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City Council - 02/18/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 18, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfumson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation &Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, 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 OF CERTIFICATES OF APPRECIATION TO BFI/WOODLAKE SERVICES, EDEN PRAIRIE, AND ROSEMOUNT INC., EDEN PRAIRIE Mayor Harris presented Certificates of Appreciation to BFI/Woodlake Services and Rosemount Inc., acknowledging their monetary contributions to the City. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added item XI.A.2. Report on Southwest Metro. Butcher-Younghans added item XI.A.3. Information about Heritage Preservation Event. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 4, 1997 Case changed the last paragraph, page 5, sentence 3 to "...where we would want to have more than a majority of the Council available." CITY COUNCIL MINUTES February 18, 1997 Page 2 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held Tueaday, February 4, 1997, as published and amended. Motion carried 4-0-1, with Thorfinnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 97-23 FOR THE DISPOSAL.OF TAX FORFEITED LAND C. ADOPTION OF THE 1997 REVISRD PURCHASING PROCMURES D. RESOLUTION 97-24 APPROVING COOPERATIVE CONSTRUCTION AG E AHM WITH HENNEPIN COUNTY FOR CSAH 4/HIGH SCHOOL ENTRANCE/EDENWOOD DRIVE PROJECT,_I.C. 96-5404 E. RESOLUTION 97-25 RECEIVING REVISED FEASIBILITY STUDY FOR SUNNYBROOK ROAD IMPROVEMENTS, I.C. 94-5363 F. PURGATORY CREEK ESTATES {]996) by Barry and Brian Post. Approval of a Developer's Agreement for Purgatory Creek Estates. Location: 12381 Sunnybrook Road. MOTION: Case moved, seconded by Thorfmnson, to approve items A-F on the Consent Calendar. Motion carried unanimously. Thorfmnson asked that item IX.A. be taken next since there are young children involved in the presentation. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD (HTS,SB) - Update on HOPE Program Mary Keating, representing the HOPE Program, gave an update and said some of the women who started in the program are off AFDC and working now. She introduced Diana Nelson and her family, one of the participants in the program, and Ken and Susan Boehm, Diana's mentor family. The Boehms and Ms Nelson described their impressions of the HOPE program. Ms Nelson expressed her appreciation for the Boehm's mentorship and for the opportunity to participate in the program. Harris commented that this program is a real example of what can be done when the entire community pulls together to develop a program that speaks to people's needs. She noted that the HOPE Program will be featured on Channel 2, PBS, in April. CITY COUNCIL MINUTES February 18, 1997 Page 3 Tyra-Lukens asked if they are still in need of volunteer families. Keating said they need to add more families so they can be trained to replace those whose participation will end. She reviewed the commitment requirements and the training available for mentor families. Harris thanked the participants for their report and encouraged everyone involved with this program to continue their dedication, support and volunteerism for the continued success of this very important and effective program. V. PUBLIC HEARINGS/MEETINGS A. ALBIN CHAPEL by Albin Chapel. Request for Planned Unit Development Amendment Review on 2.56 acres, Planned Unit Development District Review on 2.56 acres, Zoning District Amendment in the Office Zoning District on 2.56 acres, Site Plan Review on 2.56 acres, and Preliminary Plat of 5.22 acres into 2 lots. Code Amendment to amend Section 11.20 of City Code adding Funeral Homes as a permitted use in the Office Zoning District. Location: Rowland Road and Old Shady Oak Road. (Resolution 97-26 for PUD Amendment Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 97-27 for Preliminary Plat and Ordinance for Code Amendment) Jullie said official notice of this Public Hearing was published on February 6, 1997 in the Eden Prairie News and mailed to 34 property owners. He said Albin Chapel is proposing a 9,500 square foot one-story building. A request is also being made to change the City Code by adding funeral homes as a permitted use in the Office Zoning District. Jim and Dan Albinson, the proponents, reviewed the project plans, noting that plans now include a sidewalk along Old Shady Oak Road and a NURP pond that will be shared with the adjacent property developer. They addressed the list of concerns presented in a petition signed by nearby property owners. Tyra-Lukens said she received a call from a neighbor who had questions about sanitary measures and keeping waste materials out of the wetlands. Jim Albinson said they are licensed and inspected by the State Health Department. They have required training, must pass state and national boards, and are subject to OSHA requirements. He said there is no contamination generated, and they sign a liability requirement with BFI for medical waste. Butcher-Younghans asked what the visitation hours are. Albinson said that is up to the family, but most are between 5:00 and 8:00 p.m. Enger said the Planning Commission voted unanimously to recommend approval of this project at its meeting on February 10, 1997. He noted the Staff agenda CITY COUNCIL MINUTES February 18, 1997 Page 4 report of February 18, 1997 describes the various neighborhood issues which were identified at the February 10 Planning Commission hearing. Case said he looked at what the view would be for the houses on the ridge. He asked what our options would be to control any future project that might propose a two-story flat roof. Rosow said the Council previously approved a site plan for the property that called for a pitched roof, and someone coming in would not be able to build a structure with a flat roof as a development right. Joe Ruzic, 6825 Rowland Road, reviewed his objections to the project. He said 85 neighbors signed the petition against the project. He has a piece of developable property 70 feet from this building and believes the project will make it impossible for him to develop his property. He was concerned about the increased volume in traffic that will occur if the project is approved. Jay Jensen, 6597 Cherokee Trail, said he supports the project and thinks it is visually superior to the alternatives presented. There is less traffic and more green space. Leslie Bremer, 6268 Fallbrook Road, was concerned that this is inappropriate land use because it is adjacent to a recreational area. Lindsey Gilbert, 6455 Hummingbird Lane, thought the project would be an asset to the community. Lynn Ferguson, 6517 Cherokee Trail West, was concerned about the traffic and the safety of pedestrians, since the sidewalks are not shoveled in the winter. She thought it would make it difficult to get in and out of Rowland Road. Troy Danielson, 11600 Wilder Drive, thought the City should back any business that wants to come to Eden Prairie and he supported the project. Phil Brue, 8818 Danton Way, thought we need to be pro business in Eden Prairie in order to contribute to the tax base. He lives near the Huber Chapel and rarely sees vehicles there. Bill Holte, 17161 Cedar Crest, thought the Albinsons will be very good neighbors and will do what they say they will. Kurt Hagman, 9226 Amsden Way, said the Albinsons will be a great addition to the neighborhood. Gary Therkelsen, 11635 Raspberry Hill Road, supported the project. Everything that has been proposed for the area has faced opposition. He did not think it is a question of not developing the property and this seems like a good CITY COUNCIL MINUTES February 18, 1997 Page 5 use of the property. He didn't think that the traffic would be more than other uses. Roger Bjorke, 13048 Cardinal Creek Road, supported the project. Brian Rosengren, 6544 Kurtz Lane, said he knows the Albinsons to be very honest and highly considerate people. He thought if there are concerns in the future, they will have a sincere interest in addressing them. John Dean, 6642 Golden Ridge Drive, thought no matter what objections are brought up, they aren't listened to. The project was defeated once, and he didn't think it should be considered again. The people in the immediate area have asked the Council to turn it down because they don't want a funeral home here. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens thought many of the neighbor's concerns were addressed in the revisions of the project and asked if the project now includes those. Enger said there were changes made to the original proposal that addressed a number of concerns expressed. Case said he has worked hard to hear the personal concerns and has visited the area. He noted elected officials can never vote the way everybody wants--they have to make the best decision they can. He did not agree with the neighbors who feel a funeral home is out of place here. A funeral chapel belongs in a city, and they are most often placed in residential areas. He thought it was appropriate to allow a funeral chapel to locate in an office area, and saw this project as the best environmental use with the least amount of traffic. Butcher-Younghans said she spent a lot of time studying this project and believes it is appropriate on this site. She attended the Planning Commission meeting to hear the residents' concerns and took phone calls about the project. She grew up near a funeral home and it was a very good neighbor with no negative impact on the value of the homes nearby. As an historian, she has studied the relationship between cemeteries, funeral homes and churches. Funeral homes are generally placed in the middle of residential areas. She did not think we would be setting a precedent by approving the project on this site, and she thought the traffic for this project would be less than for an office building. She thought the input of the residents has had an impact on the architecture. There is no crematorium planned, nor is there any possibility for expansion. Tyra-Lukens thought Staff and the Albinsons have worked hard to address the issues raised by the neighbors. She liked the additional green space and less CITY COUNCIL MINUTES February 18, 1997 Page 6 paved surface. She thought that left us with the issue of whether to allow a funeral home in an office area. The Planning Commission has recommended this change on a unanimous vote, and this setting is consistent with where funeral homes are usually found. She also thought it is a stretch to call this "within" a residential area, rather it is adjacent to a residential area. She thought a large office building going in here would have a more adverse effect on property values. She noted the Centex development on Eden Prairie Road surrounds a cemetery and they didn't have any trouble selling those homes. Thorfinnson asked Enger to review what has been approved before for this site. Enger said there was a plan for a 36,000 square foot office on this site and the site to the east. The PUD calls for a two-story office building with a pitched roof on this site. Thorfinnson then asked if someone could go ahead with the previous plan as approved without coming to the Council. Enger said that was true. Thorfinnson said he originally voted against the project because he philosophically opposed mixing the lines between zones, not because he thought a funeral home would be a negative influence on the neighborhood nor because of the traffic issue. He thought that we would not see many more funeral homes coming through even if we allow them as an approved use in an office zone. Harris thought what is important is that we are adding an additional necessary service to the City. She said we are not changing the zoning but are permitting a new use within the zone. This is the least intensive use of that land, and she thought the proponent has demonstrated that there is very little evidence that a funeral home or cemetery detracts from property value. She thought it is very important that the Council try its best to make decisions that benefit the City. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance for Code Amendment to Amend Section 11.2 of the City Code adding funeral homes as a permitted use in the Office Zoning District;and to adopt Resolution 97-26 for PUD Amendment Review on 2.56 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Office Zoning District on 2.56 acres; to adopt Resolution 97- 27 for Preliminary Plat Approval of 5.22 acres into two lots; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations Motion carried unanimously. B. ONKEN PROPERTY by Paul and Kris Onken. Request for Rezoning from Rural to R1-13.5 on 2.27 acres for one single family home. Location: 17809 West 62nd Street. (Ordinance for Rezoning from Rural to R1-13.5) 7ullie said the official notice of this Public Hearing was published on February 6, 1997 in the Eden Prairie News and mailed to 52 property owners. The CITY COUNCIL MINUTES February 18, 1997 Page 7 project involves the rezoning from Rural to R1-13.5 on 2.27 acres for one single-family home. Enger said the Planning Commission unanimously recommended approval of this project at its meeting on January 27, 1997, per the recommendations of the Staff Report of January 24, 1997. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to R1-13.5 on 2.27 acres for one single-family lot; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. CODE CHANGE (Lot Width) A proposed code change to amend the City Code regulation relating to changing the minimum lot width and size to 24 feet and 3,000 respectively for RM District, clarifying the RM-6.5 setback as 10 foot minimum either side, eliminating maximum coverage for residential districts, and clarifying the maximum density of the RM-6.5 and RM-2.5 District at 6.7 units/acre and 17.4 units/acre respectively. Jullie said Staff is recommending certain changes to our Zoning Code in order to avoid the need for frequent PUD waivers or variances which have no material affect on the appearance or density of projects within the RM districts. The requested Council action also covers several other housekeeping items that need to be clarified in the Zoning Code. He said the Planning Commission unanimously recommended approval of these changes at its meeting on January 13, 1997. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; and to approve 1 st Reading of the Ordinance to amend the RM-6.5, RM-2.5, and R1-9.5 Districts and Table 1 of Section 11.03 of the City Code. Motion carried unanimously. D. EDEN PRAIRIE MAINTENANCE FACILITY by the City of Eden Prairie. Request for PUD Concept Review on 7.6 acres, PUD District Review and Zoning District Change from I-5 to I-2 on 7.6 acres and Site Plan Review of 7.6 acres. Location: 15150 Technology Drive. (Resolution 97-28 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) Jullie said the official notice of this Public Hearing was published on February 6, 1997 in the Eden Prairie News and mailed to 11 property owners. This City CITY COUNCIL MINUTES February 18, 1997 Page 8 proposal is to rezone its 7.6 acre site along Technology Drive from I-5 to I-2 Park and construct a 12,370 foot addition to the existing 67,440 square foot building, including a fueling station and additional hard surface maneuvering area. He said the Planning Commission unanimously recommended approval of this project at its meeting on February 10, 1997, per the recommendations of the Staff Report of February 7, 1997, and with the additional request to amend the landscaping plans to provide for some evergreens to mix into the planting scheme along Technology Drive. Staff is working with the architect to revise the plans accordingly. Dietz introduced Ed Kodet, the architect for the project, and reviewed the site plan for the building. He said they have developed a budget for acquisition of the facilities needed for the Hwy 212 right-of-way with MNDOT which includes a cash settlement plus salvage of part of the maintenance facility. Harris asked Dietz to review the funding alternative that involved "forgiveness" of part of the original purchase price. Dietz said money was loaned from the City's utility fund to acquire the original Eaton site, and this alternative involves not repaying or "forgiving" $533,000 of that cost to the utility fund. As a rationale, he said a portion of the water plant is where the maintenance facility used to be. Thorfinnson commented the use of the word "forgive" is not correct as we are still spending $533,000. Harris was also uncomfortable with the word "forgive." Dietz said the utility fund would contribute$533,000 to make this happen. Thorfinnson asked what impact that would have on the utility fund. Dietz said it means we still have the rest of the$20 million project for the water plant and $10 million for improvements to the system. He said they were trying to find a way to fund the new maintenance facility without using the General Fund or increasing property taxes. Case agreed that "forgive" was not the right word; however, he did not have a problem with looking at the utility fund to see what is the right amount. He thought we could approve this without the alternates and continue to get more facts. Dietz said tonight they are asking Council to approve the project and authorize for bids to be received. We would then have a more accurate accounting of costs and funding alternatives at the time Staff comes back to ask the Council to authorize for contract. Thorfinnson asked if the building as it is designed now covers our needs at build-out. Dietz said it does; however, there will still be a need for outside storage. For functions within the building, this is the final requirement. Thorfinnson asked if the outside storage would be located here. Dietz said they are considering meeting with Eaton to see if we can acquire some additional CITY COUNCIL MINUTES February 18, 1997 Page 9 property to the east, tie it into this project and do the wetland mitigation that would be required. Tyra-Lukens asked if part of the recommended motion involves a change in the waiver for outside storage. Dietz said in 1997 we will have to store sand and salt on the site and until we have an auxiliary site somewhere else, we will have to store it here. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from I-5 Park to I-2 Park on 7.6 acres with a waiver for outside storage; and to adopt Resolution 97-28 for PUD Concept Review on 7.6 acres based on plans dated January 31, 1997 and the Staff report of February 7,1997. Motion carried unanimously. E. DEVELOPMENT DISTRICT NO, 1 AND TAX INCREMENT FINANCING DISTRICTS NOS, 1, 2, 3, 4, 5, 6&7: AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INC EM M FINANCING PLANS THEREFOR Jullie said the official notice of this Public Hearing was published January 30, 1997 in the Eden Prairie News. As required by law, notice of this proposal was mailed thirty days prior to this hearing to the County and School Districts within the development area. We are requesting this amendment in order to allow the City to lease property it has acquired with Tax Increment Financing Funds. This will apply to the liquor store building we are constructing on Den Road. Jullie said we received a memo from Jeff Spartz, Hennepin County Administrator. Per Mr. Spartz's request, a copy of that memo will be attached to the Minutes of tonight's meeting (Attachment A). There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; and to refer this matter back to Staff for preparation of the appropriate Resolution to be included on a future Council agenda. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." CITY COUNCIL MINUTES February 18, 1997 Page 10 VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. CONSIDERATION OF ADDITIONAL NOISE FENCE ALONG CSAH 62, I.C. 52-103 T 7ullie said several Eden Prairie residents living south of CSAH 62 along Addington Court and Heathbrook Drive have requested that additional noise fence be installed along the south side of the recently constructed roadway. The estimated cost for this segment is $15,000. The County would not share in this project; therefore, the cost would be at 100% City expense. Staff is concerned that affirming this request without establishing some new guidelines for noise fence application may result in a foundation for significant expenditures on CSAH 62 and other similar projects. Since funding for transportation is limited, noise mitigation must compete for funding priority with safety and capacity improvements on the City's system. Alan Gray, Senior Engineer, said Staff has reviewed the original noise study with the Hennepin County Staff that developed it. They discovered no errors in the analysis, and confirmed that this area did not meet the original criteria for noise fence installation. He reviewed the noise contour diagram prepared for the original study. Tyra-Lukens agreed it is difficult to see why this area does not have a noise fence when you drive through the area. She noted that the noise study was done in the daytime between 5:00 to 6:00 p.m. when most of the traffic would be on the north side of the road. Gray said there may be some differences based on the time of day and traffic flow; however, he was not sure the model assumes the direction of traffic. He thought the traffic out there has quite a bit of distribution on both sides of the roadway. He said there would not be as many residents outside their homes and exposed to the noise levels during the morning rush hour as compared to the evening rush hour. Case asked why the County has the position of all or nothing; couldn't they develop some in-between steps so that the aesthetics of the fence could be kept. Gray was not sure why ,but there have been some complex reactions to this from some of the property owners who do not want the fence. He thought a multiple level of standards could get into a very complex issue. Case said he would like to see the City look at this model if the County won't. He would like to refer this back to Staff to get more statistics in terms of how much more this issue could come back to us in other areas of the City and to review some alternatives for this project. CITY COUNCIL MINUTES February 18, 1997 Page 11 Harris thought we are missing some criteria and standards to make the decision on this. She was-not sure we have that in place and she is struggling with this request versus our budget. Thorfinnson thought this is Hennepin County's responsibility, and he believes we should be very careful if we decide to make it our responsibility. Butcher-Younghans thought the County does have criteria and this fell outside those criteria. She thought it is a grey area because the noise level is so close to the criteria. She thought we need a policy here in the City. As an historical perspective, Dietz said we wound up adding features to this project that the County had never done before in order to sell the project to Minnetonka, who ended up paying 60% of the costs. He noted we have situations like this on County Road 4 and will be faced with similar types of things on County Road 1. From a technical standpoint, he thought these fences will not significantly change the noise impact. Bob Spilone, 6233 Attington Court, said a number of things have changed, and it is not just about the noise fence. He is frustrated that the future homeowner in this area was not taken into consideration, and he has a hard time believing the study can be accurate. He said one of the developers has agreed to pay for part of the fence. Georgia Waitae, 6208 Heathbrook Drive, said there are inconsistencies in the noise study and noted that they have placed the fence along the entire length on the Minnetonka side. Paul Onken, 5835 Scenic Ct, Minnetonka, thought the fence should be built in order the keep things the same on both sides of the road. Butcher-Younghans asked if Hennepin County reassessed the noise levels after the petition was received. Gray said the study was for the projected noise levels which would be higher than those today as the traffic is not yet at the level the projections used. Harris said we are dealing with a grey area between aesthetics and the noise issue. She was not sure what grounds the City has for making a decision in favor of the petitioners. It is not an item that is in our budget, and she was not sure what happens if we include this in the budget as we go into other projects. Thorfinnson noted that only ten projects like this one would result in a 1% increase in taxes. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to deny the request at this time because the requested area does not meet the criteria for noise fence CITY COUNCIL MINUTES February 18, 1997 Page 12 installation along CSAH 62. Case would like to see Staff look at criteria or issues where we might want to address this or similar situations again. Thorfinnson questioned why we have to send Staff out on this because he thought we do this as a normal course of business. Case had a discomfort that we don't have some study on this. Harris suggested we might have some discussion at a workshop session. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to extend the meeting to 11:30 p.m. Motion carried unanimously. B. MnDOT DESIGN CHANGE FOR THE 2121PRAUUE CENTER DRTpF INTERCHANGE Scott Kipp, Senior Planner, reviewed the proposal from MnDOT to eliminate the retaining wall at the northwest corner of the future Prairie Center Drive interchange at Hwy 5. This retaining wall was part of the preliminary layout plan for Highway 212 as approved by the Council in 1989. Staff concurs that elimination of the retaining wall is appropriate and the Staff memorandum of February 11, 1997, presents the rationale for their recommendation. Tyra-Lukens thought it is a great idea as it looks more natural and saves money. She asked if there are any negatives. Kipp said they will need to take a look through the planning process at how buildings are designed. Butcher-Younghans asked if there is any potential for erosion. Kipp said it is a 2-1 slope with seeding for highway use which diminishes the potential. Case asked if this is a natural knoll. Enger said it is a remnant of all the land out there. Case asked if there is an alternative to cutting off 13 feet of the knoll. Kipp said the only way would be to shift the location of Hwy 212 to incorporate retaining walls on the back side of the knoll. Case asked what the elevation is. Kipp said the back is 928 feet and will go down to 915. Case then asked if this is the highest knoll in the City. Gray said the one off Rowland Road is higher. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the request by MnDOT for the no retaining wall option of the Edenvale knoll on the TH 212/Prairie Center Drive interchange. Motion carried unanimously. CITY COUNCIL MINUTES February 18, 1997 Page 13 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS B. I 494 CORRIDOR COADIISSION-Proposed Changes to I-494 Commission Ms. Lisa Raduenz, representing LGR, Inc., presented a summary of the proposed changes regarding the I-494 Corridor Commission which, along with the Staff Agenda Report of February 18, 1997, presented the relevant background information. She asked for the Council's support for the Commission's proposed shift in focus from managing travel demand to advocating for the reconstruction of I-494. She said they want to expand the membership on the Committee in order to include City Staff and County representatives. They want to become more proactive with the legislature. Harris thought this was the most appropriate strategy. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the changes proposed for the I-494 Corridor Commission as per the Staff Agenda Report of February 18, 1997. Motion carried unanimously. X. APPOINTMENTS A. ARTS COMIVIISSION- Appointment of 3 Members to the Arts Commission for three-year terms Tyra-Lukens nominated Rachel Hutter. Case nominated Barbara Nordby. Thorfmnson nominated David Steppat. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and cast a unanimous ballot for Rachel Hutter, Barbara Nordby, and David Steppat for three-year terms on the Arts Commission. Motion carried unanimously. B. BOARD OF APPEALS & ADTUSTMENTS - Appointment of 3 Members to the Board of Appeals & Adjustments for three-year terms Butcher-Younghans nominated Cliff Dunham. Tyra-Lukens nominated Kathy Nelson. Thorfinnson nominated Michael O'Leary. MOTION: Case moved, seconded by Butcher-Younghans, to close the nominations and cast a unanimous ballot for Cliff Dunham, Kathy Nelson and Michael O'Leary for three-year terms on the Board of Appeals &Adjustments. Motion carried unanimously. C. ENVIRONMENTAL & WASTE MANAGEMENT COM IISSION- Appointment of 2 Members to the Environmental & Waste Management Commission for three-year term CITY COUNCIL MINUTES February 18, 1997 Page 14 Thorfmnson nominated Ellen Richard. Butcher-Younghans nominated Ray Stoelting. MOTION: Case moved, seconded by Tyra-Lukens, to close the nominations and to cast a unanimous ballot for Ellen Richard and Ray Stoelting for three- year terms on the Environmental &Waste Management Commission. Motion carried unanimously. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION- Appointment of 2 Citizen Members to the Flying Cloud Airport Advisory Commission for three-year terms Butcher-Younghans nominated Robert Kilpatrick. Tyra-Lukens nominated Jeff Larsen. Thorfmnson nominated John Murray II. MOTION: Case moved, seconded by Butcher-Younghans, to close the nominations. Motion carried unanimously. A written ballot was taken and Kilpatrick and Larsen were declared the winners. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to cast a unanimous ballot for Robert Kilpatrick and Jeff Larsen for three-year terms as Citizen Members of the Flying Cloud Airport Advisory Commission. Motion carried unanimously. E. HERITAGE PRESERVATION COMMISSION- Appointment of 3 Members to the Heritage Preservation Commission for three-year terms Tyra-Lukens nominated Kathie Case. Butcher-Younghans nominated John Hensrud. Thorfmnson nominated Nathalie Rabuse. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the nominations and to cast a unanimous ballot for Kathie Case, John Hensrud and Nathalie Rabuse for three-years terms on the Heritage Preservation Commission. Motion carried 4-0-1, with Case abstaining. G. HUMAN RIGHTS &DIVERSITY COlMSSION- Appointment of 3 Members to the Human Rights &Diversity Commission for three-year terms Thorfmnson nominated Brad Behrends and Richard Helzel. Tyra-Lukens nominated Vladimir Kozyrev. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Brad Behrends, Richard Helzel and Vladimir Kozyrev for three-year terms on the Human Rights &Diversity Commission. Motion carried unanimously. CITY COUNCIL MINUTES February 18, 1997 Page 15 H. PARKS, RECREATION &NATURAL RESOURCES CONIl MST_ON- Appointment of 2 Members to the Parks, Recreation &Natural Resources Commission for three-year terms Butcher-Younghans nominated Frantz Corneille. Case nominated Vicki Koenig. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the nominations and to cast a unanimous ballot for Frantz Corneille and Vicki Koenig for three-year terms on the Parks, Recreation &Natural Resources Commission. Motion carried unanimously. I. PLANNING COMMISSION- Appointment of 2 Members to the Planning Commission for three-year terms Thorfinnson nominated Beverly L. Alexander. Butcher-Younghans nominated Randy Foote. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Beverly L. Alexander and Randy Foote for three-year terms on the Planning Commission. Motion carried unanimously. F. HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD - Appointment of 6 Members to the Housing, Transportation & Social Services Board as follows: Case nominated Marvin Cofer. Tyra-Lukens nominated Peg DuBord, Vicki Koenig and Gloria Winans. Thorfinnson nominated Katherine Kardell and Munna Yasiri. Butcher-Younghans nominated Randy Foote. MOTION: Case moved, seconded by Thorfinnson, to close the nominations. Motion carried unanimously. A written ballot was taken. Marvin Cofer, Peg DuBord, Katherine Kardell, Vicki Koenig, Randy Foote and Munna Yasiri were declared winners. MOTION: Thorfinnson moved, seconded by Case, to cast a unanimous ballot for the following individuals to serve on the Housing, Transportation & Social Services Board: Marvin Cofer as Citizen-at-Large for Senior Issues for a one- year term; Peg DuBord as Citizen-at-Large for Human Services for a two-year term; Katherine Kardell as Citizen-at-Large for Housing for a three-year term; Vicki Koenig from the Parks, Recreation &Natural Resources Commission for a one-year term; Randy Foote from the Planning Commission for a one-year term; and Munna-Yasiri from the Human Rights &Diversity Commission for a one-year term. Motion carried unanimously. CITY COUNCIL MINUTES February 18, 1997 Page 16 J. BOARD OF REVIEW - Confirm the appointment of 5 members to the 1997 Board of Review MOTION: Tyra-Lukens moved, seconded by Case, to appoint Mike Best, Annette O'Connor, Phil Olson, Patricia Pidcock, and Carol Standal to the 1997 Board of Review. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. MAYOR TEAN A RRI -Direction regarding review of board and commission roles and responsibilities Harris has asked Councilmember Thorfmnson to take the lead in pursuing a thorough review of the roles and responsibilities of all our various boards and commissions. This should be completed as part of Phase III of the overall review process undertaken over the last two years. In order to operate effectively and to minimize conflicts, each board/commission needs a clear understanding of its duties, especially when subcommittees or non-City groups become involved in related issues. This will be a way to position ourselves for Eden Prairie 2000. She would like to have selected members of the Council, Staff and Commission members involved in the process. She recommended that Councilmember Case be involved in the review of environmental concerns, and Councilmember Butcher-Younghans be involved in those issues involving the Heritage Preservation Commission. 2. Report on Southwest Metro Tyra-Lukens said that concerns regarding financial accountability led to a meeting today between City representatives and Southwest Metro staff. They developed a planned reporting structure to ensure that City Council and Staff are well informed about Southwest Metro activities. Harris asked if we should have a workshop for the entire Council on Southwest Metro. Tyra-Lukens thought that might be a good idea, perhaps in conjunction with the City Councils of Chanhassen and Chaska. Harris thought we should add this report as a regular Agenda item for the Council. CITY COUNCIL MINUTES February 18, 1997 Page 17 3. Information on Heritage Preservation Event Butcher-Younghans said the Heritage Preservation Commission will be sponsoring an archaeological excavation in association with the School's archaeology curriculum at the site of the old City Center. She said sixth graders will be participating. The excavation will be kicked off on May 5, 1997. Case noted this has the potential to be one-of-a-kind nationally where students are involved in the actual process. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to extend the meeting to 12:00 a.m. Motion carried unanimously. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION &NATURAL RESOURCES 1. Recommendation to Cancel the 1997 4th of July Celebration and Request the Transfer of Funds from the 4th of Tuly Celebration Budget to Support Tuly 41h Community Leisure Op-nortunitie% July as Recreation and Parks Month Activities, and Computer Hardware & Software for Registration & Facility Scheduling Harris asked if any effort has been made to identify alternative means to get people to the site. Lambert said Staff discussed using shuttles and have determined that the number of people involved would cause extremely long lines after the fireworks. Most people would probably end up driving which would cause traffic problems with the limited parking spaces. He said they brought Staff members from the Fire Department and Public Safety together to discuss the possibility of having the fireworks celebration by the E. P. shopping center. According to the Fire Department, the guidelines for the level of fireworks display we would have would require a 700-foot diameter free area. They are checking with the St. Paul Fire Dept. to see how they handle the.fireworks at the State Capitol building. If they can work something out they would probably have a street dance type celebration from 8:00-11:00 p.m. so all the participants would not be leaving at the same time after the fireworks. It would not be the same day-long celebration as before. He noted we are running out of vendors who are willing to quote us. Thorfinnson would hate to see us not do something. He would like to have Staff spend some more time to see what the alternatives are within the next couple of Council meetings. CITY COUNCIL MINUTES February 18, 1997 Page 18 Case felt the same way and asked how we handled the parking before. Lambert said they parked in the neighborhoods. Case said he has had a lot of phone calls on this, and it seems to be hitting a community spirit nerve. Thorfinnson thought that brought up the whole issue of having to hold the event at Round Lake Park. He thought it really burdens the park and the facilities in general. He thought we should discuss splitting out the events throughout the City in order to relieve congestion in the Round Lake area. Harris's concern at Staring is the kids running out on the street as they walk along County Road 1. In addition, Staring Park will be under construction this summer. Butcher-Younghans said we need to communicate with people if we don't have the fireworks at all. Tyra-Lukens thought we need to consider if expanding the number of locations and scaling down the type of display adds to the possibilities. Lambert thought that would just get everybody upset. He said they will get an answer soon about how they deal with the fireworks at the State Capitol. Thorfinnson thought we need to look at using Eden Prairie Center because there is a lot of parking available there. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Review Funding Alternatives for Intersection Signalization Project at TH 212/Fountain Place As outlined in the Staff Report of February 18, 1997, Dietz said we will have to put up the money for the signal light if we want it as MnDOT will not be installing it within the next two years. Case asked if we would ever get reimbursed for it if we construct it now. Dietz said we would not be reimbursed without the cooperative agreement: Case then asked what we would not fund if we use TIF funds for this light. Dietz said we had a number of signalization projects, so we are probably cutting out another signal that has not been identified yet. CITY COUNCIL MINUTES February 18, 1997 Page 19 Tyra-Lukens thought this signal is quite critical. Case said his vote on the Pulte project was closely tied to this project. MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to proceed with installation of traffic signals at TH 212 and Fountain Place as per the Staff agenda report of February 18, 1997, with full funding to be appropriated from the City's Tax Increment Financing Fund. Motion carried unanimously. Thorfinnson asked what makes this particular intersection more important than others in the City. Case noted we approved the largest townhome project in the City based on this signal being put in place. Case wanted to know what the list of signalization projects includes. Dietz said he would provide that, noting that we might be able to shift the temporary signal light from old Technology Drive to another location. F. REPORT OF CITY ATTORNEY X1I. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 12:05 p.m.