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City Council - 07/17/1990 EDEN PRAIRIE CITY COUNCIL .APPROVED MINUTES { TUESDAY, JULY 17, 1990 7:30 P.M. CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas. COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation and Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secreatary Rebecca Brazys. PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Peterson presented commendations to those City departments responsible for the July 4 celebration. Present to receive commendations were Laurie Belling of the Recreation staff; Stu Pox, Parks Maintenance staff; Rob Reynolds, Police Department; and members of the Police Reserves . NOTION Anderson moved, Pidcock seconded to approve the agenda as published i and amended. AMENDMENTS Jullie added the following items to the Consent Calendar: G. Resolution 90-184 granting site plan approval for the Chi Chi parking lot expansion. H. Resolution 90-185 Final Plat approval for Bluffs East 7th Addition. 1. Resolution 90-186 Cooperative Construction agreement with MnDOT for the THS project from CR 4 over to Dell Road. Item IIID, he stated, was to be removed from the consent calendar as more time was required to address the concerns over noise problems. Anderson added Item x.A.Z, River Bluff Erosion. Pidcock had several items she wished to discuss under Item Z.A.Z. Harris requested that Item Z.B.1 be moved to Z.A.3. She also added Item Z.A.4 relating to several items on which the staff had submitted memoranda. Notion carried unanimously. Y CITY COUNCIL MEETING -2- JULY 17, 1990 w f III. CONSENT CALENDAR s A. Clerk's License List B. Authorise Release of Land from Special Assessment Agreement for Extension of Dell Road through Wyndham Knoll and Hidden Glen 4th Addition. C. Approve Plans and Specifications for T.R. 5 from County Road 4 Westerly City Limits, I.C. 52-135 (Resolution No. 90-179) D. Summary of Findings on the Proposed flying Cloud Airport Noise Abatement Plan (Resolution No. 90-171) Continued from July 10, 199C (removed from agenda) Jullie stated this item was removed as more time was required to address the concern over noise regulations. E. Request from Northwest Racquet, Swiss and Health Clubs, Inc. to &send the Construction Schedule in the Development Agreement Peterson asked if the granting of an extension for this project automatically permitted modifications included in the proponent's letter. Enger responded the purpose of the letter was to ask the Council to extend the dates in the developer's agreement, while indicating what they mould be requesting in the future. F. JAMESTOWN PUD by Tandem Properties. 2nd Reading of Ordinance No. 3-90-PUD-1-90, Resoning from Rural and R1-22 to RM-6.5 on 12.16 acres from Rural to RI-13.5 on 17.7 acres and frogs Rural to R1-22 on 15.7 acres; Approval of Developer's Agreement for Jamestown PUD; Adoption of Resolution No. 90-180, Authorising Summary of Ordinance No. 3-90-PUD-1-90 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-181, Site Plan Review for 17 condominium units within Jamestown PUD. Locations South of Highway 5, East of Nest 184th Avenue. (Ordinance No. 3-90-PUD-1-90 - Zoning and PUD District; Resolution No. 90-180-Authorising Summary and Publication; Resolution No. 90-181 - Site Plan Review) G. Resolution 90•-184 Granting Site Plan Approval for the Chi Chi Parking Lot Expansion. 8. Resolution 90-195 Final Plat Approval for Bluffs East 7th Addition. I. Resolution 90-186 Cooperative Construction Agreement with NnDOT for the T.8.5 project from County Road 4 to Dell Road. MOTION Anderson moved, Pidcock seconded to approve the items on the Consent Calendar. Notion carried unanimously. CITY COUNCIL MINUTES -3- JULY 17, 1990 IV. PUBLIC HEARINGS A. BOLTZE EXECUTIVE RESIDENCE by Noltze 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 acres, 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 July 10, 1990. Jullie stated this matter was continued from the July 10 meeting due to a difference of opinion regarding the exterior building materials. Staff and the proponents had since net to review the proposal and reached a compromise. Peter Beck, representing soltse Brothers, stated the compromise called for some brick on all eleven buildings. The siding material, he explained, would be the highest quality vinyl siding with a 50-year warranty and would be permanent and maintenance-free. In terms of design, Mr. Beck stated the proposal was to put a brick base on the outer six buildings which would raise the brick-or-better portion of those buildings to approximately 31%. The remaining 4 hotel buildings would be 98% brick or better with the clubhouse being 100% brick-or- better, for a total project basis of approximately 56% brick-or- better on the exterior wall surfaces. This compromise was acceptable and supported by staff and by the developer and was appropriate, according to Mr. Sock, in the unique circumstances Math respect to this project and this piece of property. Also, he added, this project was distinguishable from similar situations because it would be a portion of a larger PUD, the balance of which was done is 100• redwood siding. Mr. Sack thought this solution was compatible with the balance of the PUD, with this particular area of town, and was justified due to the needs of a unique project. Peterson stated the renderings presented appeared to show an exterior color other than the stark white originally proposed. Beck responded that the siding would be white, with the brick base being white or beige. Eager stated staff not with the proponents at the Council's request to find a compromise for the exterior materials being something less than required by City code. Staff insisted that there be some brick on the exterior buildings to tie them into the center buildings in the project as well as the existing buildings in the surrounding CITY COUNCIL MELTING -4- JULY 17, 1990 Y n� PUD. The selection of the lighter beige brick color should tie nicely with the 100E redwood siding on the small office buildings directly to the east. Staff believed the addition of brick to the base of the exterior buildings would help bridge the two types of buildings in the project. The overall brick- or-batter material would be 56%. anger stated that staff could not vouch for the siding material chosen, but the manufacturer had a SO-year guarantee. Also, he explained, the siding was a solid, extruided PVC material and ought to be very durable. He believed this to be a good compromise that would fit the Holt:e's program very nicely, as well as the programs for the City of Eden Prairie and the immediate PUD. Be recommended approval of this proposal. Peterson asked anger to review the percentages of brick-or- better for this project. am also asked if staff, because of this project's proximity to other all-wood buildings, believed this compromise would make the project more compatible and cohesive. ae further asked if Mr. Lager was concerned that allowing this compromise would set a precedent. anger responded that the six outer buildings would have 69• of the exterior as vinyl siding and trim with 31• as window glass and brick. The four inner hotel buildings would be 88% brick and glass with stair towers located above entrances that would be clapboard vinyl siding. The introduction of clapboard siding on the interior of the project would help bridge those buildings to the outside buildings which would be predominantly the white siding. The clubhouse would be 100% brick and glass. Be believed this compromise made for a much stronger project internally. Some of the buildings to the east of this project were 100% redwood, and buildings slightly further east were 100% brick. This project, he explained, used both materials in a way that fit the Noltse's program which was how the staff dealt with the matter of precedent. Be believed this proposal fit well with precedent because the proponents presented design criteria to substantiate the waiver. Be did not think the City would be open to challenges if this were allowed. Anderson expressed concern over the use of synthetic products on the hotel buildings and asked if the vinyl siding material not fire codes. Paul Hodson, project architect, responded the ignition rate for this PVC material is at 850 degrees compared to 420 degrees for wood products. There were no further comments from the audience. 3 CITY COUNCIL MEETING -5- JULY 17, 1990 MOTION Pidcock moved, Harris seconded to close the public hearing and approve first reading of Ordinance 23-90-PUD-10-90 for PUD district review and rezoning, and adopt Resolution 90-165 approving the preliminary plat. Notion carried on a 4-1 vote with Anderson voting No. Pidcock moved, Harris seconded, to direct staff to prepare a development agreement incorporating the Commission and staff recommendations. Notion carried on a 4-1 vote with Anderson voting No. Anderson explained that he still had concerns with this project's effect on City code and its possible precedent. If the Council was considering making changes to City code, that should be done with review by the Commissions and staff with all options to be considered. Pidcock explained she did not have a problem with this proposal because of the existing wood-aided buildings in close proximity. y x S. VILLAGE KNOLLS by Argun 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 Ailverwood 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 July 10, 1990. Jullie stated this item was continued from the previous sooting as there was some concern due to the proximity of this project to the Plying Cloud sanitary landfill and the proposed expansion. The Council had received letters of testimony from Dr. Hertssan and Dr. Garry which expressed their concern about the proximity issue. Jullie recommended the Council continue this item to the second sooting in August and direct staff to look at the potential for creating an area for a moratorium on development. Peterson stated it would be difficult for his to participate in an open discussion of the merits of the health experts' recommendations when the Council was in the process of litigation. i CITY COUNCIL KINUTES -6- JULY 17, 1990 J. Pauly questioned whether a continuance would extend final Council action be=and the 120 day statuatory time period in which the Council is required to respond to the proponents request. After some discussion between staff and the proponent, the proponent agreed to the continuance. There were no further comments from the audience. MOTION Pidcock moved, Harris seconded to direct staff to explore the possibility of a saratorium to determine whether or not there should be an amendaent to the Comprehensive Plan as it applied to a specific areas within some distance of the landfill, and to continue this ites to August 21, 1990 meeting. Anders:an asked if the study would be for just this particular parcel or for the entire area. Peterson responded the study would include the entire area. Tenpas asked the staff to provide the Council members with its recommendations as quickly as possible to give them ample tine for review. a Notion carried unamisously. C. ANDERSON LAKES CEWMR ZND ADDITION (Eden Pairie Post Office) by William S. Railing. Request for a Zoning District Change from Rural to Office and Site Plan Review on 5.4 acres, Preliminary Plat of 13.3 acres into 3 lots and 3 outlots for construction of a 46,598 square foot U.S. Post Office. Location: West of Highway 0169, East of the Columbine Road/aarden Lane intersection. (Ordinance no. 26-90; Resolution No. 90-183) Jullie stated not€cs of this hearing was properly sailed to surrounding property owners and published in the Aden Prairie News. !Brian Marshall, representing the U.S. Postal Service, stated the Postal Service currently had an option on this site contingent on Council approval of the zoning change and plat approval. This would be a fall service post office, he explained, with city and rural delivery, retail window service, lockbox rental, etc. Plans called for 51 employees to work in this facility, with the 46,000 sgfuare foot building to be completed in spring, 1992. Hours of operation would be 6:00 a.m. to 6:00 p.m. Monday through Saturday. Mr. Marshall explained this site was selected after careful evaluation and that the Postal Service was negotiating with as architectural engineering firm to adapt the s ,rr F CITY COUNCIL NEETIIla JULY ill, 1990 standard plans to this particiular site. The U.S. Postal Service hoped to award the contract in the next two weeks with the construction contract to be awarded in early 1991. The total project cost, he added, was estimated to be $4.4 million. Enger stated the Plan Commission recommended approval of this project subject to staff recommendations as outlined in the June 22nd staff report. This situation, he explained, was a little different in that the Council did not have detailed plans to Illustrate specifically what the exterior elevations of the building would be. Be referred to a letter from the Postal Service supplied by Mr. Marshall that referred to the Federal Supr4 macy act as it related to local governmental bodies; it was the policy of the U.S. Postal Service to comply with local Boning ordinances to the extent practicable and feasible, but the ^ostal Service would not pay building permit fees. Lnger recommended the Council approve first reading of the resonining ordinance and that final details be presented to the Planning Cosmmission for review of building elevations, material samples and colors, prior to Council consideration of the second reading. Tenpas stated that Eden Prairie prided itself on its standards and regulations for building exteriors. He was concerned that the Postal Service comply with those regulations. Mr. Marshall stated the site plan incorporated all the suggestions made by the Planning staff with regards to the building exterior. Peterson asked if the fencing question had boon resolved. Eager explained that the fence would provide screening of the loading and parking area from Hwy. 169, and that the landscaping plan would tone down the fence. Lloyd Cherne stated this parcel was located adjacent to the ReilLog property and his property was just beyond the Reding parcel. Be was concerned about gaining access for his parcel to Hwy. 169 and asked if the road the Postal Service is proposing could be extended through to provide that access. lifter some discussion, the council determined this should be reviewed by the Planning Commission prior to second reading. There were no further comments from the audience. NOTION Anderson moved, Barris seconded to close the public hearing and adopt the first reading of ordinance 26-90 for resoning. Notion carried unanimously. 1 Anderson moved, Barris seconded to adopt Resolution 90-183 approving the preliminary plat. Motion carried unanimously. (( CITY COUNCIL W-FTING jULY 17, 1990 D. AMENDMENT TO THE BUILDING NEIOST ORDINANCE (Chapter 11 of the City Code) Ordinance No. 18-90 Section 1163, Subdivision 25. Jullie stated notice of this hearing was properly published. He explained that the staff and advisory commissions have had Increasing difficulty reconciling the building height regulations with the architecture and construction techniques found today. This proposed amendment would slake the definitions more workable without compromising the intent of the zoning code. Both the Plan Commission and Board of appeals had reviewed the proposed ordinance and recommended approval. There were no further comments from the audience. MOTION Anderson moved, Pidcock seconded to close the public hearing and approve the f:lrst reading of Ordinance 18-90 regulating building height. Motion carried unanimously. E. REFINANCING OF MULTI-FAMILY HOUSING BONDS FOR EDEM INVESTMEIITS PARTNERSHIP IN THE AMOUNT Or $2,700,000 (Resolution No. 90-182) . Jullie explained Eden Investment Partnership, owners of the Eden Glen Apartments, were requesting refinancing of $2.7 million in housing revenue bonds which the City issued for this project. Federal law requires a public hearing be held for refinancing of this kind. Re recosseaded adoption of Resolution 90-182. Pidcock asked if the people who bought these bonds would get less of a benefit from the lower interest rate as a result of the refinancing. She was concerned because the City recently refinanced bonds for special assessments that property owners were paying, the City kept the higher interest rate on the property owners while paying a lower interest rate. Jullie explained that such an issue cams up with the tax increment financing districts. When the issue of the remaining special assessments to be collected caste to the staff s attention, there was some discussion and questions by property owners. However, the City's policy had been not to adjust interest rates after assessments had been levied. Pauly explained there was no authority for the City to revise the special assessment interest rate once it was set. There were no further comments from the audience. MOTION Harris moved, Anderson seconded to close the public hearing and adopt Resolution 90-182. Notion carried unanimously. } CITY COUNCIL MEETING -9- JULY 17, 1990 E r 3 V. PAYMENT OF CLAIMS !MOTION Anderson moved, Rarris seconded to approve payment of claims. Motion carried unassimously. Z. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. REPORTS OF COUNCILMEMBERS 1. Anderson stated the area directly to the southeast of the landfill area where the washout occurred there is a tremendous amount of erosion because motorcycles and four wheel drive vehicles have stripped the vegetation and top soil. He did not believe the City should allow the erosion of this area to continue. Tenpas was concerned about the leSality of the Council taking action on this property as it was in private ownership. MOTION Anderson moved, Pidcock seconded that the Parka and Recreation Staff prepare a proposal to be reviewed by Mr. Pauly and then presented to the Council in three weeks. MISCELLANEOUS MATTERS a. Pidcock suggested the City have available more than just two or three sets of keys to the city. b. Pidcock stated because of the numerous accidents on Scenic Heights Road where the road narrows down and curves by the school property, she would like to see the speeds posted for ZO sibs per hour at that location. C. Pidcock asked what the status was on the number of liquor licenses which could yet be issued by the City and was informed there were about six remaining. d. Pidcock asked what had been done about the four-foot-high weeds behind Ciatti's. Jullie stated he would look into it. e. Pidcock asked what was being done with respect to the correspondence from Hennepin County Commissioner Randy Johnson. Jullie explained that Mr. Johnson would be requesting tine on an upcoming Council agenda. z CITY COUNCIL MEETING -10- JULY 17, 1990 3. CITY MANAGER'S PERFORMANCE REVIEW Peterson stated he and Ms. Barris not with the City Manager to review the 3.93 scoring on his performance review and recommended a 6% salary increase effective January 1, 1990. NOTION Teapas moved, Pidcock seconded to approve a 6• salary Increase for the City Manager effective January 1, 1990. Motion carried unanimously. Harris stated prior to the City Manager's review, the Council had discussed the possibility of setting goals for the City Manager. she suggested the Council review the goals prepared by Mr. Jullis which the Council agreed to do at the upcoming special meeting. 4. DISCUSSION OF MEMORANDA a. Barris commended the Waste Management Commission on its nomo relating to a City composting facility. She asked what the status was regarding the chipping service recommended by the Commission and what access the City residents had to the County's compost sites. Dawson stated Eden Prairie residents had access to sites in Maple Grove and Shakopee. He added the chipping service required further analysis. Anderson stated that composting and leaf recycling opportunities did not meet the needs of those people with a lots of large trees on their lot as they oust slake special arrangements for pickup. He felt a questionnaire should be sent to homeowners to zoo if their needs were being set. b. Harris asked that report on the proposed esponsion of the water supply and system be placed on a future alrends. c. Barris referred to the feasibility study on the Singletroo Lane building for City Nail and indicated she was not very enthusiastic about this site after having review" the study. After some discussion, the Council decided to hold a special mooting to discuss this issue. ,5 CITY COUNCIL MEETING -11- JULY 17, 1990 i D. REPORT OF DIRECTOR OF PLADMING 1. Discussion on MUSH expansion Engor stated about two months ago the Council received a request from Dick heerick for expansion of the MUSA line in three different phases each consisting of forty-acre Increments. This included the Schroors and Jacques properties south of lRwy. 5 and most of Mitchell Lake and was referred to the staff for review. The staff's June ZOth mono listed the council's options and the rationale that the staff explored for each option. He explained Eden Prairie had an adequate supply of land for doveloyment within the MUSA line and within southwest Eden Prairie. Be referred to five recently approved projects that represented several hundred proposed housing units in southwest Eden Prairie which would take three to five years to develop. However, expansion of the MUSA line would increase the supply of land for large parcel, tract development and this addition of land to the MUSA line would simplify the process of extending utilities and roads into that area as far as bow the assessment method works. Eager stated the staff analysis supported a MUSA line extension in the ZOO-to 900-acre range according to the Metropolitan Council criteria. The Council could add this land in piecemeal fashion as requests were received, he explained, but a better option would be to add all the land north of County Road 1 (317 acres) . County Road 1 would provide a logical breaking point and the 317 acres would facilitate an easier assessment method for Dell Road, Scenic Heights Road, and the sanitary sewer/water and *torn sewer. MOTION Tenpas moved, Pidcock seconded to initiate a Comprehensive outdo Plan change for the 317 acres north of County Road l to be included in the IMA line. Motion carried unanimously. XI. NEW BUSINESS ADJOURNMENT Tenpas moved, Anderson seconded to adjourn the meeting at 9:33 p.m.