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City Council - 07/18/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 189 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNC11 MEMBERS: Mayor Jean Harris,Ronald Case,Patricia Pidcock,Ross Thorfmnson,Jr.and Nancy Tyra-Lukens 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 CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI. A. Police Cars. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PURGATORY CREEK RECREATION AREA ENTRY REVISED SCHEMATIC PLAN DESIGN SERVICES C. REAFFIRMATION OF THE EDEN PRAIRIE COMMUNITY MANIFESTO D. PAFKO 2ND ADDITION 2nd Reading of Ordinance 24-95 for Rezoning from R1-22 to R1-13.5 on 4.19 acres and Approval of a Developer's Agreement for Pafko 2nd Addition by Roger and Addie Halverson located at Kurtz Lane and northwest of Twin Cities and Western Railroad. (Ordinance 24-95 for Rezoning from R1-22 to R1-13.5) CITY COUNCIL MINUTES July 18, 1995 Page 2 E. APPROVE RESOLUTION 95-131 AUTHORIZING CONVEYANCE OF TAX FORFEITED LAND, LOT 4. BLOCK 1, EDEN PRAIRIE ACRES MOTION: Pidcock moved, seconded by Tyra-Lukens to approve items A-E on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. FOREST HILLS 8TH ADDITION by Taurus Properties. Request for rezoning from R1-22 to R1-13.5 on 9.1 acres and Preliminary Plat of 9.1 acres into 19 lots. Location: West of Baker Road south of Theresa Place. (An Ordinance for Rezoning from R1-22 to R1-13.5 and Resolution 95-132 for Preliminary Plat) Duane Dietrich, representing Taurus Properties, reviewed the project He said they have revised the project several times after meeting with the neighborhood and the Planning Commission. He said he would agree with the extension of Forest Hills Road if that is what the City wants; however, he was not in favor of including the pathway through the project. Case said he thought the pathway through the project was important to provide a connection in the system to Forest Hills Elementary School. Dietrich said he did not think pathways are a good idea because they tend to become poorly maintained and are not used a lot. Enger said the Planning Commission reviewed this on three occasions and recommended approval at the July 10, 1995, meeting on a unanimous vote, subject to the recommendations of the Staff Report of July 7, 1995, and with the recommendation that there be a sidewalk connection between this project and the Theresa Place cul-de-sac. He said the Board of Appeals will review the variances required for street frontage and lot size. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at their July 17th meeting and recommended approval on a 5-0 vote, per the recommendations of the Staff Report of July 7, 1995, and the July 17th Parks and Natural Resources Staff Report. Dietz said a neighborhood meeting was held prior to tonight's Council meeting to review the traffic report prepared by Benshoof & Associates addressing the effect on traffic patterns if Forest Hills Road is connected out to Baker Road. Gray reviewed the results of tonight's meeting with the neighbors regarding the traffic report. He said the connection out to Baker Road would produce a redistribution of traffic and would provide a better balance of traffic in the area. Pidcock asked how the extension of Forest Hills Road would impact the project. Gray said there would have to be a slight shift of the lots on the west side of the CITY COUNCIL NIINUTES July 18, 1995 Page 3 project since the set-back requirement would occur on one home on that side of the project. He said the developer would have to dedicate half of the right of way for the road. Case expressed concern about the perception of cut through traffic if Forest Hills Road is extended and asked if having no right turn during rush hours at Candace would eliminate the cut-through traffic. Gray said no right turn at that intersection would also affect the neighbors in this project, and he would recommend that a study be conducted after the project is completed in order to identify if there is a problem with cut-through traffic. Tyra-Lukens questioned the slope of the road connection out to Baker Road and if the slope would occur on the turn. Gray said the elevation is quite high, but the road could be built to stay within the 8% standard for street grade. He said the steepest part of the road occurs before the turn. Gray said that Staff would like to develop a storm sewer supplement to the south which would bring the elevation of the pond lower and decrease the frequency of ponding back up to the north. He said the undeveloped property to the south would benefit from this supplement. He said Staff would like to analyze this option which would be done as a City project and bring back a recommendation at the time the developer's agreement is presented. Thorfinnson questioned whether Staff is proposing to run Forest Hills Road straight out to Baker Road and if there are drainage problems on the lots to the north of this project. . Gray said they are proposing a more circuitous route that would deter some of the cut-through traffic. He said there is some concern among the neighbors to the north about the storm drainage. Tyra-Lukens expressed concern about the impact on the residents in this neighborhood if the area to the south is developed at 6.5 or 9.5 residential. Dietz said that would have to be dealt with at the time because we don't know what the proposal will be. Gray said the property to the south will have two ways out of the development. Dietz said the extension of Forest Hills Road would solve the problem of how to provide City services to two lots on the east end of Forest Hills Road. Larry Steinblock, 13710 Theresa Place, said he did not think the new development will have a bearing on traffic on Kingston and Golf View. He said he thought everything was worked out, and now the road extension is being proposed. He thought the project should come back for additional neighborhood review. John Mallo, 14000 Forest Hills Road, said, after three meetings with the Planning Commission, we now have a different plan. He had assumed the Council would be reviewing the plan approved by the Planning Commission. Noting the petition CITY COUNCIL MINUTES July 18, 1995 Page 4 from the neighborhood requesting Forest Hills Road to remain a cul-de-sac, he said their main complaint is with the traffic speed on Golf View and Kingston. Mike Zimmer, 3923 Kingston Drive, said he is concerned that the lot sizes in the development should be looked at in relationship to the entire neighborhood. He expressed concern about the traffic and the impact the road extension would have. Wendy Meyers, 14327 Golf View Drive, expressed concern about the current traffic in the neighborhood, noting that much of it travels in excess of 30 mph and there are no sidewalks on Golf View. She said the Police Dept. has told them it is difficult to patrol, and the City has turned down their requests for stop signs. She said the safety issues should be addressed and then reviewed suggestions for traffic safety in the area. Joann Meyer, 13695 Theresa Place, would like to see the number of lots further reduced, asked about the costs for connection and where the sewer and water will connect from Theresa Place for the new project, and asked for further information regarding the pond issue. Gray reviewed the location of the connection and said there will be no cost for the connection for the Theresa Place residents since there is no benefit to them. He said the change in the pond will increase the volume of storage available. Robert Gjersvik, 7102 Baker Road, said he owns the two lots on the east end of Forest Hills Road, and he would like to see the sewer put in at the same time the road extension is built so it doesn't have to be torn up later. Tracy Kieber. 6995 Marianne Drive, expressed concern about the traffic in the area of Baker and Valley View, and how the grading for this development will affect trees on her lot. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens asked if the traffic study gives a sense of the traffic flow on the side streets. Gray said the side streets will see a decrease in traffic volumes; however, the proposal will not change people's driving habits or speeds. He said we may need to change and adjust portions of Baker Road to help the traffic flow. Pidcock said there has been a history of problems with Kingston Drive and Golf View over the years. She was concerned that the developer has worked through the process and worked with the neighborhood and now we have produced the traffic study and are asking him to wait with his development. Gray said we do not intend to greatly delay the project, and it should be back on schedule with the developer's agreement if the Council makes a decision based on the information available tonight. CrrY COUNCIL MINUTES July 18, 1995 Page 5 Harris said her prejudice is to put a road through since any development to the south of this project would require an additional outlet, the extension has been a part of the long-range planning and conceptual framework for City development, and we need to take opportunities to move traffic more easily whenever possible. She suggested that Staff review the traffic issue in the neighborhood in light of safety and the heavy traffic volumes. Case said he sympathizes with the people on Forest Hills Road; however, he feels there are some larger issues of safety that we need to address, so he would support with some discomfort the connection of Forest Hills Road. He said he supports the sidewalk connection and would like to see the safety issue prioritized and the no right turn issue studied. Pidcock said she agreed that extending Forest Hills Road out to Baker Road is the wisest thing to do considering the overall safety of the community. She would like to see the sidewalk put through from this development to Theresa Place. Thorfinnson said one of the first issues he was confronted with on the Council was the Bennett Place project where an alternative roadway was needed but there was none available. He thought this is an opportunity to prevent another Bennett Place situation and to alleviate the traffic conditions in this neighborhood. He was concerned about the problems on Kingston Drive and Golf View Drive, and he supported the idea of conducting a traffic study. MOTION: Tyra-Lukens moved, seconded by Case, to approve the 1st Reading of an Ordinance for rezoning from R1-22 to R143.5; to adopt Resolution 95-132 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, to include the connection with Forest Hills Road, the sidewalk to Theresa Place, and conducting a study of traffic patterns on Golf View Drive and Kingston Drive in order to alleviate traffic problems there. Motion carried unanimously. B. PRESERVE VILLAGE CENTER by Semper Development. Request for Zoning District Amendment in the Community Commercial Zoning District on 9.46 acres, Site Plan Review on 9.46 acres and Preliminary Plat of 9.46 into one lot and road right-of-way. Location: Anderson Lakes Parkway and C.S.A.H. 18. (An Ordinance for Zoning District Amendment in the Community Commercial Zoning District and Resolution 95-133 for Preliminary Plat of 9.46 acres) John Kohler, architect for the project, reviewed the project design, noting that, because the Center will lose some parking spaces as a result of the upgrade to County Road 18, the building size has been decreased. Pidcock questioned whether the current tenants will continue in the redesigned project and if they will be able to continue business while the renovation is occurring. Craig Christenson, representing proponent, said they have met with all tenants and are working on proposals for them which will include details regarding continuing business. CITY COUNCIL MINUTES July 18, 1995 Page 6 Case expressed concern that the neighborhood hardware store will be gone and asked if proponent can seek a particular type of tenant. Christenson said they might be able to do that. Tyra-Lukens said she has a petition signed by 14 members of the Basswood Road area requesting that a hardware store stay within the development. Pidcock asked what plans there are for upgrading the berm to Clark Circle as part of the project. Kohler said they will take care of erosion in the area and repair the fence. Enger said the Planning Commission reviewed the project at their June 26th meeting and recommended approval on a unanimous vote, subject to the recommendations of the June 23rd Staff Report. The Parks Commission did not review the project. Gail Lunzer, 9702 Clark Circle, said she would prefer that they provide a continuity of color on the upper area of the new bulding rather than the variety of colors described by the architect. John Lunzer, 9702 Clark Circle, expressed concern about changing the entrances to the Center in such a way as to make it even more difficult for residents to get out of Garrison Way onto Anderson Lakes Parkway. He asked if the drive- through pharmacy traffic will exit out the back way to Anderson Lakes Parkway. Kohler said the drive-through traffic will be one way through to the front of the Center. Harris asked about progress on the upgrade to Anderson Lakes Parkway from County Road 18 to Garrison Way. Dietz said the project is let and they are doing some of the utility work now. The overall project should be completed by the end of next year. MOTION: Pidcock moved, seconded by Thorfinnson to close the Public Hearing; to approve 1st Reading of an Ordinance for Zoning District Amendment; to adopt Resolution 95-133 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. HARTFORD PLACE - OFFICE DEPOT by Ryan Construction Company of Minnesota, Inc.. Request for Planned Unit Development Concept Amendment on 4.43 acres, PUD District Review on 4.43 acres and Site Plan Review on 4.43 acres. Location: Lot 2, Block 1, Prairie Lakes Business Park. (Resolution 95- 134 for PUD Concept Amendment and an Ordinance for PUD District Review) Janine Crone, representing RLK, was available for questions. CITY COUNCIL MINUTES July 18, 1995 Page 7 Enger said the Planning Commission recommended approval of the project at the June 26, 1995, meeting on a 6-0 vote. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review; to adopt Resolution 95-134 for PUD Concept Amendment; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. SUPERVALU EAW REVIEW by SuperValu. Review of EAW. (Resolution 95- 135) There were no comments from the audience. Enger said the Planning Commission reviewed this item at the July 10, 1995, meeting and voted unanimously for a finding of no significant impact on the SuperValu Corporate Headquarters EAW and that an Environmental Impact Statement is not necessary. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 95-135 for Finding of No Significant Impact for the SuperValu EAW. Motion carried unanimously. E. VACATION 95-05: VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF WINDFIELD 5TH ADDITION (Resolution 95-136) Jullie said this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock to close the Public Hearing; and to adopt Resolution 95-136 to vacate the easements. Motion carried unanimously. F. VACATION 95-06: VACATION OF RIGHT-OF-WAY FOR PART OF VALLEY OAK DRIVE (Resolution 95-137) Jullie said this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution 95-137 vacating a portion of the right-of-way for Valley Oak Drive. Motion carried unanimously. CITY COUNCIL MINUTES July 18, 1995 Page 8 VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." IV. CONSENT CALENDAR (Reconsideration) MOTION: Pidcock moved, seconded by Thorfinnson, to reconsider the Consent Calendar in order to discuss item B. Motion carried unanimously. Pidcock said she recalled that we had paid for an entrance to the Purgatory Creek Recreation Area. She asked how much we paid for it, and if it could be done more inexpensively than is proposed. Enger said the previous entrance plan was done internally by staff. Barb Cross has additional responsibility for facility management, so she cannot take on design projects. He said Mr. Lambert is looking into alternatives for lower maintenance use of the park and possible private use of the park that would be more of a partnership with the private sector. He noted that $6900 is a good value for the price. Pidcock asked if it could be done in coordination with SouthWest Metro and questioned what Lasher & Associates is doing. Enger said they were asked to offer a proposal; however, they have declined because of a potential conflict of interest. MOTION: Case moved, seconded by Tyra-Lukens, to approve items A - E of the Consent Calendar. Motion carried unanimously. VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. PLANNING COMMISSION - Appointment of a member to the Planning Commission to fill an unexpired term through 2/28/96 (Continued from July 11, 1995) Thorfinnson nominated Doug Sandstad. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Doug Sandstad to fill an unexpired term through 2/28/96 on the Planning Commission. Motion carried unanimously. B. ARTS COMMISSION - 2 appointments to the Arts Commission to fill unexpired terms through February 28, 1997 CITY COUNCIL MINUTES July 18, 1995 Page 9 Tyra-Lukens nominated David Steppart. Pidcock nominated Patricia Vignoni and Kathleen Tillotson. Case nominated Rachel Huffer. MOTION: Case moved, seconded by Thorfinnson, to close the nominations. VOTE ON THE NOMINATIONS: Harris, Pidcock, Thorfinnson and Tyra- Lukens voted for David Steppart. Case, Thorfinnson and Tyra-Lukens voted for Rachel Hutter. Harris and Pidcock voted for Patricia Vignoni. Case voted for Kathleen Tillotson. David Steppart and Rachel Hutter were appointed to fill the unexpired terms through February 28, 1997, on the Arts Commission. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Police Cars Pidcock said she has received complaints about the checkout required for police cars that occurs between 10:00 and 11:00 p.m. Jullie said staff has also received complaints and he thought we had dealt with it. He said staff will check into it and report back at the next meeting. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Engineering Agreement for Water Treatment Plant Expansion Project, I.C. 94-5350 Dietz said staff is recommending approval of Amendment No. 1 to the Engineering Agreement with Black&Veatch for the final design services for the Water Treatment Plant Expansion. He said this represents a reasonable fee for the work that is contemplated. MOTION: Pidcock moved, seconded by Case, to authorize the Mayor and City Manager to execute the engineering agreement with Black & Veatch. Motion carried unanimously. Dietz invited Councilmembers to attend the neighborhood meeting scheduled for tomorrow afternoon at 3:00 p.m. to discuss the Glenshire outlot. We have the delineation back from the DNR and the Watershed District. CITY COUNCIL MINUTES July 18, 1995 Page 10 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Hams adjourned the meeting at 10:00 p.m.