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City Council - 08/01/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 1995 7:30 PM, CITY CENTER - Council Chamber 8080 Mitchell Road COUNCIL 1 IEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, 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 PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. Councilmember Pidcock arrived at 7:40 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added )MA.1, National Night Out. Harris added XI.A.2, Evaluation of City Manager. Jullie added Items 3I.D.1, Flying Cloud Airport Mediation Process Update and M.E.2, Modification of Hidden Ponds Water Tank Maintenance Project. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 11, 1995 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, July 11, 1995, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 18, 1995 MOTION: Thorfinnson moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, July 18, 1995, as submitted. Motion carried unanimously. CITY COUNCIL MINUTES August 1, 1995 Page 2 C. COUNCIUSTAFF WORKSHOP HELD WEDNESDAY, TULY 19, 1995 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Minutes of the City Council/Staff Workshop held Wednesday, July 19, 1995, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. RESOLUTION NO. 95-138 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR CITY CENTER LIGHTING IMPROVEMENTS, I.C. 95-5390 B. WALNUT RIDGE 2nd Reading of Ordinance No. 95-138 for PUD District Review on 33.39 acres and Zoning District Change from Rural to R1-13.5 on 13.21 acres and Approval of a Developer's Agreement for Walnut Ridge by Residential Development, Inc. located at Riverview Road and Homeward Hills Road. (Ordinance No.23-95-PUD-10-95 for PUD District Review and Zoning District Change) C. BEARPATH CLUBHOUSE 2nd Reading of Ordinance No. 9-95-PUD-11-95 for Planned Unit Development District Review on 10.2 acres and Zoning District Amendment in the Rural Zoning District on 10.2 acres; Adoption of Resolution No. 95-139 for Site Plan Review on 10.2 acres and Approval of a Developer's Agreement for Bearpath Clubhouse by Bearpath Limited Partnership located at 18100 Bearpath Trail. (Ordinance No. 9-95-PUD-11-95 for PUD District Review and Zoning District Amendment and Resolution No. 95-139 for Site Plan Review) D. GOLDEN TRIANGLE BUSINESS CENTER 2nd Reading of Ordinance No. 16-95-PUD-8-95 for PUD District Review on 26.81 acres and Zoning District Change from Rural to I-2 Park on 26.81 acres, Adoption of Resolution No. 95- 140 for Site Plan Review and Approval of a Developer's Agreement for Golden Triangle Business Center by CSM Investors located at 76th Street West. (Ordinance No. 16-95-PUD-8-95 for PUD District Review and Zoning District Change and Resolution No. 95-140 for Site Plan Review) E. MAIL HANDLING SERVICES, INC. Adopt Resolution No. 95-141 for Site Plan Review on 9.66 acres by CS &M Company located at 7550 Corporate Way. (Resolution No. 95-141 for Site Plan Review) F. AGREEMENTS FOR THE 1995 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Resolution No. 95-142) G. RESOLUTION NO. 95-143 APPROVING FINAL PLAT OF BEARPATH 5TH ADDITION CITY COUNCIL MINUTES August 1, 1995 Page 3 H. RESOLUTION NO. 95-144 APPROVING LOT LINE REARRANGEMENT AS A SIMPLE SUBDIVISION WITHIN LAKE EDENVIEW TOWNHOMES(located west of Franlo Road and north of Eden Lake) I. RESOLUTION NO. 95-145 APPROVING FINAL PLAT OF GOLDEN TRIANGLE BUSINESS CENTER (located at the southwest quadrant of West 76th Street and Washington Avenue) J. APPROVE SUPPLEMENTAL AGREEMENT NO.3 FOR DELL ROAD(TH 5 to Twilight Trail) K. RESOLUTION NO. 95-146 FOR SALE OF R.A.L.F. PARCEL (Outlot B. Red Rock Shores) to MnDOT for TH 212, I.C. 51-348 L. PROCLAMATION FOR WELCOME WAGON WEEK Motion: Tyra-Lukens moved, seconded by Thorfmnson, to approve Items A-L on the Consent Calendar as published. Motion carried unanimously. V. PUBLIC BEARINGS/MEETINGS A. FUDDRUCKERS. INC. & RIO BRAVO CANTINA by Fuddruckers, Inc. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review on 4.02 acres, Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Site Plan Review on 4.02 acres and Preliminary Plat of 8.53 acres into 2 lots, one outlot and road right-of-way. Location: U.S. Highway #169 and Technology Drive. (Resolution No. 95-147 for Comprehensive Guide PIan Change,Resolution No. 95-148 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution No. 95-149 for Preliminary Plat) Mr. Darren Lazan, representing the developers, requested the Council to approve the project and grant them the signage they requested and also grant them an early grading permit. Enger stated that the Planning Commission recommended that the Plan for Rio Bravo Cantina and Fuddruckers, Inc. be approved subject to the stipulations listed in the July 21, 1995 staff report. He noted that variances had previously been granted on this property which would allow for reasonable development to occur. He noted that the variances requested by this applicant were less than those originally granted for the property. He stated that staff recommended the Council grant the applicant an early grading permit. Lambert stated that the Parks Commission had reviewed the project and recommended approval subject to the stipulations listed in the staff report. Tyra- CITY COUNCIL AU NUTES August 1, 1995 Page 4 Lukens inquired how the project fit in with the overall plan for the City shopping center area to the south. Enger responded that this could be connected. Tyra- Lukens inquired about the signage plans and if plans were available. Enger replied that the applicants had requested what was classified as a "rooftop" sign, which was not allowed in the City of Eden Prairie. Staff recommended that the City Council approve the project as requested without the sign and the developer can process the request for signage later. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. MOTION: Pidcock moved, seconded by Thorfinnson as follows: 1) Close the Public Hearing; 2) Adopt Resolution No. 95-147 approving Comprehensive Guide Plan Change; 3) Adopt Resolution No. 95-148 for PUD Concept Review; 4) Approve 1st Reading of an Ordinance for PUD District Review and Zoning District Change; 5) Adopt Resolution No. 95-149 approving the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to grant the developer an early grading permit subject to the developer proceeding at his own risk. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Thorfmnson, "Tyra-Lukens, Pidcock, and Harris voting aye". CITY COUNCIL MINUTES August 1, 1995 Page 5 VIL ORDINANCES AND RESOLUTIONS VM. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FROM RESIDENTS OF THE EDENVALE SUBDIVISION FOR COUNCIL TO OVERTURN DECISION ON FOREST HILL ROAD EXTENSION Jullie noted that this item was placed on the agenda at the request of the residents of the Edenvale Subdivision, who intended to submit a petition in support of their request not to extend Forest Hill Road. Steve Steele, 13985 Forest Hill Road, stated that many of the neighbors were present at the meeting in support of the request for the Council to allow Forest Hill Road to be a cul-de-sac. Marcia Kershaw, 14030 Forest Hill Road, stated that there are 17 homes on Forest Hill Road, with nineteen children living there between the ages of two and eighteen. She stated that five children are under the age of six. Many children play in the street, as there has been very little traffic on Forest Hill Road, and it has been safe. However, there are a number of steep driveways in the neighborhood, and in winter the cars slide down into the street so more traffic on Forest Hill Road would be a danger to everyone. If the roadway is connected, it will create another steep driveway at the end of Forest Hill Road. She requested the Council to keep Forest Hill Road as a cul-de-sac. Steve Steele described the traffic volume and believed the City should seek to provide another outlet for the Forest Hills area instead of making the connection. After talking to the residents in the area, he believed that the driving patterns of the residents would not change significantly, regarding the routes they presently take. He noted that Kingston would be open in the same way as it is today, and would be used by the residents in the Edenvale area but that would create some traffic hazards and safety issues are more of a concern. Mike Coash, 13980 Forest Hills Road, stated that the dead end had existed for the past 24 years and there have not been problems because the area is developed. He noted that the road serves the development but with the connection it will bring their neighborhood into connection with other homes and traffic. He was also concerned about the impact the connection could have on decreasing the property values in the neighborhood He noted that many children play in the street and if the road is connected it will be impossible for that to continue. He stated that many people in the neighborhood had purchased homes because it was a quiet neighborhood on a cul-de-sac, and homes had been marketed that way by realtors. He requested the Council to reconsider their decision. CITY COUNCIL AI NUTES August 1, 1995 Page 6 John Mallo, 14000 Forest Hill Road, thanked City Staff for their help and assistance in the process. He submitted a petition to the City Council requesting that Forest Hill Road remain as a cul-de-sac because the residents of this neighborhood believe the connection would only add traffic and the new development should exit directly onto Baker Road. He commented that they had attempted to contact as many residents in the area as was possible, and in areas directly connected to Edenvale or in close proximity to Forest Hills. They obtained approximately 98% support from those residents. He stated he believed that the gain to the community was not in proportion to the problems the connection would cause the residents. With no further presentation coming from the petitioners, Harris turned the discussion to the Council. Case believed that the residents needed to understand that the Forest Hills 8th Addition roadway connection could not be made until the City obtained the right- of-way to make that connection. He noted that many of the roadways in the city need to be connected to avoid a gridlock situation and provide for improved traffic patterns in the City. He believed neighborhoods needed to be involved in the process of development from beginning to completion, and should not always expect the outcome of City decisions to go their way. He wanted Staff to be directed to develop a list of criteria for demonstrating the need for roadways to be connected throughout the City. Tyra-Lukens commended the neighbors for their presentation. She particularly liked their idea to clarify which roadways were intended to be connected, and noted that the connection was proposed to enhance emergency vehicle access, and not just provide for neighborhood traffic. She noted she was also concerned about how property was advertised as being on a cul-de-sac when in fact it was not intended to remain that way. Her major concern was the safety issues which had been raised by the residents. She believed the road could be left as a dead- end for the present, but the City should reserve the right to connect the road if it was deemed necessary in the future. Pidcock commented that she was very concerned about the safety issues involved with the steep driveways, and noted she had requested that signs be placed on streets which were intended to become through streets in the future, although that had not been done. She believed this situation was somewhat unique because it has been a dead-end for over 25 years, and she thought it could remain as a dead- end without adversely impacting the City. Thorfinnson stated he supported the motion as the roadway could be put through at some point in the future. He strongly advocated evaluating other proposed through-streets within the City and determining which were to be connected. He CITY COUNCIL MINUTES August 1, 1995 Page 7 supported putting signs up to inform residents that those streets were proposed to be connected to other roadways in the future. He requested staff to provide Council with that information as soon as possible. MOTION: Case moved, seconded by Tyra-Lukens, that the Staff be instructed to work with Mr. Dietrich, Mr. Gjersvik, and any other affected land owners, to develop a cul-de-sac configuration which brings Forest Hill Road down to the lot line of the subdivision, preserves the right-of-way to Candace Road, and constructs a bike trail connecting Forest Hill Road and Candace Road along the right-of-way. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMiV =ES A. SENIOR ISSUES TASK FORCE - Presentation of First Quarterly Report 7ullie introduced Bette Anderson, Chair of the Senior Issues Task Force. Ms. Anderson introduced Dick Brown, Melissa Beckman, and Marvin Cofer, who were also present. Marvin Cofer stated they have an active group; they are enjoying the job and the proactive role the City is taking in anticipation of its changing demographics. They have a civic and personal interest in the group. Ms. Anderson presented the report. The Task Force studied the demographics for the community and the senior population has remained at about three percent and has kept up with the population growth, per the 1990 Census. She noted that this figure will only increase as time passes, and the population continues to age. The Task Force believed that lower-priced housing in Eden Prairie will be a part of encouraging people to move in. Seniors are not a homogenous group now, and will probably never be. She noted there appears to be great variety and range in the types of people who fall into this category. Some of the issues which concern seniors in Eden Prairie are housing options, health and medical issues, transportation, and quality of life. She commented the group has identified a strategic issue--whether the community wished to be attracting a senior population. She believed that with data from the community survey and focus groups, the Task Force could deal with issues that were believed to be the most important. Harris commented she was most impressed by the work the Senior Issues Task Force has done. She was aware that the senior population has grown in Eden Prairie, and will continue to grow because residents want to continue to live here. She believed the City should take these options and issues under consideration. Case concurred with Hams, and commended Bette Anderson and the Task Force on the excellent job they have done. Pidcock concurred and echoed the commendation. CITY COUNCIL MINUTES August 1, 1995 Page S X. APPOINTMENTS Harris commented she wished to appoint Councilmembers Tyra-Lukens and Thorfinnson to research salaries of other city managers with comparable job responsibilities and develop criteria for performance evaluations. She clarified that this task was only for the purpose of gathering information. She wanted them to review the design and come up with a new evaluation criteria by September 1, 1995. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Tyra-Lukens requested staff consider the date of National Night Out when preparing the schedule for Council meetings next year so that Councilmembers did not have a conflict and were able to fully support National Night Out within the City. Pidcock presented Mayor Harris a picture of Mayor Harris and Minneapolis Mayor Sharon Sayles Belton taken together at the Southwest Metro Job Fair. B. REPORT OF CITY MANAGER 1. 1994 Financial Reports Jullie introduced a representative of Fox, McCue & Company, who conducted the audit report for 1994. Mr. Bill McCue reviewed the report and highlighted general fund allocation and general fund expenditures for 1994. MOTION: Thorfinnson moved, seconded by Pidcock, to accept the 1994 Financial Report and to commend staff for its excellence. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Staring Arts Center Proposal (Continued from July 11, 1995) Jullie stated that staff and the Staring Arts Board toured the Senior Center to explore the feasibility of using that facility as an art center. After discussion, it was apparent that both groups were reluctant to co-use this facility, and the Arts Board members were particularly concerned about losing visibility, which they believed was critical to attract supporters and funding. After touring the vacant Police Building site on Mitchell Road, staff proposed that perhaps the Staring Arts Board would be able to utilize CITY COUNCIL MINUTES August 1, 1995 Page 9 this building for an interim (possibly two years) period until a suitable buyer can be found. The Staring Arts Board was most enthusiastic about this proposal. Staff explained that the Boyce house had many structural problems and it would be extremely expensive to refurbish and bring up to Code standards. Staff recommended that the Boyce Building be demolished as it is a drain on City funds and resources. Pidcock inquired if the Hennepin Technical College had been contacted about doing the work to remodel the Boyce house. Jullie responded that the house was in such bad shape and staff believed it had existed beyond its useful life. Harris commented that in a time when the City was trying to conserve resources the recommendation of staff was a viable option and should be considered by the City Council. It will take time to market the Police Building effectively, and she believed it was a suitable location for the Staring Arts Board for a two-year period. Case commented that he was concerned about what might happen to the Arts Board should the building be sold and they were forced to move suddenly, and he believed that the City should assist them in finding an alternative space to locate in the event this should happen. Tyra-Lukens inquired about the cost for the modifications to the Police Building, and Jullie responded that they would be minimal. The Arts Board will pay a commensurate share of the utilities, as the radio tower is still located at that building. Pidcock requested that staff approach Hennepin Technical College to do the remodeling needed, and determine if it could do the work less expensively. Kate Halvorson, 10210 County Road 18, stated that the Arts Board has raised $6,000 from private donations when matched by the Foundation, and it will have approximately $12,000 to work with. Pidcock inquired if some of these funds could be used to offset the cost of renovation, and Halvorson responded that they will be used for whatever is needed to establish the Arts Board. Harris noted that some of the money would be needed for operating costs for the first few years. MOTION: Thorfinnson moved, seconded by Pidcock, that staff be directed to prepare a two-year lease for the Staring Arts Board to use the vacant Police Building on Mitchell Road, and include a provision that in the event the facility is sold, work with the Arts Board to find them space at another location. Motion carried unanimously. MOTION: Thorfinnson moved, Tyra-Lukens seconded, that staff be directed to pursue demolition of the Boyce house, and abandonment of other facilities on the property. i CITY COUNCIL MINUTES August 1, 1995 Page 10 Pidcock requested that staff present information regarding this proposal; such options as including selling the house and having it removed from the property. Tyra-Lukens commented that this structure was costing the City money and she believed it should be demolished as soon as possible to avoid liability on the part of the City. Case was concerned about the safety issues involved, and also supported demolition of the property as soon as possible. Harris inquired about how possible it would be to sell the house, given its present state, and concurred with Tyra-Lukens and Case that to have the house vacant and the pool with water in it was a potential liability for the City and needed to be dealt with as soon as possible. Pidcock stated she opposed demolition of the house without first attempting to find a buyer. Thorfinnson, Tyra-Lukens, Case, and Harris voted "aye". Pidcock voted "no". Motion carried. Jullie commented that it would take staff a couple of weeks to find a contractor to demolish the building. Staff would also make inquiries to determine if it was possible to sell the house in its present condition. 2. Hockey Association of Eden Prairie (HAEP) Proposal for Indoor Rink/Shelter Building Director of Parks and Recreation Bob Lambert stated that the Hockey Association of Eden Prairie had requested that the City consider construction on an indoor rink/park shelter building at either Miller Park or Riley Lake Park. The Parks, Recreation and Natural Resources Commission did not believe such a facility was warranted at this time. Upon consideration of the available information, the Commission determined that in the long term, a third rink would be best located at the Community Center. The Commission thought that other outdoor rinks should be developed throughout the community. Staff recommended the addition of an outdoor rink at Miller Park. Bob Kershaw, a member of the Hockey Association of Eden Prairie, stated there was a desperate need for outdoor rinks. He noted that parking at the Community Center was at a premium, and Lambert commented that if the addition is constructed on the Senior High School the parking will also be expanded and accessible to the Community Center. Pidcock commented that the City could not continue to support the wish lists of select groups, and must be careful about spending money. Tyra-Lukens commented that girls hockey has now been added to boys hockey and the State High School League Association would be timing both tournaments to showcase the sport at the end of winter. Lambert commented that there are only a few facilities capable of hosting such CITY COUNCIL MINUTES August 1, 1995 Page 11 events, and the State Association should consider spreading out the events to maximize the efficiency and use of these facilities. Case inquired about long-term plans, and Lambert responded that the 5- Year Parks Capital Improvements Plan does not include a third rink. MOTION: Pidcock moved, seconded by Thorfinnson to accept the staff recommendation to construct an outdoor rink at Miller Park. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Flying Cloud Airport Mediation Process Update Enger stated that the Metropolitan Council deferred action on the Plan. It wanted to obtain additional information from a mediated forum between the City and the MAC. On August 21, 1995, the Metropolitan Airports Commission will consider the full report on all the issues raised and identified by Eden Prairie and the MAC. There is a section that gives conclusions regarding how to handle these concerns. The Metropolitan Council has not scheduled its consideration of the matter. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt (Continued from July 11, 1995) Enger reviewed the staff report and stated that of the four options which staff had proposed, the owner had rejected all but option 2, which would permit a 2:1 slope on the berm, require it to be landscaped with grass and vegetation, and prohibit crushing on Saturdays in May and September. Discussion ensued regarding whether a landscape bond would be submitted, and Enger affirmed that one would be provided for the approved landscape plan. Mr. Sandvick commented that this project had dragged out long enough, and he would like to see this resolved. MOTION: Pidcock moved, seconded by Thorfinnson, to direct staff to pursue Option #2 with the developer. Motion carried unanimously. 2. Modification of Hidden Ponds Water Tank Maintenance Project Director of Public Works Gene Dietz reviewed the work which has taken place to date, and noted that they have found the paint on the exterior of the tank contains chromium which is classified as a hazardous material. This condition was not known at the time the contract was awarded, and requiring completion of the work could result in litigation by the CITY COUNCIL MINUTES August 1, 1995 Page 12 contractor. Staff recommended that the agreement be modified to complete the interior tank painting portion of the project and to re- negotiate the remainder of the project at a later date. MOTION: Thorfinnson moved, seconded by Pidcock to approve modification of the contract and re-negotiate the remainder of the project at a later date. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:10 p.m.