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City Council - 10/19/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 19, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Mayor Jean Harris was absent. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger removed Item V.E. and moved Item V.F., to IX.A.. Enger added Item VIII.B., Bluffs Country Village,East Commercial,West Commercial and Residential. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 5, 1999 MOTION: Case moved, seconded by Thorfinnson,to approve the minutes of the City Council Workshop held Tuesday, October 5, 1999, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 5, 1999 MOTION: Butcher-Younghans moved, seconded by Case to approve the minutes of the City Council meeting held Tuesday, October 5, 1999, as published. Motion carried 4-0. CITY COUNCIL MINUTES October 19, 1999 Page 2 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 99-183 APPROVING FINAL PLAT OF CITY HILL FELLOWSHIP C. DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1999 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE (Resolution No. 99-184) D. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH TKDA FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR WELL #14,I.C. 99-5500 E. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE PROJECT MANAGEMENT AGREEMENT — EDEN SHORES SENIOR HOUSING PROJECT F. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KERN, DEWENTER,VIERE,LTD. FOR AUDITING SERVICES FOR 1999-2001 G. PROCLAMATION PROCLAIMING OCTOBER 25-29 EDEN PRAIRIE EAGLE MARCHING BAND WEEK MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Items A-G on the Consent Calendar,with Items E and F deleted. Motion carried 4-0. VI. PUBLIC HEARINGS/MEETINGS A. BROWN ADDITION by Pemtom Land Company. Request for Planned Unit Development Concept Review on 23.87 acres,Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to R1-13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and theRl-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, and Musa Line addition of 1.65 acres. Location: East of Overland Trail and Frontier Place,North of Flying Cloud Drive. (Resolution No. 99-185 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution No. 99-186 for Preliminary Plat, and Resolution No. 99-187 for MUSA Addition) Enger reported that official notice of this public hearing was published on September 23, 1999,in the Eden Prairie News and sent to 42 surrounding property owners. Dan Herbst, of Pemtom Land Company, explained the location of the project is at the eastern end of the Settler's Ridge project, which his company has been developing. The Brown site has a total of 23.87 acres, and would be developed in two phases. Phase I would consist of development of approximately 3.7 acres, CITY COUNCIL MINUTES October 19, 1999 Page 3 divided into 8 family lots, with 6 acres dedicated to the City for parkland. Phase H would consist of 7.44 acres,with replatting of 4 lots, and a 7-acre outlot dedicated to the City. They plan to preserve all of the existing Indian burial mounds. As many trees as possible will be saved and moved to the front of the site. The developer plans to extend the trail on the Welter property through the ravine up to the park, if this can be worked out with owner. Otherwise a trail connection will be made from Overland Trail to Dell Road along the private road. Pemtom has requested a 1.65- acre amendment to the MUSA Line for the restored ravine area. Butcher-Younghans said this development plan is a model for historic preservation. There would be a 12-foot buffer from the earthworks, but she wondered what else could be done to protect them from encroachment by landowners. Herbst said the area will be protected with a conservation easement. Pemtom would include this in the language of the Declaration of Covenants. Uram stated the Planning Commission reviewed this proposal at its September 13, 1999, meeting and recommended it for approval by a 4-0 vote. Some concerns were expressed about preserving the earthworks. Lambert stated the Parks, Recreation and Natural Resources Commission reviewed this project at its September 20, 1999, meeting and voted 4-0 to approve it. The Commission recommended a 5-foot sidewalk be built at the back of the curb along the private street to the east property line. However,the developer would have to get an easement to connect the trail to Dell Road, so it is hoped the developer is successful in negotiating a direct trail connection. The Park and Recreation Service Area recommended the City Council consider approving it, subject to providing a trail connection from Overland Trail to Dell Road along the private road. This needs to be resolved before the City would allow any building permits. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council about this proposal. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfamson, to close the public hearing; and adopt Resolution No. 99-187 for Comprehensive Guide Plan Amendment for the MUSA Line expansion of 1.65 acres; and adopt Resolution No. 99-185 for PUD Concept Review on 23.87 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers on 8.59 acres, Zoning District change from Rural to R1-13.5 on 4.09 acres, and Zoning District Amendment with the R1-13.5 Zoning District on 1.02 acres and the R1-9.5 Zoning District on .82 acres; and adopt Resolution 99-186 for Preliminary Plat on 23.87 acres into 13 lots and 2 outlots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, and Council condition that a snow fence be put around earthworks during grading and construction. Motion carried 4-0. B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on 13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle. (Resolution No. 99-188 for PUD Concept Amendment and Resolution No. 99- 189 for Preliminary Plat) CITY COUNCIL MINUTES October 19, 1999 Page 4 Enger stated that official notice of this public hearing was published on September 23, 1999, in the Eden Prairie News and sent to 56 property owners. Brian Sullivan, with RLK Kuusisto, engineers and planners for Research Second Addition, said this is a request to subdivide the existing property into two lots, one of which will be retained by Starkey Laboratories and the other will be put on the market and sold. Originally they had proposed a different location for the lot line, which bisected the wetland. The City's Engineering Division recommended relocating the lot line to avoid going through the wetland, and this has been done. This created one lot that is less than the 5-acre minimum required by City Code, and a waiver has been requested. Uram said the Planning Commission voted 4-0 to recommend approval of the proposal at its September 13, 1999,meeting. Acting Mayor Tyra-Lukens asked if anyone wished to address the Council about this project. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 99-188 for PUD Concept Amendment on 13.13 acres; and approve 1"Reading of the Ordinance for Planned Unit Development District Review within the I-5 Zoning District with waivers on 13.13 acres; and adopt Resolution 99- 189 for Preliminary Plat on 13.13 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. C. ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc. Request for Guide Plan Change from Regional Commercial Service to High Density Residential on 7.95 acres and to Office on 1.02 acres, Planned Unit Development Concept Amendment on 8.97 acres, Planned Unit Development District Amendment with waivers on 8.97 acres, Zoning District Change from C-Reg-Ser to RM—2.5 on 7.95 acres and Office on 1.02 acres, Site Plan Review on 8.97 acres and Preliminary Plat on 8.97 acres into 2 lots. Location: Southeast Corner of Prairie Center Drive and Rolling Hills Road. (Resolution No. 99-190 for Guide Plan Change, Resolution No. 99-191 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution No. 99-192 for Preliminary Plat) Enger said official notice of this public hearing was published on October 7, 1999,in the Eden Prairie News and sent to 142 surrounding property owners. Bill Griffith, of Hartford Financial Services, said their most recent proposal for the site was in 1998, but the restaurant on the site was not approved and the proposal was withdrawn. This new proposal is for a three-story senior complex with 142 units, and an office building with 17,500 square feet, located at the southeast corner of Prairie Center Drive and Rolling Hills Road as part of the original Hartford Place PUD. It is hoped that the office building will be used as a medical center for the residents of the senior complex, which will have 74 independent living units; 48 units for assisted living, where some care will be CITY COUNCIL MINUTES October 19, 1999 Page 5 provided; and 20 units for residents with memory loss, who would require the greatest amount of care. Some of these will be set aside for affordable housing, and this matter will be brought up at a future meeting after the proposal is approved. He cited the need for housing in Eden Prairie that provides senior services at various levels, as this one does. The Eden Prairie Senior Issues Task Force found a need for more affordable senior housing. After the Planning Commission meeting, some changes the Commission requested have been addressed. Along the southerly edge of the site are existing town home units. To screen them from the project, a solid wall of 10-foot to 15- foot conifers will be planted along the south edge of the property. The existing wetland area is not being encroached upon and will be protected with a conservation easement. They have also looked at different alternatives for moving the office building farther from the residents of the town houses. He said Staff supports the last plan revision, which shows a setback of 70 feet. The number of vehicle trips per day in and out of the complex is estimated at 891. People living in a senior complex generate fewer trips and need less parking than in other housing complexes. Underground parking would be available for the people working in the office building, and the garage area is below the berm adjacent to the neighboring town houses. Tyra-Lukens said the parking for clients coming to the office building is not very convenient, and she asked if there is a way to get more parking closer to the building. Mr. Griffith said two parking spaces were deleted when the plan was changed to move the office building back farther on the site. There was discussion about having a skyway or enclosed connection between the senior housing and the office building, especially if it contains medical services used by the residents. The developer said this would be looked at in the future when it is known how the office building will be used. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council. Nora Van Haaften, 11041 Lexington Drive, showed pictures of her town house unit to indicate the difference in scale between her house and the senior housing complex. She said anything the architect can do to lower the scale of the senior housing complex would be appreciated. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing; and adopt Resolution No. 99-190 for Guide Plan Change from Regional Commercial Service to High Density Residential on 7.95 acres and to Office on 1.02 acres; and adopt Resolution No. 99-191 for PUD Concept Amendment on 8.97 acres; and approve 1st Reading of the Ordinance for a PUD District Review with waivers and for Zoning District Change from C-Reg Ser to RM-2.5 on 7.95 acres and to Office on 1.02 acres; and adopt Resolution No. 99-192 for Preliminary Plat on 8.97 acres into two lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. CITY COUNCIL MINUTES October 19, 1999 Page 6 Discussion followed. Thorfinnson inquired if the developer will go ahead with the project even if the City decides not to participate with funds for affordable housing units. Jay Jensen from Shelter Corporation responded they would have to go back to the corporation's Board of Directors, because going ahead without the affordable housing units would be against their Charter. Thorfinnson asked where the City stands on affordable housing at this time. Uram replied Staff discussion about forming a TIF housing district for this project is ongoing. Enger added the City has subscribed to the Metropolitan Council's Livable Communities Act and has been working to meet those goals. This project appears to be commensurate with those goals. However, it will be necessary to take a look at how much more, and to what degree, the City is going to use TIF for these projects. Thorfinnson suggested discussing this subject at a future workshop. Steve Burch, from LSM Architects, said they had originally thought of having a skyway connection between the housing complex and the office building, but do not consider that to be part of their proposal at this time. Thorfinnson said if the office building is used for medical services, there should be a connection to the housing complex. Case said there should at least be a sidewalk between the two and, if the office building attracts tenants offering medical services, the sidewalk should be covered or a skyway built. It could be a Council condition that it be a medical services building and not just another office building, and also to move it away farther from the berm. Jack Brandt, Hartford Financial Services, asked Council for flexibility in the use of the office building. It appears the market is strong for renting out 20,000 square feet. If the market is there, it would make sense to use it as a medical building. Butcher-Younghans said she was comfortable not tying the office building to a medical use. If it is not used for medical services now, it could be in the future. Thorfinnson said he would like more direct access if it becomes medical. Thorfimson inquired what the elevation of the buildings are compared with the town home belonging to Nora Van Hafften. Perry Ryan, Ryan Engineering, replied they are at relatively the same elevation. There may be 3- or 4 feet difference in elevation at the first floor level. The berm is 12-feet high, or at about the second floor of the town house. Jim Burch added the new proposal would place their building 11 feet farther away, and the berm and retaining wall would also be moved. Acting Mayor Tyra-Lukens directed Staff to look at the issue of access to the medical office building before the 2"a Reading. She called for a vote on the motion before Council. Motion carried 4-0. CITY COUNCIL MINUTES October 19, 1999 Page 7 D. SCENIC HEIGHTS OFFICE BUILDINGS by Peter Andrea Company. Request for Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change from Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary Plat on 4.06 acres into one lot and road right-of-way. Location: Scenic Heights Road, west of the Fire Station. (Resolution Authorizing Release of Restriction Resolution for Guide Plan Change, Ordinance for Zoning District Change and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published on October 7, 1999, in the Eden Prairie News and sent to 34 surrounding property owners. Gary Tushie, Tushie, Montgomery Architects, said they plan to construct two single-story office buildings of 18,000 square feet each, with parking on three sides. Uram said one issue that needs to be discussed is that there is a deed restriction on the property for church use, which will expire in 2001. Part of this project is to obtain City Council approval to remove the deed restriction at this time. The proponent is also requesting a Comprehensive Guide Plan change from Church to Office. The City has requested an access from the most westerly parking lot of these buildings to provide another access for the City, if it is needed. The Planning Commission voted 5-0 to approve the project at its September 20, 1999, meeting. Enger explained the City has a right to ask for additional access through this property. However, the City has some leasing restrictions on its property that would have to be worked out if an access was built. There are no plans to construct it now. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council. Beth Schulke, 8481 Hiawatha Avenue, questioned the wisdom of developing office buildings in this residential area. There appears to be a lot of office space for rent. Also, since this is Public land, she recommended not rezoning it at this time. There is value in having open space. She asked to have the developer wait a while and said a number of her neighbors agree with her. Theodore Hong, 8210 Hiawatha Circle, said there was a lot of noise and disruption when the fire station was built, and there is still a lot of debris on the property, some of which blows into his yard. Now residents are being asked to endure the construction of these office buildings, and he asked for a delay. When built, these office buildings will add more traffic. There are no left-turn or right- turn lanes on Scenic Heights, so it is difficult to make turns. However, he hopes this additional traffic will not lead to having a four-lane road. Thorfinnson said although this is zoned Public land the church actually owns this piece of land. Butcher-Younghans said the debris on the fire station property mentioned by Mr. Hong,needs to be cleaned up. CITY COUNCIL MINUTES October 19, 1999 Page 8 MOTION: Case moved, seconded by Thorfinmon, to close the public hearing; and adopt the Resolution Authorizing Release of Restriction for church use on 4.06 acres; and adopt the Resolution for Comprehensive Guide Plan Amendment from Church to Office on 4.06 acres; and approve lst Reading of the Ordinance for Zoning District Change from Public to Office on 4.06 acres; and adopt the Resolution for Preliminary Plat on 4.06 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Butcher-Younghans, Thorfinnson, and Tyra-Lukens expressed a lack of enthusiasm for this project. Butcher-Younghans said she doesn't believe it fits well in this neighborhood, and Thorfinnson said it would be better situated on Technology Drive. Tyra-Lukens said she is concerned about the deed-restriction change and the change in the Guide Plan from Church to Office. She also expressed concern about the additional amount of traffic this project would generate and would not want to see Scenic Heights widened as a result. Also, architecturally, she doesn't believe the office buildings are a good fit in this neighborhood. They are basic office buildings with a metal roof. Enger said since there are four members of the Council present, and a Guide Plan change takes approval of four out of five members, that cannot be done at this time. Staff looked at the traffic issues and access issue. Scenic Heights Road was designed to handle this additional amount of traffic — about 300- to 400 trips daily. It is essentially a four-lane undivided road, and there are no plans to widen it. He empathizes with the neighbors about the growing pains the City is going through at this time. He said it would be in the proponent's best interest to ask for a continuance of the public hearing. Gary Tushie said letters were sent to the neighbors in June, six of whom came to a meeting and were in support of the plan and liked the architecture. He asked for better direction from the Council on what architectural changes they would like to see made. Tyra-Lukens said a list of office buildings, indicating the type of architecture the Council has approved in the past, could be put together for the architects to review. Case said he came to the meeting prepared to vote for this proposal. He believes these office buildings are fairly non-intrusive to the neighborhood and wondered what the other Councilmembers believe should be built on the property. Tyra- Lukens replied she would prefer services that support the neighborhood, such as a day care. Case said it is also appropriate to have offices that serve the neighborhood. They would generate less traffic than a day care. Thorfinnson said he would support the project if the architecture had a more residential look. Butcher-Younghans said she would approve it if the style were CITY COUNCIL MINUTES October 19, 1999 Page 9 more appropriate to the neighborhood. Tyra-Lukens said the proponent may ask for a continuance for architectural changes to make it more residential in nature. Tushie requested continuance to the November 16, 1999, Council Meeting, in order to make architectural changes. Case withdrew his previous motion. MOTION: Case moved, seconded by Butcher-Younghans, to continue this public hearing until November 16, 1999. Motion carried 4-0. Acting Mayor Tyra-Lukens recessed the meeting at 9:05 p.m. for ten minutes. The meeting resumed at 9:15 p.m. E. PICKLED PARROT & SW METRO by Pickled Parrot& SW Metro. Request for Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD, Planned Unit Development District Review with waivers 1.67 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres, Site Plan Review on 1.67 acres, and Preliminary Plat on 22 acres into 2 lots and one outlot. Location: Technology Drive and Prairie Center Drive. (Resolution No. 99- 193 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 99-194 for Preliminary Plat) Enger reported that official notice of this public hearing was published on October 7, 1999,in the Eden Prairie News and sent to 6 surrounding property owners. John White, owner of the Pickled Parrot restaurant in downtown Minneapolis, said he has been in the restaurant business since 1970. He and his partner, Chip Ison, have been looking forward to expanding into Eden Prairie. He introduced Darrin Lazon from Landform Engineering. Lazon said the 12,000-square-foot restaurant will be built on a 1.67-acre parcel and will have at least 225 seats. A waiver is being requested for off-site parking on land owned by Southwest Metro Transit. He submitted a letter requesting an early-grading permit. Uram said this project is the culmination of three years of working to find a place for this restaurant. The Planning Commission voted 5-0 to approve this project at its September 27, 1999,meeting. Butcher-Younghans inquired at what time of day parking would become available from Southwest Metro. She was told the parking lot starts emptying at about 3:30 p.m. Lazon said parking at the restaurant would be increasing at about the same time the Southwest Metro parking is becoming available. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council on this project. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 99-193 for PUD Concept Amendment CITY COUNCIL MINUTES October 19, 1999 Page 10 on 22 acres; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Reg Ser Zoning District on 1.67 acres; and adopt Resolution 99-194 for Preliminary Plat on 22 acres into two lots and one outlot, and road right-of-way; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and to allow an early grading permit at builder's risk. Motion carried 4-0. F. AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000 (Resolution No. 99-195) Uram explained that a provision in the 1999 Omnibus Tax Bill requires that cities hold a public hearing and adopt a resolution before a "levy certification tax rate" increase may be allowed. This public hearing is in addition to the Truth in Taxation meeting scheduled for December 6, 1999. The tax rate is based on 2000 tax capacity. The "2000 levy certification tax rate" went up because of the proposed levy increase of $1,501,429. The resolution approving the tax rate increase must be certified and filed with the county auditor by October 20, 1999. Acting Mayor Tyra-Lukens asked if anyone present wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution No. 99- 195 authorizing a tax rate increase for the 1999 tax levy, collectible in 2000. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher- Younghans, Case,Thorfinnson and Tyra-Lukens voting"aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE FOR A STREET NAME CHANGE FOR A PORTION OF KURTZ LANE TO ADDIE LANE Dietz explained there is a cul-de-sac by the name of Kurtz Lane coming off Kurtz Lane 250 feet before the T-intersection where Kurtz Lane turns in a southerly direction and Birch Island Road turns in a northerly direction. Staff received a petition from 100 percent of the affected property owners asking for a street name change to Addie Lane for the cul-de-sac. MOTION: Case moved, seconded by Thorfinnson, to adopt the first reading of an Ordinance changing the name of Kurtz Lane through Birch Island Acres 2nd Addition to Addie Lane. Motion carried 4-0. B. BLUFF COUNTRY VILLAGE WEST COMMERCIAL, WEST RESIDENTIAL, AND EAST COMMERCIAL Request by Hustad Land for CITY COUNCIL MINUTES October 19, 1999 Page 11 Second Reading of the Ordinance for Planned Unit Development District Review and Zoning change, adopt Resolutions for Site Plan Review, and approve Developer's Agreements. Location: Pioneer Trail and Highway 169. (Ordinance for PUD District Review and Zoning change and Resolutions for Site Plan Review) Enger explained that the developer is here to go over specific changes requested by the Council at its August 17, 1999, meeting. Since the plan for the senior housing and retail on the East Commercial project is considerably different now, he suggested it go through the public hearing process again. It would be appropriate for Council to concur with the concept at this time; however, the specific site plan would not be approved until after the public hearing. Brian Cluts described the changes made as requested at the lst Reading on August 17, 1999. (1) Bluff Country Village West Residential. - Preservation of tree mass along the northern border. - Public easements on walkways and trails. (2) Bluff Country Village West Commercial - Rotate the gas station 90 degrees. - Eliminate car wash or limit hours it's open - Redesigning architecture of all commercial buildings to be complementary in nature and to include more detail, and texture reflective of a traditional downtown. (3) Bluff Country Village East Commercial - Proof of parking on the Walgreens site. - Architectural improvements to Walgreens. - Road access from Walgreens to be a three-quarter intersection. With regard to the East Commercial project, Cluts said Staff recommendations were to provide an alternate plan for either senior housing or office retail, with a "park and ride." Enger pointed out that the site plan for the housing site is different from the plan approved by the Council on August 17, 1999. The new plan is a 55-unit senior building with a separate 3,500 square-foot retail building. The Council approved a 30-unit senior building with no retail. The housing and commercial plan proposed by the developer is supported by Staff because it eliminates the access road and creates a large berm. Cluts said he would bring this back for submittal to the Planning Commission and afterward to the City Council. Cluts said Walgreens' modified architecture now includes a mansard roof, and shingles,brick and stucco siding to match the other buildings. The 3/a intersection road access from Walgreens has been incorporated into the plans. Butcher-Younghans asked what color roof and siding Walgreens will have. Cluts CITY COUNCIL MINUTES October 19, 1999 Page 12 said the colors will be earth tones. Tyra-Lukens said the new design looks basically the same as the previous one, other than the roof line. The colors may be compatible, but the design doesn't tie in with the rest of the buildings on the site. She would like to see it blend with the other buildings. Case said the concept plan that Council saw a year ago had more of a village look. Tyra- Lukens asked Cluts if the roof line could be changed. Cluts responded that Walgreens is doing their own design so he couldn't speak for them. Thorfinnson asked if Cluts knows what the commercial building is going to look like. Cluts showed a concept drawing in black and white, and Thorfinnson said he would like to see Walgreens match the look of this building. Cluts said the "park and ride" concept came as a result of the directive to find 75 parking spaces on the western property. Working with Staff they were able to come up with 58 car spaces in the area directly west of the gas station. An option of sharing the most easterly parking with the retail center would bring this up to 95 parking spaces. They have reviewed this with Southwest Metro, which gave them a planning guide for"park and ride"lots and approved the plan. Enger said since the design of Walgreens is being handled separately and their architect is not here at the meeting,he suggested the property owners' architect be responsible for the overall design for the project, and the Staff could finish up those details on the Walgreens building. MOTION: Case moved, Butcher-Younghans seconded, to approve the Bluff Country Village East project except for the senior housing and commercial area, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning change; and adopt the Resolution for Site Plan Review; and approve the Developer's Agreement for Bluff Country Village East — Commercial, with the Council condition that Staff scrutinize the changes in the architecture of Walgreens store prior to issuance of any permits. Discussion followed. Pauly questioned whether it is appropriate to separate the East— Commercial for approvals. He asked if the public hearing is for the whole East project. Enger stated returning for a public hearing is contained in the Developer's Agreement for the Bluff Country Village East- Commercial. This agreement will include the requirement for review of the senior site by the Planning Commission and City Council. At this time Council could approve the concept plan for senior housing and all other approvals except for the site plan. The Developer's Agreement with site plan approval is required prior to granting any building permit. He suggested going forward with the West- Commercial and Residential and to continue the East - Commercial for two weeks. Staff would work with Walgreens on the design in the meantime and the Developer's Agreement set up in the right way so that the senior project and retail project can be dealt with separately. He told the proponent it would be in his best interests to request a continuance. Cluts requested a continuance for two weeks,until November 2, 1999. CITY COUNCIL MINUTES October 19, 1999 Page 13 Pauly suggested making separate motions for each of the three areas. Case withdrew his original motion. MOTION: Case moved, Thorfinmon seconded, to continue the Bluff Country Village East Commercial until November 2, 1999. Motion carried 4-0. MOTION: Butcher-Younghans moved, seconded by Thorfimmson, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning change; and adopt Resolution 99-196 for Site Plan Review; and approve the Developer's Agreement for Bluff Country Village West—Commercial. Motion carried 4-0. MOTION: Case moved, seconded by Butcher-Younghans, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning change; and adopt Resolution 99-197 for Site Plan Review; and approve the Developer's Agreement for Bluff Country Village West—Residential. Motion carried 4-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS A. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KERN, DEWENTER,VIERE,LTD. FOR AUDITING SERVICES FOR 1999-2001 Bill McHugh of Eide Bailly, LLP, asked that the City defer its decision to offer the contract to another auditing firm and to give further consideration to Eide Bailly, which had the second lowest bid. Eide Bailly has been serving Eden Prairie for the past three years and would like the chance to continue as the City's auditors.. He pointed out that his firm is located in Eden Prairie, while the other .firm is in St.Cloud. Tyra-Lukens said the City is not dissatisfied with the work of Eide Bailly, but has a responsibility to consider the taxpayers' dollars. With the low bidder, the savings to the City would be$9,300 over three years. Uram said that three years ago the City sent out RFPs, and were able to save the City $30,000 by contracting with Eide Bailly. Now other firms' prices are extremely competitive. Kern, Dewenter, Viere audits 60 different communities. Their bid was $74,750 and Eide Bailly's bid was $84,600. Some cities require switching auditors every three- or five years. The Staff is recommending using this firm for the next three years,based on the quality of the firm and submittal of the lowest bid. Thorfinnson said, while he doesn't disagree the that City needs to be fiscally responsible, he doesn't like to take business away from an Eden Prairie business and send it to a St. Cloud business. If there is an option, he would like to support businesses in Eden Prairie. Case inquired if Staff tries to go with Eden Prairie businesses if bids are close. Enger said the direction historically has been to buy from Eden Prairie businesses, CITY COUNCIL MINUTES October 19, 1999 Page 14 particularly for commodities. For items being bid the City would be required to take the low bid. However, for contracted services the City is more flexible and doesn't have to take the low bid. It is within the purview of Council to select the firm they wish to pick. If Council thinks the amount is not substantial and would like to give the contract to an Eden Prairie firm, there would be no problem with that. Uram explained this contract is a lump-sum package, including the City, Southwest Metro, and the Firefighter's Relief Association. He believes the $74,750 bid would be the best deal for Eden Prairie. Butcher-Younghans said she believes in using Eden Prairie services, but also believes in healthy competition. She would be willing to go with the firm Staff suggested,with the idea that in three years Eide Bailly could again submit a bid. Case said he would be in favor of using the new accounting service. Tyra-Lukens said the difference in the bids is 15 percent,which is significant. She invited Eide Bailly to bid again in three years. MOTION: Butcher-Younghans moved, seconded by Case, to authorize professional services contract with Kern, DeWenter, Viere, Ltd. for auditing services for 1999-2001. Motion carried 4-0. X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XH. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report from Councilmember Butcher-Younghans on Overlook Park Butcher-Younghans said it was brought to her attention that there has been some severe vandalism to Overlook Park, one of the most historic sites in the City. This park is owned by the Metropolitan Airports Commission, and is a former wayside rest that offers a vista of the Minnesota River Valley, right off Highway 212. The City has given the park heritage site designation, and it is eligible for the National Register. Butcher-Younghans said the wayside rest and its stone walls are believed to have been constructed in 1938 as part of the WA program and, therefore, part of our American culture. In the past week someone has hammered out part of the wall and stolen the Platteville limestone, which is now difficult to obtain. It needs to be rebuilt, if possible. In addition to this damage, there are car parts, shingles, and other trash that has been dumped there. She believes there may still be enough left of the wall for it to be eligible for the National Register. CITY COUNCIL MINUTES October 19, 1999 Page 15 Butcher-Younghans asked citizens to be aware of the City's historic sites and if they see anything suspicious going on, to contact the Eden Prairie police. Enger said the police are looking into this vandalism. Staff will be working with MAC to secure this site and to get it cleaned up. It has been overgrown with vegetation, and lack of visibility of the site contributes to its abuse. Significant restoration of the site will be required. Eden Prairie police will be asked to patrol the area more frequently. The City will also attempt to make citizens more aware that this is a historic site. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Report of Preserve Park Renovation Meeting with Residents Lambert met with Preserve Park neighborhood residents on September 28 and had a second meeting on October 11 in an attempt to resolve their concerns about the park renovation. At the second meeting they addressed the question of using portable rinks. After evaluating this option, Staffs recommendation was to not use portable rinks. Other cities are trying to get away from using them. The residents agreed to accept the use of 20-foot hooded light standards around the rink. The City has received 2500 yards of free fill to build a berm 3- to 4-feet high, and next spring 8- to 10-foot evergreens will be planted. This should address most of the neighbors' concerns. Enger said these concerns were brought to Council's attention at a recent Council forum. One of the concerns voiced by the people at the forum was the process the City went through. The process the City has was followed well. After meeting with about 30 neighbors of the park, the comments made caused him to think about the structure of the new Boards and Commissions. He believes this new structure would address the types of concerns people had about the Preserve Park project. One person asked if the City considers changing demographics into consideration when planning a park like this,which it does. This is one of the City's Strategic Initiatives. Under the reorganization of the Boards and Commissions, the Community Program Board would look at suggestions from the Parks, Recreation, and Natural Resources Commission, and evaluate those, and one question that would be addressed would be consideration of changing demographics. The needs of some people in the Preserve Park neighborhood have changed over the years. There is an increasing need in the community for organized athletics, which is not necessarily the result of changing demographics, so people living around the neighborhood park have CITY COUNCIL MINUTES October 19, 1999 Page 16 different needs. In the future a park plan like this would go to the Community Planning Board,which would be considering the project from the standpoint of the site plan alone, and the Community Program Board would be looking at whether or not the programming of it meets the City's Strategic Plan. Enger believes the City is going in the right direction in following this new process. 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 Acting Mayor Tyra-Lukens said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in the Training Room. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Acting Mayor Tyra-Lukens adjourned the meeting at 10:35 p.m.