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City Council - 09/19/1995 APPROVED MINUTES EDEN PRAIRE CITY COUNCIL TUESDAY, SEPTEMBER 19, 1995 7:30 p.m., CITY CENTER Council Chambers 8080 Mitchell Road COUNCE ME BERS: 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, Assistant to the City Manager Craig Dawson,Director of Public Works Gene Dietz, Director of Parks, Recreation & Facilities, Bob Lambert, City Planner Don Uram, City Attorney Roger Pauly, and City Recorder Barbara Anderson 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 City Manager Carl Jullie noted a Resolution was added to Item XI.B.1 approving Laws 1995, Chapter 262, Section 5 which will allow implementation of the benefit enhancements for the Eden Prairie Fire Fighters Relief Association. Also, an addendum was distributed pertaining to Item K under the Consent Agenda, Exhibit A relating to 1995 Special Assessments. Jullie recommended deletion of Item IV-F at the request of the proponents. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM M. MINUTES A. COUNCIL/STAFF WORKSHOP HELD THURSDAY, AUGUST 31, 1995 MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Minutes of the Council/Staff Workshop held Thursday, August 31, 1995 as published. Motion carried unanimously. CITY COUNCIL MINUTES September 19, 1995 Page 2 B. COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTEMBER 5. 1995 MOTION: Pidcock moved, seconded by Case, to approve the Minutes of the Council/Staff Workshop held Tuesday, September 5, 1995 as published. Motion carried unanimously. C. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 5. 1995 Case stated there were changes he wished to make to the Minutes; first on page 4, sixth paragraph, it should read, "Case asked if we could propose a road for construction use in order to force traffic to that route." On page 9, in the fourth paragraph, he wished the minutes to reflect his concern that the Preserve residents would have the power to abolish their trails and the City would not have any control, and his intent was to view the City's possible acquisitions as not only positive but essential to preserve the integrity and continuity of the Eden Prairie Trail System. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the Regular City Council Meeting held Tuesday, September 5, 1995 as amended. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AMERICAN LUTHERAN CHURCH 2ND ADDITION 2nd Reading of Ordinance No. 10-95 for Zoning District Change from Public/R1-22 to R1-13.5 and Approval of Developer's Agreement for American Lutheran Church 2nd Addition by Hustad Land Company. Location: SW Corner of Bennett Place and Pioneer Trail (Ordinance 10-95 for Zoning District Change) C. KINDERCARE by Kindercare Learning Centers, Inc. 2nd Reading of Ordinance No. 29-95 for Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.75 acres; Adoption of Resolution No. 95-169 Approving Site Plan Review on 2.75 acres and Approval of a Developer's Agreement for Kindercare located at Hwy. 169 and Anderson Lakes Parkway. (Ordinance 29-95 for Zoning District Amendment and Resolution No. 95-169 for Site Plan) D. REGENCY PARC TOWNHOUSES by Regency Parc Limited Partnership. 2nd Reading of Ordinance No. 31-95-PUD-15-95 for PUD District Review on 7.27 acres and Zoning District Change from I-2 Industrial to RM-2.5 on 7.27 acres; Approval of Resolution No. 95-170 for Site Plan Review on 7.27 acres and Approval of a Developer's Agreement for Regency Parc Townhouses located at City West Parkway. (Ordinance 31-95-PUD-15-95 for PUD District Review and Zoning District Change from 1-2 Industrial to RM 2.5 and Resolution No. 95-170 for Site Plan) CITY COUNCIL MINUTES September 19, 1995 Page 3 E. RESOLUTION NO. 95-171 APPROVING FINAL PLAT OF REGENCY PARC TOWNHOMES (located north of City West Parkway and east of Shady Oak Road) F. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION G. AWARD BIDS FOR RILEY LAKE PARK LANDSCAPING H. J. R. CUMMlNS FARM HOUSE RESTORATION PROTECTS I. RESOLUTION NO. 95-172 APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 2ND ADDITION (located at the southeast quadrant of Pioneer Trail and Bennett Place) J. RESOLUTION NO. 95-173 APPROVING FINAL PLAT OF HAWTHORNE OF EDEN PRAIRIE 5TH ADDITION(located north of proposed TH 212 and east of Dell Road) K. RESOLUTION NO. 95-174 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE FOR OCTOBER 17, 1995 L. APPROVAL OF RESOLUTION OF FINDINGS UPHOLDING DENIAL OF NIOSI VARIANCE REQUEST BY BOARD OF ADJUSTMENTS & APPEALS MOTION: Pidcock moved, seconded by Thorfmnson, to approve Items A-L, with the deletion of Item F, on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. ABRA AUTO BODY by Abra Auto Body. Request for Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acre, Rezoning from I-2 to Community Commercial on 1.1 acre, Site Plan Review on 1.1 acre, Preliminary Plat of 2.36 acres into two lots and road right-of-way. Location: Northeast corner of Hwy. 169 and Aztec Drive. (Resolution No. 95-175 for Comprehensive Guide Plan Change, Ordinance for Rezoning from 1-2 to Community Commercial, and Resolution No. 95-176 for Preliminary Plat) Allan Stowe of Barclay, Ltd., the developer, reviewed the project. Enger said the Planning Commission reviewed the project at their August 28, 1995 meeting and recommended approval subject to the stipulations listed in the staff report dated August 25, 1995. The Parks, Recreation &Natural Resources Commission did not review this project. CITY COUNCIL MINUTES September 19, 1995 Page 4 MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing and adopt Resolution No. 95-175 approving Comprehensive Guide Plan Change; Approve 1st Reading of the Ordinance for Rezoning; Adopt Resolution No. 95-176 approving the Preliminary Plat; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Motion carried unanimously. B. AMOCO CAR WASH by New Image Construction & Development. Request for Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres, and Site Plan Review on 0.9 acres. Location: 8100 Flying Cloud Drive. (Ordinance for Zoning District Amendment) Joe Kiesling of New Image Construction & Development reviewed the proposal. Enger stated the Planning Commission recommended approval at their August 28, 1995 meeting. The plans met all codes and has been revised to note that a storm sewer is not within the project parameters. The Parks, Recreation & Natural Resources Commission did not review this proposal. Tyra-Lukens inquired if the location of the storm sewer pipe had been verified, and Enger responded affirmatively. Case questioned whether the proposed parking would be adequate as he had visited the site and parking was limited. He requested staff to explain how parking stall space is determined for gas station sites. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; Approve 1st Reading of the Ordinance for Zoning District Amendment; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Motion carried unanimously. VI. PAYMENT OF CLAIMS Pidcock inquired who was the Executive Director in items 34581 and 34582. Jullie responded that information would be made available to the Council at a later time. MOTION: Thorfinnson moved, seconded by Pidcock to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Tyra-Lukens, Pidcock, Thorfinnson, and Harris voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS CITY COUNCIL MIlVUTES September 19, 1995 Page 5 A. Tax Forfeiture Status Report - Outlot A. Glenshire Addition 7ullie stated that residents of the Glenshire/Edenvale neighborhood have requested the City take action which would preclude development on this parcel located near Woodland Drive and Edenvale Boulevard. Since the Council last discussed this item on May 23, field work has been done to delineate the wetland limits on the property and staff analysis has been done on possible uses of the property. Approximately one-half of the 10.3 acre parcel is outside of the protected waters area, and about $82,000 of special assessments are on the parcel. Dietz suggested six alternatives to resolve this issue, some of which would require special legislation. He suggested that the Council consider Alternative No. 4, in which the City would gain control of the property and use it for wetland mitigation. It is likely that the City would need to spend something approaching $80,000 for mitigation sites on future City projects. He noted the Department of Natural Resources had requested this parcel be removed from the tax forfeiture list. The Riley-Purgatory-Bluff Creek Watershed District determined a point which was the Ordinary High Water Elevation of 848.5 and the area of land within this area has a protected wetland. He reviewed the criteria which establish a wetland area including soil type, hydrology, and vegetation type. The wetland mitigation legislation requires disturbed wetlands be replaced with a 2:1 ratio, and this site could be utilized for such wetland mitigation. He recommended this area be banked for wetland mitigation uses in the future. Dietz referred to a letter he had received from Tom Workman stating he had reviewed the issues and would not support any legislation which would bring the property into the ownership of Eden Prairie. Case asked about the soils on the property and Dietz responded they could be regraded to create the soil type which would make the area into a wetland type. Case inquired about the tree loss such grading would cause, and Dietz responded the trees on the property were not covered by the tree ordinance criteria., but there would be some tree loss if any grading were done on the property. Case commented he would prefer to see a minimal number of trees lost if the property is utilized for wetland mitigation purposes. Harris stated the City Council deals with tree loss on any development site and this is not an unusual issue. Case inquired if the wetland area was expanded, would it be more positive than the impact of creating a new wetland somewhere else. Dietz responded it would be more positive because they would be restoring the area to be more like it had been in the past. Case inquired if there were any other areas that could be purchased for this purpose within the Eden Prairie City limits, and Dietz responded there were none which could be had for this price, and finding other areas to use for wetland mitigation would be much more expensive. CITY COUNCIL MINUTES September 19, 1995 Page 6 Harris inquired if the staff could project the need for future wetland mitigation and how soon the City will need that land. Dietz responded that there are a few areas selected which would be suitable for this purpose, but there are few parcels that can meet the criteria and these types of locations are very few in Eden Prairie. Harris commented it might be possible to do mitigation outside the City of Eden Prairie, but that process would provide open space for those communities instead of Eden Prairie. Dietz responded it could be done anywhere within the Watershed District. Tyra-Lukens commented she did not like to see the City lose the $80,000 in special assessments and asked what it would cost to develop this area into a wetland. Dietz responded it could run as much as $10,000 an acre or less, as opposed to a much higher cost to do this elsewhere. Tyra-Lukens inquired if the City does mitigation in another community, would that community look kindly on having land removed from its tax rolls. Dietz responded there are some sites that are considered to be good areas for wetland mitigation but this is not always the case. Thorfmnson commented costs are more than $80,000 because there is a loss of future tax revenues as well as the loss of the special assessments and the costs of restoring the wetland. Dietz stated if the land were to be developed the City would seek to recover all of the special assessment costs, but it was not a realistic expectation given the area of developable land contained in the parcel. Discussion ensued regarding other areas which might be suitable for wetland mitigation purposes. Dietz commented given the number of road construction projects yet to be completed, it will undoubtedly be necessary to go out of the City to achieve wetland mitigation for those areas. He noted wetland mitigation will be needed for the SW Metro Transit Station site in addition to roadway construction. Pidcock believed there was a value to having wetland mitigation within Eden Prairie rather than elsewhere. Gary Diamond, 7215 Sunshine Drive, stated since this land is already owned by the City, it should be preserved as a natural area for wildlife and waterfowl. He added they have submitted a petition requesting that it be left in its natural state. They do not wish to have partial development, but want to preserve this land permanently and to that end they have requested that the State place it in a conservation easement. He submitted a copy of a letter from the attorney for their neighborhood illustrating these negotiations are underway. He asked the Council to leave the land as it is. Barbara Haley, Sunshine Drive, stated they want to preserve the area because they feel this neighborhood already exceeds the tax revenue expectations of the City and this is part of what is paying for the land to remain in its natural state. She requested the Council to leave the land in its natural condition. Ryan Rablin, a Sixth Grader at Oak Point Intermediate School, read a letter to the City Council asking that the woods be left as they are to provide habitat for CITY COUNCIL MINUTES September 19, 1995 Page 7 wildlife and an aesthetic surrounding for children of the neighborhood. Jeff Strate, 15021 Summerhill Drive, stated this was one of the most ideal neighborhoods left as it has the natural surrounding. He asked the City Council keep in mind the high cost of purchasing land for wetland mitigation and this area is not costing the City anything. He asked that the future of Eden Prairie also be considered, as this is the sixth fastest growing suburb in the metropolitan area. He believed this land would only increase in value over time, and would prove to be an asset to the City in the future. Mayor Harris thanked the public for their comments, and returned the discussion to the Council. Case stated it appears the neighborhood feels they are paying for this area to remain open land, but so does everyone else in Eden Prairie. He was concerned about the number of requests the Council receives to preserve any open space throughout the City which would preclude further development. He noted taxes were increasing, and if we have to raise taxes $4 for every piece of open space to be preserved, then the cost will certainly escalate a hundred-fold and soon taxes would rise by $400 rather than only $4. Regarding this specific site, he was willing to forego the debt if the property were utilized for wetland mitigation purposes or something which would help offset the debt. He felt the City should receive some benefit from this land, and utilizing it for wetland mitigation was one way of achieving this objective. Thorfinnson agreed with Case, and felt the reality was the budget needed to be adhered to and the City should receive something back from the land. He also felt the Council received numerous requests to buy property for open space rather than have it developed, and it was not possible to do this. He stated he did not support anything that did not recover the funds or give something to the City, such as wetland mitigation would do. Tyra-Lukens stated she agreed with Case and Thorfmnson, and complimented the neighborhood on their efforts to preserve this area and work together. She noted petitions do not always explain the ramifications of what the action would do in terms of tax dollar increases to the residents, and perhaps people would not be so quick to sign them if this were the case. She believed wetland mitigation was a good and worthwhile use for this land, and was a good compromise in this instance. City Attorney Roger Pauly stated the effect of this action and how the DNR would view the City's wetland mitigation proposal in light of the letter from the residents to the State was unclear. Mayor Harris stated that it was to the City's advantage to capture this property for mitigation within the City and it would create a win/win situation for everyone concerned. She supported this action as it was a parallel with the action the residents wanted, and it would give the DNR CITY COUNCIL MINUTES September 19, 1995 Page 8 the opportunity to consider both options. MOTION: Pidcock moved, seconded by Thorfinnson, to consider Option IV to acquire the site for wetland mitigation purposes as it would preserve the wetland and natural area from development and provide a service to the City as well. Motion carried unanimously. Gary Diamond commented he did not feel it was good to have the City destroy wetland to use the property for wetland mitigation. He asked the City do an Environmental Assessment Worksheet to determine the environmental impacts of wetland mitigation on the area. Pidcock thanked the citizens for letting the Council know how much this meant to them. The meeting was recessed for ten minutes at this time. The meeting resumed at 9:05 p.m. B. Grading Permit for Cherne Property located at the Northwest Quadrant of TH 169 and Fountain Place MOTION: Pidcock moved, seconded by Case, to approve a grading permit on the Cherne property in the southwest quadrant of Flying Cloud Drive per Staff recommendations. Motion carried unanimously. C. Grading Permits for the Proposed Transit Hub located west of Prairie Center Drive and south of existing Technology Drive, I.C. 95-5374 Dietz stated Southwest Metro requested an early grading permit so soils on its transit hub site can be surcharged. Given the condition of the soils on the site, an extended surcharge will be necessary. Site development plans have not been completed. Kate Garwood introduced Kyle Williams of Southwest Metro, who reviewed the plans for grading and explained they need to begin soil correction early in order to complete construction on schedule. He stated they will be back to complete the entire PUD process before the Council at a future time. They are requesting this grading permit based on the proximity of winter and the need to complete this grading before that arrives. MOTION: Pidcock moved, seconded by Case, to grant Southwest Metro a grading permit for the transit hub site subject to future modification which may be required by the City. Motion carried unanimously. Pidcock commented they should proceed at their own risk. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS CITY COUNCIL MINUTES September 19, 1995 Page 9 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manager Evaluation Tyra-Lukens and Thorfinnson presented their information to the City Council. Because of the time lag for the performance review for 1995, they believed it was best to get this process back on a schedule so it would be done at the beginning of the year. Typically, an evaluation team will be appointed and their work should be completed by mid-February, with a salary recommendation being before the Council for approval by the first meeting in March. They have obtained sample evaluation forms and Carl 7ullie has given them key results from last year. They should be ready with a recommendation for Council to approve at the next City Council meeting, and this will be retroactive as of March 1, 1995. Harris stated she believed this was a good type of evaluation and it was standardized with objectives, standards and goals for the next year. Pidcock suggested there be safeguards in this process in the event of a volatile situation adversely impacting the City Manager's review, as had happened in other communities. Thorfinnson responded that they planned to send questionnaires to each Councilmember and to the five department heads that report to the City Manager. They plan to send questionnaires to other contacts of the City Manager throughout the area next year to obtain additional input. They have attempted to create a system where they will consider the input but will take into account special situations. Tyra-Lukens stated they intend to look at all the commentary in the context of all the events of the year to avoid overreaction to one specific event. B. REPORT OF CITY MANAGER 1. Changes to the By-Laws of the Eden Prairie Fire Relief Association and adoption of Resolution No.9'5-177 ap rp oving Laws 1995, Chapter 262, Section 5 Special legislation was enacted in 1995 which would allow enhancements to benefits provided by the Eden Prairie Fire Fighters Relief Association. The EPFRA would need to amend its bylaws and the City Council subsequently approve the revisions to authorize the new benefits. The amended bylaws, which were drafted by the City Attorney's office, were approved by the EPFRA on September 14. MOTION: Pidcock moved, seconded by Case, to approve the revised bylaws of the Eden Prairie Fire Fighters Relief Association and adopt Resolution No. 75-177 approving Laws 1995, Chqapter 262, Section 5. CITY COUNCIL MINUTES September 19, 1995 Page 10 Motion carried unanimously. 2. Progress Report on South Metro Public Safety Training Center Jullie noted that for over a year, Eden Prairie has been working with three other cities and the Metropolitan Airports Commission to develop a joint Public Safety Training Center. Two other suburbs have also expressed an interest to join this effort. A strategy has been developed in which the capital costs would be paid by others. Timing on these applications, particularly for the Governor's Bonding Bill, is critical. The governing boards are being asked to indicate their endorsement to prepare and submit applications for funding. MOTION: Pidcock moved, seconded by Case, to endorse the concept of a South Metro Public Safety Training Center and authorize that Eden Prairie be identified as a participant in funding requests. Motion carried unanimously. 3. Policy for Investment of City Funds Jullie noted City staff has developed an investment policy in order to provide additional safeguards and information for investment of City funds. This has been modeled after policies developed by three metropolitan suburbs and suggested by two private investment firms. Case commented this was an excellent policy and he was very pleased to support it. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt the proposed Investment Goals and Guidelines Policy. Motion carried unanimously. 4. Restoration of Planned Expenses in 1995 Budget Jullie stated when the City Council adopted the 1995 Budget, it did so with the proviso that approximately $400,000 in expenses would be put on hold until it could be determined that these outlays would be prudent and affordable. Information from the 10-year budget projections indicate that such expenditures are indeed affordable. In the process, the City will have realized savings of approximately $210,000. MOTION: Pidcock moved, seconded by Case, that Council authorize restoration of the "freeze" in expenses in the 1995 budget. Motion carried unanimously. 5. Cancellation of the October 10, 1995 Council Workshop CITY COUNCIL MINUTES September 19, 1995 Page 11 Jullie stated it appeared that at least one Councilmember would be unable to attend the proposed October 10, 1995 workshop, and he proposed that they cancel this meeting and poll the Councilmembers and reschedule it for a future time. Council agreed unanimously. C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY Pauly stated that he was involved with the Piper City Investment Portfolio and a Class Action suit has been initiated against this firm by other municipalities who believed they suffered losses through these investments. The Class Action suit has been certified by the court for persons who were members from 7/l/91 through 5/l/94, and includes a computation of losses and a settlement formula. The City has received notification and it will not receive any funds because it did not suffer any loss through this investment according to this settlement formula. There are different methods of determining damages, and the formula is not a very inclusive one. After consideration, he recommended the City ask to be excluded from this Class Action suit, as if they proceed with it, it will preclude their taking any other action on this matter in the future. He stated the letter would need to be signed by the Mayor and City Manager. MOTION: Case moved, seconded by Thorfinnson, to submit a letter signed by the Mayor and City Manager requesting to be excluded from the Class Action Suit. Motion carried unanimously. XR. OTHER BUSINESS Mayor Harris stated Craig Dawson, Assistant to the Assistant City Manager, would be leaving the City of Eden Prairie to take the position of Assistant City Manager with the City of Maplewood, Minnesota. She took this opportunity to thank Mr. Dawson for his 11.5 years of service to the City of Eden Prairie, and stated he would be greatly missed. Case echoed those sentiments, commenting Mr. Dawson was generally the "man behind the scenes" and he also thanked him for his years of service and support to the Council. Councilmembers, Thorfinnson, Pidcock, and Tyra-Lukens echoed those sentiments, and added their thanks as well. XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:50 p.m.