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HomeMy WebLinkAboutCity Council - 07/18/1989 �. EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, July 18, 1989 7 : 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger , Director of Parks, Recreation Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Ed lund PLEDGE OF ALLEGIANCE f ROLL CALL: All Members Present I . A.pE!ROVAL OF AGENDA AND OTHER ITEMS QF HUS I !ESS MOTI QN : Anderson moved, seconded b is y Harr to approve the Agenda as published and amended . ADDITIoUg . ADD Item M. Freeburg Appeal of Board ' s Denial of variance 489- 31 to the Consent Calendar . ADD Item VI I .A, Lariat Company Request for Early Grading Permit . ADD Item X .A. 2, Report on meeting attended by Mayor Peterson . MOVE : Item III . H from the Consent Calendar to Item I V . D. Motion carried unanimously to approve the Agenda as amended . A . tY_4'S?�r S� k!! r Dakeg iomeo 0 Associat.mn. Tft-4i�tins Held Tug c dy, November 15s 1988 Pidcock moved, seconded by Anderson to approve the Minutes of the City Council and Timber Lakes Homeowners Association meeting held Tuesday, November 15, 1988 . 8 City Council Minutes 2 July 18, 1989 143rri15 Yeg11H5tEd th-51t pa ge 2, E'-z-kragraph 4 be revorded for clarification . Motion carried 4-0-1 to approve the minutes, subject to the approval of the reconstruction of Paragraph 4, Page 2 . Tenpas abstained . B. city Council riveting held Tuesday„ November ,15, 1988 MOTION Pidcock moved, seconded by Anderson to approve the Minutes of the Regular City Council Meeting held Tuesday, November 15, 1988 as published . Motion carried 4-0-1 . Tenpas abstained . C. 512ec1a2 Eden airie City Council Meeting held T gsday. November 29 19$8 4 MOTION : Pidcock moved, seconded by Anderson to approve the Minutes of the Special Eden Prairie City Council Meeting held Tuesday, November 29, 1988 as published . Motion carried 4-0-1 . Tenpas abstained . D . City council Meeting held Tuesday . DtcgmbeX 13, 1288 MOTION : Pidcock moved, seconded by Anderson to approve the Minutes of the City Council Meeting held Tuesday, December 13, 1988 as published . Motion carried 4-0-1 . Tenpas abstained . E . City council and Hoard of Appeals and Adjustm!.Iats Meeting held Thursday. Tyne 27, 12-82 MOTION : Harris moved, seconded by Pidcock to approve the Minutes of the City Council and Board of Appeals and Adjustments Meeting held Thursday, June 21, 1989 as published . Motion carried 4-0-1 . Peterson abstained . IZZ , CONSENT CALENDAR A . C.10,rk 's License List B . HIDDEN GLEN IV, by Frontier Midwest Homes Corporation . 2nd Reading of ordinance #10-89, Zoning District Change from RM-6 . 5 to R1-9 . 5 on 7. 5 acres; Approval of Developer 's Agreement for Hidden Glen Iv; and Adoption of Resolution 089-121, Authorizing Summary of ordinance 010- City Council Minutes 3 July le, 1989 89 and Ordering Publication of Said Summary. 7 . 13 acres into 26 single family lots. Location : South and east of Highway #101, west of Dell Road . ( Ordinance #10-89, Rezoning; Resolution #89-121, Authorizing Summary and Publication) C. CHATHAM RIDGE 2ND ADDITION, by Centex Real EBtate Corporation . 2nd Reading of Ordinance #20-89, Zoning ti District Change from R1-13. S to R1-9 . 5 on 8 .13 acres; Approval of Developer 's Agreement for Chatham Ridge 2nd Addition; and Adoption of Resolution 089-165, Authorizing Summary of Ordinance 020-89 and Ordering Publication of i Said Summary. 8 . 13 acres into 23 single family lots . Location: North and west of Cumberland Road, northeast of Wellington Drive . (Ordinance #20-89, Rezoning; } Resolution 089-165, Authorizing Summary and Publications ) . D. Final Plat Approval of Ridgewood west Fth Addition located *oU. o AndeAsoo_Lake Parkway and North of We11 ingt op Dr ive_i Resolution No . 89-159. E. Final Plat ABDroval of Hidden Glen 4th Addition ( located qut an a Hw w o P ) Resolution No . 89-153 . F. AD rove Plans and Authorize 81dfor Goun rY glen S&Kgot ar Ut l l i:ty I ovements, 1 .C . 52-171 (Resolution No . 89- 160 ) . G. Change order No. 1, Trunk watermain Exten;3_jon.,_ Eden Ejajrie Road (GLS A H 4 ) and piionter Trail (C _S A, L4 1 ) , L._Q.....52-147 H . Apployal of Hyltifamllyi ng Bonds (Fountain Place Arar ments Pr jf--ct- -- Phase 11 ) . $12. 600. 004 ReSQlUt140 1189-162 . ( MOVED TO ITEM ZV.D ) I . pprgval of a finance- Amendina City Code Stct,lon 3 .95 , Stjbd . S . R. Relating to LieD,g fol 11,unigigal .ma y 9harges andr.A!jsoting by RgfgXence-c tY Q(2de Chaoter 1,, . ate g.n_l, 03 T eroof -Qr,4 1-no-n-q-q-A21-89 , J . -91 Sa e of $2, 700 0 in Le— a IOg_Bonds fQr. the Lakgvjgw - K K . grove Special Ajs.ess_mgnt Aq);eejM?,nt for, Fount n Place APax tnonts & Plans 4n ft Axjt )t Qr 1ze aid, for Bluff Road provements. I , C, 52-144 , (Resolution #89-1kg. l M . Freeburg ADLr.'.i_L A �pard of A�e.�ld �rpj Adaij�+tutentj5 riFnlal 4�yarian_c e. 1189-U i City Council Minutes 4 July 18, 1989 MOTION : Harris moved, Seconded by Anderson to approve the Consent Calendar as amended by moving Item I I I .H to I V.D and by adding Item III .M. . Motion carried unanimously. Iv . PUBLIC HEARING A. EDENVALE CROSSINGS, by Mar cor Properties, Inc . Request for Comprehensive Guide Plan Amendment from Neighborhood Commercial to Community Commercial on 21 acres, Planned Unit Development concept Amendment and Planned Unit o Development District Review on 21 acres with waivers, Zoning District Amendment within the C-Coin Zoning District on 7 . 5 acres, Site Plan Review, and Preliminary Plat of 7 . 5 acres into 1 lot for construction of 38, 056 square feet of commercial uses . Location : East of Mitchell $ Road, southeast of Martin Drive, Mitchell Road Intersection . (Resolution #89-134, Comprehensive Guide Plan Amendment; Resolution #89-135, PUD Concept Amendment; Ordinance M23089-PUD-6-89, PUD District and Rezoning;, Resolution #89-136, Preliminary Plat) a Dawson reported that notice of the public hearing had been sent to owners of 12 surrounding properties and published In the July 5, 1989 issue of the Eden Prairie News . Jim Winkel, representing the proponent, stated that the project would consist of 3 buildings . The proponent had worked with MnDot to set aside the property necessary for the expansion of Mitchell Road . Winkel added that the grade of the property would match that of Mitchell Road . Whitney Patton, representing Coldwell Hanker marketing, stated that the office building would be occupied by a national real estate company. The proponent was negotiating with Amoco and SuperAmerica for the gas station facility, and the anchor for the strip mall would be a national paint and wallpaper store . Patton added that Davanni 's and Greenstreets had expressed interested In locating in the mall . At this time the remaining spaces were speculative . Darrell Anderson, architect, stated that the present road system would be modified to provide adequate stacking distance . There was a 30--foot difference in elevations on the property and, therefore, the property would be terraced at 3 levels . The project was forced closer to Mitchell Road because of the water pipe running along the back portion of the property. Anderson noted that all the vegetation for landscaping would be placed in the area which would not be affected by the highway. The exterior of the mall would be gray tone masonry with a rust-red metal facia . The signage would be contained within a 3- City Council Minutes 5 July 18, 1989 foot sign band and would comply with City Code . Cedar panels would be used at the entry ways and would be stained to compliment the brick colors . The service area In the rear of the building would have a canopy to enhance the appearance . The office building would carry the same roof design and color scheme as the strip mall. . Enger reported that the Planning commission had reviewed this item at the June 12 and 26, 1989 meetings and had voted unanimously to approve the project at the June 26, 1989 meeting based on the recommendations outlined in the June 23, 1989 Staff Report . Lambert reported that the Parks, Recreation and Natural Resources Commission had reviewed this item at its July 17, 1989 meeting and had voted unanimously to approve the proposal . Harris asked If the concern of K inderCare had been addressed regarding the construction of the road nod if icat Ion . Anderson replied that the modification would not disturb any of the operations . Patton added that road work by the Mexican village would be modified first and the work would be done during non-business hours . Councilmember Anderson asked if the trail on the east side of the creek would be completed at this time . Lambert replied that an asphalt trail would be constructed from the bridge out to Mitchell Road. Anderson stated that he was concerned about what would be seen from the back of the building by residents at the top of the hill along Purgatory Creek or passing along the trail by the creek . He believed that this area was unique because of the amenities and that both sides of the building should be utilized in a special positive manner . Winkel replied that the amenities had been taken into consideration . Winkel stated that any building had to have a front and a back . Winkel added that the building design had been given a residential character which extended around to the sides of the facility. Winkel noted that the trash area would be well-screened . Landscaping would be provided in several different areas and at different intervals throughout the property. Winkel stated that the property would be maintained by a professional service . Minkel agreed that the view from the creek was a delicate issue; however, he believed that this proposal was an appropriate use for the property. Councilmember Anderson then stated that the Council had been led to believe in other instances that the issues of screening ,;;.rid proper maintenance of the property w0121d be taken care of; however, they often were not taken care of properly. Anderson added that there was not enough detail City Council Minutes 6 July 18, 1989 frt-im the bliinptint to r,n able to envision what, the M_ ek of the building would look like . Anderson was concerned about the image of this parcel of property. Pidcock stated that the City had created a park adjacent to this parcel which she believed had been totally ignored while planning this development . Winkel stated that retailers would not be comfortable located in the back of the mall and added that office space was not a good market at this time . w Tenpas asked if the proponent had done other projects in Eden Prairie . Winkel replied that he had been in business for over a year and prior to that he and his partner had worked for another firm on the Ediriborough project in Edina . Tenpas then asked if another strip mall would be marketable . Patton replied that Eden Prairie was becoming more attractive to retailers . Patton added that he believed the land uses proposed for the property were apptopr late . Peterson asked how many feet would be between the east of the building at the northern end and the planting area . Darrell Anderson replied a 5-foot walkway would be provided . Peterson then asked if deliveries would be made from both the front and the back of the facility. Patton replied that this facility would be similar to the Shady Oak and Eden Glen centers. Peterson asked if there would be any physical barriers preventing the motorists from cutting through the parking lot to obtain access to the property to the south. Anderson replied that the road system had been designed to accommodate MnDot's long-range plans . Patton believed that the eastern road would be the preferred route . Pidcock asked if speed bumps would be placed in the parking lot . Anderson replied there would not be speed bumps due to difficulty in snowplowing and for insurance reasons . Councilmember Anderson stated that he liked the appearance of the front of the building; however, the City had preserved this green area and he wanted to see it utilized . Anderson added that he did not believe the proponent had given any importance to the back portion of the property. Enger stated that Staff had had discussions with the proponent regarding the back of the building . Enger gave examples within the City of how other projects which were adjacent to similar amenities had utilized them, such as the Shady oak Centre, where courtyards had been created and the Foodfare/Dairy Queen, which had two fronts, Enger City Council Minutes 7 July 18, 1989 stated that there were uses where the open green space would be desirable; however, these would not be the traditional uses for a strip mall . The proponent did have the opportunity to wrap windows around the corners of the building without an affect on the proposed architecture . The service area and the trash areas would be enclosed and screened . Enger noted that the proponent would need to pay close attention to the back of the gas station and the electrical transformers . Peterson questioned if the screening to the east would not block the view and possible use of the creek . Anderson stated that he would like to have this item returned to Staff for further review. Patton stated that marketing the facility was a user- sensitive issue and difficult from the planning stage . Winkel stated that the building design depended on the use proposed and added that a majority of tenants would not be concerned about the amenities at the back of the facility. He also believed that the chances were slim that a restaurant would choose to locate in the southern portion of the facility. Peterson believed that Councilmember Anderson had provided compelling arguments for further study into the use of the available amenities of the property by the proponent . Peterson stated that the Council would like to see the appearance of the back of the building softened . Tenpas believed that these modifications could be accomplished cosmetically. Tenpas did not believe that the Council should limit the types of tenants which could locate here by restricting the design of the building. Patton stated that the proponent was utilizing only 4 acres out of the 7 . 5-acre site . He added that the back of the project had been designed to work with the conservancy easement and water lines, and the front of the project had been designed to work with MnDot to accommodate its long- term plans . Patton requested that the proponent be allowed to work with Staff to accomplish the c:-ranges required to soften the appearance of the back of the building without restricting the type of tenants to which the mall could be marketed . 4 Harris stated that she was familiar with other quality projects done by the proponent and would be comfortable requesting that the proponent work with Staff to soften the appearance of the back of the building . There were no further comments from the audience . City Council Minutes 8 July 18, 1989 MOT 2 SIN F Harris moved, seconded by Tenpas to close the public hearing and adopt Resolution M89-134 for Comprehensive Guide Plan Amendment . Pidcock believed that the proponent had limited its options by the consideration of a strip mall and had not given enough emphasis on marketing strategies to utilize the amenities . Tenpas questioned what homes would be able to see the back of the building. Anderson replied that the trail system had been planned for use by residents and employees in this area of the City for some time . He believed this parcel of property to be unique because of the amenities available . Anderson suggested that, windows would help soften the appearance of the back of the building . Tenpas believed that windows in the back of the building could creme security problems . Peterson noted that because Planning Director Enger had stated that staff had had discussions with the proponent regarding the appearance of the back of the building and had been close to reaching an agreement, he believed the approach of resolving issues prior to second reading of the rezoning ordinance would be acceptable to the Council . MOT 1 ON: Harris moved, seconded by Tenpas to amend the previous motion to state that further conversations were to take place between the proponent and Staff related to the appearance of the back of the strip mall prior to 2nd Reading . Pauly noted that the Comprehensive Guide plan Change would not require a 2nd Reading; however, the zoning would . Pauly suggested that the Council could consider the 1st Reading of the ordinance for the PUD District Review and Rezoning and consider the Guide Plan Amendment resolution coincident with the 2nd Reading . . Harris withdrew the motion. M©TI9N Harris moved, seconded by Pidcock to close the public hearing and adopt Resolution 089-135 for PUD Concept Amendment . Motion carried 4-1, with Anderson voting "NO" . a City Council minutes 9 July 18, 1989 MOT Z ON . Harris moved, seconded by Pidcock to Approve 1st Reading Ordinance k23-89-PUD-6-89 for PUD District Review and Rezoning with a continued dialogue and negotiation between Staff and the proponent regarding the appearance of the back of the mall and that the tree plantings and other vegetation would provide adequate screening . Motion carried 4-1, with Anderson voting "No". MOT r 4N . Harris moved, seconded by Pidcock to adopt Resolution #89- 136 for Preliminary Plat and direct Staff to prepare a development agreement incorporating Commission, Staff and Council conditions previously noted . Motion carried 4-1, with Anderson voting "No" . B . GUILLE AQ121TZON, by David and Linda Guille . Request for Zoning District Change from Rural to R1-13 . 5 on 1 . 47 acres, and Preliminary Plat of 1 .47 acres into three single family lots and road right-of-way. Location: Southeast corner of Starrwood Circle and Mitchell Road . (Ordinance No . 34-89, Rezoning; Resolution #89-161, Preliminary Plat) Dawson reported that notice of the public hearing had been sent to 17 surrounding property owners and published in the July 5, 1989 issue of the Eden Prairie News . Frank Cardarelle, representing the proponent, stated that the plan was for a 3-lot subdivision . The proponent concurred with the recommendations outlined in the Staff Report. The existing garage would be torn down and a new garage constructed . Enger reported that the Planning Commission had reviewed this item at its ,Tune 26, 1989 meeting and recommended approval on a unanimous vote. There were no comments from the audience . MOTION: Pidcock moved, seconded by Harris to close the public hearing and approve 1st Reading of Ordinance #24-89 for Rezoning . Motion carried unanimously. ffOTI QN: Pidcock moved, seconded by Harris to adopt Resolution 089- 161 for Preliminary Plat and direct Staff to prepare a development agreement incorporating Commission and Staff recommendations . Motion carried unanimously. City Council Minutes 10 July 18, 1989 gttt rrjAN ANtj A#r-KtTLt`UVAtj brgt(IN PtVt15M= 5e_9 2r_5t for amending Subdivision 6A, Section 11. 03, chapter 11, requiring site plan and architectural design review prior to building permit issuance in all districts and with respect to allowing for extension of approval . (Ordinance #25-89 ) Dawson reported that notice of the public hearing was published in the July 5, 1989 issue of the Eden Prairie News . There were no comments from the audience . MOTION: Pidcock moved, seconded by Harris to close the public hearing and approve 1st Reading of Ordinance #25-89 . Motion carried unanimously. D . ggp oval of MuItI i.Ally sing Revenug Refunding Bonds (Founta la e ADartmen Project -- Phase I I L,, $12, 600 . 000 Resolution #69-162 . There were no comments from the audience . MOTION ' Harris moved, seconded by Pidcock to approve Resolution #89-162 . Motion carried unanimously. V. PAYMENT OF QLAIMS M011 ON : a Pidcock moved, seconded by Anderson to approve Payment of Claims No . 52178 through No . 52525 . i Peterson question Claim # 52384 to the Hennepin County Treasurer for May 89 Board of Prisoners-Police Department for $4,381 . 40 . Dawson replied that this was payment for person moved from the Eden Prairie Police Station to the County Jail . Dawson added that approximately $43, 000 was budgeted this year for this type of expense . Tenpas asked why the prisoners did not stay at the Eden Prairie facility. Pauly replied that the facilities were not designed for long-term holding . ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and Peterson all voted "AXE" . VI . PB21NANCES & RESOLUTIONS City Council Minutes 11 July 18, 1989 VII . PETITIONS, RE UESTS & (7Qfj4UNICATj9- IS A . Lariat_ Companie g jtstjqK- Early Grading Permit MOTION • flarris moved , seconded by Anderson to grant an early grading permit to the Lariat Companies, Inc . with the understanding that it was proceeding at its own risk. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMM IS ION, IX . APPOINTMENTS x X . REPORTS OF OFFSF-RS. HOARDS A. Reports of Council Members w 1 . Disci 4 of City Hal Peterson asked for the Council 's comments regarding the possibility of a new City Hall . Pidcock stated that it would have been helpful to have received a synopsis of the previous studies conducted . Peterson concurred . i Anderson believed that this topic should be discussed at a special session . Anderson stated that the City was getting close to the expiration of its lease of the present facility and believed that there were more benefits to the City owning a facility rather than leasing one . Peterson stated that residents had voiced the desire to know more about the School District's and the City's long- range plans. Peterson asked if the Councilmembers had considered any sites . Pidcock believed that the location south of the Police Station on Mitchell Road made sense because of the other City facilities located in this area . Harris stated that she did not have a strong allegiance to any particular site; however, it would be important to Investigate the possible need of the other City facilities to expand at the Mitchell Road site. Anderson believed that it was important for the City to obtain a site and then proceed with a bond referendum. He MtJed th-,it nehool diatrictb and other communities often proceeded this way so that the location of the facility did not become an issue of the referendum. city council Minutes 12 July 18, 1989 Harris believed that funding would be a major issue . Tenpas stated that there would be long-term financial benef its; however, there would also be an impact on short- term spending . Tenpas believed the Council needed to be sensitive to these issues . Tenpas questioned what the City' s needs over the next ten years would be and believed those needs should be prioritized . Tenpas noted that many outside influences affected the residents ' decisions . Peterson believed that this issue needed to be addressed this fall . Anderson noted that the City had spent a lot of time and effort on studies four years ago and did not believe the results of those studies had changed . Peterson re-Zuested that Staff provide a summary of the Information regarding this issue over the last several years . 2. Report of Meeting attended by Mayor Peterson Peterson stated that MnDot Commissioner Len Levine had Invited nine people to serve on a committee to investigate alternative methods of highway funding. The committee met for organizational purposes today and would meet 6 to 9 times over the next 2 to 3 months . The only alternative discussed at the meeting was the possibility of toll roads and bridges, approaches which had been studied twice over the last few years . B . Report of City Manager C. Report of City Attorney D . Report_ of Director of Planning. E . p tor Qf Parka , a g�gecreation b Natural Rgs _C E or r of €'.gbl ig F . t o Director Works G . R_Q.Q�t__q_#. Financc DiKector X I . NEW 1RU21 NESS XII . ADJOURN_ MEND a 3 Pidcock moved, seconded by Tenpas to adjourn the meeting at 9 : 25 PM . Motion carried unanimously.