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City Council - 07/15/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 15, 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 All members were present. PRESENTATION OF THE CITY ACHIEVEMENT AWARD FOR THE EDEN PRAIRIE HOPE PROGRAM TO THE CITY OF EDEN PRAIRIE AND THE HOUSING, TRANSPORTATION & SOCIAL SERVICES BOARD FROM THE LEAGUE OF MINNESOTA CITIES Jim Miller, Executive Director of the League of Minnesota Cities, presented a City Achievement Award in the category of housing and economic development for the Eden Prairie HOPE Project. Mayor Harris thanked Mr. Miller, the League and all those who made the program successful. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Questions About Severe Weather Siren Alerts. Thorfinnson added item XI.A.2. Report on I-494 Corridor Commission. Harris said City Attorney Pauly has requested a Closed Session with the Council at the close of the regular meeting to discuss matters in litigation. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the Agenda as published. Motion carried 5-0. II. OPEN PODIUM Kim Lindquist, 9933 Balmoral Lane, said they have had their second neighborhood meeting for a development in their immediate area, and they believe the developer has made no attempt to address their concerns. They have sent letters to the Planning CITY COUNCIL MINUTES July 15, 1997 Page 2 Commission and to the Council explaining the extent of their concerns about the project. Dennis Bracken, 9913 Balmoral Lane, said they are on the fringe of Hwy 169 near the new river bridge, and they hear truck traffic all night. There are noise barriers on the Bloomington side, but they have none on their side of the highway. He said the area without noise barriers will grow if the developer's plan is approved. Barb Cornell, 10050 Buckingham Drive, was concerned that the traffic issue be fully addressed as there are many small children in their neighborhood. Harris said their concerns have been duly noted by the Council and there will be opportunities for neighborhood input at each stage of the project as it goes forward. Charles Knowles, owner of a tobacco store in Hopkins, said he has applied for a license for a new store in Eden Prairie. He asked that the Council reconsider banning self- service in his store. His store will be only 15 feet wide and they don't allow anyone in the store under the age of 18. Harris noted the ordinance was enacted to inhibit youth access to tobacco, but the Council could have some discussion about it. M. MINUTES A. CITY COUNCIL JOINT MEETING WITH EDEN PRAIRIE CIIAMBER OF COMMERCE HELD TUESDAY, JULY 1, 1997 Harris said page 4, paragraph 2, sentence 4 should be changed to: "Vile don't have a formal structure at present, but..." Butcher-Younghans said the spelling on page 4, paragraph 6, should be changed to "More House." MOTION: Tyra-Lukens moved, seconded by Case, to approve as published and amended the Minutes of the City Council Joint Meeting with Eden Prairie Chamber of Commerce held Tuesday, July 1, 1997. Motion carried 4-0-1, with Thorfinnson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 1, 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council Meeting held Tuesday, July 1, 1997. Motion carried 4-0-1, with Thorfinnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 97-130 SUPPORTING A HENNEPIN COUNTY APPLICATION FOR ISTEA FUNDING OF CSAH 1 BETWEEN EDEN PRAIRIE ROAD AND TH212 CITY COUNCIL MINUTES July 15, 1997 Page 3 C. ADOPT RESOLUTION 97-131 SUPPORTING A 11ENNEPIN COUNTY APPLICATION FOR ISTEA FUNDING OF TH101 BETWEEN CSAH 62 AND TH5 D. CAR-X MUFFLER AND BRAKE by Cook Properties - Eden Prairie, L.L.C. 2nd Reading of Ordinance 33-97 for Zoning District Change from Rural to C- Reg-Ser on .56 acres, Adopt Resolution 97-132 for Site Plan Review on 0.56 acres and Approval of a Developer's Agreement for Car-X Muffler and Brake for Brian Cook. Location: 8108 Eden Road. (Ordinance 33-97 for Zoning District Change and Resolution 97-132 for Site Plan Review) E. APPROVE CHANGE ORDER NO. 3 FOR DEN ROAD MUNICIPAL LIQUOR STORE F. RESOLUTION 97-133 AWARDING BID FOR ONE LIGHT RESCUE SQUAD FOR THE EDEN PRAIRIE FIRE DEPARTMENT, I.C. 97-543!9 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve items A-F on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. MUSA LINE EXPANSION Adopt Resolution 97-134 for Comprehensive Guide Plan Amendment. (Resolution 97-134 for Comprehensive Guide Plan Amendment) Enger said the official notice of this Public Meeting was published on July 10, 1997 in the Eden Prairie News. The Council received a request from three property owners in the spring of 1997 and, after reviewing the supply and demand for land, the Council directed that the Met Council be petitioned for the change in the MUSA line. After a review of the City's updated transportation plan, the Metropolitan Council voted on June 16, 1997, to approve approximately 600 acres of the City's MUSA Line request and to continue the discussion on the remaining approximately 235 acres for 60 days. The 235 acres represents property proposed to be acquired by the Metropolitan Airports Commission outside of the current MUSA line. He noted the MUSA line expansion changes the timing of possible development of the southwest area and is not a land use plan. The current comprehensive land use plan remains in place. Enger suggested the appropriate action for the Council would be for the approval of the 835 acres, 235 of which would be contingent upon further approvals from the Met Council. The Planning Commission reviewed the resolution last evening and recommended on a unanimous vote that the request be approved and the Musa line be extended. CITY COUNCIL NHNUTES July 15, 1997 Page 4 Enger said the Council looked at general strategies for development in the southwest area at the last meeting. The City has also visited with major property owners and developers because we are at a point where we can engage in active discussions before development proposals come in. He said a key element to the success of such a process is to have the parties at the table who are able to carry out the results of the discussions. We have additional controls going forward through our current process for approval, a process that has resulted in the developed part of Eden Prairie being as it is today. We will also have to go through the process of a Feasibility Study for the public utilities in the areas. None of the property is currently zoned to a higher use than agricultural. David MacEvers, 8685 Black Maple Drive, said he was speaking on behalf of the Eden Prairie Conservation Alliance. They are trying to protect the scenic views and natural open spaces. He suggested a southwest Eden Prairie initiative be held that would include a series of workshops to discuss development in that area. Topics should include such items as the trail system and the linkage to the Minnesota River trail system, erosion control, bluff setbacks, open space preservation, and preservation of historically significant land. They would like to see a map of Eden Prairie showing the protected land. Enger noted the MUSA line proposal includes only the top of the Minnesota river bluffs, not the actual bluffs nor the base. Paul Olson, 8899 Flescher Circle, was concerned about information transmission about what is going on to people in Eden Prairie. He thought we need to address the issues of higher density now when we have an opportunity to discuss it at the front end of the development process. He would like to see what the tax revenue generation proposed by the plan would be. The populace of Eden Prairie does not respond to a development project until it is in their backyard, and he would like to see some effort made to make the general populace aware of what is going on. Harris noted we have grappled with how best to make the citizens aware of what is going on and have made use such means as the community newsletter. Olson said the most troubling issue to him was looking at the Guide Plan that shows an anticipated use of 2.5 units per acre while we are now looking at a geometric change to that number. Enger said, in round numbers, the 3000 residential units valued at$200,000 would produce $2.4 million in annual tax revenue. The value of the 1500 acres is $130 million. He noted the growth strategies presented at the last meeting were just asking for more definite direction from the Council as to what they may be willing to entertain, specifically density transfer. The 1500 acres is gross, while the net area for development is 835 acres. They would attempt to preserve over 40% of the land as open space and would have to use density transfer in order to do that. He noted that the drawings were not plans, but rather were just suggestions. We are not suggesting that the density increase at all. CITY COUNCIL MINUTES July 15, 1997 Page 5 Michael Rush, 6907 Hanover Lane, representing the Citizens for Responsible Development, thought this has implications for all of Eden Prairie. He noted they do not oppose extending the MUSA line but rather are concerned about the decision-making process. They feel that when they come forward to give their input, it is at the end of the process. They lose the ability to get good ideas into the strategic plan when they get involved on a project-by-project basis. He thought the goals presented at the last meeting were unfortunate in that one goal would have to be pursued at the expense of another. He thought we need debate on which goals to pursue in terms of priority. There are also no parameters for achievement of objectives. Rush proposed that their coalition would put together some of the people who would be helpful in the discussions and bring their names to the Council. They would like to be treated as a group of record so that they could get copies of existing materials and any materials produced going forward at no charge. They would like tonight's decision to be tabled in order to explore objectives and strategy and make sure we get it right. They would like to come back in 60 days to give a series of proposals that would provide some alternatives or ideas that have not been brought forth. Brett Hope, 14700 Flying Cloud Drive, said he is a conservationist who has worked on environmental issues in the City for several years. He was concerned that the conservation issues remain part of the focus. Dan Herbst, developer and builder, has seen the City develop some of the most superior ordinances in the seven-county area. The Comprehensive Guide Plan provides protection of the bluffs, wetlands, trees and steep slopes. He thought delays will cause developers to be denied use of their land. Delays will increase the cost of housing in the City. Norma Wuttke, 16860 Flying Cloud Drive, was concerned about recurring invasions of privacy on her property during the last few years. She did not think anyone else should decide what she should do with her property. Loren Wuttke, 16860 Flying Cloud Drive, said he owns 53 acres of land that he bought and paid taxes on to provide an opportunity to give his son an inheritance. He was concerned about over-regulation and noted the State Supreme Court made a decision regarding the property owner being able to collect if there is a diminishment of the value of his property. He was concerned that the Conservation Alliance wants to regulate someone else's land. John Standal, 9955 Spring Road, said the time has come for the property owners in the southwest area and he believes the current process will work between City Staff and the property owners. CITY COUNCIL MINUTES July 15, 1997 Page 6 David Brown, 9801 Spring Road, has always been treated fairly and honestly by City staff and he appreciates what they have done. He has developed a lot of property in Eden Prairie and has always felt a responsibility for that development. He thought we have ordinances that will protect us. One of the great costs of housing is land cost and development costs. The longer development is delayed, the more expensive the projects become. Darrill Peterson, Flying Cloud Drive, said it would not be right to deny the property owners the rights to develop their property. Richard Voegel, 1105 Pioneer Trail, thought Staff has done a good job of protecting Eden Prairie. He would like to see the extension approved. Mike Soule, 1492 Homestead Trail, Minnetrista, said the process the City has endorsed thus far in the development of Eden Prairie has been very successful. He did not think it would be wise to delay the expansion. Rush said he wanted to make it clear to the landowners that his group does not want to stop anyone from developing their land; however, extending the MUSA line isn't free and we, as a City, are being asked to pay for the extension of the MUSA line. The fact that we have to put in the utilities is worthy of debate. He said they are not standing in opposition of personal property rights. Tyra-Lukens noted that Mr. Rush referred to the earlier group of citizens as being an example of citizen input at the end of the process; however, that group is actually at the beginning of the development process. She said the MUSA line issue is at its beginning as well. Harris said the development process in the southwest area will give an opportunity for anyone who is truly interested to be involved. She said we have a formal process that begins with the kind of guiding principles that have brought about the current development process. She would hesitate to set up additional processes beyond those we now have in place. Enger said we made a decision many years ago to accept urban services to our area. We put together a plan to respond to growth and accepted utilities. A debt was incurred for the infrastructure that was end-loaded so that early residents don't pay for all the debt. He thought the idea that current residents would subsidize the infrastructure debt in the southwest area is incorrect. Harris read aloud the proposed resolution. MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to adopt Resolution 97-134 amending the Comprehensive Municipal Plan for an 835 acre MUSA Line expansion, provided however, adoption of the amendment of the plan as it related to 235 acres proposed to be acquired by the Metropolitan CITY COUNCIL MINUTES July 15, 1997 Page 7 Airports Commission is subject to Metropolitan Council approval. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, 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." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO THE SALE OF ABANDONED PROPERTY Enger said the Police Department has requested this amendment in order to enable the City to sell abandoned property through an organization called "The City Store," reported to be an outlet for Minneapolis police property and evidence warehouse. Tyra-Lukens asked how much of this type of property we sell. Dietz said we collect up to 150-200 bikes per year and have had to store them in the maintenance facility. This is an alternative way to dispose of such property. MOTION: Case moved, seconded by Butcher-Younghans, to approve lst Reading of an Ordinance Amending City Code Chapter 2 relating to the Sale of Abandoned Property. Motion carried 5-0. VHI. PETITIONS,, EQIXSTS AND COMMUNICATIONS A. REQUEST FROM RADIATOR WAREHOUSE TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS - DENIAL OF VARIANCE 97-8 (AN EXTENSION OF VARIANCE 96-9). Enger said, after several months of violation of the Ordinance prohibiting outside storage, the proponent applied for a one-year variance to allow continued use of three metal storage units. The Board of Adjustments & Appeals granted a one-year variance to allow continued use of the metal storage units in May of 1996. The proponent did not conform to the conditions of the variance, and the Board of Adjustments & Appeals denied further extension of the variance at its June 1997 meeting. The proponent is requesting review of the Board's decision. Enger said the Council has a choice as to whether to set a public meeting to hear an appeal of the variance or to uphold the Board of Appeals findings. Thorfinnson and Tyra-Lukens were in favor of supporting the Board's findings. CITY COUNCIL MINUTES July 15, 1997 Page 8 Butcher-Younghans asked what the outcome of denying the variance would be. Enger said the proponent would have to remove the three metal storage units. If he did not remove them, he would be in violation of the City ordinance and could receive a fine or possibly be imprisoned. Case asked how many days would proponent have to remove the three buildings if we vote to support the Board's decision. Enger said staff would be reasonable, and it could be open to Council direction. Case was concerned about the precedent issue, and he thought we need to draw the line somewhere. He would like to see a way to give him some more time. Harris agreed with supporting the Board of Appeals, but we should set a date for removal. Enger noted the Board recommended 60 days. Butcher- Younghans said she could support that time limit. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to support the Board of Adjustments &Appeals decision denying Variance 97-8. Motion carried 5-0. Motion withdrawn- see item XLF. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Questions About Severe Weather Siren Alerts Case received a call from a woman in the Winfield neighborhood Sunday evening after the storm. She said the severe weather sirens were going off in Chanhassen but she did not think the sirens in Eden Prairie were going off. Case asked if the sirens are strategically located and how loud they should be. Enger said the sirens did go off in Eden Prairie. He reviewed the process used to set off the sirens. He noted that strong winds can cause a variation in the sound from the sirens. He will review the procedures with Police Chief Clark. Butcher-Younghans asked if the sirens go off for severe thunderstorms or just for tornadoes. Dietz said they go off when there is imminent danger for property or life. He thought we should have Police Chief Clark explain the procedures. He noted the sirens are not meant to be an indoor warning, so it would be possible not to hear them inside the home. CITY COUNCIL MINUTES July 15, 1997 Page 9 Case asked if it is possible there are areas that are not covered. Enger said staff will check with Clark to see if there are any holes in the system. 2. Report on I-494 Corridor Commission Thorfinnson said they made a presentation on July 6 to the last of the seven City Councils and received their approval for the new direction of the commission. They will begin the process of rewriting the Joint Powers Agreement and will bring it forward for the Council's support. They are looking at MNDoT's proposed construction along the I-494 corridor. They are talking to the engineers of the cities involved in order to map out the plans with MNDoT to see which items should be put on the priority list. Regarding the Commission's trip to Washington, D.C., Thorfinnson said there was no formal request made for money; however they learned a lot about the process. They plan to return next year with a formal request for construction of the I-494 expansion. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. MILLER SPRING EUPROVEMENT PROJECT Lambert said the Watershed District reviewed and recommended approval of the Miller Spring improvement project with the City of Eden Prairie. They are asking for approval of the concept and the general cost estimate and also for authorization for Barr Engineering to do the final plans and specs. The City would withhold final approval of the project until we can look at the final design of the gazebo. The Staff has some concerns about how we will deal with water freezing inside the gazebo and how the riprap will work. Butcher-Younghans would like to see the plan retain as much of the natural beauty of the spot as possible. Lambert said this does not go outside the existing boundaries. Butcher-Younghans said it was difficult to tell where the boundaries are because there were no measurements. Tyra-Lukens would like to see a much less expensive version of the project. She was dismayed at the expansion in size and scale of the gazebo. She thought this is way too costly for what we are getting out of it, especially in consideration of other park projects we need. CITY COUNCIL MINUTES July 15, 1997 Page 10 Case said that, during an earlier discussion on Miller Springs improvements, someone made the comment that this is one of the most visible and most used sites in the City. He wanted to verify whether we know if pollution to the water table could result in this not being usable in the near future. Lambert said there is no guarantee on an artesian well like this is. They test it weekly, but it could change at any time. Harris thought this type of construction could help prevent site contamination. Thorfinnson was not sure about the gazebo. He asked if the parking area proposed also serves the walking trails. Lambert said it does; however, there will be another access points to the Prairie Bluff Recreation Area with parking. Tyra-Lukens thought we had decided we needed to meet the needs of the community at this point to make it safe and attractive and then if we have more money in 15 years or so, we could improve it at that time. Butcher-Younghans thought this is an important project and she liked the idea of a gazebo to provide cover to people getting water. She would like to see something slightly smaller, and she was not sure of the riprap. A certain portion of the cost is for the parking, but she thought we might reduce the size of the gazebo. Lambert said we could not scale it down and have it provide the shelter necessary. He suggested we do the gazebo as an add-alternate. It could be added later or we might be able to get a group to pay for it. Tyra-Lukens suggested we have alternate versions of the gazebo drawn up. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to authorize Barr Engineering to proceed with plans and specifications for the Miller Spring improvement project and provide the City Council with detailed plans on the final design of the gazebo prior to going out for bid on this project and incorporating the Council's recommendations regarding the gazebo. Motion carried 5-0. 2. JULY FOURTH CELEBRATION UPDATE Lambert said they have had nothing but positive responses so far. He said it is not too soon to determine whether we want to stay in the Eden Prairie Center area or go back to Round Lake Park. We need to contract for the fireworks events and with the landowners. Case also has heard nothing but positive feedback for this year's event. Some people qualified it with the fact that they liked Round Lake Park for the all day event on the beach. He would like the Council to have an CITY COUNCIL NIINUTES July 15, 1997 Page 11 early discussion about the pros and cons of alternative sites. He thought the airport should be considered as they were excited about the concept of using their land for this year's event. Butcher-Younghans thought it was a good test case. The responses she got were that this worked so well, why do something different. Thorfinnson thought there is a hidden cost for the non-profit vendors who could not raise close to the amount of money they raised in the past because of the venue. He did not want them to be forgotten. Tyra-Lukens liked Councilmember Case's idea about getting a list of the pros and cons of what we do with this event. She was concerned about the public safety because it could expand even more in terms of numbers. She thought it was a little easier to handle at Round Lake Park. Harris received only positive comments. She had been concerned about moving it from Round Lake Park, but her impression at the event was that people were having a very good time. She thought the band contributed to the ambiance. There was ease of access and exit because of the multiple sites of entry, so it was available to more people. Regarding the concerns about public safety, Enger's discussions with Police Chief Clark revealed the Police were very happy with the way it went this year. They handled at least twice as many people with half the effort. They are not endorsing going back to Round Lake Park. They have received a lot of complaints about Round Lake Park, and they didn't receive any negative input about this event. It was much more manageable. The business community stepped up the sponsorship because it was in the business area. He thought we can address the issue of the service organizations and find ways to help them improve their performance. Case noted there were things going on at each park. He thought there are some alternatives that may address the issues. He thought Staff needs to take the lead on developing the plan with Council input. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. RESOLUTION 97-135 AUTHORIZING SALE OF PARKS/PUBLIC WORKS MAINTENANCE BUILDING AND FIRE STATION NO. 1 TO MnDOT FOR TH212 RIGHT-OF-WAY PURPOSES CITY COUNCIL MINUTES July 15, 1997 Page 12 Dietz said City staff have finalized the terms and conditions of sale of the City buildings, including provision to allow us use of the fire station until as late as June 1998. If we have to vacate by March 31, 1998, it will be at a time when we won't have a fire station. The fall-back plan would be to use parks and public works building. Harris asked how soon after March 31 we would be able to have the new fire station. Dietz said he can't answer that, but it probably would be mid-year at best. They have a lot of issues to decide on, including financial issues, a decision-making process to prioritize location of the site, and some negotiation to finalize the sale of land. Until a design is underway, it is going to be a full year process at best. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 97-135 authorizing sale of Fire Station No. 1 and Parks/Public Works Maintenance Building to the Minnesota Department of Transportation (MnDOT) for right-of-way purposes to construct Trunk Highway 212 (TH212). Motion carried 5-0. F. REPORT OF CITY ATTORNEY City Attorney Pauly said the Council should reconsider the motion for item VII.A. because it was an appeal rather than a request for review. MOTION: Case moved, seconded by Tyra-Lukens, to reconsider the motion. Motion carried 5-0. Butcher-Younghans withdrew the motion with the consent of Thorfinnson. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to set a date of August 19, 1997 to hear the Appeal of Variance 97-8. Motion carried 5-0. XI[. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. At 10:10 p.m. Mayor Harris adjourned the meeting to a closed session with City Attorney Pauly to discuss matters in litigation.