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City Council - 05/18/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 18, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised and the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Report of Parks and Recreation Director, City Manager Scott Neal added a report on a proposed ice arena improvement project and also a report on awards received tonight. Neal also requested removal of Item VII.H. due to of recently received new and timely information. CITY COUNCIL MINUTES May 18,2004 Page 2 Under Reports of Councilmembers, Tyra-Lukens added a report on her civic leaders tour and also information on a presentation on affordable housing; and Mosman added a request for an update. MOTION: Mosman moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL OPEN FORUM HELD TUESDAY,MAY 4, 2004 MOTION: Butcher moved, seconded by Mosman, to approve the Minutes of the City Council Open Forum held Tuesday, May 4, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 4, 2004 MOTION: Mosman moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday,May 4, 2004. Motion carried 4-0. VI. CLEAN INDOOR AIR TASK FORCE RECOMMENDATIONS City Manager Scott Neal introduced Task Force member Deborah Plumb who presented final recommendations of the Clean Indoor Air Task Force. He said the group has been working on the project during most of 2003 until March of 2004 and previously appeared before the council to present a portion of their recommendations and now have a more detailed implementation plan. Plumb said the task force continues to recommend the voluntary three-level recognition plan approved by the council November 18, 2003. She explained the business and consumer marketing strategies and said establishments will signal participation in the program by displaying a window cling or plaque in their entrance area. The recommended design includes a modified gold star with a crossed out cigarette and a 4 or 9 in the center of the star denoting the level of program participation. Plumb said the task force recommends a staff person oversee the program and that reports be submitted to the council on a quarterly basis. Tyra-Lukens thanked Plumb for the time the group put into the excellent report. MOTION: Mosman moved, seconded by Butcher,to accept the report containing the recommendations of the Clean Indoor Air Task Force. Motion carried 4-0. VII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2004-76 APPROVING FINAL PLAT OF SCENIC HEIGHTS 2ND ADDITION CITY COUNCIL MINUTES May 18,2004 Page 3 B. AWARD CONTRACT FOR 2004 SEALCOAT TO PEARSON BROTHERS,I.C. 04-5614 C. AWARD CONTRACT FOR 2004 BITUMINOUS OVERLAYS TO MIDWEST ASPHALT,I.C. 04-5624 D. APPROVE PROPOSAL FROM BARR ENGINEERING CO. TO MAINTAIN AND MONITOR PERFORMANCE OF THE RAINWATER GARDEN AT SMITH-DOUGLAS-MORE HOUSE, I.C. 03-5595 E. APPROVE PROPOSAL FROM BONESTROO ROSENE ANDERLIK& ASSOCIATES FOR THE BOG MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB,I.C. 04-5623 F. APPROVE PROPOSAL FROM THE CANADA GOOSE PROGRAM INC. TO PREPARE A GOOSE MANAGEMENT PLAN, I.C. 04-5627 G. APPROVE PROPOSAL FROM BLUE WATER SCIENCE TO CONDUCT AQUATIC PLANT SURVEYS FOR SELECTED LAKES,I.C. 04-5626 H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX-FORFEITED LAND I. ADOPT RESOLUTION NO. 2004-77 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212/PRAIRIE CENTER DRIVE IMPROVEMENT PROJECT,I.C. 01-5527 J. ADOPT RESOLUTION NO. 2004-78 APPROVING I-494 DESIGN-BUILD MASTER UTILITY AGREEMENT WITH MNDOT FOR THE I-494 THIRD LANE PROJECT FROM TH 5 TO I-394,I.C. 02-5553 K. ADOPT RESOLUTION NO. 2004-79 APPROVING THE I-494 COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR THE I-494 THIRD LANE PROJECT FROM TH 5 TO I-394, I.C. 02-5553 L. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION(ARC) TO ACT AS THE THIRD PARTY ADMINISTRATOR FOR EMPLOYEE FLEXIBLE SPENDING ACCOUNTS MOTION: Young moved, seconded by Butcher,to approve Items A-L of the Consent Calendar,with the exception of Item H. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS A. SLUMBERLAND by C.M. Architecture P.A. Request for Comprehensive Guide Plan Change from Office to Regional Service Commercial on 7.18 acres,Zoning District Change from Rural to C-Reg-Ser on 7.18 acres, Site Plan Review on 7.18 acres, CITY COUNCIL NUNUTES May 18,2004 Page 4 Preliminary Plat on 7.18 acres into one lot. (Resolution No. 2004-80 for Comprehensive Guide Plan Change, Ordinance for Zoning Change, and Resolution No. 2004-81 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current and sent to 26 property owners. He said this is for a 50,936-square-foot commercial development for a Slumberland store and co-op grocery store and a guide plan change is required from Office to Regional Commercial. The project was first reviewed by the Community Planning Board on March 22, 2004 and continued to the April 26, 2004 Community Planning Board meeting to allow the developer to revise the architectural plans. The project was revised to incorporate additional architectural elements and shift the buildings to provide additional green space adjacent to the residential property. The Community Planning Board voted 7-0 to recommend approval of the project at the April 26, 2004 meeting. Franzen said because of the location of the building and parking, there is nothing that precludes the developer from building a driveway access to Topview Road. He said a wetland delineation cannot be done during the winter months. There are .56 total wetland acres in the property, with .44 acres a remnant of a 10-acre wetland to the west. He said in view of the fact that .12 acres of the wetland may be incidental and .44 acres is a remnant and low quality, it would be prudent to go with the standard recommendation from the watershed district to allow mitigation on site and some credit for the pond as was done for the project next door. Franzen said a contractual obligation, Item 17 of the developer's agreement,requires CSM to enter into a cross access with this property for access and ponding and drainage, etc. Dave Carland, vice president of development at CSM Corporation, said the organization has 15 properties in Eden Prairie. He said in general, CSM supports the project but has an issue with the Planning Commission recommendation that went against the recommendation of staff and the traffic consultant that would have removed the requirement for the Topview Lane connection. He said they have no problems with negotiating an easement and are concerned about the nature of retail traffic that might utilize the cross easement agreement,particularly given the elimination of Topview Road. He said the only access to the site is right in,right out westbound on Valley View. Carland said his corporation should have been party to the discussion on modifications to parking lanes, aisles and curbing. He also said he is not sure his corporation is under an obligation,per terms of the future easement, to make modifications to their drive lanes. Tyra-Lukens asked if changes to the property in terms of curbing and parking configuration would be at CSM's expense. Franzen said CSM is not obligated to CITY COUNCIL MINUTES May 18,2004 Page 5 reconfigure their parking lot,they are only obligated to provide a cross access. He said if CSM and Slumberland agreed upon changing the configuration of the parking lot,he would expect Slumberland would pay for the parking lot improvements. Eric Benson of 12771 Bina Lane,property behind the site that is being considered, said he has not received information on what time deliveries would be made. He asked if that would be during regular working hours. He said he is concerned about additional noise generated in the area. Paul Kauffman, representative of Slumberland, said normal delivery times are almost always during regular business hours and normally not on weekends. Franzen said the planning commission did not have discussions regarding noise. He said the question would be whether or not backup sounds from vehicles would violate the noise ordinance levels. He said Home Depot to the north of this area committed to specific delivery times. Butcher asked Franzen to explain the rules of the noise ordinance. Franzen said it is a nighttime noise level and he is not sure about the times. Dietz said there are different standards for nighttime and daytime. He said at the Midwest Asphalt Plant, there have been concerns about the backup noise and an attempt was made to measure it and showed it did not violate the noise ordinance. Dietz said it would be appropriate to ask Slumberland for their delivery schedule. Mosman said three years ago at this site a traffic consultant had stated that Topview might be a problem. She said she was wondering if since there is not as much traffic with retail, at specific times, were they recommending going with the easement for future access on Topview. Dietz said he thinks the staff continues to support the access to Topview,but the thing they were most concerned about was the possibility of a change in use. Dietz said he supports a recommendation that the developer's agreement contain a clause that if the use does change in the future, there would be a commitment to make the connection at Topview. He said this is based on a combination of standard trip generation rates and would come up in a change in use to the property and not as part of the Slumberland project itself. MOTION: Mosman moved, seconded by Young, to Close the Public Hearing; and Adopt the Resolution for Guide Plan Change from Office to Regional Service Commercial on 7.18 acres; and Approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 7.18 acres; and Adopt the Resolution for Preliminary Plat on 7.18 acres into one lot; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Butcher moved to amend the motion to allow the possibility of a different driveway access to Topview, and to place in the developer's agreement Slumberland delivery hours of operation from 9 a.m. to 8 p.m. Monday through Saturday, and same delivery CITY COUNCIL MINUTES May 18,2004 Page 6 hours as a requirement to the entire property to be incorporated into every lease agreement. The amended motion was seconded by Young. Motion carried 4-0. B. FOUNTAIN PLACE RETAIL by North American Properties. Request for Comprehensive Guide Plan Change from High Density Residential to Regional Commercial on 2 acres, Planned Unit Development Concept Review on 16.5 acres, Planned Unit Development District Review with waivers on 12.8 acres, Zoning District Change from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8 acres, and Preliminary Plat of 16.5 acres into 3 lots, and road right of way. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor Drive. (Resolution No. 2004-82 for Comprehensive Guide Plan Change, Resolution No. 2004-83 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2004-84 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current and sent to property 47 owners. He said this is a rezoning for 107,000 square feet of retail and restaurant uses, and a PUD concept for an additional 19,000 square feet of retail and restaurant uses. A guide plan change is required for a future retail/restaurant use at the corner of Prairie Center Drive and T.H. 212. Neal said the project was first reviewed by the Board on March 22, 2004 and continued for the developer to address architecture, screening of the loading area, tree replacement,parking setback, and a fountain. Revised plans for architecture and screening of the loading area were reviewed and found acceptable at the April 26, 2004 Community Planning Board meeting. He said the plans did not include the additional 363 caliper inches of tree replacement, meeting the 10-foot setback for parking along the northeast property line parking, or fountain. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the additional caliper inches of tree replacement,meeting the parking setback and providing a fountain. Jay Scott from North American Properties gave a presentation via compact disk of what the property would look like. Mosman said she is concerned about the lowest priority entrance in the area of the nursing home. She wants to know if the intersection of Columbine and Fountain would be a light and not a stop sign. She said she is also concerned about the intersection at 212 and Prairie Center Drive. Dietz said he doesn't believe there is anything planned other than stop signs at Columbine and Fountain. He said the northerly end of the project would have right in, right out. He said there will be superior access along Columbine Road. Mosman asked if at the intersection of Castlemore and Prairie Center Drive there would be a right in,right out only. She said the traffic study showed moving the entrance closer to the corner site, closer to Prairie Center Drive and asked why that was done. Dietz said the entrance closest to Prairie Center Drive is not proposed and there is CITY COUNCIL NIINUTES May 18,2004 Page 7 strictly one access point.He said it would be right in,right out at Prairie Center Drive. Tyra-Lukens asked if there would be berming along the highway side. Franzen said it is not physically possible to get a berm high enough to screen all views of the parking area. He said there is the opportunity for additional plantings. Tyra-Lukens asked about the proposed fountain. Franzen said it was a suggestion from the Community Planning Board,but it has not been determined where or how many. Tyra-Lukens asked Scott if the tenants depicted on the presentation are actual. Scott said all tenants on the presentation are active tenants. There were no comments from the audience. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Guide Plan Change from High Density Residential to Regional Commercial on 2 acres; and adopt the Resolution for Planned Unit Development Concept Review on 16.5 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 12.8 acres; and adopt the Resolution for Preliminary Plat on 16.5 acres into 3 lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. C. ORDINANCE AMENDING SECTION 11.70 REGARDING GRADING, VARIANCES AND NON-CONFORMING USES IN A SHORELAND AREA City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current. He said there are three proposed revisions: 1. Make the requirements for land alteration in a shoreland area consistent with land alteration requirements anywhere else in the City. 2. Add requirements for reviewing variances in a shoreland area. 3. Add requirements for review of conditional uses in a shoreland area. He said the DNR has reviewed the proposed changes and supports the code revisions. The Community Planning Board voted 7-0 to recommend approval of the code change at the January 12, 2004 meeting. There were no comments from the public. MOTION: Mosman moved, seconded by Young, to close the Public Hearing and approve 1st Reading of the Ordinance to amend Section 11.70 regarding grading, variances and non-conforming uses in a shoreland area. Motion carried 4-0. CITY COUNCIL MINUTES May 18,2004 Page S IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher,Mosman,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman requested an update at a future meeting on the off-leash dog areas. She suggested advertising it for new residents. She also asked if the area for the off-leash area has been determined. Mosman also asked if there is a site in the Golden Triangle area that might still be pursued. Neal said the update can be given at the next meeting. Tyra-Lukens reported that she had the opportunity to fly with the Air Force Reserves to a base on the panhandle of Florida. She said this was a civic leaders tour to get the word out on how important the reserves are and how they are an essential part of the war effort. Tyra-Lukens also reported that she is a member of the Family Housing Fund which is a board set up to deal with affordable housing and homelessness issues in the metro area. She said the group is currently helping to fund the Center for Urban and Regional Affairs at the University of Minnesota. She said builders currently have no incentive to adapt to a different market and pass on savings to the home buyer. She said there is more opportunity for affordable housing in the multi-family market. She said the center is trying to provide tools to the rapidly growing communities so maybe they can provide affordable housing. Mosman reminded Councilmembers that the Sensible Land Use Luncheon topic next week will be on national housing companies coming in and developing. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL NMWTES May 18,2004 Page 9 D. REPORT OF PARKS AND RECREATION DIRECTOR Lambert said he added an item regarding the Community Center Rink One Repairs to the agenda. He said it was thought that it could be held off until 2005,but a half-cell field leak detection analysis was done and the corrosion of the piping was far beyond what it should be. He said the corroded pipes cause the system to lose approximately 15-20 pounds of Freon per day and they must be replaced. Lambert said the board is requesting that Council authorize staff to contract for architectural services to prepare plans and specifications and to advertise for bids for removal and replacement of existing floor and direct Freon system in Rink One at the Community Center. He said the board would also like to obtain alternate bids for a sand floor and an indirect system. He said if this is approved, it could be operational by October 1, 2004. MOTION: Mosman moved, seconded by Butcher, to authorize staff to contract for architectural services to prepare plans and specifications and to advertise for bids for removal and replacement of existing floor and direct Freon system in Rink One at the Community Center. Motion carried 4-0. Lambert reported that earlier in the evening, Tyra-Lukens,Neal and he attended an awards ceremony at Wildfire, sponsored by Eden Prairie Magazine. He said the publication conducted a survey that asked residents to respond to questions regarding what they considered the best of the best in Eden Prairie in 12-15 categories. He said the City of Eden Prairie received awards for Best Historic Site, Best Public Beach, Best Community Event, Best Public Entertainment and Best Bike Trail. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:19 p.m.