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City Council - 08/18/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL •TUESDAY, AUGUST 18, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCn M NZERS: 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, Police Chief Jim Clark, and Natalie Swaggert, Director of Human Resources and Community Services PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. ACKNOWLEDGEMENT OF FIRST PLACE AWARD,REGION 12,TO OFFICER JIM DeMANN AND CHANT, HIS CANINE PARTNER *Police Officer Jim DeMann and his Police Canine, Champ, placed first in the Region 12 competition for the United States Police Canine Association. Officer DeMann and Champ shared the trophy with the Council prior to the meeting. 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item M.I. WALGREENS.by Semper Holdings,Inc. 2nd Reading of Ordinance No. 31-92, Zoning District change from RM-6.5 to Neighborhood Commercial on 0.34 acres and Zoning District Chamge from Community Commercial to Neighborhood Commercial on 1.24 acres: Approval of Developer's Agreement for Wal reens: Adoption of Resolution No. 92-182. Authorizing�Summary of Ordinance No. 31-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92- 181, Approving Site Plan for Walgreens on 1.58 acres. Location: County Road No. 4 and Terrey Pine Drive (Ordinance No. 31-92, Zoning District Change from RM 6.5 and Community Commercial to Neighborhood Commercial; Resolution No. 92-182, Authorizing Summary and Publication: Resolution No. 92-181, Site Plan) and X.B.5.. Update on CPT Purchase. MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as amended. Motion carried unanimously. H. MINUTES • A. Joint City Council/Historical & Cultural Commission meeting held Tuesday, August 4 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Joint Meeting with Historical & Cultural Commission of August 4, 1992, as submitted. Motion carried unanimously. City Council Meeting 2 August 18, 1992 B. City Council meeting held Tuesday, August 4. 1992 • MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Council Meeting of August 4, 1992, as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List B. Heritage Preservation Commission Approval of Documents for Highway 212 EIS C. Final Plat Approval of Springer-Klooster Addition (located south of TH 5 and north of Mitchell Lake) (Resolution No. 92-178) D. Receive Bids for Regional Center Road Improvements, I.C. 52-257 (Resolution No. 92-179) E. Approval of Resolution No. 92-148, Appointing Election Judges for the September 15, 1992 Primary Election F. Authorizing Mayor & City Manager To Execute Subrecipient Agreements for the Community Development Block Grant Program (Resolution No. 92-152) G. Recommend Award of Contract to Purchase Ice Resurfacer • H. Resolution No. 92-180 Declaring Costs to be Assessed and Ordering Preparation of Proposed Special Assessment Rolls for Spoon Ridge Demolition Project (Hearing Scheduled for September 1. 1992) I. WALGREENS, by Semper Holdings, Inc. 2nd Reading of Ordinance No. 31-92, Zoning District chamge from RM-6.5 to Neighborhood Commercial on 0.34 acres and Zoning District Chamge from Community Commercial to Neighborhood Commercial on 1.24 acres; Approval of Developer's Agreement for Walgreens; Adoption of Resolution No. 92-182, Authorizing Summary of Ordinance No. 31-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-181, Approving Site Plan for Walgreens on 1.58 acres. Location: County Road No. 4 and Terrey Pine Drive (Ordinance No. 31-92, Zoning District Change from RM 6.5 and Community Commercial to Neighborhood Commercial; Resolution No. 92-182, Authorizing Summary and Publication; Resolution No. 92-181, Site Plan)2 MOTION: Anderson moved, seconded by Harris, to approve items A - I on the Consent Calendar. Motion carried unanimously. IV.PUBLIC HEARINGS/MEETINGS A. FAIRFIELD WEST by Centex Homes. Request for rezoning from Rural to R1-13.5 on 23.5 acres. Preliminary Plat of 23.5 acres into 41 lots, 2 outlots and road right-of-way. Location: West o Fairfield, south of Scenic Heights Road/Highway No. 212. (Ordinance No. 29-92- Zoning Districfe Change from Rural to R1-13.5; and Resolution No. 92-167 - Preliminary Plat) Continued from August 4, 1992 City Council Meeting 3 August 18, 1992 • This item was continued from August 4th to allow time for the Parks, Recreation & Natural Resources Commission to hold a Public Meeting regarding the "big woods" on August 17th. Lambert reported that, at its meeting following the tour, the Commission voted to recommend denial of the Fairfield project and further recommended the City purchase all the property owned by Tandem Corporation through private funding sources by May 15, 1993. Jim Ostenson, Tandem Properties, owner of the property, presented a revised plan eliminating the seven lots west of Candlewood Parkway, thereby limiting construction to the open area and to the least desirable portion of the "big woods" consisting of about three acres. Ostenson said Tandem and Centex, the developer, were willing to proceed with this revised development, only, for now. Tandem would then withhold the rest of their property from development for a period of time to allow an opportunity to explore options to purchase the balance of the property. He explained that Tandem did not own all of the "big woods" and showed the location of the other parcels, noting the owners involved. He added that the Tandem land was valued between $2.4 million to $3.5 million, in addition to which there were substantial special assessments existing on the property that would also need to be paid. Art Weeks, Chair of Heritage Preservation Commission, reported that the Commission had participated in the tour and concluded there was probable cause to designate this land, or a portion of it, as a heritage preservation site. He explained the process necessary through the State Historical Preservation Office,noting that tree cutting could be precluded in designated areas; however, it would not preclude development altogether. Weeks was unsure whether such a designation would be • considered a "taking" as was determined in a recently decided court case based on a similarly designated parcel of land. Councilmembers raised questions regarding availability of funding sources; whether other such sites existed in Eden Prairie; how many sites existed in the State of Minnesota; the amount of tree loss from the revised plan;and timing issues involving the requested Environmental Assessment Worksheet (EAW)• Lambert said that, for fifteen years, he had been monitoring grants and donations hoping to purchase the "big woods." He said the major difficulty had been that the site was not considered to be of regional significance; therefore, funding was limited or non-existent. He added that, while other sites existed in the City, none were of this size. Lambert explained that Kurt Rusterholtz, the Forest Ecologist who accompanied the group on the tour of the woods, had told the group there were originally about 3,400 square miles of "big woods" in Minnesota, but currently there were about 3,400 acres remaining. Most of the stands of"big woods," ranging from 10 to 600 acres, were in protected ownership of the State, County, or other park system. Ostenson explained that the amount of tree loss exclusive of public streets would be reduced approximately 3-4% with the revised proposal, leaving an additional 3.5 acres of the woods . undeveloped. Pauly explained the timing factors involved with the requested EAW, and acknowledged that State Statute allowed the City only 120 days from the date of application in which to act on the preliminary plat before it would be automatically approved. Ostenson said the area had already been extensively City Council Meeting 4 August 18, 1992 reviewed through a variety of processes, including the Environmental Impact Statement prepared f the upgrading of Highway No. 212 by the Minnesota Department of Transportation; therefore, h* expected that there may be no finding of a need for an EAW. Diane Lynch and Claire Hil eman, members of the Parks, Recreation and Natural Resources Commission, discussed the findings of the tour held the previous night. They related the facts given by Rusterholtz, and explained plans to raise money to purchase the woods by implementation of a grass roots fund raising campaign. Councilmembers asked questions about the experience of the Commission with fund raising and how this particular parcel of land ranked amongst all other natural resources in the community, such as the Minnesota River Valley. Lynch responded that she was unaware of anyone on the Commission with such fund raising experience but believed the simplicity of raising $42 per person on a one time basis would work. She added that the Commission had not prioritized this natural resource amongst others like the Minnesota River Valley, but she believed it was because the majority of people were unaware of its existence. Lynch emphasized that the request of the Council at this point was for more time to see if raising funds privately was feasible. Jackie McMillan, 7924 Island Road, President of the homeowners' association in this area, said she had faxed a petition with 75 signatures to the Environmental Quality Board requesting an EAW be prepared on the property. • Chuck Willcox, 16427 South Manor Road, Ken Brown, 6840 Parkview Lane, Scott Wallace, 12465 Sunnybrook Road, Pat Minton, 7994 Island Road, Cindy Eyden, 6885 - 192nd Avenue West, Gerard Wersal, 12645 Sunnybrook Road, and George Grantier, 6266 Rainbow Drive, spoke to preservation of this natural resource and asked for time to explore options to fund the purchase of the property. MOTION: Harris moved, seconded by Pidcock, to close the public hearing. Motion carried unanimously. Councilmembers discussed several concerns, including:preservation of the natural resource; difficulty of funding such a purchase from City funds at a time when budgets were becoming tighter and resources less available; fair treatment of the developer and the property owner; possibilities of forming partnerships with the private sector to preserve the woods; provision of an adequate street connection for the existing neighborhoods with extension of Candlewood Parkway to the north; and consideration of a zoning district with larger lot sizes for greater protection of the woods. Councilmembers concurred that the funding was not available from the City's budget, nor would it be in the future. They agreed that, if an additional $3 - 4 million was available, it would likely be designated toward human service needs such as housing and other needed services, rather than parkland purchases. MOTION: Harris moved, seconded by Jessen, to: • 1) Adopt 1st reading of Ordinance No. 29-92 for rezoning; 2) Adopt Resolution No. 92-167, approving the preliminary plat; and City Council Meeting 5 August 18, 1992 • 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and with the added condition that there shall be no development proposal submitted for the remaining acreage of the"big woods" owned by Tandem and others located west of Fairfield West until May 15, 1993, in order to assess the possibility of funding purchase of the land through private sources. Motion failed with Anderson and Pidcock voting against. Tenpas called a recess at 9:50 p.m. The meeting reconvened at 10:05 p.m. MOTION TO RECONSIDER THE PREVIOUS MOTION was made by Pidcock, seconded by Anderson. Motion carried unanimously. Councilmembers continued their discussion of legal concerns of any decision made at this time on this proposal. MOTION: Pidcock moved, seconded by Anderson continue the item to September 15, 1992, and seek advice from the City Attorney regarding timing for actions. Motion carried unanimously. B. MARSH CREEK GOLF COURSE by Sienna Corporation. Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on 60 acres, and to relocate Dell Road and Scenic Heights Road; and Planned Unit Development (PUD) Concept Review on 419 acres. • Location: East of Riley Lake, north of Pioneer Trail. (Resolution No. 92-174 - Comprehensive Guide Plan Change; and Resolution No. 92-175 - PUD Concept Review) Rick Packer, Sienna Corporation, explained the development request for a professionally-designed golf course and a swim and tennis club, combined with 250-350 upper-bracket, single-family houses. Packer stated that private streets were proposed and would be constructed to City standards, with emergency access points in several locations. He said the streets were proposed without sidewalks as a preferred condition in this type of neighborhood based on previous experience. Packer related that he had no control over dedication of the three outlots at the lake as their purchase agreement with the owner prohibited such dedication. Enger reported that the Planning Commission considered this proposal at three meetings, with a unanimous recommendation to approve the proposal with several conditions on July 27th. He explained that, since this was a PUD Concept, only, the detailed plans would be reviewed at a later date, including an EAW, preliminary plat, preservation plans for wetlands and woodlands, and final road alignments. He pointed out that the sidewalks were recommended for safety of pedestrians, particularly, school children. Lambert reported that the Parks,Recreation&Natural Resources Commission considered the proposal at two meetings and unanimously recommended approval of the project with conditions on August 3, 1992. He noted that the Commission felt sidewalks were not necessary as long as the streets were private; however, it was recommended that the developer's agreement include a condition that the • sidewalks must be constructed prior to the City ever accepting the streets for public maintenance. The Commission also discussed the relocation of the trail as proposed by the developer, and agreed that dedication of the outlots along Riley Lake would be a suitable "trade" for moving the trail out of the creek bed, which was a more desirable location for the trail. City Council Meeting 6 August 18, 1992 Councilmembers asked questions regarding why the property owner was reluctant to dedicate the outlots and whether there was any room for negotiation on the matter and regarding trail access f0V the residents of the development and for the public through the property. Paul Anderson, attorney for Elaine Jacques, owner of the outlots, expressed her concerns regarding a desire for a buffer from the noise of a park and for provision of a permanent access for her family to Riley Lake in the future. Anderson suggested that it may be possible to negotiate with her further. Packer stated that the public trails within the development would, of course, be available at all times for public use; however, if the public wished to use the private trail connections of the development which were designed to connect the residents within the development to the public trails, they would be asked to check in at the main gate. Wally Anderson, 9014 Riley Lake Road, stated he was generally in favor of the project, but concerned about the activities at Riley Lake, including drinking, loud music, foul language, and disregard for parking regulations, which interfered with the normal neighborhood traffic. He believed it would not be in the best interest of the neighborhood to add land to the park given the present activities. MOTION: Pidcock moved, seconded by Anderson, to extend the meeting to 11:30 p.m. Motion carried unanimously. • John Bushey, 9000 Riley Lake Road, expressed concern about private roads, location of the trail for safety purposes, water quality, and adequate erosion control, and he agreed with Anderson regarding problems in Riley Lake Park. MOTION: Jessen moved, seconded by Harris, to close the public hearing. Motion carried unanimously. Councilmembers discussed several considerations for the PUD, directing as follows: further negotiations should be attempted with Mrs. Jacques regarding the outlots; the trail location should be safe and in the best location for use of the residents; public trails within the development should be accessible to the public at all times; the wetlands, including special vegetation like the cranberry bog, should be preserved; the school district should review and comment on the street patterns, particularly the size of the proposed cul-de-sacs for bus maneuvering; and, the private streets may be constructed without sidewalks at this time, but, a condition should be included in the developer's agreement requiring that the sidewalks will be constructed prior to acceptance of any street for public maintenance by the City. MOTION: Harris moved, seconded by Pidcock, to: 1) Adopt Resolution No. 92-174 for Comprehensive Guide Plan Change; • 2) Adopt Resolution No. 92-175 for Approval of the PUD Concept Review; and City Council Meeting 7 August 18, 1992 • 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and including the directions by Council as discussed at this meeting. Motion carried unanimously. C. GLENSHIRE by Associated Investment. Request for Comprehensive Guide Plan Change on 4 acres from Church to Medium Density Residential; PUD Concept Review on 30.6 acres; PUD District Review on 6.1 acres with waivers; Rezoning from Rural to R1-9.5 on 6.1 acres, and Preliminary Plat of 6.1 acres into 19 lots and road right-of-way. Location: East of Edenvale Boulevard, north of Valley View Road. (Resolution No. 92-168-Comprehensive Guide Plan Change; Resolution No. 92-169 - PUD Concept Review; Ordinance No. 28-92-PUD-5-92 - PUD District Review and Rezoning from Rural to R1-9.5; and Resolution No. 92-170 - Preliminary PIat) Tom Robertson, Associated Investment, reviewed the request to develop 19 single-family residential lots. Enger reported that the Planning Commission recommended approval of the proposal at its June 22nd; Lambert said the Parks, Recreation & Natural Resources Commission also recommended approval at its July 6th meeting. There were no comments from members of the audience. MOTION: Pidcock moved, seconded by Harris, to: 1) Close the Public Hearing; • 2) Adopt Resolution No. 92-168 for Comprehensive Guide Plan Change; 3) Adopt Resolution No. 92-169 to approve the PUD Concept Review; 4) Approve 1st Reading of Ordinance No. 28-92-PUD-5-92 for PUD District Review and Rezoning from Rural to R1-9.5; 5) Adopt Resolution No. 92-170 to Approve the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Pidcock, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye " VI. ORDINANCES AND RESOLUTIONS *VI1. PETITIONS. REOUESTS AND COMMUNICATIONS A. Request from Donald Atkins to Speak to Erosion Problems within the City of Eden Prairie (Continued to September 1, 1992) City Council Meeting 8 August 18, 1992 VM. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES • A. Presentation on South Hennepin Regional Planning Agency Work Plan South Hennepin Regional Planning Agency presented its work plan for the next twelve months, which had been endorsed by the Human Rights & Services Commission in August. MOTION: Hams moved, seconded by Anderson, to approve the South Hennepin Regional Planning Agency 1992-93 as submitted. Motion carried unanimously. B. Request by the Historical & Cultural Commission for Additional Funding for a Planned Storage Facility at Staring Lake Park (Continued to September 1, 1992) IX. APPOINTMENTS A. Appointment of 1 member to the Planning Commission to fill an unexpired term to 2/28/94 (Continued to September 1, 1992) B. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to 2/28/94 (Continued to September 1, 1992) X. REPORTS OF OFFICERS A. Reports of Councilmembers • 1. Mayor Tenpas - Discussion on Per Diem for Councilmembers (Continued to September 1, 1992) B. Report of City Manager 1. Cultural Diversity Program Proposal Swaggert and Clark presented a proposal on integrating cultural diversity issues in a number of areas of the City's operations. MOTION: Hams moved, seconded by Pidcock, to approve the proposed Cultural Diversity Program dated August 3, 1992, and to direct Staff to begin implementation of the program based on the directions outlined in the program. Motion carried unanimously. 2. Set August 25, 1992 as Date for Management/Council Workshop Councilmembers concurred with the arrangements set for the next Council/Staff Workshop to be held on August 25, 1992 from 5:30 to 9:00 p.m. at the Eden Prairie Senior Center. 3. Reschedule City Council Meeting of December 1. 1992 to December 8. 1992 (Continued t� September 1, 1992) 4. Request from Parks. Recreation & Natural Resources Commission to Set a Joint Meeting for October 6 1992 at 6:00 PM (Continued to September 1, 1992) City Council Meeting 9 August 18, 1992 • C. Report of Director of Parks. Recreation & Natural Resource . 1. Recommend Award of Contract for Construction of Community Center Entry Earlier this year, Council authorized a renovation of the Community Center entrance and access. Staff reviewed the details involved in the bid to be awarded. MOTION: Jessen moved, seconded by Harris, to award the contract for the Community Center entry renovation to Shingobee Construction for $235,144, with alternatives as recommended by Staff. Motion carried unanimously. D. Report of Director of Public Works 1. Tree Planting in the Right-of-Way (Continued to September 1, 1992) XI. OTHER BUSINESS XIL ADJOURNMENT MOTION TO ADJOURN was made by Hams, seconded by Anderson. Mayor Tenpas adjourned the meeting at 11:45 p.m.