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City Council - 11/21/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 21,2000 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 7:00 p.m. II. INTRODUCTION OF STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS AND STUDENT-AT-LARGE REPRESENTATIVES Mayor Harris introduced student representatives who have volunteered to serve on City Boards and Commissions and two who will serve at large. The following were present: Jaclyn Matzen and Amber Swiggum—Student Representatives to the Human Rights and Diversity Citizen Advisory Commission Jonathan Erickson and Richard Greywitt—Student Representatives to the Parks and Recreation Citizen Advisory Commission Isabelle Chann and Shang Wang—Students At-Large M. PLEDGE OF ALLEGIANCE IV. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 to 6:55 p.m. in Heritage Room H. 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 Are Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES November 21,2000 Page 2 Butcher added an item about a safety problem on Pioneer Trail, under XIV.A. Reports of Councilmembers. Thorfa mson added comments about Item D. under VII. Consent Calendar. Enger added a report on Birch Island Woods under XIV B. Reports of City Manager. MOTION: Thorfinnson moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD NOVEMBER 7,2000 Case made a correction on page 5, the second-to-last paragraph, which should read "Although Ryan Companies has probably lost patience with the process, . . . " A correction was made by Mayor Harris on page 19, the last paragraph, which should begin"Mayor Harris said. . ." MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held November 7, 2000, as published and amended. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERKS LICENSE LIST B. APPROVE SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES WITH TKDA FOR WATER UTILITY STORAGE BUILDING C. AUTHORIZE MAYOR AND CITY MANAGER TO SIGN MUNICIPAL ABATEMENT INCENTIVE FUND GRANT APPLICATIONS D. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR TH 212/SHADY OAK ROAD HOV SLIP RAMP AND AUTHORIZE FIELD SURVEY AND SOIL EXPLORATION WORK E. ADOPT RESOLUTION NO. 2000-187 CALLING FOR PUBLIC HEARING JANUARY 16, 2000, TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING(TIF) DISTRICT F. AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN "ACKNOWLEDGEMENT OF NO INTEREST IN CONDEMNATION PROCEEDS FROM PARCEL 92" G. ADOPT RESOLUTION NO. 2000-188 AWARDING CONTRACTS FOR IMPROVEMENTS AT THE PRAIRIE,VILLAGE MALL LIQUOR STORE H. ADOPT RESOLUTION NO. 2000-189 DESIGNATING THE RESPONSIBLE AUTHORITY RELATING TO DATA PRACTICES AND APPOINTING CITY COUNCIL MrffmS November 21,2000 Page 3 AND DESIGNATING THE DATA PRACTICES COMPLIANCE OFFICIAL Thorfinnson pointed out that Item D., regarding the HOV slip ramp at TH 212 northbound from Shady Oak Road, is a direct result of the efforts of the Golden Triangle TDM Demonstration Project Corridor Commission and the City working with MnDOT to come up with a solution that will work. This agreement brings $450,000 from MnDOT to the City to get the project done, and will be added to the $250,000 grant for the demonstration project as well as funds from Super Valu for work in that area. The Corridor Commission is working on a grant from Hennepin County, which would help find solutions for those who are land-locked in the Golden Triangle area. Thorfinnson thanked Gene Dietz and his staff for their work on the project and help in obtaining the funds. Case asked if the efficacy of this slip ramp would be affected if the state does not restore metering. Thorfinnson replied it would not, as the base of the ramp is incorporating a staging area for buses, which will allow Southwest Metro Transit buses to cross over the bridge on Shady Oak and access the slip ramp. There will be a tunnel under Shady Oak Road to the Park and Ride so buses won't be trapped by traffic in the Park and Ride area. As a result, even if the ramp meters are not turned on, the slip ramp helps alleviate some congestion from the Southwest Metro Transit traffic. MOTION: Butcher moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VIH. PUBLIC HEARINGS/MEETINGS A. SHADY OAK TECHNOLOGY BUILDING ADDITION by Mount Properties. Request for Planned Unit Development Concept Amendment on 2.7 acres, Planned Unit Development District Review on 2.7 acres, Zoning District Amendment within the I-2 Zoning District on 2.7 acres, and Site Plan Review on 2.7 acres. Location: 6875 Shady Oak Road. (Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2000-190 for PUD Concept Amendment) Enger said official notice of this public hearing was published in the November 9, 2000,Eden Prairie News and sent to 16 property owners. Steve Michals, from Mount Properties, said construction of a 26,024-square-foot industrial building was approved by the Council in August 2000; however,they are proposing to expand the building by 6,259 square feet because an industrial tenant has been obtained who will occupy the entire building. The building is under construction, and the first phase should be completed in the next three weeks. They propose to expand the southwest corner of the building, using the same exterior materials of brick and glass and meeting all City Codes. The revised site plan would keep existing curb cuts. The company is dropping the request for a waiver on the parking, and it will meet City Code. The proposal includes the elimination of the PUD waiver for 75 percent office use in the I-2 zoning district, as the expanded building would be 50 percent office use and 50 percent warehouse use. CITY COUNCIL AHNUTES November 21,2000 Page 4 Uram said the Community Planning Board voted 8-0 to recommend approval of the project at its November 13, 2000 meeting. It meets the requirements of the I-2 zoning district. Mayor Harris asked if anyone present wished to address the Council on this project. No one did. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No.2000-190 for PUD Concept Amendment on 2.7 acres; and approve 1" Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the I-2 Zoning District on 2.7 acres. Motion carried 5-0. B. ENTREVAUX by Pemtom Land Company. Request for Planned Unit Development Concept Review on 33.09 acres, Planned Unit Development District Review with waivers on 30.5 acres, Zoning District Change from Rural to R1-13.5 on 30.5 acres, and Preliminary Plat on 33.09 acres into 41 lots, 3 outlots and road right of way. Location: North of Pioneer Trail, west of Bennett Place. (Ordinance for PUD District Review and Zoning District Change,Resolution No. 2000-191 for PUD Concept Amendment,Resolution No. 2000-192 for Preliminary Plat) Enger said official notice of this public hearing was published in the November 9, 2000,Eden Prairie News and sent to 134 property owners. Dan Herbst, President of Pemtom Land Company, introduced the project. He said the land was purchased by the Welter family in the 1950s. It consists of 33.09 acres and has a great number of trees and interesting topography. There is a dam on Purgatory Creek, which runs along the west side of the property. His company did a complete Phase I environmental study, tree analysis, soil tests and topographical study. There will be 41 single-family lots, conforming to RI-13.5 zoning regulations. The company is asking for four variances; other than that, the plan submitted meets all requirements for RI-13.5. The main entrance to the development is off Bennett Place. The sidewalk system will be extended around the entire neighborhood. The developer will be dedicating 9.25-acres to the City, including the Purgatory Creek corridor, for a future trail. There will also be a 50-foot conservation easement placed around the historic foundations on Outlot C for preservation purposes. Access to the property is from Olympia Drive and Bennett Place. A landscaped entry median is proposed on Olympia Drive at Bennett Place. They are requesting a waiver for two monuments on each side of Olympia Drive that would read "Bntrevaux". The monuments will be heavily landscaped. Another monument is proposed at Pioneer Trail and Bennett Place that would read "Olympic Hills." The monuments would be maintained by the Homeowners' Association. Five-foot-wide concrete sidewalks are proposed along the west and south side of Olympia Drive, along the outside portion of Entrevaux Drive, and on the west side of Bennett Place. Landscaping of the right of way next to the sidewalks is proposed,which would soften the appearance of the driveways. CITY COUNCIL NIINUTES November 21,2000 Page 5 Uram said the Community Planning Board voted 7-0 to recommend approval of the project, with the proposed waivers, at its October 23 meeting. The Staff Report recommended removal of the landscaped median; however the Community Planning Board supported the request. Regarding placing plantings and boulders in the right of way, the Board recommended they be removed and placed behind the right of way. The Staff Report recommended providing a safety railing along the dam structure in Purgatory Creek. Butcher asked how the entrance monuments are different from other places that have them, such as Settlers Ridge. Uram said the City Code allows only one monument sign at each entrance; the request was to place both at the same intersection. Butcher asked about the safety railing along the dam structure. Uram said it is a safety issue and Staff recommends a fence. However, the DNR has not made a final recommendation that a fence would be required. Butcher wondered if a fence would spoil the aesthetics of the dam. Lambert pointed out that people would climb over the fence if they were determined to do so. Tyra-Lukens asked why Staff was concerned about having a median built at the entrance. Dietz replied the City has had a number of locations where medians are installed that look good at the beginning, but as time goes on they are not kept up by the homeowners and then become the responsibility of the City to maintain. In single-family developments, such as this one, that tends to be a problem. There was a center median in another location that the neighborhood didn't want to maintain, so the City removed it and paved the area. A median can also become a sight-distance problem. The City has a policy to recommend against having them. Case said if the City did allow some of the special features in the right of way, such as landscaping and boulders, could the City covenant with the property owners to protect its interests, so that if the City had to come in and dig up the right of way, it would be at the homeowners' expense. Dietz replied he believed that could be done; however, special assessment agreements that carry over several sales of the property have been a problem in the past. If they don't have a strong Homeowners' Association, it becomes a problem to get maintenance problems taken care of. Snow removal is more difficult because snow is piled on the right of way. Tyra-Lukens said she likes the development plan and would like to make it work and still protect the interests of the City. She recommended covenants with the property owners, so that they would pay the cost if the City has to dig under the right of way. She thought that made sense in this development. Mayor Harris asked if anyone wished to address the Council on this project. CITY COUNCIL MINUTES November 21,2000 Page 6 Matt Johnson, 11553 Welters Way, lives adjacent to one of the lots in the proposal. He showed the outlot abutting a wetland and separated from the rest of the subdivision. He said it would require a 225-foot driveway going between two other lots to reach the building site. Because it is a very large building site it would require much more tree removal than an average-size lot. There are many deer that come up from the Minnesota River to graze in the wetland area. A building on this site would effectively block that route used by the deer. He also expressed concern about runoff and damage to the wetland area. He asked the Council to consider eliminating that lot from the final acceptance of the proposal. Uram said it appears the plans have been revised. The building pad for that site is consistent with other building pads in the area. Michael Pawlyszyn, 9635 Bennett Place, said he lives directly opposite the main entrance to the development. He would appreciate eliminating the median and limiting the monument signs to one. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing. Motion carried 5-0. Mayor Harris said she liked the plans for landscaping. However, she wanted to address the concerns raised by Dietz regarding snow removal and maintenance. Case said he liked every unique item the developer mentioned and he would like to find a way to do it all. Developers so often take beautiful topography and bulldoze it over and remove trees. He also said he liked the median and the curving sidewalk. It is beautiful property and he was in favor of keeping the beauty that is there. He would leave it up to the developer to protect the City's future maintenance costs with covenants. He believed this neighborhood would be willing to do that. Butcher said she appreciated the developer being sensitive to the historic archeological sites that are on the property. This is a very unique project and she has received many letters from the neighborhood. Butcher said she liked the appearance of the monuments and the median at the entrance, and supported use of the boulders along the right of way. In this neighborhood she believed homeowners have a great sense of pride and commitment to their properties. She felt sure the people who buy lots in this development would follow any covenant or restrictions written into the homeowners' agreements. She has seen other unique projects done in other communities to create beautiful neighborhoods. Mayor Harris said she was not persuaded that a railing along the dam is needed, unless the DNR says it is required. Tyra-Lukens said she agreed with what the other councilmembers said. Regarding the curves in the sidewalk, they appeared to be at the property lines. She believed it might be better to have them on one property so if work on them should be needed,the City would only have to work with one property owner. CITY COUNCIL MEWTES November 21,2000 Page 7 Pauly said that would depend on the owner of those specific parcels of land where the curves are made. He wondered if the Homeowners' Association would own the planting areas. If so, an agreement between the City and the Homeowners' Association would be best. Herbst said what his company has done through the years is create easements that would be up to the Homeowners' Association to maintain. He has never had easements that have not been kept up or where they have had to ask the City to maintain them. Pauly asked if Herbst would have any problem with having the Association covenant with the City, so that if the City needs to do work the cost would be paid back by the Association. Herbst said that could be done. MOTION: Butcher moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-191 for PUD Concept Review on 33.09 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 30.5 acres; and adopt Resolution No. 2000-192 for a Preliminary Plat on 33.09 acres into 41 lots and 3 outlots and road right of way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions that include approval of a median,boulders,plantings, sidewalks,two monuments at Olympia Drive, and an Olympic Hills monument at Pioneer Trail and Bennett Place. Motion carried 5-0. C. LAKE SMETANA PARK AND TRAIL by the City of Eden Prairie. Request for Planned Unit Development Concept Review on 2.0 acres and Planned Unit Development District Review with waivers in the Rural Zoning District on 2.0 acres. Location North side of Smetana Lake. (Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2000-193 for PUD Concept Amendment) Enger said official notice of this public hearing was published in the November 9, 2000,Eden Prairie News and sent to 102 property owners. Lambert presented the proposal. In the late 1980s, the City petitioned the Nine- Mile Creek Watershed for the Smetana Lake Improvement Project, which included construction of an outlet control structure, a trail around the lake, and development of a park on the north side of the lake. Due to delays caused by slow development on the north side of the lake, the City and Nine-Mile Creek Watershed District agreed to a phasing of the project. The first phase project included construction of the outlet-control structure and the trail to the Smetana home. That project was completed in 1999. The second phase includes improvement of"The Point",which was dedicated to the City for a small park, and construction of the trail. The Watershed District generally funds 50 percent of the recreation improvements for such items as trails,park shelters, etc. The City will petition the Watershed District to initiate the second phase of the Smetana Lake Improvement Project and fund whatever is eligible according to DNR rules. With this project, the City would be continuing the trail all around the lake and along Valley View Road. An existing house located there would be removed and CITY COUNCIL MINUTES November 21,2000 Page 8 put in a park shelter. The City will be putting in trails, fishing pier, horseshoe courts, landscaping, picnic pavilion and overlook deck. The trail would have a wheelchair access. Lambert said the project has been reviewed with the Parks and Recreation Citizen Advisory Commission, Community Planning Board and Program Board, as well as the residents of Real Life Valley View Cooperative. The City is trying to accommodate the residents and people who work nearby. There will be some open space areas with picnic tables. More park benches will be added along the trail to accommodate older people that would like to walk around Smetana Lake. The estimated cost for this project is $150,000. The funding source would be cash park fees, the City's match, and Nine-Mile Creek Watershed District funds for the balance. Butcher asked if the trails are bituminous. Lambert replied they are eight-foot-wide bituminous trails. Tyra-Lukens said the City received a letter from Jerry Portnoy expressing concerns about the trail running across his property. Lambert showed where that property is and said the trail runs across a section of his property, where the City has an easement, and Mr. Portnoy agreed that this is the best place for the trail. His concern is about vegetation being removed. The City has agreed to have him come with the City crew when it stakes the trail. Only small vegetation would be removed, and it is not anticipated that a significant tree would be removed. With regard to his request for a connection from his building to the trail, Lambert said he didn't have a problem making a short connection up to the edge of where his retaining wall is located,but would not agree to building a stairway. Mayor Harris asked if anyone wished to address the Council on this project. Don Klingel, 10940 Kiawah Drive, asked what the length of the trail around the lake is. Lambert replied it is about two miles. MOTION: Butcher moved, seconded by Case, to close the public hearing and adopt Resolution No. 2000-193 for PUD Concept Amendment on 2.0 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning Amendment within the Rural Zoning District on 2.0 acres; and approve the Smetana Lake Park and Trail Plan and to Petition Nine- Mile Creek Watershed District to initiate the Second Phase of the Smetana Lake Improvement Project. Motion carried 5-0. D. PROPOSED MULTI-FAMILY HOUSING PROGRAM AND ISSUANCE OF MULTI-FA /HLY HOUSING REVENUE BONDS (ROLLING HILLS SENIOR HOUSING PROJECT I (RESOLUTION NO. 2000-194) Enger said official notice of this public hearing was published in the October 20, 2000,Star Tribune. CITY COUNCIL MINUTES November 21,2000 Page 9 Uram said the Council has received a proposal that the City issue its revenue bonds to finance a development consisting of a combination of a multi-family housing development and a new health care facility in an aggregate amount not to exceed $24,000,000. The proceeds would be loaned to SCF Rolling Hills, LLC, to finance the acquisition of land and the construction and equipping of an approximately 75- unit multi-family rental housing facility for elderly persons and a health care facility consisting of approximately 53 assisted-living units and 14 Alzheimer's units. The Project will be located at the southeast corner of the intersection of Rolling Hills Drive and Prairie Center Drive. At least 20 percent of the units in the housing facility will be affordable to people with incomes at or below 50 percent of the area median income. The City has prepared a multi-family housing program for the Project, designated as the "Program for Multi-family Housing Development under Minnesota Statutes, Chapter 462C, Rolling Hills Senior Housing Project", which authorizes the Project and the issuance of revenue bonds by the City in the approximate principal amount of$24,000,000 to finance the costs thereof. Mayor Harris asked if anyone wished to address the Council on this proposal. Jay Jensen, coordinator of the medical assistance component, said Fairview-formed a partnership with Ebenezer Society to be the non-profit organization that would be directing medical services in the health care facility. The new facility will be state- of-the-art and would be affordable for senior citizens. Mayor Harris said this type of facility is very much needed in the community. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-194 authorizing a Proposed Multi-Family Housing Program and Issuance of Multi-Family Housing Revenue Bonds (Rolling Hills Senior Housing Project. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, 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." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.26, SUBD. 3, RELATING TO MEMBERSHIP ON THE BOARD OF ADJUSTMENTS AND APPEALS Enger said in 1999, the City Council adopted modifications to the City's Advisory Boards and Commissions structure, including a revision that provided for minimum and maximum membership levels. The language change for membership to the Board of Adjustments and Appeals was missed in the revision, and an amendment to City Code is needed. CITY COUNCIL MINUTES November 21,2000 Page 10 MOTION: Case moved, seconded by Tyra-Lukens, to approve the l't Reading of an Ordinance amending City Code Chapter 2 by amending Section 2.26, Subd. 3, relating to Membership on the Board of Adjustments and Appeals. Motion carried 5-0. B. LAKE SMETANA PARK AND TRAIL by the City of Eden Prairie. 2nd Reading of a Planned Unit Development District Review with waivers in the Rural Zoning District on 2.0 acres. Location North side of Smetana Lake. (Ordinance No. 36- 2000-PUD-26-2000 for PUD District Review and Zoning District Amendment) Enger said this is for the project approved earlier in the agenda. It would require five votes to pass the second reading that evening. MOTION: Case moved, seconded by Butcher, to approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning Amendment within the Rural Zoning District on 2.0 acres. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Butcher's Concern about a Pioneer Trail Safety Issue Butcher said she witnessed an accident and heard about two others in recent days at the intersection of Pioneer Trail and Homeward Hills Road. The intersection is dimly lit and difficult to negotiate. The inclement weather is exacerbating the problem. She asked Dietz if he could persuade the County to improve the markings at the intersection. Dietz said he certainly would look into it. B. REPORT OF CITY MANAGER 1. Southwest Suburban Communities Joint Public Training Facility Enger said this project is for a place to train police and fire personnel at one location. The effort was started almost 10 year ago, with major leadership from the City of Edina. Over the years various communities have joined in, and currently the communities that are involved in the effort are Edina, Richfield, Bloomington, Eden Prairie and MAC. However, staff was informed at a meeting on November 16 that Richfield has pulled out its support. The State Legislature has provided special funding for training CITY COUNCIL XI MUTES November 21,2000 Page 11 facilities, and Eden Prairie will need to apply for the funds. The Legislation provides that the cities can issue up to 1 million in general obligation bonds to pay for a joint training facility without passing a referendum. Eden Prairie might be required to increase its share of construction cost to as much as 1.6 million. The facility is expected to cost 6.2 million. Other communities are being urged to join in with their support. Eden Prairie gave a letter of support at the meeting on November 16 to help with this effort. There will be a policy decision on this at the $1 million mark and above this amount if necessary. Mayor Harris asked if this included the cost of operating the facility. Enger said no, operating costs would be about$40,000 per year. Enger asked Public Safety Director Jim Clark to address the Council. Clark said the question is whether they have any place to train, rather than the cost. They hope to have other communities pay to use the facility, but he couldn't say it would pay for itself. However, if the training for police and fire fighters goes down, it will be very costly in terms of readiness. He has talked to both Carver County and the City of Shakopee, and they say if Eden Prairie builds the facility they will use it. There is no place available to Eden Prairie's police and fire fighters to train on a regular basis. They have to go to another community when a facility is available and cannot maintain a consistent schedule. 2. Update on Council Workshops Enger said the City's consultant will present an executive summary on the results of the Community Forum at the Council Workshop on December 5. Council will also look at the final draft of the survey to be mailed out to residents in late December. On December 19 there is nothing presently scheduled for the Workshop. However, Enger said there are some questions to be resolved about the City's decision with regard to support of increment financing for the Southwest Metro Transit Hub that deviates from what the City has supported in the past. Enger recommended scheduling that discussion for the Workshop on December 19. 3. Birch Island Woods Update Enger said City Staff and Mayor Harris have been working with representatives of Hennepin County since July to see if anything can be worked out for conveyance of Birch Island Woods to the City. At the same time, there has been an aggressive effort by The Friends of Birch Island Woods. At the last Council meeting Council directed Staff to give information to them to help prepare for a presentation to the General Government Committee on November 28. Enger said he understands this is CITY COUNCIL AI MUTES November 21,2000 Page 12 an open podium time, and the group will have no more than five minutes to make their presentation. Enger said the County wants remuneration for Birch Island Woods. Although the City Council made a strong point of wanting the property conveyed to the City at no cost, Enger said they have been working to see if there is some type of swap of services or service-in-kind that could be made with the County. For example, the City has obtained 5,000 square feet of space at the Eden Prairie Center, and the Council had directed Staff to look for a community use of that space. The Council has talked about the need for a service center in Eden Prairie similar to what Minnetonka has at Ridgedale and Edina has at Southdale. Staff has been talking with County staff about providing a service center. The County has an interest in that, and is working with the State to obtain the provisional transfer of a site to Eden Prairie. The County has purchased Lund's property at the shopping center and intends to remodel it for the library. The County is considering the option of putting a service center in that location but is also interested in looking at the opportunity for space at the Eden Prairie Center. Commissioner Johnson does not support that idea, however, because he does not want to mix conveyance of property and provision of a service in a deal for land. Staff will continue working with the County on the possibility of a service center. County staff suggested that perhaps it would be reasonable to convey a piece of property. There is land that could be used just south of the Flagship Athletic Club on Castlemoor Drive. The County conveyed this parcel to the City. The land needs upgrades, as it contains wetlands. Once improvements are made, the value of the land in a few years might be higher than the conveyance value. The City has thought of building an extension to Columbine Road through that area. The City believes there is enough abatement on that property to pay for the extension of the road. The County had asked if the City would be interested in property tax abatement, which would go toward the value of Birch Island Woods. Commissioner Johnson said that was rather complex and was not certain it would be a very good route to pursue. A discussion with Commissioner Johnson on November 16 resulted in him agreeing that the City could have its Assessor look at the value of the land, with the idea that the County's appraisal of $1.25 million could be reevaluated. The City's Assessor took a very preliminary look at the property and believes it is of significantly lower value than the County's appraisal, and the City will take the County's offer to do a new joint appraisal. Staff s suggestions are: (1) Try to obtain a real value significantly lower than the County's appraisal of$1.2 million. (2) If the appraisal determines a lower cost, in the $500,000 range, the City could then apply for a CITY COUNCIL MINUTES November 21,2000 Page 13 Department of Natural Resources Scenic Conservation Grant for the property. If the property is worth $500,000 the grant would cover half the cost, and the City would look for ways to find the other $250,000. The Council will be looking at the entire CIP in the first quarter of next year. The City has requested the County Board to leave the property off the market for up to six months past the December 31 deadline, in order to continue negotiations. Enger believes the County would agree to that. Butcher asked if there is any way of obtaining a Greenways Grant that would not require the City to purchase a portion of the land. Lambert replied they tried a Greenways Grant last year and it was denied, because they said they are able to protect so much more land for the same amount of money the City would have to pay for Birch Island Woods. So the next choice would be a Scenic Conservation Grant. The City can try again for a Greenways Grant. However, that program doesn't have as much money available as the Scenic Conservation program; $500,000 is the top grant. Mayor Harris said her impression is that the County is not interested in giving away Birch Island Woods; so, so the City is ahead to the extent it can help them realize some gain on the transfer. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Site Selection for 4th of July Fireworks Display Lambert said the City moved the location of the 4th of July fireworks display to Eden Prairie Center in 1997, mainly because of the construction at the high school that year. Attendance has doubled since then to about 30,000. Now construction at Eden Prairie Center has eliminated a safe drop zone for the fireworks display. His staff met with staff from the police and fire units and looked at a number of locations around the City. They determined the best location would be Round Lake, even though there would be a problem with parking and access, compared with the shopping center. The choice is to go to Round Lake or eliminate the event next year. This would probably be a temporary move. The best location for this event is the Eden Prairie Center area. Lambert recommended evaluating the location each year and analyzing it after each event. MOTION: Tyra-Lukens moved, seconded by Case, to recommend approval for the relocation of the 4th of July fireworks display from Eden Prairie Center to Round Lake Park for 2001. Motion carried 5-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Award Contract for Liquor Store Remodeling (Resolution No. 2000- 195) CITY COUNCIL AE NUTES November 21,2000 Page 14 Uram said three sealed bids were received and opened earlier in the day. The recommendation is to award the contract for remodeling the_Prairie Village Mall Liquor Store to Terranova, L.L.C., in the amount of$43,975. Uram said the project is about two months behind schedule. They hope to be completed in the first two weeks of December so the store will be ready for the holiday season. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-195 awarding Contract for Remodeling the Prairie Village Mall Liquor Store to Terranova,L.L.C. Motion carried 5-0. 2. Lincoln Parc Multiple Family Housing Project Update Uram said he was happy to report that the City finally closed on the land sale for the project. The developer and City have been working on this project for almost two years. With the extensions and interest, the developer paid a total of$1,840,000. The City is subsidizing part of the project, in the amount of $5.7 million. The developer has received a grading permit and a building permit, worth in excess of$1 million. The total construction cost will be$32 million. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Pond K Sediment Removal and Disposal Improvements,I.C. 01-5523 (Resolution No. 2000-196) Dietz said two bids were received on November 16, 2000. The low bid was from Eureka Construction, in the amount of $59,115. The Engineer's Estimate was $72,300. A letter was received from Carl Bolander & Sons Co., protesting the bid process, as they understood the sediment in the pond is contaminated and priced their excavation and disposal of hazardous waste accordingly. Dietz discussed this with City attorneys and their recommendation is to award the contract to Eureka. Eureka has tested the sediment and found there won't be any hazardous-waste-disposal cost. Tyra-Lukens asked if Eureka would bear the cost if there turns out to be hazardous waste to dispose of. Dietz replied yes, that is the way the contract reads. MOTION: Butcher moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-196, awarding Contract for I.C.01-5523 Pond K Sediment Removal and Disposal Improvements to Eureka Construction. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR CITY COUNCIL MINUTES November 21,2000 Page 15 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 8:55 p.m.