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City Council - 09/05/2000 APPROVED MINUTES EDEN PRAIRIE,CITY COUNCIL TUESDAY, SEPTEMBER 5,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinason, 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 Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. 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 Case added two items under XIII.A. Reports of Councilmembers, one on the Birch Island Woods and the other a review of the Council Forum process. Mayor Harris added a change in the Workshop schedule. Enger added a presentation of the 2000 Community Forum and Survey, and correction to a manager's memo dated September 1, under XIII B. Reports of City Manager. MOTION: Butcher moved, seconded by Case, to approve the agenda as printed and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD AUGUST 15,2000 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Workshop held August 15, 2000, as published. Motion carried 5-0. CITY COUNCIL NIINUTES September 5,2000 Page 2 B. CITY COUNCIL MEETING HELD AUGUST 15,2000 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held August 15, 2000, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. IDLEVIEW OFFICE PARK by 78d' Street Properties, LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.21 acres, Zoning District Amendment within the Office Zoning District on 1.21 acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on Lake Idlewild. (Ordinance No. 25-2000-PUD-17-2000 for PUD District Review and Zoning District Amendment and Resolution No. 2000-141 for Site Plan Review) C. AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION SYSTEMS ON EIGHTEEN EXISTING TRAFFIC SIGNALS,I.C. 98-5472 D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THE BEARPATH ADDITION E. APPROVE AGREEMENT FOR ASSIGNMENT OF PROJECT MANAGEMENT FOR LINCOLN PARC APARTMENT PROJECT F. ADOPT RESOLUTION NO. 2000-142 DECLARING THE CITY'S COMMITMENT TO JOIN THE LMC'S "NIINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO LEASE WITH PRAIRIE PARTNERS SIX FOR LEASEHOLD EXPANSION AND NEW LEASE FOR LIQUOR STORE AT PRAIRIE VILLAGE MALL MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-G of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change,Resolution for PUD Concept Amendment, Ordinance for PUD CITY COUNCIL NHNUTES September 5,2000 Page 3 District Review and Zoning District Change, and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published on August 24, 2000, in the Eden Prairie News and sent to 54 property owners. Richard Palmiter, Vice President of Rottlund Homes, explained that the project is for 50 single-level garden townhomes, 96 three-story gable townhomes, 4 outlots and City Right of Way located south of Pioneer Trail at Dell Road. The project today is significantly different from when it was first brought to the City. A proposed commercial project has been replaced by residential, and groupings of units have been reconfigured. A conservation easement will be put in over the wooded portion of the garden townhome area from the back of the townhomes to the east property line. There will be trails along the east side of Dell Road and a sidewalk on the west side. Sidewalk connections will be made throughout the townhomes to Dell Road. A waiver is requested for the front yard structure setback from 30 feet to 25 feet for the 11 gable units along Hackbeny Court. Tyra-Lukens asked about the location of similar townhomes built by Rottlund Homes in Minnetonka. Palmiter said they are located at Hopkins Crossroads and Highway 394. Butcher asked how future expansion of Pioneer Trail to four lanes would impact the gable townhomes. Palmiter said they worked on this with City Staff, who suggested setbacks of 50 feet from Pioneer Trail. Butcher asked Dietz when expansion of Pioneer Trail is expected in this area. Dietz replied it is not in the County's 5-year CIP at this time, so it probably won't take place for 6 or 7 years. Butcher noted the proposed tree barrier between the townhomes and the road. Palmiter said they plan to transplant as many trees as possible to form a barrier. Uram said this project was first introduced at a public informational meeting with the Community Planning Board on May 22, 2000. There was discussion at that time with regard to proposed land uses and density. These changes have been incorporated into the plan. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its August 14, 2000 meeting. The recommendation included supporting a front-yard structure setback waiver from 30 feet to 25 feet for the gable units along Hackberry Court. The developer is requesting a Guide Plan change from Low Density Residential to Medium Density Residential. Mayor Harris asked if anyone wished to address the Council. CITY COUNCIL MINUTES September 5,2000 Page 4 Mike Wroblewski, 9360 Cedar Forest Road, said he is on the Heritage Preservation Commission. He has been living at the above address for a long time and expects to stay. He enjoys the area because of the wildlife he can see nearby. He likes the fact there are more trees than people in the area. He is afraid that will change with the building of the proposed development. He wanted the Councilmembers to ask themselves what is Eden Prairie and what is it becoming. The Council had a well-reasoned Guide Plan that now is being changed. Joanne Wroblewski, 9360 Cedar Forest Road, said she and her husband moved here because they loved it. She hoped the Council cares abut the people as much as the revenue from developers. The Guide Plan calls for Low Density housing for this area and now that would be thrown out and it doesn't seem to matter to the Council. The citizens need to understand the long-term plan. She referenced the heavy traffic at Pioneer Trail and Cedar Forest Road, which will get worse with more development. Doug Anderson, 9380 Cedar Forest Road, said he is against the development. He understood the Big Woods would be protected forever, but that has now been developed. Southwest Eden Prairie is getting to the point of having too many multi-housing units. He said he doesn't like to see that happening. Nearby communities are building up adding traffic. Eden Prairie is not ready with utilities or roads for this type of project. Jolene Moen, 9331 Cedar Forest Road, said she is opposed to the project. The neighborhood already has a lot to deal with because of the sewers and road improvements coming in. Amy Leighton, 9330 Cedar Forest Road, said is opposed to the project. She has three children. They love the woods and wildlife and don't think this project is right for Eden Prairie. Diana Denn, 9381 Cedar Forest Road, said she is opposed to increased density in Eden Prairie. She chose to live here in suburbia because it was more open and there are more preserved areas. Now she sees the opposite happening. It seems all the City is concerned about are tax dollars and don't think about how this development will affect the children. Connie Nichols, 9351 Cedar Forest Road, also opposed the project. She is happy with the neighborhood as it is and does not want more homes to surround the area. She had voted to keep low-density housing and does not want zoning changed to medium density. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Tyra-Lukens said she likes the architecture, however she is concerned about the density of this project. She doesn't seethe justification for a Guide Plan change. She would be opposed to the density of this development. The information in the CITY COUNCIL MU*4T=S September 5,2000 Page 5 Staff report on density was confusing. She asked for clarification on the density of the townhouse portion of this development. Uram replied the project being proposed would be developed with 50 units on 10.38 acres. The net density for these units is 4.18 units per acre. The net density for Eden Orchard PUD twinhomes is 3.12 units per acre. The 96 gable units cover 6.05 acres. The net density is 15.9 units per acre. The net density for the Eden Orchard PUD townhomes is 10 units per acre. On an overall basis, this project has a net area of 16.43 acres, and the net density is 8.9 units per acre. The net density of the multiple family portion of the Eden Orchard PUD is 6 units per acre. Based on the gross area of 22.43 acres, excluding .62 acres for future development, the gross density of the proposed project is 6.5 units per acre. This meets the guideline for medium density zoning. The gross density of the multiple family portion of the Eden Orchard PUD is 4.4 units per acre. Palmiter said regarding future development of the .62 acres, the company is looking at ponding opportunities for this acreage. In order to do storm ponding for the site as well as Dell Road, they had to treat all the water on the site. They have extended ponding in order to accomplish this. Uram said Outlot D has 1.49 acres, including .62 acres for future development to the east. He exempted .62 acres from his calculations of density,which raises the density of the project. If included, it would have lowered the density, but nothing is proposed on that site now. Tyra-Lukens said she had originally thought the .62 acres were to be used for commercial purposes. If Outlot D were approved now, it could be developed in the future. At the Community Planning Board meeting,neighbors were very clear they didn't want commercial use of the property. Tyra-Lukens asked why wouldn't the developer put a NURP pond closer to Pioneer Trail to protect the nearby houses from noise and assure neighbors there now that nothing is going to go in on there except housing. Palmiter said it is a sizing question of how large a pond would be needed. They had to put the first pond close to the second pond for piping purposes. That would make it large enough to accommodate the stormwater for the site. Case said if the location of this pond were removed, and new ponding on the new property to take care of Dell Road stormwater, that would provide more acres on the other site for development. Palmiter replied that he didn't know if that would work; however, because the curb cut of the road is already in place they have to have two separate ponds. They put the one pond near the other pond for engineering purposes. Tyra-Lukens said she wondered if permission for use of Outlot D could be postponed to the future rather than granting that permission now. Otherwise, she wondered if Outlot D could be shown with a NURP pond on it. CITY COUNCIL AI NUTES September 5,2000 Page 6 Case stated even though that Outlot doesn't affect the density now, it could in the future if it is developed. Enger said if Councilmembers weren't comfortable with the proposed use of land adjacent to Pioneer Trail, they could include that in Council conditions. If they were concerned with future use of Outlot D, that could be stated now. The developer is indicating there are some opportunities with properties to the east that would make it a better development in the future. Butcher said she would like Dietz to address the traffic in the area. There is a traffic signal planned for Dell Road at Pioneer Trail that might help traffic further down Pioneer as well. Dietz said a traffic study was done that indicates the project will cause higher traffic volumes; 80 to 90 additional trips from this project compared to what would be generated by single-family houses. Staff felt the trade-off would be that this is a desirable housing project. With regard to the traffic signal at Dell and Pioneer, it should be in place by October. Volumes are heavy on Pioneer Trail and it will take further expansion of the road to handle it. That expansion is expected in 2003 or 2004. This project has been under consideration for quite a while and is in conformance with the City's Transportation Plan. Butcher asked if this project increases the level of service much, and how long cars would have to wait at County Road 4. Dietz replied he didn't think he could give specific numbers. He believed traffic on this portion of the road will work quite well. Improvements on Pioneer Trail, from Highway 212 to Eden Prairie Road,will include the County Road 4 intersection. Case said he didn't like Guide Plan changes and always looks for justification before approving them. Building single-family homes here would be the wrong kind of houses for 2020. However, he said he felt uncomfortable with the density of this project and was reluctant to change the zoning from Low to Medium Density. For the Eden Orchard it made sense to have heavier density around a small neighborhood commercial area, primarily for the benefit of senior citizens. The City wants to see many of these small commercial areas built. However, he said the density of this project made no sense to him if the commercial portion is removed. If this project were approved as it is, the Council would have to follow the same pattern in the future. Thorfinnson said affordable housing is needed and this project would meet part of that demand. However, he also expressed concern with the density. On the east side of the road, the low profile of the garden townhomes was fine and the density is at 4.8 per acre. However, he is not comfortable with the density of the three- story units on the west side of Dell Road at 15.9 per acre. Remove 1, 2, or 3 buildings, back the others away from Pioneer Trail, and decrease the density closer to 10 units per acre. That would make a good transition across Dell Road between the east and west areas. He would suggest moving the NURP pond up toward the highway. CITY COUNCIL AM TES September 5,2000 Page 7 Butcher said she had those same concerns and would like to lessen the density on the west side of the road. She believes the project will sell very well and is needed in the City. The Council has heard from human service providers that affordable and life-cycle houses are needed, so people on fixed incomes can continue to live in Eden Prairie. Diversity in housing types creates a healthy city. Mayor Harris said she liked the project; it meets almost all of the City Council's goals for developments in the southwest portion of the City. The Council recognized the need for this type of housing because of the changing demographics in Eden Prairie, with people moving into this area who cannot afford to live in high-priced homes. She was not as concerned about the density of the project and believed Councihnember Thorfinnson provided a good alternative. Mayor Harris recommended sending the plan back to Staff. Enger said what the Council has expressed led him to believe the project needs to be significantly modified or, if not open to modification, the project would be denied. If open to modification, the developer could request continuance to significantly rework the project. To change density to the density of the Eden Orchard PUD would mean a 33-percent reduction in the number of units, or cutting 32 of the 96 units out. Palmiter said the company has worked hard over the past six months, held neighborhood meetings and public hearings. They have worked with City Staff and made many changes to come up with something that the company, City Staff and the Planning Board believed to be a good project. He asked the Council to consider that the City would be missing an opportunity to get housing for young professionals and empty nesters. Winter is approaching and they would like to begin the project this year. He believed a solution could be found. Thorfinnson said the approach of winter would be the wrong reason for the Council to approve the project at this time. The density on the east side can stay as it is, but the west side needs to be cut 30 percent to bring it in line with the other property nearby. If the developer cannot do that, Council would vote to deny the project. Mayor Harris asked Mr. Pauly for advice on how best to give the proponent time to consider Council's suggestions and directions. Pauly advised continuing the discussion until later in the agenda. MOTION: Thorfinnson moved, seconded by Baker, to continue with the agenda and return to this discussion later. Motion carried 5-0. B. BUCA ADDITION by Buca di Beppo, Inc. Request for Planned Unit Development Concept Review on 1.53 acres, Planned Unit Development District Review with waivers on 1.53 acres, Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat of 1.53 acres into 1 lot. Location: 7711 Mitchell Road. (Resolution No.2000-143 for PUD Concept Amendment, Ordinance CITY COUNCIL MINUTES September 5,2000 Page 8 for PUD District Review and Zoning District Amendment, and Resolution No. 2000-144 for Preliminary Plat) Enger said official notice of the public hearing was published on August 3, 2000, in the Eden Prairie News and sent to eight properly owners. Vicky.Vandell of Landform Engineering said this project is for a 1,507-square- foot addition to Buca restaurant and reconfiguration of the parking lot. The total building would be 10,051 square feet. They requested waivers for a front-yard setback from 35 feet to 10 feet along Highway 212 and 17.5 feet to 10 feet along Mitchell Road. There is also a request for waiver of minimum lot size from 5 acres to 1.53 acres. There will be 51 feet from Buca's lot to Highway 212. Uram said the Community Planning Board voted 7-0 to approve the project at its August 14 meeting. In order to provide Buca di Beppo with the adequate area to maintain zoning requirements, a land trade is proposed between the site owner and Mn/DOT through the City. Mayor Harris asked if anyone wished to address the Council about this project. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-143 for Planned Unit Development Concept Review on 1.53 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres; and adopt Resolution No. 2000-144 for Preliminary Plat on 1.53 acres into 1 lot; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. PROPOSED REFUNDING OF PARKWAY APARTMENTS HOUSING REVENUE BONDS (Resolution No. 2000-145) Enger said official notice of this public hearing was published on August 17, 2000,in the Eden Prairie News. Uram explained that the City Council is required to hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $13,500,000 principal amount of the housing revenue bonds to refund the housing revenue bonds issued by the City in 1990 on behalf of Welsh Parkway Apartments for the development known as Parkway Apartments. The proposed refunding would reduce debt service costs for the development. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; CITY COUNCIL AIINUTES September 5,2000 Page 9 and adopt Resolution No. 2000-145 adopting a program under Minnesota Statutes, Chapter 462C, authorizing the issuance of up to $12,000,000 in aggregate principal amount of its multifamily housing revenue refunding bonds (GNMA Collateralized Loan — Parkway Apartments Project), Series 2000A and up to $1,500,000 in aggregate principal amount of its taxable multifamily housing revenue refunding bonds (GNMA Collateralized Loan — Parkway Apartments Project), Series 2000B, approving the forms thereof, and authorizing the execution of various documents relating thereto. Motion carried 5-0. D. VACATION 00-08 ADOPT THE RESOLUTION VACATING THE CONSERVATION/ SCENIC, DRAINAGE AND UTILITY EASEMENTS OVER PART OF THE CAM ADDITION (Resolution No. 2000-146) Enger said official notice of this public hearing was published on August 24, 2000, in the Eden Prairie News and sent to one property owner. The property owner has requested this vacation to correct a platting and easement description error. The description of the easement area is larger in Lots 8, 9 and 10, Block 1 than necessary to encompass the required wetland and flood storage areas. The requested alteration will reduce the easement area to provide sufficient rear yard activity area without compromising conformance with wetland restrictions or flood storage requirements. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-146 vacating the conservation/scenic, drainage and utility easements as described in the resolution. Motion carried 5-0. E. CABLE FRANCHISE APPLICATIONS Enger said official notice of this public hearing was published on August 3, 2000, in the Eden Prairie News. Councilmember Case is the City's representative on the Southwest Metro Cable Commission and made preliminary comments regarding two franchise applications. Case said the Southwest Metro Cable Commission has acted as a channel to bring these franchise applications before the Council and to act to further send them on. He introduced Paul Sisler, legal counsel for Southwest Metro Cable Commission. Paul Zisla from Moss & Barnett said that in April 2000 the City received applications from two providers wishing to provide cable service to Eden Prairie. They were from Everest Connections Corporation and WideOpen West Minnesota LLC. Southwest Metro Cable Commission received notice of the applications. The public hearing is being held to determine the legal, technical and financial qualifications of the applicants to provide cable. Council was not being asked to authorize Staff to work on an agreement with either company. They cannot be turned down if they have the necessary qualifications. CITY COUNCIL NIINUTES September 5,2000 Page 10 1. Everest Connections Corporation (Resolution No. 2000-147) Jane Bremmer, an attorney with Larkin, Hoffman, Daly and Lindgren, LTD, represented Everest Connections. The company is part of GLA International, and the parent company is Utilicorp. This is a very well capitalized company, so raising funds is not an issue. They have a contract with Quanta worth $7.5 million. Everest Connections is a customer-service and information-service type of business. Their plan is to bring the benefits of competition to every subscriber in the City of Eden Prairie. She said it would be simpler and more cost-effective to get all services on one wire 2. WideOpenWest Minnesota LLC (Resolution No. 2000-148) George Duffy of WideOpen West Minnesota said his company is bringing competition for cable TV, and providing high-speed Internet access. They plan to provide 860 mHz, 80 television channels and 350 cable digital channels. They will deliver telephone service at competitive rates. It has been in business for well over 20 years. Competition helps stabilize rates, among other things. Mayor Harris asked if anyone present wished to address the Council. No one did. Tyra-Lukens said the City presently collects franchise fees from Time-Warner Cable, and asked if the same franchise fee would be collected from these competitors. Case replied the City would collect franchise fees from all three companies. The City would have to charge at least the same, or higher, fees to the two competitors. If the City charges them less, Time-Warner would have to be charged less. It is expected that the competition would provide additional services to residents. Time-Warner now has 70 percent of the market. These other companies believe they could get other parts of the market and still make money. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. Tyra-Lukens asked if all three cable companies would use the same cable lines or would put in new boxes for their cable network. Case replied he didn't think the City could prohibit them from putting up new boxes. There might be different ways cities can protect themselves in the event a cable company dropped out of the market after putting in half of its lines. Time-Warner has a $300,000 performance bond. The City could consider requiring a higher performance bond for additional companies to make certain the City would be well protected. Enger said his understanding is the City collects a franchise fee from each CITY COUNCIL MUWMS September 5,2000 Page 11 company based on the number of users. If the number of users in increased, then a fee could be collected from each company. If not, the one franchise fee would be divided among the three companies. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-147 regarding findings of fact with respect to Everest Connections Corporation's proposal for a cable communications franchise. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-148 regarding findings of fact with respect to WideOpen West Minnesota LLC's proposal for a cable communications franchise. Motion carried 5-0. MOTION: Butcher moved, Case seconded,to reopen the discussion on the proposed development of Prairie Village at Dell Road. Motion carried 5-0. A. PRATRiJT+ VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) Pahniter said he held a discussion with the engineer, architect and the property owner, and came up with a proposed solution that they believed addressed Council's concerns. They looked at the problem with the ponding requirements on the site and could move the pond along Pioneer Trail. Where the pond is now would then be available for future development. They proposed removing two buildings, or 18 units, from the end closest to Pioneer Trail, which would leave the rest of the units further away from the road, which adds a good feature. That leaves the engineering in place for the balance of the site. Tyra-Lukens said it still doesn't spread out the density. It would put the NURP pond in place of some of the units, but the units are just as close together as before. By leaving Outlot D undefined,it could become commercial in the future. Palmiter said Council could guide them on Outlot D. The same type of density could be transferred to the other side of Dell Road. Butcher said it is definitely an improvement, and she had no problem with the configuration of the gable homes. If 18 units were removed and the pond moved down toward Pioneer Trail,it would work better for future use in terms of Pioneer Trail's expansion. CITY COUNCIL MINUTES September 5,2000 Page 12 Case said the Eden Orchard PUD made sense because it provided a neighborhood commercial area in the southwest quadrant of the City. The amount of density in this project does not make sense when it doesn't include a commercial area. A variety of housing is needed in the City,but probably not here. Mayor Harris asked where the housing is needed. Tyra-Lukens suggested around the Southwest Transfer Station site. Case said density was increased in the Eden Orchard PUD. He asked how much more density the City is going to approve. Butcher said she believed it was a better plan with 18 units removed. It is Council's responsibility to look at all of the aspects involved for a developer to meet the City's goals. The proposal has been reviewed by City Staff and the Community Planning Board before coming to the Council for approval. Mayor Harris said the proposal is a reasonable approach to address Council's concerns. Three years ago Council set out specific goals for this area of the City to provide different housing types, etc. Each project has to stand on its own regarding density. She was comfortable with this proposal. Tyra-Lukens said part of the problem she had with this proposal is driven by what Council allowed to happen in the Eden Apple Orchard. By allowing higher density, the price of land is driven up even more. This area was guided for low density, and it is pushing the limits of medium density. The approach on Hackberry Drive has not been addressed, and she felt uncomfortable leaving that portion of Pioneer Trail without direction. Mayor Harris said Council would either have to deny the project or move forward. Enger cautioned if Council ended up with a 3-2 vote in favor of the project, it would actually be denied because zoning changes require a 4-1 vote, so that might not be the best position for the City to be in. If Council were going to deny the project,the strongest position would be to start with Guide Plan designation. Tyra-Lukens said the first question is whether there is a compelling reason to change the Guide Plan. Enger said Council could ask the proponent to continue the discussion to consider the issues. Case said he viewed taking the commercial area out of the project as a negative with regard to the remaining density. If residential was decreased and commercial added,the project might be more acceptable. Mayor Harris said she understood the developer removed the commercial CITY COUNCIL NI MUTES September 5,2000 Page 13 because the neighbors didn't want it. Palmiter said commercial developers didn't want to participate as they thought it was not viable. The property owner then looked at residential development and came to Rottlund Homes to see if they would be interested. The neighbors had some issues as to traffic, lighting, etc., if commercial were added, but this plan was not acceptable to the commercial market. They were told if they wanted commercial they would have to do it now. Case said commercial adds a certain value to the project. When the commercial area was pulled out,the value of the land changed to a residential one. Palmiter said Rottlund is paying the same price unit for what was once proposed for a commercial area. The property owners lost out when the commercial area was removed. Thorfinnson said he believed the developer made a good-faith effort to meet Council's concerns. However, he had expected the buildings to be separated. The appearance of density is the same and doesn't address the variance request along the south border on the west side. He could accept the proposed lower density if the remaining buildings were spread out more from west to east. Then it would look more like the development to the south. The lower density on the east side of the road does mitigate some of the density across the road. If the developer would incorporate some of these items, Council owes it to the developer to continue the discussion. Palmiter said they could let the variance request go so the project can go forward. The request was for minimum front yard setback from 30 feet to 25 feet for townhomes along Hackbeny Court. That request can be pulled out. In order to get the density desired, it is a matter of balancing the units on the east and west sides. Enger recommended removing the two 10-unit buildings that lie west of the entrance-road adjacent to Pioneer Trail. The two 10-unit buildings and the eight units remaining could be spread out along the streetscape and would provide a more open look. They could still relocate the NURP pond toward Pioneer Trail. Outlot C has a pond on it currently, and it could be guided to same density as the two-unit buildings. That would dictate what would happen further east. Then there would be a pretty low density along the west side of the north-south road, because there would only be three buildings to spread out along the entire frontage. Taking out 18-20 units would really open it up and then there would be a transition from the two-unit buildings to three 10-unit buildings to four buildings adjacent to Eden Orchard. It appeared that would accomplish everything Council is looking for and would eliminate any future liability about going to a higher density. Butcher said she liked the idea of removing two 10-unit buildings and spreading them out. Palmiter said regarding spreading the homes out, the style of the units doesn't lend itself to that because they are back-to-back units, with garages. They would CITY COUNCIL MINUTES September 5,2000 Page 14 not have more green space but would just have more asphalt for driveways. Tim Witham, the architect for the project, said perhaps they could remove two buildings from one end,which would create more green space. Mayor Harris told the developers that they had heard the concerns of the Council. She suggested the project be continued, but that can only be done at the developer's request. Enger suggested they ask for 30 days. He expected they would come back with a couple of alternatives. The west side needs to be more open and they need to work on the details of how that could be done. Palmiter asked if there would be an opportunity to show these alternative plans at a Council Workshop. In between,they would work with City Staff and see if they can arrive at something to Council. Pauly said first of all, if the proponent requests a continuance, Council would want to reconsider closing the public hearing and then set a date for continuance. He didn't think it appropriate to consider the matter at a workshop because it would be considered part of the public hearing. Enger suggested the matter be continued for 30 days. That would be October 3. Ordinarily they do not send out another notice to property owners unless Council requests it. Case requested that public notices be sent out again before the rescheduled public hearing. Palmiter requested that Council continue this public hearing for 30 days. MOTION: Case moved, seconded by Butcher to reconsider the motion to close the public hearing and to continue the public hearing until October 3, 2000. Motion carried 5-0. Mayor Harris asked for a vote to close the public hearing. Council voted 5-0 against closing the public hearing. Mayor Harris recessed the meeting at 9:20 p.m. The meeting reconvened at 9:35 p.m. VHI. PAYMENT OF CLAIMS MOTION: Thorfumson moved, seconded by Butcher, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfmnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2000-149 CERTIFYING PROPOSED 2001 PROPERTY TAX LEVY, ACCEPTING THE PROPOSED 2001 BUDGET CITY COUNCIL MINUTES September 5,2000 Page 15 AND SETTING DATE(S) FOR TRUTH-IN-TAXATION HEARINGS) Uram said on an annual basis, City Council is asked to certify the proposed net property tax levy by September 15 and certify it to the County Auditor. Although levy limits no longer apply, a 6 percent general fund levy increase is proposed which is consistent with past levy increases. This increase reflects the initiation of a transportation "seed fixnd" as discussed at the August 15, 2000, Council Workshop. The 2001 proposed net property tax levy is $21,099,283. In addition, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation"hearing and a date to reconvene it (if necessary). The dates of December 4 and December 19 are the most workable ones to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 19. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000- 149 that: Certifies the proposed 2001 net property tax levy to be$21,099,283; and sets the"Truth-in-Taxation"public hearing for Monday,December 4,2000 and, if necessary, to reconvene the public hearing on Tuesday, December 19, 2000; and accepts the proposed 2001 budget of$28,905,873 as reviewed by the Council on August 15, 2000. Motion carried 5-0. B. RESOLUTION NO. 2000-150 CERTIFYING PROPOSED 2001 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH- IN-TAXATION HEARING(S) Uram said that on June 6,2000,the City Council declared its intent to exercise the Local Transit Services tax levy option for taxes payable in 2001. Certifying the amount to be levied is the next step in this process. In conjunction with the City, this amount must be certified to the County Auditor by September 15. The final levy adoption is required by December 19. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-150 that: Certifies the proposed 2001 Local Transit Services tax levy to be $2,595,187; and sets the "Truth-in-Taxation" public hearing for Monday, December 4, 2000 and, if necessary, to reconvene the public hearing on Tuesday, December 19, 2000. Motion carried 5-0. C. RESOLUTION NO. 2000-151 AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND SERIES 2000B—LINCOLN PARC PROJECT Uram said on September 7, 1999, the City Council held a public hearing for the purpose of receiving comments on the proposed issuance of multifamily housing revenue bonds for the development of a 186-unit multifamily rental housing project located at 8030 Eden Road. On November 16, 1999 and on April 28, 2000, additional public hearings were held to adopt an amended housing program. The purpose for amending the housing program was to advise the Council that the original borrower (Community Housing Corporation of America) had been replaced by Lincoln Parc Apartments, LLC. No comments were received at any CITY COUNCIL MFit=S September 5,2000 Page 16 of the public hearings. Closing of the project is scheduled for October 2000. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 2000-151 authorizing the Sale and Issuance of Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan — Lincoln Parc Project), Series 2000A, and Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000B, in the aggregate principal amount of$28,000,000. Motion carried 5-0. C. RESOLUTION NO. 2000-152 AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND SERIES 2000D—LINCOLN PARC PROJECT MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 2000-152 authorizing the Sale and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000C and Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 20001), in the aggregate principal amount of$3,235,000. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XH. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Mayor Harris's Request to Change Workshop Schedule Mayor Harris requested a change in the Council Workshop schedule by moving the technology discussion, scheduled for September 19, to October 3. On September 19 she would like to discuss Council process and decorum. 2. Councilmember Case's Request for an Update on Status of NeLrotiations for Birch Island Woods Case said he took a tour of Birch Island Woods, which the County is offering for sale to the City. He asked if Mayor Harris could give the status of negotiations with the County. Mayor Harris said Council authorized a letter to be sent by her to the Chair of the Board of County Commissioners. This was followed up by a personal meeting, where they discussed several scenarios. She is waiting for a response from the Commission Chair. CITY COUNCIL NIINUTES September 5,2000 Page 17 3. Councilmember Case's Request to Review the Council Forum Case said that, because of his perception of the low frequency of use by the public of the Council Forum process, he would like to look at alternatives. Case stated he believes they have moved backward from the goal of remaining very open and accessible to the public. Mayor Harris said they could discuss alternatives at a Council Workshop. She asked Staff to establish a date on the Workshop calendar. Council would like to have any data that are available as to the frequency of appearances at the Open Podium to compare with the current Council Forum. She said one thing that was unsatisfactory when the Open Podium process was used, was that the Council could not immediately address the issues brought to the podium, whereas with the Council Forum the issues are identified beforehand, and Staff can be prepared to address them at the Council Forum. Case would like to know what other city councils are doing to address this need and potential problems that may arise. B. REPORT OF CITY MANAGER 1. Board and Commission Resignations a. Community Program Board(Mary Coffer) Enger stated that Mary Coffer, Vice Chair of the Community Program Board, has tendered his resignation effective August 18, 2000. His departure leaves that position open and also leaves the Board one member short per Charter requirements. The City Council needs to appoint a member to fulfill the Vice Chair responsibilities and initiate the process to develop a candidate slate for appointment to the Community Program Board. Dick Brown, a current Community Program Board member, has indicated his willingness to serve as Vice Chair. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to accept the resignation of Mary Coffer from the Community Program Board effective August 18, 2000, and to extend thanks to him for his service to the City. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to direct Staff to initiate the recruitment process to identify candidates for the Community Program Board; and to appoint Dick Brown Vice Chair of the Community Program Board. Motion carried CITY COUNCIL MINUTES September 5,2000 Page 18 5-0. b. Board of Adjustments and Appeals (Mary Vasaly) Enger said Mary Vasaly tendered her resignation from the Board of Adjustments and Appeals on July 19, 2000. Appointment to fill this position will be made as part of the annual Board and Commission appointment process. MOTION: Butcher moved, seconded by Case, to accept the resignation of Mary Vasaly from the Board of Adjustments and Appeals. Motion carried 5-0. C. 2000 Community Forum/Survey Enger said in November 1997 the City brought people in to focus on five critical areas of concern to citizens. The Community Forum helped address the City's strategic initiatives and strategic plan. The City now wishes to update its comprehensive Park and Open Space System Plan to address changing community needs through a forum and survey process. The 2000 Community Forum would focus on leisure services. Eden Prairie has retained DS Griffin and Associates to conduct four electronic brainstorming/Community Forum sessions among approximately 100 residents that statistically represent the City's population. Four different age groups would be represented. Wirthlin Worldwide has been retained to develop the statistical sample of residents, using a random-digit dialing method. Within 60 days following the 2000 Community Forum meetings, Eden Prairie will survey residents via mail using the findings from the Community Forum meetings to help determine the scope of the survey. The City Council and Service Area Directors are being asked to answer four questions regarding the Community Forum/Survey: 1. What message are we trying to deliver? 2. What do we intend to do with the information? 3. How will the information impact our decisions? 4. How will our survey complement the 2000 Census? Enger said he would appreciate Council writing their answers to these questions and Staff will collate them and bring them to the September 19 Council Workshop for a short discussion. d. Correction of Memo to Council from City Manager Enger said that a memo he sent to Council was meant to be a brief CITY COUNCIL MINUTES September 5,2000 Page 19 status of the Request for Proposals on the Historic Houses. In the memo was a portion of the informal report given by the Chair of the Heritage Preservation Commission at the July 18 Council meeting, taken from the minutes of that meeting. This was inadvertently referenced as a motion made by the HPC. Enger said he has sent a corrected memo to Council, dated September 5, 2000. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Minnetonka School District Memorandum of Understanding with the City of Eden Prairie Lambert explained that Eden Prairie has been involved with Minnetonka School District 276 since 1972, through a memorandum of understanding, to provide City funding of the Minnetonka Community Education Program. Since Eden Prairie has its own park and recreation services and provides a well-rounded recreation program for all its residents, Lambert said it is appropriate for Eden Prairie to terminate the agreement and the payment of$1,427 annually. MOTION: Tyra-Lukens moved, seconded by Butcher, to terminate the Memorandum of Understanding between the Minnetonka Public School District 276 and the City of Eden Prairie that provides direct City funding of the Minnetonka Community Education Program. Motion carried 5-0. 2. Conservation Areas Survey and Management Plan Lambert said the City of Eden Prairie and the Riley/Purgatory/Bluff Creek Watershed District received a Greenways Planning Grant for development of a survey and management plan for the following conservation areas in Eden Prairie: • Edenbrook • Edenvale • Lower Purgatory Creek • Purgatory Creek • Riley Creek • Timber Creek • Westgate The Conservation Areas Survey and Management Plan was completed in June 2000 and provides a survey of the plant communities, as well as management and restoration plans for each of the seven sites. The plan prioritized the steps that should be taken in order to preserve the highest quality sites. The second phase will be to go back and develop plans and specifications for developing access points and trails to provide public access to these sites. The City would apply for another Greenways grant to do this work. CITY COUNCIL AI NUTES September 5,2000 Page 20 Enger explained the plan was reviewed by the Community Program Board, which understood there is no money to develop the sites. The request for funding would have to go into the CEP discussion of all other City services and needs. MOTION: Butcher moved, seconded by Case, to approve the Eden Prairie Conservation Areas Survey and Management Plan dated June 2000. Thorfinnson asked if the motion should include a statement that the City has no way of funding development of the sites, and it has to go into the CIP for determination of priorities. Enger agreed it would be appropriate to include that in the motion. He suggested it include language to instruct Staff to review development, management and programming funding needs, and to include that as part of the discussion on updating the Capital Improvement Plan. Butcher agreed to accept this language and Case also agreed. The amended motion would read: MOTION: Butcher moved, seconded by Case, to approve the Eden Prairie Conservation Areas Survey and Management Plan dated June 2000; and to instruct Staff to review development, management and programming funding needs, and to include that as part of the discussion on updating the Capital Improvement Plan. Motion carried 5-0. 2. Settler's Ridge Tree Removal and Mitigation Report Lambert reported that while he was out looking at a trail project on August 16, he noticed a significant number of trees were cut down in the Settler's Ridge project that seemed to be beyond the grading plan limits. He asked the City Forester to check the limits and he found that more than 400 trees over one inch in diameter, beyond the grading plan limits, had been cut down. The developer, Dan Herbst, was extremely upset when he found out, and agreed it was a mistake. Tree-Top Tree Service was hired to cut some trees down and the developer pointed out to him the trees to be removed. The tree service owner said he was short of help and sent two inexperienced people to remove trees. Lambert said the developer has apologized and agreed to do anything the City asks him to do to solve the problem. Staff told him to remove the trees cut down, re-stabilize the slopes, and replace the trees, inch per caliper inch. A total of 2,234 inches will be replaced. Case asked if they would be replacing the red cedar trees with red cedar, which is not indigenous to the area. Lambert replied they would not be replacing with red cedar, but would want to have some fir trees that will survive on the slopes. CITY COUNCIL N EWMS September 5,2000 Page 21 Tyra-Lukens said the letter from Dan Herbst was very remorseful. Lambert replied this developer has been very cooperative and takes 100 percent responsibility for the mistake. Lambert assumed the removal of downed trees and their replacement would be taken care of the way Staff asked him to do it. Mayor Harris said she was pleased the developer accepted full responsibility and is going to take care of the problem quickly. Thorfinnson said if it hadn't been for Lambert, he wondered when this mistake would have been discovered. Lambert said the City would probably have caught it within a couple of weeks. The City has engineers inspecting the grading projects. Enger said his understanding is that the college students who cut the trees were almost done before they were stopped. There is a huge tree loss involved here. Staff had increased the consequences of doing this type of thing. Many of these trees were only one inch in diameter. Staff asked the developer to replace every single tree and shrub. That is three times as much as the City's Ordinance would require. Staff may be asking Council for changes in the City Ordinance to make the consequences very stringent for developers. Also signs could be put up informing others of the consequences of cutting trees not on their own property. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 10:25 p.m.