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City Council - 12/17/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 17, 1996 7:30 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 Mayor Harris called the meeting to order at 7:35 p.m. All members were present. PRESENTATION TO COUNCILMEMBER PATRICIA PIDCOCK Mayor Harris presented a key to the City to Councilmember Pidcock in recognition of her many years of service to the City. DONATION FROM ELAINE JACQUES FOR RILEY/JACQUES HOMESTEAD Jane Hession, Chairperson of the Heritage Preservation Commission, said Mrs. Jacques has offered $5,000 for the restoration of a farm building on the Riley-Jacques homestead. Mrs. Jacques said she has been a resident of Eden Prairie for many years and would like to see the homestead repaired and restored. On behalf of the Council, Harris thanked Mrs. Jacques for her generous donation. MOTION: Pidcock moved, seconded by Case, to approve the donation of five thousand dollars to the City by Elaine Jacques for the purpose of restoration of the Riley-Jacques farm granary building and to agree to the conditions of the donation offer. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added items M.A.1. Boulevard Trees, M.A.2. Marina on the Minnesota River, and M.A.3. Lakes with Public Trails on the Perimter. Thorfinnson added items M.A.4. Snowplowing and M.A.5. Reconsider Albin Chapel at First Meeting in January. Harris added-item M.A.6. Appoint Councilmembers to Perform Annual CITY COUNCIL MINUTES December 17, 1996 Page 2 Review of City Manager. Jullie added item M. E.1. Agreement with NSP and moved item IX. E. from the Consent Calendar to item IX. C. 2. MOTION: Pidcock moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM Annette O'Connor, a realtor with Burnet Realty, said she has an issue regarding directional signs and the ordinance regarding signs in the City. She said Wooddale Builders found traffic has come down quite a bit in the last few months, and they would like to try a sign project. She asked how many signs are allowed. Enger thought the number is 12 off-site signs. O'Connor then asked if there is any way to increase that number. Harris said that would require an ordinance by the Council and asked her if she had discussed this with Staff. O'Connor replied that she had not. Harris suggested she talk to staff about the issue. Delevan Dye, 15405 Fairway Drive, said he represents the Homeowners Association there, and they are concerned as they have watched the progress on Bent Creek Cove. They would like to see that proper ground stabilization is done on the site because they believe there may be a problem after watching them move the fill. M. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, NOVEMBER 26, 1996 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, November 26, 1996. Motion carried unanimously. B. JOINT CITY COUNCIL/BOARD OF ADJUSTMENTS & APPEALS MEETING HELD TUESDAY,DECEMBER 3, 1996 Harris changed Page 1, Paragraph 3, Sentence 3 to "the major battle would be between the cities and the telecommunication companies over placement of antennas." MOTION: Pidcock moved, seconded by Case, to approve the Minutes of the Joint City Council/Board of Adjustments & Appeals Meeting held Tuesday, December 3, 1996, as published and amended. Motion carried unanimously. CITY COUNCIL MINUTES December 17, 1996 Page 3 C. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 3, 1996 Tyra-Lukens changed Page 4, Paragraph 5, Sentence 2, to "She asked Staff to make clear to the developer that we don't see the immediate need for 50 parking spaces but rather there is a need to reserve the space for those parking spaces." Lambert changed Page 5, Paragraph 6, Sentence 1, to "...was concerned about the grading and tree loss..." Tyra-Lukens changed Page 8, Paragraph 4, Sentence 1, to "Tyra-Lukens commented they had exceeded the number of signs, placed them on park property, and the signs had not been removed by 9:00 a.m." Tyra-Lukens said the last half of Paragraph 3 on Page 9, starting with 'anger noted ..." was misplaced and should be moved to become the first full paragraph on the page,just before "Since the signs cost..." MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the City Council Meeting held Tuesday, December 3, 1996, as published and amended. Motion carried unanimously. D. TRUTH IN TAXATION HEARING HELD WEDNESDAY, DECEMBER 4. 1996 MOTION: Pidcock moved, seconded by Thorfinnson, to approve as published the Minutes of the Truth in Taxation Hearing held Wednesday, December 4, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CAMP EDENWOOD by Friendship Ventures. Approval of a Developer's Agreement for Camp Edenwood. Location: 6350 Indian Chief Road. C. ADOPTION OF RESOLUTION 96-204 RELATING TO AMENDMENTS TO THE SUBURBAN TRANSIT ASSOCIATION JOINT AND COOPERATIVE AGREEMENT D. APPROVAL OF 1996 SNOW AND ICE CONTROL POLICY F. RESOLUTION 96-205 AWARDING 1997 MATERIALS BID,I.C. 97-5428 G. RESOLUTION 96-206 APPROVING FINAL PLAT FOR BENT CREEK COVE 0ocated south of Valley View Road west of Howard Lane) CITY COUNCIL MINUTES December 17, 1996 Page 4 H. RESOLUTION 96-207 APPROVING FINAL PLAT FOR LOTHENBACH ADDITION(located within the Bearpath Project) I. RESOLUTION 96-208 APPROVING CONSTRUCTION PLANS AND SET BID DATE FOR CSAH 4/EDEN PRAIRIE HIGH SCHOOL ENTRANCE PROJECT,I.C. 96-5404 J. APPROVAL OF INFORMAL PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES FROM SRF FOR FLYING CLOUD DRIVE/SHADY OAK ROAD INTERSECTION IMPROVEMENTS K. APPROVE DISSOLVING THE EDEN PRAIRIE COMMUNITY NEEDS & RESOURCE COUNCIL AND APPROVE CITY'S PARTICIPATION IN THE EDEN PRAIRIE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A D and F-K of the Consent Calendar Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. BEARPATH 7TH ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. (Resolution 96-209 for Comprehensive Guide Plan Change, Resolution 96-210 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution 96-211 for Preliminary Plat) Continued from December 3, 1997 Jullie said this is a continued Public Hearing from the November 19, 1996 and December 3, 1996 Council meetings. At the December 3rd meeting the Council continued the item to December 17 to allow the City Staff adequate opportunity to review the revised grading plan Bearpath submitted and to determine proponents responses to the Council direction from the November 19, 1996, Public Hearing. The Council direction was to reduce impact on the shoreline, move the location of the trail to the high and dry ground from the boardwalk proposed on piers, and reduce the tree loss. Jeff Anderson, attorney for Bearpath, said their proposal is consistent with the requirements with guidelines and ordinances. They are unaware of any requirements with respect to the trail they had offered to build. They have presented an alternative plan that cuts the tree loss to 28%, which is within the City.guidelines. He said the neighbors across the lake will view the hillside where approximately only 11% of the trees will be removed. CITY COUNCIL MINUTES December 17, 1996 Page 5 Anderson said 4,000 feet of trail have been proposed by the City with park dedication to be used against that trail. The boardwalks have been considered by the Council in conjunction with some of the nature parks in the community. They are willing to give a 75-foot conservation easement at the ordinary high-water mark at which the trail would lie. Enger said Staff made a recommendation on the plat as proposed by the developer. He said the developer was not willing to eliminate Lot 6 at the last meeting, but they are now willing to consider eliminating that lot and an extra cul-de-sac to reduce tree loss.. in that area. He outlined three alternatives for Council consideration: outright dedication rather than cash park fees with 150-foot setback from the high water mark, the first 75-feet of which is a shore impact zone; require a conservation easement of the 150 feet of shoreland setback that would prohibit vegetation cutting or planting, leave the trail in the same place as proposed, and require the cash park fee; or require the 150 foot conservation easement, a trail easement within the high and dry lands, and the cash park fee to be paid. Case asked if the $40,000 out of$80,000 of the cash park fees for the trail was something new, and if we could have them put in the $80,000 trail system without loss of cash park fees. Lambert said the developer made presentations to the Planning and Parks Commissions proposing the building of the trail, but this is the first time he had heard of the request for a decrease in park fees. Lambert noted the formula for cash park fees is based on developing the park system, not the trail system, and the City looks at trails as part of the transportation system. It is the developer's responsibility to put in the trails as part of the transportation system. He would not recommend giving up the cash park fees for part of the trail. Case asked if we could end up with a cheaper trail than what we want or a different placement. Lambert said we have consistent recommendations to all developers that trails and sidewalks will be built to city specifications. Case said they proposed using materials that were better than what we would use. Lambert said if they are now proposing to change them,we should hear what it will be. Tyra-Lukens asked for clarification on the developer being willing to do a 75-foot conservation easement. Enger said there are two issues. The shoreland ordinance covers the first 75 feet of the 150-foot setback. Whether there is a conservation easement on top of that is a matter for discussion, but they did offer to put a conservation easement on the first 75 feet in addition to complying with the ordinance, which would give the City double legal protection. Pidcock asked if the easement is in perpetuity. Enger said the normal form of easement would make that perpetual. Pidcock then asked if there would be no possibility of a claim back from the developer to recover it. Enger said we have had some experience that, in a small percentages of cases as development is underway there is a request for an adjustment. CITY COUNCIL MINUTES December 17, 1996 Page 6 Larry Zieske, 18803 Magenta Bay, said the general attitude of the Winfield neighborhood is negative to this proposal. He thought it was encouraging that City staff has looked into this, and he liked the option proposal to make the entire 150-foot easement area a conservation zone allowing no planting, disruption of planting, grading or construction of buildings. The proposal for a boardwalk will have a major impact on the area, and they request that the requirements include the trail to be maintained on the high and dry land at the 879-foot elevation in order to have the least amount of disturbance. Tom Weingarten, 18762 Erin Bay, said the difficult issue for those who built on the other side of the lake is that they were led to believe this land was set aside as forested land. This proposal will cause that land to lose its status as forest. The lake will also lose the status of a wildlife lake. He said none of the neighbors were included in the development of this project as other neighborhoods have been included in other project development. He was opposed to the project and thought it is a poor choice for our resources. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing, Motion carried 4-0-1 with Pidcock abstaining. Harris suggested we discuss two separate issues, the conservation easement and the placement of the trail. Case said at the previous hearing he was concerned about the trail placement in the marsh area because he thought that was used as an excuse to move the lot line closer to the water. He is not as concerned about that as about the conservation area. He is concerned that there is no penalty for what occurs within the conservation easement once a violation occurs, since it is a good faith agreement between the developer and the City. They work very well when the neighborhood likes them and agrees with them, but they work very badly when the neighbors don't agree. Rosow said under the conservation easement the City could get an injunction against further cutting and could get a mandatory order for restoration. Case thought we might be able to retain control through some other mechanism. He would be much more comfortable if the first 75 feet off the normal high water mark would be absolutely untouched. He would like to see that owned as an outlot of Bearpath. The next 75 feet would be retained by the individual landowners, and we could put a less stringent easement on that. This would leave 50 feet of yard space between the house pads and the easement. Tyra-Lukens asked what would be the protection against developing the outlot in five to six years if we are able to reach an agreement to designate the outlot. Rosow said they would not be able to subdivide the outlot without coming back to the City Council, and, if they conveyed it to the lot owners, they would have to subdivide. CITY COUNCIL MINUTES December 17, 1996 Page 7 Harris asked if the retention as an outlot is that much more stringent than the standard 75 foot easement. Rosow said it is no more stringent in a legal sense,but it would be in an accountability sense in that there would be one entity to go to and it would be easier to administer. Thorfinnson thought we don't seem to trust the people who have bought the lots, and we are holding Bearpath and the people who will buy lots in the development to a higher standard. Case said as he looks at the City historically, he would have liked to do some things differently, and he would like to set a precedent to do things this way. He thought this gives us a sense of another body to go to before an individual makes a choice and may avoid some of the problems that have occurred on some other lakes. Thorfinnson asked if, for every proposal with a conservation easement, we would ask the developer to dedicate an outlot. Case said we would for anything that is around water, and where the shoreline ordinance applies, then the 75 feet would be an outlot. Thorfinnson thought that will devalue the lot. Case thought it is a means to put one more step into the process of protecting the easement and would be for the good of all the citizens of the community. He was concerned that there are people in the City who are cutting trees down to improve their view of the lake. John Vogelsbacher, representing proponent, said no matter who owns the property or if it is an outlot, the trees are still at risk. The trail they proposed would provide a definite subdivision between the real estate and the lake. He said they would call attention to the easement when a lot is purchased, but they can't guarantee performance. Thorfinnson asked him to elaborate on how the trail provides a natural barrier. Vogelsbacher said the trail is proposed between the 75-foot easement and the water's edge. He said 90% of the trees on the slope from the lake are saved. He noted there is another point in the process with the review of each individual development project. Harris did not think we can legislate an ironclad policy, rather that it depends on the individual and the circumstances. Tyra-Lukens thought the outlot would put that 75 feet at another level of accountability. Harris thought the trail should stay where it is so that it will be on high and dry land on one end and will come near the water on the other, thus offering an opportunity for educational use. CITY COUNCIL MINUTES December 17, 1996 Page 8 Tyra-Lukens asked if we are dealing with the revised plan that does not have a cul-de-sac. Harris said it is the staffs redrawn plan. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 96-209 for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.7 acres, and Resolution 96-210 for Planned Unit Development Concept Review on 489.7 acres, subject to Commission and Staff recommendations; to adopt 1st Reading of an Ordinance for Planned Unit Development District Review on 28.75 acres and Rezoning from Rural to R1-13.5 on 28.75 acres, subject to the Staff recommendation of 38 single-family lots and the establishment of a conservation easement outlot along the first 75 feet from the normal high-water mark with the goal to leave the shoreline ordinance in its present state to remain under the governance of the Bearpath Board of Directors and the next 75 feet of the 150-foot easement to remain with the individual lots and to be a limited conservation easement; to adopt Resolution 96-211 for Preliminary Plat of 69.70 acres into 38 lots, subject to Commission and Staff recommendations and the establishment of the conservation outlot as part of the 150-foot easement; and to direct Staff to prepare a Development Agreement incorporating the recommendations of Commission and Staff and to include provision for the trail as set forth in the plans. Tyra-Lukens noted we need to clarify the cash park fees. AMENDMENT TO THE MOTION: Thorfinnson moved, seconded by Case,to include provision for payment of full cash park fees. Anderson was confused since the 75-foot easement has expanded to 150 feet, and he was unsure about the second tier conservation easement. Harris said a 150-foot easement might be interpreted as any other 150-foot easement, but the difference is the first 75-feet of the easement is under different ownership. Enger said the first 75 feet would be the City's traditional conservation easement owned by Bearpath, while the second 75 feet would be made up of the shoreland ordinance language and language from the tree ordinance. Anderson said their initial offering was that they were viewing this as a hybrid and now they are building the trail and putting restrictions on property and being asked to do the cash park fees. This may mean this is a different project than others in the past. Rosow said the question is whether the developer is in a position to agree to the proposed action. Vogelsbacher asked if the City would continue a program similar to this for wetland setbacks of 150-feet and no disruption of trees within that area. Case said every project is unique, but that would be his intent. Vogelsbacher said they have changed the plan repeatedly to meet all the City ordinances, and he was frustrated because he sees this as an action solely identified CITY COUNCIL MINUTES December 17, 1996 Page 9 for this particular property. He didn't understand the rationale behind the 150-foot conservation area since they have a grading plan that indicates trees that will be taken down for each individual home. The plan will be reviewed by staff each time a home is built, and he didn't think it is fair to place a burden on them that isn't placed on other subdivisions. He did not think this is reasonable in consideration of the process they have gone through. VOTE ON THE AMENDMENT: Motion carried 4-0-1 with Pidcock abstaining. VOTE ON THE MOTION AS AMENDED: Motion carried 4-0-1 with Pidcock abstaining. Rosow said he would prepare a resolution of findings, conclusions and decisions regarding the decisions on PUD District Review and would present them after the next agenda item. B. EDEN PRAIRIE MALL EXPANSION by General Growth Properties, Inc. Request for Planned Unit Development Concept Review on 87.13 acres and request of the City Council and Housing & Redevelopment Authority to Create Redevelopment Project No. 5 and Approve the Redevelopment Plan Relating Thereto and Creating Tax Increment Financing District No. 13 and Approve the Tax Increment Financing Plan Relating Thereto. Location: Eden Prairie Mall at Highway 169 and Prairie Center Drive. (Resolution 96-212 for PUD Concept Review and Resolution 96-213 creating Redevelopment Project No. 5 and Approving the Redevelopment Plan relating thereto and Creating Tax Increment Financing District No. 13 and approving the Tax Increment Financing Plan relating thereto) Mayor Harris announced this will be a Joint Public Meeting involving both the City Council and the Housing & Redevelopment Authority (BRA). She convened the BRA for this project, and stated the Council Hearing and the required HRA Meeting will be conducted simultaneously. Jullie said the official notice for this Public Hearing was published on December 5, 1996 in the Eden Prairie News and mailed to 47 property owners within the project area. The request is for Planned Unit Development Concept Review of 87.13 acres to allow the renovation of the Eden Prairie Center. Bill Mosten, representing General Growth Properties, reviewed details of the proposed redevelopment that will be 1,200,000 square feet when finished. Construction of the two new department stores and the big box area is scheduled to begin in the spring. Tom Brink, architect with Park Hill Associates, reviewed the design features of the mall, including the arena area and the themes of the development. CITY COUNCIL MINUTES December 17, 1996 Page 10 Mosten said they have been working closely with City staff to put TIF financing into effect. They have discussed options to incorporate civic uses into the space. James Casserly, of Casserly, Molzahn & Associates, Inc., Attorney for General Growth Properties, Inc., reviewed the three elements of the redevelopment plan and the methods to be used to finance the redevelopment activities. Enger said the Planning Commission at the November 25, 1996, meeting recommended approval on a 7-0 vote of the request for PUD Concept Review on 87.13 acres based on plans dated November 22, 1996, and subject to the recommendations of the Staff Report of November 22, 1996. He said one of the issues talked about was that General Growth is asking for a waiver of parking standards down from 5.5 parking spaces per 1000 to 5 per 1000. He said they are prepared to build a parking deck in the future if it becomes necessary. Scott Haynes, 10449 Huntington Drive, said he has spoken to Council members, City staff and General Growth representatives about his concern that they consider the need for public space such as is provided at Edinborough Park in Edina. This is a rare development project in the City's history, and he wanted to make sure that the issues of City use and public access have been considered. He also asked if the issue of loitering will be dealt with. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Harris noted that the designated space for the City and the park with skating rink were an outgrowth of citizens' comments that reflected those of Mr. Haynes. She noted that the City will also be developing open space around the Flagship area as a major recreational area. Mosten said one of the concepts they have been encouraging is the idea of a children's play area and they are currently discussing what the theme of that area will be and where it will be located. They have also met with Southwest Metro as they believe the link with the transit system is vital. Pidcock noted she received a call from Southwest Metro stating their pleasure with the cooperation from General Growth. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing; to adopt BRA Resolution 96-3 creating Redevelopment Project No. 5 and Approving the Redevelopment Plan relating thereto and creating Tax Increment Financing District No. 13 and Approving the Tax Increment Financing Plan relating thereto; to adopt HRA Resolution 96-4 authorizing Execution and Delivery of a Contract for Private Redevelopment By and Between the Housing and Redevelopment Authority in and for the City of Eden Prairie and HO Retail Properties I Limited Partnership. Motion carried unanimously. CITY COUNCIL MINUTES December 17, 1996 Page 11 MOTION: Thorfinnson moved, seconded by Pidcock,to close the HRA meeting. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 96-212 creating Redevelopment Project No. 5 and Approving the Redevelopment Plan Relating Thereto and Creating Tax Increment Financing District No. 13 and Approving the Tax Increment Financing Plan Relating Thereto; to adopt Resolution 96-213 for PUD Concept Review for Commercial on 87.13 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Rosow then presented a Resolution of Findings, Conclusions and Decision regarding PUD Review and Rezoning, Comprehensive Guide Plan Change and Preliminary Plat for item V.A. BEARPATH 7TH ADDITION. (Resolution 96-219) MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 96-219 presenting findings, conclusions and decision regarding PUD Review and Rezoning, Comprehensive Guide Plan Change and Preliminary Plat. Motion carried 4-0-1, with Pidcock abstaining. C. BEARPATH 8TH ADDITION by Ron Clark Construction. Request for PUD Concept Amendment on 2.3 acres of the overall 420 acre Bearpath PUD, PUD District Review on 2.3 acres, Zoning District Change from RM 6.5 to R1-13.5 on 2.3 acres, and Preliminary Plat of 2.3 acres into six single family lots. Location: East of Bearpath Trail South, west of Dell Road and south of Hennepin County Regional Rail Authority. (Resolution 96-214 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution 96-215 for Preliminary Plat) Shaun Laftka, representing Ron Clark Construction, reviewed their request to subdivide a property originally designated for twin homes into six single family home sites. Enger said the Planning Commission reviewed the project at the November 25, 1996, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of November 22, 1996. This was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 96-214 for PUD Concept Amendment on 2.3 acres of the overall 420-acre Bearpath PUD; and to approve 1st Reading of an Ordinance for Planned District Development Review on 2.3 acres and Zoning District Change from RM6.5 to R1-13.5 on 2.3 acres; to adopt Resolution 96-215 for Preliminary Plat of 2.3 acres into six single-family lots; and to direct Staff to CITY COUNCIL MINUTES December 17, 1996 Page 12 draft a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. VACATION 96-10: DRAINAGE AND UTILITY EASEMENT IN LOTS 14 AND 15,BLOCK 5,BEARPATH SECOND ADDITION(Resolution 96-216) Jullie said it is necessary to vacate drainage and utility easements along the common lot line in order to allow the combination of Lots 14 and 15 into a single lot in the Bearpath 2nd Addition. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing, and to adopt Resolution 96-216 vacating Drainage and Utility Easement in Lots 14 and 15,Block 5,Bearpath Second Addition. 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 A. 1ST AND 2ND READING TO ORDINANCE NO, 54-96 AMENDING CITY CODE SECTION 4,04, SUBD, 1. AND SECTION 4,05, SUBD. 3 RELATING TO INVESTIGATION AND GRANTING OF LIQUOR LICENSES Jullie said the changes in the City Code will allow the renewal of the Brunswick Family Fun World Liquor License and accommodate the proposed mini-brewery. The opening date of the brew pub is January 18, 1997, and the brewing process needs to begin at least 14 days prior to the opening. Due to this time frame, it is necessary for both 1st and 2nd Readings to be held on December 17. MOTION: Thorfnnson moved, seconded by Pidcock, to adopt lst and 2nd Readings of Ordinance No. 54-96 Amending City Code Chapter 4. Motion carried unanimously. VM. PETITIONS,REQUESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS IN WYNDHAM KNOLL NEIGHBORHOOD FOR DEVELOPING TRAIL SYSTEM IN THE EDENBROOK CONSERVATION AREA Lambert said last summer they received a petition from residents in the Wyndham Knoll neighborhood for developing a trail system in the Edenbrook Conservation CITY COUNCIL MINUTES December 17, 1996 Page 13 Area. He said the Parks, Recreation & Natural Resources Commission held a Public Meeting on this item at their December 2 meeting and there were approximately 100 residents in attendance. All but two who spoke were opposed to the trails within the conservation area. The majority were in favor of extending the 8-foot asphalttrail along the east side of Dell Road from Ticonderoga to Duck Lake Trail. He said there were concerns from the residents about the kind of trail and how close it would be to their homes. The Parks Commission recommended that the City continue to plan for development of the eight-foot asphalt trail on the east side of Dell Road. They also recommended that the concept of a trail through the conservation area be retained, but eliminate the project in the Five-Year CIP. Harris agreed that the eight-foot trail should be addressed first; however, she thought this particular trail system has continually been reprioritized, and she asked that the Commission consider getting minimal construction on part of this trail system and put it on a time schedule. Considering the number of limited dollars for parks and recreation services, Tyra-Lukens had concerns with moving this up to a higher priority than those items that are safety items. Harris asked Staff to look at the trail the neighbors are already using in the area and consider a minimal upgrade for use by those who live near the trail. Lambert said some of the trails were originally developed by people using snowmobiles and ATVs. Tyra-Lukens asked if there is actual construction there. Lambert said there is not. Case asked if we have a master 10 or 20-year plan that would complete the entire system. Lambert said there is a ten-year plan, but it would take 25 years to complete with reasonable expectations in terms of funding. Case asked what the completed system looks like and if there is a priority system in place. Lambert said we have a working map, and he could bring it in. Each January the Parks Commission reviews all of the segments of the plan and prioritizes them. There is some money budgeted each year to build sections. The Parks Commission will evaluate this segment, but it should be fairly high in priority. MOTION: Pidcock moved, seconded by Case, to construct an 8-foot asphalt bikeway along the east side of Dell Road between Tristam Way and Duck Lake Trail and to direct the Parks Commission to review the nature trails within the conservation area at their annual review of the City's trail system. Motion carried unanimously. CITY COUNCIL MINUTES December 17, 1996 Page 14 ]X. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION - One appointment to fill a vacancy on the Heritage Preservation Commission for a term to expire March 31, 1999 MOTION: Pidcock moved, seconded by Thorfinnson, to appoint Tim Colliton to serve on the Heritage Preservation Commission for a term to expire March 31, 1999. Case said he understood John Hensrud submitted an application, and there is some precedence that we pull from those who applied during this year. Mr. Hensrud was chair of the original Heritage Preservation Commission and is interested in serving again. Pidcock withdrew the Motion with the consent of Thorfinnson. The Council then voted for the two nominees. Jullie said Tim Colliton received the most votes. MOTION: Pidcock moved, seconded by Thorfinnson, to appoint Tim Colliton to serve on the Heritage Preservation Commission for a term to expire March 31, 1999. Motion carried unanimously. B. COMMUNITY RESOURCE CENTER ADVISORY COUNCIL - Appointment of one Councilmember for a one-year term, and one staff member to a two-year term Harris said she would like to go along with the recommendation that Dave Lindahl and Councilmember Tyra-Lukens be appointed to serve on the Community Resource Center Advisory Council. MOTION: Pidcock moved, seconded by Thorfinnson, to appoint David Lindahl, Community Development Department, to the Eden Prairie Community Resource Center Advisory Council to a two-year term beginning January 1997; and to appoint Councilmember Tyra-Lukens to a one-year term beginning January 1997. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Boulevard Trees CITY COUNCIL MINUTES December 17, 1996 Page 15 2. Marina on the Minnesota River 3. Lakes With Public Trails on the Perimeter Pidcock asked Staff and the other Councilmembers to continue consideration of the above projects in the future. She thought the public should have access to all lakes and be able to walk around the lakes in the City. She noted it has been a pleasure to work with Staff throughout her tenure on the Council. 4. Snowplowing Thorfinnson asked Staff to reiterate the snowplowing policy for the benefit of those who might be watching the cablecast. Dietz said-it is typical to begin plowing at 3:00 a.m. A typical snow fall of four to five inches would be completely done by 11:30 that morning. He said the most recent snowfall occurred over a weekend. They were able to complete the plowing by 3:00 p.m; however, it was a nine inches snowfall. Pidcock said she had received a complaint about somebody at a private business plowing at 2:00 a.m. Dietz said he was not sure we have any ordinances preventing that, but he could check it out. 5. Reconsider Albin Chapel at First Meeting in January Thorfinnson asked staff to schedule this item for the first meeting in January. 6. Appoint Councilmembers to Perform Annual Review of City Manager Harris asked Councilmembers Case and Thorfinnson to do the annual review of the City Manager. B. REPORT OF CITY MANAGER 1. Resolution 96-217 Certifying the Tax Levy Collectible in 1997 and Adopting the 1997 Budget for the General Fund Operations, Equipment Revolving Fund Expenses, and Debt Service Obligations Jullie said the City Council has held all budget and Truth In Taxation meetings as required by State Law. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve Resolution 96-217 Adopting the 1997 Tax Levy and Approving the 1997 CITY COUNCIL MINUTES December 17, 1996 Page 16 Budget for General Fund Operations, Equipment Revolving Fund Expenses, and Debt Service Obligations. Motion carried unanimously. 2. Resolution 96-218 Adopting the 1997 Local Transit Services Tax L W MOTION: Pidcock moved, seconded by Thorfinnson, to approve Resolution 96-218 Adopting the 1997 Local Transit Services Tax Levy. Motion carried unanimously. 3. Action on Senior Issues Task Force Report MOTION: Case moved, seconded by Tyra-Lukens to refer the Senior Issues Task Force Report to the City department heads and to request their review and comments on which chapter recommendations their staff can be involved with. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS.RECREATION &FACILITIES 1. Approve Concept Plan for the Renovation of Staring Lake Playground Lambert said at the December 2, 1996, meeting the Parks Commission reviewed the concept plan for the renovation of the Staring Lake that is planned for 1997. Barb Cross reviewed the issues involved with the current playground and the plans for renovation. She said bids would be received in February or March, with the development of the project being initiated in May and completed in October. The amount budgeted in the Capital Improvement Plan is $275,000 for the project. Tyra-Lukens noted one of the nice things about the current playground was the way it nestled into the hill. Cross said that concept will be retained but they plan to put in keystone blocks rather than limestone. Case noted we had hoped to channel part of the Pulte project fees into this system. Lambert said the whole project will be funded out of cash park fees which is a mix of various funds. MOTION: Pidcock moved, seconded by Case, to approve the Concept Plan for the renovation of Staring Lake Playground and to authorize preparing plans and specifications for bidding for the various improvements necessary to complete the project. Motion carried unanimously. CITY COUNCIL MINUTES December 17, 1996 Page 17 2. Authorize Removal of the Barn Adjacent to Marilyn Schoonover Home Within Edenbrook Conservation Area Lambert said the barn is in very bad condition. They asked the Heritage Preservation Commission to review it, and they agreed that it was not safe and should be removed. They recommended some architectural elements be salvaged and stored, and photo documentation of the building be completed. MOTION: Case moved, seconded by Pidcock, to accept the recommendations of the Heritage Preservation Commission regarding salvaged items and photo documentation prior to removal of the barn. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Agreement with NSP Dietz reviewed the settlement agreement terms with NSP to provide $2 million in materials and services over a five-year period for projects generally to install street lighting and to bury overhead power lines such as those on Eden Prairie Road and Anderson Lakes Parkway in 1997. He said they have concurrence with middle management but the agreement is subject to the approval of executive officers at NSP. Dietz said this is a very good agreement for both parties and thanked Roger Pauly for his efforts to research the records that resulted in our being able to finalize the document. He said we need to deal with this before December 31, 1996, because of statute of limitations issues. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Settlement Agreement with Northern States Power Company and to authorize the Mayor and the City Manager to execute the document. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:15 p.m.