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City Council - 04/07/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 7, 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 Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added items N.K. AWARD BID FOR CLEANUP AT 9539 HARTFORD CIRCLE, XI.B.1. Awards Received, and XI.B.2. Set Workshop Dates. Butcher- Younghans added item XI.A.1. Disaster Plans for Historic Properties. 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, MARCH 17, 1998 Butcher-Younghans said the words "physical agent" in the last paragraph on page 13, and in the same paragraph on the top of page 14 should be changed to "fiscal agent". Case said sentence 2 of paragraph 4 on page 11 should be changed to read "...he thought we should let our presence be known." Harris said Sentence 1, Paragraph 2 on Page 12 should be changed to read: "Harris appointed an Appointment Committee comprised of one member of the current Transition Team, Councilmember Thorfinnson, a member of the'City Manager's Review Committee, Councilmember Case, ..." Harris said the first CITY COUNCIL MINUTES April 7, 1998 Page 2 sentence on Page 13 should be changed to "...evaluation included review by City Staff..." MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Minutes of the City Council meeting held Tuesday, March 17, 1998. Motion carried 4-1-0, with Tyra-Lukens abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE REQUEST FOR GOOSE RELOCATION FROM MTS SYSTEMS C. AWARD BID FOR SAFETY SURFACING FOR STARING LAKE PLAY AREA D. RECEIVE LETTER OF WITHDRAWAL FOR THE RESTAURANT PROPOSAL ON LOT 2 BORDERS PLAZA E. ADOPT PROCLAMATION PROCLAIMING MAY 17-23, 1998 AS WETLANDS WEEK F. RESOLUTION 98-58 AWARDING CONTRACT FOR STREET STRIPING, I.C. 98-5452 G. RESOLUTION 98-59 ADOPTING FINAL PLAT OF THE BIG WOODS 3RD ADDITION H. RESOLUTION 98-60 SETTING PUBLIC HEARING FOR PIONEER TRAIL SANITARY SEWER AND WATER, I.C. 98-5458 I. RELEASE OF LAND OF SPECIAL ASSESSMENT AGREEMENT FOR THE RIDGE 2ND ADDITION- SSA#88-19 J. ADOPT PROCLAMATION FOR ARBOR DAY K. AWARD BID FOR CLEANUP AT 9539 HARTFORD CIRCLE MOTION: Tyra-Lukens moved, seconded by Case, to approve items A-K on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. REGAL CINEMA by Ryan Companies of Minnesota. Request for Planned Unit Development Amendment Review on 17.88 acres, Planned Unit CITY COUNCIL MINUTES April 7, 1998 Page 3 Development District Review on 17.88 acres, Zoning District Amendment in the Commercial Regional Service Zoning District on 17.88 acres, Site Plan Review on 17.88 acres and Preliminary Plat of 17.88 acres into 3 lots. Location: East of Prairie Center Drive between Rolling Hills Road and Prairie Lakes Drive. (Resolution for PUD Amendment Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) Continued from March 17, 1998 Jullie said the official notice of this Public Hearing was published March 26, 1998 in the Eden Prairie News and mailed to 226 property owners. This is a continued Public Hearing from the March 17, 1998 Council meeting. The project is a 20-screen theater and two free standing restaurants. The theater requires a waiver from the City Code parking requirement of 1 per 3 seats to 1 per 4 seats. Tom Palmquist, representing Ryan Companies, said several residents have expressed emotion against the project since it was approved by the Planning Commission. He said they have revised the plans several times to reach the current configuration, and the project will provide a use that will reduce the projected truck and vehicular traffic for this property. Ron Krank, representing KKE Architects, reviewed the site plan and the exterior features of the theater building. He also reviewed the plan for the area that was approved in 1994. He said they would be willing to provide additional parking at the office building site across the street. Paul Bilotta, representing Parksons-Brinkerhoff Parking Consultants, reviewed the parking and traffic analysis done for the site, noting that the average daily traffic will be greatly reduced from the original plan for the site. He said they will provide a traffic signal at the intersection of Prairie Center Drive and Prairie Lakes Drive. Enger said the Planning Commission first reviewed this project on January 19, 1998. The commission voted to continue the project and directed the proponent to provide more information on parking. The Planning Commission voted 5-1 to approve the project at the February 23, 1998 meeting based upon Alternative 2 of the 2/20/98 Staff Report. The Parks, Recreation&Natural Resources Commission and the Heritage Preservation Commission did not review this project. Tyra-Lukens asked about the number of seats in the largest and in the smallest theaters. Bilotta said the smallest is 120 seats and the largest is 407. She then asked if the lighting will be on 24 hours a day. Krank said there will be security lighting over the exits on the rear of the building. They have 20-foot high shoebox lights around the periphery of the parking lot. Tyra-Lukens asked if CITY COUNCIL MR4UTES April7, 1998 Page 4 those will be on all night. Krank said they will stay on during the theater use and will be reduced to maintenance levels after that. Case questioned Bilotta about the list of cities having a 1 per 3 parking ratios and why they were classified in the report as outlying areas when there were several that he believed should not be designated as outlying. Bilotta said they called all the cities on the 1 per 3 ratio list, and all the ones that were not in outlying areas had shared parking or city-provided parking for their facilities. Case thought it was rather obvious that other cities do have a concern. Bilotta said they are not enforcing the 1 per 3 ratios by having the shared parking provision. Harris had serious concerns about traffic capacity on the roadways because of the timing of the exodus from the parking lot given the scope of the seating. Bilotta said they have a wide range of theaters of different sizes, and they balance the starting times which balances the traffic flow. He thought the main issue is that the traffic stay below the threshold previously viewed to be adequate. Dietz asked if the communities with 1 per 3 ratios and the shared parking provisions had the shared parking on site. Bilotta thought several of the communities never seemed to get down to actually determining the ratio or the location of the shared parking. Corey Birkeland, representing the Centers Group, said when they called the cities back to find out what their code was, they said they haven't had a development of this magnitude come through. Butcher-Younghans was concerned that the 1 per 3 ratio was not represented in the graphs provided. Gray said one of the concerns Staff had is that the shared parking would be at Eden Prairie Center because that would be a very attractive area for parking but would create a hazardous condition with the pedestrian traffic across Prairie Center Drive. He said they have not been able to resolve that particular issue. Harris asked what their hours of operation will be. Krank said they will be open noon to 11:00 p.m. Penny Hanson, 11043 Lexington Drive, asked the Council to not approve the project because no one has addressed the issue of traffic on Prairie Center Drive and Rolling Hills Road. It is very difficult to cross that intersection in the morning rush hour. Traffic has increased tremendously in the last four years. She was also concerned about the number of cinemas the City can support. She thought the best use of the property may be to not have it as commercial, but rather have high-rise apartments or condos. That use would provide a high tax base for the City. CITY COUNCIL MINUTES April7, 1998 Page 5 Don Klingel, 10940 Kiawa Drive, was concerned about the traffic issue and the fact that there is another office building going up by NCS that will increase the traffic volume even more. The G.E. Capital expansion on 78th Street will also impact traffic in this area, and the Highway 212 project will cause additional traffic on Prairie Center Drive. He thought Eden Prairie Center has the parking available and the access necessary for such a theater complex, and this project should be denied so that the expansion of the United Artists complex can go forward. He volunteered to visit other sites to see what kind of traffic there is around theater complexes in other cities and to help put together a committee of area residents to work with the Ryan Companies to come up with a plan that would work for both parties. He was concerned that the overflow parking at NCS would cause a hazardous situation when pedestrians cross the street after dark. He also wanted more details about the restaurants they are planning for the site. Thorfinnson noted there have been 300 homes built in the area since the PUD amendment. Enger said the housing was a component of the PUD that was part of the amendment. Jim Rogl, Lexington Drive, would like to see a park or a cemetery on this property, but that isn't practical. He thought this is the best plan he has seen put forth. Kathy Wagle, 10705 Leaping Deer Lane, was concerned about traffic because they haven't addressed the traffic control issue along Prairie Center Drive. She thought we should support the theater in the mall. She was also concerned about the restaurant traffic and the impact it will have on the residential streets. She would like the hours of operation clarified. She is opposed to the development and would prefer an office building that has allow impact on weekend traffic. John Foster, 13775 Chestnut Drive, thought the theater will have a positive influence on the community. He didn't think the parking is an issue because, if there were no parking available, he would simply leave and not come back. Terry Pearson, 10827 Leaping Deer Lane, said the traffic studies focused on the Regal project only, but we have the existing traffic and the Borders project to consider. We need to look at the total traffic issue, and she would like to see some type of cumulative traffic study done. She thought the project should be reconsidered and we should look at zoning to see if it would be more appropriate if this were zoned community commercial or some other type of zoning. Beverly Sorenson, 10924 Leaping Deer Lane, said her fear is that the traffic congestion will be horrendous in the area because those who live there have one exit and that is Prairie Center Drive. If the project is approved she would Like CITY COUNCIL MINUTES April7, 1998 Page 6 to know what considerations are going to be given to the fact that Prairie Center Drive is not capable of handling those volumes of traffic in that span of time. She asked if consideration would be given to making a right turn lane into the theater off Prairie Center Lane. She thought it did not make sense to share parking with Eden Prairie Center, and it would make more sense to have the theater itself in the Center. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing. Motion carried 5-0. Butcher-Younghans had some concerns about the plan. She thought the parking issue is being minimised by the proponent but she didn't find all the statistics presented to be credible. Megaplex theaters in this area are a very new concept and she didn't think there has been enough data collected to extrapolate conclusions. She had trouble with the projected occupancy as less than half full. She thought this project would draw people from the surrounding communities and that would make the occupancy greater than the projections. She didn't think we know what the impact would be so she would like to err on the side of the conservative and uphold the 1 per 3 ratio rather than chance making an error. Harris shared Councilmember Butcher-Younghans' concerns about the traffic that will be generated. She was not sure this is the appropriate site for this project because of the traffic circulation patterns on this site and on Prairie Center Drive. She also believes this would be more highly utilized than it would be in some other communities. We have very young families and young people who will use this type of recreation so she expects a higher occupancy rate than is projected. Case liked the recessed nature of the building as it is set back on the site. He also liked the massive landscaping and he thought that should be part of any future plan. He has the most concern about the intensity of the weekend traffic. It is hard to imagine that the entrance and egress would not exceed that of a shopping center. He didn't see an urgency to grab this site and squeeze something on it that he doesn't think fits. His concern for the neighbors is that it is very difficult for the Council to guarantee that any project that comes down the line won't be equally as invasive in terms of traffic congestion. He thinks there are bigger issues with the Prairie Center Drive corridor. He noted we cannot deny property owner rights because the development impacts the traffic; however, he thought this overly impacts the site. Thorfinnson thought there are some bigger issues here such as the philosophy of the development of the outer ring on Prairie Center Drive without plans for redevelopment of the shopping center. We are not here to restrict business access to the community, but what happens at the shopping center does have an impact on this discussion. He was having trouble with this because the next CITY COUNCIL MINUTES April 7, 1998 Page 7 thing that comes down the line may be worse but it might fit all the criteria and we won't be able to deny the project. He thought the overall traffic numbers would probably be less in this situation than in any other possibility; however, a lot of the heavier use will occur at times people may be at home. He thought the developer has worked hard to address a lot of the concerns. There are five access points around the project, and they have done a good job fitting the building on the property and minimising the impact of the traffic. He was concerned that this is the right spot for the theater and also was not comfortable with the parking situation. He didn't like the idea of counting shared parking across Prairie Lakes Drive. He thought people will try to park on the street instead of going over to the office complex. Tyra-Lukens thought we really have to divorce the issue of what might happen from this issue. Her initial reaction to this was very negative, but it started to look better when she saw the plans and the traffic studies. The proponent has done a lot to protect the neighborhood from the visual effects of the development. She thought the time of the peak traffic is a big issue; however there are things that are very nice about the project. She looked at movie times in megaplexes and they do distribute the starting times. She was uncomfortable about the shared parking issue and people crossing the street. She didn't want this to be the test case on the 1 per 4 parking ratio. She did think a theater would be nice in this area, but would like to see the theater made smaller. There would be adequate parking on site if the number of theaters were reduced. Krank said Regal told him repeatedly they would never pick a site that did not provide easy access and parking. They would be willing to submit a document showing the availability of the shared parking to demonstrate that the waived parking was not required. In order to cover the concerns about the parking statistics they would provide funding for a traffic consultant to be retained by the City to determine if the ratio and layout is right. Harris noted the City Council has voiced universal concerns about the traffic and parking issues. MOTION: Case moved, seconded by Butcher-Younghans, to approve the Resolution for PUD Amendment Review on 17.88 acres; to approve 1st Reading of the Ordinance for PUD District Review on 17.88 acres; to adopt the Resolution for Preliminary Plat of 17.88 acres into 3 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case withdrew the motion with the approval of Butcher-Younghans. Thorfinnson asked how the other Councilmembers felt about the offer to have us choose a consultant to look at the traffic issue. Enger said he has heard the Council say that megaplexes are new and proponent went through an exhaustive CITY COUNCIL MINUTES April 7, 1998 Page 8 study to look at this, but they may not be comfortable varying from the ordinance based on a study. He was concerned that it won't make much difference that another traffic study be done. Other projects have been required to provide on-site proof of parking if they have land available to expand the parking. The Planning Commission asked if they would be willing to downsize the theater to meet the parking ratio. He noted there is time for the Council to continue this for Staff to prepare findings. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to continue this item to the April 21, 1998 Council meeting and to direct Staff to prepare a Resolution with Findings for Denial. Motion carried 5-0. B. WELTER'S BROOKHiAVEN FARM by Ray Welter, Jr. Request for Planned Unit Development Concept Review on 23.45 acres, PUD District Review on 23.45 acres, Zoning District Change from Rural to RM-6.5 on 21.77 acres, Rural to R1-13.5 on 1.38 acres and from Rural to R1-9.5 on 0.3 acres, Preliminary Plat of 23.45 acres into 43 lots and 2 outlots. Location: Northeast corner of Homeward Hills Road and Pioneer Trail. (Resolution 98-61 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Changes, and Resolution 98-62 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 26, 1998 in the Eden Prairie News and mailed to 78 property owners. The project consists of 40 twinhome units and 3 single-family lots at an overall density of 1.83 units per acre, consistent with the Comprehensive Guide Plan for Low Density Residential. Bob Abdo, attorney, said they have made a number of adjustments to the project since the Planning Commission recommended denial. They have a seven-acre conservation and trail easement along Purgatory Creek designated on the plans as Outlot A. Outlot B accommodates the County's road upgrading plans along Pioneer Trail. Enger said at its February 9, 1998 meeting, the Planning Commission voted 4-0 for denial of the project because the plans were inconsistent with the shoreland code and the proponent did not agree with the recommendations of the Staff Report. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project at its April 6, 1998 meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Reports of February 6 and March 31, 1998. He said there were a number of changes negotiated between the time of the Planning Commission meeting and the Parks Commission meeting. He said the plan approved was Alternate A which had the smaller lots. They recommended approval of the scenic conservation easement over Outlot A, the gazebos and trails proposed for the scenic conservation easement, and a trail CITY COUNCIL MINUTES April 7, 1998 Page 9 pad to be graded in along the south side of the NURP pond in order to accommodate a trail access from Homeward Hills trail to the future trail along the creek valley. Dietz noted that 17 feet adjacent to Outlot B would be held by the City; and the balance would be held by Welters for Hennepin County. Harris noted the Planning Commission voted for denial because the plans were inconsistent with the shoreland ordinance. Enger said there has been an agreement since the Commission meeting and that is shown on the revised plan. He reviewed the changes agreed to by proponent. Harris asked where the NURP pond is located. Enger said it is an elliptical pond on the northwest portion of the plat, south of Purgatory Creek and adjacent to Homeward Hills Road. There were no comments from the audience. Case asked Enger if all the issues that prompted the Planning Commission to vote for denial have been resolved. Enger said they have. Tyra-Lukens asked for clarification on why they are supporting the waivers for gazebos and lot size. Enger said the size of the lots adjacent to the shoreland can meet the ordinance but that reduces the size of the common lot. In order to protect more of the public lot it makes more sense to have smaller size lots. He said the gazebos at the top of the bluff within the 150 foot setback to Purgatory Creek are really a tradeoff for the developer providing a larger conservation easement than we could otherwise require. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to adopt Resolution 98-61 for PUD Concept Review on 23.45 acres; to approve 1st Reading of the Ordinance for PUD District Review on 23.45 acres and Zoning District Change from Rural to RM-6.5 on 21.77 acres, Rural to Rl- 13.5 on 1.38 acres and from Rural to R1-9.5 on 0.3 acres; to adopt Resolution 98-62 for Preliminary Plat of 23.45 acres into 43 lots and 2 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. C. GERRING CAR WASH- REZONING by Gerring Properties. Request for Planned Unit Development Concept Amendment of 3.76 acres, Planned Unit Development District Review of 3.76 acres, Rezoning from Rural to Community Commercial on 2.5 acres, Site Plan Review of 3.76 acres, and Preliminary Plat of 3.76 acres into one lot. Location: Hwy 212 and Aztec Drive. (Resolution 98-63 for PUD Concept Amendment, Ordinance for PUD District Review and Rezoning and Resolution 98-64 for Preliminary Plat) CITY COUNCIL MINUTES April 7, 1998 Page 10 Jullie said the official notice of this Public Hearing was published on March 26, 1998 in the Eden Prairie News and mailed to 28 property owners. The proponent is proposing a car wash. The plan is consistent with the plan submitted with the Guide Plan change in January. There are elevations that show a residential character, however the building looks better without a pitched roof. Dave Gerring, proponent, reviewed the project. He noted the Council voted 4-1 to approve the Guide Plan change at the January 16, 1998 City Council meeting. He said they agree with the Staff recommendation regarding the pitched roof. Charles Radloff, architect, reviewed the building construction. Enger said the Planning Commission recommended approval of this project on a 6-0 vote at its March 9, 1998 meeting, subject to the recommendations of the Staff Report of March 9, 1998. The Parks, Recreation& Natural Resources Commission and the Heritage Preservation Commission did not review this project. There were no comments from the audience. Case asked what the possibility is that the berm across the street will go away and we would then be faced with a screening issue. Enger said that is controlled within the framework of the entire PUD development, and we would need to be mindful that it should stay there as part of the PUD. MOTION: Thorfimson moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 98-63 for PUD Concept Amendment on 3.76 acres; to approve 1st Reading of the Ordinance for PUD District Review of 3.76 acres and Rezoning from Rural to Community Commercial on 2.5 acres; to adopt Resolution 98-64 for Preliminary Plat of 3.76 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Tyra-Lukens said she voted against the Guide Plan change. At this point she does not agree with the change from a building with a residential nature. She thought the pitched roof has a lot of potential and would not cause the building to be much higher than the revised plan. She would prefer to go back to the original plan with a more residential look. Harris thought the absence of a pitched roof decreases the impact of the building, and she thought our goal is to make it as unobtrusive as possible. This plan keeps it below the sight lines of the homes across the street. Our intent was to have this blend in with the surrounding properties. CITY COUNCIL MINUTES April 7, 1998 Page 11 Tyra-Lukens said she got the impression from proponent that the sight line from the neighbors would not be an issue. One of the pitched roof styles does not go any higher than the original plat proposal. She thought we need to have some discussion about what will go on the other side of Aztec. Butcher-Younghans did not have a problem with the building architecture and does not feel strongly that it needs a pitched roof. Harris agreed with the Staff recommendation that the building without the pitched roof was more aesthetically pleasing. Case said he called Mike Fransen regarding what input Staff had. He said they did discuss the pitched roof issue. VOTE ON THE MOTION: Motion carried 5-0. D. OFFICE RIDGE CIRCLE DEVELOPMENT by Oppidan Inc. Request for PUD District Review on 2.76 acres, Zoning District Amendment within the Office Zoning District on 2.76 acres, Site Plan Review on 2.76 acres, and Preliminary Plat of 2.76 acres into 1 lot. Location: Southwest comer of Valley View and Office Ridge Circle. (Ordinance for PUD District Review and Zoning District Amendment and Resolution 98-65 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 26, 1998 in the Eden Prairie News and mailed to 20 property owners. This site was approved for a 60,000 square foot, three-story office building in 1980 as part of the 31 acre Bryant Lake Center Planned Unit Development, and amended in 1984 for a 46,000 square foot three-story office building. The request is for a 38,600 square foot office building. Dan O'Brien, project architect, reviewed the proposal. Enger said the Planning Commission voted 5-0 for approval at its February 9, 1998 meeting, subject to the recommendations of the Staff Report of March 6, 1998. The Parks, Recreation&Natural Resources Commission did not review this project. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 2.76 acres and Zoning District amendment within the Office Zoning District on 2.76 acres; to adopt Resolution 98-65 for Preliminary Plat of 2.76 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL MINUTES April 7, 1998 Page 12 E. DOUGLAS CORPORATION by Douglas Corporation. Request for Zoning District Change from Rural to I-2 Industrial on 10.24 acres, Site Plan Review on 10.24 acres and Preliminary Plat of 10.24 acres into one lot. Location: Southwest quadrant of Valley View Road and Golden Triangle Drive. (Ordinance for Zoning District Change and Resolution 98-66 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 26, 1998 in the Eden Prairie News and mailed to 13 property owners. The proponent is proposing an industrial building which meets City requirements. Gary Vogle, project architect, reviewed the proposal. Enger said the Planning Commission reviewed this project on March 9, 1998 and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of March 9, 1998. Lambert said the Parks Commission reviewed the project at the April 6, 1998 meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of March 6 and March 10, 1998, and with the recommendation that proponent work with Staff on some of the landscaping materials. The Heritage Preservation Commission did not review this project. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to I- 2 Industrial on 10.24 acres; to adopt Resolution 98-66 for Preliminary Plat of 10.24 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. F. VACATION 98-01: VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH (Resolution 98-67) Jullie said the official notice of this Public Hearing was published on March 19, 1998 in the Eden Prairie News. The owner of originating property has requested the vacation of a 16.5-foot wide section of West 70th Street adjacent to the plat of Lee Data (presently owned by Best Buy). The originating property owner requests this vacation to allow transfer of ownership to Best Buy. Best Buy will then include this vacated strip in a new plat. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to close the Public Hearing; and to adopt Resolution 98-67 vacating the right-of-way for part of West 70th Street. Motion carried 5-0. CITY COUNCIL MINUTES April 7, 1998 Page 13 G. VACATION 98-02: VACATION OF UTILITY EASEMENT IN LEE DATA PLAT (Resolution 98-68) Jullie said the official notice of this Public Hearing was published March 19, 1998 in the Eden Prairie News. The property owner has requested this vacation to clear an encumbrance on the property. A watermain previously located within the easement has been abandoned and a part of the building (expanded in 1994) now extends over the easement. There were no comments from the audience. MOTION: Thorfmnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 98-68 vacating the utility easement located in the Lee Data Plat. 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 COMMUP]ICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said Southwest Metro did not meet in March. They have obtained an extension of the bus garage lease until the end of June. They have narrowed the choice for a new location to two sites. She said they are developing several new marketing plans including a Valley Fair route for the summer and service to the fairgrounds on the State Fair weekends and Labor Day. Harris asked if both of the new sites will require construction. Tyra-Lukens said one of them would not. B. HERITAGE PRESERVATION COMMISSION (Chair Jane Hession) 1. Recommendation to adopt the Roles and Responsibilities prepared for the City and the Eden Prairie Historical Society, and direct Staff to prepare a Cooperative Agreement CITY COUNCIL MINUTES April7, 1998 Page 14 Jane Hession, Chair of the Heritage Preservation Commission, presented the Heritage Preservation Commission's (HPQ recommendations regarding the roles and responsibilities for the City and the Eden Prairie Historical Society. She said they had long discussions over 1-1/2 years to clarify the relationships between the various groups. Butcher-Younghans thought this is a great document and a great start. She would like to see an active statement with regard to the preservation and interpretation of the heritage of Eden Prairie added to the roles and responsibilities of both the City and the HPC just as it is a stated role for the Historical Society. Regarding the Cooperative Agreement, Butcher-Younghans asked where the Preservation Staff fits in and wondered if we might want to include the role of Staff in the document. She thought there should be a reference back to the Secretary of the Interior's standards regarding historic structures where that would be appropriate. Harris asked if Councilmember Butcher-Younghans had suggestions as to where to insert the language. Butcher-Younghans suggested we adopt this draft and the Commission and Staff can work on the draft to incorporate her suggestions if they find it appropriate. Enger said they are not suggesting the Council accept the draft Cooperative Agreement this evening. Both groups like the flavor of it, but there needs to be more work done on this with regard to the City's responsibilities in maintenance and control of City property. Staff would like the Council to see the progress made but refer it back to Staff and the City Attorney to prepare a final draft. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adopt the roles and responsibilities prepared for the City and the Eden Prairie Historical Society. Motion carried 5-0. MOTION: Case moved, seconded by Butcher-Younghans, to direct Staff to prepare a Cooperative Agreement between the City and Eden Prairie Historical Society. Motion carried 5-0. 2. Camp Edenwood a. Status of Friendship Ventures Dining Hall Construction b. Direct the preparation of a nomination for National Register of Historic Places C. Authorize $5,000 for planning/grant administration CITY COUNCIL MINUTES April 7, 1998 Page 15 Hession said the Commission's position is that they would like to pursue designation on the local and national level. National designation would make it more possible to secure funding. Local designation would be done in preparation for national designation but also would provide some control over what happens to the property. Tyra-Lukens asked what the ramifications would be to the camp because, while we are concerned about preserving the site, we don't want to drive the camp out. She also asked what this commits us to in the future. Hession replied they have had a number of discussions with the people at Camp Edenwood and Friendship Ventures and have discussed options to renovating the dining room within the design. They are in agreement that it could be positive for the camp and the City. Butcher-Younghans said she saw the preservation of the historic building and the use by Friendship Ventures as a very good fit. She thought having it on the National Register will open up all kinds of doors. Case liked the idea of saving this and partnering with Friendship Ventures, but we don't have an idea of what the long term costs will be. He thought as part of the planning for parks and historic buildings we need to determine what the liabilities are and what the costs will be. Harris agreed with Councilmember Case and thought we need a clearer definition of what the public use will be on this site as well as some guidelines on caring for public buildings. She thought this is a resource that means a lot to Eden Prairie and the region. She asked Staff to review this as we proceed with the registration process and to do some work independently and with Friendship Ventures to clarify some of the issues being raised. Ed Stracke, President of Friendship Ventures, said they are in the business of helping children and adults with disabilities, not in the business of preserving old buildings. They want to be a good neighbor and are very happy to cooperate with the City in some sort of partnership; however, they are up against a timeline because the Health Department has given them just one year to upgrade the dining facilities. MOTION: Butcher-Younghans moved, seconded by Case, to direct the Heritage Preservation Commission to proceed with designation of the Glen Lake Children's Camp (Camp Edenwood) CITY COUNCIL MEWTES April 7, 1998 Page 16 as a Heritage Preservation Site, and prepare a National Register of Historic Places nomination for the Glen Lake Children's Camp; and to authorize up to $5,000 previously earmarked for the Dining Hall Documentation to be utilized for planning/grant administration. Motion carried 5-0. 3. Recommendation by Heritage Preservation Commission to Change the name of Franlo Park to Samuel Anderson Park Hession said this request came through a Commission member who was contacted by a relative of the Samuel Anderson family. She said the Commission recommended the name change on a 5-0 vote at their January 26, 1998 meeting. Enger said Staff would suggest that there is work that needs to be done between the HPC and the Parks Commission concerning any criteria we might utilize in the future for things like park names, street name changes, etc. Thorfinnson had some problems with this because he thought the Franlo name is significant in that part of town. His biggest concerns would be in the area of public safety because the name change would create confusion. He also has questions about the whole process and would be very reluctant to change the name of a park. Tyra-Lukens thought it was a good idea for them to work together to develop policies but she thought we need to look at it very carefully. The names we presently have on parks direct you where to go. She was also concerned about the cost of changing signs and maps. She thought there may be times when it is important to change a name, but it is also important to be very careful. Butcher-Younghans agreed with what has been said. She thought we could have the family put up a marker in the park that describes the family's connection. She thought there are other ways to do this besides changing the name. Case thought the process was not clear here. It sounds like the Parks Commission has been left out of the loop. He also wants to support a commission that we have asked to give us advice on namings and significant areas. Thorfinnson was not sure the Council has ever given the HPC the task of renaming parks and public streets. We did agree to let them provide possible names but they work under the direction of the Council. Case CITY COUNCIL MINUTES April 7, 1998 Page 17 thought they are charged with giving us recommendations on historically significant things. Butcher-Younghans did not agree that streets or parks should be named after a family or an historic event. Case thought up to this point they have provided a list of possible names. He sees this as simply a recommendation that there might be a better name for this area. He asked, if not the HPC, then who else would give us the historical perspective. Harris had heard sufficient concern about renaming this to cause us to go back and investigate the process and criteria. She suggested we vote on the name change but have a second motion for Staff to develop a process and criteria for naming of places. Hession said it would be most helpful if this could be clarified. They would be more comfortable if requests came through the Staff. We need to develop a process for handling these requests. Lambert said the Council adopted a policy in the early 1980's on naming parks. He will provide a copy for Councilmembers for the next discussion. Harris thought we should also consider sites and places as well as parks. Staff should work together and come back to the Council with guidance. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to deny the request to change the name of Franlo Park. Motion carried 4- 0-1, with Case opposed. MOTION: Thorfinnson moved, seconded by Case, to direct Staff to work with the Heritage Preservation Commission and the Parks, Recreation&Natural Resources Commission to develop guidelines for the naming and renaming of City streets, parks and sites. Motion carried 5-0. Enger noted Councilmember Case commented on the naming of streets in a recent project. Staff learned that the HPC was confused about what their role was. The street in question was not a public street. The HPC would develop lists of historic names that were appropriate in that section of the City, and those lists would be available to developers as they came into a section of the city. There would not be a need for a developer to appear before the HPC to discuss selecting the street name. CITY COUNCIL MINUTES April 7, 1998 Page 18 Case said the only missing link is that if Staff did not make the list available. The HPC should make the opportunity available to the developer. He thought it did not need to go before the HPC, but it would be good if the HPC could get information about projects on line in order to make lists available to the developers. Enger thought the HPC and Staff could work on lists of historic names in sections of the City. They would make that available to developers as projects come in. The Staff would then convey the lists to the developers. In response to Enger's question about whether such lists currently exist, Gertz said they have not developed any lists per se. When a developer has asked for assistance in naming streets, we have helped but have not generated a list. Enger thought we have a misunderstanding of the procedure at this point. Harris thought once such a list is available, it is a Staff responsibility to make the dissemination. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to extend the meeting to 11:30 p.m. Motion carried 5-0. X. APPOINTMENTS A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION- Appointment of 1 Member to the Environmental & Waste Management Commission to fill an unexpired term through 3/31/2000 Jullie said the resignation of Sabina Kitts Ylinen has created a vacancy on the Environmental &Waste Management Commission. There were no applicants on file to serve on this Commission; however, we did receive a recent application from Kristin Pierskalla. MOTION: Case moved, seconded by Butcher-Younghans, to appoint Kristin Pierskalla to the Environmental &Waste Management Commission to fill an unexpired term through March 31, 1998. Motion carried 5-0. B. PLANNING COMMISSION- Appointment of 1 Member to the Planning Commission for a three-year term through March 31, 2001 Jullie said Ken Clinton has applied for reappointment to the Planning Commission. His appointment was not made previously as all five Councilmembers were not present. Mr. Clinton needs all five Councilmembers present and must receive unanimous approval as he has served two three-year consecutive terms. CITY COUNCIL MINUTES April 7, 1998 Page 19 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to reappoint Mr. Ken Clinton to the Planning Commission for a three-year term through March 31, 2001. Motion carried 5-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disaster Plans for Historic Properties Butcher-Younghans said in the wake of the St. Peter disaster she has begun to think about the impact of such a disaster in our City. She thought we might want to put a disaster plan in effect in terms of flood, fire and tornado damage to historic properties. She would like Staff to work on that with the HPC. B. REPORT OF CITY MANAGER 1. Awards Received Jullie said we have received an award for the excellence of our tree preservation program for the 15th consecutive year. For the 7th consecutive year we also received the award for excellence in financial reporting from the Government Finance Officers Association. 2. Set Workshop Date Jullie suggested April 21, 1998, be set as a workshop date to look at the preliminary construction for County Road 1 and May 5, 1998, for a tour of the Water Plant. He said Staff would like to discuss the agenda and timing for the Joint Meeting with the Parks Commission and will set that date at the next Council meeting. 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 CITY COUNCIL MINUTES April 7, 1998 Page 20 MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 11:25 p.m.