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City Council - 10/21/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 21, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfumson added item XI.A.1. Report on I-494 Corridor Commission. Harris added item XI.A.2. Jullie added item N.O. APPROVAL OF THE CITY OF EDEN PRAIRIE EMERGENCY OPERATIONS PLAN. Jullie noted the Eden Prairie Hockey Association item in W.A.1. should be titled LAWFUL GAMBLING PREMISES APPROVAL AT HALF TIME RESTAURANT. MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTEMBER 30, 1997 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Minutes of the City Council/Staff Workshop held Tuesday, September 30, 1997. Motion carried 5-0. B. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 7, 1997 MOTION: Tyra-Lukens moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, October 7, 1997. Motion carried 5-0. CITY COUNCIL MINUTES October 21, 1997 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7, 1997 Case said the last sentence of paragraph 5, page 6, should be changed to: "...he does not believe that a wetland has to necessarily have water in order to be a viable wetland." Butcher-Younghans said paragraph 8, page 11 should be changed to "...oral history of a burial site near the cemetery area...." MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve the Minutes of the City Council meeting held Tuesday, October 7, 1997, as published and amended. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE 54-97 AMENDING CHAPTER 5, SECTION 5.35, TOBACCO C. 2ND READING OF ORDINANCE 55-97 AMENDING CHAPTER 4, SECTIONS 4.22, 4.33, AND 4.41, BEER, WINE AND LIQUOR LICENSING AND REGULATION D. APPROVAL OF OAK POINT POOL HOURS E. APPROVAL OF RELOCATION OF ARCHERY RANGE F. WASHBURN McCREAVY FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. 2nd Reading of Ordinance 53-97-PUD-33-97 for PUD District Review on 7.51 acres and Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Adopt Resolution 97-195 for Site Plan Review on 7.51 acres and Approval of a Developer's Agreement for Washburn McReavy Funeral Chapel. Location: East of Mitchell Road and Martin Drive Intersection. (Ordinance 53-97-PUD-33-97 for PUD District Review and Zoning District Amendment and Resolution 97-195 for Site Plan Review) G. APPROVAL OF MINI RINK AT WYNDHAM KNOLL PARK FOR ONE- YEAR H. RESOLUTION 97-196 AWARDING BID TO ABM EQUIPMENT FOR NEW 1997 AERIAL LIFT TRUCK, I.C. 97-5436 I. RESOLUTION 97-197 APPROVING FINAL PLAT FOR BRECKENRIDGE THIRD ADDITION J. RESOLUTION 97-198 APPROVING FINAL PLAT FOR BEARPATH NINTH ADDITION CITY COUNCIL MINUTES October 21, 1997 Page 3 K. APPROVAL OF INFORMAL PROFESSIONAL SERVICE AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR SIGNAL ANALYSIS AT FOUR SIGNALIZED INTERSECTIONS L. APPROVAL OF INFORMAL PROFESSIONAL SERVICE AGREEMENT WITH HTPO FOR CONCEPT PLAN FOR BYPASS LANE ON ANDERSON LAKES PARKWAY AT FRANLO ROAD M. AUTHORIZE Il"LEMENTATION OF A WINTER USE PERMIT FOR THE SOUTHWEST REGIONAL LRT TRAIL WITH HENNEPIN PARKS N. RESOLUTION 97-199 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL LOAN AGREEMENT AND INDENTURE OF TRUST RELATING TO THE WINDSLOPE APARTMENTS PROJECT MULTI- FAMILY HOUSING BONDS O. APPROVAL OF THE CITY OF EDEN PitAIRTF EMERGENCY OPERATIONS PLAN MOTION: Case moved, seconded by Thorfinnson, to approve items A-O on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING (Resolution 97-200) Jullie said the official notice of this Hearing was published October 2, 1997 in the Eden Prairie News and mailed to all property owners affected. City Engineer Alan Gray presented a review of the general scope of each project proposed to be assessed, including the final project costs and proposed assessment rates. He then noted changes to be made to the published assessment rolls. Regarding the Sunnybrook Road assessments on page 1, he said the owners of the Wersel and Farrel properties have requested that those properties be treated as homestead property at this time, which would move the assessment for the additional units to the time of development. Referencing page 6, the Supplemental Trunk Sewer and Water assessments, he said we have received a written objection from Physical Electronics. He recommended that this assessment be adopted, and then we can enter into some negotiations with them. If the settlement is much different from the initial assessment, staff will bring it back to the Council for review. Gray said the Tax Forfeiture item on page 7 is the reassessment on a property that is back out of tax forfeiture. He recommended we change the number of years from five to ten, per the owner's request. CITY COUNCIL MINUTES October 21, 1997 Page 4 Gray noted staff answered many questions during the meeting time from 6:00 to 7:00 p.m. tonight, so there may not be many questions from the audience tonight. There were no comments from the audience. Regarding PID 21-23-0018 on page 7, Butcher-Younghans asked why that property is being assessed over 14 years. Gray replied it is probably an exclusion that was part of the original assessment six years ago, which we would have assessed over a total of 20 years. Now they are using the facilities, so we will assess over a 14-year period. He noted it has been our policy to do that and have told people we would. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing and to adopt Resolution 97-200 approving the 1997 Special Assessments. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens 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 VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. CONCERNS AND QUESTIONS FROM PLEASANTVIEW ROAD RESIDENTS REGARDING INTERSECTION OF HIGHWAYS 101/62 AND DELL ROAD Jullie noted that in May 1997 the Hidden Glen Neighborhood petitioned the Council to place temporary barriers on Pleasantview Road due to extreme traffic levels. October 15, 1997 was to be the date for removal of the barriers. The residents have now requested to appear before the Council suggesting three alternatives for Council consideration which would give them relief from traffic levels for their neighborhood. Dietz reviewed his memo of October 21, 1997. He said the residents' alternative for a one-way street would be effective only if there could be another one-way in the other direction in the neighborhood, and we don't have an opportunity for that in this area. We would not be able to close it permanently because there is not enough room to put a terminus on the cul-de-sac. He thought their third alternative of two additional stop signs on Pleasantview Road at Bracketts Crossing and at Barrington would be the best. He thought this might be a reasonable solution to the problem of traffic cutting through. CITY COUNCIL MINUTES October 21, 1997 Page 5 Brian McQuillan, 19141 Pleasantview Road, said the purpose of the letter of October 13 from the residents was to give them an opportunity to come back to work with Council and staff and to have a community meeting to discuss it. The alternatives listed were not intended to be inclusive, and they had hoped to have more on-going conversation among themselves and with City staff. He would like to have a decision deferred so there could be more conversation. Mike Turgeon, 19197 Pleasantview Road, said the biggest objection they have . heard for closing the road permanently is the issue of snow removal. He thought we could have another six months of closure on the road to see how things would work with the snow removal this winter. This would create the least amount of changes for all those involved. Laura McQuillan, 19141 Pleasantview Road, said the road was not designed for the traffic level that is on it. She has concerns that we are benefiting those who are not Eden Prairie residents. If the stop signs are the best way to go, they want to keep the dialogue open with the City. She thought it will require heavy enforcement during rush hours. Kent Rigdon, 19200 Pleasantview Road, thanked the City for closing the road during the summer so they could feel safe backing out of their driveways. He said they are located at the end of the county and at the end of the City and are put in a no-win situation even with the stop signs and the eventual stoplight on Hwy 101. Fred Goldberg, 18921 Joseph Curve, understood the closure was temporary. The traffic pattern past his house has increased significantly since Pleasantview Road was closed. He noted they were not made aware of this meeting but he did walk around his neighborhood last night and asked people to fax letters to Alan Gray. He thought the stop signs on Pleasantview are a good idea. He would encourage putting in a no right turn onto Pleasantview during rush hours. They would like to see the barricades removed. Dietz said he had erred in assuming that the recommendation would lead to no further discussion. He said they got a petition with 36 signatures on it and several letters from the residents in the area asking that the street be opened. Tyra-Lukens asked if it isn't a matter of more than just space available for snowplows, but also turn-around space. Dietz said all the service vehicles would have a problem with turn around. Tyra-Lukens then asked him to define a collector street. Dietz said the standard width for collector streets is 32 feet, and that is the width of Pleasantview. We have as many as 3000 vehicles per day on collector streets. He said the levels they were at were within the ability of that type of street to handle. Tyra-Lukens asked Dietz to clarify the criteria for a four-way stop. Dietz said there should be a combination of 500 vehicles per hour in both directions CITY COUNCIL A MUTES October 21, 1997 Page 6 combined. He said there is no way this street would meet that criteria, but there are other reasons to put up the stop signs. He noted there will be a high incidence of disobedience to the stop signs there. He said they would not be able to patrol it all the time, but they would enforce it when they put the signs up so that people get used to it. Case thought the road has to be opened, and he thought there are things we can do to stop the non-Eden Prairie traffic from using it as a through street. He would like us to petition the County to have a no right turn from Hwy 101 during the morning rush hour. He thought that would stop the drivers who are going north on 101; however, it would not stop those cutting across Hwy. 101, but the stop signs might deter them. He did not think the residents moved in expecting 3000 cars per day on that street. He would like to have Staff pursue the no right turn issue with the County. Dietz said the maximum traffic volume before the road was closed was 1400. He thought the traffic will be freer flowing now with the construction that has taken place. He would caution against doing more than the stop signs at this point as they would like to monitor the situation and see if other measures are necessary. Case thought there is a long process involved in going to the County, and he would like to have Staff pursue that. If we have the power to put the no right turn sign up, then we should do it, otherwise we should go through the County. John Kuzara, 19113 Pleasantview Road, did not think the idea that Pleasantview Road was a collector street was brought forward at the meeting in May. He asked if width of the street is the only criteria. Dietz said the functional class drives the width of the street. They knew there would be a higher volume of traffic on that street, so they planned it with a 32-foot width. Kuzara said they had a meeting with Rod Rue, and they discussed that this was a residential street. Dietz said the road was designed as a collector street; however, the fact that driveways along the street are used to back out into the street also enters into the situation. He thought this is a good first step to address the issues. Kuzara thought the construction has nothing to do with the level of traffic on Pleasantview because they have had problems for years. Dietz said if we refer back to the discussion in May we would see that we expected the traffic to get significantly worse than it was at the time, and that was the reason for our temporary closure. He thought Hwy 101 and 62 will be a convenient alternative, and he would not anticipate a big back-up in this vicinity. Kuzara thought the 1400-car volume estimate is too low. He thought the reality is that they will still cut through. He asked if the concern is that we are limiting traffic within Eden Prairie. Harris said that is one of the concerns, because our transportation system is designed to distribute traffic around the City. Kuzara CITY COUNCIL MINUTES October 21, 1997 Page 7 said they get a lot of traffic from Chanhassen, not Eden Prairie, and he did not understand why a one-way would not work. Dietz thought we can monitor what is happening and we can always do more. Ladonna Krumholz, 19004 Pleasantview Road, said the traffic has been getting worse over the years. They have worked with the City and were told that stop signs would be driven through, especially unwarranted stop signs. She would like to discuss the alternatives and is not necessarily satisfied with the stop signs. She thought a one-way street would not cut off access for Eden Prairie residents, and she would like to consider that alternative. She thought expanding Hwy 101 to Hwy 5 will cause more problems. Tyra-Lukens asked if the preliminary plans for expansion of Hwy 101 shows any kind of divider that would eliminate crossover traffic. Dietz said they do not have any layout plan at this time; however, it is being developed. He didn't think there could be a full median through the intersection because all of the area west of Eden Prairie Road relies on that for access. He did not know if it will be signalized. Harris thought we should try the stop signs and monitor it to see what other mitigation might be required. A discussion followed about the no right turn sign. Dietz said we have talked to the County about this; however, he did not think we have ever had this situation with a county road before so he did not know what the protocol might be. He asked what would constitute an appropriate level of traffic. Butcher-Younghans would like to go slowly with this, and she thought the stop signs will change the behavior of Chanhassen drivers cutting through. She would be willing to have the neighborhood come back and talk about this again; however, we need to remember a change in the traffic pattern in one area changes it in another. Thorfinnson did not think there is a reason not to apply for the no right turn sign at this point. Once the intersection of Hwy 101 and Dell is finished, he thought the traffic will flow freely. In response to Dietz' question as to what is an acceptable level of traffic, he thought we need to come to a meeting of the minds, and a committee may be the best way to do that. Harris thought there are other residents who are feeling the impact of the road being closed. She would like to go ahead and discuss the sign with the county, but evaluate whether we want to put it in or not. Thorfinnson thought a sign would present some difficulties to the neighborhood. MOTION: Case moved, seconded by Thorfinnson, to approve the Staff recommendation for removal of the temporary barricades on Pleasantview Road at TH 101 and installation of 3-way stop signs as per the Staff Agenda Report of October 21, 1997, and with the request that staff pursue with the County putting in a no right turn sign to cover rush hours with the Council to have final approval to install such a sign. Motion carried 5-0. CITY COUNCIL MINUTES October 21, 1997 Page 8 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Update on I-494 Corridor Commission Thorfinnson said they are in discussions with the Southwest Corridor Coalition to promote a bus tour for elected officials through the southwest corridor. They are planning to have the tour in November and would like to get as many representatives and senators here as possible. They will be bussed from Plymouth and Maple Grove for a presentation here at the City Center. He asked the Councilmembers to participate if possible. 2. Breast Cancer Awareness Month Harris thanked Councilmember Tyra-Lukens for representing the City at the walk held recently at the Mall of America to highlight Breast Cancer Awareness month. Tyra-Lukens noted it was a wonderful event, and she learned the Mall has a clinic for women who do not have insurance for health screening procedures. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 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: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:30 p.m.