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City Council - 12/16/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 16, 1997 Immediately Following HRA Meeting 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 ROLL CALL Acting Mayor Tyra-Lukens called the meeting to order at 7:35 p.m. following the HRA meeting. Mayor Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items XI.A.1 and A.2. Butcher-Younghans added item XI.A.3. Tyra-Lukens added item XI.A.4. Jullie added item VIII.B. Request from Kandu Communications Inc. for Resolution of Support. MOTION: Butcher-Younghans moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP ON STRATEGIC MANAGEMENT/ VISION 2001 HELD TUESDAY, DECEMBER 2, 1997 MOTION: Thorfinnson moved, seconded by Case, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, December 2, 1997. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council Meeting held Tuesday, December 2, 1997. Motion carried 4-0. CITY COUNCIL MINUTES December 16, 1997 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 97-217 APPROVING SPECIAL LEGISLATION FOR PUBLIC SAFETY TRAINING FACILITY C. RESOLUTION 97-218 APPROVING FINAL PLAT FOR PINE ESTATES D. RESOLUTION 97-219 AWARDING CONTRACT FOR 1998 MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS, I.C. 98-5448 E. APPROVE BYLAW CHANGE FOR EDEN PRAIRIE FIRE RELIEF ASSOCIATION MOTION: Butcher-Younghans moved, seconded by Case, to approve items A-E on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/IVIEETINGS A. UNITED HEALTHCARE, INC. - LAZARETTI PROPERTY by United Healthcare. Request for Planned Unit Development Concept Review on 35 acres for a 720,000 square foot corporate office campus. Location: Hwy. 62 west of 212. .(Resolution 97-220 for PUD Concept Review) Jullie said the official notice of this Public Hearing was published on November 20, 1997 in the Eden Prairie News and sent to 23 property owners. The proponent is proposing to build a 720,000 square foot corporate campus on the 18 acres of the site that is guided office. The remainder of the site would not be developed. This saves the wooded hill to the east(currently guided medium density residential) and the wetlands to the south (currently guided quasi-public open space). Lynn Wallach, representing United Healthcare, reviewed background information about United Healthcare and plans for their 720,000 square foot corporate campus. He said this requires no change to the Comprehensive Guide Plan. Since the property is currently zoned agricultural, the property will require rezoning. He said they intend to keep as much open space as possible and plan to leave intact the two significant wetlands and the wooded hillside. They will have a progressive build-out of the building, with occupancy of the first phase planned for 2000. Case asked what their plans for Outlot A are in terms of designating a conservation easement and keeping it in a natural state. Wallach said it is identified in the concept plan as undeveloped, and they do not have a plan for it at this time. CITY COUNCIL MINUTES December 16, 1997 Page 3 Butcher-Younghans asked if they will keep their current building. Wallach said they will. Enger said the Planning Commission voted 7-0 to approve the project at its November 24, 1997 meeting, subject to the recommendations of the Staff Report of November 21. He said any future development of the property would require further modification because they are using almost all of the property in order to be under the 50% floor area ration required by ordinance. The traffic study indicates the roads and intersections in the vicinity will operate close to capacity after full improvements. There will need to be major improvements on I-494, and United Health Care will be an important partner with the City and other businesses in lobbying the legislature and the Governor's office to keep the I-494 project on track or accelerated. We have asked that they participate a Traffic Demand Management (TDM) program to help keep peak hour traffic under control. Enger said the difference between this proposal and that reviewed by the Planning Commission is that they will participate in their proportionate share of improvements to the local roads if the County does not complete the improvements as scheduled. He noted this is only a concept approval, and they will come back for zoning of subsequent phases. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval of the project on a 4-0 vote at its December 1, 1997 meeting, subject to the recommendations of the Staff Report of November 21 and with additional conditions that no wetland fill occur, the wooded hill be preserved and the tree replacement policy be adhered to. Tyra-Lukens thought she read there would be some small amount of wetland fill. Wallach said there are two small areas of wetland not on the national wetlands map that they intend to fill. He pointed out the two areas on the map and said they would mitigate those areas. There were no comments from the audience. Thorfinnson asked if the recommendation regarding the TDM was to work with the City and the I-494 Corridor Commission on TDM. Enger said it was. Case was very pleased with the project but cautioned he would have serious objections in the future if the natural features were altered. Tyra-Lukens asked if there will be a conservation easement. Wallach said they have discussed that with Staff. Tyra-Lukens thought the wooded hill is something that is looked upon as a landmark and she asked why they would not put a conservation easement over it. Larry Griffith, attorney for United Healthcare, said they will grant conservation easements over the wooded hillside and three larger wetlands on their property south of Hwy 62. They will work out the details with Staff. CITY COUNCIL MINUTES December 16, 1997 Page 4 Case asked if we should require carsonite markers. Enger said we would get into the issues of easements and markers at the time of rezoning. MOTION: Thorf=on moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-220 for Planned Unit Development Concept Review on 35 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the additional conditions that proponent work with the City on TDM practices and that any future requests and proposals include a conservation easement on the three wetlands and the wooded hillside. Motion carried 4-0. B. AUTHORIZE THE ISSUANCE SALE AND DELIVERY OF UP TO $3,593,800 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN-PRESERVE PLACE), SERIES 1997A, AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS (Resolution 97-221) Jullie said the official notice of this Public Hearing was published November 20, 1997 in the Eden Prairie News. The Public Hearing is being held to comply with IRS requirements concerning the issuance of housing revenue bonds. The refunded issue and refunding issue both are FHA insured mortgage loans. He said the City Attorney has reviewed the documents and has found them to be in order. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Thorfmnson, to close the Public Hearing; and to adopt Resolution 97-221 authorizing the issuance, sale and delivery of up to $3,593,800 Multi-family Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan - Preserve Place), Series 1997A, and approving the form of and authorizing the execution and delivery of the bonds and the related documents. Motion carried 4-0. C. VACATION 97-08: DRAINAGE AND UTILITY EASEMENTS OVER LOTS 14, 15 AND 16, BLOCK 2, BEARPATH ADDITION (Resolution 97-222) Jullie said the official notice of this Public Hearing was published on November 27, 1997 in the Eden Prairie News. The property owner has requested this vacation to enable the removal of underlying easements encumbering the property as a result of replatting 3 lots (Lots 14, 25 and 16, Block 1, Bearpath Addition) into two lots (Lots 1 and 2, Block 1, Breckenridge 4th Addition). The plat of Breckenridge 4th Addition dedicates replacement easements along the new lot lines. There were no comments from the audience. CITY COUNCIL MINUTES December 16, 1997 Page 5 MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; and to adopt Resolution 97-222 vacating the drainage and Utility Easements located in Lots 14, 15 and 16, Block 2, Bearpath Addition. Motion carried 4-0. D. VACATION 97-09: DRAINAGE AND UTILITY EASEMENTS OVER LOTS 1, 2 AND 3, BLOCK 1, BRECKENRIDGE SECOND ADDITION (Resolution 97-223) Jullie said the official notice of this Public Hearing was published on November 27, 1997 in the Eden Prairie News. The property owner has requested this vacation to enable removal of underlying easements encumbering the property as a result of replatting three lots (Lots 1, 2 and 3, Block 1, Breckenridge Third Addition). The plat of Breckenridge Third Addition dedicates replacement easements along the new lot lines. Also included in this request is the vacation of underlying easements from Lots 1 and 2, Block 4, Bearpath Addition which were not vacated when these lots were replatted into Breckenridge Second Addition. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 97-223 vacating the drainage and utility easements located in Lots 1, 2 and 3, Block 1, Breckenridge Second Addition. Motion carried 4-0. 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, Thorfinnson, and Tyra-Lukens voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Petition from Bryant Lake Homeowners Regarding Surface Management Ordinance Lambert said on December 1, 1997, the Parks, Recreation & Natural Resources Commission reviewed the petition from Bryant Lake homeowners requesting the City to revise the Surface Management Ordinance for Bryant Lake to adopt a no wake policy over the entire lake on Sunday afternoons. The current Ordinance restricts the speed limit to 15 mph. The Parks, Recreation & Natural Resources Commission recommended denial of the petition because they believed the no wake zone is too restrictive for Sunday use, Saturday and Sunday are prime times for public use of lakes and the real issue seemed to be a lack of enforcement of the existing law so that changing the ordinance would not do anything to improve CITY COUNCIL MMMS December 16, 1997 Page 6 enforcement. Only two individuals from the Bryant Lake area attended the December 1 meeting, and both were in opposition to the no wake policy. David Steen, 6741 Beach Road, was opposed to the request because of the restrictive nature and the intent to discourage the use of Bryant Lake. He thought the public policy is to encourage the use of scarce resources, and he doesn't think there is an overuse. The DNR said at best the lake has average use. He would like to see the 15 mph limit moved to the morning. Butcher-Younghans asked if we have a common policy for the 15 mph limitation on other lakes. Lambert said Bryant Lake is the only one, and that speed limit is 15 mph on Sunday afternoons only. The others have surface management ordinances. Red Rock Lake and Mitchell Lake have 10 horsepower limits, and Round Lake has electric motors only. Tyra-Lukens asked if the neighbors in this area heard what the results of the Parks Commission vote was. Lambert said he called Mr. Nolan the day after the Commission met to let him know the results of the meeting and the reasons for denial. Since then he has received no phone calls from Mr. Nolan or any of the neighbors. In order get a feel for what the 40 names represented, Case asked how many residents in the direct vicinity of Bryant Lake claim to be affected by the noise and safety issues. Lambert said he would guess there are about 40 properties that front on Bryant Lake. Case said his concern is that he has heard a lot of concerns about safety, use of small watercraft and noise on Sunday afternoons. He thought the residents have a valid point of view and should have the best view of what is happening there. Thorfinnson thought the residents represent a special interest group. He believes we need to look at this as the greater use for the greater community. We have an ordinance in place, and now we need to figure out how to enforce it. He would hate to see this lake tied up to a no wake policy on Sunday afternoons because that would restrict it to resident's use only. He thought this is very different from the other lakes because of its size. Butcher-Younghans thought the point is that it is a medium-use lake and 15 mph is not that fast. She thought the residents do not have an unbiased view, and we need to weigh all the attributes. Tyra-Lukens thought enforcement is really the issue and we will have to work with the Hennepin County sheriff to increase enforcement. She also thought the legislature is working on some issues concerning safety. CITY COUNCIL MINUTES December 16, 1997 Page 7 MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to deny the petition from Bryant Lake homeowners regarding a Surface Management Ordinance, for the reasons outlined in the Staff agenda report of December 16, 1997. Case noted that, prior to the Parks Commission review, the staff recommended approval of the request in the Staff Report. Tyra-Lukens noted there is no data provided to confirm the fact that there is a problem. VOTE ON THE MOTION: Motion carried 3-1 with Case opposed. B. Resolution 97-226 to Support Equal Opportunity Ownership in FM Commercial Radio Market as requested by KANDU Communications (Resolution 97-226) Thomas Ross, 6044 Elliott Ave. So., asked for support for equal opportunity ownership and non-profit ownership in the FM commercial radio market. MOTION: Case moved, seconded by Butcher-Younghans,to adopt Resolution 97- 226 supporting Equal Opportunity ownership in the FM Commercial Radio market. Motion carried 4-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HOUSING, TRANSPORTATION AND HUMAN SERVICES BOARD - Approval of human service funding process established by the Housing, Transportation & Human Services Board (HTHSB) Dave Lindahl, said the Housing, Transportation & Human Services Board is requesting that the Council review and approve the process this Board has established for reviewing funding requests from various service providing agencies. Although the Council may be aware of this review process, it has never been officially adopted. He said they have set up an RFP-type process for proposals. They rely on quarterly reports from providers to determine the effectiveness of the providers. Butcher-Younghans asked how they assess the quality of the service provided in order to make sure it is doing what we want. Lindahl said we request they provide quarterly reports with their invoices and have asked for special reports depending on the services they provide. We look at the numbers and also do site visits. Tyra-Lukens asked if the RFP format is new. Lindahl said it was recently put in place by the Board. Kardell noted we have brought the providers in during the CITY COUNCIL MW=S December 16, 1997 Page 8 RFP process and have, in some cases, taken them to task in terms of our expectations for services delivered. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Human Service Funding Review Process established by the Housing, Transportation & Human Services Board, as per the Staff agenda report of December 16, 1997. Motion carried 4-0. B. HERITAGE PRESERVATION COMMISSION-Request to authorize funding of$17,900 for the restoration of the Riley-Jacques farm granary. Jullie said staff is requesting the City Council authorize funding of$17,900 for the restoration of the Riley-Jacques Farm Granary. The total cost of the restoration is $22,900; however, Elaine Jacques contributed $5,000 toward the restoration in December 1996. He said we would redirect funds from renovation work at the Cummins-Grill house to this project. The Heritage Preservation Commission reviewed this request at their meeting last night and recommended we proceed with the project. Case noted he talked with Elaine Jacques and reassured her that progress was being made. He said she was prepared to contribute another $5,000 this year if the project had gotten started. He suggested that, in the event funding comes in equal to the $4,200 that is being redirected, we move back the funds to the Cummins- Grill homestead project. Butcher-Younghans thought it would be a good idea to have an overall plan for the maintenance of the three buildings we have committed to preserve. She thought basic maintenance like painting should be folded into the General Fund budget. Enger said Lambert and his staff have been working with Scott Kipp and others to identify exactly those issues. There has been maintenance going on, but it has been out of the general park budget. We need to identify what those items are and work on site development plans so that we can put budget funds towards those properties. Case thought this comes back to the issue of not putting aside money for capital improvements and long-term maintenance. MOTION: Butcher-Younghans moved, seconded by Case, to authorize Staff to proceed with restoration of the Riley-Jacques Farm Granary at a total cost of $22,900, per the Staff agenda report of December 16, 1997. Motion carried 4-0. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MIIN(MS December 16, 1997 Page 9 1. Report on Conference Case said he spent time with two groups at the recent conference he attended. One of the groups was promoting the All-American City designation, and he asked Staff to pursue what is involved in Eden Prairie being designated an All-American city. 2. Report on Conference At the same conference, Case got information from a community graphics company that does local area visual maps with advertising space. They provide 15,000 copies and will mail 12,000. He thought this would be great for the business community. He asked Staff to pursue this to see if it is something we should do. 3. Progress of Welfare Reform in South Hennepin County Butcher-Younghans said Hennepin County received a$3 million grant from the McKnight Foundation to help implement a number of programs created this summer and fall to help the process of welfare reform. She said she worked on the suburban employee hub concept that identifies hubs and tries to integrate child care, transportation and employment in one locale. They will have a brainstorming session soon to see how they can implement that program. 4. Registration of City Name and Logo Tyra-Lukens said she had received the information from the City Attorney regarding registering the City logo and would like to have staff pursue the possibility of registering our trademark. She thought it would be good for new businesses in the community to receive the information that it is a registered trademark. B. REPORT OF CITY MANAGER 1. Resolution 97-224 Certif,=ug the Tax Levy Collectible in 1998 and Adopting the 1998 Budget for the General Fund Operations, Equipment Revolving Fund Expenses, and Debt Service Obligations Jullie said pursuant to the conclusion of the Truth In Taxation Public Hearing on December 10, 1997, we are now presenting for Council's final approval the Resolution approving the Tax Levy and adopting the 1998 General Fund Budget. As a matter of information, Case noted tonight's item is just the final vote, and we have been involved in a very long budget process up to this point. CITY COUNCIL MINUTES December 16, 1997 Page 10 MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-224 Certifying the 1997 Tax Levy collectible in 1998, and adopting the 1998 General Fund Budget. Motion carried 4-0. 2. Resolution 97-225 Adopting the 1998 Local Transit Services Tax Levy Jullie said pursuant to the Truth In Taxation Public Hearing on December 10, 1997, Staff recommends adoption of the 1998 Local Transit Services Tax Levy. MOTION: Butcher-Younghans moved, seconded by Case, to adopt Resolution 97-225 adopting the 1997 Local Transit Services Tax Levy collectible in 1998. Motion carried 4-0. C.REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Proposed Cash Park Fees for 1998 Lambert said Staff is recommending the park dedication fee for residential development be increased from$1,400 per unit to $1,650 per unit, and the fee for commercial/office/industrial development be increased from$4,500 per acre to $5,000 per acre. These increases are based upon results of a survey of the fee structure in other communities, and recognizing the fact that our fees are lagging behind the actual value of land in Eden Prairie. He said the Parks Commission recommended approval of the proposed cash park fees at their December 1 meeting on a 4-0 vote, per the recommendations of the Staff Report of December 16, 1997. Thorfmnson asked where this puts us in relation to other cities. Lambert said this would put us in second place for 1997, behind Bloomington. Thorfinnson then asked if this is the same as we have been doing with other fees. Lambert said we have to increase fees in order to keep pace with land values. Tyra-Lukens asked if we can peg this to inflation or land value so we don't run into problems. Lambert said we run into problems every year because it is hard to catch up. This is a healthy increase, and we have to be sure we don't jump too much, particularly in respect to other fees for developers. If we just peg it to inflation, we would never catch up. He noted we need to get as much as we can during the next few years while we have developable land. MOTION: Case moved, seconded by Butcher-Younghans, to approve the proposed Cash Park Fees for 1998, per the Staff agenda report of December 16, 1997. Motion carried 4-0. CITY COUNCIL MINUTES December 16, 1997 Page 11 2. Miller Spring Revised Plan Lambert said there is additional information after the plan was reviewed at the Heritage Preservation Commission last evening. The Commission recommended a slightly different plan. They recommended a less formal plan to take advantage of the natural setting of the spring. Lambert said Staff is recommending approval of the plan with the revisions suggested by the Heritage Preservation Commission. He said if the concept plan is approved tonight, we would return to the Watershed District and request they redesign it in terms of how the wall is developed and the parking. More detailed plans for the signage kiosk and the specific site plan and landscape plan would be provided to the Council prior to proceeding with the project. Butcher-Younghans asked if we will have to have a site alteration permit since this is a designated heritage preservation site. Lambert said we will, and we will also have to have an archaeological survey. Butcher- Younghans asked if we will have to have a Public Hearing once the site plan comes back and the alteration permit has gone through the process. Lambert said that is true. Tyra-Lukens liked the revised plan and asked if we could get the bids broken down by the different aspects of the project. Lambert said we could. Butcher-Younghans asked if there will be a bench or a place to sit. Lambert said there isn't at the concept plan level, but they have discussed it. MOTION: Butcher-Younghans moved, seconded by Case, to approve the revised concept plan for improvements to the Frederic-Miller Spring per the Staff agenda report of December 16, 1997. Motion carried 4-0. 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: Thorfinnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 9:05 p.m.