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City Council - 11/07/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 7,2000 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 8:05 p.m. H. 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 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 noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added a safety issue on Pioneer Trail,under XIII A. Reports of Councilmembers. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD OCTOBER 3,2000 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Workshop held October 3, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD OCTOBER 3,2000 CITY COUNCIL MINUTES November 7,2000 Page 2 Thorfmnson made a correction on page 12,paragraph one,which should read "He believed it would be totally appropriate for them to match or come close . . . " Tyra-Lukens made a correction under item 4 on page 18,which should read ". . . County Emergency Medical Service Council." MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council meeting held October 3, 2000, as published and amended. Motion carried 5-0. C. SPECIAL CITY COUNCIL MEETING HELD OCTOBER 30, 2000 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Special City Council Meeting held October 30, 2000, as published. Motion carried 4-0,with Thorfinnson abstaining due to his absence. VI. CONSENT CALENDAR A. LARIAT CENTER III by Lariat Companies, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres and Site Plan Review on 4 acres. Location: 8335 Crystal View Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 2000- 174 for Site Plan Review) B. ADOPT RESOLUTION NO. 2000-175 APPROVING FINAL PLAT OF LARIAT CENTER C. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 3, BLOCK 1, BELL OAKS SECOND ADDITION, S.S.A. 89-06 D. ADOPT RESOLUTION NO. 2000-176 EXTENDING CONDITIONAL USE AGREEMENT FOR GEOGRAPHICAL DIGITIZED DATA FOR USE MAPPING OF THE CITY OF EDEN PRAIRIE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR PROPOSED TRAIL ALONG ANDERSON LAKES PARKWAY F. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE EASEMENT AGREEMENT WITH OWNERS OF PROPERTY AT 9575 FRANLO ROAD G. ADOPT RESOLUTION NO. 2000-177 TO CONTINUE PARTICIPATION IN LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM THROUGH LIVABLE COMMUNITIES ACT CITY COUNCIL MINUTES November 7,2000 Page 3 H. ADOPT RESOLUTION NO. 2000-178 GIVING PRELIMINARY PROJECT APPROVAL TO S & W PLASTICS, LLC, SUBJECT TO A PUBLIC HEARING I. AWARD CONTRACT FOR CSAH 4 BIKE TRAIL,I.C. 99-5496 J. AUTHORIZE SIGNING OF 2000-2001 WINTER USE PERMIT WITH HENNEPIN REGIONAL PARKS FOR THE LRT CORRIDOR WITHIN EDEN PRAIRIE K. ADOPT RESOLUTION NO. 2000-179 APPROVING THE AMENDED PROJECT MANAGEMENT AGREEMENT (PMA)BETWEEN THE CITY OF EDEN PRAIRIE AND HARTFORD FINANCIAL SERVICES, TO EXTEND PROPOSED PROJECT COMPLETION DATE L. ADOPT RESOLUTION NO. 2000-180 RELATING TO A PROJECT AND CERTAIN REVENUE BONDS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,, 1VIINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND LEASE-PURCHASE AGREEMENT MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A L of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. COSTCO by Costco Wholesale Operation. Request for Planned Unit Development Concept Review on 17.9 acres, Planned Unit Development District Review with waivers on 17.9 acres, Zoning District Amendment within the C- Reg-Ser Zoning District on 17.9 acres, Site Plan Review on 17.9 acres, and Preliminary Plat of 17.9 acres into one lot. Location: East of Prairie Center Drive between Rolling Hills Rd. & Prairie Lakes Dr. (Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published in the October 26, 2000,Eden Prairie News and sent to 383 property owners. Bill McHale, Executive Vice President of Ryan Companies, gave the background on this property, which began in 1994 when his company began working with Hartford Companies on a mixed-use development. The 1994 Hartford Place PUD was approved by the City. If the plan for the Costco development is not approved,McHale said Ryan Companies will build Hartford Place. Jackie Frank,Director of Real Estate for Costco Wholesale Operation, said he has been working with City Staff for the past year. Costco warehouses are located in a number of areas of the country but they are just beginning operations in the Midwest. They looked hard for a good location in Eden Prairie. The proposed CITY COUNCIL MINUTES November 7,2000 Page 4 plan for the site is a 148,000-square-foot retail building with tire store and gasoline service facility. To lessen the impact on surrounding properties, they have placed the warehouse in the area farthest from adjoining residential areas and reduced the scale of the warehouse by creating berms and plantings around the property. The Planning Board had asked if Costco would consider going ahead without the gas-fueling facility in the northwest corner. Frank said senior management was consulted about eliminating that use, which would have several positive results, including the opportunity to increase the number of parking stalls and to increase setbacks to 50 feet along the perimeter. Frank reviewed the issues of the tire store, elevations, lighting, noise, traffic, transition to the neighborhood and land use. Franzen responded that the 1994 Developer's Agreement with Ryan Construction Company states what would be allowed on the property. The architecture and landscaping for the approved plan was based on the mitigation required. Costco has a greater impact on surrounding residential areas due to the larger building, and requires more landscaping , greater setbacks and additional detail on the building. The approved 1994 plan meets City ordinances. The Community Planning Board identified issues before the public hearing. Lighting, noise and traffic issues were brought out by residents of the neighborhood at the public hearing in August. The Planning Board voted 6-0 to recommend denial of the project to the City Council at the September 25, 2000 meeting. The primary reason was that the plan was inconsistent with the approved 1994 plan, which would provide a better transition to the residential neighborhood. Tyra-Lukens said many letters were received from residents expressing concern about the noise the tire center would create. She asked if a tire center would be permitted in the approved Hartford Place development. Franzen replied that would require an amendment to the Developer's Agreement and would have to go through the public hearing process. Butcher asked how Costco would compare to the approved plan in terms of traffic generation. Franzen replied the numbers are very similar, but the important thing is what the numbers reveal; that is, what would have to be done to mitigate the traffic. The traffic analysis in 1994 said a traffic signal would be needed at Prairie Center Drive and Prairie Lakes Drive. The same conclusion was reached in the current traffic analysis. Mayor Harris asked if anyone wished to address the Council. Terry Pearson, 10827 Leaping Deer Lane, spoke on behalf of the four neighborhoods around the proposed development: Weston Woods Townhomes, one- and two-level Hartford Place homes, and the Sanctuary. She was assisted in the presentation by Don Klingel, 10940 Kiawa Drive. There are a total of 240 homes in the four neighborhoods. They have collected 231 petitions indicating opposition to building the Costco warehouse. She said the majority of residents have moved into their homes within the past five years. They understood a strip CITY COUNCIL M N=S November 7,2000 Page 5 mall was proposed for the site, which is very different from a Costco. If the Costco proposal is denied, the neighbors hope is to work with Bill McHale and City staff to develop something that would provide better a transition to the neighborhood and better services to the neighbors. Ms. Pearson said she would show how the proposed plan is not consistent with the approved plan. The original land use was approved for four retail buildings totaling 165,000 square feet. The largest building authorized is 75,000 square feet. The proposed plan is for a single 148,663-square-foot building including a gasoline fueling facility and a tire center. Approval of the proposed plan would require a change in the PUD and Developer's Agreement. The entrance to the gas fueling facility faces Weston Woods Town Homes. The tire center is not part of the permitted land use for this site and would require a zoning and PUD amendment. Although the amount of noise caused by installing tires does not violate City Code, it impacts the neighbors. The proposed development does not mitigate the impact on the neighboring area. Ms. Pearson and Mr. Klingel have traveled around the country to Costco warehouses and took pictures of the various properties. The pictures showed outdoor storage of shopping carts at one location, and semi-trailers left overnight at a number of locations. At the tire centers door were left open during all hours of operation. Ms. Pearson said these pictures show the difference between how Costco says they do business and how it is actually done. The residents would encourage mixed use of residential and retail on this site. Ms. Pearson asked the Council to vote for what is best for this site, the Eden Prairie market center and residents, and deny the Costco proposal. Tyra-Lukens asked if the neighbors recognize that if the Costco proposal is denied,Ryan Companies can go ahead with the approved Hartford Place plan, and that isn't necessarily going to be a mixed-use development. Ms. Pearson said they considered the original PUD the lesser of two evils. However, they still want to request the opportunity to meet with Bill McHale and discuss possible options. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing. Motion carried 5-0. Case said he doesn't like the "big-box" concept anywhere, but also is not too happy with the Hartford Place plan. Although Ryan Companies has probably lost patience with the process, he would like to see a third alternative. He realized the impact a Costco business would have on the neighbors and the fact that when they moved in they had different expectations, and therefore he was inclined to deny the project. Butcher said she believed it was essential to review zoning-change requests and PUD changes on a case-by-case basis and to consider how the project would meet the City's needs. After hearing the information from both sides, she said she didn't believe the Costco plan was consistent with the zoning plan and approved Hartford Place plan. It doesn't provide adequate transition to the neighborhood. CITY COUNCIL MINUTES November 7,2000 Page 6 Having one large building on the site has an overpowering impact that cannot be mitigated by architecture. The Hartford plan would provide specialty shops that the community could use. The Community Planning Board has spent many hours reviewing the Costco plan and voted to recommend denying the project. Butcher cautioned the neighbors that the site will be developed. She said she would vote to deny the project. Mayor Harris commended Costco and the residents for working to achieve the mitigation that occurred regarding the landscaping, setbacks, etc. However, the Costco building is still a huge mass for this site and so she didn't consider it the best use of the site. There is an approved 1994 plan for the site, and the developer does not have to come back to the Council in order to implement the plan. She said she was more comfortable with the flexibility of the smaller buildings in the approved plan. That offers the possibility that if for any reason a business should fail it could be replaced with another. Tyra-Lukens said she agrees with the other councilmembers. The problem with Costco is that it's not consistent with the Council's vision for the market center area. Costco has done an exceptional job of trying to make it fit into the site and she respected them for that, but it is an immense building. She would vote to deny the project,but had no doubt the site will develop quickly. Thorfinnson said he had nothing to add. MOTION: Case moved, seconded by Butcher, to deny the request for PUD Concept Review, PUD District Review with waivers,Zoning District Amendment and Site Plan. Motion carried 5-0. MOTION: Case moved, seconded by Butcher, to deny the request for a Preliminary Plat. Motion carried 5-0. MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to prepare findings supporting denial by the City Council,to be adopted later in this meeting. Motion carried 5-0. Pauly said he has worked on some tentative findings, which he could make available to the Council in a short time,if a recess were called. Mayor Harris recessed the meeting at 9:50 p.m. and reconvened the meeting at 10:05 p.m. Pauly said he has prepared findings, conclusions and a decision regarding Costco. The Hartford Plan was included as Exhibit A, the Developer's Agreement as Exhibit B, and this includes all the exhibits entered into the record. He would make this document available to representatives of Costco. CITY COUNCIL MINUTES November 7,2000 Page 7 Findings 1. The Land is part of a multi-use PUD known as the 1994 Hartford Place PUD. 2. The 1994 Hartford Place PUD encompasses seven areas of mixed development. Of the seven, four are authorized for single and multiple family housing development, which has now occurred. Area 1, which authorized an office/restaurant building, was later amended to authorize a retail pet warehouse and a mattress store, which have also been completed and constructed. One area (Area 7) had been authorized for commercial use, and later, for multiple family housing and office use, and has not yet been developed. 3. The development of the Land(Area 2) is to occur as authorized and described in the Developer's Agreement. 4. As provided in the Developer's Agreement, the Owner agreed to develop the Land consisting of three lots on which will be placed four buildings for commercial use. 5. The four buildings total 165,000 square feet,ranging from 7,500 square feet to 75,000 square feet in size. 6. The proposed plan is for the construction of one retail building of a size of 148,665 square feet with an attached tire service and free-standing gas fueling facility. 7. Approval of the proposed plan is denied for the following reasons: a. The proposed development of the Land is a material and substantial change from the plan approved for the Land as part of the 1994 Hartford Place PUD. b. The proposed development of the Land is a material and substantial change from the plan required for development of the Land as described in the Developer's Agreement. c. The proposed development is a material and substantial change from the 1994 Hartford Place PUD and the Developer's Agreement because, among other things, it (i) seeks to develop the Land by constructing one massive building containing 148,665 square feet compared to the approved plan providing for the construction of four separate buildings ranging in size from 7,500 to 75,000 square feet and situated in different locations on the Land; and (ii), (a) includes an attached tire service facility with four overhead doors and (b) a free-standing gas fueling facility, neither of which is contemplated in the approved plan. CITY COUNCIL MINUTES November 7,2000 Page 8 d. The mass of the single 148,665-square-foot building would result in an unreasonable material and substantial aesthetic visual impairment and obstructions in the area over that of the approved plan. e. The proposed plan would result in an unreasonable deviation from the 1994 Hartford Place PUD and Developer's Agreement, which would substantially impair the expectations of those owners of lands included in the 1994 Hartford Place PUD who developed or purchased lands within the PUD with the expectation that the Land would be developed as approved; i.e., several smaller buildings contrasted with the proposed one massive building. f. The Owner is contractually bound as a consequence of the Developer's Agreement to develop the Land in the manner provided in the Developer's Agreement which is specific as to the number, size and location of the buildings to be constructed. g. The proposed development does not provide an adequate transition to the adjoining residential neighborhoods as required by City Code 11.03, subd. 6, E.5. h. The proposed development does not comply with the following provisions of City Code: i. 5.5 parking spaces for each 1,000 square feet of building (City Code 11.03, subd. 3, H, 4, (e)), (5.2 are provided in the proposed development plan.); ii. Parking space width of nine feet(City Code 11.02, subd. 3, H, 3, (d)), (ten feet is provided in the proposed development plan.); iii. Parking space length of 19 feet (City Code 11.03, subd. 3, H, 3, (d)), (20 feet is provided in the proposed development plan.); iv. Parking aisle width of 25 feet (City Code 11.03, subd. 3, H, 3, (d)), (24 feet is provided in the proposed development plan.). i. The proposed development does not mitigate the visual impact of the gas fueling facility on adjoining residential areas including the impact of the canopy lights on homes in the area. j. The tire center with its overhead doors is not aesthetically acceptable as is the brick and glass materials required in the approved plan. Decision The request by Owner for the approvals described above are denied in their entirety. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to adopt the findings. Motion carried 5-0. CITY COUNCIL AI MUTES November 7,2000 Page 9 B. BLUFFS EAST 17TH ADDITION by Hustad Land Company. Request for Guide Plan Change from Church to Medium Density Residential on 5.78 acres, Planned Unit Development Concept Review on 5.78 acres, Planned Unit Development District Review with waivers on 5.78 acres,Zoning District Change from Rural to RM-6.5 on 5.78 acres, Site Plan Review on 5.78 acres, and Preliminary Plat of 5.78 acres into 33 lots. Location: South of Pioneer Trail at Franlo Road. (Resolution No. 2000-181 for Guide Plan Change, Resolution No. 2000-182 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution No.2000-183 for Preliminary Plat) Enger said official notice of this public hearing was published in the October 26, 2000,Eden Prairie News and sent to 231 property owners. Paul Korberg of Hustad companies, said this project is for 32 two-story townhomes located in the southeast corner of Pioneer Trail and Franlo Road. A guide plan change from Church to medium-density residential is requested. Brian Cluts said he met with the engineering department, which mapped out what right-of-way they require for the intersection, and the plan was modified to accommodate that. Franzen said the Community Planning Board held an informational meeting on June 26, 2000, to review the proposed guide plan change from church to medium density residential and three multiple-family concept plans for the site. The Board determined that multiple-family could be an acceptable use of the property and recommended that the developer pursue either the senior housing plan or the two-story townhouse plan. The Board voted 7-0 to recommend approval of the guide plan change and 32-unit townhouse plan to the City Council at its September 25, 2000 meeting. The Board required that the plan should be revised to provide additional right of way along Franlo Road, eliminate the building setback waiver from Franlo Road, and provide more guest parking on the west side of the project. The plans have been revised according to the Community Planning Board recommendation. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 2000-181 for a Guide Plan Amendment from Church to Medium Density Residential on 5.78 acres; and adopt Resolution 2000- 182 for PUD Concept Review on 5.78 acres; and approve 1" Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 5.78 acres; and adopt Resolution 2000-183 for a Preliminary Plat on 5.78 acres into 33 lots; and direct Staff to prepare a Developer's agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. PRAIRIE, LUTHERAN CHURCH ADDITION by Prairie Lutheran Church. Request for Planned Unit Development Concept Review on 4.98 acres, Planned CITY COUNCIL MINUTES November 7,2000 Page 10 Unit Development District Review with waivers on 4.98 acres, Zoning District Change from R1-13.5 to Public on 1.68 acres, Zoning District Amendment within the Public Zoning District on 3.3 acres, Site Plan Review on 4.98 acres, and Preliminary Plat of 4.98 acres into 1 lot. Location: 11000 Blossom Road. (Resolution No. 2000-184 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2000- 185 for Preliminary Plat) Enger said official notice of this public hearing was published in the October 26, 2000,Eden Prairie News and sent to 77 property owners. David Hennen, Manden Companies, said they are proposing to add to the existing church building on the existing site. The project includes an 18,948 square-foot building addition and parking lot. They are undertaking to improve the landscaping and berming around it to have minimal impact on neighboring properties. Waivers are being asked for front yard parking setback from 50 feet to 29 feet, exterior materials from 75 percent face brick, glass, or natural stone to 25 percent. The church was granted a variance in 1988 for all wood and glass exterior materials since the church was adjacent to single-family homes. They are also seeking a height waiver from 30 feet to 34 feet because the expansion includes a 12-foot by 12-foot gable/peak, which is technically the highest pitched roof and increases the building height to 34 feet. Franzen said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council, including the three waivers, at its September 11, 2000,meeting. Mayor Harris asked if anyone wished to address the Council on this project. Mark Kudla, 11041 Blossom Road, said there were berms in the elevation plans around the parking areas and asked Hennen if they will be built. Hennen answered they had the civil engineer put the berms back in the site plan with new grading. Along the south there will be five-foot berms, and along Blossom Road the existing berms will retain their present height, which is three feet. The existing trees will remain and new trees will be planted. All berms will have coniferous plantings. Kudla asked if there are any details available about the location of the church sign. Hennen replied it would be located at the new driveway entrance, which is to the east of the present entrance. It will be an internally lit monument sign. Kudla said he believed the sign would be too large for the site. There is no traffic on the street except for residents who live in the area, so he thought the sign could be smaller. Hennen said he believed a sign could be designed that is adequate for the area and meets the church's needs. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. CITY COUNCIL NIINUTES November 7,2000 Page 11 Case said he assumed the height variance is typical with other churches in the area. Franzen replied it is. Churches have been allowed to exceed the district height limitation in regard to steeples or spires. Case said, with regard to the placement of the driveway, it appears that the headlights from cars exiting the driveway will be pointing toward the houses across the street. He asked if the driveway could be relocated so it is not directly across from the houses. Franzen said they tried to align the church driveway so it would be opposite the driveway across the street. Case asked that Staff look at the placement of the driveway before the second reading. Dietz said headlights could cause a problem. Moving the driveway to the lot line would be a possibility. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-184 for PUD Concept Review on 4.98 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers on 4.98 acres Zoning District Change from Rural to R1-13.5 on 1.68 acres, and Zoning District Amendment within the Public Zoning District on 3.3 acres; and adopt Resolution No. 2000- 185 for a Preliminary Plat on 4.98 acres into 1 lot; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. D. PIRZADEH/SAFINIA REZONING by Nooshin Pirzadeh and Farhad Safinia. Request for Zoning District Change from Rural to R1-13.5 on .51 acres. Location: 9610 Franlo Road. (Ordinance for Zoning District Change) Enger said official notice of this public hearing was published in the October 26, 2000,Eden Prairie News and sent to 45 property owners. Franzen explained that, considering the simplicity of the project, staff would give the presentation. This is a rezoning of a single-family lot from Rural to R1-13.5 located at 9610 Franlo Road. The owners requested a building addition to the house that could not meet the side yard setbacks for the Rural Zoning District. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its October 9,2000 meeting. Mayor Harris asked if anyone wished to address the rezoning of this property. No one did. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the 1st Reading of the Ordinance for Zoning District Change from Rural to R-1-13.5 on .51 acres. Motion carried 5-0. E. ISSUANCE OF REVENUE BONDS TO FINANCE 142-UNIT SENIOR HOUSING PROJECT ON BEHALF OF SCF ROLLING HILLS,LLC CITY COUNCIL NIINUTES November 7,2000 Page 12 Enger said the developer has requested a continuance until the November 21, 2000 City Council meeting to allow time to complete and submit all the necessary bond documents for staff review. MOTION: Thorfimson moved, seconded by Butcher, to continue the Public Hearing until the November 21,2000 City Council meeting. Motion carried 5-0. F. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF 2000 SPECIAL ASSESSMENTS (Resolution No.2000-186) Enger said official notice of this public hearing was published in the October 19, 2000 Eden Prairie News. Al Gray referred to two improvement projects — Lincoln Lane and Forest Hills Road—for which special assessments have been identified, numerous trunk sewer and water assessments, a few connection fees, and some lateral sewer and water assessments included in three old properties that were excluded for five years. There are also a few assessments for grass-cutting and delinquent utility bills to be assessed. Mayor Harris said the Council has received detail on the special assessments. She asked if anyone wished to speak to the special assessments. John Mallo, 14000 Forest Hill Road, said he has been billed for$834. Forest Hill Road is a cul de sac and he didn't believe he should have to share in the cost of. development at the end of the cul de sac when nothing has been added in front of his property. In 1998 the Council ordered Staff to do a feasibility study on Forest Hill Road. He thought the work could have been done in conjunction with Candace Lane in September 1999. However, the feasibility study was not completed until February 2000. Soil has washed down the street making it muddy. Al Gray combined the work with the Lincoln Lane project, saving money for those residents, rather than combining it with Candace Lane. The residents of Forest Hill Road are being asked to pay an additional nine percent for City services. Gray responded there were significant delays at the beginning ing of this project. The east end of Forest Hills Road had never been completed. Storm sewer needed to be connected to Forest Hills Road. Therefore, it wasn't possible to do the Candace Lane project with Forest Hills Road. Only one bid was received for the Forest Hills Road project, so it was delayed until 2000 to look for more competitive bids. There was a much more competitive bidding situation in 2000. The City tried to make an equitable distribution of the cost. The four easterly lots are paying the highest share of the project. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing, and adopt Resolution No. 2000-186 approving all Special Assessments presented in the fall of 2000. Motion carried 5-0. CITY COUNCIL NIINUTES November 7,2000 Page 13 VH1. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinmon, 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." IX. ORDINANCES AND RESOLUTIONS A. PIRZADEH/SAFINIA REZONING by Nooshin Pirzadeh and Farhad Safinia. Request for Zoning District Change from Rural to R1-13.5 on .51 acres. Location: 9610 Franlo Road. (2nd Reading of an Ordinance for Zoning District Change) This is a rezoning of a single-family lot from Rural to R1-13.5 located at 9610 Franlo Road. MOTION: Thorfinnson moved, seconded by Case,to approve the 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .51 acres. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS A. PETITION SUPPORTING CITY RETAINING OWNERSHIP OF THE SMITH DOUGLAS MORE HOUSE Enger said that the City has received a petition urging the City Council to retain ownership of the Smith Douglas More House and its development as an attraction open to the public. He suggested the Council include the petition along with the results of the Community Forum and Survey in its consideration of the disposition of the Smith Douglas More House. MOTION: Tyra-Lukens moved, seconded by Butcher, to receive the petition in support of retaining ownership of the Smith Douglas More House; and direct Staff to include petition background information along with the results of the Community Forum/Survey and the recommendations of the Heritage Preservation Commission in the "Adaptive Reuse" Report to the City Council in their consideration of the disposition of the Smith Douglas More House in 2001. Motion carried 5-0. B. REQUEST FOR SUPPORT AND PRESENTATION TO HENNEPIN COUNTY FROM FRIENDS OF BIRCH ISLAND WOODS Enger said the City has a request from Friends of Birch Island Woods. Jerry Westerman, representing the Friends of Birch Island Woods, said they are requesting the City Council to direct City Staff to assist in preparing a joint presentation to the County General Government Committee to demonstrate an "overriding public purpose" to the Committee to grant a no-cost conveyance of CITY COUNCIL MINUTES November 7,2000 Page 14 Birch Island Woods to Eden Prairie. The group has a power-point presentation plus written material. They are asking for any supplemental material and statistical information the City has that could be used in the presentation. They are also asking that the Council approve having at least one Councilmember and a City Staff person attend the meeting, expected to be held before the General Government Committee on November 28. The group also wants to prepare a contingency plan if a resolution is not reached before the County's December 31 deadline. Mayor Harris said the Friends of Birch Island Woods have done a marvelous job, and the City certainly shares a common goal with them. The City is in active, ongoing discussions with County Staff and County Commissioner Randy Johnson, and the City is optimistic that a resolution can be reached before November 28. She wondered how best to provide limited support. Enger said if the Council wanted to lend some support to this private effort, it would be important for Council to retain control and direction of City Staff and not allow a private group to direct Staff. It is necessary to determine how the County would view any alignment with private citizens, in light of the discussions the City is having with Randy Johnson and members of his staff. The City's direction has been more of a partnership with the County; i.e., how the City can work with the County to resolve this. It is important to look at what the City's most effective role is in working with the County. Butcher said she agreed with the importance of continuing the negotiations with the County,but wondered if there is some way the City could support the group. Enger said he has been extremely impressed with the work of the Friends of Birth Island Woods. Their request,though subtle, is for solidarity with them. Tyra-Lukens said it seems the County is well aware that a citizens' group is working on this. She said it was not clear how working with them would cause a problem. This would just be a joint presentation and should not cause a problem if parameters are put around it. Mayor Harris said her concern is divergence of strategies. The City is involved in negotiations and trying to get a"win-win"situation, so the City gets what it wants but it is also willing to offer something in the process. She did not want to close any doors. Ms. Westerman said the group's proposed motion deals with a conveyance to the City at no cost or at less than the appraised value and allows for flexibility. She understood negotiations between the City and County are private. The timing of those negotiations is such that if the presentation should be necessary on November 28, it would be because negotiations with the City have not been successful. CITY COUNCIL MINUTES November 7,2000 Page 15 Enger said, based on conversations the City has had with the County, it would be timely for the Council to request an extension of the deadline from the County. Everything seems to be working together and it is hard to believe the County would feel threatened or disadvantaged by that. If the Council directs, he would request there be an extension. If Councilmembers or City Staff show up and present a different point of view, there could be confusion as to what the City's position is. Mayor Harris wondered what kind of support the group needs. If the City has some information, it could provide whatever data would be useful to them. Tom Casey, attorney for the Friends of Birch Island Woods, said that because this has been going on for such a long time, he believed asking for an extension of the deadline unilaterally would be a mistake. He didn't see any problem with a joint presentation to the County. The reason for the presentation is to demonstrate an "overriding public purpose" for conveying the woods to Eden Prairie at no cost. A unified public effort might be helpful to save the taxpayers' money. He did not believe a joint effort would put them in an adversarial position. Thorfinnson said he was concerned about the joint effort. Going to the County and presenting this "overriding public purpose" to them flies in the face of negotiations and the partnership the City is working on. He suggested Council request an extension of the deadline and offer to give the group assistance in preparing a position. Mayor Harris said she would leave it to the City Manager to decide what help the City Staff can give the Friends of Birch Island Woods. Enger said he would not send a Councilmember and/or City Staff member to go along with the group when they make their presentation. He would have City Staff give them whatever information is available. He would also get a request before the County Board as soon as possible for an extension of the deadline. MOTION: Thorfirmson moved, seconded by Butcher, to receive the request from the Friends of Birch Island Woods; that the City, through the City Manager, assist in giving them information and help in the preparation of their presentation, and that Staff resources be allocated accordingly; and to ask Hennepin County for an extension of the December 31, 2000 deadline of up to six months, to go before the County Board as soon as possible,with a response requested by November 28, 2000. Motion carried 5-0. C. RED ROCK POND PETITION Dietz explained that a petition was received from the neighborhood adjoining Red Rock Pond. They are petitioning the City Council to investigate why the pond area adjacent to their back yards has "dried up." If it cannot be resolved, they request some property tax relief due to the loss of the amenity. It is recommended CITY COUNCIL AIINUTES November 7,2000 Page 16 that Council refer the matter to City Staff for review, with a report and recommendations due back to City Council at the second meeting in.January. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to receive the Petition from Red Rock Neighborhood regarding ponding conditions and refer to Staff for further study with a report due back to City Council at the second meeting in January. Mayor Harris referenced the Birch Island water that started to disappear. She asked if there was ever any explanation as to why it disappeared. Lambert said there was a study but nothing was ever proven. Dietz said the contention was that it had to do with the road project. Motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. APPOINTMENT TO PROGRAM BOARD Enger said Susan Oswald has expressed interest in filling the position vacated by Mary Cofer on the Program Board. MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint to the Community Program Board Susan Oswald—her term to expire March 31,2002. Motion carried 5-0. XHI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report of Councilmember Case re Safety Condition on Pioneer Trail Case said reconfiguring of the lanes on Pioneer Trail was recently completed in front of his house. Since then, when drivers going west come over the hill,they are going into the turn lane to pass other cars. It is illegal to pass in the turn lane and it is also very dangerous, as there doesn't appear to be enough time for drivers to see oncoming traffic coming over the hill. Dietz introduced Randy Newton, the new traffic engineer, and said he will have him look into that issue. B. REPORT OF CITY MANAGER 1. FAA Preliminary Review of MAC Part 161 Study Regarding Nighttime Restrictions at Flying Cloud Airport CITY COUNCIL MINUTES November 7,2000 Page 17 Enger referenced a memo from Scott Kipp regarding the September 27, 2000 letter from the Federal Aviation Administration (FAA) to the Metropolitan Airports Commission (MAC), outlining its preliminary review of the MAC's Part 161 Study for the nighttime operational restrictions proposed at Flying Cloud Airport. From the letter it appears the FAA is probably not in favor of allowing a restriction in nighttime use of the airport. The FAA believes it may be discriminatory to a certain type of aircraft. A future review by the FAA of Ordinance 51 may result in a similar conclusion. Enger said he was working for the City at the time when Ordinance 51 was adopted and MAC said it was not certain it would withstand a legal challenge. The review by the FAA could result in overturning of Ordinance 51. The Flying Cloud Advisory Commission met on November 1 and reviewed the letter and are interested in obtaining the results of conversations that will be held between MAC and the FAA regarding he results of MAC's request for the nighttime ban and the standing of Ordinance 51. The Advisory Commission will consider calling an emergency meeting following those discussions to determine a course of action. The EIS prepared by MAC does not include an alternative if Ordinance 51 was not in place. There could be an impact in terms of the noise level. Staff will be following this closely. City Attorney Ric Rosow was in attendance at the Flying Cloud Advisory Commission meeting and will be attending all meetings held in the immediate future. City Attorneys Rosow and Pauly have been in conversation and reviewing the letter from the FAA for several weeks. Pauly said if Ordinance 51 is challenged successfully and if it cannot be amended, then obviously the present approved EIS would not be adequate and would require revisions. The City would have to examine potential noise from the airport without those constraints. Case said he wanted to underscore that if Ordinance 51 is found to be in non-compliance, the potential is not for just more noise but also for scheduled airline and freight carriers using the airport. The runway would support freight up to 30,000 pounds per wheel, which would basically allow freight carried by smaller-size aircraft and, additionally, the potential for aircraft carrying up to 10 passengers. Enger said it is clear that it would not be in the City's best interest for Ordinance 51 to be overturned. This has been the ordinance that has been effective in keeping some control over the airport for the past number of years. CITY COUNCIL MINUTES November 7,2000 Page 18 Mayor Harris said Council would receive the letter from the FAA and will track the process. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Round Lake Water Quality Program Update Lambert said on June 6, 2000, the City Council authorized staff to enter into a contract with Greener Pastures Development Corporation to treat Round Lake during the summer of 2000. At that time, Greener Pastures was relatively certain they would be able to obtain a permit within"a few days." The City was notified on August 22 that the experimental treatment of Round Lake and upstream storm water detention basins within the City was approved. By this time, staff determined that it was too late in the season to determine how effective the products were at biologically reducing nutrient levels in the lake and detention ponds. Staff is recommending proceeding with the use of these products in the spring of 2001 and opening the beach for public use during normal times of mid-June until the end of August. Staff recommends transferring the unused operational funds for 2000 to the 2001 budget to fund this project; and further recommends the City request the Watershed District to consider assisting in the funding of this project. MOTION: Butcher moved, seconded by Thorfinnson, to authorize staff to enter into a contract with Greener Pastures Development Corporation, Inc. to treat Round Lake and the detention ponds directly serving Round Lake to bring the water quality to a TSI reading of 38 or less by September 1,2001; and further to petition the Riley/Purgatory Creek/Bluff Watershed District to consider sharing the cost of this pollution-reduction effort and conducting a water quality monitoring before, during, and after treatment in the summer of 2001. Motion carried 5-0. 2. Settler's Ridge Tree Removal&Mitigation Report—Phase H Lambert said there have been additional problems at Settler's Ridge, with additional tree removal that was illegal and grading that didn't follow the grading plan, causing potential erosion problems. The developer has agreed to mitigate the problems, and this is underway at the present time. 3. Proposed Skate Board Park at Round Lake Park Lambert said at the September 13, 2000 meeting,the Community Program Board recommended that the City Council consider development of a skateboard park within the park system, to be funded from cash park fees. On October 18 the Community Planning Board recommended approval of a site within Round Lake Park for the development of a skateboard park. CITY COUNCIL MINUTES November 7,2000 Page 19 MOTION: Butcher moved, seconded by Case, to approve development of a skate board park within Round Lake Park to be funded from cash park fees. Tyra-Lukens asked if potential users of the skate board park are going to be included in the planning process. Lambert said they are. Staff will invite interested middle school- and high school-age children to a planning session, tell them about the potential equipment that can be purchased and let them select the components they want to have. Motion carried 5-0. 4. Recommendation for Maintenance of Peony Garden Lambert said earlier this year Council requested Staff to provide bids for maintenance of the peony garden at the Cummins Grill House. City staff contacted four firms to obtain quotes and one firm offered a bid, Gray Gardens Landscape. This firm specializes in flower garden maintenance. Their quote, in the amount of$8,000, details the work that is needed for the next two years to improve the quality and condition of this garden. Staff would anticipate a cost of approximately$2,500 per year to maintain the garden after 2002. Case asked if this information had been reviewed by the Historic Preservation Commission (HPQ and John Gertz. Lambert replied it had not, because the request was received from the Council to come up with a maintenance plan. However, it has been discussed with John Gertz and the Minnesota Historical Society. The Historical Society suggested leaving the garden intact the way it is now because it is considered a historical feature of the site. Case said he believed it should at least be reviewed by the HPC after approval by the Council, so they know what the Council has decided and that it is within the parameters of HPC's expectations. Enger said it would be appropriate for Council to make that direction and to make clear what it wants the HPC to look at. No money is budgeted for maintenance of the garden. The Council has to decide where, when or how this can be funded, and that will be part of the whole budget effort the City and Council will be working on the first part of next year. Staff is suggesting this quote for maintenance should be considered along with other adaptive reuse maintenance requests for the historic sites, at which time the Council will consider whether or not to fund it. In the meantime, it is appropriate for the HPC to review the quote and look at it with the other recommendations it has made for historic properties. Mary Harris said it belongs in the budget with other parts of the Adaptive Reuse Plan, and should not be considered separately. CITY COUNCIL MEWTES November 7,2000 Page 20 Enger said Council will decide whether or not all three historic properties can be funded. Council is considering how and if it would fund to that level. One consideration is whether or not to lease or sell the Smith Douglas More House. How much it is leased or sold for will determine whether there would be any other expenses involved with that house and if money could be moved toward maintenance of the other two houses. The maintenance of the peony garden is just $8,000 more that should be considered as part of the renovation and/or maintenance of all historic homes. Mayor Harris said the Chair of the HPC brought the matter of the peony garden to Council's attention. All the historic homes should be considered as a group in the budget. Case said the HPC is responsible for delineated historic properties. The Council is deciding something about one of those properties in isolation, without input from the ETC. Mayor Harris said the HPC is not responsible for the budget; the Council is. She said the peony garden will be looked at along with the costs of maintaining all the other historic properties. MOTION: Case moved, seconded by Tyra-Lukens, to include the evaluation of the maintenance of the peony garden in the development of a funding plan for the renovation, maintenance and restoration of the historic sites based upon review of the Adaptive Reuse Plan and the City Survey. Motion carried 5-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Thor$nnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 11:35 p.m.