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HomeMy WebLinkAboutCity Council - 05/18/1999 0 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,MAY 18, 1999 7:00 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 Chris Enger,Parks & Recreation Services Director Bob Lambert,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added three temporary liquor licenses to V.A. CLERK'S LICENSE LIST. Enger also added V.J. INTERNATIONAL SCHOOL PHASE 3, CLASSROOMS, and V.K. SET JULY 6, 1999,TO REVIEW MAY 13, 1999,PERKINS VARIANCE REOUEST #99-08,to the Consent Calendar. MOTION: Tyra-Lukens moved,seconded by Case,to approve the Agenda as published and amended. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,MAY 4, 1999 MOTION: Thorfinnson moved, Case seconded,to approve as published the minutes of the City Council/Staff Workshop held Tuesday, May 4, 1999. Case, Thorfinnson, Tyra-Lukens and Harris voted "aye", Butcher-Younghans abstained. Motion carried 4-0. CITY COUNCIL AI NUTES May 18, 1999 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 4, 1999 Case said on page 7,paragraph 3,there should be quotes around the word"road",and Butcher-Younghans said on page 13,paragraph 6,it should read"Case"rather than "Chase." MOTION: Butcher-Younghans moved, Tyra-Lukens seconded, to approve the minutes of the City Council meeting held Tuesday, May 4, 1999, as published and amended. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BEARPATH LOTH ADDITION by Bearpath Limited Partnership. 2'Reading of the Ordinance for PUD District Review on 3.3 acres and Rezoning from RM- 6.5 to R1-13.5 on 3.3 acres. Location: Bearpath Trail. (Ordinance No.5-99— PUD-4-99 District Review and Rezoning) C. EVIMANUEL LUTHERAN CHURCH by Immanuel Lutheran Church. 2nd Reading of the Ordinance for PUD District Review on 6.7 acres with waivers and Zoning District Amendment within the Public Zoning District on 6.7 acres and Adopt the Resolution for Site Plan Review on 6.7 acres. Location: 16515 Luther Way (Ordinance No. 6-99—PUD-5-99 District Review and Zoning District Amendment and Resolution No. 99-64 for Site Plan Review) D. ADOPT RESOLUTION NO. 99-65 APPROVING FINAL PLAT OF BEARPATH TENTH ADDITION E. ADOPT RESOLUTION NO. 99-66 AWARDING CONTRACT FOR SEALCOATING TO PEARSON BROTHERS,INC. C. 99-5479) F. ADOPT RESOLUTION NO. 99-67 AWARDING CONTRACT FOR BITUMINOUS OVERLAYS TO VALLEY PAVING,INC. (I.C. 99-5489) G. ADOPT RESOLUTION NO.99-68 APPROVING CONSTRUCTION PLANS FOR TH 212 STAGE III PROJECT FROM TH 5 NEAR WALLACE ROAD TO CSAH 4 (I.C. 99-5303) H. APPROVE CONTRACT, WITH STATE OF MINNESOTA FOR ICWC PROJECT I. GRANT UTILITY EASEMENT ACROSS OUTLOT A, TECHNOLOGY PARK 4TH ADDITION CITY COUNCIL MINUTES May 18, 1999 Page 3 J. INTERNATIONAL SCHOOL PHASE 3, CLASSROOMS. Td Reading of an Ordinance for Zoning District Amendment in the Public Zoning District on 56 acres, adopt the Resolution for Site Plan Review on 56 acres and approve the Developer's Agreement for International School of Minnesota. (Ordinance No.7-99 for Zoning District Amendment and Resolution No.99-75 for Site Plan Review) K. SET DULY 6, 1999, TO REVIEW MAY 13, 1999, PERKINS VARIANCE REQUEST#99-08. MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve items A-K on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGSIMEETINGS A. HALLETT ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 18.84 acres,Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 18.84 acres with waivers and Preliminary Plat of 21.09 acres into 32 lots,3 outlots and road right-of- way. Location: South of Pioneer Trail at Braxton Drive,north of Cedarcrest Drive. (Resolution No. 99-69 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution No. 99-70 for Preliminary Plat) Enger said official notice of this Public Hearing was published on April 22, 1999,in the Eden Prairie News and sent to 92 property owners. He asked the proponent to proceed with the presentation. Dan Blake of Centex Homes explained the Hallett Addition has 21 acres,bounded on the north by Pioneer Trail. Riley Ridge subdivision is east of the property and to the west is the Cedar Forest development. They are proposing to plat 32 single- family lots. Sewer and water will be connected to the lots. Staff has requested that Outlots A and B be eliminated, and that the developer sign a special assessment agreement for the future lift station. Blake asked Staff to put a time line on this agreement. Blake understands Staff will be doing a feasibility study of the system, but once the waiver is signed it becomes difficult for them to limit their exposure for an increase in the assessments. Case asked what the developer would do with the outlots if they are removed from the plan. Blake said they would be blended into the other lots. Franzen said the Planning Commission reviewed this project at its April 12 meeting and voted to recommend approval to the City Council. Lambert said the Parks and Recreation Commission voted 6-0 to recommend approval of the project. He has since had discussions among Staff and they CITY COUNCIL MINUTES May 18, 1999 Page 4 recommend putting sidewalks in. This is consistent with what the City does in any subdivision. It will be a Council decision,however. Dietz asked Blake if the drainage and utility easement issues have been resolved in the past two weeks. Blake responded the storm sewer issue has been resolved and he believes the sanitary sewer issue will be resolved. Al Gray, City Engineer, addressed the special assessment agreement for the lift station. This developer would be able to use the same temporary lift station that will be used for the Hustad subdivision on Riley Creek Ridge, which allows them to proceed with that project. Gray assumed Centex would enter into an assessment agreement with the City to share the cost of the new lift station when it is built. A feasibility study has been authorized by the City to consider a lift station and sanitary sewer west and southwest of the airport. A draft report is expected to be ready for review with the area's property owners by mid- to late-summer, and preliminary costs should be available then. All property owners would be expected to share the costs of this lift station when it is built. Dietz said this will be taken into account, and Staff will try to come up with some firm figures for these projects to establish an upper-level cap so developers know what they are getting into. Mayor Harris asked what is the future of Outlot C. Blake responded the sewer that exists there today is not big enough to serve Outlot C, so it is being removed from the project. It was left in Rural District zoning and may be subdivided in the future. MOTION: Moved by Butcher-Younghans, seconded by Tyra-Lukens,to close the Public Hearing; and adopt Resolution No. 99-69 for PUD Concept Review on 18.84 acres; and approve 1" Reading of the Ordinance for Planned Unit Development District Review on 18.84 acres and Zoning District Change from Rural to R1-13.5 on 18.84 acres with waivers; and adopt Resolution No. 99-70 for Preliminary Plat of 21.09 acres into 32 lots, 1 outlot and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Commission,Staff and Council conditions. Council conditions are to eliminate Outlots A and B,to add sidewalks, and for Staff work with Proponent on a cap for special assessments in a timely fashion. Motion carried 5-0. B. ADC TELECOMMUNICATIONS by ADC Telecommunications. Request for Planned Unit Development Concept Review on 91.03 acres, Planned Unit Development District Review with waivers on 91.03 acres,Rezoning from Rural to I-5 Industrial on 91.03 acres,Preliminary Plat on 91.03 acres and Site Plan Review on 91.03 acres and AUAR Review on 91.03 acres. Location: South of Technology Drive and east of Mitchell Road (Resolution No.99-71 for PUD Concept Review, Ordinance for PUD District Review and Rezoning, Resolution No. 99-72 for Preliminary Plat, and Resolution No. 99-76 for AUAR Review) CITY COUNCIL MINUTES May 18, 1999 Page 5 Enger said official notice of the Public Hearing was published on May 6, 1999,in the Eden Prairie News and sent to 145 property owners. Wayne Stewart, Corporate Vice President of Operations for ADC Communications, explained the reason for the company's proposal to develop a world corporate headquarters and technology campus in Eden Prairie. It is a Minnesota-based company currently using a number of locations in Minnetonka. The company has been growing at the rate of over 20 percent a year, with $1.7 billion in sales worldwide. They operate in 17 different countries and also in major sites across the United States. The plan has three phases. Phase one is 430,000 square feet in three buildings and a parking garage. Phase two is 150,000 square feet. Phase three is 600,000 square feet. The company has been working with City Staff and residents of the community and incorporating their concerns, such as screening from neighbors. The TDM plan has not been finalized. Bob Riesselman,ADC Project Manager, said the company started design planning of this project in 1988. Phase one will accommodate about 1200 employees. Phase two will be completed in two or three years and will accommodate about 400 employees. Phase three is not completely defined. The company would like to begin construction on phase one as soon as possible. Monos Ginis, the Architect for the project, said the design is very unique and maintains the present environment as much as possible. The design for phase one is basically glass, brick, steel and aluminum. All buildings in the complex will be interconnected with skyways. Franzen said this project was reviewed by the Planning Commission in January. At that meeting a concept plan was presented and issues regarding land use,waivers, traffic, wetlands, buffers, and environmental review were discussed. The Commission directed Staff and the developer to proceed with the development and review of detailed plans and to work with interested residents about the project. ADC held neighborhood meetings before returning to the Planning Commission on April 26. The Commission voted 6-0 to recommend that the City Council approve the plans with waivers for building setback to Technology Drive, increase in allowable office use,building height, and parking space dimensions in the parking deck. Lambert said the Parks and Recreation Committee reviewed the project at its May 3 meeting and recommended approval on a 6-0 vote. The Commission had no problem with the 6-foot trails,but on the south side along Technology Drive there should be 8-foot trails,which will be maintained by the City. Butcher-Younghans said she did not see a response letter to Mn/DOT's concerns about underestimation of trips generated and overestimation of TDM strategies. CITY COUNCIL MINUTES May 18, 1999 Page 6 Franzen responded by saying the City hired a consultant to prepare the alternative urban area review and hired BRW to analyze the traffic impacts and tell Staff if the information it had from ADC was accurate. Staff communicated this information back to Mn/DOT, and BRW prepared the response on traffic numbers and responded to Mn/DOT directly so they would be confident the numbers were accurate. Thorfinnson said the I-494 Corridor Commission consultant has had an opportunity to review the TDM plan. There are some details lacking and he would like ADC to accomplish that before the second reading. The Commission is leaning more toward a Traffic Management Association(TMA)of businesses. Thorfinnson would like to see ADC commit to becoming a charter member of the TMA that would eventually be established as a private association of businesses working together. Tyra-Lukens referenced the widening of Technology Drive. The Staff report says there is no need to widen it for phase one, but subsequently may need to widen it. She inquired if it might be necessary to widen it prior to moving into phases two and three. Enger stated the City is now expecting that expansion of Technology Drive will occur at the same time as the construction of phase one. ADC is working with staff to accomplish this. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the Public Hearing; and adopt Resolution No. 99-71 for PUD Concept Review on 91.03 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers and Rezoning from Rural to I-5 Industrial on 91.03 acres; and adopt Resolution No. 99-72 for Preliminary Plat on 91.03 acres into one lot; and adopt Resolution No. 99-76 for Alternative Urban Area-wide Review on 91.03 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, reference letter to ADC dated May 11, 1999; and the Council conditions relating to a TDM Plan and the TMA before the 2nd Reading. Tyra-Lukens inquired if the issue of Cash Park Fees had been resolved. Enger replied it has, and there will not be park fees on this project. Motion carried 5-0. Mayor Harris pointed out that ADC has requested permission to receive an early grading permit. MOTION: Thorfinnson moved,seconded by Case,to grant an early grading permit to ADC Telecommunications to proceed with construction at their own risk,subject to receipt of an Indirect Source Permit. Motion carried 5-0. CITY COUNCIL MINUTES May 18, 1999 Page 7 C. PILLSBURY ADDITION by Pillsbury. Request for Planned Unit Development Concept Review on 8.25 acres,Planned Unit Development District Review on 8.25 acres with waivers,Zoning District Amendment in the I-2 Zoning District on 8.25 acres,Preliminary Plat of 8.25 acres into 1 lot and road right-of-way and Site Plan Review on 8.25 acres. Location:Northwest comer of Highway 5 and Mitchell Road. (Resolution No. 99-73 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 99-74 for Preliminary Plat) Enger said official notice of this Public Hearing was published on May 6, 1999,in the Eden Prairie News and sent to 22 property owners. He asked the proponent to present the proposal. Gary Gandrud,Faegre&Benson, 90 South 7'Street,Minneapolis,spoke on behalf of the Pillsbury Company. He said this project is to relocate parking affected by the construction of T.H. 212 and for a 23,000-square-foot expansion to the existing building. The construction of T.H. 212 caused the loss of 68 parking stalls. Construction of temporary off-site parking and truck staging area is currently taking place. Wayne Jeske reported that the project would be done in two phases. The first phase will be construction of a temporary parking lot on the west side of the building and a truck staging area on the northwest side of the building, to get semi-trailers off Martin Drive. There will also be major landscaping,using trees to screen the loading dock and parking lot. Phase two will involve redoing the parking lot and creating new parking areas, as well as additional landscaping to screen parking from T.H. 5. The company is asking Council for conceptual approval of the site plan at this time. Franzen said the Planning Commission recommended approval of the project by a vote of 6-0 at their April 26 meeting. Mayor Harris asked if anyone in the audience wished to address the Council. Richard Kresch, owner of property with a health care facility on Martin Drive, expressed concern that there would be an increase in noise levels or disruptions for the health care facility. Mike Nordstrom,Vice President of Operations for the Pillsbury Company,responded that all the changes taking place started about two years ago. The use of the property will not change. With the new staging area,semis that arrive prior to their appointed time can move off Martin Drive and onto the property. MOTION: Case moved,seconded by Tyra-Lukens,to close the Public Hearing; and adopt Resolution No. 99-73 for PUD Concept Review on 8.25 acres; and approve l' Reading of the Ordinance for PUD District Review with waivers on 8.25 acres and Zoning District Amendment in the I-2 Zoning District on 8.25 acres; and adopt CITY COUNCIL MINUTES May 18, 1999 Page 8 Resolution No. 99-74 for Preliminary Plat of 8.25 acres into one lot and road right- of-way; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. VH. PAYMENT OF CLAIMS MOTION: Thorfinnson moved,seconded by Tyra-Lukens,to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Butcher- Younghans, Case,Thorfinnson,Tyra-Lukens and Harris voting"aye." VHI. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION M. APPOINTMENTS MI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Y2K Report Uram gave the background of the Y2K problem and how it relates to Eden Prairie in provision of essential and other City services,public education,and Y2K preparedness. 1. Essential and other City Services. The City has direct control over public safety,utilities,transportation systems, and external vendors and suppliers to the City. (A) Public Safety • 911 switch and dispatch radio consoles are compliant. • Hand-held and portable radios are compliant. • Emergency response vehicles are compliant. 9 Ongoing testing with HCMC is taking place. CITY COUNCIL AlE UTES May 18, 1999 Page 9 (B) Utilities • Honeywell audit of Water Treatment Plant is completed. • Nearly all date-sensitive equipment is compliant. • Staff is prepared to operate water system manually. (C) Transportation Systems • Traffic signals operate on 100-year clock. Worst-case scenario:lights would go into"conflict mode"and flash red- red or red-yellow. • Advanced Traffic Management is currently being tested for compliance(ramp meters and cameras). • Vehicles area compliant — snowplowing and street maintenance vehicles. (D) External Vendors and Suppliers • AT&T- systems testing completed • U.S. West is still testing • Minnegasco—systems testing completed • NSP will be 100% completed by 6/30/99 due to Nuclear Regulatory Commission guidelines 2. Non-Critical Systems (A) PCs and software are compliant. (B) LOGIS business applications are compliant. (C) City Center systems are compliant. • elevator compliance needs to be confirmed. (D) Most Community Center systems are compliant. • swimming pool chemical controller needs new chip (scheduled) • pool air-handling unit(new unit-need confirmation) (E) Liquor Enterprise systems are compliant. 3. Next Steps (A) Y2K Managers meeting (B) "Year 2000 Preparedness"Plan • Communication -Web Site updates - Community News -work with local media -Y2K information presence at all community events -neighborhood watch groups will hand out flyers -employee communication CITY COUNCIL NIINUTES May 18, 1999 Page 10 (C) Implementation • Internal assessment • External assessment • Contingency planning Clark explained the Incident Management System under the following headings. 4. Incident Management System (A) Utilize Public Safety Incident Command System (B) Emergency Operations Plan (C) Identify command structure, areas of responsibility and accountability Clark said the problems the City will address are most likely problems outside of the control of the City, as Staff is quite confident the City's systems will work. The City will also have plans in place to deal with the problems of fear and perceptions. Essential staff will be working on site December 31 to deal with any problems. After letting the community know the City has checked all its systems and upgraded as needed,the next step is to ask the community to be prepared,to check their burglar alarms, fire alarms, etc. In addition, business will have to be sure their heating systems are going to work accurately, etc. They need to find out from the vendors of those systems if they are Y2K compliant. Case attended a conference on Y2K when the issue of computers having been set to run a test on 9/9/99 was discussed. He inquired if the City expects any problems on September 9, 1999. Uram replied he understands this is a situation programmed into the software and may cause something else within the system to delete records or some other function. Staff has talked about how to address the issue if anything comes up, although no problems are expected. Enger said the League of Minnesota Cities' Web site is under the"Minnesota Y210" site, and has good information on all the dates that may cause problems. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY MM. OTHER BUSINESS CITY COUNCIL AMINUTES May 18, 1999 Page 11 A. VACATION TIME AND WORKSHOP SCHEDULE Enger asked Counci -members to send him a memo indicating vacations they have planned this summer. Workshop Schedule: July 6 - Flying Cloud Noise Mitigation Report - Riley/Purgatory Creek Watershed District Report July 20- Update on Board and Commission Restructure B. COUNCIL FORUM INVITATION Mayor Harris said the Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Case moved,Thorfinnson seconded,adjournment of the meeting. Mayor Hams adjourned the meeting at 8:40 p.m.