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City Council - 05/19/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 199 1998 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 Acting Mayor Tyra-Lukens called the meeting to order at 7:30 p.m. Mayor Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item IV. O. EIGHTEEN SCREEN MOVIE THEATER. He noted there are amended resolutions relating to the Comprehensive Guide Plan action on Public Hearing items A, B and C. Jullie said item XI.B.2. should be deleted from tonight's agenda, noting that it will be considered at a future meeting. Case added item XI.A.2. Status of Underground Power Lines on County Road 4. Butcher-Younghans added item XI.A.3. Report on Program at SheRPA. Jullie said item XI.A.1. should be deleted. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1998 Butcher-Younghans said paragraph 6 on page 13 should be changed to "...she was on a Commission..." Case said sentence 4, paragraph 1, page 15 should be changed to "...to offer modem access at this time." Tyra-Lukens said the spelling in sentence 3, paragraph 4, page 15 should be "Stovring", and sentence 5 should be changed to "The caller was concerned..." CITY COUNCIL MINUTES May 19, 1998 Page 2 MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, May 5, 1998. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE ARCHITECT TO DESIGN FIRE STATION REPLACEMENT C. ADOPT RESOLUTION 98-90 APPROVING FINAL PLAT FOR OFFICE RIDGE CIRCLE D. ADOPT RESOLUTION 98-91 APPROVING FINAL PLAT FOR MAPLE ADDITION E. APPROVE NSP SERVICE CONTRACTS FOR STREET LIGHTS ON DELL ROAD F. APPROVE NSP SERVICE CONTRACT FOR STREET LIGHTS ON EDEN PRAIRIE ROAD - PIONEER TRAIL TO TERREY PINE DRIVE G. ADOPT RESOLUTION 98-92 APPROVING CONSTRUCTION AND OPERATION AGREEMENT WITH]HENNEPIN COUNTY FOR TEMPORARY TRAFFIC SIGNALS AT CSAH 39 (VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C. 97-5447 H. ADOPT RESOLUTION 98-93 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR TEMPORARY SIGNALS AT CSAH 39 (VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C. 97-5447 I. ADOPT RESOLUTION 98-94 AWARDING CONTRACT FOR INSTALLATION OF TEMPORARY TRAFFIC SIGNALS AT CSAH 39 (VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C. 97-5447 J. APPROVE REQUEST FOR EARLY GRADING PERMIT FOR SETTLERS RIDGE K. OFFICE RIDGE CIRCLE DEVELOPMENT by Oppidan Inc. 2nd Reading of the Ordinance for PUD District Review on 2.76 acres and Zoning District Amendment within the Office Zoning District on 2.76 acres and Adopt the Resolution for Site Plan Review on 2.76 acres. Location: Valley View and Office Ridge Circle (Ordinance 11-98-PUD-8-98 for PUD District Review and Zoning District Amendment and Resolution 98-95 for Site Plan Review) CITY COUNCIL MINUTES May 19, 1998 Page 3 L. 497 BFI REZONING- SPRINT TOWER by BFI/Sprint. 2nd Reading of the Ordinance for Zoning District Change from Rural to I-2 on 9.5 acres and Adopt the Resolution for Site Plan Review on 9.5 acres. Location: 9813 Flying Cloud Drive (Ordinance 14-98 for Zoning District Change and Resolution 98-96 for Site Plan Review) M. GERRING CAR WASH- REZONING by Gerring Properties. 2nd Reading of the Ordinance for PUD District Review on 3.76 acres and Rezoning from Rural to Community Commercial on 2.5 acres and Adopt the Resolution for Site Plan Review on 3.76 acres. Location: Hwy 212 and Aztec Drive (Ordinance 12-98-PUD-9-98 for PUD District Review and Rezoning and Resolution 98- 97 for Site Plan Review) N. ADOPT RESOLUTION 98-98 RELATING TO A HEALTH CARE FACILITIES REVENUE REFUNDING BOND FINANCING FOR CASTLE RIDGE CARE CENTER, INC.. CITY OF EDEN PRAIRIE, MINNESOTA (the `City"), O. EIGHTEEN SCREEN MOVIE THEATER by General Growth. 2nd Reading of Ordinance for PUD District Review on 10 acres and Zoning District Amendment in the Commercial Regional District on 10 acres and Adopt Resolution approving Site Plan Review on 10 acres and Adopt Resolution approving Developer's Agreement. (Ordinance 13-98-PUD-10-98 for PUD District Review and Zoning District Amendment, Resolution 98-89 for Site Plan Review and Resolution approving Developer's Agreement) MOTION: Case moved, seconded by Butcher-Younghans, to approve items A- O on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS A. CHARLSON PROPERTY by Lynn Charlson. Request for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/Floodplain to Low Density Residential, Medium Density Residential and Office on 440 acres. Location: South of Pioneer Trail (Resolution 98-99 for Comprehensive Guide Plan Change) Jullie said the official notice of this Public Hearing was published May 7, 1998 in the Eden Prairie News and mailed to 227 property owners. He said there is one set of plans which includes the Charlson, Brown and Standal proposals. This project is a change in land use to provide compatible land uses next to existing single family homes west of Eden Prairie Road and adjacent to the airport. The land use plan shows church and low density residential adjacent to Eden Prairie Road. Office is proposed adjacent to the airport. CITY COUNCIL MINUTES May 19, 1998 Page 4 The March 1998 traffic study by Benshoff and Associates indicates that a total of 10,946 daily trips can be allocated to the Charlson, Standal and Brown properties without requiring road improvements outside of the properties. Since the proposed land use plan is a mixture of land uses, the type and intensity of development related to traffic should be based on daily trips per acre. After subtracting out the church (450 daily trips), the airport, and open space, the net 276.8 acres can share 10,496 trips or 37.91 trips per acre. The 241 acres of the Charlson property would be allocated 9,138.5 daily trips. John Uban, Planning Consultant, reviewed the proposal for approximately 500 acres and the proposed uses for the three properties. Enger said the Planning Commission voted 7-0 to recommend approval at their April 27, 1998 meeting, subject to the recommendations of the Staff Report of April 24. Lambert said the Parks Commission voted 6-0 to recommend approval at their May 5, 1998 meeting, subject to the recommendations of the Staff Report. He said they recommended that the public open space designation be crosshatched on the salmon-colored areas of the guide plan and that there be a road connection between Spring Road and Eden Prairie Road with a right-in and right-out connection with Highway 212 and Eden Prairie Road. Tyra-Lukens said the baseline trip figures for the traffic studies have several different scenarios and, since the approval tonight is for conceptual approval, will we run into any kind of problem regarding density surplus issues? Enger said we will have to deal with that as we go. Tyra-Lukens then asked if we will deal with specific developments on the site. Enger said we will. Dean Edstrom, 10133 Eden Prairie Road, was concerned that they were not contacted by either the City or the developer regarding the proposed road connection. He said it looks like the alignment shown is totally impossible. He thought the Council might be taking action precipitously with these kinds of issues outstanding. Case asked Dietz if the intent of putting the road on this schematic is to clear up a dangerous situation at Highway 212 and Eden Prairie Road and not to help the connections on this property. Dietz said we are talking about limiting access to Eden Prairie Road and give a transportation pattern between Eden Prairie Road and Spring Road. Gray said the connecting road will help them maintain the function of Eden Prairie Road as a neighborhood collector. If we could disconnect the Eden Prairie Road and Hwy 212 intersection in the future we could eliminate its use as an alternative to Spring Road. CITY COUNCIL MINUTES May 19, 1998 Page 5 Case asked if they could rule out that the connector should not be made through the Charlson property only. Gray said there appear to be some feasible arguments for that but we need to put the connection into the design so there is a commitment on the part of the developer. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; to adopt the amended Resolution for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/Floodplain to Low Density Residential, Medium Density Residential and Office on 440 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. B. BROWN PROPERTY by David Brown. Request for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/ Floodplain to Medium Density Residential and Office on 11.4 acres. Location: South of Pioneer Trail, east of Eden Prairie Road and north of Highway 169/212. (Resolution 98-100 for Comprehensive Guide Plan Change) Enger said the Planning Commission voted 7-0 to recommend approval at their April 27, 1998 meeting, subject to the recommendations of the Staff Report of April 24. Lambert said the Parks Commission voted 6-0 to recommend approval at their May 5, 1998 meeting, subject to the recommendations of the Staff Report. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt the amended Resolution 98-100 for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/Floodplain to Medium Density Residential and Office on 11.4 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. STANDAL PROPERTY by Carol and John Standal. Request for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/Floodplain to Medium Density Residential and Office on 24.4 acres. Location: South of Pioneer Trail, east of Eden Prairie Road and north of Highway 169/212. (Resolution 98-101 for Comprehensive Guide Plan Change) Enger said the Planning Commission voted 7-0 to recommend approval at their April27, 1998 meeting, subject to the recommendations of the Staff Report of April 24. Lambert said the Parks Commission voted 6-0 to recommend approval at their May 5, 1998 meeting, subject to the recommendations of the Staff Report. CITY COUNCIL MINUTES May 19, 1998 Page 6 MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to adopt the amended Resolution for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space/Park/Floodplain to Medium Density Residential and Office on 24.4 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. D. HTG BUILDING by James R. Grover. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on .86 acres, Rezoning from Rural to Office on .86 acres, Site Plan Review on .86 acres and Preliminary Plat of .86 acres into one lot. Location: 9300 and 9310 Hennepin Town Road. (Resolution 98-102 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution 98-103 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on May 5, 1998 in the Eden Prairie News and mailed to 26 property owners. The proposal is for construction of a single-story, 4,200 square foot office building on 0.86 acres. The project will require a change to the guide plan from Low Density Residential to Office. Plan revisions have taken place to shift the building and parking to the east, and to add large conifers on the back side of the site based on the staff report and Planning Commission recommendations. Jim Grover, architect, reviewed the proposal. He said they have met with neighbors and with staff to present the proposal. Case asked if there is any provision for the neighbors to work with the developer as the project goes along to help mitigate the effects on the neighborhood. Grover said they worked with the neighbors to double the number of evergreens in the area on the west side of the property to provide better screening. Enger said the Planning Commission voted unanimously to approve the project at its April 27, 1998 meeting based on an easterly shift of the building and parking, and additional larger conifers. He said the shift in parking to a 17.5 foot setback from Hennepin Town Road will require a variance from the Board of Adjustments and Appeals at its June 11, 1998 meeting. The Parks, Recreation&Natural Resources Commission did not review this project. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to Office on .86 acres; to adopt the Resolution 98-102 for Comprehensive Guide Plan Change from Low Density Residential to Office on .86 acres; to adopt the Resolution 98-103 for Preliminary Plat into one lot; and to direct Staff CITY COUNCIL MINUTES May 19, 1998 Page 7 to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. E. FULLER ROAD BUSINESS CENTER by Mount Properties. Request for Planned Unit Development Concept Review on 7.02 acres, Planned Unit Development District Review on 7.02 acres, Rezoning from I-General to I-2 Industrial on 7.02 acres and Site Plan Review on 7.02 acres. Location: 7905 Fuller Road. (Resolution 98-88 for PUD Concept Review, Ordinance for PUD District Review and Rezoning) Jullie said the official notice of this Public Hearing was published May 5, 1998 in the Eden Prairie News and mailed to 18 property owners. This is a 74,000 square foot industrial building which meets City requirements. Bob Soffelt, representing Mount Properties, reviewed the project. Enger said the Planning Commission voted 7-0 to recommend approval of the project at its April 27, 1998 meeting, subject to the recommendations of the Staff report of April 24. Lambert said the Parks, Recreation&Natural Resources Commission voted 6-0 to approve the project at its May 5, 1998 meeting, subject to the recommenda- tions of the Staff Reports of April 24 and April 28. He noted that some of the Commissioners would prefer to replace the cottonwood trees with a similar type tree. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; to adopt the Resolution 98-88 for PUD Concept Review on 7.02 acres; to approve 1st Reading of the Ordinance for PUD District Review on 7.02 acres and Rezoning from I-General to I-2 Industrial on 7.02 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. VI. PAYMENT OF CLAIMS Case asked about the licenses and taxes item for the Douglas/More house. He was concerned that the taxes were more than$91,000 according to that item. Julie thought that was just one of several parcels included in that line item; however, he will verify that and get back to Councilmember Case. MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES May 19, 1998 Page 8 VIL ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION- Budffet Outline for Surcharge Monies Dietz reviewed the recommendations of the Environmental &Waste Management Commission for spending the $50,000 portion of the surcharge monies that will be set aside for educational purposes. He said the grants and scholarships would have to come back to the Council for specific approval to be sure they meet the letter of the law. Case asked if we will spend this only if the $50,000 is available. Dietz said the budget is based on last year's revenue. Thorfinnson asked if they will be included in the General Fund budget. Dietz said it will be a line item in the utilities section. MOTION: Case moved, seconded by Butcher-Younghans, to approve the budget proposed by the Environmental &Waste Management Commission for the $50,000 set aside for environmental programs as per the Staff Agenda Report of May 19, 1998, subject to review of the scholarships and grants by the City Attorney and the City Council. Motion carried 4-0. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Appointment of Budget Team Members (Item deleted.) 2. Status of Underground Power Lines on County Road 4 Case asked about the status of putting the power lines on County Road 4 underground. Dietz said we have a contract with NSP to do that. He noted there will be a lot of moving and temporary power lines put in place before they do that. Dietz said they have solicited the opinion of various residents whether they would like to put their service underground but there were no takers. CITY COUNCIL MINUTES May 19, 1998 Page 9 3. Report on SheRPA Butcher-Younghans said there have been some changes recently in the SheRPA organization. They have taken a new name, Familink. The Eden Prairie Community Resource Center will be called Familink, Eden Prairie. This will help eliminate confusion because of the name. She said the Eden Prairie's Familink Coordinator, Nancy Holden, has increased her hours in order to handle the Welfare-to-Work initiatives. They received a State grant for funding of the additional hours. B. REPORT OF CITY MANAGER 1. Approve Revised List of Council Workshops Jullie said the workshops without subjects listed are just to reserve the time slots and could be eliminated if they are not needed. He noted that the July Budget workshop was moved to August 18. Thorfinnson noted we also moved the 2001 update to June 16. 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 XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 8:20 p.m.