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City Council - 02/16/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 16, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris,Sherry Butcher- Younghans,Ronald Case,Ross Thorfmnson,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, 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. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,FEBRUARY 2, 1999 Case said Sentence 1,Paragraph 3,Page 1 should read"Case commented there were people who might take advantage of this opportunity when they find out that it is available,but if we find there is no one who wants to utilize this opportunity we may want to review this again." MOTION: Butcher-Younghans moved, seconded by Case,to approve the Minutes of the City Council/Staff Workshop held on Tuesday,February 2, 1999 as corrected. Motion carried 4-0-1. Tyra-Lukens abstained. CITY COUNCIL MEWTES February 16, 1999 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 2, 1999 MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve the Minutes of the City Council meeting held Tuesday,February 2, 1999 as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 99-22 AUTHORIZING FEASIBILITY STUDY FOR DRAINAGE IMPROVEMENTS FOR THE CHARLSON,BROWN, STANDAL AND GRACE CHURCH PROPERTIES C. RESOLUTION 99-23 AUTHORIZING THAT PARCELS #1 AND #2 BE COMBINED AND SOLD AT HENNEPIN COUNTY AUCTION AND THAT PARCEL#3 BE DEEDED TO THE CITY FOR PARKLAND PURPOSES MOTION: Tyra-Lukens moved, seconded by Case,to approve Items A-C on the Consent Calendar. Motion carried 5-0. VI. ORDINANCES AND RESOLUTIONS 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 R1-9.5 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 PUD District Review and Zoning District Change,Resolution 99-24 for Guide plan Change,Resolution 99-25 for PUD Concept, and Resolution 99-26 for Preliminary Plat). Uram reviewed the staff report and described the process which has resulted in the project presented for Council consideration that evening. He noted that notices were sent to property owners within 1000 feet of the proposed development, rather than the usual 500 feet. Lambert described the conditions listed in the staff report,which have been agreed to by the developer. Enger added recommended actions at the time of Second Reading which include requesting Council to adopt a finding of no significant impact regarding the Environmental Assessment Worksheet. CITY COUNCIL MINUTES February 16, 1999 Page 3 Butcher-Younghans was concerned about protecting the Big Woods area from adverse impacts resulting from development of the surrounding areas. One solution proposed was a 20-foot wide conservation easement on the seven lots abutting the boundary and another solution was a four-foot high fence along the boundary. The DNR believed that the 20-foot wide easement would protect the Riley Creek area as well as the four-foot fence along the northern boundary, although the type of fencing should be investigated to find a more environmentally friendly fence. Given that recommendation from the DNR, Butcher-Younghans was comfortable with this solution. The identification of architectural styles which give Eden Prairie its distinctive style was another issue she had with this project. Staff now has a portfolio of different architectural styles which can be incorporated into future developments. Harris asked about potential options to obtain funding for the Riley Creek Valley. Lambert responded there is no budget for this but staff has taken steps to protect this area when the land adjacent to it is developed. Staff negotiates with the developer using such things as density transfer to preserve and protect these areas. Staff does not use land in lieu of cash park fees because those fees are destined to be used for neighborhood parks. There are grants which can be applied for and staff has been very aggressive in applying for these. Lambert also recommended that the City Attorney review the Shoreland section of the City Code to amend it to protect slopes over 20 feet in height with a 30% grade within 300 feet of the creek valley. Tyra-Lukens asked if staff has any documented evidence that conservation easements are working in areas throughout the city and Lambert responded that they do work, and staff will continue to endorse their use. He noted that in most cases the residents police themselves,which works well. Case asked what assurance they would have that putting any boundary around this area would protect it, and if not, could they use this project to get a study done to determine how much area is needed to protect such an area. Lambert responded it would be very difficult to address this in terms that the DNR talks about because it is such a small area. This northern boundary was an apple orchard and it was mowed in among the trees. The real worry is the encroachment factor,which they have addressed with the easement and the fence. There will be people walking through these woods and they are putting in trails. Lambert believed this was a management challenge to see how well the area could be protected. Butcher-Younghans commented while these woods do need to be protected,they were purchased with public funds and people need to have the right to use this area. She asked if there were things they could do to make people aware of how valuable this area was. Lambert responded they could use signage to help make people aware and the DNR could probably advise staff how to do this regarding both trail location and signage placement. CITY COUNCIL MINUTES February 16, 1999 Page 4 Case commented he was satisfied with the Cedarcrest Road connection issue and the staff solution regarding the steps to protect the Big Woods. He was interested in pursuing a Big Woods Impact Study to determine what the results of this development would be. He felt the roadway did not have to be connected and he asked staff to look at connecting this neighborhood to the east to give the area more emergency vehicle access. Tyra-Lukens commented that nothing was done to address her concerns regarding the density transfer and the total density of the project,but there were some things she did like about the project. While the conservation easement and the fence would help mitigate the impacts of the development on the Big Woods, she was still concerned about encroachment. MOTION: Case moved, seconded by Butcher-Younghans,to adopt Resolution 99-24 for Guide Plan change from Low Density Residential to Medium Density Residential on 39.26 acres, and adopt Resolution 99-25 for PUD Concept, and Approve First Reading of the Ordinance for Zoning District change from Rural to R1-9.5, R1-13.5 and RM-6.5 on 158.4 acres subject to Staff and Commission recommendations 1-8 and plans dated February 11, 1999, and adopt Resolution 99-26 for Preliminary Plat and direct staff to prepare a Developers Agreement. Motion carried 4-1. Tyra-Lukens voted no. B. RESOLUTION 99-27 IN SUPPORT OF LEGISLATION TO REAF IRM ORIGINAL LEGISLATIVE INTENT OF DEFINITION OF MINOR AIRPORTS Enger noted this resolution was affirming the City's position that MAC should not have the ability to change the intent of the law regarding airport expansion issues. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to adopt Resolution 99- 27 in support of legislation to reaffirm original legislative intent of definition of minor airports. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. PERKINS SUBDIVISION by James Perkins.Request for Preliminary Plat of 3 acres into three lots. Location 7012 Willow Creek Road. (Resolution for Preliminary Plat). Uram reviewed the staff report and the history of the project which included City Council approval of a three-lot subdivision in 1989. The proponent is proposing a revised plat for this same property which staff believes is a better plan than the one which was approved in 1989. The Planning Commission approved the plan with several changes. Lambert noted the Parks,Recreation and Natural Resources Commission reviewed the plan and recommended approval. The Public Hearing was opened. CITY COUNCIL AEN=S February 16, 1999 Page 5 Dick Swidenstricker, 7221 Willow Creek Road, stated he felt the Planning Commission did not take into consideration the future implications of approving this lot division. This plat,if approved,would change the standards for their neighborhood and set an undesirable precedent. The DNR has issues with minimum lot size and setbacks from the lake. The plan was approved despite the submission of a petition signed by area residents in opposition to the project. He was most concerned about the precedent setting lot size if this was approved. Mark Wisser, an attorney representing neighbors of the proponents,reviewed the history of the plat. He noted the precedent-setting nature of the proposed 3-lot subdivision,which will create the need for variances for substandard lot sizes. He discussed the DNR letter and noted they have reaffirmed their position that the proposed lots are too small and all three lots must meet the 100 foot setback from the lake. He noted the 1989 plan was never filed and there was a statute which would allow the City to revoke a plat which was not filed within two years of being approved. He noted his clients had devised a 2-lot subdivision plan which was much better suited to this land. He discussed the septic system proposed by the developer and while experimental systems are permissible in certain instances, they have not been approved for this property. The DNR also requires the septic systems need to be approved,which was never done for this plat. This land is adjacent to a lake in a neighborhood where everyone uses well water for drinking. Brian Dunos, 7160 Willow Creek Road, stated he was concerned about the density,the DNR approval,the neighborhood character, etc. This neighborhood has been there for 40 years and most neighbors are opposed to having three lots. He was concerned about setting a precedent for a substandard lot size.He also felt the DNR concerns should be addressed before any approval is given. He felt the lots should meet all the requirements, and this was not possible with the plat which was proposed. Jim Perkins, 7012 Willow Creek Road,reviewed the plan for the lot division and explained the history of the neighborhood and how it evolved. He had said the DNR did not approve this plat but they had reviewed the property on December 1, 1998 and walked the property with him. They noted that if certain issues were addressed in a manner compliant with SONAR(Statement Of Need And Reasonability)it would be a better development. The plan does meet these SONAR requirements and they moved the lot line back 75 feet to address this concern, and it saves trees. He described how the homes will be situated in this neighborhood and why these properties were developed the way they are today. He had tried to develop a plan which would give each lot a decent shoreline instead of a little piece of it. He was not going to damage the neighborhood. He discussed the proposed septic system recommended by Jeff Swedlund,who is licensed by the State of Minnesota and the City of Eden Prairie as a septic system installer. He explained Rule 70-80 and how it applies to his system. CITY COUNCIL NIINUTES February 16, 1999 Page 6 Joe Docter, 7032 Willow Creek Road, stated they purchased their lot with the understanding there were only two lots on this property. If substandard lots are approved it will be setting a very bad precedent for the area. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to close the Public Hearing. Motion carried 5-0. Harris asked about the statement which was made that the City Council had the right to revoke the plat that was approved in 1989, and Rosow responded there was no requirement that a plat be filed with Hennepin County but there are certain rules which apply to Registered Land Surveys. State law says that once a plat is filed any change in zoning laws cannot apply to that plat for a period of two years. It is not within the purview of the City Council to revoke the Registered Land Survey but the City Council does have the power to change the zoning laws. Harris asked when public utilities would go into this area and Dietz responded it has been the policy of the City Council not to take action until petitioned by a neighborhood,but perhaps it was time to consider this as it is a resource which is being developed. Harris asked how many properties in this area had variances and Enger responded there were shoreline area variances evident on the plat shown,but other than that he was not sure. Tyra-Lukens asked if there was a precedent for a shared septic system in Eden Prairie and Dietz responded staff was not aware of any and there was no one present from the Building Department to answer that question. Discussion ensued regarding the adequacy of the septic system and Rosow noted he had asked Mr. Franzen about the septic system and Mr. Swedlund is a consultant to the City and had approved this septic system. The system being proposed is called an alternative system not an experimental system. Case asked if Perkins can build the approved plan and Rosow responded they could build on the 1989 plat which was now filed and is an approved plat. There was nothing that can be done regarding changing that plat other than adopting new zoning controls which would be effective since it is now more than two years since the plat was approved. Changes to the zoning would force the proponent to seek variances. The City Council actually granted variances with the 1989 plat, and those variances cannot be revoked. It was the consensus of the Council that they would like to see the most current letter from the DNR which was not included in their packets, and they would also like to see more information on the septic system. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to continue the subdivision request of James Perkins to the March 2, 1999 City Council meeting. Motion carried 5-0. CITY COUNCIL AE NUTES February 16, 1999 Page 7 B. FLAGSHIP CORPORATE CENTER by Opus Northwest L.L.C. Request for Planned Unit Development Concept Review on 9.2 acres,Planned Unit Development District Review with waivers on 9.2 acres,Rezoning from Rural and Commercial Regional Service to Office on 9.2 acres, Site Plan Review on 9.2 acres and Preliminary Plat of 11.2 acres into 2 lots. Location:North of Flagship Athletic Club,west side of Prairie Center Drive, south of Technology Drive. Location: Prairie Center Drive between Technology Drive and Singletree Lane. (Ordinance for PUD District Review and Zoning District Change,Resolution 99-28 for PUD Concept, and Resolution 99-29 for Preliminary Plat). David Menke,representing Opus Northwest L. L. C.,reviewed the plan for the center which will be a four-story building located on 9.2 acres. He described the access to the site which will be developed to provide cross-access between Flagship Athletic Club and the Technology Drive access across the City-owned parcel to the west. He described the location of the trail and its configuration. He showed building renderings and described the building materials they propose to use. They have a great deal of interest from potential users of this new facility. Bis Coburn,BRW,reviewed the draft travel management plan for the Flagship Corporate Center. It will have good access to the transit station and is close to a day care center and the athletic club. People will be able to exercise after work which will spread out the hours when people are leaving the site. She had been working with Southwest Metro to be informed about the services available. There will be a property manager for the building who will be the transportation manager and they will promote mass transit and car-pooling and will provide a secure bicycle storage area. Ride share matching will be available and each tenant will get information on the alternative transportation options which are available. There will be a packet of information on this given to all new employees. Thorfinnson asked if incentives from the developer would be part of this package and Coburn responded negatively. There are fifteen SW Metro routes now that connect the cities of Chaska, Chanhassen, and Eden Prairie, as well as bus service to downtown Minneapolis. Thorfinnson commented that transit was not going to solve the transportation problems but this is something that could work. He would like the developer to provide some financial incentives to encourage the tenants of the building to promote the traffic management plan. He wanted to see a detailed outline of the financial incentives included in the traffic management plan before second reading. Tyra-Lukens asked about the plantings which would be done on the back side of the building and Menke responded it will be wetland grasses but there is a small sodded area between the trail and the building. Lambert noted the trail will be at least 25 feet from the wetland, and there will be a dredged area which will receive the drainage from the site. CITY COUNCIL MINUTES February 16, 1999 Page 8 Uram reviewed the staff report and noted the Planning Commission reviewed the project and recommended approval with stipulations that the developer has agreed to. The plans will be revised prior to Second Reading. Lambert reviewed the staff report and the stipulations the developer agreed to. The Public Hearing was opened. No one wished to speak. MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to close the Public Hearing and adopt Resolution 99-28 for PUD Concept on 9.2 acres; and approve 1s`Reading of the Ordinance for PUD District Review and Zoning District change from Rural and Commercial Regional Service to Office on 9.2 acres, subject to Staff and Commission recommendations and plans dated January 19, 1999, and Adopt Resolution 99-29 for Preliminary Plat of 11.2 acres into 2 lots, and include developer incentives in the Traffic Management Plan prior to Second Reading. Motion carried 5-0. C. 1999 COOPERATIVE TRAIL LINKAGE PROGRAM Approve the Trail Linkage Grant Application for matching funds to construct a trail from Valley View Road to Bryant Lake Regional Park. Lambert reviewed the staff report and described the location of the trail which will be approximately 8,500 feel long and will require permits from the state. The City is applying for a$50,000 grant to connect this trail. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to approve the trail linkage grant application for matching funds to construct a trail from Valley View Road to Bryant lake Regional Park. Motion carried 5-0. VHI. PAYMENT OF CLAIMS 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,Tyra-Lukens, and Harris voting"Aye". IX. PETITIONS,REQUESTS AND COMMU1yICATIONS A. REQUEST FROM THE EDEN PRAIRIE HOCKEY ASSOCIATION FOR THE CITY TO CONSIDER A THIIM INDOOR ICE SKATING RINK Lambert reviewed the staff report and staff recommended proceeding with finding out about General Growth's plans for an indoor ice arena, contacting the School District regarding their future plans and applying for any grant monies that might CITY COUNCIL MINUTES February 16, 1999 Page 9 be available. Staff will submit information to the City Council on March 16, 1999 with a recommendation for action. MOTION: Case moved, seconded by Butcher-Younghans,to authorize staff to: 1. Contact General Growth to determine how firm an indoor ice rink is part of the planned improvements for the Eden Prairie Center. 2. Contact the School district to share this request with the appropriate personnel and determine if they would support the request for an additional practice ice rink on the north end of the building, or if they would prefer a larger configuration, and if so, are they able to fund the difference. 3. Submit the preliminary application for any grant money that might be available to assist with the project. 4. Submit all this information to the City Council with requests for other proposed improvements as per the Capital Improvement Plan review on March 16. 1999. Motion carried 5-0. X. REPORTS OF ADVISORY BOARDS &COMMISSIONS A. SET MARCH 16, 1999,AS THE MEETING TO REVIEW BOARD OF ADJUSTMENT &APPEALS DECISION ON VARIANCE #99-01 MOTION: Thorfinnson moved, seconded by Case to set March 16, 1999 as the date to review Board of Adjustment and Appeals Decision on Variance#99-01. Motion carried 5-0. XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER Enger noted they might not have a quorum for the Council meeting scheduled for April 6, 1999. It was decided to keep the meetings scheduled for the first and third Tuesdays as scheduled. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR CITY COUNCIL MINUTES February 16, 1999 Page 10 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. INFORMATION ON COUNCIL FORUMS Harris communicated hereafter, Council Forum will be held the first and third Tuesdays of the month from 6:30 - 6:55 p.m. in Heritage Room IL This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:00 p.m.