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City Council - 02/17/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 17,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m.All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesdays of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra Lukens said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item under XIV.A. Reports of Councilmembers. MOTION: Case moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0 CITY COUNCIL MINUTES February 17,2004 Page 2 V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 3,2004 MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City Council Workshop held Tuesday,February 3, 2004. Motion carried 4-0. Tyra- Lukens abstained. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2004 MOTION: Butcher moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday,February 3, 2004. Motion carried 4-0. Tyra-Lukens abstained. VI. FLYING CLOUD AIRPORT UPDATE City Manager Scott Neal said there have been requests from Councilmembers regarding the status of Flying Cloud Airport and he has asked staff planner Scott Kipp,who tracks airport issues on behalf of the city, to provide a report. Kipp said it has been a year since the City's agreement with MAC. He said MAC is still in the EIS phase, looking internally with the FAA to review the document and that document will be ready within the next month or two. He said there will be a comment period before the document moves on for final approval by the Washington FAA office and the Environmental Quality Board. He said things are still on track with the Capital Improvement Airport Expansion Plan. He said MAC has approved their CIP for 2004 through 2010 and are still showing improvements at Flying Cloud for the sanitary sewer and runway extension in 2005, and new hangar area in 2005-2006. He said part of the final agreement was also to create an operational implementation plan that addressed commitments made in the final agreement. Kipp said MAC will conduct a reliever airport seminar that will evaluate rates and charges and cover policy and operational issues for the reliever system. Regarding scheduled service at Flying Cloud,he said MAC committed not to apply for a Part 139 certificate that would be necessary to provide for facilities for air carrier operations. He said also according to the final agreement, cargo operations would not be able to use the airport. Kipp said the FAA is proposing a statement of policy on weight-based airport restrictions. He said this applies to placing restrictions on the use of pavement at the airport. He said there has been no decision at this point. Case asked what the proposed FAA policy,if passed,would do to the City's agreement. Rosow said the agreement with MAC contained a draft Ordinance 97 that replaced Ordinance 51,which MAC adopted. He cited section 2.2 of the ordinance regarding aircraft weight restrictions.He said the taking off or landing of any aircraft at Flying Cloud Airport CITY COUNCIL MINUTES February 17,2004 Page 3 with a certified maximum gross take-off weight of 60,000 or greater is prohibited. He said the new draft policy is quite extensive,but if that policy is adopted,it will not allow pure weight-based restrictions to be effective.He said there would be a system adopted to allow for at least 10% of aircraft landing at the facility to exceed the limit. Case asked how that is affected by the pledge that both MAC and the City of Eden Prairie pledge to defend in court. Rosow said both parties pledge vigorously to defend the agreement and all parts of it, so MAC would be expected to justify why its policy is consistent with the agreement, or perhaps tweak Ordinance 97 that makes it comply with the minimum requirements of the FAA,but still satisfy the intent of the agreement. Case asked what is the City's leverage to make sure they do that. Rosow said the City is given enforcement authority within the agreement. Butcher commented that today she attended a security meeting regarding reliever airports and she spoke with the head of the Metropolitan Airports Commission. Butcher said she was told the Capital Improvements Plan has nearly$450,000 for new security measures at Flying Cloud Airport which shows MAC's commitment to keep the airport safe. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CARPET REPLACEMENT PROJECTS 1 AND 2A TO FLOORS BY BECKER'S INC. C. APPROVE CHANGE ORDER NO. 1 FOR CHARLSON AREA IMPROVEMENTS PHASE IV D. AWARD CONTRACT FOR WATER PLANT SOLIDS CONTACT UNITS RECOATING TO RAINBOW,INC,I.C. 04-5608 E. APPOINTMENT OF ASSISTANT WEED INSPECTOR F. CHANGE SECTION 8.2 OF RULES AND REGULATIONS FOR PLEASANT HILL CEMETERY TO PERMIT GRAVE MARKERS OF 12" BY 24" FOR SINGLE MARKER AND 12" BY 40" FOR A DOUBLE MARKER G. ADOPT RESOLUTION NO. 2004-27 AUTHORIZING SUBMITTAL OF APPLICATION FOR 2004 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT H. APPROVE WAIVER LETTER RELATING TO SUMMIT PLACE APARTMENT PROJECT MOTION: Case moved, seconded by Young,to approve Items A-H of the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES February 17,2004 Page 4 VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF ROLLING HILLS SENIOR HOUSING,VACATION 04-03 (Resolution No. 2004-28) City Manager Scott Neal said official notice of this public hearing was published in the January 29, 2004,Eden Prairie Sun Current, and sent to 49 property owners.He said the property owner has requested this vacation to enable the combination of Lots 1 and 2, Rolling Hills Senior Housing. Neal said the City Council previously authorized(10/01/02) a PUD Amendment,Rezoning and Site Plan Review based upon a one-lot proposal. A skilled care center has now been constructed and is physically connected to the senior housing building, crossing the common lot lines between Lots 1 and 2. Ownership and financing concerns have prompted the owner to combine the lots through a replat. The new plat will be presented to the Council soon, and will include the rededication of any necessary easements. There were no comments from the public. MOTION: Case moved, seconded by Mosman, to close the public hearing; and adopt the Resolution vacating part of the drainage and utility easement over part of Rolling Hills Senior Housing. Motion carried 5-0. B. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres, Planned Unit Development District Review on 11.99 acres, Zoning District Change from Rl- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution 2004-29 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the January 9, 2004,Eden Prairie Sun Current, and sent to property owners. He said this is a continued item from the February 3, 2004 and January 20, 2004 City Council meetings. This project was published for the January 20,2004 meeting as a request to rezone of 113 lots from R1-9.5 to RM-6.5 with waivers for lot size and setback. The developer has modified the request to rezone 84 lots from R1-9.5 to RM 6.5. The Community Planning Board reviewed a request to rezone 113 lots from R1-9.5 to RM 6.5 at a public hearing on December 8, 2003.Neal said the Board voted 8-0 to recommend the following: 1. Approval of a rezoning from R1-9.5 to RM-6.5 is for 40 lots in the west portion of Site C. 2. Denial of the rezoning from R1-9.5 to RM-6.5 for 29 lots in Site D. 3. Denial of the rezoning from R1-9.5 to RM-6.5 for 44 lots in the east portion of Site C. Neal said the board believed that single family lots should be retained in the planned unit development and that rezoning should be phased in order to allow time to CITY COUNCIL NUNUTES February 17,2004 Page 5 evaluate how the new product is selling. He said the modified request allows the developer time to evaluate the acceptance of the new product type. With some additional time,the developer would be better able to determine the number of lots to be single family or multiple family for the balance of the planned unit development. The project requires the following waivers in the RM 6.5 zoning district: 1. Lot depth from 100 feet to 90 feet 2. Front yard setback from 30 feet to 10 feet 3. Rear yard setback from 20 feet to 10 feet 4. Side yard setback from 10 feet to 0 feet on one side 5. Side yard setback from 10 feet to 7 feet on one side Franzen stated this is only a change in the type of product and not the number of units. He said it is the same product type that the Council reviewed and approved for Site A in December. The public offered no comments. Case asked and Franzen showed the location of sections and number of units in each section. MOTION: Mosman moved, seconded by Butcher, to close the public hearing, and adopt a Resolution for Planned Unit Development Concept Review on 64.9 acres; and approve I"Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from R1-9.5 to RM-6.5 on 11.99 acres; and direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions. Motion carried 5-0. C. BROOK-VIEW RIDGE by David and Patricia Smith. Request for Planned Unit Development Concept Review on 4.56 acres,Planned Unit Development District Review with waivers on 4.56 acres, Zoning District Change from Rural to R1-22 on 4.56 acres, and Preliminary Plat of 4.56 acres into 4 lots. Location: 9780 Brookview Circle (Resolution No. 2004-30 for PUD Concept Review,Resolution No. 2004-31 for Preliminary Plat, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004,Eden Prairie Sun Current, and sent to 37 property owners. He said this is a four lot single-family development to be rezoned R1-22. The Community Planning Board voted 7-0 to recommend approval of the project at its January 26, 2004 meeting. He said this project was first reviewed by the Community Planning Board in September for five lots using a shared driveway to Hennepin Town Road. The Board continued the project to reduce tree loss and provide access for all lots to Brookview Circle. The current plan is for four lots each taking access to Brookview Circle. Tree loss has been reduced from 42% down to 26%. A waiver is requested for a 0-foot side yard driveway setback for Lot 2. Code requires a 3-foot setback. The waiver is reasonable in that it maintains the driveway for the existing house on Lot 2. CITY COUNCIL MINUTES February 17,2004 Page 6 There were no comments from the public. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 4.56 acres; and approve 1"Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.56 acres and Zoning District Change from Rural to R1-22 on 4.56 acres; and adopt the Resolution for Preliminary Plat of 4.56 acres into 4 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case asked if storm water drainage had already been taken care of for this project from some other development around it.Dietz said this particular project has a nurp pond at the intersection of Brookview and Hennepin Town Road. Motion carried 5-0. D. MICRO-EAR TECHNOLOGY by Gavic Construction Corporation. Request for Planned Unit Development Concept Amendment on 35.55 acres,Planned Unit Development District Review on 35.55 acres, Zoning District Amendment within the I-5 and I-2 Zoning Districts on 35.55 acres, and Site Plan Review on 11.21 acres. Location: 6426 Flying Cloud Drive. (Resolution No. 2004-32 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal said official notice of this public hearing was published in the February 5, 2004,Eden Prairie Sun Current, and sent to 67 property owners. He said this project is for a 30,280-square foot building addition and a reconfigured parking lot. The Community Planning Board voted 7-0 to recommend approval of the project at its January 26, 2004 meeting, including a front yard parking setback waiver from 75 feet to 50 feet for 15 existing parking stalls along Flying Cloud Drive. Neal said Starkey Laboratories owns three separate buildings on separate lots. The most northerly building will involve a demolition of a 22,580-square foot building to be replaced by a new addition of 30,280 square feet. The waiver may have merit considering the total green space on the lot and the placement of existing conifer trees that screen the parking. A Travel Demand Management Plan has been developed for this project. No public comments were offered. MOTION: Young moved, seconded by Case, close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 35.55 acres; and approve 1St Reading of the Ordinance for Planned Unit Development District Review with waivers on 35.55 acres and Zoning District Amendment within the I-5 and I-2 Zoning Districts on 35.55 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES February 17,2004 Page 7 E. LAMETTRY TIRE SHOP by Richard LaMettry. Request for Planned Unit Development Concept Review on 1.22 acres,Planned Unit Development District Review with waivers on 1.22 acres, Zoning District Change from Rural to Commercial Regional Service on 1.22 acres, and Site Plan Review on 1.22 acres. Location: East of Plaza Drive,west of I-494. (Resolution No. 2004-33 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the February 5, 2004,Eden Prairie Sun Current, and sent to four property owners. He said this is for a 10,888 square foot tire shop. The Community Planning Board voted 7-0 to recommend approval of the project at its January 12, 2004 meeting. The plans have been revised according to the staff report recommendations. All trash generated at the site will be stored within the building. The plans show mechanical equipment screening. Two wetlands exist off-site and adjacent to the property. Waivers are requested from the required 25-foot wetland buffer and 15-foot structure setback to these wetlands as follows: 1. 20-foot wetland buffer and 0-foot structure setback for the easterly wetland. 2. 5-foot structure setback for the northerly wetland. These waivers may have merit since the lot size and configuration make it a difficult property to develop, and that most of the wetland area is within the base of the drainage swale for Highway 5. The buffer areas will be planted with native vegetation. Franzen noted this is a remnant piece of the Menard's parcel that was created in 1981. He said one of the reasons it sat for so long is because of the shape of the property and trying to find the right building that work with the requirements. He said appropriate buffer zones with plantings will be created adjacent to wetland areas. No public comments were offered. MOTION: Young moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 1.22 acres; and approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.22 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. F. BRYANT LAKE HEIGHTS for 7012 and 7014 Willow Creek Road. Request from James and Raynelle Perkins and Stephen Longman Builders, Inc. to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The Developer is requesting the following actions by the City: Amendment of Exhibit C,paragraph XIII of the Developer's Agreement,by deleting the requirement that all structures on Lot 1 and 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3,Block 1,Bryant Lake Heights. CITY COUNCIL MINUTES February 17,2004 Page 8 City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004,Eden Prairie Sun Current, and sent to 14 property owners. He said James and Raynelle Perkins, and Stephen Longman Builders, Inc.,want to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C;paragraph XIII of the Developer's Agreement by deleting the requirement that all structures on Lot 1 and Lot 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Neal said James and Raynelle Perkins have submitted a"Confession of Judgment"to guarantee the removal of the structure on Lot 3,Block 1, on or before September 30, 2004. An escrow of$15,000.00 dollars will be given to the City. Stephen Longman will be the contractor to remove the structure. He said there are two reasons why all developer agreements have the provision requiring all structures to be removed before a building permit is issued. One is the removal of structures. The second is that the responsibility for the removal of structures is placed on the owner/developer,not City staff. While the Confession of Judgment indicates a completion date and surety amount,there are no assurances that the owners will move out of the house and the contractor will complete the removal of all structures by September 30, 2004. If this happens, additional staff and City Attorney time will be required. The City will also have to get a court order in order to proceed with the removal of structures. Neal said there are three options: 1. the withdraw option with proponent's consent, 2. approval of the proposal, or 3. denial of the proposal and direct Staff to prepare findings supporting denial by the City Council.Neal said Staff recommends Option #3. Justin Johnson, attorney for James and Raynelle Perkins, stated he is here to answer questions. Steven Longman, the builder and owner of Lot 3, said he is here to make the proposal more interesting to the City. He said if necessary,his company would be willing to remove the structure on Lot 1 at no cost to the City. Stuart Nolan of 7020 Willow Creek Road, spoke on behalf of neighbors. He said building on Lot 1 could block access to one homeowner's house. He said the reason that Staff worded this agreement that way was so everything would happen together and it has been piecemeal and caused no end of problems. He said Longman and the homeowner could get a building permit if they simply do what they promised—take down the house, septic system and well. There were no further comments from the public. MOTION: Case moved, seconded by Butcher,to close the Public Hearing and direct Staff to prepare findings supporting denial by the City Council to be adopted at the March 9,2004 meeting. Case said it would be bad precedence to do anything other than denial on this. Butcher and Tyra-Lukens agreed. Young stated it is principally an issue of policy. Motion carried 5-0. CITY COUNCIL MINUTES February 17,2004 Page 9 IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Butcher,Mosman,Young and Tyra-Lukens voting 66aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said since the City took over the cemetery a number of years ago,what's best for the cemetery as a park and the people that visit there has not been addressed. He suggested a study group that would discuss all issues and provide input to the Council. He suggested the group provide guidelines for the cemetery. Mosman said she likes that this is open land that is more or less part of the parks system so she wants to treat it as such and not fence it off and treat it as something separate. Butcher said she likes the idea of a study group that provides the Council with options. Neal stated he will draft a study group charge for the cemetery. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Request from the Eden Prairie Baseball Association to Share Costs for Field Improvements Parks &Recreation Director Bob Lambert said the baseball association approached the City a couple years ago with a list of nearly$90,000 worth of improvements to fields.He said the association offered to fund 50 percent of the costs if the City would commit to a certain number per year. Lambert said last year,the City committed to $32,000 worth and the baseball association provided$16,000 of that cost. Lambert said it was agreed to do $27,000 worth of improvements from the list this year and the baseball association has agreed to fund$13,500 of that cost. CITY COUNCEL NIINUTES February 17,2004 Page 10 MOTION: Case moved, seconded by Mosman,to authorize improvements at seven City baseball fields at a cost share of 50% expenditure for the City; and 50% expenditure for the Eden Prairie Baseball Association as per the request dated January 12,2004. Motion carried 5-0. 2. 2004 Park Bond Referendum Council agreed to discuss this item following the Report of Public Works Director. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Methods to Address TH312/212 Underpass at Riley Creek Public Works Director Eugene Dietz said on January 20,2004, the City of Eden Prairie received a letter from the Bearpath Homeowners Association expressing concerns regarding the underpass that would accommodate a trail crossing under Highway 212. On January 28 the Director of Parks and Recreation meet with Joe Stoebner, a representative of the Homeowners Association, to discuss Homeowners Association issues relating to the trail and its proposed underpass. Alternative trail locations were discussed as were a number steps the City could take to address Homeowners concerns. At that meeting staff agreed to recommend the following: 1. The City will request MNDOT to consider the feasibility of providing a daylight break in the arch at the median. 2. The City would request MNDOT to provide video cameras at each end of the tunnel that would be monitored by MNDOT, similar to their other cameras on the highway system. 3. Request MNDOT to provide lighting within the tunnel. 4. Post Private Property/No Trespassing signs at the entry to Bearpath property line on both sides of the creek. (So people are not walking into Bearpath along the creek corridor.) 5. Commit to meet with residents along Bearpath trail when the trail adjacent to 212 is being designed to consider their concerns relating to the alignment of the trail and the landscaping needed to provide reasonable screening of the trail from their homes. 6. Provide a spur connection from the trail south to Bearpath Trail, if Bearpath Development Corporation is willing to provide a pedestrian access gate to gives it's residents easy access to the trail. Dietz said the items that deal with safety are being requested for consideration, and are not conditions of approval. He said there is a good faith estimate costs in this resolution of$1.136M that is subject to MnDOT's policies and guidelines for cooperative construction agreements. In addition, Staff asks that the project include the installation of the water main at Scenic Heights Road.Dietz said Rosow has identified changes to the resolution. CITY COUNCIL MINUTES February 17,2004 Page 11 Mosman said she would like to propose an additional consideration for further study on the pedestrian bridge. Dietz said this would not be a condition of approval,but a request for further consideration of feasibility. Dietz suggest this would be a new Item 3 on the resolution(page 135 of tonight's packet)that would read. "The City of Eden Prairie respectfully requests that, in lieu of Items 1 and 2, that MnDOT consider the feasibility of providing an overpass over TH 212 at the county line." Dietz said MnDOT is looking at the cost. He said additional headwalls would be needed in order to create an opening in the structure and that would provide natural lighting and slightly reduce the structure. Dietz said the way the breaks are constructed,there are fences around them and you cannot exit the tunnel at midpoint. He said there will be fencing in any freeway situation with controlled access with no pedestrians allowed. Dietz said the size of the structure is significant and would be very well lit. He said the cost of opening the median is not a significant factor,but drainage is probably more critical because all the water would go through some kind of a ponding system. Dietz said the last three items on the resolution are actually conditions of approval are: 1. No cost for the Arch/Bebo; 2. Putting in the additional screening berms; 3. Eliminate the reconfiguration of the park access road at County Road 4. Tyra-Lukens asked Mr. Chiglo how much lighting there would be in the 250- foot tunnel. Chiglo said there are lighting standards applied for pedestrian facilities,but estimating that is difficult. He said they will try to do lighting similar to that provided on bridges, but he cannot say exactly what it will be. He said maintenance in the structure would be documented in the cooperative agreement. Rosow recommended a rearrangement of the resolution so that 3 of the 11 "WHEREAS"clauses begin with"FURTHER RESOLVED THAT"rather than"WHEREAS."Those clauses are numbers 6, 8 and 9. He said this makes it a direction from Council rather than a mere recital. In addition, Councilmember Mosman's request will be incorporated into the resolution with a new Item 3, "The City of Eden Prairie respectfully requests that, in lieu of Items 1 and 2, that MnDOT consider the feasibility of providing an overpass over TH 212 at the county line."Numbers 3, 4 and 5 would therefore be renumbered 4, 5 and 6. MOTION: Butcher moved, seconded by Mosman,to approve the proposed commitments to trail design and trail security that would be the responsibility of the City, and direct staff to request the Minnesota Department of CITY COUNCIL rvMWTES February 17,2004 Page 12 Transportation to consider providing a break in the arch at the median and provide security cameras at both ends of the tunnel. Motion carried 5-0. 2. Proposed Layout For TH 212/Th312 Improvements From CSAH 4 to Existing TH 212 Near Carver Co. Road 147 (Resolution) Council discussed the following regarding this resolution. The Public Hearing for these improvements was held on January 20, 2004. The primary issues raised at the hearing regarding safety of the underpass at Riley Creek,noise mitigation and a subsequent comments from the Lake Park Townhouse Association are addressed in the resolution as follows: 1. Request that MnDOT consider creating an opening at the midpoint of the arch/bebo within the median of the roadway and that artificial lighting be installed. 2. Request that MnDOT consider installing video cameras that would be monitored by the Traffic Operations Center. 3. That MnDOT provide the arch/bebo structure to accommodate pedestrians, animal crossing and Riley Creek at no cost to the City of Eden Prairie. 4. That MnDOT provide additional screening berms at specific locations. 5. That MnDOT delete the reconstruction of the Miller Park access at Eden Prairie Road from the project. Within the next few months,MnDOT will prepare a Cooperative Construction Agreement for City approval. It is anticipated that all or most of the City's cost participation items (with the exception of requested water main improvements)will be eligible for State Aid funds. MOTION: Buther moved, seconded by Case, to adopt Resolution approving the proposed layout for the TH212/TH312 improvements from CSAH 4 (Eden Prairie Road)to existing TH212 near Carver County Road 147 with the changes as recommended by the City Attorney and Councilmember Mosman's request regarding the feasibility of an overpass. Motion carried 5-0. XIV.C.2. 2004 Park Bond Referendum The total amount of the two questions posed is $24.21 million,whereas the total amount of the single question is $21.50 million. Approximately$2.71 million of improvements to the Community Center must be listed in both of the single questions in case one of those questions failed. The Parks,Recreation and Natural Resources Commission discussed this issue at length and voted unanimously on a 7-0 vote to recommend the City Council consider a single question bond referendum. They believe the multiple questions, and the need to request$2.71 million more than is necessary when asking two questions is confusing, and would be difficult to explain to all the voters. Furthermore, the Commission believes that all of the items listed on the referendum are necessary in order to continue the investment in the park and open space system that has helped this community retain its property values. CITY COUNCIL rMNNUTES February 17,2004 Page 13 Lambert said for over a year,various citizens committees have worked with staff to study the needs of the parks system. He said the Parks Commission reviewed the needs and made recommendations to the City Council for consideration. He said he provided a list of recommendations with two options as follows: Option 1 Move to: Authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11, 2004 with the following question: Shall the City of Eden Prairie issue and sell it's general obligation bonds in an amount not exceeding$21.50 million to provide funds for development of land and facilities for its program of public recreation? OR Option 2 Move to: Authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11,2004 posing the following two questions: 1. Shall the City of Eden Prairie issue and sell it's general obligation bonds in an amount not exceeding$11.96 million to provide funds for development of an outdoor swimming pool and the necessary Community Center and site improvements to accommodate that facility? And 2. Shall the City of Eden Prairie issue and sell it general obligation bonds in an amount not exceeding$12.25 million to provide funds for acquisition, development and improvement of land and facilities for a program ofpublic recreation? Lambert said the pool question requires improvements to the community center. He said the$24.21M does not include the $1 M for an additional rink. He said schematic plans were included for the community center with a pool depending on which question is approved. Lambert also described land acquisition possibilities. Tyra-Lukens asked Lambert what the average cost to a homeowner on the single issue question. Lambert said if the average home is $300,000, the average cost would be a little less than$6 per month. Mosman asked if the$1 M gets used up, how else would the City acquire land in the future. Lambert said there are Park Dedication Fees and a 6-year CIP has been approved for the use of that money. He said a lot of it would be used for matching funds. Lambert said adding the rink would add about 50 cents per month per household. He said the following facts should be considered regarding the rink: 1. Hockey and figure skaters pay 100 percent of the cost of their facilities. 2. They are the only group that must leave town to find practice time at facilities. 3. Eden Prairie is the only hockey association of that size in the state that does not have 3 rinks. The only group of the same size has 4 rinks and Eden Prairie has 2. CITY COUNCIL MINUTES February 17,2004 Page 14 4. The hockey and figure skating groups would be paying two-thirds of the $1M cost. He said this would be done by applying for revenue bonds. He said if residents see that this group is paying for so much of the cost of the facility, there would not be negativity about the issue. He said users of the facilities will pay more than the taxpayers. Young asked how much money the hockey association has at this time. Lambert said they have about$150,000 in the bank and they have been raising it for the past 2 years. Lambert said revenue bonds or general fund bonds would not be sold if the hockey association did not hold up their end of the bargain. Case said the last two times referendums were held were 1994 and 1992. He said the Council's job is to maintain the quality of life in the city for the betterment of its people. He said of the same size hockey associations in the state,none of them have only 2 rinks. Case added that users of the rinks are the only ones who pay 100 percent of the operation costs. He said he believes there should be money for an additional rink in the referendum. Butcher agreed to include the additional$1 M for a hockey rink. She said it's been the Council's policy to help support in the ways it can many of the other athletic endeavors and this one has a large number of users. Mosman said she can't imagine leaving out the hockey rink, the water park or Miller Park improvements because they serve a significant number of people and the Council does not often hold a referendum. Young said he feels it may be time for a third sheet of ice and he likes the idea of making the expectation known to the hockey association that we are expecting a$1 M check. He said his only reservation about the third sheet is how it rated in the survey. Lambert said timing for this referendum is important because of construction timing and planning. He said if there is a `yes' vote in May, the city would be able to meet the construction season for opening by June 1, 2006. He said if the vote is held in November, an entire season would be missed and we would have to wait another year. Lambert said the reason for including another baseball field is if approved in May, the relocation of the baseball field would be completed by fall of this year without missing a baseball season. He said a six-month time period saves a year in construction time. He noted that May 11 is on a Tuesday. Neal said the$3M project basically has three financial components: 1. One-third donation from the hockey association. 2. Revenue bond action by the Councl based on revenue stream from the sale of ice and other revenues from the rink. 3. The additional$1 M being considered. CITY COUNCII,AUNUTES February 17,2004 Page 15 Neal said there are a number of safeguards built in so the Council can assure that the hockey association puts in its 1/3 if the referendum passes. Young said he is sensitive to the election timing issue. He said turnout will probably be lower in May than November. However,he said the issue of timing is resolved by Lambert's comments about construction timing. He said he favors a May 11 date. Butcher said communication of the information will be important to the success of the referendum. Case said he favors Option 1. Rosow said he has been in discussions with City staff and bond counsel on phrasing of the question and it's not necessary tonight to determine phrasing of the question. He said if Option 1 is adopted, strike all wording after May 11, 2004 and say"with one question." MOTION: Case moved, seconded by Mosman, to authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11, 2004 with one question. Case noted the birthday of Eden Prairie lands on May 11. Tyra-Lukens said much emotional and mental energy has gone into putting together this referendum with a lot of hard work from the Parks &Recreation Department as well as task forces. She said those involved must go forth courageously and support it because it has been determined that the community wants to vote on the issues. Motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:54 p.m.