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City Council - 10/03/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 3 2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Counci members 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, Michael Franzen, City Planner, 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. PROCLAMATIOIS RECOGNIZING GERRY BECKMANN Mayor Harris read a proclamation, recognizing Gerry Beckmann's commitment to serving the people of the community through People Reaching Out to People (PROP) which she began 30 rears ago. Mayor Harris presented her with the key to the City. Ms. Beckmann responded by saying PROP succeeded through the hard work and generosity of many different people, organizations and schools. She thanked the City for this honor. IV. RECOGNITION OF COUNCILMEMBER THORFINNSON BEING NAMED "TRANSPORTATION ADVOCATE OF THE YEAR 2000" BY THE MINNESOTA TRANSPORTATION ALLIANCE Fred Corrigan, president of the Minnesota Transportation Alliance, presented Councihnember Tho son with a plaque, naming him"Transportation Advocate of the Year 2000"for his outstanding leadership in the area of transportation. V. COUNCIL FORUM INVITATION Council Forum is held the first and third Tuesdays of the month from 6:30—6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by i loon of the meeting date with your request. CITY COUNCIL MINUTES October 3,2000 Page 2 VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added two items on road safety issues, and Tyra-Lukens added an item on the Southwest Metro Transit, and another on the Hennepin County Emergency Metro Service Council, under XV.A. Reports of Councilmembers. Enger added Item 4. Under XV.B. Reports of City Manager, requesting that Council hold a special meeting for the purpose of approving industrial revenue bonds for Micro Dynamics. Enger added Item D. under IX. Public Hearings, authorizing a tax rate increase for the 2000 tax levy, due in 2001. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VH. MINUTES A. CITY COUNCIL WORKSHOP HELD SEPTEMBER 5,2000 MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Workshop held September 5, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD SEPTEMBER 5,2000 Harris made a correction on page 7, paragraph 6. The first sentence should read, "Mayor Harris asked Mr. Pauly for advice on how best to give the proponent an opportunity to consider Council's suggestions and recommendations." MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held September 5, 2000, as published. Motion carried 5-0. C. CITY COUNCIL MEETING ADJOURNED SEPTEMBER 19 2000 Pauly said although the meeting was adjourned due to a lack of quorum, the only way to document the meeting is to have the minutes approved. MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting adjourned September 19, 2000. Case and Tyra- Lukens voted aye,with Butcher,Thorfinnson, and Harris abstaining. VIH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. GRACE CHURCH by Grace Church. 2nd Reading for Planned Unit Development District Review with waivers on 63 acres, Zoning District Change from Rural to Public on 63 acres, Site Plan Review on 63 acres, and EAW Review on 63 acres. Location: South of Pioneer Trail, East of Eden Prairie Road, West of Spring Road. (Ordinance No. 26-2000-PUD-18-2000 for PUD District Review and Zoning CITY COUNCIL MINUTES October 3,2000 Page 3 District Change, Resolution No. 2000-153 for Site Plan Review, and Resolution No. 2000-154 for EAW Review) C. ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 8.97 acres, Zoning District Change from C-Reg-Ser to RM — 2.5 on 7.95 acres and Office on 1.02 acres, and Site Plan Review on 8.97 acres. Location: Southeast Corner of Prairie Center Drive and Rolling Hills Road. (Ordinance No. 28-2000-PUD-20- 2000 for PUD District Review and Zoning District Change and Resolution No. 2000-155 for Site Plat Review) D. EDEN ORCHARD PUD 1ST AMENDMENT (Cole Property) by Thompson Land Development. 2nd Reading for Planned Unit Development District Review with waivers on 11.27 acres and Zoning District Change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres. Location: 17251 Cedarcrest Drive. (Ordinance No. 29-2000-PUD-21-2000 for PUD District Review and Zoning District Change) E. SUMI ERHILL SENIOR COOPERATIVE by Realife, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM—2.5 on 3.09 acres, and Site Plan Review on 3.09 acres. Location: Valley View Road and Smetana Lane (Ordinance No. 22-2000- PUD-14-2000 for PUD District Review and Zoning District Change and Resolution No. 2000-156 for Site Plat Review) F. BUCA DI BEPPO ADDITION by BUCA, Inc. 2nd Reading for Planned Unit Development District Amendment with waivers on 1.53 acres, Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres, and Site Plan Review on 1.53 acres. Location: 7711 Mitchell Road. (Ordinance No. 20-2000-PUD-22-2000 for PUD District Review and Zoning District Amendment and Resolution No.2000-157 for Site Plat Review) G. ADOPT RESOLUTION NO. 2000-158 APPROVING THE FINAL PLAT OF ANDREAS H ADDITION H. ADOPT THE RESOLUTION NO. 2000-159 APPROVING THE FINAL PLAT OF BUCA ADDITION I. RECEIVE PETITION AND ORDER FEASIBILITY REPORT FOR CEDARCREST DRIVE BETWEEN RILEY CREEK RIDGE AND CEDAR FOREST FIRST ADDITION IN SECTION 20, I.C. 00-5520 (RESOLUTION NO.2000-160) J. ADOPT RESOLUTION NO. 2000-161 AUTHORIZING EXECUTION OF A GRANT CONTRACT WITH THE NHNNESOTA DEPARTMENT OF PUBLIC SAFETY, STATE PATROL DIVISION OPERATION NIGHTCAP CITY COUNCIL MEWTES October 3,2000 Page 4 K. ADOPT RESOLUTION NO. 2000-162 AMENDING RESOLUTION NO. 99- 229, RELATING TO PROPOSED REDUCTION IN NON-PREAE-TEWE ICE RENTAL ON SCHOOL DAYS L. ADOPT RESOLUTION NO. 2000-163 APPROVING APPOINTMENT OF ELECTION JUDGES/STUDENT ELECTON JUDGES FOR GENERAL ELECTION M. ADOPT RESOLUTION NO. 2000-164 AUTHORIZING THE MAYOR AND CITY MANAGER EXECUTE DOCUMENTS TO CONVEY EXCESS TH 212 RIGHT-OF-WAY PROPERTY TO BUCA DI BEPPO,INC. N. ADOPT RESOLUTION NO. 2000-165 AUTHORIZING THE PHASE H APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT(LCDA)PROGRAM O. ADOPT RESOLUTION NO. 2000-166 REQUESTING A LIMITED USE PERMIT TO ALLOW CONSTRUCTIONOF THE BRYANT LAKE TRAIL WITHIN TH 212 RIGHT-OF-WAY P. PROCLAMATION SETTING OCTOBER 28, 2000, AS MAKE A DIFFERENCE DAY IN EDEN PRAIRIE MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-P of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT FOR THE HIGHVIEW DRIVE/LAKELAND TERRACE NEIGHBORHOOD (RESOLUTION NO.2000-167) Enger said official notice of this public hearing was published in the August 31, 2000 Eden Prairie News and sent to 20 property owners. Al Gray showed information on assessments for street and storm sewer costs. The amounts to be assessed are in accordance with the feasibility study. This fall only utilities will be put in on Highview Drive. One letter was received from the Mulligan family on Highview Drive, who feel the assessments exceed the benefit to the property because they have a relatively new utility system. Gray held a neighborhood meeting about two weeks ago. There was some concern because it is later in the year than anticipated. Residents wondered about starting this later in the year. He sent a memo to the residents on the assessment role, informing them of the assessments and that the City plans to proceed to get the utility system in which meets the needs of the neighborhood. The road on Highview Drive that is disturbed by the utility work will be restored with a gravel base before winter. Next spring the final curb, gutter and street paving will be done. He met with residents earlier that evening and informed them. CITY COUNCIL NIINUTES October 3,2000 Page 5 Fifteen properties on Highview Drive will be assessed $9,718.51 for the street improvements. Utility improvement of the project will be excluded for up to five years or up to connection, and will be back next fall with assessments for those who make the connection. In addition, each of the properties within the Lakeland Terrace area will be assessed $2,160 for their share of the improvements to Highview Drive that are used by all residents in the area. Case asked for the maximum length of time residents might be without a navigable road. Gray replied Highview Drive connects to Pioneer Trail and there is no other way in or out. When the utility work begins, they will not have a way out. The City is negotiating with residents in Chanhassen to allow traffic to go about 50 feet across a field and then use a private driveway for ingress and egress. There will be a period of about five to six weeks when it will be difficult to get around the excavations and before the trench is backfilled. Case asked if the City would work with the school district on a bus route. Gray replied he didn't know what the school district will do but they may pick children up on Pioneer Trail. Case asked if the Council is voting on just the street improvements or both street and utilities. Gray said at this time Council is voting on the assessments for the street improvements only. Later in the evening Council would be asked to award a contract for both street and utility improvements. Assessments for utilities are excluded for five years; however, utilities will be put in this fall. Dietz explained that has been the City's policy for a number of years. The five-year exclusion is done with the understanding that some people have septic systems that are still functioning. The amount levied in five years or whenever they connect will be a fixed amount established at this meeting, and there will be no interest added to that amount. 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. 2000-167 approving Special Assessments for street improvements in the Highview Drive/Lakeland Terrace Neighborhood (I.C. 96-5406). Motion carried 5-0. B. LARIAT CENTER III by Lariat Companies, Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. (Resolution No. 2000-168 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2000- 169 for Preliminary Plat). CITY COUNCIL MW=S October 3,2000 Page 6 Enger said official notice of this public hearing was published in the August 17, 2000,Eden Prairie News and sent to 38 property owners. Dennis Troyam of Lariat Companies, Inc. said this project is a 14,271 square foot two-story building with office, retail and restaurant uses. A waiver for a zero lot line setback to the existing structure and parking is requested. Uram said the project was first reviewed by the Community Planning Board at their February 14, 2000 meeting and recommended for approval to the City Council. Council reviewed and approved the plan at its meeting on March 21, 2000. The plan indicated that a wetland on the property would be preserved. After this approval, Lariat Companies presented new information suggesting that the wetland on the site is exempt from the City regulations. A Technical Evaluation Panel (TEP) concluded that it was not a wetland. The Community Planning Board on August 28 voted 7-0 to recommend approval of the project to the City Council. The wetland could be filled and used for parking at Chevy's restaurant at some future date. Dietz explained that when the Council approved the original plan there were questions about whether this wetland would dry up, or if drainage would be directed to it and it would remain a wetland. A conservation easement was needed over the wetland. Upon investigation it was discovered that during the mid-70s the area was filled, including the area where the wetland exists. However, drainage went to one corner of the area adjacent to Chevy's restaurant. That caused another wetland to develop. Another TEP was formed, including Riley-Purgatory-Bluff Creek Watershed District, the DNR, Hennepin County, the Board of Water and Soil Resources and City staff, and met on site to evaluate the wetland. The TEP concluded the wetland would dry up because it was dependent on surface water drainage that will no longer drain to it; and therefore would be exempt from the Wetland Conservation Act due to the previous actions to fill the wetland. The subsequent reestablishment of wetland conditions was determined to be "solely by actions, the purpose of which was not to create or reestablish the wetland." The wetland falls under WCA Exemption No. 5. The Watershed District has signed the TEP Findings of Fact and will be granting this exemption. City staff concurs with the recommendation from the TEP. Case asked if the new plan is identical to the one approved in March, with the exception of the wetland area. Dietz said it was. Case asked if the NURP pond that was originally approved could contain the surface water after the wetland is filled. Dietz replied it could. With this new information about how the wetland was created, the conclusion was that because the water will be routed into the NURP pond,the wetland would not survive. Tyra-Lukens referenced the Staff Report that mentions "the following waivers were granted", but as none were listed she wondered why, because she recalled there was at least one waiver requested for the zero lot line setback. Franzen replied that the waiver for a zero lot-line setback is still part of the request and is for an existing structure. CITY COUNCIL MINUTES October 3,2000 Page 7 Butcher said she does not like to see the green space in the plan become parking space. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution No. 2000-168 for PUD Concept Amendment on 4 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers and Zoning Amendment within the C-Reg-Ser Zoning District on 4 acres; and adopt Resolution No. 2000- 169 for Preliminary Plat on 4 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footings and foundation permit to Lariat Companies to proceed with construction at their own risk. Motion carried 5-0. C. PRAIRIJ 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 No. 2000- 170 for Guide Plan Change, Resolution No. 2000-171 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution No.2000-172 for Preliminary Plat) Enger said official notice of this public hearing was published in the August 24, 2000, Eden Prairie News and sent to 54 property owners. Fifty-four Residential Notices were sent again on September 22, 2000. The project was continued by the City Council at the September 5 meeting with the direction to revise the plan to reduce the density, increase the open space areas, and eliminate future development on Outlot D. Residents within 500 feet of the property were notified of the continued hearing. Richard Palmiter, Vice President of Rottlund Homes, said they have worked with City Staff to revise the plan. Staff directed certain changes, and the company concurs with those changes. He asked for approval from the Council. Palmiter reviewed the changes. The first change is in the density of the gable units on the west side of Dell Road, where 20 units were eliminated. Ten were located on the corner of Dell and Pioneer, and ten more were eliminated from throughout the project, creating more open space. They were able to move the buildings to the north, allowing greater distance along Hackberry Court. By reducing those units will allow approximately one-half acre of open space at the CITY COUNCIL MINUTES October 3,2000 Page 8 corner of Dell and Pioneer. That will allow them to preserve the existing tree area and they will supplement those with additional trees along Pioneer and Dell. Across Dell to the ponding area they will dedicate Outlot D to the City for ponding purposes. The pond has been moved farther to the north, closer to Pioneer Trail. Outlot D will be landscaped to create a buffer. This will give a more open feeling to the area. They will move the buildings farther away from Hackberry Court and will not be asking for any waivers or variances. These are the changes that were made,working with Staff at their direction. Tim Witham, the architect for the project, said the garden townhomes on the east are designed for empty nesters and seniors. They are mostly two-unit buildings. This area was not changed as it was indicated at the last meeting that this was all right the way it is. In the gable section there are eight-unit, 10-unit, and 12-unit buildings. They took some units out of the buildings to allow for an increase in the open space on the perimeter and the interior. They are three-story buildings with strong exterior delineation, gables, bay windows, and decks that extend over the garage doors, concealing them and lessening their impact. Franzen said before Staff began discussions about the changes to the site plan, he and Stuart Fox went out to look at the property. They looked at the tree mass along Pioneer Trail that was going to be removed in the original proposal. The health of the existing trees is very good. These can be used as a natural buffer to reduce visual impact. It was decided to remove some townhomes from the front and a few out of the interior, leaving open space along Dell Road. They instructed Rottlund Homes to do this and to use the natural tree mass to provide a buffer. The area along the east side of the road, used for ponding, was dedicated to the City, meaning there will be no future density transfer to the adjoining property to the east. With the pond being open space, and the conservation area behind the garden townhomes, that becomes the transition to the area to the east. There are about 20 acres between this site and the homes along Cedar Forest Road and Cedar Crest Road. Those two elements of the plan mean that area could be developed as low-density residential. Regarding architecture, part of the growth strategy for the southwest area of the City was to have different densities and building types so all units would not look the same. Because of this type of architecture, being three stories, the heavy use of the gables and type of decks helps with the diversity of housing in the area. Therefore, City Staff supports this project and believes it is consistent with Council's instructions. Mayor Harris asked if anyone wished to address the Council on this project. Diana Denn, 9381 Cedar Forest Road, said she is still against the large density being proposed. She agreed the developer has made some improvements, but not enough. She expressed concern with the increase in traffic this project would generate and how this will affect taxes for infrastructure in the future. Pioneer Trail will likely be widened within the next ten years. Denn wondered whether the run-off from the property would affect Riley Creek due to lack of planning. She also expressed concern about wildlife in the area because people will use pesticides on the property that would affect the groundwater. CITY COUNCIL MNUTES October 3,2000 Page 9 Joanne Wroblewski, 9360 Cedar Forest Road, said she was uncomfortable with the density of the project. She wanted to know how many units per acre there would be. With the Guide Plan being changed, she believed the vision for Eden Prairie has been lost. It appeared the density in the apple orchard has accelerated growth of high density in the area. Regarding traffic, there is a serious problem both east and west of Highway 4. Utilities are overburdened now. In the proposed development she didn't see much green space. Regarding sprawl, she quoted from a speech by Governor Ventura, who said failure to take action will lead to endless consumption of farm land. Wrobewski asked Council to think about the impact urban sprawl is having on the land and wildlife. Communities can be shaped by choice or shaped by chance. Wroblewski hoped the Council would listen to what residents are saying to help get the kind of community that residents want. Doug Anderson, 9380 Cedar Forest Road, said he believed this is a "no win" situation for residents who would like the area to be the way it was twenty years ago. He hoped that because of the precedent Council is setting it isn't putting aside City goals. There are not enough roads through the area to accommodate this kind of housing density. Anderson said the City used to require ten-acre lots, and he wondered if that was moving in the direction of one-tenth of an acre. Andrew Matthews, 8895 Bradford Place, said he is strongly opposed to any further building anywhere in Eden Prairie, because there is beautiful nature here and the City should preserve it. Mark Michelson, 17151 Cedar Crest Drive, said in the case of construction in the apple orchard, the City got a trade-off of land from the developer. That was supposed to be the reason Orrin Thompson was allowed to build a higher-density project. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. Case said he wanted to be consistent with the density of the apple orchard project and asked for a comparison of the gross density of this project to the apple orchard property. He wondered if the density of the project itself could be isolated from the acres around the project. Franzen replied the gross density of the Eden Orchard, including twinhomes and townhomes and adjacent acres, is 4.4 units per acre. The proposed project under discussion has a gross density, including all land, of 5.5 units per acre. The Orrin Thompson project includes a two-acre NURP pond, so if that were removed from the calculation, the net density would probably go up to 12 units per acre for the land that is immediately adjacent to the gable townhomes. There are six acres for 76 proposed gable townhomes, with the NURP pond removed, the net density would be 12.6 per acre. CITY COUNCIL NIMUTES October 3,2000 Page 10 Case asked for the decision on Outlot D. Franzen explained that Outlot D is being dedicated to the City and would not be used for future development but for treatment of storm water. Tyra-Lukens said when she asked for clarification on the density of this project and Eden Orchard at the previous meeting, this development had 50 percent greater density than Eden Orchard, whether one looked at net or gross density. Franzen said net density of the gable townhomes would be 15.9 units per acre. One reason Eden Orchard has smaller density is the additional open space along Riley Creek and conservation easement. Tyra-Lukens said she likes the look of the gable homes and it meets a need for the City of providing affordable homes. However, she doesn't like them in this location. She could see them being built closer to where there are city amenities and infrastructure, as there is at the center of the city. There are no parks, schools, libraries, jobs or shopping centers near this development. Southwest Metro Transit has no bus service on Pioneer Trail. The reason the apple orchard was allowed to have higher density was because of the trade-offs for outlots. The density in this proposed project was driven by higher density in Eden Orchard. The proponent has made improvements to the plan, but the Council needs to look at it in context with the area. Thorfinnson said the proponent has made an effort to bring back a project Council could support. Case said he agreed with most of what Tyra-Lukens said. We granted higher density in Eden Orchard as a trade-off for land along Riley Creek. He expressed concern about starting a domino effect by approving this project. The gross density at Eden Orchard is 4.4 units per acre. This developer needs to be able to match the density that is on the borders of their property. Butcher said she had the same concerns that land is being gobbled up in Eden Prairie. When she drives down Pioneer Trail she feels there is too much housing. However,the City is preserving 65 percent of the land in the southwest part of the City as open space. There are only 800 acres remaining that can be developed, and 3,100 acres are being preserved as open space. Butcher said she liked the project. She appreciates the buffer between the Cedar Forest area to the garden- type townhomes, which eases the transition. Although the density is higher than in the surrounding area she didn't know how much more the proponent could be asked to change the density and have it be a viable project. If developers continue to build homes that are out of the price range for our young adults, that is not creating a healthy community. Butcher said she supports the project because it is in an affordable price range. Mayor Harris said she liked the product and the diversity it offers also. The history of the City shows that bus transit follows density after it is in place. The fact is people are looking for smaller homes whether they are young or old. There is very little housing available for those who are first-time home buyers, and this CITY COUNCIL MEWTES October 3,2000 Page 11 project provides that. The net density of 12.6 units per acre seemed reasonable. When Council held its Workshops in which we discussed how residuals of this City should be developed, they acknowledged they would make trade-offs in terms of density for open space. Pauly explained that because of the requirement for a four-fifths majority to make changes for rezoning in the Comprehensive Guide Plan, he recommended two motions. One that includes in reference to the Comprehensive Guide Plan change, approving the first reading for zoning district change, which requires a four-fifths vote, and a second motion adopting the resolution for preliminary plat requires a simple majority. If the first motion fails, that may be reason for those voting in favor of it to vote against the second motion. Enger said it might be appropriate to inquire if the developer would wish to withdraw the project prior to voting by the Council. Upon denial of a project, the zoning ordinance does not allow the same or similar project to be brought before the City within a one-year period of time. He would assume a project of similar scope might be brought forth by another developer of this property. Council may be setting a policy on what the maximum density on this would be in the future. It may be in the proponent's interest to withdraw rather than to obtain a denial. Palmiter said he understood they were directed to come back with this revised plan. The City wants affordability without density. If they needed to come down to four units per acre they would like to have known this a month ago. He understood they were to consult with Staff and they worked with City Staff to revise the plan according to what they thought they heard at the last meeting. Tyra-Lukens said she thought it was clear at the last meeting the developers were to come back to this meeting with a density of closer to the 10 units per acre that Eden Orchard townhomes has, by eliminating one, two, or three buildings. It seems the developers have come back with the same counter-proposal they had at the last meeting,which was a reduction of 20 units. Palmiter said he thought that is what Council wanted. He consulted with Staff and they heard the same thing. Case said he would like to continue to be consistent in the amount of density approved. The density presently in this plan is too much. Pahniter said in order to get this zoning changed he understood Council wanted this density as shown on the new plan. Outlot D is being given back to the City and won't be developed. Dell Road has been improved. It seemed to make sense for the transition from the Eden Orchard to Dell Road, going from two-story to one-story to three-story townhomes. He believed there are a lot of trade-offs. The closer one goes into the core of Eden Prairie the higher the prices. What is made up in density is lost because of the high cost of the land. CITY COUNCIL MINUTES October 3,2000 Page 12 Thorfinnson said this disturbed him because he didn't know what final words were used at the last meeting before sending the developer off to make revisions. He understood Council said the east side of the road is fine, with the garden units providing a good transition between the neighborhood and the higher density gable homes across the road. He understood the concern about the lot on the east side and the City not being able to control what was going to happen there. That has been put into an outlot that will be preserved. His impression was that except for that lot on the east side of the road, Council's concern was the density of the gable units. He believed it would be totally appropriate for them to match or come close to the Orrin Thompson property in terms of density between that property and Pioneer Trail. Some Councilmembers are trying to match the density of the Orrin Thompson property with the gable homes. He felt disturbed by the way this has come down, because the developer has made a good-faith effort based on what he thought the concerns were. He knew it was problematic because two Councilmembers were opposed to the Guide Plan change to begin with. To hold this particular project to the overall density of the apple orchard property is difficult because they are not comparing the same kind of project. He understood they were to compare the gable product to the Orrin Thompson product. Mayor Harris asked if the proponent wished Council to vote on the project or if he wished to withdraw it. Palmiter said Council could vote on it. MOTION: Thorfinnson moved, seconded by Butcher, to adopt Resolution No. 2000-170 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres; and adopt Resolution No. 2000- 171 for Planned Unit Development Concept Review on 23.05 acres; and approve 1"Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to the RM-6.5 Zoning District on 23.05 acres. Motion failed, with Harris, Thorfinnson and Butcher voting aye, and Tyra- Lukens and Case voting"nay". MOTION: Thorfinnson moved, seconded by Butcher, to adopt Resolution No. 2000-172 for Preliminary Plat on 23.05 acres into 59 lots,4 outlots and City Right of Way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and direct Staff to issue an early land alteration permit to Rottlund Homes to proceed with grading at their own risk. Pauly explained if the majority of Council was in favor of that motion it would approve platting. However, zoning will not permit building on those lots. The second motion needs to be voted on; otherwise it is automatically approved. Enger said the zoning change has failed, so that should be taken into consideration when voting on the plat, in order to use the fact that the zoning is inconsistent. Council would deny the plat because it does not go toward the merits of the project. Motion failed, with Butcher, Case, Thorfinnson, Tyra-Lukens and Harris voting"nay". CITY COUNCIL NIINUTES October 3,2000 Page 13 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to direct Staff to prepare Findings of Fact to support the previous motions denying the proposal. Motion carried 5-0. Mayor Harris recessed the meeting at 8:45 p.m. and reconvened the meeting at 9:05 p.m. Pauly said he had a discussion with Staff and has developed Findings of Fact for denial of the proposed project. Prior to listing these, he suggested the following voting procedure. Those who voted in favor of the proposal may choose to abstain, and then the Findings could be approved by those who voted against approval of the proposal. The Findings were divided into three sections. The request for a Comprehensive Guide Plan change is denied for the following reasons: 1. The density of the development would be too great for the land if developed to medium-density residential 2. There has been no showing of any compelling reason to change the Comprehensive Guide Plan to medium-density development. 3. Low density development would be (a) more consistent with and (b) reasonable for development in the area 4. This project does not provide an appropriate transition to the east,which is guided low density. The request for Planned Unit Development Concept Review; the 1st reading of the ordinance and zoning district for Planned Unit Development district review and zoning district change from Rural to the RM-6.5 zoning district is denied for the following reasons: 1. The project is not consistent with the Comprehensive Guide Plan in that the density would exceed that permitted by the Comprehensive Guide Plan. 2. The proposed development is in conflict with the goals of the Guide Plan contrary to the requirements of City Code Section 11.40, Subd. 11A 3. The proposed development will cause harm to the environment including undue destruction of vegetation. City Code Section 11.55, Subd. C.2. 4. The proposed development is likely to cause substantial environmental damage. City Code 11.55, Subd. CA MOTION: Case moved, seconded by Tyra-Lukens,to adopt the above findings. Motion carried 2-0, with Case and Tyra-Lukens voting aye, and Butcher, Thorfinnson, and Harris abstaining. Pauly said the request for preliminary plat approval was denied for the following reasons: 1. The proposed plat is in conflict with the current zoning and the City's CITY COUNCIL AI MUTES October 3,2000 Page 14 Comprehensive Guide Plan. City Code, Section 12.04, Subd. 5.C.1. 2. Site is not physically suitable for the proposed density of development. City Code, Section 12.04, Subd. 5.C.4. 3. The physical characteristics of the site including topography and vegetation are such that the site is not suitable for the type of development contemplated. City Code, Section 12.04, Subd 5.C.3. 4. The design of the subdivision is likely to cause substantial environmental damage. City Code, Section 12.04, Subd. 5.C.5. MOTION: Butcher moved, seconded by Case, to adopt the Findings of Fact. Motion carried 3-0-2, with Case, Tyra-Lukens and Harris voting aye, and Thorfmnson and Butcher abstaining. D. AUTHORIZATION OF A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 2001 (Resolution No.2000-171) Uram said Minnesota State Statutes require the City Council to hold a public hearing on a tax rate increase, calculated by the County Auditor for 2001 at 25.01 percent, as compared with last year's tax rate, calculated at 24.44 percent. The reason for the increase is that the City's levy increased for both the City and Southwest Metro Transit by$1.3 million. Mayor Harris asked if anyone wished to speak to this increase. No one did. MOTION: Thorfinnson moved, seconded by Butcher,to close the public hearing and approve Resolution No. 2000-171 authorizing a tax rate increase for the 2000 tax levy, collectible in 2001. Motion carried 5-0. Mayor Harris moved Item XIV to this point on the Agenda. XIV. APPOINTMENTS A. STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS Swaggert reported that the 2000-2001 Student Representatives to Boards and Commissions program expands the number of students appointed to three on each of three Commission. Thirteen students came forward and asked to be placed on Commissions. Therefore, three Commission appointments are being made to three Commissions—Human Rights and Diversity Citizen Advisory Commission, Heritage Preservation Commission, and Parks and Recreation Citizen Advisory Commission. In addition, a Student Representative At-Large Program, providing exposure to the City Council and six advisory Boards and Commissions, will be piloted over the next seven months to determine student interest. MOTION: Tyra-Lukens moved, seconded by Case, to appoint Benjamin. Mathews,Richard Greywitt, Jr. and Jonathan Erickson as Student Representatives to the Parks and Recreation Citizen Advisory Commission to a term beginning November 2000 through May 2001. Motion carried 5-0. CITY COUNCIL MINUTES October 3,2000 Page 15 MOTION: Tyra-Lukens moved, seconded by Case, to appoint Jaclyn Matzen, Rachael Harlos, and Amber Swiggum as Student Representatives to the Human Rights and Diversity Citizen Advisory Commission to a term beginning November 2000 through May 2001. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to appoint Kathleen Luther, Christopher Pesheck, and Elise Johnson as Student Representatives to the Heritage Preservation Commission to a term beginning November 2000 through May 2001. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to appoint Isabelle Chann,Amanda Mount, Corbin Hilgemann, Paul Hanna, Greg Swaim, and Shang Wang as Students At-Large to a term beginning November 2000 through May 2001. Motion carried 5-0. Mayor Harris said Council looks forward to having the student representatives participate on these Commissions. X. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 31-2000 AMENDING CITY CODE SECTION 2.05, SUED, 3, RELATING TO COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL Enger said it is the City Council's expectation to be able to communicate with both Staff and the public electronically (via computer/e-mail) in addition to traditional means. Staff has researched the issue and suggests that since electronic communication is an expected part of each Councilmember's job, a stipend for technology support be adopted. Staff suggests this change in the City Code to more closely align with progressive business practices. In addition, some of the Council's activity that is expected to be covered by a per diem is not. The work individual Councilmembers do with City Staff that includes scheduled meetings at the City Center, etc. He asked if Council wishes to change Section 2.05, Subd. 3 of the City Code in this way, in a more restrictive way, or a more encompassing way. To be changed prior to the election it would be necessary to pass the first and second reading at this meeting, and all five members would have to vote unanimously. CITY COUNCIL MINUTES October 3,2000 Page 16 Case asked if this increase would cover someone who attends several meetings in one day. Thorfinnson replied there is a $50 cap. If you schedule more than one in a day you penalize yourself. Thorfinnson said he would like B.5 and C. of the Code voted on separately. Case suggested the two readings be split, doing the first reading now and the second reading at another meeting. It appears Council might have to have another meeting anyway prior to election day, so Council could follow the regular process with the first and second readings. Pauly said if Council wishes to split these into two separate motions, technically Council would be considering two ordinances. One would be for amendment of City Code, Section 2.05, Subdivision 3, B. 5., and the other for Section 2.05, Section 3, Subdivision C.. He said Council should bear that in mind when making the motion. Case suggested doing the first reading tonight, and if it doesn't pass there would be no second reading. MOTION: Case moved, seconded by Tyra-Lukens,to approve the 1st Reading of an ordinance amending City Code Section 2.05, Subdivision. 3, which relates to compensation for the mayor and members of the City Council. Discussion followed. Thorfinnson said it hasn't been mentioned that they would be giving themselves a $100 raise. It also hasn't been mentioned that Councilmembers are paid$500 per month, as well as a per diem amounting to about$1,000 per year or more. Case said this matter was discussed in an open meeting during the Council Workshop prior to the Council meeting. Butcher said she felt uncomfortable with the $100 stipend. She would like to make sure that is commensurate with what other cities are paying their councilmembers. She thought$100 per month was a lot of money for technology they have been able to get along without. That is not to say they should not be paid something, especially for people who don't have access, but $100 is quite a lot to be paid. Case said he has found that cities of the size of Eden Prairie are moving into this. Minnetonka purchased laptops for councilmembers because residents demand they be accessible through e-mail. He didn't think councilmembers should be expected to be wealthy enough to afford high-speed access in order to stay connected to residents. The $100 stipend would bring the councilmembers up to technological parity with other cities.� This is not out of line with what they are doing. He asked Tyra-Lukens to describe how she uses technology in doing council-related work. CITY COUNCIL MINUTES October 3,2000 Page 17 Tyra-Lukens described receiving a phone call on her cell phone that day. She has caller I.D.,which was recommended by the police chief. The caller wanted her to reply via e-mail. She has this capability so was able to do so. She asked Pauly if there would be any reason why a Councilmember could accept the money and then return it to the City, or could refuse to accept it. Pauly said he believed a person could waive payment of the stipend or could pay it back to the City and take a charitable tax deduction. Thorfinnson said he uses his cell phone extensively for the City and had not thought of charging the City. He believed the money he receives from the City allows him to purchase whatever he needs to have the basic tools he needs to communicate with the City. Butcher asked if they really needed a cell phone,pager and e-mail. Enger said he suggested $60 a month would provide Internet access, which would be adequate for e-mail. The enhancements, costing between $60 to $100 per month would be a cell phone,high-speed Internet access or a laptop. Council had agreed one basic thing that was needed was e-mail to help keep in contact with citizens and City Staff. Case said he would be comfortable with the base rate of$60 to have a certain base-line level of technology. Mayor Harris said the suggestion has been made that $100 is more than some Councihnembers are comfortable with. The motion made by Case could be voted on as it stands or amended to indicate acceptance of a$60 stipend. Case said he would accept an amendment to accept$60, as did Tyra-Lukens,who seconded the motion. The motion as amended was the following: AMENDED MOTION: Case moved, seconded by Tyra-Lukens, to approve the lst Reading of an ordinance amending City Code Section 2.05, Subdivision 3, adding compensation for Council assignments to participate in scheduled meetings, and the Mayor and each Councilmember be paid $60 per month in recognition of costs incurred by them for technological communications and equipment. Motion carried 4-1,with Thorfinnson voting"nay." Enger noted that this ordinance, amending City Code Section 2.05, Subdivision. 3,has passed its first reading. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES October 3,2000 Page 18 1. Councilmember Butcher's Query about Condition of County Road 4, Between Highway 5 and Pioneer Trail Butcher said she has received a telephone call from a person who was concerned about traveling on County Road 4, between Highway 5 and Pioneer Trail, particularly in the evening hours. She asked Dietz how long the road would be in that condition. Dietz replied the City added shoebox lighting along the entire corridor except for a temporary section of road that will be changed. Signals to be placed at Scenic Heights Road will provide lighting at that intersection. Next year the City will get rid of the meander portion of County Road 4. He is not aware of a high number of accidents along that portion of road. 2. Councilmember Butcher's Query about Providing a Signal at Settlement Drive and Pioneer Trail Butcher said she has received a number of phone calls about the difficulty of making a left turn from Pioneer Trail to Settlement Drive. She asked Dietz if any progress is being made on it. Dietz said he couldn't give Butcher an answer that evening. He knows the County has done a study on sight distances at this intersection and he will get an answer from the County for her. 3. Councilmember Tyra-Lukens' Report on Southwest Metro Transit Tyra-Lukens said the State Fair bus initiative was a huge success, with 14,500 people using the bus this year compared with 10,500 last year. The University of Minnesota introduced a "U" pass, which students can buy and use on any of the bus services. However, Metro Transit is losing money on this and will be getting additional payment for the passes. Everybody, including Metro Transit, is paying higher prices for gas. They can't raise fares without permission of the Metropolitan Council. 4. Councilmember Tyra-Lukens' Report on County Emergency Medical Service Council Tyra-Lukens said she is on the Hennepin County Emergency Medical Service Council. They are looking at standard response times for emergency vehicles and have prepared a draft document. In Eden Prairie it is hard for ambulances to get around because of curving streets, etc. The new response-time standards put Eden Prairie on the list of those slated for improvements. In Eden Prairie, sixty percent of ambulance responses are within the response guidelines, but a concerted effort is needed to increase that number. Tyra-Lukens talked to Jim Clark about the new standards and they will be presented to Public Safety groups around the City. Later the document will be presented to County Commissioners. CITY COUNCIL MrNT=S October 3,2000 Page 19 S. REPORT OF CITY MANAGER 1. Request from Micro Dynamics Enger said he just received a request from Micro Dynamics, a company that has been in operation for 20 years. They recently acquired a new facility on Prairie Drive and would like to avail themselves of industrial revenue bonds for retrofitting and improvements for the facility. This would require the City Council to act on approval of the use of industrial revenue bonds. The company needs the bonds by November 7 and is asking for a special meeting of the Council. As few as three members would be required to be in attendance. Enger inquired if Councilmembers are willing to hold a special meeting and, if so, what dates they would be available. After discussion, it was determined that a special meeting of the Council for the purpose of considering the request of Micro Dynamics for industrial revenue bonds, and the second reading of the ordinance amending the City Code relating to compensation for the mayor and members of the City Council, would be held on Monday, October 30,2000, at 6 p.m., at the City Center. 2. Smith Douglas More House Enger said the Council had requested that Staff put out a Request for Proposals for real estate and professional services for the Smith Douglas More House. No responses were received, which may have been because of the short time period they had in which to respond, and also because professional realtors didn't believe they had the ability to make recommendations on marketing decisions. Enger suggested that since the Community Forum is October 27 and 28, with the survey following, the City Council take information from that forum and the survey into account when making their decision on what to do with marketing of house. Results of the survey should be available by the end of January 2001. 3. Meeting Place for Heritage Preservation Commission (Resolution) Enger said at the August 1, 2000 City Council meeting, Mayor Harris instructed Staff to look into what would be necessary to allow the Heritage Preservation Commission(HPC)to meet at the Cummins-Grill House. The HPC thought that this was already approved and, in fact, held a meeting there in September. In the future that would have to be done with appropriate public notice. CITY COUNCIL AIMUTES October 3,2000 Page 20 Several options are available to the City Council if the decision is to change the meeting location of the HPC. Resolution No. 2000-08, which designates where meetings are to be held, could be amended. Another alternative would be to include the change in meeting locations in the 2001 Resolution, and a third alternative would be to allow the HPC to meet at the Cummins-Grill House as necessary, in which case Council would amend the Resolution in advance of each meeting. Lambert was asked if the Cummins-Grill House is ADA accessible. He said the first floor is ADA accessible. He did not believe the bathroom would meet that requirement,however. Mayor Harris said this would make the HPC the only commission that doesn't meet in the City Center. She would prefer the HPC would meet at the Cummins-Grill House by exception rather than regularly. Butcher asked, if the meetings are changed to the Cummins-Grill House and if the group decided it did not want to meet there for a certain meeting, could they meet at the City Center. Enger replied they could not. The public needs to know where the meetings are held. In addition to amending the Resolution in advance of the meeting, it may be necessary to have a notification procedure,probably through the newspaper. Case said he thought of another alternative. On January 1 the schedule for meetings for the year is published. That would make it legal for the HPC to meet at either the Cummins-Grill House or the City Center on certain dates. He noted some positive aspects to meeting at the house. It gives residents exposure to the historic house and it helps the HPC set a list of capital improvement needs by seeing the house throughout the year. Jan Mosman, Chairperson of the HPC, was asked to explain the HPC position. She said the HPC members have discussed this and said they would like to meet at the Cummins-Grill House part of the time. Last year John Gertz had set up the schedule of meetings for 2000, indicating the commission would like flexibility in meeting locations. However, it was submitted too late for publication at the beginning of the year. Mosman said, regarding ADA compatibility, there is a ramp leading into the first floor of the house; no one is allowed on the second floor because there are still bat problems. The bathroom is new but may not be ADA accessible. Thorfinnson suggested leaving meetings at the City Center for the balance of this year and letting the HPC come forward with recommendations for the schedule for next year. Enger pointed out that three Student Representatives would be added to the number of persons attending the meetings of the HPC. There may be CITY COUNCIL MINUTES October 3,2000 Page 21 At-Large Representatives also, and he wondered if the room where they meet would accommodate that many people. Enger asked if Council wanted an evaluation of having a public meeting at the house. He was asked to verify that there is sufficient room and that the house is ADA accessible. MOTION: Thorfmnson moved, seconded by Butcher, to instruct City Staff to include ascertaining the location of the Heritage Preservation Commission, in regard to their schedule for next year, in the 2001 Resolution designating meeting dates, times and locations. Motion carried 5-0. 3. Notice of Cancellation of October 17,2000, Council Meeting Enger said he has been informed there would not be a quorum for the scheduled meeting of the Council on October 17. MOTION: Tyra-Lukens moved, seconded by Thorfmmon, to cancel the October 17,2000, City Council Meeting. Motion carried 5-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Highview Drive/Lakeland Terrace Area Improvements (Resolution No. 2000-171) Dietz reported the low bid, in the amount of$45,868.18,was submitted by S. J. Louis Construction, Inc., and is $84,368 (15%) above the feasibility construction costs estimate. However, almost all of that amount is because of the conservative estimate of doing subgrade work to the roadway for street construction. The City will work with the contractor and consultants to consider alternative subgrade treatments, based on the soils that are encountered on the project. There may be an opportunity to reduce the amount of subgrade correction in the current contract or substitute an alternative method at a reduced price. Dietz recommended awarding the whole contract to begin utility installation. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution No. 2000-171 awarding Contract for I.C. 96-5406 (Highview Drive/ Lakeland Terrace Area Improvements)to S. J. Louis Construction, Inc., in the amount of$645,868.18. Motion carried 5-0. 2. Award Contract for Flagship Corporate Center Median and Turn Lane Improvements,I.C. 00-5517(Resolution No. 2000-172) CITY COUNCIL MINUTES October 3,2000 Page 22 Dietz said the sealed bids were received on Monday, October 2, 2000. The low bid, in the amount of $51,671.10, was submitted by Eureka Construction, or about $12,000 over the estimate. He recommended awarding the bid so the work can be done this fall. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 2000-172 awarding Contract for I.C. 00-5517 for Flagship Corporate Center Median and Turn Lane Improvements to Eureka Construction, in the amount of$51,671.10. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Tyra-Lukens moved adjournment of the meeting. Mayor Harris adjourned the meeting at 10:10 p.m. to go into a closed session regarding litigation.