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City Council - 12/20/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL THURSDAY,DECEMBER 20,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, Parks and Natural Resources Manager Stuart Fox, City Attorney Ric Rosow, and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Acting Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager's office (at 952- 949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m., is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. DEATH OF MAYOR JEAN HARRIS Tyra-Lukens said Mayor Harris passed away on December 14, 2001, after a courageous four-year battle with cancer. This meeting was rescheduled from Tuesday night because of the visitation period that evening. Mayor Harris's 14 years on the City Council, including seven years as mayor, was truly an inspiration for all who worked with her over the years. Her leadership and extraordinary dedication to public service will be missed, but perhaps even more, we will miss her good humor, her friendship, her positive outlook and her wonderful and infectious smile. Tyra-Lukens said that the Council would be discussing an appropriate memorial to Mayor Harris at the Council Workshop on January 8. She encouraged staff and members of the public to call City Manager Carl Jullie's office with any ideas they might have. Case said Mayor Harris spoke to him at the conclusion of the December 4 Council meeting. There were several issues at that meeting they had disagreed on, but she complimented him and said she was pleased with how much effort and time he had put CITY COUNCIL MINUTES December 20,2001 Page 2 into thinking about those issues and that his perspective was represented on the Council. He found out later she was in great pain, and yet she was concerned with building him up and thinking what was best for the City. She was a very good mayor, but she was a great person. Many were touched by her life and she will be deeply missed. Butcher said Mayor Harris lived her life dedicated to public leadership and to her core values of honesty and integrity. She never had a personal agenda and never promoted herself. She demonstrated her commitment to the City, working right up to the very end, serving and getting work done. She had a vision for what the City would be like, and much of her dream has come to fruition. People like Jean Harris are rare, and her gifts to the City have been extraordinary. She will never be forgotten; she is everywhere in the City. Mosman said she was at the National League of Cities convention in Atlanta two weeks ago, where all three attendees from Eden Prairie went to a special presentation on promoting racial equality. A woman who sang about living and making things better for others caused them all to think about Mayor Harris. Mosman considered herself fortunate to have worked with her. Tyra-Lukens explained that the Council would consider how to fill the mayoral position at the Council meeting on January 8. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item T. to the Consent Calendar and amended Item S. by adding a provision for a workshop at 5 p.m. Jullie said Items X.A. and XII A. were removed from the agenda and will be rescheduled. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 4,2001 MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, December 4, 2001, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 4,2001 Case made a correction on page 6, paragraph 3, the last sentence, which should read, "This will guard against Flying Cloud becoming a full-fledged jetport." MOTION: Case moved, seconded by Butcher, to approve the minutes of the Council Meeting held Tuesday, December 4, 2001, as published and amended. Motion carried 4-0. CITY COUNCIL MINUTES December 20,2001 Page 3 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BFI ADDITION by BFI. 2nd Reading for PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 22 acres, Rezoning from Rural to I-2 Park on 2.32 acres, and Site Plan Review on 24.32 acres. Location: 9813 Flying Cloud Drive. (Ordinance No. 33-2001-PUD-22-2001 for PUD District Review and Zoning District Change and Resolution No. 2001-186 for Site Plan Review) C. SHADY VIEW ADDITION by First Industrial L.P. 2nd Reading for Planned Unit Development District Review within the I-2 , Industrial Zoning District, with waivers on 5.14 acres. Location: 7152-7198 Shady Oak Road. (Ordinance No. 34-2001-PUD-23-2201 for PUD District Review and Zoning District Amendment) D. EDEN PRAIRIE AUTO CENTER by Westbrook Development 2nd Reading for Planned Unit Development District Review with waivers on 1.05 acres, Zoning District Change from Rural to Community Commercial on 1.05 acres, and Site Plan Review on 1.05 acres. Location: West of Aztec Drive and east of T.H. 212. (Ordinance No. 35-2001-PUD-24-2001 for PUD District Review and Zoning District Change and Resolution No.2001-187 for Site Plan Review) E. ADOPT RESOLUTION NO. 2001-188 APPROVING FINAL PLAT OF LIBERTY PLACE 2 ADDITION F. ADOPT RESOLUTION NO. 2001-189 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 8 ADDITION G. ADOPT RESOLUTION NO. 2001-190 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 7 ADDITION H. ADOPT RESOLUTION NO. 2001-191 APPROVING FINAL PLAT OF SHADY VIEW ADDITION I. AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEMS ON 13 EXISTING TRAFFIC SIGNALS TO ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY, 01- 5541 J. AWARD CONTRACTS FOR MAINTENANCE AND WATER TREATMENT CHEMICALS FOR 2002,I.C. 02-5552 K. ADOPT RESOLUTION NO. 2001-192 AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR INFRASTRUCTURE EUPROVEMENTS TO STABLE PATH SOUTH OF PIONEER TRAIL,I.C. 02-5554 CITY COUNCIL AIMUTES December 20,2001 Page 4 L. ADOPT RESOLUTION NO. 2001-193 SUPPORTING THE REVISED PLAN FOR IMPROVEMENTS TO TH 62 AND I-35W COMMONS ROADWAY SYSTEM M. ADOPT RESOLUTION NO. 2001-194 AUTHORIZING ISSUANCE AND SALE OF $1,000,000 IN G.O. BONDS TO FUND THE EDEN PRAIRIE, PORTION OF THE JOINT PUBLIC SAFETY TRAINING CENTER N. ADOPT RESOLUTION NO. 2001-195 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS, AND MUNICIPAL SERVICES O. ADOPT RESOLUTION NO. 2001-196 AUTHORIZING DISPOSAL OF TAX-FORFEITED LANDS LISTED ON HENNEPIN COUNTY CONSERVATION/NON-CONSERVATION LIST P. APPROVE ARCHITECTURAL SERVICES AGREEMENT WITH MACDONALD & MACK ARCHITECTS, LTD., FOR E%IPROVEMENTS AT THE SMITH-DOUGLAS-MORE HOUSE Q. APPROVE AMENDMENT TO FIREFIGHTERS RELIEF ASSOCIATION BYLAWS TO INCREASES PENSION PAYMENTS FROM $40 TO $44 STARTING JANUARY 1,2002 R. ADOPT RESOLUTION NO. 2001-197 AUTHORIZING SECOND AMENDMENT OF PROJECT MANAGEMENT AGREEMENT FOR SUMMIT PLACE SENIOR HOUSING DEVELOPMENT S. ADOPT RESOLUTION NO. 2001-198 SETTING THE FIRST REGULAR COUNCIL MEETING OF 2002 ON JANUARY 8,2002,AT 7:00 P.M. AND A WORKSHOP AT 5:00 P.M. T. AUTHORIZE THE ACTING MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SINGLETREE LANE SITE PURCHASE AGREEMENT—NORTH AMERICAN PROPERTIES MOTION: Mosman moved, seconded by Butcher, to approve Items A-T on the Consent Calendar, as amended,with Item S amended and Item T added. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE CITY CENTER FIRE STATION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review within the I-5 Zoning District with waivers on 30 acres, Zoning District Amendment in the I -5 Zoning District on 30 acres, and Subdivision of 30 acres into 2 lots. Location: 14800 Scenic Height Road. (Resolution No. 2001-199 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning Amendment) CITY COUNCIL MINUTES December 20,2001 Page 5 Jullie said official notice of this public hearing was published in the December 6, 2001,Eden Prairie News and was sent to 115 property owners in the area. He said the purpose of creating a separate lot for the existing fire station is for mortgage purposes. The Community Planning Board voted 7-0 to recommend approval of the project at its December 10,2001 meeting. Tyra-Lukens asked if anyone wished to address the Council about this proposal. No one did. MOTION: Case moved, seconded by Butcher, to close the Public Hearing; and adopt Resolution No. 2001-199 for PUD Concept Amendment on 30 acres; and approve 1" Reading of the Ordinance for PUD District Review within the 1-5 Zoning District with waivers on 30 acres. Motion carried 4-0. B. THE WATERTOWER by North American Properties of Minnesota. Request for Guide Plan Change from Regional Commercial to Community Commercial on 5.59 acres,Planned Unit Development Concept Amendment on 5.59 acres,Planned Unit Development District Review with waivers on 5.59 acres, Zoning District Change from C-Reg-Ser to Community Commercial on 5.59 acres, and Site Plan Review on 5.59 acres. Location: Singletree Lane, north of Bachman's. (Resolution No. 2001-200 for Guide Plan Change, Resolution No. 2001-201 for PUD Concept Amendment,Ordinance for PUD District Review and Zoning Change) Jullie said official notice of this public hearing was published in the December 6, 2001,Eden Prairie News and was sent to 13 property owners. Jay Scott, with North American Properties of Minnesota, said this is a mixed-use project. It consists of two buildings connected by a skyway. The buildings will include an 8,000-square-foot restaurant, 11,500-square feet of office, clubhouse, and banquet facilities, and 223 apartments. There are 536 parking spaces; 108 provided on the surface and 428 underground, with parking sufficient for all apartment units below grade on two levels. Franzen said the Community Planning Board reviewed the plan at its December 10 meeting and voted 7-0 to approve the project, with the following changes to the architecture of the north building: make the corners of the building larger, vary the size and dimensions of the balconies, and vary the height of the roof. New plans just received from the proponent show different ways they could address these changes. There wasn't enough time between meetings to discuss them with the Planning Board. Staff recommends approval and concurs with the recommendations of the Planning Board. The ideas presented show the proponents can make the necessary changes. Case asked if the towers are to be enhanced beyond what is shown on the plans the Council has now. Franzen replied they are to be wider and taller. Tyra-Lukens asked if anyone wished to address the Council. No one did. CITY COUNCIL MEWTES December 20,2001 Page 6 MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt Resolution No. 2001-200 for Comprehensive Guide Plan Change from Regional Commercial to Community Commercial on 5.59 acres; and adopt Resolution No. 2001-201 for PUD Concept Amendment on 5.59 acres; and approve 1"Reading of the Ordinance for PUD District Review on 5.59 acres and Rezoning from Regional Service Commercial to Community Commercial on 5.59 acres; and direct Staff to prepare a Developer's Agreement. Case said he understood the Council is referring this back to staff, assuming they will work out the changes to the plan by the second reading. Franzen replied staff will return the project to the Planning Board to show them the results of changes the proponent has made. Mosman said she believed when the towers become larger they will make the rest of the buildings appear smaller. Otherwise, the building would look like a huge mass, and not as well balanced. Case said he was confused about the plan returning to the Community Planing Board because the Council is approving the plan this evening. Franzen said the plan is going back to the Community Planning Board, after Council approval, for presentation of the final architectural plans. It is for presentation only, not for review and recommendation. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman and Tyra- Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS M. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XH1. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL MINUTES December 20,2001 Page 7 1. Purgatory Creek Recreation Area Park Fox reported the project has gone through extensive review and approval by a task force, the City's Parks and Recreation Citizen Advisory Commission and the Community Program Board. The Phase I plan was reviewed and approved by the Planning Board on December 10, 2001. The Council is being asked to approve Phase I construction. The construction will be done in a series of phases. Phase I consists of grading and surcharging fill material, extension of the existing 48-inch storm pipe through the park, constructing a parking lot and lighting on the north side of the park, installation of landscaping, installation of an irrigation system, and installation of a trail system within and around the perimeter of the park. Phase I improvements are proposed to begin in early-to mid-February 2002 and be completed by the end of October 2002. The City has budgeted $1.2 million for development of the first phase. MOTION: Mosman moved, seconded by Case, to approve the proposed Phase I Improvements for Purgatory Creek Recreation Area as detailed in the plans dated December 4,2001. Motion carried 4-0. 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 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 7:25 p.m.