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City Council - 06/17/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUKE 17, 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris noted Councilmember Thorfinnson was absent because he is in Washington D.C. along with other members of the I-494 Corridor Commission. They will be meeting with government officials there. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Harris added item XI.A.1. Appointment of Members to Cost of Services Working Group and item W.L. VALUE STATEMENTS. Case added item XI.A.1. Workshop Reports. Jullie added item N.M. EQUITABLE OFFICE BUILDING and item XI. B. 1. Update on Workshop Schedule. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM Charles Kruse, 17100 Rogers Road, said he is representing neighborhood residents who are requesting stop signs at the corner of Raleigh Lane and Rogers Road. He presented a petition with 45 signatures from the area. They have seen a dramatic increase in traffic, especially on Raleigh Lane which has become a cut-through from a new development. At one time there were four stop signs at the comer of Raleigh and Rogers, but the two on Raleigh were removed. They would like those put back. There is a high concentration of young families with kids in the neighborhood. Harris received the petition and asked Dietz to work with the residents on this. Tyra- Lukens commented that the sight lines on Raleigh make it difficult to see the cars coming up the road, so she thought we need to consider this carefully. CITY COUNCIL MINUTES June 17, 1997 Page 2 Marie Wittenberg and Kathie Case displayed an afghan that was designed from photographs of various landmarks in Eden Prairie. The afghan is available for sale at $40.00. Harris thanked them for bringing the afghan. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 27, 1997 MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, May 27, 1997. Motion carried 4-0. B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JUNE 3, 1997 MOTION: Case moved, seconded by Tyra-Lukens, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, June 3, 1997. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY, JUNE 3, 1997 Case said page 11, paragraph 3, sentence 2 should be changed to "Dietz said if we give them a notice of violation we will hear from them and take corrective action." MOTION: Butcher-Younghans moved, seconded by Case, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, June 3, 1997. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TOWNPLACE CENTRE- OFFICE/RETAIL/RESTAURANT by Office Depot, Inc. 2nd Reading of Ordinance 30-97-PUD-20-97 for Planned Unit Development District Review on 4.47 acres and Rezoning from Public to C- Regional Service on 4.47 acres, Adopt Resolution 97-109 for Site Plan Review on 4.47 acres and Approval of a Developer's Agreement for Townplace Centre- Retail Restaurant for Office Depot, Inc. Location: North and South of the intersection of Leona Road and Den Road. (Ordinance 30-97-PUD-20-97 for PUD District Review and Zoning District Change and Resolution 97-109 for Site Plan Review) C. PAX CHRISTI CATHOLIC COMMUNITY ADDITION by Pax Christi Catholic Community. 2nd Reading of Ordinance 28-97-PUD-18-97 for PUD District Review on 24 acres and Zoning District Amendment in the Public District on 24 acres, Adopt Resolution 97-110 for Site Plan Review on 24 acres CITY COUNCIL MINUTES June 17, 1997 Page 3 and Approval of a Developer's Agreement for Pax Christi Catholic Community Addition for Pax Christi Catholic Community. Location: 12100 Pioneer Trail. (Ordinance 28-97-PUD-18-97 for PUD District Review and Zoning District Amendment and Resolution 97-110 for Site Plan Review) D. HOMESTEAD VILLAGE by Homestead Village, Inc. 2nd Reading of Ordinance 29-97-PUD-19-97 for PUD District Review on 2.4 acres and Zoning District Amendment in the C-Reg-Ser District on 2.4 acres, Adopt Resolution 97-111 for Site Plan Review on 2.4 acres and Approval of a Developer's Agreement for Homestead Village for Homestead Village, Inc. Location: Technology Drive and Highway 212. (Ordinance 29-97-PUD-19-97 for PUD District Review and Zoning District Amendment and Resolution 97-111 for Site Plan Review) E. SHADY OAK ROAD AND HIGHWAY 212 IMPROVEMENTS RIGHT- OF-WAY ACQUISITION FOR STATE PROJECT NO. 2763-35 (RESOLUTION 97-112) F. RESOLUTION 97-113 AWARDING CONTRACT FOR TEMPORARY TRAFFIC SIGNALS AT CSAH 1 (PIONEER TRAIL) AND CSAH 4 (SPRING ROADUIVIITCHELL ROAD, I.C. 97-5438 G. RESOLUTION 97-114 AWARDING CONTRACT FOR TWO NEW 1997 16' HYDROSTATIC MOWERS, I.C. 97-5436 H. RESOLUTION 97-115 CALLING FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF DISTRICT I. REQUEST FROM FOREST HILLS ELEMENTARY SCHOOL FOR PERMISSION TO INSTALL BOARDWALK TRAIL J. REQUEST FROM DOUG AND SUE HEYVAERT TO EXTEND WATER TO THE EQUESTRIAN ARENA IN RH EY LAKE PARK K. RESOLUTION 97-116 AUTHORIZING PARTICIPATION IN LOCAL LEVY TRANSIT OPTION FOR 1998 L. CITY OF EDEN PRAIRIE VALUE STATEMENTS M. EQUITABLE OFFICE BUILDING by Edenvale Partners LLC. 2nd Reading of Ordinance 25-97-PUD-16-97 for PUD District Review on 7.95 acres and Zoning District Change from Rural to Office on 7.95 acres and Approval of a Developer's Agreement for Equitable Office Building for Edenvale Partners, LLC. Location: Land located at Equitable Drive. (Ordinance 25-97-PUD-16- 97 for PUD District Review and Zoning District Change) CITY COUNCIL MINUTES June 17, 1997 Page 4 Regarding item H, Tyra-Lukens asked if any development plans are being approved as part of this item. Jullie said there are not. MOTION: Case moved, seconded by Tyra-Lukens, to approve items A-M on the Consent Calendar. Motion carried 4-0. V. PUBLIC IJEARINGS/MEETINGS A. VILLAS AT MITCHELL LAKE by Hartford Capital Corporation. Request for PUD Concept Review on 9.64 acres, PUD District Review on 9.64 acres, Zoning District Change from Rural to R1-9.5 on 9.64 acres, and Preliminary Plat of 9.64 acres into 24 lots. Location: Terrey Pine Drive &Hwy 5. (Resolution 97-117 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution 97-118 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on June 5, 1997 in the Eden Prairie News and mailed to 25 property owners. The request is to construct a 24-unit, small-lot, single-family subdivision on 9.64 acres. Bill Griffith, representing Hartford Capital Corporation, reviewed the proposal. He distributed copies of letters of support from neighbors, noting that they incorporated some suggestions from the neighborhood into their plans. He said there will be an 18% tree loss, and this type of development will generate fewer trips than other type would. 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 23rd. He reviewed the staff recommendations and the report from Christina Harrison regarding the three archeological sites located in the project. Ms Harrison's report to the Heritage Preservation Commission recommended preservation of the Eames sites 1 and 2. She said there was no need for further investigation of site 3 as there was very little of value found at that site. Enger said the Planning Commission recommended that only one 75- foot long dock be allowed on the project. Lambert said the Parks, Recreation& Natural Resources Commission unanimously recommended approval at its meeting of June 2, 1997, subject to the recommendations of the Staff Reports of May 23 and May 28. Tyra-Lukens asked what steps have been made to make sure the conservation easement for the historical sites will be permanent. Griffith said they will provide easement documents to the city, and there will be historical markers to identify the sites. There will be fencing around the site during construction. CITY COUNCIL MINUTES June 17, 1997 Page 5 Butcher-Younghans supported the project and thought it is a very good way to use the land. She appreciated the consideration given to preservation of the natural area. Case asked how the conservation easement will be delineated so that someone would know they are on the easement land. Lambert said at this point we do not have specific details on the language of the easement and what they mean by "left in its natural state." He said we could require markers on the site to make sure of where the conservation easement line is located. Griffith said they do not propose to mark the site since it will be owned and controlled by the Homeowners Association, and there will be restrictive covenants on how they could use the easement. They would like the flexibility to clear the area so that it looks nice. The clearing would be done under the city review and permitting process. Case was concerned about unmarked easements where people can claim they don't really know where the line is. He thought carsonite markers are very unobtrusive, and he would like to begin mandating their use for marking conservation easements. He thought the markers would let people know it is special and would communicate the line for the easement. Harris asked what the markers look like. Lambert described the plastic markers are 3-4 feet high and 1-1/2 inches wide. There would be plastic tape on them to describe what it is. Case noted these are used by the DNR and others. Lambert said they are used to mark all of our park boundaries. Griffith thought the concept of giving people notice is a good one. He thought the problems come with single-family developments; however, this development will have all of the maintenance done by the association. He did not think the markers are needed in this setting. Butcher-Younghans said one of the reasons she liked this project is that it really will be a neighborhood and will give the sense that everybody will be watching out. She thought the Homeowners Association documents should make it part of the responsibilities that there is no violation of the conservation easement. Case clarified he was not suggesting the markers at the historical site, but rather at the conservation easement. Tyra-Lukens thought there would be some value in placing markers so that people would not be able to claim they did not know where the easement was located. Harris thought the Homeowners Association would handle this, and she did not think it was necessary to place markers for this kind of project. CITY COUNCIL MINUTES June 17, 1997 Page 6 Case said this was one of the issues at a site in the Big Woods where it was not clearly understood during the construction. He would like to see us set a precedent of marking conservation easements. He agreed there may be neighborhoods that need it more than this one, but he would like to start the process now. Tyra-Lukens noted careful grading during construction will be important because of the archeological structures. Griffith said he did not want to create the impression that the landowners can't use the easement land. He thought the concerns about how it will be treated are addressed by the maintenance agreement. He said all the historical area will be fenced off during construction. Tyra-Lukens liked the plan and the tree preservation. This raises the question of what we are asking for from a conservation easement. We are trading off density for the easement. If they clear out the undergrowth and leave the trees, then that defeats the purpose of a conservation easement. She thinks of a conservation easement as an undisturbed area. She was not sure it was the intent to clear out the undergrowth. Harris thought the decision to clear in order to retain the basic character of the area rests with the developer or the association. Butcher-Younghans thought the city will help guide the association. She thought each conservation easement is different and varies by case. Harris agreed that the purpose of a conservation easement may vary and can be used for such things as preserving a recreation area or preserving a unique attribute. Lambert noted that the city may not be guiding the conservation easement. Most conservation easements run to the city and we are asked permission for maintenance; however this one runs to the Association. Butcher-Younghans noted the agreement calls for the city to review the proposed changes. Lambert said the conservation easement can mean different things. It could mean brush out, trim trees and plant grass. They may want to use this for recreational purposes, and it still could be a conservation easement. He thought if the Council has strong opinions as to restrictions, we need to spell those out. Tyra-Lukens asked if the conservation easement protects only against a structure going up on it. Lambert said we don't have any language as yet, so it can be as restrictive as they want. Case thought we, as a Council, have not come to grips with what we mean when we discuss the term conservation easement. He thought the documents for such easements can be extremely vague. Since we are accepting somewhat of a density trade-off, the question has to be what are we getting as a city. He also CITY COUNCIL MINUTES June 17, 1997 Page 7 had some issues with clearing out the undergrowth because he would prefer to see it as natural as possible. Griffith noted the Shoreland Ordinance maintains certain things such as prohibiting them from removing brush closer than 75 feet to the lake. He said it is the desire of the developer to preserve it in a natural state. He said they could review the language of the conservation easement with the city; however, he thought the concerns the Council expressed are addressed by the type of development here. He said the conservation easement is part of the Declaration of Restrictive Covenants and can be reviewed by the city. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried 4-0. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to adopt Resolution 96-117 for PUD Concept Review on 9.64 acres; to adopt Resolution 97-118 for Preliminary Plat on 9.64 acres into 24 lots; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-9.5 on 9.64 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. AMENDMENT TO THE MOTION: Case moved, seconded by Tyra-Lukens, to require that the developer delineate the conservation easement with carsonite markers on the lot lines of Lots 5-20. Motion carried 4-0. VOTE ON THE MOTION AS AMENDED: Motion carried 4-0. Tyra-Lukens said she would also like us to look into what out intent is for conservation easements. B. CAR-X MUFFLER & BRAKE by Brian Cook. Request for Zoning District Change from Rural to C-Reg-Ser on 0.56 acres and Site Plan Review on 0.56 acres. Location: 8108 Eden Road. (Ordinance for Zoning District Change) Jullie said the official notice of this Public Hearing was published on June 5, 1997 in the Eden Prairie News and mailed to 17 property owners. The proposal is consistent with the design philosophy used for other car care projects where a combination of building jogs, recessed service doors, and metal canopy designs provide architectural compatibility and minimise views to the service doors. Brian Cook, the proponent, and Ken Nordby, the architect, reviewed the proposal. CITY COUNCIL MINUTES June 17, 1997 Page 8 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 it was not reviewed by the Parks, Recreation & Natural Resources Commission. There were no comments from the audience. MOTION: Case moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 0.56 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Barris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. ESTABLISH A WORKING GROUP TO INVESTIGATE AND RECOMMEND COMMUNITY USES AT THE EDEN PRAIRIE CENTER AND APPOINTMENT OF MEMBERS Lambert said staff is requesting the Council establish a Working Group to serve as a community liaison with General Growth to determine how to best utilize the space at the Eden Prairie Center that General Growth is proposing to provide for community use. The Working Group would report directly to the Council and would be comprised of representatives from the Arts Task Force, the Arts Commission, the Heritage Preservation Commission, the Historical Society and the Council. Tyra-Lukens said she was in favor of the group and the people who have been recommended to serve on it, but she had a question after reading the Staff Report as to whether we are being too limited by not including schools, seniors and parks and recreation as part of the Working Group. She thought General Growth seemed to be after something broader. CITY COUNCIL MINUTES June 17, 1997 Page 9 Lambert said they mentioned arts and historical. The space available is only 5,000 square feet. The general idea is that they want something to attract people and not just have an arts center. They want a constant renewal of different programs to attract people to the center and to provide a service in order to make Eden Prairie Center a focal point. Harris asked if the proposed appointees are the chairs of the various committees. Lambert said that was correct. Harris said we need to appoint a Councilmember to the Working Group, and she suggested Councilmember Case. Case agreed to serve, noting he served on the original Staring Arts Center group and also on the Historical & Cultural Commission so he would feel balanced on the issues being worked through in the Working Group. Harris said the Arts Task Force will identify an appointee at the June 17, 1997 meeting. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the formation of a Working Group to prepare recommendations to the Council for utilization of the proposed public space at the Eden Prairie Center as per the Staff agenda report of June 17, 1997, including the appointments as follows: (Association or affiliation/Group Representative) City Council/Ron Case; Arts Commission/Deb Campbell Potter; Heritage Preservation Commission/Jane Hessian; Historical Society/Marie Wittenberg; Arts Task Force/to be appointed. Motion carried 3-0-1, with Case abstaining. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Appointment of Members to Cost of Services Working Group Harris said, since the implications of the action taken by the 1997 legislature that imposed levy limits on local governments are still unclear, she suggested that staff continue with the strategies developed in 1995 until we receive information that would change those. She had asked Councilmembers Tyra-Lukens and Case to work with staff in the area of cost of services and identification of cost and efficiency measures to add to the budget strategies. She suggested that, as part of their work, they also review Councilmember Case's request to list salaries on the Payment of Claims. 2. Workshop Reports Case said he attended the Minnesota League of City Governments meeting in St. Cloud last Thursday and Friday. As part of that meeting, CITY COUNCIL MINUTES June 17, 1997 Page 10 he attended the workshops offered on municipal liquor stores and on towers. The liquor store workshop was put on by the MNBA. He thought it showed that we are doing things right. He recommended we take their advice about appointing some type of over-seeing group that would meet with the managers and other staff to make sure the city's philosophies are being carried out. While attending the towers workshop he learned that tower proponents usually have the capability of developing a computer graphic of their antenna and how it would look on an existing structure as well as developing a graphic that would show the potential for other additions on the structure in the future. He thought it would be a good idea to request this type of graphic in the future. He was also honored to accept an award on behalf of the City for Project Hope. We were one of 11 cities to receive such an award. B. REPORT OF CITY MANAGER 1. Update on Workshops Jullie said there is no topic for the June 24th workshop, so that one should be deleted. We will meet with the Chamber on July 1, prior to the regular Council meeting. He suggested using the July 15th pre- Council meeting workshop time to review the Vision/Mission Statement now that we have adopted the value statements. The July 22nd meeting was scheduled as the preliminary budget workshop; however, we have been informed by the state that they will not have levy limit numbers available until sometime in August. He thought Mayor Harris's direction regarding budgets was appropriate, but we can't go ahead with much more detail until we get the numbers. He suggested the July 22 meeting be deleted and we schedule Thursday, August 21, to address the preliminary 1998 city budget. The consensus was to amend the workshop schedule, per Jullie's suggestions. 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 F. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES June 17, 1997 Page 11 MI. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 4-0. Mayor Harris adjourned the meeting at 8:50 p.m.