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City Council - 06/16/1998 CITY COUNCIL M NUTES June 16, 1998 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 98-110 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR I.C. 93-5304 EDEN PRAIRIE CROSSING FRONTAGE ROADS C. RESOLUTION 98-111 APPROVING FINAL PLAT FOR RUED FIRST ADDITION D. RESOLUTION 98-112 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT AND HENNEPIN COUNTY FOR TRAFFIC SIGNALS AT THE CSAH 39 (VALLEY VIEW ROAD) AND II- 494 RAMP INTERSECTIONS, I.C. 97-5443 E. RESOLUTION 98-113 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR TRAFFIC SIGNALS AT TH 212 (FLYING CLOUD DRIVE) AND REGIONAL CENTER ROAD, I.C. 97- 5445 F. HTG OFFICE BUILDING by TGP Enterprises, L.L.C. 2nd Reading of Ordinance 17-98 for Zoning District Change from Rural to Office on .86 acres and Adopt Resolution 98-114 for Site Plan Review on .86 acres. Location: 9300 and 9310 Hennepin Town Road (Ordinance 17-98 for Zoning District Change and Resolution for 98-114 Site Plan Review) G. FULLER ROAD BUSINESS CENTER by Fuller Road Business Center L.L.C. 2nd Reading of Ordinance 16-98-PUD-12-98 for PUD District Review on 7.02 acres and Rezoning from I-General to I-2 Industrial on 7.02 acres and Adopt Resolution 98-115 for Site Plan Review on 7.02 acres. Location: 7905 Fuller Road. (Ordinance 16-98-PUD-12-98 for PUD District Review and Rezoning and Resolution 98-115 for Site Plan Review) H. ADOPT RESOLUTION 98-116 DECLARING THE CITY'S INTENT TO EXERCISE THE LOCAL TRANSIT LEVY OPTION FOR TAXES PAYABLE IN 1999 I. APPROVE AN ORDER TO HAVE THE UNSAFE CONDITION AT 7143 TICONDEROGA TRAIL REMEDIED MOTION: Thorfinnson moved, seconded by Case to approve items A-I on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES June 16, 1998 Page 3 V. PUBLIC HEARINGS/MEETINGS A. WYNSTONE by Jasper Development. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 6.95 acres,Rezoning from R1-22 to R1-13.5 and RM-6.5 on 9.01 acres,Preliminary Plat on 9.01 acres into 29 lots and Site Plan Review on 6.95 acres. Location: 7102, 7126 &7128 Baker Road. (Resolution for Comprehensive Guide Plan Change, Ordinance for Rezoning, and Resolution for Preliminary Plat) Item deleted. B. AUTHORIZE THE ISSUANCE, SALE AND DELIVERY OF UP TO $4,000,000 REVENUE REFUNDING BONDS, (CASTLE RIDGE CARE CENTER, INC. PROJECT) SERIES 1998, AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS (Resolution 98- 117) Jullie said the official notice for this Public Hearing was published in the Eden Prairie News on May 28, 1998. The City previously issued $3,875,000 First Mortgage Health Care Refunding Revenue Bonds (Castle Ridge Care Center, Inc. Project), Series 1989. Castle Ridge has requested to refinance these original bonds. In the past the City has been accommodating to these requests. By its approval action the City does not assume any liability for repayment of any portion of the debt incurred by this action. The City attorney's office and the City Finance Director have reviewed this transaction and recommend approval. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; and to adopt Final Resolution 98-117 relating to a Health Care's Facility Revenue Refunding Bond for the Castle Ridge Care Center, Inc. Project, Series 1998. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens to approve the Payment of Claims as submitted. Motion carried on a Roll Call Vote with Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VHI. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST TO MODIFY PARK BOUNDARY AT PRE VIEW PARK BY ADJACENT PROPERTY OWNERS CITY COUNCIL MINUTES June 16, 1998 Page 4 Jullie said we have received a request from three adjacent property owners to modify the park boundary at Prairie View Park by having the City sell a portion of that park property to them. The three parcels would vary from 1500 square feet to nearly 4000 square feet. The property owners have been utilizing this City park property as an extension of their backyard areas. A letter was sent by Staff to inform the three property owners of a trespass issue and request that amenities such as gardens, fences and garden sheds be removed from the park property prior to April 1, 1998. He said the Parks, Recreation, and Natural Resources Commission voted unanimously to recommend denial of this request at their May 18, 1998 meeting. Tom Schmidt, 17726 South Shore Lane, representing the neighbors, reviewed the letter sent to the City prior to the meeting. They did not realize the property was part of the park property. They have maintained and used the section of land as a park over the last 10-12 years. They do not think that section of land is serving the City for any public purpose. He thought the correct action for the City was to sell them the land, or, if that is not possible, to allow them to maintain the use of it as it is now. Harris asked Lambert if there are areas we maintain as natural versus maintained parks land. Lambert said the City has over 2000 acres of park and open space land and over half of that has been designated as natural areas. The neighborhood has had some serious impact in Prairie View Park since the development went in. The developer had to grade on City park land in order to accommodate the drainage in the project, and the graded area appeared to be part of the backyards. However,just because we don't mow a park doesn't mean we consider it to be useless or not really a park. Areas left in a natural condition will help to slow down some of the drainage, and shrubs, weeds and eventually trees would grow there. He said Staff would discourage allowing people to mow into park land because it eventually becomes like a yard, and we would have many requests if that were allowed. Case agreed the property involved appears to fit very nicely with the lots. In many ways this is a unique case, but there is no way to word it that way. Tyra-Lukens thought the next case would appear to be unique too. While it was unfortunate the way this happened, we have to draw a line in the sand. We spend money to buy park land, and our residents trust that we buy it to hold as public land in perpetuity. Harris realized that everyone has acted in good faith, and she expressed her appreciation for the maintenance the neighbors have performed over the years. She thought we would be establishing a precedent that would not be maintainable over time if we agreed to their request. We need to let the property return to its natural state. CITY COUNCIL MINUTES June 16, 1998 Page 5 Thorfinnson asked when and if the lots change hands, what will prevent this from happening again. Lambert said we will place carsonite markers along the boundaries. MOTION: Case moved, seconded by Thorfinnson, to deny the request to modify the park boundary at Prairie View park, per the recommendation of the Parks, Recreation and Natural Resources Commission and the Staff Agenda Report of June 16, 1998. Motion carried 4-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION- Appointment of a member to fill an unexpired term through March 31, 2001 Jullie said we need to appoint someone to fill an unexpired term on the Environmental &Waste Management Commission. Thorfinnson nominated Kristi Yager. Case seconded the nomination. There were no further nominations. MOTION: Thorfinnson moved, seconded by Case, to close the nominations and to cast a unanimous ballot for Kristi Yager to fill an unexpired term on the Environmental &Waste Management Commission through March 31, 2001. Motion carried 4-0. M. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Proposed Petition to the Riley/Pur ag tory/Bluff Creek Watershed District and the Nine-Mile Creek Watershed District for the Creek Corridors Basic Water Management Project Lambert said the City Council previously approved issuing a request for proposals to contract for services to assist the City in developing a management plan for the various conservation areas within the City. As Staff drafted the RFP and developed criteria for conserving these areas, much of it referred back to protecting the water resources within these CITY COUNCIL MINUTES June 16, 1998 Page 6 corridors and complimenting the approved Watershed District plans. City Staff discussed the possibility of a joint project between the City of Eden Prairie, the Nine-Mile Creek Watershed District and the Riley/ Purgatory/Bluff Creek Watershed District to develop the management plan for these conservation areas as a basic water management project. Lambert said after discussing the general goals and purpose of the Conservation Area management plans, it became apparent to the Staff of the Watershed District that the goals for these management plans are consistent with the goals of the Watershed Districts in protecting the natural resources along these creek corridors. Accordingly, Staff is now recommending City Council approval of a joint petition to the Watershed Districts for the Creek Corridors Basic Water Management Project. 100% of the costs for developing this study project would be paid for and funded by the Watershed District. Lambert said it will be a two-phase project with the study as the first phase. As a result of the study, trails may be proposed, but each project would be voted on by the Council. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to submit a joint petition to the Riley/ Purgatory/ Bluff Creek Watershed District and the Nine-Mile Creek Watershed District for the Creek Corridors Basic Water Management Project as per the Staff agenda report of June 16, 1998. Motion carried 4-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 4-0. Mayor Harris adjourned the meeting at 7:55 p.m.