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HomeMy WebLinkAboutCity Council - 06/02/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 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 Mayor Harris called the meeting to order at 7:30 p.m. All members were present. PRESENTATION OF EDEN PRAIRIE HISTORICAL TIME LINE PROJECT Councilmember Case introduced four members of his class at Oak Point Intermediate School. The four students presented information about the historical time line they created as a class project this year. They presented the time line to the City of Eden Prairie. Mayor Harris thanked the students on behalf of the citizens of Eden Prairie and suggested it be kept at City Hall in a place where people could come by to see it. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher-Younghans added item XI.A.1. Jullie added item XI.B.1. Update on Storm Damage. MOTION: Thorfmnson moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM Judy Smith, 7129 Ticonderoga Trail, was concerned that the City needs a safety ordinance or law that would cover rotten trees that hangover someone else's property. She has had several discussions with both City Manager Jullie and Stu Fox. She would CITY COUNCIL AGENDA June 2, 1998 Page 2 like to find out if there is such an ordinance and how she could get it enforced to protect her property. City Attorney Pauly said he has had discussions with Jullie and Fox regarding this matter. There is a state procedure which may be available in cases such as this that is designed to eliminate unsafe or unsanitary conditions. They have used this in the past primarily for unsafe buildings. It requires there be a finding that a condition existing on a property is unsafe. An investigation is conducted and opinion is received from an expert staff member. It is then presented to the Council, and the Council at that point can adopt findings concerning the matter and issue an order to remove or remedy the condition. The order must go through the District Court process, and the property owner has an opportunity to be heard in court. The court is the final judge of whether the condition is unsafe. Harris would like to see something that would set forth the issues. Case would like to know if other cities have ordinances. Tyra-Lukens said this issue coincides with the discussions of a group that is meeting regarding exterior home maintenance. There is a State law that applies, and it may be part of our duty to clarify the process people might use to bring forth issues. Jullie said Stu Fox plans to visit the neighbor tomorrow and talk about the process. The extended process is there if we need it. Joan Hohn, 17240 Park Circle, would like the City to adopt a hazardous tree ordinance. She wrote a letter a year ago explaining that the neighbor's tree has fallen and ruined her fence twice. It is a financial burden to come up with the deductible to repair the fence. The neighbor also has a huge maple tree that is cracked and looks dangerous. She feels insecure and would like to have Staff come over and look at the trees. She appreciated the fact that the City has agreed to help clear up the storm damage. M. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 1998 MOTION: Case moved, seconded by Tyra-Lukens, to approve as published the Minutes of the City Council Workshop held Tuesday, May 19, 1998. Motion carried 4-1-0 with Harris abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 1998 Butcher-Younghans said sentence 5, paragraph 3 on page 8 should be changed to "She said the Eden Prairie's Familink coordinator, Nancy Holden, has increased...." MOTION: Tyra Lukens moved, seconded by Case, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, May 19, 1998. Motion carried 4-1-0 with Harris abstaining. CITY COUNCIL AGENDA June 2, 1998 Page 3 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF DISPLAY OF CHAMPIONSHIP BANNERS FOR EDEN PRAIRIE HIGH SCHOOL AND ATHLETIC ASSOCIATION TEAMS AT THE COMMUNITY CENTER C. DEDICATION OF STARING LAKE PLAYGROUND TO THE MEMORY OF PAUL REDPATH D. APPROVAL OF LAND ALTERATION PERMIT FOR MR. ROBIN SMITH, 9765 SKY LANE E. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROJECT FOR PRIDE IN LIVING. INC. (PPL) FOR THE DISPOSAL OF SALABLE ABANDONED PROPERTY COLLECTED BY THE POLICE DEPARTMENT F. AUTHORIZE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH STS CONSULTANTS, LTD. FOR THE 1998 BOG-MONITORING PROGRAM AT THE BEARPATH GOLF AND COUNTY CLUB AT AN ESTIMATED COST OF $11,500 G. APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH KNUTSON CONSTRUCTION COMPANY FOR THE WATER TREATMENT PLANT EXPANSION PROJECT, I.C. 94-5350 H. APPROVE THE RELEASE OF LAND FROM THE AGREEMENT FOR ADDITIONAL CONNECTION CHARGES AGAINST THE PROPERTY IDENTIFIED AS 14-116-22-43-0005 (8511 FRANLO ROAD AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE RELEASE I. APPROVE THE RELEASE OF LAND FROM THE AGREEMENT FOR ADDITIONAL CONNECTION CHARGES AGAINST THE PROPERTY IDENTIFIED AS 14-116-22-43-0002 (8561 FRANLO ROAD) AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE RELEASE J. WELTER'S BROOKHAVEN FARM by Ray Welter, Jr. 2nd Reading of Ordinance 15-98-PUD-11-98 for PUD District Review on 23.45 acres and Zoning District Change from Rural to RM-6.5 on 21.77 acres and Rural to Rl- 13.5 on 1.38 acres and from Rural to R1-9.5 on 0.3 acres. Location: Northeast corner of Homeward Hills Road and Pioneer Trail. (Ordinance 15-98-PUD-11- 98 for PUD District Review and Zoning District Change) CITY COUNCIL AGENDA June 2, 1998 Page 4 K. APPROVE ORDER TO HAVE THE UNSANITARY CONDITION AT 16501 PIONEER TRAIL REMEDIED Harris said she received an explanation of the repairs necessary to correct the conditions for item K. MOTION: Thorfinnson moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. WYNSTONE by Jasper Development. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 6.95 acres, Rezoning from R1-22 to R1-13.5 and RM-6.5 on 9.01 acres, Preliminary Plat on 9.01 acres into 29 lots and Site Plan Review on 6.95 acres. Location: 7102, 7126 &7128 Baker Road. Because of problems with the Planning Commission time line process, Jullie said this needs to go back through the review process. The item will return at the June 16th Council meeting after the appropriate Planning Commission recommendation has been made. City Attorney Rosow advises that the City must do more than communicate a two-week or 30-day continuance, and the hearing must be continued to a certain date. MOTION: Tyra Lukens moved, seconded by Thorfinnson, to continue the Wynstone project to the June 16, 1998 City Council meeting. Motion carried 5-0. B. RIVERVIEW BLUFFS by Laukka-Jarvis, Inc. Request for Planned Unit Development Concept Review on 28.32 acres, Planned Unit Development District Review on 28.32 acres, Zoning District Amendment in the R1-13.5 District on 28.32 acres, and Preliminary Plat of 28.32 acres into 46 lots. Location: Riverview Bluffs. (Resolution 98-104 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 98-105 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on May 21, 1998 in the Eden Prairie News and sent to 74 property owners. This project is an amendment to the approved plan. The approved plan is 63 single family lots at a density of 2.22 units per gross acre. The plat is 45 lots on 28.32 acres at a density of 1.59 units per gross acre. All of the lots meet the frontage and lot size requirement of the R1-13.5 district. Joel Cooper, representing Laukka-Jarvis, reviewed the proposal. Butcher-Younghans asked how they intend for property owners to know the burial mounds exist as time goes by and how do they intend for property owners CITY COUNCIL AGENDA June 2, 1998 Page 5 to protect the mounds. Jarvis replied at the time of final plat there will be individual lot surveys for each of the lots affected by the candidate mound areas, and there will be a buffer area around those. They will establish fences at the buffer line as proposed by the State Archeologist. The surveys will document what those buffer areas are. No grading will be allowed there in perpetuity, and the City will have copies of the surveys. Each buyer will be provided that information along with the builder. He said they will take all the precautions they are required to do. Butcher-Younghans was concerned that property owners will be living so close to a sacred area and they could encroach on the mounds even though there is a recorded document. Case asked what the law permits and what it forbids about such property. Butcher-Younghans understood it is virtually non-touch in such areas. A discussion followed regarding the issue of candidate mound areas on this property. Enger said at its May 11, 1998 meeting, the Planning Commission voted 7-0 to recommend approval of the project, subject to the recommendations of the Staff Report of May 8. Lambert said the Parks, Recreation& Natural Resources Commission voted 5-0 to recommend approval of the project at its May 18, 1998 meeting, subject to the recommendations of the May 8 and May 14 Staff Reports. There were no comments from the audience. Jarvis questioned the recommendation regarding the building materials. Enger said proponent was to submit samples of exterior building materials prior to receiving a building permit. Jarvis said they intend to prepare architectural standards for these homes, but he was confused by this reference to building materials. Enger said this is a requirement that was put in the report by error. MOTION: Butcher-Younghans moved, seconded by Case to close the Public Hearing; to adopt Resolution 98-104 for PUD Concept Review; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the R1-13.5 District on 28.32 acres; to adopt Resolution 98-105 for Preliminary Plat of 28.32 acres into 45 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, except for the recommendation regarding exterior building materials, and with the following Council conditions: 1) Snow fencing to be placed around the mound areas before a grading permit is issued; 2) Documents regarding the properties to carry the information about the mounds on them so that it is passed on from owner to owner; 3) Developer to provide property owners with information about their obligation regarding burial mounds on their property as outlined in State statute. Motion carried 5-0. CITY COUNCIL AGENDA June 2, 1998 Page 6 C. ANCOR COMMUNICATIONS by Hoyt Properties. Request for Planned Unit Development Concept Amendment on 3.76 acres of the overall Technology Park PUD, Planned Unit Development District Review and Zoning District Change from I-2 to Office on 3.76 acres, and Site Plan Review on 3.76 acres. Location: 7765 Golden Triangle Drive. (Resolution 98-106 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) Jullie said the official notice of this Public Hearing was published on May 21, 1998 and mailed to 7 property owners. There have been 3 projects approved on this site since the Technology Park PUD was approved, including a five-story, 58,000 square foot office, a three-story 27,800 square foot office, and a 48,000 square foot office/warehouse. The current proposal is for a thee-story, 50,000 square foot office building. This proposal will require waivers from the Shoreland Code, but there are fewer waivers with less impact than the variances approved for the previous projects. A small amount of wetland alteration is proposed and mitigation is proposed on site. Gary Lally, representing Hoyt properties, reviewed the project. Enger said the Planning Commission voted 7-0 to recommend approval of the project at its May 11, 1998 meeting, subject to the recommendations of the Staff Report of May 8. Lambert said the Parks Commission reviewed the project at their May 18 meeting and, on a 2-3-0 vote, did not recommend approval. The three Commissioners who voted against approval concurred that there were too many variances required and too much impervious surface proposed for the project. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from I-2 to Office on 3.76 acres; to adopt Resolution 98-106 for PUD Concept Amendment on 3.76 acres of the overall Technology Park PUD; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. D. REALIFE VALLEY VIEW COOPERATIVE by Realife, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to High Density Residential on 3.6 acres, Planned Unit Development Concept Review on 7.5 acres, Planned Unit Development District Review on 3.6 acres with waivers, Zoning District Change from Rural to RM-2.5 on 3.6 acres, Site Plan Review on 3.6 acres, Preliminary Plat of 7.5 acres, into 1 lot, 1 outlot, and road right-of-way. Location: South side of Smetana Lane. (Resolution 98-107 for Comprehensive Guide Plan Change, Resolution 98-108 for PUD Concept CITY COUNCIL AGENDA June 2, 1998 Page 7 Review, Ordinance for PUD District Review and Zoning District Change, Resolution 98-109 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on May 21, 1998 in the Eden Prairie News and mailed to 7 property owners. The proposal is for construction of 94 affordable senior apartment units on 3.6 acres of the property at a density of 26 units per acre. The density is necessary to maintain the affordable aspect of the development, and will result in additional Shoreland waivers. He noted the project addresses one of the needs identified by the Senior Issues Task Force for a variety of affordable senior housing opportunities. The Final Report of the Task Force said some flexibility in the zoning codes may be necessary, including the use of higher densities to help maintain affordability. The Realife Valley View Cooperative is a not-for-profit cooperative where the residents are the owners. Bill Griffith, representing Realife, Inc., reviewed the project. Tyra-Lukens asked if this project will be marketed to people age 62 years and older or is that age limit a requirement for the units. Griffith said it is both. Tyra-Lukens then said she liked the project but was concerned about the units including items that would allow people to continue to live there should they become physically challenged at some point. Dick Hansen, representing Realife, Inc., said they have the option of a tub or a shower, and they can choose to make modifications at the time of purchase. There would be no reason for someone to leave the cooperative unless they need extended care. They will have their own transportation system and a full time staff of qualified people who can help inform the residents of what services are available. There will be 24-hour emergency help available. A discussion followed regarding design standards for the units and the changes to City code that might have to be made to meet the standards. Butcher-Younghans asked if there is a double elevator. Griffith said there is. Enger said the Planning Commission voted 7-0 to recommend approval of the project at its May 11, 1998 meeting, subject to the recommendations of the Staff Report of May 8. Lambert said the Parks, Recreation& Natural Resources Commission voted 5-0 to recommend approval of the project at its May 18, 1998 meeting, subject to the recommendations of the Staff Report of May 8. Patricia Kostecka, 10805 Valley View Road, said she lived in that area for 40 years and was very pleased to see a project proposed for the property that will enhance Eden Prairie and provide affordable housing for seniors. CITY COUNCIL AGENDA June 2, 1998 Page 8 As a member of the Senior Issues Task Force, Case noted this is exactly the type of project they talked about at the Senior Issues Task Force meetings. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve lst Reading of the Ordinance for PUD District Review on 3.6 acres with waivers and Zoning District Change from Rural to RM-2.5 on 3.6 acres; to adopt Resolution 98-107 for Comprehensive Guide Plan Change from Low Density Residential to High Density Residential on 3.6 acres; to adopt Resolution 98-108 for PUD Concept Review on 7.5 acres; to adopt Resolution 98-109 for Preliminary Plat of 7.5 acres into 1 lot, 1 outlot and road right-of-way; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a Roll Call Vote with Butcher- Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VH1. PETITIONS. REQUESTS AND COMMUNICATIONS A. REVIEW BOARD OF ADJUSTMENTS & APPEALS #98-06. Consideration of appeal from the Board's decision regarding property at 7170 Bryant Lake Drive Jullie said Mr. Richard Haefele, fee owner, and Ms. Jennifer Coughlin, Solid Foundation's Program Director, have appealed to the City Council for a review of the decision of the Board of Adjustments and Appeals on April 9, 1998, that the non-conforming use of the property located at 7170 Bryant Lake Drive had been abandoned. Jullie referred Councilmembers to the background information relating to this request, including the Staff report of April 2, 1998 and also a memorandum from the City Attorney's office dated February 13, 1998. Richard Haefele, property owner, said he developed the property as a group home about 12 years ago. He was not aware of any problems that occurred during the 12-year period, but he thought there is a disagreement as to whether a group home should be operated in that area. He has three issues: 1. He originally put $300,000 into the property and received letters and confirmations from City Staff that up to October of last year the intended use was within the requirements. CITY COUNCIL AGENDA June 2, 1998 Page 9 2. In December 1997 after entering into a lease with Jennifer Coughlin, he was contacted by a neighbor who was concerned about the use. It was their intent to contact the City and attempt to prevent us from running a group home at that site. City Staff indicated they were investigating the issue. In February the City Attorney issued a letter with findings that the group home which had lost its license to run programs. He continued to pay rent until January of 1995 and in January 1996 contacted a realty company to find another occupant. They tried to find another group home operator because an appraisal of the property showed it was worth 40% more as a group home. The realtor suggested that it be listed as a single family home to try to reach more people. 3. He ended up renting the property to a single family for a period of time while he had leased it to the group home, so the single family rental was a temporary arrangement. He never had any intent of abandoning the group home use. Enger said the Board of Adjustments and Appeals at their April 9, 1998 meeting concurred with Staff's conclusion that the non-conforming use of the property located at 7170 Bryant Lake Drive had been abandoned. He reviewed the findings of fact which were: the non-use of the property since the middle of 1994 for a group home facility; the listing of the property for sale as a single- family residence in April, 1997; and the rental of the property to a single person in August, 1997.. Brad Shied, Mr. Haefele's real estate agent, said the multiple listing effort was to reach out to group home providers that were looking for a large home. The intention was to reach realtors. The commercial listing didn't generate any response. Harris noted the Council has reviewed volumes of material on this item, and the issue is whether the original non-conforming use as a group home has been abandoned. Bob Tandy, representing nearby homeowners, said he didn't think the issue is just abandonment of the non-conforming use. The ordinances are designed to get property back into conforming uses and, in this case, he thought the question is whether the property use was discontinued as a non-conforming use. The property use as a group home and as a duplex was discontinued. Pauly did not agree it is just a question of discontinuance. The concept of abandonment is two-fold--intention to abandon and an act or failure to act from which an inference of that can be drawn. Case thought it is our desire that all of our non-conforming property would be in conformance, and he believes this property was allowed to slide back into CITY COUNCIL AGENDA June 2, 1998 Page 10 conformance. He thought we have been given ample evidence to support that conclusion. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to affirm the decision of the Board of Adjustments &Appeals on April 9, 1998 which determined that the non-conforming use of the property located at 7170 Bryant Lake Drive had been abandoned, and further that the Council's decision is based upon the following findings: 1) The non-use of the property since the middle of 1994 for a group home facility; 2) The listing of the property for sale as a single-family residence in April, 1997; 3) The rental of the property to a single person in August, 1997. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said Southwest Metro has finalized their strategic plan. They are in the process of doing a one-year evaluation of the new Director of Southwest Metro Transit. They have had very encouraging results financially. They are moving ahead with the BFI site and have an extension of the lease on the current site for another month. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Community News Publication Butcher-Younghans thought the publication was very aesthetically appealing and very informative. She thought Staff deserved kudos for a fabulous job. Jullie noted we recently won the Northern Lights Award from the Minnesota Association of Community Planners. B. REPORT OF CITY MANAGER 1. Update on Storm Damage Jullie said last Saturday night's storm did considerable damage to trees in several of the neighborhoods throughout the City. Sixty quite large trees were damaged or destroyed and some of them were hit by lightning. He noted the Weather Service said the damage was caused by straight line winds. Staff activated the Emergency Operation Center at about 11:30 p.m. CITY COUNCIL AGENDA June 2, 1998 Page 11 They called out Public Works crews who were busy all night and all day Sunday removing debris. They reviewed the damage reports on Monday morning and then put together a press release that helped answer a lot of questions. The press release was also posted on the web site. Jullie said this coming Saturday is spring cleanup day so residents will be able to bring debris to the BFI facility. The City will provide assistance starting next Monday for large tree debris. Tree inspectors will meet with homeowners who have major removal efforts. We have also set up a City hot line. Harris thought it is a very well instituted plan. Case said he was concerned about getting this information out since only 1/3 of the residents are hooked up to the net. He asked what else we are doing. Jullie said we went out to the neighborhoods where there is a lot of damage with the press release and it will be in the Eden Prairie News. There was a spot in the Minneapolis paper today that had the phone number of the hot line. 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 Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:10 p.m.