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City Council - 08/15/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 15,2000 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, 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 Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER H. PLEDGE OF ALLEGIANCE M. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30—6:55 p.m. in Heritage Room H. 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. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD AUGUST 1,2000 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Workshop held August 1,2000. Motion carried 5-0. B. CITY COUNCIL MEETING HELD AUGUST 1,2000 Butcher referenced the report from HPC Chair Jan Mosman on page 11, section 2, paragraph 1, and asked if it reflects the Adaptive Reuse Proposal for the Smith House. Enger replied by reading the motion from the HPC minutes of June 19, 2000, as follows: "Peterson-Benike moved, seconded by Barkley, to accept the Adaptive CITY COUNCIL NIINUTES AUGUST 15,2000 Page 2 Reuse Proposal for the following properties: . . . Smith House Concept: Community Heritage Preservation Site. Use: (Option 1) Commercial Lease, (Option 2) Sell." The motion carried 5-0. Enger read from the Adaptive Reuse Proposal, dated June 20, 2000, which Council adopted and which the HPC recommended for adoption. "The HPC is recommending consideration of two reuse options for the Smith House. The options are listed in order of priority. The HPC recommends that the city approve Option 1. Neither option would require the city to pay for rehabilitation of the house. However,the budget summary provided illustrates the items and associated costs to bring the property up to a minimal level acceptable for basic use. Option 1 • Concept: Reuse of the Smith House as a community heritage preservation site. • Goal: Rehabilitate the Smith House for an adaptive reuse for a commercial purpose. r • Objective: Create a unique facility that will utilize the site's inherent historic qualities,yet remain accessible to the community. • Use: Commercial(coffee shop,tearoom bookstore, antique store). • Commercial: The Smith House is well suited for adaptive reuse as a commercial site. No other similar use of an historic building exists in Eden Prairie. Precedent for this type of use does exist in many Twin Cities' communities, as Hopkins, Excelsior, Woodbury, Minneapolis, St. Paul, Stillwater,White Bear Lake, and others can demonstrate. The Smith House is already well known to the community, and well situated along County Road 4 (Eden Prairie Road), near the entrance to Miller Park and within view of the Southwest Regional LRT trail corridor. The HPC recommends a use that would allow the public to access the historic home's interior. The building's main level is remarkably well preserved and worthy of the public's appreciation. Space on the main level is limited to 1,404 square feet, sufficient for a coffee shop or similar use." Option 2 f • Concept: Community heritage preservation site. • Goal: Rehabilitate the Smith House to allow for commercial use or residential use. • Objective: Preserve the home's historic character and visual aesthetics, and sustain its status as a Heritage Preservation Site for the community through sensitive reuse. • Uses: Commercial(small office space),residential. • Commercial: The Smith House could be reused as small office space. This use may require significant alteration to the home's interior space, and if the CITY COUNCIL MlNtJTES AUGUST 15,2000 Page 3 upper level were utilized, a second exit would need to be provided according to the City Building Official. • Residential: This use would require little, if any, change, other than rehabilitation and normal maintenance. However, any owner of the property could alter the interior to accommodate a contemporary use or necessary upgrade. Any proposed change to the exterior of the house would require a Site Alteration Permit issued by the HPC after review of the proposed changes. This review process is required of any user of the property, including the city." r Enger concluded by saying he hoped that makes it clear the HPC did recommend the Adaptive Reuse Proposal for the Smith House. Butcher said it would be wise to make that part of the record of the (August 15) meeting. Thorfinnson thought it probably should be included as part of the record for the August 1 meeting. Rosow said, since the HPC Adaptive Reuse Proposal was not presented to the Council at the last meeting, it should not be added to the record for that meeting. It could be added to the record for the August 15 meeting, and then add a footnote to the August 1 meeting minutes, stating"See minutes of August 15,2000." MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held August 1, 2000, as published and footnoted to reference the minutes of August 15,2000. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SHADY OAK TECHNOLOGY BUILDING by Mount Properties. 2n Reading for Planned Unit Development District Review with waivers on 5.52 acres, Zoning District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres. Location: 6875 Shady Oak Road. (Ordinance No. 21-2000-PUD-13-200 Ofor PUD District Review and Zoning District Change, and Resolution No. 2000-131 for Site Plan) C. US WEST ADDITION by US West. 2,d Reading for Planned Unit Development District Review with waivers within the I-2 Zoning District on 1.09 acres, and Site Plan Review on 1.09 acres. Location: 7825 Fuller Road. (Ordinance No. 23-2000-PUD-15-2000 for PUD District Review and Zoning District Amendment, and Resolution No. 2000-132 for Site Plan) D. IVERS ADDITION by Jerry Klooster. 2nd Reading for PUD District Review with waivers on 4.41 acres and Zoning District Amendment with waivers in the R1-22 Zoning District. Location: 17221 Terrey Pine Drive. (Ordinance No. 24- 2000-PUD-16-2000 for PUD District Review and Zoning District Amendment) CITY COUNCIL MINUTES AUGUST 15,2000 Page 4 E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO SOUTHWEST r METRO FOR TEMPORARY PARKING FACILITY F. ADOPT RESOLUTION NO. 2000-133 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA,I.C.96-5406 G. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR PLACING OF UTILITIES AND STREETS TO BENEFIT THE SHADY OAK INDUSTRIAL PARK H. APPROVE RELEASE OF LAND FROM THE SPECIAL ASSESSMENT AGREEMENT FOR PLACING OF UTILITIES TO BENEFIT THE FLAGSHIP ADDITION I. ADOPT RESOLUTION NO. 2000-134 APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2000 PRIMARY AND GENERAL ELECTION J. ADOPT RESOLUTION NO. 2000-135 RELATING TO JOINT AND COOEPRATIVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE MUNICIPAL LEGISLATIVE COMMISSION K. AUTHORIZE EXECUTION OF AN AGREEMENT FOR EQUIPMENT AND SERVICES RELATED TO REPLACEMENT OF THE CITY'S PRIMARY RADIO COMMUNICATIONS SITE AND TOWER L. APPROVE LICENSE AGREEMENT FOR ANTENNA LEASE ATOP MARKETCENTER WATER TOWER MOTION: Butcher moved, seconded by Case, to approve Items A-L on the Consent Calendar. Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR THE CEDAR FOREST FIRST ADDITION AND SURROUNDING AREAS, I.C. 99-5491 (Resolution No. 2000-13 Enger said official notice of this public hearing was published July 27,2000 in the Eden Prairie News and sent to 63 property owners. Al Gray, City Engineer, held a neighborhood meeting on August 14. Gray said this project consists of providing residential street and utility improvements to an existing residential subdivision of 45 properties in and adjacent to Cedar Forest First Addition, as well as utility improvements benefiting 18 land parcels along the east and west side of the First Addition. The details are in the feasibility study. Bids were opened on Friday, August 11, and the bids were very favorable. In the feasibility study, assessments to residential lots were CITY COUNCIL MINUTES AUGUST 15,2000 Page 5 estimated at $25,160. After opening the bids, it appears the assessments will come down to $23,000. Because of the maximum amount of$19,600 that can be assessed to homesteaded properties, the City will be spending more in the residential subdivision than it is proposing to assess. From his discussions with neighbors, Gray expected a number of them would be connecting to sewer and water. Gray said the other part of the notice that went out was sub-trunk assessments for 18 properties outside of the residential subdivision,based on the feasibility study. However, City Staff recommends withdrawing the utility assessments from those 18 properties at this time, because it is likely those final assessments would be different from the estimated cost in the feasibility study. Assessments will be ' proposed at a later date. Staff recommends proceeding with assessments of $11,520 on the 45 residential properties for street improvements, however. Gray said he believes the neighborhood wants the City to proceed. Mayor Harris asked if anyone wished to address the Council about the assessments. No one did. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 2000-136 approving the Special Assessments presented regarding street improvements to 45 lots within Cedar Forest Area, I.C. 99-5491. Motion carried 5-0. B. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD, Planned Unit Development District Review within the Community Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Corner of Co. Rd. 4 and Hwy. 5. (Resolution No. 2000-137 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No.2000-138 for Preliminary Plat) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 21 property owners. John Koehler, an architect with Semper Development, showed the site plan. The project is located at the southeast corner of the intersection of Wagner Way and County Road 4. The project involves removing the existing building and constructing a 15,120 square foot Walgreens and a 3,500 square foot bank. The project requires waivers for off-site parking, lot size, and side yard setback. Both buildings will have drive-up windows for customer service. Approximately 9,200 square feet of a 17.3-acre wetland will be filled. The mitigation site is at the southwest corner of Venture Lane and Highway 5. A conservation easement is shown on the plans over the wetland, wetland mitigation, and wetland buffers. The plan meets the required 15-foot wetland buffer and the required 15-foot structure setback. CITY COUNCIL AIF UTES AUGUST 15,2000 Page 6 At its June 12, 2000 meeting, the Community Planning Board voted 6-0 to recommend approval of the project,with waivers,to the City Council. Mayor Harris asked the architect to show the traffic pattern around the buildings, since both of them have drive-up windows. Koehler showed the project traffic pattern, saying there is a counter-clockwise traffic flow around each building. There is only one point of conflict, and the plan shows a wider driveway at that point. He said they could also have stop signs there. Their traffic engineers have looked into this. It is a layout used in other parts of the country. Butcher said she saw a place recently that had put in speed bumps. Koehler said they could do that. The only problem would be for snowplows. Mayor Harris said she wouldn't want to have any accidents occur, and asked the architect to look further into traffic control. Butcher asked to see where the signage would be. The architect said they will have a sign on the building, facing Highway 5, and Walgreens would have a freestanding sign. Case asked if the architect had the current traffic numbers compared with the previously approved plan. Koehler said they did do a traffic analysis that showed the current bank traffic was consistent with the 1986 traffic study. The music school, presently located in the building, creates a fair amount of traffic when parents come to pick up their children. The music school will be moving out, so traffic would be just generated by Walgreens and the bank. Case asked how much the southbound traffic turning left at Wagner Way off County Road 4 would be increased. The architect said he didn't think the traffic would be significantly more. Case said he understood there would be trees planted as a wetland buffer between the parking lot and the wetland. He asked if that buffer would include trees currently on the site, plus adding some more. The architect said that is correct. They will also put in a two-foot retaining wall. Case asked to see a map of the new wetland mitigation site. The architect showed the map of the wetland mitigation site at the southwest corner of Venture Lane and Highway 5. Tyra-Lukens said when Walgreens moved into their present site, they asked for more parking spaces than City Code allowed; She hasn't see that many spaces being used at the Walgreens,where it is located now. She asked why the architect believed 85 parking spaces were needed. Since this project is near a wetland, she doesn't like to see so many parking spaces. CITY COUNCIL MINUTES AUGUST 15,2000 Page 7 The architect said Walgreens likes to have at least 70 stalls. During the holidays they have extra staff parking there, as well as more customers. They have found that less than 70 spaces are not enough. Tyra-Lukens asked what is different about the look of this Walgreens from the standard Walgreens proposal. The architect showed pictures indicating straight lines and no pitch to the roof. He said the City's design ordinance impacts what the standard design would be. Mayor Harris asked if this Walgreens would be the same size as the one located nearby, and if Walgreens intended to maintain that one. Koehler replied the proposed Walgreens would be larger, at 15,000 square feet. Walgreens will not be maintaining the store nearby. There have already been inquiries about using that space for other purposes, such as a day care. Mayor Harris asked if there would be a safe way for senior citizens to cross the highway to get to Walgreens. Case said the senior citizens in Sterling Ponds would be likely to use this store. He suggested having a pedestrian crosswalk. Koehler agreed to do that. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-137 for PUD Concept Amendment on 3.36 acres; and approve 1"Reading of the Ordinance for Planned Unit Development District Review with waivers within the Community Commercial Zoning District on 3.36 acres; and adopt Resolution No. 2000-138 for Preliminary Plat of 3.36 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and the Council condition to look at traffic control. Motion carried 5-0. C. SCHLOTZSKY'S DELI (OFFICE DEPOT), by Midwest Expansion Ltd. Request for Planned Unit Development Concept Amendment on 4.19 acres of the Town Place Center PUD, Planned Unit Development District Review with waivers on 4.19 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19 acres, Site Plan Review on 4.19 acres, and Preliminary Plat of 4.19 acres into 2 lots. Location: 11609 Leona Road. (Resolution No. 2000-139 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2000-140 for Preliminary Plat) Enger said official notice of this public hearing was published August 3, 2000 in the Eden Prairie News and sent to 17 property owners. Scott Mower, architect for Progressive Architecture, said he was representing Midwest Expansion Ltd., AKA Schlotzsky's. The building will be owned by CITY COUNCIL AHNUTES AUGUST 15,2000 Page 8 Midwest Expansion with Schlotzsky's Deli as one tenant. The other tenant will be Caribou Coffee. The project includes a one-story, 5,299-square-foot restaurant building, located at 11609 Leona Road. The existing structure at this location, Office Depot,was approved as part of the Town Place Center PUD in 1997. This approval included a future restaurant addition to the west side of the existing Office Depot structure. The restaurant would have a drive-through. The site meets all parking requirements. There is a retention pond on the west side of the site, which has to be redesigned to meet increased runoff. The architectural material will be the same as that used for Office Depot, which will also include stone elements. Signage would be within code. They will share use of existing pylon signs being used by Office Depot. Stacking for the drive-through will allow more cars than would be anticipated. The drive-through will only be used by Schlotzsky's, not the other tenant. To accommodate traffic, they have widened the visual sight line around the building. A pedestrian crosswalk will be striped. Case said he assumed Schlotzsky's would be matching Office Depot's facade. Mower said yes,they would match it. Uram said the Community Planning Board voted �7-0 to recommend approval of the project to the City Council at its July 24, 2000 meeting. The waivers requested are a result of the need for lot division for mortgage purposes, and reduced side yard building setback from 20 feet to 17 feet for the east property line of Lot 2 and from 20 feet to 0 feet for the west property line of Lot 2. A waiver was requested for offsite signage to allow Schlotzsky's to use existing pylons. Tyra-Lukens asked if the right to use that pylon signage would transfer to subsequent owners. Uram said he believed that right would transfer, as it was part of the City's overall approval. Mayor Harris asked if there would be traffic control between the two buildings. The architect replied they have an existing stop sign and also a striped pedestrian crosswalk. They also pushed the corner of the lot back so there would be a visual sight line. Mayor Harris asked if anyone wished to speak to this proposal. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-139 for PUD Concept Review on 4.19 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment in the Regional Commercial Service Zoning District on 4.19 acres; and adopt Resolution No. 2000-140 for Preliminary Plat on 4.19 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. r CITY COUNCIL MINUTES AUGUST 15,2000 Page 9 VHI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Payment of Claims as submitted. Motion was approved on a roll can vote, with Butcher, Case, Thorfmnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND SERIES 2000B—LINCOLN PARC PROJECT B. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND SERIES 2000D—LINCOLN PARC PROJECT C. RESOLUTION AUTHORIZING NOTE AND MORTGAGE BETWEEN LINCOLN PARC APARTMENTS, LLC, AND THE CITY OF EDEN PRAIRIE Enger explained that Items A. B. and C., all dealing with the mortgage between Lincoln Park Apartments and the City of Eden Prairie, and resolutions authorizing sale and issuance of Multifamily Housing Revenue Bonds, are not quite ready. Enger asked to withdraw them from the agenda. MOTION: Thorfinnson moved, seconded by Case,to withdraw Items A. B. and C. from the agenda. Motion carried 5-0. Enger said these items will be back on the agenda for the September 5, 2000 Council meeting. X. PETITIONS,REOUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS ME. 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 CITY COUNCIL MEWTES AUGUST 15,2000 Page 10 E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Cedar Forest Street&Utility Improvements Dietz reported that bids were opened Friday,August 11,2000. The lowest responsible bidder was Minger Construction, Inc., with a bid in the amount of$961,597.58. This was $100,000 under the estimate, and the City Engineer recommends awarding the Contract to Minger Construction, Inc. Councilmembers received the report of bid results. MOTION: Case moved, seconded by Butcher, to award Contract for I.C. 99-5491 (Cedar Forest First Addition Improvements) to Minger Construction,Inc.,with a bid of$961,597.58. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 7:50 p.m.