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City Council - 11/16/1999 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,NOVEMBER 16, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger asked to move Item X.A.1. Solicitation of FAA Support for Changes to MAC Ordinance 51 to the beginning of the Agenda. Dietz asked to add Item V.H. EARLY GRADING PERMIT FOR BROWN ADDITION to the Consent Calendar. MOTION: Butcher moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 5-0. X.A.I. SOLICITATION OF FAA SUPPORT FOR CHANGES TO MAC ORDINANCE 51 Tom Heffelfinger, Chairman of the Flying Cloud Airport Advisory Commission, referenced the Commission's presentation at a Council Workshop on revisions to MAC Ordinance 51, which reflects a compromise between interests of those who are users of the airport and interests of those who are neighbors of the airport. The Flying Cloud Airport Advisory Commission approved revisions to Ordinance 51. Several components are crucial to the acceptance of the Ordinance 51 compromise. One component is the subject of an FAA-required study, concerning a nighttime curfew that would be imposed on all Stage 2 jet aircraft flying out of Flying Cloud Airport. Nighttime traffic and resulting noise have been a recurring problem source of complaint, and Stage 2 engines have the noisier aircraft engines. The Environmental Impact Study (EIS) on Flying Cloud Airport's proposed runway expansion, of which the changes to Ordinance 51 are a part, is to be completed and available for public comment in January or February of 2000. Unfortunately, because that portion of the changes to Ordinance 51 which require FAA study will not be completed by that time, it will not be part of the EIS. The Flying Cloud CITY COUNCIL MINUTES November 16, 1999 Page 2 Airport Commission is not comfortable presenting the EIS to the public without having a sense of the FAA's stand on the nighttime and other restrictions. As a result, Heffelfinger has been asked by the Commission to receive authorization from the Council to represent Eden Prairie in seeking at least the concurrence of the FAA that it would support the revisions to Ordinance 51, if results of the study come back as expected. They hope to get a sense of this during an audience with a senior representative of the FAA in Washington, D.C.,which the Commission will seek through Congressmen Ramstad and Oberstar. Heffelfinger would also be accompanied on this trip by representatives of MAC and the aircraft users or fixed-base operators at Flying Cloud. Case said he would hope to have an opportunity to vote on the changes to Ordinance 51 at some point. Heffelfinger said they want to make this trip to Washington, D.C. during the Christmas recess in order to get a sense of the FAA well in advance of the public hearing. This sense will be returned to the City Council as well as MAC. MOTION: Case moved, seconded by Butcher, to endorse the solicitation of support from the FAA and key aviation associations for the proposed changes to MAC Ordinance 51 by MAC staff and the Flying Cloud Airport Advisory Commission. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 2, 1999 On page 9, under the report on the Southwest Metro Transit Commission, Tyra- Lukens said the name and title should be corrected to "El Tinklenberg, Commissioner of the Minnesota Department of Transportation, . . ." MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, November 2, 1999, as published and amended. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 99-207 APPROVING FINAL PLAT FOR RESEARCH SECOND ADDITION C. SECOND READING OF ORDINANCE NO. 40-99 AMENDING CITY CODE SECTION 4.08, REVOCATION, SUSPENSION OR FINE, RELATING TO BEER, WINE AND LIQUOR & RESOLUTION NO. 99- 208 APPROVING SUMMARY ORDINANCE NO. 40-99 FOR PUBLICATION CITY COUNCIL NIINUTES November 16, 1999 Page 3 D. REQUEST FOR EXTENSION TO THE DEVELOPER'S AGREEMENT FOR GE CAPITAL/GE FLEET SERVICES CAPITAL POINTE (Resolution No. 99-217) E. APPROVAL OF CHANGE ORDER FOR CITY CENTER REMODEL F. AWARD BID FOR SECURITY EQUIPMENT FOR LIQUOR STORES G. AWARD BID FOR RETAINING WALL FOR THE RICHARD T. ANDERSON CONSERVATION AREA H. GRANT EARLY GRADING PERMIT FOR BROWN ADDITION MOTION: Case moved, seconded by Butcher, to approve Items A-H on the Consent Calendar, as amended with the addition of Item H. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. CAM ADDITION by Carlston Inc. Request for Planned Unit Development Concept Review on 10 acres, Planned Unit Development District Review with waivers on 10 acres, Rezoning from Rural to R1-13.5 on 10 acres, and Preliminary Plat on 10 acres into 17 lots. Location: 18230 and 18120 West 82"d Street. (Resolution No. 99-209 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change and Resolution No. 99-210 for Preliminary Plat) Enger said official notice of this public hearing was published on November 4, 1999 in the Eden Prairie News and sent to 96 property owners. Scott Carlston, proponent of the project, said Carlston Inc. has been involved in development of this site over the past two years. This project is for 17 single- family units to be built on 10 acres. The wetland area and back outlot will be given to the City, which will be signed and posted as a wetland. In return, they asked the City to grant variances to lots on the north boundary that will bring the houses closer to the street. Case asked if the ten feet of grassy area next to the wetland would be mowed. Carlson said there is a setback of 25 feet from the wetlands currently in place. There is also an extra 10-foot buffer in place for the future. This area will be left alone or may be planted with grass or wildflowers. Uram said the Planning Commission voted 4-0 to recommend approval of the project. Two issues were discussed; the length of the cul de sac and allowing additional setback to the wetland areas. Baker asked if there is room for emergency vehicles to turn around on Wall Street. Uram replied the plans recommend temporary turnarounds at the end of the street and Staff will work with the developer to ensure there is enough room CITY COUNCIL MINUTES November 16, 1999 Page 4 Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 99-209 for PUD Concept Review on 10 acres; and approve I" Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-13.5 on 10 acres; and adopt Resolution No. 99- 210 for Preliminary Plat on 10 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. SOUTHWEST STATION — PRASE H (PARING DECK) by SW Metro. Request for Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.5 acres, Zoning District Change from Rural to C-Reg-Ser on 1.5 acres, and Site Plan Review on 10 acres. Location: Technology Drive and Prairie Center. (Resolution No. 99-211 for PUD Concept Amendment and Ordinance for PUD District Review,Zoning Amendment and Zoning Change) Enger said official notice of this public hearing was published on November 4, 1999, in the Eden Prairie News and sent to 6 property owners. Jim Lasher, Southwest Metro Transit consultant, presented an overview of the project. The project is for a parking deck with 650 spaces and an overall concept for the Southwest Metro Station site, located at Technology Drive and Prairie Center Drive, on 23 acres, which includes the following uses: 260-unit, 11-story apartment building; 40,000-square-foot grocery store; 8,280-square-foot daycare; 10,0000-square-foot retail building; 9,600-square-foot restaurant (Pickled Parrot); 5,800-square-foot transit station; 18,000-square-foot retail building; and 52,870- square-foot retail entertainment building, in addition to the parking deck. Lasher said Southwest Metro is looking for final site plan approval for the parking structure and also approval of an additional level for the parking deck, which two days ago they realized would be needed. A four-level parking structure will provide a central parking location for a number of different businesses to increase the intensity and the density of this project. It will also provide additional park- and-ride facilities for SW Metro and evening and weekend users. SW Metro currently has direct access to the highway for transit through a tunnel on to Highway 212, and hopes to obtain MnDOT's permission to have a direct entrance off of Highway 212 into the parking deck ramp. That is why they are requesting a waiver for highway setback from 35 feet to zero feet. MnDOT has been reluctant to provide direct access to highways and has denied a request for direct access to Highway 212 in the past;however SW Metro will go back to them again. Thorfinnson said the I-494 Corridor Commission would be willing to help SW Metro obtain direct access to the highway from MnDOT. CITY COUNCIL MINUTES November 16, 1999 Page 5 Tyra-Lukens said there are two waivers for setbacks to be considered. The main reason the setbacks are needed is to make it easier for people to walk to retail shops and other buildings on the site. Case asked Lasher how critical is the request for a setback of zero feet for the apartment building parking area. Lasher replied it is important to the development. In order to get the desired density, the developer needs to use every bit of land available. Uram said he would like Lasher to clarify what the additional height of the parking structure would be with the additional level. Lasher replied it would be an additional 11-and one-half feet high. This would replace the parking originally proposed beneath the entertainment center. It would be more cost-effective to add a level to the parking deck. This conceptually allows them to take advantage of the land as well as having additional square footage. He asked that Staff be allowed to work with them on these changes. Uram said the concept plan was reviewed previously. The project is broken down into two parts, one of which is the parking structure. The other is the general concept, which would include housing, retail, etc. The Planning Commission recommended approval of the parking structure. Uram didn't believe adding another level to it would cause a major impact to the project,but Staff would need an opportunity to review that prior to the second reading. The developer is requesting a number of variances on the rest of the project, as well as building setbacks. The City supports this concept in order to maximize the development potential of the site. The Planning Commission recommended meeting the 150- foot shoreland setback and not reducing it to 100 feet as requested. The Planning Commission also recommended that the concept plan meet parking setbacks for both the retail and housing portions. The commissioned questioned the proposed 12-story height of the apartment building, so no specific approval was given to the height. The overall concept would be acceptable to the City, with some minor revisions. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Case said density issues are problematic in some cases. However, this location is where higher density housing should go because it helps make the transit hub work. He was not concerned about the parking setbacks. In order to make the hub concept work, he also supported the concept of allowing a shoreland setback of 100 feet. Thorfinmon said he had some concerns about putting the parking deck right up to the edge of the right of way. We count on the right of way to provide screening. The possibility remains that at some point all of the vegetation in the right of way could be removed, in order to widen the intersection, and then it is possible that CITY COUNCIL MINUTES November 16, 1999 Page 6 parking could be right to the edge of the road. However, he would want the ramp connection to the highway. He approved the shoreland setback for the apartment building to 100 feet, but he understood the Council would have a chance to review all parts of the project as they come through the process. It would be hard to get density without the height and setback requested. Mayor Harris said each component of this project makes a functional whole. She said it is very well designed. She was comfortable with allowing the waiver in shoreland setback from 150 feet to 100 feet. Butcher said she viewed this as a model project. The developer has come up with functional uses for the property as well as some services essential to daily life. This is the first project to incorporate mixed use and density, and the architecture will be pivotal to the project. She was comfortable with approving the setback. Tyra-Lukens said this is a good mixed-use development of the transit station site. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 99-211 for PUD Concept Amendment on 22 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Regional Service Zoning District on 8.5 acres and Zoning District Change from rural to C-Regional Service on 1.5 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. C. SCENIC HEIGHTS OFFICE BUILDINGS by Peter Andrea Company. Request for Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change from Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary Plat on 4.06 acres into one lot and road right-of-way. Location: Scenic Heights Road, west of the Fire Station. (Resolution No. 99-212 Authorizing Release of Restriction, Resolution No. 99-213 for Guide Plan Change, Ordinance for Zoning Change, and Resolution No. 99-214 for Preliminary Plat) (Continued from November 2, 1999) Enger said official notice of this public hearing was published on October 7, 1999, in the Eden Prairie News and sent to 34 property owners. This project is two, single-story office buildings west of the Eden Prairie fire station. It was reviewed at the October 19, 1999 Council meeting, and the developer was asked to make changes to the architecture to make it more compatible to the residential nature of the area. Staff has worked with the proponent and revised plans have been distributed to the Council. Gary Tushie, from Tushie, Montgomery Architects, said they had made changes to the architecture to make the buildings more residential in character. The building materials are the same as before,but the composition is different. Mayor Harris inquired if anyone wished to address the Council about this project. CITY COUNCIL M NUTES November 16, 1999 Page 7 Todd Hong, 8210 Hiawatha Circle, who addressed the Council previously on this project, asked about the possibility of directing the traffic that will be generated by the two office buildings north off the site through City property adjoining the City Center. Thorfinnson responded that this property is leased,which precludes the City being able to direct traffic through the property. Hong said he lives right off Scenic Heights Road and he appreciated the new traffic light at the intersection with Mitchell Road. He pointed out a problem on Scenic Heights between Mitchell and Eden Prairie Road. For three-tenths of a mile it appears to be a four-lane road because of its width. Often there are two vehicles heading in each direction. He asked the City to patrol this section, because in the past week he saw several near accidents where the road narrows down to two lanes. Regarding the construction of the office buildings, he hopes the City will enforce the noise ordinance concerning the hours when construction work can take place,which was not done during construction of the fire station. Greg Palmer, 18766 Wynnfield Road, said he is a member of the congregation of Eden Prairie United Methodist Church, which is the current owner of the four acres under consideration. He said it is important to the church to sell the property and hoped the Council would approve the project. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 99-212 authorizing Release of Restriction for church use on 4.06 acres; and adopt Resolution 99-213 for Comprehensive Guide Plan Amendment from Church to Office on 4.06 acres; and approve lst Reading of the Ordinance for Zoning District Change from Public to Office on 4.06 acres; and adopt Resolution 99-214 for Preliminary Plat on 4.06 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Tyra-Lukens said this is a well-designed plan. She asked the proponent of the project to take into consideration the hours of work allowed by the noise ordinance. She also commiserated with Mr. Hong's concern about the condition on Scenic Heights. She requested that Staff look at that issue. Staff previously made a statement that this road is essentially a four-lane undivided road that narrows down to two lanes. Tyra-Lukens expressed the hope that any traffic created by this development would not increase the traffic on this road and would not create the need for a four-lane road throughout its length. Dietz said the four-lane section runs from Mitchell Road to the pond, and from there it narrows to two lanes. Part of the Highway 212 project on Scenic Heights is also two lanes. The City could possibly change that in the future. However, the City agreed to the two-lane design on the part being reconstructed by MnDOT. CITY COUNCIL MINUTES November 16, 1999 Page 8 Butcher congratulated the architects on the changes made to the design. Thorfinnson agreed it is much improved. Case said he would vote for the project with the redesigned roof line, but cautioned the other Councilmembers that pitched roofs are not always best. They look different when viewed from above than they do when viewed at grade level. Motion carried 5-0. D. VACATION 99-07 DRAINAGE AND UTILITY EASEMENT OF EDENVALE 6TH,LOT 11,BLOCK 5 (Resolution No. 99-215) Enger said official notice of this public hearing was published on November 4, 1999. The property owner has requested this vacation to enable an addition to the home and re-landscaping. City and County records have been researched and do not include any other conflicting easements or encumbrances to the City over the area requested to be vacated. The City has no current or future need for the easement that is proposed for vacation. Staff recommends approval. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, Butcher seconded, to close the public hearing; and adopt Resolution No. 99-215 vacating part of the drainage and utility easement over Lot 11, Block 5, Edenvale 6th Addition. Motion carried 5-0. E. SPECIAL ASSESSMENT HEARING (Resolution No. 99-216) Official notice of this public hearing was published on October 21, 1999. Al Gray, City Engineer, said each year the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year, the Council will address three projects and a list of supplemental assessments for such things as connection fees and trunk utility assessments. The first project is for utilities along Pioneer Trail from Bearpath west to Highview Drive. The second project is for storm sewer improvements on Fuller Road, and the third is for a high-occupancy vehicle lane and traffic control signal construction at Valley View Road and Highway I-494. The Pioneer Trail utility project was designed and constructed last year. The project was completed at slightly under budget from the original feasibility study. Two of the properties are owned by Richard Ingram and Theresa Miller, which are residential homestead properties that the City would ordinarily consider for deferment. Gray would recommend assessing them and then defer until such time as existing homes are connected to the utility system or developed. As part of the project, an easement was negotiated with Mr. Ingram, which included a commitment to provide two sewer services to the property. One has been CITY COUNCIL MINUTES November 16, 1999 Page 9 installed, but the other will be connected as part of the Highview Drive utility project planned in 2000. Theresa Miller has requested deferment of her assessment without interest. There have been times in the past where the Council has deferred assessment without interest. But, in this case,utilities are now within the area and development can occur almost immediately. Therefore, Gray recommended assessing with interest until development occurs. Mayor Harris inquired if anyone wished to speak to the Council on this first item. Richard Ingram said he is appealing the assessments to his property at this time and asked to have the assessments deferred. He distributed a letter to Council and Staff, by which he showed that the City had promised him that he would get eight-inch sewer service to the west of his property and down the light-rail corridor at the back of his property. Right now he doesn't have sewer he can hook up to. He was told utilities were all going to be done at the same time. Thorfinnson asked Mr. Ingram if it was his intention to hook up to the sewer as soon as it is available. Ingram said no. Gray said the assessments proposed are from the project along Pioneer Trail as originally conceived. Assessments are based on benefits to Mr. Ingram's property. The benefit the City is assessing is not a benefit accrued by being able to hook up. The property is worth more today and has access to sanitary sewer and water. It can be sold for development now. The properties are being assessed whether or not the property owners hook up to the sewer and water. Gray said what they have suggested is that while the City would levy the assessment, it can be deferred until such time as Mr. Ingram connects his existing home. In the near future Ingram would be able to make connection to the sewer. Mr. Ingram said it is impossible for him to connect his house to the sewer line at the west end of the property. He said he was promised eight-inch service across the back of his property. He didn't think anybody should be assessed until facilities are available to hook up to. Case referenced the letter stating the eight-inch service would be installed, but it doesn't promise a specific date. Gray said the City didn't promise a date certain that this would be done. He said that has nothing to do with the assessment issue; it is part of the compensation issue for the easement. Case asked Staff if the City would typically begin assessments when sewer and water is available. Dietz responded that most of Eden Prairie was done that way. When value is added to the property it is assessed. There is a legal process to challenge the assessments, which Mr. Ingram can use. The first $15,000 of assessment is for providing service to the homestead and could be levied with the initial assessment hearing. Because this situation has more to do with the development potential of the property, the City recommends deferment of all of the assessment. CITY COUNCIL NEN UTES November 16, 1999 Page 10 Rosow said the letter Ingram delivered is the first step in challenging the assessment. He suggested, for legal reasons, the assessment not be deferred. He recommended continuing this item to the next meeting, because there is a process the City follows when an assessment is challenged. Gray pointed out that the City has to certify the assessments to the County by the end of November. Rosow said, if it needs to be settled at this meeting, he would recommend it be assessed and not deferred. His understanding is that the eight-inch service was approved in return for Mr. Ingram granting the easement across his property. The assessment does not include the cost to run these services across the property. That cost is paid by the City. He assumed Mr. Ingram received a check in payment for the easement being granted. Thorfinnson said these two issues should be separated. One issue is the compensation for easements, and the other is that the property has an increased benefit because sewer and water is adjacent to the property. The letter does not include a date when the sewer line would be extended across the back of the property. If it is necessary to incorporate the extension of the line with other developments,it has to be delayed until then. Thorfinnson would like Mr. Ingram and Staff to meet and agree on a timeline by which Mr. Ingram could expect the City to get this done. The Council has a fiscal responsibility to the citizens of Eden Prairie and providing the service at the appropriate time for the least cost is proper. Rosow said there is now a threat of pending litigation. He suggested Council and Staff go into Closed Executive Session to discuss the matter further. Mayor Harris said they would listen to counsel in closed session and come back with a decision after hearing from Theresa Miller. Theresa Miller said she wrote a letter and asked that the assessment be deferred one to two years without interest for four reasons: (1) She has no sewer access because the system is pressurized. She could hook up to water service but it won't do any good without sewer service. (2) At the time sewer and water lines were run across her land, no sewer or water service was put into use. (3) She is not connecting out to the water until development of her land. She hasn't yet decided to sell. (4) She has no problem with her septic system and water so she is not thinking of connecting at this time. Because she is not going to be using the service, she asked the assessment be deferred without interest. Mayor Harris suggested that Council and Staff go into Closed Session as suggested by the City Attorney. MOTION: Thorfinnson moved, seconded by Butcher, to go into Closed Session. Motion carried 5-0. Council recessed at 8:50 p.m. The meeting resumed at 9:08 p.m. CITY COUNCIL NIINUTES November 16, 1999 Page 11 The second project is Fuller Road storm sewer improvements. Gray said a short section of storm sewer was extended on Fuller Road to allow for the development of property on the south end of the road, and there is also a portion on Birchwood Road. The City spent more money on paving to save the trees in front of the Birchwood properties. The third project is an assessment to Super Valu, which comes out of the City's agreement with Super Valu that they would pay a portion of signalization and an HOV lane at Valley View Road and Highway I-494. The fourth item includes all properties assessed for trunk sewer and water. Of this list, the City has received one assessment appeal from the owner of the Modern Tire building, which is being assessed a connection fee for sanitary sewer. In accordance with our ordinance, the City can assess connection fees. The amount depends on the size of the property. Gray recommended a three unit connection fee because of the size of this property. The owner's basic objection to the fee is his assertion that actions of the City have resulted in failure of the septic system and the need to connect. The City disagrees with that since the septic system is significantly undersized for the size of the facility. It has been used for more than 30 years and is probably overloaded and the cost to connect to the City sewer is likely less than the cost of constructing a new septic system. Charles Holmes, owner of Modern Tire at 9051 Flying Cloud Drive, said he agrees with the statement made about the septic system not being adequate for the building and the need for reconstruction. The problem that exists now began with the construction of Aztec Drive. As Highway 169 was improved, MnDOT ran a storm sewer pipe underneath the Modern Tire property. The storm water from Aztec Drive used to drain into the storm sewer. Mr. Holmes said it now drains onto his property about 20 feet from his septic system. Percolation tests showed the soil was saturated. The sewer system was not close to his property at that time, so he had to put in a lift station and get permission to cross another piece of property to connect, at a cost of $20,000. Because of the run-off from Aztec Drive,Mr. Holmes said the back two-thirds of his property could not be used. Gray responded that he didn't agree with all the technical details of the presentation by Mr. Holmes. He agreed there is some additional water on the property because of the run-off from Aztec Drive, but the other part is a very complex issue and probably cannot be resolved at this Council meeting. Mr. Holmes is either going to pay the assessment in the future or pay for reconstruction of his septic system now, and then in the future pay for a connection to the lateral sanitary sewer when that is available. Gray said there are two issues. One is about drainage concerns, and the other is the issue of connecting to the sanitary sewer. Mr. Holmes's property will be improved after connecting. In the future there will be an assessment for the lateral sanitary sewer benefit, and at that time development of his property could occur. Mr. Holmes said he can't develop the back two-thirds of his property because of the drainage problem, and he doesn't think the City should have the right to drain CITY COUNCIL MINUTES November 16, 1999 Page 12 the entire area onto his property without remuneration. Gray explained that improvements to Highway 169 and Aztec Drive were not City projects; they were MnDOT's. Dietz said the State of Minnesota, through Metropolitan Environmental Services, has a rule that when sewer becomes available, the property owner must connect within a two-year period. The City believes the right thing to do is to connect to City sewer, and the only way the City does this is through assessment. Case said because the Council represents the citizens of Eden Prairie, he asked that City staff work on solving the water drainage issue. Dietz said he has a proposed resolution of the Pioneer Trail appeal of Richard Ingram, after which Mr. Ingram can react to it. In exchange for Mr. Ingram withdrawing his appeal now, the City would warrant that it will install a sanitary sewer service in the light-rail corridor on or before December 31, 2001. The City would also defer the assessment, without interest, for a minimum of one year or maximum of two years. The deferral of the assessment would be determined according to which of those two years the City installs the service. If the service is provided in 2000, Ingram will have a one-year deferral without interest, and if provided in 2001 he will have a two-year deferral without interest, after which the deferred assessment will accrue interest. Mr. Ingram agreed to withdraw his appeal and accept the City's offer at which time he provided the Mayor with a signed handwritten note on a copy of his appeal stating that"I hereby withdraw this appeal." Dietz said in order to provide consistency in these two appeals, the City should provide the same offer to Mrs.Miller. Mrs. Miller agreed to the proposed solution. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 99-216 approving the 1999 Special Assessments. Motion carried 5-0. Thorfamson asked if it is understood the City will look at the water drainage problem on Mr. Holmes's property. Gray responded it has been looked at in the past. The property hasn't been developed to date because of a lack of utilities. Case pointed out that Mr. Holmes is receiving water from other properties he didn't expect to receive a couple of years ago. The Council represents Mr. Holmes and the City should look into it. Mayor Harris said she understood from what Al Gray said that there have been conversations about this over the years. She asked the Staff to take another look, but she didn't know if it is the City's responsibility to provide relief. Gray responded he would research this. He said there is a distinct possibility, at the time of MnDOT's development of Highway 169 and Aztec Drive, that MnDOT provided compensation for the right of way to property owners. Therefore, Mr. CITY COUNCIL MINUTES November 16, 1999 Page 13 Holmes's argument might be with MnDOT. When utilities are provided, the storm sewer will help to alleviate the situation. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION 1. SOLICITATION OF FAA SUPPORT FOR CHANGES TO MAC ORDINANCE 51 —This item was moved to beginning of the Agenda. XI. APPOINTMENTS MI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Proposed Outdoor Warming House&Skating Rink Hours Enger said even though Eden Prairie is a Plan B City, because of past practices Staff had become used to bringing this type of request for approval to the City Council. In the future, this would be an item that the Parks, Recreation and Natural Resources Commission could deal with and then go to the Program Board for approval. Lambert reported that the Parks, Recreation and Natural Resources Commission unanimously recommended approval of reduction in the hours of warming houses throughout the City, at its November 1, 1999 meeting. This should not have a major impact because the hours to be cut back have had very little use. If a significant number of requests are received by the City to add those hours back, the Commission would recommend adding them back. The new hours will be listed in the City's brochure and posted at warming houses. CITY COUNCIL NIINUTES November 16, 1999 Page 14 Tyra-Lukens said she has been working with teens, and a recurring theme is that there aren't places for them to go and be with their friends. When she saw the reduction of 56 hours per week among all the rinks, she was concerned. This time would not be when organized teams are using the rink, so not much time would be left for other skaters. She understood there is a problem obtaining sufficient staff for the warming houses. Tyra- Lukens referenced the information provided about usage at the various rinks, and noted that Staring Lake Park's rink and warming house was used much more than Prairie View Park's. Lambert replied that Staring Lake Park is used much more. However, from 9 a.m. until noon, when you would expect a lot of use, especially by non-organized skaters,the skaters are not using them. Lambert said they advertised all last winter for staffing of the warming houses and could not find people. It is hard to find part-time staff for two months of the year. By reducing the rink hours, the City could guarantee that the rink would be open during the posted rink hours and not closed due to there not being a rink attendant available. He said if Council disagrees with these proposed times for closing, the City would not close them. To close them at all goes against his philosophy of providing use. Tyra-Lukens said 1998-1999 season was not a very good winter for skating. Normally the numbers would be higher, but she assumed the numbers would still be consistent at the various rinks. It is more likely people would comment to the rink attendant about the new hours than make a phone call to the City. Lambert said he would ask rink attendants to let him know if they receive comments. MOTION: Case moved, seconded by Tyra-Lukens, to approve the recommended changes to warming house hours for the 1999-2000 skating season. Motion carried 5-0. Mayor Harris asked Tyra-Lukens if the teen group is also looking at other activities for youth in Eden Prairie. Tyra-Lukens said they are, and one of the sub-committees is looking into the possibility of a teen center. Mayor Harris said she was asked why Eden Prairie couldn't do something like the Hopkins Coffee House, which is run by teenagers. Tyra-Lukens said the person who developed that idea now works for the Eden Prairie school system. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR CITY COUNCIL MINUTES November 16, 1999 Page 15 G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XHI. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room H. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 9:50 p.m.