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City Council - 08/15/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 15, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCiT24EMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities 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 Item IV.L. AMENDMENT TO PURCHASE AGREEMENT BETWEEN CITY AND MEDIA PLAY EXTENDING THE CLOSING DATE. Item W.M. AMENDMENT TO JOINT POWERS AGREEMENT FOR WESTERN AREA FIRE TRAINING ASSOCIATION (WAFTA) and Item XI.B.1. Discussion of August 30th Scheduled Budget Workshop. Tyra-Lukens added Item XI.A.1. Discussion of Community Needs and Resources Council. Pidcock added Item XI.A.2. Southwest Metro. MOTION: Tyra-Lukens moved, seconded by Pideock, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,AUGUST 1. 1995 MOTION: Pidcock moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, August 1, 1995. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 1. 1995 Case said the last sentence of Paragraph 4 on Page 6 should be changed to read: CITY COUNCIL MINUTES August 15, 1995 Page 2 He directed Staff to develop a list of criteria for demonstrating the need for roadways to be connected throughout the City." In addition he asked that the motion on page 7 be changed to reflect his actual motion, as follows: MOTION: Case moved, seconded by Tyra-Lukens, that Staff 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, 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." MOTION: Pidcock moved, seconded by Case, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, August 1, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FOREST HILLS 8TH ADDITION 2nd Reading of Ordinance 27-95 for Rezoning from R1-22 to R1-13.5 on 9.1 acres and Approval of Developer's Agreement for Forest Hills 8th Addition by Taurus Properties (located west of Baker Road and south of Theresa Place) (Ordinance 27-95 for Rezoning from R1-22 to R1-13.5) C. GRANT OF ACCESS AND UTILITY EASEMENT TO WALLACE HILGREN D. R.A.L.F. APPLICATION AUTHORIZATION FOR BEARPATH RFMNANT (Resolution 95-150) E. APPROVE CHANGE ORDER NO.1 FOR ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD INTERSECTION IMPROVEMENTS, I.C. 94-5349 F. APPROVE CHANGE ORDER NO. 1 FOR GOLDEN RIDGE DRIVE/CITY WEST PARKWAY IMPROVEMENTS, I.C. 94-5360 G. APPROVE CHANGE ORDER NO. 2 FOR CITY WEST PARKWAY/GOLDEN RIDGE DRIVE IMPROVEMENTS, I.C. 94-5368 H. RESOLUTION 95-151 APPROVING FINAL PLAT FOR WALNUT RIDGE (LOCATED SOUTH OF THE INTERSECTION OF HOMEWARD HILLS ROAD AND RIVERVIEW ROAD) I. APPROVE LICENSE AGREEMENT FOR TRANSPORTATION PLAN SOFTWARE CITY COUNCIL MINUTES August 15, 1995 Page 3 J. STORM SEWER EASEMENT FROM ATHER_TON TOWNHOMES TO THE CITY OF EDEN PRAIRIE K. RESOLUTION 95-152 APPROVING PLANS AND SPECIFICATIONS FOR ATHERTON TOWNHOMES AND OLYMPIC HILLS DRAINAGE IMPROVEMENTS, Y.C. 93-5332 AND I.C. 95-5391 L. AMENDMENT TO PURCHASE AGREEMENT BETWEEN CITY AND MEDIA PLAY EXTENDING THE CLOSING DATE M. AMENDMENT TOJOINT POWERS AGREENVIENT FOR WESTERN AREA FIRE TRAINING ASSOCIATION (WAFTAI MOTION: Case moved, seconded by Thorfimnson to approve Items A-M on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. KINDERCARE by Kindercare. Request for Zoning District Amendment in the Neighborhood Commercial Zoning District and Site Plan Review on 2.75 acres. Location: Hwy. 169 and Anderson Lakes Parkway (Ordinance for Zoning District Amendment) John Dietrich, representing RLK Associates and Kindercare, reviewed the project and the changes in the plans done in response to the Planning Commission and Staff suggestions. He noted that the current plans are contingent upon MNDoT allowing fill onto their right of way. Pidcock questioned the safety of children using the facility because of the power lines in the area. Dietrich said they have taken readings off similar types of power lines and are comfortable with this location. Enger said the Planning Commission recommended approval on a 6-1 vote at their August 14th meeting. He noted that the project had been revised to meet all of the recommendations in the Staff Report of July 21, 1995, as well as recommendations made by the Planning Commission at their previous reviews of the project. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of an Ordinance for Zoning District Amendment; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. CITY COUNCIL MINUTES August 15, 1995 Page 4 Pidcock said she would like to add a recommendation that Kindercare make anyone using the facility aware of the power lines and the possibility of electro- magnetic emissions. City Attorney Pauly said there is nothing in the City Code that would address adding such a recommendation to the zoning process; therefore, it would depend on proponent agreeing to it. Dietrich said Kindercare would prefer not to have such a condition placed on the site plan approval. VOTE ON THE MOTION: Motion carried unanimously. B. REFUNDING OF $7,300,000 BONDS FOR OLYMPIC RIDGE HOUSING PROTECT (Resolution 95-155) Jullie said Staff recommends approval of this refunding transaction. There were no comments from the audience. MOTION: Case moved, seconded by Pidcock,to close the Public Hearing and to adopt Resolution 95-1553 authorizing the refunding of bonds for the Olympic Ridge Housing Project. Motion carried unanimously. C. VACATION 95-07:DRAINAGE AND UTILITY EASEMENTS IN PART OF HARTFORD PLACE 2ND ADDITION (OUTLOTS A &B) (Resolution 95- 153) Jullie said this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution 95-153 vacating the drainage and utility easements. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Case, 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." VH. ORDINANCES AND RESOLUTIONS VH1. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM STEPHEN AND K MBERLY NIOSI TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE#95- 23 CITY COUNCIL MINUTES August 15, 1995' Page 5 Jullie said Staff recommends that the appeal be considered at the September 5th Council meeting. MOTION: Pidcock moved, seconded by Case, to schedule review of the Board of Adjustments and Appeals decision for the September 5, 1995 City Council Meeting. Motion carried unanimously. B. PRESENTATION BY MnDOT REGARDING PROPOSED INTERIM IMPROVEMENTS TO THE I 494/TH 169 INTERCHANGE Ron Rauchle, MNDoT engineer and I-494 project manager, reviewed the plans for MNDoT's interim improvements to the I-494/TH 169 interchange. He said the interim improvements were designed to help accommodate the increased traffic flow expected when the new Minnesota River crossing and other improvements to County Road 18 are completed. Construction of the interim improvements is scheduled to begin in the summer of 1997. Harris questioned what will be developed as part of the project. Rauchle said they may begin construction next summer of the one temporary bridge that will be required in order to complete the rest of the construction in 1997. He noted that they have funding for the project and that they will maintain traffic in all directions during the construction. Case asked if they could use fly-over ramps in this structure. Rauchle said that, except for the bridge, all of the interim construction would have to be redone for the interchange proposed for the I-494 project. He said the frontage road connects to the ramps. Pidcock asked if they have talked with the businesses in the area and if they have determined whether the project will impact the Eden Prairie Shopping Center. Rauchle said it probably will not have an impact on the shopping center. He said they have made presentations to the City Staff of all of the cities involved; they have offered to make presentations to the public and to the City Councils; and there will be a public hearing for the project this fall or winter. Rauchle said the businesses will be impacted by the construction; however, the access will be maintained. Thorfinnson asked if they have information on current traffic counts and if they have estimated traffic counts once the bridge across the Minnesota River is completed. Rauchle said they expect the traffic to double to about 50,000 vehicles by the year 2015. Thorfinnson asked if they anticipate what will happen when the river bridge opens a year before this project is completed. Rauchle replied that not all traffic will be allowed across the bridge this fall and they are looking at speeding up this project as much as possible. Thorfinnson noted that the I-494 Corridor Commission could help communicate to the employers in the area. He said it is critical that the access points from the frontage roads be kept open. CITY COUNCIL AlMUTES August 15, 1995 Page 6 Pidcock asked if they have provided for a fast lane and if they have given consideration to dealing with the public transit system. Rauchle said they have not made the transit system aware; however, they are just beginning the public information process. He said the third lane on I-494 will be designated as a diamond lane. Tyra-Lukens asked if there will be diamond lanes in both directions. Rauchle said there will be; however, their research indicates that there will probably be a low usage of the diamond lane because many of the trips in this area are short ones. Pidcock asked if they have studied employment statistics in the area in view of the many businesses that are located near here. Rauchle said that has been taken into account as part of the larger I-494 project and the information will be incorporated into this project. Pidcock then asked the source of their statistics. Rauchle replied that the consultant they hired used figures from the Met Council and from the three cities involved. Pidcock recommended that MNDoT re-examine the projections and get information from Staff. Rauchle said they have used the City land use plans and the comprehensive plans and have updated those as part of this project. Harris thanked Rauchle for his presentation and asked him to keep the Council informed as the project progresses. C. REQUEST FOR PUBLIC IMPROVEMENTS FOR SUTTON PLACE BY BUILTWELL CONSTRUCTION 7ullie said the discussions with proponents for the Sutton Place development have not produced an agreement regarding their desire to have the City involved in the improvement project. Michael Posnick, representing Builtwell Construction, said they feel this is a matter of fairness and, to the extent that funding is available from outside sources, it should be made available. He said they have contacted the County and they cannot understand why they haven't been approached to share in the improvement costs. He said they do not believe that the storm sewer is needed since their property can be drained through surface drainage and percolation. They believe the storm sewer is being required because the City wants it. He said some of the items in the Staff Report are not accurate. Alan Gray reviewed a drawing showing the approved plans for the segment of street under discussion and the drawing showing the street segment as the proponent is requesting. He said proponent says they cannot build the construction access as presented in the original plan. The City would provide an easement for the storm sewer, and the storm sewer will be slightly oversized to help accommodate the properties downstream. He said the City believes that this is a fair proposal and there is no financial hardship for proponent. CITY COUNCIL M]NUTES August 15, 1995 Page 7 Case asked how the figure of approximately$9,000 per unit for the infrastructure costs compares to the average in other projects. Gray replied that it is average to below-average. Case asked about precedent. Gray said that the developer in several other developments in the area have constructed the storm sewer infrastructure with additional capacity. Posnick said the Council proposed the separate construction entrance, and the County is placing the location of that entrance where the County's road access will be. He said they cannot build the roadway so that it will fit into the County's road without reconstruction. He said the materials submitted to the Staff, Planning Commission and the Council stated that the City and County would pay for all utility costs for Sutton Drive and County Road 4. Gray said the record contains comments from Mike Franzen stating that the County would only construct the entrance and the developer would have to absorb the rest of the costs. Case asked, if the grade issue exists, can it be remedied. Gray said he would have to see some specific drawings and elevations to show that it is not feasible. Posnick said they are prepared to build the road and pay for it as long as they are the only users. He said they were asked to put the road in the northeast corner of the property to provide an entrance for the Senior Center and the park once the county road improvement is completed. He said Staff should get together with the County on the road and the storm sewer line is not needed. Dietz said the road is being placed where because they anticipated a need for access to this property and the property to the south during the development stage of the County Road 4 plans. The location was a negotiated one with Hennepin County to provide access to all properties on County Roads 4 and 1. It is not a road built to serve the Senior Center. Thorfinnson said he took exception to the comment that there will be more traffic from the Senior Center in light of the number of trips anticipated from this development. He said he has a problem with the petition because we approved a higher density in this project than he was comfortable with at the time of Council review. He questioned the ability of this property to drain itself because of the number of units being developed. MOTION: Case moved, seconded by Thorfinnson, to deny the petitions for public improvements. Motion carried unanimously. CITY COUNCIL MINUTES August 15, 1995 Page 8 IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION- Appointment of Flying Cloud Business Representative to fill vacant term to 2/28/96 Pidcock nominated Alan Nitchman. MOTION: Pidcock moved, seconded by Tyra-Lukens, to appoint Alan Nitchman to serve on the Flying Cloud Airport Advisory Commission through February 1996. Motion carried unanimously. B. NINE MILE CREEK WATERSHED DISTRICT-Request from Aileen Kulak to recommend her reappointment as a Manager to the Nine Mile Creek Watershed District to the Hennepin County Board of Commissioners MOTION: Pidcock moved, seconded by Tyra-Lukens, to recommend to the Hennepin County Board of Commissioners that Aileen Kulak be reappointed as Manager of the Nine Mile Creek Watershed District. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discussion of Community Needs and Resources Council Tyra-Lukens said the Community Needs and Resources Council has been working on the "Turn Off the Violence" campaign that will be held in October. She handed out packets to the Councilmembers, noting that this campaign started in Eden Prairie several years ago. They are trying to work the campaign into a City-wide event. She reviewed several of the ideas they have come up with for the campaign. They are also working on integrating conflict resolution training into City activities year round. Harris asked what kind of support she is seeking from the Council. Tyra- Lukens said they would like support of the conflict resolution skill building for Commissions and support for the October "Turn Off the Violence" campaign. 2. Southwest Metro Pidcock said Southwest Metro will be holding a joint meeting with Plymouth and Minnesota Valley to discuss suburban replacement transit. She said Bob Renner will serve as the facilitator, and the date of the meeting is August 24th at the City Center. CITY COUNCIL MINUTES August 15, 1995 Page 9 B. REPORT OF CITY MANAGER 1. Jullie said Pidcock will not be able to attend the August 30th meeting. The consensus was to hold the meeting on Thursday, August 31 from 6:00 to 8:00 P.M. C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for City Center Site Lighting Improvements, I.C. 95- 5390 (Resolution 95-154) Dietz reviewed the bids received for relocating and supplementing the lights near the City Center entrance. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 95-154 Awarding the Contract for I.C. 95-5390. Motion carried ,unanimously. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:30 p.m.