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City Council - 04/15/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 159 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Thorfinnson was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item 3I.B.1. Workshop Schedule. II. OPEN PODIUM Two students from Oak Point School described the flood relief project the school is sponsoring for residents of Granite Falls. They asked the Council to support their drive to solicit donations throughout the community. Case said he has been part of the project as a teacher at Oak Point and has talked to the Mayor of Granite Falls who is very touched by this. Case thought this was a great thing for the town to be involved in. Harris thanked the students for bringing the project to the Council's attention. Brandon Hensohn, representing Rio Bravo restaurant, said he did not see their request to have liquor service in a temporary tent on May 5 as part of tonight's agenda. Mayor Harris said it is part of the Clerk's License List. M. MINUTES A. CITY COUNCIL/STAFF WORKSHOP ON PRIORITY USE OF CITY FACILITIES HELD TUESDAY, APRIL 1, 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council/Staff Workshop on Priority Use of City Facilities held Tuesday, April 1, 1997. Motion carried 4-0. CITY COUNCIL MINUTES April 15, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 1997 Butcher-Younghans said the last paragraph on page 11 should be changed to "Harris liked the project and was concerned about liability as it is currently configured..." MOTION: Tyra-Lukens moved, seconded by Case to approve the Minutes of the City Council Meeting held Tuesday, April 1, 1997, as published and amended. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE GREEN MINI-STORAGE by Four S. Properties, Inc. 2nd Reading of Ordinance 18-97 for Zoning District Amendment in the I-2 Park District on 4.96 acres, Adoption of Resolution 97-65 for Site Plan Review on 4.96 acres and Approval of a Developer's Agreement for Prairie Green Mini- Storage. Location: County Road 4, south of Terrey Pine Court. (Ordinance 18-97 for Zoning District Amendment and Resolution 97-65A for Site Plan Review) C. CENTRON DPL by Centron DPL. 2nd Reading of Ordinance 16-97-PUD-10- 97 for PUD District Review and Zoning District Amendment in the I-2 Zoning District on 5.2 acres, Adoption of Resolution 97-66 for Site Plan Review on 5.2 acres and Approval of a Developer's Agreement for Centron DPL. Location: City West Parkway. (Ordinance 16-97-PUD-10-97 for PUD District Review and Zoning District Amendment and Resolution 97-66 for Site Plan Review) D. EDENVALE CROSSING BUSINESS CENTER by CSM Corporation. 2nd Reading of Ordinance 17-97-PUD-11-97 for PUD District Review on 12.7 acres and Zoning District Change from Rural to Office on 2.9 acres and from Rural to I-2 on 9.8 acreas, Adoption of Resolution 97-67 for Site Plan Review on 12.7 acres and Approval of a Developer's Agreement for Edenvale Crossing Business Center. Location: South and east of Anagram Drive. (Ordinance 17-97-PUD- 11-97 for PUD District Review and Zoning District Change and Resolution 97-67 for Site Plan Review) E. ARBOR DAY PROCLAMATION F. APPROVE COMMUNITY CENTER ICE ARENA RENOVATIONS MIGHTY DUCKS PROJECT BID PROPOSAL G. RESOLUTION 97-68 AWARDING CONTRACT FOR 2 INCH BITUNIINOUS OVERLAY, I.C. 97-5437 CITY COUNCIL MINUTES April 15, 1997 Page 3 H. RESOLUTION 97-69 AWARDING CONTRACT FOR STREET STRIPING, I.C. 97-5434 I. RESOLUTION 97-70 APPROVING FINAL PLAT OF PRAIRIE GREEN (located at the southeast corner of County Road 4 and Te=Pine Drive) J. RESOLUTION 97-71 APPROVING FINAL PLAT FOR EDENVALE CROSSING BUSINESS CENTER (located at the southeast corner of Anagram Drive and Valley View Road) K. RESOLUTION 97-72 APPROVING FINAL PLAT FOR HILLS OF IDEN PRAIRIE (located west of Bryant Lake Drive, adjacent to Wooddale Church) L. RESOLUTION 97-73 APPROVING FINAL PLAT FOR MITCHELL VILLAGE 2ND ADDITION (located north of Anderson Lakes Parkway and east of Mitchell Road) M. RESOLUTION 97-74 APPROVING FINAL PLAT FOR BEARPATH TOWNHOMES 4111 ADDITION (located east of Lake Riley road and north of Pioneer Trail) N. RESOLUTION 97-75 APPROVING AGREEMENT WITH MuMl FOR LEASE OF PROPERTY AT 7920 WALLACE ROAD (W. Gordon Smith Oil Building) MOTION: Case moved, seconded by Butcher-Younghans, to approve items A- N of the Consent Calendar. Motion carried 4-0. Jullie said several residents of the Autumn Woods neighborhood are here for item VIH.A. regarding antenna equipment, and he suggested that item VHI.A. be reviewed as soon as possible. MOTION: Tyra-Lukens moved, seconded by Case, to move item VIII.A. $FARMT FROM AMERICAN PORTABLE TELECOM (APT) TO INSTALL ANTENNA EQUIPMENT ON HIDDEN PONDS WATER TO prior to the Public Hearings. Motion carried 4-0. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. RE�2UEST FROM AMERICAN PORTABLE TELECOM (AMDO INSTALL ANTENNA EQUIPMENT ON HIDDEN PONDS WATER TO Jullie distributed copies of the Lease Agreement with American Portable Telecom (APT) Corporation for installation of their antenna facility on the CITY COUNCIL NIINUTES April 15, 1997 Page 4 Hidden Ponds Water Tower. The agreement was completely resolved this afternoon. City Attorney Pauly, Gary Therkelsen and other Staff members have reviewed this and believe it addresses all the pertinent issues. Jullie reviewed the construction of the equipment, noting that the panels will be attached to the top railing of the tower. It is a five-year lease with three options to renew and they will pay a rental fee, per the schedule outlined in the agreement. APT has also given us a letter assuring us they will withdraw their request for a conditional use permit from the City of Chanhassen and terminate their lease with Waytech Corporation. They will also terminate the lease for the temporary tower now in place and will agree not to build any tower or related structures on the Quattro property. They have asked for time to make sure the equipment is up and functioning properly before they comply with the three conditions. Harris asked if APT has conducted any testing out there at the present time. John Barstow, representing APT, said they are using the temporary structure now and plan to maintain that site for the two or three weeks it takes for the water tower project to be completed. Tyra-Lukens asked Pauly if the agreement addresses concerns she expressed at the last Council meeting regarding making the company responsible for removal of the equipment if technology changes or the company goes out of business. Pauly said the company does have the right of assignment of the agreement so a successor organization would be able to continue the use of the antenna. He said the tenant does have an obligation to remove the equipment upon termination of the lease. Case thought this is a good deal for us at the moment, but he was also concerned about a way to limit towers in the Chanhassen corridor. He asked if his understanding was correct that this would cover the whole area and at this height no other company can come in and operate at a certain level. Barstow said their next site to the east is the Wilson Learning building, and the two sites should cover them for a long period of time. Case then asked what height another company that might come in would have to be at. Barstow said new PCS would try to come in at less than 160 feet. Case was concerned what would happen and who would pay for it if the railing couldn't handle the load. Jullie said the applicants will be submitting the design for review by our structural engineering company. Barstow noted they would pay for any reinforcements needed at their own cost. Butcher-Younghans asked if they have placed their equipment on water towers before. Barstow said they have at least four that are similar in design to the Hidden Ponds tower. CITY COUNCIL MINUTES April 15, 1997 Page 5 MOTION: Case moved, seconded by Butcher-Younghans, to approve the agreement with American Portable Telecom to install their antenna equipment on the Hidden Ponds water tower. Motion carried 4-0. Harris thanked all the residents who provided a lot of information to the City and the Council, and Staff, who did an admirable job in a short period of time to resolve this issue. V. PUBLIC HEARINGS/MEETINGS A. TOWNPLACE CENTRE by CSM Lodging, LLC. Request for Rezoning from R1-22 and Public to C-Regional Service on 10.59 acres, Site Plan Review on 10.59 acres, PUD Concept Review on 10.59 acres, PUD District Review on 10.59 acres and Preliminary Plat of 10.59 acres into 4 lots and 1 outlot. Location: Highway 169, Leona Road, Highway 494, Prairie Center Drive (Ordinance for Rezoning and PUD District Review, Resolution 97-76 for PUD Concept Review and Resolution 97-77 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on April 3, 1997 in the Eden Prairie News and mailed to 22 property owners. The concept plan for this project includes a Borders Bookstore, two restaurants, two hotels, an Office Depot, and other general retail space. The location is along Leona Road west of Highway 212 and north of the Cub Food Store. Dave Carlin, representing CSM Corp., and Gary Tushie, project architect, reviewed the project and the site plan. Butcher-Younghans was concerned about traffic congestion on Den Road resulting from all of the parking lots that will be located in a small area for this project, the Cub food store and the new liquor store. She asked if there will be additional signal lights put in, since there are only two ways in and out of the area. Al Gray thought the concerns were reasonable, and we may find other intersections that will require signals, especially with the Eden Prairie Center expansion. He thought the four-way stop will work for a number of years and that we will probably be able to use TIF funds if signalization is necessary. Tyra-Lukens asked why the Borders store was placed on the north side of the lot, unlike the previous plan for the property. Carlin said it was Borders' decision to change it to that location. Enger said the Planning Commission reviewed this project at the March 24, 1997, meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of March 21. The project will require a waiver for floor area ratio from .40 to .76 and also for building height from 40 to 45 feet. He said the Parks Commission did not review the project. CITY COUNCIL MINUTES April 15, 1997 Page 6 Case thought this is a great addition to the commercial area and it is a good project. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried 4-0. MOTION: Butcher-Younghans moved, seconded by Case, to adopt Resolution 97-76 for PUD Concept Review on 10.59 acres; to approve 1st Reading of the Ordinance for PUD District Review and Rezoning from R1-22 and Public to C- Regional Service on 10.59 acres, including a waiver for floor area ratio from .40 to .76 and also for building height from 40 to 45 feet; to adopt Resolution 97-77 for Preliminary Plat of 10.59 acres into 4 lots and 1 outlot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. B. MIS EXPANSION by MTS. Request for Site Plan Review on 36.8 acres. Location: Highway 5. (Resolution 97-78 for Site Plan Review) 7u]Re said the official notice of this Public Hearing was published on April 3, 1997 in the Eden Prairie News and mailed to 9 property owners. The site plan for this request shows an addition of 43,200 square feet of warehouse space. The plan meets required setbacks and staff recommends a proof of parking plan for an additional 212 spaces. The additional parking would be built if there were to be changes in building use or expansion for additional employees. Don Fournier, representing MTS, reviewed the project. Enger said the Planning Commission unanimously approved the project at its meeting on March 24, 1997, subject to the recommendations of the Staff Report of March 21. Tyra-Lukens asked where the 212 parking spaces will go. Fournier said they currently share parking with St. Andrews church. They currently have about 300 spots they don't use. They can add the additional spaces later if needed, and could also build a ramp to provide even more. There were no comments from the audience. MOTION: Case moved, seconded by Tyra-Lukens to close the Public Hearing; to adopt Resolution 97-78 for Site Plan Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. CITY COUNCIL MINUTES April 15, 1997 Page 7 C. TRANSPORTATION FI .MENT OF THE COMP F, N l MUNICIPAL PLAN (Resolution 97-79) 7ullie said the official notice of this Public Hearing was published on April 3, 1997 in the Eden Prairie News. This overall transportation plan update is being coordinated with our application to the Metropolitan Council for an expansion of the MUSA line into the remaining southwest development area of the City. Traffic volumes were forecast throughout the City to determine which roadway segments will need to be upgraded by the year 2015 to manage the anticipated traffic. Implementation of the plan is discussed and presented as a potential Transportation Capital Improvement Program. The plan also discusses the present and future roles of transit, bicycle and pedestrian facilities. Detailed feasibility studies and public hearings would be required before any of the specific roadway projects could begin. He said the Planning Commission was scheduled to review and approve this plan at its meeting on Monday evening, April 14. Al Gray, City Engineer, said we have had a lot of traffic studies over the years but this is the first comprehensive analysis of the City as a whole. This presents transportation plans and policies we would like to pursue and discusses some of the anticipated needs over the next 17 years. He reviewed the policies and strategies as articulated by the Met Council. Benshoof&Associates used the Twin Cities metropolitan regional traffic forecasting model for the plan. Tyra-Lukens asked why there is no indication of a signal at Dell Road and County Road 1. Gray said he expects there to be a signal at that intersection with the roadway improvements planned. Tyra-Lukens noted the left turn lane as you go south on Dell Road is hatched off and causes confusion for drivers. She asked Staff to look into that. Dietz said they would. Butcher-Younghans applauded everyone for the policies and strategies. She thought it is a wonderful tool. She also thought considering current driver behavior, expanding the transit goal is not realistic. In terms of funding, she asked if there is an alternative plan if the state funds aren't kept at current levels. Gray said, if there was a major reduction in MSA funding to cities, then without some other changes to provide other sources of funds, these plans could become very difficult to construct at this level. Butcher-Younghans asked if he saw any reductions coming in the state funds. Gray hoped it would increase as people become aware of what they are paying for the system they drive on. He said if we don't find good ways to fund transit, then transit gets funding at the expense of funding to cities. CITY COUNCIL MINUTES April 15, 1997 Page 8 Butcher-Younghans noted the reference to five lakes within the City should be changed to the correct number. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing; and to adopt Resolution 97-79 adopting the Transportation Element of the Comprehensive Municipal Plan. Motion carried 4-0. Harris found the report extremely interesting and very well done. Gray introduced the traffic engineer from Benshoof&Associates who worked on the plan with Staff. Dietz said a lot of things will follow from this plan and it will be the basis of a lot of discussion as we have hearings for TIF funding and identify some projects and reprioritize others. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTION VM. PETITIONS, REQMTS AND COMMUNICATIONS B. RWJEST FROM THE ND ESOTA WOMEN OF TODAY (Connie McDonald, President of Richfield Women of Today) 7ullie introduced Ms. Connie McDonald, President of Richfield Women of Today. Ms McDonald gave a brief report to the Council on the purpose and activities of Women of Today. She said they are expanding into other communities and reviewed the benefits of having a program in Eden Prairie. Harris thanked Ms McDonald for bringing the program to us and introducing the Council to the goals and programs of Women of Today. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOEVESIENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES April 15, 1997 Page 9 B. REPORT OF CITY MANAGER 1. Workshop Schedule Jullie asked the Council to add a Workshop to the schedule for July 1, 1997 at 6:30 p.m. with the Eden Prairie Chamber of Commerce. Harris noted we probably need to plan for absences during July and August. C. REPORT OF DIRECTOR OF PARKS, RECREATILON & NA A RESOURCES 1. Trail Priority Ranking for 1997 Lambert said the Parks Commission reviewed the annual recommendations on trails at the April 7, 1997 meeting and recommended a number of projects be completed this year if possible. The recommendations included widening the trails over the underpasses on Anderson Lakes Parkway, replacing the trail on Bittersweet Drive, completing the trail connection on Rice Marsh Lake with the use of cash park fees, improving the Hidden Ponds trails as a possible assessment project, replacing the Valley View Road trail, and completing the Trails Homeowners connection through the Preserve. Harris said we have had many calls about how dangerous the Anderson Lakes Parkway trails are. Lambert said he would like to have the Council authorize Staff to proceed with the projects. Each one will be brought back if there are contracts involved. Case asked if we spend about$125,000 per year for maintenance. Lambert said we have budgeted$125,000 this year. We won't spend that much with these projects, although we do not have a cost estimate on the Hidden Ponds trails because we don't know what we are going to do there. We may look at starting the project on Dell Road as we probably would have enough money left to do the grading and base there. Lambert asked to carry over funds to next year if the full amount is not used as he expects, because some of the larger projects for future years are over $100,000. We will need significant money for the Bryant Lake and Homeward Hills trails. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to approve the Trail Priority Ranking for 1997 funding as per the Staff agenda report and recommendation of April 15, 1997. Motion carried 4-0. CITY COUNCIL MINUTES April 15, 1997 Page 10 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Case moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Mayor Harris adjourned the meeting at 8:45 p.m.