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City Council - 06/03/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 3, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thox1innson, 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE Mayor Harris called the meeting to order at 7:30 p.m. ROLL CALL All members were present. PRESENTATION OF "KEY TO THE CITY" TO THE FAMILY OF FORMER COUNCILN EMBER RICHARD T. ANDERSON Mayor Harris presented a Key to the City plaque to the family of former Councilmember Richard T. Anderson. She reviewed his many contributions while serving as Councilmember and Commissioner for the City of Eden Prairie. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Harris suggested the agenda be reordered to move the Hidden Glen request, item VIII.A., to follow the Consent Calendar. Thorfinnson added item XI.A.1. Report on I 494 Corridor Issue. Jullie added items IV.J. RESOLUTION APPROVING FINAL PLAT OF RILEY CREEK RIDGE XI.E.1. Discussion of Lawn Watering Restrictions, an addition to item IV.C. AND RESOLUTION APPROVING THE SUMMARY OF THE NEW ORDINANCE REGARDING TOWERS AND ANTENNAS. MOTION: Tyra-Lukens moved, seconded by Thorfmnson to approve the Agenda as published and amended. Motion carried 5-0. H. OPEN PODIUIVI CITY COUNCIL 1VII11qUTES June 3, 1997 Page 2 III. MEVJTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 200 1997 MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, May 20, 1997. Motion carried 4-0-1, with Harris abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 1997 MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, May 20, 1997. Motion carried 4-0-1, with Harris abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RILEY-PURGATORY-BLUFF CREEK/CITY OF EDEN PRAIItIE WATER QUALITY GRANT APPLICATION C. 2ND READING OF ORDINANCE 27-97 AMENDING CHAPTER 11 FOR TOWERS AND ANTENNAS AND RESOLUTION 97-102 APPR03M THE SUMMARY OF THE NEW ORDINANCE REGARDING TOWERS AND ANTENNAS D. RESOLUTION 97--103 APPROVING CONSTRUCTION PLANS FOR SHADY OAK ROAD AND FLYING CLOUD DRIVE IMPROVEMENT$, I.C. 94-5344 E. RESOLUTION 97-104 APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER F. RELEASE OF SPECIAL ASSESSMENT AGREEMENT FOR CEDAR RIDGE ESTATES 2ND ADDITION G. APPROVAL OF INCREASE FOR MILEAGE REIMBURSEMENT TO $0.31 PER MILE EFFECTIVE TUNE 1 1997 H. DELEGARD COMMERCIAL by Curt and Duane Delegard. 2nd Reading of Ordinance 26-97-PUD-17-97 for PUD District Review and Zoning District Change from Rural to Neighborhood Commercial on 3.66 acres, Adopt Resolution 97-105 for Site Plan Review on 3.66 acres and Approval of a Developer's Agreement for Delegard Commercial for Curt and Duane Delegard. Location: Dell Road and Highway 212. (Ordinance 26-97-PUD- 17-97 for PUD District Review and Zoning District Change and Resolution 97-105 for Site Plan Review) CITY COUNCIL MINUTES June 3, 1997 Page 3 L APPROVAL OF ENCROACHMENT AGREEMENT FOR INSTALLATION OF FIBER OPTIC CABLE WITH KMC J. RESOLUTION 97-106 APPROVING FINAL PLAT OF RILEY CREEK RIDGE MOTION: Case moved, seconded by Thorfinnson, to approve items A-J on the Consent Calendar. Motion carried 5-0. VM. PETITIONS, RE VESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS OF HIDDEN GLEN NEIGHBORHOOD (Continued from May 20, 1997) Jullie said this is a continued item from the May 20, 1997 City Council meeting. Our Engineering staff has completed a review of the petition from the Hidden Glen neighborhood for a temporary closure of Pleasantview Road at its intersection with CSAH 101. We concur that this closure is appropriate because of the uniqueness of this situation. The alignment and proximity of this roadway to the nearby construction project make it especially attractive for cut- through traffic. This roadway is very residential in character and design and should not be expected to handle such large volumes of cut-through traffic. A partial closing (i.e., no right turns) would be costly to enforce and not as effective. This temporary closure would not last longer than October 15, 1997. Dietz reviewed the staff memorandum of June 3, 1997. He noted that, following the closure, there probably will be a period of time when cars will use the street and will have to turn around at the closed end. City staff is prepared to close the street by Friday of this week; however, the right turn lane northbound to Pleasantview Road will have to have barrels placed in it, and that will require the cooperation of Hennepin County. There will be signs at the west and east ends advising that the roadway will be closed as of June 6. The signs will remain throughout the closure, which will remain until about October 15, or until Hwy 101 is opened to traffic again. Case said he did not see a temporary signal at the intersection by the Tom Thumb store. Dietz said there isn't one. Case expressed concern about a process to reconstruct roads that does not look at a neighborhood like this and anticipate that such a traffic situation will occur. Dietz said the alternative would have been to designate a specific detour route, and there aren't many good options. Case said the neighbors have suggested there be no right turn on red north on Dell and east on Hwy 62. He asked if we could suggest that to the County. Dietz said the sign would be in their right-of-way; however, we could look into it as part of the operations at that intersection. CITY COUNCIL MINUTES June 3, 1997 Page 4 MOTION: Thorfinnson moved, seconded by Case, to approve the temporary closure of Pleasantview Road at its intersection with CSAH 101 as per the recommendation of the Engineering Staff Report of June 3, 1997. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. CROWN AVIATION by David Crown. Request for Site Plan Review on .7 acres for construction of an 18,125 sq. ft. hangar. Location: 14871 Pioneer Trail at west end of hangar row along Pioneer Trail. (Resolution 97-107 for Site Plan Review) Jullie said the official notice of this Public Hearing was published on May 22, 1997 in the Eden Prairie News and mailed to one property owner. The request is to construct an 18,125 square foot hangar on 0.7 acres and is in conformance with the Flying Cloud Airport Design Framework Manual. Dave Crown, owner of Crown Aviation, reviewed his request. He questioned the requirement for brick facing since MAC plans to do some additional building in the vicinity and it might be covered up. He also was not sure about the landscaping requirements because the only available location for the plantings is the natural drainage ditch on the property and they would not survive there for very long. Enger said the Planning Commission unanimously recommended approval of this project at its May 27, 1997 meeting, subject to the recommendations of the Staff Report of May 23. He said the only items required in the Design Framework Manual are concerned with landscaping and the facing of the building. He said if there are still questions about those two items, we would need more time to address them because the Planning Commission made their recommendations with those items in mind and because they understood that the Design Framework Manual would be adhered to. The Parks, Recreation & Natural Resources Commission did not review this project. Harris understood there might be some flexibility in terms of material and placement. Case asked where the drainage ditch is in relation to the airport. Crown said the drainage ditch is between the soccer fields and the airport. Crown asked if there is any general fund that they could use to pool money to plant trees and shrubs in other areas in the airport where they would be more likely to survive. Enger said that would seem to be a good idea and worth pursuing. He said the plans and the staff report indicate trees adjacent to the parking area and staff felt something practical could be done along the top of the drainage ditch. Enger thought the Council might want to refer this to staff to work out with proponent. CITY COUNCIL MINUTES June 3, 1997 Page 5 Case was concerned when rules are made that are not flexible enough to bend to the situation. He thought the intent of the Design Framework Manual makes sense, but he thought the manual should have specified those areas that we want to enhance. Tyra-Lukens asked how imminent is the construction of the building on the north side. Crown said the Williams pipeline goes through there, so he was not sure when, or if, the building would be constructed in that location. Councilmembers then discussed the brick facing and plantings. The consensus was to put the plantings on the west and the bricks on the north and to have the plantings be primarily trees. Tyra-Lukens asked how we would handle it if MAC denies the request to plant trees. Case thought we are approving a dollar amount, and MAC would have to determine that. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-107 for Site Plan review on .7 acres, with the condition that plantings be placed on the west side of the building with the plantings to consist primarily of trees. Motion carried 5-0. B. LAKE CORPORATE CENTER by Moen Leuer Construction. Request for PUD Concept Review on 8.64 acres, PUD District Review on 8.64 acres, Zoning District Amendment in the I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres. Location: Wallace Road. (Resolution 97-108 for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on May 22, 1997 in the Eden Prairie News and mailed to 21 property owners. The site plan for this project shows construction of a one-story, 70,641 square foot building on 8.64 acres. Debbie Broadsho, representing proponent, reviewed the proposal to build a warehouse building adjacent to the School District property. She said a School District representative was concerned at a neighborhood meeting that additional landscaping be provided on their side of the project. They will be happy to do that, but there is an easement issue there. She also reviewed the proposed landscaping and reforestation plan. Butcher-Younghans asked what the grading will be. Broadsho said the elevation is 882, and the grading will be very close to that. CITY COUNCIL MINUTES June 3, 1997 Page 6 Enger said the Planning Commission unanimously recommended approval of this project at its May 12, 1997 meeting, subject to the recommendations of the Staff Report of May 9. He reviewed the waivers required for the project. Lambert said the Parks, Recreation &Natural Resources Commission recommended approval on a 6-0-1 vote at their May 19, 1997 meeting, subject to the recommendations of the Staff Reports of May 9 and May 14. Commissioner Kracum abstained from voting because of his proximity to the property. Butcher-Younghans liked the plan and most of the residents she heard from did too. Case said he heard from some residents who were not as pleased. He had concerns about the bigger ramifications and the process that brought us to this point. He thought it makes sense from the perspective of someone driving down Wallace Road; however viewing it from the residential area to the south raises some questions. Case asked when we are on safe legal ground to call into question a project that requires this many waivers. He understands this predates our ten acre minimum requirement; however, several commissioners had concerns about squashing this onto the property. He was troubled by the transition between industrial and residential zones, but he liked the way the traffic impact is minimized. He was concerned about headlights not being totally blocked from the residential neighborhoods. He noted the Parks Commission discussed shifting a couple of parking spaces to save some trees. He thought we should consider all ways to better the view from Scenic Heights Road and do anything possible to save trees. Tyra-Lukens thought this was a problematic project. She liked the idea, the building and the location but was concerned about setting a precedent to have total blockage of headlights from residential buildings. She thought most of the traffic would be during the daytime. She was concerned about the number of waivers being requested and was not sure what the citizens are gaining by granting variances to the proponent. She could not see the hardship case for granting the waivers. Enger said this is part of an existing 35-year old industrial area. The School District building is permanent in that location. He thought we have reviewed the questions of whether this type of building at a floor area ratio less than that permitted is preferable and whether other uses have been explored. Townhoses would be isolated in this area, and he thought the project makes eminent sense on this site because it completes the pattern of industrial development in this area. We have granted shoreland ordinance variances in commercial areas fairly extensively, based on merit. He thought we need to look at it in total and CITY COUNCIL MINUTES June 3, 1997 Page 7 look at the land use. He thought the question is whether it is a suitable project for the location or should we look for a different land use. Tyra-Lukens liked the project and thought it fills in very well. Her concern was with the number of different variances we are granting with this parcel. Enger said the Staff Report enumerates the valid reasons for the variances, and such projects almost always include several waivers because of the way the shoreland ordinance was given by the state. Harris was sensitive to the problematic location for several other types of development, and she thought this is a reasonable use of the land. Case's concern was with setting a precedent of blocking headlights. This is high up and abuts residential areas. They have several truck bays, and he thought it would not be difficult to exchange or mitigate that situation. He asked Staff to look into that issue and make a determination. Broadsho reviewed the landscaping plan with terraced plantings that will fill in and eventually block out the building. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried 5-0. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt Resolution 97-108 for PUD Concept Review on 8.64 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the I-2 Park District on 8.64 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. VI: PAYMENT OF CLAIMS Case asked if, in the summary listing on the front of the Payment of Claims, it would be possible to group these into departments so we could get more of a feel for the outflow and the costs of services. Jullie thought we can do that within the system, but he will check it out and report back. Thorfinnson thought the checks written are not reflective of the monthly expenses and represent only the amount paid out during the course of the month. He didn't know what the benefit would be and would probably make more work for staff. Case thought it would be more a matter of getting used to doing it by group, and it would give a general sense of what the different departments are doing. CITY COUNCIL MINUTES June 3, 1997 Page 8 Harris suggested we send the idea to staff; however, she was not sure we would get what we want without a great deal of detail. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfmnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS r A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said there will be an increase in the Telebus fare from 50 cents to $1.75 per ride. They are working with social service groups to get some sort of subsidy to help low-income users of the service. She said the commission recommended that the Executive Director discuss with the City that they be involved in the development of parcels of land around the transit hub. She reviewed what has been happening in the state legislature regarding the gas tax and the omnibus transportation finance bill. There are some possible changes in the local levy option, and the local levy may become part of the levy limit. The Executive Director is meeting with some people tomorrow to see what the impact will be. Case asked if we are permitted not to levy. Tyra-Lukens said we can choose not to levy; however, if we don't, the Met Council then has an incentive to not honor bills because they get half of the money that is not spent. Harris thought it would be useful to have staff look at this and bring some recommendations back to the Council. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on I 494 Corridor Commission Thorfinnson said the group unanimously approved a change in direction on the Hwy 394 demonstration issue to allow a toll. They have not yet presented it to Edina because they have not been able to get on the agenda there. Maple Grove has not endorsed it because they believe it conflicts with their efforts to build Hwy 610. Two representatives of the group will go to Washington D.C. in two weeks to meet with Minnesota Senators and Representatives to talk about Hwy 494 and alternatives. CITY COUNCIL.MINUTES June 3, 1997 Page 9 Harris noted she will be distributing some material from a meeting of a task force that is looking at congestion. She said MnDOT has identified categories and will hold focus groups around the metropolitan area to test their assumptions and proposed strategies. Thorfinnson noted it is a very real possibility that, if the demonstration project works on Hwy 394, we will see it on 494 because they are looking at it as a way to pay for additional lanes. X. APPOINTMENTS A. APPOINTMENT TO FILL VACANCY ON THE ARTS COMMISSION FOR A TERM TO EXPIRE MARCH 31, 2000 Julle said due to the resignation of Rachel Hutter from the Arts Commission, a vacancy now exists for a term which expires March 31, 2000. He noted there are three applicants from the last appointment process that expressed interest in the commission. Thorfmnson nominated John Murray. Tyra-Lukens nominated Andrea McGillan. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the nominations. Motion carried 5-0. Councilmembers then voted by a raise of hands, as follows: four votes for McGillan (Harris, Tyra-Lukens, Butcher-Younghans and Case); one vote for Murray (Thorfmnson). Andrea McGillan will be appointed to fill the vacancy on the Arts Commission for a term to expire March 31, 2000. XI. REPORT OF OFFICERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION &NATURAL RESOURCES 1. Nesbitt Preserve Park Lambert said during the staff review process for replacing the playground equipment at Nesbitt Preserve Park, they decided it was appropriate to address some of the other problems at that park. He said they have learned it is not a good idea to use ponds for free-skating areas, especially if they have springs in them as this one does. After CITY COUNCIL MINUTES June 3, 1997 Page 10 touring the park and considering a different layout for the park, the Parks Commission recommended on a unanimous vote to consider delaying the replacement of the equipment until we have redone the rest of the park. The CIP calls for replacing the warming house in 1999, and they would like to transfer this year's funding for replacing this playground structure to replace the equipment at Hidden Ponds Park. He said staff will begin the process to revise the master plan for Nesbitt Preserve Park to change the location of the skating facilities and playground and to develop picnic facilities on the southwest corner of the park. They will have to notify the residents within the service area and invite them to a Parks Commission meeting to discuss some of the problems we have and some of the recommendations for changes. Harris liked the proposed new design and thought most people will be very pleased with it. Butcher-Younghans asked if the surfaces between the warming house and the skating facilities will be wooden walkways. Lambert said it would be an eight-foot asphalt trail that they would cover with a rubberized surface in the winter. MOTION: Case moved, seconded by Butcher-Younghans, to approve the process for revising the Master Plan for Nesbitt Preserve Park and to approve the transfer of replacement funding for playground equipment as per the Staff Agenda Report of June 3, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Discussion of Lawn Watering Restrictions Dietz said we need to get information out and begin to enforce the watering restrictions. He reviewed the water usage over the past weekend that led to staff's recommendation to begin enforcing the restrictions. He said they plan to blanket the City with the information about the restrictions. They will hang the information packet on the doorknob or the mailbox on Thursday of this week if the Council agrees with the Staff recommendations. They would then have four staff members go out on Saturday to give notices of violation. Thorfmnson thought it is inevitable that we would use the information at some point this summer, if not this week. Dietz noted they would distribute the information, but the enforcement on the weekend would depend on whether we get rain before the weekend. CITY COUNCIL MINUTES June 3, 1997 Page 11 Harris thought we could consider having posters at the Eden Prairie Center and other locations. Dietz said WCCO and the TV stations have been responsive to providing information about cities that have severe water problems. Staff has avoided going to the media because they did not think we are in a critical situation. Butcher-Younghans thought it may be a matter of people knowing about the restrictions but making a choice to water anyway. She thought the monetary penalty will have an impact. Case asked if it is worth putting ads in the newspaper. Dietz said he has talked to Mark Weber about devoting some space in the paper to this. He said the Eden Prairie News has done a very good job of reporting information, but there has always been an association with an emergency and they don't recognize this as an emergency. Harris thought it was important to get this out as early as possible because changes do not occur overnight. Dietz said the City employee would have to see the violation. Staff discussed the merits of writing a "ticket" versus putting it on the water bill and decided the three-part ticket form would have more impact. Case asked how they will differentiate those people who are watering off a well. Dietz said if we give them a notice of violation we will hear from them and take corrective action. MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to approve the Staff recommendations regarding water restrictions. Motion carried 5-0. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:15 p.m.