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City Council - 10/20/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 20,998 7:30 P.M., 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; Parks & Recreation Services Director Bob Lambert; Public Works Services Director Eugene Dietz; Community Development and Financial Services Director Don Uram; Management Services Director Natalie Swaggert; City Attorney Rick Rosow; City Engineer Al Gray; and Council Recorder Dave Rix PLEDGE OF ALLEGIANCE ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:30 p.m. Parks&Recreation Services Director Lambert was absent. CERTIFICATE OF APPRECIATION PRESENTED TO LEE WENZEL 1 Mayor Harris presented Lee Wenzel with a Certificate of Appreciation in recognition of his dedicated commitment to community service and exceptional contributions to the Community Action Suburban Hennipen(CASH)Board. L APPROVAL OF AGENDA Thorfinnson added item XI.A.2, Report on 494 Corridor Commission-EDM Comments. Mayor Harris added XLA.3, Pioneer Trail Environmental Assessment. MOTION: Butcher-Younghans moved, seconded by Thorfinnson to approve the Agenda as published and amended. Motion carried 5-0. H. OPEN PODIUM HL MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 6, 1998 CITY COUNCIL MINUTES October 20, 1998 Page 2 MOTION: Tyra-Lukens moved, seconded by Case,to approve as published the Minutes of the City council Workshop held Tuesday, October 6, 1998. Motion passed 5-0. B. CITY COUNCIL,MEETING HELD TUESDAY, OCTOBER 6, 1998 MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to approve as published the Minutes of the City Council Meeting held Tuesday, October 6, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CAMP EDENWOOD by Friendship Ventures. 2nd reading of Ordinance No. 28- 98-PUD-21-98 for Planned Unit Development District Review with waivers on 12 acres and Zoning District Amendment in the Public District on 12 acres, and adopt the Resolution for Site Plan review on 12 acres, and Approval of a Developer's Agreement for Friendship Ventures. Location: 6350 Indian Chief Road. (Ordinance No.28-98-PUD-21-98 for PUD District Review and Zoning District Amendment, and Resolution No. 98-190 for Site Plan Review) C. RESOLUTION NO.98-191 APPROVING FINAL PLAT OF GUILFOIL ADDITION D. APPROVE AGREEMENT FOR COLLECTION SERVICES E. RESOLUTION NO. 98-192 AUTHORIZING EXECUTION OF SUB- GRANT AGREEMENT WITH NIINNESOTA DIVISION OF EMERGENCY MANAGEMENT MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to approve items A-E on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. ONTRACK by Liberty Property Trust. Request for Planned Unit Development concept Review on 32.05 acres,Planned Unit Development District Review on 7.2 acres,Rezoning form Rural to Office on 7.2 acres, and Site Plan Review on 7.2 acres. Location: east of Columbine Road and south of Anderson Lakes Parkway. (Resolution NO. 98-193 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) Enger told the Council the official notice of this Public Hearing was published on October 8, 1998, and mailed to 141 property owners. The Planning Commission at its September 28, 1998, meeting voted 7-0 to approve the project based on a CITY COUNCIL MINUTES October 20, 1998 Page 3 condition that a traffic signal warrants analysis to be completed for the Columbine Road and Anderson Lakes Parkway Intersection. The October 12, 1998,traffic study recommended a traffic signal, pedestrian crosswalks on all legs of the intersection, a sidewalk on the east side of Columbine Road, and a widening of Anderson Lakes Parkway between Columbine Road and Highway 212 for additional turn lanes. Staff recommended approval of the project with the requirement that the signal, sidewalks, and road improvements identified in the October 12, 1998,traffic study be paid for by the developer. John Gattuso, Liberty Property Trust, reviewed the proposal. Thorfi mson asked what the projected occupancy of the building is. Gattuso stated initially the building would have an occupancy of 300 people. The parking for the building is calculated at 5 spaces/1000 sq. ft. The total build out is 299,000 sq. ft. and final occupancy could reach 1495 people. Uram reviewed the Planning Commission's initial traffic concerns at the intersection of Columbine Road and Anderson Lakes Parkway. Butcher-Younghans asked what the timeline was for installation of the signals and road improvements at Columbine and Anderson Lakes Parkway. Dietz answered starting within the Phase I construction; at or before occupancy. Butcher- Younghans stated she had received comments from area residents requesting some type of temporary improvements during the construction phase. Dietz suggested a four-way stop done with caution because of the traffic load of Anderson Lakes Parkway. Butcher-Younghans asked staff to perform a traffic assessment to justify the temporary improvements. City Engineer Gray stated a four-way stop at the intersection would not be functional because of the heavy traffic. The necessary and planned for changes are scheduled for completion late summer of 1999,he added. Gray stated the City could try and help the contractor expedite procurement of the long lead time traffic signal parts. Tyra-Lukens suggested temporary signalization of the intersection. Dietz stated the intent of the project was to use the signals available on Flying Cloud Drive at the Vo-Tech entrance. "The impact at Columbine Drive and Anderson Lake Parkway should be fairly nominal," he stated. Thorfinnson suggested regulating the construction traffic away from the residential area. Dietz stated staff would work with the developer on early procurement of the required signal parts and the construction traffic would be restricted to the site's south entrance. Case asked staff if a right-in right-out had been considered. Gray stated the scenario is under discussion and evaluation with the State. One of the main problems is early morning "stacking" at Columbine, he stated. CITY COUNCIL,MINUTES October 20, 1998 Page 4 Mayor Harris opened the public hearing. Roxanne Johnson, 8861 Peep ODay Trail, stated her concerns about traffic, particularly during the construction of the project. She was concerned about school bus traffic and felt there should be a four-way stop sign installed at the intersection to slow the traffic down. She stated she was quite pleased that the project was coming into her neighborhood. MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to close the Public Hearing;to approve the 1 st reading of the Ordinance for PUD District Review on 7.2 acres and Rezoning from Rural to Office on 7.2 acre; adopt Resolution No. 98-193 for Planned Unit Development Concept Amendment on 32.05 acres; direct staff to prepare a Development Agreement incorporating Staff recommendation and Council conditions; direct staff to issue a grading permit, subject to review and approval of a final grading plan by the City Engineer; and restrict construction traffic to the site's south entrance and direct staff to assist in the early acquisition of signalized intersection components as discussed at this meeting. Thorfinnson asked staff why TDM measures weren't being implemented in this project. Harris stated she was in favor of incorporating TDM measures in this project. Enger stated the percentage of building square footage to acreage did not meet the City's criteria for TDM measures. But if it was the wish of the Council, the TDM measures would be instituted for the project. Thorfinnson asked staff to address the issue at the "second reading." Enger stated there would be a scalable TDM proposal presented at the "second reading." Case stated he would not be in favor of the TDM requirement being imposed on every development that comes into the City "no matter what the size." He asked staff to take that into consideration when they are developing the TDM guidelines. Enger stated TDM efforts are only effective on office or industrial projects. VOTE: Motion carried 5-0. B. OUTBACK STEAKHOUSE by Outback Steakhouse, Inc. Request for Zoning District Amendment in the C-Reg-Ser District on 2.17 acres, and Site Plan Review on 2.17 acres. Location: Plaza Drive,west of Eden Prairie Ford. (Ordinance for Zoning District Amendment) Enger stated the official notice of this Public Hearing was published on October 8, 1998, and mailed to eight property owners. The site plan shows a 6,514 sq. ft.,232-seat restaurant. The plans have been revised according to the recommendations of the Staff Report. The Planning Commission voted 6-0 for approval at its September 28, 1998, meeting. CITY COUNCIL MINUTES October 20, 1998 Page 5 Mark Kronbeck, Alliant Engineering,reviewed the plans for the project. Tyra-Lukes asked if there were plans for wetland mitigation. Uram stated there were no DNR requirements for wetland mitigation on this site. Mayor Harris opened the Public Hearing. No public comments were considered. MOTION: Thorfinnson moved, seconded by Butcher-Younghans to close the Public Hearing; approve the 1 st reading of the Ordinance for Rezoning District Amendment within the C-Reg-Ser Zoning District on 2.17 acres;direct staff to prepare a Development Agreement incorporating Staff recommendations and Council conditions. Motion carried 5-0. C. SPECIAL ASSESSMENT HEARING FOR THE APPROVAL OF THE 1998 SPECIAL ASSESSMENTS (Resolution No. 98-194) Gray stated the official notice of this hearing was published October 1, 1998,in the Eden Prairie news and mailed to all property owners affected. Gray reviewed the revised Assessment Schedule for the Council noting changes that had been made since the 1 st reading. Mayor Harris opened the Public Hearing. MOTION: Tyra-Lukens moved, Thorfinnson seconded,to close the Public Hearing; and adopt Resolution No. 98-194 approving the 1998 Special Assessments. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens 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,Tyra-Lukens, and Mayor Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS,REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. HUMAN RIGHTS &DIVERSITY COMMISSION-Appointment of one youth/student representative for term to expire March 31, 1999. CITY COUNCIL MINUTES October 20, 1998 Page 6 Sopanha Te has been a student representative of the Human Rights and Diversity Commission during the past year. Ms. Te has submitted her application for another year on the Commission. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans to approve the reappointment of Sopanha Te as a student representative of the Human Rights and Diversity Commission through March 1999. Motion carried 5-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCIL MEMBERS 1. Ron Case-NATOA Conference The National Association of Telecommunicators and Office Administrators held its annual conference on September 9-12, 1998,in San Diego, California. Case attended on behalf of the City of Eden Prairie. He reviewed his report for the Council. Highlights were stated as the 1996 Telecom Act which grants cities the right to request as part of a franchise agreement,that the cable companies build a free I-Net to government institutions within a community. The benefit of the I-Net was stated as all point to point telephone service can be moved from telephone providers to the I-Net resulting in potentially significant savings to the end user. 2. Mayor Harris -Pioneer Trail Mayor Harris asked the Council to request a Public Hearing for the Environmental Assessment Report currently being prepared for Pioneer Trail. This Public Hearing will allow the Council an opportunity to be assured that resident concerns are being fully addressed prior to taking any final action on the project. MOTION: Thorfinnson moved, seconded by Case,to prepare a written request to Hennepin County that a Public Hearing be held on the Environmental Assessment for Pioneer Trial between T.H. 212 and T.H. 169. Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Report on the City's Y2K Status CITY COUNCIL MU UTES October 20, 1998 Page 7 Uram told the Council that the City's Lotus system is totally Y2K compliant. The Water Plant has hired Black and Beech to review all of the equipment that was installed as part of the "new plant construction." No problems are anticipated. Honeywell has been hired to provide Y2K services in the older portion of the plant. They are expected to start at the end of October with completion anticipated in two months. The majority of the City's computer applications are PC based. Y2K problems are not expected with these systems. The City's street signalization systems have internal clocks that will not be affected by the Y2K problems. Case asked if the 9999 defer problem was being addressed by the companies that were consulting the City on the Y2K issue. Uram stated he could not answer the question. E. REPORTS OF PUBLIC WORKS SERVICES DIRECTOR 1. Report on the Status of Sidewalk Construction Project on Bittersweet Drive Dietz told the Council the project is complete but is less than perfect in its final inspection. The contractor and City are working together to resolve the asphalt patches that have become an issue. Staff is meeting individually with each of the affected property owners in an attempt to resolve the issue. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIIII. ADJOURNMENT MOTION: Tyra-Lukens moved to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:30 p.m.