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City Council - 04/18/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 18, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris,Ronald Case,Patricia Pidcock,Ross Thorfmnson,Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added items XI.B.1. Workshop Schedule Change, XI.D. 1. Update Report, and XI.E. 4. Resolution 95-76 Approving Plans and Specifications and Awarding Bids for First Phase of Sidewalk and Landscape Improvements in the Mai or Center Area, I.C. 95-5385 (Resolution 95-76). Harris added item XI.A.1. Request Staff to Present Effect of Proposed Property Tax Freeze. Tyra-Lukens added item XI.A.2. Edenvale PUD Signs. Thorfinnson added item XI.B.3. Follow-up on Reverse Commute Job Fair. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as presented and amended. Motion carried unanimously. II. OPEN PODIUM Bob Krocak, 7216 Sunshine Drive, and Gary Diamond, 7215 Sunshine Drive, expressed the concerns of several residents present about the property at Sunshine Drive, Edenvale Blvd. and Woodland Drive. The property is in tax forfeiture and will be auctioned on May 5th. The residents of the neighborhood asked the Council for help and advice on how to keep the property in its undeveloped state. City Council Minutes Tuesday, April 18, 1995 Page Two 7ullie said the parcel did come through the Parks Commission and Council review process last fall after it appeared on the list of tax forfeit parcels provided by the County. Because there is about $82,000 in special assessments due on the property, the Parks Commission recommended that we authorize it for public sale. There would be only a limited potential for anyone to develop the parcel because the majority of it is wetlands, and any development would have to come through the City's review process. At the request of Pidcock, Dietz reviewed the process that a buyer of the parcel would have to go through to develop the land. Krocak asked if financial assistance would be available from the City to help the residents purchase the property. 7ullie said they could look at what pools might be available. The Council consensus was to have representatives of the group meet with Staff to explore the options available. M.MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 4, 1995 Harris said the second paragraph on page 7 should be clarified as follows: Harris said she sees two issues: The placement is not in compliance with current City Code; and the question whether this is a convenience to citizens since some of the benches are not located at bus stops. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve as published and amended the minutes of the City Council meeting held Tuesday, April 4, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LOOSEN ADDITION 2nd Reading of Ordinance 15-95 for Zoning District Change from Rural to R1-13.5 and Approval of a Developer's Agreement for Loosen Addition by Michael and Patricia Loosen. Location: City West Parkway and Old Shady Oak Road. (Ordinance 15-95 for Zoning District Change) C. REQUEST FOR APPROVAL TO CHARGE VENDORS FEE FOR 4TH OF TULY CELEBRATION City Council Minutes Tuesday, April 18, 1995 Page Three D. AWARD BIDS FOR SITE FURNISHINGS AT MILLER PARK E. AWARD BIDS FOR BLEACHERS AT MILLER PARK F. RESOLUTION 95-68 APPROVING SALE OF LAND PURCHASED THROUGH THE RIGHT-OF-WAY ACQUISITION LOAN FUND TO MnDOT (parcel formerly owned by Ray Welter, S.W. corner of Technology Drive and Prairie Center Drive - Transit Hub site) Case requested that Item C be removed from the Consent Calendar and discussed as Item XI.C.1. MOTION: Thorfinnson moved, seconded by Case, to approve items A, B, and D-F on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUNNYBROOK ROAD STREET & UTILITY IMPROVEMENTS, I.C. 94- 5363 (Resolution) Dietz said the purpose of tonight's meeting is to decide whether the proposed installation of utility and street improvements for Sunnybrook Road should go forward. If the project is approved, the assessment hearing would most likely occur in October or November of this year. He said that, since the project was begun by motion of the City Council, it will require 4 of the 5 Council votes to proceed. Gray reviewed the details of the project, noting that the street improvements would connect Sunnybrook to Creekknoll Road. He reviewed the unit assessments proposed to pay the estimated project cost of$330,016. He said only the street assessment would be levied in the first year. Tyra-Lukens questioned what the effect of postponing the sidewalk would have on the assessed costs and who would pay at the time the sidewalk is put in. Gray said it would most likely be borne by the properties on the north side of the street and would cost about $200 per unit. Dick Johnson, 12640 Sunnybrook Road, questioned why the Council passed the motion to do the improvements, expressed concern about the use of Sunnybrook as a by-pass for Hwy. 169, and commented that the sidewalk will not be a benefit unless it is kept usable all year round. Jullie replied that, because of prior development proposals and continued interest in the purchase and development of the remaining parcels, Staff recommended that the improvements be completed as a unit as we don't allow development without the proper infrastructure. City Council Minutes Tuesday, April 18, 1995 Page Four Bob Wallace, 12465 Sunnybrook Road, expressed concern about the increased costs the existing property owners will incur as property taxes increase, hook-up charges are incurred, and utility taxes are imposed. He said he thought the project should be given more thought. Libby Hargrove, 12640 Sunnybrook Road, noted that her valuation for this year went up over 300% and that the assessor said her property is a "gold mine." She said her property cannot be developed and there are no utilities there at this time. She also expressed concern about the location of the sidewalk near her house, storm water draining from the west onto her lot, and the method of calculating the unit assessments. She said she thought the improvements should be done piecemeal. Tyra-Lukens questioned whether the sidewalk would have to be put in since there are other areas that do not have sidewalks. . Dietz said there is no code requirement; however, we have determined that it is good practice to put them on roads with some length to them in order to provide a separated walking space for pedestrians. Tyra-Lukens then questioned the location of the development that could occur from Long Meadow, and the possible effect of such development on the assessments for Sunnybrook Road residents. Gray said the two easterly properties are the ones that could develop off the Long Meadow development. Brian Post, 12381 Sunnybrook Road, said they would not need the whole project in order to complete the development of their property and offered to work on the street improvements with the developers of the properties on the north. Thorfinnson asked if it is feasible for Mr. Post to develop his property since the project was approved for only five lots, not the seven originally requested. Post said they are now looking at townhomes for the property. Bill Knoblau, who has a purchase agreement on the two properties to the north, said that he would get together with Mr. Post and work something out to develop part of the street. Gerard Wersal, 12645 Sunnybrook Road, expressed concern about the storm sewer interceptor going through his property and about comments made tonight about reassigning per unit assessments after the project has gone ahead. He said he would like to see the improvements done at cost rather than including engineering and administrative costs since there should be some participation by the City because of the ball fields that cause increased traffic. Dean Longsyo, 9448 Creekwood Drive, said he owns the double bungalow with an 80-foot frontage that has no potential for development. He said it is nonhomesteaded so there is no cap on the assessment. He was in favor of the entire project. City Council Agenda Tuesday, April 18, 1995 Page Five The consensus of the Council was that support for the entire project is unclear and the hearing should be continued to allow Staff to discuss alternatives with the potential developers and with the neighborhood. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the Hearing for Sunnybrook Road Street & Utility Improvements, I.C. 94-5363, to May 9, 1995. Motion carried unanimously. The Council addressed item V.E. next. E. SALE AND TRANSFER OF CABLE TELEVISION FRANCHISE TO TIME WARNER. INC. Jullie reviewed the proposed sale of the cable television franchise and said that state law requires a public hearing to determine what adverse effects may occur if the franchise is transferred. He said the Southwest Suburban Cable Commission has scheduled a special meeting for May 17, 1995, to review the ramifications of the proposed transfer of ownership. MOTION: Pidcock moved, seconded by Thorfinnson, to continue the Public Hearing to June 6, 1995; and to request the Southwest Suburban Cable Commission to study the effects of the transfer of ownership of the Cable franchise and recommend action to the City Council. Motion carried unanimously. B. GOLDEN TRIANGLE BUSINESS CENTER by CSM Investors. Request for Planned Unit Development Concept Review on 26.81 acres, Planned Unit Development District Review on 26.81 acres, Zoning District Change from Rural to I-2 Park on 26.81 acres, Preliminary Plat of 26.81 acres into one lot, and Site Plan Review on 26.81 acres. Location: 76th Street West. (Resolution 95-69 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to 1-2 Park and Resolution 95-70 for Preliminary Plat) Dave Carland, representing CSM Corporation, reviewed the project. Enger said the Planning Commission reviewed the project at the April 10, 1995, meeting and recommended approval, subject to the recommendations of the Staff Report of April 7th. Lambert said the Parks Commission reviewed the project on April 17th and recommended approval on a 7-0 vote, subject to the recommendations of the Planning Staff Report and the Manager of Parks and Natural Resources' Report of April 7, 1995, and with the additional recommendation that the developer agree to provide an easement over Outlot 2. There were no comments from the audience. City Council Agenda Tuesday, April 18, 1995 Page Six MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 95-69 for PUD Concept Review; to approve 1st Reading of Ordinance for PUD District Review and Zoning District Change from Rural to I-2 Park on 26.81 acres; to adopt Resolution 95-70 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the scenic and conservation easement recommended by the Parks Commission. Motion carried unanimously. C. PRAIRIE CYCLE AND SKI, INC. by Chanhassen Bike & Ski, Inc. Request for PUD District Amendment on 15.02 acres, PUD District Review on 1.07 acres, Zoning District Amendment in the N-Com Zoning District on 1.07 acres and Site Plan Review on 1.07 acres for the development of a 5,200 square foot retail building. Location: Anderson Lakes Center. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Amendment) Steve Phyle and Rick Carter, representing Prairie Cycle, reviewed the project. Enger said the Planning Commission reviewed the project at the March 27th meeting and recommended approval of the request for PUD District Amendment on a 6-1 vote and approval of the requests for PUD District Review, Zoning District Amendment and Site Plan Review on 5-2 votes, subject to the recommendations of the Staff Report of March 24, 1995, and with a recommendation that 100% face brick be used. He said it was not reviewed by the Parks Commission. Case questioned whether we would require 100% face brick if the addition was planned within three years. Enger said the Council has granted some requests for a short period of time with a bond for placing face brick on the addition side if the addition is not completed. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Amendment, PUD District Review and Zoning District Amendment, including Site Plan Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. CENTRAL MIDDLE SCHOOL ATHLETIC FACILITIES by Independent School District 272. Request for Site Plan Review on 60 acres. Location: Scenic Heights Road and School Road. (Resolution No. 95-71 for Site Plan Review) Bruce Chamberlain, representing the School District, reviewed the plans for grading and drainage of the athletic facilities at Central Middle School that have been relocated because of the construction of Hwy. 212. City Council Agenda Tuesday, April 18, 1995 Page Seven Enger said the Planning Commission reviewed the project at the March 27, 1995, meeting and recommended approval on a unanimous vote, per the recommendations of the Staff Report of March 24, 1995. Lambert said the Parks Commission recommended approval on a 5-0 vote at the April 3, 1995 meeting, subject to the recommendations of the Staff Report of March 24th. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution No. 95-71 Granting Site Plan Approval for the Central Middle School Athletic Facilities. Motion carried unanimously. F. VACATION 95-02, BEARPATH 3RD ADDITION, DRAINAGE AND UTILITY EASEMENT, LOTS 1 AND 2, BLOCK 2 (Resolution 95-72) 7ullie said the Bearpath Limited Partnership has requested vacation of all drainage and utility easements on these two lots in order to facilitate the adjustment of the common lot line. The two lots have been replatted and revised easements dedicated in a subsequent plat approved by the Council on February 1, 1995. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to adopt Resolution No. 95-72 Vacating the Drainage and Utility Easements on Lots 1 and 2, Block 2, Bearpath 3rd Addition. Motion carried unanhnously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." VIE. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. RESOLUTION NO. 95-73 AUTHORIZING THE PURCHASE OF REAL ESTATE BY SMTC COMMISSION FOR WETLAND MITIGATION FOR THE EDEN PRAIRIE TRANSIT HUB Enger said the transit hub project being developed by Southwest Metro Transit Commission at Prairie Center Drive and Hwy. 5 requires wetland replacement at a 2 - 1 ratio. Southwest Metro has done a study that finds the best option would be to purchase land in another city to accomplish the replacement. Enger said Staff concurs because they have not been able to identify any feasible alternative sites within Eden Prairie. City Council Agenda Tuesday, April 18, 1995 Page Eight Jim Lasher, LSA Design, reviewed the study done by Southwest Metro and the criteria developed for the selection of an alternative site. He said they are asking that the Council pass a resolution that would allow for the purchase of the designated parcel. Jullie noted that Councilmembers received a copy of an amended resolution that changes some of the verbiage but not the intent of the resolution. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 95- approving the purchase of real estate by the Southwest Metro Transit Commission for wetland mitigation for the Eden Prairie Transit Hub. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMAUrTEES X. APPOINTMENTS A. Environmental and Waste Management Commission - Appointment to fill an unexpired term to 2/28/97 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to nominate Richard Morgan., Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations and cast a unanimous ballot for Richard Morgan to fill the unexpired term to 2/28/95 on the Environmental and Waste Management Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Request Staff to Present Effect of Proposed Property Tax Freeze Harris said she would like to postpone discussion of this to a future meeting. 2. Edenvale PUD Signs Tyra-Lukens expressed concern that many of the Edenvale directional signs are very unsightly and there are signs promoting businesses as well as signs for businesses that do not exist. She thought Staff should review this situation in light of the sign ordinance. The consensus was to have Staff investigate and return with a report. City Council Agenda Tuesday, April 18, 1995 Page Nine 3. Follow-up on Reverse Commute Job Fair Thorfinnson asked about the Staff plans for this event. Enger said he has discussed this with Jullie, Lambert and Swaggert and they will participate to the extent they can. They plan to present the seasonal park jobs that will be available; however, it would be better if the event were held earlier in the year in terms of the summer jobs available. Pidcock said the hope of the Job Fair is to provide long term quality jobs with benefits. She asked if the summer jobs could become long term. Jullie said they will offer full time jobs to the extent they are available. B. REPORT OF CITY MANAGER 1. Workshop Schedule Change Jullie said he would like to reschedule the City budget projection workshop scheduled for Tuesday, April 25 as Staff is not quite ready to present the report in a comprehensive way. They would like to reschedule it after the May 20th session. Thorfinnson said May 20th is a problem for him. Harris suggested Staff poll the Councilmembers again to set the date. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Request for Approval to Charge Vendors Fee for 4th of July Celebration Lambert said the Parks Commission has recommended moving the vendors off to the parking lot for the event. He said electrical power has always been a problem at the event. Staff researched how other communities handle such events and learned that many of them bring in a contractor with a generator. The vendors are then required to purchase electricity from the contractor and will pay from $30 up to $150, depending on use. He said moving the vendors to the parking lot will facilitate clean-up and will cause less wear and tear on the turf. Case questioned how much the rental of the generator will be and how many of the booths use electricity. Lambert said it may run about$1,000 and eleven different vendors used electricity last year. Case and Tyra-Lukens expressed concern about charging the non-profit groups that participate in the event. Case suggested that we try it for a year and see the effect it has on participation by the non-profits. Tyra- Lukens asked that vendors from previous years be notified of the change as soon as possible and that they be provided with tips on minimizing energy costs. City Council Agenda Tuesday, April 18, 1995 Page Ten Thorfinnson said he thought renting electricity would actually save money for the Rotary as they had to bring in a generator in previous years. MOTION: Case moved, seconded by Thorfinnson, to approve the request to charge vendors a fee for the 4th of July celebration. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Update Report on MUSA Line Amendment Enger reviewed the status of our request to the Met Council for MUSA line amendment. He said the Met Council staff determined in February of this year that the information we provided was adequate and they then had 90 days to review. We received a draft staff report last Friday which found the amendment was consistent with the metro blueprint but the transportation information pointed up a couple of problems that would impact the systems. They would like to see an update to the transportation plan that would cost $50,000 to $100,000 and would take six months to one year to prepare. He said Staff recommends that we request a 60-day continuance to provide additional information and talk with the County and State to try to resolve this before they make it a contingency. The consensus was to have Mayor Harris write a letter requesting the continuance. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, preliminary review of development and Iand alteration plans (continued from March 21, 1995) Jullie said that, after meetings and phone conversations, there are three major items involved: construct a berm around the outside perimeter; comply with all noise ordinances; and refrain from all crushing operations during the summer months. We will put the requirements in writing and will get a response within 30 days. Thorfinnson expressed concern that Midwest will be able to continue their crushing operations in the meantime and warm weather is coming. Pidcock said she thought May 21st should be set as a deadline as part of the negotiations. Jullie said the crushing operations will continue until mid-July to put up the stockpiles that will form part of the berm. The berm will improve the noise problem and the appearance. City Council Agenda Tuesday, April 18, 1995 Page Eleven 2. Award Contract for 1995 Street Sealcoating, I.C. 95-5381 Resolution No. 95-74) Dietz said they are recommending ASTECH Corporation be awarded the contract. He said if the status of the$80,000 in frozen funds changes, the City has reserved the right with the contractor to increase the sealcoat area to use the available budget. MOTION: Pidcock moved, seconded by Case, to adopt Resolution No. 95-74 Awarding Contract for 1995 Street Sealcoating, I.C. 95-5381 to ASTECH Corporation. Motion carried unanimously. 3. Award Contract for Tree Loader, I.C. 95-5383 (Resolution No. 95-75) Dietz said they are recommending that the contract be awarded to Crysteel Truck Equipment. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 95-75 Awarding Contract for Tree Loader, I.C. 95-5383, to Crysteel Truck Equipment. Motion carried unanimously. 4. Resolution No.95-76 Approving Plans and Specifications and Awarding Bids for First Phase of Sidewalk and Landscape Improvements in the Major Center Area, I.C. 95-5385 (Resolution 95-76) MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution No. 95-76 approving plans and specifications and awarding bids for first phase of sidewalk and landscape improvements in the Major Center Area, I.C. 95-5385. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:35 p.m.