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City Council - 10/01/1996 APPROVED MINUTES EDEN PRAIRIE CITY COLTNCH TUESDAY, OCTOBER 1, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfnmson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Tyra-Lukens was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1. 300-Year-Old Oak Trees. Jullie deleted item D from the Consent Calendar. MOTION: Case moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM Shelly Formico, 7027 Woodland Drive, #8, presented a petition asking that unsafe playground equipment at her apartment complex be repaired. Lambert said the first step would be for City Staff to review the equipment and determine how safe it is. They would advise the property owner if it is found to be unsafe. He added he would caution against spending public money on private playground equipment. City Attorney Pauly noted there is a procedure we have used on other types of property that we might use if this is a dangerous condition. Hams asked Lambert and the Park & Recreation staff to investigate the situation and follow through with the apartment owner if the equipment is unsafe. M. MINUTES A. JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION MEETING HELD TUESDAY, SEPTEMBER 17, 1996 CITY COUNCIL MINUTES October 1, 1996 Page 2 MOTION: Case moved, seconded by Thorfinnson, to approve the Minutes of the Joint City Council/Flying Cloud Airport Advisory Commission meeting held Tuesday, September 17, 1996. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 1996 MOTION: Case moved, seconded by Pidcock, to approve the Minutes of the City Council meeting held Tuesday, September 17, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET CANVASSING BOARD MEETINGFOR TUESDAY,_NOVEMBER 7� 1996, 5:00 PM, CITY MANAGER'S OFFICE C. RESOLUTION 96-166 APPOINTING STUDENT ELECTION TUDGES FOR THE NOVEMBER 5, 1996 GENERAL ELECTION D. FOUNTAIN PLACE APARTMENTS PROTECT PHASE I. Approval of Resolution Authorizing and Approving Execution and Filing of IRS Form 8038, and Amending the Interest Rate and Certain Other Provisions of the Documents Relating to the $20,900,000 Series 1987 Multifamily Housing Bonds (ITEM DELETED) E. DIN ROAD COMMERCIAL CENTER by City of Eden Prairie. Adoption of Resolution 96-167 for Site Plan Review on 1.76 acres. Location: Den Road and West 78th Street. (Resolution 96-167 for Site Plan Review) F. BENT CREEK COVE by Taurus Properties, Inc. 2nd Reading of Ordinance 41- 96-PUD-17-96 for PUD District Review on 2.5 acres and Zoning District Change from R1-13.5 to R1-9.5 on 2.5 acres and Approval of a Developer's Agreement for Bent Creek Cove by Taurus Properties, Inc. Location: Valley View Road and Howard Lane. (Ordinance 41-96-PUD-17-96 for PUD District Review and Zoning District Change) G. ST. ANDREW'S BLUFF by Jasper Development Corporation of Waconia. 2nd Reading of Ordinance 42-96 for Rezoning from Rural to RM-6.5 on 4.3 acres, Adoption of Resolution 96-168 for Site Plan Review on 4.3 acres and Approval of a Developer's Agreement for St. Andrew's Bluff for Jasper Development Corporation. Location: Baker Road at St. Andrew Drive. (Ordinance 42-96 for Rezoning from Rural to RM-6.5 and Resolution 96-168 for Site Plan Review) CITY COUNCIL MINUTES October 1, 1996 Page 3 H. MITCHELL BAY TOWNHOMES by Noecker and Associates. 2nd Reading of Ordinance 43-96 for Zoning District Change from RM-2.5 and R1-22 to RM-6.5 on 1.5 acres, Adoption of Resolution 96-169 for Site Plan Review on 1.5 acres and Approval of a Developer's Agreement for Mitchell Bay Townhomes. Location: Terrey Pine Drive. (Ordinance 43-96 for Zoning District Change and Resolution 96-169 for Site Plan Review) I. REALITY INTERACTIVE by Oppidan Investment Company. 2nd Reading of Ordinance 40-96-PUD-16-96 for PUD District Review with waivers on 6.42 acres and Zoning District Change from Rural to I-2 on 6.42 acres, Adoption of a Site Plan Review on 6.42 acres and Approval of a Developer's Agreement for Reality Interactive by Oppidan Investment Company. Location: Equitable Drive. (Ordinance 40-96-PUD-16-96 for PUD District Review and Zoning District Change and Resolution 96-170 for Site Plan Review) J. RESOLUTION 96-171 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT FOR CONSTRUCTION OF CSAH 62/TH101/DELL ROAD IMPROVEMENTS, I.C. 52-103 K. RESOLUTION 96-172 APPROVING FINAL PLAT OF RESEARCH ADDITION (located at the Southwest Corner of Flying Cloud Drive and Washington Avenue) L. RESOLUTION 96-173 APPROVING FINAL PLAT OF MITCHELL BAY TOWNHOMES (located south of Terrey Pine Drive adjacent to Mitchell Take) M. RESOLUTION 96-174 APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 5111 ADDITION MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A-C and E-M on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. KOPESKY ADDITION by Wayne Kopesky. Request for Rezoning from Rural to R1-13.5 on 5.32 acres and Preliminary Plat of 5.32 acres into 13 lots. Location: West 82nd Street. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from August 20, 1996 Jullie said proponent has requested a continuance of this Public Hearing. MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to February 4, 1997, per proponent's request. Motion carried unanimously. B. 'SIRES PLUS by Tires Plus. Request for PUD Concept Amendment Review on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the CITY COUNCIL MINUTES October 1, 1996 Page 4 Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Continued from September 17, 1996 7ullie said proponent has requested a continuance of this Public Hearing. MOTION: Pidcock moved, seconded by Thorfmnson, to continue the Public Hearing to October 15, 1996, per proponent's request. Motion carried unanimously. C. THE HILL-S OF EDEN PRAII R by Venku Corporation. Request for Zoning District Change from Rural to RM-6.5 on 14.84 acres, Site Plan Review on 14.84 acres and Preliminary Plat of 14.84 acres into 38 lots. Location: Bryant Lake Drive (Ordinance for Zoning District Change, and Resolution 96-175 for Preliminary Plat) Dave Pavelka, the proponent, reviewed the proposal for 37 rental townhomes. Enger said the Planning Commission first reviewed the proposal at their August 12, 1996, meeting and directed the developer to revise the plan to be consistent with the City's Comprehensive Guide Plan and to provide better transition to the Crowne Oaks development to the south. At the September 9th meeting, the Commission reviewed revised plans that incorporated the changes requested and reduced the number of units and voted unanimous approval of the revised plan, subject to the recommendations of the Staff Report of September 6, 1996. Lambert said the Parks, Recreation &Natural Resources Commission reviewed the proposal at the September 16th meeting and recommended approval on a 6-0 vote, per the recommendations of the September 6 and September 12, 1996, Staff Reports. The Parks Commission commended proponent on the great plan and very low tree loss. Case asked how much we have impacted the wetland area by treating the storm water drainage. Lambert said he does not know the numbers but he was concerned that Crowne Oaks might have exacerbated the wetland's low-water condition. He thought this development might also affect the wetland. Alan Gray, Staff Engineer, said they haven't done a detailed analysis of the question in terms of annual volume of water we would expect through the area before and after the development; however, we have been in a very dry period and many of the wetlands in town are at levels similar to those in 1986-1987. He did not think this development will destroy the wetlands, but it may have some effect on the volume. Case asked if water in the NURP pond could be diverted back after treatment. Gray said the pond was moved to the opposite side of the project, and it would have to be pumped back to the wetland side. CITY COUNCIL MINUTES October 1, 1996 Page 5 There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 14.84 acres; to adopt Resolution 96-175 for Preliminary Plat approval of 14.84 acres into 38 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. CAMP EDENWOOD by Friendship Ventures. Request for Site Plan Review on 2 acres. Location: Indian Chief Road. (Resolution Site Plan Review) Mike Maile, Director of Development for Friendship Ventures, reviewed the proposal to build a 15,000 square foot dining hall and associated parking lot at Camp Edenwood. Enger said the project was reviewed by the Planning Commission at their September 9, 1996, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of September 6, 1996. There was some discussion that the original camp complex at Camp Edenwood may be eligible for designation as an historic site. Because of the issue of designation as an historic site, he said Staff recommends that Friendship Venture representatives meet with staff members to discuss alternative sites and to see what course of action should be followed with the construction of the facility. The Historic Preservation Commission (H.P.C.) should have an opportunity to review the project at their October 21, 1996, meeting, and make a recommendation regarding the proposal. Lambert said the Parks Commission reviewed the project on September 16, 1996, and recommended approval on a 5-0-1 vote with Jacobson abstaining. They also discussed the issue of designation as an historic site. He said Ed Stracke, president of Friendship Ventures, said there are not a lot of alternatives on this site, and they are not interested in maintaining the building as an historic site. They have been given some deadlines from the state health commission to upgrade the facility. He thought it was a good idea for the H.P.C. the project; however, he was not sure anybody will recommend preserving the site. Harris asked what the possibility is that it will really be designated as an historic site, and what opportunities exist for alternative use of the building if it were so designated. Made said the maintenance of the building is far beyond their financial capabilities, and the Health Department has said they must upgrade the facility in order to continue operations. He said the building has changed from its original plan, and the cost would be very high to preserve building. They don't have a common area for kids to gather indoors if it rains. CITY COUNCIL A 1NUTES October 1, 1996 Page 6 Harris noted this is a community service and a community resource that serves individuals with disabilities. Maile said they have tried to minimize the tree loss in the plans and will replace the trees at 50% greater than requirements. He noted they have already received a $50,000 contribution for the project from the Eden Prairie Lions Club. Case asked who will own the building if Edenwood puts it up. Lambert said the City will technically own the building. They have had some discussions with the staff of Friendship Ventures and would like to reevaluate the lease agreement to make sure they have an extensive long-term lease. They want to get approval of the plans and then go out to raise funds for the building. Case asked what the terms of the lease are. Lambert said it is $1.00 for 30 years, and we are five or six years into the 30-year lease. City Attorney Pauly said the property must be used for these purposes, and, if not, it reverts back to Hennepin County. Lambert said our main goal for getting the facility was to provide a place for recreational use for the handicapped. Pidcock said she was not sure what the memo we received this afternoon from the State Historical Preservation Office means. Enger said he thought we have plenty of time to review this more thoroughly before construction begins, because the memo from the state means that this does need to go to the H.P.C. and receive their recommendation. Because there is no alternative site for the building, our recommendation may be to simply document the facility. Case thought it was important to have a buffer of a couple of weeks to allow review by the H.P.C., to allow John Gertz more time to connect, and to have more time to think about the tradeoffs of history versus the program this provides. He was concerned because this is one of the few buildings we have that qualifies for the National Registry. Harris noted the October 21st meeting of the H.P.C. falls within the timing of 2nd Reading so we could approve this tonight and have the additional input available prior to 2nd Reading. Thorfinnson then asked what we are proposing if it does qualify for historic designation and we are faced with leaving it there and building some place else or discontinuing the program. Case was not sure there isn't another alternative. Thorfinnson was also concerned about how we got through the entire process to this point if there was really an issue. Proponent has gone through the entire process and now needs to be able to raise funds. He asked how long this has been in the process. Enger said it has been about 45 days, and the identification of this as a possible historic site occurred as a result of the development review process. CITY COUNCIL MINUTES October 1, 1996 Page 7 Lambert said Staff has determined that we are looking at site plan review so there is no 2nd reading. We would be able to approve the plan or we could continue the hearing for two weeks. Pauly said approval will require four votes and, since it does not change the zoning district, it would not require a 2nd Reading. Case thought we will end up with the same plan; however, he wants to be able to go back and say we thoroughly researched the issue. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to the first meeting in November. Motion carried unanimously. 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, and Harris voting "aye." VH ORDINANCES AND RESOLUTIONS A. RESOLUTION 96-176 APPOINTING ELECTION TUDGES FOR THE NOVEMBER 5, 1996 GENERAL ELECT_ON MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-176 Appointing Election Judges for the November 5, 1996 General Election. Motion carried unanimously. VIII. PETITIONSo REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS &COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. 300-Year-Old Oak Trees Pidcock said she received a phone call about five very large oak trees being cut down in one area of the city. She said they had been red tagged to be preserved, and she wanted to know what the process is once they have been red-tagged. Lambert said that red tags indicate the trees are to be removed; however, the developer would have to replace any trees taken down in CITY COUNCIL MINUTES October 1, 1996 Page 8 error. He said they can check the plan to see if they are taking down trees that should have been preserved. Harris asked Lambert to check into the issue to make sure it was not an error. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACII IUS D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADTOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:40 p.m.