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City Council - 09/20/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 20, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Director of Community Development Chris Enger,Director of Parks,Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. PRESENTATION OF LETTER OF RECOGNITION TO JEFFREY SCULLY Mayor Tenpas presented Jeffrey Scully a Letter of Recognition for his actions leading to the arrest of four persons who were attempting to steal vehicles. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added item XI. A. 1. ENFORCEMENT OF REVISED SIGN ORDINANCE. Jullie added item IV. K. APPRAISAL REPORT FOR OLD SHAKOPEE ROAD RIGHT-OF-WAY ACCESS. MOTION: Pidcock moved, seconded by Jessen, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM Bill Byrnes, 9189 Riviera Court, expressed concern about the revised sign ordinance containing neither a sunset clause nor a civil remedy clause, and said he thought there should be a requirement for a site filing with the City prior to the erection of the sign. M. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, AUGUST 30, 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the Special City Council meeting of Tuesday, August 30, 1994, as submitted. Motion carried unanimously. City Council Minutes 2 September 20, 1994 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 1994 MOTION: Harris moved, seconded by Pidcock to approve the minutes of the City Council meeting of Tuesday, September 6, 1994, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF NOISE ORDINANCE #34-94 C. EDEN PRAIRIE METRO MINI-STORAGE 2nd Reading of Ordinance #35-94, Zoning District Amendment; Adoption of Resolution #94-142, Approving Site Plan Review for Eden Prairie Metro Mini-Storage; Approval of a Developer's Agreement for Eden Prairie Metro Mini- Storage by Property Resources Corporation. Location: 6851 Flying Cloud Drive. (Ordinance #35-94, Zoning District Amendment and Resolution #94-142, Site Plan Review) D. CHRIST LUTHERAN CHURCH FELLOWSHIP HALL 2nd Reading of Ordinance#36-94, Zoning District Amendment; Adoption of Resolution #94-143, Approving Site Plan Review for Christ Lutheran Church Fellowship Hall; Approval of a Developer's Agreement for Christ Lutheran Church Fellowship Hall by Christ Lutheran Church. Location: 16900 Main Street. (Ordinance #36-94, Zoning District Amendment and Resolution#94-143,Site Plan Review) E. AWARD BID FOR PLAY STRUCTURE AT MILLER PARK F. AWARD BID FOR PLAY STRUCTURE AT EDEN LAKE PARK G. RESOLUTION #94-144, DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE H. RESOLUTION #94-145, FINAL PLAT FOR .TOE AND ARLENE TULLIE ADDITION I. RESOLUTION #94-146, AUTHORIZING SUBMITTAL OF RECYCLING GRANT APPLICATION TO HENNEPIN COUNTY FOR 1995-1999 J. APPRAISAL REPORT FOR OLD SHAKOPEE ROAD RIGHT-OF-WAY ACCESS MOTION: Pidcock moved, seconded by Harris, to approve items A. - J. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 11 acres, Preliminary Plat of 11 acres into 16 single family lots and road right-of-way. Location: Duck Lake Road and Duck Lake Trail. (Ordinance for Zoning District Change from Rural to R1-13.5 on 11.04 acres and Resolution for Preliminary Plat of 11.04 acres) City Council Minutes 3 September 20, 1994 Proponents have requested continuance of this item to the October 4th meeting. MOTION: Pidcock moved, seconded by lessen, to continue this item to the October 4th meeting as requested by the proponent. Motion carried unanimously. B. BUCA RESTAURANT by Parasole Restaurant Holdings, Inc. Request for Zoning District Amendment within the Community Commercial Zoning District and Site Plan Review on 1.25 acres for a 4,200 sq. ft. restaurant addition. Location: Highway 5 and Mitchell Road. (Ordinance for Zoning District Amendment within the Community Commercial Zoning District) Continued from September 6, 1994 Dale Wenkus, architect for the Parasole Restaurant Holdings, Inc., reviewed the request to build a 4,200 square foot addition to the former Mexican Village restaurant, noting that no variances are required and that they are negotiating for additional property across the street in order to provide extra parking. Councilmembers questioned whether there would be a cash park fee and how close the addition to the building will be to the creek. Enger said this is part of the Edenvale addition so there will be no additional cash park fees, and the property is over 300 feet from the creek. There were no comments from the audience. MOTION: lessen moved, seconded by Harris, to close the public hearing, to approve 1st Reading of the ordinance for Zoning District Amendment within the Community Commercial Zoning District, and to direct Staff to prepare a Developer's Agreement incorporating Staff and Commission recommendations. Motion carried unanimously. C. RIVERVIEW HEIGHTS 2ND ADDITION by Hustad Homes and Robert and James Brown. Request for PUD Concept Review on 39.45 acres and PUD District Review with waivers on 12.85 acres in the R1-22 Zoning District and Preliminary Plat of 12.85 acres into 12 single family lots. Location: Riverview Road east. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Resolution for Preliminary Plat) The proponents requested continuance of this item to the October 4th meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item to the October 4th meeting as requested by the proponent. Motion carried unanimously. D. HARTFORD PLACE by Ryan Companies. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.20 acres and from Office to Low Density Residential on 13.69 acres, PUD Concept Review on 110 acres, PUD District Review on 88 acres, Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots and 3 outlots, Rezoning from Office to R1-13.5 on 13.69 acres, Rezoning from Office to RM-6.5 on 35.20 acres, Rezoning from Office to Commercial Regional Service on 5 acres and Site Plan Review on 88 acres. Location: Rolling Hills Road and Prairie Center Drive. (Resolution for Comprehensive Guide Plan,Resolution City Council Minutes 4 September 20, 1994 for PUD Concept Review, Resolution for Preliminary Plat, Ordinance for Rezoning from Office to R1-13.5, Office to RM-6.5) Bill McHale, representing Ryan Companies, reviewed the details of the project and the results of the neighborhood meetings that were held to present the project. Enger said the Planning Commission reviewed the proposal at the August 8th, August 22nd and September 12th and recommended approval at their September 12th meeting, subject to the recommendations of the Staff Report of September 9, 1994, with the condition that Area 3 remain guided and zoned office. Enger reviewed the recommendations, noting that Area 7 must return to the Planning Commission and City Council for site plan review of the proposed development prior to building construction. Lambert said the Parks Commission reviewed the proposal and recommended approval. George Bentley, 14292 Golf View Drive, questioned whether this is the highest and best use of this land since it is a downzoning of property that is prime office space in the Major Center Area. He said he believes the housing property along the lake near Gelco poses a threat to the lake and the sensitive area that surrounds it. He said residents had been led to believe that this would be developed as an office park and that is what they want. He did not think that the new residential areas proposed are compatible with the existing neighborhoods and that the "low-cost housing" proposed is not of the type that the state legislature is talking about. He asked about transit plans for the development. Enger said he understood that it will be served by Southwest Metro Transit and that work is being done on further details. Craig Peterson, representing Gelco Corporation, said they are opposed to the rezoning of the lakeshore portion of Anderson Lake from office to residential because it creates a zoning island that is unprecedented in the metro area. He noted that their operation has a high volume of delivery traffic, their air conditioning units run year round, seven days a week and will be heard by the nearby residents, and they plan to enhance their parking lot lighting for their second shift operations soon which may impact one of the proposed residential areas. He said they are very concerned about property depreciation. He said they support the Planning Commission's recommendation that Area 3 remain office space. Councilmembers questioned what the adverse affect might be of the high volume deliveries, the air conditioning units and the lighting upgrade. Steve Schwanke, representing RLK, said their traffic counts indicate that the traffic has normal patterns, that noise monitoring of the air conditioning units indicated levels within the state standards, and that the lighting will probably be screened with the existing vegetation and berms. Charlie Gravelle, 8650 Black Maple Drive, was concerned that the office building proposed in the 1979 plan was much farther away from the residential area than this development, and would like to see the same setback requirements and berming as in the 1979 plan. Bill O'Reilly, 11145 Lanewood Circle, expressed concern about sidewalks or trails. Lambert said there is a revised trail connection to Center Way, and that the sidewalk to Nesbitt Park will be extended from Center Way. City Council Minutes 5 September 20, 1994 Councilmembers questioned the lack of a trail connection to the second cul-de-sac and whether there is a recreational area planned by Hennepin Parks off Anderson Lakes Parkway. Lambert said there may be a potential problem because there is no trail nor is there a place for one. He said there is a Regional Park Reserve planned with a nature center; however, it will be on the east side of the area, not here on the west side. Ron Borchardt, 10996 Hyland Terrace, was not concerned about additional traffic to Nesbitt Park since it is primarily a ballfield and has few facilities for younger children. He liked the reverse flow of traffic that the new proposal will bring. George DeBeck, 10635 Northmark Drive, agreed with the recommendation about Area 3, and thought the single family homes on the lakefront should be eliminated because of the "checkerboard" effect of development and the possible adverse effect on the lake itself. Mark Orchard, 10160 Fieldcrest Road, would prefer commercial zoning as he would not see it from his property, and was concerned about increased traffic from residential the development. Dorothy Severson, 10660 Northmark Drive, said her property is the lowest in the area, and she is concerned about the two story houses with walkouts that will be above her property. George Edwards, 11250 Lanewood Circle, said there will be a townhouse within 200 feet of his property line, and he is concerned about the project causing lower property values. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Councilmembers expressed concern about the lack of fencing along some of the areas that are adjacent to Highway 494 and the areas near Anderson Lake, about the residential area placed between two commercial areas in a "checkerboard" fashion, and about the effect of the development on Anderson Lake and its surrounding area. Councilmembers asked the proponent to review the sight lines from the various developments and the price ranges expected for the residential areas. Janine Krone, representing proponent, reviewed the sight lines, the berming and the trail system throughout the development. McHale said the Pulte homes will range from$79,000 to$125,000, the Smith homes from$200,000 and up, and the Nedegaard homes from $300,000 and up. Councilmembers expressed concern about the problems with business deliveries through the new residential areas and about the proposed median at the entrance to the Nedegaard homes. Enger said the problem with the entrance median is the public maintenance involved and Staff would recommend that the entrance feature be placed on either corner. MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution #94-147, approving the Comprehensive Guide Plan change from Office to Regional Commercial, from Office to Medium Density Residential, and from Office to Low Density Residential; to adopt Resolution #94-148, approving the Planned Unit Development Concept; to adopt 1st Reading of the Ordinance for Rezoning from Office to R1-13.5, Office to RM-6.5, and Office to Commercial Regional City Council Minutes 6 September 20, 1994 Service; to adopt Resolution #94-149, approving the Preliminary Plat; to direct Staff to prepare a Developer's Agreement incorporating Staff and Commission recommendations; and to direct Staff to make provisions for the approval of Area 3 along the lakeshore, the median issue, and the possible noise and lighting problems from the Gelco facility, to review the trail connections to be sure they have been properly addressed, and to return to the Council with a clear statement of what will be done. AMENDMENT TO THE MOTION: Harris moved, seconded by Pidcock, to request that developer and Staff work together to give due consideration to the concerns expressed by the Gelco representative. Motion carried 3-1 with Tenpas opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 3-1 with Tenpas opposed. E. MCDONALDS PLAYLAND ADDITION by McDonalds. Request for PUD Concept Amendment and PUD District Review on 1.5 acres, Site Plan Review and Zoning District Amendment on 1.5 acres for a playland addition. Location: Prairie Center Drive and Highway 169. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Jerry Roper, project architect, reviewed the proposal to build an indoor playland adjacent to the current McDonalds restaurant. Enger said the Planning Commission reviewed the project at the July llth and August 22nd meetings and, at the August 22nd meeting, unanimously recommended denial of the proposal because of its architectural incompatibility with the adjacent McDonalds restaurant as required by City code. There were no comments from the audience. Councilmembers expressed concern about the height of the structure, the lack of transition from the restaurant to the playland, the visual fit in the surrounding area, and the consideration given to handicap access. MOTION: Pidcock moved, seconded by Harris, to continue the item to the October 4th meeting to allow time for proponent to revise the proposal. Motion carried unanimously. F. VACATION 94-07, DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT B, GLENSHIRE (Resolution 94-150) There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing, and to adopt Resolution #94-150, approving the vacation of drainage and utility easements within Outlot B, Glenshire. Motion carried unanimously. G. VACATION 94-08, SCENIC EASEMENT OVER PART OF LOT 1. BLOCK 1. BLUFF'S EAST FOURTH ADDITION (Resolution #94-151) City Council Minutes 7 September 20, 1994 There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing, and to adopt Resolution #94-151, approving the vacation of the scenic easement over Part of Lot 1, Block 1, Bluffs East Fourth Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS APPROVAL OF VARIANCES #94-17, TANEN, 6525 ROWLAND ROAD (Continued from September 6, 1994) Jullie said this request has been withdrawn. MOTION: Pidcock moved, seconded by Harris, to accept the withdrawal of the request and to withdraw the action of the Board of Appeals on this request. Motion carried unanimously. B. REQUEST FROM RIDGE 2ND RESIDENTS-TRAFFIC CONCERNS ON EVENER WAY & DELL ROAD Terry VanMaasdam, 7627 Kimberly Lane, presented a petition from the Evener Way and Dell Road neighborhood requesting additional monitoring of the traffic speed in the area and consideration of additional methods of traffic control. He said Evener Way is used as a short cut from Dell Road to Valley View, particularly by students going to the high school. He said the new development on Dell and Highway 5 will add to the traffic volume. Jeannie VanMaasdam, 7627 Kimberly Lane, said they are asking for regular patrolling of the area as one of the answers. Councilmembers discussed possible solutions, including posting signs that would prohibit right turns during rush hours, similar to those in the Eden Lake area. MOTION: Harris moved, seconded by Pidcock, to refer this request to Staff for additional study and to return with recommendations to solve the problem at the November 1st meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS City Council Minutes 8 September 20, 1994 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. ENFORCEMENT OF REVISED SIGN ORDINANCE Jessen expressed concern that the new sign ordinance is not being followed. He thought that Staff should vigorously enforce the new ordinance. Enger said they have been notifying campaign chairs about signs that are in violation of the new ordinance and giving them 24 hours to remove the signs, while commercial signs in the right-of-way have been taken down immediately and the signs given back to the owner if requested. Councilmembers suggested that the campaign signs simply be removed without notice and that the signs of repeat violators be confiscated. Councilmembers expressed concern about the inordinate amount of time that has been spent on this issue. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. UPDATE ON LAND ACQUISITION STATUS AND FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Lambert reviewed his memo of September 20th providing an update on the land acquisition status and the five-year capital improvement program. He outlined the recommendations of the Parks Commission, based on the staff recommendations in the memo, which included exercising the option agreements on the Charlson and Trost properties at this time, authorizing the acquisition of the Whitehill property, continuing the negotiations on the George property, continue negotiations on the Klein/Peterson property in order to determine a final price, and considering a City survey in 1995 to evaluate public opinion on all of the items. MOTION: Jessen moved, seconded by Pidcock, to accept the recommendations of the Parks Commission and Staff for land acquisition and capital improvement programs, as outlined in the Staff Report of September 20th. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas closed the meeting at 10:40 p.m.