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City Council - 01/16/1996 APPROVED AIMITES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 16, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL 4EMEBERS: 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 All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item M.A.1. Status on Internet. Thorfinnson added item M.A.2. HwLsung, Trau=rtation & Social Services Survey in Community Newsletter. Jullie deleted item N.C. RESOLUTION AUTHORIZING ACQI SITION OF RIGHT-OF- WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION._I.C. 94-5363. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM M. A11NUTES IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 96-14 APPROVING FINAL PLAT OF MAIL HANDLINCT ADDITION (located at the northwest corner of Corporate Way and Martin Drivel C. RESOLUTION AUTHORIZING ACOUI_SI_T_TON OF RIGHT-OF-WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION, I.C. 94-5363 CITY COUNCIL MINUTES January 16, 1996 Page 2 D. SET TUESDAY, FEBRUARY 13, 1996, 5:30 PM, TO INTERVIEW CANDIDATES FOR BOARDS/COMMISSIONS E. AWARD BIDS FOR QUARTERLY PARKS AND RECREATION BROCHURE TO GOLD STAR PRINTING F. RESCHEDULE CITY COUNCIL MEETING OF MARCH 5, 1996 TO MARCH 12, 1996 BECAUSE OF PRECINCT CAUCUSES Regarding item D, Tyra-Lukens said she will not be in town and expressed disappointment that Councilmembers were not polled regarding their availability for the interview session. The consensus was to remove item D from the Consent Calendar. Staff will poll the Council to set another date. MOTION: Pidcock moved, seconded by Thorfmnson, to approve Items A, B, E, and F of the Consent Calendar, with items C and D deleted. Motion carried unanimously. V. PUBLIC HEARINGSWEETINGS A. MEDIA PLAY by Musicland Group, Inc. Request for Planned Unit Development Concept Review on 23 acres, Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Rural to Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into two lots. Location: Eden Prairie Marketcenter. (Ordinance 2-96-PUD- 1-96 for Zoning District Change from Rural to Commercial Regional Service and Planned Unit Development District Review, Resolution 96-15 for Planned Unit Development Concept Review and Resolution 96-16 for Preliminary Plat) Carl Paraguay, Director of Architecture and Construction for Media Play, and Chuck Linwood, Architect, reviewed the proposal for a 45,000 square foot specialty retailer store. He said there will be a restaurant pad in the southwest corner of the property. Enger noted the City occupies the role of regulator of the property for administration of the zoning ordinance and also owns the property. He said, as of List week, a representative of Media Play's Real Estate Department has said they cannot go forward with closing of the property scheduled for February. They may be able to go forward later in the year, but they cannot commit to that. Because of the large amount of time and effort on this project, Staff recommends we finish up the review and go forward with 1st and 2nd Readings. In the meantime, the City expects to continue to market the property. Enger said the Planning Commission reviewed the project on December 11, 1995, and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of December 8. At this point, Media Play has made all the CITY COUNCIL MINUTES January 16, 1996 Page 3 recommended changes. He said the Parks, Recreation & Natural Resources Commission did not review the proposal. Harris asked Ric Rosow if there is any liability for either parry if we take this action. Rosow said this is not something you would do if you were not also the owner of the property. He noted they have until the 17th to exercise the option. Pidcock asked if we have changed the rules regarding brick exterior on the lower portion of the building. Enger said this meets the requirement of 75% brick, glass and stone. Pidcock said she thought we had stricter requirements for the Market Center structures. Enger said we have higher standards as to design of the buildings, and in this case we did work closely with the architects for design features and building materials. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to approve the 1st Reading of Ordinance 2-96-PUD-1-96 for Zoning District Change from Rural to Commercial Regional Service on 5.6 acres and Planned Unit Development District Review with waivers on 5.6 acres; to adopt Resolution 96-15 for Planned Unit Development Concept Review on 23 acres; to adopt Resolution 96-16 for Preliminary Plat approval on 5.6 acres into two lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. EDEN PRAIRIE HIGH SCHOOL ADDT_'1_'rON '96 by Independent School District #272. Request for Site Plan Review and Zoning District Amendment in the Public Zoning District on 67 acres. Location: North of Valley View Road and west of County Road 4. (Ordinance 3-96 for Zoning District Amendment and Resolution 96-17 for Site Plan Review) Steve Thompson, representing the Eden Prairie School District, reviewed the proposal. He described the new street access from County Road 4 and reviewed the building additions. Harris asked if this is a double road from County Road 4. Thompson said it is. Pidcock asked if there will be signal lights and turn lanes on County Road 4. Thompson said there will be a stop light. Pidcock asked if they have considered a metering system to slow down traffic. Thompson said the road on the east side of the school out to County Road 4 will not have much student traffic. Case asked about the demarcation of the City property versus the School District property on the west of the Community Center. Thompson said the addition to the Community Center changed that line and it is difficult to view these as two sites. CfrY COUNCIL MINUTES January 16, 1996 Page 4 Case asked about the ponding to the west of the current retention pond. Thompson said they have reconfigured the main pond area and added one to the west. Enger asked Thompson to describe the connection between the existing parking lot and the school bus access. Thompson said is not intended as a connector for student traffic, but rather for maintenance, fire access and event access. Enger said the Planning Commission reviewed the project at their December llth meeting and voted approval on a 5-1 vote, subject to the recommendations of the Staff Report of December 8, 1995. He reviewed the recommendations of the Staff Report. Lambert said the Parks Commission reviewed the proposal at their December 18th meeting, and recommended approval on a 6-0 vote. He said the Commission was concerned about connection between the new access road and the main parking lot for event ingress and egress. They also had concerns about drainage around the Community Center and Round Lake Park, the need to place nets or fences on the south end of the soccer fields to protect cars on the access road, and the problems caused by loss of use of the athletic fields during this season. He said there was a discussion with Merle Gamm of the School District regarding additional parking on the site shown as the location for a third ice rink at the Community Center. That will be made into a temporary parking lot at School District cost, with an agreement regarding removing the parking lot if a third rink is needed. John Pollock, 16460 Hillcrest Court, asked what will be done with County Road 4 north of the entrance to the new access road. Thompson said they are currently discussing the extent of the project with Hennepin County and the City. He said it appears likely that the four lane portion will continue just to the north of the intersection; however, there is still the potential to continue it further to the north. Pollock asked when the plans will be finalized. Dietz said a recent traffic study looked at the need to put a signal at the intersection. The County has not programmed any funds for County Road 4. The City has offered to be the lead agency in getting this work done, and Staff will submit design work for the Valley View Road and County Road 4 intersection so that can be done concurrently. He said he doubted the work would get up to the intersection with Hillcrest. Pollock then expressed concern about saving the oak trees along the edge of the soccer field. Thompson said all of those trees will be saved. Dietz said we will do everything we can to save the trees; however there are very tight right-of-way constructions. Pollock expressed concern about the lighting of the soccer field as this is the first time we have heard of such plans. He said he has minutes from the City Council in which they were promised there would be no lights on the fields since this was a school facility. Thompson said it would be desirable to have an event soccer CITY COUNCIL MMTES January 16, 1996 Page 5 field as part of the complex; however, there is no lighting in the current plans. MOTION: Pidcock moved, seconded by Thorfinnson, to c lose the Public Hearing; to approve 1st Reading of Ordinance 3-96 for Zoning District Amendment in the Public Zoning District on 67 acres; to adopt Resolution 96-17 for Site Plan Review on 67 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, with special consideration to be given to saving the existing trees along County Road 4 at the entrance to the new street access. Motion carried unanimously. C. SUNNYBROOK WOODS by Stephen J. Kroiss. Request for Zoning District Change from Rural to R1-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres into 7 lots and one outlot. Location: North side of Sunnybrook Road. (Ordinance 4- 96 for Zoning District Change and Resolution 96-18 for Preliminary Plat) Beth Andrews and Stephen Kroiss, representing proponent, reviewed the seven-lot, single family development. Enger said the Planning Commission reviewed the project at their December llth meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of December 8, 1995. He referred to the correspondence from Barry and John Brian Post that was included in the packet, along with the response from Mike Franzen and the letter from Stewart Fox. Lambert said the Parks Commission reviewed the project at their December 18th meeting and recommended approval on a 4-2 vote. Discussion revolved around the issue of tree loss, and the two "no" votes disagreed with the 42% tree loss. Case asked how solid the conservation easements are and what the penalties for infraction are. Lambert said they are only as good as the neighbors feel is reasonable. It is on a complaint basis only and if the neighbors support the easement, they will report infractions. He said people generally save the larger trees but the underbrush usually disappears. Barry Post, representing Post Construction Co., said he owns the property across the street and to the west. He was concerned about the process by which the tree loss was calculated. He thought they could do six lots and get the 30% tree loss that is within the limits. Pidcock was concerned about the 42% tree loss and asked if there is anyway to lower that figure. Lambert said we will run into these kinds of situations in the next few years as we continue to receive in-fill projects with small property owners who aren't ready to develop at the same time. He said we have to try to save trees as much as possible while allowing the property owner to use his property. CITY COUNCIL MINUTES January 16, 1996 Page 6 Tyra-Lukens realized the 30% figure is a guide line and an average and she saw evidence the developer has tried to save as many of the trees as possible. Pidcock asked if the developer had tried to contact some of the other owners in the area. Kroiss responded there were some attempts, and they worked with the Planning Department for quite a while to develop the project as it is. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to approve First Reading of Ordinance 4-96 for Zoning District Change from Rural to R1-13.5 on 4.0 acres. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-18 for Preliminary Plat of 4.0 acres into seven lots and one outlot. Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. VACATION 96-01: Drainage and UtLty Easements on Lot 1, Block 1, Riverview Heights 21nd Addition (Resolution 96-19) Janie said the applicant has requested vacation of a portion of drainage and utility easements covering this property in order to increase the buildable area. An existing scenic/conservation easement also on this lot is not affected by this request. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 96-19 vacating drainage and utility easements over part of Lot 1, Block 1, Riverview Heights 2nd Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. HEM PLAY by Musicland Group, Inc. 2nd Reading of Ordinance 2-96-PUD- 1-96 for Zoning District Change from Rural to Commercial Regional Service on CITY COUNCIL MINUTES January 16, 1996 Page 7 5.6 acres and PUD District Review with waivers on 5.6 acres; Adoption of Resolution 96-20 Approving Site Plan Review and Approval of a Developer's Agreement for Media Play by Musicland Group, Inc. Location: Eden Prairie Marketcenter. (Ordinance 2-96-PUD-1-96 for Zoning District Change and PUD District Review and Resolution 96-20 for Site Plan Review) Enger said First Reading was given through the Public Hearing process earlier in the meeting. Staff recommends approval of Second Reading. Tyra-Lukens asked why we are allowed to do both First and Second Readings. Rosow said it is permissible to have both on the same evening. Jullie said the 17th is the deadline on this project. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve 2nd Reading of Ordinance for Zoning District Change from Rural to Commercial Regional Service on 5.6 acres and PUD District Review with waivers on 5.6 acres; to adopt Resolution 96-20 approving Site Plan Review on 5.6 acres; and approval of the Developer's Agreement. Motion carried unanimously. VIH. PETITIONS, RF,MMIS AND COMMUNICATIONS A. R_EQ1JEST FROM EDEN PR AIRIF COMMON GROUND ORGANIZATION FOR CITY'S PARTICIPATION IN AN AFFORDABLE HOUSING PROGRAM Jullie said we have had some discussions relating to the potential for the City to assist in transferring a tax forfeited residential lot to this group for the purposes of constructing an affordable house. Duane Pidcock, Chairman of Eden Prairie Common Ground, said they are asking the City to join as a partner by providing access to land on which to build single and multi-family homes under the umbrella of Habitat for Humanity. Drake Talbert, representing Common Ground, said two residents have pledged money to begin the process of constructing a home. Their consortium of churches is ready to provide sweat equity. Steven Sidell, Executive Director of Twin Cities Habitat for Humanity, said they want to partner with the City along with leadership from the faith community of Eden Prairie to address affordable housing needs in the city. He said they have recently completed a project in St. Paul where Habitat and a for-profit developer jointly developed an entire city block just north of the capitol for a mix of incomes. It created a community that has been a great asset to the neighborhood. They would like to use that as a model for other communities to integrate low income families into their community. CITY COUNCIL MINUTES January 16, 1996 Page 8 Tyra-Lukens thought this was a wonderful idea that needs more exploration by Staff. She asked if affordable housing is the same as Met Council market value. Sidell said market value is yet to be determined. and he is not experienced here in Eden Prairie They are talking about serving households in the$15-20,000 range and are talking about ownership housing. Mr. Pidcock noted this could be an extension of the already successful mentoring program. Thorfinnson said these units would fit in under the$115,000 figure used in the Livable Community Act and would count towards the numbers we need for that. Case asked if TIF money might be available to purchase the land. Enger said is one of the issues they want to look into. Case asked how many tax forfeit properties occur in a given year. Dietz said most of the tax forfeited lands are not great pieces of property and do not have great soil conditions. Pidcock asked if such a development would be possible near the transit hub. Enger said that would be a possibility. Thorfhmson said in the next 30 days he.and Dave Lindahl are going to participate in some discussions regarding funds available for such projects. They are working on a series of recommendations to bring forward about incorporating affordable housing into many areas of development, and this project fits in well with their efforts. MOTION: Tyra-Lukens moved, seconded by Pidcock, to refer this request to Staff and the Housing, Transportation&Social Services Board for recommendation and a report back to the Council at the February 20, 1996 Council meeting. Motion carried unanimously. B. RESOLUTION 96-21 SUPPORTING TRANSIT LEGISLATION - Req=A from Southwest Metro Transit Commission Kate Garwood, representing Southwest Metro Transit Commission, said the purpose of the legislation is to establish a demonstration project known as the "Good News Bus demonstration project" that will make local control more of a priority and provide a more predictable revenue source for the future. She distributed a handout that showed how the legislation would affect the property tax statement of an Eden Prairie property. She noted the tax does not increase; however, part of the Metropolitan Council portion is reassigned to the local transit. Thorfinnson noted the handout did not represent an average Eden Prairie property. Garwood said it was based on property with a$320,000 value. CrrY COUNCIL MINUTES January 16, 1996 Page 9 Case asked if the Met Council would still determine the rate increase on the local transit line item. Garwood said currently we may receive up to 90% of the transit amount, but this legislation would put the number at 88% which we would get at all times. Diane Harberts, Executive Director of Southwest Metro, said the 88% tax levy is established in state law under a formula, and the City of Eden Prairie does not have any influence on that. A Public Hearing would be held at the commission level, and this legislation would be implementing what the law says we should receive. Harris asked how we fund and provide for Metro Mobility in our community once we take the money out, and whether we would be responsible for covering a deficit if one occurred. Harberts said the 88% is a mandatory tax levy already established. Part of the proposed legislation provides for a discretionary tax levy by the City Council. The discretionary tax levy might be done to meet a priority within the community to provide service. Regarding Metro Mobility, she said our Dial A Ride vehicles provide a better range of services at half the cost; however, we would have to make provision for those who use Metro Mobility. Harris asked if the Met Council is supporting the proposed legislation and who will be our allies in this effort. Harberts said we have had discussions with the suburban transit group. Brad Farnum, Southwest Metro Financial Advisor, said the Chair of Met Council described the discussions as productive and would like to further study the issues. We would need to provide a list of changes before they would provide a partnership for the initiative. Harris said it seems to be a major departure that would not come without cost and she would like to see more details. Thorfinnson asked who is responsible now if there is a deficit. Harberts said the Met Council is responsible for the deficit. They have discretion over funding to growing communities. There is a bill in process to reduce the 88% rate which would limit our ability to go forward to provide quality and cost effective service to growing communities. Thorfinnson then asked if this legislation means we as the cities involved would now become responsible for deficits. Harberts said that was true if a deficit occurs; however, the driving piece for this legislation is that we have a far greater opportunity to operate public transit in the black. She said their financial models have shown that we can achieve a savings of$3/4 million that we can reinvest in the transit system. Thorfmson said he questions us taking on the responsibility for future deficits, and he would like some clarification. Pidcock said it might be appropriate to wait until the next meeting to adopt this because of some of the difficulties we may encounter on Thursday. She was concerned this might compromise us with the Met Council in other areas. There CITY COUNCIL MINUTES January 16, 1996 Page 10 are other things that have not been dealt with yet. We will be asked to hire another lobbying group for which we don't know the costs. Thorfinnson said he thought the support of the other opt-outs is critical. Case thought it would be effective to have the support of all three cities before proceeding to the other bodies. Tyra-Lukens thought if it is a good idea now, it is a good idea even if other opt-outs don't agree. Jullie suggested we consider approval subject to the assumption that the opt-outs will not be negative in their support. Harris said there are some pieces in here she is not sure about. She was concerned we have not seen the bill. Harberts said there is an explanation of the proposed bill included with the packet information. She said they are asking the cities to support the legislation that will enable us to continue to achieve our over-all agency goals and to continue to enhance the regional transit system. Pidcock noted the City has always been totally supportive of the transit operation but there are some things that need to be addressed and process to be followed. She thought the process has been rushed, and we need to be careful on how this is perceived by other agencies. Harberts said the process is a question for the transit group and commission to answer. Farnum said there are details that need to be worked out with the other op-outs and issues with the Met Council that will go forward. He said we would be compromised in the process if the Council withholds support. Tyra-Lukens said we need to look at what our goal is in having the transit system in Eden Prairie. Time is of the essence because we will only be able to provide main route transportation if the transit dollars keep getting reduced. If opt-outs are eliminated, we won't have much of a transit system in Eden Prairie. Thorfinuson asked what happens if they cut back on the level of funding. Pidcock said the Met Council takes the position that funding is discretionary on their part and Southwest Metro and the others make application for funds. There is no guarantee that we would have fund available. The legislation gives us levy and bonding authority. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 96-21 in support of a Bill relating to the Metropolitan Council and the cities of Eden Prairie, Chanhassen, and Chaska, establishing the Southwest Metro Transit Commission as a public corporation, and granting to it and the cities various powers relating to public transit. Pidcock said she could not support the motion as stated. Thorfinnson asked what we are obligating ourselves to if we vote for this, and if this will come back before CITY COUNCIL MINUTES January 16, 1996 Page 11 the Council before anything happens. Pidcock said we are giving free rein to the Executive Director and the consultant to go ahead and push the legislation as they see fit. Harberts said there is a provision within the bill that in order to execute, each of the member cities would have to make an amendment to the Joint Powers Agreement. AMENDMENT TO THE MOTION: Pidcock moved, seconded by Tyra-Lukens, to amend the support of the bill to approval by the majority of the other opt-outs at the Thursday meeting. Farnham said the Commission attempted to develop a strategy that would allow both bills to go forward and not compete. He said the two lobbyists could work together to move both bills together. He said they have Wednesday and Thursday to resolve the issues before it gets to the Suburban Transit meeting. Harberts said staff has been given direction to explore the possibility of having a dual track. Farnham said the Commission was unanimous in approval of the plan that was developed. Tyra-Lukens said this is listed as a six-year demonstration project and asked if the Minnesota Valley bill is the same. Harberts said we have asked about that but we don't know for sure. Harris asked if the transit group would be funding both lobbyists. Harberts said we would be funding a separate contract which would be the best strategy to move forward. Tyra-Lukens asked why each group doesn't have its own demonstration project. Rosow said there is sentiment in the legislature to do away with opt-outs. He said we have heard from the lobbyists that two bills going forward might well play against each other, and this is the concern of some of the Minnesota Valley members. VOTE ON THE AMENDMENT TO THE MOTION: Motion failed 2-3, with Case, Harris, and Thorfinnson opposed. VOTE ON THE MOTION: Motion carried 3-2, with Pidcock and Tyra-Lukens opposed. Harris said there is still the issue of the lobbyist. Rosow said hiring the lobbyists rests at the Commission level, but expenses would come back to the three member cities. ]QK. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS CITY COUNCIL MINUTES January 16, 1996 Page 12 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCELMEMBMI; 1. R&port on Internet Access Pidcock asked Staff what has been done to investigate providing access to the Internet. Jullie said they have formed a committee that promises to present a report within 60 days. He said they are going to talk to other communities that are on the net and explore the different avenues available. 2. Housing, Transportation & Social Services Survey in Community Newsletter Thorfinnson said there is a survey in this month's community newsletter that will get some idea of the needs in the community for human services. He said we have been responding as agencies have come forward to answer some of the needs. We are now trying to reverse that process and make an RFP if we can determine the needs. He encouraged everyone to complete the survey. 3. Harris reported we received a letter from the Government Finance Officers Association stating the City has been awarded a Certificate of Achievement for the quality of its financial reporting. She congratulated staff on a good job. 4. Pidcock noted the "Destination Job" job fair will be held on April 30. B. REPORT OF CITY MANAGER 1. Set Tuesday, Rmary 23, 1996, 5:30 PM, for CouncU/Staff Workshop Jullie said Staff is recommending we have a workshop on Tuesday, January 23, 1996, at 5:30 p.m., for a review of the results of last fall's Community Survey. He said Mr. Bill Morris will present the review. Case asked Staff poll the Council before setting dates and times for future add-on meetings. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS CITY COUNCIL MINUTES January 16, 1996 Page 13 F. REPORT OF CITY ATTORNEY Rosow reported a mechanic's lien on the Musicland property has been determined to not apply. XH. OTHER BUSINESS XM. ADTOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Hams adjourned the meeting at 10:20 p.m.