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City Council - 11/05/1996 APPROVED MINUTES FDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 5, 1996 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: 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 Eugene 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 XI.A.1. Invite Met Council to Discuss Vision for Eden Prairie Affordable Housing and Transportation. Thorfinnson added item XI.A.2. Appointments to Boards and Commissions Next Year. Harris added items )MA.3. Help Day and XI.A.4. Invitation to Chamber. Jullie added item XI.B.1. Workshop Schedule. Tyra-Lukens suggested a representative of the group here for the last item on the agenda be allowed to discuss that item earlier in the Agenda. Hams said she would prefer to keep the order as is. MOTION: Pidcock moved, seconded by Thorfmnson, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 1996 Thorfinnson said sentence 1, paragraph 2 on page 11 should be changed to read "...and an empty public utilities building." MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the City Countil meeting held Tuesday, October 16, 1996, as published and CITY COUNCIL MINUTES November 5, 1996 Page 2 amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE HILLS OF EDEN PRAIRIE by Venku Corporation. 2nd Reading of Ordinance 45-96 for Zoning District Change from Rural to RM-6.5 on 14.84 acres, Adoption of Resolution 96-185 for Site Plan Review on 14.84 acres and Approval of a Developer's Agreement for The Hills of Eden Prairie. Location: Bryant Lake Drive between Wooddale Church and Willow Creek Road. (Ordinance 45-96 for Zoning District Change and Resolution 96-185 for Site Plan Review) C. EXTENSION OF DEVELOPER'S AGREEMENT by Metro Printing, Inc. Request to extend Developer's Agreement dated March 7, 1995. (Resolution 96- 186) D. APPROVAL OF FLYING CLOUD AIRPORT DESIGN FRAMEWORK MANUAL E. RESOLUTION 96-187 APPROVING FINAL PLAT OF EDEN HILLS TOWNHOMES (located east of Franlo Road and south of Prairie Cent r Drive) F. RESOLUTION 96-188 APPROVING FINAL PLAT OF EDENVALE 24TH ADDITION (located south of Executive Drive and east of Anagram Drive). G. RESOLUTION 96-189 APPROVING FINAL PLAT OF EDEN PRAIRIE GROCERY ADDITION VUL RED) H. APPROVAL PROPOSAL FOR DESIGN SERVICES FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF TH 169 AND FOUNTAIN PLACE, I.C. 96-5398 Regarding item IV.5. on page 3 of the Flying Cloud Airport Design Framework Manual (Item D), Case asked if our inspectors would inspect for conformance to our Building Codes. Jullie said they will apply for a permit, and we will do the review as on any other building. Case asked if they have cooperated. Jullie said they have gone through the permit process. Regarding Item H, Tyra-Lukens asked if we will have to go through the design process one more time if we are not selected for a cooperative project agreement for 1997. Dietz said we will design the project and get it ready to go in hopes of getting a cooperative agreement with MNDoT. The design will work whether it is a cooperative project or we do it on our own. If we do not get a cooperative CITY COUNCIL AGENDA November 5, 1996 Page 3 project agreement, the item will be brought back so the Council can decide whether to proceed. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve items A-G on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. CAMP EDENWOOD by Friendship Ventures. Request for Site Plan Review on 2 acres. Location: Indian Chief Road. Edenwood Camping and Retreat Center. (Resolution 96-190 for Site Plan Review) Continued from October 1, 1996 Enger said this item was continued at the October 1, 1996, City Council meeting, and referred to the Heritage Preservation Commission (HPC) for their review and recommendation prior to City Council action. He reviewed the recommendations of the HPC contained in their memo of October 29, 1996, noting that their preferred option is preservation of the building. He also reviewed the memo from Scott Kipp outlining three possible alternative building sites for the new dining facility. Harris asked if the figures presented for stabilization options would provide remodeling in order to put it to some other use. Enger said staff feels that an adaptive use has not been identified at this time and believes that costs to modify the building to be acceptable for any adaptive use would be close to the cost of reconstruction, at which point the value as a historic site would be destroyed. Harris asked if the options have been discussed with Friendship Ventures. Enger said they have discussed the option of an alternative site plan, and Friendship Ventures is concerned about additional costs and whose responsibility the maintenance and liability of the preserved building would be. Ed Stracke, president of Friendship Ventures, said they need to construct a year- round program center in order to provide a safe and sanitary place to prepare meals. Edenwood is the only program of its kind in the seven county metro area. The existing dining structure is not adequate to provide year-round services. They have no interest in looking at alternative uses for the garages and the dining hall. If they are required to keep the existing structures, the Board would have to look at whether they want to explore alternative locations. They are willing to offer a place in the new building that would document the history of the camp. Rolf Anderson, consultant to the State Historic Preservation Office, said most of the 14 county tuberculosis facilities in Minnesota have been demolished. The Glen Lake Children's Camp was a summer camp for children at risk for T.B. and, as such, is a rare reminder of the state's treatment of T.B. The facility is eligible for placement on the Register of Historic Places, and, as such, would be eligible for grant money. He asked the Council to consider ways to work together to find CITY COUNCIL AGENDA November 5, 1996 Page 4 solutions to preserve a very unique site. Pidcock asked if the Cannon Falls camp has been preserved. Anderson said that was demolished two years ago. Norma Anderson, resident of Eden Prairie and employee of Oak Terrace Nursing Home, said she took oral history of people who had anything to do with the Glen Lake facility and compiled it into a book for the 75th anniversary celebration. She said she has received repeated requests for copies of the book. Maxine Dixon, President of the Minnetonka Historical Society, urged the City to keep and restore the facility, noting that the Glen Lake Sanitarium building was demolished a few years ago so that facility if now lost. Tom Ferguson, representing the Eden Prairie Lions Club, said they have been involved in the camp for 20 years or so and are one of the few organizations that helped keep the camp afloat. His group made a commitment about six months ago to give$50,000 to help them kick off a new facility. The current building is not handicapped accessible and cannot be used year round. Mary Ann Johnson, an Eden Prairie resident, said her child uses the camp and there is a need for a larger building for year-round use of the facility. She noted that the old building would take a lot of upkeep. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Harris summarized the real issue as whether to preserve the building or move forward with the proposal from Friendship Ventures. Tyra-Lukens said she has a real soft spot in her heart for the Glen Lake Sanitarium and the camp is all that remains of that facility. It would be great to have the site on the National Register; however, the use of this facility for children is a high priority. It would be very expensive to retrofit the building. She did not think there is an adequate alternative site for the dining hall and there doesn't seem to be any good alternative use for the building that wouldn't jeopardize the privacy of the campus or present security issues. There are other very valuable sites in Eden Prairie that she would like to see saved. She thought the founder of the camp was concerned about children and would probably want this to be used by children who need it. She appreciated the work of the HPC in bringing this to our attention, but she would have to go with allowing demolition. Case said he encouraged continuing this proposal at the last Council meeting because he wanted to slow down the process on this project to ensure that what is happening tonight did indeed happen--that we as a city think very carefully about any decision to destroy an historical resource because architectural historical CITY COUNCIL AGENDA November 5, 1996 Page 5 resources are non-renewable. However, government decisions are never simple and this one is very complicated. First we have plain, simple, architecturally insignificant buildings that just happen to qualify for the National Historic Register because of the unique story of childhood suffering and hope that was played out during the TB epidemic of the 1920's here in Eden Prairie. But we also have a camp today creating its own story of hope and service amid childhood suffering in many ways memorializing the earlier work on the campsite 70 years ago. In addition there is the money problem. Who is going to pay to maintain the buildings and cover the liability insurance? What will happen to the site if Friendship Ventures finds it unworkable to stay? Case has a great desire for the people of Eden Prairie to know our heritage, to celebrate it, and to want to save it, but the city now owns and maintains three historic homes that cost us very little in annual expenditures. However, he would like to see the scope of those sites expanded in the future, and he was concerned how we will be able to do all that. Case said he will vote to permit Friendship Ventures to construct their new dining hall and in so doing destroy the historic structure there now. He cautioned everyone in city government that one of our greatest challenges over the next ten years will be to build community spirit and a sense of small town ambiance as we grow to be a city of over 65,000 people. He believes we can't keep the small town feeling and destroy our historic architecture right and left. While the decision was difficult, he thought the work Friendship Ventures does with challenged children in 1996 is possibly the best way to memorialize the work of the historic camp with challenged children of the 1920's. In government, people should always come first. Pidcock thought it is good to maintain buildings but not at the expense of children. The new facility will serve children well into the 21st century, and it is important to get them a decent dining room and have facilities that are comfortable. She thought we might memorialize the camp as it was in an historic display like that at Mayo Clinic. Thorfinnson thought the importance of this program to those who use it outweighs the importance of preserving the structure. Harris thought that even though this site is unique, the program that Friendship Ventures offers is also unique and there are so few programs available for people with developmental disabilities. She thought it would be possible to memorialize the history of the camp through documentation, photos and other means and urged that be taken into consideration as we move forward to approve the proposal. MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution 96-190 for Site Plan Review as originally proposed by Friendship Ventures on October 1, 1996, and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. CITY COUNCIL AGENDA November 5, 1996 Page 6 Case asked if the recommendation includes the $5,000 to meet the federal documentation requirements. Tyra-Lukens did not want the City to pay for the documentation efforts if there are state funds available. Thorfinnson withdrew the motion with the consent of Pidcock. MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution 96-190 for Site Plan Review as originally proposed by Friendship Ventures on October 1, 1996, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, and to direct Staff to document the site and make all efforts to obtain federal or state funding and, if such funds are not available, to return to the City Council for authorization to spend city funds for the site documentation. Motion carried unanimously. B. EDEN BLUFFS by Baton Corporation. Request for PUD Concept Amendment on 44 acres, PUD District Review on 1.53 acres, Zoning District Amendment in RM-6.5, Site Plan Review on 1.53 acres, and Preliminary Plat for 1.53 acres. Location: Sherman Drive at County Road 1. (Resolution 96-191 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution 96-192 for Preliminary Plat) Jan Zedlik, representing Baton Corporation, reviewed the proposal. She said they met with the neighborhood to discuss construction issues and concerns about building materials. Enger said the Planning Commission unanimously recommended approval of this project at its October 14, 1996 meeting, based on the recommendations of the Staff Report of October 11, 1996. He reviewed the cross access easement and the waivers to City Code that are required. The Parks, Recreation & Natural Resources Commission did not review the proposal. Referring to the Staff Report of September 6, Tyra-Lukens asked whether the cash contribution to sewer and water utilities in lieu of a NURP pond is a standard amount. Dietz said staff computes this by getting the cost to build ponds on larger sites. They then have an opportunity to apply the fees to another pond in the area at a future date. This is the way we have computed it for similar projects where it is not practical to build a pond on site. Jerry Marx, 10961 Old Wagon Trail, had not heard about the retaining wall and asked for more details. Zedlik said that had been discussed with a representative of Wooddale Building, and she was just relaying that discussion. Marx asked if she knew where it would be located. Zedlin said there will have to be some type of retaining wall at the point where it cuts into the existing property. Harris asked staff it they had more information about the retaining wall. Enger said he was aware of a difference in grade that will have to be addressed with the CITY COUNCIL AGENDA November 5, 1996 Page 7 grading permit as well as the issue of drainage. He was comfortable that those two issues will be addressed as part of the grading permit. 7oAnn Hazuka, 10647 Sherman Drive, was concerned because they have not seen the current easement between the association and don't know where that is coming from. She asked what sort of follow-up the City does with regard to inspections. Enger said there are ongoing inspections throughout the construction of the project. There are grading and site-planning inspections by the Engineering Department, various construction inspections and the final inspection at which a list of problems is prepared after a walk-through of the construction has been done. Harris asked staff about the issue of the easement. Enger said we would have to see the easement agreement before we would issue a building permit. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt lst Reading of the Ordinance for Zoning District Amendment within the Public Zoning District on 5.9 acres; to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations; and to direct Staff to duly note the concerns expressed by the neighborhood tonight. Motion carried unanimously. C. VICTORY LUTHERAN CHURCH EXPANSION by Victory Lutheran Church. Request for Zoning District Amendment within the Public District on 5.9 acres and Site Plan Review on 5.9 acres. Location: Eden Prairie Road at Berger Drive. (Ordinance for Zoning District Amendment) Orlando Narc, representing Victory Lutheran Church, reviewed the plans to construct a 4000 square foot single story addition on the east side of the existing church. Enger said the Planning Commission reviewed the proposal at their October 14, 1996, meeting, and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of October 11, 1996. The proposal was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock to close the Public Hearing; to adopt 1st Reading of the Ordinance for Zoning District Amendment within the Public Zoning District on 5.9 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. CITY COUNCIL AGENDA November 5, 1996 Page 8 D. BARTUS ADDITION by Dan Bartus. Request for Rezoning from Rural to Rl- 13.5 on 0.44 acres. Location: Baker Road at St. Andrew. (Ordinance for Rezoning) In the absence of proponent, Enger reviewed the proposal to rezone the property and construct one single`family home. He said the Planning Commission reviewed the request at their October 14, 1996, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of October 11, 1996. The request was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case to close the Public Hearing; to adopt 1st Reading of the Ordinance for Rezoning from Rural to R1-13.5 on 0.44 acres; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. CHAPTER 11, SECTION 11 03, SUBD3 C AMENDMENT TO CH AN E AVERAGE SETBACK CALCULATION Clarify regulation pertaining to average setback. (Ordinance) 7ullie said Staff is recommending that existing language in the City Code be modified so that the average front yard setback will be calculated with the principal structure on either side of the lot rather than to the average of all of the house setbacks within the entire block. Enger said the Planning Commission recommended approval of the proposed Code change on a 5-0 vote at its October 14, 1996 meeting. There were no comments from the audience. Tyra-Lukens asked if this pertains to single-family homes only. Enger said that was correct. Tyra-Lukens said she likes the idea in concept but wondered if there will be possible problems in neighborhoods where there are older homes. Enger said Staff and the Board of Appeals have had considerable experience with such situations and are recommending this change in order to allow the setbacks to be calculated better. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; and to approve 1st Reading of the Ordinance Amending Chapter 11 of the City Code relating to the average setback calculation. Motion carried unanimously. F. CHAPTER 11 SECTION 11 40, SUBD 6 , AMENDMENT CHAN IN MINIMUM AREA FOR KID FROM 15 TO 5 ACRES (Ordinance) 7ullie said Staff is recommending that the PUD regulations be amended by CITY COUNCIL AGENDA November 5, 1996 Page 9 changing the minimum 15-acre tract size down to a 5-acre minimum. The PUD process often can eliminate obstacles to creating greater variety and efficiency in land use planning. The present requirement of a 15-acre minimum is too large for many of the remaining parcels to be developed. The Planning Commission recommended approval of the proposed Code change on a unanimous vote at its October 14, 1996 meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfhmson, to close the Public Hearing; and to approve 1st Reading of the Ordinance amending Chapter 11, changing the minimum area for PUD from 15 to 5 acres. Motion carried unanimously. G. VACATION OF RIGHT-OF WAY FOR PART OF COLUMBINE ROAD IN RESEARCH FARM 2ND ADDITION (Resolution 96-193) Jullie said the new plat of Staring Lake Townhomes changes the alignment for Columbine Road from that previously established in the plat of Research Farm 2nd Addition. The property owners have requested this vacation to avoid property title concerns when the ownership transfer of Outlot C, Staring Lake, is completed. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 96-193 vacating right-of-way for part of the Columbine Road extension in Research Farms 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, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUI_yICATIONS A. REQUEST FROM THE SENIOR ADVISORY BOARD FOR A CANOPY AT THE SENIOR CENTER Jullie said the Senior Center Advisory Board is requesting that the Council authorize funding for the construction of a canopy for the rear entry to the Senior Center. The estimated cost is $8,800 to construct an 8 foot by 4 foot by 42 foot canvas canopy at the rear entrance. At this time, because no source of funding has CITY COUNCIL AGENDA November 5, 1996 Page 10 been identified for this project, Staff recommends that it be referred to Staff for inclusion in the 1998 budget process. Pidcock asked if this is a health and safety issue. Jullie said he thought this is an important item for the seniors and might alleviate some icy conditions; however, it does not impose any immediate danger or threat, and it would be important to balance this with other requests for our funding allocations. Tyra-Lukens was concerned about the length of the proposed canopy and its stability in the wind. She asked if a more permanent structure would be better. Jullie said Staff would review all of the alternatives and come back with an appropriate construction plan. Harris noted she had the same concerns. MOTION: Pidcock moved, seconded by Case, to refer the request from the Senior Advisory Board to Staff for inclusion in the 1998 Budget planning process. Motion carried unanimously. B. REQUEST FROM RESIDENTS TO ADDRESS UPCOMING EXPANSION OF COUNTY ROAD 4 BETWEEN HIGHWAY 5 & PIONEER TRAIL Jullie said our Engineering Staff, together with Hennepin County Public Works, has set up an open house meeting with the residents of the neighborhood in order to address questions that have surfaced regarding the upcoming expansion of County Road 4 between Highway 5 and Pioneer Trail. Notices have already been sent for this meeting which is scheduled for Thursday, November 7, beginning at 5:30 p.m. with a formal presentation at 7:00 p.m.. At this meeting Hennepin County officials will be prepared to address any changes in the construction plans, which have given rise to concerns on the part of residents abutting the project construction limits. Hennepin County plans to award a contract for this project early next spring. Prior to advertising for bids the County will need to have City Council approval of the final plans and specifications. That action is anticipated for January or February of next year. Jullie said we have received a petition from the neighborhood asking questions and expressing concerns. Those concerns will be addressed on Thursday evening. Cindy Chrzenowski, 16272 Mayfield Drive, reviewed the issues and concerns of the residents in the neighborhood. She thought a big mistake was made to allow homes to be built on each side of County Road 4 with no thought for expansion. She was concerned that the original plan called for dropping the grade along the Fairfield stretch and that grade-dropping has now been reduced. The early discussion of plans did not include a jogging trail along both sides of the road. She was concerned that this will have an impact on property values and that granting easements to the county would not stop them from widening the road further. She would like to have a sound barrier constructed along the road in order to increase safety for children in the neighborhood and to reduce noise levels. She also thought the utility lines need to be buried and they would like to know where the CITY COUNCIL,AGENDA November 5, 1996 Page 11 street lights, signal lights, and stop signs will be placed. They would like to know what restrictions will be placed on road signs. Chrzenowski said they would like to have the speed limit reduced to 30 mph south of Scenic Heights Road and would like the maximum load limit reduced to eliminate dangerous truck and trailer traffic. They would like stop signs to help control the traffic and access to County Road 4. She thought the expansion will create unsafe living conditions and would like the City to conduct a cost study of the property acquisition. Harris asked Ms Chrzenowski to provide her list of concerns to Staff so they can be addressed at the Thursday meeting. Michael Rush, 16907 Hanover Lane, asked if we are going forward with the construction at Scenic Heights Road near the proposed Hwy 212. Dietz said we do not have theeright of-way at this time but it is in the plans. Rush asked where the Planning Commission and the City Attorney are in the planning process for the County Road 4 expansion. Harris noted this has been in the works for eight years, but things changed in that period and we are now going back to look at the neighbor concerns. Dietz said the City gave approval to the preliminary plan 2-112 years ago but we need to compare the two plans to see where there might be differences. Rush asked if we have seen the variances and how much of the decision has been made. Tyra-Lukens noted that she has not yet seen the preliminary plan or the final plan. Harris said many of the questions being raised will be addressed on Thursday. Case was concerned that there may be a perception that nothing will happen between November 7 and when we vote in January. He would be open to making sure the concerns are being addressed. He noted this is not a question of county government forcing something on us because we have been begging for county dollars to upgrade our road system. Dietz said the final plans have been delayed in coming to us for review, but the County sent out notices to property owners and we are now reacting to their concerns. He said the County staff will be there on Thursday night. City Staff has not finished their review of the plans and, to the extent possible, they will try to get it to conform to the approved layout. Thorfinnson said we will be voting on the final plans before it is complete; however, he was concerned about the issue of notices and the timing of the project. He asked what the sequence is. Dietz said the County promised this project would go to bids this fall. They elected to begin the acquisition of right-of-way in order to preserve the possibility of beginning construction next spring. He said CITY COUNCIL AGENDA November 5, 1996 Page 12 preliminary conversations with the County indicate they can probably get the acquisition down to five feet and have talked to them about the possibility of using easements rather than permanent acquisitions. Thorfmnson asked if the County can start negotiations before the Council has approved the final plan. Dietz said they will probably start negotiations as soon as possible. He said it will come to the Council within the next month for approval. Harris asked Dietz to provide a summary of the November 7 meeting for the Council packets. Gary Bryndal, a resident of the Centex development, said he saw the original plans and was told this is the way it would be built. The new plan is not what was presented at the original meeting, and he is concerned that this is the road that will be built now. Dietz said since the original plans were presented 2-1/2 years ago the County hired a consultant to do the detail design. We have asked them to compare the approved plan to the plan now being proposed for final construction. Dennis Wittenberg, 9880 Crestwood Terrace, was concerned about the statement that the County would have significant control over the project. Dietz said this is their project and their money. We are participating in part of the cost, but they do expect and need the City approval to implement the project. We expect they would build in accordance to plans the City Council approves. Wittenberg asked why no subsequent consideration for traffic patterns have been taken into consideration. Dietz said the plans that were approved represented a compromise back then when the road was reduced from a divided facility to an undivided facility. The City Council tried to match the needs of the residents to the needs for transportation. Wittenberg asked how the Council looks at the plan for recreational facilities in the area. He was concerned that plans to put trails along both sides of a 45 mph highway do not take safety issues into consideration. Harris urged him to attend the Thursday evening meeting. Pidcock noted that we did raise the issue of trail crossing, and we have been concerned about safety along the trails and the issue of being able to cross the road. She was sure that these issues will be discussed at the Thursday meeting. MOTION: Pidcock moved, seconded by Tyra-Lukens, to refer the petition to Staff and to ask Staff to report back to the Council following the November 7 neighborhood meeting. Motion carried unanimously. Harris then changed the sequence of the Agenda to consider item XI.C.4. next. CITY COUNCIL AGENDA November 5, 1996 Page 13 4. Community Center Pool Report Lambert reviewed the Staff Memorandum of November 5, 1996, that presented an update on the status of the Community Center pool. They have received complaints on the air and water quality since mid-September. They have met with the pool staff and the swimming coaches from the Fox Jets and the school. They are trying to make the air and water quality as good as possible with the systems in place. They are asking the Council to authorize staff to contact the School District to see if they will join the City in selecting consultants to investigate the disinfectant system and air quality system. We would jointly review any reports from the consultants to determine solutions to make the necessary corrections that will fit the School District programs and the City programs in the pool. Once we have the suggested improvements and the costs for the improvements, we would have a joint meeting to review the options. Dave Rasmussen, 13598 Woodmere, said he is on the Fox Jets Board and thanked Lambert and Staff for addressing the concerns of the parents and swimmers. The Fox Jets have worked for many years to build the program to where it is now, and they would like to be included in the process for the recommendations that Lambert outlined. They offered to help study the issues and help with the implementation of the solutions. Harris could not see any reason to not include them. Rasmussen asked what the time frame will be to put this together. Lambert said they will make recommendations on an RFP within the next couple of weeks, select or recommend consultants within the next month to six weeks, and then get a report from the consultant six to eight weeks after that with cost estimates. They might be able to come back to the Council in February or March with solutions and costs. Harris asked if there are any other groups that should be included. Lambert said just the schools and the Fox Jets. Case asked if the joint committee could look at some more immediate corrections of the problem, such as moving programs to Oak Point so we can drop the temperature at the Community Center pool. Lambert said they will discuss that with the School staff. Case asked if a list of small "interim" modifications would come out of the meetings. Rasmussen noted they have taken some of those interim steps themselves. Tyra-Lukens was eager to see a solution to this problem; however, she noted that a representative of the Health Department said that some people can remain hypersensitive to chlorine despite changes that might be made. Brian Boysen, 17683 George Moran Drive, said his two daughters have participated in swimming at the school and with the Fox Jets. He was CITY COUNCIL AGENDA November 5, 1996 Page 14 involved several years ago in work to correct the problems at the Community Center. Those problems really have not been corrected yet. He thought the School District will be an important part of the process and would encourage the Council to recommend that parents be involved in the process. MOTION: Pidcock moved, seconded by Tyra-Lukens, to refer this matter to Staff and to direct Staff to confer with the School District Staff and representatives of the Fox Jets to jointly develop a request for proposal from Pool Consultants to review the air quality issues at the Community Center swimming pool, per the Staff Agenda Report of November 5, 1996. Motion carried unanimously. C. REQMT FROM POST CONSTRUCTION REGARDING STREET AND UTILITY IMPROVEMENTS Jullie said Staff has agreed to set up a neighborhood meeting for next Thursday to discuss the request from Post Construction. He said Post Construction has received Preliminary Plat Approval and First Reading for their proposed seven lot development along Sunnybrook Road. We have been discussing with them the various options for constructing the required public improvements for both Sunnybrook Road and their property as well. Post is requesting the City's approval at this time for them to be able to construct all of the improvements on their property plus those on Sunnybrook Road which would also abut their property. They believe that it may be possible that their costs will be lower with this plan rather than lumping all of the work together under a City assessment project with Sunnybrook Road. They would need a private cost participation agreement with two other property owners to make their plan feasible. At this time we are not aware that they have secured such commitments. Jullie said we believe the best process for all the property owners involved in this neighborhood is to put all the street and utility work together as one City Improvement Contract. A new Feasibility Report would be prepared and a Public Hearing process conducted. Post Construction has no experience with Public Works contracts which makes us hesitant to allow them to proceed on their own. Also, allowing Post to do only a portion of the total project will apparently increase the cost for the other residents to the west along Sunnybrook Road. Barry and Brian Post, 12381 Sunnybrook Road, reviewed their request to extend the sewer down Sunnybrook Road. They have tried without success to create a Developer's Agreement. There are areas that create additional costs--the Nurp pond has increased in size, the sewer will have to be deeper and bigger pipe will be required and bigger pipe will be required than was proposed in the Feasibility Study, and they had to obtain new wetlands for mitigation. They asked if they are operating under a "first-timer's" rule. Harris said there is nothing in the statutes about "first timers". She thought there are enough questions that we may need to CITY COUNCIL AGENDA November 5, 1996 Page 15 look at this again, and she would like to send this back to Staff so they can review the situation and return to the Council with recommendations. Barry Post asked if the City Council could keep them from building the sewer since they own the property on both sides of the road. City Attorney Pauly said the City has control over its own rights-of-way and utilities. Barry Post asked what we are expecting at the November 7 neighborhood meeting. Jullie said we expect that the Posts will have a proposal for discussion, and we would try to work out a compromise solution. Barry Post said he feels that Post is paying more than their share of the 26 assessments along the road. Dietz said we do not change the assessment rate because one basement is lower than the other--everyone has sanitary sewer service and everyone benefits from that. The benefit exists and the property is improved by that amount of money. Brian Post said it will be difficult for the Posts to present what they would do, since they do not know what they can do. They are asking the Council if they would give Post Construction permission to do this contract. Case was concerned that we don't know'what the impact would be on the rest of the neighborhood if Post Construction builds the sewer. MOTION: Case moved, seconded by Pidcock, to refer this matter back to Staff for inclusion on the next Council agenda following the proposed neighborhood meeting. Motion carried unanimously. Brian Post asked that Alan Gray attend the meeting. Dietz noted Staff understood the Posts were going to defer this action so Mr. Gray made other plans for this evening. Gray will attend the next meeting. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. APPOINTMENT TO THE BOARD OF ADJUSTMENTS & APPEALS TO FILL AN UNEXPIRED TERM THROUGH MARCH 31, 1999 Jullie said a vacancy has occurred on the Board of Appeals & Adjustments with the recent resignation of Tim Nelson. Pidcock nominated William Ford. MOTION: Pidcock moved, seconded by Thorfinnson, to appoint William Ford to fill the unexpired term through March 31, 1999 on the Board Adjustments & Appeals. Motion carried unanimously. CITY COUNCIL AGENDA November 5, 1996 Page 16 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Invite Met Council to Discuss Vision for Eden Prairie Affordable Housing and Transportation Pidcock said the Met Council gave a presentation to Suburban Transit on their expectations for cities such as Eden Prairie in the areas of housing and transportation. She suggested it would be good to have them come out and give a similar presentation to the Council and Planning Commission. She thought we could invite them to be part of our up-coming meeting with the Planning Commission. We would have an opportunity to ask them questions. The consensus was that this is a good idea, and Staff will take action to issue the invitation. 2. Appointments to Boards and Commissions Next Year Thorfinnson said he had a conversation with Natalie Swaggert about last year's process to make appointments to Boards and Commissions. He noted we got a lot of positive feedback on the open house for potential appointees to Boards and Commissions. He thought we should build on that and make the open house the focus of the process. They will bring a revised process to the next meeting. It will include interviews as always, but the open house will lead things off. 3. help Day Harris said Paragon Cable is trying to connect kids with community service opportunities by sponsoring a Help Day on November 23rd. They are encouraging everyone to participate in helping kids make a difference in our community through volunteerism. 4. Invitation to Chamber Harris thought we should set up a joint meeting with the Chamber as they are an important component of the community. Other Council members agreed and Staff will arrange the meeting. CITY COUNCIL AGENDA November 5, 1996 Page 17 B. REPORT OF CITY MANAGER 1. Workshop Schedule Jullie said we are scheduled for a joint meeting with the School District on Tuesday, January 28, 1997. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Request from The Trails Association Regarding Trail Easement Lambert reviewed the request from the Trails Association to exchange plant material for a trail easement through The Trails Townhouse Association, as outlined in the Staff Report of November 5, 1996. He said this issue was presented to the Council about 1-1/2 years ago when the Association found out that the trail was a City trail, not a private trail as we had assumed. The developer had intended to dedicate the trail to the City but did not do so. The City wanted to keep the trail because the public trail ties into it. Lambert said The Trails Association held meetings with their membership to discuss the situation and came up with a recommendation to sell the trail easement to the City for the gift of 45 trees that the City would purchase and plant to help screen the neighborhood from Anderson Lakes Parkway. They want to be assured the City would be responsible for paying for the survey and drafting the easement documents as well as providing signage necessary. They would like to have some input on the location of the trail. Lambert said Staff supports the request and estimates we can acquire trees wholesale and pay for the other improvements at a total cost of$8,000 to $10,000. He thought this is a good decision to try to keep the trail corridor. Harris asked if this runs along Anderson Lakes Parkway. Lambert said it runs from the underpass through the Trails Association to their southern boundary. Case asked if this would be paid for with cash park fees. Lambert said it would if the Council so directs. A representative of The Trails Association reviewed their recommendations about the type of trees that should be planted. Their association would like to see a plan for the widening of Anderson Lakes Parkway to see how much property will be taken. Lambert said he thought the majority of the road expansion will occur on the north side of the road. The representative CITY COUNCIL AGENDA November 5, 1996 Page 18 said they would prefer to sell or grant the trail property rather than give an easement as they are also concerned about their liability for bike riders on the trail. Lambert said we would prefer an easement so that we would maintain the trail, but the association would maintain the mowing. We could make sure to spell out that the City accepts liability for the trail use by the public. A discussion followed regarding the issue of primary liability. Pauly thought the exposure is limited, but he would check this out. MOTION: Pidcock moved, seconded by Thorfinnson, to extend the meeting to 11:20 p.m. Motion carried unanimously. The Trails Association representative recommended that something be done about the turn in the trail by the rock wall. They would like the signage to complement the trail signage and would like the legal work done by the City. Lambert said the trees will be planted in the spring, and the signage will be done as soon as possible. The trail reconstruction will be done sometime next year. MOTION: Case moved, seconded by Pidcock, to approve the agreement with the Trails Association Board to exchange plant material for a trail easement through this Townhouse Association in accordance with the Staff Agenda Report of November 5, 1996. Motion carried unanimously. 2. Proposal for Traffic Study at Flying Cloud Fields Lambert said Staff is now comfortable with proposing some permanent improvements in the ball fields now that the expansion plans for the airport have been revealed. They would like to do a traffic study and get quotes for an irrigation system for the ball fields. MOTION: Case moved, seconded by Thorfinnson, to approve the proposal from Benshoof and Associates, Inc. to complete a traffic parking study for the Flying Cloud ballfields, and to further authorize the Staff to obtain quotes on irrigating the remaining portion of the site that is not irrigated at this time, as per the Staff Agenda Report of November 5, 1996. Tyra-Lukens said she wanted to have the chloramine issue at the pool taken care of before irrigation of the ballfields. Vote on the Motion: Motion carried unanimously. CITY COUNCIL AGENDA November 5, 1996 Page 19 3. Proposed 1997 Cash Park Fees Lambert said the Parks Commission believes we are underestimating the value of land and should base the fee on a greater value which translates into an increase to $1400 per unit. MOTION: Thorfinnson moved, seconded by Case, to increase the residential cash park fees to$1400 per unit, per the recommendation of the Parks, Recreation and Natural Resources Commission. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XIH. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:20 p.m.