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City Council - 07/01/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DULY 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Thorfinnson was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Suggestion for Next Quarterly City Newsletter and item XI.A.2. Water Surcharge. Tyra-Lukens added item XI.A.3. Discussion of Noice Ordinance. Jullie said City Attorney Pauly wants to meet with the Council in Closed Session following adjournment of the regular meeting. MOTION: Case moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried 4-0. II. OPEN PODIUM Lori Helling, Manager of Recreation Services, displayed the shirt the Recreation Department has designed as part of the celebration of July as National Parks and Recreation month. The shirts will be available to residents for a reasonable price. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, DUNE 17. 1997 MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, June 17, 1997. Motion carried 4-0. CITY COUNCIL MINUTES July 1, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 17, 1997 Butcher-Younghans said sentence 1, paragraph 1, page 7 should be changed to "Griffith noted the shoreland ordinance maintains certain things such as prohibiting them from removing brush closer than 75 feet to the lake." MOTION: Tyra-Lukens moved, seconded by Case, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, June 17, 1997. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 97-119 APPROVING FINAL PLAT OF EXTENDED STAY AMERICA (located at the Southwest Quadrant of Valley View Road and Office Ridge Center) C. RESOLUTION 97-120 APPROVING FINAL PLAT OF THE BLUFF AT RIVERVIEW 2ND ADDITION Qocated South of Riverview Road and West of Concord Drive) D. APPROVE CHANGE ORDER NO. 1 FOR PARKS/PUBLIC WORKS MAINTENANCE FACILITY E. APPROVE CHANGE ORDER NO. 1 FOR MIGHTY DUCKS PROJECT F. RESOLUTION 97-121 AMENDING FEE RESOLUTION NO. 97-1 FOR FEES AND CHARGES FOR MUNICIPAL SERVICES G. LAKE CORPORATE CENTER by Moen Leuer Construction. 2nd Reading of Ordinance 31-97-PUD-21-97 for PUD District Review on 8.64 acres and Zoning District Amendment on 8.64 acres, Adopt Resolution 97-122 for Site Plan Review on 8.64 acres and Approval of a Developer's Agreement for Lake Corporate Center for Moen Leuer Construction. Location: Wallace Road. (Ordinance 31-97-PUD-21-97 for PUD District Review and Zoning District Amendment and Resolution 97-122 for Site Plan Review) MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve items A-G on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. EDENVALE FAMHLY HOUSING by Jim Deanovic. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres and High Density Residential on 2.8 acres, Planned Unit CITY COUNCIL MINUTES July 1, 1997 Page 3 Development Concept Review on 6.3 acres, Planned Unit Development District Review on 6.3 acres, Zoning District Change from Community Commercial to RM-6.5 on 3.3 acres and RM-2.5 on 2.8 acres, Site Plan Review on 6.3 acres and Preliminary Plat of 6.3 acres into 2 lots. Location: Mitchell Road and Valley View Road. (Resolution 97-123 for Comprehensive Guide Plan Change, Resolution 97-124 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution 97-125 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on June 19, 1997 in the Eden Prairie News and mailed to 35 property owners. The project includes a 32-unit family rental housing proposal and a 52-unit assisted living services building. The developer of the family housing has applied for CDBG and TIF funds to help offset land costs and lower rents. The CDBG and TIF Plan will be before the Council for consideration on August 5. The 32-unit rental proposal will help the city meet its livable community goals for 1997. Jim Deanovic, developer, and Gary Tushie, architect, reviewed the project. Enger said the Planning Commission unanimously recommended approval of the Guide Plan Change and PUD Concept Review for the project at its June 9, 1997 meeting, and voted unanimously to recommend approval of the PUD District Review, Rezoning, Site Plan Review and Preliminary Plat for the project at its June 23, 1997 meeting, subject to the recommendations of the Staff Report of June 20, 1997. Enger said this is a housing proposal on a commercially-zoned site. The site was chosen because most of our affordable housing and assisted living projects are located between residential and commercial land, and this site has not been particularly attractive to commercial development, primarily because of limited access to the site. Due to the relatively early meeting date for this Council meeting, Enger said the Parks, Recreation& Natural Resources Commission has not yet reviewed the project. There are issues regarding the trail connections, the tot lot and the area of tree mass vegetation on the project that the Parks Commission will be reviewing. He suggested the Council refer the item to the Parks Commission with the understanding that Parks staff and the developer should revisit the landscaping plan at the perimeter of the site and other areas on the site where existing tree mass might be saved, and report back at Second Reading with a revised landscaping plan.. Enger then reviewed the financing tools that will be used for the project. Harris asked if the Staff recommendation includes revisiting the landscaping issue. Enger said that was correct. CITY COUNCIL MINUTES July 1, 1997 Page 4 Tyra-Lukens was happy to hear there is an attempt to save the tree mass. She likes the project because it fulfills a need we have in the community. She was concerned with the right-in/right-out turn on Mitchell Road and the traffic problems we might have if people make U-turns. She asked if they reviewed the traffic volumes for this as compared to a commercial project. Enger said the traffic volumes from this project are extremely low--200 or fewer average daily trips. An office project could generate many times that traffic volume. There is no full access to the property so a commercial use for it has not developed. Jeff Strate, 15021 Summer Hill, said he is a member of the Edenvale-Glenshire Conservancy Group, and they would like to participate in any landscaping discussions with the developer. He received phone calls from other members about not losing the second growth softwood. Because of the revenue problems in the City, he would like the Council to consider the impact of rezoning commercial land since we make much more in taxes from commercial development. Michael Rush, 16907 Hanover Lane, asked if an analysis has been done as to the incremental costs of rezoning the property. There is CDBG and TIF funding involved as well as rezoning costs, and he wanted to know the net cost of rezoning this property. Enger said this project is part of an overall strategy for affordable housing in the community. He said it is expensive to go from a commercial property to a subsidized property; however, this has been sitting as an undeveloped commercial property for many years. He said it would be easier to provide affordable housing within residential areas but that has not been proven to be a viable thing to do. They are left with sites that are at the fringe like this one that are more expensive to develop. Rush thought we should have a dollar figure of what the real cost is. Tyra- Lukens noted this is not totally a financial issue as we get pressure from the Met Council about affordable housing goals. Harris said we are trying to meet the housing needs of an increasingly diverse population in the City, and we also have an aging population in the City. Rush thought we should have a very clear picture of the trade-off costs. Case thought we need numbers as we look at the entire City, but he did not want to get stuck on what this one will cost. He thought we are doing this as we look at the southwest quadrant and see how many homes we need to build in order to pay for the costs there. Enger said if the City made its decision on land use only, the answer would be homes by commercial/industrial property and the worst answer would be large- lot, single-family development. In the Comprehensive Guide Plan the City has looked at taxes as a major component but not the main component. We have CITY COUNCIL MINUTES July 1, 1997 Page 5 one of the healthiest balances of commercial/industrial property in the metropolitan area. Rush again asked that when we make these decisions, we find out what the trade-off is. Enger said Staff will provide the numbers at 2nd Reading. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried 4-0. Case said he appreciated what will be looked at with the landscaping, but, as was directed by the Tree Preservation Task Force, property with tree mass should always have that taken into consideration. He was frustrated that this is a project where the tree mass concept applies, and people will see these 20-30 year old trees leveled. He would like to see us discuss the issue of peripheral tree mass and try to keep the tree mass somewhat perceptually intact. He thought it would not take much to shift two buildings in so that some islands of the tree mass could be retained. He thought this is a great opportunity to model what came out of the Tree Preservation Task Force. He encouraged staff to see if everything along the west side of the property along Mitchell Road could be saved. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adopt Resolution 97-123 for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres and High Density Residential on 2.8 acres; to adopt Resolution 97-124 for PUD Concept Review on 6.3 acres; to adopt Resolution 97-125 for Preliminary Plat of 6.3 acres into 2 lots; to approve 1st Reading of the Ordinance for PUD District Review on 6.3 acres and Zoning District Change from Community Commercial to RM-6.5 on 3.3 acres and RM- 2.5 on 2.8 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and directing the Parks Commission and Staff to review the landscaping issues and to consider the discussion at tonight's meeting regarding the tree mass issue. Motion carried 4-0. Harris complimented the proponent on a thoughtfully designed project that addresses the needs of our growing community. B. NATIONAL TIRE AND BATTERY by Sears. Request for PUD Concept Amendment on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the C-Reg-Ser District on 1.15 acres, and Site Plan Review on 1.15 acres. Location: Eden Road and Hwy. 212. (Resolution 97-126 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on June 19, 1997 in the Eden Prairie News and mailed to 16 property owners. This project CITY COUNCIL MINUTES July 1, 1997 Page 6 will be replacing the existing Hardee's building. 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. He said proponent is requesting early issuance of a demolition permit to remove the existing building. This action would help the construction schedule for a late fall opening. Lawrence Levenson, representing Sears, reviewed the project. Enger said the Planning Commission unanimously recommended approval of this project at its June 9, 1997 meeting, subject to the recommendations of the Staff Report of June 6, 1997. He reviewed the recommendations in the Staff Report. The Parks, Recreation& Natural Resources Commission did not review this project. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-126 for PUD Concept Amendment on 15 acres; to approve 1st Reading of the Ordinance for PUD District Review on 1.15 acres and Zoning District Amendment in the C-Reg-Ser District on 1.15 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. BEST BUY CORPORATE HEADQUARTERS EXPANSION 1997 by Best Buy. Request for PUD Concept Amendment on 28.46 acres, PUD District Review on 28.46 acres, Zoning District Change from Rural to I-2 Park on 1 acre, Site Plan Review on 28.46 acres and Preliminary Plat of 28.46 acres into 1 lot. Location: Flying Cloud Drive. (Resolution 97-127 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution 97-128 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published in the Eden Prairie News on June 19, 1997 and sent to 10 property owners. The proposal is to add 110 parking spaces divided in three areas on site. This is to accommodate approximately 76 cars that are currently parking in existing drive aisles and temporarily at the Wooddale Church. A total of 1,098 parking stalls are on site. With the additional parking stalls, a total of 1,204 spaces will be available. The proposed additional parking will require removal of the private tennis court, however, the ballfield will remain. These recreational facilities were not required as part of the original development. The development was subject to cash park fees. In the absence of proponent, Enger reviewed the project. CITY COUNCIL MINUTES July 1, 1997 Page 7 Enger said the Planning Commission unanimously recommended approval of this project at its June 9, 1997 meeting, subject to the recommendations of the Staff Report of June 6, 1997. The Parks Commission did not review this project. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to adopt Resolution 97-127 for PUD Concept Amendment on 28.46 acres; to adopt Resolution 97-128 for Preliminary Plat of 28.46 acres into 1 lot; to approve 1st Reading of the Ordinance for PUD District Review on 28.46 acres and Zoning District Change from Rural to I-2 Park on 1 acre; 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 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 VHI. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens reported that all three communities have voted to levy the transit tax within the community. She reviewed the progress of the circulator route, noting it was a necessary addition because the Telebus was very heavily used and could not add additional riders. They have had some problems with people who have a hard time getting from the Telebus to the circulator. They are meeting with the staff of all three cities as well as other groups to arrive at solutions to the problems. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES July 1, 1997 Page 8 1. Suggestion for Next Ouarterl City Newsletter Case said he has received calls from residents about progress on the Staring Lake playground, the Dayton store and the completion of the intersection at Anderson Lakes Parkway and Hwy 169. He suggested we use the City newsletter to provide a summary of things like that going on in the City in order to keep people abreast of events and schedules. 2. Water Surcharge Case thanked the Water Department staff for the statistics and asked that we be updated on those. When we approved this, he understood we were trying to sensitize people to their water usage. He thought we should revisit this in October or November because he was not sure it was our intention that over 50% of the residents would receive some type of surcharge. He thought another issue is whether it does exactly what we want it to in terms of fairness. Because the bill is based on different amounts of usage during the winter, people are being charged differently for the same usage in the summer. He would like to sit down with all the data and address some of the questions and see if it is doing what we want it to do. He encouraged residents to call so we can understand the effect of the ordinance. 3. Discussion of Noise Ordinance Tyra-Lukens received a call from a resident concerned about car radios and boom boxes. She asked staff to report back on how to determine the extent of the problem and what options we might have. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. GROWTH STRATEGIES FOR THE SOUTHWEST AREA OF EDEN PRAIRIE Enger said staff is returning to the Council with a summary and recommendation for a growth strategy under existing City policies for the southwest quadrant. This is an outgrowth of the joint meeting with the Planning Commission earlier this year. Enger said the Planning Commission recommended approval of the six CITY COUNCIL MINUTES July 1, 1997 Page 9 basic goals outlined in the Staff Memorandum of June 20, 1997. Staff is proposing the use of density transfer as a tool in order to provide for a variety of housing. Reviewing the two scenarios proposed, he said Scenario 1 would maintain the same percentages of housing balance as we currently have--43% multi-family and 57% single family. Scenario 2 would include more single-family housing and town houses with no apartments. The range of density proposed is 1.74 - 1.94 units per acre, both of which are within the gross density provided for in the ordinance. Case would like to see the figures used to arrive at the tax revenues generated by the two scenarios. Enger said Staff can provide those; however, he suggested the Council adopt the recommendations as a range. Case said he would like to see the numbers if a project with a higher density than expected is proposed so that we could know another goal on the list has been met. Enger said Staff would be able to provide that information. Harris said that, while this is not a Public Hearing, she would allow members of the audience to speak. Jeff Strate, 15012 Summer Hill, urged Council and staff to consider a different way to go about working out the ultimate plan for this. He thought the Council should involve more of the small landowners in that area and more of the entire community in order to deal with this proactively. This is an extremely important area, and there is no place along the Minnesota River that has as great a view. Part of the area is next to the Minnesota Valley National Wildlife Refuge. He thought there was too much housing in the plans. Paul Olson, 8899 Flescher, said this project will change the entire dynamics and culture of Eden Prairie. He thought we are dealing with an issue that the Council is obligated to include the citizens in. This is a huge tract of very sensitive land. He thought we need to look at a lot of things, and the critical issue is that this is a project that needs the citizens to be alerted and he didn't think that has occurred. Michael Rush, 16907 Hanover Lane, was concerned there are no priorities and no parameters for success or failure against a hidden objective. He thought there was very little public debate on these objectives. He has not seen any indication of what the policies and objectives are. He thought such a big decision deserves a big debate. He thought the range should go from building nothing to building at an extremely high density. We should be creative and try to serve as many of the objectives as possible. CITY COUNCIL MINUTES July 1, 1997 Page 10 Butcher-Younghans noted this is a beginning discussion about a plan, and this is the first time the Council has seen it. She liked a lot of what she saw. She liked the fact that it keeps the land forms as she believes that section is very important historically and culturally. She thought we need to be very careful about what areas we save. The area has many burial mounds, and we need to preserve the bluff crests. We also need to keep the land configurations such as Miller Springs and Spring Road. She would like to see the historic sites mapped out and placed on top of this map. She thought we should ask any developers to do a Phase 1 archaeological survey on any land that is to be developed, so that we really understand what kind of cultural impact we might have on that area. Tyra-Lukens thought it would be very helpful to see an overlay of the historical sites. It would also be nice to see the tree masses laid out. Enger said the joint workshop meeting with the Planning Commission occurred as a culmination of a number of difficult land use reviews. The Commission had some difficulty during that time with controversial projects. They asked for clarification and direction for the rest of the development of large areas in the City. He said public debate has been part of the regular activities. The recommendations do not include any changes to the Comprehensive Guide Plan. It calls for low density residential development with parks and open spaces. This is a continuation of the planning and development of Eden Prairie. We have discussed these as goals and direction to give staff, developers and property owners as to the strategy for implementing the Comprehensive Guide Plan. Enger said the charts shown are meant to help visualize the different type of housing and are not plans, master plans or concept plans. He noted this is not the end of the process, nor is it the beginning. Harris thought the interpretation of this is as a general conceptual framework to show what might happen in the southwest section that is now available for development. She thought this brings us back to whether those six basic goals are to be validated. She could not think of six better goals, and she would urge the Council to give staff direction to pursue the range of options. Case could see us adopting the goals as a skeletal framework within which projects will come in and be reviewed. He saw this as an opening in the process, subject to review as we go along. He didn't know how to pull in the community before there is a specific project. CITY COUNCIL MINUTES July 1, 1997 Page 11 MOTION: Case moved, seconded by Butcher-Younghans, to direct Staff to pursue the growth strategy for southwest Eden Prairie by adopting Scenario 1 and 2 as a target range as per the Staff report of June 20, 1997. Motion carried 4-0. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. APPROVE SALE OF CITY PROPERTY TO MINNESOTA DEPARTMENT OF TRANSPORTATION Q"DOTI FOR TH 212 RIGHT-OF-WAY Referring to the Staff Report of July 1, 1997, Dietz noted we have been in negotiations with MNDoT for the sale of these four City-owned parcels for a long time. We have agreed to the numbers for all four sites, but there are some timing issues yet to be resolved on two of the parcels. MOTION: Butcher-Younghans moved, seconded by Case, to adopt Resolution 97-129 Authorizing Sale of Well No. 1 and a portion of the former Police Station site to the Minnesota Department of Transportation for right-of-way purposes to construct Highway 212. Motion carried 4-0. F. REPORT OF CITY ATTORNEY Presented in Closed Session following adjournment. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Mayor Harris adjourned the meeting to a Closed Session with the City Attorney at 9:15 p.m.