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City Council - 10/01/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, October 1, 1991 LOCATION: City Hall Council Chambers COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Anderson, to approve the agenda. • Anderson requested the following additions to Item X.A. Reports of Councilmembers: (1) Meeting Rules for Councilmembers; (2) Discussion of Evaluation of the City Manager. Pidcock requested the addition of (3) Letter from McGlynn's Bakery. Agenda approved as amended 5-0. II. MINUTES III. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SINGLETREE PLAZA by The Robert Larsen Partners. 2nd Reading of Ordinance No. 16-91, Zoning District Change from Rural to Community Commercial on approximately 19 acres with variances reviewed by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-162, Authorizing Summary and Ordering Publication of Ordinance No. 16-91; Adoption of Resolution No. 91-127, Site Plan Review on approximately 19 acres for construction of 114,000 square feet of commercial uses to be known as Singletree Plaza. Location: South of Singletree Lane, east of Prairie Center Drive, west of Eden Road. (Ordinance No. 16-91 - Zoning District Change; Resolution 91- 162 - Authorizing Summary and Ordering Publication; Resolution No. 91-127 - Site Plan Review) Continued from September 17, 1991 • Eden Prairie 2 October 1, 1991 City Council Minutes Approved • C. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED 1991 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE FOR OCTOBER 22 1991 (Resolution No. 91-225) D. FINAL PLAT APPROVAL OF HEDQUIST ADDITION (located north of Gerard Drive in the North 1/2 of Section 10) (Resolution No. 91-219) E. APPROVE CHANGE ORDER NO. 1 FOR CEDAR RIDGE ESTATES 2ND ADDITION F. CONCURRENCE FOR COUNTY STATE AID HIGHWAY 60 (BAKER ROAD) (Resolution No. 91-221) G. AUTHORIZATION TO PURCHASE COPIER AND DUPLICATOR FOR COMMUNITY CENTER H. FINAL PLAT APPROVAL FOR JAMESTOWN VILLAS (located south of TH 5 and north of Cascade Drive) (Resolution No. 91-222) I. EDEN PRAIRIE FORD by Shea Architects, Inc. 2nd Reading of Ordinance No. 20-90, Zoning District Change from Rural to C-Reg-Ser; Approval of Developer's Agreement; Adoption of Resolution No. 91-224, Approving Summary and Authorizing Publication of Ordinance No. 20- • 90; Adoption of Resolution No. 91-223, Site Plan Review on 8.2 acres with outside storage variance reviewed by the Board of Appeals, 24.6 acres into 4 lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. (Ordinance No. 20-90 - Zoning District Change; Resolution No. 91-224 - Summary and Publication; Resolution No. 91-223 - Site Plan Review) MOTION Pidcock moved, seconded by Anderson, to approve the Consent Calendar. Jessen requested that Item B., Singletree Plaza by The Robert Larsen Partners, be removed from the Consent Calendar for separate discussion on the acquisition of the road. This item was moved to IV.B. on the agenda. Consent calendar approved as amended 5-0. IV. PUBLIC HEARINGS A. PRAIRIE COURT AMENDMENT by L. A. Donnay. Request for Zoning District Amendment within the Neighborhood Commercial Zoning District on 3.7 acres; Site Plan Review on 3.7 acres for the addition of a gas pump and canopy facility to the Prairie Court Shopping Center. Location: northeast corner of Wagner Way and County Road #4. (Ordinance 27-91 - Zoning District Amendment) • Eden Prairie 3 October 1, 1991 • City Council Minutes Approved Jullie said official notice for the hearing was published in the Eden Prairie News on September 25, 1991 and mailed to 42 property owners in the project area. A representative of L. A. Donnay, owner of Prairie Courts Shopping Center, explained the project with the use of maps and drawings. The project was a request for Zoning District Amendment to allow the addition of a gas pump and canopy facility to the Prairie Court Shopping Center. Enger said the Planning Commission reviewed the project on August 25, 1991 and recommended denial on a 5-0-0 vote. Its reasons for denial were as follows: (1) There would be an increase in traffic on Wagner Way and Sheldon Avenue if this facility were allowed; (2) Air and noise pollution; (3) Inability to screen gas pumps from the residential area to the north; (4) Traffic safety on Sheldon Avenue and Wagner Way; (5) Difficulty of access and maneuvering for tanker trucks from County Road 4 to Wagner Way; (6) Visibility of lights from canopy which could not be screened; (7) Traffic congestion at Highway 5 and County Road 4 intersection. Enger also called Council's attention to the staff memorandum dated • August 23, 1991, which set forth alternatives for review with an option for approval and an option for denial. The Planning Commission believed that if the impacts on the adjoining neighborhood were minimal or could be mitigated, one option would be to recommend approval. If the Council believed the impacts on the adjoining neighborhood could not be mitigated, then the option would be denial. Enger reviewed the memo from the Planning Department staff dated October 1, 1991 and historical documents for this development which included: (1) 1986 Developer's Agreement by which Prairie Courts as a shopping center had been approved. This approval had been predicated upon a specific site plan and a specific building program and included provisions for a number of parking spaces and floor area ratio. (2) 1984 Approved Plan of a single-family plat which occurred north of the Prairie Courts property. This had been the first area to be developed in the 40-acre PUD. It was zoned for 32 single-family lots and included lots size variances for the preliminary and final plat. The lots were under the R1-13.5 District size allowed by the zoning district. (3) 1980 Concept Plan approved by the City for a PUD concept which included single-family homes on 31 lots, a clinic office designation on the site of the Prairie Courts Shopping Center, two restaurant sites, an office building, an apartment building, and a senior apartment building. (5) 1986 Approved Plan and reports which included a Guide Plan Change from office to neighborhood commercial, PUD from office to commercial, and a • rezoning from rural to commercial. Eden Prairie 4 October 1, 1991 City Council Minutes Approved • Anderson said Prairie Courts had originally been planned for a passive commercial area, and a filling station in the area would change the whole concept of the neighborhood. He said he believed that Council had an obligation to the residents not to change the neighborhood in this way. Tenpas noted that SuperAmerica and Li'1 Red were close by in the area. He said he agreed with Anderson that this would change the whole neighborhood concept for the residents in the area. Pidcock said she did not believe there was room for the extra traffic which would be generated by another filling station. Harris agreed with Anderson and believed Council was obligated not to change the concept of the neighborhood. Walt Lusian, 16275 Sheldon Avenue, said the residents in the area had been told originally there would be office space for professionals such as doctors, chiropractors, etc.; however, it had become a retail strip mall. He believed it was unnecessary to locate a gas station and a convenience store in this development. He called Council's attention to the petitions which indicated opposition to the gas pumps and canopy. He said there also had been problems with the • developer taking care of dead trees and landscaping, drainage and ice build-up, and garbage on the property. He encouraged Council to deny this request. Paul Hipp, 16248 Sheldon Avenue, spoke against the project. He pointed out that this would be the only convenience store in the City that had access from a residential street'and he was opposed to more traffic on Sheldon Avenue. Dan Fitzgerald, 16131 Sheldon Avenue, spoke against the project because of the extra traffic, noise and lights associated with it. Jay Bohlen, 16200 Sheldon Avenue, spoke against the project. He was concerned about the increased fire hazard from gasoline because the area was so small. He was concerned about gas spillage deteriorating the asphalt. He also said a screen wall was not desirable. Lynette Koralewski, 16155 Sheldon Avenue, spoke against the project because she believed it would make the daycare centers in the area unsafe for children and would hurt the business of people operating the centers. Randy Dirtinger, 16370 Westgate Trail, spoke against the project because he believed the area was too small for gasoline tankers and that tanker trucks would block the intersection. He said it was a • difficult area to access for pedestrians and was congested for cars. Eden Prairie 5 October 1, 1991 • City Council Minutes Approved Doug Chesney, 16272 Sheldon Avenue, said he appreciated Council's concern for the residents in the area, and did not believe the project should be allowed. Janet Hipp, 16248 Sheldon Avenue, spoke against the project. She pointed out that the intersection of Sheldon Avenue and Wagner Way was a school bus shop. She believed that having the gas pumps and convenience store at this location would make the area unsafe for children. Julie Schmunke, 17565 Pavelka Drive, believed there was no need for gas pumps at the location and that it would cause more traffic congestion. There were no further comments from the audience. MOTION Pidcock moved to close the public hearing. Seconded by Harris. Pauly reminded Council that competition to other gas stations in the area was not an appropriate factor to consider in the decision. • Harris said she was mainly concerned about traffic problems in the area, the placement of the school bus stop in the vicinity, and the impact on the safety of the children. Motion approved 5-0. MOTION Pidcock moved to direct staff to draft a resolution to deny the project. Seconded by Anderson. Motion approved 5-0. Harris said she would like staff to investigate the comments about the trash and maintenance of the area. B. Sin letree Plaza by The Robert Larsen Partners. Jessen questioned the the developer's agreement portion of this item. He said there was no indication as to who would build the road, what sort of assessment provision would be put in place for paying for it, or who would handle the off-site work. He also said there were items that in the minutes of the September 3, 1991 meeting that could have been included in a better form. He said he believed the City would pay between $175,000 and $200,000 for road right-of-way, plus a good portion of a public improvement which would cost $5-600,000. In addition considerable work would be • required the back of the Green Mill Restaurant. He also objected to the language of the developer's agreement, specifically Paragraph 3, Eden Prairie 6 October 1, 1991 City Council Minutes Approved • which said the developer agreed to execute a purchase agreement, but no price was given. He said he would like to vote on the rezoning and the developer's agreement separately. Pauly pointed out that purchase price was $181,000 for the right-of- way, based upon a square footage figure of $4.50. Dietz said that the purchaser's agreement specified that the seller was going to build the majority of Columbine Road, and the City's responsibility would be to build the intersection of Regional Center Road and Commonwealth Drive and to construct a median opening on Prairie Center Drive. Further, the City would have responsibility to reimburse the seller for the expenses incurred for making access available to Lariat Center II and the Green Mill Restaurant. Enger said that the cost of the right-of-way was shown as $181,000 in the purchase agreement, and the off-site costs to the City would include the median cut work done at Prairie Center Drive and at the intersection of Regional Center Road and Commonwealth Drive. The median cut should cost approximately $80,000. BRW Engineers were working out the details of the road and discussions with Mr. Flaherty and Lariat Center II would begin soon. He said the cost could be relatively minor or could be as much as $50,000. Jessen said he did not believe the cost estimates were accurate and • he would like to vote against the road for this reason. Tenpas said he favored the road because Wal-Mart had agreed to the requirements the City had imposed on the project. He believed Wal- Mart would be a good addition to the Major Center Area and this should be considered in the decision. Pidcock said she believed the road was needed because it would connect with the Singletree Plaza with the Major Center Area. Harris said she would support the project as well as the City's participation in the road. There were no comments from the audience. MOTION Jessen moved adoption of Item B on the Consent Calendar with the exception of the developer's agreement. Motion died for lack of a second. • Eden Prairie 7 October 1, 1991 • City Council Minutes Approved MOTION Pidcock moved that Item B from the Consent Calendar, Singletree Plaza by the Robert Larsen Partners, be approved without change. Seconded by Harris. Anderson asked for clarification on what would happen to the trees along Prairie Center Drive. Enger said that only the elm trees would be affected. Motion approved 4-0-1 with Jessen abstaining. V. PAYMENT OF CLAIMS MOTION Anderson moved, seconded by Pidcock, to approve payment of claims. Motion for payment of claims approved with Jessen Pidcock, Harris, Anderson, and Tenpas all "AYE". • VI. ORDINANCES & RESOLUTIONS VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. PETITION FROM HIDDEN PONDS NEIGHBORHOOD RE: TRAIL ACCESS & HIDDEN POND PARK Jullie said a petition had been received from approximately 50 residents in the Autumn Woods neighborhood requesting a trail access to Hidden Ponds neighborhood park. He said that this project would be considered in the Proposed Facility Needs Study for the referendum, and petitioners would be notified of the committee process and asked participate in it. VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Meeting Rules for City Councilmembers. Anderson requested clarification from Pauly about the Open Meeting Law. He said he was concerned because Councilmembers • were invited to attend many meetings but the law stated that no more than two members could attend without the meeting Eden Prairie 8 October 1, 1991 City Council Minutes Approved • constituting a legal meeting of the Council. He recommended that Council set a policy of sending only two members to meetings in the City such as the upcoming Eden Prairie Foundation meeting on October 8, or those regarding airport or landfill issues. Pauly said he had prepared a memo on the issue which Council would receive soon. Pauly said that the City may not have a quorum of the Councilmembers at those meetings without it constituting a meeting of the Council, which would be a violation of the Open Meeting Law unless it was noticed as an official meeting. Pauly said the law did not differentiate between a member being a participant or an attender because Councilmembers would be receiving or disseminating information pertinent to Council decisions. He said that although it was not completely clear which meetings fell under the Open Meeting Law, he cautioned that a quorum of members should avoid attending workshops or public meetings where opinions and ideas were exchanged. He said that if more than two Councilmembers wished or were able to attend a particular meeting, it could be posted as a public meeting and thereby the Council would be in compliance with the law. 2. Discussion of Evaluation of City Manager. • Anderson pointed out that the evaluation should be done in November. Tenpas asked Jullie to get the evaluation forms to the Council so this process could begin. 3. Letter from McGlynn's Bakery. Pidcock said she had received a letter from McGlynn's Bakery regarding a problem it was having with parking facilities. She was concerned that McGlynn's was considering moving out of the City because it did not have enough parking space at its present facility. Part of the problem was caused by the new highway and part of it was caused by growth in the company. She recommended that the Council develop a policy to help retain such corporations in the City. Enger said that staff had been working with Mark Rasmussen, Director of Strategic Planning for McGlynn Bakeries, for two months on the parking issue. In the discussions it became apparent that the company had outgrown the site and what it was actually looking for was a temporary solution until Christmas. This situation had developed because, at the direction of the Council, cars which had been improperly parking on property on the east side of Mitchell Road had been cleared out. He said Planning Staff would be happy to work further with McGlynn's to solve the parking problem. • Eden Prairie 9 October 1, 1991 • City Council Minutes Approved B. REPORT OF CITY MANAGER 1. Set October 14, 1991 for Council/Staff Municipal Government Seminar at St. Thomas Conference Center in Chaska Jullie proposed that October 14, 1991 be set for a Council/Staff Educational Government Seminar. It was suggested that this be a one-day seminar with John Droedal from the University of St. Thomas as facilitator. It was decided to begin at 8:30 AM and continue for six hours. C. REPORT OF DIRECTOR OF PLANNING 1. Revisions to Housing Rehabilitation Program (Continued from September 3, 1991) Enger requested that this item be continued to October 15, 1991 so all the recommendations of the various Commissions involved could be included. 2. Presentation of Preliminary Center City Plan Alternatives from Urban Designer • Enger summarized the plans from the urban design consultants, and reviewed the historical elements of the plans and goals for the Major Center Area. Dan O'Brien, representing Cluts, O'Brien, Strother Architects, reviewed the Wal-Mart Center design plans which included various elements such as the green space and a protected pedestrian walkway, and how the design of the Center would be tied together architecturally for a pleasing appearance. He also reviewed five alternatives for urban design in this general area which depended on where the Civic Center and City Hall would be located. He also presented one plan which could be used if City Hall would not be located within the center of the City. Harris said she found the conceptual design alternatives to be very helpful in the decision process and requested a copy of the designs. Pidcock said she would like to receive copies of the five plans for further study. Anderson said he would like the planned development to include linking together of the lakes in the City as Minneapolis had done. He requested the Parks, Recreation, and Natural Resources staff to consider how the lakes and parks would fit in to the overall plan. • Eden Prairie 10 October 1, 1991 City Council Minutes Approved • Tenpas said he hoped a decision on City Hall could be made soon because of the impact it would have on the planning of the area. He favored Anderson's suggestion of joining the parks with a trail system. D. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Rental Policies for Park and Recreation Facilities Lambert said there were two areas of concern: Picnic Reservations and Ball Field Reservations. Regarding picnic reservations, the recommended policy would allow residents of Eden Prairie to reserve picnic areas in the park for company or church groups, even though the company or church was not located in the City. The fee would be increased to $75 to rent a sheltered picnic facility. The new policy would also eliminate the first come-first served policy Monday through Thursday, and information regarding the number of people who would be using the facility, would be required at the time the reservation was made. Regarding the ball fields, access had been limited to Eden Prairie • non-profit groups and athletic associations. However, the associations had decided to hold more and more tournaments which made the ball fields quite expensive for the City to maintain. Under the new provision, the City would provide the preparation of the ball field once a day free and after that it would be the responsibility of the user to line and drag the field. If the City was requested to prepare the field, it would charge $25 per field per day. Anderson asked what park facilities would be considered rental and what could be used free-of-charge. Lambert said basically any sheltered area in a park would have rentable status. Lambert said that in future park planning, the reservation facilities should be off to the side of the park so that when a large group rented a shelter, it would not dominate the entire park. There was concern expressed by Council that if all the shelters were rented, would others using the park be able to take shelter in case of bad weather. Pauly said a stipulation should be included in the rental agreement that renters would allow others to take shelter in the facility if necessary. Lambert agreed this would be a good solution. is Eden Prairie 11 October 1, 1991 • City Council Minutes Approved MOTION Anderson moved the revised policy for reservation of City facilities as recommended by the Parks, Recreation and Natural Resources Commission in the memorandum dated August 23, 1991, including the stipulation in the rental agreement that renters allow others to take shelter in the facility when necessary, be approved. Seconded by Pidcock. Motion approved 5-0. 2. Revisions to Riley Lake Park Plan Lambert introduced Barbara Cross, Planner for the Department of Parks Recreation and Natural Resources, who presented the planned revisions to Riley Lake Park with the use of maps and drawings. The revised plans included the following elements: A. An entry road using the existing location from County Road 1. This road would reduce the amount of park land consumed by roadways and the amount of land required to be acquired from the east. B. Parking for 460 cars. This plan incorporated sufficient • parking to accommodate the estimated number of people that would be using the facility. C. Court game complex for volleyball, horseshoes, and boccie ball. D. Expanded beach with shelter and small play structure. E. A large play structure area with areas separated by age groups. This play structure would be built into the hillside similar to Staring Lake Park. F. Two softball/baseball fields with 300' outfields. G. Four tennis courts with a plaza in between. H. Preserved historic Riley-Jacques Homestead and room for interpretive programming. I. Riding arena. This facility would be relocated from Spring Road to allow for other development on County Road 1 and Spring Road. J. Shelters and plaza areas to accommodate large groups. K. Connections to the railroad trail. • Eden Prairie 12 October 1, 1991 City Council Minutes Approved • L. A rest area on the City-owned land on the south shore of Riley Lake. She stated that the park will be developed in four phases beginning in the fall of 1991, with scheduled completion in 1995 or 1996. MOTION Anderson moved, seconded by Pidcock, to approve the recommended plans for revisions to Riley Lake Park. Motion approved 5-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Anderson, to adjourn at 10:25 PM. Motion approved 5-0. • •