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City Council - 04/20/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 20, 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,Zoning Administrator Jean Johnson,Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen PRESENTATION OF 1998 HUMAN RIGHTS AWARDS AND YOUTH SCHOLARSHIP AWARD Mayor Hams presented the following awards on behalf of the City of Eden Prairie Human Rights and Diversity Commission and the City Council: Human Rights Award—Business category winner: MTS Systems Corporation. Accepting the award was Charles Cox,Employment Manager. Human Rights Award—Non-profit category winner: ABC Foundation. Accepting the award was Gardner Gay,Executive Director. Human Rights Award—Individual category winner: Bob and Clare Kooiman. Accepting the award was Bob Kooiman. Youth Scholarship Award winner: Diane V.Nguyen,Eden Prairie High School I. ROLL CALL/CALL THE MEETING TO ORDER The meeting was called to order at 7:00 p.m. Councilmember Ross Thorfinnson was absent. H. PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA April 20, 1999 Page 2 III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item V. F. APPROVE AWARD OF A CONTRACT TO PARSONS ELECTRIC FOR PROVISION OF COMMUNICATION CABLING FOR THE NEW FUZE STATION. Mayor Harris added,under XII. A. REPORTS OF COUNCILMEMBERS,Y2K Preparation. MOTION: Tyra-Lukens moved, seconded by Case,to approve the agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,APRIL 6, 1999 MOTION: Butcher-Younghans moved, seconded by Case,to approve as published the minutes of the City Council meeting held Tuesday,April 6, 1999. Butcher-Younghans and Harris voted"aye",Tyra-Lukens and Case abstained. Motion carried. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 99-50 APPROVING REIMBURSEMENT AGREEMENT FOR TRAFFIC CONTROL SIGNAL EQUIPMENT WITH HENNEPIN COUNTY FOR SIGNALS ASSOCIATED WITH THE TH 212 STAGE III PROJECT,I.C. 93-5303 C. ADOPT RESOLUTION 99-51 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT FOR THE CONSTRUCTION OF TH 212-STAGE III IMPROVEMENTS,I.C. 93-5303 D. APPROVE SECOND READING OF AN ORDINANCE 3-99 AMENDING CITY CODE CHAPTER 2 RELATING TO CITY DEPARTMENTS AND ISSUANCE OF CITATIONS AND RESOLUTION 99-52 APPROVING THE SUMMARY OF THE NEW ORDINANCE AMENDING CITY CODE CHAPTER 2 E. APPROVE CITY CENTER TELEPHONE SYSTEM UPGRADES & ADDITIONS F. APPROVE AWARD OF FIRE STATION COMMUNICATION CABLING CONTRACT MOTION: Case moved, seconded by Butcher-Younghans,to approve Items A-F on the Consent Calendar. Motion carried 4-0. CITY COUNCIL AGENDA April 20, 1999 Page 3 VI. PUBLIC HEARINGS/MEETINGS A. CHESTNUT APARTMENTS by BBY Chestnut Limited Partnership. Request for Planned Unit Development Concept Amendment on 9.16 acres,Planned Unit Development District Review on 9.16 acres and Zoning District Amendment in the RM-2.5 District on 9.16 acres and Site Plan Review on 9.16 acres. Location: Chestnut Road and Anderson Lakes Parkway (Resolution 99-53 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Enger said the official notice of this Public Hearing was published on April 8, 1999, in the Eden Prairie News and mailed to 248 property owners. He asked the proponent of the project to come forward. Linda Fisher, 1500 Norwest Financial Center,representing BBY Chestnut Limited Partnership, said that with her are Sandra Mazur and Ken Belgarde,the owners of the project; James Cooperman of Cooperman&Associates,project architect; and Gene Ernst of Ernst&Associates,the landscape architect. Ms. Fisher said the site is part of the 24-acre Cherrywood Apartment project approved for 272 units in 1974. If the application is approved,the number of units on this site would actually be 63 fewer than originally approved. BBY Chestnut Limited Partnership is a family business. The Chestnut apartments were purchased by BBY about a year ago and are being upgraded and modernized. The proposal is to construct a new 36-unit, 3-story building in the northeast corner of the site, with tuck-tmder,underground parking and to convert the existing office and recreational building into a three-unit apartment building. Density is consistent with city codes,the building and parking meets setback requirements and the amount of proposed parking meets city codes. Uram stated this project was reviewed at the March 22 Planning Commission meeting. The Commission voted 6-0 to recommend approval of the project,with direction to revise the site plan to eliminate congestion near the entrance to the underground garage. This has been done and reviewed by Staff,which found the revisions to be consistent with the directions of the Commission. Staff and the Planning Commission recommend approval subject to the recommendations of the Staff report. Prior to building permit issuance,the proponent must submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District,review the building plans with the Fire Marshal, submit a landscaping bond in accordance with City Code, and provide building material samples and colors for review by the City Planner. Mayor Harris asked if anyone in the audience wished to address the Council. Ken Johnson, a resident in the area of the apartments, said that in addition to the wetland,there is a gully that drains water from the slope and if that is filled it could possibly flood existing properties adjacent to it. He asked if there has been CITY COUNCIL AGENDA April 20, 1999 Page 4 an Environmental Impact Statement prepared for the Department of Natural Resources. Uram replied that an EIS would not be required for a project of this size. Regarding runoff, staff will have to take a look at it, in conjunction with the requirement for detailed storm water runoff. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to close the Public Hearing. Motion carried 4-0. Case said he understands the former apartment area currently does not meet NURP standards. He asked Dietz,when revisions are done to a property does this require that the whole property be revised to meet NURP standards. Dietz responded it does not. The City does require that the new addition be run through a NURP pond,but it is difficult to route all of the property.He was not aware a problem existed but will make sure drainage issues are resolved before construction. MOTION: Butcher-Younghans moved, seconded by Case,to adopt Resolution 99-53 for PUD Concept Amendment on 9.16 acres; and approve l't Reading of the Ordinance for Planned Unit Development District Review on 9.16 acres and Zoning District Amendment in the RM-2.5 District on 9.16 acres; and direct Staff to prepare a Developer's Agreement to be executed by BBY Chestnut Limited Partnership, incorporating conditions and recommendations of Staff and Council. Motion carried 4-0. B. BEARPATH LOTH ADDITION by Bearpath Limited Partnership. Request for PUD Concept Amendment on 3.3 acres to the overall 420 acre Bearpath PUD, Planned Unit Development District Review on 3.3 acres,Rezoning from RM-6.5 to R1-13.5 on 3.3 acres and Preliminary Plat of 3.3 acres into 8 lots. Location: Bearpath Trail. (Resolution 99-54 for PUD Concept Amendment, Ordinance for PUD District Review and Rezoning, and Resolution 99-55 for Preliminary Plat) Enger said the official notice of the Public Hearing was published on April 8, 1999 in the Eden Prairie News and mailed to 46 property owners. The Planning Commission voted 6-0 to recommend approval of the plans at the March 22, 1999,meeting. The Parks and Recreation Commission did not review this project. He asked the presenter of the proposal to come forward. John Vogelbacher spoke,representing the Bearpath Golf and Country Club and Siena Corporation,the developer of the community. This is a rezoning of existing twin lots. In 1992 this was approved for ten twinhome units on five lots. The proposed plan is eight single-family homes on villa lots,which are detached townhomes. A similar conversion from twin homes to single family was approved in 1996. A neighborhood meeting was held March 18 and a meeting CITY COUNCIL AGENDA April20, 1999 Page 5 was held with the Board of Directors of Bearpath Homeowners Association. This project met with the approval of both of those groups. Uram said this project is recommended for approval, subject to a number of conditions. 1. Prior to release of the final plat,the proponent shall provide a cross access, maintenance and use agreement for review for the shared private drive serving lots 1,2, and 3,to be recorded with the final plat at Hennepin County. 2. Prior to grading permit, or building permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control on the property, as well as tree protection fencing at the drip line of all trees to be preserved as part of the development. 3. Prior to each building permit issuance,the proponent shall: A. Submit detailed Certificates of Survey for each lot depicting existing and proposed grades, location of all existing trees and trees to be removed, house and driveway locations, and the location of tree protection fencing. B. Pay the Cash Park Fee. 4. The following waivers have been granted through the PUD District review the Property as follows: A. Lot size of less than 13,500 square feet for lot 5. B. All lots do not have a public road frontage. C. Lot width of less than 85 feet for lots 4, 5, 6, 7 and 8. D. Zero lot line setback for the driveway land serving lots 1,2 and 3. Code requires a minimum of 3 feet. E. Five-foot side yard setback for the garage. Ten-foot side yard setback for the house. MOTION: Case moved, seconded by Butcher-Younghans,to close the Public Hearing and adopt Resolution 99-54 for PUD Concept Amendment on 3.3 acres; and approve I"Reading of the Ordinance for Planned Unit Development District Review on 3.3 acres and Rezoning from RM-6.5 to R1-13.5 District on 3.3 acres; and adopt Resolution 99-55 for preliminary plat of 3.3 acres into 8 lots; and direct Staff to prepare a Developer's Agreement to be executed by Bearpath Limited Partnership. CITY COUNCIL AGENDA April 20, 1999 Page 6 MOTION: Case moved, seconded by Butcher-Younghans,to amend the above resolution to add the words, "according to Planning Commission recommendations and Staff report." Motion carried 4-0. C. IMMANUAL LUTHERAN CHURCH by Immanual Lutheran Church. Request for Planned Unit Development Concept Review on 6.7 acres,Planned Unit Development District Review on 6.7 acres with waivers,Zoning District Amendment within the Public Zoning District on 6.7 acres, and Site Plan review on 6.7 acres. Location: 16515 Luther Way. (Resolution 99-56 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Enger said the official notice of the Public Hearing was published on April 8, 1999 in the Eden Prairie News and mailed to 46 property owners. The Planning Commission voted 7-0 to recommend approval of the project at its March 22, 1999,meeting. The Parks and Recreation Commission did not review this project. He asked the proponent of the project to come forward. Gary Johnson, an architect with SMSQ Architects,represented Immanual Lutheran Church. The addition of 14,500 square feet almost doubles the size of the present church facility. Concerns of the neighbors were heard at the Planning Commission meeting in March. The architects have taken the concerns of the neighbors and revised the site plans accordingly. One concern was planting, and they have increased the planting of trees to provide adequate screening from the residential areas near the church. Another concern was water runoff;that is, if catch basins should fill up with debris and flood neighboring property. To respond to this concern,the architects created a swale that will bring water over to a retention pond, and also have created a berm. Butcher-Younghans noted one neighbor had a concern about the outdoor lighting, and asked Mr. Johnson how tall the light posts are. Johnson responded they are 30-foot poles, and there are shields on the lights that keep them from affecting the neighbors. Uram said the project meets city codes and ordinances except for the maximum height of the roof pitch. City code has a maximum height of 30 feet. The skylight on the plan is 35 feet high. However,it is a significant feature of the church and improves the overall design. The church has asked for a waiver from 30 feet to 35 feet. MOTION: Butcher-Younghans moved, seconded by Case,to close the Public Hearing and adopt Resolution 99-56 for PUD Concept Review on 6.7 acres; approve lst Reading of the Ordinance for Planned Unit Development District Review on 6.7 acres with waivers and Zoning District Amendment within the Public Zoning District on 6.7 acres; and direct Staff to prepare a Developer's CITY COUNCIL AGENDA April 20, 1999 Page 7 Agreement to be executed by Immanuel Lutheran Church, following conditions and recommendations of Staff and Planning Commission. Motion carried 4-0. D. INTERNATIONAL SCHOOL,PHASE 3, CLASSROOMS by International School of Minnesota. Request for Site Plan Review and Zoning District Amendment in the Public Zoning District on 56 acres. Location: Crosstown and Beach Road. (Ordinance for Zoning District Amendment) Enger reported this Public Hearing was officially published in the April 8, 1999 Eden Prairie News and mailed to 15 property owners. He asked the proponent of the project to come forward. John Harris,President of Harris Architects,represented the International School. The proposed project is a 20,000-square-foot addition to the school, closely following the school's master plan. Uram explained the approved 1987 master plan showed three classroom buildings on this site. The school wants to build two classroom buildings at this time. No concerns were raised at the Planning Commission meeting,but Staff expressed some concern about the location of the NURP pond,which has now been moved on the plan. Staff is satisfied with the location. Tyra-Lukens inquired if the NURP pond will be done prior to construction of Phase 3 to take care of any runoff. Harris responded he didn't know if it would be one of the first things done but will certainly be at the top of the list. It would be completed before the project is finished. Tyra-Lukens requested to make completing the NURP pond prior to construction a Council recommendation. Rosow stated he didn't see anything that requires an Environmental Assessment Worksheet(EAW). Uram responded that an EAW is not required. Tyra-Lukens asked Uram to clarify whether a zoning district amendment is required on the entire 56-acre parcel when only 39 acres are going to be used in this project,while 17 acres of wetland and woodland are not going to be touched. Uram replied that the project size is 56 acres,but the zoning district amendment, because of those exemptions of wetland and woodland,is 39 acres. The wording of the Council Resolutions should be changed to indicate that the project would be based on 39 acres rather than 56 acres. Case wondered why the Parks and Recreation Commission did not look at this,if the limits are ambiguous with regard to fill and grading. Uram responded that it wasn't necessary because of the consistency of this plan with the previously approved plan. CITY COUNCIL AGENDA April20, 1999 Page 8 Mayor Harris inquired if anyone else wished to address the Council regarding this project. Geri Baakkonen, 6251 Beach Road,just west of the International School, said she would be concerned if there were any zoning changes to the wetlands and woodland areas of the property. The advertisement of the Public Hearing in the paper stated two classrooms were involved,which was not a very complete description of the project. Notices were only sent to people within 500 feet of the school. Other neighbors would have been concerned if the zoning changes for the project involved 56 acres rather than 39 acres. Enger said it was pointed out to Staff that the change in zoning was published for the entire property and Staff agrees this should be held to the 39 acres. Mayor Harris asked if anyone else wished to address the Council. David Steen, 6741 Beach Road, said the classrooms at International School are full and the school needs to be expanded,but he also wants the interests of the property owners on Beach Road to be protected. This concern has now been addressed. MOTION: Tyra-Lukens moved, Case seconded,to close the Public Hearing; and approve 1't Reading of the Ordinance for Zoning District Amendment in the Public Zoning District on 39 acres; and direct Staff to prepare a Developer's Agreement to be executed by International School of Minnesota,which incorporates Staff and Council recommendations and conditions, including NURP pond completion prior to creation of additional impervious surface; and direct Staff to issue a land alteration permit and footing and foundation permit with the proponents' agreement to proceed at their own risk. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Butcher-Younghans moved, seconded by Case,to approve the Payment of Claims as submitted. Motion passed on a roll call vote,with Butcher-Younghans, Case,Tyra-Lukens and Harris voting"aye." VIH. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. REVIEW BOARD OF APPEALS NO. 99-01 Enger reported that this review was continued from the March 16, 1999,meeting. City Staff was directed to look into the issues of hardship, further reasonable uses CITY COUNCIL AGENDA April 20, 1999 Page 9 of the property, and sight lines and safety issues on the project. The Staff has done that and he asked three Staff members to give short presentations on each part of it. Johnson said following the March 16 Council meeting Staff reviewed the revised material submitted by the applicant at that meeting. Additional reports have been prepared; an April 14 Supplemental Staff Report and an April 14 Engineering Department memo. These revised reports have been submitted to the Council, in addition to carrying forward all materials from the March 16 meeting, as well as a new letter, dated March 30, from an adjacent landowner. The City Staff review finds the variance request contrary to City code and intention,the lot size situation was created by the previous land owner,variance approval would create an unsafe driveway and road condition, and the property owner is not deprived of other reasonable land uses. Small lots can be used to grow vegetables and flowers for sale,vineyards,bee keeping, or tree farms. Dietz reported that Rod Rue prepared the memorandum dated April 14 addressing the safety and sight distances from the driveway. Revised drawings were submitted on April 19 and have been reviewed, although a written report has not been prepared. He and Rue concluded from this review that the 300-foot sight- distance requirement could be obtained to the left of the driveway,but the sight lines to the right are still about 140 feet. Rosow stated that if the Council decides to uphold the decision of the Board of Appeals he would distribute the attorneys' proposed findings for the Council to act upon. The applicant purchased the parcel knowing it was non-conforming. When the Council directed Staff to go back and review the material further,he looked at the past history of this property and found it was split off as early as March 1969, at which time it was subject to Ordinance No. 8,requiring a minimum of two acres. When the lot was split by the previous owner, a non- conforming parcel was created,which is a self-created hardship. This is a sufficient basis to deny the application for a variance. Rosow said that he did not know this fact at the March 16 meeting,when he said other reasons would have to be found. However,he encouraged the Council to base its decision on all the factors available. Bill Griffith, 1500 Norwest Financial Center,represented applicants Perry and Michelle Ryan. He stated the focus of the discussion should be on whether development of a family home is a reasonable use of this parcel of land. The applicant's intent is to use the property for a single-family home site, served by private sewer and water, consistent with what neighboring landowners have done. Other concerns can be met regarding the sight distances, etc. Griffith disagreed the hardship was created by the applicants,but said it is immaterial. He doesn't believe it is well suited for a truck garden,keeping bees, or other agricultural uses. CITY COUNCIL AGENDA April 20, 1999 Page 10 Perry M. Ryan,property owner and President of Ryan Engineering, explained the changes made to improve sight distances in the revised drawings. A retaining wall was moved back about 2 feet to the south of the driveway. If the City cleared the brush to the north,the sight distance would be improved to 280 feet. Ryan disagrees with the City that this would require extraordinary maintenance and grading work. Bill Griffith said if this project does not go forward,the above safety improvements will not be made that make the road safer for the public as well as for the homeowner. He asked the City to take a reasonable and practical approach to development of this project and that the Council approve the variance. Mayor Harris inquired if anyone wished to address the Council on this project. Scooter Hill, 10131 Eden Prairie Road, said he was offended by some of the reasons the proponents gave for approving the project. In the winter,this very steep hill is slippery and sight lines have nothing to do with its safety. A number of people in the neighborhood are wondering if this would establish a precedent to let people build on the bluff. He wondered if the City has a plan for this 400-acre area of undeveloped land. Jim Van Winkle, 10129 Eden Prairie Road, addressed the safety of the curve to the north. He agreed that removing the brush would open up the sight distance to the curve. Ralph Nielson, 10100 Eden Prairie Road, said he agrees with Dean Edstrom's position on this matter. Brush should not have to be removed to improve sight lines. Mayor Harris,in response to the speakers, said granting of a variance does not establish a precedent. Each case stands on its own merits. The City Council is in the process of looking at and developing a plan for the whole bluff area. She asked the Councilmembers for their opinions on the variance request. Tyra-Lukens said establishment of a residence on a non-conforming property and setting a precedence which would be contrary to the Rural District area purpose and intent is the main issue for her. Butcher-Younghans said,with all the issues taken together she could not support this variance appeal. She has driven this road and believes it is dangerous. Even with the removal of brush from the roadside, she believes there is a high potential for accidents. She would uphold the Board of Appeals decision. Case said his concern would be development on the bluff. He would uphold the Board of Appeal's denial of the variance request. CITY COUNCIL AGENDA April 20, 1999 Page 11 Mayor Harris commended Mr.Ryan for the work he has done and issues he has addressed. She also commended the Staff for a much more complete report on the history and issues surrounding development of this parcel. This non-conforming parcel should not be developed at this time. She is concerned about the soils on the bluff and the possibilities of land erosion by providing self-service utilities there. However, safety and sight lines remain the issues that concern her the most. There is a problem in developing another access to this road at the present time. She supports the Board of Appeals decision to deny the variance request. MOTION: Case moved, seconded by Butcher-Younghans,based upon the foregoing findings in this document and the conclusions,that the decision of the Board of Appeals and Adjustments denying Variance#99-01 by Steven and Kimberly Noisi and/or Perry and Michelle Ryan is affirmed, consistent with the verbal amendment to Paragraph 3.A. Motion carried 4-0. XI. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Y2K Preparation Mayor Harris said she has received a number of queries relating to this city's preparedness for Y2K, or lack thereof. The City has been preparing for over a year and is in good condition at this time. The City has provided some preliminary information on its web site;however she suggested a number of other ways to do this. • Staff could schedule periodic reports at Council meetings to provide periodic updates on what is being done. • Ensure the City is getting information into its newsletters. • Illicit the support of the media to address the issues raised by residents. • Put information flyers in with the City's utility bills. • Put up a poster in the City Hall that would list where residents can obtain the information that the city is providing. • In November or December have a town hall meeting to let citizens know everything the City has done and provide information on what they can do to effect a smooth transition. • The League of Minnesota Cities has a whole library of material we can use to provide this information. Case said various governmental agencies are doing their test runs and doing press releases announcing that they are Y2K compliant. Eden Prairie should set a date to put out a press release stating the City is Y2K compliant, and all of the other vendors that serve the City have been certified as compliant. CITY COUNCIL AGENDA April 20, 1999 Page 12 Mayor Harris said the general public wants information that will put their concerns at rest. It should be left to the Staff how best to achieve this. The above are some suggestions. Uram said the amount of work involved in reaching Y2K compliance has been astronomical. Staff can provide general information to the public but it would take too much Staff time to respond with the minute technical details requested by some citizens. He said he would be prepared to make a presentation at a Council meeting in the near future regarding where the City stands on Y2K. 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 3UH. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said that the Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room 11. This will be scheduled time following City Council Workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time,it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Tyra-Lukens moved adjournment. Mayor Harris adjourned the meeting at 8:55 p.m.