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HomeMy WebLinkAboutCity Council - 07/02/1996 APPROVED MINUTES E.DEN PRAIRIE CITY COLT_NCII, TUESDAY, JULY 2, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: 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 PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER DYM OF BUSINESS Jullie added item M.E.1. Update on Hwy 212 Toll Road Proposal and deleted item IV.F. APPROVAL. OF SPEC AL ASSESSMENT AGREEMENT WITH MARK RADBOURNE. Pidcock added item M.A.1. Calls about Raccoons and asked that item IV. B. RESOLUTION 96-97 COMMENDING EDEN PRAIRIE COMM[_RMY BAND ON THEIR ACCOMPLISHMENTS AND WISHING THEM WELL ON THEIR MUSICAL L,TOUR be pulled from the Consent Calendar in order to give special attention to the Community Band. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. U. OPEN PODIUM RESOLUTION 96-97 COMMENDING EDEN PRAIRIE commulyrrY BAND ON THEIR ACCOMPLISHMENTS AND WISHING THEM WELL ON THEIR MUSICAL TOUR Councilmember Pidcock read the resolution. Mayor Harris noted we are well served by the Eden Prairie Community Band. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 96-97, commending the Eden Prairie Community Band on their accomplishments and wishing them well on their musical tour. Motion carried unanimously. CITY COUNCIL MINUTES July 2, 1996 Page 2 M. MENUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, TUNE 18, 1996 MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Minutes of the Council/Staff workshop held Tuesday, June 18, 1996, as published. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TITESDAY, .TUNE 18, 1996 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Minutes of the City Council meeting held Tuesday, June 18, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST C. RESOLUTION 96-98 APPROVING FINAL PLAT OF VILLAGE KNOLLS 4TH ADDITION(located east of Homeward Hills Road and west of Purgatory Creek) D. RESOLUTION 96-99 APPROVING FINAL PLAT OF SUNNYBROOK WOODS (located north of SunWIrook Road and west of Homeward Hills Road) E. REQUEST FOR R.A.L.F. ACQUISITION OF BOLLIG/TACQUUF PROPERTY (Resolution 96-100) F. APPROVAL OF SPECIAL ASSESSMENT AGREEMENT WITH MARK RADBOURNE G. RESOLUTION 96-101 APPROVING AGREEMENT NO, 1 FOR CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH 18 (South of CSAH 1) H. RESOLUTION 96-102 AUTHORIZING THE CITY MANAGER TO ACT AS AUTHORItiING OFFICIAL TO EXECUTE THE GRANT AGREEMEM BETWEEN THE CITY OF EDEN PRAIRIE AND THE METROPOLITAN REGIONAL ARTS COUNCIL MOTION: Case moved, seconded by Tyra-Lukens, to approve items A, C-E, G and H, with item F deleted. Motion carried unanimously. CITY COUNCIL MINUTES July 2, 1996 Page 3 V. PUBLIC HEARINGS/MEETINGS A. TOM TMIM GAS PUMPS by Mike Eiker. Request for Zoning District Amendment in the Neighborhood Commercial District on 2 acres, Site Plan Review on 2 acres for construction of an additional gas pump island. Location: Southeast corner of Dell Road and Townline Road (Ordinance for Zoning District Amendment) Gus Tarr, real estate coordinator with Tom Thumb Food Markets, reviewed the request to add additional gas pumps. Enger said the Planning Comission reviewed the item at the June 10, 1996, meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of June 7, 1996. Case felt there wasn't a lot of plant material around the area and asked if it would be appropriate to recommend a few more trees, particularly along the Dell Road corridor. He likes to see this kind of commercial development that provides service to a residential neighborhood. Enger said we could look at the recommendation for more trees prior to issuing the building permit. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to approve lst Reading of the Ordinance for Zoning District Amendment in the Neighborhood Commercial District on 2 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the recommendation to provide additional screening vegetation along Dell Road. Motion carried unanimously. B. MITCHELL VILLAGE by Centex Homes. Request for Planned Unit Development Concept Review on 41 acres and Planned Unit Development District Review on 19.65 acres, Zoning District Change and Site Plan Review on 19.65 acres, Preliminary Plat of 41 acres into 21 lots and 5 outlots and road right-of-way- Location: Anderson Lakes Parkway and Mitchell Road (Ordinance for PUD District Review and Zoning District Change, Resolution 96-103 for PUD Concept Review, Resolution 96-104 for Preliminary Plat and Resolution 96-I10 for Site Plan Review) Dan Blake, representing Centex Homes, reviewed the proposal to build 123 ownership units, 25-30% of which are proposed to meet the goals of the Livable Communities Act. He said the tree loss will be 67%; however, the trees on the west side are in very poor condition, and they are proposing to replace trees in accordance with the City ordinance. Enger said the Planning Commission reviewed the project at their June 10, 1996, CITY COUNCIL MINUTES July 2, 1996 Page 4 meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of June 7, 1996. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project at the June 17, 1996 meeting and recommended approval on a 3-1-1 vote, with Bowman opposed because of the high tree loss. He said the discussion focused on the tree loss, the wetlands and the future status of the outlots that contain the wetlands. The existing property owner plans to donate the wetlands to the City. Pidcock was very uncomfortable with having the knoll cut down. She reviewed some of the history of this property. She did not have a problem with the tree loss because they are primarily cottonwood trees and they have a good replacement plan. Case asked if we are counting the trees in the dump area as significant ones. Blake said they worked out with Staff that there are some trees that measure as significant but don't count against the tree loss. Case wanted the developer to seek advice from the Heritage Preservation Commission on naming the roads, and to have John Gertz or the HPC check the farm equipment on the site before it is destroyed. Tyra-Lukens also wanted to have historical street names. She asked how we are going to handle the signage because the project is divided by a major street. Blake said they will have something at each of the three access points, but they don't envision anything too large because there really isn't a main entrance. He said it probably will feel like two neighborhoods. Case asked if there will be only one homeowners association. Blake said there probably will be only one. Tyra-Lukens said one of the most attractive things is the natural feeling of the area and asked if they are trying to preserve some of that feeling in the outlot area. She asked if Outlot A is the NURP pond. Enger said it is. Blake reviewed the status of the outlots. Lloyd Ellingson, 14250 Chestnut Drive, objected to the design of the building because it is the same as several developments elsewhere in Eden Prairie, Chaska and Bloomington. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Case was also concerned the City doesn't turn into a Woodbury or other similar community; however, the trade-off is we are trying to build homes in the$90,000 CITY COUNCIL MINUTES July 2, 1996 Page 5 to $110,000 range to diversify our home stock. It is difficult to ask a developer to come in with several new designs in that price range. Pidcock would like to see the developer make some changes to the exterior to add some architectural detail that will make them a little different. Harris asked if they addressed what the knoll was. Blake said the top of the knoll was always there at that elevation; however, it was filled in and leveled off to the north and east of the knoll. Harris asked what material was used for the fill. Blake said it is a wet clay mixture that is probably out of an excavation site. It was probably placed there in the late 60's or early 70's. Harris asked if it is possible to develop the project with the knoll in place. Blake said it is not practical to get a road up to the knoll with any use of the land. Pidcock asked if that meant there is no way they can build without taking the top of the hill off. Blake said that it was filled in which made the top much larger. He said they did a dozen soil borings and have old and new topographicals to show when the fill occurred. MOTION: Case moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance for Zoning District Change from RM2.5 to RM6.5 on 19.65 acres, and PUD District Review on 41 acres; to adopt Resolution 96-103 for Planned Unit Development Concept Review on 41 acres; to adopt Resolution 96-104 for Preliminary Plat Approval of 41 acres into 20 lots and 6 outlots; to adopt Resolution 96-110 for Site Plan Review on 19.65 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and between first and second readings to contact the Heritage Preservation Commission about the street names and the farm equipment and to check the signage with the ordinance. AMENDMENT TO THE MOTION: Pidcock moved, seconded by Tyra-Lukens, to amend the motion to approve the project with the knoll preserved. VOTE ON THE AMENDMENT TO THE MOTION: Motion defeated 2-3, with Case, Harris and Thorfinnson opposed. Case said he empathizes with what Councilmember Pidcock is talking about concerning the issue of preserving the topography of the City; however, this particular piece of property is very problematic. Pidcock said she is concerned when she sees hills leveled because we will lose the ambiance of Eden Prairie. Harris did not think this is meant to serve as a precedent for the future. Pidcock was concerned the Parks Commission approved on a 3-1-1 vote, and she was not sure there was enough discussion of the knoll issue. She wanted to send a message that she feels very strongly that hills should not be altered. Tyra-Lukens CITY COUNCIL MINUTES July 2, 1996 Page 6 agreed, even though there are some constraints on this piece of property. She saw the area around Staring Lake leveled for houses, yet there are parts of Eden Prairie where knolls and other areas have been maintained in a beautiful. setting. However, she thought there were too many benefits from this project not to approve it. VOTE ON THE MOTION: Motion carried unanimously. C. HARMED AREA ONE RETAIL 1996 by Ryan Construction Company of Minnesota. Request for Planned Unit Development Concept Amendment on 24.43 acres, Planned Unit Development District Review on 1.27 acres, Zoning District Amendment in the Commercial Regional Service District on 1.27 acres, Site Plan Review on 1.27 acres and Preliminary Plat of 4.43 acres into 2 lots. Location: Prairie Center Drive and Prairie Lakes Drive (Ordinance for PUD District Review and Zoning District Amendment, Resolution 96-105 for PUD Concept Amendment and Resolution 96-106 for Preliminary Plat) John Dietrich, RLK Associates working with Ryan Companies, reviewed the proposal. Enger asked if there will be sidewalks along the east and west. Dietrich said there is no change from the current sidewalks that are south and north, adjacent to the building. Thorfinnson asked if we have any guarantees or if it could be stipulated in some way that this will stay a single use building, because two tenants would probably mean opening a door to the west and adding more sidewalks. Dietrich said the plans presented to the users has been as one building. Enger thought this would be a self-leveling thing, as there would have to be physical changes to the building in order to have parking and accessibility from the west. Case suggested stipulating that the entrance would always have to be from the south. Tyra-Lukens did not see this as a big problem. Enger said the Planning Commission reviewed the project at the June 10, 1996 meeting, and recommended on a 6-0 vote approval of the request, subject to the recommendations of the Staff Report of June 7, 1996. He said the project was not reviewed by the Parks Commission. Thorfinnson asked about the process used to determine the parking requirements. Enger said it met the same standards as required by ordinance. Thorfinnson was concerned it might develop into a parking situation like that at Bucca's. There were no comments from the audience. CITY COUNCIL MINUTES July 2, 1996 Page 7 MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service District on 1.27 acres and PUD District Review on 1.27 acres; to adopt Resolution 96-105 for PUD Concept Review on 24.43 acres; to adopt Resolution 96-106 for Preliminary Plat of 4.43 acres into 2 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Tyra-Lukens asked if the height of the building is the same as the PetsMart building and if it is similar in architecture. Dietrich said it is about ten feet lower in height. D. PURGATORY CREEK ESTATES (1996) by Barry and Brian Post. Request for Preliminary Plat on 4.98 acres into 7 lots. Location: 12381 Sunnybrook Road (Resolution 96-107 for Preliminary Plat) Barry Post, proponent, reviewed the project. Enger said the Planning Commission reviewed the proposal on June 10, 1996, and recommended approval of the request on a unanimous vote. He said this is similar to the original proposal for the property, except that it now has much less negative impact on the wetlands than was believed. This eliminates one of the major objections the City had at that time. Lambert said the Parks Commission reviewed the project at their June 17, 1996, meeting and recommended approval on a 4-0 vote, subject to the recommendations of the Staff Reports of June 7 and June 12, 1996. Tyra-Lukens was confused about the amount of wetland fill. It said 400 square feet in one report and 1970 square feet in another. Post said this is a change in the delineation because they are going by the new rules. Case thought it would be possible to construct the one house without having to fill the wetlands behind it. Post said it would require a retaining wall right behind the house. Pidcock questioned whether the 300-year old tree on the property could be saved. Post said they have talked to consultants about it and are quite sure it will have to go. Case asked if we got an opinion from the City Forester about the health of the tree and its projected life. Lambert was not aware of a report on that particular tree. Enger said we could have Stu Fox look at that tree prior to 2nd Reading. Libby Hargrove, 12640 Sunnybrook Road, would like to have the oak tree remain and have only five lots in the project; however, with the change in the wetland ordinance and moving the line further back, opponents do not have a legal basis for objection. She was concerned the improvements to Sunnybrook Road should have CITY COUNCIL MINUTES July 2, 1996 Page 8 been completed this year, and the City has not held up their share of the bargain. Delays cause an increase in the costs, and she wanted to make sure this plan includes sewer and water for Sunnybrook Road. Jullie said we have been working with the Posts to properly align the sewer and storm water lines. Post said they have to work out some details between now and the final agreement, and they have not signed any papers on the easement. Jullie said we can include this as a condition of the developer's agreement. Case asked if the easement would go down the center of the cul-de-sac. Post showed the location of the sewer and storm water easements on the map. Hargrove thought there will be a need for another NURP pond to the west of this development. Post suggested she work with the Wersal property at the time that is developed. Lea Smith, Sunnybrook Road, said her property abuts the Post property, and she is concerned about how the water will get down to the NURP pond on the south. Post said there will be a pipe under the road to drain from the north to the south. Smith was concerned about how the NURP pond would work in a wetland area, as water does not filter out in a heavy rain. Post replied the Watershed District wanted the NURP pond as close to the creek and wetland area as possible. Smith was concerned other projects such as Mitchell Village can build without filling in the floodplain and she thought this project should be able to do that too. Post said they are filling 65% of what is allowed. Smith asked when the trees have to be replaced. Enger said they will obtain a bond prior to construction to guarantee that trees will be placed. They will hold the bond for one year after the trees are placed, and they go out to inspect that they are put in and that they grow. Smith asked where the project is getting the water. Post said they are getting it from north of the park if the road improvements are not completed in time. Smith asked when they will start the project. Post said they have asked for an early grading permit and would like to put some fill in the area where the house pads will be so it can settle for a year. They would start construction next spring. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens did not like the idea of a retaining wall behind someone's house in order to preclude the need for wetland fill, but neither did she like the idea of wetland fill. She asked if it would be possible to mitigate the fill on site behind lot 5. Post didn't know if we can do that, as that is the top of the interceptor. He CITY COUNCIL MINUTES July 2, 1996 Page 9 doesn't know how far we can excavate in that area. Case asked how much of the land south of the conservancy line is floodplain or wetland. Ron Peterson, Peterson Environmental Consultants, reviewed the detailed topographical and the corrected delineation on the site. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 96-107 for Preliminary Plat Approval on 4.98 acres into 7 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case has a philosophical problem with filling wetlands, and this project takes everybody's wetlands to benefit a developer and one or two homeowners. It doesn't feel like there is a hardship here, and the seven houses can be built without filling wetlands if there is a retaining wall. Harris noted this project meets all of the ordinances at this time, and we have permitted this amount and greater amounts of fill in other parts of the City. Tyra-Lukens asked if the pads could be moved forward and a variance granted for setback. Post said they looked at moving the pads, but they would still have wetland fill. This proposal does not require variances and meets the other requirements. Tyra-Lukens then asked if the footprint could be made a different shape or angled so the wetland behind Lot 5 would not be affected. Thorfinnson noted we would lose the mitigation, and the landowner could fill the property later. Case thought we might get an environmentally sensitive property owner who would not fill in the property later. Harris noted the Watershed District has said this is acceptable, and they have jurisdiction in this instance. Pauly said the Watershed District is the local governmental unit that makes the determination. Case noted we will be the ones to lose the wetlands. Case asked that the Heritage Preservation Commission be allowed to photograph the fieldstone foundation of the barn on the property. Tyra-Lukens wanted to see something creative done with the building pads so that we don't need to do wetland fill. If the fill is required, she wanted Staff to report back on ways wetland mitigation could be done on City property on parks or open lands. VOTE ON THE MOTION: Motion carried 4-0-1, with Case abstaining. MOTION: Pidcock moved, seconded by Thorfumson, to grant proponent an early CITY COUNCIL MINUTES July 2, 1996 Page 10 grading permit, prior to 2nd reading, at his own risk. Motion carried unanimously. E. EDEN PRAIRIE RETAIL (OFFICE DEPOT) by CSM Corporation. Request for Comprehensive Guide Plan Change from Public to Regional Commercial, Zoning District Change from Public to Commercial Regional Service, Site Plan Review and Preliminary Plat on 4.47 acres. Location: Leona Road and Hwy 169 (Resolution 96-108 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change, and Resolution 96-109 for Preliminary Plat) David Karlan and Gary Tushie, representing proponent, reviewed the project. Tyra-Lukens asked if we are approving the first proposal or the second. Enger said the 2nd drawing is a slight revision of the first one. The proponent purchased a small piece of property from the City and provides a parking easement to the City for the land to the south and east of this. We have agreed to take the NURP pond requirement down to Anderson Lakes because the NURP pond would be a potential maintenance problem. Tyra-Lukens asked why this involves a change in the square footage for the Office Depot building and the retail building. Enger said the purchase of 2500 square feet of land from the City gave them the 20% floor area ratio they needed. Enger said the Planning Commission reviewed the project at their June 24 meeting and recommended approval on a 6-0 vote, per the recommendations of the Staff Report of June 21, 1996. The Parks Commission did not review the proposal. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Public to Commercial Regional Services on 4.19 acres; to adopt Resolution 96-108 for Comprehensive Guide Plan Change from Public to Regional Commercial on 4.19 acres; to adopt Resolution 96-109 for Preliminary Plat Approval of 4.38 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and based on the project as presented in the revised drawing. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES July 2, 1996 Page 11 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD - LIVABLE COMMUNITIES ACTION PLAN Lindahl was available for questions. MOTION: Pidcock moved, seconded by Case, to adopt the Livable Communities Action Plan as developed by the Housing, Transportation and Social Services Board, per the Staff Report of July 2, 1996. Motion carried unanimously. X. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Calls about Raccoons Pidcock said she has received calls from property owners along Hwy. 18 reporting that the large numbers of raccoons in the area are causing a health problem. She asked Staff to investigate and get an action plan to take care of the situation. Jullie said Staff will check into it. B. REPORT OF CITY MANAGER 1. Update on Negotiations for Renewal of Cable TV Franchise Jullie reviewed the memorandum of June 4, 1996, about the cable franchise renewal process. He said the Southwest Suburban Cable Commission has reviewed this language and has recommended approval by its member cities. He said we would set a Public Hearing for August 7, 1996, to formally review the franchise renewal. Tyra-Lukens asked what the renewal period will be. Jullie said it will be 15 years. Tyra Lukens said she is concerned, given discussions regarding telecommunications and the future, about tying us into a 15-year contract without knowing where the City wants to go. Jullie said we will benefit from the early renewal because Paragon is offering to rebuild their plant and to provide fiber cable for a state-of-the-art system. He thought it would blend in nicely with the telecommunications planning. Tyra-Lukens asked how this addressed the right-of-way issues. We are tying it to a specific fee system based on usage typical of 1996. Pidcock noted some of the other providers may not pay anything for our right of way, and she thought this puts us at a competitive edge. CITY COUNCIL MINUTES July 2, 1996 Page 12 Harris noted this is a sizable financial investment for Paragon and allows us to stay current with a state-of-the-art technology. Tyra-Lukens wanted to make sure all the issues have been looked at. MOTION: Pidcock moved, seconded by Thorfinnson, to give preliminary approval of the terms and conditions regarding the major issues involved with the Cable T.V. franchise renewal with Paragon Cable, and to set a Public Hearing for August 6, 1996. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION &FACILITIES D. REPORT OF DIRECTOR OF COMMUNM AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Update on Hwy 212 Toll Road Proposal Relative to item V. E., Dietz said he thought the Watershed District would take the Council's concerns into consideration if we communicated with them prior to their approving a project. Dietz said they have received communications from two sources that indicate a draft agreement for the proposed toll road project should be available on July 1lth so we can begin to review it. MNDoT has scheduled a public informational meeting for July 15th in Chanhassen from 4:00 to 9:00 p.m. He will check the calendars and set an informational public meeting date here subsequent to the open house by MNDoT. Pidcock asked how the public will be notified of the informational meeting. Dietz said last time they took ads out in the newspaper before the meeting. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XIII. AD OUTIR1y = MOTION: Case moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:20 p.m.