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City Council - 05/02/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 2,2000 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 Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:05 p.m. H. PLEDGE OF ALLEGIANCE III. PROCLAMATION DESIGNATING SENIOR AWARENESS WEEK Mayor Harris read the proclamation designating May 5-15 to be Senior Awareness Week in Eden Prairie. The theme for this year is"Seniors 2000 and Beyond." IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XII.A.1., Report on Southwest Cable Commission. Thorfinnson added Item XII.A.2., Report on the I-494 Corridor Commission's Traffic Management Association Project in the Golden Triangle. Tyra-Lukens added Item XII.A.3., Immigration Refugee Report. Enger removed Item V.F., as modifications need to be made to the agreement. Enger added Item XII.H.1.,under Report of City Attorney. MOTION: Thorfinnson moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,APRIL 18,2000 MOTION: Case moved, seconded by Thorfinnson,to approve the minutes of the City Council Workshop held Tuesday, April 18, 2000, as published. Motion carried 5-0. CITY COUNCIL NIINUTES May 2,2000 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18,2000 Tyra-Lukens made a correction on page 13, the third paragraph. It should read "Tyra-Lukens said there would be more Eden Prairie traffic converging on fewer accesses onto TH 212 . . . so that the impact to north-south traffic would be less." MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday,April 18, 2000, as published and amended. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2000-71 APPROVING FINAL PLAT OF STRINGER ADDITION C. APPROVE PROCLAMATION DESIGNATING SENIOR AWARENESS MAY 5 THROUGH MAY 19 D. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. 2nd reading for 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. (Ordinance No. 15-2000-PUD-8-2000 for PUD District Review and Zoning Amendment and Resolution No. 2000-72 for Site Plan Review) E. TARGET EXPANSION by Dayton Hudson Corporation and General Growth Properties. 2nd reading for Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres and Site Plan Review on 8.0 acres. Location: Flying Cloud Drive at the Eden Prairie Center. (Ordinance No. 17-2000-PUD-10-2000 for PUD District Review and Zoning District Amendment, and Resolution No. 2000-73 for Site Plan Review) F. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE. AND HARTFORD ASSOCIATES, LLC, FOR THE LINCOLN PARC APARTMENT PROJECT G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ERICKSEN ELLISON AND ASSOCIATES, INC.,FOR TELECOMMUNICATIONS ENGINEERING SERVICES MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-E and G on the Consent Calendar. Motion carried 5-0. (Item F was removed.) CITY COUNCIL NIINUTES May 2,2000 Page 3 VI. PUBLIC HEARINGS/MEETINGS A. WELTER'S TRAILHEAD 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) Enger asked that this public hearing be continued to June 6, in order to write up details regarding a trail. MOTION: Butcher moved, seconded by Case, to continue the public hearing to the June 6, 2000, City Council meeting. Motion carried 5-0. VII. PAYMENT OF CLAIMS Case inquired about the payment to Cub Foods. Uram said Cub Foods is a city- designated liquor retailer, and the payment is for the purchase of wines and spirits. MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye". VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report by Councilmember Case on Southwest Cable Commission Meetin Councilmember Case said he participated in the meeting last week of the Southwest Cable Commission. At that meeting they discussed the fact that with the merging of cable companies, it is profitable for various companies to compete with each other and break up the market for telephone, Internet and cable TV services. It is expected that two cable companies will be coming into Eden Prairie to be competitive with Time Warner. The Council will likely be involved in holding public hearings on offering franchises to these companies and probably will have to do so. CITY COUNCIL MINUTES May 2,2000 Page 4 Enger said this competition provides an opportunity to the City and School District. It should result in a healthy, competitive market. 2. Councilmember Thorfinnson's Report on the Golden Triangle TDM Demonstration Project and TMA Director's Position Councilmember Thorfinnson said the Met Council's Transportation Committee has approved the proposal to hire a Traffic Management Association Director for the Golden Triangle. Interviews have concluded and an offer has been extended to an individual. Pending approval by the Met Council, that person would be resigning her current position and starting to work in mid May as TMA Director in the Golden Triangle. Studies are being done to determine where cars and people that work in the Golden Triangle are coming from, and that information should be available soon. A market research survey will begin in the next couple of weeks and continue through the summer months. The demonstration project is moving along well,with the cooperation of the Met Council. Thorfinnson said Gene Dietz and David Lindahl have been attending meetings of the Golden Triangle Demonstration Project regularly. By the end of this year the Commission expects to see some things start to happen that will improve traffic conditions in the Golden Triangle area. They hope to get employees to pool rides. Data to see where the City, MnDOT and Hennepin County can help will be available soon. 3. Councilmember Tyra-Lukens' Report on the Family Housing Fund Councilmember Tyra-Lukens is a member of the Board of the Family Housing Fund. The fund leverages millions of dollars to build affordable housing within the metro area. A question came up at the Council's recent meeting with the School Board about whether immigrants move to the top of the list for affordable housing. The consensus of the Family Housing Fund Board was that immigrants don't automatically move to the top of the list. However, immigrants come in with a clean credit card record, arrest record, etc., and that very often puts them at the top of the list. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Approve the First Amendment to Purchase Agreement between the City of Eden Prairie and H. Dan Wright for the Sale of 7900 Mitchell Road old police property) to Extend the Closing on the Wingate Hotel CITY COUNCIL NI NUTES May 2,2000 Page 5 Uram said the City received a request from the developer to extend the purchase agreement closing date from April 28 to May 26 to allow the developer time to revise the plans and developer's agreement. The developer's agreement is expected to be submitted to the City Council at the May 16 meeting. MOTION: Tyra-Lukens moved, seconded by Case, to approve the first amendment to purchase agreement between the City of Eden Prairie and H. Dan Wright for the sale of 7900 Mitchell Road(old police property) to extend the closing on the Wingate Hotel Parcel to May 26, 2000. Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. T.H. 212/Mitchell Road Update Dietz said that at the last City Council meeting on April 18 there was a lengthy discussion about the compressed staging plan. The Council's motion to approve this plan had ten conditions for MnDOT. Dietz invited Michael Beer, Project Manager for the first two stages of the project, and Richard Lau from the Traffic Management Center, to respond to the ten conditions. Michael Beer gave the status of each condition. 1. Emergency vehicle preemption (EVP) at Mitchell Road/Technology Drive was installed prior to the close of north Mitchell Road. MnDOT anticipates EVP will be installed this weekend at the intersection of Mitchell Road/TH 5. 2. Advance warning signs were installed on April 20 and the road was closed on April 26. 3. MnDOT plans to do exactly what was done for the Prairie Center Drive bridge project. Businesses were notified through flyers,handed out at the time the signs were put in place, to direct traffic to businesses. They were notified what accesses to north Mitchell would be available; either Venture Lane or Prairie Center Drive. MnDOT's Web site shows a map and information on the road closures. 4. MnDOT had originally planned to provide all-weather emergency vehicle access along the westerly side of the building housing NAPA Auto Parts. However, at a later meeting with the City, an alternative was brought up by the contractor to use the road just north of the new bridge that will carry traffic on westbound TH 5. Fire officials thought this was a better location to bring emergency vehicles. CITY COUNCIL MINUTES May 2,2000 Page 6 5. Beer met with Rod Rue and discussed detour signs for businesses. The signs are in place at Baker Road/W. 62nd Street. The signs for Mitchell Road/CSAH 1 will not be put in place until August or September. 6. MnDOT has no problem with not activating meters from Prairie Center Drive to TH 212 until the end of construction. 7. MnDOT will make every effort to open the Mitchell Road bridge over TH 212 to the motoring public during the winter of 2000/2001. 8. MnDOT will provide availability of the Mitchell Road bridge over the freeway to emergency vehicles, and will notify authorities whenever there will be a closure due to work on the bridge. 9. Regarding signal timing on Eden Prairie Road, Beer has been informed there is a draft agreement between MnDOT and Hennepin County for MnDOT to take over some of the signals operated by Hennepin County on Eden Prairie Road. The agreement is expected to take effect in July 2000. At the present time this interconnect is not connected, but when the agreement is finalized, MnDOT will review it to see if the signal system can be improved. Tyra-Lukens said this condition was meant to indicate there is a need to get more cars through the intersections coming from a north-south direction, because there will be less access to TH 5 at different points. Beer replied traffic backs up because of the heavy volume of traffic, so if the timing is increased in one direction, it will slow down traffic in the other direction. Dietz added he would talk to staff at Hennepin County about this; they have supported the concept of turning on that interconnect system. 10. Beer said there is a lot of work that will have to be accomplished which would affect when the northbound ramps to Mitchell Road will open. If the contractor has the equipment and crews available, he will start on the ramps. To address short-term access possibilities via Martin Drive, Beer said access is provided to Martin Drive via Venture Lane on the north side of TH 5. Temporary emergency vehicle access is available on Martin Drive,but not for the general public. In addition, Beer said the original staging plans showed that when the south leg of Mitchell Road is closed, there will be access from TH 5 to northbound Mitchell, but the public won't have access to Mitchell via either on or off ramps leading to TH 5. With regard to detours, MnDOT is planning to use Technology Drive and Prairie Center Drive. That is probably going to be the most difficult part for the driving public. Dietz said that at the April 18 Council meeting he could not answer the question of when the eastbound ramp from Mitchell to TH 212 would be CITY COUNCIL NE NUTES May 2,2000 Page 7 open. He had understood it would not be open until the end of the project, in the Fall of 2001. Dietz asked Beer if there was any possibility of that happening sooner. Beer replied it is possible; but it depends on the contractor and his schedule for next year. The contractor may choose to start on the east end of the project before the west end is completed. However, if the paving crew can only come in at one time next year,that would put the opening of the ramp at the very end of the project. Richard Lau, from the Traffic Management Center, said MnDOT's metering program in the metro area is unfortunately not able to increase road capacity. All they can do is make the best use of the meters they have. In reviewing sections of I-494 through Eden Prairie, it becomes very difficult to increase the access rates at one Eden Prairie ramp without reducing rates at another ramp. Most traffic is coming from Eden Prairie, and the area east of TH 169 is a whole series of bottlenecks, with 3,800 to 3,900 vehicles per hour on the two-lane section. Of that number, 2,400 vehicles come from Eden Prairie. Traffic Management will look at various ramps and see if one ramp looks like it is getting a larger volume of traffic. Unfortunately, Flying Cloud and Prairie Center Drive ramps are blind ramps; people cannot see the queue of traffic before they get there. Butcher asked how he could ascertain that most vehicles are from Eden Prairie. Lau replied he goes by the volumes on the exit ramps. If traffic exits from I-494 in Eden Prairie, that traffic would be included in the existing volumes for Eden Prairie. Most of the traffic volume that uses TH 5, Flying Cloud Drive and Prairie Center Drive begins in Eden Prairie. Thorfinnson said 2,400 vehicles that originate or end on Eden Prairie ramps are coming through Eden Prairie, but may not be vehicles from Eden Prairie. Also, access to the regional system is the key, not the speed of the access ramps. The Council's concern was that vehicles connecting to Flying Cloud Drive try to access I-494. What is controlling traffic volumes are two bottlenecks, at TH 100 and at 35W east of France Avenue. Tyra-Lukens asked what procedure would be used to notify Traffic Management if there is a problem at access points. Lau said they can monitor most of the ramps in the metro area from the Traffic Management Center and they also receive phone calls. He will keep in touch with Michael Beer and listen to complaints when they come in. Dietz asked about the bill before the State Legislature to turn off the ramp meters on a trial basis this Fall. Lau said the bill hasn't come out of the Legislature yet. Mayor Harris asked if Council wished to add another condition to the list, with a request that MnDOT accelerate the completion of the eastbound ramp to T.H. 212 from Mitchell Road. CITY COUNCIL NIINUTES May 2,2000 Page 8 MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Item 11 in the list of conditions, which is to request that MnDOT pursue all available means to accelerate the completion and opening of the eastbound ramp to T.H. 212 from Mitchell Road. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY Pauly said he is pleased to report that State Auditor's review of the City's Tax Increment Finance (TIF) districts 1 and 2 has concluded. These districts were created in 1981 and early 1982 to provide financing for street and highway improvements within the city. The State Auditor's first finding was that use of tax increments from a TIF district for use outside that district was illegal, contrary to comments of the City's bond counsel at that time. The City took the view that the use of those funds was appropriate. Because this issue was raised with regard to several cities in the State, the 1999 Legislature adopted an amendment to the Act covering TIF districts, which ratified pooling the use of funds from smaller districts for use within larger districts. Another finding by the auditor was that certain administrative expenses derived from TIF, and taken for improvements outside those districts, was unauthorized. Again the City took the position it was authorized and that in any event, there was no legal remedy. The auditor concurred that there was no legal remedy and so that finding was also resolved. The State Auditor also commented that the City did not meet the "but for" test. This test required that the City had to make a"but for"finding; i.e.,but for the use of those funds, TIF improvements would not have been made. The auditor raised this issue because some of the buildings that were included in the TIF districts were already under construction. According to the laws existing at that time, Pauly indicated it was appropriate to include those parcels within the district. The final comment the auditor made was that the use of funds for TIF District Number 1 exceeded the source of funds. The City had pooled districts 1 and 2 together and that reflected a greater use of funds in district number 1 than had been received. The City agreed it would submit revised forms to clarify that issue. Pauly said the matter has been concluded. The auditor stated he would not forward any comments to the County Attorney, so at this point, the matter has been resolved to the City's satisfaction. XIH. OTHER BUSINESS CITY COUNCIL MNUTES May 2,2000 Page 9 A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room H. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. X1V. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 8:05 p.m.