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City Council - 11/03/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 3, 1998 8:00 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, 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 Roger Pauly, and Council Recorder Jan Nelson ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 8:00 PM. All members were present. PLEDGE OF ALLEGIANCE PRESENTATION OF CERTIFICATE OF APPRECIATION FOR CRIME PREVENTION FROM SENATOR GRAMS' OFFICE A representative from Senator Grams' office presented a certificate of appreciation for crime prevention to Police Chief Clark, Lieutenant Carlson and Molly Koivumaki. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added item XI.A.1. Letter from resident regarding Sunshine Drive. Enger added item IV.H. SET SPECIAL CITY COUNCIL MEETING ON STRATEGIC PLANNING FOR NOVEMBER 10, 1998, 5:00 TO 9:00 P.M. Harris added items XI.A.2. Workshops on Telecommunications and XI.A.3. Workshop on TDM. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES November 3, 1998 Page 2 U. OPEN PODIUM Roger Sandvick, 14280 Stratford Road, said he has brought the issue of the Midwest Asphalt Plant to the Council before. The issue now is the high level of rubble protruding above the berm and the telephone pole. He said there are bulldozers and trucks on top of the rubble on a daily basis from 7:00 AM until dusk. When the vehicles are put in reverse, they have a beeping signal that is very annoying. Harris said she has spoken with Staff about this and they are researching possible remedies. Sandvick said he was also concerned about the security fence at the office-warehouse building behind his property. The fence came down during a summer storm and has not been repaired. Harris asked Staff to look into the matter. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 20, 1998 MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, October 20, 1998. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 1998 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council Meeting held Tuesday, October 20, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 98-195 APPROVING EASEMENT APPRAISALS FOR PIONEER TRAIL UTILITY IWROVEMENTS C. AUTHORIZE IMPLEMENTATION OF WINTER USE PERMIT OF THE LRT TRAIL D. ADOPT RESOLUTION 98-196 APPROVING WASTE DELIVERY AGREEMENT WITH HENNEPIN COUNTY E. ADOPT RESOLUTION 98-197 APPROVING FINAL PLAT OF SHERMAN DRIVE TOWNHOMES F. ADOPT RESOLUTION 98-198 APPROVING FINAL PLAT OF CARDINAL RIDGE THIRD ADDITION CITY COUNCIL MINUTES November 3, 1998 Page 3 G. ADOPT RESOLUTION 98-199 APPROVING FINAL PLAT OF REALIFE VALLEY VIEW COOPERATIVE OF EDEN PRAIRM ADDITION H. SET TUESDAY, NOVEMBER 10, 1998, 5:00 - 9:00 PM, FOR SPECIAL CITY COUNCIL MEETING ON STRATEGIC PLANNING MOTION: Case moved, seconded by Thorfinnson, to approve items A-H on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. HILTON GARDENS by Dakota Hospitality Company. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Regional Commercial on 4.83 acres, Rezoning from Rural and Neighborhood Commercial to Commercial Regional Service on 4.83 acres, Site Plan Review on 4.83 acres and Preliminary Plat of 4.83 acres into one lot. Location: Shady Oak Road and Highway 62. (Resolution 98-200 for Guide Plan Change, Ordinance for Zoning District Change and Resolution 98-201 for Preliminary Plat) Enger said the official notice of the Public Hearing was published on October 22, 1998, in the Eden Prairie News and was mailed to nine property owners. Kelly Wold-Herzog, Dakota Development Company, reviewed the proposal to build a 98-room hotel, noting that the project requires a Comprehensive Guide Plan change as well as a change to the zoning. Enger said the Planning Commission first reviewed the project on October 12, 1998, and continued the hearing with direction to move the building to the east to save more trees and add more landscaping. A parking setback waiver from 35 feet to 17.5 feet along Shady Oak Road is required in order to save trees. The Commission again reviewed the project at the October 26, 1998 meeting and voted 7-0 to recommend approval, subject to the recommendations of the Staff Report of October 23, 1998. Lambert said the Parks, Recreation& Natural Resources Commission reviewed the proposal at their October 19, 1998 meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of October 15, 1998. He said the project as revised will have a 5% loss of significant trees. Gene Peterson, one of the owners of the adjoining day care and Super America businesses, said they have no objections to this use of the property. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 98-200 for Comprehensive Guide Plan Change from Neighborhood Commercial to Regional Commercial on 4.83 acres; to CITY COUNCIL M[ViMS November 3, 1998 Page 4 approve 1st Reading of the Ordinance for Zoning District Change from Rural and Neighborhood Commercial to Commercial Regional Service on 4.83 acres; to adopt Resolution 98-201 for Preliminary Plat of 4.83 acres into one lot; to direct staff to prepare a Development Agreement incorporating Commission and Staff recommendations; and to direct staff to issue a grading and foundation permit, subject to review and approval of a final grading plan by the City Engineer and footing plans by the Inspections Department at the Proponent's risk. Case was concerned that the recommendation in the supplemental Staff Report of October 15, 1998, regarding a scenic conservation easement might be overlooked if it is not specified as a Council condition in the motion. AMENDMENT TO THE MOTION: Case moved, seconded by Thorfinnson, to add as a Council condition that a scenic conservation easement be placed over the area above the retaining wall on the west side of the building. Motion carried 5-0. Tyra-Lukens thought this is a great project. She supports the zoning change because of less traffic and fewer trees lost. VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. B. VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER LOTS 5 AND 6. BLOCK 1. BEARPATH THIRD ADDITION (RESOLUTION 98- 202) Enger said the official notice of this Public Hearing was published on October 22, 1998, in the Eden Prairie News, and was mailed to nine property owners. Dietz said this is a housekeeping item to delete an easement along a common lot line in the Bearpath 3rd Addition. There were no comments from the audience. MOTION: Case moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution 98-202 vacating the drainage and utility easements over Lots 5 and 6, Block 1, Bearpath Third Addition. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a Roll Call vote with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "Aye." VII. ORDINANCES AND RESOLUTIONS CITY COUNCIL M[NUTES November 3, 1998 Page 5 VIII. PETITIONS, REQUESTS AND COMM1MCATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COM IkUSSION (CouncUmember Nancy Tyra-Lukens) Tyra-Lukens said the Commission met last Thursday at the new hub and heard presentations on commuter rail. They anticipate that service will start from the new hub on January 4, 1999. They expect to pull most of the people out of the shopping center parking area after some traffic issues are resolved. Southwest Metro would like to get involved in TDM planning with new businesses right from the start. Harris asked when the Open House will be held. Tyra-Lukens had not heard a date but will keep the Council informed. Harris asked about the issue of inter-suburban commutes. Tyra-Lukens said Suburban Transit is looking at that as part of the legislative initiative. Harris thought they are still struggling with the concept that everyone commutes into Minneapolis. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Letter from resident regarding Sunshine Drive Tyra-Lukens asked what Staff has done to respond to the issue of traffic problems that was reported in a letter from one of the residents on Sunshine Drive. Dietz said they set out counters last week and have collected the raw data. They have not had time to analyze the data. They also plan to do some kind of survey to see what other communities are doing with such things as speed bumps. Tyra-Lukens asked whether speed bumps are very effective because of having to be high enough to slow down traffic but also low enough for snow plows. Dietz said we haven't put any in, but we intend to research the issue. 2. Workshops on Telecommunications Harris thought it might be useful to have all of the Councilmembers receive information on what is happening with the Telecommunications CITY COUNCIL M11iMS November 3, 1998 Page 6 Task Force. She asked Staff to schedule at least two sessions--one basic session and another to see what is happening in our immediate area. Case thought the workshops were a great idea. He thought a third issue might be to discuss alternatives that are out there since there are a lot of choices to be made. Enger will look at the calendar and suggest dates for the workshops. 3. Workshop on TDM Harris thought the other partners in TDM, in addition to businesses, are our own residents. She thought we should have some discussion about how we develop an educational program with the citizens on traffic issues. She asked whether we need a survey, and how we can make a partnership with our residents. We need to encourage residents to use more local transit and to do more car pooling. She thought the subject could be covered in a mini-workshop. Enger thought that would tie nicely into the work the Council and Staff are doing in the strategic planning workshops. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:35 PM.