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City Council - 05/23/1995 APPROVED MINUTES EDEN PRAIRIE CITY coUNCIL TUESDAY, MAY 239 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL MIIViBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfmnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Judie Amistant City Manager Chris Enger Director of Parks, Recreation &Natural Resources Bob Lambert Director of Public Works Gene Dietz City Attorney Roger Pauly Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL Mayor Hams called the meeting to order at 7:30 p.m. AWARD SALE OF$1,685,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIFS 1995A (Resolution 95-99) AWARD SALE OF $3,275,000 GENERAL OBLIGATION D PROVEI ENT REFUNDING BONDS, SERIFS 1995B (Resolution 95-100) David MacGillivray, from the City's financial advisor, Springsted, Inc. reported on bids for the above General Obligation Bonds. Proceeds would go to refinance both building and improvement refunding bonds. General Obligation Building Bonds originally issued at 6.78% were bid to be refinanced by Kemper Securities at 5.137%. General Obligation Improvement Refunding Bonds issued at 7.01% were bid to be refinanced by Kemper Securities at 4.78%. Refinancing would result in a future interest cost reduction of approximately $360,000. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt Resolution No. 95-99 and Resolution No. 95-100 to approve the bond refinancing of$1,685,000 and $3,275,000, respectively, through Kemper Securities, Inc. Motion carried unanimously. L APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item M.A.1., Update on Meeting With Met Council administrator. Hams added items M.A.2., 1994 Tree City Award, and M.A.3., Speed Limit Issues on Highway 101. 7ullie added item M.D.1., Affordable Housing Sites. Pauly CITY COUNCIL MINUTES May 23, 1995 Page 2 noted two items needing Council attention: item N.F. revisions to agreement under consideration, and item VI.G. addition of agreement with owner of building to cooperate with City for removal of building and specially assessed costs of$6,200 against the property - contracts should be approved subject to receipt of consent from mortgagee of the property. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM No one addressed the Council. III. MINUTES A. CITY COUNCIL DATING HELD TUESDAY, MAY 9, 1995 MOTION: Thorfimnson moved, seconded by Pidcock, to approve the minutes as published of the City Council meeting held Tuesday, May 9, 1995. Motion carried unanimously. W. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE NO. 18-95 AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 C. AUTHORIZE ARCHITECT SELECTION PROCESS FOR PUBLIC WORKS/PARKS DEPARTNUE NT MAINTENANCE FACII.ITY Mayor Harris asked Nancy Tyra-Lukens if she would be willing to represent the Council. Tyra-Lukens accepted. D. REQUEST TO TRANSFER FUNDS FOR PURCHASE OF TURF AERATION EQUIPMENT E. APPROVE THE AMENDMENT FOR C. H.ROBINSON LEASE F. APPROVE CONTRACT FOR SISINNI FOOD SERVICES CITY COUNCIL MINUTES May 23, 1995 Page 3 G. APPROVE AGREEMIIVT FOR DEMOLITION OF HAZARDOUS BUIIDDING AT 8560 FRANLO ROAD The agreement was amended to state that owner of building would cooperate with the City for removal of buildings, and that the costs of$6,200 would be specially assessed against the property. Contracts will be approved subject to receipt of consent from the mortgagee of the property. H. RESOLUTION NO. 95-101 AWARDING CONTRACT FOR EDEN PRAIRIE MARKETCENTER URBAN DESIGN JMMOVEIVIENPiS I. RESOLUTION NO. 95-102 APPROVING FINAL PLAT OF VILLAGE KNOLLS 3RD ADDITION (located east of Homeward Hills Road on the extension of Gristmill Ridge) J. RESOLUTION NO. 95-103 APPROVING FINAL PLAT OF EDENVALE 23RD ADDITION Qocated south of Valley View Road and west of Eanitable Drive) K. RESOLUTION NO. 95-104 APPROVING SYSTEM AGRMMIENT FOR MnDOT'S TE WORARY SIGNAL SYSTEM AT PRAIRIE CENTER DRIVE AND TECHNOLOGY DRIVE. I.C. 93-5306 MOTION: Moved by Pidcock, seconded by Case, to approve items A-K with amendments on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/DEETINGS A. BOSTON MARKET by Northstar Restaurants. Request for PUD Concept Review on 14 acres, Request for PUD District Review on 0.8 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 0.8 acres, Site Plan Review on 0.8 acres and Preliminary Plat of 7.1 acres in two lots. Location: Tower Square Shopping Center south of McDonald's. (Resolution No. 95-105 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 95- 106 for Preliminary Plat) Vincent Driessen, representing Boston Market, commented that his company was in concurrence with the recommendations of the Staff Report. CITY COUNCIL MINUTES May 23, 1995 Page 4 Peter Hilger, of Portfolio Design, reviewed the site proposal. The brick building is just under 3000 square feet and will have a red glazed block band that will go around the building representing the trademark and theme for Boston Market. The site will contain 42 parking stalls and a drive-up window. Enger pointed out that this is the last vacant parcel of the Tower Square development located in the northeast corner of Highway 169 and Prairie Center Drive. Project is consistent with all City Ordinances. Planning Commission made a unanimous recommendation for approval at the April 24th meeting based on the Staff recommendation of Apri121st. Plan was not reviewed by the Parks, Recreation & Natural Resources Commission. MOTION: Moved by Tyra-Lukens, seconded by Thorfinnson, to close the public hearing, adopt Resolution No. 95-105 for PUD Concept Review on 14 acres, approve the 1st Reading of an Ordinance for PUD District Review and Zoning District Amendment on .8 acres, adopt Resolution No. 95-106 for Preliminary Plat approval, and direct staff to prepare a development agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens, and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VM. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM RESIDENTS OF SUNSHINE DRIVE AND MOONLIGHT DRIVE Gary Diamond addressed Council regarding the neighborhood concern of the tax-forfeited parcel of land by Edenvale Boulevard and Woodland Drive. The neighborhood group was hopeful that the Council would concur with its recommendation regarding this property. Dean Ravel spoke before the Council stating that his family left an over- crowded and overdeveloped area for wetlands and nature in Eden Prairie. CITY COUNCIL AIU4UTES May 23, 1995 Page 5 What attracted his family to Eden Prairie was quickly disappearing. He noted Eden Prairie residents put their money where their heart was to save the land when they approved the referendum to purchase the Sugar Maple and Basswood Forest with 400+ year old trees. He believed that the City's decisions should not all be made on a purely financial scale. This 8.7-acre parcel is enjoyed by residents, motorists, and wildlife. Any development of this area would have negative impact on the existing and future of this wildlife habitat. He quoted from a newspaper article about the views of 6th graders about our community, and stated that much could be gained from looking at the environment from a youth's eyes. Mike Enright shared that he and his family had moved into the area one year ago. A neighbor told him that 15 years ago he and his children used to pull strings of smallmouth bass from the pond. When homes bordering the pond were purchased, buyers were told that this was DNR protected wetland and would not be developed. He related that it was puzzling for the neighborhood to understand the determination on the part of the City Staff to develop this wildlife habitat in order to reap what appears to be a very minimal financial return. Tom Dixon also spoke on behalf of the Sunshine neighborhood. His family moved to Eden Prairie from LA where land is a short commodity. They requested the Council place more emphasis on quality of life issues over the small possible tax revenue. They feared the future of this parcel was being decided only by the City's bottom line. He related what he understood to be the process of disposing of tax-forfeit properties. Gary Diamond requested Council to consider passing a Resolution relating to this tax-forfeited land. City Manager 7ullie commented that the Eden Prairie Council and Staff are committed to preserving open space. What staff is responding to is the fiduciary responsibility it has to the community to try to recover assessments against this parcel. The wetland boundaries on this parcel of land are now being determined, and the DNR and Watershed District are involved in this process. He asked if residents at the neighborhood meeting were still interested in sharing some of the cost of this parcel. Case requested if Mr. Pauly could report back to Council on the legal ramifications of this proposal for further Council consideration. Dietz informed Council that the DNR work is completed and the Watershed District work remains to be done. Work should be completed in 1-2 weeks. CITY COUNCIL AENUTES May 23, 1995 Page 6 Pidcock inquired as to how many homes were adjacent to this area (45 homes are in development with 20 homes backing up to parcel) and if homeowners were willing to consider an assessment on their home of approximately $1777? Mr. Diamond said that the neighborhood would be happy to consider this for the next meeting. However, at a previous meeting it was suggested that the neighborhood purchase the parcel for $120,000 and pay it off over a 20-year period. Thorfinnson raised the question, putting dollar amounts aside, if there would be consideration among the neighborhood to purchase this parcel? The response was that at this time they would like to see the property taken by the City as tax-forfeited land. Purchase of the property by the neighborhood is far down the list of options. Mayor Harris stated that she wanted to remove any impressions that the City Staff had acted in a retaliatory manner. To the contrary, Eden Prairie believes in partnerships with its residents and has bent over backwards to preserve areas of open space. This issue will return to the agenda when the information is ready, and the residents will be made aware of the time and date. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMAHrTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCIL MEMBERS A.1. UPDATE ON MEETING WITH MET COUNCIL Pidcock reported that she met with the Regional Administrator of the Met Council today. The goal was to make clear that they were there amicably to understand clearly Met Council's role and responsibilities, as well as SW Metro's responsibilities. $1,200,000 is owed to Southwest Metro. A commitment was made that a portion of the money would be sent. One of Met Council's contentions was that SW Metro has hired a lobbyist. SW Metro pointed out that the Met Council had four lobbyists this session. A better understanding of each other's responsibilities was acknowledged at the close of the meeting. CITY COUNCIL AIRWTES May 23, 1995 Page 7 A.2. 1994 TREE CITY AWARD Mayor Harris acknowledged and congratulated the City of Eden Prairie on being the recipient of the 1994 Tree City USA award. Mr. Case was asked to give a verbal update on the Tree Preservation Task Force. Case reported that the task force had met three times and was looking at ways to improve the Ordinance. Reviewing the Ordinance both from an environmental standpoint as well as the developers' perspective, the task force was studying tree replacement formulas, looking at adjusting the significant tree definition, saving tree mass, as well as incorporating new species. The task force hopes to complete its work in the next 2-3 weeks and then will provide a written report. A.3. SPEED LEWr ISSUES Mayor Harris requested City Manager 7ullie to check into what we might do to check the traffic speeds on Highway 101. The issue concerned bike riders, pedestrians, and high speed cars. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 7ullie distributed a preliminary plan for an affordable housing development on County Road 1 and County Road 4. Parcel was previously approved for a single-family detached subdivision. Housing value would be $120,000- 140,000, which the City Council and Planning Commission have noted as missing in the market right now. Case commented that in serving on the Senior Task Force, it has come to his attention that many retired residents are having to leave the community because of lack of single-story affordable housing. He liked the concept very much. Pidcock questioned whether $120,000-140,000 was really affordable housing. She would like to see it lower than that amount. Thorfinnson also commented on our definition of affordable housing. Councilmembers were to contact Enger within the week to share their observations and concerns. CITY COUNCIL MINUTES May 23, 1995 Page 8 E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt, preliminary review of development & land alteration plans (Continued from April 18, 1995) David Sellergren, attorney for Midwest Asphalt Corporation, stated that there are still several issues of disagreement between the City of Eden Prairie and his client. Mr. Sellergren commented that Midwest Asphalt would like to remain a corporate citizen in this community. There is discomfort in a five-year permit without some provisions for renewal. Assuming that this issue can be addressed, it may not be necessary to address the zoning for the rural parcel. Pidcock disclosed that her daughter is at the same law firm as Mr. Sellergren. She wished that one item be changed. In consideration of the neighbors, operation should not be year-round Monday through Saturday from 7:00 a.m. - 7:00 p.m. It should be limited to 7:00 a.m. - 7:00 p.m. Monday through Friday and 9:00 a.m. - 5:00 p.m. on Saturdays. 7ullie suggested to the Council that the letter of May 18th form the basic elements for the permit. He said staff would talk with Midwest and return to the next Council meeting with a final determination. Case asked Mr. Pauly what authority the City had to limit what happens after 5 years? Mr. Pauly replied that the City does not have the right not to renew Midwest's permit without good reason. Change in character of surrounding area does not justify termination of permit. Noise regulations and operations, however, are other considerations. Tyra-Lukens asked if Midwest was currently working under a permit. The response was no, it was a grandfathered use. 7ullie said that Midwest, in exchange to operate on the unzoned parcel, would be bringing its site up to standards of any other business today. Also there would be no crushing permitted during summer months. MOTION: Case moved, seconded by Pidcock, to authorize further negotiation, with the letter dated May 18, 1995 as a basis for further discussion. Motion carried unanimously. CITY COUNCIL MINUTES May 23, 1995 Page 9 2. Resolution No. 95-107 Awarding Contract for Kimberly Lane Sanitary Sewer Reconstruction, I.C. 95-5373 MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution No. 95-107 to award bid for contract to Nodland Construction Co., I.C. 95-5373. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. AD70 Meeting adjourned at 8:50 p.m.