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City Council - 09/21/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 21, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, 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 and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added an item under Councilmember Reports regarding community group marketing of events specifically,but not limited to, the City's electronic billboards. Neal reported there is a new item added to the agenda to approve a short-term lease with AMC Cinema for disaster drill at Eden Prairie Center, and is marked item VI.G. MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. OPEN PODIUM HELD TUESDAY,SEPTEMBER 7,2004 MOTION: Young moved, seconded by Mosman, to approve the minutes of the Open Podium held Tuesday, September 7, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7,2004 On page 11,under XIV.H.2., second paragraph, Rosow clarified that the first sentence should state "In a separate lawsuit between Berglund and Perkins,the judge in that suit issued a judgment in favor of Berglund and awarded judgment to Berglund, and Berglund waited to put in a driveway until that case was tried." MOTION: Butcher moved, seconded by Young,to approve as published an amended the minutes of the City Council meeting held Tuesday, September 7, 2004. Motion carried 4-0. CITY COUNCIL MEETING September 21,2004 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2004-133 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE C. ACCEPT PROPOSAL FOR COMMUNITY CENTER REMODELING PROJECTS FROM MCFARLAND CONSTRUCTION COMPANY D. ACCEPT PROPOSAL FROM ENVIRONMENTAL PROCESS INC. TO PERFORM BUILDING ASSESSMENTS OF 23 CITY BUILDINGS E. APPROVE AGREEMENT WITH HAMLINE UNIVERSITY CENTER FOR GLOBAL ENVIRONMENTAL EDUCATION TO DEVELOP CURRICULUM AND IMPLEMENT DISTRIBUTION OF BIG FOOT CD- ROM,I.C. 02-5578 F. PROCLAMATION FOR MINNESOTA WOMEN OF TODAY WEEK MOTION: Mosman moved, seconded by Young, to approve Items A-F of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS /MEETINGS A. VACATION OF RIGHT-OF-WAY AND EASEMENTS IN GRAY FOX BLUFF,VACATION 04-09 (Resolution No. 2004-134) City Manager Scott Neal reported that official notice of this public hearing was published in the August 26, 2004,Eden Prairie Sun Current and sent to six property owners. He said the property owner has requested this vacation to enable replatting the property to Edenvale Highlands, approved by the Council on August 17,2004. The requested vacation will remove underlying encumbrances consisting of right-of way for an Alpine Trail turnaround and conflicting roadway and drainage/utility easements. Replacement right-of-way and easements have been dedicated on the new plat. There were no public comments. MOTION: Mosman moved, seconded by Young, to close the Public Hearing and adopt the resolution vacating the right-of-way and easements as described over Lot 1,Block 1, Gray Fox Bluff. Motion carried 4-0. B. ASI JET CENTER HANGAR by ASI Jet Center. Request for Site Plan Review on 0.75 acres. Location: 14801 Pioneer Trail(Flying Cloud Airport). (Resolution No. 2004-135 for Site Plan Review) CITY COUNCIL MEETING September 21,2004 Page 3 City Manager Scott Neal reported that official notice of this public hearing was published in the September 9, 2004,Eden Prairie Sun Current and sent to three property owners. He said this project is for the construction of a 32,760 sq. ft. hangar. At the August 23, 2004 meeting the Community Planning Board voted 7- 0 to recommend approval of the project to the City Council. In September of 1996, the City Council adopted the Fl dnng Cloud Airport Design Framework Manual, recognizing that aircraft hangars and other facilities at the airport serve a unique function and set of design characteristics. This manual establishes parameters regarding, among other things,building materials for new development at the airport and helps to guide new construction in a cohesive aesthetic manner. The proposed hangar is in conformance with the manual. Neal said the City and MAC have entered into a Memorandum of Understanding that includes among other things,the extension of municipal sewer and water service to the airport. MAC's Capital Improvement Program shows extension of utilities in 2005. The proposed hangar includes a fire sprinkler system and floor drains that will be ready for hook-up when these services are made available. Neal said the manual recognizes that there is little opportunity to provide landscaping within an area for aircraft operations,but does recommend that some landscaping be incorporated where space permits to help create visual interest. Other opportunities may include adding trees along the outer perimeter of the airport where previous landscaped trees installed by MAC have died. This should be coordinated with MAC prior to City Council review. Landscaping has been incorporated into the plans as recommended in the staff report. This project does not involve any significant issues to warrant the preparation of a Development Agreement. Jeremiah reported that she received a question with regard to how frequently the City looks at these types of site plan reviews for the airport. She said this is the fourth site plan review for a hangar replacement in the last 10 years, the last one in 1997. She said this does not expand the hangars into a new area—it is a replacement to an existing hangar area. Mosman asked if the recommendations for the landscaping had been dealt with. Jeremiah said they have been cooperating with the recommendations and it is expected that they will all be carried out and done prior to second reading. There were no public comments. MOTION: Young moved, seconded by Mosman, to close the Public Hearing and adopt the resolution for site plan review on 0.75 acres. Motion carried 4-0. C. BEST BUY by BBE Properties. Request for Planned Unit Development Concept Review on 5.39 acres,Planned Unit Development District Review with waivers on 5.39 acres,Zoning District Change from Office to Commercial Regional Service on 5.39 acres, Site Plan Review on 5.39 acres, and Preliminary Plat on 5.39 acres into one lot. Location: 7901 Flying Cloud Drive. (Resolution No. CITY COUNCIL MEETING September 21,2004 Page 4 2004-136 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change,Resolution No. 2004-137 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the September 9, 2004,Eden Prairie Sun Current and sent to 16 property owners. He said this project involves a rezoning from office to Commercial Regional Service, demolition of an existing office building, and construction of a 45,000 square foot Best Buy store. This project was first reviewed at an informational meeting on August 9, 2004 to discuss the merits of rezoning the property to regional commercial. The Community Planning Board was comfortable with the zoning change based on a set of development criteria to make the project consistent with recent commercial projects such as Fountain Place and Southwest Station. Neal said the project was reviewed at a public hearing on August 23, 2004. The board directed the developer to revise the plans to reduce the amount of sign area on the building. At the September 13, 2004 meeting the board voted 7-0 to recommend approval of the project with a sign waiver from 300 square feet to 497 square feet for the side facing Highway 212. Wall signs are smaller on some elevations in order to create the larger sign. This is a similar to a waiver granted to Target. Tyra-Lukens said emails received from tenants from that office building who were concerned about notification on when they needed to vacate. She asked if those tenants have come to understand that it is not a City issue.Neal explained that emails were received from tenants in the 7901 building expressing concern that they have not received regular and timely communication from Best Buy about their future status in that building. He said the tenants were asking the City to consider that fact as regulatory approvals were being granted for this project, but that would not be an appropriate consideration for the city to give the project. He said the tenant leases are a private matter between those two parties, and Best Buy would be encouraged to work with those tenants to provide information and assistance to find other locations. Tyra-Lukens asked what is the projected opening date for the store. A representative from the project stated it is August of 2005. There were no public comments. MOTION: Butcher moved, seconded by Young, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 5.59 acres; and approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Office to Commercial Regional Service on 5.59 acres; and adopt the Resolution for Preliminary Plat on 5.59 acres into one lot and road right of way; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and approve and Authorize Issuance of CITY COUNCIL MEETING September 21,2004 Page 5 a Grading Permit and Footing and Foundation Permit for Best Buy subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 21, 2004, as approved by the City Council. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Young, to approve the Payment of Claims. The motion was approved on a roll call vote with Butcher,Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS Neal reported there were a total of 33 students who expressed an interest in serving on boards and commissions with just 12 opportunities. He said staff liaisons to City Commissions reviewed and discussed the applications and recommendations were then made based on the students' stated preferences and the quality of their application. Three students are being recommended for each Commission. Neal said he believes all 12 students have been notified of their appointments. MOTION: Mosman moved, seconded by Butcher,to appoint the following student representatives to boards and commissions: Cole Johnson,Apoorva Shah, and Roby Shrestha as Student Representatives to the Parks,Recreation and Natural Resources Commission to terms beginning October 2004 through May 2005; Jackie Beutell, Tara Degn, and Hojun Lee as Student Representatives to the Human Rights and Diversity Commission to terns beginning October 2004 through May 2005; Trevor Diddell,Katie Kunitz, and Benjamin Costello as Student Representatives to the Heritage Preservation Commission to terms beginning October 2004 through May 2005; and Casey Carlson,Evan Estrine, and Carly Hofstedt as Student Representatives to the Arts and Culture Commission to terms beginning October 2004 through May 2005. Motion carried 4-0. CITY COUNCIL MEETING September 21,2004 Page 6 XM. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mosman- Community Group Marketing Of Events Mosman said there was a group who recently requested the use of the City's electronic billboard and the council said it would look at the policy of how the electronic billboards are used and how the City uses other forms to advertise its community events. She said the City serves the community and if there are community groups that are serving the City, it would be good to find some type of an accommodating policy to help in marketing some of the events. She said the City has two electronic billboards, a website, direct ads in newspapers, an insert periodically in a newspaper; and large signs on corners for City events. She said the school uses the City electronic billboard through a partnership policy,but the school is not putting City events into forms of their advertising.Mosman suggested having staff look at a policy that could be inclusive as possible. Butcher said she thinks the policy could be broadened to say that there is benefit from the service group. She suggested designating one of the reader boards as the"service"one with more community information and the other to contain information that people request. Mosman said she would like to have an understanding as to whether the school events get priority over other things or if they are analyzed in another way. Tyra-Lukens reported that the City bought the electronic sign for City events and information and it's wonderful if it's not being used,to use it for those other things. She suggested 50%time for City events and 50% on a first come first served for reservations. Butcher asked if the Eden Prairie mall had plans to put up an electronic billboard. She suggested contacting the mall to see if there are still plans to do so. Neal said staff can look into it. Tyra-Lukens suggested monitoring of requests received to see how many the City is able to accommodate and see how big of a problem this is. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah reported that the first steps are being taken to initiate a Major Center Area Study. She said this is a major land use and transportation study of the area within and surrounding the Prairie Center Drive and CITY COUNCIL MEETING September 21,2004 Page 7 Valley View Drive ring roads, and includes a 1200 acre area. She said it involves approximately 42 intersections. Jeremiah said staff is looking for consulting help with the study and requests for qualifications were recently sent to a number of consulting firms. She said 20 interested consultants attended an informational meeting yesterday, and their responses are due Tuesday, September 28. In addition, Jeremiah said the City is simultaneously soliciting interest for citizens to serve on a task force to help guide the study. She said those citizens would include property owners within the study area,business owners and tenants, a variety of small and large retailers, a variety of residents to represent the senior rental population as well as the owner occupied homes recently constructed in the area, an apartment property manager, and a regional mall representative and Southwest Transit Agency representative. She said there is also interest in getting some at- large representation,perhaps a liaison from the Community Planning Board. She said hopes to bring recommendations for appointments to the task force before the council in October, and hopefully the consultant contract would be ready in November. She said the study is then expected to take nine months to provide a vision for the future of the area. Jeremiah said those interested in working on the study may contact her or David Lindahl,Economic Development Manger. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:33 p.m.