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City Council - 05/15/2001 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,MAY 15,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron 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, Parks Manager Stuart Fox, 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. H. 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 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 Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS Mayor Harris asked Harry Moran, Chair of the Human Rights and Diversity Citizen Advisory Commission, to present awards to the recipients of the 2000 Human Rights Award and Youth Scholarship Awards. 2000 Human Rights Award—Individual Category—Rita Krocak 2000-2001 Human Rights Youth Scholarship Awards — Kimlang Chan and Erika Langefels IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item under XIII.A. Reports of Councilmembers. Dietz added a third item under XIII.E. Report of Public Works Service Director. Rosow added an item under XIII.H. Report of Cily Attorney. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES May 15,2001 Page 2 V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17,2001 MOTION: Case moved, seconded by Mosman, to approve the minutes of the Council Workshop held on Tuesday, April 17, 2001, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD TUESDAY,MAY 1,2001 MOTION: Tyra-Lukens moved, seconded by Butcher,to approve the minutes of the Council Workshop held on Tuesday, May 1, 2001, as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD TUESDAY,MAY 1,2001 Case made a correction on page 4, at the end of the second paragraph, which should read" . . flexibility to convert it back to residential." Mayor Harris made a correction on page 11, in the fourth paragraph, the fifth sentence, which should read "She proposed to appoint City Manager Chris Enger, Director of Finance Don Uram and Director of Management Services Natalie Swaggert to meet with members of Habitat for Technology. . ." MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the minutes of the City Council Meeting held on Tuesday, May 1, 2001, as published and amended. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADC THE BROAD BAND COMPANY SIGN PACKAGE by ADC The Broad Band Company. 2 nd Reading for Planned Unit Development District Review with waivers on 91.03 acres, and Zoning District Amendment within the I-5 Zoning District on 91.03 acres. Location: Technology Drive. (Ordinance No. 15-2001-PUD-10-2001 for PUD District Review and Zoning Amendment) C. REDSTONE GRILLE by Redstone, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg- Ser Zoning District on 1.21 acres, and Site Plan Review on 2.97 acres. Location: Eden Road. (Ordinance No. 16-2001-PUD-11-2001 for PUD District Review and Zoning Change and Resolution No.2001-80 for Site Plan Review) D. ADOPT RESOLUTION NO.2001-81 APPROVING FINAL PLAT OF LIND ADDITION CITY COUNCIL MMWTES May 15,2001 Page 3 E. ALTERNATIVE URBAN AREAWIDE REVIEW by United Health Group for ordering the preparation of an alternative Urban Area Wide Review. Location: south of Crosstown 62, east of Shady Oak Road, and north of City West Parkway. (Resolution No. 2001-82 for Preparation of an Alternative Urban Area Wide Review) F. AWARD CONTRACT FOR 2001 SEALCOAT TO PEARSON BROTHERS,INC.,I.C. 01-5536 G. AWARD CONTRACT FOR 2001 BITUMINOUS MILL AND OVERLAY TO BITUMNOUS ROADWAYS,I.C. 01-5538 H. AWARD CONTRACT TO RECONDITION LIFT STATION NO. 9 TO PARROT CONTRACTING,I.C. 01-5530 I. APPROVE ENCROACHMENT AGREEMENT WITH LIBERTY PROPERTY LIMITED PARTNERSHIP J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR DRAINAGE AND STORM SEWER DESIGN FOR MITCHEL ROAD ADJACENT TO ATHERTON TOWNHOMES,I.C. 01-5540 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR STORM SEWER DESIGN FOR RIVERVIEW ROAD BETWEEN PARIER DRIVE AND PURGATORY CREEK,I.C. 52-157 L. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 2, BLOCK 1, BELL OAKS FIRST ADDITION, S.S.A.89-06 M. APROVE RELEASE OF LAND FROM ASSESSMENT REGARDING UTILITY ADDITIONAL CONNECTION CHARGES FOR PID 14-116-22- 34-0004 N. APPROVE CONTRACT WITH STATE OF NIINNESOTA FOR ICWC PROGRAM MOTION: Mosman moved, seconded by Tyra-Lukens, to approve Items A-N on the Consent Calendar. Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF DRAINAGE AND UTILITY EASEMENT IN WOODLAND PONDS OF EDEN PRAIRIE (Resolution No.2001-83) CITY COUNCIL MINUTES May 15,2001 Page 4 Enger said official notice of this public hearing was published in the May 3, 2001, Eden Prairie News and was sent to 7 property owners. He said the owner of property located at 9989 Applewood Circle has requested this vacation to allow construction of a pool. The vacation will not result in a loss of storm water storage area and is not part of the designated wetland. Mayor Harris asked if anyone wished to address the Council. Linda Starks, 10008 Shadow Pond Drive, said there are two overflow drains along the side of the property, and she wanted to be assured those are not obstructed so there will be adequate drainage after the easement is vacated. Dietz responded the storm sewer pipes will still be contained within the easements, and the pool will be elevated at the level of the 100-year flood plain. Case asked why it is not important to keep that easement. Dietz replied developers propose the design of easements as part of a project, and if adequate, the City agrees. The developer followed the lot lines and squared off the corners. All the back yard was put into drainage and utility easements, but now it is apparent that much is not needed. Now there is a different use for it, and in this situation staff recommended it be vacated. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-83 vacating part of the Drainage and Utility Easement in Woodland Ponds of Eden Prairie. Motion carried 5-0. B. EDEN PRAIRIE CENTER SIGN PLAN by General Growth Properties. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review with waivers on 80 acres, and Zoning District Amendment within the C-Reg Zoning District on 80 acres. Location: Prairie Center Drive. (Resolution No. 2001-84 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) Enger said official notice of this public hearing was published in the May 3,2001, Eden Prairie News and was sent to 46 property owners. Bill Mosten, Vice President of Development for General Growth Properties, said they are requesting approval of a sign plan that requires sign waivers from the City code. It is critical to their efforts to convey the new and rejuvenated amenities at the Eden Prairie Center. This plan is consistent with what General Growth is doing at other centers throughout the country. Mosten showed the exterior directional signs, which will be located throughout the Center. At all the entrance roads there will be signs identifying the Center with the new logo. At each entry road there will be six-foot directional signs, identifying the major anchor tenants in that area. The entry towers would be located at the four main mall entrances with stone bases and logo and there are overhead signs for the parking deck. CITY COUNCIL AHNUTES May 15,2001 Page 5 Mosman asked if there would be landscaping around the large, green directional signs. Mosten said there all of them will have a landscaped stone base, using low shrubs and seasonal plantings. Enger asked Mosten to go into more detail on the purpose and function of the G-6 sign and explain why it was pulled out of the plans. Mosten said G-6 is a reader-board sign. It is something new General Growth is doing throughout their centers to promote major events in the center and community events. The sign was proposed at the Planning Board meeting, but they were opposed to the sign being used, so General Growth withdrew it. Case asked if General Growth would be open to the idea of reinstating a reader- board at a later time. Mosten said they are open to reinstating it at a later time, but are on a very tight schedule for fabricating the signs. Enger said the Council and some of the staff have worked on this project for a long time and conveyed to General Growth the Council's desire that Eden Prairie Center be a community center. General Growth agreed they wanted to do this. The idea would be to share a public-private partnership, so a reader-board sign at Eden Prairie Center could have community messages displayed on it as well. Mosten agreed this partnership is desirable. Enger asked if Council feels this is of value, staff would try to work out a partnership arrangement. Butcher said she noticed there is a lot of signage proposed, but liked the appearance of the time-honored design. However, she was concerned about the design of a reader-board and wondered how it would look. This kind of sign could carry community messages and could serve a very useful function by bringing them to people's attention. Mosten said they could do it in several ways, to simply show words or can show images, photos, etc. Butcher asked about the background and said she would prefer it not be too glaring or bright. Mosten said they can make it quite subtle if that is what the Council chooses. Tyra-Lukens said she thinks reader-board signs are jarring, but because of the perceived function of the sign, she can see it is necessary. She asked how the height of that sign, 40-feet high relates to the current theater sign on the west side of the mall. Mosten said that is about 26-feet high. Tyra-Lukens asked how tall the City Center's reader-board sign is. Dietz said about 25-feet to the peak. Case said he wants the mall to be successful, as does everyone. It appears there were two particular statements at the Planning Board meeting regarding the reader-board sign and he recognized they were doing their job. Council's job is to look out for the community as a whole. He believed a partnership with the City and General Growth was important. Mayor Harris said the mall is central to the heart of the City. It is important that the City have an opportunity to provide information to the public through a reader-board. She recommended leaving the design up to General Growth, with the understanding that the Council wants something tasteful. CITY COUNCIL UTES May 15,2001 Page 6 Mosman said the idea of moving things on a reader-board is distracting, but having a picture with writing would be less distracting. Franzen said at the April 23,2001 meeting, the Community Planning Board voted 5-1 to recommend approval of the sign plan with the waivers listed to the City Council. The Board looked at the design of the signs and their sizes. They believed the package was compatible with others in the area. Mayor Harris asked if anyone wished to speak to the Council. No one did. MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt Resolution No. 2001-84 for Planned Unit Development Concept amendment on 80.00 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the C-Reg Zoning District on 80.00 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. Mosten was asked when the Grand Opening would be. He said they were originally going to do a phased opening, with Van Maur department store scheduled for the first week of August and the theaters in September. However, with the strike of construction workers, they have been put behind schedule. When that is over they will reevaluate the opening date. Mosten introduced Al Young,the new mall manager. C. INTERNATIONAL SCHOOL AUDITORIUM by International School. Request for Planned Unit Development Concept Amendment on 38.4 acres, Planned Unit Development District Review on 38.4 acres, Zoning District Amendment within the Public Zoning District on 38.4 acres and Site Plan Review on 38.4 acres. Location: Beach Road. (Resolution No. 2001-85 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) Enger said official notice of this public hearing was published in the May 3, 2001, Eden Prairie News and was sent to 12 property owners. Paul Hatlack, one of the designers for the project, said it is an 11,372-square-foot building addition for classrooms and an auditorium, located on Beach Road. It would be at the southern edge of the site. The main floor will be the auditorium, and underneath are music instruction classrooms. Franzen said the Community Planning Board voted 6-0 to recommend approval of the project at their April 23,2001 meeting. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Tyra-Lukens, to close the Public Hearing; and adopt Resolution No. 2001-85 for PUD Concept Amendment on 38.4 acres; CITY COUNCIL MINUTES May 15,2001 Page 7 and approve J." Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 38.4 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations; and direct Staff to issue a land alteration permit to the International School to proceed with construction at their own risk. Motion carried 5-0. D. VALLEY VIEW CORPORATE CENTER by CSM Equities, L.L.C. Request for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres, Planned Unit Development Concept Review on 7.18 acres, Planned Unit Development District Review with waivers on 7.18 acres, Zoning District Change from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary Plat on 7.18 acres into 1 lot and road right of way. Location: Northwest Quadrant of Valley View Road and Topview Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published in the May 3,2001, Eden Prairie News and was sent to 25 property owners. Steve Kahley, corporate counsel for Menard Incorporated, requested that this public hearing be tabled to the next Council meeting. MOTION: Tyra-Lukens moved, seconded by Butcher, to continue the review of Valley View Corporate Center to the next City Council meeting. Rosow asked who made the application. Kahley said it was CSM. Rosow asked if they joined in the request for continuance. Kahley said yes. Davis Newcomb, Director of Architecture from CSM, said the reasons for this request are that they are continuing with discussion of the Topview ramp and access issues for the site. They need more time to work out solutions to fully understand the consequences of the initial cost of the ramp and how it will affect the development in terms of not having full access at Topview Road. Also economic conditions have surfaced regarding the unstable economy and how it would affect the cost of putting in the ramp, which they estimate will be quite substantial. Motion carried 5-0. A property owner in the area of the project asked if residents would be notified that the public hearing has been continued until the next Council meeting. She asked when that meeting would be. Enger said the next Council meeting is on June 5. The City normally doesn't send out notifications when items are continued. Mayor Harris asked that it be done in this case. VIII. PAYMENT OF CLAIMS CITY COUNCIL MEWTES May 15,2001 Page 8 MOTION: Tyra-Lukens moved, seconde I by Butcher, to approve Payment of Claims. Motion was approved on a roll call vote, with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2001-86 RESCINDING FINAL PLAT APPROVAL OF ENTREVAUX FOR 41 LOTS Enger said this proposal is located ii the northwest quadrant of Pioneer Trail and Bennett Place adjacent to Purgatory Creek. The original final plat was previously approved February 6, 2001, consis ' g of 33.09 acres to be divided into 41 single- family lots and three outlots and rig)it-of-way dedication for street purposes. The developer has revised the plat by removing two lots, therefore creating some larger lots. The revised proposal falls under the guidelines for a "minor subdivision" as defined with City Code. Separate actions are needed. Staff recommends approval of both actions. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2001-86 rescinding the final plat approval of Entrevaux for 41 lots, approved by the City Council on February 6,2001. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2 01-87 APPROVING REVISED FINAL PLAT OF ENTREVAUX FOR 39 LOTS AND THREE OUTLOTS MOTION: Butcher moved, second d by Case, to adopt Resolution No. 2001-87 approving the revised final plat of Entrevaux for 39 lots and three outlots. Motion carried 5-0. X. PETITIONS REQUESTS AND COMMT WICATIONS A. METROPOLITAN COUNCIL REQUEST FOR PUBLIC HOUSING (Resolution No. 2001-88) Cecile Bedor gave a presentation about the Metropolitan Council's Family Affordable Housing Program. The etropolitan Council plans to acquire single- family homes, duplexes and condominiums on the open market. The Metropolitan Council will be retaining a professional property management association. Ms.Bedor asked for Council's approval to acquire up to 15 properties. Mayor Harris asked what is the period of time they propose to acquire the properties. Ms.Bedor said they have until April 2002 to acquire the properties. Butcher said she serves on the Co unity Council for FamiLink as the Human Resources person and affordable h sing is at the top of the list. The annual report came out and affordable hour' g is the thing that is most requested. She asked if there will be a partnership bc tween the City and the Metropolitan Council CITY COUNCIL MDUMS May 15,2001 Page 9 with regard to selecting the housin . Ms. Bedor said no; they will meet with the City to find out where development ireas and will take suggestions from the City. Case said on paper, in reality this seems like a good way to provide affordable housing and he supported this pr gram. He asked if the Metro Council had established a track record yet. Ms. Bedor said this is the first public housing the Metro Council has developed so fa-. However, the Metro Council has built the largest number of Section 8 housing in the state. Their commitment is very strong because it is a huge issue in the regi n. Tyra-Lukens said she is a member Df the Family Housing Plan. With regard to Section 8, units are taken away when the house sells at the market value, so this program is exciting because the M tro Council has control over this. The only question is the title of the program, which is Special Projects. That name might indicate the Metro Council is not cc mmitted for the long term. Is this a program that will be evaluated in five years or is there a long-term commitment to ownership by Metro Council. Ms. Bedor said they have an executed 40-year contract with HUD. The Metro Council will be eligible for ongoing capital grants. The Council can assume this is a long-term program. MOTION: Mosman moved, seconded by Butcher,to provide general support for allowing the Metropolitan Council to acquire and operate up to 20 residential properties in conjunction with their amily Affordable Housing Program(FAHP); and adopt Resolution No. 2001- 8 approving the Cooperation Agreement. Motion carried 5-0. B. REQUEST FOR 42" GRAVE MARKER AT PLEASANT HILL CEMETERY BY DELORES HO GE Enger said this matter was consider d on April 17 by the City Council. However, at the request of Delores Hodge made at the Council Forum. on May 1, the Council indicated they would be willing to have further discussion on this. Delores Hodge, 16463 Ellerdale L e, said she was asked to come and address the problems that were brought up at the April 17 meeting. One objection made by the Council was that the City wo ild be responsible for replacing a marker if it were damaged. However, in looking at the Rules and Regulations governing Pleasant Hill Cemetery, they clearly state the City is not responsible. Section 9.2 states "General care of the cemetery assumed by the City shall not include the maintenance,repair, or replacement of any grave marker. . ." With regard to damage being done in the event another grave has to be dug next to the marker, the lot to the right of iers already has a marker on it, and all of the graves beyond those markers are already in place, so there wouldn't be a question of damaging any markers. She asked for a 42-inch marker because she wants the three names on one marker. Putt' g a 42-inch marker over the double grave CITY COUNCIL MWUMS May 15,2001 Page 10 leaves more space on either side of each grave than would be left if she put in a 30-inch marker and a 24-inch marker separately. The rules state that, in case of hardship, exceptions to the rules can be made without in any way changing the rules. Mayor Harris asked if this 42-inch arker would span two graves. Mrs. Hodge said it would,with three names on i . She wanted her twin daughters to be buried next to each other, with the marker above their graves. She planned to be cremated and place the urn in the same grave with one of the twins. Stuart Fox said there were several 'ssues raised at the Council Forum. The first issue is that maintenance and operation of the cemetery is overseen by the Council. Once the rules are changed, they must be changed by resolution. The second issue is in terms of how the markers are set on the graves. If there is a marker covering two graves, it must be removed at the time of digging. Staffs concern is that the marker could be damaged, especially during the winter period, and the City would feel it should be replaced by the City if the City damages it. Mosman noted at the Council Fo , the size of the marker for a double grave is 12x30 inches, not 36 inches as me tioned at the April 17 Council meeting, so requesting a 42-inch marker is a 12 inch exception to the rule. If this marker is placed in the middle of two sites at is time, then when the next grave is dug,the marker will have to be removed no after what time of year it is. The option staff had considered was to have a sm "1 marker at this time and then the 42-inch marker when the second burial plot ' used. Fox replied staff gave three options (1) The 42-inch marker to be placed across two graves and limit burial in the econd grave to cremation burials so marker would not have to be moved. (2) low second full burial to occur and place the 42-inch marker after the second full burial, so chances of marker being damaged would be minimized. (3) Approve pecial unique circumstances in this case, and a waiver be signed stating that the Gity would not be responsible for repair if the marker is damaged. Mrs. Hodge said she would sign a waiver or set up a contingency fund in her Will in order to get permission to place th a marker. Tyra-Lukens said she would prefer o handle this as an exception with the signed waiver, and for the record, have the unique circumstances of the situation spelled out rather than passing a resolution t change the rules. Mrs. Hodge said even though the ru es state that the City is not responsible, staff says if the City damages a marker the City would have to fix it, but that is not in the rules. When she signs the waii er,'the City is freed from the responsibility. She found only one marker in the Wd part of the cemetery where the edge of a marker was chipped, so the possibilil y of her marker being damaged is low. Mayor Harris asked what is on the ave now. Mrs. Hodge said nothing is there except an alloy marker in the gro d, which was placed there one year ago tomorrow and it was upsetting to her that the grave does not have a marker. CITY COUNCIL MMWTES May 15,2001 Page 11 Mayor Harris said she agreed wit Tyra-Lukens that this should be made an exception to the policy. Case said he would make this an exception to the rules at this time and base it upon whatever contingencies staff ants to have; however, if the City continues to get requests,the Council needs to get more involved. Butcher said she concurred with t at. This is a unique situation and Council should choose the exception option. Mrs. Hodge said mention was ma 'e at the Forum about a perpetual fund. She understood the perpetual care fund is just for the maintenance of the cemetery grounds, so there was no reason to have any other provision for replacing the markers. However, if the waiver is necessary, she would give the City a handwritten one. Mayor Harris asked staff what provision would cover this because they are making an exception, and also hoA best to frame the language permitting a 42- inch marker. Enger suggested that the unique circumstances in this case would be to allow use of a 42-inch grave marker for three or four interments. The purpose of the larger marker is to depict three names. Rosow said if the Council wanted additional reason to grant an exception,Mrs. Hodge wanted a joint marker bec use of the twin daughters. Regarding the waiver,it would be prepared after the meeting for her signature. Fox said the record of this mee ' would go into the file after the motion is made. If the motion were made contingent on three or four burials, there would not be any questions in the future as to what the direction was. MOTION: Case moved, seconded by Tyra-Lukens, to rescind the action to deny Mrs. Hodge's request made at the April 17, 2001 Council; and approve the request as an exception for this specific instance based on the information submitted to the City Council by Dolores Hodge which they have discussed this evening, including a waiver relea ing the City from responsibility. Motion carried 5-0. M. REPORTS OF ADVISORY BOARDS & COMMISSIONS MI. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBIERS 1. Chemical Sprayin by Lawn Services—Councilmember Tyra-Lukens CITY COUNCIL MMWTES May 15,2001 Page 12 Tyra-Lukens said she has received a call from a resident who was concerned about the lack of otification that chemical sprayers give when they come out to treat property. The caller said she has tried to find out when spraying is going too cur and then the lawn service doesn't come at that time. She has had plants die because of spraying in the area. Tyra-Lukens received ano er call that day from a resident concerned about chemical spraying of awns and whether it should even be allowed. She has talked to Chris Eng r and Gene Dietz, and was told the City does license companies that spray chemical fertilizers but the City does not license them for herbicides, which is done at the state level. Tyra-Lukens said she would like to get a r port from Leslie Stovring on what the City is allowed to do, so the Counci would have that information. Mayor Harris said a woman alled her that day because her son is affected by chemical spraying. As a in children and other lung problems are of increasing concern and likely caused by the environment. She asked that staff provide information (r 1 chemical spraying to the Council. That would raise the subject to a level of visibility where residents could then take individual action even i�the City cannot. B. REPORT OF CITY MANAGER 1. Reschedule Bud et Works]i olD to June 5 2001 Enger said the Workshop of the Budget process, originally scheduled for that evening,would be held c In June 5. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Sin letree Lane Economic evelo ment Site Uram reported he has recei ed three Letters of Intent for the Singletree Lane economic developmei site. He asked for Council's approval to have the developers come v and give a presentation regarding what they are proposing. They are 1 proposing a mixed-use development that would include both housing ad retail development. Council agreed to have Ujm ask them to come to the next Council meeting on June 5. E. 1. Status Report on Pioneer Tiail Pro'ect CITY COUNCIL MINUTES May 15,2001 Page 13 Dietz said because of the C unty's Pioneer Trail road project, it will be closed as far as Purgatory C eek beginning on June 11. The closure will last three-four months. The ounty will have a signed detour on T.H. 212 and I-494. However, City s aff believes Anderson Lakes Parkway could get some of the traffic. Thee are several suggestions about handling the increased traffic. One possit ility is to create a bypass lane at Franlo Road for westbound traffic on An erson Lakes Parkway and for people turning left on Franlo Road. That s ould be done by June 11. If the City does a very inexpensive fix, it wo d cost about $10,000. To have a contractor put in a permanent bypass 1 e would cost about$30,000. Another option to explore with the County i to ask them to pay for the materials to install a temporary signal at Frahlo and Anderson Lakes. However, that intersection does not meet warrants today for a signal. Also, local residents might think the temporary signal is a good thing to keep and make it difficult to get rid o it. A temporary signal would cost $30,000- $50,000. Another complication is the3 would expect a certain amount of additional traffic on Riverview Road. The City settled a lawsuit with a property owner on that road and, as a result, the City has to install a storm sewer this construction season. If the City waited until Pioneer Trail is open, which could be as late as October 11, there is the possibility of problems over the winter to get that patched back in. The City would plan to construct the storm sewer aft r mid-September, and Pioneer Trail could be open by then if all goes well. Dietz said he would apprec. e the Council's opinion about a bypass lane, using road-improvement Ilds in the C1P. That would be a benefit to traffic. If possible, a perm nt installation would be the best thing to do, and would cost $30,000. Another impact is that people might choose to use Homeward Hills Road or Franlo Road all the way. The closing will have some impacts on the community, because the City doesn't have many parallel roads. Mayor Harris said she beli ved the detoured traffic will use Anderson Lakes Parkway. A left-turn 1 me at Franlo Road makes a lot of sense. Dietz said eventually the City would do some of these things like bypass lanes and left-turn lanes an ay. Some intersection improvements are likely to be necessary in the fliture. Case said if Dietz believes i left-turn lane is a needed improvement at some point, he recommende it be done right and would favor that being done now. He understood the City would wait to put in a temporary signal if it is proved to be neces ary. With regard to the Riverview Road problem, he asked if it would be totally closed for that project. Dietz replied once they start going down the hill, it would be totally closed. CITY COUNCIL AHNUTES May 15,2001 Page 14 Case said he would like to h ve a sign put up for neighbors who might not know about the closing. Dietz said the City could sign it near Pioneer Trail. Mayor Harris said perhaps he local newspaper would also alert people about the closing. Dietz said he would try to et in the permanent installation of a left-turn lane at Franlo Road before J ne 11,if possible. Butcher said residents in the southeast section have suffered with the improvements to Pioneer Tr il. Safety has been an issue, so she would like to make sure that theCily does everything it can to make it safe, even if it costs more to do that. She recommended having the left-turn lane improvement at Franlo Roa and said the signal was a great idea. She asked about the bypass lane. Dietz said that is the left-turr lane he referenced. It would be a bypass for traffic going westbound on derson Lakes Parkway. There would be a lane that widens out, so cars can pass those waiting to turn left at Franlo Road. Mosman favored the permanent solution at Franlo Road. 2. Amendment to Developers A reement with ADC Telecommunications,Inc. Dietz explained the City attorney and staff have negotiated an amendment to the Developer's Agreement with ADC to resolve financial issues regarding the proposed iml rovements to Technology Drive. It more clearly defines the responsibilities for design costs, location of the roadway and City responsibi ities for upgraded intersection improvements at Mitchell Road and Techno ogy Drive. The improvement starts wi the intersection and follows Technology Drive. There will be an intersection improvement that would provide for a five-lane approach northbound and the same configuration southbound. The west approach would be five lanes. The trail on the south side would be ADC's responsibility. Th project ties in at the east end of the bridge. The bridge itself is wide enough for a four-lane facility, so there will be a separate pedestrian lane. The wetland south of St. Andrew Church will be filled. ADC will be resp nsible to absorb all costs associated with wetland mitigation and provide wetland mitigation on their site. The terms of the first ame idment to the agreement are that the tax abatement with ADC is still intact, the City and ADC will each absorb their own "soft costs", which are staff time, attorney time, design costs and project management costs. To the extent that the project might exceed CITY COUNCIL MINUTES May 15,2001 Page 15 $2 million, ADC has agree to pay the additional costs that would be associated with keeping Technology Drive centered within the right-of- way (staff preferred a shift 'i the alignment to the south to avoid wetland issues and additional construction costs). ADC is asking for two right turn lanes into their property. The City will do this probably at a cost of less than $30,000. The original agreement stated if the project exceeds $2 million, the City has the responsibility to scale it back. However, if th y are going to have a four-lane project, there is nothing to scale back to. They could scale back the intersection,but that makes the whole traffic pattern work. After ADC has paid their share for maintaining the centerline, 1he City has the responsibility to reduce the project to $2 million, or ask the City to pay the additional funds through taxes, etc. The City is responsible for acquiring the right-of-way from MTS. They have asked th the City share in a right-turn lane into the joint driveway between the later tower and MTS. He has explained that it is not needed, but if they r ally want it, the cost would be $6,500, to be shared between the City and MTS. Tyra-Lukens asked, if they o end up centering the road within the right- of-way, and have to re-dot e sidewalks on Technology Drive, will that involve replacement of the park benches? Dietz replied it will, and ADC would be responsible for the costs of replacement. Tyra-Lukens asked what the time frame is. Dietz said ADC's consultant is preparing the final plans at d is hoping to put it out for bids in June. Tyra-Lukens asked when St iff anticipates starting this; would it be after the ramps from Mitchell and T.H. 5 are open? Dietz said no, this will be built under traffic. The ex' ting pavement will be there, but it will be restricted. The ramps to and from eastbound T.H. 212 to Mitchell are not expected to be open until the end of the construction season. MOTION: Mosman moved, seconded by Case, to approve the first amendment to Developer's kgreement with ADC Telecommunications, Inc. regarding improvements to Technology Drive. Motion carried 5-0. 3. Bluffs Country Village Acc ss to Walgreens Dietz said the City received a request from the developer that the idea of changing what has already been approved for the Walgreens project be withdrawn. Their own consultant believes a full access there would be a bad idea. Staff had not fally studied this, but Dietz supported their request. Staff identified in the original approval process there might have to be geometric changes on Pioneer Trail if the City did anything but a left turn into Walgreens. The reject needs to go ahead. The developer doesn't want to wait until e City reviews this and, in fact, it is the approved plan, and they wou d like to implement it. CITY COUNCIL MVNUTES May 15,2001 Page 16 Dietz suggested allowing them to withdraw their request. There is probably less need to provide access to that site because the uses will be more destination-oriented. He asked Council for a motion to approve the withdrawal request. Rosow said the proposal would be coming back for the 2nd Reading, so the approval could be part of that. Dietz responded it probably won't come back for the 2nd Reading for two-four weeks and the developer would like to know before then. MOTION: Tyra-Lukens moved, seconded by Case, to accept the withdrawal of the developer's original design. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY 1. Meeting with Special Counsel for Flying Cloud Airport Expansion The Council will be meeting with the Special Counsel on May 22 at 3 p.m. Rosow has had a discussion with the Special Counsel over the past week regarding structure of the meeting and how to handle it. He has asked them to prepare a report in such a way that a portion could be stated in public. That means the Council would come into an open session. Mr. Kirsch and Mr. Reimer would make a presentation appropriate for the public and then adjourn to a closed session for the rest of the discussion. If Council wanted to take any action, it would come back to open session to take that action. Notices would be provided about this meeting, with notification that a portion of it would be open. Case asked if the public portion would be on television. Mayor Harris said it certainly could be recorded and then the time it would be broadcast could be given at the meeting. 2. Cancellation of Flying Cloud Advisory Commission Meetings in May Rosow said the Mayor, Mr. Enger and he had a telephone conference with the Chair of the Metropolitan Airports Commission regarding cancellation of the Flying Cloud Advisory Commission meeting in May. They explained the Council would be meeting with the Special Counsel on May 22 and the Council would be requested to ratify that action at their May 15 meeting. MOTION: Mosman moved, seconded by Butcher, Direct the Flying Cloud Airport Advisory Commission (FCAC) to reschedule its regularly scheduled meeting that was to be held in May to a date to be determined CITY COUNCIL MINUTES May 15,2001 Page 17 by the Council at a future date and direct the FCAC to schedule no further special meetings until further direction from the Council. Motion carried 5-0. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Tyra-Lukens, to adjourn the meeting. Mayor Harris adjourned the meeting at 9:25 p.m.