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City Council - 07/06/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 6, 1999 7:00 PM, COUNCIL CHAMBER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson,Jr.,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 Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Jean Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to approve the agenda as published. Motion carried 4-0. A. INTRODUCTION OF AMY I LOBUCHAR,HENNEPIN COUNTY ATTORNEY'S OFFICE Amy Klobochar,the County Attorney, is implementing a plan to provide a liaison between her office and the Eden Prairie Police Department. She introduced Nancy McLean, a senior attorney in the County Attorney's Office, as the liaison. Mayor Harris expressed appreciation for this move to improve communication between the County and the City's Police Department. IV MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 1999 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve as published the minutes of the City Council Meeting held Tuesday, June 15, 1999. CITY COUNCIL MINUTES July 6, 1999 Page 2 Motion carried 3-0, with Mayor Harris and Councilmember Thorfinnson abstaining. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE MALL THEATERS by General Growth Properties. 2" Reading of the Ordinance for Planned Unit Development District Review on 10 acres and Zoning District Amendment in the Regional Commercial Zoning District on 10 acres and Adopt the Resolution for Site Plan Review on 10 acres. Location Eden Prairie Mall. (Ordinance 10-99-PUD-7-99 District Review and Zoning District Amendment and Resolution 99-93 for Site Plan Review) C. HALLETT ADDITION by Centex Homes. 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-13.5 on 18.84 acres with waivers. Location: South of Pioneer Trail at Braxton Drive, north of Cedarcrest Drive. (Ordinance 11-99-PUD-8-99 District Review and Zoning District Change) D. PILLSBURY ADDITION by Pillsbury. 2"Reading of the Ordinance for Planned Unit Development District Review on 8.25 acres with waivers and Zoning District Amendment in the I-2 Zoning District on 8.25 acres and Adopt the Resolution for Site Plan Review on 8.25 acres. Location: Northwest corner of Highway 5 and Mitchell Road. Ordinance 12-99-PUD- 9-99 District Review and Zoning District Amendment and Resolution 99- 94 for Site Plan Review) E. OAKVIEW OFFICE by Mount Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.76 acres and Zoning District Amendment within the Office Zoning District on 3.76 acres and Adopt the Resolution for Site Plan Review on 3.76 acres. Location: 7765 Golden Triangle Drive. (Ordinance 13-99-PUD-10-99 for Planned Unit Development District Review and Zoning District Amendment and Resolution 99-95 for Site Plan Review) F. EAGLE PEAK by Luxus Corporation. 2nd Reading of the Ordinance for Zoning District Change from Rural to Commercial Regional Service on 1.92 acres and Adopt the Resolution for Site Plan Review on 1.92 acres. Location: SW Corner of Plaza Drive and Valley View Road. (Ordinance 14-99 for Zoning District Change and Resolution 99-96 for Site Plan Review) CITY COUNCIL MINUTES July 6, 1999 Page 3 G. RESOLUTION 99-97 APPROVING FINAL PLAT OF FARRELL- LAPIC H. APPROVE CHANGE ORDER NO. 6 FOR WATER TREATMENT PLANT EXPANSION,I.C. 94-5350 I. RESOLUTION 99-98 RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING FOR LINCOLN LANE STREET AND STORM SEWER IMPROVEMENT,I.C. 52-196 J. AUTHORIZE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH STS CONSULTANTS, LTD. FOR THE 1999 BOG-MONITORING PROGRAM AT THE BEARPATH GOLF AND COUNTRY CLUB K. RESOLUTION 99-99 APPROVING SALE OF PROPERTY TO THE PILLSBURY COMPANY L. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FROM WESTWOOD PROFESSIONAL SERVICES,INC.FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF A TEMPORARY TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAHWSTARING LAKE PARKWAY/FLYING CLOUD BALL FIELD,I.C. 99-5497 M. APPROVE PURCHASE OF TOUCH TONE REGISTRATION SYSTEM FOR PARKS AND RECREATIONAL SERVICES N. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT TO BID FOR CITY CENTER REMODEL Tyra-Lukens inquired,with regard to Item M,purchase of a touch-tone registration system for Parks and Recreational Services, if an analysis was done to see if this system would save money over time. Lambert replied it is probably not going to save money but will improve service to the public, as they will be able to register people 24 hours a day. Tyra-Lukens asked Enger how the City Center remodeling was budgeted in 1999. Enger responded the Council budgeted$100,000 for hard costs for remodeling, and there are costs associated with overtime and interior landscape of about that same amount. MOTION: Case moved, seconded by Butcher-Younghans,to approve Items A-N on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS CITY COUNCIL NHNUTES July 6, 1999 Page 4 A. JOINT PUBLIC HEARING OF THE EDEN PRAIRIE CITY COUNCHl AND HOUSING REDEVELOPMENT AUTHORITY FOR THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15 EDEN SHORES SENIOR HOUSING. This project is located east of Highway 212 at Fountain Place. The site is 11.5 acres in size and the developer is requesting a Guide Plan change from low density residential and neighborhood commercial to neighborhood commercianigh density residential. Mayor Harris convened the HRA meeting. MOTION: Thorfinnson moved, seconded by Case,to open the public hearing. Enger said this item is related to a zoning request that was before the May 24, 1999 Planning Commission as well as the TIF request. The Planning Commission approved the TIF request,but continued(and approved)the rezoning at their June 14, 1999 meeting. Official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News. Enger said Staff is recommending that the public hearing be continued so the Council and HRA can take action on both the rezoning and TIF request at the same time. Staff continued to process the TIF request after it was approved by the Planning Commission by publishing it for a July 6, 1999 public hearing. To avoid any awkwardness in considering the TIF plan prior to reviewing the project plans, Staff recommends continuing the TIF hearing until July 20, 1999. All related reports and resolutions will be provided in the July 20 Council packets. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to continue the public hearing of the Eden Prairie City Council and the Housing Redevelopment Authority to consider establishing TIF District #15 for the proposed Eden Shores senior housing project located at TH 212 and Fountain Place Road to the July 20, 1999 City Council meeting. Motion carried 5-0. MOTION: Thorfinnson moved,seconded by Butcher-Younghans,to close the HRA meeting. Motion carried 5-0. B. NORTH BLUFFS by Laukka-Jarvis. Request for Planned Unit Development Concept Review on 60.69 acres, Planned Unit Development District Review on 60.69 acres with waivers, Rezoning from Rural to R1-13.5 on 60.69 acres, and Preliminary Plat of 60.69 acres into 108 lots. Location: West of Homeward Hills Road and north of Silverwood. (Resolution 99-100 for PUD Concept Review, CITY COUNCIL AI MUTES July 6, 1999 Page 5 Ordinance for PUD District Review and Rezoning and Resolution 99-101 for Preliminary Plat) Enger reported that official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 89 property owners. Peter Jarvis of Laukka-Jarvis explained this site is part of the 1979 Planned Unit Development called Bluffs West 2' Addition for a mixture of single family, duplexes, quads and apartment-condominiums. The 60.69 acres are to be subdivided into 108 single-family lots at a density of 1.77 units per acre. The property is bounded by Pioneer Trail, Homeward Hills Park, and the former landfill. The landfill is between 900-1400 feet west of the site. The centerline of the proposed runway expansion for Flying Cloud Airport is 2000 feet to the west. The entire property slopes from southwest to northeast down to the wetland area, but not including it. The wetland area forms a buffer along the easterly line of the development. Jarvis said this would be a phased development. Phase I consists of 56 lots. All of the lots meet the City's lot size and street frontage requirements of the R1-13.5 zoning district. A basic variance is being asked for the length of the cul de sac. They are proposing to build sidewalks on one side of every street,including the cul de sac. Laukka-Jarvis is asking the Council for approval of the preliminary plat. In consultation with Staff,the developer decided not to come in for approval of final development and final engineering drawings,to give MAC time to make their policy decision in terms of expansion of the airport. Staff recommended approval of this project, as well as the Planning Commission and Parks and Recreation Commission. In answer to a question from Case about the wetland,Jarvis said the wetland does not touch the development,as the lots end at the Homeward Hills Park property line. If the City ever wanted a stronger connection between the park and the proposed development,Laukka-Jarvis is dedicating to the City one-half acre,from the present buffer about 100 feet to the west of the Tree Farm subdivision. They are dedicating a triangular area and another 150 feet,up to the end of the cul de sac. Uram said the developer has prepared a phasing plan, similar to Riley Creek Ridge, with phase one outside of the safety zones for the expanded airport. This would allow part of the site to develop while at the same time give MAC the opportunity to consider purchasing the property. The developer has met most of the City's requirements, except for the length of the cul de sac. The Planning Commission approved the waiver of that request at their May 24 meeting and recommended approval of the project. Most of the property is in Noise Zone D at the present time. The Metropolitan Council is the process of amending the existing noise zone map for all reliever airports and this should be completed in the next 60 days. This change will cause only six lots to be within a conditional land use noise zone. CITY COUNCIL MINUTES July 6, 1999 Page 6 However, if the airport does expand, the safety and noise zones would apply. If Metropolitan Council adopts a new noise zone map based on an expanded airport, noise zones will affect all of the property. There are 2 proposed lots in Safety Zone A and 28 proposed lots in Safety Zone B. Thorfinnson inquired what would be done with regard to educating potential buyers about the landfill and the airport. Jarvis replied he believes his company is obligated by the Metropolitan Council to disclose the potential noise factor from the airport, and also about the landfill, and he intends to include two disclosure statements in the sale documents. Thorfinnson said he would like to see that those disclosures become part of the recording of the property before it is sold. Case also said he would like to see disclosure of the potential zoning for the airport. Jarvis replied that in Phase 1, Safety Zone A affects one full lot and portions of two others. Case said a worst-case scenario is that Jarvis decides to build Phase 2 before MAC makes a decision about expansion of the airport. He would like to know what disclosure would be given the people who buy a lot in what may become Zone B. Mayor Harris said the concerns about disclosure statements are well founded. The airport situation is an unknown factor. Perhaps Council would want to include this among its provisions for approval of the development. Tyra-Lukens said she would suggest putting up a sign on the property stating the airport issue so that people considering purchase of a lot will be aware of the possibilities. Jarvis said such a sign could tell potential buyers to check with the builder or with Laukka-Jarvis. Many of the neighbors surrounding this property thought this was going to be permanent open space. He said his communication is with the builders but the builders don't always pass along the communication. Rosow said if you rely on a statement that the developer gives to the builder, you can't always rely on this being given to the property owner. You can't rely on a sign on the property. If the developer doesn't have a covenant,he could still have a statement that the owner of the property files with the record that this property is within a landfill and airport area. Further,you will see that notice as part of the title issuance and the prospective buyer of a lot can back out of the purchase at that point. In the purchase of a lot that procedure is done quite early. Case said he would like to see a conservation easement for the wetland. Mayor Harris asked if anyone wished to address the Council on this development. Richard Schwenkel, 10112 Englewood Drive, said he lives directly south of Homeward Hills Park. He asked what the City, County, or State would be doing to CITY COUNCIL MINUTES July 6, 1999 Page 7 handle the additional traffic that will be generated as a result of building 100 units. He described the situation at the intersection of Homeward Hills Drive and Pioneer Trail where there has been a steady increase in traffic on the north-south route. This is almost the only outlet south of Pioneer Trail. He inquired if there are any plans to put left-turn and right-turn lanes at that intersection, and if there are any plans to get egress from the proposed development to the north. Dietz responded he believes the improvement to upgrade Pioneer Trail to a four-lane facility,in conjunction with the County,will help to relieve the traffic problem, and there will be a permanent signal installed at Homeward Hills Road along with a left- turn and right-turn lane. In addition, the City and County are working on a long- standing project to provide another outlet to the east on Riverview Road. Both of these projects are somewhat controversial. Although it has been delayed, the County believes a bid opening for the upgrade to Pioneer Trail could take place in August. The Council has approved that project and fully expects it will be implemented. Rick Taylor, 10283 Winter Place,said he lives immediately to the southwest of the development. He expressed concern about delaying the improvements on Pioneer Trail because the traffic will increase with development of the North Bluffs project. Dietz said the County believes they still might have a bid opening in August. Most of the work will begin next year and it will be a two-year project(2000-2002). Chris Morton, 12726 Sandy Point Road,said her property is located adjacent to the first phase of the project. When she bought her lot she was told the area behind the lot would never be developed, and didn't know that it was zoned residential. She was in attendance at the Planning Commission meeting,where the commission told Peter Jarvis to hold a neighborhood meeting to inform the neighbors about the North Bluffs project. She said she took it on herself to schedule a neighborhood meeting to which Mr. Jarvis was invited.The result of the meeting was to ask the developer to plant a buffer of trees between their lots and the new development. They also discussed covenants. Covenants in her neighborhood prohibit the construction of chain-link fences. Those at the meeting want the new development to have the same covenants. Mr. Jarvis said the new lots would not have covenants. Kim Klenner, 12672 Sandy Point Road, reiterated what Chris Morton said. The proposed lots on the top of the bluff are extremely close to the back of the lots on Sandy Point Road,and they would like the developer to create a natural buffer. The purchasers of the new lots would probably also want buffers. Mark Ryan, of the Metropolitan Airports Commission, said he would like to reiterate a statement they presented to the Planning Commission with regard to changing the zoning from rural to single-family residential. The existing aircraft flight patterns are right over this development, so developing that area to single- CITY COUNCIL MINUTES July 6, 1999 Page 8 family residential would be inconsistent with Metropolitan Council's land use compatibility guidelines and recent planning efforts. The best way to prevent future land-use problems is to through preventive maintenance and this is certainly a fine example of some kind of preventive land-use controls. One of the issues brought up earlier that outdoor use by property owners may be affected by aircraft, some of these areas are and will continue to be affected by the aircraft patterns. It will create more problems for the citizens and the City itself. Case told Mr.Ryan that the solution to this would be for the MAC to buy the land. The MAC needs to zone this as Safety Zone B. Mr. Ryan responded that the City was approached by MAC in 1982 to develop airport zoning around the airport. A model zone was developed by the airport and there was one public hearing. The City decided not to carry it any further. Enger said the City attorney advised the City Staff not to adopt a joint airport zoning board because the City would be taking on liability that was caused by MAC. In intervening years,on dozens of occasions, the City Staff has appeared before the Metropolitan Council telling them this was a dilemma that was going to occur, and that the City believes that MAC, the Metropolitan Council, or MnDOT also is empowered under state law to enact the joint airport zoning board. However, each of these bodies has declined to take on this responsibility. The City's view is that the airport is creating impacts off of land that they own, and if the regulatory authority that creates a liability by keeping and denying use of that land,then the regulatory authority that decides to enact the zone should be the one that takes responsibility for creating the impact. In the City's view,that would be the Metropolitan Council,MnDOT or MAC,but each of these bodies has denied that responsibility on more than one occasion. Butcher-Younghans said there is no question this land is privately held and there are many people who have chosen to live in this area. Since MAC isn't coming forward to purchase the land,people should have the option to purchase it. Mayor Harris said the developer's proposal to do this project in a phased manner speaks to the uncertainty of what happens with redefinition of Zones A and B. The fact he is proposing to develop what would be in Noise Zone D allows him to move forward with the development, while MAC decides whether they are going to redesignate these zones. At this point,whereas we would agree there may be some impact,the discussion in the workshop has led her to feel more comfortable that the impact will be no greater than if MAC doesn't redesignate or redefine the safety zones, even though the traffic does increase at the airport. Ryan said, in terms of the phasing of the development, the Flying Cloud EIS will not be completed until October 2000, so possibly there could be some negotiations to extend that time frame, and MAC would be willing to talk to the developer about this. CITY COUNCIL NIINUTES July 6, 1999 Page 9 Robert Adair, 12654 Sandy Point Road,said he did a lot of research before building their house at this location. He contacted the City and was told there was no plan to develop the area behind his lot. He and the neighbors picked their lots because of the bluff behind them. He believes the people who buy lots in the new development should have full disclosure from the builder before they buy the lots. He would like to be assured at this time that there would be trees planted as a buffer between the old and new developments. He is also concerned about water run-off when the contractor digs into the hill in the new development. Laura Bluml, 10540 West Riverview Drive, said she lives one mile away from the new development area and walks in this area. She has no objection to the development of this area. She understands people's concerns bordering this area, however. She is more concerned with differentiation between the private and public parklands and whether there will be a physical buffer where the lots butt up against the park. The hope is that people don't take the public land and use it as their own by dumping grass clippings on it, trample the property, etc. The drainage is a problem along the path that leads from the north end of the park through to the park buildings. It is flooded even after light rains and she would like to have the drainage in this area looked into. She is also concerned about need for a vehicular traffic management review at the intersection of Silverwood Drive and Homeward Hills Road. Homeward Hills is the only way north out of this area. Riverview Road is the only way out of this area to the south. She also expressed concern about the speed limit of 35 mph along Homeward Hills Road right outside the park,whereas the rest of the road is 30 mph. She would like to see this looked into and also more enforcement of the speed limit along this road and driving through stop signs. Another concern is that there is a partial sidewalk on the north side of Silverwood. She wondered if that sidewalk is going to be extended. The north side is never plowed in the winter and the children from the park who have to cross Silverwood are in danger from the traffic coming around the corner. There were no other persons wishing to speak to the Council. MOTION: Butcher-Younghans moved,Thorfinnson seconded,to close the public hearing. Discussion followed. Butcher-Younghans wanted clarification of the agreement of the buffer from the existing neighborhood to the proposed development. Jarvis responded that he was asked to plant the same kind of buffer that exists between their neighborhood,which is known as Parcel C, along the rear lot lines at the south boundary of this parcel up against the north boundary of Parcel B, which are the lots on the north side of Riverview Road. Those consist of spruce trees 8 feet-10 feet high, approximately 16 feet-18 feet on center staggered for roughly 1000 feet, which is the common boundary to this parcel. He agreed to plant this same type of buffer between the existing development and the new development at the neighborhood meeting recently. CITY COUNCIL ME UTES July 6, 1999 Page 10 Mayor Harris said the change to the plans could be done before the second reading is approved. Butcher-Younghans expressed concern about how to do the disclosure without the hardship of buying a lot and building a house before finding out. Rosow said he would look into this before the next meeting. He will review enabling legislation to see if it would be appropriate for the Council to adopt a disclosure ordinance that states there must be disclosure or the buyer can cancel the agreement to buy the lot. However,a buyer wouldn't want this to be disclosed after the house is built. There was further discussion on having one condition that no chain link fences be allowed,as this seemed to be the one the neighbors mentioned specifically. Rosow said authority could be given to the individual property owners to bring suit if a fence were built. Tyra-Lukens wondered if the screening by trees would make a chain link fence unnecessary. Thorfinnson said he believes it is a matter of discretion for the Council, as the City has authority over matters that involve aesthetics. However, the developer has heard the concerns of the adjoining neighborhood and might be willing to put in one covenant regarding the building of chain link fences. Case commented on the wetland area. The Council has tried to be very conscious of encroachment on the park and protecting lands the City needs. He would like to see the wetland area cut off and protected for a community outlot or conservation easement, as he is concerned about encroachment on Homeward Hills Park. Thorfinnson said he would like to use a conservation easement for this purpose and would like to see the boundary of the park and of the wetland clearly delineated with wetland markers. MOTION: Tyra-Lukens moved,Butcher-Younghans seconded,to close the Public Hearing and adopt Resolution 99-100 for PUD concept review on 60.99 acres; and approve ls`Reading of the Ordinance for PUD District Review with waivers and Rezoning from Rural to R1-13.5 on 60.69 acres; and adopt Resolution 99-101 for Preliminary Plat of 60.69 acres into 108 lots; and direct staff to prepare developer's agreement incorporating commission and staff recommendations including additional landscaping along the southern boundary as agreed to by the developer; a conservation easement along the lots abutting Homeward Hills Road, and delineation with wetland markers along the wetland; and before a second reading a workable method of dealing with the disclosure issues. Motion carried 5-0. MOTION: Case moved, seconded by Thorfinnson, to grant an early grading permit for Phase 1 of the project to Laukka-Jarvis, at their own risk. Motion carried 5-0. CITY COUNCIL MINUTES July 6, 1999 Page 11 At 9:00 p.m. the Council took a recess until 9:15 p.m. C. FLYING CLOUD CORPORATE CAMPUS PHASE H by Liberty Property Trust. Request for Planned Unit Development Concept Review on 32.05 acres, Planned Unit Development District Review on 24.87 acres with waivers, Rezoning from Rural to Office on 24.87 acres; and Site Plan Review on 24.87 acres. Location: Between Columbine Road and Highway 212, south of Anderson Lakes Parkway. (Resolution 99-102 for PUD Concept Review, Ordinance for PUD District Review and Rezoning) Enger said official notice of this public hearing was published on June 24, 1999,in the Eden Prairie News and sent to 314 property owners. It was not reviewed by the Parks and Recreation Commission. He asked the proponent to come forward. John Gatttuso, Senior Vice President of Liberty Property Trust, said his company was granted approval of the first phase of this project a year ago for a 60,000 square foot office building. At that time, a site plan review and rezoning on southernmost 7.2 acres was approved. The first phase office structure will be completed in August. Liberty Property Trust is proposing to develop the remaining five,single-story office buildings totaling 219,600-sq. ft. in three phases. A trail and sidewalk system will be developed throughout the corporate campus with connections to the existing trail on Columbine Road. Uram said the Planning Commission voted 5-0 to recommend approval of the project to the City Council at the May 24, 1999,meeting. Construction of the traffic signal at Columbine Road and Anderson Lakes Parkway needs to be completed. A waiver from one allowed sign per frontage to two signs allowed along Columbine Road is requested since no signs will be located on Anderson Lakes Parkway and there are two entrances in excess of 300' apart on Columbine Road. Melody Mayer lives across the street from the proposed project. In the past there has been traffic from two office buildings but she is concerned about additional traffic that will be going right in front of the homes, and wondered if it could be rerouted. Right now there are 1500 to 2000 cars per day going through Columbine Road. Dietz responded this was the way it was planned. There are two outlets off Columbine, and Anderson Lakes Parkway provides an additional access to T.H.212. This was constructed to accommodate these traffic volumes. The speaker asked why the traffic couldn't be routed right onto TH 212, as most people want to get onto that roadway. Dietz responded the more interruptions you have in traffic, the less capacity the roadway has. This was part of the approval process when the project came through originally. Routing through intersections where traffic can be controlled and prevent a bottleneck is MnDOT's goal. He doubted if MnDOT would approve additional access onto the roadway. CITY COUNCIL MINUTES July 6, 1999 Page 12 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the public hearing. Discussion followed. Case said the original project for that area called for up to 800 townhomes, so there would have been more traffic if that many had been built. The way it developed,half are homes and half office complex,which appears to be a better use of the property. Thorfinnson said the Council approved direct access onto T.H. 212, but MnDOT rejected this. Tyra-Lukens said she appreciated the Planning Commission stipulation that there has to be a signal at the intersection. She inquired if it will be completed in August. Dietz responded he believed the project began that day after a four-week delay. Gattuso interjected that intersection widening in all four directions is involved. The traffic regulatory signs will be put up July 7. The signals were ordered,but changes were made at the request of the City,which will delay the project until late in August. Tyra-Lukens said it appeared there were not many trees on the plan, in terms of caliper inches. Gattuso responded that most of the trees are a buffer from the residential area. There will be a small putting green, so it would be difficult to find a place for more plantings. They will try to have as much berming as possible along Columbine Road. Case said he would like to see that done as soon as possible, and also requested a mix of deciduous and evergreen trees. This would also help with nighttime traffic concerns. MOTION: Thorfinnson moved, seconded by Case,to adopt Resolution 99-102 for PUD Concept Review on 32.05 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and rezoning from Rural to Office on 24.87 acres and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including Traffic District Management (TDM). Motion carried 5-0. MOTION: Thorfinnson moved,seconded by Case,to grant an early grading permit to the developer at his own risk. Motion carried 5-0. D. RDA CENTER(LUNDS)by RDA Advisors. Request for PUD Concept Review on 6.2 acres,Planned Unit Development District Review with waivers on 6.12 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 6.12 acres and Preliminary Plat of 6.12 acres into 2 lots. Location: Southeast corner of Prairie Center Drive and Franlo Road. (Resolution 99-103 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 99-104 for Preliminary Plat) Enger stated official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 70 property owners. There was no review by the Parks and Recreation Commission. He asked the proponent to make a CITY COUNCIL MINUTES July 6, 1999 Page 13 presentation. Lee Stedman,Eden Prairie resident and President of Realty Development Advisors. He wants to create two lots by subdividing one lot currently containing the Lunds building and a small commercial building. The Lunds building will be located on proposed lot 1 (4.42 acres) and the commercial building on proposed lot 2 (1.70 acres). Tyra-Lukens asked if there are developers or owners interested in purchasing the Lunds building separately from the rest of the center. Stedman said no; the Lunds building also includes the rest of the development on it,which is on one parcel. In order to buy Lunds, a buyer would have to buy the small building with tenants in it. He is trying to make it available to purchase separately by subdividing the property into two parcels, and the person who bought it could be on the separate parcel. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 99-103 for PUD Concept Review on 6.12 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and adopt Resolution 99-104 for Preliminary Plat on 6.12 acres into two lots. Discussion followed. Tyra-Lukens stated when signage was originally approved the Council approved signage based on the entire site. Uram responded perhaps shared signage of the type there now would be appropriate, or two signs commensurate with the sign ordinance laws. Jean Johnson said Lunds Center did have a variance for the pylon sign. If division into the two lots occurs, two lots would be entitled to two freestanding pylons. Councilmembers Case and Tyra-Lukens agreed to this as long as it complies with the code. Motion carried 5-0. E. STAHL ADDITION by Jerry Stahl. Request for Zoning District Change from Rural to R1-13.5 on 2.58 acres and Preliminary Plat of 2.58 acres into 2 single-family lots. Location: 9905 Bluff Road. (Ordinance for Zoning District Change and Resolution 99-105 for Preliminary Plat) Enger said official notice of this public hearing was published on June 24, 1999,in the Eden Prairie News and sent to 58 property owners. He asked the proponent to make his presentation. Jerry Stahl explained that he and his aunt own 2.58 acres at 9905 Bluff Road. He is seeking Council approval to rezone the 2.58-acre lot into two single-family lots. His CITY COUNCIL MINUTES July 6, 1999 Page 14 aunt will live in an existing home on proposed Lot 2,while he will build a house on the other lot. It is currently zoned rural and he is requesting this be changed. The Planning Commission voted 6-0 to recommend approval of the project at its May 24, 1999 meeting. The Parks and Recreation Commission did not review this project. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the Public Hearing; and approve 1'Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 2.58 acres; and adopt Resolution 99-105 for Preliminary Plat of 2.58 acres into 2 single family lots; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. F. VACATION 99—05 DRAINAGE AND UTILITY EASEMENTS OF LOTS 1 THROUGH 5, BLOCK 2, BEARPATH TRAIL ADDITION (Resolution 99- 106) Enger said the Developer has requested this vacation to remove the underlying easements from the plat of Bearpath Tenth Addition, approved by the City Council on May 18, 1999. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing and adopt Resolution 99-106 vacating the drainage and utility easements as platted over Lots 1 through 5,Block 2,Bearpath Trail Addition. Motion carried 5- 0. G. VACATION 99—04 DRAINAGE AND UTILITY EASEMENTS OF LOTS 1 AND 2,BLOCK 1,SHADY OAK BUSINESS CENTER(Resolution) Enger explained the property owner has requested this vacation to avoid potential ` title problems resulting from the construction of a building over the common lot line. The easements are not needed by the City in this location. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the public hearing and adopt Resolution 90-107 vacating part of the drainage and utility easements over Lot 1 and 2,Block 1, Shady Oak Business Center. Motion carried 5-0. CITY COUNCIL MINUTES July 6, 1999 Page 15 VH. PAYMENT OF CLAIMS MOTION: Butcher-Younghans moved, seconded by Case,to approve Payment of Claims as submitted. Motion was approved on a roll call vote,with Butcher-Younghans, Case, Thorfinnson,Tyra-Lukens, and Mayor Harris voting"aye." VIH. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS A. REVIEW PERE INS VARIANCE REQUEST#99-08 Enger explained this item, as a plat,was previously reviewed by Council earlier this year and was subsequently sent to the Board of Appeals, which took action. He asked Jean Johnson to report on the action taken by the Board of Appeals. Information has been submitted to the Council and some questions he suggested be referred to Rosow to make a report on. The public record is quite extensive on this issue and it may be appropriate to solicit any new information people have to present this evening, if it has not been included in the Council packet. It may also be appropriate to have the proponent make a presentation. Jean Johnson said on May 13 the Board of Adjustments and Appeals reviewed Variance 99-08. The information is in Council's packet as is the information background that the plan parks and council has reviewed for the preliminary plat request. The Board's review did consider Planning Commission minutes of January 25, and the Parks and Recreation minutes of February 1, as well as the City Council minutes of March 2, 1999,where the plat was considered and the preliminary plat was approved. There are some unique circumstances in this property and there would be some difficulty in creating house building pads and lot lines. It is located at the terminus of a cul de sac, it is wooded, and there is a grade change of approximately 44 feet. The Board's action on May 13 was to deny the variance involved in this change. The applicant appealed the decision and it was scheduled for Council's review. Rosow said the Council received a letter from the attorney representing some owners in the area opposed to granting the variance and the question arose as to the issue of reasonable use of the property and whether statements set forth in the letter were a correct reflection of the law. The letter correctly reflects the law to the extent that it discusses the issue. However, that is not the whole story. The City code has language consistent with this statute, which says the Board of Adjustments and Appeals is to hear requests for variances from the literal provision of the ordinance in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such a variance only when it is demonstrated such action will be in keeping with the spirit and intent of the ordinance. The statute defines"undue hardship"as meaning CITY COUNCIL NIINUTES July 6, 1999 Page 16 the property cannot be put to a reasonable use, if the uses under conditions allowed by the official controls and the plight of the property owner is due to circumstances unique to the property,not created by the landowner,and the variance if granted will not alter the essential character of the locality. The letter from the attorney would lead the Council to believe that it can only grant this variance and overrule the Board if the property can be put to no other reasonable use, and that would be an incorrect interpretation of the law on that issue. The Court of Appeals has addressed it in a similar situation. The City of St. Paul wanted to put domed athletic facility on a park property next to a residential area. The neighbors objected to that use of the property. The city granted the variances necessary and the neighbors brought the issue to court. What the court said shows the City Council has a great deal of discretion in this issue. The court said the appellants construed the statute and ordinance,which says the property cannot be put to a reasonable use under the strict provisions of the code to mean that if property can be put to any reasonable use, then granting the variance is unreasonable and not allowed. But the court said it construed the statute to mean the landowner would like to put the land to a reasonable use but is prohibited under the strict provisions of the ordinance. In a situation in which you grant a variance, you are not required as a Council to make it the determination that there is no other reasonable use to which this property can be put other than that which would be allowed by granting the variance. The Council is allowed,under the Court's interpretation of the statute,to view the request for a variance to say this is a reasonable use of the property,which would not be allowed except by granting the variance. The Council can also look at the unique characteristics of the land in its deliberations. The standard to which the Council is held is not that there cannot be any other reasonable use of the property, but a determination of whether this is a reasonable use of the property under the circumstances, and one that would not otherwise be allowed because of the requirements of the code. Mayor Harris said unless there is some new information to be presented, Council should consider only the facts they have already received. She asked if Mr.Perkins wished to make any comments, but he did not. The Mayor asked if anyone else wished to speak to the request for the variance. No one did. Rosow said because this has taken up considerable Council time,and there has been so much information presented,he asked that the Council would acknowledge not only information it has before it at this time,but also information it has been given at past Council meetings, which includes information presented at Planning Commission meetings and also information in connection with the plat. In addition, all the letters from the residents and proponent should be considered part of the Council record. MOTION: Butcher-Younghans moved,Thorfinnson seconded,to grant the variance and to reverse the Board of Appeals based on the findings. Motion carried 3-2. CITY COUNCIL NIINUTES July 6, 1999 Page 17 X. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. ARTS COMMISSION (David Steppat) Enger said at the Council's last meeting it was requested that the Arts Commission report on its activities. Last year, when the City Council was involved in some strategic planning,the Arts Commission was beginning its strategic planning, and the Council met with members of the Arts Commission and asked them to develop a plan under the umbrella of the City's Strategic Plan and return to the Council with their action plan. Steppat said he has been on the Arts Commission for four years. He planned to make a report on what the Commission is doing, changes in activities over the past two years, and how the Strategic Plan of the Arts Commission lines up with the strategic initiatives of the City. The following are activities sponsored by the Arts Commission: • Staring Lake concert series in the summer • Summer and winter theater. The winter theater production was very successful. • Eden Prairie Arts Festival. It was expanded in the second year at Eden Prairie Center and attracted about 2000 people. • Community Band • Diverse City on the Prairie • Art on City Walls Over the past two years they have tried some new events. One is Poetry Night, where people can read their own poetry. High School students in particular appreciate the opportunity to come and read their poetry. The Arts Commission has a Strategic Plan, called"Vision 2001", and the members are pleased at how well it lines up with the City's Strategic Plan. One initiative is to develop and nurture strategic partnerships,which it has done in various ways. They work with the Community Education Commission and Human Rights and Diversity Commission,the library where Poetry Nights are held,the Eden Prairie Center where the Arts Festival is held, community service groups, such as Boy Scouts, who provide concessions at various events, and they exchange their ideas with other cty's arts organizations. A second initiative is to invest resources wisely. This involves building concert, theater, and arts festival programs to enrich the community's life; creating vital volunteer programs, maintaining venues and equipment for performances, and creating a Strategic Plan and consistent calendar of events. CITY COUNCIL M NUTES July 6, 1999 Page 18 A third goal is to reflect the community's diversity. This is done through"Diverse City on the Prairie",which is a signature event. There are also programs designed for all age groups, almost all events are free to the public, and there is provision for different art forms. A fourth initiative is to provide effective, timely communication to promote the Commission's activities. They do this through use of a variety of promotional vehicles, forming active relationships with local Twin Cities media, and having a feedback program for audience response. Thorfinnson said Steppat did a good job of showing how the Commission's work lines up with the City's Strategic Plan,but what is discussed in the minutes of their meetings doesn't line up with the City's plan or what was presented tonight. In particular, there is discussion about an arts center. He wanted to know if there is something in the Commission's plan about an arts center, because it is not in the City's Strategic Plan or its Capital Improvement Program. Mayor Harris said she believes Eden Prairie has one of the Twin Cities' best Art Commissions. Arts are quite critical in enhancing the social and cultural fabric of cities;they support quality of life and have an ameliorating effect on other negatives that may be present in a city. She commended the Arts Commission on what they are doing and thanked Mr. Steppat for his presentation. She would like to have a sense of where the Commission sees its future and asked that its Strategic Plan be made available to the Council. It was determined that the Arts Commission's Strategic Plan could be incorporated into the Council's packet of information for the next Council meeting. Butcher-Younghans commented she is pleased to seethe programmatic approach the Arts Commission is taking and also the development of relationships and partnerships,because that strengthens what it and all commissions in the city can do. Tyra-Lukens stated she has recently worked with two youth focus groups under the auspices of Building Assets Together. One was English as a Second Language, a group of middle school students,and the other group was juniors and seniors evenly divided between those who consider themselves to be athletes and those who don't. She is glad the Arts Commission is working on programs for some of these young people, such as poetry reading and the music programs. She encouraged Steppat to get in contact with Building Assets Together, as they are working to assess the needs of these young people. XI. APPOINTMENTS XII. REPORTS OF OFFICERS CITY COUNCIL NIINUTES July 6, 1999 Page 19 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 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 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. 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: Thorfinnson moved that the meeting be adjourned. Mayor Harris adjourned the meeting at 10:00 p.m.