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City Council - 09/01/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 1, 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 Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 PM. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Agenda as published. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF BUDGET WORKSHOP HELD TUESDAY, AUGUST 18, 1998 MOTION: Butcher-Younghans moved, seconded by Thorfmnson, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, August 18, 1998. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 18, 1998 MOTION: Tyra-Lukens moved, seconded by Case to approve as published the Minutes of the City Council Meeting held Tuesday, August 18, 1998. Motion carried 5-0. CITY COUNCIL M UTES September 1, 1998 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 98-150 APPROVING FINAL PLAT OF MOUNT PLAT FOUR C. RESOLUTION 98-151 APPROVING FINAL PLAT OF PRAIRIE CROSSROADS CORPORATE CENTER D. BEST BUY CAMPUS - PHASE 3 by Best Buy Company. 2nd Reading of Ordinance 23-98-PUD-16-98 for PUD District Review to the overall Best Buy PUD & Zoning District Change from Rural to I-2 on 4.3 acres and adopt Resolution 98-152 for Site Plan Review on 4.3 acres. Location: 7075 Flying Cloud Drive. (Ordinance 23-98-PUD-16-98 for PUD District Review and Zoning District Change and Resolution 98-152 for Site Plan Review) E. REALIFE VALLEY VIEW COOPERATIVE by Realife, Inc. 2nd Reading of Ordinance 22-98-PUD-15-98 for Planned Unit Development District Review on 3.6 acres with waivers and Zoning District Change from Rural to RM-2.5 on 3.6 acres and Adopt Resolution 98-153 for Site Plan Review on 3.6 acres. Location: South side of Smetana Lane (Ordinance 22-98-PUD-15-98 for PUD District Review and Zoning District Change and Resolution 98-153 for Site Plan Review) F. HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER by CSM Corporation and Home Depot. 2nd Reading of Ordinance 24-98-PUD- 17-98 for PUD District Review on 27.2 acres and Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to I-2 Industrial on 7.26 acres and Adopt Resolution 98-154 for Site Plan Review on 27.2 acres. Location: Valley View and Prairie Center Drive. (Ordinance 24-98-PUD-17- 98 for PUD District Review and Rezoning and Resolution 98-154 for Site Plan Review) G. RESOLUTION 98-155 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF BIDS FOR FULLER ROAD STORM SEWER IMPROVEMENTS, I.C. 98-5461 H. RESOLUTION 98-156 AWARDING CONTRACT FOR PIONEER TRAIL SANITARY SEWER AND WATER, I.C. 98-5458 I. AWARD BID FOR SITE IMPROVEMENT TO THE EDEN PRAIRIE, COMMUNITY CENTER J. CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM (RESOLUTION 98-157) CITY COUNCIL MINUTES September 1, 1998 Page 3 K. RESOLUTION 98-158 APPROVING AMENDMENT TO AGREEMENT WITH MPLS PUBLIC HOUSING AUTHORITY AND MEMORANDUM OF UNDERSTANDING WITH METRO COUNCIL HRA L. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, SEPTEMBER 15, 1998 AT 5:00 PM ON FEE PHILOSOPHY & POLICY M. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, OCTOBER 6, 1998 AT 5:00 PM FOR INFORMATION & DISCUSSION ON ENTERPRISES, LIOUOR & UTILITY N. ESTABLISH 7:00 PM AS THE OFFICIAL MEETING TIME FOR CITY COUNCIL MEETINGS BEGINNING JANUARY_1. 1999 O. APPROVE RESOLUTION 98-159 RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE: ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE P. ADOPT PROCLAMATION COMMENDING OPTIMIST CLUB OF EDEN PRAIRIE FOR TWENTY YEARS OF SERVICE TO COMMUNITY MOTION: Thorfinnson moved, seconded by Case, to approve items A-P of the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE CITY CENTER AND FIRE STATION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, PUD Zoning District Review on 30 acres, Zoning District Amendment in the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution 98-160 for Planned Unit Development Concept Amendment, Ordinance for PUD Zoning District Review and Zoning District Amendment) Enger said the official notice of this Public Hearing was published on August 20, 1998, in the Eden Prairie News and mailed to 104 property owners. Barb Cross reviewed the process and criteria used to select the site for the new fire station. Spencer Conrad reviewed the layout of the building. Paul McClure, architect, reviewed the staging of the parking ramp and the landscaping proposed. He said they are using Kraus-Anderson as the project CITY COUNCIL MINUTES September 1, 1998 Page 4 construction manager to handle bids for the three construction phases and to manage the contracts. Tyra-Lukens asked how parking will be handled during construction. Cross said the C. H. Robinson parking will be relocated, and the hours for usage of the Heritage Room will be restricted. Butcher-Younghans asked about the noise levels for fire equipment exiting from the facility. Conrad said they try to use common sense, and there are laws regarding lights and sirens being on. They will do everything they can to keep noise at a minimum. Harris asked how many calls are received per station. Conrad said there are no individual station calls because all stations receive the call and then send out certain equipment from each station. It is difficult to know how much traffic will be generated from this station. Case thought there would be an advantage for the neighbors in terms of response time because the site is a lot closer to fire fighters. The average response time now is seven minutes, but being this close will have a positive impact on that time. Butcher-Younghans asked if the intersection will have more than a stop sign and if there will ever be a monitor there. Dietz said we are in the preliminary design steps of signalizing the intersection, and there will be a monitor. He said we may need to add a turn lane as well, but they are in the process of studying that. Enger said the Planning Commission voted 6-0 to recommend approval of this project at its August 24, 1998, meeting, subject to the recommendations of the Staff Report of August 21. The Parks, Recreation&Natural Resources Commission did not review this item. There were no comments from the audience. MOTION: Tyra Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 98-160 for PUD Concept Review on 30 acres; and to approve 1st Reading of the Ordinance for PUD District Review on 30 acres and Zoning District Amendment in the I-5 Zoning District on 30 acres. Motion carried 5-0. B. GUSTAFSON SUBDIVISION by Jeffrey Gustafson. Request for Preliminary Plat of 2.32 acres into 2 single family lots. Location: 13241 Holasek Lane. (Resolution 98-161 for Preliminary Plat) CITY COUNCIL MIINUTES September 1, 1998 Page 5 Enger said the official notice of this Public Hearing was published on August 20, 1998, in the Eden Prairie News and mailed to 35 property owners. Jeff Gustafson, property owner, reviewed the proposal to subdivide a 2.3 acre lot into two lots to permit the construction of an additional single-family home. Enger said the Planning Commission voted 6-0-l(Habicht abstained) to recommend approval of this project at its August 10, 1998, meeting, subject to the recommendations of the Staff Report of August 7, 1998. He reviewed the recommendations, noting that the project will require variances for the proposed frontage for each lot. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to adopt Resolution 98-161 for Preliminary Plat on 2.32 acres into two lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. C. CROSSTOWN CIRCLE CENTRE by Continental Property Group. Request for Planned Unit Development Concept Review on 10.92 acres, Planned Unit Development District Review on 10.92 acres, Zoning District Amendment in the Office Zoning District on 10.92 acres and Site Plan Review on 10.92 acres. Location: Crosstown Circle. (Resolution 98-162 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Enger said the official notice of this Public Hearing was published on August 20, 1998, in the Eden Prairie News and mailed to 11 property owners. Tim Sheridan, representing Continental Property Group, reviewed the project. They are working with a single tenant for use as a corporate headquarters, with occupancy targeted for June 1999. They are very concerned about traffic congestion in the area and will work with Staff on remedies for the situation. Scott Wiesling reviewed the building plans and site design. Allen Kretman reviewed the landscaping. Enger said the Planning Commission voted 7-0 to recommend approval of this project at its August 10, 1998, meeting, subject to the recommendations of the Staff Report of August 7. He reviewed the recommendations, noting that the project requires a building height waiver from 30 to 74 feet. The Planning Commission directed the developer to complete a traffic study and determine if any road improvements are needed. The traffic study indicates a need to widen Crosstown Circle and for the City to continue its plans to improve Flying Cloud Drive to four lanes. CITY COUNCIL MINUTES September 1, 1998 Page 6 Lambert said the Parks Commission reviewed the proposal at their August 17 meeting and recommended approval on 7-0 vote, subject to the recommendations of the Staff Report of August 7. He said most of the Commission's discussion revolved around the tree replacement issue, and the developer assured the Commission that they would be acquiring the Eden Inn property and would plant the additional trees needed on that site. Dick Anderson, 11380 Windrow Drive, representing Minnesota Supply Company, said they have concerns about the traffic and the access to the site. He said Minnesota Supply Company has two entrances to their property, but all cars will have to go through the cul-de-sac for this property. Traffic backs up during a snow fall now, so they are concerned about adding additional cars from this project. They believe the project is much larger than originally planned and would like to see it reduced to a more feasible plan. Harris asked him to show his property access points on the map. Anderson reviewed the access points. Harris then asked if the exit from Flying Cloud is through a parking lot. Anderson said they have it posted for no through traffic but it is pretty much ignored. Terry Joos, representing Minnesota Supply Company, reviewed the route he has to take on his commute home and voiced his concerns regarding only one egress point for the project. Joni Teschner, 6463 Muir Dr, representing Research Inc., was also concerned about traffic. They have flex time at Research, Inc., but at any time from 3:30 to 5:00 PM there are major traffic concerns and the extra 683 parking spaces added by this project are a real concern. She asked if there are any studies being done in the area as to traffic control. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. Harris said the traffic issue was raised in the Planning Commission meeting, and the minutes of that meeting indicated there would be some attention paid to the traffic issue. Enger noted this is one of the last sites in that area to develop. Traffic hasn't gotten bad enough yet for people to use some of the solutions that would help such as buses and alternate methods of transportation and extensive use of flex time. A study of the Golden Triangle area showed the companies were not ready to take on measures such as those. There are limited access points to the freeways. He said the Floor Area Ratio (FAR) of 35% is just about the same level FAR as the other options for the property. CITY COUNCIL MINUTES September 1, 1998 Page 7 Dietz said there was a lot of discussion at Staff level about traffic issues in Eden Prairie. We can't solve the regional system nor can we shut the door until it is solved. There was a compromise on this building size. He reviewed some of the highway improvements in the area such as finishing the Shady Oak Road and Hwy 212 intersection and the ramp signals scheduled for the Washington, Valley View Road and Hwy 169 intersection. He noted the Hwy 494 project is not going to get done in the near future, and they may have to look at cost sharing in order to do needed improvements in the area that are needed. Harris thought we are dealing with a regional issue. There are three members of the City Council who are working with various issues of traffic and transportation. Thorfinnson thought there are a lot of improvements in the immediate area that will help somewhat. The ramp meters are designed to divert traffic onto alternate routes, and this area has a limited number of entrances and exits. He believes the answer lies in Travel Demand Management (TDM) for the Golden Triangle area. We have not met with a great deal of success when going in to talk to the businesses in the area. We have had a very disappointing response from Best Buy when we tried to get them to participate in TDM. While he was in favor of the project, he thought we need to make it a Council condition that the developer work to develop a TDM plan to help alleviate the traffic problems that will be created. Case asked if there are other industrial complexes in the City that have only one access. Enger said GE Capital has three points of access and Super Valu has two, and they both are quite a bit larger than this project. Case was concerned that we could get in trouble with emergency vehicle access if a tree blocked the one access road. Enger said this is comparable to our concerns in the residential areas; however, the length of this cul-de-sac is not excessive. He thought it is reasonable because we have all the other businesses in the area. We will need to look at road improvements that everyone in the area participates in. Harris would like to see every business in the area in partnership on the TDM planning. Thorfinnson noted this is the last piece we have the ability to do something on. It is a starting point, and we know from experience after construction starts they don't want to talk any more. Case said he was not sure what we would be committing to, since the answers to many of the conditions aren't there yet. Harris could accept Thorfinnson's condition; however, her concern is that one company cannot solve the problem unless they are willing to assume the leadership for all the businesses. CITY COUNCIL MINUTES September 1, 1998 Page 8 Sheridan said Mr. Hoyt is willing to carry the ball to the businesses in the area because they recognize this is a problem. As a developer they want to work with the City and want the local businesses to work together on a remedy for this problem. Butcher-Younghans said there is an issue regarding the historic site on the property. It does not meet any of the local criteria for designation, but she would like to have the Eden Prairie Historical Society videotape the site and take an artifact representing the tower for the museum. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adopt Resolution 98-162 for PUD Concept Review on 10.92 acres; to approve 1st Reading of Ordinance for PUD District Review on 10.92 acres and Zoning District Amendment in the Office District on 10.92 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations with the following Council conditions: 1) prior to final approval proponent will put together a TDM program and Mr. Hoyt will work with the I-494 Corridor Commission consultants to lead an effort in the Golden Triangle area to develop a broader TDM effort; and 2) proponent will allow the Eden Prairie Historical Society to videotape the site and select an artifact representing the tower for the museum. 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, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION 98-163 CERTIFYING PROPOSED 1999 PROPERTY TAX LEVY, ACCEPTING PROPOSED 1999 BUDGET, AND SETTING DATE(S) FOR TRUTH-IN-TAXATION HEARING(& Uram said Minnesota State Statute requires that by September 15 of each year, cities adopt the proposed net property tax levy and set dates for the "Truth-in- Taxation" Public Hearing. The proposed levy for 1999 is approximately $18.6 million, or a 4% increase from last year. Staff is suggesting Monday, December 7, 1998 for the "Truth-in-Taxation" hearing with a reconvene on Tuesday December 15, if necessary. The proposed 1999 budget of$25,527,672 was reviewed by the Council on August 18, 1998. MOTION: Thorfinnson moved, seconded by Case to adopt Resolution 98-163 certifying the proposed 1999 property tax levy to be $18,611,991, accepting the proposed 1999 Budget of$25,527,672, and setting December 7, 1998, and CITY COUNCIL NII WMS September 1, 1998 Page 9 December 15, if necessary, as the dates for the "Truth-in-Taxation" Public Hearings. Motion carried 5-0. B. RESOLUTION 98-164 CERTIFYING PROPOSED 1999 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH-IN- TAXATION HEARING(S) Uram said the Council needs to certify the proposed 1999 Local Transit Services tax levy and set a date for the "Truth-In-Taxation" Public Hearings. MOTION: Case moved, seconded by Tyra-Lukens to adopt Resolution 98-164 certifying the proposed 1999 net local transit services tax levy to be $2,238,691 and setting December 7, 1998, and December 15, if necessary, as the dates for the "Truth-In-Taxation" Public Hearings. Motion carried 5-0. VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION Tyra-Lukens said they met last week. They are in the process of soliciting bds for the bus garage, and that facility should open on time. Ridership is very good for the summer, and the run to Valley Fair was very successful. They are trying an activity bus schedule as an alternative for school students. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Award Contract for Phase 1 Construction of Fire Station Cross said bids were opened on Tuesday, August 25. There were ten different companies bidding. She reviewed the Staff recommendations for the award. MOTION: Case moved, seconded by Butcher-Younghans, to award the contracts for Phase 1 construction of the fire station as follows: Div 1: Building Excavation/ Earthwork Belair Excavating $ 42,999.00; Div 2: Site Utilities Julian Johnson $ 61,525.00; Div 3: Footings and Foundations Northland Concrete $147,000.00; CITY COUNCIL NIINUTES September 1, 1998 Page 10 Div 4: Structural Steel-Supply Bergh's Fabricating $ 92,600.00; for a total contract amount of$344,124. Motion carried 5-0. 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 MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:50 PM.