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HomeMy WebLinkAboutCity Council - 12/07/1999 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,DECEMBER 7, 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 Roger Pauly Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item XII.B.1., Setting Dates for the Boards and Commissions Open House/Interviews. Butcher added Item XII.A.1.,Report on FamiLink in Eden Prairie. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 5-0. IV. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEM 3ER 9, 1999 MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the Council/Staff Workshop held Tuesday, November 9, 1999, as published. Motion carried 5-0. B. COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEMBER 16, 1999 Tyra-Lukens made corrections on page 4, under VI.A. The name "Jennie Johnson" should be changed to "Nicole Vagle", and "Oak Point Middle School" should be changed to "Oak Point Intermediate School." MOTION: Butcher moved, seconded by Case, to approve the minutes of the Council/Staff Workshop held Tuesday, November 16, 1999, as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 1999 MOTION: Thorfinnson moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday,November 16, 1999, as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CHRESTOMATHY H by Chrestomathy,Inc. 2nd Reading for Zoning District Change from Community Commercial to a Office Zoning District on 1.22 acres, and Site Plan Review on 1.22 acres. Location: 7465 Eden Prairie Road. (Ordinance No. 41-99 for Zoning District Change, and Resolution No. 99-218 for Site Plan Review) C. BLUFF COUNTRY VILLAGE EAST - COMMERCIAL by Hustad Land Company. 2nd Reading for Planned Unit Development Concept Review on 7.5 acres, Planned Unit Development District Review on 7.5 acres, Rezoning from Rural to Neighborhood Commercial on 7.5 acres, Site Plan Review on 7.5 acres, and Preliminary Plat on 7.5 acres into two lots and one outlot. Location: Pioneer Trail and Highway 169. (Ordinance No. 30-99-PUD-24-99-for PUD District Review and Zoning Change, and Resolution No. 99-219 for Site Plan Review) D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 8.07 AND 9.05 RELATING TO FIRE REGULATIONS E. RESOLUTION NO. 99-220 DECLARING UNCLAIMED PROPERTY "ABANDONED PROPERTY" F. SUPPORT FOR PUBLIC SAFETY TRAINING CENTER G. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT NO. 91-10,LOTS 1 THROUGH 9,BLOCK 1,JAMESTOWN VILLAS H. AUTHORIZE EARLY UTILITY CONSTRUCTION FOR BROWN ADDITION Case questioned Item 19 for V.C. Bluff Country Village East— Commercial. He asked Enger if the Council had not previously approved the zoning change. Enger replied only the development concept stage was approved, which did not include rezoning the property, so these were referred back to the Planning Commission. The Planning Commission reviewed them and recommended rezoning, with a higher number of senior housing units. MOTION: Case moved, seconded by Thorfinnson, to approve Items A-H on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 3 VI. PUBLIC HEARINGS/MEETINGS A. ANDREAS H by Andreas Properties II, LLC Request for Zoning District Amendment within the I-2 Zoning District on 2.74 acres, Site Plan Review on 2.74 acres, and Preliminary Plat on 2.74 acres into one lot. Location: 15180 Martin Drive. (Ordinance for Zoning District Amendment and Resolution No. 99-221 for Preliminary Plat) Enger said official notice of this public hearing was published on November 25, 1999, in the Eden Prairie News and sent to 25 property owners. Perry Ryan,Ryan Engineering,made the presentation. The project is for a 14,200 square foot industrial building, with future expansion of 5,500 square feet. The single-story building will be constructed of facebrick, stone and rockface block. A total of 24 parking stalls are proposed for the initial building construction, with proof of parking of 39 stalls. A low quality wetland is located in the southwest corner of the site. It is planned to significantly increase the wetland area, with a 25-foot buffer around the wetland, along with plantings, as requested in the Staff report. Also, as requested, the developer did increase some of the plantings to get screening behind the office portion of the building for the mechanical equipment. The landscaping plan includes tree plantings in the 104 caliper inches of landscaping material. Tyra-Lukens asked what company would be occupying this building. Ryan replied that has not been determined. Uram said the Planning Commission recommended approval of the project on a vote of 4-0, at its November 8, 1999 meeting, with the conditions outlined in the Staff Report. These conditions have been met. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; and approve 1St Reading of the Ordinance for Zoning District Amendment within the I-2 Zoning District on 2.74 acres; and adopt Resolution 99-221 for Preliminary Plat of 2.74 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case said he believes it would be beneficial to inform the Council what the land is like on either side of the property being developed, in order to know if another system is impacted. In the future he recommended providing this information. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 4 B. LINCOLN PARC APARTMENTS PROJECT by Governmental and Educational Assistance Corporation, Request to Adopt a Resolution Authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds to finance the cost of a proposed multifamily housing development under Minnesota Statutes, Chapter 462C, as amended, on behalf of Governmental and Educational Assistance Corporation, an Arkansas nonprofit corporation, or a nonprofit affiliate (the `Borrower"), consisting of the acquisition, construction and equipping of a 186-unit multifamily rental housing development to be owned by the Borrower and located at 8030 Eden Road in the City(Lincoln Pare Apartments). (Resolution No. 99-222) Enger said official notice of this public hearing was published on November 11, 1999, in the Eden Prairie News. The Council approved this multifamily housing program for the Project, designated as the "Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Park Apartments Project" and the issuance of revenue bonds by the City in the approximate principal amount of$36 million to finance the costs. The City has been advised that the Original Borrower has been replaced by Governmental and Educational Assistance Corporation, and has prepared an "Amended Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Pare Apartments Project." Enger said the City Council is requested to adopt a resolution approving the issuance of multifamily housing revenue bonds as requested in the amendment. Mayor Harris asked if anyone wished to address the Council concerning this proposal. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and to adopt Resolution No. 99-222 authorizing a proposed multifamily housing program and issuance of multifamily housing revenue bonds (Lincoln Pare Apartments Project). Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.40 & 11.70 REGARDING PLANNED UNIT DEVELOPMENT SIZE Enger said official notice of this public hearing was published on November 25, 1999, in the Eden Prairie News. The proposed ordinance change will eliminate the minimum lot size requirement for a Planned Unit Development (PUD). Current City Code requires a five-acre minimum lot size. The purpose of the code amendment is as follows: • Efficiency in the development review process will be enhanced by eliminating the need for the Board of Adjustment and Appeals review. A comprehensive review at the Planning Board will include any waivers associated with a development. CITY COUNCIL MINUTES December 7, 1999 Page 5 • Smaller subdivisions with environmental issues such as tree removal, steep slopes, or wetlands may develop more sensitively with a PUD waiver process. The Planning Commission voted 6-0 to recommend approval of the proposed ordinance change to the City Council at its November 22, 1999 meeting. Tyra-Lukens wondered why there ever was a minimum requirement for PUD. She asked if there was a down side to adopting this ordinance change. Enger said in the past the City may have been dealing with a large number of waivers in the planning process and with projects that involved larger land areas. The average size of a development project used to be more than 20 acres and now the average size is probably less than five acres. Operating under the Planning and Development process has been a very successful process for the City. Planned Unit Development allows a project to be reviewed against that guideline and to end up with a better project. Case offered a word of caution that this process not be used as a waiver trade-off. The bigger picture is beyond the two or three acres of a particular project. There would still be a number of acres around the project that may be developed and should be considered. Enger agreed this is a good point to keep in mind. Even though there would be no minimum size for the PUD, there could be a minimum size for depiction of the topography. Staff will consider the request for more information from off-site and work on the wording before second reading. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; and approve lst Reading of the Ordinance amending City Code Chapter 11, Section 11.40 entitled Planned Unit Development (PUD) Concept, and Section 11.70 entitled Sign Permit. Motion carried 5-0. VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfmnson, 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." VII1. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 42-99 AMENDING CITY CODE SECTION 8.07 AND 9.05 RELATING TO FIRE REGULATIONS AND RESOLUTION NO. 99-223 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MENUTES December 7, 1999 Page 6 Enger said the first reading was approved under Item V.D on the Consent Calendar. Section 8.07 is amending fire lane signage requirements to meet normally accepted standards and match requirements in the Minnesota Uniform Fire Code. Section 9.05 is adopting the most recent edition of the Minnesota Uniform Fire Code as amended in parts 7510.3510 to 7510.3710, Minnesota Rules 1998 and amends the City Code to provide the rules needed to provide an acceptable level of fire protection in the City. The request is for a second reading, and unanimous approval of the Council is needed. MOTION: Tyra-Lukens moved, Thorfinnson seconded, to approve the second reading of Ordinance No. 42-99 amending City Code Section 8.07 and Section 9.05 and adopt Resolution No. 99-223 approving Summary Ordinance for Publication. Motion carried 5-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on FamiLink in Eden Prairie Butcher made a report on FamiLink Eden Prairie, one of the Boards on which she serves. FamiLink is a community resource that serves as a referral service to other organizations, such as PROP. The number of calls has increased steadily since it began operating. It is successful because there is only one number to call to get information and make the connection to obtain help. However, there are some families needing help who are not aware of FamiLink, and the director wondered if this would be a good time for her to get out into the community and talk to as many groups as possible. Also, some of the members of FamiLink are willing to help with this. They want to identify the major needs, prioritize them and find out if they can locate funds. The needs of the community have changed greatly over the past three years. With the influx of new immigrants there is a need for services for immigrants, such as classes in English as a second language, child care and help with connecting to employment. One initiative FamiLink has taken on is an immigrant service group that deals specifically with the needs of new immigrants. One of the primary calls FamiLink receives is for affordable housing, which is badly needed. Also, as Council approves more housing for seniors, those decisions result in the need for services to meet seniors' needs. For example, a member of the board of directors of CITY COUNCIL MINUTES December 7, 1999 Page 7 Meals on Wheels said they are receiving more calls than ever as more seniors move into these housing units. Mayor Harris said it is interesting to hear about the secondary impact of decisions the Council has made recently. B. REPORT OF CITY MANAGER 1. Setting Dates for Boards and Commissions Open House/Interviews Enger asked the Councilmembers to select a Tuesday in January for the open house for members of Boards and Commissions, and another date for interviewing potential candidates to fill vacancies. Tuesday, January 25,2000,was selected for the open house, and Tuesday, February 22,2000,was selected for interviewing candidates. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Authorize Purchase Agreement with H. Dan Wright for the Sale of the Former Public Safety Building, 7900 Mitchell Road Uram said Staff is recommending that Council authorize the Mayor and City Manager to execute a purchase agreement for the former Public Safety building. H. Dan Wright will purchase the building and the rest of the property for $1.7 million and plans to construct a Wingate Inn hotel and restaurant on the property. The purchaser would be responsible for tearing down the building, but the City would be responsible for relocating the communication tower, which is expected to cost less than$500,000. Case asked how much the City would have left to put into the Capital Improvement Program. Uram replied the City's only expense is removing the tower, but there is approximately $300,000 left to pay on the Public Safety building. The balance could be transferred to the CIP. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to authorize the Mayor and City Manager to execute a purchase agreement and other documents necessary to complete the sale of the former Public Safety Building at 7900 Mitchell Road to H.Dan Wright. Motion carried 5-0. CITY COUNCIL NIINUTES December 7, 1999 Page 8 2. Extension of Closing Date for Lincoln Pare Apartments Uram explained that the City is selling property at Singletree Lane and Eden Road to Hartford Financial Services for the recently approved Lincoln Pare rental apartment project. The developer is requesting an extension of the closing date. The consideration paid by the developer for extending the closing date will be$15,000. Jack Brandt, President of Hartford Financial Services, said his company has been working on this project with Staff for the last few months. It incorporates an affordable housing component, T1F funding, etc., and so there are a variety of issues to bring together. He asked to have the closing date for the sale of the parcel extended from November 22, 1999 to December 31, 1999. This will allow the developer more time to obtain approvals for Housing Revenue Bonds financing. He believed the developer could start construction in the spring of 2000. MOTION: Butcher moved, seconded by Case, to approve the attached third amendment to the purchase agreement between the City of Eden Prairie and Hartford Financial Services for the sale of Lot 4, Block 1, to Eden Prairie Market Center. Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. 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 adjournment. Mayor Harris adjourned the meeting at 7:45 p.m.