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City Council - 10/04/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 4, 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, Assistant City Manager 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 CALI. Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added item XI.A.1. Discontinuance of Joint City/Community Education Program Brochure. Pidcock added item XI.A.2. Discussion of Parks & Recreation Commission. Jullie added item XI.D.1. Progress Report on Fixed Asset Inventory. MOTION: Pidcock moved, seconded by Jessen, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM Jack Shimota, President of the Eden Prairie FoxJet Swim Club, expressed concern about the hardship the proposed changes to the hours at the Community Center would impose on the students in the club. Tenpas said there will be a meeting scheduled soon with representatives of the FoxJets and the Parks Commission that Councilmember Jessen has also agreed to attend. III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 20 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the September 20, 1994, meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-152, APPROVING RAFFLE PERMIT - TELEPHONE PIONEERS City Council Minutes 2 October 4, 1994 C. APPROVE CHANGE ORDER NO. 1 FOR DELL ROAD I C 93-5312 D. NORWEST BANK 2nd Reading of an Ordinance for Zoning District Amendment on approximately 2 acres for a 2,800 square foot bank addition and Adoption of a Resolution Approving Site Plan Review for Norwest. Location: 935 Prairie Center Drive. (Ordinance #37-94, Zoning District Amendment and Resolution #94-153, Site Plan Review) E. EDEN PRAIRIE MALL EXPANSION- PHASE H by Homart Development Company. 2nd Reading of an Ordinance for PUD District Review with waivers on 80 acres, Zoning District Amendment on 80 acres, Adoption of a Resolution Approving Site Plan Review on 80 acres, and Approval of a Developer's Agreement for Eden Prairie Mall Expansion - Phase H (Ordinance #38-94-PUD-6-94, PUD District Review and Zoning District Amendment and Resolution #94-154, Site Plan Review) F. RESOLUTION #94-155, APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8TH GENERAL ELECTION MOTION: Harris moved, seconded by Pidcock, to approve items A. - F. 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) Continued from August 16, September 6, 1994, and September 20, 1994) Jullie said K-P Properties has asked to withdraw their request. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and return the project to the proponent without prejudice. Motion carried unanimously. B. 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 #94-156, PUD Concept Review, Ordinance for PUD District Review and Resolution #94-157, Preliminary Plat) Continued from September 20, 1994 Beth Simonstad, representing Hustad Land, reviewed the proposal. Enger said the Planning Commission unanimously approved the at their August 22, 1994, meeting. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project on October 3rd and recommended approval, with the additional recommendations that, prior to 2nd Reading, the developer designate the location of a trail from the end of the existing plat to the river through the outlot and that construction of the sidewalk trail connection to Riverview Road and East Riverview Road be tied to an early trigger in the 2nd Addition, such as building permits. It is City Council Minutes 3 October 4, 1994 important that the sidewalk be constructed before any more homes are constructed to ensure that people are not surprised by a sidewalk in the future. Dietz noted that the extension of the right-of-way to the east is shown as an outlot on the plans rather than a right-of-way, and asked that the plans be corrected to resolve that discrepancy. He also noted for the record that the City plans to abandon the existing temporary lift station on the site in favor of the one to be constructed with this phase of the project. Councilmembers expressed concern about the possible acquisition of additional land for the Minnesota Wildlife Refuge, the questions raised by the neighborhood concerning the height of the project, and whether all of the trail issues are feasible with respect to the development plans. Lambert said it should be feasible to connect the sidewalk to Riverview Road, and recent discussions with the U.S. Fish & Wildlife Service indicate that they have returned to their original boundaries and will not seek to acquire any of this property. Simonstad said the property where the proposed sidewalk connection is located is owned by the builder but is within the right-of-way. Laurel Bluml, 10540 W. Riverview Drive, expressed several concerns including inadequate and incorrect notification for the proposal, changes to this portion of the river bluffs area without having an overall plan for the bluffs, the increased traffic on East Riverview Drive that will occur with the planned development and the road extension to the first cul-de-sac, the calculation of the tree loss as including trees on the floodplain, and the Williams Pipeline access. Jessen said the Open Space Committee recommended not to purchase this property as part of their preliminary plan two years ago since there were no funds for the purchase. Enger said the PUD is the entire property, so the tree calculation is on all of the owned property. Dietz said the primary pipeline access is the MWCC access in the floodplain, and, if any other access were necessary, they would consider strengthening the driveway along the east line with the stipulation that Williams would make any necessary repairs. Dennis Chase, 10531 East Riverview Drive, expressed concern that there may be an adverse impact on the environment and that the siting and the elevations of the homes might interfere with the view from his home, affecting the value of his property. Simonstad reviewed the scenic easement that will be placed on the back of Lot 9 that will protect the view for the neighbors. Gay Pope, 10541 East Riverview Drive, expressed concern that the primary value of their lot is the view and this development may adversely affect that view, that there should be a one-story home built in the lot directly adjacent to their property, and that the trees behind the proposed properties should be saved as much as possible. Laurel Bluml expressed concern about the possibility that the outlot is being created in order to extend the roadway, the fact that the Metropolitan Council recommended that the development not be approved two years ago because of the wildlife and the bluffs, the proposed trail giving access to the floodplain areas and causing increased traffic through the areas that suffered severe erosion in 1987 and 1988, and the delay in the restoration of vegetation lost during those years. City Council Minutes 4 October 4, 1994 Dietz said there is a possibility that the roadway could go out to Riverview Road; however, there is not a potential for a very large number of homes even with future development of the Schlampp property. Lambert said there will be a trail access at this point, five or six accesses are planned to the river trail from our trail system, and the Metropolitan Waste Commission has indicated that much of the replanted vegetation has been killed by deer browsing. Lambert said Staff recommends that the developer show on the map a designated location for a cleared connection to the trail down to the river. Kevin Bluml, 10540 W. Riverview Drive, was concerned about the same problems from two years ago recurring, the trail being closer to his home now, and the additional traffic through his neighborhood. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing; and to approve 1st Reading of an Ordinance for PUD District Review with waivers on 12.85 acres. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution #94-156, PUD Concept Review on 39.85 acres; to adopt Resolution #94-157, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating the Commission, Staff and Council recommendations, including the continuance of the sidewalk from Riverview Road and East Riverview Road. Motion carried unanimously. C. 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) Continued from September 20, 1994 Jerry Roper and Craig Barnes, representing McDonalds, reviewed the changes made to the proposal after the September 20th meeting. There were no comments from the audience. Councilmembers expressed concern that the changes proposed did not help to integrate the building with the existing architectural integrity of the area and that the playland addition is still out of proportion with the restaurant building. Councilmembers suggested that the developer work with Staff to revise the design. MOTION: Pidcock moved, seconded by Harris, to continue the request to the October 18th meeting. Motion carried unanimously. D. WESTGATE SUBSTATION by Northern States Power. Request for Zoning District Amendment in the I-General Zoning District on 7.10 acres and Site Plan Review on 7.10 acres. Location: Venture Lane and Martin Drive. (Ordinance for Zoning District Amendment) City Council Minutes 5 October 4, 1994 Stu Frazer, Community Services Manager for NSP, reviewed the proposal and requested an early grading permit if the project is approved. Enger said the Planning Commission recommended approval of the project on a vote of 6-0-1 at their meeting on September 12, 1994. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to approve lst Reading of a Zoning District Amendment in the I-General Zoning District; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. MOTION: Pidcock moved, seconded by Jessen, to approve the request for early grading of the property at the developer's risk. Motion carried unanimously. E. BEARPATH 4TH ADDITION by Bill Gilk and Sienna Corporation. Request for PUD District Amendment to the Bearpath PUD on 5.02 acres, Preliminary Plat of 51 acres into 9 single family lots and 4 outlots, Rezoning from Rural to R1-13.5 on 5.02 acres. Location: Dell Road and Highway 212. (Ordinance for PUD District Amendment, Rezoning from Rural to RI- 13.5 on 5.02 acres and Resolution #94-158, Preliminary Plat) John Vogelbacher, representing Sienna Corporation, reviewed the project. Enger said the Planning Commission recommended approval of the project at their September 26, 1994 meeting. He said Staff is now recommending the deletion of the requirement regarding a special assessments agreement. Lambert said the Parks, Recreation & Natural Resources Commission on October 3rd and unanimously recommended approval. Dick Putnam, representing Tandem properties, asked about plans for developing the rest of the Gilk property and the status of the Highway 212 project. Dietz said Staff would be meeting with MNDoT to review the Highway 212 issue, noting that the proposed acquisition line has been revised to minimize the land taken from the Gilk property. Enger said this proposal uses the remnants from the proposed taking for Highway 212. Councilmembers questioned Outlot D. Enger said it is a private road in Bearpath. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Amendment on 5.02 acres and Rezoning from Rural to R1-13.5 on 5.02 acres; to adopt Resolution #94-158, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. DOOLITTLES AIR CAFE by Doolittles Air Cafe. Request for Zoning District Amendment and Site Plan Review on 18.54 in the Commercial Regional Service Zoning District and Preliminary Plat of 21.41 acres into 2 lots and road right-of-way. Location: Singletree Lane and Prairie Center Drive. (Ordinance for Zoning District Amendment and Resolution #94- 159, Preliminary Plat) City Council Minutes 6 October 4, 1994 Jeffrey Rapp, of Michael Wilkus Architects, reviewed the project and requested an early grading permit if the project is approved. Enger said the Planning Commission recommended approval of the project by a 5-2 vote at their September 12, 1994 meeting. He said the main discussion at the Commission concerned whether the aviation tower is a sign and the exterior lighting on the building. He said Staff is recommending that the City standards for the downtown area be followed in order to be consistent. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval of this project at their September 19, 1994 meeting on a 6-0 vote, with the provision that the proponents agree to pay cash park fees of approximately $9,620. He added that the Commission recommended the cash park fees be based on this building plus the parking lot, even though the WalMart site was not subject to cash park fees at the time it was developed and, since it is now being subdivided, could be required to pay $69,000 in park fees. Councilmembers questioned why WalMart was not required to pay park fees at the time of development. Lambert said they bought the entire site and did not subdivide at that time. Dan Olson, Counsel for Doolittles, said they have tried to negotiate with WalMart about the park fees; however, WalMart has stated they would risk litigation over the contract and back out of the deal if the $69,000 park fees are assessed. There were no comments from the audience. Councilmembers discussed the park fees to be placed on the project and the possible setting of precedent if WalMart does not have to pay any of the fees or if the fees set for Doolittles are reduced from the frill amount due. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing. Motion carried unanimously. MOTION: Jessen moved, seconded by Pidcock to approve 1st Reading of the Ordinance amending the Zoning within the Commercial Regional Service Zoning District on 18.52 acres; to adopt Resolution #94-159, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including cash park fees in the amount of$5,000. Motion carried unanimously. MOTION: Jessen moved, seconded by Pidcock, to approve the request for early grading of the property at the developer's risk. Motion carried unanimously. G. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 3 lots. Location: Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change and Resolution #94-160, Preliminary Plat) Don Sorenson, attorney for Joe Ruzic, reviewed the request. Enger said the Planning Commission recommended unanimous approval of the project at their September 12, 1994, subject to recommendations of the Staff Report of September 9th and subject to reaching an City Council Minutes 7 October 4, 1994 appropriate agreement for removal of an existing metal garage on Mr. Ruzic's homestead when the property is sold, or in 20 years. Judy Frank, 6613 Cherokee Trail, expressed concern that the surrounding property was developed with strict covenants regarding outbuildings and now they will be forced to overlook construction equipment and the very large metal garage for the next 20 years. Councilmembers expressed concern that prior requirements set forth in initial development stage of this property may not have been met. Jullie said he did not recall what those were, and the records would have to be reviewed. Mr. Ruzic said he will remove the construction equipment from his property as soon as the constriction is completed. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve lst Reading of the Ordinance for Zoning District Change from Rural to R1-13.5; to adopt Resolution #94-160, Preliminary Plat approval; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations to include the additional agreement regarding the removal of the metal garage when the property is sold, developed, subdivided or at the end of 20 years. Further, that Staff is directed to research the records to determine if all previous requirements regarding development of this property have been met, and, if not, that the developer be required to meet all previous conditions prior to any additional development on this parcel. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Jessen, Pideock, and Tenpas voting "aye". VIL ORDINANCES AND RESOLUTIONS VHI. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN SERVICES COMMITTEE - (1 Appointment to fill a vacant term to 2/28/95) MOTION: Jessen moved, seconded by Harris, to appoint Lawrence Schram to the unexpired term ending February 28, 1995, on the Human Rights & Services Commission/Human Services Committee. Motion carried unanimously. B. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN RIGHTS COMMITTEE - (1 Appointment to fill a vacant term to 2/28/96 City Council Minutes 8 October 4, 1994 MOTION: Jessen moved, seconded by Harris, to appoint Munna Yasiri to the unexpired term ending February 28, 1996, on the Human Rights and Services Commission/Human Rights Committee. Motion carried unanimously. C. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN RIGHTS COMMITTEE - (1 Appointment to fill a vacant term to 2/28/97 MOTION: Jessen moved, seconded by Harris, to appoint Dianna Nelson to the unexpired term ending February 28, 1997, on the Human Rights & Services Commission/Human Rights Committee. Motion carried unanimously. D. HUMAN SERVICES COMMITTEE - (2 Appointments to fill vacancies) MOTION: Jessen moved, seconded by Harris, to appoint Pat Nash and Ramon Reina to vacancies on the Human Services Committee. Motion carried unanimously. E. APPOINTMENT OF YOUTH/STUDENT REPRESENTATIVES TO COMMISSIONS MOTION: Jessen moved, seconded by Pidcock, to appoint the following people as Youth/Student Representatives to the City's Commissions and Boards: Keilah Beth Amundson Heritage Preservation Commission Mark Bremer PRNR Commission Mandy Lewis Environmental & Waste Management Commission Matthew Mahoney Planning Commission Joseph Moarefi Human Rights & Services Commission Brian Mustanski PRNR Commission Sheila.Sahu Environmental & Waste Management Commission Jason Wainwright Arts Commission Henry Wang Human Rights & Services Commission Angela Lee Wutz Arts Commission Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discontinuance of joint City/Community Education Program Brochure Lambert said the Community Education staff has decided to discontinue the joint brochure because it has become too large. Jessen expressed concern that communications on such topics are not good. City Council Minutes 9 October 4, 1994 2. Discussion on Parks, Recreation & Natural Resources Commission Pidcock said she attended a recent meeting of the Commission and was impressed by their efficient and professional performance. B. REPORT OF DIRECTOR OF PARKS RECREATION & NATURAL RESOURCES 1. Review of Community Center Locker Room Expansion Plan and Recommended Community Center Future Improvements As Council directed earlier this year, Staff commissioned a study of the cost to expand the locker rooms and to address the problems of entry control at the Community Center. Lambert reviewed the staff report of October 4, 1994 that described the Community Center Locker Room Expansion Plan and recommended future Community Center improvements. He said the decisions made at the last Council meeting regarding the purchase of additional property in the City means that any expansion of this size will require a referendum. He suggested that these recommendations be considered as a concept plan that will be ready to use when the fiends are available. Councilmembers questioned the possibility of some interim measures that could address the problem of inadequate locker room space. Lambert said it would be difficult to address the locker room space without involving other areas of the building. Councilmembers suggested that Staff treat this as a money issue and determine what additional revenue the improved locker room space would create, that the Council should have a workshop to make some decisions on issues like this, and that as the budgets are prepared, we should break out revenue increases due to referenda passed by the public. MOTION: Jessen moved, seconded by Harris, to approve Scheme E as the preliminary floor plan for future expansion at the Eden Prairie Community Center. Motion carried unanimously. C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Progress Report on Fixed Asset Inventory Enger said we are switching to a new program to develop the 10,000-item inventory of our $80 million in fixed assets. He said City Auditor Bill McCue suggested that a $1,000 threshold is reasonable and that items under $1,000 should be done in a group. He said they are targeting March of 1995 for completion. Councilmembers questioned why the threshold could not be set higher. Enger said $1,000 is a comfort level for the auditor. MOTION: Jessen moved, seconded by Pidcock, to accept the recommendations of the auditor for implementing the fixed asset inventory for items over $1,000 in value. Motion carried unanimously. City Council Minutes 10 October 4, 1994 D. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Sale of Parcel of Land to Wallace Hilg_ren Wear Flo) Dietz reviewed his memo of October 4, 1994, which outlined the proposed sale. MOTION: Harris moved, seconded by Pidcock, to authorize the City Manager to enter into a purchase agreement for the sale of property to Wallace Hilgren, per the recommendations of the Staff Report of October 4, 1994. Motion carried unanimously. 2. Review of Midwest Asphalt Land Alteration Permit (Continued from September 6, 1994) MOTION: Harris moved, seconded by Pidcock, to continue this item to the October 18, 1994, meeting. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas closed the meeting at 10:20 p.m.