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City Council - 02/02/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 2, 1999 7:00 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 Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow, City Planner Mike Franzen, City Engineer Al Gray, and Council Recorder Barbara Anderson I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. COUNCIL FORUM A. MARY KEATING OF THE HOPE PROGRAM- STATUS REPORT Mary Keating, coordinator of the HOPE Program, explained how the program matches single-parent families with volunteer families to provide support and encouragement. She reviewed the statistics of the program and explained how it has been successful in helping the participants. She noted a special effort is being made to reach the increased number of families from Somalia and Russia. Keating introduced Wendy Lock, and her son Colton, who have been in the HOPE Program since 1996, and were matched with sponsors Linda and Tom Carlson. Harris commented this was a wonderful program of which she was extremely proud as it was a win-win situation for everyone involved. Harris noted the City Council was continuing to work on ways to encourage access for the residents to visit with the City Council members on an informal basis, and the Council Forum was one way of providing access to the Council for the City's residents. III. PLEDGE OF ALLEGIANCE CITY COUNCIL MINUTES February 2, 1999 Page 2 IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Dietz requested Item VI.C. Awarding Contract for Construction of Watermain in Wallace Road and Technology Drive be moved from the Consent Agenda to Report of Public Works Services Director as Item XIII.E.1. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the Agenda as amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JANUARY 19,, 1999 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the January 19, 1999 Workshop as submitted. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 19, 1999 MOTION: Case moved, seconded by Thorfinnson, to approve the Minutes of the Regular City Council meeting held on January 19, 1999 as submitted. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER NO. 1 FOR BAKER ROAD RESERVOIR C. RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAIN IN WALLACE ROAD AND TECHNOLOGY DRIVE (Moved to Item XIII.E.1) D. RESOLUTION 99-19 APPROVING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES E. RESOLUTION 99-20 AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT TO ENABLE DISTRIBUTION OF ONE AUTOMATED EXTERNAL DEFIBRILLATOR TO POLICE DEPARTMENT F. SET THE DATE AND TIME FOR THE 1999 BOARD OF REVIEW MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve Items A-F, with the exception of Item C of the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES February 2, 1999 Page 3 VH. PUBLIC HEARINGSIMEETINGS A. EDEN ORCHARD By Orrin Thompson Homes. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 39.26 acres, Planned Unit Development Concept Review on 158.4 acres, Planned Unit Development District Review with waivers on 158.4 acres, Rezoning from Rural to RI-9.5 on 42.08 acres, Rezoning from Rural to R1-13.5 on 77.07 acres, Rezoning from Rural to RM-6.5 on 39.26 acres, Site Plan Review on 39.26 acres, EAW Review and Preliminary Plat on 158.4 acres into 433 lots and 10 outlots. Location: Pioneer Trail and Dell Road. (Ordinance for Zoning District Change, Resolution for Guide Plan Change, Resolution for PUD Concept, and Resolution for Preliminary Plat) Lee Johnson, Orrin Thompson Homes, introduced Len Tauer from Pioneer Engineering. Johnson reviewed the project for the Orchard development, noting they are proposing a project with a diversity of housing types and a variety of styles. He showed illustrations of the types of homes they are proposing, noting there will be a base price of $120,000 for the townhomes. The single family homes will be built from 12 different models and will have different facades which will give homeowners about a hundred different choices for their homes. These will average about 1,200 square feet in area with a price range of $180,000 to $250,000 depending on the home. The twin homes are upscale, single-level type homes which range in size from 1,600 to 2,000 square feet and will be approximately$235,000 per unit. Their Royal Series homes will range from 2,200 to 4,200 square feet in size, and have an average price of about$300,000. Johnson reviewed the project summary, and discussed access to the development and the traffic circulation pattern. He described the buffering from roadways and adjacent uses. He discussed the southeastern portion of the site and explained the slope does not meet the criteria for a "bluff" and they have decided to put homes on the inside edge to protect the creek area. He discussed the tree loss on the site and described the areas where the different types of homes would be located. Johnson reviewed the drainage plan and the NURP ponds and described the buffering they propose to install between the homes on the southern portion of the site and the adjacent Big Woods park area. They feel the landscape materials which will be planted in this buffer zone should be 4-6-8 feet in height to help protect the parkland. Johnson discussed the wetland alterations and the mitigation which will be done on the site. They are requesting the Guide Plan changes because they are meeting the City's goals of mixing housing types and the addition of affordable housing units in the project. They are also dedicating 10 acres of land along the creek corridor to the City which does not offset any of the park dedication fees. They also will place a conservation easement over a 3.2 acre wooded parcel to preserve this area. A parking lot will be created to give residents access to the adjacent parkland. He CITY COUNCIL MINUTES February 2, 1999 Page 4 noted the project was only 32 units more than what could be built on the land without a Guide Plan change. He discussed the traffic flow on the site and noted that the residents and the Planning Commission felt there should be no connection between this development and the Cedarcrest neighborhood. City Engineer Al Gray noted there were steep grades to the north which might preclude any connection being made from that direction. Discussion ensued regarding how the roadways could be connected. Johnson discussed the tree loss which will be variable depending on the type of house that is built and they believe the figures projected by City staff are acceptable. He showed aerial photos which illustrated the woods have been there quite a long time, but noted these were not comparable to the Big Woods area. They were required to complete an Environmental Assessment Worksheet for this project which determined there were significant problems on the land without any changes being made to the site. He requested the City Council to approve the project. Uram reviewed the staff report and noted the Planning Commission had continued the project to address issues which were subsequently resolved at the January 25, 1999 meeting. The project was approved with a Planning Commission recommendation against making the roadway connection to the Cedarcrest neighborhood. Staff is recommending the connection be made to facilitate emergency vehicle access, a utility connection, and extension of trails and sidewalks. Lambert stated the Parks, Recreation, and Natural Resources Commission reviewed this project and recommended approval on a 6-0 vote subject to the stipulations in the Staff report. The Commission felt the trail connection should be made to the Cedarcrest neighborhood even if the roadway was not connected. The Commission expressed strong concern regarding encroachment into the City parkland by adjacent homeowners, which can cause serious problems when this happens to an old growth forest. However, this issue was never resolved. Dietz stated the roadway connections should be made as 95% of Eden Prairie residents would not use this connection even if it is made. It is important for emergency vehicles to have access as well as school bus drivers and it would provide access to residents without forcing them to go out onto Pioneer Trail. It will also create more service opportunities for people that need to have access. Tyra-Lukens asked about the 8' trail located along Dell Road and Johnson illustrated its location on the plans. Harris asked about the extension of utilities through the roadway and if it was possible to do it in another way. Gray responded by explaining that if they were to be brought in from the north it would be a long dead-end system which does not work well and a loop system would be much better. It would also connect to a lift station which will make it a better system. CITY COUNCIL MINUTES February 2, 1999 Page 5 A trail connection corridor could also accommodate the utilities connection. Case asked about the plans for Dell Road to the south to Highway 212 and Gray responded they hope it would be two lanes with curb and gutter but it will be difficult to construct given the topography in the corridor. The City will have to consider whether they want to have a full connection to Highway 212, but it may be that the best solution is a right-in, right-out access. The roadway would not be a high volume corridor and would be to provide local access. Discussion ensued regarding whether they should have pedestrian access in the area, and stormwater control issues were discussed. Mayor Harris asked about the planting schedule and Johnson reviewed the species and types of vegetation they are proposing to install. Harris asked if they had given any thought to how they could protect the Big Woods area from the adjacent homes. Johnson responded they are making a bank which is too steep for people to cut or grow lawn on, which should provide protection for the park area. Case commented he had thought perhaps a chain link fence would clearly mark the rear boundaries of the lots and Johnson responded he would be willing to mark the corners of the lots with posts or else they could put a conservation easement over the rear portion, but he did not foresee it as a problem. He did not want to put up a fence. The Public Hearing was opened. A resident on Cedarcrest Drive, commented the location of his home was a huge selling point for him to buy a home in Eden Prairie. He did not want the street to be connected and did not understand why it was being recommended. Bud Baker, 9232 Cedar Forest Road, stated he did not agree with the roadway connection and they believe people from this new development will drive through their neighborhood. The utilities could be connected via the trail connection which would give those residents access. He did not feel the trail would preclude emergency vehicle access in the event of a fire and it could be constructed to facilitate that. He was opposed to connecting the roadway. Doug Dance, 14763 Boulder Point Road, stated he was opposed to granting any variances for this project. Thirty-two more units is more units than allowed for in the original zoning plan. He was concerned about the tree loss figures because they include the land donated to the City. He believed tree loss will be significantly higher than the 31% projections on the land which is developed. He was opposed to compromising the area and recommended that the City Council deny the request as there was no valid reason to change the zoning. Jeff Strate, 15021 Summit Hill Drive, stated there are many good things about the plan but it has not evolved far enough. He did not feel the NURP ponds were placed properly and they should be located along Dell Road. He was mainly concerned about the old woods area of which less than 1% remains in Hennepin CITY COUNCIL MINUTES February 2, 1999 Page 6 County. It is a valuable natural, cultural and regional asset and he recommended that the City Council consider as many options to protect it as possible. He believed we do not know enough about protecting an old growth forest area. It is a very fragile area and perhaps a broader buffer band could be implemented along the southern area to protect this area. He requested the City to use Cash Park Fees to purchase it or ask the State to help with this endeavor. John Wroblowski, 9360 Cedar Forest Road, commented people in the community care about this because they keep coming to these meetings. He agreed with the previous speakers that this project will have a significant impact on this area. He was opposed to making the roadway connection. Pauline Kacher, 9820 Sky Lane, asked about the lot lines on the southern edge lots. Johnson responded that there is a definition from the Department of Natural Resources which defines the top of a bluff area as the point where there is less than an 18% grade within 50 feet. Kacher was concerned about the grading and drainage plan and the landscape plan. She was concerned about the tree loss on Outlot B, which will have a parking lot on it and she believed this area will be trashed if it is not protected. She requested the City Council to look at this plan further before approving it. Ryan Kacher, 9820 Sky Lane, read a letter from his father in opposition to the project. The Guide Plan should not be changed, and he believed land should not be wasted with this development. He requested the City to keep its options open, and to develop in the best possible way. He believed the City should keep the creek valley and the woods in as natural a state as possible. Steve Knudtson, 9255 Cedar Forest Road, stated he was opposed to making the roadway connection and he did not understand how more homes would make for less traffic. Dustin Fossey, 8012 Island Road, reviewed why Eden Prairie was named and stated he lives on Mitchell Lake where the trees were not saved as the developer had promised. Encroachment does happen into City lands and he wanted to see it protected. He requested the City Council to reconsider the development. Brad Mlynar, 17140 Cedar Crest Road, was opposed to making the roadway connection and removing the cul-de-sac because there is no where to walk as it is. Sheila Krauselt, 17319 Rosalla Drive, was concerned about the rapid pace of development in Eden Prairie and was mourning the loss of the apple orchard. She asked the City to help people keep their old homes with some form of tax relief. Drew Holte, 7449 Paulsen Drive, stated his grandparents live on Cedarcrest Drive and he has enjoyed these woods since he was in kindergarten. He was opposed to having a bike trail through them. CITY COUNCIL MINUTES February 2, 1999 Page 7 Vicky Koenig, 13543 Carmody Drive, a member of the Parks, Recreation and Natural Resources Commission, stated they had discussed the Riley Creek Woods at length at their meeting when they reviewed this project, and this was a conservation area which belongs to the people of Eden Prairie. She believed everything possible should be done to protect it, and if that means fencing a portion of it, then that should be done. Pam Olson, 9040 Dell Road, stated she owned a hobby farm adjacent to this project and because the roadway was going to be widened it would increase their taxes and eventually force them out of their home. She requested the City Council to save the woods and reduce the size of this project. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. Butcher-Younghans commented she appreciated the concern from residents who were present but there are some aspects of this project which are very beneficial to the City. It provides a range of housing types for all income levels and meets the City's overall growth strategy. She asked Lambert to report on what the City's conservation easement holdings were and also what sources of funding they could tap into to purchase land. She would like to see some of the Eden Prairie aesthetic architecture applied to the townhouses to make them more distinctive. Lambert responded a natural resource inventory was done a couple of years ago and the City began to identify these areas. The City cannot afford to buy every nice piece of land in Eden Prairie. Staff identified seven major areas which were determined to be the best portions of land. He illustrated these areas the City has acquired thus far and the City's goal is to acquire the Riley Creek Valley to the greatest extent possible. Staff is endeavoring to protect a corridor but will not be able to protect the higher lands. Mr. Strate gave the City a letter which listed some funding sources which may be used to obtain money for purchasing land, one of which is a National and Scenic area grant. This land does not meet the criteria for this grant nor does it contain any rare or endangered species of plant materials, so it is doubtful if the City would be able to obtain any funding from this source. Lambert noted the City might be eligible for the Greenways Grant but it is only a total of $4 million and there is a great deal of competition for these funds. The City would have to match any funds that would be given, but an application could be submitted. He suggested that any funds obtained should perhaps be used to buy land on the opposite side of the creek valley to protect that area. Tyra-Lukens commented she sympathized with the people who spoke during the public hearing but economic feasibility prevents purchasing all the land we would like to protect. This development does not meet the development strategy which was developed for the southwestern portion of Eden Prairie. There were some things she liked such as the variety of housing types and some of the layout aspects. CITY COUNCIL MINUTES February 2, 1999 Page 8 She did not like the transition, layout of the homes and felt the density was too high. She felt the placement of the higher density units close to Dell Road and along the northern portion of the site would drive away other developers or make the density of adjacent projects too high for the existing zoning. She felt the high density should be located in the center of the project with the lower density creating a buffer zone for adjacent properties. She felt the project should be continued to allow the proponent to lower the density transitions and give them more information regarding preservation of the parkland. She believed this development should be done properly because it will set the tone for development of the rest of this area. Thorfinnson concurred about the protection of the city-owned property to the south and believed it should be protected. He did not believe the roadway needed to be connected but the trail should be constructed to allow for the utility access. He did not have any problem with the higher density units or the tree loss on the site. He commented that in many ways the City was much better now than it was twenty- three years ago, and he felt that $100,000 per acre was too expensive to preserve the woods if it was coming out of his tax dollars. Case read a letter from Amy Olson, a sixth grader at Oak Point, requesting the City Council to preserve the natural area. He noted that many comments focus on limiting development and the Guide Plan exists to give both residents and developers a guide for development of a site. If a plan meets all the codes and has no waivers it gives the City no grounds to deny a project. He proposed a scenario in which the developer met all the criteria but did not dedicate the ten acres of creek land. It would not provide for a variety of housing types and the housing market is changing and we need to be conscious of this because perhaps we are building the wrong type of house for those people who want to live in Eden Prairie. If the City does not plan for affordable housing many people will not be able to live here. He felt this project should be continued to have changes made such as studying the road connection for access issues. The right-of-way for utilities and the trail must be obtained, and he believed neighbor-hoods should be connected, at least for pedestrian access. He wanted to see a chain link fence to protect the parkland area along the south border and the boundary markers on the lots to indicate the property lines. He wanted a conservation easement protecting the trees within a 20 foot area which would be easy to see. He suggested the proponent make the rear lot lines more even to facilitate identification of where property lines were located. He agreed with Butcher-Younghans regarding the architectural style being more in keeping with the historical Eden Prairie and he showed photographs of things which could be incorporated into the design that illustrated what he had in mind. He supported continuing the project to allow the proponent to lower the density. Harris commented she liked the project because it does not increase traffic beyond projected levels and it has a lower tree loss. It also has a mix of housing types which is good for the City. She noted that people are more interested in the quality CITY COUNCIL MINUTES February 2, 1999 Page 9 of their lives and are looking for smaller homes. This project does not require waivers. The City is getting something that is invaluable in the land in addition to the Cash Park Fees at a time when this fund is getting low. She felt the Big Woods acreage needed to be protected. The roadway connection did not need to be made if the placement of utilities can be achieved by other means. The City of Eden Prairie was originally planned for 100,000 citizens, and because of the careful planning of the staff and City Council it now appears that population will top out at about 65,000 residents. We have preserved open space and protected wetlands and ecosystems which is commendable. She was not adverse to continuing the project but would be comfortable with tweaking which could be done with the proponent and staff working together. Discussion ensued regarding the reasons to continue the project, and the basic items which need resolution were identified as the architectural style of the townhomes, preservation of the Big Woods, placement of carsonite markers on lot lines to identify boundaries, straightening rear lot lines of the lots along the creek, and the transition issue in the northeast corner and possibly rearrangement of units within the development. Johnson noted they had decided to have the side yards fronting on Dell Road because it would have less visual impact from adjacent properties. If they had chosen to front them onto Old Dell Road they could have built more units. They also have language in their restrictive covenants which precludes any alteration being done on any slope which is greater than 2:1. It covers the entire lot, not just 20 feet. The styles of architecture have a porch-type farm house look and they have done a very expensive marketing program to make these choices available. Tyra-Lukens asked staff to develop some scenarios for how the adjacent land might develop, given the density of this development. MOTION: Thorfmnson moved, seconded by Case to continue the request for Orrin Thompson Homes to the February 16, 1999 City Council agenda. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Payment of Claims. Motion carried on a roll-call vote with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES February 2, 1999 Page 10 A. RECEIVE PETITION FROM CENTRON DPL CO.. INC. EMPLOYEES REQUESTING SIGNAL MODIFICATIONS AT CSAH 61 (SHADY OAK ROAD AND CITY WEST PARKWAYBRYANT LAKE DRIVE MOTION: Thorfumson moved, seconded by Tyra-Lukens, to receive the petition from Centron DPL Co., Inc. and direct staff to implement the staff action plan. Motion carried 5-0. M. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. APPOINT MEMBERS TO BOARD OF REVIEW MOTION: Thorfinnson moved, seconded by Case, to appoint Mike Best, Annette O'Connor, Phil Olson, Patricia Pidcock and Carol Standal to the 1999 Eden Prairie Board of Review. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 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 1. RESOLUTION 99-21 AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAIN IN WALLACE ROAD AND TECHNOLOGY DRIVE Dietz stated staff had received the bids for the project and waited to award the bids until they obtained the easement. He requested the City Council to approve the easement agreement and then award the contract. MOTION: Case moved, seconded by Tyra-Lukens to approve the easement agreement and award the contract for construction of watermain in Wallace Road and Technology Drive. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR CITY COUNCIL MINUTES February 2, 1999 Page 11 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher-Younghans to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:15 p.m.