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City Council - 08/17/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 17, 1999 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans,Ronald Case,Ross Thorfimmson, Jr.,Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly, City Planner Mike Franzen and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Nancy Tyra-Lukens called the meeting to order at 7:00 p.m. Mayor Jean Harris was absent. U. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger asked that Item V. F. under Consent Calendar be amended to read "Approve Amendment to the City Code Regarding Use of Parkland"rather than Set Public Hearing Date for Proposed Amendment. MOTION: Thorfinmon moved, Case seconded,to approve the Agenda as published and amended. Motion carried 4-0. A. PRESENTATION OF APPRECIATION PLAQUE TO THE BROWN FAMILY FOR LAND DONATION Acting Mayor Tyra-Lukens presented a plaque to Bob and Jim Brown, representatives of the Brown family, for their generous donation of 43 acres of land along the Minnesota River to the City of Eden Prairie. On behalf of the City, Acting Mayor Tyra-Lukens expressed her appreciation to the Brown family for the beautiful piece of land that will add to the City's open space. Bob Brown gave a brief history of his family and how they obtained various pieces of land in the City. They have donated over 100 acres to the City of Eden Prairie. CITY COUNCIL MINUTES August 17, 1999 Page 2 IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,AUGUST 3, 1999 MOTION: Butcher-Younghans moved, Thorfinnson seconded,to approve the minutes of the August 3, 1999, City Council/Staff workshop as published. Motion carried 3-0-1 with Acting Mayor Tyra-Lukens abstaining because of absence from that meeting. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 3, 1999 MOTION: Butcher-Younghans moved, Thorfinnson seconded,to approve the minutes of the August 3, 1999, City Council meeting as published. Motion carried 3-0-1 with Acting Mayor Tyra-Lukens abstaining because of absence from that meeting. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. NORTH BLUFFS by Laukka-Jarvis. 2nd Reading of 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. (Ordinance No. 18-99-PUD-13-99 for PUD District Review and Rezoning) C. DELL ROAD/HIGHWAY 5 OFFICE by Tandem Properties. Request for Planned Unit Development Concept Amendment on 2.72 acres of the Jamestown PUD, Planned Unit Development District Review with waivers on 2.72 acres, Zoning District Change from Rural to Office on 2.72 acres, and a Site Plan Review on 2.72 acres. Location: Dell Road and Cascade Drive. (Ordinance No. 20-99-PUD-15-99 for PUD District Review and Zoning District Change and Resolution No.99-134 for Site Plan) D. LAKE PLACE TOWNHOMES by S & H Realty Management Co., LLP. 2nd Reading of Planned Unit Development Concept Amendment on 2.26 acres to the overall Preserve PUD, Planned Unit Development District Review with waivers on 2.26 acres, Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres and Site Plan Review on 2.26 acres. Location: Southwest corner of Anderson Lakes Parkway and Center Way. (Ordinance No. 21-99-PUD-16-99 for PUD District Review and Zoning District Change and Resolution No. 99- 135 for Site Plan) E. ADOPT RESOLUTION NO. 99-136 APPROVING FINAL PLAT FOR BRYANT LAKE HEIGHTS CITY COUNCIL MINUTES August 17, 1999 Page 3 F. APPROVE AMENDMENT TO THE CITY CODE REGARDING USE OF PARKLAND G. ADOPT RESOLUTION NO. 99-137 APPROVING SPECIAL LEGISLATION AUTHORIZING FIVE ADDITIONAL LIQUOR LICENSES H. APPROVE TEMPORARY REMOVAL OF PERSONAL LEAVE ACCRUAL MAIIIMUM FOR THE CITY MANAGER I. ADOPT RESOLUTION NO. 99-138 DECLARING UNCLAMIED COMPUTER EQUIPMENT `ABANDONED PROPERTY' J. ADOPT RESOLUTION NO.99-139 AUTHORIZING ROADSIDE LANDSCAPING PARTNERSHIP WITH MNDOT MOTION: Thorfinnson moved, seconded by Butcher-Younghans, approval of Items A-J. Case asked the motion be amended to eliminate Item F. He would like to discuss this item further. Enger suggested this item be moved to Section XII.C.3., under Report of Parks and Recreation Services Director. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Items A-J, with the exception of Item F on the Consent Calendar. Motion carried 4-0. VI. PUBLIC HEARINGS/MEETINGS A. MATT'S AUTO SERVICES by Matt Strodel. Request for Zoning District Amendment in the I-General District on 0.96 acres, Site Plan Review on 0.96 acres in the I—General Zoning District with variances to be reviewed by the Board of Adjustments and Appeals. Location: Industrial Boulevard south of Highway 62. (Ordinance for Zoning District Amendment) Enger reported this item had been continued from the last Council meeting and official notice of this hearing was published on July 22, 1999, in the Eden Prairie News with notices sent to 22 property owners. In the interim,this item went to the Board of Adjustments and Appeals and they recommended approval of the requested variances subject to a five-year time period. Case asked the proponent how comfortable he was with the five-year limitation. Matt Strodel, the proponent, said he was of the understanding that there is no limitation as long as he continues the business as a towing business. Don Uram, Community Development and Financial Services Director, pointed out that one of the conditions of approval for the variances is that the variance approval for the outside storage of impounded vehicles be for a five-year period unless it continues as a City related impound lot or until redevelopment of the area occurs. Enger CITY COUNCIL MINUTES August 17, 1999 Page 4 said that under this condition a City impound lot would be different than a private impound lot. If the City operates it as an impound lot or until redevelopment occurs the towing business may remain. Thorfinnson said he reads it to mean City related and that would mean if the City has a contract with the towing business. Enger said at some point in the future there may be redevelopment occurring in this area. There is a need for an impound lot for City tagged vehicles. Whether or not this is the highest or best use of this property for a five-year period is a difficult question. Case asked if this would give the Council the opportunity to review this use year- by-year and allow the City to remove the variances if the land is sold. Case said his main concern is that the variances not be grandfathered in. City Attorney Roger Pauly said in reading the conditions he finds it very unclear that it is limited necessarily to a five-year period unless it continues as a City related impound lot or redevelopment occurs. Strodel explained he has discussed with the City his intention to keep the lot as is. The building will enhance their Services to the City and make a more pleasing site. Strodel said he feels it is unfair to place a five-year limit on the business. He is open to redevelopment when that occurs and does not feel it is fair to ask him to go through this whole process again in five years. Pauly explained the Council does have the option of reviewing the Board's condition or they can affirm the condition or deny it. The Council does have review authority. Thorfinnson suggested reviewing the way the condition was written. Pauly explained the proponent understands the condition to mean that he can continue this business until some redevelopment occurs. If that is not what is intended by this Council this condition needs to be rectified. Thorfinnson said he has a real problem restricting this use to five years after the proponent has spent $300,000 to make the improvements. Butcher-Younghans said her main issue is the continued soil testing on this site even if there are limits on its use for five or ten years. Her concern is with Nine- Mile Creek. Strodel stated they did agree to a five-year testing program. Butcher- Younghans said it should be a stated condition. Strodel explained this is a very expensive program and they just had some soil borings done which came in within EPA limits. Butcher-Younghans said she understands that, however, there are other factors that can change those conditions. Butcher-Younghans said they need to defer to staff the issue of testing and what should be included. She is not comfortable with going forward with this project because of the closeness of the parking to the Creek without some conditions in terms of testing. Case pointed out if this project is redeveloped prior to the five-year limit, the proponent will get money from this redevelopment and if the redevelopment doesn't occur, there is no loss and the Council would be able to review this business year-by-year. CITY COUNCIL MINUTES August 17, 1999 Page 5 Thorfinnson questioned why they were putting a five-year limit on this item. If they are concerned someone else will come in and operate the business as it exists they could restrict the use of this property. Enger said he reads the condition as one that allows Matt's Auto Services to operate until the area is redeveloped or until it is not used as a towing service. The condition is not tied to the ownership of the property but to the use. Pauly explained the variance would pass along with the title of the property to a new owner and that owner would continue to enjoy the variance that is granted. Thorfinnson asked if the proponent should build his building and someone else wants to purchase it what options would the City have. Pauly responded if the Council is not satisfied with the variance as it is written, they have the option to review the Board of Appeals decision and then take action at the time of that review. This would require a future hearing,which could be the next Council meeting. If the Council is satisfied with the Board of Appeals decision,they could approve the request as presented. Butcher-Younghans asked staff look closer into the issue of requiring annual soil testing for this site. Dietz said he was not sure what would be a good time schedule. They may be able to do a small well sampling annually and inexpensively and this is something they will check into. Strodel stated he has been located at this site for 28 years and they have only come up with a small sample of contamination. Thorfinnson suggested the applicant be required to submit test results to the City environmental staff and EPA every five years but also ask staff to look at interim testing. He recommended City staff continue to work with the proponent for an agreeable yearly testing method. Butcher- Younghans said staff should determine what is reasonable and appropriate. Case said this towing service is an incredible service supplied to the City. He is concerned to the proximity of this lot to the Creek. However, after viewing the site and seeing that the Creek was a dried bed he was not so concerned this use would be a great threat to the Creek. Michael O'Leary, a member of the Board of Adjustments and Appeals, appeared before the Council, stating he too was concerned about the contamination of the Creek but after viewing the site and hearing the results of the soil testing, it is not such a concern any longer. O'Leary explained he is comfortable with the five- year restriction. The Board wanted to grant the variances and if the business did change, they were looking to maintain it as a service for Eden Prairie versus it becoming something else. It would be maintained as a service for the City as storage for towed vehicles. Butcher-Younghans said she feels no one here has had a problem with the business itself, it is an essential service and she does feel more comfortable about the possibility of water contamination. However, she would still like to see staff work out a testing schedule between this reading and the second reading. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing, approve first reading of the Ordinance for Zoning District Amendment in the I- General District on .96 acres and direct staff to prepare a Developer's Agreement CITY COUNCIL MINUTES August 17, 1999 Page 6 incorporating Commission and Staff Recommendations and Council conditions. Council conditions include: Staff to work with the proponent to develop a testing schedule before the next reading. Motion carried 4-0. B. BLUFF COUNTRY VILLAGE EAST- COMMERCIAL by Hustad Land. Request for Planned Unit Development Concept Review on 7.5 acres, Planned Unit Development District Review on 7.5 acres, Rezoning from Rural to Neighborhood Commercial on 7.5 acres, Site Plan Review on 7.5 acres and Preliminary Plat on 7.5 acres into two lots and one outlot. Location Pioneer Trail and Highway 169. (Resolution No. 99-140 for PUD Concept Review, Ordinance for PUD District Review and Rezoning and Resolution No. 99-141 for Preliminary Plat) Acting Mayor Tyra-Lukens explained items VI. B, C and D will be considered as one item, however, the Council would vote on each item separately. Enger reported the notice of public hearing for each item had been officially published in the Eden Prairie News on August 5 and notices were sent to 127 property owners. Enger explained after the presentation by the proponent City staff would present their staff report and reports from the Planning Commission, Parks, Recreation and the Natural Resources Commission. Wally Hustad, owner of the property,Hustad Land Company, explained he is the sponsor of the three different projects and they have developed three separate plans. They felt the first plan was appropriate for the area because of their interest to create as many Services for the neighborhood as possible. Many of the elements included in this plan have been asked for over the years. The project became rather intense for development purposes. Hustad said they were proposing 114,000 square feet of retail space with 144 housing units without any public Services area. Retail will be located in the northern section of the eastern commercial area. The proposed Walgreens drug store will be an individual, separate building. Hustad explained the second project was developed because of the concern for the intensity of the development. It was designed to reduce the square footage of the commercial area, which was a primary criticism of the neighborhood. This project was reduced to 55,000 square feet and included senior housing as did the original project but was moved because of concerns about visibility of the commercial area. There also was a request from Southwest Metro Transit for a public Services area. They did reduce the amount of retail-commercial space and incorporated the Park and Ride facility. They reduced the commercial area to 32,000 square feet making this project a convenience center rather than a neighborhood center. The gas station was also moved to the corner. The owner of the gas station did agree to the new gas station site. Hustad explained this proposal was once again modified and this modification did receive Planning Commission approval. The major criticism of the single-family neighborhood to the north and west was that they wanted an expanded buffer. CITY COUNCIL MINUTES August 17, 1999 Page 7 Hustad stated the third proposal includes a single-loaded townhouse concept and the setback has been expanded. The number of units in the townhouse development was reduced to 98 from the original 155 units and will include 15 live-work units. These units are a new concept in the marketplace to accommodate changing life styles in the community for people that are in their waning years or changing their work habits. The live-work units will allow people to have an office or a shop of some kind as well as a place to live. Hustad described the live-work units as including 700 square feet of office/work area on the first floor along with a garage (all over the commercial) and the apartment/living unit on top. The retail included in the approved plan was reduced to just under 50,000 square feet with 113 live-work and townhouse units. The density for this project is below seven units per acre. The public Services area will have a small retail area, which will include a coffee shop and bagel store that would work well with both the Park and Ride development and the neighborhood. Hustad said they did agree to a proposed cul-de-sac for turn- around and snow storage. There were three suggested modifications to the proposed plan to the Planning Commission. One of which was to modify the architecture for the Walgreens Drug Store. Paul Tusse from Opiton Investment Company is present representing Walgreens and could better address this issue. The other two were a revised staff recommended site plan for office or senior housing and to construct a channeled opening which would prevent the exiting left turns on the Hennepin Town Road. Paul Tusse, Opiton, representing Walgreens, explained one of the things discussed through this process has been the look of the building and how they would handle compatible materials and color in this center. The proposed Walgreens' building is an attractive building with a brownish tan brick as the primary material with accent paints. This is the prototype for Walgreens. The material of the brick will be matched with the center,which will allow the two to look like they are individual. They are proposing signage as you see it. Acting Mayor Tyra-Lukens asked what modifications the Planning Commission was asking Walgreens to make to their building. Tusse responded the modification was to pick up some of the elements of the gabled roof line and mansard type roof. The proposed Walgreens as originally presented is their corporate image. Hustad explained the key issue for Walgreens is their corporate image. He agrees with Walgreen's argument that this building is separate and has a separate identity.even though they are close in proximity. Hustad said the second issue is the alteration of the access into and out of the west area as well as in and out of the gas station area. He said they are questioning whether the traffic will increase in the future to a point where a change will be necessary. One of the issues is whether or not there will be an overpass on 169 that some day will help to route the traffic in that area. Hustad said they feel if the traffic increases that would be the appropriate time to correct the intersection,which could occur 15 years from now. They are trying to solve a problem that may or may not happen. Hustad explained they are very willing to incorporate that possible change into their development agreement and would be willing to do a % access in the future. However, if necessary, they would be CITY COUNCIL MINUTES August 17, 1999 Page 8 willing to put in a 3/4 access now but this would create some other problems. Hustad stated the 3/4 access would require installation of a bypass around the outside to the eastern side that will channel out-going traffic from the west through the northern area. This 3/4 access will also have some impact on the use of the northern site because of the increased traffic through there and will also have an impact on the tree loss. Hustad pointed out the overall tree loss for this project is less than 40%. Hustad explained the third concern is the ultimate use of the northern site on the eastern portion of the commercial project. As originally proposed, the small retail facility and business Services area would be an appropriate use for this northern site. He further explained the senior housing has been brought back into the proposal. This is something they feel is important for this area. They are not comfortable with how the design interrelates with the Park and Ride site. Hustad said they are suggesting this segment of the project be continued until they receive feedback from the Council as well as do some further design work themselves so that they too are comfortable with it as well. Hustad responded to a question from Acting Mayor Tyra-Lukens regarding the existing setback. He indicated that it is 70 feet for the actual building. Mike Franzen, City Planner, reported at their July 12 meeting the Planning Commission voted 6-0 to recommend to the City Council approval of the plan, as proposed, subject to incorporating the same canopy, color and architectural style as proposed with the strip center east of Hennepin Town Line Road. There were three items that did warrant discussion. Franzen explained the neighborhood has asked that the site plan for the gas station be done differently. They would like to see the gas station turned 90 degrees. Staff is comfortable with this alternate plan. The second item involves access. Both the neighbors and the developer would like to adopt a wait and see approach. If it becomes a problem the improvement would be made at that time. If the Council should decide this is appropriate, it is very important that it be clearly defined in the developer agreement. Franzen stated after reviewing traffic analysis and being consistent with how other projects are done, staff feels the improvement should be constructed now rather than waiting. Franzen said there also was the question of what to do with the Park and Ride. The Planning Commission and staff feel the Park and Ride's location is fine, however, the neighbors are concerned with the change in the topography that will occur on this site. The alternate plan does include a senior building with 30 units and a Park and Ride or an office building with retail and a smaller 30-car Park and Ride lot. After the neighbors viewed the plan they approached staff to do something with regards to noise and visual impact along the highway. With the senior housing being located on the east side and with the open space, berm and plantings for the neighborhood, the Park and Ride would be located on the west side of Hennepin Town Road and will result in 75 parking spots and will be shared with the commercial area. Franzen said the second alternate is for a reduced sized office building, which will result in less needed parking and allow more room for the Park and Ride. This alternate would consist of a 10,000 square foot office building and 100 parking spots for the Park and Ride. The downside to this plan is that the hearing process will have CITY COUNCIL MINUTES August 17, 1999 Page 9 to be done all over again. However, the proposed housing is still consistent with the Comprehensive Plan. Lambert explained the Parks Commission did review this proposal and recommended approval as per the July 29 staff report. The Commission did want to insure that a five-foot concrete sidewalk connection be made in the northwestern corner between two of the units so that pedestrian/bike traffic from the residential area has access to the existing five-foot sidewalk along the north side of Shadow Pond Drive. The Commission felt it is necessary to provide residents with a sidewalk to parking and to the private sidewalk. It may be necessary to have a public easement on this because of the public walking on this sidewalk. Also, Lambert further explained the Commission wanted to be sure an eight-foot wide bituminous trail along the northerly side of Pioneer Trail would be completed with the upgrading of County Road 1 by the County in the future. With regard to the access, Public Works Services Director Dietz indicated staff still advocates the 3/4 access within that roadway be installed initially with the project. Case questioned if staff has run traffic projections to determine if the project changes,would there be significant affects on this intersection that would possibly make the needed change not necessary. Dietz responded this access is a safety issue for existing traffic from the east side of the property and movement would be restricted with this restricted median. The main reason for the 3/4 access is because of safety. Kevin Benjamin, 9949 Lee Drive, explained he is representing the neighbors in the southern neighborhood. He expressed his appreciation for the efforts of the Council who have visited the site and he feels the solutions are almost there to provide a win/win situation. There are four major issues that affect the southern neighborhood. The first concern is the impact the gas station will have on the area both visually and noise. The current orientation facing east will be in the view of one-third of the homes and the lights from the canopy will also affect those homes along with headlights from the vehicles entering the gas station. Benjamin said they would like to see the gas station turned 90 degrees facing toward the development. They feel this will address their visual concerns. In addition, this will lower plantings needed to the back side and will help for the screening of the property. The developer may be concerned his business will not be exposed to the traffic, however, given the neighborhood type development, local traffic will not need the identification. Benjamin indicated the neighborhood is also opposed to the size of the gas station. They feel it is in excess of the definition of neighborhood commercial. They would like to see a decrease in size from eight pumps to six pumps. The second major issue is the noise form Highway 169. They feel the senior housing unit is a benefit to the area, however, they do not feel it effectively buffers the noise for the neighborhood. The Department of Transportation's guideline states that a buffer should be eight to ten feet above the road grade and close to the road. The proposed senior building will not meet this guideline because of the distance from Highway 169 and opening on the north and south sides. Benjamin said the neighbors would like to see the extension of the current wall or have effective CITY COUNCIL MINUTES August 17, 1999 Page 10 berming installed. They would like to see 10-foot to 12-foot berms between the Park and Ride and Highway 169 and plantings. They prefer to see the berm with a larger setback on the property to accomplish noise protection and to provide a more visually appealing site. Benjamin explained their third issue of concern is the traffic pattern and the 3/4 access issue. They are uncomfortable with the 3/4 access that they feel will cause confusion and will be inconvenient at creation. This will also necessitate a ring route that resulting in a significant loss of trees which provides noise and visual protection. They prefer to use the wait and see approach. Benjamin said their fourth issue is tree preservation in Outlot A on the southwest corner of the project. They are concerned this outlot will be developed and they would ask that Outlot A be put into a conservation easement to prevent future development. Benjamin reiterated that their main concern is that the gas station be turned 90 degrees and that the double row of plantings be maintained and a berm and plantings be placed along Highway 169 and that a conservation easement be granted on Outlot A to protect the trees. The neighbors feel a normal traffic interchange will eliminate the need for the ring route resulting in less tree removal. Jeanette Gunderson, 9922 Balmoral Lane, explained she is representing the neighborhood north of the proposed project. They are in agreement with the comments made by Benjamin. She indicated she has a list of eight concerns relating to noise, traffic, safety, green space and tree preservation. The neighborhood is concerned about the Park and Ride eliminating a significant berm and trees along Highway 169. This will result in the elimination of the sound barrier. Noise from this road will severely impact the neighborhood. Neighbors would support the alternate plan for three-story senior housing on the northeast corner of the site with the Park and Ride across the street. They would like to keep the attractive green space and trees for the project and senior residents. The neighbors would like this to be senior housing. She questioned how they could be guaranteed that this would remain senior housing. The sound wall along Highway 169 does stop at one point and leaves an open space. There is no protection from the end of the sound wall to the beginning of the berm. Gunderson asked something be done for noise reduction. The neighbors do like the berm proposed behind the senior housing and would like to see this extended to where the south wall ends. Gunderson said they do agree with the developer regarding the intersection. There may be ways to reduce traffic in the future. She said they too would like to see the gas station downsized,the senior housing built and the Park and Ride shifted to the location across the street. This would help to reduce traffic. The reduction in the size of the gas station would also reduce future traffic problems. Gunderson said they would also like to see the car wash have restricted hours from 6:00 a.m. to 10:00 p.m. This is a commercial- neighborhood development and they do not feel the neighborhood needs more commercial space than what is in the current plan. Bruce Webster, 9953 Balmoral Lane, explained he is also representing the neighbors living north of the proposed development. The neighbors feel in order for this development to gain full acceptance of the neighborhood, several items need to be addressed. Webster pointed out the number of parking spaces in the CITY COUNCIL MINUTES August 17, 1999 Page 11 Walgreens' proposal calls for 92 parking spaces. Webster explained that it is reasonable to assume Walgreens' shoppers will be using this space. If this is the case, the parking will accommodate over 180 customers at one time. Webster said they feel the parking appears to be excessive. The neighborhood is also concerned about the preservation of the green space and they do not feel the site should be paved over for excessive parking. They ask the developer consider postponing development of the parking row on the east side of the Walgreens store which would eliminate 18 spaces on the back side of the building. Webster suggested they use proof of parking and if there is not sufficient space in the future the developer be required to provide additional parking at that time. Webster said another concern of the neighborhood is the overall townhouse layout. There are a couple of units that appear disjointed on the east side. They suggest removal of the two-unit building and reduce the six-unit building to four- units. This would increase the amount of green space and would allow maintaining existing vegetation and enhance the appearance of the development. Webster further explained the neighborhood is concerned with the amount of tree removal occurring along the northern border.Numerous trees were lost as part of the Highway 169 construction and were replaced with small trees throughout the site. The proposed development would eliminate many of these trees and leave the site with far fewer trees than intended. The neighbors would like the City's assurance that many of the planted trees destroyed due to this project be replaced. Arthur Schunk, 8432 W. 100'h St., appeared before the Council stating he is representing the Countryside West Townhome Association located in Bloomington across Highway 169. He explained when Highway 169 was constructed, it was located more on the Bloomington side for the purpose of preserving the small wetland area on the northwest corner. In addition to the wetland area, the State and County spent considerable money in planting over 200 trees. Schunk said it appears as though this project will be taking down a good number of those trees. He stated they are concerned with the visual impact of this project and with the noise. Schunk indicated they are also concerned about the lighting for this project and the visual impact of those lights. Schunk said they would like to see this project scaled back and they would like to see as many trees as possible be preserved. Schunk questioned the viability of the retail for this project. The existing Preserve Shopping Center is having problems filling up their space. The drug store is no longer there and Schunk thought this would be a good location for the Walgreens store. Gary Johnson, 10106 Juniper Lane, said he is happy with the changes to the housing portion of the project that have occurred along the west side. He did question the elevation of these townhomes. Johnson asked if those buildings will be set higher than the existing homes or will they be graded down to a level approximately in line with the houses there now. Hustad responded that initially the elevation was lower. Because of the tree loss issue, the elevation was raised and the townhomes will be higher than the existing homes. CITY COUNCIL MINUTES August 17, 1999 Page 12 Kate Garwood,representing Southwest Metro Transit, said she has been listening to the neighbor's concerns for this project but she has also been listening to some of the users of the transit system. From the transit point of view, they did approach Hustad and asked for a Park and Ride because of the need. Ridership is important and they would like to maintain a Park and Ride in this area. The current Park and Ride in the Preserve has 30 spaces and there is an active ridership in this area. With the addition of senior housing or additional housing they expect it to continue. Garwood pointed out right now of the seven Park and Rides in the southwest metro area six are attached to some form of retail. Studies show that for every dollar invested in transit, retail will benefit to the tune of$3 to $3.50. The neighbor's concerned with traffic congestion because of the Park and Ride must realize that the vehicles arrive in the morning with no further movement again until the evening. For this area, cars will be parked by 7:09 a.m. with buses returning at 5:30 p.m., 5:50 p.m. and 6:35 p.m. Garwood explained the Metro Transit does have control over this by scheduling bus arrivals and are willing to work with that if need be. Either location will work for them. They anticipate more need for transit in this area in the future. Case asked if they could split the Park and Ride by having 30 spaces on the east end and then 70 spaces 100 feet away. Garwood responded 75 to 90 spaces is a very nice number to work with. Thirty spaces would be a maintenance nightmare. Case asked if they could work with 70 spaces on the west side and 30 on the east side. Garwood said her immediate reaction to this would be a concern for safety and the issue of having to make two pickups. Steve Moer, 9812 Lea Drive,pointed out there are 30 spaces for Park and Ride at the Preserve Center which is just down the road and he questioned the necessity for having another Park and Ride location so close. Acting Mayor Tyra-Lukens explained no lease exists for the Preserve site and it will be closing soon. Cliff Gonye, 9624 Hampshire Lane, asked what the impact of traffic would be on Hennepin Town Road as a result of this project. Hustad said they have done a traffic study but does not have that information with him. Basically, the traffic will be focused on the southern end of this project. Maureen Degnas, 9946 Balmoral, asked that as many trees as possible be preserved. She feels that large tree loss should be negotiated. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing.Motion carried 4-0. A short recess was called at 8:50 p.m. after which the meeting was reconvened at 9:00 P.M. Butcher-Younghans asked what the operating hours are of surrounding car washes. Franzen said he did not know and they have not had any car washes where they have required restricted hours of operation. Acting Mayor Tyra- Lukens pointed out they did discuss restricting the hours for a car wash located CITY COUNCIL MINUTES August 17, 1999 Page 13 by the Menards store. Case indicated the developer of that car wash agreed to close the car wash at 10:00 p.m. Butcher-Younghans asked what kind of signage would be used if the gas station were to be rotated 90 degrees and how would it impact the business of the gas station. Franzen explained City Code allows signs on all four sides of the building and four canopy signs that are limited in size to 15% of the wall area. There will be a pylon sign located on the Walgreens site advertising the Walgreens store and the gas station. Butcher-Younghans pointed out that there are 90 parking spaces outlined on the Walgreens' site. She assumed this met Code but questioned what alterations could be made if proof of parking were used. Butcher-Younghans asked if they would be able to reduce any parking spaces from this site. Franzen responded that usually the developer complains the parking requirements are too high. They could ask Walgreens if the amount of parking required by ordinance is in excess of the demand. The Walgreens site on CSAH 4 doesn't have much parking and Franzen believes a variance may have been granted for that site. The architect for the Walgreens store explained that right now the ordinance requires 80 spaces. He indicated they can go with the ordinance amount but they do not want to go much lower than that. They are making a commitment of over 60 years on this site. Butcher-Younghans explained proof of parking would allow them the option of expanding their parking at a future time if needed. The architect pointed out since they are leasing the building there would be some legal issues as to who will do the work for the increased parking should that need arise at a later date. Enger explained some very strong arguments for proof of parking were made when the County Road 4 Walgreens was constructed. At that time they were very convincing that Walgreens did not create that much parking. Even with the limited parking at the County Road 4 store one-third of the lot is never used. Enger said they are suggesting they utilize the proof of parking so the parking required by Walgreens is realistic and this could be included in their lease. The architect indicated they are pushing to get 90 parking stalls at all of their stores throughout the country. Acting Mayor Tyra-Lukens suggested they look at eliminating the 18 spaces on the east side. Butcher-Younghans asked who owned the land between the sound wall and the proposed senior housing. Franzen said they could not tell the exact ownership but are assuming Hustad owns the land up to the noise wall. Butcher-Younghans asked staff what their opinion is of using berm and plantings as a sound reducer and the possibility of filling in that space with a berm. She asked if that would be effective and how tall would it have to be. Dietz responded trees are really not a noise barrier. It is necessary to have a significant mass of trees in the order of 50 feet to be an effective sound barrier. A berm certainly can be as effective as a noise wall, however, it needs to be of the same height. The noise wall was stopped because when that wall was installed it was to protect existing properties and not in anticipation of what would occur in the future. Butcher-Younghans asked how many trees would the developer be replacing on the three parcels. Hustad said he wasn't sure of the exact amount but anticipates planting between 400 and 500 trees. CITY COUNCIL MINUTES August 17, 1999 Page 14 Case expressed his appreciation to the residents for their well-prepared presentation. He explained after having been on the site he would like to see if it is possible for staff to come up with some type of buffer or retaining wall. Case said he would like to see senior housing in this project and he likes the idea of moving the Park and Ride spaces to the west commercial area. This allows the building to be positioned on the westerly side, which cuts out the access to the north. Case said he is in favor of proof of parking for Walgreens. This would result in 23 less parking spots,which will help to save the topography and should be able to be worked out in the lease agreement. With regards to access Case stated it would be tempting to wait and see, however, he indicated he is not the expert and he must go along with the City Engineer's recommendation especially if safety is the concern. Case also said he definitely favors turning the gas station 90 degrees and is not opposed to the station having eight pumps. He would prefer to eliminate the two townhomes on the northeast corner. Case said he also favors a public easement on the private sidewalk and he definitely wants to see an eight-foot trail on the County Road 1 side. Acting Mayor Tyra-Lukens asked the City Attorney to address the issue of an easement on a private sidewalk. Pauly explained the Parks Commission questioned whether there would need to be a dedication of a public use trail or easement given for public use in order to assure that the trail would be available continuously for the public. He said during the break he did talk to Lambert as to what would actually be needed to assure reasonable access. One of the questions is who is going to maintain and provide the private trail. Pauly said they assume it would be the Association and it would be part of the covenants and restrictions and included in the easements to the Association. The Association could terminate that trail at any time unless a public easement is granted. Acting Mayor Tyra-Lukens said she would be more comfortable going with the proof of parking for the Walgreens parking lot and would like to retain as much open space as possible. She feels another senior housing project is a great idea. However, she is concerned about the impact on retail. Acting Mayor Tyra- Lukens said she feels the whole proposal has much more berming and landscaping potential on the east side. She likes the idea of the road at Walgreens going north and limiting car wash hours. She is also in favor of rotating the gas station. Acting Mayor Tyra-Lukens said she is in agreement that the channelization intersection is something that should be done now because of the safety issue. They need to address the issue of Outlot A being placed into a conservation easement and she is very adamant about preserving the Park and Ride site. Acting Mayor Tyra-Lukens said she doesn't feel strongly about eliminating the two-townhouse units, however, she is concerned about the architecture of the Walgreens store. She would like to see the store have a pitched roof, something more residential in feel and to tie in with the retail center and the neighborhood. Thorfinnson said he agrees with much of what has been said this evening. He too is in favor of turning the gas station and he would prefer to see eight pumps CITY COUNCIL MINUTES August 17, 1999 Page 15 rather than six. Thorfinnson said he does have mixed feelings about the road going to the north to Walgreens and he said he is okay with proof of parking for the Walgreens' lot. However, he did question what they are trying to accomplish by eliminating the parking spaces. Are they asking the developer to preserve something that is there or will they be mowing things down and planting grass. In asking for the proof of parking they need to clarify whether they want that site left in the state it is in now or have a piece of grass there that could be paved. Thorfinnson said he is also concerned about the availability of the Park and Ride. Case agreed with Thorfinnson that in looking at the topography they may not be able to preserve what is existing on the Walgreens site. However, they may be able to preserve some open space if the Walgreens store can get by with 20 less parking spaces. With respect to the Park and Ride, Hustad explained one of the reasons the Park and Ride did not work at the Preserve Shopping Center was because of the conflict between the retail and the Park and Ride. He said he is concerned about moving the Park and Ride to the west side. Case pointed out the Metro Transit representative indicated that the riders do benefit the retailers. Case said that if five years down the road this doesn't seem to work,there are other alternatives in that area and there is some flexibility. Acting Mayor Tyra-Lukens asked that Outlot A be placed in a conservation District. Enger responded this has already been included in the staff report. MOTION: Thorfinnson moved, seconded by Case, with regards to Bluff Country Village East-Commercial,to adopt Resolution for PUD Concept Review on 7.5 acres; approve first reading of the Ordinance for PUD District Review and Rezoning from Rural to Neighborhood Commercial on 7.5 acres and adopt the Resolution for Preliminary Plat of 7.5 acres into two lots and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Council conditions include: consideration of eliminating the northern road; building significant berm for sound barrier on the eastern side with sensitivity to the low area connected into the sound barrier wall; staff to work with the developer with the proof of parking issue for the Walgreens store thereby reducing the number of paved spots; and to consider architectural improvements by Walgreens with the road access out of the Walgreens lot being a % intersection. Motion carried 4-0. C. BLUFF COUNTRY VILLAGE WEST — COMMERCIAL by Hustad Land. Request for Planned Unit Development Concept Review on 3.9 acres, Planned Unit Development District Review on 3.9 acres, Rezoning from Rural to Neighborhood Commercial on 3.9 acres, Site Plan Review on 3.9 acres and Preliminary Plat of 3.9 acres into two lots. Location Pioneer Trail and Highway 169. (Resolution No. 99-142 for PUD Concept Review, Ordinance for PUD District Review and Rezoning and Resolution No. 99-143 for Preliminary Plat) CITY COUNCIL MINUTES August 17, 1999 Page 16 (See Item VI. B for discussion.) MOTION: Butcher-Younghans moved, seconded by Thorfinnson, with regards to Bluff Country Village West-Commercial, to adopt Resolution for PUD Concept Review on 3.9 acres; approve first reading of the Ordinance for PUD District Review and Rezoning from Rural to Neighborhood Commercial on 3.9 acres; adopt Resolution for Preliminary Plat of 3.9 acres into two lots and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Council conditions include: request the Developer to use the rotation plan of the gas station,rotating it 90 degrees; ask staff to address the issue of limiting the hours of operation of the car wash; if the 8 foot association trail is not part of the Pioneer Trail upgrades it shall be a condition of approval.; the architecture of all of the buildings on all three projects should be redesigned to be complementary, residential in nature, and to include more detail and texture reflective of a traditional downtown prior to the second reading of the Ordinance. Motion carried,4-0. D. BLUFF COUNTRY VILLAGE WEST — RESIDENTIAL by Hustad Land. Request for Planned Unit Development Concept Review on 17.97 acres, Planned Unit Development District Review on 17.97 acres, Rezoning from Rural to RM- 6.5 on 14.97 acres, Site Plan Review on 14.97 acres and Preliminary Plat of 17.97 acres into 21 lots and 3 outlots. Location Pioneer Trail and Highway 169. (Resolution No. 99-144 for PUD Concept Review, Ordinance for PUD District Review and Rezoning and Resolution No. 99-147 for Preliminary Plat) (See Item VI. B for discussion.) MOTION: Case moved, seconded by Butcher-Younghans, with regards to Bluff Country Village West-Residential, to adopt Resolution for PUD Concept Review on 17.97 acres; approve first reading of the Ordinance for PUD District Review and Rezoning from Rural to RM-6.5 on 14.97 acres; adopt Resolution for Preliminary Plat of 17.97 acres into 21 lots and direct Staff to prepare a Development Agreement incorporating commission and Staff recommendations and Council conditions. Council conditions include: refer to staff preservation of the tree mass on the northern border; direct staff to address the issue of the bituminous walkway and easements prior to the second reading. Motion carried 4-0. E. SHADY OAK ESTATES by Bruce Nelson. Request for Planned Unit Development Concept Review on 14.64 acres,Planned Unit Development District Review on 14.64 acres, Rezoning from Rural to R1-13.5 on 14.64 acres and Preliminary Plat of 14.64 acres into 9 lots and 2 outlots. Location: North of Old Shady Oak Road. (Resolution No. 99-146 for PUD Concept Review, Ordinance for PUD District Review and Rezoning and Resolution No. 99-147 for Preliminary Plat) CITY COUNCIL MINUTES August 17, 1999 Page 17 Enger reported official notice of this hearing was published in the August 5, 1999, Eden Prairie News and notices were sent to 95 property owners. Bruce Nelson, the property owner, stated he has been living on this property for the past six and a half years and he intends to continue living there once the development is completed. They have considered several different projects for this property and with the proposed concept they are attempting to develop a low- density type project with minimum impact on the wetlands and the trees. The project will encompass nine lots and are intended to be suited for upper bracket type houses. Nelson mentioned the Engineer for the project is present and available to answer any questions. Don Uram, Community Development and Financial Services Director, reported the Planning Commission did recommend approval of this project on a 6-0 vote. Bob Lambert, Parks & Recreation Services Director, reported the Parks and Recreation Commission recommended approval at their August 2, 1999, meeting. However, the developer had not completed a landscape plan and the Commission requested that deciduous trees native to that area also be included in the homeowner's covenants language that would require protection of the wetlands. MOTION: Case moved, Butcher-Younghans seconded, to close the public hearing; adopt the Resolution for PUD Concept Review on 14.64 acres; approve lst Reading of the Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 on 14.64 acres; and adopt the Resolution for Preliminary Plat of 14.64 acres into nine lots and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Case asked if the City has any regulations regarding maintaining a 15-foot buffer from where the grass stops to the wetlands. Enger said he believes there is some language in the City's Wetlands Management Plan which requires 20 feet of buffer from delineated wetlands. Public Works Services Director Dietz explained staff does require a 25-foot buffer between the wetland and the grass area. Ken Adolf, Schoell &Madson, Inc., consulting engineers for Nelson, pointed out this has not been a requirement of previous approvals. However, they have discussed the wetland setback issues. The City indicated they were in the process of developing an ordinance to address those issues, therefore, there would be no requirement for this project. Case asked if staff has any idea what this ordinance would encompass. Dietz responded he believes it would require a 25-foot buffer. However, he was under the impression that there is a protection requirement they are implementing. Enger indicated this is something that would have to be done before the first and second reading. Case feels it makes sense to have the buffer and it would be okay for staff to work with the proponent to come up with a buffer concept. CITY COUNCIL MINUTES August 17, 1999 Page 18 Adolf indicated they would be happy to work with staff to identify a buffer area. It would be difficult to have a uniform 25-foot buffer on this development because of the topography of the lots. Case said he would like to see some type of identification such as a silk fence for future landowners to determine where the sod ends and the wetlands begin. Following discussion,vote was called on the motion. The motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Payment of Claims as submitted. Motion was approved on a roll can, with Acting Mayor Tyra-Lukens,Butcher-Younghans, Case and Thorfmnson voting"aye". VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Boards and Commissions Restructure Thorfinnson reported the new structure for Boards and Commissions has been presented to the staff liaisons of the current Boards and Commissions as well as the Chairs of those Boards and Commissions or their representative. Thorfinnson explained they are now beginning the process of moving forward by notifying the Boards and Commissions members of the changes and how it impacts their positions. They will be working on a deadline as a group to see this process through completion. Thorfinnson said by the time they get everyone appointed and in place they are probably looking at the end of March,2000. B. REPORT OF CITY MANAGER B. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Proposed Community Center and Round Lake Parking Permits Lyndell Frey, Community Center Manager, explained this request for parking permits for daytime use of the Community Center and Round CITY COUNCIL MINUTES August 17, 1999 Page 19 Lake parking lots was generated because of safety issues. They have worked with the Police Department, School District and Southwest Metro to develop this plan and feel this is a good option to encourage high school students to use parking available to them at the school. Case asked where the students would park if they don't want to pay the parking permit fees for the Community Center or High School. Frey responded they will probably park in the neighborhoods. They have discussed this issue and do have most of the neighborhoods within walking distance posted for no parking and they may be required to do additional posting. Case said he is totally in support of this proposal, however, he wants to be sure all of the "what ifs" have been addressed. Frey explained there would be some follow-up required. Thorfinnson said he too supports this but is wondering how they will enforce this.Frey responded the Police will monitor the parking lot as they did last year. They do have 90-minute parking buffers. There are 350 spaces available and all of those spots will not be sold. Thorfinnson asked if this fee is the same as what the High School charges. Frey stated staff is recommending a$100 fee while the High School charges $80. The higher fee is to encourage the students to park at the High School. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the request for parking permits for daytime use of the Community center and Round Lake parking lots effective from 7:00 a.m. until 4:00 p.m. Monday through Friday from the first day of school until the final school year and to tie this fee to the highest tier of the High School's fee schedule. Motion carried 4-0. 2. Renovation of Nesbitt Preserve Park Lambert reported they are well within the estimate projected and the amount budgeted in the five-year Capital Improvement Program. This project will be funded through the Cash Park Fee Fund. In addition, all of the bidders included a bid price for a new Round Lake boathouse building. Staff is not recommending awarding the contract for this building at the current time due to the need to assess the situation with the Round Lake beach and the Canada goose population. Butcher-Younghans asked if the improvements to the hockey rink facility will relieve any of the pressures from the Community Center for ice. Lambert responded it will probably be the same as in the past. MOTION: Case moved, Butcher-Younghans seconded, to award the Nesbitt Preserve Renovation Contract to Ingram Excavating in the amount of $364,908. This is accepting their base bid amount of $421,908 and exercising Alternative No. 8,which reduces the bid amount of$57,000. In addition, all the bids for construction of the Round Lake boat house should be rejected. Motion carried 4-0. CITY COUNCIL MINUTES August 17, 1999 Page 20 3. APPROVE AMENDMENT TO THE CITY CODE REGARDING USE OF PARKLAND Case explained he has talked to the President of the State Metal Detectors who said other cities grant permits for digging in parks. Case said he would like to review this matter to see if there are alternatives. Lambert explained they did look at a number of other cities' ordinances. This Code amendment does not mean they can't walk in the parks with a metal detector, it just means they can't start digging in the parks. Not only can a person with a shovel or a hand trowel cause damage to turf areas, there is also a possibility of hitting either an irrigation line or buried electrical lines that are present throughout the park system and are not marked. MOTION: Case moved, Thorfinnson seconded, to approve the first reading of an Ordinance amending City Code Section 9.04 entitled "Rules and Regulations Governing Parks." Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Extension of Closing Date for Lincoln Pare Apartments Uram reported that per the terms of a purchase agreement dated January 19, 1999, the City is in the process of selling Lot 4, Block 1, Eden Prairie Marketcenter Addition to Hartford Financial Services,the developer of the recently approved Lincoln Park project. The developer is requesting to have a closing date for the sale of this parcel extended from July 22, 1999 to September 22, 1999. The purpose of the extension is to allow the developer more time to obtain approvals for the use of Housing Revenue Bonds to help finance the project. MOTION: Thorfinnson moved, seconded by Case, to approve the first amendment to the purchase agreement between the City of Eden Prairie and Hartford Financial Services for the sale of Lot 4, Block 1, Eden Prairie Marketcenter Addition. Motion carried,4-0. D. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Traffic Signals at CSAH 39 (Valley View Road) and Super Valu Entrance/Market Place Drive, I.C. 99-5480 (Resolution No. 99-148) Dietz reported bids were received on August 17, 1999, for these improvements. A summary of bids and recommendation letter from Westwood Professional Services, Inc. was distributed to the Council. This project is anticipated to be completed this year. The project is being funded by the Tax Increment Fund and Super Valu,Inc. The low bid was CITY COUNCIL MINUTES August 17, 1999 Page 21 received from Killmer Electric Company in the amount of $192,732.50, which is approximately 2%below the engineer's estimate. MOTION: Thorfinnson moved, seconded by Case, to approve a Resolution awarding a contract for traffic signals at CSAH 39 (Valley View Road and Super Valu Entrance/Market Place Drive to Killmer Electric Company. Motion carried,4-0. 2. Award Contract for Lincoln Lane Street and Storm Sewer Improvements,I.C. 52-196 (Resolution No. 99-149) Dietz reported one bid was received on August 12, 1999, for these improvements in the amount of$109,879. This bid is approximately 36% above the engineer's estimate. Staff recommended this bid be rejected and they proceed with re-bidding the project at a later date for construction next year. MOTION: Case moved, Butcher-Younghans seconded, to approve a Resolution rejecting the bid for Lincoln Lane street and storm sewer improvements. Motion carried,4-0. E. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR F. REPORT OF MANAGEMENT SERVICES DIRECTOR G. REPORT OF CITY ATTORNEY XIH. OTHER BUSINESS A. COUNCIL FORUM INVITATION B. COMMISSION APPRECIATION BANQUET MOTION: Case moved, seconded by Thorfinnson, to set Thursday, September 30, as the date for the Commission Appreciation banquet to be held in the City Garden Room. Motion carried,4-0. XN. ADJOURNMENT MOTION: Case moved, seconded by Butcher-Younghans, to adjourn the meeting. Acting Mayor Tyra-Lukens adjourned the meeting at 10:20 p.m.