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City Council - 05/05/1998 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,MAY 5, 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 PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. PROCLAMATION FOR SENIOR AWARENESS WEEK Mayor Harris read a proclamation proclaiming May 7-18 as Senior Awareness Week and presented a plaque to the Eden Prairie Senior group. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.2. Butcher-Younghans added item XI.A.3. Jullie said items XI.E.1. and 2. should be deleted. MOTION: Tyra-Lukens moved, seconded by ThorRmson,to approve the Agenda as published and amended. Motion carried 5-0. H. OPEN PODIUM John Mallo, 14000 Forest Hills Road, said the completion of Forest Hills Road was promised but has not happened. They had a neighborhood meeting on April 9 to discuss the issue of moving a house in the area. A Planning Commission representative said Planning was going to discuss the house moving issue but he does not believe that has occurred. He presented a petition(Attachment A)from the neighborhood residents asking that the completion of Forest Hills Road be tied to the proposed Development. Harris believed there is some forward progress on the termination of the road and asked Staff to look into the issue. CITY COUNCIL MINUTES May 5, 1998 Page 2 Jullie said the house moving issue would require a Public Hearing through the Board of Appeals and Adjustments. Mallo noted the house to be moved was not included in the plan. Case asked if moving the house would have to be part of the plan. Jullie said there is no specific requirement that would tie the house moving concept into the approval of the development plan;however,there is a process that involves neighborhood notification and a Public Hearing procedure. A permit would be required as well. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,APRIL 21, 1998 Thorfinnson said sentence 1,paragraph 5,page 4 should be changed to: "Case said at a meeting of the Suburban Rate Authority..." MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday,April 21, 1998. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 21, 1998 Harris said the last sentence of paragraph 3,page 8, should be changed to "The City's revised and updated transportation plan was submitted for review in 1997. The City's Guide Plan is currently..." MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to approve as published and amended the Minutes of the City Council Meeting held Tuesday, April 21, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF REQUEST OF BID FOR NEW LOCKERS AT THE COMMUNITY CENTER C. ADOPTION OF RESOLUTION 98-75 ESTABLISHING POLLING PLACES D. APPROVAL OF REQUEST FOR GOOSE ROUNDUP AT WINDSONG APARTMENT COMPLEX E. APPROVE MOTION TO NAME THE EDUCATION SPACE WITHIN THE WATER TREATMENT PLANT EXPANSION AREA AS "ENVIRONMENTAL LEARNING CENTER" CITY COUNCIL MINUTES May 5, 1998 Page 3 F. ADOPT RESOLUTION 98-76 AWARDING CONTRACT FOR 1998 SEALCOAT,I.C. 98-5457 G. ADOPT RESOLUTION 98-77 AWARDING CONTRACT FOR UTILITY TRACTOR,I.C. 98-5460 H. ADOPT RESOLUTION 98-78 RECEIVING PETITION AND ORDERING FEASIBILITY STUDY FOR LINCOLN LANE PAVING,I.C. 52-196 I. ADOPT RESOLUTION 98-79 RECEIVING PETITION FOR STORM SEWER IMPROVEMENTS ON FULLER ROAD AND ORDER FEASIBILITY STUDY,I.C. 98-5461 J. ADOPT RESOLUTION 98-80 RECEIVING PETITION AND ORDERING FEASIBILITY STUDY FOR FOREST HILL ROAD IMPROVEMENTS, I.C. 98-5466 K. PROCLAMATION PROCLAIMING MAY 14, 1998 AS "DAVE ANDERSON DAY"IN THE CITY OF EDEN PRAIRIE MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to approve items A-K on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS A. SETTLERS RIDGE by Settlers Ridge Limited Partnership (Pemtom). Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 11.77 acres,Planned Unit Development Concept Review on 112 acres,Planned Unit Development District Review on 112 acres,Rezoning from Rural to RM-6.5,R1-9.5 and R1-13.5 on 112 acres, Site Plan Review on 11.77 acres and Preliminary Plat on 112 acres into 227 lots and 4 outlots. Location: South of Pioneer Trail and west of Riley Creek. (Resolution 98-81 for Comprehensive Guide Plan Change,Resolution 98-82 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution 98-83 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published April 21, 1998, in the Eden Prairie News and mailed to 47 property owners. Dan Herbst,representing Pemtom,reviewed the revised project. He said they are adding two more products--cluster townhomes and upper bracket prime bluff properties. Butcher-Younghans asked if the archeological reports generated for the new land purchase were available. Herbst said there was a complete report done on the Klein-Peterson property, and they upgraded it to include the new property. He CITY COUNCIL MINUTES May 5, 1998 Page 4 said there are no mounds on the Vogel property. Butcher-Younghans was concerned that there were no habitation sites found and said she would like to see the report. Herbst said there are very few mounds shown on the survey west of those on the Brown properties. He said he would get a copy of the upgraded report for Councilmember Butcher-Younghans. Harris asked what the length of the cul-de-sac on B Street is. Herbst said it is about 1700 feet. Enger said in February 1998 the City approved a plan for Settler's Ridge for the Daril Peterson Property. Pemtom is adding the Dorenkemper and Vogel property to make a larger project. The Guide Plan change is for 11.77 acres for the site along Pioneer Trail. The change is from low density residential to medium residential for 61 townhouses. The clustering of units helps preserve larger areas of trees,wetlands,bluff, and creek elsewhere on the site. Enger said the concept plan shows the subdivision of 112 acres into 227 lots at a gross density of 2.01 units per acre. The concept plan has three types of single family homes, including 39 standard R1-13.5 lots along Riley Creek and the City Park to the south, 80 standard R1-9.5 lots, and 47,R1-9.5 lots with waivers for a lots size and street frontage. There are lot size and street frontage waivers. The waivers needed for a density transfer preserve more open space on the property. There is also a cul-de-sac length waiver for Street B. Sixty feet of right-of-way is needed along Pioneer Trail. He said the Planning Commission reviewed this project at its April 13, 1998 meeting and voted 7-0 to recommend approval of the project based on a revised plan to eliminate a cul-de-sac by connecting Street H to Street B. Lambert said the Parks,Recreation&Natural Resources Commission voted 7-0 to approve this project at its April 20, 1998 meeting. He said there was extensive discussion about the park dedication,the trails, and the access to the parking lot from the north. Staff has spent a good deal of time in discussions with Mr. Herbst about the park dedication. He did not wish to dedicate any of the 6.6 acres, and Staff felt the City should acquire the land even if it meant land in lieu of park fees. Staff believes it is important to try to preserve the public land up the valley to an area that would be 100 feet or so below the homes. This is an extremely important and beautiful piece of property. He said the other issue is automobile access from the north to the Richard T. Anderson Conservation Area,which will not be an easy access to construct. The developer proposed a parking lot on his property with a trail system down to the park area;however,there would probably be a lot of questions about why we didn't provide a parking lot in the park if we don't build the access. Gray said Staff recommended that the right-of-way width on County Road 1 be 60 feet. They would prefer that the trail be included in the right-of-way rather than within the easement. CITY COUNCIL MINUTES May 5, 1998 Page 5 Dwight Jellie,representing Westwood Planning,reviewed the changes made to the wetland buffer with the new project. He said they will provide 15 foot buffers with some wetland edge signs so the homeowners know where the wetlands are. Case asked if the signs would be carsonite markers. Lambert said they would. Lynette Wheelock, 9576 Crestwood Terrace, said traffic on CSAH 1 is a big issue for the residents as is the park traffic. She asked about the Williams Pipeline corridor. Jellie reviewed the plans for the turn lanes. He said Hennepin County's concerns caused the driveway to be relocated so it will be at the top of the hill in order to improve the sight lines. Jellie then pointed out the pipeline corridor on the project map,noting he believed it is a 66 foot wide easement. Ms Wheelock then asked about the development of the trail system. Lambert said we have not laid out the trail yet,but it will probably have to jump over the creek at points in order to be on flat land. It will probably be five years before we have the hearing process on that. Ms Wheelock was concerned about what effect the increase from low density to medium density on part of the project will have on the natural resources of the creek and on the traffic patterns. She thought there will need to be a signal at the intersection of Crestwood and Pioneer Trail. Perry Forster, 9505 Highview Drive,was concerned about the access into and out of the property. The speed limit on CSAH 1 is 50 mph, and there is a high potential for accidents. There are trees on both sides of the road in this area. He had seen a letter dated May 1 from the Hennepin County permit coordinator to the developer that had a concept of a left turn bay into the project. Not including the left turn lane is a major change and he would like to see details on this so that we are sure there is adequate safety without the turn lane. He would also like to have the City work with Carver and Hennepin Counties to get the speed reduced on CSAH 1. MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to close the Public Hearing. Motion carried 5-0. Case supported Parks Department's recommendation on the public access and agrees that parks need to be accessible to the public. He also supported the park trail proposal as submitted. He too would like to see the speed limit on Pioneer Trail reduced and,with all of the development coming on line,would like to see us go through the proper channels to bring about a reduction in the speed limit. He said the Dornkemper home is one of four remaining log cabins left in the City, and he asked that, as a condition of project approval,proponent allow John Gertz to arrange to have it photographed before it is removed. Butcher-Younghans thought lowering the speed limit to 45 mph would be good. She also would like approval conditional upon the State Archaeologist CITY COUNCIL MINUTES May 5, 1998 Page 6 authenticating the burial mounds there. Her understanding is that, once authenticated,the two lots where the burial mounds are located would be made into an outlot and not developed, and that should be a condition for approval. Harris liked the proposal because of the mixed housing on this piece of land. She thought the density transfer protects the value the City has for open space,trees, and the bluffs. She has some concern about the 1700-foot cul-de-sac because that is very long. She would like to see some additional thought given to how that could be decreased and still retain the sense of neighborhood. She asked Gray if there will be an issue of access and safety. Gray said the most concern would be about those people who return in the evening and make left turns into the development. What we have done historically is to provide a by-pass lane for traffic to get around vehicles making a left turn in, such as the ones being put on Hwy 212 at Eden Prairie Road and Spring Road. He thought the new location of the intersection is the best one the County could find along the roadway. There will be another intersection further to the west at some point. Tyra-Lukens was concerned that the entrance to the Klein-Peterson property be marked so that the people who move into the cul-de-sac there don't oppose the entrance when it is put in five years from now. Lambert said we have an option on the Klein-Peterson parcel that ends in 2000. We have applied for a grant to help with the purchase for this year;however it would behoove us to build the access at this point if we plan to buy the property. He suggested we get a right of entry from Klein-Peterson. He thought they would agree to that because if we don't buy the property, it would be an access road to a beautiful lot on their property. Tyra-Lukens asked what our plan is for clearly marking the temporary cul-de-sacs shown on the project. Gray said there are two locations at the far southeast corner for ties into the Brown property. The Brown's have indicated an interest in developing a portion of the property,but he would expect that to continue to be a dead-end even with the development of the Brown property. There is a possibility of extending that to Dell Road in the future but it would be extremely difficult to do. The important connection is the westerly connection to the Zwiers property. There is a gravel road that connects to the Moon Valley property. The second access out to Pioneer Trail is very important, and we would want to sign that very well as a future connection. Tyra-Lukens said she would be very supportive of the recommendation that Street H connect to Street B. She noted that the Planning Commission strongly recommended that a second access be provided for the original proposal, and we discussed that at length at the Council review. They have increased the size with more lots and still really have only one entrance to the development. That bothered her because we gave fairly clear instructions that proponent was to provide a second access prior to 2nd Reading. CITY COUNCIL MINUTES May 5, 1998 Page 7 Thorfinnson agreed there needs to be a connection between Streets H and B. He was also concerned about giving up $218,000 in cash park fees. He was very concerned that, in the absence of a Capital Improvements Plan(CIP),we are making a decision but we don't know if it is a good decision because we don't have enough information. He is very concerned that we have no money set aside for capital improvements and maintenance. He said at some point we have to demand the information we have requested for months. He thought it is foolish to give up $218,000 in fees for this size a piece of property without a real knowledge of the true impact. Harris agreed that we need to get on with defining the CIP but we also have a timing problem with this development. Case agreed that the CIP is desperately needed;however he feels that this is one of those opportunities we can't afford to pass up. He also thought it doesn't make sense to get the second entrance if we don't connect Street H to Street B. Tyra-Lukens reviewed the list of approval conditions for the first development review from the Council Minutes of February 17th. Thorfinnson said he understands the Heritage Preservation Commission provides a list of suggested street names for developers rather than having proponents go to the HPC for suggestions. Case noted we were asking for a second entrance at the first review, and now we are faced with a larger plan without a second entrance. Tyra-Lukens and Harris agreed on the need for the second entrance. Enger suggested Staff be directed to return to the Council prior to 2nd Reading with a recommendation on how to proceed with the second entrance. Herbst said they have worked with Staff to improve the access into the development along Pioneer Trail with the turn lane mechanism and a divided median. He said they have worked hard to create individual neighborhoods within the development, and he was concerned that connecting Streets H and B would disrupt the sense of individual neighborhoods. Tyra-Lukens thought the street connection would not detract from the neighborhood concept, and a lot can be done with such things as markers to keep the sense of neighborhoods. Case thought the conditions from the February 17th meeting should be included as conditions for this project except for rewording the one that dealt with the issue of HPC and street names. MOTION: Butcher-Younghans moved, seconded by Case,to adopt Resolution 98-81 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 11.77 acres;to adopt Resolution 98-82 for PUD Concept Review on 112 acres;to approve 1st Reading of the Ordinance for PUD District Review on 112 acres and Rezoning from Rural to RM-6.5,R1-9.5 and R1-13.5 on 112 acres;to adopt Resolution 98-83 for Preliminary Plat on 112 acres CITY COUNCIL MINUTES May 5, 1998 Page 8 into 227 lots and 4 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations with the following Council conditions: 1) a connection be provided between Street H and Street B; 2)proponent to allow Staff to do photo documentation of the log cabin on the property; 3)Lots 3 and 4 to be placed in an outlot based on the verification of the burial mounds; 4) Staff to work with proponent and return to the Council prior to 2nd Reading with a recommendation on how to proceed with the second entrance; 5)placement of carsonite markers to delineate the conservation easement area, 6)placement of the wetland area into an outlot,preferably to be deeded back to the City; 7)proponent to consult the list of suggested street names provided by the Heritage Preservation Commission when naming streets within the development; 8) sidewalks to be placed on Streets E and F. Motion carried 5-0. B. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PIONEER TRAIL SANITARY SEWER AND WATER,I.C.98-5458 (Resolution 98-84) Jullie said the official notice for this Public Hearing was published April 23 and April 30, 1998 in the Eden Prairie News and sent to 9 affected property owners. A feasibility study has been prepared for this project. The study identified desirable watermain and sanitary sewer improvements along Pioneer Trail in Section 30. The proposed project would make sanitary sewer available to nine undeveloped parcels and water service available to 12 undeveloped land parcels. Seven of the 12 land parcels are proposed to be developed as Settler's Ridge. Gray reviewed the project,noting that the study concludes the proposed improvements are feasible and cost effective. Furthermore,the proposed improvements are necessary to provide sewer and water service to the proposed Settler's Ridge residential development. He said about 85%of the estimated $1,170,900 cost will go against the properties incorporated in Settlers Ridge. Staff used an acreage assessment rate to determine the assessments. He said they have had two meetings with property owners to explain the proposal. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case,to close the Public Hearing; and to adopt Resolution 98-84 ordering the improvement and preparation of plans and specifications for I.C. 98-5458,Pioneer Trail Sanitary Sewer and Water Improvements. Motion carried 5-0. C. FLYING CLOUD OFFICE BUILDING by Mount Properties. Request for Zoning District Change from C-Hwy to Office on 1.26 acres with variances to be reviewed by the Board of Appeals, Site Plan Review on 1.26 acres and Preliminary Plat of 1.26 acres into 1 lot. Location: 6608 Flying Cloud Drive. (Ordinance for Zoning District Change and Resolution 98-85 for Preliminary Plat) CITY COUNCIL MINUTES May 5, 1998 Page 9 Jullie said the official notice for this Public Hearing was published April 23, 1998 in the Eden Prairie News and sent to 14 affected property owners. The proposal is for construction of a single-story, 11,000 square foot office building on 1.26 acres. A variance for front yard setback of 25 feet for both building and parking along Flying Cloud Drive is required from the Board of Adjustments and Appeals. City Code requires a 35 foot setback. The Board of Adjustments &Appeals will be reviewing the variance request at its May 14, 1998 meeting. Bob Soffeld,representing Mount Properties,reviewed the proposal. Enger said the Planning Commission voted 6-0 for approval of this project at its April 13, 1998 meeting, subject to the recommendations of the Staff Report of April 10, 1998. Lambert said the Parks,Recreation&Natural Resources voted 5-0 for approval at its April 20, 1998 meeting,based on the recommendations of the Staff Reports of April 10 and April 15. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Thorfinnson,to close the Public Hearing;to approve 1st Reading of the Ordinance for Zoning District Change from C-Hwy to Office on 1.26 acres with variances to be reviewed by the board of Adjustments &Appeals;to adopt Resolution 98-85 for Preliminary Plat of 1.26 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson,to approve the Payment of Claims as submitted. Motion carried on a roll call vote,with Butcher-Younghans, Case, Thorfmnson,Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VHI. PETITIONS,REQUESTS AND COMMUNICATIONS A. APPROVE LAYOUT PLAN FOR CSAH 1 FROM HENNEPIN TOWN ROAD TO TH 212,I.C. 5369 (Resolution 98-86) Jullie said staff from Hennepin County and the City of Eden Prairie have been working on this preliminary layout in preparation for the presentation to the public and City Council. An open house was held on March 19, 1998 to present the CSAH 1 layout to the public for review and comment. Based on the questions and comments received,the City sent out a memorandum responding to those CITY COUNCIL MINUTES May 5, 1998 Page 10 questions/comments and made some modifications to the Preliminary Layout. He said the preliminary estimate of project costs are in the$6 million range with federal funds covering approximately$3.26 million. There was a Council Workshop on April 21, 1998 to review issues identified at the open house. A second open house was held on May 4, 198 for review of the layout modifications. Gray reviewed the layout plan,noting the roadway will be expanded to four lanes with a median to assist with entrance and egress. It will incorporate trails along both sides to provide pedestrian service to the neighbors. He said many of the concerns expressed by the neighborhoods were for safety of entrance and egress, and he thought the protected turn lanes are the best way to address those concerns. Craig Twinem,Project Design Manager for Hennepin County, said this is an important component of Hennepin County's Transportation plan. He said they will begin development of the detailed layout and construction plans upon receiving approval of the Preliminary Layout. They changed the roadway alignment around Woodridge to Homeward Hills on the north side. They added a pedestrian trail crossing and have proposed traffic signals at Homeward Hills and Franlo and, after studying the intersection at Bennett Place, added a signal at that location. Based on public input,they added retaining walls at several locations to minimize the impact to trees and the adjacent properties. Thorfinnson asked if there have been any changes since the Council reviewed the layout two weeks ago. Twinem said the east end of the project was changed to add a left turn lane into the driveway at 10065. That driveway had been realigned as part of the reconstruction of Hwy 169. Gray noted the change was made at the request of the homeowner. Butcher-Younghans asked if there had been any progress on the different types of textures for the medians. Twinem said they would like to work with City Staff on that during the detailed design. Gray said there are some areas that would be wide enough to have turf on the median;however,the City would probably have to agree to maintain it. Butcher-Younghans asked if there are any low maintenance types of plantings available instead of grass. Gray said they could investigate that. Jim Mohr, 9750 Mill Creek Drive,was concerned because all of the access points do not have turn lanes. He said there are no load limits for this roadway, and people will drive it as a four-lane road. He would like to see a three-lane design that would limit heavy traffic. He was also concerned that there are no noise abatement plans. Twinem noted there is no separate right turn lane for the Mill Creek entrance. Mr. Mohr said that is a school bus stop. CITY COUNCIL MINUTES May 5, 1998 Page 11 John Pastie, 9710 Mill Creek Road, said this is a huge project through a residential area. He was concerned about safety because it is difficult to make a left turn out onto Hwy 1 now, and it will be worse once it if widened. He said they have not had reasonable answers to their concerns. Gary Johnson, 10106 Juniper Lane, said the Council needs to drive down Pioneer Trail and ask themselves how wide it will be when it is done and how close it will come to existing houses. He thought there is too little regard for those who adjoin Pioneer Trail. He asked that this be considered an historic road preservation. Steve Andert, 9722 Purgatory Road, said his property is adjacent to the road. He is concerned about the increased traffic. He is opposed to urban sprawl and he thought this project will contribute to that condition. Janet Ford, 9720 Mill Creek Road,was concerned about safety issues with the dangerous entrance and exit conditions. She didn't think the concept takes the individual neighborhoods into consideration. Laurel Bluml, 10540 W.Riverview Drive, liked the idea of some of the improvements. She said we need to clear the trails during the winter and keep vehicles off the paths. She was concerned about the safety of non-vehicular traffic and about the intersection at Woodridge Drive. That intersection has short sight lines, and there is no signal planned for that location. She said the road will cut off access to the park off Woodridge Drive, and she was concerned that children will cross the highway to get to the park. She said we need law enforcement officers to address the issue of people driving on the paths in the vicinity of Pax Christi. Wesley Ford, 9720 Mill Creek Drive,thought the highway will not make it safer in any way. There is no right turn lane to get onto Mill Creek Drive. He thought it doesn't make sense to make a road harder to drive on. Harris noted that City Staff and the County representatives have listened to all of the residents'concerns. Tyra-Lukens asked what kind of refinements will have been done the next time we see this. Twinem said we will be developing the construction plans. Tyra-Lukens asked if we will see details such as the height and width of the retaining walls. Twinem said they will work with City Staff and the property owners involved. There are a lot of retaining walls on the layout and, if there are opportunities to further minimize impacts,they will do that;however,the next step would be the detailed construction plans. Gray said we will see more detail in terms of how the roadway interfaces with the adjoining properties. The concept will be the same but with much more detail. CITY COUNCIL MINUTES May 5, 1998 Page 12 He said each individual property owner will become more aware of what is required. Tyra-Lukens asked if we will have any more information on noise abatement. Gray said the County could provide more information,but he would expect that, compared to the noise level out there today,there are some areas where noise will increase. The noise increase should be less than 3 decibels. It would be difficult to mitigate noise on this roadway. Twinem said there will be an environmental assessment document prepared that has to be approved by the Federal Highway Administration. There is one sensitive area by Sherman Drive where the existing noise is buffered by a berm that is located on the right-of-way that will be taken out during construction. They expect the noise level in that area to increase by about 6 decibels. They will take a look at that area in right-of-way negotiations. He thought there will be a significant amount of area that will experience a decrease in noise levels. Butcher-Younghans was concerned about the Mill Creek Drive entrance. She asked if there is some way the layout could be tweaked to make it safer at that location,perhaps by synchronizing the signal lights at Homeward Hills and Bennett Place so that people could get out of Mill Creek Drive. Gray thought the median will allow vehicles to clear the west-bound traffic and then wait for east-bound traffic to clear thereby making it easier to get out than it is now. He thought we could consider putting a right-turn lane off CSAH 1 into Mill Creek if there is a high right turn volume. Scott Ludwig, 9748 Mill Creek Drive, said there are 50 kids on the school bus when it stops, and they do not put the arm out because the traffic is coming so fast there it would cause an accident. He said the roadway will cause their neighborhood to be cut off from Eden Lake and Oak Point Schools. Harris noted this is the first step in a long process, and there will be additional opportunities for public input. We are just approving the concept tonight. Doris Dixon, 9710 Mill Creek Drive,thought it should be possible to make a better roadway without ruining neighborhoods along this stretch of road. Jullie noted the property owners will be talked to individually about the impact to their property. The right-of-way limits are not definitely established at this point, and Hennepin County will negotiate with each property owner as a matter of the process. Twinem noted there will be an opportunity for public comment as part of the environmental impact process. Tyra-Lukens asked how many additional times the Council will vote on this. Jullie said they will come back with the final construction plans. He said we have heard tonight that the Mill Creek intersection is a real concern, and he would CITY COUNCIL MINUTES May 5, 1998 Page 13 expect Staff and the County to address that in the next phase. Tyra-Lukens said she is looking to the landscaping as a way to retain the residential feeling. She didn't think it has to end up looking like a freeway. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to adopt Resolution 98-86 approving Preliminary Layout No. 3 for the CSAH 1 (Pioneer Trail)Improvements between Hennepin Town Road and TH 212. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ARTS COMMISSION-Strategic Planning Process Tria Mann, staff liaison for the Arts Commission, said the Arts Commission has met with a Consultant to review and revise their strategic plan. They would like Council direction as they continue to work on the plan. Tyra-Lukens asked if there is a fee for the process. Mann said it is$750 for the consultant's input. Tyra-Lukens asked if it was in the budget. Mann said it was. Harris thought the Commission is to be commended for following through on the Strategic Plan. She was pleased that there was attendance at the presentation of the values and goals to gather input. Thorfinmon thought there is nothing standing in the way of their planning, and it will help us in the process of deciding where we go from here. Butcher-Younghans noted she was on a Commission that developed the Strategic Plan, and it helped them to focus and plan. On behalf of the Council,Mayor Harris thanked the Commission for the update and encouraged them to pursue their strategic planning process,keeping in mind the City's overall vision and value statements. B. BOARD OF ADJUSTMENTS &APPEALS Request City Council to set June 2, 1998 to Review the Board of Adjustments &Appeals decision on Appeal #98-06 by Richard Haefele(fee owner) and Jennifer Coughlin(Solid Foundations Program Director), at 7170 Bryant Lake Drive. Jullie said on April 9, 1998,the Board of Adjustments &Appeals found the City Staff s conclusions outlined in the memo dated February 13, 1998 do support a case for abandonment of the duplex non-conforming use and determined the property at 7170 Bryant Lake Drive to be a single family non-conforming use. He said it would be appropriate to set a date to review the Board's decision. CITY COUNCIL MINUTES May 5, 1998 Page 14 MOTION: Thorfinmon moved, seconded by Butcher-Younghans,to set June 2, 1998 as the meeting to review the Board of Adjustments &Appeals decision on Appeal#98-06 by Richard Haefele and Jennifer Coughlin. Motion carried 5-0. C. SOUTHWEST METRO TRANSIT COMMISSION(Councilmember Nancy Tyra-Lukens) Tyra-Lukens said the hub construction is going on schedule. They have a final purchase agreement for the new bus garage at the old BFI-Reuters site on Hwy 62. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. REPORT ON CITY MANAGER'S APPOINTMENT (Councilmembers Ross Thorfinnson,Jr. and Ron Case) Thorfinnson said Councilmember Case and he have met with the Human Resources Director and Chris Enger to develop a City Manager's salary and benefit package for Mr. Enger. They recommend that Chris Enger be appointed as City Manager effective August 1, 1998 following the retirement of Carl Jullie and approval of the employment agreement. His salary would be$103,100 with a benefit package commensurate with that offered City employees. Thorfinnson noted they reviewed a lot of information including information from cities of similar size and the School District. Case said they found that in some cases cities had no agreements while others had formal agreements. They thought it was very appropriate to have a Letter of Understanding with Mr. Enger. Thorfinmon thought everything was covered in the letter,but if there are other questions or concerns Councilmembers should bring them up. Case noted they do not intend to revisit the letter every year. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to receive the report of Councilmembers Case and Thorfinnson and to execute the Letter of Understanding regarding the employment of Chris Enger as City Manager effective August 1, 1998. Motion carried 5-0. MOTION: Case moved, seconded by Butcher-Younghans,to authorize the Mayor to execute the letter of understanding at this time and to officially hire Chris Enger as City Manager effective August 1, 1998. CITY COUNCIL MINUTES May 5, 1998 Page 15 Motion carried 5-0. 2. REPORT ON SOUTHWEST SUBURBAN CABLE Case said we have been waiting for several years to hear from Paragon Cable that they are ready to begin a system upgrade. They will start with three other cities this year and will upgrade Minnetonka and Eden Prairie in 1999. They will install fiber optic cable throughout the city. There are no plans to offer modem access at this time. He noted the public channels will be changing but,to avoid confusion,those numbers will be announced later. 3. SILT FENCES Butcher-Younghans said the NURP pond off Bennett and Pioneer Trail still has a construction fence around it,but the construction has been finished for a while. She wondered whose responsibility it is to remove that and if there might be other similar situations in the City. Jullie said Staff will check into it. Harris asked whether we charge the developer if the City takes the fence down. Jullie said we have had some success in getting the responsible parties to clear it up when we get out and identify the locations. 4. WATER ORDINANCE Tyra-Lukens said she has heard from residents with concerns about the water ordinance. They received a letter regarding the rules on watering that gave a number to call about a neighbor watering at the wrong time. The resident said she was unable to call after hours, and the Police Department referred her to Leslie Stovring's number. She then got voice mail at that number. Tyra-Lukens asked if we have a procedure to deal with that. The caller was concerned that people deliberately start watering on the wrong date because they know City Hall is closed. Jullie said he would need to follow up with the Engineering Staff and get back to the Council on this problem. Thorfinnson thought we might want to develop a separate line that is for the purpose of reporting infractions with a procedure to take the names and follow up with a letter to those people who are complained about. Jullie said Staff will review this and come back with recommendations. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS,RECREATION&NATURAL RESOURCES CITY COUNCIL MINUTES May 5, 1998 Page 16 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for Installation of Temporary Traffic Signals at CSAH 39 (Valley View Road) and Plaza Drive/Topview Road,I.C. 97-5447(Resolution) (Item deleted) 2. Approve Traffic Control Signal Agreement with MnDOT for Temporary Signals at CSAH 39 (Valley View Road) and Plaza Drive/Topview Road,I.C. 97-5447(Resolution) (Item Deleted) 3. Resolution 98-89 Awarding Contract for 2" Bituminous Overlay.I.C. 98-5462 Gray said the low bid for the bituminous overlay contract was received from Valley Paving for$206,400. MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to approve Resolution 98-89 awarding the contract for 2"bituminous overlays,I.C. 98-5462,to Valley Paving. Motion carried 5-0. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens,to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 10:55 p.m.