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City Council - 04/18/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,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 Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:10 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added Item XHI.A.2., "U" Turns on Prairie Center Drive. Mayor Harris moved Item=.A.1., City Manager's Evaluation,to after X M.E. MOTION: Tyra-Lukens moved, seconded by Case,to approve the Agenda as published and amended. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,MARCH 21,2000 MOTION: Thorfinnson moved, seconded by Case,to approve the minutes of the City Council Workshop held March 21,2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 21,2000 Case made a correction in the second paragraph on page 12, which should read "After that, if a permit is not requested to put up a structure at the variance setback,it would have to be built at the standard setback." MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Meeting held March 21, 2000, as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES April 18, 2000 Page 2 C. SPECIAL CITY COUNCIL MEETING HELD THURSDAY, MARCH 30, 2000 MOTION: Thorfinnson moved, seconded by Case,to approve the minutes of the Special City Council meeting held Thursday, March 30, 2000, as published. Motion carried 4-0, with Mayor Harris abstaining due to her absence from that meeting. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EATON CORPORATION PUD by Eaton Corporation. 2nd Reading for Planned Unit Development District Review with waivers on 25.37 acres and Zoning District Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Ordinance No. 10- 2000-PUD-4-2000 for PUD District Review and Zoning District Amendment and Resolution No. 2000-59 for Site Plan Review) C. LIBERTY PLACE by Liberty Property Limited Partnership. 2nd Reading for Planned Unit Development District Review with waivers on 16.88 acres and Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, and Site Plan Review on 16.88 acres. Location: Smetana Lane and Valley View Road. (Ordinance No. 11-2000-PUD-5-2000 for PUD District Review, Zoning District Change, and Zoning District Amendment, and Resolution No. 2000-60 for Site Plan) D. BRAXTON WOODS 2nd ADDITION by Centex Homes. 2nd Reading for Planned Unit Development District Review with waivers on 7.1 acres and Zoning District Change from Rural to R1-13.5 on 7.1 acres. Location: East of Cedarcrest Drive and west of Shetland Road. (Ordinance No. 12-2000-PUD-6- 2000 for PUD District Review and Zoning District Change) E. SUNNYBROOK COVE Approve the Lender's Supplement Agreement and authorize the Mayor and City Manager to execute the Agreement with such changes as are approved by the officers so executing the'Agreement. (Lender's Supplement Agreement) F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DALGREN SHARDLOW & UBAN FOR COMPREHENSIVE PLAN UPDATE G. APPROVE SECOND READING OF ORDINANCE NO. 14-2000 AMENDING CITY CODE CHAPTERS 2, 11 AND 12 AND ADOPT RESOLUTION NO. 2000-61 APPROVING SUMMARY FOR PUBLICATION CITY COUNCIL MINUTES April 18, 2000 Page 3 H. APPROVE PROCLAMATION DESIGNATING MAY 6, 2000, AS ARBOR DAY IN EDEN PRAIRIE I. ACCEPT BID AND AWARD CONTRACT TO STREICHER'S POLICE EQUIPMENT FOR THE PURCHASE OF POLICE FIREARMS. J. ACCEPT DONATION OF OUTLOT A,BLUFF COUNTRY VILLAGE,TO THE CITY OF EDEN PRAIRIE,FROM HUSTAD COMPANIES K. AWARD BID FOR THE RENOVATION OF FLYING CLOUD BALLFIELDS TO VALLEY PAVING,INC. L. AWARD CONTRACT FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT NESBITT PRESERVE PARK TO EARL F. ANDERSON,INC. M. APPROVE CHANGE ORDER FOR THE NESBITT PRESERVE/ROUND LAKE PARK IMPROVEMENT PROJECTS TO ADD CONSTRUCTION OF THE ROUND LAKE BOAT HOUSE N. ADOPT RESOLUTION NO. 2000-62 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 AND STARING LAKE PARKWAY, I.C. 99-5497 O. ADOPT RESOLUTION NO. 2000-63 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL) AND DELL ROAD, I.C. 00-5511 P. RECEIVE FEASIBILITY STUDY FOR FOREST HILL ROAD IMPROVEMENTS AND SET PUBLIC HEARING (RESOLUTION NO. 2000-64),I.C. 98-5466 MOTION: Case moved, seconded by Thorfinnson, to approve Items A-P on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. Request for Planned Unit Development Concept Review on 5.38 acres, Planned Unit Development District Review on 5.38 acres, Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres. Location: 17200 Valley View Road. (Resolution No. 2000-65 for PUD Concept Review and Ordinance for PUD District Review and Zoning Amendment) CITY COUNCIL MINUTES April 18, 2000 Page 4 Enger said official notice of this public hearing was published April 6, 2000, in the Eden Prairie News and sent to 117 property owners. Jim Faulkner, of Faulkner Construction, general contractor and architect for the project, said the church is requesting approval for a 10,712 square-foot addition to the existing church, primarily in the sanctuary area, for a total building size of 21,560 square feet. He has worked closely with City Staff and accepted all the terms and conditions of the Planning Board,which included changing the exterior materials to brick and changing the trash enclosure gate material from wood to metal. Uram said the plan is consistent with the approved concept plan. The Community Planning Board voted 6-0 at its March 13 meeting to recommend approval of the project to the City Council. Mayor Harris asked if anyone wished to address this proposal. No one did. MOTION: Thorfinmon moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-65 for PUD concept Review on 5.38 acres; and approve 1" Reading of the Ordinance for PUD District Review and Zoning amendment within the Public Zoning District on 5.38 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case asked Dietz if the church is required to bring the NURP pond on the property up to standard. Dietz replied the existing church and existing hard- surface area is "grandfathered" in, but the church is providing a NURP pond for the expansion, so they did more than enough to take care of the increase in the hard surface area. Usually the requirements are not retroactive to the conditions that existed prior to the date the City enacted zoning changes. Butcher said the church's plan is very good. She asked if Eden Prairie High School students park on church property during the day. The church's pastor said the school's food workers are allowed to park at the church on a regular basis, and there is an agreement with the school to allow parking at the church when there are meetings at the school,but students are not allowed. Motion carried 5-0. B. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. Request for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Resolution No. 2000-66 for Guide Plan Change, Resolution No. 2000-67 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2000-68 for Preliminary Plat) CITY COUNCIL MINUTES April 18,2000 Page 5 Enger said official notice of this public hearing was published April 6, 2000, in the Eden Prairie News and sent to 1 property owner. Neil Weber, the architect, said the project is for a 106-unit hotel and a concept plan for a 7,000 square foot restaurant that would be located where the former City police station stands. The green band at the top of the hotel is a corporate design for Wingate hotels. Uram said Staff has worked extensively with the developer on this project. A user for the restaurant has not been identified yet. There were a number of issues to resolve, including the wetland area. Waivers include changing the maximum floor area ratio from 40 percent to 58 percent because of the height of the building; the minimum side yard structure setback along the north property line between hotel and the restaurant to accommodate the City; and the minimum front yard parking setback from Mitchell Road to provide adequate room for the wetland buffer strip. The Planning Board voted 6-0 to recommend approval. The restaurant site will return to the Community Planning Board and City Council for a zoning approval when a user is determined. Mayor Harris asked if anyone wished to speak to this project. No one did. MOTION: Butcher moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 2000-66 for Comprehensive Guide Plan Change from City Service to Regional Commercial on 5.25 acres; and adopt Resolution No. 2000-67 for PUD Concept Review on 5.25 acres; and adopt Resolution 2000-68 for Preliminary Plat on 5.25 acres into 2 lots; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case asked when we set aside the wetland, do we leave existing vegetation so more absorption will take place. Dietz responded if vegetation that exists conforms to the buffer, it remains. Sometimes, due to grading needs, it may be taken out and then replanted. Case said a great amount of vegetation has been removed already, and he assumed most of the stormwater is now going into the NURP pond. Motion carried 5-0. B. WELTER'S TRAH BEAD by Ray and Carole Welter, Jr. Request for Planned Unit Development Concept Review on 5.22 acres, Planned Unit Development District Review with waivers on 5.22 acres, Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) CITY COUNCIL MINUTES April 18,2000 Page 6 Enger said the landowner has requested continuance of the public hearing until the May 2, 2000 City Council meeting. MOTION: Thorfinnson moved, seconded by Case, to continue the public hearing to the May 2,2000 City Council meeting. Motion carried 5-0. D. LINCOLN PARC Adopt Resolution No. 2000-69 authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Pare Apartments Project). Enger said official notice of this public hearing was published April4, 2000, in the Star Tribune. Jack Brandt, Hartford Financial Services, developer of the project, said this project is for a multifamily housing program at the Water Tower site. It incorporates affordable housing components. He has been working with a non- profit company different from the one announced previously and asked for approval of an amended housing program to reflect this change. Uram said the only amendment to this agreement was a change in the name of the non-profit borrower. Rosow said in the resolution, under Item 1.5 in Section 1 and in Section 2, instead of "Amended Housing Program', it should read "Second Amended Housing Program". Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and adopt Resolution No. 2000-69 authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Apartments Project). Motion carried 5-0. VH. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye". VHI. ORDINANCES AND RESOLUTIONS A. AOL TIME WARNER MERGER Transfer control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner, Inc., and America Online, Inc., into AOL Time Warner, Inc. (Resolution No.2000-70) CITY COUNCIL MINUTES April 18,2000 Page 7 Enger said the City Council held a public hearing on this item on Thursday, March 30, 2000. There were no citizens in attendance and no concerns or comments were received. No action was taken at that public hearing and it was continued to this meeting. The Council felt it was appropriate to adopt a resolution to approve the transfer from the existing cable franchisee to KBL. MOTION: Tyra-Lukens moved, seconded by Case, to approve Resolution No. 2000-70 transferring control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner,Inc., and America Online, Inc. into AOL time Warner,Inc. Motion carried 5-0. IX. PETITIONS,REOUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. BOARDS AND COMMISSIONS Enger explained that Kristen Pierskalla and Therese Benkowski applied for appointments to the Environmental Education Citizen Advisory Commission in February. Since only two applications were received for this Commission, the Council declared the Commission inactive for the remainder of 2000. Kristen Pierskalla was appointed to the Community Program Board, but declined her appointment. Therese Benkowski was appointed to the Parks and Recreation Citizen Advisory Commission, but is requesting that the City Council consider a change in appointment to the Program Board to provide her the opportunity to work more closely on environmental issues. The Council will review the future status of the Environmental Education Citizen Advisory Commission prior to next year's appointments. Thorfinnson said that would leave the Parks and Recreation Commission with six members. However, the Council had approved a range of five to seven members, and so six should not be a problem. Case said he believed it was all right to leave it at six members, but if a name came before the Council to add another member to the Parks and Recreation Commission, the goal of seven members for all commissions and boards would be reached. MOTION: Tyra-Lukens moved, seconded by Case, to rescind the appointment of Therese Benkowski to the Parks and Recreation Citizen Advisory Commission; and appoint Therese Benkowski to the Community Program Board for a term to expire 3/31/01. Motion carried 5-0. MI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEM 3ERS CITY COUNCIL MINUTES April 18, 2000 Page 8 1. City Manager's Evaluation and Merit Bonus Recommendation Moved to end of XIII. 2. Councilmember Thorfmnson's Report on "U" Turns on Prairie Center Drive Councilmember Thorfinnson followed up on the discussion at the March 21, 2000 City Council meeting about "U" turns on Prairie Center Drive northbound, in front of Castle Ridge. He has been watching this situation for the past month, and in the evening there is a huge problem. Traffic backs up almost to Preserve Boulevard to turn left at the stop light on Prairie Center Drive at TH 212. There is a relatively short left-turn signal. Some cars are staying in the center lane and doing "U" turns when they reach Commonwealth Drive to go back to TH 212. Mayor Harris asked if it is possible to stripe the middle lane to accommodate two left-turn lanes of traffic. Dietz said he and the chief of police discussed this. It is probably a little more difficult than just restriping the lane. The length of the signal could be changed by MnDOT and Dietz could communicate with them about that. Case asked if there should be a sign for no "U" turns. Dietz said at the March meeting they had talked about monitoring the area and the possibility of posting a sign. Mayor Harris requested that the engineers decide what is best. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Extend Project Closing Date—Lincoln Parc Apartments Uram said closing on the entire project was expected to occur on April 28, 2000. Hartford is now requesting the closing be extended to July 28, 2000 to provide more time to secure HUD financing. Hartford is willing to put down an extra$50,000 on a Contract for Deed. Tyra-Lukens said her understanding is that because the property is off the market, the City is getting interest on that amount of money. Uram said that is correct. Thorfinnson asked if Uram was sure this new closing date would be a long enough extension. Uram said he was not sure, but he knows that Jack CITY COUNCIL MINUTES April 18,2000 Page 9 Brandt is anxious to see it happen. Thorfinnson said his concern was also to see the development move along. Rosow said the motion should be changed from"the 5th Amendment to the Purchase Agreement"to "the 1st Amendment to the Contract for Deed". MOTION: Case moved, seconded by Butcher, to authorize the execution of the 1st Amendment to the Contract for Deed for the sale of Lot 4 Block 1, Eden Prairie Marketcenter, to Hartford Financial Services, extending the closing date from April 28 to July 28,2000. Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Renewal of Midwest Asphalt Corporation's Land Alteration Permit and Addendum A Covering Operating Conditions Jean Johnson explained that 1996 culminated a seven-year process to get Midwest Asphalt in conformance with land issues. Since 1996, operations at Midwest Asphalt have been covered by a Land Alteration Permit and associated addendum, renewable every two years. This allows the City to review how things have been going over the previous two years. The permit expired in March 2000. City Staff is now asking Council for another two-year extension of the permit. Johnson said Staff is not aware of any noise violations. Midwest has implemented the use of "smart beepers" for backing up on the site that should reduce noise levels. It was planned that a six-foot fence would be constructed atop the berm along the south edge of the property. However, Midwest questioned whether the fence would accomplish the screening desired. Some volunteer trees have grown on the berm, and Staff recommends the planting of trees and shrubs along the berm. Case said he is concerned that because the fence was never built, there is no guarantee that trees will be planted. Johnson said it is a requirement of the permit that 60-plus trees be planted this growing year. If the trees die the City could require a bond. The berm was constructed out of rubble. It would likely be regraded if the property were sold to a developer in the future. Thorfinnson asked if the City should require the trees be planted by June 30. Johnson said Staff left it open, because in the past few years the weather has been quite dry in the spring and summer months, so the owner would like to plant when the weather is best. The permit states they could be planted any time this year as weather permits. Rosow said,in response to Case's inquiry,when there has been a violation of the permit the City has chosen enforcement rather than requiring a bond. The permit was negotiated in 1996 to resolve use of the land. CITY COUNCIL MINUTES April 18,2000 Page 10 Issuing a permit was deemed at the time to be the best solution to bring the site into conformance with what is in the best interests of the City. Butcher said she thought reviewing the lease every two years seemed quite stringent. Rosow said it is intentionally stringent in order for the City to maintain control. MOTION: Butcher moved, seconded by Thorf mson, to direct Staff to execute a two-year extension of the Land Alteration Permit and Addendum A for Midwest Asphalt Corporation. Discussion followed. Case noted that Addendum A.l.c. gives Midwest the option to choose among various kinds of fast-growing trees like cottonwood, poplar and boxelder. If Midwest were to stay on this property for a number of years, he wondered if this Council is creating problems for a future Council by allowing these types of trees to be planted. There are neighbors to the south on Edenvale who would be exposed to whatever goes in there. He would prefer to do the job right by planting a nice tree mass that would stay permanently. Tyra-Lukens expressed concern that nothing would grow in this berm made of rubble. Thorfimson said Midwest Asphalt won't be there forever. The City is trying to give as much relief in the shortest amount of time by allowing these fast-growing trees to be planted. No matter what happens on this site, there will have to be grading in the future when the property is redeveloped. Case said these trees are not coniferous so they won't hide the property in the winter months. Dietz replied the list of trees represents input from Stu Fox of trees that would stand the best chance of success growing in this location. Motion carried 5-0. 2. Approve Agreement with Hennepin County,Marshalls, and City for Land Use at 9100 Eden Prairie Road Dietz said, as part of Eden Prairie Road improvements by Hennepin County, portions of the Marshall/Sailer property at 9100 Eden Prairie Road were acquired. The acquisition would be finalized with the signing of the agreement between the City, Hennepin County and the Marshalls. This taking necessitates the reconfiguration of Marshall's sale stand, garage and outside display areas. The agreement covers payment, conveyance of land, demolition of the City's old building and reconfiguration of uses on the properties. The City gave a Quit Claim Deed to the owners for the City property conveyed to them. CITY COUNCIL MINUTES April 18,2000 Page 11 The City would grant permits to the owners for grading to develop and reconfigure the site. The City would consider a variance request to put the house in conformance with the new right-of-way. The buildings would be removed and the greenhouse moved behind the garage. There would be a total of 30 parking spaces. Part of the project includes a six-foot privacy fence and a double row of evergreens that would be planted between the driveway and the fence. Staff tried to restore what was once there. Case said he was pleased with the agreement and the fact the City was able to work it out with the owners. Stands like this are a reminder of the past. He asked that John Gertz document and photograph the building to be removed,which was the first fire station in the City. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the agreement between the City, Hennepin County and Marshalls, and to authorize the Mayor and Manager to execute the document. Motion carried 5-0. 3. TH 212, Segment H Compressed Staging Dietz explained that when plans on TH 212 were approved, certain staging plans were part of the construction documents. One requirement was that the bridges and connection of Wallace Road to Martin Road would be complete prior to any closure of Mitchell Road at TH 212. However, due to problems with relocation of a fiber-optics cable and design revisions necessary for one of the bridges at Wallace Road, the project will be delayed by about 13 months unless revisions to the approved staging plans are made. MnDOT has requested that closures at Mitchell Road be made without the Wallace/Martin access being available. Staff has concluded that emergency vehicle response times can be maintained and it would be in the best interest of the community and the motoring public to approve the compressed staging alternative. By adopting this compressed schedule, Mitchell Road would be closed as soon as possible, perhaps as soon as Monday, April 24. Traffic would still have access to TH 5/TH 212 and Mitchell Road to the south. In August or September 2000, Mitchell Road on the south side would be closed. At that time, lanes to the north would be open. At the end of November there would be access across TH 5/TH 212. By adopting the compressed schedule, the total closure of Mitchell Road would be compressed from 18 months to eight months and would keep the project on schedule. Work would then commence on the south ramps from TH 212 to Mitchell Road. Traffic would stay on the current bypass during the north leg closure and be switched to the new lanes during the south leg closure. Emergency routes would be established, and MnDOT has agreed to install Emergency Vehicle Preemption (EVP) devices to the traffic signals at the CITY COUNCIL MINUTES April 18,2000 Page 12 intersections of Mitchell Road and Technology Drive, and at Mitchell and TH 5, at their cost, and will remove them when the road is finished. The City may consider paying the estimated cost of the equipment for the Technology Drive intersection to reuse later. Traffic would be detoured onto Technology Drive to Prairie Center Drive during the south leg closure. Dietz said he has talked to the School District regarding buses, and they would have to make routing changes. ADC had planned to reconstruct Technology Drive adjacent to their property this year. However, due to the use of Technology Drive as a detour route, the project could be delayed until 2001. Dietz has talked to officials at ADC and they are not happy about this delay. The City's attorneys are reviewing the contract with ADC, and it may be necessary to allow them to begin construction in 2000. Dietz said Staff recommends Council authorize this compressed staging plan. MnDOT's contractor is waiting for Council's decision and would begin to notify the public beginning Wednesday,April 19. Mayor Harris asked if the bridge and ramps on the north side of TH 5 would be available beginning this fall. Dietz said the contractor believes he can get the pavement finished by the end of the construction season; otherwise,he would have to place temporary paving so the bridge will not be closed through the winter. Thorfinmon expressed concern about the effect on businesses along Mitchell Road and how impacts to them can be minimised. He wants MnDOT to at least keep businesses informed of what is happening. Dietz said probably not enough thought had been given to the business community. MnDOT had sent them information through newsletters, but could not tell them about the compressed schedule without the approval of the City Council. Because of the Council's meeting schedule, a short notice could not be avoided. Tyra-Lukens said public safety has to be the primary concern. Emergency vehicles must have access. In addition, she is concerned about the impact on businesses. She hoped the City or MnDOT would put up directional signage to these businesses. She would liked to have seen Wallace Road/Martin Drive being used as an alternate route during this time. Dietz said there will be construction going across and through that corridor; however, emergency vehicles would be allowed to use that route, when necessary. Butcher expressed concern about the impact on local businesses, and said it is necessary for MnDOT to meet with those businesses to figure out the most productive way for signage to be erected. Also handouts should be CITY COUNCIL MINUTES April 18,2000 Page 13 used to inform people about the different stages and when businesses would be accessible again. Dietz replied it would be appropriate to add conditions for MnDOT to the ones requested in the motion. Dietz said Enger has requested that the team the City put together at the beginning of the TH 212 project be put back in place to discuss such things as signage and other methods of communicating to the public. The Eden Prairie News has been very cooperative in providing updates. Case said the City should consider mailing a community flyer that would include safety issues, have information for commuters, and mention the businesses around the area impacted by the road closing. Tyra-Lukens said there would be more Eden Prairie traffic converging on fewer accesses onto TH 212. She would like Dietz to explore with MnDOT the possibility of getting changes to the light configurations along Eden Prairie Road so that the impact to north-south traffic would be less. Dietz suggested adding that to the conditions in the motion. Council further discussed the possibility of requesting MnDOT to increase the rates at ramp meters to the regional system. Enger said it might be worthwhile for Council to formulate what its concerns are and what they want MnDOT to accomplish. Council and Staff are at a disadvantage in not having a representative from MnDOT at the meeting, but Council could list the concerns and have MnDOT consider them. Mayor Harris thanked Mark Weber of the Eden Prairie News for his coverage of construction on Highway 5. She asked if representatives of local businesses impacted by the closing would like to address the Council. Mark Namtvedt, owner of Mark's Amoco service station on Mitchell Road north of TH 5, said he was most disappointed that this road closing was communicated to him by.a MnDOT employee an hour or two before the Council meeting. His volume of gas sales is down 60 percent this year and he has a lot of money invested in inventory. Mr. Namtvedt believes the state and local governments should pay special attention to businesses. He was disappointed MnDOT did not have a representative at the meeting. Mr. Namtvedt expressed concern about whether the emergency route would be adequate to protect his business. He didn't want to be responsible for any environmental problem that might result if there were a fire. Mr. Namtvedt stated his belief that the Council should consider a little longer before making a decision. Pastor Rod Anderson, Pastor of St. Andrew Lutheran Church, said he was concerned with how long the closing of Mitchell Road would take. He CITY COUNCIL MINUTES April 18,2000 Page 14 had hoped the work on Technology Drive would be completed before the closing of Mitchell Road. Mayor Harris said Council has indicated it is important to minimise the impact of this road closing, especially to the businesses. Any ways to reduce the pain should be explored. Although several Councilmembers wanted to wait until the next Council meeting to make a decision, Case reminded them a delay could mean not having the road open by November. Thorfinnson said he would like further consideration of providing access on Martin Drive to northbound Mitchell Road between now and the time the north leg ramps open. Mayor Harris said they should take full advantage of the construction season by approving the compressed schedule at this meeting, but include instructions to the Staff to look at alternatives. Dietz said the MnDOT project engineer offered to come to this meeting but Dietz hadn't thought it would be necessary. Enger said Council could direct Staff to work with MnDOT and get the team back together that met at the start of the TH 212 project. He said Staff would look at the most effective way to notify the public. Mayor Harris said she would recommend approval, and then have MnDOT come back to answer the concerns at the May 2 Council meeting. The most important factor is compressing the schedule down to eight months. Dietz said he would request a representative to come to the May 2 Council meeting. MOTION: Butcher moved, seconded by Case, to approve request from the Minnesota Department of Transportation (MnDOT) to modify the staging of the Segment H, TH 212 project in accordance with a letter proposal from Michael G. Beer, P.E. to Eugene Dietz, dated March 30, 2000, and subject to the following conditions: 1. That MnDOT proceed immediately to begin installation of emergency vehicle preemption at the signalized intersections of TH 5/Mitchell Road and Mitchell Road/Technology Drive. 2. Advanced warning signs regarding closure of the north leg of Mitchell Road be installed by April 19,2000 for a closure on April 24,2000. 3. MnDOT will make every effort to provide notification to the motoring public in advance of the closure. MnDOT to provide additional business directional signage, flyers and public information similar to CITY COUNCIL MINUTES April 18,2000 Page 15 the effort that was made for the Prairie Center Drive bridge project. MnDOT to commit additional resources to public information and direct notification to businesses to update them on the proposed closure and provide frequent updates to businesses and residents. 4. An all-weather emergency vehicle access will be provided between TH 5 and Martin Drive along the westerly side of the building housing NAPA Auto Parts. 5. A fully signed detour route be established with input from City staff, including advanced notification of the closure at Baker Road/W. Vd Street and Mitchell Road/CSAH 1. 6. That MnDOT not activate the meters from Prairie Center Drive to TH 212 until final completion of the Segment H project. 7. That the Mitchell Road bridge over TH 212 will be open to the motoring public during the winter of 2000/2001 (utilizing temporary paving if necessary). 8. That except for short intermittent closures, the Mitchell Road bridge over the freeway will be available to emergency vehicles when the south leg of Mitchell Road is under construction. 9. Improve signal timing and coordination on Eden Prairie Road between Terrey Pine Drive, Highway 5 and Wagner Way. When the south leg of Mitchell Road is closed,residents and the motoring public will need every available alternative to be operating at peak performance in order to accommodate the re-routing necessitated by the closure of the south leg of Mitchell Road. 10. MnDOT to provide access to northbound Mitchell Road as soon as possible via the newly constructed ramps (in other words, access to northbound Mitchell Road should be a priority during the first stage closure of the north leg of Mitchell Road). Additionally, MnDOT is requested to examine short-term access possibilities via Martin Drive in advance of permanent access to Mitchell Road and examine increasing access rates at ramps to the regional system when the south leg of Mitchell Road is closed. Appropriate MnDOT staff is requested to review these issues and attend the May 2, 2000 Council meeting to address findings. Motion carried 5-0. XHI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES April 18,2000 Page 16 1. City Manager's Evaluation and Merit Bonus Recommendation Tyra-Lukens reported that she and Councihnember Thorfinnson conducted a performance evaluation of the City Manager over the past month. As a result of that, they made a recommendation for a merit bonus award to Chris Enger of 3.5 percent of his 1999 salary. This was presented to the Council at a March 21 Council meeting and earlier this evening they met with Enger regarding the goals Council hopes he will accomplish next year. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the City Manager's 1999 evaluation and merit bonus award of 3.5 percent of his 1999 salary. Motion carried 5-0. 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 Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher, to move into a closed session regarding threatened litigation, and therefore to adjourn the City Council meeting. Mayor Harris adjourned the meeting at 9:40 p.m.