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City Council - 12/05/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 5, 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 & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item V.C. Request for Housing Revenue Refunding Revenue Bonds Relating to Tanager Creek Project. Case added item M.A.1. Flying Cloud Airport Expansion Issue. Pidcock added item XI.A.2. Use of the Internet. Enger added item XI.D.2. Livable Communities Update. MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM Tom Fisher, an Eden Prairie resident, voiced concern about the various proposals regarding Highway 212, Interstate 494 and other projects. Harris said the City Council has no position at this time. She said there may be some type of Town Meeting in mid to late January on the two projects that affect Eden Prairie, and noted there is a requirement that all affected communities agree to the proposals. M. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEMBER 21, 1995 MOTION: Thorfinnson moved, seconded by Pidcock, to approve as published the minutes of the City Council/Staff Workshop held Tuesday, November 21, 1995. Motion carried with Tyra-Lukens abstaining. CITY COUNCIL AGENDA December 5, 1995 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 21, 1995 MOTION: Pidcock moved, seconded by Case, to approve as published the minutes of the City Council Meeting held Tuesday, November 21, 1995. Motion carried with Tyra-Lukens abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 95-203 AWARDING IMPROVEMENT CONTRACT FOR 1996 MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS, I.C. 96-5395 C. RESOLUTION 95-204 REQUESTING MnDOT TO ENTER INTO A COOPERATIVE AGREEMENT FOR CONSTRUCTION OF TRAFFIC SIGNALS AT TH 169 AND FOUNTAIN PLACE D. VALLEY PLACE OFFICE-PHASE H by Design I of Edina. 2nd Reading of Ordinance 38-95 for Zoning District Amendment in the Office Zoning District on 0.67 acres and Adoption of Resolution 95-205 Approving Site Plan Review for Valley Place Office - Phase II and Approval of a Supplemental Developer's Agreement for Design I of Edina. Location: 9973 Valley View Road. (Ordinance 38-95 for Zoning District Amendment and Resolution 95-205 for Site Plan Review) E. RESOLUTION 95-206 GRANTING FINAL APPROVAL OF $1,450,000.00 IN MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS FOR CHALLENGE PRINTING (ROBERT LOTHENBACH PROTECT) Regarding Item C, Harris asked if there will be a traffic signal on both sides of the road. Director of Public Works Dietz said there will eventually be an extension to the east of Hwy 169; however, there are no proposals for development at this time. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve Items A-E of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. VACATION 95-09: VACATE EASEMENTS OVER PART OF LOT 6. BLOCK 1. BLUFFS WEST 11TH ADDITION (Resolution 95-207) Jullie said Lecy Construction has requested a modification to the scenic and conservation easement for this property, which is the last lot in the Bluffs West 9th Addition. Per the staff report of November 21, 1995, staff recommends CITY COUNCIL AGENDA December 5, 1995 Page 3 approval of the request, with the requirement the builder permanently post the new scenic and conservation lines in order to avoid problems in the future. Tyra-Lukens asked if this is a spec home and, if not, is the purchaser aware of the conservation easement. Lambert said it is a custom-built home for Mr. Lecy, and he is aware of the easement. There were no comments from the audience. MOTION: Thorfmnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-207 for Vacation 95-09, vacating easements over part of Lot 6, block 1, Bluffs West 11th Addition, subject to the recommendations of the staff report of November 21, 1995. Motion carried unanimously. B. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION by 169 Anderson Lakes Corporation. Request for Preliminary Plat of 11.3 acres into 2 outlots and road right-of-way. Location: Anderson Lakes Parkway and Aztec Drive. (Resolution 95-208 for Preliminary Plat) Enger said this is a housekeeping item. The plat has been revised to eliminate the property of the one owner who was not willing to proceed with the replatting at the November 7, 1995 meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 95-208 for Preliminary Plat Approval of 11.3 acres into 2 outlots and road right-of-way. Motion carried unanimously. C. REQUEST FOR HOUSING REVENUE REFUNDING BONDS RELATING TO TANAGER CREEK PROJECT Jullie said this item should be continued to the December 19 meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfmnson, to continue the Public Hearing to the December 19, 1995, meeting. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Pidcock, 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 CITY COUNCIL AGENDA December 5, 1995 Page 4 VM. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS 1. HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD - f Update on Hope Program Dave Lindahl, HRA Manager, said the City's HOPE program (Housing, Opportunities, Partnerships, and Employment program)has been in place for nine months. They wanted to update the Council on the program by having a participant and a volunteer family share their experiences. Mary Keating, coordinator of the mentor and participant families for HOPE, said there are 22 families matched in the program. As the coordinator, she interviews prospective volunteer families and participants, provides training for the volunteers, matches families together and supervises the volunteer/participant relationship for the 12-month commitment. Keating introduced Valerie Olson, a participant in the HOPE program. Ms. Olson said she became interested in the program because she needed to further her education in order to support her three children. She is continuing her education at Hennepin Technical College. Brian and Julie Kartow described the volunteer program and how they became involved in it. Hams said she was excited the City and the volunteers have been able to develop this program that provides hope for a better future for the participants. Pidcock said this is a wonderful one-on-one program and thanked Councilmember Thorfinnson for his time and energy with the project. She noted Mr. Lindahl is skilled, committed and caring. 2. HERITAGE PRESERVATION COMMISSION - Heritage Site Recognition Program Lambert introduced members of the Heritage Preservation Commission who were present to review the details of the Heritage Site Recognition Program. Cheryl Younghans said the City has completed a three-year cultural resources survey that evaluated sites throughout Eden Prairie. The survey identified over 200 sites that have some significance. Younghans described the process proposed for heritage site designation. Jane Hessian, Commission member, showed the two types of markers proposed, one for homes and one for roadside, park and open space use. Staff and the CITY COUNCIL AGENDA December 5, 1995 Page 5 Heritage Preservation Commission recommend the allocation of$2,556.45 in the 1996 budget to cover the purchase of 25 of each type of marker. Tyra-Lukens asked why the first eleven sites were chosen over other sites, and if the six City-owned sites on the list of eleven represents the relative proportion of City-owned sites on the rest of the list. Hessian said the eleven were chosen because they represent a wide range of structures and landscapes, and the majority of the remaining identified sites are privately held. Tyra-Lukens asked if the Commission is required to come before the Council for approval. Younghans said no action is necessary on the sites. Hessian said the program is designed to raise the recognition of heritage preservation sites. Tyra-Lukens asked if it will be clear to the property owner there are no restrictions on the property because of this designation. Younghans said there are no restrictions on the properties that get the recognition plaque designation. If we choose to pursue some local designation, a Public Hearing will be required and there will be property owner input. Thorfinnson asked if we can force local designation. Younghans said national designation has been forced in the past; however it is a long process and they don't see us enforcing this on a local level. Case said there have been takings that have been upheld in court, but we are not getting into that. MOTION: Case moved, seconded by Tyra-Lukens, to approve the establishment of a Heritage Site Recognition program and to approve funding of the purchase of 50 site markers at a cost of$2,556.45 to be included in the 1996 budget. Case said he would like to see each of the three alternatives proposed for funding addressed. Thorfmnson asked which budget this would come from. Lambert said it would be the General Fund reserve. Thorfinnson said he would like to see the fund kept up by some other means after we make the initial investment. Case said there are not an unlimited number of sites and he thought we should ask the Heritage Preservation Commission to work through this and come back with recommendations to continue the funding in the future, and perhaps reimburse some of the up front funding. Pidcock expressed concern the property owners not feel coerced into the program. AMENDMENT TO THE MOTION: Thorfinnson moved, seconded by Case, to add to the motion the directive that the Commission develop alternative means of funding the signs, whether through grants or by participation of owners. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. CITY COUNCIL AGENDA December 5, 1995 Page 6 X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Flying Cloud Expansion Issue Case said he was concerned the Metropolitan Council debate on this issue has never addressed the need issue, and there has been no cost benefit analysis. Enger said the Met Council last met to review the long term comprehensive plan on April 1, 1995, but suspended the review while pursuing a mediation effort undertaken with the Met Council in the role of mediator. He said Staff believed the information necessary to make a correct decision by the Met Council and by M.A.C. was contained in the mediation report. Enger said the Transportation Committee of the Met Council met last night, continued the discussion to December 18th, and directed the legal staff to look at several questions. In communications today, staff framed the questions as we see them in order to help make them aware of our opiniona and concerns. Harris said the issues identified over the years have still not been fully addressed. She asked if there is some equivocation around Zone B. Enger said there is. MOTION: Case moved, seconded by Tyra-Lukens, to reaffirm the City's opposition to the Metropolitan Airport Commission proposal to extend the runways at Flying Cloud Airport. Motion carried unanimously. 2. Use of the Internet Pidcock asked Staff to look into the possibility of raising money by arranging for the community to use the Internet. Tyra-Lukens said she heard about that being done in other communities. Enger said we are looking into a portion of this issue through discussions with the School District to have a community bulletin board that allows access to the Internet and free E-Mail. Staff will explore the possibilities and return with information within a month. B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA December 5, 1995 Page 7 C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES 1. Recommendation regarding Outdoor Recreation Grant and Status of Kline/Peterson Parcel No. 1 Option Lambert said the Parks, Recreation & Natural Resources Commission at their November 20, 1995 meeting, recommended that the $50,000 grant avaiable for the acquisition of the Parcel No. 1 option on the Kline/Peterson property be returned to the State of Minnesota, and the purchase of this parcel be postponed in order to have funds available for more immediate projects. The Commission recommended Eden Prairie citizens have an opportunity to vote on the acquisition of these parcels prior to the option expiring. Harris asked if it would be realistic to expect a better grant in the future. Lambert said there are no guarantees, and grants are getting tougher to acquire. Harris asked if there is any opportunely to tie down the grant money in a multi-year purchase. Lambert said we need to make the decision on the grant by December 8, and would have until the end of 1997 to complete acquisition of the property. Harris asked how important the property is to completing the park system. Lambert described the property and some of the potential uses if it becomes part of the park system. A discussion followed about alternative means of funding the purchase and the status of the cash park fees. Councilmembers were reluctant to deplete cash park fees, but suggested we explore alternatives and put the purchase on a referendum before the option expires. MOTION: Case moved, seconded by Tyra-Lukens, to turn back the $50,000 grant for the purchase of Parcel No. 1 of the Kline/Peterson property. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Land Use Alternatives for Dell Road, Highwya 5, and Cascade Drive Enger said the Council directed staff to return with alternatives for the western portion of the property at Dell Road, Highway 5 and Cascade Drive after approval was given for the day care center on the eastern portion. Mike Franzen, City Planner, reviewed the seven alternatives developed for the property, noting there is a petition from the CITY COUNCIL AGENDA December 5, 1995 Page 8 neighborhood requesting that alternative seven for a one-story office building be approved. Thorfinnson said he liked the low income housing proposal, and his seond choice was alternative two, combined retail and office. Pidcock asked if there is retail designated further down Dell Road. Franzen said there is a piece of property for 20,000 square foot retail further south on Dell opposite the proposed interchange of Highway 212. Pidcock said she thought the 48-unit low income rental housing would be a good alternative. Tyra-Lukens preferred the two-story office, alternative 3. She was not sure this is the spot for low income housing, so she would be hesitant to go with that option. The two story structure could be converted to have a few retail shops on the first level at some point in the future. Case said he would choose alternative two for the future purposes of the City; however, he also liked alternative three. His third choice was the low income housing alternative but he thought putting it on that site without the support systems would create isolation. Hams said the developer has transferred a fair amount of assessments to this property so alternatives two or three would bring a fair return on investment to the developer. She thought retail and neighborhood commercial reduces the traffic problems and provides convenience for the community, so she would lean toward alternative two. Pidcock said it is important to have a convenience center within walking distance in such developments. She has received a lot of phone calls on this, and is concerned that the neighborhood be happy with it. Tyra-Lukens said a retail use on the property would produce longer hours of traffic, while office would have the same amount of traffic but during a more condensed period of time. Thorfinnson was concerned that, by choosing alternative three, we take the land value down from$6 to $5. He thought this should be considered in our decision because the developers relied on PUD approval. MOTION: Case moved, seconded by Tyra-Lukens, to recommend the developer go back through the process with plans similar to Alternative 3--a two-story office building. Case said he could appreciate the dollar problem; however, this was a huge PUD that has been developed. CITY COUNCIL AGENDA December 5, 1995 Page 9 Enger said they might consider increasing the amount of office space. Pauly said this is not a rezoning hearing, and the preferable course of action is to adopt a concept approach. Pidcock expressed concern the Council may be stating we will vote in a certain way after the planning process. Pauly said he didn't draw that conclusion from the motion or from the staff proposal. VOTE ON THE MOTION: Motion carried unanimously. 2. Livable Communities Update Enger said we have come to a preliminary agreement with the Metropolitan Council staff in which they have moved toward a position of accepting the goals we suggested for meeting the Livable Communities Act. The goals we suggested are much more reasonable and "doable." We will try to affect future housing, not necessarily the entire housing stock, and will try to reach a goal of 30% of all new housing in 1996 that is at$115,000 or lower value. We have been meeting that goal in the last three years with our multi-family housing. We also will try to reach a goal of 20% rental for all new housing; a goal of 35% of all future housing to be multi-family in order to provide life-cycle housing; a goal of two units per acre for single family density; and a goal of ten units per acre for future density of multi-family units. Enger said he was most concerned the Met Council staff felt it was supportable at the Met Council level. He noted his written report will be distributed to Councilmembers. E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:55 p.m.