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HomeMy WebLinkAboutCity Council - 07/11/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 11, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCHT MEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfmnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly,and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra- Lukens added item XI. A. 1. B.F.I. Community Clean-Up. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. JUNE 20. 1995 MOTION: Case moved, seconded by Thorfmnson, to approve the minutes of the June 20, 1995, Council meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF RECOMMENDATION TO RELOCATE ARCHERY RANGE C. AUTHORIZE MARKETCENTER STREET LIGHTING SERVICE WITH NORTHERN STATES POWER COMPANY CITY COUNCIL MINUTES July 11, 1995 Page 2 D. RESOLUTION 95-125 APPROVING FINAL PLAT FOR BELL OAKS EIGHTH ADDITION LOCATED AT THE NORTHWEST CORNER OF RIVERVIEW ROAD AND GANTRY ROAD E. APPROVE REMOVAL OF WAC/SAC CHARGES FOR RESURRECTION LIFE CHURCH AT 16397 GLORY LANE F. RESOLUTION 95-126 AUTHORIZING THE CITY'S PARTICIPATION IN 1995 MINNESOTA CITIES PARTICIPATION PROGRAM (MCPP) G. RESOLUTION 95-127 CORRECTING LEGAL DESCRIPTION CONTAINED IN RESOLUTION NO. 94-189, ADOPTED NOVEMBER 15, 1994, THAT VACATED A PORTION OF TECHNOLOGY DRIVE IN SECTION 16 H. AUTHORIZE CITY ENGINEER TO PREPARE AN UPDATE OF THE CITY'S TRANSPORTATION PLAN Regarding item B, Pidcock said she thought there should be a study group or at least an opportunity for citizen input before a decision is made to relocate the archery range. Lambert said there is no organized archery group in town, and the current location is not safe. He said they did look at each of the City park sites to locate alternative locations and the proposed location appears to be the safest one. Case suggested that the range should be relocated for now, but the issue of whether to provide an archery range in the City would be a good topic for a future Council agenda. Pidcock asked why the charges for SAC are being removed in item E. Dietz said the original use of the property was as the Legion Club, so the computation of units was considerably higher than if it had been computed for a church. As a result the amount of special assessments that have been paid so far is more than what would have been paid for church property. For item H, Pidcock asked that Southwest Metro be included in meetings to prepare the City transportation plan. Dietz agreed. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve items A H on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION by 169 Anderson Lakes Corporation. Request for PUD Concept Amendment on 17.0 acres, PUD District Review on 12.4 acres and Preliminary Plat on 12.4 acres into 3 outlots and road right-of-way. Location: Anderson Lakes Parkway and Aztec Drive. (Ordinance 25-95-PUD-12-95 for PUD District Review, Resolution 95-128 for PUD Concept Amendment and Resolution 95-129 for Preliminary Plat) CITY COUNCIL MM UTES July 11, 1995 Page 3 Enger said this is a housekeeping item to allow all of Aztec Drive to become City property. The Planning Commission reviewed the item at their June 12, 1995, meeting and recommended approval on a unanimous vote. The Parks, Recreation & Natural Resources Commission did not review the project. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of Ordinance 25-95-PUD-12-95 for PUD District Review; to adopt Resolution 95-128 for PUD Concept Amendment;to adopt Resolution 95-129 approving the Preliminary Plat; and to direct Staff to prepare a supplement to the Development Agreement for this property incorporating Commission and Staff recommendations. Motion carried unanimously. B. MAIL HANDLING SERVICES,INC.by CS&M Company. Request for Site Plan Review on 9.66 acres and Preliminary Plat on 9.66 acres into 1 lot for construction of a 61,000 square foot addition. Location: 7550 Corporate Way. (Resolution 95- 130 for Preliminary Plat) Enger said the Board of Appeals will review the variance required for the project at their meeting on Thursday evening. Franzen said the Planning Commission reviewed the project at their June 12, 1995, meeting and recommended approval on a unanimous vote. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-130 approving the Preliminary Plat. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfmnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VH1. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. PLANNING COMMISSION - Appointment of a member to the Planning Commission to fill an unexpired term through 2/28/96 CITY COUNCIL MINUTES July 11, 1995 Page 4 Thorfmnson nominated Doug Sandstad. Pidcock nominated Sherry Bentley. MOTION: Case moved, seconded by Thorfinnson, to close the nominations. Motion carried unanimously. VOTE#1 ON THE APPOINTMENT: Case, Thorfnsnson Tyra-Lukens voted for Sandstad. Pidcock and Harris voted for Bentley. Dawson said he believed the ordinance requires a unanimous vote for anyone who has served two full terms on a commission. He noted that this term is for the seven months remaining on the appointment. Harris asked City Attorney Pauly to research the ordinance. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to table the decision while the City Attorney researched the ordinance. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. B.F.I. Community Clean-Up Tyra-Lukens said the B.F.I. community drop-off day on June loth was extremely successful, and she extended thanks on behalf of the Council to the current and former members of the Waste Management Commission who planned and directed the event. X. APPOINTMENTS A. PLANNING COMIVIISSION - Appointment of a member to the Planning Commission to fill an unexpired term through 2/28/96 MOTION: Thorfinnson moved, seconded by Case, to bring back this item for a vote. Motion carried unanimously. Pauly said the Code states that the appointment of anyone who has served more than two consecutive terms on a commission requires a unanimous vote of the Council. VOTE #2 ON THE APPOINTMENT: Case, Harris, Thorfinnson and Tyra- Lukens voted for Sandstad. Pidcock voted for Bentley. Thorfinnson said he thought it was critical to appoint someone who has experience with current development plans and ordinances, and he thought Sandstad would provide that experience. Case said he agreed, but he would like to see Bentley considered next time. CITY COUNCIL MINUTES July 11, 1995 Page 5 Pidcock said she thought Bentley was also very experienced and would be an equally good appointee. VOTE #3 ON THE APPOINTMENT: Case, Harris, Thorfinnson and Tyra- Lukens voted for Sandstad. Pidcock voted for Bentley. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to reopen the nominations. Motion carried unanimously. Harris nominated Chuck Ruebling. Pidcock questioned whether he has agreed to serve. Pidcock nominated Sydney Pauly. Ms Pauly said she would not be able to serve. MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue the appointment to the next Council meeting. Motion carried unanimously. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Staring Arts Center Proposal Lambert asked that the Council continue with another item as the architect for the proposal had not yet arrived. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt,Preliminary Review of Development&Land Alteration Plans (Continued from June 20, 1995) Enger said Staff has been concentrating on obtaining resolution of this item. Staff met with Mr. Johnson and his attorney this afternoon; however, the Midwest representatives did not elect to attend tonight's meeting because they felt it would be more comfortable to attend when there has been a detailed agreement ready to sign. Enger said they have a resolution in concept as of this afternoon, and they need to put together the details of the land alteration permit to bring to the City Council at the first meeting in August. He said they have obtained a limitation of the crushing operation in the permit process. CITY COUNCIL,MINUTES July 11, 1995 Page 6 Enger reviewed some of the details of the conceptual resolution, noting that the proposed permit would extend for almost three years. He said Midwest will be putting a considerable amount of money into the landscape berming, and they would like to have the possibility of extended hours on the crushing operation. Repeated noise and use violations would constitute a permit violation; however, no violations would provide a prima facie rationale for continuing the permit. Pidcock asked whether there would be a later start time for the Saturday operations. Enger said the asphalt plant itself will have the same hours; however, they will prohibit the crushing operation during the summer months. Roger Sandvick, 14280 Stratford Rd., said he thought the proposed agreement on the hours of operation will be a nightmare of record keeping; however, he did believe the proposal is coming to a place where we can live with it. He said he would like a definition of substantial violation and a definition of what is an emergency operation. He asked that the proposal be sent to him so that he can review it and take it to the neighbors. 2. Report on Funding Alternatives for Underground Utility Relocations Dietz reviewed the three alternatives available to fund the cost of converting some overhead utility lines to underground locations, noting that the figures presented are preliminary and would have to be refined. Dietz said the franchise fee would be an ongoing line item on the NSP bill, and NSP does not favor that alternative. The unit charge is a fee that would be put on the monthly bill as a flat rate per meter and would serve to even out some costs to the commercial/industrial consumers. The street lighting utility could be structured to pay for the undergrounding projects at approximately$4.00 per quarter or structured to generate enough income to eliminate the cost of street lighting at approximately $12.50 per quarter. Case said he had requested this report, and, while he realized we need to make some determination in the next few months, he would like additional time to study the issue and to get more information on the street lighting part. He said he did not want the underground portion of the issue lost while we study the funding of street lighting. Dietz said this could be talked about during the budget proposal process. The consensus was to add this to the budget workshop session. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Staring Arts Center Proposal Lambert reviewed the history of the project, including the RFP issued for a proposal to operate a private art center. One proposal was received from CITY COUNCIL MINUTES July 11, 1995 Page 7 a group that was supported by the Eden Prairie Foundation. In January 1995 City staff recommended that Council authorize staff to obtain plans and specifications to renovate the Boyce house in Staring Lake Park to provide an Art Center or a public meeting facility. Lambert reviewed the cost summary of the project. He said the Arts Commission reviewed the proposal and recommended approval on a 3-2 vote. The Parks Commission also reviewed the proposal and voted 3-1 to not recommend approval of the proposal. Brian Klutz, architect for the project, reviewed the site plan and building specifications. Tyra-Lukens asked if the costs for removing the deck and filling the pool were included. Klutz said those items are basic ADA and code requirements. Thorfinnson asked if the lower level would be accessible. Klutz said it would be used only for storage and mechanical functions, not for program use. Pidcock asked if the tile in the bathrooms would be removed. Klutz said they will maintain as much tile as possible while replacing fixtures and conforming with ADA requirements. Pidcock asked when the City took title to the property and if we received a security deposit from the renters of the property. Lambert said we took title in June of 1990, and we did not require a security deposit when we negotiated an agreement with the former owner to remain in the property for five years. He said we stipulated that the property should remain in the same condition as when we took over the ownership. Pidcock asked if we will recover any of the costs of renovating from the tenants. Lambert said they had a caretaker on the property, and we told him we were not happy with the condition. The light fixtures should be returned, and we can have the original carpet put back. Pidcock suggested that we get a security deposit in the future when we rent out City property. Anne Florenzano, 9770 Lakeland Plaza, reviewed four points about the proposal: the fact that there is no money when there is money that will be used for another project if it is not used for this one; we must support the arts or not; the full business plan they have prepared for the project showing future revenues and expenditures; the site chosen is one of the most important considerations in order to offer a home for the arts and draw top quality artists to teach, work and display at the center. She said they have hired an experienced director for the center. The project will provide an opportunity for people in the community to bequeath some of their wealth. CITY COUNCIL A11NUTES July 11, 1995 Page 8 Mary Sue Krueger, 18321 Tristram Way, said she is president of the Twin Cities Watercolor Society. She said there will be a new dimension to the arts in Eden Prairie when the center is available. Dick Brown, 7685 Heritage Drive, said he is a member of the Parks Commission and is opposed to the project. He said we will spend about $195,000 of City funds to bring an old building up to code. He wanted to conduct a survey among Eden Prairie residents to determine whether the public wants such a facility. If the survey indicates there is a desire for such a facility, then we should float a bond issue for it rather than take the funds from cash park fees. Harris said the idea of an arts center surfaced three years ago at a town meeting that was held by the Foundation where residents were asked what amenities would be of value to the community. A current telephone survey will also address the issue. Kate Halverson, 10280 County Rd. 18, said the concept today is a culmination of what was started at the town meeting. She said they conducted group sessions throughout the community after the Center for the Arts was organized in January of 1993. Kurt Pederson, 14526 Village Woods Drive, said he thought an Arts Center is appropriate but he thought it should be done right and we should not take money that would otherwise be spent to renovate parks and playgrounds. Beth Beutell, 9890 Lee Drive, said the success of the Staring Lake concert series shows that the art center will be a success. Gwen Leapaldt, 10402 Huntington Drive, said she has been in all kinds of arts centers and this one should certainly provide a good center. Tyra-Lukens questioned the fee for membership, the class costs, and the percent of the budget derived from earned income. Florenzano said the class cost will be based on the experience of the instructor and will be comparable to the$12.00 per class fee charged in Edina. Pat Beckman, Art Center Director, said the goal is to have 50% of the budget derived from earned income. Case said he does not think the$200,000 is significant enough to present as a referendum, and we could preserve the concept by spending $200,000 on this facility just as we spend money on athletic programs. CITY COUNCIL MINUTES July 11, 1995 Page 9 Thorfinnson had the following concerns: use of ADA funds which will mean delaying ADA projects on the five-year plan; the fact that this has not been reviewed by the ADA Fund Review Committee; remodeling this building when there are existing City facilities that are underutilized; use of cash park fees at this time for this proposal; the City should not be in the arts business; the downstairs is not accessible; the building will become a long- term maintenance proposition for the City; the strong "no" vote by the Parks Commission; locating the cultural corridor of the City in Staring Park when there may be value in having it nearer the downtown area; and approving this issue before we start the budget process. Tyra-Lukens said she was concerned that we will have$200,000 invested in a building that we have no use for if the Arts Center fails. She was not sure whether this is an art center to serve artists or to serve the community, and she thought there was an issue of competition with Community Ed and the School District. She said it is also difficult to get donations for operating expenses, and $68,000 is projected to come from donations in the first year with none of it to go to capital expenses. She said this may not be the time, place or way to bring arts into the community, and she would like to postpone this item until after the results of the City survey are obtained and after the budget process. Pidcock said she thought we, as a community, need a soul and we need an arts center. She thought now is the right time and, while she does not subscribe to the idea that governments should be involved in running such facilities, we can give it a start. She thought the Boyce property is a good place, and it is okay to start out with just the upper level accessible. There are very dedicated and committed people who are working on the project and who will work to raise money. Harris said she sees this as an opportunity to bring balance to the community; however, she would like to see further commitment and funding for maintenance or for some of the non-recurring costs. She was concerned about renovating this when other facilities in the City are not being utilized fully and thought we might look at one of those facilities for the project. She also preferred to defer this for a couple of weeks in order to look at the budget. Lambert said staff could look into other facilities such as the police building or the senior center if the Council would like them to; however, there is an issue of timing for this project because of the Foundation funding. MOTION: Case moved, seconded by Thorfinnson, to table the discussion of the Staring Arts Center proposal to August 1. Motion carried unanimously. CITY COUNCIL MINUTES July 11, 1995 Page 10 Councilmembers suggested that, while the Staring Arts group is organizing the fund raising, staff could explore alternative sites that might be used on an interim basis before making a commitment to fully rehabilitate the Boyce property. Staff should also look into getting a lower price for the renovation process, perhaps by contacting VoTech about donating services for renovating the facility. Mayor Harris thanked all those who have worked on the project. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:15 p.m.