Loading...
City Council - 07/10/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, JULY 10, 1990 CITY HALL COUNCIL CHAMBERS, 7:30 P.M. 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, City Engineer Alan Gray, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tenpas moved, seconded by Pidcock, to approve the agenda. Peterson said that on Item IV. B. Village Knolls by Argus Development, the proponent had requested a continuance to the next meeting, July 17. Pidcock added to Item X. A. Reports of Councilmembers, the following: (2) Some observations on recycling in New York; (3) Control of the goose population; 4) Access at Lariat Center. Anderson added the following: (5) July 4 celebration; (6) the storm damage. Motion to approve the agenda as amended carried 5-0. I1. MINUTES A. City Council Meeting held Tuesday, June 19, 1990 Tenpas moved, seconded by Harris, to approve minutes of June 19. Harris said that on Page 5 of the Minutes, the first paragraph under the Motion, should read: Tenpas moved, Harris ,seconded that the Council ask Mn/DOT to hold a neighborhood meeting to include Council staff and Council members. Minutes approved as amended 3-2 with Pidcock and Peterson abstaining because they were absent on June 19. s i I p� E q t i i 4 City Council Minutes 2 July 10, 1990 III. CONSENT CALENDAR A. Clerk's License List B. Authorization to Issue Certificates of Indebtedness for Radio Tower C. Authorize MWCC Permit Application for Boulder Pointe Townhomes (Resolution No. 90-176) D. AvProval of Final Plat of Edenvale Industrial Park Sth Addition (located at the Northwest corner of Corporate Way and Martin Drive) Resolution No. 90-172 E. Award Contract ,for I.C. 52-156 Extension of Mitchell Road to County Road #1 (Resolution No. 90-173) F. Joint Cooperation Agreement for CDBG Fiscal Years 1991, 1992, 1993 (Resolution No. 90-177) G. NELSON ADDITION by David Nelson. 2nd Reading of Ordinance No. 35- 89, Rezoning from R1-22 to R1-13.5 on 2.41 acres; Approval of Developer's Agreement for Nelson Addition; and Adoption of Resolution No. 90-162, Authorizing Summary of Ordinance No. 35-89 Ordering Publication of Said Summary. (Ordinance No. 35-89 - Rezoning; Resolution No. 90-162 - Authorizing Summary and Publication) H. BOU,)D2ER POINTE WEST TOWNHOM, S by David Carlson Companies, Inc. 2nd Reading of Ordinance No. 22-90, Rezoning from. R1-22 to RM-6.5 on 8.26 acres; Approval of Developer's Agreement for Boulder Pointe West 4 Townhomes; and Adoption of Resolution No. 90-161, Authorizing Summary of Ordinance No. 22-90 and Ordering Publication of Said Summary. (Ordinance No. 22-90 Rezoning; Resolution No. 90-161 - Authorizing Summary and Publication) I. Summary of Findings on the Pr2posed Flvipg Cloud Airport Noise Abatemftnt Plan (Resolution No. 90-171) (Removed from the Agenda) J. Approve Agrjtm!2 }t with Mn/DST for Traffic Sisenal at Dell RWad and (Resolution No. 90-178) K. Partial Rel2ase of Oven MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. MOTION Anderson moved that Item I regarding Flying Cloud Aiport be removed from the consent calendar and carried forward to the July City Council Minutes 3 July 10, 1990 17, 1990 meeting to allow for more discussion. Seconded by Harris. Motion approved 5-0. Motion to approve the Consent calendar as amended approved 5-0. IV. PUBLIC HEARINGS A. HOLTZE EXECUTIVE RESIDENCE by Holtze Brothers Development Company. Request for Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Office and C-Reg to C-Reg-Ser on 5.6 acres, Site Plan Review on 5.6 =re3, and preliminary Plat of 7.2 acres into one lot and one outlot for construction of a 220 unit hotel development. Location: Southwest corner of Valley View Road and Office Ridge Circle. (Ordinance No. 23-90-PUD-10-90 - PUD District and Rezoning; Resolution No. 90-165 - Preliminary Plat) Continued from June 19, 1990 Dawson said that notice of the public hearing was sent to owners of 22 surrounding properties and published in the June 7, 1990 issue of Eden Prairie News. The proponent was seeking approval to construct a 220-unit hotel. Peter Beck spoke for the proponent, Holtze Brothers Construction Company. He spoke about the developer, the project, and the one remaining issue on the project which was the exterior building materials. The hotel was designed and marketed for long-term executive stays, . from a few days or weeks to several months. Primary marketing concepts were the creation of a comfortable residential environment, and stressing the residential nature of the facility. Beck said there had been agreement with the Planning Commission and Staff on all issues except the exterior building materials. The request was to build this project at 50 percent brick or better, whereas the ordinance guideline was 75 percent brick or better. Originally they had planned to request the project be done completely in wood siding because they believed the siding would make their guests feel as if they were in a residential building. Market studies had shown this to be true and had been a big selling point. This was their reason for bringing this issue before the Council. It was also a cost issue but this was secondary to the marketing issue. Enger said that the Planning Commission reviewed this item at their May 29 meeting and recommended on a 6-0 vote approval of the request for Preliminary Plat, Rezoning, and Planned Unit Development approval based upon plans dated May 9, 1990, subject to the recommendations of the staff report dated May 25, 1990. The Staff recommended that the development plans be revised to meet City Code requirements for exterior material to reflect warmer colors compatible City Council Minutes 4 July 10, 1990 with adjoining land use within the PUD, and revise the landscaping plan for better screening from Office Ridge Circle. A resolution of the screening issue on Office Ridge Circle but had been reached but staff not received revised plans for parking lot along Office Ridge Circle to be screened according to City Code. The issue was one of exterior materials. Enger cited the instance where Target came to Eden Prairie when there were no brick Target stores in the United States. Target was adamantly opposed to constructing a brick building rather an exposed aggregate. Target believed that exposed aggregate was so identified with its corporate image that it could not change. However, the Eden Prairie Target store was one of the top ten most successful in the United States, even though it was built of brick. Enger gave the Brock Residence Inn as another example of a firm that wished to keep the residential look to their buildings. In this case, the Council held to the ordinance of 75 percent brick or better, bearing in mind that window glass is counted in the 75 percent figure. It was not a visually overbearing amount of brick and was very residential in character. Enger said the City's experience with wood in commercial buildings was that it required a lot of maintenance to keep it looking good. Enger said the Code did not provide for the administration of the 75 percent brick or better to be divided among building elevations or ., among buildings as suggested by Mr. Beck. In this case, the proponent had chosen to do so in that the outer ring of buildings would be 100 percent wood, and the inner five buildings would be brick and glass. In terms of maintenance, more than half of the project would use material that did not have the durability of brick. Enger added that from a staff and Planning Commission perspective, this was an attractive project. The location was appropriate and a welcome addition to the Eden Prairie Major Center area and the Planning Commission recommended approval. Harris asked Enger what the percentage of brick and wood was on the Fountain Place apartments. Enger replied that the Council approved a 68 percent brick versus wood on that project because the proponent was concerned about the use of brick above four stories. Tenpas asked if the additional material would be wood. Beck said that it was proposed to be wood, but it could be longer-term, more r durable material such as vinyl. i Pidcock asked if Enger proposed the color should be similar to the Residence Inn. Enger replied that the Planning Commission's objection was to the white wood and the black roof as looking institutional, and that perhaps the proponent may want to look at something that had a warmer appearance than white. City Council Minutes 5 July 10, 1990 Anderson said that he objected to changing the 75 percent brick or better requirement on this project because of the durability of brick and because of Eden Prairie's success with it in commercial developments. Tenpas said he thought this was a good use of the site with the additional landscaping that would be done, and considering the success that this company has had in Denver. He said he would prefer that it not use wood but that the Council should look at other long-lasting materials other than brick. John Hedberg from the Super Valu Stores headquarters said there was a concern about the traffic in the area and asked if any studies had been done. Beck replied that the City had done a traffic analysis. The hotel would generate very little traffic, and it would be primarily off-peak hours so it would not conflict with the office users at Office Ridge Circle or with Super Valu. Harris said she would like to be assured that any other material used is something of long-standing durability. Peterson said he concurred with the Planning Commission, Staff, and Anderson that the requirement for 75 percent brick or better did not mean that the material all had to be brick, but it had to be something comparable. Peterson said he would support the Code as it now stood. Anderson said that decisions that determine which direction the City should go should not be made on one project. His concern was that if changes were made that they be done through a process and not on a project-by-project basis. Peterson asked Enger if the issue of the additional shrubs and conifers had been resolved. Enger replied that the only place where resolution had not been reached was along Office Ridge Circle and the proponent had assured the Planning Commission this will be done. Peterson asked if Enger had had discussion with the proponent regarding vinyl. Enger said he had spoken with Eric Holtze about exterior materials and talked about the possibility of vinyl. What had been proposed was wood, so other products had not been reviewed. Enger suggested some percentage less than 75 percent brick. He suggested the proponent prepare additional drawings to show part brick on each building, and the remaining material be of a durable siding other than wood. Beck said that the one thing that could Jnot be done was to mix materials on the buildings because some buildings were considered hotels and some residences. They would consider vinyl siding on some buildings. a Y City Council Minutes 6 July 10, 1990 There were no additional comments from the audience. Harris moved to continue this item to the July 17, 1990 Council Meeting to offer an opportunity for additional discussion. Seconded by Pidcock. Motion approved 5-0. B. VILLAGE KNOLLS by Argus Development. Request for Planned Unit Development Concept Review on 42.7 acres, Planned Unit Development District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13.5 District on 8.7 acres. Preliminary Plat of 42.7 acres into 23 single family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Resolution No. 90-166 - PUD Concept; Ordinance No. 21-90-PUD-9-90 - PUD District and Rezoning; Resolution No. 90- 167 - Preliminary Plat) Continued from June 19, 1990 Pidcock moved, seconded by Tenpas, to continue this item to the July 17, 1990 meeting of the Council as requested by the proponent. Motion approved 5-0. C. BENTEC by Bentec Engitneerina Corporation. Request for Zoning District Amendment and Site Plan Review within the Office Zoning District on 1.85 acres with variances to be reviewed by the Board of Appeals for construction of a 1900 square foot addition to the Bentec e Engineering building. Location: 13050 Pioneer Trail. (Ordinance No. 24-90 - Zoning District Amendment) Continued from June 19, 1990 Dawson said notice of this public hearing was sent to owners of 49 surrounding properties and published in the Eden Prairie News. Bob Smith representing Bentec Engineering explained the location and the project. The proposal is to add ends to the building in two locations. Bentec is requesting advanced approval and support to get the permits prior to the Developer's Agreement contingent on the approval of the variance. Enger said this item was reviewed by the Planning Commission at its May 29, 1990 meeting. It recommended approval 6-0 subject to the plans dated May 24 and staff report dated May 25. The developer must receive approval for the variance from the Board of Appeals prior to proceeding. The variance was for setback from 35 feet down to 18 feet. Peterson asked about the view of the end of the building from Highway 169 and if there was an attempt to do any kind of screening or landscaping. Smith said that the existing woods screened the existing plain brick wall 30 feet above the traveled roadway. There were no additional comments from the audience. City Council Minutes 7 July 10, 1990 MOTION Harris moved that the public hearing be closed and approve the first reading of Ordinance No. 24-90 for Zoning District Amendment and direct the staff to prepare an amendment and develop an agreement incorporating Planning Commission and Staff recommendations. Pidcock seconded. Motion approved 5-0. MOTION Harris moved that the Council grant early grading and building permits to the proponent contingent upon the proponent obtaining the necessary variances with the understanding that the proponent proceed prior to the second reading at his own risk. Pidcock seconded. Motion approved 5-0. D. CHI CHI'S RESTAURANT by Consul Restaurant Corporation. Request for Planned Unit Development District Review, with waivers, within the overall Preserve Commercial Park North Planned Unit Development and Zoning District amendment within the C-Reg-Ser District on 2.23 acres and Site Plan Review on 2.23 acres for construction of an additional parking lot for Chi Chi's Restaurant. Location: Prairie Center Drive and Crystal View Road. (Ordinance No. 25-90-PUD-11-90 - PUD District and Zoning District Amendment. Dawson said that Chi; Chi's sought three approvals in order to add 36 stalls on property currently under construction as Chi Chi's restaurant. Notice of the public hearing was property send to owners of the surrounding properties and published in the Eden Prairie News. Enger said that the current site plan provided all the parking required by City Code. The proposal was to give the ability to add 36 spaces on property owned by Ed Flaherty. The Planning Commission had recommended approval There were no comments from the audience. MOTION Pidock moved that the public hearing be closed and the first reading of Ordinance No. 25-90-PUD-11-90 for PUD District and Zoning District Amendment be approved. Tenpas seconded. Motion approved 5-0. City Council Minutes 8 July 10, 1990 ° MOTION Pidcock moved that Council direct staff to prepare an amendment to the Developer's Agreement incorporating Commission and staff recommendations. Tenpas seconded. Motion approved 5-0. E. VACATION OF 90-06 - VACATION OF DRAINAGE & UTILITY EASEMENTS WITHIN LOTS 11 & 12, BLOCK 3. YORKSHIRE POINT (Resolution No. 90-174) Dawson stated that notices of this public hearing were properly mailed and published. There were no comments from the audience. MOTION Pidcock moved that the public hearing be closed and Resolution 90- 174 for vacation of the easements be approved. Tenpas seconded. Motion approved 5-0. V. PAYMENT OF CLAIMS Anderson moved the payment of claims, seconded by Pidcock. Peterson questioned Item 60732 on Page 1599, the lightning damage to the computer at the Police Department and asked whether this was not covered by insurance. Dawson said that there was a high deductible on this policy which is cumulative through the year and this would be applied to the deductible. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VT. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Receive petition and authorize preparation of a feasibility study to consider utility and street improvements for Staring Lane and Ridste Road and Vicinity, I.E. 52-203 (Resolution No. 90-175) Dawson stated that additional signatures to the petition had been received from the residents of this area for utility and roadway improvements. The petition had been signed by more than 35 percent of the residents with frontage in the area. If the Council eventually adopted a resolution ordering the improvements rquested, it could be approved with three votes instead of four, which would be necessary when less than 35 percent of the residents petitioned for such a City Council Minutes 9 July 10, 1990 request. At this q point the request was for a feasibility study to look at the technical issues and costs. LeRoy Heitz, 9281 East Staring Lane, spoke against the improvements, stating that the cost to his property would be approximately $18,000. He viewed this cost as being prohibitive inasmuch as he already had working, environmentally-safe water and sewer systems. He believed that the Fire Department would be able to handle a fire in the area. Peterson asked Pauly what the options were when the Council received a valid petition. Pauly said that the action tonight was not to order in the work but to order a feasibility study, so the Council had the discretion to do so regardless of the number of people signing the petition. Harris asked Dietz if the costs quoted by Mr. Heitz were what could be expected for each resident. Dietz replied that there is a policy that limited special assessments to $15,O00. Added to that was the cost to make the connection from the street to the house, and Mr. Heitz's $3000 estimate was close. Dietz said he had advised the residents that the Council had in3tituted a five-year exclusion policy for utilities, that the initial assessment would be only for streets and storm sewer. He had also advised the property owners that at this time the City did not have a policy requiring a connection at any point as long as their system was working. If the system were to fail, they would be required to hook up. So far the petition has been signed by 40.6 percent of the residents. Jim Peterson, 9161 E. Staring Lane, spoke in favor of the water, sewer and blacktop street. Gale Olson, 9051 E. Staring Lane, also spoke in favor of the improvements, stating that he believed he had inadequate fire protection at the present time. Sherri Heitz, 9281 E. Staring Lane, said there were several of the neighbors in the area who would be in danger of losing their houses because they would be unable to pay for the assessments for these improvements. Anderson asked what the policy was for retired persons. Dietz said there was a senior citizens deferment of all special assessments. Mr. Heitz asked that if City water and sewer should go in but a person had a lot that could be divided, and the owner chose to keep it, would the owner have to pay the special assessments fcr each portion. Peterson said that the assessments would be made at the time of the sale. Deitz said that if there were additional development potential beyond one lot, that assessment be would be deferred until development. Dietz pointed out that this matter was not a public hearing and it was only to consider the feasibility study. He also pointed out that the s City Council Minutes 10 July 10, 1990 life expectancy of a utility system is between 50-70 years and the life expectancy of a septic tank was about 20 years. Initially there may be some higher costs for utiiities, but in the long run the utilities would be there longer. Pidcock moved that a feasibilty study be prepared for this area. Seconded by Harris. Motion approved 5-0. VI1I. REPORTS OF ADVISOFY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Revorts of Councilmembers 1. Summer Vacation Schedules for Councilmembers (continued from June 19, 1990) Dawson said that this request was made because there may be actions this summer requiring four votes and staff could schedule these items when all members would be present. Anderson said he may possibly be gone for the first mee�ing in August. Pidcock said she would be absent for the second meeting in August. She will be out of town August 16-29. Harris said she would be absent for the first meeting in November. 2. Recycling Pidcock said that on a recent trip to New York, she was impressed with its good recycling program, and would like to see such a thing in Eden Prairie. i 3. Goose Control j t Pidcock said that she noted that Chanhassen has a good program for control of the goose population, and would hike to know if Eden Prairie had a policy for such a purpose. Dawson replied that there was a policy adopted last year; that if there were a request from a resident or a business to have geese removed, and if there was consent from the neighbors in the area, Dr. Cooper at the University would be contacted and would do the removal. It was essentially done on an as-needed basis. 4. Access at Lariat Center Pidcock also talked about the traffic turns at Lariat Center. She said she had had a lot of complaints from merchants because there is only one way to get in there by Applebee`s. Peterson said the road will eventually be extended to Franlo. Pidcock said itthat since MnDOT had cut off the southern exit on Hwy. 169 there City Council Minutes 11 July 10, 1990 was only one way in. Deitz said that construction should be completed this summer. Deitz also said that the traffic consultant had analyzed the area when Applebee's came through and decided that it would not be desirable to have another full intersection that close to Hwy. 169 because it would not be safe or effective. Deitz said there may be some TIF money available to remedy this situation. 5. July 4 Event Anderson stated that he thought this year was the biggest and best Fourth of July celebration the City had ever had and that the Council should commend all those who had a part in it. MOTION Anderson moved that the City Council commend the Park and Recreation Department, Staff, Maintenance Department, for the fine job done on the Fourth of July celebration and the upkeep and maintenance of the park. Seconded by Pidcock. Motion approved 5-0. 6. Storm Damaae Anderson spoke about the damaged trees and debris caused by the last storm. The City should make it known that residents who had tree damage could set their trees out and the City would pick it up if they called to request it. Peterson suggested that a notice to this effect could appear occasionally in Happenings. B. Report of City Manaxer 1. Dawson said that an organizational directory has been provided as requested by some Councilmembers. Also a VHS copy of the video study that was done on the landfill has been provided. 2. A safety camp was being put on by the Police and Fire Departments starting July 9 and continuing through July 11. All Council members were invited to attend. 3. On Thursday afternoon July 12 there was a welcoming ceremony planned for the Eden Prairie Soccer Tournament at 5 p.m. at the f High School soccer field. A Soviet youth soccer team would be here. Council approval to present a Key to the City was requested. 3 i MOTION Anderson moved, seconded by Pidcock, that a Key to the City be presented to the visiting Soviet soccer team. Motion approved 5-0. City Council Minutes 12 July 10, 1990 C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks, Recreation and Natural Resources F. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT MOTION Tenpas motioned to adjourn at 9:40p.m. Seconded by Anderson. Motion approved 5-0. tr. X l fi d