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City Council - 06/01/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 1, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Jean L.Harris,Nancy Tyra-Lukens, Sherry Butcher-Younghans,Ronald Case, and Ross Thorfinnson,Jr. 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,Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Jean Harris was absent. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added Item XII.A.2.regarding the Arts Commission. MOTION: Thorfimson moved, seconded by Butcher-Younghans,to approve the Agenda as published and amended. Motion carried 4-0. A. SWEARING IN OF NEW POLICE OFFICERS Christopher Gary Wood and Todd Allen Groves were sworn in as the two newest officers in the Police Department by Tyra-Lukens. IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,MAY 18, 1999 MOTION: Case moved, seconded by Thorfinnson,to approve as published the Minutes of the City Council/Staff Workshop held Tuesday,May 18, 1999. Motion carried 4-0. APPROVED MRAJES June 1, 1999 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 18, 1999 MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve as published the Minutes of the City Council Meeting held Tuesday,May 18, 1999. Motion carried 4-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN ORCHARD by Orrin Thompson Homes. 2' Reading of the Ordinance for PUD District Review with waivers on 158.4 acres and Rezoning from Rural to R1-9.5 on 42.08 acres, and Rezoning from Rural to R1-13.5 on 77.07 acres, and Rezoning from Rural to RM-6.5 on 39.26 acres, and Adopt the Resolution for Site Plan Review on 39.26 acres, and Adopt the Resolution for EAW Review. Location: at Pioneer-Trail and Dell Road. (Ordinance 2-99-PUD-2-99 District Review and Rezoning and Resolution 99-77 for Site Plan Review and Resolution 99-78 for EAW Review) C. CHESTNUT APARTMENTS by BBY Chestnut Limited Partnership. 2nd Reading of the Ordinance for PUD District Review on 9.16 acres and Zoning District Amendment in the RM-2.5 District on 9.16 acres and Adopt the Resolution for Site Plan Review on 9.16 acres. Location: Chestnut Road and Anderson Lakes Parkway. (Ordinance 4-99-PUD-3-99 District Review and Zoning District Amendment and Resolution 99-79 for Site Plan Review) D. FARRELL/LAPIC ADDITION by Mike Farrell and Tom Lapic. 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.54 acres with variances to be reviewed by the Board of Appeals. Location: 12563 Sunnybrook Road. (Ordinance 8-99 for Zoning District Change) E. ADOPT RESOLUTION 99-80 AMENDING RESOLUTION NO. 98-213, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES F. APPROVE PLANS AND SPECIFICATIONS FOR SIGNAL AND INTERSECTION IMPROVEMENTS AT MITCHELL ROAD AND ANDERSON LAKES PARKWAY/SCENIC HEIGHTS ROAD (I.C.96-5397) (Resolution 99-81) G. APPROVE RESOLUTION 99-82 CALLING FOR A PUBLIC HEARING JULY 20, 1999, TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING(TM DISTRICT APPROVED MINUTES June 1, 1999 Page 3 Jeff Strate, 15021 Summerhill Drive,began to address the Council regarding Item V.B.,but Tyra-Lukens told him he would not be allowed to speak, as this is not a public hearing. Enger reported that Strate had sent him a request to take Item V.B.off the Consent Calendar, and to hold additional public testimony on it. Pauly was asked to comment on this request. He pointed out that the Environmental Quality Board rules for an Environmental Assessment Worksheet (EAW) allow for a comment period of 30 days.At the end of this time period,the City Council has from three days to 30 days to make a determination on whether to order preparation of an Environmental Impact Statement(EIS). The rules further state if Council thinks information presented in the EAW is not adequate, the Council can invoke an additional 30-day period to obtain additional information. So altogether the optimum period for review of the EAW and determination of requiring preparation of an EIS is 90 days. Applying those rules in this situation,the public comment period began November 16, 1998 and continued until December 16, 1998. The Council did not extend that period,but if they had,that comment period would have expired on February 15, 1999. This matter was taken under consideration by the Planning Commission on December 14, 1998, and again on January 11, 1999, and at the Council meeting on February 2, 1999. Because of the long period of time that has been available for public comment,and the responses Staff has given to those comments that were received,it would be inappropriate to extend the EAW/EIS process any further. Jeff Strate asked to comment on Pauly's remarks. He said the Council has not given final approval and can still change the plat. It is within the rules to not approve the plat at this meeting. Tyra-Lukens said this is not a public hearing and asked Strate to sit down. He did not and continued to talk. MOTION: Thorfimson moved, Butcher-Younghans seconded, to recess the Council meeting until Mr. Strate leaves. Motion carried 4-0. Tyra-Lukens recessed the meeting at 7:12 p.m. Tyra-Lukens called the meeting back into session at 7:17 p.m. Pauly addressed the question that was raised by Strate concerning the Council's authority to redraw the plat. The statute related to platting is the one that received preliminary approval by the Council. Once the conditions have been met,the proponent can request approval and the Council must approve it within 60 days. If the Council does not, it is approved as a matter of law. Therefore,the Council does not have discretion in modifying a plat once the preliminary plat has been approved. MOTION: Thorfimson moved, Butcher-Younghans seconded,to approve Items A-G on the Consent Calendar. Motion carried 4-0. APPROVED NUNUTES June 1, 1999 Page 4 Tyra-Lukens pointed out that,while she was opposed to the Eden Orchard project at the prior Council meeting for a variety of reasons,it was approved by a 5-4 vote,with conditions. All of those conditions were met by the proponent,and therefore she believes it is appropriate to approve the project. VI. PUBLIC HEARINGS/MEETINGS A. EAGLE PEAK by Luxus Corporation. Request for Zoning District Change from Rural to Commercial Regional Service on 1.92 acres,Preliminary Plat of 1.92 acres into one lot and Site Plan Review on 1.92 acres. Location:SW Corner of Plaza Drive and Valley View Road. (Ordinance for Zoning District Change and Resolution 99-83 for Preliminary Plat) Enger said that notice of this public hearing was published on May 20, 1999,in the Eden Prairie News and mailed to 13 property owners. Enger explained the project is for a convenience gas station including fast food and a car wash, located at the southwest corner of Valley View Road and Plaza Drive. The notice was published and neighbors notified. He asked the proponent to make the presentation. Tom Bole of Luxus Corporation said his development is in compliance with the City's ordinance and is following the Guide Plan for the intended use. Tyra-Lukens asked if he had obtained right-in,right-out access to County Road 39 from Hennepin County. Bole replied he has a right-in permit from the County at this time,and will present some traffic studies to the County for reconsideration of right- out access in the next week or two. Uram said the Planning Commission voted 5-0 to recommend approval ofthe project at its May 10 meeting. Tyra-Lukens inquired if anyone wished to address the Council on this project. William Beckstrum, 12650 Roberts Drive,expressed two concerns. One is the noise from the proposed car wash. This was partially addressed at the Planning Commission meeting,at which he was told they don't plan to be open 24 hours a day, but he still believes the noise will be significant. His second concern is night time noise coming from the development,such as tankers delivering fuel,delivery of store products,etc. The development is within 500 feet of his property,diagonally across from Suburban Chevrolet. Bole said the dryers he has purchased for the car wash will have noise reducers on them which should meet the City's noise ordinance. It isn't likely that his operation will be open 24 hours a day. He will be sensitive to residential concerns about noise. Paul Wild, 7337 Topview Road, expressed concern about the noise from the car wash. He is also concerned about the increase in traffic that will occur on Roberts APPROVED MINUTES June 1, 1999 Page 5 Drive. He has watched numerous violations of a stop sign on Roberts Drive, and fears that there will be more violations with an increase in traffic. Uram said the noise levels can be monitored for compliance with the City's Noise Ordinance. MOTION: Thorfinmon moved,seconded by Case,to close the public hearing;and approve 1" Reading of the Ordinance for Zoning District Change from Rural to Commercial Regional Service on 1.92 acres, and adopt Resolution 99-83 for Preliminary Plat on 1.92 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staffrecommendations. Motion carried 4-0. B. OAKVIEW OFFICE by Mount Properties. Request for Planned Unit Development Concept Amendment on 3.76 acres of the overall Technology Park PUD,Planned Unit Development District Review with waivers on 3.76 acres,Zoning District Amendment within the Office Zoning District on 3.76 acres, and Site Plan Review on 3.76 acres. Location: 7765 Golden Triangle Drive (Resolution 99-84 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Enger said that notice of this public hearing was published on May 20, 1999,in the Eden Prairie News and mailed to 22 property owners. Enger said this project is to construct a 32,000-square-foot, one-story walkout office building located at 7765 Golden Triangle Drive. He asked the proponent to present the proposal. Bob Solfelt, a partner in Mount Properties who lives at 10508 Bluff Road,said they are seeking approval of the Oakview office building. The project is on 3.76 acres of land. The U.S. Army Corps of Engineers and Watershed District issued permits for wetland alteration in 1998 for a 50,000 square foot office building on this site. A similar amount of wetland alteration is proposed as in the 1998 approval,with on-site wetland mitigation. The Watershed District has informally approved the project and will vote on it at their next meeting. The Corps of Engineers is reviewing it and approval is expected within two weeks. Uram stated this project has less impact on the overall site than the previous approvals. Waivers in the Shoreland Management section of the City Code are required for building setback,impervious surface,and alteration in the 75-foot Shore Impact Zone. Staffrecommends approval of the project,subject to the Staff Report. Plans have been revised based on the Staff Report recommendations. The Planning Commission recommended approval of the project,as did the Parks and Recreation Commission. Enger said the Staff Report states that a Travel Demand Management plan will be prepared for the development prior to building permit issuance. APPROVED M NUTES June 1, 1999 Page 6 Tyra-Lukens asked if anyone wished to address the Council. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinmon, to close the public hearing; and adopt Resolution 99-84 for PUD Concept Amendment on 3.76 acres of the overall Technology Park PUD;and approve 1st Reading of the Ordinance for PUD District Review with waivers on 3.76 acres and Zoning District Amendment within the Office Zoning District on 3.76 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staffrecommendations;and direct Staff to issue a land alteration permit for the Mount Properties to proceed with grading at their own risk and subject to receipt of necessary permits from the Watershed District and U.S. Army Corps of Engineers. Motion carried 4-0. C. LINCOLN PARC by Hartford Financial Services. Request for Guide Plan Change from Regional Commercial to Community Commercial on 4.83 acres,Planned Unit Development Concept Review on 4.83 acres, Planned Unit Development District Review with waivers on 4.83 acres, Zoning District Change from Rural to Community Commercial on 4.83 acres,Preliminary Plat on 4.83 acres into 1 lot and Site Plan Review on 4.83 acres. Location: Eden Road and Singletree Lane. (Resolution 99-85 for Guide Plan Change, Resolution 99-86 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change'and Resolution 99-87 for Preliminary Plat) Enger said that notice of this public hearing was published on May 20, 1999,in the Eden Prairie News and mailed to 28 property owners. Enger said this project is located at the corner of Eden Road and Singletree Lane adjacent to the water tower, and consists of a mixed use of 186 rental apartment units and up to 20,000 square feet of offices and retail. He asked the proponent to make his presentation. Bill Griffith, 1500 Norwest Financial Center, representing Hartford Financial Services,said this project would enhance the City Center and Market Center area of the City. The project received support from the Planning Commission for 60 percent brick on the exterior to allow greater use of stucco. However, they are willing to meet the City Code standard of 75 percent brick if the Council wishes. There has been a change in the roofline since the Planning Commission meeting to achieve an urban streetscape feel to the structure. The developer has worked with City Staff for approximately six months and expressed appreciation for the input of Staffto make it a better proj ect. The mixed-use development creates a village style development.In providing a variety of uses,there is the ability to stagger trips on the roadway,thereby reducing the amount of travel on the roads and allowing for better use of public infrastructure. There will be an outdoor plaza area and a sidewalk to services and storefront shops.Indoors there will be conference rooms,a business service area and exercise facilities. Mr. Brandt of Hartford Financial Services worked with surrounding businesses to gauge their support for the project, and they have shown enthusiasm for it. In response to Thorfinnson's question, Griffith said if not all APPROVED MINUTES June 1, 1999 Page 7 20,000 square feet of storefront offices and retail are rented, they will build a minimum of 12,000 square feet on the south front only. Uram said a number of waivers are required,including a building height from 40 to 54 feet,Base Area Ratio from.20 to .29,Floor Area Ratio from.40 to 1.17,exterior materials from 75%brick and glass to 60%brick and glass/40%stucco,impervious surface from 30%to 44%in a shoreland area,and density from 17.4 to 38.5 units per acre. The Planning Commission approved the waivers,but Staff recommended not allowing a waiver in the amount of brick. Case inquired if the appearance of stucco could be accomplished by a different color of brick. Griffith responded it could; a variety of colored brick can be used. Case said there is a turn-of-the century icehouse on the back of this property. Enger responded he would check to see if John Gertz was alerted to the existence of this icehouse. Thorfinnson inquired if there are any affordable housing units included in this project. Uram responded TIF funding has been requested to provide 46 affordable housing units. Lambert said the Parks and Recreation Commission voted 5-1 to recommend approval of the project. MOTION: Butcher-Younhans moved,seconded by Thorfinnson,to close the public hearing; and adopt Resolution 99-85 for Comprehensive Guide Plan Change from Regional Commercial to Community Commercial on 4.83 acres; and adopt Resolution 99-86 for PUD Concept Review on 4.83 acres of the 23 acres Market Center Planned Unit Development; and approve lst Reading of the Ordinance for PUD District Review on 4.83 acres and rezoning from Rural to Community Commercial on 4.83 acres;and adopt Resolution 99-87 for Preliminary Plat on 4.83 acres into one lot;and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case,to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Butcher-Younghans, Case, Thorfinnson and Tyra-Lukens voting"aye." VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REOUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS APPROVED MINUTES June 1, 1999 Page 8 A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said the Metro Transit Commission met on May 27 and discussed the results of the legislative session and the impact it would have on transit. The Metropolitan Council did not get the amount of bonding authorization it was seeking. The Council received$36 million out of the$52 million requested. Representatives of Suburban Transit Association ensured the amounts were allocated proportionately. The Legislature did eliminate the transit zones, but this has little impact on Southwest Metro Transit and Eden Prairie.In addition,the Commission is working on the Capital Improvement Program. The local levy agreements are up for approval. The Commission is proceeding to get the garage ventilated according to City Code, and also is working to develop the site,with the west side probably being developed first. XI. APPOINTMENTS XH. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manager Performance Management Program Butcher-Younghans presented the report for Tyra-Lukens and herself. She said the City Manager Performance Management Program has been revised to reflect the City's Strategic Initiatives and the recently implemented annual merit bonus plan. With the completion of City Council Strategic Initiatives and Strategic Plan,they revisited the Manager's Performance Evaluation and updated it to reflect the City's new direction. The new system combines use of the three-way evaluation questionnaire used in the past that involves City Staff,Council and community members. It added a second evaluation piece that is based on performance objectives. The performance objectives focus on the four strategic initiatives, the two-year strategic plan and the City financial and service goals. Each Councilmember will participate in the performance objective evaluation by completing a year-end evaluation based on the results submitted by the City Manager. The results of the evaluation questionnaires will then be combined with the performance objectives results,and a summary evaluation will be completed and shared with the City Council. Twice the weight will be given to the performance objectives results as to the evaluation questionnaire results. The summary ratings will then reflect the merit bonus that the City Manager can achieve. They will continue to use the City Council performance team,as has been done in the past,for these two pieces of evaluation. APPROVED MINUTES June 1, 1999 Page 9 2. Arts Commission Thorfinuson said he is concerned about several items in the minutes of the Arts Commission meeting of April 20, which indicate it is heading in a direction that is outside of the City's Strategic Initiatives,the goals that were set as outcomes from the forum, and discussions with Staff and others. He would like to request that the Arts Commission attend the Council meeting on July 6 to discuss this. Enger said he will have the Staff representative and a representative from the Arts Commission at the July 6 meeting. B. REPORT OF CITY MANAGER Enger said a report on Y2K preparation is scheduled for the City Council Workshop on June 15. As this presentation was given at the May 18 City Council meeting,and because two Councilmembers will be absent,as well as some Service Area Directors, he suggested that the workshop on June 15 be canceled. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, approval of canceling the workshop on June 15. Motion carried 4-0. 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 XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Tyra-Lukens said the Council Forum will be held the first and third Tuesdays of the month from 6:30 p.m.-6:55 p.m. in Heritage Room lI. This will be scheduled following the 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. APPROVED MINUTES June 1, 1999 Page 10 Enger added the Council adopted, at its February 26 meeting,items appropriate for presentation and for the purpose of discussion,which are: • Items that need City Council attention,which cannot be addressed by staff • Items that have not or are not scheduled to be addressed at a regular City Council meeting • Items that are brief in nature(5-10 minutes) • Items have been scheduled with the City Manager for presentation by noon on the date of the meeting XIV. ADJOURNMENT MOTION: Thor$nnson moved,seconded by Butcher-Younghans,to adjourn the meeting. Tyra-Lukens adjourned the meeting at 8:10 p.m.