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City Council - 08/21/2001 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,AUGUST 21,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, 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. U. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item about the water surcharge/native plant initiative disconnect, and Butcher added an item about the Grace Church project, under XIII. A. Reports of Councilmembers. MOTION: Tyra-Lukens moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 7,2001 MOTION: Butcher moved, seconded by Tyra-Lukens,to approve the minutes of the Council Workshop held Tuesday, August 7, 2001, as published. Motion carried 5-0. CITY COUNCIL MINUTES August 21,2001 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 7,2001 MOTION: Mosman moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, August 7, 2001, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. GIRARROSTO TOSCANO RESTAURANT by Girarrosto Toscano, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 1.66 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. (Ordinance No. 28-2001-PUD-18-2001 for PUD District Review and Zoning District Amendment and Resolution No.2001-124 for Site Plan Review) B. ADOPT RESOLUTION NO. 2001-125 APPROVING FINAL PLAT OF GRACE CHURCH ADDITION C. AUTHORIZE ISSUANCE OF GRADING PERMIT TO STEVEN BROWN FOR CULVERT REPLACEMENT AT 9950 DELL ROAD D. APPROVE SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR CONTRACT ADMINISTRATION SERVICES FOR THE UTILITY VEHICLE STORAGE BUILDING, I.C. 00-5516 E. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ON EDEN PRATR E ROAD, SOUTH OF RILEY CREEK(WOODBEAR HIGHLANDS) F. ADOPT RESOLUTION NO. 2001-126 APPROVING PLANS AND SPECIFICATIONS FOR RIVERVIEW ROAD STORM SEWER IMPROVEMENTS,I.C. 52-157 G. ADOPT RESOLUTION NO. 2001-127 APPROVING A LIMITED USE PERMIT WITH THE NIINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAIL CONSTRUCTION ALONG TH HIGHWAY 212 H. APPROVE AMENDMENT TO PROJECT MANAGEMENT AGREEMENT TO EXTEND THE ALLOWABLE COMPLETION OF THE ROLLING HILLS SENIOR APARTMENT PROJECT TO OCTOBER 3,2003 I. RELEASE THE ROLLING HILLS SENIOR HOUSING PROPERTY FROM THE TERMS OF THE JULY 3, 1979, DEVELOPER'S AGREEMENT BETWEEN THE CITY AND HARTFORD REAL ESTATE COMPANY CITY COUNCIL MINUTES August 21,2001 Page 3 J. ADOPT RESOLUTION NO. 2001-128 GRANTING A 24-MONTH EXTENSION TO DEVELOPER'S AGREEMENT BETWEEN SILVERCREST PROPERTIES AND THE CITY OF EDEN PRAIRIE, FOR EDEN SHORES SENIOR CAMPUS MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. Request for Planned Unit Development Concept Amendment on 68 acres, Planned Unit Development District Review with waivers on 68 acres, and Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Resolution No. 2001-129 for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the August 9, 2001,Eden Prairie News and was sent to 144 property owners. Steve Schultz,Activities Director for Eden Prairie High School,was representing the high school and explained the sign plan. He stated that the school has had many additions and it is now a large campus, with two entrances into the property. The outdoor plan for signage has been completed, and the school was requesting sign waivers from the City code to carry out its plan. They now propose to put signs on the doors at the five major entrances into the building. One sign will be at the Activity Center entrance, one at the entrance to the Performing Arts Center, and one each for the east, north and south entrances. There will also be a sign on the door of the Aerie Stadium. The school has proposed a freestanding, 8-foot-tall sign at the entrance off County Road 4 and another at the Valley View Road entrance. It is proposed to add intermediate directional signage for the parking lots, stadium, etc. Franzen said the Community Planning Board voted 7-0 to recommend approval of the sign plan with waivers at its August 13,2001 meeting. 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; and adopt Resolution No. 2001-129 for PUD Concept Review on 68 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 68 acres. Motion carried 5-0. B. WALGREENS DEVELOPMENT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall CITY COUNCIL NUNUTES August 21,2001 Page 4 Gonyea PUD, Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres. Location: Northeast Corner of Co. Rd. 4 and Hwy 5. (Resolution No. 2001-130 for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the August 9, 2001,Eden Prairie News and was sent to 21 property owners. John Kohler, an architect with Semper Development, said the project originally included a 3,658-square-foot bank. The bank is no longer part of the project, so they requested approval to go ahead with the revised project, which is a 14,314 square-foot Walgreens store. This change also means the project will no longer encroach on the wetlands. Franzen said the Community Planning Board voted 8-0 to recommend approval of the project at its July 9, 2001 meeting. The project meets the City's requirements for commercial zoning. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-130 for PUD Concept Review on 3.36 acres; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Comm Zoning District on 3.36 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. VHI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case to authorize Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. 2nd Reading for Planned Unit Development District Review with waivers on 68 acres, and Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Ordinance No. 29-2001-PUD-19- 2001 for PUD District Review and Zoning District Amendment) Uram explained that in order for the school district to begin construction on the new signs, the Council is requested to take action on the second reading of the ordinance for Eden Prairie High School's sign plan. MOTION: Mosman moved, seconded by Case, to approve the 2nd Reading of Ordinance No. 29-2001-PUD-19-2001 for PUD District Review and Zoning CITY COUNCIL MEWTES August 21,2001 Page 5 District Amendment within Public Zoning District on 68 acres. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Interim City Manager—Mayor Harris Mayor Harris said she and Councilmember Nancy Tyra-Lukens recommended the appointment of Carl Jullie as interim City Manager. All three candidates were interviewed and possessed excellent qualifications. Each of the candidates was asked the same questions. However, Carl Jullie's experience as former City Manager will be invaluable to the City during this interim period and,therefore,he was the better choice. The proposed contract includes a base salary of$114,000 per annum, with a term of up to six months and with an option to extend for an additional period of time of up to six months, in the event that a permanent City Manager has not been chosen after six months. Mayor Harris said Mr. Jullie was prepared to take office Wednesday morning,August 22. MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint Carl J. Jullie as the interim City Manager and approve the appointing agreement. Motion carried 5-0. 2. Water Surcharge and Native Plant Incentive—Councilmember Case Case referenced an article in the August 16 Eden Prairie News entitled, "Ask the Police", about the ordinance against long grass on private property. He recalled the Council had approved allowing some kinds of native plants to grow on private property without penalty. Case said he asked staff what happened to allowing native plants, and was told that at the staff level they ran into some problems with it. Case said the City has charged a record number of fines for watering at the wrong times — 590 tickets have been mailed to residents this summer. In addition, some record-setting surcharges are going out for high water use. At the same time the City is collecting this money, it is not giving people any incentives to grow native grasses to conserve water. The surcharge was supposed to go hand-in-hand with the incentive program. Case said he wanted to see something done with the incentive portion of this. The CITY COUNCIL AIDMTES August 21,2001 Page 6 Council could send it back to the staff and have them work on it and bring it back to the Council. Dietz replied the problem was how to deal with the issue of the relationship between neighbors who want tall native grass and those who don't. He suggested that Council might wish to discuss that particular issue at a Workshop in the coming months. Mayor Harris agreed that a good way to discuss this would be in the context of a Workshop. Dietz said it would be placed on the Workshop schedule. Mosman said it would be very desirable to invite a member of the engineering staff from the watershed district to the Workshop. 3. Early Starting Hour at Grace Church Site—Councilmember Butcher Butcher said residents who live across from the Grace Church site told her of their concern about noises they have heard from the site in the early morning hours. Butcher checked with City staff and found that an "early start"permit was granted that allowed work to begin at 6:00 a.m.,but only for metal tying. She wanted the residents to know staff is sensitive to this issue and is monitoring the situation, particularly Jean Johnson. The neighbors can call the police early in the morning if they find the noise is undesirable, or call Jean Johnson after the City Center is open. B. REPORT OF CITY MANAGER 1. Executive Search Firms Uram provided a list of executive search firms. Four are locally based and four are nationally based. The Mercer Group in Atlanta, Brimeyer Group, Inc. in Hopkins and Sathe &Associates in St. Louis Park, have submitted proposals. Uram said the City expects to have proposals from the remainder by the end of the week, and will forward them to the City Council as soon as they are received. These proposals will be discussed at the next Council meeting on September 4,2001. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR CITY COUNCIL AI MUTES August 21,2001 Page 7 H. REPORT OF CITY ATTORNEY A. Flying Cloud Airport Expansion Rosow said at the Council's direction a letter went out to MAC Executive Director Jeffrey Hamiel under the Mayor's signature, requesting right-of- way easements from MAC and requesting a response by Tuesday, August 14, 2001. No response was received from Jeffrey Hamiel, but Rosow was told that Hamiel was out of the country until the end of last week. Rosow said he thought it would be appropriate to give them a little more time to respond rather than to take any further action that night. He did not believe a closed session would be necessary. Regarding MAC's public hearing on the supplemental draft EIS for expansion of Flying Cloud Airport, which is being held on September 19, Rosow said he would be preparing comprehensive comments for the City. He will ask the Mayor to give a summary of the City's comments at the public hearing. In addition,he will be coming to the next Council meeting with a proposal for a communication package for the City's Web site so there will be more current information on the City's position. Case asked if there is any role for the City, as a governing body, to encourage residents to come to the public hearing where Ordinance 51 will be discussed, in order to let residents know how important the matter is. Rosow replied there would certainly be an opportunity to do that. In addition, he could foresee using the media consultant that has been retained. Butcher said using the City's Web site seemed reasonable. Rosow said in terms of the will of the public, it is very important to have a good turnout. Not only would that fact be reported later, it impresses the policy makers who are present. Staff could be directed to "get out the word" to encourage greater public participation at the meeting. Case said there are several quick and inexpensive ways to do that - through press releases, a letter from the Mayor to the newspaper, etc. The City needs to be rather vocal in order for people to show their interest in this matter. MAC's public hearing on the supplemental draft environmental impact statement for expanding Flying Cloud Airport and plans to eliminate Ordinance 51 is being held on Wednesday, September 19, 2001, at 7:00 p.m., in the Hennepin Technical College auditorium, 13100 College View Drive,Eden Prairie. MOTION: Case moved, seconded by Tyra-Lukens,to direct staff to send out information, with a minimum of expense, encouraging the public to attend the Metropolitan Airport Commission's public hearing on September 19, 2001. Motion carried 5-0. CITY COUNCIL MINUTES August 21,2001 Page 8 Mosman suggested that if people have questions or concerns, or wanted to know if it is permissible for them to give a speech at the public hearing, they could call the City. They should talk to Scott Kipp to get information regarding the process. The customer service staff could have basic information to give people regarding time,place, etc. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:35 p.m.