HomeMy WebLinkAboutCity Council - 12/05/1995 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 5, 1995 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris,Ronald Case,Patricia
Pidcock, Ross Thorfmnson, Jr. and
Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Facilities Bob
Lambert, Director of Public Works Gene
Dietz, City Attorney Roger Pauly, and
Council Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added item V.C. Request for Housing Revenue Refunding Revenue Bonds
Relating to Tanager Creek Project. Case added item M.A.1. Flying Cloud Airport
Expansion Issue. Pidcock added item XI.A.2. Use of the Internet. Enger added item
XI.D.2. Livable Communities Update.
MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published
and amended. Motion carried unanimously.
H. OPEN PODIUM
Tom Fisher, an Eden Prairie resident, voiced concern about the various proposals
regarding Highway 212, Interstate 494 and other projects. Harris said the City Council
has no position at this time. She said there may be some type of Town Meeting in mid
to late January on the two projects that affect Eden Prairie, and noted there is a
requirement that all affected communities agree to the proposals.
M. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEMBER 21,
1995
MOTION: Thorfinnson moved, seconded by Pidcock, to approve as published
the minutes of the City Council/Staff Workshop held Tuesday, November 21,
1995. Motion carried with Tyra-Lukens abstaining.
CITY COUNCIL AGENDA
December 5, 1995
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 21, 1995
MOTION: Pidcock moved, seconded by Case, to approve as published the
minutes of the City Council Meeting held Tuesday, November 21, 1995. Motion
carried with Tyra-Lukens abstaining.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION 95-203 AWARDING IMPROVEMENT CONTRACT FOR
1996 MAINTENANCE MATERIALS AND WATER TREATMENT
CHEMICALS, I.C. 96-5395
C. RESOLUTION 95-204 REQUESTING MnDOT TO ENTER INTO A
COOPERATIVE AGREEMENT FOR CONSTRUCTION OF TRAFFIC
SIGNALS AT TH 169 AND FOUNTAIN PLACE
D. VALLEY PLACE OFFICE-PHASE H by Design I of Edina. 2nd Reading of
Ordinance 38-95 for Zoning District Amendment in the Office Zoning District on
0.67 acres and Adoption of Resolution 95-205 Approving Site Plan Review for
Valley Place Office - Phase II and Approval of a Supplemental Developer's
Agreement for Design I of Edina. Location: 9973 Valley View Road.
(Ordinance 38-95 for Zoning District Amendment and Resolution 95-205 for
Site Plan Review)
E. RESOLUTION 95-206 GRANTING FINAL APPROVAL OF $1,450,000.00
IN MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS FOR
CHALLENGE PRINTING (ROBERT LOTHENBACH PROTECT)
Regarding Item C, Harris asked if there will be a traffic signal on both sides of
the road. Director of Public Works Dietz said there will eventually be an
extension to the east of Hwy 169; however, there are no proposals for
development at this time.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve Items A-E of
the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. VACATION 95-09: VACATE EASEMENTS OVER PART OF LOT 6.
BLOCK 1. BLUFFS WEST 11TH ADDITION (Resolution 95-207)
Jullie said Lecy Construction has requested a modification to the scenic and
conservation easement for this property, which is the last lot in the Bluffs West
9th Addition. Per the staff report of November 21, 1995, staff recommends
CITY COUNCIL AGENDA
December 5, 1995
Page 3
approval of the request, with the requirement the builder permanently post the
new scenic and conservation lines in order to avoid problems in the future.
Tyra-Lukens asked if this is a spec home and, if not, is the purchaser aware of
the conservation easement. Lambert said it is a custom-built home for Mr. Lecy,
and he is aware of the easement.
There were no comments from the audience.
MOTION: Thorfmnson moved, seconded by Case, to close the Public Hearing;
and to adopt Resolution 95-207 for Vacation 95-09, vacating easements over part
of Lot 6, block 1, Bluffs West 11th Addition, subject to the recommendations of
the staff report of November 21, 1995. Motion carried unanimously.
B. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION by 169
Anderson Lakes Corporation. Request for Preliminary Plat of 11.3 acres into 2
outlots and road right-of-way. Location: Anderson Lakes Parkway and Aztec
Drive. (Resolution 95-208 for Preliminary Plat)
Enger said this is a housekeeping item. The plat has been revised to eliminate
the property of the one owner who was not willing to proceed with the replatting
at the November 7, 1995 meeting.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public
Hearing; and to adopt Resolution 95-208 for Preliminary Plat Approval of 11.3
acres into 2 outlots and road right-of-way. Motion carried unanimously.
C. REQUEST FOR HOUSING REVENUE REFUNDING BONDS RELATING
TO TANAGER CREEK PROJECT
Jullie said this item should be continued to the December 19 meeting.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Thorfmnson, to continue the Public
Hearing to the December 19, 1995, meeting. Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Payment of
Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock,
Thorfinnson, Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
CITY COUNCIL AGENDA
December 5, 1995
Page 4
VM. PETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
1. HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD -
f Update on Hope Program
Dave Lindahl, HRA Manager, said the City's HOPE program (Housing,
Opportunities, Partnerships, and Employment program)has been in place for nine
months. They wanted to update the Council on the program by having a
participant and a volunteer family share their experiences.
Mary Keating, coordinator of the mentor and participant families for HOPE, said
there are 22 families matched in the program. As the coordinator, she interviews
prospective volunteer families and participants, provides training for the
volunteers, matches families together and supervises the volunteer/participant
relationship for the 12-month commitment.
Keating introduced Valerie Olson, a participant in the HOPE program. Ms.
Olson said she became interested in the program because she needed to further
her education in order to support her three children. She is continuing her
education at Hennepin Technical College.
Brian and Julie Kartow described the volunteer program and how they became
involved in it.
Hams said she was excited the City and the volunteers have been able to develop
this program that provides hope for a better future for the participants.
Pidcock said this is a wonderful one-on-one program and thanked Councilmember
Thorfinnson for his time and energy with the project. She noted Mr. Lindahl is
skilled, committed and caring.
2. HERITAGE PRESERVATION COMMISSION - Heritage Site Recognition
Program
Lambert introduced members of the Heritage Preservation Commission who were
present to review the details of the Heritage Site Recognition Program. Cheryl
Younghans said the City has completed a three-year cultural resources survey that
evaluated sites throughout Eden Prairie. The survey identified over 200 sites that
have some significance. Younghans described the process proposed for heritage
site designation.
Jane Hessian, Commission member, showed the two types of markers proposed,
one for homes and one for roadside, park and open space use. Staff and the
CITY COUNCIL AGENDA
December 5, 1995
Page 5
Heritage Preservation Commission recommend the allocation of$2,556.45 in the
1996 budget to cover the purchase of 25 of each type of marker.
Tyra-Lukens asked why the first eleven sites were chosen over other sites, and
if the six City-owned sites on the list of eleven represents the relative proportion
of City-owned sites on the rest of the list. Hessian said the eleven were chosen
because they represent a wide range of structures and landscapes, and the
majority of the remaining identified sites are privately held.
Tyra-Lukens asked if the Commission is required to come before the Council for
approval. Younghans said no action is necessary on the sites. Hessian said the
program is designed to raise the recognition of heritage preservation sites.
Tyra-Lukens asked if it will be clear to the property owner there are no
restrictions on the property because of this designation. Younghans said there are
no restrictions on the properties that get the recognition plaque designation. If
we choose to pursue some local designation, a Public Hearing will be required
and there will be property owner input. Thorfinnson asked if we can force local
designation. Younghans said national designation has been forced in the past;
however it is a long process and they don't see us enforcing this on a local level.
Case said there have been takings that have been upheld in court, but we are not
getting into that.
MOTION: Case moved, seconded by Tyra-Lukens, to approve the establishment
of a Heritage Site Recognition program and to approve funding of the purchase
of 50 site markers at a cost of$2,556.45 to be included in the 1996 budget.
Case said he would like to see each of the three alternatives proposed for funding
addressed.
Thorfmnson asked which budget this would come from. Lambert said it would
be the General Fund reserve. Thorfinnson said he would like to see the fund kept
up by some other means after we make the initial investment.
Case said there are not an unlimited number of sites and he thought we should
ask the Heritage Preservation Commission to work through this and come back
with recommendations to continue the funding in the future, and perhaps
reimburse some of the up front funding.
Pidcock expressed concern the property owners not feel coerced into the program.
AMENDMENT TO THE MOTION: Thorfinnson moved, seconded by Case,
to add to the motion the directive that the Commission develop alternative means
of funding the signs, whether through grants or by participation of owners.
Motion carried unanimously.
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
CITY COUNCIL AGENDA
December 5, 1995
Page 6
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Flying Cloud Expansion Issue
Case said he was concerned the Metropolitan Council debate on this issue
has never addressed the need issue, and there has been no cost benefit
analysis.
Enger said the Met Council last met to review the long term
comprehensive plan on April 1, 1995, but suspended the review while
pursuing a mediation effort undertaken with the Met Council in the role
of mediator. He said Staff believed the information necessary to make a
correct decision by the Met Council and by M.A.C. was contained in the
mediation report. Enger said the Transportation Committee of the Met
Council met last night, continued the discussion to December 18th, and
directed the legal staff to look at several questions. In communications
today, staff framed the questions as we see them in order to help make
them aware of our opiniona and concerns.
Harris said the issues identified over the years have still not been fully
addressed. She asked if there is some equivocation around Zone B.
Enger said there is.
MOTION: Case moved, seconded by Tyra-Lukens, to reaffirm the City's
opposition to the Metropolitan Airport Commission proposal to extend the
runways at Flying Cloud Airport. Motion carried unanimously.
2. Use of the Internet
Pidcock asked Staff to look into the possibility of raising money by
arranging for the community to use the Internet. Tyra-Lukens said she
heard about that being done in other communities.
Enger said we are looking into a portion of this issue through discussions
with the School District to have a community bulletin board that allows
access to the Internet and free E-Mail. Staff will explore the possibilities
and return with information within a month.
B. REPORT OF CITY MANAGER
CITY COUNCIL AGENDA
December 5, 1995
Page 7
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES
1. Recommendation regarding Outdoor Recreation Grant and Status of
Kline/Peterson Parcel No. 1 Option
Lambert said the Parks, Recreation & Natural Resources Commission at
their November 20, 1995 meeting, recommended that the $50,000 grant
avaiable for the acquisition of the Parcel No. 1 option on the
Kline/Peterson property be returned to the State of Minnesota, and the
purchase of this parcel be postponed in order to have funds available for
more immediate projects. The Commission recommended Eden Prairie
citizens have an opportunity to vote on the acquisition of these parcels
prior to the option expiring.
Harris asked if it would be realistic to expect a better grant in the future.
Lambert said there are no guarantees, and grants are getting tougher to
acquire.
Harris asked if there is any opportunely to tie down the grant money in a
multi-year purchase. Lambert said we need to make the decision on the
grant by December 8, and would have until the end of 1997 to complete
acquisition of the property.
Harris asked how important the property is to completing the park system.
Lambert described the property and some of the potential uses if it
becomes part of the park system.
A discussion followed about alternative means of funding the purchase and
the status of the cash park fees. Councilmembers were reluctant to
deplete cash park fees, but suggested we explore alternatives and put the
purchase on a referendum before the option expires.
MOTION: Case moved, seconded by Tyra-Lukens, to turn back the
$50,000 grant for the purchase of Parcel No. 1 of the Kline/Peterson
property. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
1. Land Use Alternatives for Dell Road, Highwya 5, and Cascade Drive
Enger said the Council directed staff to return with alternatives for the
western portion of the property at Dell Road, Highway 5 and Cascade
Drive after approval was given for the day care center on the eastern
portion. Mike Franzen, City Planner, reviewed the seven alternatives
developed for the property, noting there is a petition from the
CITY COUNCIL AGENDA
December 5, 1995
Page 8
neighborhood requesting that alternative seven for a one-story office
building be approved.
Thorfinnson said he liked the low income housing proposal, and his seond
choice was alternative two, combined retail and office.
Pidcock asked if there is retail designated further down Dell Road.
Franzen said there is a piece of property for 20,000 square foot retail
further south on Dell opposite the proposed interchange of Highway 212.
Pidcock said she thought the 48-unit low income rental housing would be
a good alternative.
Tyra-Lukens preferred the two-story office, alternative 3. She was not
sure this is the spot for low income housing, so she would be hesitant to
go with that option. The two story structure could be converted to have
a few retail shops on the first level at some point in the future.
Case said he would choose alternative two for the future purposes of the
City; however, he also liked alternative three. His third choice was the
low income housing alternative but he thought putting it on that site
without the support systems would create isolation.
Hams said the developer has transferred a fair amount of assessments to
this property so alternatives two or three would bring a fair return on
investment to the developer. She thought retail and neighborhood
commercial reduces the traffic problems and provides convenience for the
community, so she would lean toward alternative two.
Pidcock said it is important to have a convenience center within walking
distance in such developments. She has received a lot of phone calls on
this, and is concerned that the neighborhood be happy with it.
Tyra-Lukens said a retail use on the property would produce longer hours
of traffic, while office would have the same amount of traffic but during
a more condensed period of time.
Thorfinnson was concerned that, by choosing alternative three, we take
the land value down from$6 to $5. He thought this should be considered
in our decision because the developers relied on PUD approval.
MOTION: Case moved, seconded by Tyra-Lukens, to recommend the
developer go back through the process with plans similar to Alternative
3--a two-story office building.
Case said he could appreciate the dollar problem; however, this was a
huge PUD that has been developed.
CITY COUNCIL AGENDA
December 5, 1995
Page 9
Enger said they might consider increasing the amount of office space.
Pauly said this is not a rezoning hearing, and the preferable course of
action is to adopt a concept approach. Pidcock expressed concern the
Council may be stating we will vote in a certain way after the planning
process. Pauly said he didn't draw that conclusion from the motion or
from the staff proposal.
VOTE ON THE MOTION: Motion carried unanimously.
2. Livable Communities Update
Enger said we have come to a preliminary agreement with the
Metropolitan Council staff in which they have moved toward a position of
accepting the goals we suggested for meeting the Livable Communities
Act. The goals we suggested are much more reasonable and "doable."
We will try to affect future housing, not necessarily the entire housing
stock, and will try to reach a goal of 30% of all new housing in 1996 that
is at$115,000 or lower value. We have been meeting that goal in the last
three years with our multi-family housing. We also will try to reach a
goal of 20% rental for all new housing; a goal of 35% of all future
housing to be multi-family in order to provide life-cycle housing; a goal
of two units per acre for single family density; and a goal of ten units per
acre for future density of multi-family units.
Enger said he was most concerned the Met Council staff felt it was
supportable at the Met Council level. He noted his written report will be
distributed to Councilmembers.
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XM. ADJOURNMENT
MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 9:55 p.m.