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City Council - 04/01/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 19 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans, 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 & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Thorfinnson arrived late. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item N.N. PRESERVE VILLAGE CENTER RENOVATION 1997. Case added item XI.A.1. Report on Proposed Tower. H. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION & BOARD OF ADJUSTMENTS & APPEALS MEETING HELD TUESDAY, MARCH 18, 1997 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Joint City Council/Planning Commission&Board of Adjustments & Appeals Meeting held Tuesday, March 18, 1997, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 1997 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held Tuesday, March 18, 1997, as published. Motion carried 4-0. CITY COUNCIL MINUTES April 1, 1997 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER#1 FOR EDEN PRAIRIE,LIQUOR STORE CONSTRUCTION C. RESOLUTION 97-53 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF BIDS FOR SUNNYBROOK ROAD IMPROVEMENTS, I.C. 94-5363 D. EASEMENT AGREEMENT FOR WATERMAIN PURPOSES BETWEEN N.W.B.C. ASSOCIATES AND THE CITY ACROSS LOT 2, BLOCK 1} LePARC E. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR AMERICAN LUTHERAN CHURCH 2ND ADDITION F. APPROVE PROFESSIONAL SERVICES CONTRACT WITH MONTGOMERY WATSONTETERSON ENVIRONMENTAL FOR WETLAND PROTECTION AND MANAGEMENT PLAN AND DRAINAGE PLAN UPDATE G. RESOLUTION 97-54 AWARDING CONTRACT FOR LIME RESIDUAL REMOVAL, I.C. 97-5435 H. RESOLUTION 97-55 AWARDING CONTRACT FOR HIDDEN PONDS EXTERIOR TANK_PAINTING, I.C.97-5430 I. RESOLUTION 97-56 APPROVING TRANSFER OF PRESERVE VILLAGE SHOPPING CENTER J. ALBIN CHAPEL by Albin Chapel. 2nd Reading of Ordinance 12-97-PUD-6- 97 for PUD District Review on 2.56 acres and Zoning District Amendment in the Office Zoning District on 2.56 acres, Adoption of Resolution 97-57 for Site Plan Review on 2.56 acres and Approval of a Developer's Agreement for Albin Chapel property. Location: Rowland Road and Old Shady Oak Road. (Ordinance 12-97-PUD-6-97 for Rezoning and Resolution 97-57 for Site Plan Review) K. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EDEN PRAIRIE AND THE SCHOOL DISTRICT L. RESOLUTION 97-58, RESOLUTION 97-59 AND RESOLUTION 97-60 AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATIONS REFUNDING BONDS, SERIES 1997A, SERIES 1997B. AND SERIES 1997C CITY COUNCIL MINUTES April 1, 1997 Page 3 M. RILEY CREEK RIDGE by Hustad Land Company. 2nd Reading of Ordinance 13-97-PUD-7-97 for PUD District Review on 62.77 acres and Rezoning from Rural to R1-9.5 and R1-13.5 on 62.77 acres and Approval of a Developer's Agreement for Riley Creek Ridge. Location: South of Pioneer Trail, west of Eden Prairie Road (Ordinance 13-97-pud-7-97 for PUD District Review and Rezoning) N. PRESERVE VILLAGE CENTER RENOVATION 1997 by Jerry's Enterprises, Inc. 2nd Reading of Ordinance 14-97-PUD-8-97 for PUD District Review on 9.46 acres and Zoning District Amendment within the C-COM Zoning District on 9.46 acres and Adoption of Resolution 97-65 for Site Plan Review on 9.46 acres. MOTION: Tyra-Lukens moved, seconded by Case, to adopt items A-N of the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. EXTENDED STAY AMERICA by Extended Stay America. Request for Planned Unit Development Concept Review on 18 acres, Planned Unit Development District Review on 3.63 acres, Rezoning from Rural to Commercial Regional Service on 3.63 acres, Site Plan Review on 3.63 acres, and Preliminary Plat of 3.63 acres into one lot. Location: Valley View Road West of Market Place Drive. (Resolution 97-61 for PUD Concept Review, Ordinance for PUD District Review and Rezoning, and Resolution 97-62 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News and mailed to 20 property owners. The site plan for this proposal includes a 45,822 square foot three-story building accommodating 104 hotel units. The units have standard features and a kitchenette for longer stays. Jennifer Posma, representing Extended Stay America, said they agree with the recommendations of the staff report. Enger said the Planning Commission unanimously recommended approval of this project at its meeting on March 10, 1997, subject to the recommendations of the Staff Report of March 7, 1997. The approval request includes a front yard setback waiver from 35 feet to 20 feet to accommodate MnDOT's street frontage. The proposal was not reviewed by the Parks, Recreation& Natural Resources Commission. Regarding the NURP pond, Case asked if we ever require new developments to take on responsibility for additional area as well as handling their own property. CITY COUNCIL MINUTES April 1, 1997 Page 4 Al Gray, Senior Engineer, said this pond is designed to handle this site, as well as one to the east and one to the north that are not developed. It is sized to serve those sites in a developed condition. Tyra-Lukens asked about the definition of an outlot, noting that these were two outlots that are being replatted into one large area. Enger said the definition of lot or outlot doesn't really make a difference, and outlots can still be developed. This is a replatting of two outlots. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case to close the Public Hearing; to adopt Resolution 97-61 for PUD Concept Review on 18 acres; to approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Commercial Regional Service on 3.63 acres with a waiver from 35 feet to 20 feet for front yard setback to MnDOT right-of-way; to adopt Resolution 97-62 for Preliminary Plat approval of 7 acres into 1 lot and 2 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. B. UNITED HEALTHCARE by United Healthcare. Request for Comprehensive Guide Plan Change from Industrial to Office on 10.4 acres, Planned Unit Development Concept Review on 17.4 acres, Planned Unit Development District Review on 10.4 acres, Rezoning from Industrial to Office on 10.4 acres, Site Plan Review on 10.4 acres. Location: Southeast comer of Prairie Center Drive and Technology Drive. (Resolution 97-63 for Comprehensive Guide Plan Change, Resolution 97-64 for PUD Concept Review, Ordinance for PUD District Review and Rezoning) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News and mailed to 6 property owners. This request involves the conversion of the former Datasery site at the comer of Prairie Center Drive and Technology Drive to a 100% per cent office use of the building by United Healthcare. A two level, 135,000 square foot parking deck, is also proposed at the northwest corner of the site. It will be constructed of brick and glass, meeting office district standards. Larry King, representing United Healthcare, said they are requesting 100% use for office occupancy. Enger said the Planning Commission reviewed the proposal at its March 10, 1997 meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of March 7, 1997. He said the major issues on this request regarding parking and traffic are addressed in the staff report. A change to the Guide Plan is required, and the property will have to be rezoned because it was originally guided as office and Opus changed it to the CITY COUNCIL MINVMS April 1, 1997 Page 5 current industrial designation and industrial zoning. They have expanded the parking on the site with a proposed parking deck. The project was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-64 for Comprehensive Guide Plan Change from Industrial to Office on 10.4 acres; to adopt Resolution 97-65 for PUD Concept Review on 17.4 acres; to approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Industrial to Office on 10.4 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. CODE CHANGE- TOWERS AND ANTENNAS by City of Eden Prairie. Request for code change to amend the City Code, Section 11.03, Subdivision 6. Site Plan and Architectural Review, Section 11.02 Definitions, and adding a new Section 11.06 Towers and Antennae. The proposed code changes cover regulations for the placement and height of new towers and antennae. (Ordinance for Amendment to Chapter 11 for Telecommunications) Jullie said the official notice of this Public Hearing was published on March 20, 1997 in the Eden Prairie News. This Ordinance change will amend Chapter 11 of our Zoning Code and provide regulations for the placement and height of towers and antennas for telecommunications purposes. The City's Telecommunications Task Force drafted the proposed Ordinance. Jean Johnson, Zoning Administrator, reviewed the details of the proposed ordinance. She said the Planning Commission recommended approval on a vote of 4-0-1 at its meeting on March 24, 1997. The existing code has permitted 55- 65 foot high towers, and towers higher than that have had to go through a variance request. The Task Force reviewed our code, the codes from other communities, and the telecommunications act. Some of the Task Force meetings were opened to representatives of the industry. They also met with them separately to see what their needs would be. Case asked if there was any provision for a Public Hearing process to review an application for a tower so that neighbors could have input to the request. Johnson said, if the application is within the code height, it would be done through a building permit. If the request is for a higher tower, then there would be a variance request and a Public Hearing. Case then asked the City Attorney if he saw anything that would be perceived of as not legal to require even a tower that would meet code guidelines to go through a Public Hearing process. Rosow said there could be a different setup in the ordinance so that they were granted on a conditional use permit. The CITY COUNCIL MINUTES April 1, 1997 Page 6 Council would have to grant the conditional use permit, and there would then be a use for a Public Hearing. If it is left as it is and someone comes in with an application that meets the requirements of the ordinance, there is no purpose for a Public Hearing. Case asked if we would have to change to the conditional use permit in the ordinance. Rosow said there would be a list of criteria to look at for each tower, and if they meet those criteria, after a Public Hearing there would be a permit. Harris asked if, under the current code, no Public Hearing would be required if the application met the ordinance. Rosow said that was correct. Case was concerned about towers appearing in someone's backyard without their having an opportunity to discuss it. Harris thought it would be very difficult to put a tower in a residential area. Case noted we now have a problem with the Chanhassen tower that is on land that backs up to Eden Prairie residential land. He thought we may need a notification process rather than a hearing process. Johnson said for the last 10-15 years we have had several towers go up in the City, primarily along Highway 5 and in the industrial districts. If the application met the ordinance, it would be very difficult to deny the request. Gray noted part of the foundation for this was a recognition that the federal government has said these telecommunication systems can exist and our ability to regulate them is limited. By setting standards we can work within, we are working with a reasonable authority in terms of managing implementation of the towers in the community. Case asked if we have a proposed communication process to deal with these applications. Jullie thought we have a heightened sensitivity to this issue after dealing with the Chanhassen situation. We may want to send the proposed amendment back to the Task Force to see what process we would use if we chose a park location or other public property as a suitable location. We would notify residents if we do park planning, but we would need to set up a process for this. We might want the same process for review of a tower proposed within 1000 feet of a residential neighborhood. Butcher-Younghans asked if the providers have a need assessment so that we could project the number of towers that might go into the City in the next few years. Johnson said they met with three of the providers and looked at their 1997 and 1998 needs. They will probably need about 6-8 new towers, and they are planned along Highway 5 and near the Crosstown. Tyra-Lukens asked if there is something in the ordinance regarding the removal CITY COUNCIL MINUTES April 1, 1997 Page 7 of towers when they have become obsolete. Johnson said there is none. Tyra- Lukens thought we might need to be concerned about that situation. Johnson agreed, particularly in terms of an abandoned tower. Peter Beck, representing AT&T Wireless, reviewed how the cellular system works, noting that each site can handle only a limited number of signals. They will locate towers on existing sites whenever possible. A 75-foot tower is the minimum height required. Their biggest concerns with this ordinance are that it does not allow them to go into the rural and residential districts except on public property, and the 4:1 setback from the zoning district line. This will cause a severe problem making service available throughout Eden Prairie. He said they might be able to adjust if they were able to request a conditional use permit for something that doesn't comply with the ordinance. He was also concerned about the 2:1 setback from any lot line. Harris asked what is the minimum space for the antenna. Beck said they need 20-35 feet of vertical separation. Case asked what is the minimum tower height for the F.A.A. Johnson said it varies with the topography where the tower is located, but around here would be about 200 feet. Case asked if there was any discussion about requirements to have a flashing light on the towers. Johnson said there is an item in the code that requires F.A.A. approval, but we would have no input in the process. Case then asked what would be the problem if we were to omit the 2:1 requirement in an industrial-zoned area. Jullie said some of the lots in the industrial zone aren't really that large and we could have a neighbor object to something on top of a building. We wanted to have some separation so the facility doesn't loom over another property. Tyra-Lukens asked about the issue of separation from electrical power lines and the accommodation of more than one user on a tower. Johnson said other communities' ordinances address the electrical power lines issue as a general safety concern. Johnson said a 20-foot separation is necessary to have two users on a tower. Tyra-Lukens noted the way it is written we are saying this applies to towers over 100 feet. Johnson said it could be modified. John Barstow, 1701 E. 79th Street, representing American Portable Telecom, said he has worked with similar ordinances across the country. He thought a 2:1 setback would be very difficult in the industrial districts as you can't put something close to the lot line if there is a requirement for a 2:1 setback. He thought the rural areas are the most wide open. If they are located there, the developer would know where they are. He thought the reference to radio frequency engineers should be changed to experienced radio frequency engineers. CITY COUNCIL MINUTES April 1, 1997 Page 8 David Bennett, 727 Sunlight Ave., representing U.S. West, said he concurred with the comments of the other provides. Butcher-Younghans said it seems prudent to revisit the ordinance and look more closely at building flexibility into the ordinance to allow siting in the industrial and commercial areas. She would also support the possibility of a review process to look at 4:1 for conditional use. Case thought this needs to have a second look, but we do need to move quickly. He thought the setback issue needs to be looked at. He would also like to address the communication process and look at some of the language issues. Tyra-Lukens agreed we need to review it in terms of meeting our needs as well as those of the providers. We should address the responsibility of tower removal and the licensing and certification issue, as well as doing what we can to encourage multiple use. She also asked that the spelling of "antennae" be corrected. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing. Motion carried 4-0. MOTION: Case moved, seconded by Tyra-Lukens, to return the draft ordinance to the Telecommuncations Task Force for review and revision with the revised draft brought back to the Council as soon as possible. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens reported they have completed negotiations for the position of Director of the Commission with Len Simich. He will start work the end of April. She said the Commission is working on issues such as the circulator routes, information on services, using focus groups to discuss how to handle reverse commute and some special events. There will be a groundbreaking for CITY COUNCIL MINUTES April 1, 1997 Page 9 the transit hub on September 12 and they will be putting up a sign on the site to describe the new transit hub. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Chanhassen Tower Issue Case asked if this is another instance where we may want to have a joint meeting with Chanhassen about the Highway 101 issue and the whole industrial area. Jullie said there is a proposal for a 135-foot tower within the City of Chanhassen limits that is near a residential area in Eden Prairie. Because the Chanhassen process requires a public hearing, the Eden Prairie residents were notified of the hearing. Because of a procedural error, Chanhassen was forced to postpone the hearing to April 14. The Chanhassen Council met and allowed a temporary tower structure to be put up on the site, and the residents have been advised by Chanhassen officials that they will see an 80-foot tower. Thorfinnson arrived at 8:40 p.m. Jullie noted the Chanhassen tower does not meet the requirements of our proposed ordinance. We have met with Chanhassen staff and their Mayor, and we have asked the City Attorneys of both cities to confer on the potential for Chanhassen to make some special zoning application for future sites that may be in proximity to our border. The Autumn Woods residents are having a neighborhood meeting, and we will try to address some of their concerns. There is a possibility of using our water tower for a portion of their antenna. Harris thought their discussion went fairly well and they identified some potential for change in the proposed siting of the tower that would include use of the Eden Prairie water tower thereby placing a smaller structure in the industrial area. Thorfinnson said it appears they have designated two or three sites in the same area so it would appear using our water tower as part of one structure would not solve the problem in the long run. We need to think seriously about giving up this resource to solve the problem. Case was concerned about a general sense of disenfranchisement on the part of some of our Eden Prairie residents. He thought it would be appropriate if a couple of Councilmembers were to attend the CITY COUNCIL MINUTES April 1, 1997 Page 10 neighborhood meeting tomorrow night. Butcher-Younghans and Case agreed to attend. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Miller Spring Improvements Lambert reviewed the Staff Report of March 18, 1997, requesting Council authorization to propose a joint project with the Riley/Purgatory/Bluff Watershed District to improve the Miller Spring site on Spring Road. The work would include raising the parking lot level, installing a retaining wall, moving the Spring outlet away from the roadway to the east side of the parking lot, plus additional amenities, including benches, picnic table and an informational kiosk. These improvements would help to make the Miller Spring site a very attractive amenity rather than the eyesore it has now become as a result of drainage and erosion problems. Lambert said the Parks, Recreation&Natural Resources Commission, the Environmental &Waste Management Commission, and the Heritage Preservation Commission (HPC), have each reviewed this proposal and have recommended approval to the City Council. The Cash Park Fund Capital Improvement Program does include $10,000 for the City's portion of the improvement costs. Lambert said the HPC has nominated this as an historic site, and they would not want this to conflict with their nomination. They would support the concept as long as we use natural materials. Lambert said Staff is asking the Council to authorize meeting with the Watershed District to suggest a joint project for improvement. The Watershed District has some funds available for improvements along our water resources, and their engineer might be able to do the engineering on the project. We would discuss it with them and then see what the costs would be. Case supported the project and supported pursuing the concept with the Watershed District. He said he had more of a concern with the legal exposure from high levels of bacteria and phosphates in the water. Lambert said we tend to get higher readings for nitrates in the spring. Case asked how this compares with the other spring that was closed. Lambert said that one had quite a bit higher readings than this one does. CITY COUNCIL MINUTES April 1, 1997 Page 11 Case asked what the legal exposure is. Rosow said we would want to make sure we comply with Health Department rules and regulations. He encouraged continued effort to post a sign regarding possible health risks. Lambert said the Health Department asks us to test for nitrates and bacteria. We need to post some kind of sign regarding no guarantees and the fact that it is a shallow aquifer; however, signs posted in the past have soon disappeared. Butcher-Younghans thought the timing is perfect for this project, noting that this is one of the most highly visited sites in the City. She thought the State Historical Preservation Office might be willing to fund the portion that describes the historic attributes of the site. She asked if an historical interpreter is involved in the planning. Lambert said, until we get a concept plan, we won't know if it is worth the effort of going through the grant process. Tyra-Lukens asked if we have any idea about future development in the area, and what that would do to the water quality. Lambert said the water comes from the hill across the road. Future plans for that area show single family residential there, and it would be served by City water and sewer. There probably would be more runoff after development and that would affect this project. Tyra-Lukens asked about the possible effect of fertilizers. Lambert said those will have some effect, and we will have to monitor that. Also the road may eventually be widened and that would also affect this. Tyra-Lukens asked if this upgrade to the parking will be able to handle the traffic generated as the trail head for Prairie Bluffs Conservation Area. Lambert thought the trail probably will not require a great deal of parking, and we could not expand the parking lot here without filling part of the creek valley and doing a lot of mitigation. The major access to the conservation area will be on top of the hill. Tyra-Lukens thought this site is definitely an eyesore, but she was not keen on putting money into this project. She hoped the concept that is developed would be good for soliciting outside funding. She was not sure this was the highest priority project on the CIP list, especially with the major concerns we have in other areas. Harris liked the project and was concerned about liability as people try to access the water, especially during the wintertime. CITY COUNCIL MINUTES April 1, 1997 Page 12 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to authorize Staff to propose a joint project with the Riley/Purgatory/Bluff Watershed District to improve the Miller Spring site on Spring Road, per the recommendations of the Staff Report of March 18, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XHI. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:05 p.m.