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City Council - 01/20/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 20, 1998 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 ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. PROCLAMATION: 1998, A YEAR TO RECOGNIZE AND CELEBRATE DIVERSITY AND HUMAN RIGHTS Mayor Harris read a proclamation proclaiming 1998 as a year to recognize and celebrate diversity and human rights. She presented a copy of the proclamation to Gloria Winans, Vice Chair of the Human Rights & Diversity Commission. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item XI.C.4 Bid Award for Community Center Pool Renovation Project.. Thorfinnson added item XI.A.1. Small Calendar in Eden Prairie News. Tyra-Lukens added item XI.A.2. Report on Suburban Transit Authority Meeting. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried 5-0. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 6, 1998 MOTION: Case moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council Meeting held Tuesday, January 6, 1998. Motion carried 5-0. CITY COUNCIL MINUTES January 20, 1998 Page 2 W. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF REQUEST TO APPLY FOR NATURAL AND SCENIC GRANT FOR ACQUISITION OF OPTION PARCEL #2 OF KLEIN/PETERSON PROPERTY AND SET HEARING DATE FOR FEBRUARY 3, 1998 C. RESOLUTION 98-13 APPROVING CONSTRUCTION AGREEMENT WITH MNDoT FOR MTS SANITARY SEWER AND WATERMAIN D. APPROVAL OF CHANGE ORDER NO. 3 FOR WATER PLANT EXPANSION PROJECT, I.C. 94-5350 E. APPROVE CHANGE ORDER NO. 1 FOR TRAFFIC SIGNALS AT TH 212 AND FOUNTAIN PLACE, I.C. 96-5398 F. APPOINTMENT OF LANG, PAULY, GREGERSON & ROSOW FOR GENERAL COUNSEL AND PROSECUTING SERVICES G. RESOLUTION 98-14 DECLARING COMPUTER EQUIPMENT EXCESS AND AUTHORIZE CITY MANAGER TO DISPOSE OF THE PROPERTY THROUGH A PUBLIC SALE Jullie noted there is a revised inventory list for item G. MOTION: Tyra-Lukens moved, seconded by Case, to approve items A-G on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. GERRING CAR WASH by Gerring Properties, Inc. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Community Commercial on 2.5 acres. Location Aztec Drive and Anderson Lakes Parkway. (Resolution 98-15 for Comprehensive Guide Plan Change) Jullie said the official notice of this Public Hearing was published on January 8, 1998 in the Eden Prairie News and was sent to 28 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). David Gerring, representing Gerring Properties, said they are requesting a Guide Plan change in order to build a full service car wash on the property. CITY COUNCIL MINUTES January 20, 1998 Page 3 Butcher-Younghans asked about the hours of operation and what kind of noise the facility would generate. Gerring said the hours at their Wayzata facility are 8:00 to 7:00 Monday-Friday, 8:00 to 6:00 on Saturday and 9:00 to 5:00 on Sunday. There will be no noise outside of the building, and they will operate an exceptional full service car wash here as they do in Wayzata. Butcher-Younghans then asked if the noise would be the same as the car wash down the block. Gerring said the air dryers in the facility down the block are closer to the exit whereas the dryers at the Gerring facility will be contained inside the building. Enger said the Planning Commission reviewed the project at their December 5 meeting and found adequate reasons presented to support the change in the Guide Plan. They recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of December 5, 1997. Enger said among the issues they discussed was the question whether this location is appropriate for Community Commercial and, if reguiding is done, the City will have some kind of guarantee on a follow through for rezoning for this use. They were also concerned as to how this would affect the surrounding vacant properties and if this would result in further requests for reguiding to Community Commercial. The Parks Commission did not review the project. Enger noted that if the project is approved by the Council tonight, it will go on to the Met Council for their approval. The proponent would then return for a rezoning of the property to Community Commercial. Case asked what limits we could place on this land if we do go ahead with the reguiding. Enger said rezonings in Eden Prairie are specific to the use that comes in. Significant changes to those plans are reviewed again at some level. He said there would be a more limited ability to choose between Community Commercial uses if this project is not completed. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 98-15 for Comprehensive Guide Plan Change from neighborhood Commercial to Community Commercial on 2.5 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Tyra-Lukens thought the plans that have been presented are great; however, while the Guide Plan and zoning rules are not meant to be immutable, she tries to find a compelling reason for a change to the Guide Plan. She does not see a compelling reason to change it for this particular parcel of land. She thought there has been some development in the area that might change the need for Neighborhood Commercial here. She was concerned about the ramifications on the property to CITY COUNCIL NIINUTES January 20, 1998 Page 4 the east and the possibility of having to accept any Community Commercial use here in the future if the car wash project is not completed. Butcher-Younghans thought this is a reasonable use for this particular area because of the anchor of Amoco on one end and the ABRA building on the other. She thought the proximity to Hwy 212 makes a difference. There is a buffer on the east side of Aztec Drive that is zoned Neighborhood Commercial, and there is a berm between that area and the residences behind it. She thought we need a full service car wash in Eden Prairie and believes the Planning Commission thoroughly reviewed the project. She thought landscaping would be essential to provide a buffer for the project. Tyra-Lukens said some of the changes made along the Hwy 212 strip have been from more intense to less intense, and she was not sure the strip to the east of this would stay Neighborhood Commercial. She thought there is a possibility of it being used for an office building. She thought this developer has other options in the City. Thorfinnson said he has a great deal of faith that the proponent will bring this to closure and that they will stay there. He didn't have a problem putting this facility on this particular site; however, he would like to see that the area to the east stays Neighborhood Commercial. He was also reluctant to turn down a proposal to develop a piece of land that has been idle for some years. Case was not sure what might come through that would be a better use of this site than the current proposal. Harris asked how much land the project has. Enger said it is 3.76 acres including the pond area; however, it will use 2.5 acres. Harris asked if the car wash would use the full 2.5 acres. Enger said it would. Harris said it appears we are creating an automobile services strip along Flying Cloud Drive. She also has difficulty envisioning what else could go in between the Amoco and Abra facilities that would be measurably better than the proposed use. She thought there is a need to include with this a continued use of the Guide Plan on the other side of Aztec Drive as Neighborhood Commercial for a buffer to the residential area. VOTE ON THE MOTION: Motion carried 4-1, with Tyra-Lukens opposed. Enger reminded the proponent that a rezoning requires at least four affirmative votes and they should make every effort to incorporate the Planning Commissions suggestions before coming back to the Council for rezoning. CITY COUNCIL MINUTES January 20, 1998 Page 5 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, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION - Report and Recommendation regarding Continuation of Water Surcharge Dietz introduced Environmental & Waste Management (EWM) Commission members Ray Stoelting, Ellen Richard and Reed Larson and Staff Member Leslie Stovring. He said the discussion regarding water conservation began in 1994. The conservation plan was designed to focus on public education, enforcing our existing ordinances starting with the odd-even watering restrictions and the noon to 5:00 p.m. total ban, and some type of adjustment in water rates that would have an impact on how we use water in the summer time. Dietz said the water surcharge rate structure was put in place last summer. Staff has collected and analyzed data collected on water usage during the past year. He said 71% of the bills that went out did not include a surcharge. Staff believes the surcharge was very successful because it was meant to develop an awareness in the community and they believe that has happened. The EWM Commission is recommending a continuation of the surcharge. We need to keep some type of system in place and, if changes are made, they would have to be designed to integrate into the Logis system. The Commission also recommended that some of the $50,000 in revenue that was generated by the surcharge be used for a public education effort. Thorfinnson asked if there is any way to determine what effect this might have had on usage. Dietz said that is difficult to determine; however, he believes it increased awareness about watering lawns. Patty Wenzel, 16024 Berger Drive, read her letter protesting the surcharge. She had concerns that the baseline set for winter usage was too low, that no consideration was given to soil conditions, and that there was discrimination against certain property owners. She asked the Council to re-evaluate the guidelines. Tyra-Lukens was somewhat concerned about the number of people here tonight; however, she was not sure what the notification process was for this meeting. She would like to get more input from people and more information on several issues CITY COUNCIL MINUTES January 20, 1998 Page 6 before we move on. She would like to put together some questions for Staff and the Commission and then have a workshop session. Thorfinnson also wanted to sent this back to Staff to develop some creative alternatives. He was concerned about ramifications and would like to have more time to think about this. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to continue this discussion to a Council workshop session in order to have Staff develop alternatives to address some of the concerns that have been expressed. Motion carried 5-0. Tyra-Lukens was concerned that the odd-even system may actually cause higher usage if property owners water lawns every other day because they can't wait to water on the third day. Thorfinnson said he is one of those who suffer from below average use, but he didn't know how to address that problem. Butcher-Younghans would like to see a discussion of alternatives to watering such as planting strategies. She also wanted to discuss the educational strategy with the Commission because she believes people think this is a punitive measure. Case wants the program to be perceived as positive. He was also concerned that a really dry year would bring down the whole program. He thought we might want to put a cap on the surcharge amount to help prevent some of the unknowns. He was also concerned about the disparity between homes use the same amounts of water on their lawns but have different surcharges because of the difference in their winter bases. He also thought we are sending out duplicitous messages when we have an ordinance about lawn mowing, mandatory watering of commercial properties, and a surcharge for water usage. Harris thought everyone needs to be personally responsible for how we use the precious resource of water. We need to heighten awareness and make people conscious about how they use water. Stovring said the baseline of 18,000 gallons was a statistical average and falls within the category for a family of three. They have been working on the educational issues and will hold a landscaping session on February 7 at City Hall where the focus will be "zero scaping." They are trying to put together a tour of Eden Prairie lawns that are using native plantings in their yards. Butcher- Younghans asked if we have this information on the City's web page. Stovring said we do. A discussion followed regarding the need for a Public Hearing on the issue. Harris did not think we are asking for a Public Hearing but we need to look at the issues raised by the 143 people who protested. She thought it will never be totally fair CITY COUNCIL MINUTES January 20, 1998 Page 7 but we need to try to make it as equitable as possible. Tyra-Lukens thought we will start hearing from residents on the issue now. Thorfinnson asked if we are under a time limit because of using this plan as part of our plan to get state approval for our well permit. Dietz said he didn't think we are, but the biggest deadline is to try to get it done in a timely fashion and get it publicized. He will try to set up the workshop session for the next Council meeting date. Butcher-Younghans thanked the Commission and Staff for all the hard work. X. APPOINTMENTS M. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Small Calendar in Eden Prairie News Thorfmnson thought the small calendar included in last week's Eden Prairie News might be a duplication of effort with the City newsletter. He asked Staff to check out the process for such items in order to avoid duplication of effort. 2. Report on Suburban Transit AuthoritlMeetin� Tyra-Lukens said the Suburban Transit Authority (STA) held a legislative breakfast last Wednesday. She said some of their efforts center around continued emphasis for legislation to allow us to print on the tax bills that property owners are paying for the transit tax in conjunction with the local tax. They are also working on providing tax breaks for businesses located within transit zones. She reviewed her discussion with Curt Johnson regarding the availability of transit money. She said all of the cities involved need to flood the Governor with letters asking him to take a second look at transportation issues and where some of the extra tax dollars will go, and she asked the Council to send such a letter to the Governor. She noted she was elected Chair of STA for 1998. The consensus was to have Staff draft the letter to Governor Carlson. Thorfinnson said Southwest Metro is working with the I-494 Corridor Commission in trying to improve access to the transit hub, and they are encountering a huge road block with MNDoT. He said we need to take very strong stands and keep at it. Tyra-Lukens asked citizens watching tonight's cable broadcast to write letters about these issues. CITY COUNCIL MINUTES January 20, 1998 Page 8 B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Prairie Bluff Conservation Area Management Plan Lambert said the Citizens Committee worked with Staff and consultants from Peterson Environmental during 1997 to develop a management plan for the Prairie Bluff Conservation Area. He said the Parks, Recreation& Natural Resources Commission reviewed the proposal at their January 5, 1998 meeting and recommended approval on a 7-0 vote. William Bleckwenn, representing Peterson Environmental Consultants, reviewed the process used to develop the management plan. Harris said she found the plan very interesting. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Prairie Bluff Conservation Area Management Plan Task Force Report as per the Staff Agenda Report of January 20, 1998. Motion carried 5-0. 2. Recommendation for 1998 Trails Project Lambert reviewed the scoring system used to select the five projects recommended for implementation in 1998. They have used the scoring system for the last four or five years in order to balance the use of the budgeted amount of money between expanding the trail system and maintaining the existing system. He said the Parks Commission reviewed the Staff recommendations at their last meeting and voted to recommend approval on a unanimous vote. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the 1998 Trails Projects as per the Staff Agenda Report of January 20, 1998. Motion carried 5-0. 3. Request Approval to Sign a 3-Year Contract with Melrose Pyrotechnics, Inc. for the 4th of July Fireworks Lambert said Staff is requesting Council approval of a 3-year contract with Melrose Pyrotechnics, Inc. for the 4th of July Fireworks. He said they did last year's fireworks and, if we sign the 3-year contract, we will get $24,000 worth of fireworks in the year 2000. They will try to obtain a significant amount in donations from the business community to cover the cost. CITY COUNCIL MINUTES January 20, 1998 Page 9 Butcher-Younghans asked if this is site-specific. Lambert said it is not, and we can change the site if we want. Butcher-Younghans asked if the contract has a stipulation as to recourse for us if the company does not perform in the way we expect. Lambert said we have bid this for many years and we have volunteers who help us count it to be sure we are getting what we pay for. He said the Melrose firm is the largest vendor of fireworks in the United States, and they do all of the major events across the U.S.. MOTION: Butcher-Younghans moved, seconded by Case, to approve a 3-year contract with Melrose Pyrotechnics, Inc. for the 4th of July Fireworks through the year 2000 in accordance with the Staff Agenda Report of January 20, 1998. Motion carried 5-0. 4. Bid Award for Community Center Pool Renovation Project Lambert said they took bids last Thursday for the pool filtration renovation. They had estimated a cost of$75,000; however, United States Mechanical, Inc., submitted a bid of $54,750. He said they also submitted some voluntary deducts of$3,000, and Staff is evaluating those at this point. If the Council awards the bid tonight, Staff will return with the deducts if they determine the proposed replacements are satisfactory. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to award the bid for the Community Center Pool Filtration Renovation to United States Mechanical, Inc., in an amount not to exceed$54,750. Motion carried 5- 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 5-0. Mayor Harris adjourned the meeting at 9:10 p.m.