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City Council - 08/04/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 4, 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 Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, 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. Tyra-Lukens said Mayor Harris was absent in order to attend a Wednesday morning meeting at the White House. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added item XI.A.1. Update on I-494 Corridor Commission. Enger said item IV.E. should be deleted from the Consent Calendar. MOTION: Case moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM John Mallo, 16000 Forest Hills Road, said after the last Council meeting when he asked that their petition about Forest Hills be withdrawn he checked with Alan Gray in Engineering. Gray told him no work has been done on the project. Mallo said the path in the Wynstone project was not made part of the public discussion at the Public Hearing. He thought another meeting should be held to discuss the path. The Council voted a month ago to change the zoning for the Wynstone Development, but tonight there is a project requiring rezoning where the land is currently zoned for the type of housing that was considered a compelling reason to change the zoning for the Wynstone Development. CITY COUNCIL AGENDA August 4, 1998 Page 2 Mallo said he had expected the Wynstone Project to be scheduled for 2nd Reading on tonight's Agenda and was hoping the Council would reconsider the original decision to approve the Wynstone Project; however, he noted it is not on tonight's Consent.Calendar. Enger said it is scheduled to be on the Agenda for the second meeting of August. Case said he did not watch the tape of the Public Hearing on the Wynstone Development, but he remembers the Council directing that the walking/biking path should connect into Baker Road to the north of the development and that the internal path system should be put on the inside of the project rather than around the outside. Enger said there was a discussion of the path issue after Bob Lambert gave his report with the recommendations the Parks Commission had for the path system. They recommended that the path connect directly from Forest Hills Road across the north lot line. Mallo stated the issue was that there should have been a discussion about the paths during the Public Hearing. Tyra-Lukens recalled there was a great deal of discussion about the path during the public hearing process. Thorfinnson noted the vote was contingent on Staff, Commission and Council conditions. Tyra-Lukens asked Staff to look back through the Minutes to make sure the input from the public was included in the recommendation. Enger said there was extensive input from the public on the issues. He could understand Mr. Mallo's concern that there was no back and forth discussion, but neighborhood input was used to alter the project to address their concerns. Mallo said the first time the public saw the proposed path was the night the project was scheduled on the Council Agenda. Tyra-Lukens noted that sometimes changes do occur at the Council level, and she received several letters and phone calls about the project prior to the meeting. Thorfinnson said we talked about the path in further discussions as we were closing the Public Hearing, and there was a discussion among the Councilmembers after the Public Hearing was closed. The direction regarding the path was based on the recommendations of the Parks and Recreation Department. CITY COUNCIL AGENDA August 4, 1998 Page 3 M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 21, 1998 MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council meeting held Tuesday, July 21, 1998. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SETTLERS RIDGE 1998 by Settlers Ridge Limited Partnership. 2nd Reading of Ordinance 7-98-PUD-14-98 for Planned Unit Development District Review on 112 acres and Rezoning from Rural to RM-6.5, R1-9.5 and R1-13.5 on 112 acres and Adopt Resolution 98-132 for Site Plan Review on 11.77 acres. Location: South of Pioneer Trail and west of Riley Creek (Ordinance 7-98-PUD-14-98 for PUD District Review and Rezoning and Resolution 98-132 for Site Plan Review) C. RESOLUTION 98-133 APPROVING FINAL PLAT FOR SETTLERS RIDGE D. RESOLUTION 98-134 APPROVING DECLARATION OF COVENANTS FOR EDENVALE/PURGATORY CREEK TOWNHOMES E. RESOLUTION AWARDING CONTRACT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION, I.C. 93-5304 (Item deleted) F. RESOLUTION 98-135 APPROVING COOPERATIVE CONSTRUCTION WITH MN/DOT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION, I.C. 93-5304 G. RESOLUTION 98-136 RECEIVING PETITION AND ORDERING FEASIBILITY STUDY FOR STREET IMPROVEMENTS IN THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 H. APPROVE LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR COMMUNICATIONS FACILITIES AT THE BAKER ROAD WATER RESERVOIR SITE I. APPROVE SPECIAL ASSESSMENT FOR SANITARY SEWER CONNECTION AT 16501 PIONEER TRAIL, I.C. 98-5469 CITY COUNCIL AGENDA August 4, 1998 Page 4 J. APPROVE PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES FOR EDEN CROSSING FRONTAGE ROADS BY TKDA K. RESOLUTION 98-137 AMENDING RESOLUTION 98-4, AUTHORIZING USE OF FACSEM ME SIGNATURES BY PUBLIC OFFICIALS L. APPROVE GRADING PERMIT FOR LIBERTY PROPERTY LIMITED PARTNERSHIP MOTION: Case moved, seconded by Thorfinnson, to approve items A-D and F-L on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS A. VALLEY VIEW BUSINESS CENTRE by CSM Corporation. Request for Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 2 acres, from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres, Planned Unit Development Concept Review on 27.2 acres, Planned Unit Development District Review on 27.2 acres, Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to I-2 Industrial on 7.26 acres and Site Plan Review on 27.2 acres. Location: Valley View Road and Prairie Center Drive. (Resolution 98-138 for Comprehensive Guide Plan Change, Resolution 98-139 for PUD Concept Review, and Ordinance for PUD District Review and Rezoning) Enger said the official notice of this Public Hearing was published on July 23, 1998, in the Eden Prairie News and mailed to 103 property owners. The approved plan is an 80-unit apartment building, 37 multi-family units (townhouses), and 104,000 s.f. of commercial. Dave Carland, Vice President of Development for CSM, and Mike LaFleur, representing Home Depot, reviewed the project. Gary Tushie, project architect, reviewed the plans and elevations. He said their plans incorporate the concerns raised at the neighborhood meeting they held. They added additional screening along the west and north property lines, including additional evergreen trees and a six-foot high fence at the rear of the building where the loading docks are located. He said all of the drainage will be contained in the storm sewers and the NURP pond so that there will be no drainage to the west side of the site. They plan to deed the outlot to the City so that it will remain as parkland in the future, and they will seed the outlot as part of the development process. CITY COUNCIL AGENDA August 4, 1998 Page 5 Enger said the proposed Guide Plan change eliminates the apartment and multi-family housing and increases the amount of regional commercial by 9,718 square feet. He reviewed the reasons for considering the Guide Plan change, stating that, compared to the previously-approved plan, this project will create less traffic, will provide more natural vegetation as a buffer to the residential areas to the north, will minimize the tree loss, will provide greater building setbacks to the residential areas to the north and west, and will provide a transition to the residential areas to the west. Enger said waivers will be required to increase the allowable permanent outdoor sales and display area from 6 to 16% and to increase the office use from 50% to 75%. He said the Planning Commission voted 6-0 to recommend approval of the project at their July 13, 1998 meeting, subject to the recommendations of the Staff Report of July 10. The Parks, Recreation and Natural Resources Commission recommended approval on a 6-0 vote at their July 20, 1998 meeting, subject to the recommendations of the Staff Reports of July 10 and July 15. Butcher-Younghans was concerned about the impact of additional traffic from this project since County Road 5 and Prairie Center Drive are under construction until the year 2000. Dietz said the construction on Hwy 5 will continue through 2000, but the project underway on that road now will be done by the end of the construction season next year. A resident living on Vina Lane thought jobs are very difficult to fill in Eden Prairie, and this project will take jobs from other parts of the community and will therefore be detrimental to business in the city. John Mallo, 14000 Forest Hills Road, said the Council told the public a month ago how much senior citizen housing was needed in Eden Prairie. This project is changing the zoning from what could be senior housing to industrial. It would be ideal for senior housing because it is on a bus line and next to a shopping center. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 98-138 for Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 2 acres, from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres; to adopt Resolution 98-139 for PUD Concept Review on 27.2 acres; to approve 1st Reading of the Ordinance for PUD District Review on 27.2 acres and Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to I-2 Industrial on 7.26 acres; and to direct Staff to CITY COUNCIL AGENDA August 4, 1998 Page 6 prepare a Development Agreement incorporating Commission and Staff recommendations. Case said Councilmembers are not developers and do not seek particular projects for particular parcels of land. He said this is a vastly different project than was done at Wynstone, and the new proposal reflects the philosophical intent of the original Guide Plan designation. Seven acres of open space is a better transition for him than medium density residential. The stress on the City's infrastructure is less, and he thought this is a very good tweak to the Guide Plan. Butcher-Younghans said, as always when addressing a potential change in the Comprehensive Guide Plan, we look at how such a change might benefit the City as a whole. In this case there are several aspects that make it compelling. With this project we gain the seven acres of open space, keep the trees and the hill and have half the traffic compared to the former proposal for this parcel. We would also benefit from the commercial and office tax base. She thought this is a very useful business, and, even though we have a shortage of workers at this moment, that may not always be the case. Thorfinnson thought a full-time position at Home Depot is much different than a part-time job at MacDonalds. He thought the discussion about compelling reasons to change the Guide Plan is a very dangerous subject, and we have to be careful to analyze each proposal based on its own merits. In this case he thought trade-offs such as the greater building setbacks from the residential areas, the trees and vegetation buffers, and the hill are much greater than what we would gain from senior housing. . While the traffic will be an issue, we will have to deal with that quite often through the next two to three years. He thought the significant impact of the traffic will be for a relatively short period of time. He thought the benefits we receive from this plan versus the previous plan are compelling reasons to change. Tyra-Lukens agreed with most of the comments and thought there are some compelling reasons for the Guide Plan change. She thought this is a good plan; however, she did have some questions regarding the age of the tree plantings shown on the project elevations. Tushie said only one of the elevations showed the trees as they would be today, while the rest were depicted as they would be after several years of growth. Tyra-Lukens then asked about the request for variance on sign size. Tushie said they have reduced the size so no variance is required. Tyra-Lukens noted we have gone to a lot of effort to coordinate the way the market center area will look, and she thought this design still uses a lot of CITY COUNCIL AGENDA August 4, 1998 Page 7 the Home Depot orange color. She asked if there is anything else that can be done to better fit the building with the market center concept. Tushie thought we could work with Staff on that, but he thought it will blend better because they used a darker color on the building. Enger noted there appear to be three orange canopies, two of which are more minor and do not add anything. It seems as if the image at the main entrance enhances the Home Depot image, and he thought there would be no difference in changing the two minor canopies to match the building in order to downplay the orange color. Case thought we have a precedent in the past with the requirements for the red trim on the Boston Market restaurant. He thought we should be consistent with what we have permitted in the past. He would like to refer this to Staff. Butcher-Younghans thought we can achieve what we want to do with Mr. Enger's suggestion to make the two canopies the buff color represented on the rest of the building. Gene LaFleur said he has not seen any color other than orange for the canopies on their buildings. They like to distinguish each of the three entry points and would prefer to keep the orange color, but perhaps tone it down. He agreed to check to see if there is another color that is acceptable. Tyra-Lukens asked if her understanding was correct that with the variances requested for the outdoor displays, there will not be sidewalk displays. LaFleur said that is correct. AMENDMENT TO THE MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to add the condition that proponent work with Staff to resolve the issue of the orange-colored canopies. Motion carried 4-0. VOTE ON THE MOTION AS AMENDED: Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, 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." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA August 4, 1998 Page 8 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said they have not had a meeting recently. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Update on I-494 Corridor Commission Thorfinnson said the first newsletter for the I-494 Corridor Commission went out to all employers in the corridor that have 500 or more employees, or around 1500 businesses. It was also sent to local elected officials. It will be published on a quarterly basis from now on. He said they have asked businesses to share stories on how traffic is affecting them, but they also want to build a coalition of businesses that will help us when the Commission goes to the state and federal legislatures to ask for additional money. He believes the upgrading is absolutely critical to the businesses in this area. B. REPORT OF CITY MANAGER 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: Case moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 8:30 PM.