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City Council - 12/03/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, 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 Barbara Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BU Jullie requested that Item M.B be added to set the date for the work session with Hennepin County, and Item M.E to discuss the recycling rebate procedures. Pidcock requested the addition of discussion of sign infractions. Thorfinnson requested that the appointment process for boards and commission be discussed and the issue of shoveling sidewalks. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as amended. Motion carried 5-0. H. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING HELD TUESDAY, NOVEMBER 19, 1996 Harris noted that on page 3, second paragraph, it should read 45% not 55%. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the Joint City Council/Planning Commission meeting of Tuesday, November 19, 1996 as amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 19, 1996 Case noted that on page four, in the third paragraph from the bottom of the page, he believed Enger referred to a trip generation rate of 12 trips per 1,000 square feet of office space. CITY COUNCIL MINUTES December 3, 1996 Page 2 MOTION: Pidcock moved, Case seconded, for approval of the Minutes of the City Council meeting held November 19, 1996, as corrected. Motion carried 5-0. IV. CONSENT CALENDAR A. 2ND READING OF ORDINANCE NO 49-96 AMENDING CHAP 5 AND CHAPTER 9 OF THE CITY CODE TO REGULATE THE APPLICATION OF LAWN FERTILIZER IN EDEN PRAIRIE B. 2ND READING OF ORDINANCE 50-96 AMENDING CITY COD SECTION 2.20 RELATING TO THE ENVIRONMENTAL AND WAS TE MANAGEMENT COMMISSION C. APPROVAL OF ARTS COMMISSION LOGO D. VICTORY LUTHERAN CHURCH EXPANSION by Victory Lutheran Church. 2nd Reading of Ordinance 51-96 for Zoning District Amendment within the Public District on 5.9 acres, Adoption of Resolution 96-199 approving Site Plan Review on 5.9 acres and Approval of a Developer's Agreement for Victory Lutheran Church Expansion. Location: Eden Prairie Road at Berger Drive. E. AUTHORIZE AMENDMENT AND EXERCISE OF THE OPTION FOR PARCEL NO, 1 FOR THE ACQUISITION OF THE KLEIN/PETER ON PROPERTY F. 2ND READING OF CABLE TV FRANCHISE AGREEMENT ORDINAN E NO. 52-96 G. 2ND READING OF CABLE TV REGULATORY ORDINANCE NO 53-96 H. RESOLUTION NO, 96-200 APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 3RD ADDITION (located at the northeast corner of Bennett Place and Blossom Road) MOTION: Case moved, seconded by Pidcock, to approve the Consent Agenda Items A-H. Tyra-Lukens commented she was not comfortable with the logo as presented and believed the word "commission" should be removed from the logo. Thorfinnson commented he questioned the need for a logo for the Eden Prairie Arts Association. After discussion, the Council concurred that the word "commission" should be deleted from the logo. Motion carried 5-0. CITY COUNCIL MINUTES December 3, 1996 Page 3 V. PUBLIC HEARINGS/MEETINGS A. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. Continued from November 19, 1996 Enger noted that the proponent was under a time constraint to make changes to the plans recommended by the City Council at its review of this item on November 19, 1996. The official notice of this Public Hearing was published on November 7, 1996 in the Eden Prairie News and mailed to 66 property owners. The proponents have submitted a letter included in the packets dated November 25, 1996 in which they state they do not want to remove lots 6 and 18 from the plans or change the proposed boardwalk portion of the park trail. Staff has not had time to review this letter adequately and recommends that the Council continue this item until the next regular meeting. MOTION: Pidcock moved, Case seconded, to continue the Public Hearing to the December 17, 1996 City Council meeting as revised plans were not received in time for staff to provide a recommendation. Motion carried 5-0. B. TCF BANK by TCF Bank. Request for PUD Concept Review on 17.4 acres, PUD District Review on 10.4 acres, Zoning District Amendment in the I-2 Zoning District on 10.4 acres and Site Plan Review on 10.4 acres. Location: Technology Drive and Prairie Center Drive. David Sellegren, representing TCF Bank, introduced Michelle Foster of Opus Corporation who was also present. He commented that the project was straightforward, and he would answer any questions. Enger presented the staff report, and noted that official notice of this Public Hearing was published on November 21, 1996 in the Eden Prairie News and mailed to 6 property owners. TCF Bank is requesting a waiver from the City Code to allow up to 90% office use on land that is currently zoned industrial. The site is the former Data Serve building at the corner of Prairie Center Drive and Technology Drive. TCF Bank is planning to move Executive Offices, its Financial Corporation and Corporate Operations Center to the proposed building. The Planning Commission voted unanimously to approve this project at its November 12, 1996, meeting. Due to the reconstruction of Technology Drive in this area there will be more area in the front yard setback than is normal. The proponent has moved some of the buffering from the parking area into the front yard setback area to reduce the visibility. It will be beneficial to adjacent properties. The employees of TCF are also users of the transit facilities, and this location will be convenient. Staff recommended approval subject to the stipulations contained in the November 18, 1996 staff report. CITY COUNCIL MINUTES December 3, 1996 Page 4 The Public Hearing was opened. Tom Juhnke, SW Metro Transit Commission, was concerned about their ability to get busses into this area, but after reviewing the plans they concluded that they would be able to use a sidewalk area to load and unload people. MOTION: Tyra-Lukens moved, seconded by Pidcock to close the Public Hearing and Adopt Resolution No. 96-201 for PUD Concept Review on 17.4 acres; approve 1st Reading Ordinance for PUD District Review and Zoning District Amendment in the I-2 Zoning District on 10.4 acres; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Motion carried 5-0. C. VIDEO UPDATE by Trinet Property Company, LLC. Request for Zoning District Amendment in the N Com District on 1.01 acres and Site Plan Review on 1.01 acres for construction for a 7,200 sq. ft. Video Update. Location: Northwest corner of Anderson Lakes Parkway and Hwy. 169. Enger presented the staff report as the proponents were not present. The official notice of this Public Hearing was published November 21, 1996 in the Eden Prairie News and mailed to 10 property owners. This request involves the construction of a 7200 square foot commercial building to be located at the northwest corner of Anderson Lakes Parkway and Highway 169. This project was unanimously recommended for approval at the November 12, 1996, Planning Commission meeting. The Commission's concern regarding a safe pedestrian route along Highway 169 from Anderson Lakes Parkway to Prairie Center Drive is addressed in Mr. Lambert's memo of November 15, 1996. Staff recommended approval subject to the conditions in the November 8, 1996 staff report. Tyra-Lukens commented she believed the bicycle/pedestrian path was needed. She asked staff to make clear to the developer that we don't see the immediate need for 50 parking spaces but rather there is need to reserve the space for those parking spaces. Harris commented she believed there would be no need for more parking immediately and she was comfortable with the staff recommendation. Pidcock commented she thought the right-in/right-out access might be a problem. Enger stated that people would enter the site from Columbine, but to do so they would have to be familiar with the property and know they were going there. Hams commented that staff should review the access prior to Second Reading. She believed the discussion on the bicycle path belonged in another discussion and she wanted to omit it from this approval. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. CITY COUNCIL MINUTES December 3, 1996 Page 5 MOTION: Pidcock moved, Tyra-Lukens seconded, to Close the Public Hearing; Approve first reading of the Ordinance for Zoning District amendment in the N- Commercial District on 1.01 acres; and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and omit the bicycle/pedestrian pathway and accept the proof of parking plan. Motion carried 5-0. D. LAKE SMETANA APARTMENTS by Klodt Incorporated. Request for PUD Concept Review on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan Review on 12.37 aces and Preliminary Plat of 17.19 acres into one lot. Location: Smetana Lane. Paul Klodt, representing the developer, briefly reviewed the proposal and noted he was available to answer any questions. Enger reviewed the staff report and noted Notice of this Public Hearing was published November 21, 1996 in the Eden Prairie News and mailed to 13 property owners. The Site Plan for this project shows the construction of 275 apartment units in 2 buildings on 17.19 acres. City Code permits up to 17.4 units per acre above the ordinary high water level in the RM2.5 Zoning District. The proposed density of 19.2 units per acre will require a waiver through the PUD process. The Planning Commission unanimously recommended approval of this project at its November 12, 1996, meeting. Staff recommended approval of the request subject to the conditions in the November 8, 1996 staff report. Lambert stated that Parks, Recreation and Facilities Commission had reviewed the project on November 18, 1996 and was concerned about the grading and tree loss and requested a scenic conservation easement be placed at the 841 elevation. They hope to get a boat access in which will allow public access to the lake but will not allow more than a 10 horsepower motor on watercraft. Dietz commented that the issue involving the NURP pond needs to be resolved prior to Second Reading. Tyra-Lukens inquired about the waiver for exceeding the percentage requirements for impervious surface. Enger responded that the proponent is only exceeding the ordinance requirements by 8% which is commonly granted for commercial uses. Tyra-Lukens inquired if the 150 foot area between the two properties would be preserved as a natural area and Enger responded affirmatively. Tyra-Lukens inquired about the increased density and Enger responded that the proponents have agreed to have eight apartments as Section 8 Housing units. This is one of the few developments within the major center area which begins to achieve the goals of the City as pertains to density. This project will concentrate higher density closer to major retail, transportation centers, etc. Pidcock commented that twelve years ago they were dealing with a lot of warehouse projects and now they are seeing apartment houses, and the projects change with whatever the market will support. Enger commented this was another facet to the development process for Eden Prairie. Case commented that Section CITY COUNCIL MINUTES December 3, 1996 Page 6 8 housing was rare and he was concerned that this would become a reality. Enger stated staff was reviewing the process for obtaining Section 8 vouchers, and noted that people who had them should not be treated differently than anyone else. Thorfinnson commented that with the shortage of places which accepted Section 8 vouchers in Eden Prairie, there should be no difficulty in finding people with vouchers to fill the eight units proposed. The Public Hearing was opened. Brad Hoyt, Hoyt Development, stated he owned the property adjacent to the subject property. He supported the project, and showed drawings of his property and the subject property and how they might possible be developed to support each other. He discussed the topography on his property, noting the significant amount of wetland, and stated a small building footprint would be necessary to avoid impacting that area. He will be submitting plans for an office building in the future. Mary and Frank Smetana, 7722 Smetana Lane, stated they supported the project. The area was a beautiful one, and they were glad other people would be able to share it. Frank noted that he had wondered how the property would be developed and if they would be treated fairly. He was glad to see this proposal and was very supportive of the project. Dave Smetana, with his sister Jane, stated they will be the ones to develop the east side of Smetana Lane. They were opposed to this project and believed any Section 8 housing units would adversely affect their property values. They believed the density was too high. He believed the property owners on the east side of Smetana Lane should be paid compensation for damages resulting from this development. He also believed Brad Hoyt was not the fee owner of the property as represented on the plans. Harris noted that the documentation had been updated to reflect that the State owns Lot 2. Enger stated that Mr. Klodt dealt with the trustee of the Frank Smetana Sr. estate and an agreement had been reached. The heirs had not been apprised of these conversations. Regarding the issue of density, the property was designated as office/warehouse in the Guide Plan so it was comparable with the present proposal. Klodt stated he had held conversations with the trustee who had been in agreement with the proposal. He had not had any dealings with the children. Mrs. Kosetecka, Smetana Lake, stated she was concerned about the condition of the lake and it was only becoming worse. The City had promised to clean it up but she had not seen anything being done to alleviate the pollution. Dietz responded that there have been ongoing conversations regarding raising the level of the lake and reducing the weed growth, which have stalled at present. It is supposed to be done in 1997. There is no NURP pond on the Portenoy site which was developed before these were required. There could be some retrofit of the project to enhance water quality of the lake. Case asked what an estimated cost to upgrade the part CITY COUNCIL MINUTES December 3, 1996 Page 7 of the road that crosses the estate property would be. Dietz responded that the cost of the road and the cul-de-sac would be approximately $100 per foot or roughly $75,000 to $100,000. Discussion ensued regarding the costs of roadway construction. Dietz stated that if the property develops and the road is upgraded the City would expect a certain level of construction standards to be maintained. John Kottke, 7665 Smetana Lane, stated that sewer and water lines are presently extended to his property, and he inquired if new lines would be put in with this development. He was informed that sewer will be connected to the new development but the water line was in good condition and would not be replaced. Kottke requested that the speed limit on the road be 15 mph on the short section of Valley View. He was concerned that the speed limit be lower than 30 mph because once a street was paved people tended to disregard the speed limits. He disagreed with Mr. Enger that the apartment would place people in proximity to their employment as most people who worked in this warehouse district could not afford to live in these apartments. Enger commented that there are middle management jobs and upper management jobs throughout Eden Prairie, and that there may be people who want to share an apartment. Harris commented that Enger was speaking of a broader area than the immediately adjacent industrial park. Frank Smetana stated that when he had looked at the plans for his father's property the project was being developed by putting in the road and paying for it. He regretted that other family members were not informed, but he believed the project would benefit the entire estate and should be developed. The executor of the estate had the authority to grant the easement, and a meeting has been scheduled with all interested parties to discuss this issue. Dave Smetana stated that he did not believe that the trustee would grant the easement over the objections of some of the family members and that suitable compensation should be paid to all parties involved but none has been offered. Thorfinnson commented that compensation was not within the purview of the City Council in this instance. MOTION: Pidcock moved, seconded by Thorfinnson to close the Public Hearing; adopt Resolution No. 96-202 for PUD Concept Review on 17.19 acres; approve 1st Reading of the Ordinance for PUD District Review on 17.19 acres and Zoning District Change from Rural to RM 2.5 on 12.37 acres; adopt Resolution No. 96- 203 for Preliminary Plat approval of 17.19 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations including assurance that the lake quality will not be further deteriorated, the NURP pond solution must be resolved prior to Second Reading, and that the speed limit will be taken into account. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Payment of Claims CITY COUNCIL M NUTES December 3, 1996 Page 8 as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens, and Harris voting "aye". VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Sidewalk Shoveling - Thorfinnson Thorfinnson stated he had received calls from citizens regarding the sidewalks not being shoveled in front of entrances to trails into the public parks and he was asked to refer it to staff to see what could be done. Lambert responded that the City does not require people to shovel their sidewalks, because not all homes in the City have sidewalks in front of them. The majority of the 8' wide trails are plowed and they do plow some of the entrance sidewalks, but there is only one machine which will plow a 5' sidewalk, and they do not have the time to do more than they do. 2. Boards and Commission Appointment Process - Thorfinnson Thorfmnson noted that the advertisements for candidates for Boards and Commissions would go out on January 4, 1997. The candidate Open House would be held on January 14, 1997, and the application period will be open between January 14-31, 1997. Candidate interviews will be held on February 11, 1997, and the City Council will appoint those selected to their positions during the regular Council meeting on February 18, 1997. He requested Councilmembers to enter these dates in their calendars. 3. Marina on Minnesota River and Boulevard Trees - Pidcock Pidcock requested staff to get information as to how they could obtain a marina on the Minnesota River and also how they could get some more boulevard trees in by the December 17, 1996 meeting. 4. Sign Ordinance Infractions - Tyra-Lukens Tyra-Lukens commented they had exceeded the number of signs, placed them on park property, and the signs had not been removed by 9:00 a.m. She believed people should be held accountable for their signs, and she did not see any indication of enforcement. Case concurred, noting that the CITY COUNCIL MINUTES December 3, 1996 Page 9 issue was broader than the Pulte signs as there were others located in the right-of-way. This will involve staff time to correct, as it involves more than just a few signs. Enger stated staff notified the owners to remove them and if the signs were not removed, the City removed and destroyed them. Enger noted that Johnson had been implementing a two-step process; first, notification of the sign owner and if it was not removed, it was then removed by the City. He believed Pulte would be removing their signs shortly, and others would be contacted and put on notice. This action is within the ordinance and no directive from the Council is needed to implement this action. Since the signs cost approximately $25 each, they are usually removed by the owners. 5. Resignations from Board and Commission Members - Tyra-Lukens Tyra-Lukens stated she was concerned about the resignations received from several board members who had been unable to meet the requirements of bi-monthly meetings when the original intent was to meet monthly. She inquired if the Council would consider establishing a Public Safety Commission to orchestrate things such as "Stop the Violence" campaigns, CO2 Detectors, etc. Harris commented that such things as meeting frequency were established by the Council when the board or commission was established. If a board or commission determined it needed to meet more frequently in order to accomplish its work load on a temporary basis, that was one thing, but to make any such decision permanent it should be referred to the City Council. Pidcock commented that the City Council should be setting the policy rather than the boards or commissions. If the board or commission needed to meet more often to accomplish a temporary task that was one thing, but any permanent change in meeting schedule should receive Council approval. 6. Grading around Staring Lake - Tyra-Lukens Tyra-Lukens stated she was concerned about the grading and runoff around Staring Lake. Harris inquired if further erosion had occurred and Lambert responded affirmatively, noting the City intended to acquire the property and grade the top of the hill to prevent more erosion from occurring. The erosion down into the ravine was caused by nature and would be prohibitively expensive to correct. The City has not intention of attempting to mitigate this, but will take measures to prevent further erosion from the top of the hill area. Case inquired if the City would incur any liability by taking this action, and Lambert responded negatively. CITY COUNCIL MINUTES December 3, 1996 Page 10 B. REPORT OF CITY MANAGER 7ullie noted that prior to the first City Council meeting in February there will be a meeting scheduled with Hennepin County. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRE TOR OF PUBLIC WORKS Dietz submitted a draft of a memorandum regarding the issue of rebate checks issued to citizens of Eden Prairie who recycle. This is from a grant Eden Prairie receives from Hennepin County for recycling and the amount was not distributed to the residents, and now should be approximately $60 per household. The checks will be issued as soon as possible, and the memo was to inform Council and residents why they were being issued. Harris commented she believed people who took the time to place recyclable items in the bins should be compensated, and she approved of the reimbursement. The consensus of the Council was that the checks should be printed and mailed out as soon as possible. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADTOUEtNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:25 p.m.