HomeMy WebLinkAboutCity Council - 05/19/1998 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 199 1998 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans,
Ronald Case, Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Natural Resources Bob Lambert,
Director of Public Works Eugene Dietz, City
Attorney Roger Pauly, and Council Recorder
Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Acting Mayor Tyra-Lukens called the meeting to order at 7:30 p.m. Mayor Harris was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added item IV. O. EIGHTEEN SCREEN MOVIE THEATER. He noted there
are amended resolutions relating to the Comprehensive Guide Plan action on Public
Hearing items A, B and C. Jullie said item XI.B.2. should be deleted from tonight's
agenda, noting that it will be considered at a future meeting. Case added item XI.A.2.
Status of Underground Power Lines on County Road 4. Butcher-Younghans added
item XI.A.3. Report on Program at SheRPA. Jullie said item XI.A.1. should be
deleted.
MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Agenda as
published and amended. Motion carried 4-0.
H. OPEN PODIUM
M. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1998
Butcher-Younghans said paragraph 6 on page 13 should be changed to "...she
was on a Commission..." Case said sentence 4, paragraph 1, page 15 should
be changed to "...to offer modem access at this time." Tyra-Lukens said the
spelling in sentence 3, paragraph 4, page 15 should be "Stovring", and sentence
5 should be changed to "The caller was concerned..."
CITY COUNCIL MINUTES
May 19, 1998
Page 2
MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as
published and amended the Minutes of the City Council Meeting held Tuesday,
May 5, 1998. Motion carried 4-0.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE ARCHITECT TO DESIGN FIRE STATION REPLACEMENT
C. ADOPT RESOLUTION 98-90 APPROVING FINAL PLAT FOR OFFICE
RIDGE CIRCLE
D. ADOPT RESOLUTION 98-91 APPROVING FINAL PLAT FOR MAPLE
ADDITION
E. APPROVE NSP SERVICE CONTRACTS FOR STREET LIGHTS ON
DELL ROAD
F. APPROVE NSP SERVICE CONTRACT FOR STREET LIGHTS ON
EDEN PRAIRIE ROAD - PIONEER TRAIL TO TERREY PINE DRIVE
G. ADOPT RESOLUTION 98-92 APPROVING CONSTRUCTION AND
OPERATION AGREEMENT WITH]HENNEPIN COUNTY FOR
TEMPORARY TRAFFIC SIGNALS AT CSAH 39 (VALLEY VIEW
ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C. 97-5447
H. ADOPT RESOLUTION 98-93 APPROVING TRAFFIC CONTROL
SIGNAL AGREEMENT WITH MnDOT FOR TEMPORARY SIGNALS
AT CSAH 39 (VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW
ROAD, I.C. 97-5447
I. ADOPT RESOLUTION 98-94 AWARDING CONTRACT FOR
INSTALLATION OF TEMPORARY TRAFFIC SIGNALS AT CSAH 39
(VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C.
97-5447
J. APPROVE REQUEST FOR EARLY GRADING PERMIT FOR
SETTLERS RIDGE
K. OFFICE RIDGE CIRCLE DEVELOPMENT by Oppidan Inc. 2nd Reading
of the Ordinance for PUD District Review on 2.76 acres and Zoning District
Amendment within the Office Zoning District on 2.76 acres and Adopt the
Resolution for Site Plan Review on 2.76 acres. Location: Valley View and
Office Ridge Circle (Ordinance 11-98-PUD-8-98 for PUD District Review
and Zoning District Amendment and Resolution 98-95 for Site Plan Review)
CITY COUNCIL MINUTES
May 19, 1998
Page 3
L. 497 BFI REZONING- SPRINT TOWER by BFI/Sprint. 2nd Reading of the
Ordinance for Zoning District Change from Rural to I-2 on 9.5 acres and Adopt
the Resolution for Site Plan Review on 9.5 acres. Location: 9813 Flying Cloud
Drive (Ordinance 14-98 for Zoning District Change and Resolution 98-96 for
Site Plan Review)
M. GERRING CAR WASH- REZONING by Gerring Properties. 2nd Reading
of the Ordinance for PUD District Review on 3.76 acres and Rezoning from
Rural to Community Commercial on 2.5 acres and Adopt the Resolution for Site
Plan Review on 3.76 acres. Location: Hwy 212 and Aztec Drive (Ordinance
12-98-PUD-9-98 for PUD District Review and Rezoning and Resolution 98-
97 for Site Plan Review)
N. ADOPT RESOLUTION 98-98 RELATING TO A HEALTH CARE
FACILITIES REVENUE REFUNDING BOND FINANCING FOR
CASTLE RIDGE CARE CENTER, INC.. CITY OF EDEN PRAIRIE,
MINNESOTA (the `City"),
O. EIGHTEEN SCREEN MOVIE THEATER by General Growth. 2nd Reading
of Ordinance for PUD District Review on 10 acres and Zoning District
Amendment in the Commercial Regional District on 10 acres and Adopt
Resolution approving Site Plan Review on 10 acres and Adopt Resolution
approving Developer's Agreement. (Ordinance 13-98-PUD-10-98 for PUD
District Review and Zoning District Amendment, Resolution 98-89 for Site
Plan Review and Resolution approving Developer's Agreement)
MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-
O on the Consent Calendar. Motion carried 4-0.
V. PUBLIC HEARINGS
A. CHARLSON PROPERTY by Lynn Charlson. Request for Comprehensive
Guide Plan Change from Low Density Residential and Public Open
Space/Park/Floodplain to Low Density Residential, Medium Density Residential
and Office on 440 acres. Location: South of Pioneer Trail (Resolution 98-99
for Comprehensive Guide Plan Change)
Jullie said the official notice of this Public Hearing was published May 7, 1998
in the Eden Prairie News and mailed to 227 property owners. He said there is
one set of plans which includes the Charlson, Brown and Standal proposals.
This project is a change in land use to provide compatible land uses next to
existing single family homes west of Eden Prairie Road and adjacent to the
airport. The land use plan shows church and low density residential adjacent to
Eden Prairie Road. Office is proposed adjacent to the airport.
CITY COUNCIL MINUTES
May 19, 1998
Page 4
The March 1998 traffic study by Benshoff and Associates indicates that a total
of 10,946 daily trips can be allocated to the Charlson, Standal and Brown
properties without requiring road improvements outside of the properties. Since
the proposed land use plan is a mixture of land uses, the type and intensity of
development related to traffic should be based on daily trips per acre. After
subtracting out the church (450 daily trips), the airport, and open space, the net
276.8 acres can share 10,496 trips or 37.91 trips per acre. The 241 acres of the
Charlson property would be allocated 9,138.5 daily trips.
John Uban, Planning Consultant, reviewed the proposal for approximately 500
acres and the proposed uses for the three properties.
Enger said the Planning Commission voted 7-0 to recommend approval at their
April 27, 1998 meeting, subject to the recommendations of the Staff Report of
April 24.
Lambert said the Parks Commission voted 6-0 to recommend approval at their
May 5, 1998 meeting, subject to the recommendations of the Staff Report. He
said they recommended that the public open space designation be crosshatched
on the salmon-colored areas of the guide plan and that there be a road
connection between Spring Road and Eden Prairie Road with a right-in and
right-out connection with Highway 212 and Eden Prairie Road.
Tyra-Lukens said the baseline trip figures for the traffic studies have several
different scenarios and, since the approval tonight is for conceptual approval,
will we run into any kind of problem regarding density surplus issues? Enger
said we will have to deal with that as we go. Tyra-Lukens then asked if we will
deal with specific developments on the site. Enger said we will.
Dean Edstrom, 10133 Eden Prairie Road, was concerned that they were not
contacted by either the City or the developer regarding the proposed road
connection. He said it looks like the alignment shown is totally impossible. He
thought the Council might be taking action precipitously with these kinds of
issues outstanding.
Case asked Dietz if the intent of putting the road on this schematic is to clear up
a dangerous situation at Highway 212 and Eden Prairie Road and not to help the
connections on this property. Dietz said we are talking about limiting access to
Eden Prairie Road and give a transportation pattern between Eden Prairie Road
and Spring Road.
Gray said the connecting road will help them maintain the function of Eden
Prairie Road as a neighborhood collector. If we could disconnect the Eden
Prairie Road and Hwy 212 intersection in the future we could eliminate its use
as an alternative to Spring Road.
CITY COUNCIL MINUTES
May 19, 1998
Page 5
Case asked if they could rule out that the connector should not be made through
the Charlson property only. Gray said there appear to be some feasible
arguments for that but we need to put the connection into the design so there is a
commitment on the part of the developer.
MOTION: Case moved, seconded by Thorfinnson, to close the Public
Hearing; to adopt the amended Resolution for Comprehensive Guide Plan
Change from Low Density Residential and Public Open Space/Park/Floodplain
to Low Density Residential, Medium Density Residential and Office on 440
acres; and to direct Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried 4-0.
B. BROWN PROPERTY by David Brown. Request for Comprehensive Guide
Plan Change from Low Density Residential and Public Open Space/Park/
Floodplain to Medium Density Residential and Office on 11.4 acres. Location:
South of Pioneer Trail, east of Eden Prairie Road and north of Highway
169/212. (Resolution 98-100 for Comprehensive Guide Plan Change)
Enger said the Planning Commission voted 7-0 to recommend approval at their
April 27, 1998 meeting, subject to the recommendations of the Staff Report of
April 24.
Lambert said the Parks Commission voted 6-0 to recommend approval at their
May 5, 1998 meeting, subject to the recommendations of the Staff Report.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the
Public Hearing; to adopt the amended Resolution 98-100 for Comprehensive
Guide Plan Change from Low Density Residential and Public Open
Space/Park/Floodplain to Medium Density Residential and Office on 11.4 acres;
and to direct Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried 4-0.
C. STANDAL PROPERTY by Carol and John Standal. Request for
Comprehensive Guide Plan Change from Low Density Residential and Public
Open Space/Park/Floodplain to Medium Density Residential and Office on 24.4
acres. Location: South of Pioneer Trail, east of Eden Prairie Road and north of
Highway 169/212. (Resolution 98-101 for Comprehensive Guide Plan
Change)
Enger said the Planning Commission voted 7-0 to recommend approval at their
April27, 1998 meeting, subject to the recommendations of the Staff Report of
April 24.
Lambert said the Parks Commission voted 6-0 to recommend approval at their
May 5, 1998 meeting, subject to the recommendations of the Staff Report.
CITY COUNCIL MINUTES
May 19, 1998
Page 6
MOTION: Butcher-Younghans moved, seconded by Case, to close the Public
Hearing; to adopt the amended Resolution for Comprehensive Guide Plan
Change from Low Density Residential and Public Open Space/Park/Floodplain
to Medium Density Residential and Office on 24.4 acres; and to direct Staff to
prepare a Development Agreement incorporating Commission and Staff
recommendations. Motion carried 4-0.
D. HTG BUILDING by James R. Grover. Request for Comprehensive Guide
Plan Change from Low Density Residential to Office on .86 acres, Rezoning
from Rural to Office on .86 acres, Site Plan Review on .86 acres and
Preliminary Plat of .86 acres into one lot. Location: 9300 and 9310 Hennepin
Town Road. (Resolution 98-102 for Comprehensive Guide Plan Change,
Ordinance for Zoning District Change and Resolution 98-103 for
Preliminary Plat)
Jullie said the official notice of this Public Hearing was published on May 5,
1998 in the Eden Prairie News and mailed to 26 property owners. The proposal
is for construction of a single-story, 4,200 square foot office building on 0.86
acres. The project will require a change to the guide plan from Low Density
Residential to Office. Plan revisions have taken place to shift the building and
parking to the east, and to add large conifers on the back side of the site based
on the staff report and Planning Commission recommendations.
Jim Grover, architect, reviewed the proposal. He said they have met with
neighbors and with staff to present the proposal.
Case asked if there is any provision for the neighbors to work with the
developer as the project goes along to help mitigate the effects on the
neighborhood. Grover said they worked with the neighbors to double the
number of evergreens in the area on the west side of the property to provide
better screening.
Enger said the Planning Commission voted unanimously to approve the project
at its April 27, 1998 meeting based on an easterly shift of the building and
parking, and additional larger conifers. He said the shift in parking to a 17.5
foot setback from Hennepin Town Road will require a variance from the Board
of Adjustments and Appeals at its June 11, 1998 meeting. The Parks,
Recreation&Natural Resources Commission did not review this project.
There were no comments from the audience.
MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the
Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from
Rural to Office on .86 acres; to adopt the Resolution 98-102 for Comprehensive
Guide Plan Change from Low Density Residential to Office on .86 acres; to
adopt the Resolution 98-103 for Preliminary Plat into one lot; and to direct Staff
CITY COUNCIL MINUTES
May 19, 1998
Page 7
to prepare a Development Agreement incorporating Commission and Staff
recommendations. Motion carried 4-0.
E. FULLER ROAD BUSINESS CENTER by Mount Properties. Request for
Planned Unit Development Concept Review on 7.02 acres, Planned Unit
Development District Review on 7.02 acres, Rezoning from I-General to I-2
Industrial on 7.02 acres and Site Plan Review on 7.02 acres. Location: 7905
Fuller Road. (Resolution 98-88 for PUD Concept Review, Ordinance for
PUD District Review and Rezoning)
Jullie said the official notice of this Public Hearing was published May 5, 1998
in the Eden Prairie News and mailed to 18 property owners. This is a 74,000
square foot industrial building which meets City requirements.
Bob Soffelt, representing Mount Properties, reviewed the project.
Enger said the Planning Commission voted 7-0 to recommend approval of the
project at its April 27, 1998 meeting, subject to the recommendations of the
Staff report of April 24.
Lambert said the Parks, Recreation&Natural Resources Commission voted 6-0
to approve the project at its May 5, 1998 meeting, subject to the recommenda-
tions of the Staff Reports of April 24 and April 28. He noted that some of the
Commissioners would prefer to replace the cottonwood trees with a similar type
tree.
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing;
to adopt the Resolution 98-88 for PUD Concept Review on 7.02 acres; to
approve 1st Reading of the Ordinance for PUD District Review on 7.02 acres
and Rezoning from I-General to I-2 Industrial on 7.02 acres; and to direct Staff
to prepare a Development Agreement incorporating Commission and Staff
recommendations. Motion carried 4-0.
VI. PAYMENT OF CLAIMS
Case asked about the licenses and taxes item for the Douglas/More house. He was
concerned that the taxes were more than$91,000 according to that item. Julie thought
that was just one of several parcels included in that line item; however, he will verify
that and get back to Councilmember Case.
MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case,
Thorfinnson, and Tyra-Lukens voting "aye."
CITY COUNCIL MINUTES
May 19, 1998
Page 8
VIL ORDINANCES AND RESOLUTIONS
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION- Budffet
Outline for Surcharge Monies
Dietz reviewed the recommendations of the Environmental &Waste
Management Commission for spending the $50,000 portion of the surcharge
monies that will be set aside for educational purposes. He said the grants and
scholarships would have to come back to the Council for specific approval to be
sure they meet the letter of the law.
Case asked if we will spend this only if the $50,000 is available. Dietz said the
budget is based on last year's revenue.
Thorfinnson asked if they will be included in the General Fund budget. Dietz
said it will be a line item in the utilities section.
MOTION: Case moved, seconded by Butcher-Younghans, to approve the
budget proposed by the Environmental &Waste Management Commission for
the $50,000 set aside for environmental programs as per the Staff Agenda
Report of May 19, 1998, subject to review of the scholarships and grants by the
City Attorney and the City Council. Motion carried 4-0.
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Appointment of Budget Team Members
(Item deleted.)
2. Status of Underground Power Lines on County Road 4
Case asked about the status of putting the power lines on County Road 4
underground. Dietz said we have a contract with NSP to do that. He
noted there will be a lot of moving and temporary power lines put in
place before they do that. Dietz said they have solicited the opinion of
various residents whether they would like to put their service
underground but there were no takers.
CITY COUNCIL MINUTES
May 19, 1998
Page 9
3. Report on SheRPA
Butcher-Younghans said there have been some changes recently in the
SheRPA organization. They have taken a new name, Familink. The
Eden Prairie Community Resource Center will be called Familink, Eden
Prairie. This will help eliminate confusion because of the name. She
said the Eden Prairie's Familink Coordinator, Nancy Holden, has
increased her hours in order to handle the Welfare-to-Work initiatives.
They received a State grant for funding of the additional hours.
B. REPORT OF CITY MANAGER
1. Approve Revised List of Council Workshops
Jullie said the workshops without subjects listed are just to reserve the
time slots and could be eliminated if they are not needed. He noted that
the July Budget workshop was moved to August 18. Thorfinnson noted
we also moved the 2001 update to June 16.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the
meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at
8:20 p.m.