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City Council - 01/17/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 17, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young. CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Environmental Coordinator Leslie Stovring, and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. Tyra-Lukens read the Proclamation and Manifesto. Larry Piumbroeck, Chair of the Human Rights and Diversity Commission, overviewed City's Human Rights Award and the Dr. Jean L. Harris Youth Scholarship Award process. The Human Rights Award is given to up to three recipients: an individual, a business, and a non-profit, each of which displays an inclusive spirit. Nominations are welcomed and close March 31. The Dr. Jean L. Harris Youth Scholarship Award is given to up to two recipients and carries a one-time $1000 award. Students who live in Eden Prairie and attend any school, public or private, are eligible. The award recognizes exceptional community service and embodiment of the principles of the Eden Prairie Manifesto. The award information is being distributed to counselors at schools. A new brochure has also been created to give information about the scholarship and encourage donations. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an item under City Manager's Report. Item VIII.G. is being pulled from the agenda. There is a change to Item VII.H. Case added an item under Reports of Councilmembers. CITY COUNCIL MINUTES January 17, 2006 Page 2 MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN PODIUM HELD TUESDAY,JANUARY 3, 2006 MOTION: Young moved, seconded by Case, to approve the Open Podium minutes as published. Motion carried 4-0 with Aho abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 3, 2006 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MCCALL BLUFF AMENDMENT by McCall Construction Company. Second Reading of Ordinance No. 1-2006 for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. Location: 9997 Dell Road. (Ordinance for PUD-1-2006 District Review with waivers and Zoning District Amendment) C. APPROVE 2006 COUNCIL TRAVEL PLAN D. ACCEPT PROPOSAL FROM STEVENS ENGINEERS FOR PROFESSIONAL SERVICES FOR COMMUNITY CENTER ICE SYSTEM REPAIRS AND IMPROVEMENTS E. APPROVE CONTRACT FOR SERVICES WITH U.S. AQUATICS FOR FEASIBILITY STUDY FOR EXPANSION OF THE COMMUNITY CENTER WADING POOL F. APPROVE AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT FOR CDBG SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND THE CITY OF MINNETONKA G. ADOPT RESOLUTION NO. 2006-14 EXTENDING CONDITIONAL USE PERMIT WITH HENNPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN MAPPING H. AWARD CONTRACT FOR 2006 WELL REHABILITATION PROGRAM TO BERGERSON-CASWELL, I.C. 06-5665 CITY COUNCIL MINUTES January 17, 2006 Page 3 I. RECEIVE THE 2005 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE J. ADOPT RESOLUTION NO. 2006-15 AMENDING RESOLUTION NO. 2006-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION K. AUTHORIZE THE CITY MANAGER TO EXECUTE A SCHOLARSHIP AGREEMENT WITH THE EDEN PRAIRIE FOUNDATION Aho pulled item E for discussion. There has been a lot of discussion about pools at the Community Center, and the recent referendum seems to indicate residents do not support a change in the pools there. Tyra-Lukens said the improvements to the Community Center are not set in stone by the referendum and there can be changes. Lambert noted during the discussion of the referendum, there were three projects that could have been included or not: the ice rink, an indoor play area, and a wading pool. The third rink remains a standing offer to the Hockey Association if funding can be found. The play area and wading pool were slated as potential revenue bond projects. If the Council passes this item, Parks would do a feasibility study to see whether construction and operation of a wading pool could be self-supporting. The City would do a similar in-house feasibility study on the indoor play area concept. Tyra-Lukens and Aho agreed this is not a Consent Calendar item and needs some discussion. Young asked Lambert to explain how revenue bonds would work. Lambert explained the City would borrow funds for construction, which would be paid off through user fees. Few projects fit this model but these two have promise. The vote would authorize a$4500 feasibility study to determine the cost and revenue streams and see if the idea is workable. Young confirmed the intention is not to raise taxes to pay for either project. MOTION: Young moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. EDEN VIEW ESTATES by Insignia Development, LLC. Request for: Planned Unit Development Concept Review on 8.00 acres; Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District on 8.00 acres; and Preliminary Plat on 8.00 acres into two lots and one outlot. Location: 17650 Flying Cloud Drive. (Resolution No. 2006-16 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2006-17 for Preliminary Plat) CITY COUNCIL MINUTES January 17, 2006 Page 4 Neal said approval of the subdivision and the granting of the waivers will protect approximately 60% of the land. The land dedicated to the city will be cleared of all structures and restored with native prairie grasses. This limits the number of homes on the bluff, reducing the visual impact and saving trees and slopes from impact in the future. This approach to limited land development with waivers in exchange for dedication of land is similar to the McCall Bluff and Grootwassink projects to the east. Turnbull Road, a private road owned by John Turnbull, has been acquired by the developer and is shown as dedicated right of way on the preliminary plat. The final plat shall include a 20-foot wide drainage utility easement across the north side of both lots and along Dell Road. A tree replacement plan for 95.78 inches is required and will be part of the developer agreement. The Planning Commission voted 8-0 to recommend approval of the project to the City Council at the November 14, 2005, meeting. There were no comments from the public. Case noted this is the historic Marshall farm site and should be photo documented. The site also features an unusual two- story chicken coop. MOTION: Aho moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-16 for Planned Unit Development Concept Review on 8.00 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 8.00 acres; adopt Resolution No. 2006-17 for Preliminary Plat on 8.00 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. B. AGING JOYFULLY by Ken and Joy Hansen. Request for: Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.61 acres; Planned Unit Development District Review with waivers and Zoning District Change from Office to RM-6.5 on 1.61 acres. Location: 13050 Pioneer Trail. (Resolution No. 2006-18 for Guide Plan Change; Ordinance for PUD District Review with waivers and Zoning District Change) Neal said this project is a 9-unit home care setting for up to 10 elderly men or women who are unable to remain independent due to dementia or other age related disabilities. The existing use is office. The building is one story and residential in character. The building will be remodeled on the interior. No exterior changes are proposed. The Planning Commission voted 5-0 to recommend approval of the project to the City Council at its December 12, 2005 meeting. There were no comments from the public. Case noted the project is in line with the desires of Senior Task Force for varied housing options. CITY COUNCIL MINUTES January 17, 2006 Page 5 MOTION: Butcher moved, seconded by Case, to close the Public Hearing; adopt Resolution No. 2006-18 for Guide Plan Change from Low Density Residential to Medium Density Residential on 1.61 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Office to RM-6.5 on 1.61 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. DOYLE ADDITION by Dennis Doyle. Request for: Planned Unit Development Concept Review on 12.1 acres; Planned Unit Development District Review with waivers and Zoning District Amendment within the Rural District on 12.1 acres; Preliminary Plat on 12.1 acres. Location: 9980 Dell Road & 17950 Flying Cloud Drive. (Resolution No. 2006-19 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2006-20 for Preliminary Plat) Neal said this project is a subdivision of land into two lots and one outlot in the Rural Zoning District. The approval of the subdivision and the granting of the waivers will protect approximately 50% of the land, and will not result in any additional house sites. The dedication of a trail easement over Outlot A will allow the City to construct a future trail along that portion of Riley Creek. This limits the number of homes on the bluff,reducing the visual impact and saving trees and slopes from impact in the future. This approach to limited land development with waivers in exchange for protection of natural resources is similar to the Eden View Estates, McCall Bluff and Grootwassink projects to the east. The final plat shall include an additional 17 feet of right of way for future Dell Road improvements. As part of the construction of the new house, the developer needs to connect to city sewer and water. A tree replacement plan for 20 caliper inches is required and will be part of the developer agreement. The wetland delineation was conducted in November 2005,but has not been finalized and is incomplete. However, to allow winter construction of the new home, the proposed location for the home construction was evaluated for the presence of wetlands on January 4, 2006 with no wetlands found. The Planning Commission voted 5-0 to recommend approval of the project to the City Council at the December 12, 2005 meeting. Jeremiah characterized the project as a win-win that protects the environment and permit future road and trail development. Craig Patterson spoke on behalf of the Doyle family in support of the project, noting over 350 substantial trees will be preserved on the slope. Case recalled Dick Anderson's devotion to bluff preservation and said while this is not zero development, he believed Anderson would have been pleased. CITY COUNCIL MINUTES January 17, 2006 Page 6 MOTION: Case moved, seconded by Butcher, to close the Public Hearing; adopt Resolution No. 2006-19 for Planned Unit Development Concept Review on 12.1 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Rural District on 12.1 acres; adopt Resolution No. 2006-20 for Preliminary Plat on 12.1 acres into two lots and one outlot; approve the limited Wetland Delineation Review for the area encompassed by the existing driveway and proposed home construction, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. D. VACATION OF DRAINAGE AND UTILITY EASEMENT IN OUTLOT L, EAGLE RIDGE AT HENNEPIN VILLAGE FOUR, VACATION 05-05 (Resolution No. 2006-21) Neal said the Property Owner has requested the vacation of the drainage and utility easement to eliminate the possible encumbrance or overlap of easements over property being replatted as Eagle Crest at Hennepin Village. This is a housekeeping item. There were no comments from the public. MOTION: Young moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2006-21 vacating the Drainage and Utility Easement in Outlot L, Eagle Ridge at Hennepin Village Four. Motion carried 5-0. E. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT Neal said the Stormwater Management and Erosion Control Ordinance is being updated as part of the City's Phase 11 National Pollutant Discharge Elimination System(NPDES)permit program. City Code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency (MPCA) has instituted for issuance of a Stormwater Permit through the State's permitting authority. As part of this revision, the tree protection and mining requirements have also been updated. Stovring presented highlights of the changes, which were required by the Federal Clean Water Act. The most significant change is that the City must conduct long- term monitoring and maintenance of stormwater facilities. Plans call for the City to inspect all stormwater facilities,regardless of ownership, every five years. There could be issues of paying for maintenance if private property owners are not able to maintain them. Other changes include exemptions from a land alteration permit for small projects and some single-family homes. A building permit will be sufficient, although the developer must still maintain a clean site. The City Engineer can also approve small projects to speed the approval process. Replacement trees must be pre-approved in writing by City. There have also been CITY COUNCIL MINUTES January 17, 2006 Page 7 changes to permissible Saturday construction hours (9 a.m. to 7 p.m.) as well as other minor construction-related changes. These changes reflect current City practices; the ordinance is being updated to support them. The ordinance also requires developers to look at rainwater gardens as an alternative. Tyra-Lukens asked if the stormwater monitoring would include nerve ponds. Would the City then need to assess neighbors for their maintenance? Stovring said the payer would depend on the ownership, whether City—owned, private, association-owned, or an easement. The monitoring requirement applies to all stormwater facilities, including nerve ponds, inlets, outlets, channels, pumps, and rainwater gardens. Dietz said few individual residences would be responsible for this kind of maintenance. The most likely owners would be the City, some industrial sites, and apartment/townhome complexes. Stovring said the City is inventorying stormwater facilities now and would review them each five years. She confirmed not many are privately owned but there are a few. Aho asked whether these changes increase the City's liability. Stovring said the City is required to pay for maintenance if the owner is unable to. Dietz said the biggest issue would likely be systems required to remove substances from water before discharging it. The current stormwater system is funded through a surcharge on the water bills. This might need to be raised. The current fee is low at$3.50, compared to $6.00 - $8.00 in surrounding cities. Stovring said the findings of the MPCA case would tell the City more about the potential financial impact of these changes. Eden Prairie is one of 30 cities impacted the most. MOTION: Aho moved, seconded by Case, to close the public hearing; and approve first reading of an Ordinance amending City Code Section 11.55 relating to Land Alteration, Tree Preservation and Stormwater Management. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. BRYANT LAKE SKI TEAM REQUEST FOR SUBMERSIBLE SLALOM COURSE Neal said the Parks, Recreation and Natural Resources Commission recommends the City Council support a one-year permit subject to the rules of the Hennepin CITY COUNCIL MINUTES January 17, 2006 Page 8 County Water Patrol. The Commission believed Three Rivers Park District should really be the agency making a decision on the location of the course in regards to safety at the public access or its impact on recreational use of the lake by the public. The Three Rivers Park District has concerns about the proposed location of the course due to its proximity to the public boat access. The process gives them the right to approve or deny this use. The Hennepin County Water Patrol also has eight conditions that must be met prior to approval of a permit. There are no approved permits for any submersible courses within Hennepin County at this time;however, there are probably 30-40 submersible courses in Hennepin County lakes, most of which have been abandoned or are operating illegally without a permit. Lambert noted the Parks and Recreation Commission had discussed this issue at three separate meetings. All parties agree water skiing is a great recreational activity if it can be conducted safely. The three conditions stipulated by the Parks Commission are that there are no safety issues, that there are no negative environmental impacts (requiring a 15 to 20-foot depth) and no negative impact on other recreational users. Lambert said most fishermen use the shoreline so impacts would be reduced. The Parks Commission felt comfortable supporting the project if the Water Patrol's eight conditions were met. Case noted Council is being asked for a voice of approval and asked for details on the course. Aho explained the course would be hidden under water at a depth that would prevent interference with other boats. The only impact would be when the course is actually in use. Use would only occur at low-traffic times because waves generated by boat traffic preclude slalom skiing. Case asked why Lake Minnetonka prohibits submersible courses. Aho explained portable courses are allowed there,but putting up and taking down such a course requires 45-60 minutes. Lake Minnetonka has many arcane rules and this is just one of them. There is a list of about 20 lakes with submersible courses in the packet. Tyra- Lukens asked whether these were unapproved courses. Aho noted some of the courses are not in Hennepin County and are approved. Tyra-Lukens asked how long it takes to put a submersible course up and down. Aho said about five minutes. Typically buoys are inflated and deflated to raise the course, which is weighted. Aho said if the course were not in use, no one would know it was there. Young asked the size of the course compared to the size of the lake. Would boats be able to use the lake when it is up? Aho said the course is six buoys and a central lane, with little visual impact. Tyra-Lukens asked if a temporary course is being used in the same location currently. Aho said those move with the wind. This permanent location was chosen because it is sheltered and out of the way. Case noted some of the lakes listed as having courses are quite large compared to Bryant. He asked for clarification on how others could use the lake when the CITY COUNCIL MINUTES January 17, 2006 Page 9 course is up. He assumed the northern third of the lake would be off limits. Aho said if a boat crossed through the course they would stop using it for a few minutes. Several users might be lined up waiting a turn. Young asked how the Three Rivers Parks District would view the Council's action. Lambert explained the approval process requires a series of check-offs, any of which can kill the project. If the City approves it, it goes to the adjacent property owners (including the Three Rivers Parks District) for written consent. If any property owner refuses the project cannot go forward. Right now Three Rivers opposes the project because it is only 300 feet from the boat launch. The Water Patrol also said it would not approve this location. Lambert said it makes more sense to let them handle it rather than for the City to do a lot of research. Young asked what recourse the City had to undo tonight's approval,if made. Lambert said this is only a one-year permit, and the Water Patrol can withdraw it at any time. The City could also add a condition that the approval process return to the City in one year, or annually. Property owners also need to give written approval each year. Tyra-Lukens asked if the City were approving this site in particular. Lambert said no; the site has to meet the Water Patrol's conditions. Butcher said it appears from a petition that lakeshore owners favor the course. She was agreeable to passing the motion, since there is a time limit and there are still more levels of screening. Tyra-Lukens agreed and noted other parks resources are sometimes heavily used by one group at certain times. Case also agreed, saying the property owners' veto power offers security. It is important to respect the investment of all the lakeshore owners. Members of the public asked if the Council would hear public comment against the course. Tyra-Lukens expressed reservations that no public hearing was scheduled, and that proponents of the course were not notified,but agreed to hear comments. Resident Laura Bluml of 10540 West Riverview Dr. said the notifications had not indicated the course would be a permanent structure, or that the ski team was a private organization. She said there should have been wider notice. She only learned about the course in the paper and missed all the parks meetings because there was no notice. She questioned the lack of opposition to the project, noting letters included in the packet. Bluml presented 30 signatures opposing the course that she had collected walking in various neighborhoods, some near Bryant Lake. She asserted private groups should not make permanent changes to public properties. Tyra-Lukens asked what notification had been done. Lambert said there were no public hearings. The City did notify lakeshore property owners. There were quite a few comments at the meetings, running about 50% for and 50% against at the first meeting. Some emails are included in the packet. Those opposed to the CITY COUNCIL MINUTES January 17, 2006 Page 10 course fall into two groups: fishermen, and people philosophically opposed to exclusive private use of public property. Frank Murray of Plymouth, Minnesota said he fishes the lake about three times a week and has for years. The lake is very small, less than 170 acres. The ski course is the length of two football fields not including the approach. The early a.m. "calm" hours are prime for fishing as well as water skiing. Anyone trolling could easily snag on the course. Though lakeshore owners were consulted, public access users had little input. Water skiers would be pre-empting part of the lake; currently only the swimming area does that. Fishermen are a bigger user group than water skiers. The north end is very narrow. He invited Council to look at the map. Resident Kevin Bluml, of 10540 West Riverview Drive, expressed concerns that Aho seems involved with the course. Courses are not approved because the public prefers its lake stay public. He alleged the ski team has already put the course without a permit. There are 42 owners around the lake and all should be consulted, not just the 15 on the north end. The location blocks navigation. Bluml said City ordinance prohibits structures less than 100 feet or more than 200 feet from the shoreline, and this course would be in violation of that. Lakeshore owners do not own the lake because they live there. Bluml said a similar attempt 12 years ago was defeated unanimously. Jerry Jetson from South Bloomington said the lake is too small for the course. There could be injuries. He suggested postponing the motion. Aho clarified he does water ski on the lake but is not a formal member of the team. Being a lake user does not create a conflict of interest any more than being a park user. Neal said Aho had not contacted Staff in any way regarding the course and Staff had not been influenced by his participation. Resident John Mallo of 14000 Forest Hills Road said there would always be battles between anglers and water skiers. They both want to use the lake at the same calm times. Resident Joseph Docter of 7032 Willow Creek Drive spoke representing the Bryant Lake Ski Team. The organization is new and membership is very open. Bryant Lake is the most popular skiing lake in the City due to its narrowness and shelter from the wind, and has been used for skiing for 40-50 years. Docter reiterated the course would be unusable if lots of other boats were using the lake. In addition, the submersible course would only be visible during actual use. Portable courses can be put in at sunrise and left up all day. Docter said he had visited each homeowner and only one opposed the course. The ski team is in discussion with the Three Rivers Parks District about the location. He expressed discomfort that he was not prepared for a public hearing at tonight's meeting. CITY COUNCIL MINUTES January 17, 2006 Page 11 Butcher asked if ski team membership was open. Docter said yes and there are no dues. The group consists of 23 families who have skied on the lake over a number of years and will keep skiing there whether or not a course is installed. Docter said the course is unlikely to change the frequency of skiing. Case asked if the Council could call a public hearing at its discretion. Rosow said yes. Case said he was willing vote tonight,but sending the issue back to the Parks Commission for a public hearing could be an option. Aho said the Parks Commission has already had a lot of discussion on the issue and received public input. He noted this is a conditional permit with many hurdles to overcome, and can be pulled if needed. The project is low risk. Butcher said she was comfortable voting tonight. There are more ways than a public hearing to collect input, and the Parks Commission did its job. Young said he was not so much concerned with this motion as the issue of notification in general. The notification issue also arose this summer regarding the gravel operation. Council needs to have a discussion on when to go beyond the customary notice. Young also said the City needs to get a role in the approval or re-approval of the course going forward. Tyra-Lukens asked for clarification on the process. Lambert said the Water Patrol has eight conditions, one of which is getting written consent of the property owners. Three Rivers is one of those owners. Tyra-Lukens asked for confirmation Three Rivers could singe-handedly defeat the project, and Lambert said yes. Tyra-Lukens asked if the Water Patrol process includes a public hearing. Lambert said no, though a public meeting is probable. The Water Patrol will try to accommodate the Council's wishes and will be glad to put any conditions in. Case asked if the property owners' decision is majority rule, and Lambert said no, any adjacent property owner could kill the project. Since the lake is narrow, the Water Patrol is requiring owners on both sides of the lake along the 900-foot course length to approve the course. MOTION: Case moved, seconded by Young, to amend the motion to include the condition that the permit stipulate the course must come back before the Parks Commission for a public hearing and to the City Council for a vote, in one year's time. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher, to approve the request by the Bryant Lake Ski Team for the submersible slalom ski course for one year, subject to the requirements of the Hennepin County Water Patrol. Motion carried 5-0. Councilmember Butcher left the meeting after the vote. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES January 17, 2006 Page 12 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Third Sheet of Ice—Councilmember Case This item and the City Manager's Report were discussed after the MCA Report. Case called for a third sheet of ice to be a priority. The issue has been discussed for seven years. Eden Prairie is the only city in the top ten with only two rinks. In addition, the City now has a scaled-down proposal for a roofed rink, which will cost only $1.9 million instead of 3-4 million. With the Hockey Association willing to contribute $500,000 in cash and to contract for 1100 hours of prime ice time to fund a $1million revenue bond, the City would be able to leverage a $500,000 investment for a very nice amenity. Case proposed directing Lambert to bring back a report on what tradeoffs would be necessary to make the rink happen. Tyra-Lukens, Aho, and Young assented. B. REPORT OF CITY MANAGER Neal reported he would be giving the "State of the City" address on Thursday. A new program on Eden Prairie history joins previous programs on Eden Prairie business and environment. The history program will air at 10:30 a.m., 4 p.m. and 9:00 p.m. daily through January. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Report Jeremiah gave a presentation outlining the study process, recent adjustments to the Major Center Area report, and next steps. The study is a cohesive 25-year plan for land use in the 1200 acres surrounding the 494/212/Rt 5 interchange and is available online. The process used a consultant; a 14-member task force consisting of residents, developers, and business owners; a large technical advisory commission; two Open Houses, which drew 170 attendees; consultations with the Chamber of Commerce, Planning Commission, and Parks Commission, and numerous meetings with individual property owners and businesses to develop the report. CITY COUNCIL MINUTES January 17, 2006 Page 13 Key drivers for doing the study included ongoing concerns about wayfinding, growth impacts of regional and local development and redevelopment, and the mandated Comprehensive Plan update due this year. There have been some minor recent adjustments. Dual shading on some areas of the map has been added to convey the City is not actively seeking to change the character or zoning of an area,but is open to other uses. These changes addressed business owners' concerns, namely those expressed by the Carpenters and General Growth. The residential area southwest of the mall has been changed to reflect the low-rise housing that is currently there. The Open Houses and business and resident surveys all indicate strong support for a compact, walkable "town center" area, which is included on the map. Businesses also show strong support for better traffic flow through the area. The connection between West 78"' St. and Singletree Lane has thus become a higher priority in the near term(in the next zero to 7 years). No funding source has been identified but feasibility and talks with property owners will begin right away. Adtech also raised concerns over the lack of clarity—it was not clear to them office use is permitted under"community retail." Jeremiah said the language should change to make the planning principles consistent with the zoning. Jeremiah characterized the study report as a "small plane" view of the area, not necessarily the details of each parcel. There will be more flexibility in the peripheral areas and more proscriptive treatment in the Town Center area. The City does not intend to be proactive and jumpstart proposals,but to wait for private proposals to be brought. Looking at the effects on individual parcels, doing feasibility studies, and assessing private sector interest are the next steps. For example, there is not much detail in the report on housing beyond the density and height. Much more detail needs to be added regarding housing type (rental, condo, family, senior). Details of traffic analysis are being reviewed by City Staff. Next steps include the formation of a wayfinding committee. More input is needed on the wayfinding recommendations of the report, which have not been reviewed by enough people. There will be a re-naming issue when the signalized portion of Highway 212 returns to the County, and the committee can help choose that number and the signage. The committee can also discuss sub-areas for wayfinding and sign types and placement, as well as funding sources and partnerships with the business community. The other next step is addressing the Singletree-West 78"' Street project and other transportation issues, such as the mall ring road. The Comprehensive Plan update is also scheduled. Jeremiah introduced the lead consultant, Terry Warner, for any questions. Young asked for clarification about the study's uses, and what it means to be an "advisory tool." Jeremiah said developers often want information CITY COUNCIL MINUTES January 17, 2006 Page 14 about possible zoning changes. The study, and updates on feasibility studies as they are completed, would be made available to developers as a glimpse of where the City is probably heading if the concepts are feasible and generate positive response. Developers would be told the Council has adopted the study as advisory. Young asked when the Council would re- enter the process. Jeremiah said there would be numerous interim steps before a public hearing, including the Comprehensive Plan process, a series of Planning Commission Workshops, and meetings with focus groups. If the report is approved, Jeremiah expected to come back with information on the Wayfinding Committee in a month. There would be the opportunity for ongoing updates in Council Workshops as well as the need to come back regarding funding. Young asked if funding would be addressed in feasibility studies, and Jeremiah said yes, particularly if there is any public involvement. Specifics of what tools would be used for what project would be included. Young asked the length of the feasibility analysis process. Jeremiah expected the Town Center feasibility study to be complete in six months. There is already developer interest in doing pieces of the project. The wayfinding committee is slated for four meetings. Some parties want to move quickly. Jeremiah expected the wayfinding feasibility study to be done this year or early next year. Young asked about the cost of feasibility studies. Jeremiah said she had not received proposals but expected costs of$10,000+ to look at different aspects. There are designated MCA monies not yet spent. The costs would be brought before Council. Nancy Littwin, General Manager of the General Growth mall property located at 8251 Flying Cloud Drive, agreed with the overall direction of the study report. The Singletree Lane—West 78"' St alignment,however, causes concern. The mall would need to close its most heavily used access off Highway 212. Impacts on other mall entrances and the one- way mall ring road are also concerns. Littwin called for wayfinding to return as the top priority. If the core area is to be a regional draw, people who don't live in Eden Prairie need to be able to find it. Littwin stated the mall has lost shoppers over this issue. Temporary signage might be an immediate solution. Jeremiah said the City would continue to work with General Growth and other owners. Congestion and stacking are already present and will need to be addressed. MOTION: Young moved, seconded by Case, to approve the Major Center Area Study Draft Final Report as an advisory tool subject to the following conditions: CITY COUNCIL MINUTES January 17, 2006 Page 15 A. Complete more detailed feasibility analyses for the Town Center area including a market study, physical redevelopment study and financial feasibility analysis. B. Consider alternative land uses outside of the Town Center area provided the traffic,pedestrian, aesthetic and other impacts are within the study parameters. C. Include more detail relative to housing types and affordability prior to potential adoption of the study into the Comprehensive Plan (which requires a future public hearing). D. Modify the draft final report to incorporate the recommendations of the final traffic analysis. E. Work with adjacent property owners in the vicinity of near-term transportation recommendations to solicit additional feedback prior to detailed construction level design work and funding considerations. F. Work with interested residents and business property owners/representatives to provide detailed comments on the wayfinding recommendations and funding considerations prior to implementation. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Prioritizing Park Land Acquisition Needs Lambert said the Parks Commission had completed the work of prioritizing parcels for acquisition. The Commission decided to only address parcels currently for sale. With public input, the Commission decided to make the Picha property adjacent to Birch Island Woods the#1 priority and the Jackson property on Lake Riley the#2 priority. The motion authorizes Staff to negotiate for both. Young recalled having prioritized 12-13 properties as a Council. Lambert said Council approved a list but did not prioritize it. Young noted the City had passed on the Jackson property very recently and wondered why it was looking at the parcel again. Lambert confirmed the Council denied his last request to negotiate, which was triggered when the price dropped from$400,000 to $339,000. Since then, the parks referendum passed, dedicating $800,000 for parkland, and the property has come back on the market. The site is within the boundaries of Riley Park and Lambert said he would still recommend the City acquire it. Young asked where the money for Jackson would come from if the City purchased Picha. Lambert said park dedication fees could be used. Some projects that were planned for park dedication fees will now be funded by the referendum so there is some flexibility. The City has $5 million on hand and an additional $1 to 2 million is projected for the next five years. All the money is dedicated to something in the CIP but adjustments could be made. Young asked CITY COUNCIL MINUTES January 17, 2006 Page 16 what would be lost—the third sheet of ice? Lambert said the decision would be up to the Council. Young said he supported the acquisition of the Picha property but not the Jackson property and would suggest splitting the motion. Aho agreed. The cost of the Jackson property doesn't justify killing other projects. Aho favored Picha but questioned whether the cost per acre was consistent with land values. Lambert said the cost would like come down a bit but remain in that range. Land costs are based on what a developer thinks he an make off the land based on the type of development, the availability of water and sewer, the road situation, etc. As part of the negotiation process, Lambert would talk to the assessor, the planner, and a couple of developers to determine what could be done with the land. Council could use this information to help decide whether the price is fair or not. Aho asked whether any offer from Friends of the Birch Island Woods is still on the table. Lambert said he was not certain,but a memo from the group indicated the matching grant they had pursued had fallen through. There is a chance the group could do more fundraising but the City should probably assume it would have to pay for it all. Case said he was comfortable splitting the motion. He supported purchasing the Picha property. There is sticker shock but that is the reality of land cost now. The City should conduct due diligence on the price. Case noted the Picha family gave land for the road and has been generous in the past. Case also supported negotiating for the Jackson property. Even if the price is too high, the City might be able to protect its interestspreventing the merger of the two lots and the construction of a large home that might impact the boat launch—in other ways. The City might be able to pick up just one of the properties, or arrange a life estate arrangement on the Shuldheiss property. Case favored having Lambert look at alternatives. Young cautioned he would be a hard sell on the Jackson property, but agreed to have Lambert present alternatives for the Jackson property within the context of total parks spending, outlining the give and take required. MOTION: Young moved, seconded by Aho, to authorize staff to negotiate for the acquisition of the Picha property and to prioritize the Picha property as the highest priority site. Motion carried 4-0. 2. Baseball Field Improvements at Round Lake Park Lambert said the Baseball Association wanted to light the field near the Community Center in order to gain more playing hours. The cost for the upgrade, including lights, dugouts and fencing was projected at $190,000, with the Association willing to pick up half. As discussions with the CITY COUNCIL MINUTES January 17, 2006 Page 17 Community Center architect have gone forward, however, it makes more sense to change the location of the field. Rather than have additional Community Center parking near Route 4 and the field near the Community Center, it would make more sense to swap them. This would add about$100,000 to the cost. To maximize playing time, the new field could be graded and sodded late this summer and fall, and the old field could be kept until next June for high school play before being turned into a parking lot. Lambert said the process would need to move quickly to accommodate this plan. Neighbors have already been notified of the lighted field. Aho asked if the field could shift north to minimize parking impacts. Lambert said no. The field will require a high fence and/or netting even where it is now. MOTION: Case moved, seconded by Aho, to authorize staff to include the relocation of the baseball field to the east side of Round Lake Park in the vicinity of Softball Field#5 and plan for the parking lot expansion adjacent to the expanded Community Center in the vicinity of what is now the baseball field; and to authorize planning for lighting the baseball field and providing other amenities such as dugouts, side fences, and a significantly larger backstop at an estimated cost of$190,000; and that the Eden Prairie Baseball Association will share in the cost of those improvements to a commitment of fifty-percent of the improvement cost. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Mendota Golf vs. City of Mendota Heights Rosow reviewed this case and its applicability to the Bent Creek golf course situation. Mendota Golf owned a 17.5-acre course, which was zoned residential despite always being a golf course in the guide plan, and used as a golf course since 1960. The owner bought the course in 1995 just before a change in the law. At that time, zoning trumped the comprehensive plan; today, it is the other way around. The court ordered the City to grant the development request,but was reversed on appeal. After looking at the record and historical documents that were attached after the hearing, the Court found the City Council acted on a rational CITY COUNCIL MINUTES January 17, 2006 Page 18 basis. However, the Court also required the City to reconcile its zoning and its comprehensive plan. The property owner has not attempted a "taking" case but could still pursue that avenue. Rosow characterized the ruling as favorable for the City. It shows that comprehensive plans can withstand a legal challenge. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5- 0. The meeting adjourned at 9:55 p.m.