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City Council - 05/01/2001 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,MAY 1,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. 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. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Mosman moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried 5-0. V. PROCLAMATIONS A. SENIOR AWARENESS WEEK—MAY 4- 18 Mayor Harris read the Proclamation naming May 4-18, 2001 Senior Awareness Week. The theme this year is "The Many Faces of Seniors." She presented the Proclamation to a representative group of senior citizens. B. ARBOR DAY IN EDEN PRAIRIE,—MAY 5, 2001 Mayor Harris read the Proclamation naming May 5, 2001 Arbor Day in Eden Prairie, which is set aside for the planting of trees. She urged all citizens to support efforts to protect our trees and woodlands and support the City's urban forestry program. CITY COUNCIL MrNTMS May 1,2001 Page 2 Mosman said she is a member of the Restore Our Gym Task Force, and read an invitation to attend a program on the early days of the Eden Prairie schools on May 11, from 9:30-11:00 at the school gym. This is being held in conjunction with National Preservation Week and Senior Awareness Week. Several long-time residents will share some of the history of Eden Prairie schools. Pictures of the remodeling of the gym will be on display, and those attending will learn about possible future renovations. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17,2001 Harris made a correction on page 12, where the title for item 2 should read "Invitation to the Public to Attend Presentation by Jeffersonian Scholar— Mayor Harris", and repeated again in the body of the following paragraph. MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, April 17, 2001 as published. Motion carried 5-0. VII CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIND ADDITION by Eric Lind. 2nd Reading for Planned Unit Development District Review with waivers on 1.68 acres, Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres and Zoning District Amendment within the R1-22 Zoning District on .50 acres. Location: Southeast corner of Eden Prairie Road and Scenic Heights Road. (Ordinance No. 14-2001-PUD-9-2001 for PUD District Review,Zoning Change and Zoning Amendment C. ADOPT RESOLUTION NO. 2001-70 APPROVING FINAL PLAT FOR OAKPARKE ESTATES 3 ADDITION D. ADOPT RESOLUTION NO. 2001-71 AUTHORIZING FEASIBII.ITY STUDY FOR CEDARCREST DRIVE IMPROVEMENTS,I.C. 00-5520 E. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT, S.S.A. 97-09 F. ADOPT RESOLUTION NO. 2001-72 AUTHORIZING ACQUISITION OF EASEMENTS FOR CHARLSON AREA IMPROVEMENTS G. AWARD BID TO TRUERIDE, INC. FOR INSTALLATION OF SKATE PARK EQUIPMENT AT ROUND LAKE PARK H. AWARD CONTRACT FOR REROOFING PROJECTS AT CITY CENTER,PARAMEDICS QUARTERS AND FIRE STATION#3 CITY COUNCIL MINUTES May 1,2001 Page 3 I. DECLARATION OF SURPLUS OFFICE FURNITURE AND AUTHORIZATION FOR DISPOSAL Butcher referenced Item G. about the installation of skate park equipment at Round Lake Park. She asked Lambert when the lake will be open for swimming. Lambert said the goal is to be open by the 4th of July. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. Request for Planned Unit Development Concept Amendment on 7.2 acres, Planned Unit Development District Review on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres, Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres, Site Plan Review on 7.2 acres, and Preliminary Plat of 7.2 acres into 5 lots. Location: Pioneer Trail and Hennepin Town Road. (Resolution No. 2001-73 for PUD Concept Amendment, Ordinance for PUD District Review, Zoning Change and Zoning Amendment, and Resolution No. 2001-74 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 19, 2001,Eden Prairie News and was sent to 177 property owners. Brian Cluts, architect for the project, said the prior plan was approved by the City Council that included a mixed-use retail development and had concept approval for senior housing and retail. Over the course of the development it was decided to revise the plan for 7.2 acres. There would now be a 3-story, 40-unit senior building with 11,622 square feet of retail space on the first floor. This replaces the 30-unit senior building east of Hennepin Town Road. The roof of the senior/retail building will be used as an outdoor patio. West of Hennepin Town Road there would be a 23,945 square-foot retail area, 3 townhouses, 12 live-work townhouses, and 8 senior townhouse units. This would replace the 27,000-square-foot retail building, a gas station, a park-and-ride lot, and 15 live-work townhouse units west of Hennepin Town Road. The plaza concept would be maintained and included in four areas on the site. Tyra-Lukens asked if they had spoken to the staff of Southwest Metro about loss of the park and ride and bus access. Cluts said when Southwest Metro decided not to be a part of the development, he took it out of the plan. They have provided for bus access. Case asked how the live-work area would be signed. Cluts said there are only four units in the live-work area and they would have four small signs over each entrance. There would also be a pylon sign identifying that portion of the project. CITY COUNCIL NIINUTES May 1,2001 Page 4 Butcher asked what kind of retail would be attracted to that complex. Cluts said they anticipate more office-type use such as real estate, attorneys and architects; all of which would be businesses that generate low volumes of traffic. Case asked if there is a track record to prove the live-work concept works. Cluts said he heard of one being built in Minneapolis and a combination of retail and senior housing in Shakopee that has been very successful. Case asked if there are contingency plans if it doesn't work out to convert it? Cluts said in case it doesn't work out,they would like to have the flexibility to convert it back to residential. Mosman said the intersection coming into the live-work complex is very busy, and she wondered about the amount of traffic that would come in. Cluts said there would not be a large amount of traffic. Franzen said the neighborhood/commercial zoning district allows the flexibility to use the live-work area as either residential or office. At the information meeting held by the Planning Board in January, they discussed what uses were clearly within the spirit and intent of the Comprehensive Guide Plan for this corner and the original PUD. It was decided that the gas station should be on the east side of the road, and invited the developer to come back with project details 30 days later. At that time the Planning Board determined that the tree loss was too high and the relationship between commercial and residential on the west side of Hennepin Town Line Road was not as good as the approved plan. Two weeks later the developer came back with reduced tree loss and brought the residential and commercial relationship back to the approved plan on the west side of the road. The Planning Board then voted 7-0 to recommend approval of the project. Dietz discussed access. He said at the original approval of the project there was a lot of discussion about the median opening for Walgreens, and finally settled on a left-in only from southbound Hennepin Town Line Road. This has been modified by the developer to allow a left-in lane into the west side of the property as well. Staff has not reviewed this yet,however. If the Council is inclined to approve the project, it should understand that it would be for left-in to Walgreens only. If the Council wishes staff to study it further and obtain additional access, staff could review that between the 1st and 2nd Reading and report back to the Council. A fair amount of time had been spent on this at the earlier meetings and the solution was a left-in to Walgreens only. Mayor Harris asked if the redesign avoided the necessity for a left-in only at Walgreens. Dietz replied this left-in lane for Walgreens is about to be constructed so a change might cause some delays. He was not prepared to offer a firm recommendation about modifying from the original approval. Mayor Harris asked if Council were to approve the project,would staff look at all possible options to move the traffic freely between these two sides of the road? Dietz said the concern is the location of the median opening in relationship to Pioneer Trail. CITY COUNCIL MINUTES May 1,2001 Page 5 Butcher said she noticed some of the residents were interested in extension of the sound wall on Highway 169. She asked if there is a way to get it extended to form a greater buffer at the end of it. Dietz replied he didn't think there was a convenient way to do it at this time. When the Highway 169 project was designed, it was for a different type of use. There have been changes since then and MnDOT would not likely come back and put in a sound wall. Perhaps MnDOT would consider putting a wall in with the interchange project. When the City begins the review process, they can try to negotiate putting in a wall. Also, the Council will be requested by MnDOT to approve a project at the interchange and could request the sound wall. Mayor Harris asked if anyone wished to address the Council about this project. Kim Lindquist, 9933 Balmoral Lane, stated she been consistent in supporting the project. Lindquist shared her concems regarding the sound barrier, the landscaping between the sound wall and the property line, the location of the commercial area, the intersection configuration where Walgreens will be located, and the pylon sign at the entrance to her neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Butcher asked Gene Dietz what the timing is for MnDOT constructing the interchange at Pioneer Trail and T.H. 169. Dietz didn't have that information. The only funding that has been allocated is for right-of-way acquisition and some of the design work; no funding has been identified for the intersection itself. However, T.H. 169 has been designated an inter-regional corridor and that makes it a higher priority than some other roadway systems in the state, and an allocation was made for beginning the study process. Case said the Council previously spent a lot of time discussing this intersection of left-in, right-out, and there was concern was people cutting across the gas station property. Since the gas station was removed from the plan, Case wondered if it couldn't be opened up. Dietz replied the issues before were about projected volumes of traffic on southbound Hennepin Town Road leading to the signal at Pioneer Trail and that would block the entrance for those making a left turn because it is so close to the intersection. It would also cause some backup of traffic because of people making a left turn. A gas station would generate more traffic, and he believed the change in use might have some implications regarding the City's position on this,which was not addressed or studied or discussed before the Planning Board meeting. Case said he noticed the traffic numbers were substantially lower with the revised plan. Before the 2nd Reading, he would like to have the engineering staff look at this and consider if perhaps it could be opened up because of the lower volumes of traffic. He also asked staff to look at the entire intersection and see if it makes sense to open it up. CITY COUNCIL MINUTES May 1,2001 Page 6 Mayor Harris noted there has been a significant change with this new design. Mosman asked if there is any precedent for doing any grading or landscaping in a highway right-of-way. She wondered if it could be negotiated with MnDOT. Dietz replied there is precedent for landscaping adjacent to and within a highway right-of-way. He believed MnDOT would consider the idea. There may be some safety zone areas where they would not allow trees to go in. There would probably be opportunities to put in more landscaping along the property line, on the backside of the ditch, but MnDOT has not been asked or answered that question. Mayor Harris said the Council could ask staff to approach MnDOT about that matter. Dietz said if the developer is asked to do the landscaping so it would be well screened, staff would then go to MnDOT with that information and staff could work on the plan. Butcher asked if there would be three pylon signs. Franzen answered the City Code would allow a PUD identity sign at the entrance to the development. Also there can be a sign for Walgreens building, a sign for the senior housing- commercial building and the retail building on the west side of Hennepin Town Line Road. The only thing not in the plan is the detail of what the sign looks like. They would allow up to a 20-foot-high pylon for a sign in the commercial district. The retail building gains some visibility by having some signs on the building rather than a tall pylon sign. As part of the PUD the Council has the latitude to restrict the height of the sign. The PUD sign along the highway right-of-way that is 20 feet tall is some distance from the neighborhood, and perhaps signs that are closer to the neighborhood could be limited in height to ten-foot-high monument signs. Case said he assumed that when the interchange is constructed, Pioneer Trail will go over T.H. 169, so if the landscaping is put in to block the view now, in ten years it no longer will. Dietz said T.H. 169 will stay at grade, and Pioneer Trail will go up and over it. Case said it was agreed staff would work to get that road screened. If it is appropriate to do so, he would like to have a letter come out of this process from the Mayor to MnDOT, stating the Council highly recommends that this sound wall be addressed as the potential overpass process comes to fruition. That would put the letter into the historical record. Dietz said staff would do that if Council wishes. MOTION: Butcher moved, seconded by Tyra-Lukens, to adopt Resolution No. 2001-73 for Planned Unit Development Concept Amendment on 7.2 acres; and approve I" Reading of the Ordinance for Planned Unit Development District Review with waivers on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres and Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres; and approve Resolution No. 2001-74 for Preliminary Plat of 7.2 acres into 5 lots; and direct CITY COUNCIL MINUTES May 1,2001 Page 7 Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and the following Council conditions: ask proponent to make sure the area discussed is well screened, ask the Staff to contact MnDOT about the potential for mitigating the sound with a sound wall in their plans, and for Staff to review the intersection before the 2nd Reading. Motion carried 5-0. B. FLYING CLOUD BUSINESS PARK by Moen-Leuer Construction. Request for Comprehensive Guide Plan Change from Medium Density Residential to Industrial on 9 acres, Planned Unit Development Concept Review on 19.3 acres, Planned Unit Development District Review with waivers on 19.3 acres, Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres, and Preliminary Plat of 19.3 acres into 2 lots. Location: Northwest Corner of Pioneer Trail and Flying Cloud Drive. (Resolution No. 2001-75 for Guide Plan Change, Resolution No. 2001-76 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-77 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 19, 2001 Eden Prairie News and was sent to 24 property owners. Debra Brodsho, of Broadsho Consulting, is the landscape architect for the project. The project is two one-story office-warehouse and office-industrial buildings, totaling 172,111 square feet, on the northwest corner of Pioneer Trail and T.H 2112. Currently there are five lots at this location and three existing family homes,plus several outbuildings. The houses and outbuildings will be torn down, and all but one of the existing driveways will be closed. The remaining driveway will provide the only access to the site. The site is in compliance with all City requirements regarding parking, landscaping, etc. They are asking for two waivers. One is for reduced parking setback. The reason for this request is that, by pulling the parking lots closer to the road, they can save a greater proportion of the trees on the back of the property. The other waiver is for percentage of office use from 50 percent to 75 percent. There is a large retaining wall going through the site that separates the building sites. Also, there is another large retaining wall that preserves the slope. Although there are not a lot of significant trees, the shrubs provide stability to the slope. The majority of trees are cedar and box elder. Two NURP ponds will be located for the minimum amount of tree loss. The buildings were designed so the exterior elevations facing the street are for the offices and would have a large amount of two-toned brick and glass. Brodsho said that at the Planning Board meeting the developers were asked to use more historic species of trees. The landscape plan was done so it was very urbanized and formal, but off to the edges it has a more informal appearance to better blend with the historic nature of the adjacent property. A trail system will be installed along Pioneer Trail and Highway 212 and will be connected to the front entrances. CITY COUNCIL MINUTES May 1,2001 Page 8 Butcher asked what kind of showrooms there would be. Brodsho answered there would not be any showrooms;the buildings would be for office and industrial use. They are being built on speculation and there are no tenants yet, but they would have to be in compliance with I-2 zoning standards. Franzen said the Community Planning Board voted 6-0 to recommend approval of the project at the April 9, 2001 meeting. They also voted to recommend approval of the setback and percentage of office use waivers. The revised landscape plan shows plant material that is more consistent with the historic nature of the Cummins-Grill House and tree loss along the utility extensions would be replaced with 24 inches of a variety of oak trees. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-75 for Comprehensive Guide Plan Change from Medium Density Residential to Industrial on 9 acres; and adopt Resolution No. 2001-76 for Planned Unit Development Concept Review on 19.3 acres; and approve lst Reading of the Ordinance for Planned Unite Development District Review with waivers on 19.3 acres and Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres; and adopt Resolution No. 2000-77 for Preliminary Plat of 19.3 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Butcher said she couldn't help but notice how close this property is to the Cummins-Grill House. There are times of the year when the City has functions at that house, and it would be appreciated if the parking lot on the Flying Cloud Business Park property could be used for some of these City functions, assuming the parking lot at the business park would not be used by tenants on the weekends. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, to approve Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." X. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2001-78 RESCINDING FINAL PLAT OF NORTH BLUFF 2 ND ADDITION Enger explained this is a request to rescind the final plat of North Bluff 2nd Addition for 52 lots, approved at the December 5, 2000 Council meeting. The second motion is to adopt the resolution approving the revised final plat, which consists of 36.6 acres for 41 lots and one outlot. When the North Bluff 2nd Addition was approved, MAC acquired a portion of the property for the Flying CITY COUNCIL MINUTES May 1,2001 Page 9 Cloud Airport. At the time of the writing of the Staff Report, staff and MAC were in agreement as to what MAC's requirements were. City staff recommendation is for approval of rescinding of the final plat and approval of the new final plat with the 41 lots. Enger said he understood that MAC has requested an opportunity to address the Council and give their position. Mark J. Ryan, EIS Project Manager for MAC, referenced the letter he sent to the City regarding this development of the North Bluff 2nd Addition. He wanted to make the Council aware of some of the things going on with this project regarding the evolution of the work as it relates to the airport, the relationship to Eden Prairie and the Laukka-Jarvis development. In December 2000,MAC took action to acquire as much of this 2nd Addition area as possible, for protection of the one- way approach to the airport. In subsequent meetings with Laukka-Jarvis, Peter Jarvis asked if they could take less than the whole 100 acres. Staff met with Peter Jarvis and went through several deliberations and concurred the property could be developed consistent with the safety needs for the runway approach. At the same time MAC is going through the Supplemental Draft EIS and has full participation of the Mayor and City staff for a noise mitigation plan for this project. It was clear a certain type of development would be acceptable and a certain type would not be acceptable. In the past two months MAC has been working with noise restrictions in terms of Ordinance 51 and the types of aircraft that could use the airport. The FAA said that was not allowed because it was unconstitutional. MAC reached a compromise with the developer and felt their proposed modification would be acceptable under aviation safety standards. MAC has no intention of acquiring any platted developments. Anything in place as open space in February 2000 AMC would consider as undeveloped. Anything after that date MAC would consider as developed. They believed a compromise with Laukka-Jarvis was appropriate at this point. Case stated his reaction to the statement in Ryan's letter dated April 26 to Scott Kipp that "Given the continuing residential encroachment on FCM. . . ... Case said encroachment is not development of legally platted land and implies to him actually land that seeps into the airport property. The City's position has been if MAC doesn't want certain land developed, then MAC should purchase it. If MAC does not, it is not encroachment because it is legally platted and should be developed into houses. However, if certain land is a problem for MAC, it needs to be purchased by them. So "encroachment" seems like a misstatement Ryan replied MAC has already acquired about 220 acres of property on the west side of Flying Cloud airport and this would be additional property on the east side. Case responded that he was glad MAC purchased property it believes is a problem,but anything they don't purchase they can't claim later is a problem, and therefore it is not encroachment. Mayor Harris thanked Mr. Ryan for coming. CITY COUNCIL MINUTES May 1,2001 Page 10 Peter Jarvis, the developer, said this sequence of Council actions affect his development. First is to rescind the plat, currently approved, and then to approve the revised plat,predicated on the negotiated plan with MAC. Case asked if the two motions could be done jointly. Rosow replied they can be discussed together but must be voted on separately. Jarvis described the plat. The outlot to the north was cut out, resulting in the loss of 11 lots. Rosow advised the Council not to approve the rescission unless they believe they are going to approve the other, because there is no legal basis to approve the rescission other than the request of the property owner. Mayor Harris said when safety zones are considered; it is difficult not to support the revised plat in that context. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2001-78 rescinding the final plat of North Bluff 2nd Addition for 52 lots, approved at the December 5, 2000 Council meeting. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2001-79 APPROVING REVISED FINAL PLAT OF NORTH BLUFF 2 NU ADDITION MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2001-79 approving the revised final plat of North Bluffs 2nd Addition for 41 lots and one outlot. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. HABITAT FOR TECHNOLOGY Jim Smiley spoke on behalf of Habitat for Technology. He is a resident of Eden Prairie, a retired vice-president of Qwest, and is currently a partner in the consulting firm of Smiley and Larson. Habitat for Technology began March 1, 2001, and was started by a volunteer group of businessmen and educators who have joined together to build on Eden Prairie's reputation as a good place to live, work and get educated. The members are all community leaders, either living in Eden Prairie or have a business in the City. The members have provided a fund of$100,000 to carry out their goals. The goal is to grow the existing business technology sector and to build linkages to schools and the business sectors. The group's first objective is to improve the educational experiences of secondary and post-secondary students through technology opportunities. They hope to find 25 intern sites for students from Eden Prairie High School and Hennepin Technical College and 10 job-shadow sites for teachers from those schools, in partnership with the Chamber of Commerce. CITY COUNCIL M NUUTES May 1, 2001 Page 11 The second objective is to improve communication and cooperation with City Government. Smiley has met with the City Manager and Mayor Harris to discuss this objective and he hoped strategies can be developed as a result of that meeting. The third goal is to recruit and retain technology businesses in Eden Prairie. The economic downturn has not affected business in Eden Prairie. Smiley believes those businesses will continue to grow. Another objective is to facilitate community information exchange. They plan to put community events on their Web site,habitatfortechnology.org. Mayor Harris said it was great to have Habitat for Technology in Eden Prairie focusing on technology and the future. There is an opportunity for the City to partner with them in one or more areas. One of those is for the City to provide an internship for a student from the high school or technical college. A second is looking at the City's needs and the fact they are exploring e-government as it would impact Eden Prairie in form and content. She appointed City Manager Chris Enger, Director of Financial Services Don Uram and Director of Management Services Natalie Swaggert to meet with members of Habitat for Technology to define what a working relationship or specific project might be, and to establish this as a working group and come back to the Council with some ideas and suggestions. Mayor Harris recessed the meeting at 8:30 p.m., and called the meeting back to order at 8:42 p.m. XII. REPORTS OF ADVISORY BOARDS &COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEM 3ERS B. REPORT OF CITY MANAGER 1. Council Effectiveness Retreat and Meeting with City Staff Enger suggested a couple of dates for a continued Council Effectiveness Discussion and Retreat. The choices of dates would be either Wednesday, May 16 or Thursday, May 17. Secondly, two potential dates at the end of May for a second session with the Council and staff would be either Tuesday,May 29 or Wednesday,May 30. It was decided that May 16 from 2:30 to 8:30 p.m., and May 29 from 3:30 to 9:30 p.m. would be the dates and times for these two special Council meetings. CITY COUNCIL MINUTES May 1,2001 Page 12 2. Support for Transportation FundinLy Bill in State Legislature Enger said Councilmembers were urged to support House and Senate versions of a transportation funding bill through e-mails from the I-494 Corridor Commission. The message that was suggested by the I-494 Commission is that the current$1 billion problem was created by a lack of funding in the 1990s, and urged the Legislature make a long-term funding commitment, to transfer 100 percent of the motor vehicle sales tax, increase the gas tax, and use at least a portion of the budget surplus for transportation funding to keep MnDOT moving. The Commission asked the Councilmembers to contact their state representatives regarding this. Enger said staff would send an e-mail, followed by a letter, to the City's representatives supporting transportation funding. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Response to April 12th Letter from Friends of Birch Island Wood Lambert referenced the letter containing five requests. The Council has been provided with responses to those requests. The first one was to request removal of the "No Trespassing" signs posted by Hennepin County. Staff contacted the County and was told if the City would indemnify the County,the County would consider removing the signs. Mayor Harris said the City's insurance company would not do that because the signs are on County land. Lambert said, regarding reappraisal of Parcel A, staff would recommend that the appraiser be contacted at any time to see if there is any difference in the price of the land with the removal of Parcels D and E. Mayor Harris asked if there is any reason to do that now as opposed to a future time. Lambert replied he didn't think there would be much cost to do that and it could be done now or whenever the City enters into a purchase agreement with the County. Mayor Harris said if it can be done quickly, and there is not an overriding reason to order that now,then it can wait. Lambert said there was no reason to do it now. Case said he has talked to Jeff Strate and also had a discussion with the City Manager. Case believed it was important for the Council to again reiterate its support to sometime acquire this land. Parcel A is listed as open space in the City's Comprehensive Guide Plan. The City continues to want that land. The House just passed a bill putting a moratorium in selling Parcel A for one year. Senator Ed Oliver also had a bill that stipulated the City to pay the County an amount not to rise above the appraised value of the property. CITY COUNCIL MINUTES May 1,2001 Page 13 MOTION: Case moved, seconded by Butcher, to support public preservation of that portion of Birch Island Woods identified in the Eden Prairie Comprehensive Guide Plan as public. Mayor Harris said Senator Oliver's bill is not alive but there are indications of continuing activity in the House. She has talked to Senator Oliver and Representative Workman, as well as City staff that day, and the bill speaks to permanent preservation and protection of this area for future generations. There is no question this Council strongly supports the acquisition of this area. The question has always been how? Motion carried 5-0. Mayor Harris directed staff to communicate this motion by e-mail tomorrow, with a formal letter to follow, to the appropriate members of the State Legislature. 2. Purgatory Creek Recreation Area Planning Process — Review of Program Alternatives Lambert introduced Barry Warner and Ken Grieshaber with SRF, a consulting group. They would bring the Council up to date on the process for developing a plan for the recreation area entry. They would be reviewing four program concepts from a passive design to a relatively urban use. Staff is committed to giving the Council, the Program Board and the Park and Recreation Board of Commissioners input to the design program components. He requested the City Council attempt to come to a consensus on the program components of the entry. Barry Warner expressed appreciation for the ability to work with the City on a long-term plan. The Council's input would guide them where to go with the design. Purgatory Creek is a multi-faceted recreation area. One of the facets is a trail project that will encircle the Purgatory wetland and the trail is about 2-1/2 miles in length. City staff is working with the watershed district on alignment of that trail. Second, there is a basin that is going to be excavated by the watershed district to a depth of 3- 5 feet just south of Technology Drive. It will be the first cleansing device for the watershed district for water moving toward wetland that will serve as a secondary cleansing device. The third aspect is a park element that is seven acres in size, and is in the south quadrant of Technology Drive and Prairie Center Drive. The Council will be asked to give guidance about this programming this park area. The Opus Company is currently constructing an office building immediately south. There will be a vehicle pass-through to the parcel, a right that was given as part of the Opus development. There will be access both off Technology Drive and a right- in off Prairie Center Drive. There is a stormwater pipe going through the parcel, and that is one of the constraints they will be dealing with. CITY COUNCIL NlU UTES May 1,2001 Page 14 They put together a matrix of alternatives. It will give guidance on a number of variables. One of the variables they will be dealing with is parking. There is an opportunity for shared use parking within the parcel. In the most passive alternative they are looking at from 20-30 spaces and perhaps up to 200 spaces in the most intense alternative. Although there may be peak events, they believe there are adjacent mixed-use projects where the City can have parking available for community-wide events. The second variable is a building facility, whether it might be on the passive side with a picnic shelter, or whether it might be something more intense like a multi-use building with concessions. Another variable would be restrooms, whether there could be a permanent building, or whether satellites might be used instead. Landscape type would also render that type of variability, whether it would be native low-maintenance materials or something that might be more manicured. The type of activities programmed within the park will give the type of variability. Diagrams have been put together to help understand space allocations and some of the programming elements. Ken Grieshaber said he would go through program alternatives. The first concept is a passive/natural program to interpret the existing drainage way/wetland going through the center of the site. There would be satellite restroom enclosures; a 20- 30-car parking lot, a picnic shelter, vegetated water edge and native plants along the perimeter. The second alternative idea is introducing an education/interpretive program center, with exhibits for City residents to utilize. It will allow more vegetation around the perimeter of the site. There would be parking around the site of up to 50 or 60 cars and would allow for bus parking. There would be a large group picnic area and an outdoor classroom/small group picnic area. The third program would be more intensive use to accommodate performance and events of some kind in a bandshell, open-air pavilion. There would be in a shallow open lawn seating area that could accommodate up to 3000 people and a parking area for 200 cars. They would encourage pedestrian connections to the other parking areas at Opus and the park-and-ride to the north of the site. There would be a gateway entry to the area. The fourth program would be an urban plaza program. When SRF met with the task force they talked about a Centennial Lakes concept. This would include a food and entertainment venue within a building. The main theme is more paving with a convertible street with pavers,more of a streetscape-type of treatment. There is a fountain, an interpretation of the drainage way,parking for 100 to 200 cars, and a monument entry. CITY COUNCIL MEgMS May 1,2001 Page 15 Barry Warner said the purpose of the program alternatives is to talk about the functional aspects of the park for from the programming and spatial requirements. Mosman, who is a member of the task force, said the City is expected to be responsible for providing some parking, although it may be possible to share some parking at Southwest Metro and other locations. The task force talked about using the concept of Centennial Lakes; however, this is a natural area. It is not all an urban park; it is more of a transition. There can be as much of an urban transition as they wish or go directly to the natural area. One big concern was pedestrians crossing the road to the park. Mayor Harris said she liked the presentations being listed in order of more passive to more urban. With reference to Centennial Lakes, there is a lot to be said for bring people to gathering places in the City, and the urban program creates an opportunity for gathering. Tyra-Lukens said this is a really unusual site because it is close to a nature location yet is also close to parts of the City that are among the most urban. She believed the concept for this area should be more intense, the urban plaza area where it could have a farmers' market, as well as festival and seasonal activities. She liked the idea of the entry monument at the corner to designate the area. She also liked the idea of a public arts and sculpture area. The more intense use of the site would be preferable to her,but not as urban looking as Centennial Lakes. She would like to see it used all year around and asked if there couldbe a skating rink. Warner responded that there are some limits with reconstruction of the basins there may be moving water in the winter. Also a lot of the water coming through is laden with salt and may not make a good skating surface. However, perhaps there could be a limited-size rink that would be more highly maintained and accessible to the community. Tyra-Lukens said she liked the way the access to the office building curves through the site and with the urban design it was straightened out, and she wondered why. Warner said he understood that as long as Opus has access through the parcel, any configuration or alignment of that roadway could be accommodated. As they progressed toward the most intense alternatives, they believed a convertible street for pedestrians that could be closed for street dances and festivals, is very consistent with those upper level activity parks. Case stated he definitely favored the fourth alternative for intense use of the site. He believes the City needs a strong, attractive focal point. Mayor Harris said parking would have to be off-site if there was a CITY COUNCIL AHNUTES May 1,2001 Page 16 farmers' market. They should also work with Opus to share their parking. Butcher believed this area would have a large population in the future, so having a lot of activity in this area is logical. The urban plaza program would have a real community downtown feeling. With regard to the amphitheater in alternative three, the City has the Staring Lake amphitheater serving that function already, and it would be redundant to have another one so close. She liked the notion of educating and interpreting in alternative two, but she believed it would be preferable to have activities to attract the community and serve as a focus for the City. Mayor Harris believed there was a consensus among the Councilmembers of preference for the urban plaza alternative, with which she agreed. It provides a destination for the purpose of enjoying the attractions there. Mosman said being a part of the task force she wouldn't give her opinion at this time. The task force looked at elements of alternatives, 2, 3, and 4. It is a wetland and they want to maintain some native materials. They are working very hard to use recycled materials, and a building that would be suitable for a park. The task force all agreed on having flush toilets, on the lighting and the idea of having sculptures, etc. The task force looked at some type of a building that would serve the function of protection against the wind and traffic noise, offer shade and buffer visibility from the road. They also thought about using it year around. She asked what Councilmembers would think about renting a building like that for private functions. Mayor Harris thought it would be a good idea because the City needs those places in Eden Prairie. The others agreed. Warner said there was some question about the level of maintenance of the landscaping; whether they looking for a manicured garden look, or something more native from a landscape expression. Also they could have some kind of public art that could be interwoven into the sidewalk or plaza surface. The significance of the wetland complex could be brought into the design expressions. Also,because it is influenced by the confluence of two major streets, there might be some kind of focal point at that intersection, such as a vertical monument. Tyra-Lukens asked if thought had been given to sponsoring bricks to sell as pavers to offset the cost of construction. Lambert said they had; the consultants have some suggestions and will present them as options to consider in the final design. Mosman said a walk would be built between the drainage section and the pond,which will have walking paths all around as well as seating areas. Mayor Harris asked if the consultants needed any additional information. Warner said this was good feedback. The next meeting of the task force is on May 24. That will be their opportunity to bring back to the task force some design concepts based on this feedback. They would be back to the CITY COUNCIL MM'4=S May 1,2001 Page 17 Council in late June or early July to give them a final product. Case said, regarding prairie grasses, he would like to see this park be a transition from the market center not a transition from the native grass areas. He wanted this area to be a place for people to gather. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Golden Triangle Area Traffic Study Dietz reviewed the results of the traffic study carried out by SRF Consulting Group, Inc., for the City. He gave credit to the City's Traffic Engineer, Randy Newton for the work he did on the traffic study. The Golden Triangle Demonstration Project is between Eden Prairie and the Metropolitan Council. The I-494 Corridor Commission, Southwest Metro Transit, and the Metropolitan Council developed this traffic study to identify traffic issues and solutions in the Golden Triangle Area because of increasing congestion. The traffic study was funded through the demonstration grant. The cost was $45,000, with the Metropolitan Council paying half of that amount and the City paying half. The purpose of the traffic study was to determine the impacts of a mixed land use policy, the benefits of reducing travel demand, and to identify infrastructure improvements. There are about 700 acres in the Golden Triangle Area, with 26,000 employees, or half of the employment in the Eden Prairie area. SRF was hired to look at three traffic congestion issues. From 4:30 p.m. to 6 p.m. it is difficult to get out of the Golden Triangle. SRF also looked at mixed land use and ride-share issues. SRF was asked to look ahead 20 years and ascertain what would happen if nothing was done about traffic congestion. They said there would be a 35- percent increase in employment(to 35,200), congested intersections would increase by 3 times (6 to 17), and travel times would increase 4 to 7 times (up to 25 minutes). If nothing is done, this is going to be a difficult situation. However, if some of the mechanisms mentioned are implemented, it would take a multi-level approach. Mixed land use, Transportation Demand Management (TDM), infrastructure and the Golden Triangle Traffic Management Association (GTTMA) are the four things it would take to solve the problems. Mixed land use would mean instead of just being an office complex or industrial office complex, residential components would be introduced, CITY COUNCIL MMWTES May 1,2001 Page 18 which should reduce the number of employees leaving the site each day. Acquiring and developing the land for mixed use would be a City responsibility. The use of TDM would reduce congestion in the area. It might be possible to reduce congestion by eight percent and, over the course of 20 years, could perhaps achieve a 15-percent reduction in traffic. A telephone survey of employees has been done, identifying the kinds of things they would consider for TDM incentives. In order to work, employers will have to agree to offer incentives and employees would have to agree to utilize them. In terms of infrastructure improvements, the cost of the recommended improvements would be about $5.8 million. Other improvements might include a new exit point from the area, a Washington Avenue bridge across I-494, or perhaps a new bridge across T.H. 169 out of the northeast corner of the triangle to get from Washington Avenue to the Edina side. Those improvements would be an additional $6 million. Some of those items could be included in the City's CIP. However, staff is looking for partnerships between the City and the business community. At the staff next meeting with them, they will begin to talk about whether business might pay for a portion of these improvements, and the City, and perhaps the County or state,would pay for some of these projects. The fourth component of the traffic solution would be GTTMA. This group will be coordinating traffic management efforts in the area. It would serve as a good business liaison to the City and create partnerships. The challenge is that right now MnDOT has reduced the timing of the ramp meters to about 3 seconds. The GTTMA believes the ramp meters will remain. It is difficult to create partnerships now because the ramp- meter problem went away with the change in the timing. MnDOT plans to keep that timing for the remainder of the year. Dietz asked the Council to receive the report and direct staff to develop an action plan. Enger said this study, for the first time, quantifies what is going on currently and projects it forward to see what the impacts could be. The study provides opportunities for partnerships at a political level. The ramp meters came along after the development of the GTA, which is in a good location because of the proximity of major highways. What the City brings to the table is to help provide for technology companies coming to Eden Prairie. The Golden Triangle developed at a time when industrial office development was low in intensity. Bloomington and Edina have been the focus of redevelopment over the past few years. There was no level playing field in terms of intensity compared with cities further east. The Metro Council is looking for examples of"smart" growth. There is a CITY COUNCIL MINUTES May 1,2001 Page 19 strong potential for a partnership with them. The City may be able to provide development and redevelopment in a way that gives additional capacity for Eden Prairie and metropolitan companies to grow, while doing it in a way that supports the Metro Council "smart growth" policy. Their part may be to help with location and existence of the ramp meters and gain a lot more capacity in that area. The study talks about mixed land use as a tool. He suggested every development may not come in with the exact proportion of mixed land use, but the City will be looking for mixed land use equivalent. The City would be able to work with them as they came in as long as they met the number of trips per acre. Improvement of the transportation system can continue to fuel the economic engine needed in both Eden Prairie and the metropolitan region. MOTION: Mosman moved, seconded by Tyra-Lukens, to receive the Golden Triangle Area Traffic Study and authorize staff to develop an action plan for implementation. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said the Council will move to a closed session to discuss litigation, and afterward will come back into an open session to take proposed action on this litigation. MOTION: Tyra-Lukens moved, seconded by Case, to move to a closed session for the purpose of discussing litigation. Motion carried 5-0. The Council moved to closed session at 9:39 p.m. Mayor Harris called the meeting back into open session at10:44 p.m. City Attorney Ric Rosow said with regard to the lawsuit between the Swanson's and the City,the Council was advised by the attorney who represents the City and who has presented the Council with a settlement agreement pertaining to that lawsuit. He said if the Council wished, it would be appropriate to have a motion to approve the settlement agreement and release, and to authorize the Mayor or City Manager to execute the agreement. MOTION: Butcher moved, seconded by Case, to approve the settlement agreement and release, and to authorize the Mayor or City Manager to execute the agreement. Motion carried 5-0. CITY COUNCIL MEWTES May 1,2001 Page 20 XVI. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Case, to adjourn the meeting. Mayor Harris adjourned the meeting at 10:45 p.m.