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HomeMy WebLinkAboutCity Council - 05/07/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 7, 1996 7:30 P.M., CITY CENTER Council Chamber 8080 Mitchell Road COUNCI AIEMBERS: Mayor Jean Harris,Ronald Case, Patricia. Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J.Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson ROLL CALL Mayor Harris called the meeting to order at 7:30 PM. All members were present. PROCLAMATION PROCLAIMING "SENIOR AWARENESS WEEK" MAY 11 THROUGH MAY 17, 1996 Mayor Harris read the proclamation proclaiming the week of May 11 through May 17, 1996, as "Senior Awareness Week." I. APPROVAL OF AGENDA AND OTHER ITIEMS OF BUSINESS Pidcock added item XI.A.1. STA Meeting on May 9, 1996. Hams added item XI.A.2. Maintenance of Utffitj Flags in the Community. MOTION: Pidcock moved, seconded by Thorfmnson, to approve the agenda as published and amended. Motion carried unanimously. If. OPEN PODII III. MlNUTES A. SPECIAL CITY COUNCIL NZEMG HELD TUESDAY, APRIL 16, 1996 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the Special City Council meeting held Tuesday, April 16, 1996, as published. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUF DA , APRIt 16, 1996 Case had two changes: Change paragraph 5 of page 9 to "...construction method CITY COUNCIL MINUTES May 7, 1996 Page 2 had been addressed."; Delete the last sentence of paragraph 2 of page 12 and change the first sentence to "...out onto the street, but that this configuration of a turned garage would address that concern." MOTION: Thorfinnson moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, April 16, 1996, as published and amended. Motion carried unanimously. C. COUNCEUSTAFF WORKSHOP HELD TUESDAY, APRIL 23, 1996 MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the Council/Staff Workshop held Tuesday, April 23, 1996, as published. Motion carried with Pidcock abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHWEST METRO TRANSIT HUB by Southwest Metro Transit Commission. 2nd Reading of Ordinance 13-96-PUD-3-96 for PUD District Review and Zoning District Change from Rural to C-Reg-Ser on 8.5 acres; Adoption of a Site Plan review on 8.5 acres and Approval of a Developer's Agreement for Southwest Metro Transit Hub by Southwest Metro Transit Commission. Location: South of Highway 5, north of Technology Drive and west of Prairie Center Drive. (Ordinance 13-96-PUD-3-96 for PUD District Review and Zoning District Change and Resolution 96-75 for Site Plan Review) C. WATER TREATMENT PLANT EXPANSION by City of Eden Prairie. 2nd Reading of Ordinance 18-96-PUD-5-96 for PUD District Review on 18.9 acres and Zoning District Amendment within the I-5 District; and Adoption of a Site Plan Review on 18.9 acres. Location: Southeast corner of Highway 5 and Mitchell Road. (Ordinance 18-96-PUD-5-96 for PUD District Review and Zoning District Amendment and Resolution 96-76 for Site Plan Review) D. BEST BUY PARKING by Best Buy Company. 2nd Reading of Ordinance 19-96-PUD-6-96 for PUD District Review on 28.5 acres and Zoning District Change from Rural to I-2 on 0.7 acres; Adoption of a Site Plan Review on 0.7 acres and Approval of a Developer's Agreement for Best Buy Parking by Best Buy Company. Location: 10555 Northgate Parkway. (Ordinance 19-96-PUD-6-96 for PUD District Review and Zoning District Change and Resolution 96-77 for Site Plan Review) E. FLYING CLOUD BUSINESS CENTER by Opus Corporation. 2nd Reading of Ordinance 20-96-PUD-7-96 for Zoning District Amendment in the I-5 Zoning District and PUD District Review on 15.6 acres; Adoption of a Site Plan Review on 15.6 acres and Approval of a Developer's Agreement for Flying Cloud Business CITY COUNCIL MINUTES May 7, 1996 Page 3 Center by Opus Corporation. Location: 6509 Flying Cloud Drive. (Ordinance 20-96-PUD-7-96 for Zoning District Amendment and PUD District Review and Resolution 96-78 for Site Plan Review F. PROCLAMATION PROCLAEVIING MAY 21, 1996 AS MARGE MCPEAK DAY IN THE CITY OF EDEN PRAIRIE G. APPROVE BID TO INSTALL RUBBERIZED FLOORING IN COMMUNITY CENTER LOBBY H. REQLMT TO APPROVE BID FOR MILLER PARK SHELTER I. APPROVAL OF EASEMENT BETWEEN CITY OF EDEN PRAIRIE AND AM J. AUTHORIZATION OF PURCHASE OF OUTLOT B FROM MIS K. RESOLUTION 96-79 AWARDING CONTRACT FOR 1996 STREET SEALCOAT, I.C. 96-5410 L. RESOLUTION 96-80 AWARDING CONTRACT FOR 1996 STREET STRIPING, I.C. 96-5411 M. AWARD CONTRACT FOR DRUM VIBRATORY COMPACTOR, I.C. 96-5416 N. APPROVE PETIT RSON VS CITY OF EDEN PRAIRIE SETTLEMENT AGREFAEENT O. RELEASE OF LAND - PERTAINING TO SPECIAL ASSESSMINT AGREEMENTS WITH MASON HOMES, INC. P. APPROVE PLANS AND SPECIFICATIONS FOR WATER TREAD NT PLANT EXPANSION AND AUTHORIZE BIDS TO BE RECEIVED, I.C. 96-5350 Q. SPECIAL ASSESSMENT AGREEMENT WITH BE RPATR REGAR SEWER AND WATER ACCESS CHARGES Pidcock asked that item F, PROCLAMATION PROCLADMG MAY 21, 1996 AS MARGE McPE,AK DAY IN THE CITY OF EDEN PRAIRID, be treated as a separate item in order to give it special consideration. MOTION: Pidcock moved, seconded by Case, to approve items A-E and items G-Q of the Consent Calendar. Motion carried unanimously. CITY COUNCIL MINUTES May 7, 1996 Page 4 MOTION: Pidcock moved, seconded by Thorfinnson, to proclaim May 21, 1996, as Marge McPeak Day in the City of Eden Prairie. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. L UETOUCH CORPORATE HEADOUARTl♦RS by Lifetouch, Inc. Request for Planned Unit Development Concept Review on 109 acres, Planned Unit Development District Review on 16.22 acres, Zoning District Change from Commercial Regional to Office on 9.6 acres, Site Plan Review on 9.6 acres and Preliminary Plat of 16.22 acres into 2 lots. Location: Viking Drive and Prairie Center Drive. (Ordinance for Zoning District Change and PUD District Review, and Resolution 96-81 for PUD Concept Review, and Resolution 96-82 for Preliminary Plat) Ted Koenicke, representing Lifetouch, reviewed the proposal for staged construction of an office development on a 16.22 acre parcel. Pidcock asked how many jobs will be brought into the City. Koenicke said Phase 1 construction will provide a building with 300-400 employees. It will be consolidated from their current facilities in Edina and Bloomington. Enger said the Planning Commission reviewed the proposal at the April 8, 1996, meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of April 5th. As part of Phase 2 and Phase 3, the Commission noted there should be discussion regarding no adequate justification for the seven-level parking ramp. The Commission also recommended that waivers for the building height and impervious surface be granted. Enger noted that the zoning for Phases 2 and 3 would require a zoning amendment and site plan review prior to building permit issuance. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the proposal at their April 15, 1996, meeting and recommended approval on a 7-0 vote, per the Planning Commission report, the Supplemental Staff Report of April 10, 1996, and the additional recommendation that a five-foot concrete sidewalk be built on the north side of Viking Drive. The Parks Commission had extensive discussions regarding the shoreland variances, stormwater drainage and the cash park fees. There are no cash park fees required because of a 1976 agreement with Condon-Naegele. Pidcock asked if Southwest Metro has reviewed this proposal. Enger said they have. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. CITY COUNCIL AIINUTES May 7, 1996 Page 5 Regarding the shoreline variance request, Case was bothered by yet another waiver for variance on shorelines. He could see some differences between this project and projects on other locations; however he would like to put future developers of lakeshore property on notice that they cannot count on his vote for variance. Pidcock said she also had some concerns about the variances; however, she feels the Parks Commission did an excellent job of touching on the issues of concern. MOTION: Pidcock moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance for Zoning District Change from Commercial Regional to Office on 9.6 acres and PUD District Review on 16.22 acres; to adopt Resolution 96-82 for Preliminary Plat approval of 16.22 acres into two lots; to adopt Resolution 96-81 for PUD Concept Review on 109 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. EDEN PRAIRIE PRESBYTERIAN CHURCH by Eden Prairie Presbyterian Church. Request for Comprehensive Guide Plan Change from Low Density Residential to Public on 12.18 acres, Site Plan Review on 12.18 acres, Zoning District Change from Rural to Public on 12.18 acres and Preliminary Plat of 12.18 acres into one lot and road right-of-way. Location: Pioneer Trail and County Road 4. (Ordinance for Zoning District Change, Resolution 96-83 for Comprehensive Guide Plan Change and Resolution 96-84 for Preliminary Plat) Becky Lennon, representing Eden Prairie Presbyterian Church, reviewed the project and noted that Eden Prairie Presbyterian has been a member of the community for 140 years. She said they are asking for a waiver of the park dedication fees. Gary Tushie, architect for the project, reviewed the building and site plans. Enger said the Planning Commission reviewed the proposal at the April 8, 1996, meeting and recommended approval on a 7-0 vote, subject to the recommendations of the April 5, 1996, Staff Report. He noted there was a question at the Parks Commission meeting regarding the building height of 38 feet; however the project meets the code requirements with regard to height, landscaping and building materials. Lambert said the Parks Commission reviewed the proposal on April 15, 1996, and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report. He said they discussed the cash park fees and the drainage plan. City code does not allow cash park fees for churches, so a waiver is not required for this. If the church decides to develop a portion of the property into residential at a later time, they would be charged the cash park fee at that time. There were no comments from the audience. CITY COUNCIL MINUTES May 7, 1996 Page 6 MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to Public on 12.18 acres; to adopt Resolution 96-84 for Preliminary Plat approval of 12.18 acres into one lot; to adopt Resolution 96-93 for Comprehensive Guide Plan Change from Low Density Residential to Public on 12.18 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case asked if Prairie Lutheran Church paid a cash park fee when their lots were sold off. Lambert said they did. Thorfinnson asked if there has been resolution regarding the issue of driveway access for the house to the north of the property. Tushie said they have agreed with the homeowner to provide access out of the church driveway but they do not have an engineering drawing for that as yet. VOTE ON THE MOTION: Motion carried unanimously. C. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for Comprehensive Guide Plan Change from Low Density, Medium Density, and High Density and Office to Medium and High Density Residential and Office on 88.5 acres, Zoning District Change from Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned Unit Development Concept Review on 88.5 acres, Planned Unit Development District Review on 38.5 acres, Site Plan Review on 38.5 acres, Preliminary Plat on 38.5 acres into 394 lots, and EAW review. Location: Anderson Lakes Parkway and Hwy. 169. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from Rural to RM 6.5 and RM 2.5 and PUD District Review, Resolution for PUD Concept Review, Resolution for Preliminary Plat) 7ullie said notice of this Public Hearing was published in the Eden Prairie News on April 25 and was mailed to 35 property owners. Thomas Stanke and Ron Bestyr, representing Pulte Homes, reviewed the project and the site plan. There will be 692 units in the development with three different townhouse products offered: villa homes; court homes; and club homes. At this time they are requesting rezoning for the southern half of the property with 420 units proposed. Bestyr reviewed the sight lines for the project, noting that there will be substantial plantings on the berms which will change the sight lines. Pidcock asked about the plantings on the berms. Bestyr said most of the trees will be coniferous that will grow up to 40 feet in height, and there will be machine-moved trees that are 10 - 18 feet tall when they are planted. Pidcock asked what areas of the City have similar types of berms. Enger said the CrrY COUNCIL MINUTES May 7, 1996 Page 7 Hartford project north of the Preserve is an example, as are Eden Place and Fountain Place apartments. Case asked if Pulte has experience in building models other than the court and club styles. Stanke said they have built those two models in other areas, and they have experience building single family homes. Case then asked if they have a more expensive townhouse model. Stanke said their experience shows that their market of retirees and empty nesters are willing to spend in the price range Pulte is proposing for this development. Case asked Enger if there are townhomes on the corner of County Road 4 and Pioneer Trail. Enger said those are twin homes at $230,000 and up. Tyra-Lukens asked if there are two roof types for each type of unit. Stanke said there will be two roof variations as well as two siding variations. Enger said the Planning Commission reviewed the proposal at their March 24, April 8, and April 22, 1996, meetings and recommended approval of the request at the April 22nd meeting on a 6-0 vote, per the revised plans of April 19 and the recommendations of the Staff Report of April 19, 1996, with the exception that items 4 and 5 referring to Alternative 2 would be struck from the recommendations and with the additional recommendation that there be a more defined trail through the court and club home neighborhood to provide access to the park. He noted the project provides for affordable housing, and the traffic projections indicate less traffic than the Guide Plan and Alternative 2 and also less than the original plan. The setbacks are three times greater than required by code, and there is 60% open space. Staff believes the berms are too high along Staring Lake Park and Anderson Lakes Parkway and recommend that they be lowered. A waiver will be required from the minimum lot size. Phase 2 will require rezoning for site plan review. Lambert said the Parks Commission reviewed the project on May 6 and voted 6-0 for approval, subject to the following changes: Developer to remove the public mini-park and make it optional to relocate within the complex; Developer to maintain a 200-foot wide conservation area in a natural condition between the NURP pond and any development; A sidewalk be built along the loop street to provide safe pedestrian movement. Tyra-Lukens asked about the staff recommendation to lower the berms. Enger replied Staff feels the project would be more interesting if the berms were undulating. Tyra-Lukens asked Lambert the approximate cost to build a mini park. Lambert said it would be$150,0004175,000 without the land. Case asked if it is typical that the developer would put in a tot lot or two. Lambert said the City can require a mini-park with tot lot or playground equipment and a tennis court when there are high density and medium density units and the CITY COUNCIL MINUTES May 7, 1996 Page 8 development is outside the service area of neighborhood parks. Case thought it would be reasonable to ask the developer to put in a tot lot or two. Tyra-Lukens asked if there was discussion regarding traffic along Columbine, especially traffic from Hennepin Technical trying to avoid Hwy. 169. She asked if the intersection at Hwy 169 was a higher grade than the one at Anderson Lakes Parkway. Enger said the intersections would continue to operate at level service D after this development is built with no further improvements. He said the signal at the Hennepin Technical intersection operates at level service A and provides a free-flowing condition, and the developer has changed the plans to orient more units down to that signal. Columbine is an important connection north to Prairie Center Drive in the future, and it will be important to signalize the intersection with Fountain Place. Thorfinnson suggested we could restrict some left turns onto Columbine at certain times. Enger said we could look into that. Dennis Davey, 8935 Pine Bluff Ct., said he has personal issues with the project and is also the representative of a 200-member homeowners association. A survey of his neighborhood showed that all of the participants were opposed to the development. They have long term concerns about the private roadways and how the homeowners association in the development will be able to plan for long term maintenance of such things as parking areas. He was also concerned about traffic, the additional load put on Staring Lake Park, and the common driveways. Maurizio Gramigni, 8940 Hilloway Road, thought the development would segregate the affordable housing in the City, and we should not concentrate low income housing in one area. He asked about the plans for affordable housing in the City. Harris noted that we have a plan for affordable housing and we do not consider this low income housing, rather it is affordable housing and life cycle housing. Gramigni asked for a copy of the plan for affordable housing, and then asked the Council to prove Eden Prairie is not segregated by not approving this plan. Gene Kopyar, 8937 Hilloway Road, was concerned about long-term management of the project. He presented a petition against the development. He said the number one problem with homeowners associations today is inadequate cash flow, and he was concerned that this association would encounter that problem. He was also concerned about the impact of airport noise. Steve Bennett, 14631 Queens Trail, questioned the projected number of children per unit at .21, noting that there will be no recourse once the proj ect is in place and the projections are wrong. Deb Dow, 14382 Starwood Circle, distributed a petition from some property owners. Her main concern was the impact the development will have on the CITY COUNCIL MINUTES May 7, 1996 Page 9 schools, particularly the impact on Cedar Ridge Elementray and the long-term effects on schools and education in Eden Prairie. She was also concerned the figures on the number of school-aged children are too low. Robert Campbell, 15560 Edgewood Ct., thought it was outrageous that a project of this scope is being dropped into this location. Karen Tinucci, 9187 Victoria Drive, would like to see the project happen but not at this magnitude. She thought the proponent could work with the Douglas Corporation to subdivide and retain the commercial/retail development between Columbine and Hwy. 169, while developing the rest as residential. She would like to see some of the property used for parking at the new pool being built at the Intermediate School. Harris said that parking is not part of the current plan, but the Council may address the issue. She noted the Planning Commission is appointed by the Council from volunteers who serve on the boards and commissions. They represent the citizens of the community, and they have contributed a great deal to the way Eden Prairie is today. Tinucci asked how many residential units could be put in the area between Columbine and Staring Lake. Franzen replied there could be 740 units built in that area. Larry Berger, 8780 Flesher Cir., said the Metropolitan Council told him that the affordable housing quotas are just suggestions. He thought we are not giving people choices by forcing them to live in this large project, rather they should be dispersed into the community. He was also concerned about safety issues. Ann Pitzer, 8820 Flesher Cir., was concerned about the environmental impact, especially the impact on the quality of water in Staring Lake. She thought Pulte should be able to buy all the land in one purchase. She said we, as citizens, are telling you this is not what we want. Jody O'Connor, 8270 Mitchell Road, would like to see the project proceed. We do need this type of housing, and that need is not going to go away. She thought this was a very positive step towards developing this property. She thought the units are too small for a large number of children in one unit. She noted that there are no associations for many single family residential areas, and many of them need maintenance or landscaping. There are not a lot of affordable lots in Eden Prairie so we do not have a lot of options for placing affordable housing. Jim Hokanson, 8979 Ferndale Lane, thought we should consider a mixed use for this property by keeping a number of these units but adding a strip mall and office building that won't put the same pressures on the City. He thought this is not elderly housing, but it is possibly "empty-nester" property. He was frustrated at CITY COUNCIL MINUTES May 7, 1996 Page 10 the Planning Commission meetings, and he thought we must decide if it is good for the community and then do it, otherwise don't. Steve Swanson, 14183 McCoy Court, said the project is too large--it will be 3-1/2 times bigger than the biggest townhome development in the City. He was concerned about who will live in these homes over the long term. He thought we should be very cautious before we change the Guide Plan, and reguiding this property will improperly favor this property owner. He noted there have been very few exceptions to the commercial use of areas around Hwy. 169. He thought it was not logical to develop the property from the south to the north and was concerned about possible ulterior motives for developing the northern portion of the property. He reviewed numbers that contradicted the traffic estimates presented by staff. He thought there were errors in the EAW Mary Ann McDonough, 8971 Garland Ct., said they have no information about how this project fulfills the objectives and goals proposed by the City for affordable housing. She thought we should wait on this project as she thought it was a solution presented before the problem was defined. She was concerned about the definition of affordable housing. Harris noted we are not looking at this project as a solution to provide a spectrum of housing in this community. The plan includes principles and criteria that guide further development. Paul Olson, 8899 Flesher Cir., presented figures on how this project could be one that the opponents could be comfortable with and questioned that the developer could not make a profit without building this many units. Karen Sell, 8796 Flesher Cir., was concerned that the recommendations from the DNR and the U.S. Fish & Wildlife Services were not included in the Parks Commission packets. She questioned whether this is the proper placement of the NURP pond. She was also concerned about the placement of the park in an area that is environmentally sensitive according to the U.S. Interior Department. She urged the developer to incorporate recreational areas into the project so that Staring does not become the neighborhood park for the project. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Thorfinnson asked if there will be an association for each of the three types of housing. Stanke said that was correct. Thorfinnson asked if we are proposing to provide access to the park to people outside the development and, if so, what kind of access. Lambert said that will depend on what is approved. Staff recommended locating the park on top of the hill, and the developer moved it down the hill. Staff had concerns about moving it to the proposed location because of its proximity to the NURP pond. As CITY COUNCIL MINUTES May 7, 1996 Page 11 proposed, the access would come from a trail proposed to come off the loop street trail. The trail would then connect to the Staring Lake Parkway trail. Thorfinnson asked if Pulte would build the park and the City would maintain it. Lambert said the proposal is that Pulte will build the park with 50% of cash park fees, and the City would then own and maintain the park. Thorfinnson asked if the Guide Plan would allow a maximum of 740 units on the area west of Columbine. Enger said that is the maximum density that could be allowed by the zoning ordinance and was based on the possibility of an apartment project. Franzen reviewed the zoning designations on the property and the number of units and square footage possible for the designations. In reference to the concerns about affordable housing expressed, Thorfinnson said the City did not seek out Pulte to develop the property as affordable housing. As Chairperson of the Housing, Transportation and Social Services Board, Thorfinnson said he is very involved in that group's dealing with our commitment to affordable housing. He said the Council has approved some basic strategies that will guide us in the process, and the Board is developing an action plan that will guide us over the course of the next several years to the point where we will encourage all developers to participate in the goal of 30% of the ownership housing as affordable housing. He noted the definition of affordable housing was set by the Met Council and is currently set at $115,000, a figure which is not low income housing by any stretch of the imagination. Thorfinnson said he toured the club homes Pulte built in Woodbury and noted there was no one under 60 looking at those homes. He also noted that the townhomes would be very crowded if there were more than one or two children in them. He thought this is the time for such a project. Thorfinnson was concerned about the placement of the NURP pond and the placement of the park. He was not in favor of exchanging park fees for park land and was not in favor of the ongoing maintenance of the park being done by the City. Pidcock thanked all of the people in the neighborhood who worked together on the project review. She thought the project is market driven and helps to take care of the needs of all of our residents. She was concerned that the governing structure of the associations has been addressed satisfactorily. She noted it is not unusual to have a residential area near major streets or roadways. She thought there is a great need for one-level townhouses. She would like to'see some green space on the east side of Columbine Road. She was offended by the term "kids in the project" and thought this would be an area for people to live in dignity and peace. Harris asked how many units there are in the Preserve. Enger replied there are about 5000 residents in the Preserve in 2000 units. CITY COUNCIL MINUTES May 7, 1996 Page 12 Harris asked when we will be done with the EAW. Franzen said the EAW has been prepared and distributed to the 25 different agencies as required. We have responses that have listed a number of questions and need to respond to those. The questions were in regard to Purgatory Creek and the shoreline ordinance. The U.S. Fish & Wildlife questioned the slope area. Harris asked if we are in the process of addressing the issues but have not completed the EAW. Franzen said that was correct. Harris noted that the Preserve is a sizable development that is managed by an association. She thought the density was similar to what one would see on a traditional City block or in European cities. She thought it was the maximum utilization of space. Harris said the issue of the parks is shared by everybody; however, the City is being built to accommodate 65,000-70,000 people and the schools have also planned for those numbers. She wanted to see the issue of the "small city" enclosed within the berms addressed and she also wanted to make sure all of the concerns expressed in the EAW are addressed. She was concerned about the "sameness," but thought changes in the roofs and colors would help. She would like to have greater variety offered within the neighborhoods. MOTION: Pidcock moved, seconded by Thorfinnson, to extend the meeting to 12:00 a.m. Motion carried unanimously. Tyra-Lukens said she is hearing a lot of comments from citizens that are opposed to the project and she has talked to people in all part of the community. She thought the density is not an issue but the extent of the project is an issue. This is not scattered site housing, and this is not wise. She said it segregates people to this area, and there is no sense of community designed into the plan. Tyra-Lukens was concerned about increased traffic in an accident reduction area. She had concerns about making Guide Plan changes for such a massive project. She had problems that this is being proposed on the most expensive land in Eden Prairie and she thought we should put some affordable housing on less costly land so there can be more green space. She believes we are sacrificing livability for affordability. Case was sensitive to all the concerns expressed and he, too, believes there are concerns with the project. He thought the project has become extremely tangled with tangent issues. He is passionate about bringing new affordable housing into Eden Prairie, and he would prefer to see the current plan worked on. He thought it is essential to have it perceived by everybody as successful. Case believed the following concerns need to be addressed: Lower the number of units; Add one additional townhome product to enhance the diversity; Provide variants to the exteriors; Accommodate some sort of parking lot at the CITY COUNCIL MINUTES May 7, 1996 Page 13 entrance to the Oak Point lower parking lot; Signalize the intersection at Fountain Place; Add two small tot lots and maybe a tennis court in the project at the developer's expense. He was not comfortable with giving up the cash park fees and supported the Planning Commission's rejection of Alternative 2. Thorfinnson said the 200-foot conservation area would have to be part of what happens and agreed that we need to look at the parking. He asked about the staging of the project and if we are approving the whole project. Enger replied we are approving the Guide Plan and PUD concept approval for the entire proposal, and rezoning of the southern half of the property. The rezoning of the northern portion would come back later this year. Thorfinnson was concerned that the documents were not forwarded to the Parks Commission as they should have been. Regarding the concerns expressed about the process, he said the Planning Commission has a harder job than the Council does because they have to wade through a lot of the development process before it gets to the Council. The Commission is made up of hard working and honest citizens; however, he knew there are concerns about the process and procedures and we have been discussing the development process and where the citizens can get involved in the process. He thought we may need some changes so people feel more a part of the process and know when they can have input. Harris suggested we continue the Public Hearing to a future date to give Staff and the developer time to revise the project. Pidcock suggested continuing it to June 4, 1996. •Case said he was confused about the zoning. He asked if the northern section could end up with a higher density than we are considering now. Enger said the request is for a zoning of the southern half of the property at this time with a concept approval on the entire piece. He said the alternative would be to leave the northern half as the Comprehensive Guide Plan shows it. They would have to return to the Council for rezoning. MOTION: Pidcock moved, seconded by Thorfinnson, to reconsider the motion to close the Public Hearing. Motion carried unanimously. VOTE ON THE MOTION TO CLOSE THE PUBLIC HEARING: Motion failed unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to June 4, 1996. Motion carried unanimously. City Attorney Pauly said the clock is running on the EAW and we should extend the EAW for an additional 30 days. MOTION: Pidcock moved, seconded by Tyra-Lukens, to extend the EAW by CITY COUNCIL MINUTES May 7, 1996 Page 14 30 days. Motion carried unanimously. Harris advised staff and the developer to take due note of the Council's concerns expressed tonight when they work on the revisions to the project. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION 96-85 APPROVING THE FIRE DEPARTMENT POLICY &PROCEDURES MANUAL MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to adopt Resolution 96-85 approving the Eden Prairie Fire Department Policy and Procedures Manual as recommended by staff. Motion carried unanimously. VIII. PETITIONS, REQJMTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. A. FLYING CLOUD AIRPORT ADVISORY COMMISSION- Appointment of one member to fill an unexpired term to 3/31/98 Thorfinnson nominated Carlo Amato MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Carlo Amoto to fill the unexpired term on the Flying Cloud Airport Advisory Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS Due to the lateness of the hour, 7ullie suggested the Council move to item M. C. 2. to accommodate those in the audience who were present for that item. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FAC_ILITEES 2. Request- from Girls Softball Association to Accept Donation of Scoreboards for Balifields at Miller Park Referring to the Staff Report of May 7, 1996, Lambert said the ballfields at CITY COUNCIL MINUTES May 7, 1996 Page 15 Miller Park were wired for scoreboards when they were constructed. The City agreed to do the installation if the scoreboards were donated. He said the cost to install eight boards is $9100. The Girl's Softball Association is anxious to get them installed this year in time to host a national championship in August. The scoreboards proposed would contain advertising for SuperAmerica., the purchaser of the boards. The City has had a policy prohibiting advertising in the City parks since the 1980's. The Parks Commission reviewed the proposal and, on a 4-1-1 vote, recommended the donation be rejected due to the advertising on the scoreboards. Pidcock asked if anyone has gone back to the donor to see if they would consider reducing the advertising. Lambert reviewed changes staff has proposed to make the advertising less conspicuous. Representatives of the Softball Association said they have not approached SuperAmerica with the request to change the advertising. Tyra-Lukens did not have a problem with the advertising because the policy was made at a time when we had more money for parks. She asked if we need to look at this in terms of the donation policy we came up with and possibly develop with a policy regarding advertising on donations. Harris said she would prefer to consider such issues on a case by case basis. She thought there is a precedent with the Zamboni at the Community Center. She asked if the$9100 for installation could be raised from the Association. Lambert said there was an offer from the Softball and Baseball Associations at the Commission meeting to pay half of the installation costs. Case had some concerns that we not get the look of some of the fields in Bloomington. He thought we should develop some general guidelines to help relieve any fears that we would experience a proliferation of advertising out in the ballfields. Lambert noted part of the deal proposed was a ten-year commitment after which we could start eliminating the advertising. Tyra-Lukens noted she thought it is important to have a policy. MOTION: Thorfinnson moved, seconded by Pidcock, to accept the donation of the scoreboards with the suggested revisions to the location and colors of the advertising and with the stipulation that the Associations split the cost of the installation with the City. Motion carried unanimously. 1. Policy on Smoking on Community Center Property Lambert said the Parks Commission reviewed the proposed Ordinance and suggested that we might prefer to move the smoking area to the rear of the building CITY COUNCIL MINUTES May 7, 1996 Page 16 rather than ban smoking on Community Center property. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance amending the City Code, Section 9.04, relating to Rules and Regulations governing public parks, per the Staff Memorandum of May 5, 1996. Case had a problem with this and thought we are going the other way in our progress towards smoke-free grounds and buildings if we allow smoking at the rear of the building. He thought the statement we are making to the community is confusing. Harris asked what would happen if someone is reported. Lambert asked how we would define grounds. Case said those details would have to be worked out. Pidcock was concerned that we would be promoting something that is bad for one's health. Thorfinnson asked who is the majority of the smokers. Lambert said it is the parents. He did not want staff put in a position where they have to call the police to move a smoker from the grounds. Thorfinnson thought this would get them away from the front door. He thought we should do something but was concerned about how we can enforce it. Tyra-Lukens thought this is something that merits more discussion, and moving the smoking area would relieve the present situation while we address the whole issue. Case suggested we couple this with a direction to staff to take a look at the whole issue on City grounds as he thought it is a much bigger issue than just the Community Center. VOTE ON THE MOTION: Motion carried unanimously. 3. Request to Appoint Deb Campbell Potter, Arts Commission Chairperson, as the Commission Liaison to the Staring Arts Board MOTION: Pidcock moved, seconded by Thorfinnson, to appoint Deb Campbell Potter as the Commission liaison to the Eden Prairie Staring Arts Board, including reimbursement for meal expenses. Motion carried unanimously. A. REPORTS OF COUNCILMEMBERS 1. STA meeting on May 9., 1996 CITY COUNCIL MINUTES May 7, 1996 Page 17 Pidcock urged Councilmembers to attend the STA meeting on Thursday, May 9, at 9:00 a.m. 2. Maintenance of Utility Flags in the City Harris reported the plastic utility flags are in very bad shape around the City and asked staff to contact the utility companies about maintaining or replacing them. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION &FACH ITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRFCTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XM. ADTO MOTION: Pidcock moved, seconded by Thorfmnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:55 PM.