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HomeMy WebLinkAboutCity Council - 01/16/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 16, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Joseph Nyland and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. PROCLAMATION DESIGNATING JANUARY FOR RECOGNITION OF DR. MARTIN LUTHER KING,JR. Young read the Proclamation and Manifesto. Cari Maguire, Chair of the Human Rights and Diversity Commission, invited nominations for the annual Human Rights awards which are given to an individual, a nonprofit, a business, and a youth. The Chamber of Commerce has taken over the Jean Harris scholarship. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an item to report regarding the I-494 corridor transitway. Young added two items to Reports of Councilmembers. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 2, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES January 16, 2007 Page 2 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-13 PERTAINING TO EXPENDITURE OF CITY FUNDS C. AWARD BID FOR CONSTRUCTION OF THE PURGATORY CREEK RECREATION AREA BOARDWALK OVERLOOK TO SUNRAM CONSTRUCTION INC. D. ADOPT RESOLUTION NO. 2007-14 AMENDING RESOLUTION NO. 2007-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 E. AUTHORIZE AGREEMENT WITH CBIZ FOR EMPLOYEE BENEFIT CONSULTING SERVICES MOTION: Butcher moved, seconded by Aho, to approve Items A-E on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES (Ordinance for Amending Chapter 11) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current. This is a continued item from the December 4, 2006 meeting. The proposed text amendments are related to creating a zoning district called Golf Course. This district and other amendments relative to golf course would be applicable to Bent Creek, Glen Lake Golf Course, Bearpath, and Olympic Hills. The attached letter from Rodney D. Hardy asked the City to consider amendments to the proposed ordinance related to parking,permitted uses, seasonal housing, and rebuilding. The Planning Commission directed staff to recommend appropriate language for additional uses to be added to the amendment. The draft ordinance was changed to include "croquet, lawn bowling,platform tennis, cross country skiing, snow shoeing, ice skating and other passive recreational activities with non-motorized use, provided however motorized golf carts are permitted." The Planning Commission, at the November 13, 2006 meeting, voted 6-0 to recommend approval of the an ordinance of the City of Eden Prairie Minnesota amending City Code chapter 11, Sections 11.03, Subd LA, Subd. 2.B., tables 4 and 5, Subd, 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd 4. CITY COUNCIL MINUTES January 16, 2007 Page 3 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Section 11.99, which among other things contain penalty provisions. Young said each person's public input on the hearings would be limited to fifteen minutes to allow all to speak. Bruce Malkerson, attorney for the owners of Bent Creek Golf Course, asked for confirmation that this item only changes the ordinance but does not apply it to Bent Creek. Neal confirmed this. MOTION: Aho moved, seconded by Butcher, to Close the Public Hearing and approve 1 st Reading of the Ordinance for Amending Chapter 11 of the City Code relative to golf courses. Motion carried 5-0. B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres, Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Resolution No. 2007-15 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 823 property owners. This is a continued item from the December 4, 2006, meeting. The Met Council approved the text amendment to add "golf course" as a land use on January 8, 2007. The existing golf course is guided Public/Quasi Public. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have lsr and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. To apply the ordinance, tonight's task is to take action on the guide plan if desired and continue the public hearing so that rezoning can be addressed at the first meeting in February. Bruce Malkerson, attorney for the owners of Bent Creek, objected to restriction of his time, saying he had important facts, new information and points of law to share. Tonight's action essentially rezones the property as the rezoning must promptly follow the reguiding under law. The other golf courses are not substantially protesting the reguiding. Two of them already have conservation easements with similar restrictions on development, and the other is a government-owned property. Different issues apply at Bent Creek. The owner intends to sue if the property is reguided because of the decrease in value of the CITY COUNCIL MINUTES January 16, 2007 Page 4 property and his belief that the action is illegal. Malkerson questioned whether the City had obtained a legal opinion on the reguiding since he had been unable to obtain a copy. He said voting on the reguiding tonight would show disregard for the legal issues and demonstrate predetermination. Malkerson stated the owner proposes to manage a transition to reuse of the property that partially reflects the adjacent development. This is a compromise position as developing the property the same as the adjacent development would be very lucrative. Malkerson stated proceeding to legal action would be risky for neighbors. If the owner wins and the court says to zone the property to conform with surrounding development, the development will be much denser than the current proposal. If the City wins, the golf course could close and become overgrown and boarded up since it has lost money for years. Small golf courses are not viable in the current market unless owned by government. Malkerson said the Wensmann case currently before the Supreme Court will be very relevant. In a recent case the Court invited the developer to sue the City of Eagan over a golf-course only zoning, and the development will have a residential component within it. The Wensmann case will be decided in the next six months. Malkerson said the developer would sign a standstill agreement not to develop the property until after the decision comes down. Young noted Malkerson had exceeded the time limit and Malkerson objected to having his time limited. Young noted his office had been advised of the limit that morning without objection and Malkerson said he had not received the notice. Young granted 10 additional minutes and asked Malkerson to present the new legal facts he had mentioned. Malkerson distributed a memo dated January 16, 2007 and exhibits. He asked if the City had received a legal opinion on whether the golf course reguiding and rezoning was legal. Neal said there is no written opinion but the City Attorney had shared his opinion at public meetings. Malkerson asked if Neal meant Rosow's comments at the time the Council directed Staff to proceed on bringing the guide plan and zoning into alignment, and Neal said the time frame was close to that. Malkerson said those comments were pretty generalized. He suggested the Council direct the City Attorney to go through carefully and render an opinion and also seek an opinion from the Minnesota League of Cities Insurance Trust. Malkerson then reviewed comments in his memo: • The reguiding and rezoning essentially encumbers the property with an open space easement. The other golf courses granted easements in return for consideration. Reguiding now would be unilaterally imposing an easement. • The City lacks authority to reguide the property and is basing its action on statements made by the public, the intent of the original owner, and a general statement that the golf course was approved as part of the original CITY COUNCIL MINUTES January 16, 2007 Page 5 PUD. The Council should not rely on non-binding, irrelevant statements made in the 1970s. • There really isn't a PUD for this property in the sense of a modern PUD. If the property is intended to be restricted forever, the City should get a conservation easement at the time of development. • The golf course is platted as an outlot. There is no ordinance or restriction on use of outlots. Young ended Malkerson's time after consuming 20 additional minutes following the Mayor's grant of 10 additional minutes. Malkerson objected and said he was being denied his due process rights. Resident Steve Chelesnik of 7269 Howard Lane, noted Edenvale was a 6000- acre development, unprecedented in Eden Prairie when it was developed in the 1970s. The record reflects extensive discussion among the Planning Commission, City Council and the community about preserving open space and maintaining quality of life. The documents are pretty clear that approval was granted on the condition that open space be preserved. The golf course was credited as open space even though it allowed the developer and owner to make money off it. Some original homeowners still live there and relied on the golf course as a buffer from development. Eden Prairie has little open space left. Chelesnik questioned some arguments made by Malkerson. Small golf courses may be in trouble nationally due to overbuilding,but it does not follow that the Bent Creek course is not viable. Chelesnik stated the owner did not accept bids from people wishing to operate the property as a golf course, but only from developers. The business is privately held and it is easy to operate a business at loss to make a situation seem dire. Multiple buyers and membership groups would be willing to buy the course for multiples of the purchase price and continue to operate it. Chelesnik said the City has proceeded deliberately, cautiously and legally, and that fairness and equity call for enforcement of ordinances. The reguiding and rezoning only clarify the original intent. Malkerson's suggestion to wait until after the Wensmann decision is not surprising, since the current state of the law does not favor the owner. Resident Victoria Rolf of 6890 Canterbury Lane stated she lives adjacent to the golf course and purchased her property with the expectation that the golf course would remain a golf course, as she was told by the agent and neighbors, including a neighbor who helped design and built the whole project. She said she had easily obtained copies of all pertinent City documents and drafted a memo with points similar to those of the City Attorney. Rolf said the City has a moral obligation to preserve the open space for wildlife and to preserve the integrity of the Edenvale plan, which was visionary in its commitment to providing a mix of housing for all income levels and maintaining open space. The PUD set aside 25% of the area as open space and the golf course was counted as part of the bargaining process to receive exemptions on cash park fees. Development would significantly alter the community. CITY COUNCIL MINUTES January 16, 2007 Page 6 Resident Marilyn Michales of 6459 Pinnacle Drive disputed the golf course's usefulness as wildlife habitat or as true open space, since it is not available to the general public. The proposed development would maintain the floodplain and incorporate trails that would be accessible to all residents. The course already contains a clubhouse, driveways and parking lots. Golf courses are usually perceived as an environmental negative due to runoff. The townhome project along Valley View also took away open space and views, but it was approved. By proceeding to litigation, the City could drive up its insurance premiums and cost taxpayers money. Staff time will also be needed to respond to a lawsuit. There is no need to rush to a decision. Neal noted preliminary plans had been shown to some staff and councilmembers but no formal plans have ever been submitted. Resident Lou Guertin of 6568 Pinnacle Drive said the townhome development was never part of the golf course plot set aside to open space. It was offered for purchase to the golf course owner and declined. Resident Rick Dorsey of 14215 Green View Court said he lives in a modest home along the golf course and owned a town home nearby prior to that purchase. Residents along the course paid premiums for those lots. He questioned whether the owner paid taxes on the land as developable or benefited from a reduced rate. When the owner built and sold townhomes to the west of the course ten years ago, no announcement was made of any intent to develop the golf course. Dorsey said he knew of at least one offer to buy the course and continue to operate it. Michales said she knows the owner and there were offers, but no viable offer from anyone who had the money to complete the purchase. Resident Eric Wolf of 7303 Howard Lane said he lives on the golf course and is a member. The membership discussed buying out the golf course but the owners would not release the financials they needed to plan an offer. Aho asked if staff had reviewed the Malkerson documents. Neal said the City Attorney had reviewed everything provided. Young asked Staff to review the rationale behind the March moratorium on development and the process to reach tonight's recommendation for reguiding. Franzen said the Council charged Staff to determine inconsistencies in the guiding and zoning of the City's golf courses and to find a cure. The Staff review found all the golf courses were guided and zoned a little differently, with no direct correlation between the guiding and the zoning. Guide plan designations should be specific, distinct and separate and clearly match the designation to the actual land use. Common sense suggested all golf courses should be guided the same way through a new guide plan designation. Statute requires zoning districts be added to match the guide plan change. CITY COUNCIL MINUTES January 16, 2007 Page 7 Franzen said research revealed communities handle golf courses in many different ways. Few local communities have a separate golf course designation but this is common in Florida. Other cities permit golf courses in some or all zoning districts. Uses allowable under the "public/quasi-public" designation include private open space such as association land, golf courses and country clubs. Young asked if residential development were an allowable use and Franzen said no. Duckstad asked for confirmation that the golf course was part of a larger development and has operated as a golf course continuously. Franzen said yes. Duckstad asked when the current owner acquired it. Franzen said the mid-1980s if not earlier. The golf course has undergone some modifications but has remained a golf course under all owners. Duckstad asked if the proposed guide plan change would affect the current use. Franzen said the change would have no impact on the property as it is currently used. Butcher asked about property tax capture in the public/quasi-public designation. Neal said the taxation is separate from the guiding. He agreed to consult with the assessor and report back. Aho noted in previous discussions, Staff had indicated the property was guided public/quasi-public continuously, and the guiding would trump the zoning which was rural. Franzen confirmed this. Nelson asked if the PUD brought in the golf course as part of the parkland expectation. Franzen said the course was a tradeoff for density bonus and setback variances. The planned population of 18,000 to 19,000 is a large population for the acreage, especially since some of the area is industrial. The open space provides relief to the density allowed. Nelson asked if the City had always balanced development with cash park fees and parkland. Lambert said since the early 1970s, the City has required dedicated park land or fees. Edenvale received fee waivers for dedicating parcels as open space, and the golf course counted toward that open space. The expectation is that dedicated open space remain open. As the City became more sophisticated in its contracts, it required conservation easements over subsequent golf courses. Nelson asked for confirmation the change from public/quasi-public to golf course is a neutral change. Franzen confirmed the change in the guide plan and zoning still allows the property to be used as a golf course. MOTION: Butcher moved, seconded by Aho, to continue the public hearing for 1 st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 105.8 acres to the February 6, 2007 meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-15 for Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres. Motion carried 5-0. CITY COUNCIL MINUTES January 16, 2007 Page 8 C. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres, Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Resolution No. 2007-16 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 790 property owners. This is a continued item from the December 4, 2006 meeting. The Met Council approved the text amendment to add "golf course" as a land use on January 8, 2007. The existing golf course is guided Public/Quasi Public and Low Density Residential. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have 1sr and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007, meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTION: Aho moved, seconded by Nelson, to continue the public hearing for 1 st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 169.1 acres; from RM-6.5 to Golf Course on 1.6 acres and from R1-13.5 to Golf Course on .52 acres, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-16 for Guide Plan Change from Public/Quasi- Public to Golf Course on 170.71 acres and from Low Density Residential to Golf Course on 1.1 acres. Motion carried 5-0. D. BEARPATH GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres, Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Resolution No. 2007-17 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 796 property owners. This is a continued item from the December 4, 2006 meeting. The Met Council approved the text amendment to add "golf course" as a land use on January 8, 2007. The CITY COUNCIL MINUTES January 16, 2007 Page 9 existing golf course is guided Public/Quasi Public and Low Density Residential. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have 1sr and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007, meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. John Downey, General Manager of the Bearpath facility, stated the owners and members of Bearpath wish to continue to use the property for the benefit of members, including possible new recreational uses. He also sought confirmation that the club could add parking or reconstruct buildings damaged by fire or weather. Franzen said language had been added to the ordinance to allow other non-motorized recreation (while still allowing golf carts) and that this "non- motorized"phrase serves as a catchall to allow comparable passive recreational uses not specifically listed. If buildings are damaged the owner is entitled to rebuild them to their current condition. Franzen said the site currently has more than adequate parking to support its current use or additional restaurant or meeting capacity. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTIONS: Butcher moved, seconded by Aho, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 198.04 acres to the February 6, 2007, meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-17 for Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres and from Low Density Residential to Golf Course on 1.54 acres. Motion carried 5-0. E. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING. Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres, Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Resolution No. 2007-18 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 76 property owners. This is a continued item from the December 4, 2006, meeting. The Met Council approved the text amendment to add "golf course" as a land use on January 8, 2007. The existing golf course is guided Parks/Open Space. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf CITY COUNCIL MINUTES January 16, 2007 Page 10 Course District, must have 1St and 2nd reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. Nelson asked Franzen to confirm this change does not change the owner's right to operate a golf course and Franzen said yes. MOTION: Aho moved, seconded by Butcher, to continue the public hearing for 1 st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 50.39 acres to the February 6, 2007 meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-18 for Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres. Motion carried 5-0. F. STARING PRESERVE by Aileron Development. Request for: Preliminary Plat on 1.67 acres into two lots and road right-of-way. Location: 9181 Staring Lane East. (Resolution No. 2007-19 for Preliminary Plat) Butcher exited the meeting at 8:57. Neal said official notice of this public hearing was published in the January 4, 2007, Eden Prairie Sun Current and sent to 46 property owners. The project is to plat the property into two single-family lots consistent with the requirements of the R1-22 zoning district. Flying Cloud Airport is located approximately one- quarter mile to south of the property. Because of the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. The 120-Day Review Period Expires on March 9, 2007. The Planning Commission voted 7-0 to recommend approval of the project at the December 11, 2006 meeting. There were no comments from the public. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; adopt Resolution No. 2007-19 for Preliminary Plat on 1.67 acres into two lots and road right of way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. G. WINDSOR PLAZA by Solomon Real Estate. Request for: Planned Unit Development Concept Review on 4.44 acres, Planned Unit Development District CITY COUNCIL MINUTES January 16, 2007 Page 11 Review on 4.44 acres, Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres, Site Plan Review on 4.44 acres, and Preliminary Plat of 5.81 acres into two lots and road right-of-way. Location: West of Flying Cloud Drive, South of Singletree Lane, North of Regional Center Road. (Resolution No. 2007-20 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2007-21 for Preliminary Plat) Butcher returned to the meeting at 8:59 p.m. Neal said official notice of this public hearing was published in the January 4, 2007, Eden Prairie Sun Current and sent to property 24 owners. This project is a 133,629 square foot building located in the Town Center consisting of four-stories of office above first floor retail and restaurant uses. The design is consistent with the planning principles of the MCA Study for the Town Center. The MCA Study identifies the site for Community Retail use. In the Town Center this use includes retail,restaurants, and a higher intensity of development such as multiple story buildings with office or other uses allowed in upper levels. The proposed land use for Windsor Plaza is generally consistent with the vision of MCA mixed office/retail use for this site, and is consistent with the planning principles of the MCA Study. A traffic study was completed for the project which identified the deficiencies at the TH 212/Singletree Lane intersection as it relates to this project. The developer will be responsible for constructing an improved segment of Singletree Lane between TH 212 and Eden Road. The improvement will provide a single left-turn lane, a through lane, and a shared through/right-turn lane on the west approach of the TH 212/Singletree Lane intersection as well as additional through lanes on Singletree Lane to provide a continuous 4-lane roadway. The developer will be responsible for all costs associated with the project with the exception of the right-of-way costs on the north side of Singletree Lane. It should be noted the improvements to Singletree Lane are considered interim improvements as the realignment of Singletree Lane and West 78"' Street remains the long-term vision for the roadway. The following waivers are requested in the Commercial Regional Service zoning district as part of the PUD: 1. Building floor area ratio of.69. Code maximum is .40. 2. Building height of 68 feet. Code maximum is 40 feet. 3. A total of 667 parking stalls provided. Code requires 743 stalls (16 of which are assigned to Bobby and Steve's Auto World). 4. Front yard setback to building of 6 feet from Flying Cloud Drive. Code requires 35 feet. 5. Front yard setback to parking deck of 22 feet to Singletree Lane. Code requires 35 feet. CITY COUNCIL MINUTES January 16, 2007 Page 12 6. Front yard setback to parking deck of 15 feet to Eden Road. Code requires 35 feet. 7. Front yard setback to parking deck of 0 feet to Regional Center Road. Code requires 35 feet. 8. Side yard setback to parking deck of 0 feet along southwest property line. Code requires 20 feet. The waivers are consistent with the planning principles of the MCA Study and Town Center, for taller buildings, higher densities, structured parking, and location of buildings close to street frontages, and pedestrian systems. In exchange for the parking waiver, the first floor uses will be retail and restaurant. The second through fifth floors will be limited to office use only. Additional items that will be addressed in the Development Agreement include: planter boxes in the outdoor seating areas and hanging baskets in the plaza area on the west side of the building adjacent to ground floor retail; stamped concrete and staining treatment for all retaining walls, and pavement patterns for the plaza and outdoor seating areas, and signage. No signs have been approved as part of this review. Once the Town Center wayfinding study has been further refined and a sign ordinance is developed for the Town Center, a sign package will be submitted for review and approval by the Planning Commission and City Council. The 120-Day Review Period Expires on March 6, 2007. Jeremiah noted the developer had presented the project before the Council in December but was available to review it if needed for the new Councilmembers. Duckstad and Nelson said they were thoroughly familiar with project and had already had the opportunity to ask questions. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2007-20 for Planned Unit Development Concept Review on 4.44 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres; adopt Resolution No. 2007-21 for Preliminary Plat on 5.81 acres into 2 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. H. RANDY'S BOBBY & STEVE'S AUTO WORLD by Randy Neis. Request for: Planned Unit Development Concept Review on 1.08 acres, Planned Unit Development District Review with waivers on 1.08 acres, Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Resolution No. 2007-22 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change) CITY COUNCIL MINUTES January 16, 2007 Page 13 Neal said official notice of this public hearing was published in the January 4, 2007, Eden Prairie Sun Current and sent to property 24 owners. This project is a 22,600 square foot building located in the Town Center consisting of Convenience Retail/Automotive Service/Restaurant. The design is consistent with the planning principles of the MCA Study for the Town Center. The same improvements to Singletree Lane apply as for the Windsor project. The following waivers are requested in the Commercial Regional Service zoning district as part of the PUD: • Building floor area ratio of.48. Code maximum is .40. • Building base area ratio of.27. Code maximum is .20. • Front yard setback to building of 19 feet from Flying Cloud Drive. Code requires 35 feet. • Front yard setback to building of 0 feet from Singletree Lane. Code requires 35 feet. • Side yard setback to building (car wash) of 0 feet. Code requires 20 feet. • Driveway width of 40 feet. Code requires a maximum of 30 feet. • Off site parking for 16 parking stalls. Code requires parking to be on the site it is to serve. • Wall/fence screening height of 10 feet. Code requires a maximum of 6 feet. The waivers are consistent with the planning principles of the MCA Study and Town Center for higher densities, location of buildings close to street frontages, and pedestrian systems. Additional items that will be addressed in the Development Agreement include: outdoor seating, decorative pavement and landscaping plaza area on the southeast corner of the site; edge treatments such as fencing or landscaping to define the space from Flying Cloud Drive and auto traffic internal to the site; planter boxes and hanging baskets in front of the retail plaza; and signage. No signs have been approved as part of this review. Once the Town Center wayfinding study has been further refined and a sign ordinance is developed for the Town Center, a sign package will be submitted for review and approval by the Planning Commission and City Council. The 120-Day Review Period expires on March 6, 2007. The Planning Commission first reviewed this project at its November 27, 2006, meeting and recommended a continuance directing the developer to incorporate all pedestrian level details and site amenities into the plans, and more information regarding the use of Dryvit material. The Planning Commission voted 7-0 to recommend approval of the project at the December 11, 2006, meeting. Nelson asked about the zero-foot setback from Singletree Lane. The photos show the plan works,but it would be helpful to know the true distance from the street. Jeremiah said the minimum distance from the curb is 15 feet including an eight- foot setback, and that is only at one point. The distance from Flying Cloud Drive CITY COUNCIL MINUTES January 16, 2007 Page 14 is 21 feet. Nelson said the variance works in this project but the Planning Commission and Council should stay aware of the need for adequate green space in the Town Center. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2007-22 for Planned Unit Development Concept Review on 1.08 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PARKS Neal said the attached ordinance will provide the City the ability to control use of City parks by large organized groups and will restrict any non-resident large groups from use of the parks, and will eliminate any "for profit" group from using City park land for the purpose of operating a "for profit"business. This item was originally reviewed at the November 6 meeting of the Parks, Recreation and Natural Resources Commission and was continued to the December 4 meeting, after commission members requested staff to provide a copy of the ordinance that more clearly defines which items were deleted or added to the previous ordinance relating to park use. At the December 4 meeting, the Parks, Recreation and Natural Resources Commission unanimously recommended approval of these changes. Lambert said the major reason for the ordinance is to address inequities such that the City can charge Eden Prairie groups for parks use but not outside groups. Large school districts and business are using Eden Prairie facilities for day and athletic camps, and a loophole in the ordinance allows this. Now, groups of over 20 people who are not residents can be asked to leave. Aho asked how the change would be communicated to groups. Lambert said groups known to be using the parks will be sent a copy of the changed ordinance. For the first year, Lambert recommended giving a warning on the first offense. After the first offense,police would ask the group to leave. CITY COUNCIL MINUTES January 16, 2007 Page 15 MOTION: Nelson moved, seconded by Butcher, to approve the first reading of an Ordinance amending City Code Chapter 9, Section 9.04, relating to rules and regulations governing parks that will prohibit the use of Eden Prairie Parks by large, non-resident sponsored groups, and will require reservations by resident sponsored groups larger than 20 persons. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO. 2-2007 AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES AND ADOPT RESOLUTION NO. 2007-23 APPROVING SUMMARY ORDINANCE Neal noted the first reading was already approved. A unanimous vote is needed for the second reading to pass. MOTION: Aho moved, seconded by Butcher, to approve 2nd Reading of Ordinance 2-2007 for Amending Chapter 11 of the City Code relative to golf courses and adopt Resolution No. 2007-23 approving Summary Ordinance. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. MCA Update Young requested Staff to prepare an update for Council on all MCA plans and actions, as well as current funding of projects. 2. Budget Task Force Young asked Councilmembers to come to the next meeting prepared to discuss the merits of implementing a Budget Task Force as one of the City Boards and Commissions for this year. 3. Friendship Ventures Historic Desisnation Young asked staff to prepare background information regarding Friendship Ventures' request to change the historic designation of Camp Edenwood, a City property the program rents as a tenant. Staff should prepare a summary of the history of the property,past and current uses, CITY COUNCIL MINUTES January 16, 2007 Page 16 the City's history with the tenant, and steps which would need to be taken to accommodate the request. Butcher expressed some reservations about the request. Although the leasee agreed to protect and reuse the property, it has a history of serious violation of contracts including destruction of property. Young said the discussion should be all encompassing. B. REPORT OF CITY MANAGER 1. Revised Land Exchanse Agreement Between the City and the Eden Prairie School District Neal said the City had agreed to a land swap with the school district to allow the 3rd rink at the Community Center to be built. In exchange, the City planned to swap a parcel near Oak Point Intermediate School for siting of the historic Anderson schoolhouse. Subsequent research showed the site to be unsuitable for the schoolhouse. A new exchange is proposed to give the school district a parcel consisting of half a parking lot that is currently used by high school staff. This would be an exact square footage exchange and also requires School Board approval. MOTION: Aho moved, seconded by Nelson, to approve the revised land exchange agreement between the City and the Eden Prairie School District. Motion carried 5-0. 2. HRA Secretary Neal explained all City Council members are automatically members of the HRA and Neal is the Executive Director. The Council needs to appoint a secretary. MOTION: Aho moved, seconded by Butcher, to appoint Councilmember Nelson as the HRA Secretary. Motion carried 5-0. 3. I-494 Corridor Transitway Initiative Neal said a group of legislators in the southwest suburbs is considering an initiative to connect the proposed LRT endpoint in Eden Prairie with the current LRT terminus in Bloomington. The Council is invited to appoint a representative to work with a group studying the issue. There is no monetary commitment or requirement to take a particular stand on the issue. MOTION: Nelson moved, seconded by Duckstad, to appoint Councilmember Aho as the representative and Councilmember CITY COUNCIL MINUTES January 16, 2007 Page 17 Butcher as the alternate to the I-494 Transitway Initiative. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Purchase Agreement for Lot 1, Block 1 and Outlot C —Columbine Addition Jeremiah said Presbyterian Homes, owner of Broadmoor Apartments and Castle Ridge Care facility in Eden Prairie, has submitted an offer to purchase the 4.8 acre property owned by the City and located between Broadmoor Apartments and Lifetime Fitness Health Club (formerly Flagship) for a price of$3,000,000, a market price. Their plan is to include the 4.8 acres into a complete redevelopment of the 13 acre Broadmoor Apartments and Castle Ridge properties for a new large-scale senior housing and retail development. However, they are not planning to start the project for another 3-4 years. Presbyterian seeks preliminary approval of their concept plan. Staff have seen concept drafts and are working to resolve access issues. The project should soon appear before the Planning Commission and then before Council in May 2007, with closing to follow. Young asked what would be done with the proceeds of the land sale. Jeremiah said current policy is to put proceeds into the economic development fund. There are a number of unfunded MCA projects that could be funded in this manner. The Council could however change the policy. MOTION: Butcher moved, seconded by Aho, to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 4.8 acre site owned by the City and legally described as Lot 1, Block 1, and Outlot C - Columbine Addition, Hennepin County, Minnesota. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Renaming of Puriatory Creek Recreation Area Lambert said after lengthy discussion at its November 6"', 2006 meeting, the Parks, Recreation and Natural Resources Commission recommended the Purgatory Creek Recreation Area's body of water be named Prairie Lake. The motion carried 8 to 1 with Gerst voting nay. Gerst said he was not in favor of the name since there were so many things in the City already named prairie. The Commission approved recommending renaming the Purgatory Creek Recreation Area to Prairie Lake Park on a 9 to 0 vote. CITY COUNCIL MINUTES January 16, 2007 Page 18 Butcher noted names last a long time and suggested more dialogue was needed. All councilmembers agreed. Young asked whether it would be best to send the matter back to the Parks Commission, or to find another venue for public input. Lambert noted this was the second name Parks had recommended, but not one anyone on the Commission had a strong feeling about. A citizen recommended soliciting names from the public. The only question is whether those submissions should be directed to the Parks Commission or to the Council. Parks Commission Chair Brill said the Commission would be willing to revisit the issue with input. Neal said Staff could initiate a means to collect feedback and then direct the results to Parks to perhaps narrow the choices to three names. MOTION: Aho moved, seconded by Nelson, to return the process of renaming Purgatory Creek Recreation Area back to the Parks Commission to accept public comment and develop a list of alternate names to submit to the City Council. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:43 p.m.