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City Council - 11/23/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 23, 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 II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Item VI.L., a resolution accepting a gift of a house to do live fire training in; and requested revision of Item VI.D. regarding the city's phone contract with KMC. MOTION: Case moved, seconded by Young to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 9, 2004 MOTION: Butcher moved, seconded by Case to approve the minutes of the City Council Workshop held Tuesday,November 9, 2004. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 9,200 MOTION: Mosman moved, seconded by Young to approve the minutes of the City Council Meeting held Tuesday,November 9, 2004. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. _ADOPT RESOLUTION NO. 2004-158 RELATING TO $1,660,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1997B C. ADOPT RESOLUTION NO. 2004.159 COMPENSATION REVIEW AND AUTHORIZING MAYOR TO SUBMIT APPLICATION FOR SALARY CAP WAIVER FOR CITY MANAGER CITY COUNCIL MEETING November 23,2004 Page 2 D. ACCEPT PROPOSAL FROM KMC TO RENEW VOICE AND DATA SERVICE CONTRACT E. AWARD CONTRACT TO KEYS WELL DRILLING COMPANY FOR CONSTRUCTION OF WELL NO. 15 F. APPROVE EASEMENT AGREEMENT WITH EATON CORPORATION FOR WELL NO. 15 G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID,RECYCLABLE AND/OR YARD WASTEAND ADOPT RESOLUTION NO. 2004-160 APPROVING SUMMARY ORDINANCE H. ACCEPT PROPOSALS FROM BIENEK PROPERTY SERVICES FOR SNOW REMOVAL AT CITY CENTER AND THE DEN RD. LIQUOR STORE I. ACCEPT PROPOSAL FROM TAHER BUSINESS DINING TO PROVIDE FOOD SERVICE AT CITY CENTER AND ALLOW USE OF GARDEN ROOM FACILITIES FOR CATERING PURPOSES J. DECLARE OBSOLETE POLICE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. APPROVE SALE OF EXCESS UNUSABLE FURNITURE AND OFFICE EQUIPMENT THROUGH ANOKA-BIG LAKE AUCTIONEERS L. ADOPT RESOLUTION NO. 2004-161 ACCEPTING GIFT OF A HOUSE TO THE FIRE DEPARTMENT FROM DAVE DURST MOTION: Butcher moved, seconded by Mosman, to approve Items A-L of the Consent Calendar as amended. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. DAIRY QUEEN GRILL AND CHILL by Frauenshuh Companies. Request for Planned Unit Development Concept Review on .84 acres, Planned Unit Development District Review with waivers on .84 acres, Zoning District Amendment in the Community Commercial Zoning District on .84 acres, and Site Plan Review on .84 acres. Location: 8868 Aztec Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2004-162 for PUD Concept Review) City Manager Scott Neal said official notice of this public hearing was published in the November 11, 2004,Eden Prairie Sun Current and sent to 32 property owners. He said this project is a 5,500 square foot restaurant and the Community Planning Board voted 7-0 to recommend approval of the project at the October 25, 2004 meeting. He said screening of parking is required by code and the plan should be revised to provide a total of 20, 6-foot high, conifer trees, to be located adjacent to CITY COUNCIL MEETING November 23,2004 Page 3 Highway 212 and Aztec Drive. The revised landscape plan will be included with the developer agreement. Mosman asked if the conifers would be set back far enough so they would not get salt spray. Jeremiah said the details of the screening for the parking lot will be worked out before final approval and staff is not satisfied that there is a final plan at this time. There were no public comments. MOTION: Mosman moved, seconded by Case to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on .84 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Community Commercial Zoning District; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case commented that there were gasoline storage tanks located on this site and he heard they had been removed. He said a year ago there was believed to be possible leakage which might impact an open well and asked if this had been clarified. Jeremiah said the applicant is aware there may be some environmental issues on the property and staff just became aware of this today and is starting to explore the status. She said it is unsure whether Phase 1 is completed and whether those issues are addressed in that phase, but staff will look into this and make sure that any required mitigation will be part of the final approvals. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote with Butcher, Case,Mosman,Young and Tyra- Lukens voting "aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Cummins Grill House CITY COUNCIL MEETING November 23,2004 Page 4 Neal said this report is a follow-up to a discussion that the Council had at the workshop on November 9,2004. He said at that workshop there appeared to be a consensus among the council that the preferred outcome for the future of the homestead would be some kind of private commercial adaptive reuse of the home and the property along the lines of what was previously accomplished with Dunn Brothers Coffee at the Smith Douglas Moore House. Neal said parameters of that idea were discussed with the council and staff received a fairly coherent message from the council that that is the policy direction in which to proceed.Neal said staff should begin to look through various grant encumbrances covering that property as well as other granting and funding agencies and determine how to relieve ourselves of those encumbrances if possible. He said then staff could begin the process of identifying what the reuses are appropriate and potential parties that might be involved in reuse of the site, and then begin a process short of negotiating final agreements. Neal said he drafted this in the form of a motion to adopt tonight,but he is not sure a formal motion is necessary,but he believes it was a solid agreement among councilmembers that this is the preferred direction for this project. Case said he would prefer to have it on record as a motion. MOTION: Case moved, seconded by Mosman, to direct staff to prepare a plan for the private commercial adaptive reuse of the Cummins-Grill Homestead property which endeavors to preserve the historic nature of the property; minimize the City's future financial investment in the property; and increase the public's access to the property. Young commented that he has no problem if a commercial business were to come into this location and spend its own money to renovate it,but it is not right to describe it as along the same lines as the Smith Douglas Moore House because taxpayer dollars were spent to renovate that house before a commercial tenant came in. Young said he understood that the discussion was rather general and what would be requested was also very general. He said priority plans and formal motions would be a baby step away from spending taxpayer dollars and that causes concern. He said this is not a priority to him and is not something he thinks warrants a motion or formal plan. He said he thinks staff could accomplish what he would like to have done with that building without that specific level of direction and he cannot support it. Butcher said when there is a program that council wants to assess, especially if the city holds it, a plan is often created to help understand what the probabilities are for its future and she thinks a plan is a good idea. She said since the city has a commission that deals specifically with historic preservation, she thinks it would be great to get that input as well. CITY COUNCIL MEETING November 23,2004 Page 5 Tyra-Lukens said that she understands the wording of"preparing a plan" could be perceived as saying it's something the council is going to do versus looking into the possibility of whether or not private commercial adaptive reuse can be done and what the options are. She said it doesn't lock in to heading down a certain road and doing something specific with the Cummins Grill House. She asked Young if he does not want staff to look into this or if he just does not want something as definitive. Young said he has two levels of concern. He said staff does things every day that council does not need to direct them to do and to him the conclusion of the discussion at the workshop was that this fell into the category of things that they could look into without a motion or request to create a formal plan. He said he does not want to begin down a road without knowing where the conclusion is and this causes a doubt in his mind as to where the end point is. He said he will not support taxpayer funds to be used to renovate the house and worries that the wording will lead to that. Case said at the workshop it was discussed what the conclusion options are down the road and the three options were: 1. to tear it down and say we can't do anything with it, 2. to allow it slowly to fall apart which by default is to tear it down, and 3. to pursue some type of funding to preserve it and restore it with the goal to do it in as much of a private public partnership way with the least public dollars used. Case said that Young is suggesting to, by default, raze it because he has no plans to fund it. Case said the end result is that we would take care of this property as we would any investment that the city has today such as parkland,park infrastructure buildings, ice rinks, and any property that we would protect. He said how to do that is to have a plan. He said before doing anything with private dollars,we have to pursue the LAWCON grant being removed, otherwise we are at our own expense to pay for it completely and he is not in favor of that. Case said he is not in favor of neglect or by default allowing the home to fall apart. He said he believes that what has happened at the Dunn Brothers house is immensely supported by the public, so clearly there is some evidence to support the idea that people are not against what was done there and therefore,he would be in favor of doing something again that has a public private sharing component to it. Mosman said she understands the needs for different wording and she sees it as"plan of action"if you want to differentiate it from a paper plan. She said since she has been on the council she remembers several instances where when there was not a formal motion and it was not in the minutes,things have been forgotten by everyone. She said she would definitely support the idea of a motion because it was the consensus at the last workshop to go ahead with a motion. Neal suggested rather than"prepare it,"directing staff to investigate private commercial adaptive reuses of the Cummins Grill Homestead which is really CITY COUNCIL MEETING November 23,2004 Page 6 what staff will be doing. He said staff wants council to acknowledge that some money will need to be spent for legal, engineering, surveying, and appraisal work to prepare a plan like this. Butcher said she doesn't think the word plan is a loaded word. She said this is what we do when we have decision making to be done. She said what is important is the spirit of the discussion that was captured in the minutes and that is that we do need to look at options out there that would include a private contributor. Young said none of his earlier comments were directed against trying to remove the LAWCON grant for the property. He said to take the commercial success of the Dunn Brothers Coffee House and equate that into somehow a vindication of historical spending is a leap of faith. Motion carried 4-1 with Councilmember Young opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Acquisition of Property for Future Fire Station (Resolution No. 2004-163) Staff is seeking authorization to negotiate the acquisition of a 3.68 acre parcel located in the southeast corner of Dell Road and Linwood Court area for a new fire station development. The parcel will be acquired through purchase, or if necessary, through eminent domain. The Fire Department has been on a 5-year plan for the construction of its fourth and final fire station location. Southwest Eden Prairie has developed to a point where a more localized fire response base is needed. Numerous sites were explored in southwest Eden Prairie. This site has the benefits of being located on a major north/south artery with access to major east/west arteries. Additionally the site is located within close proximity to various types of residential housing, desirable for our volunteer staffing needs. Fire Chief George Esbensen gave a Power Point presentation on the process for acquiring the property, location of the property, layout of the fire station, and fire station coverage area. He noted that initially open spaces in southwest Eden Prairie were identified, sites were ranked and they are working on fire station requirements and exterior design.He said once they get through that process,they will be holding neighborhood meetings in the area and will also need to initiate a recruiting drive to increase staff from 75 to 95 firefighters to CITY COUNCIL MEETING November 23,2004 Page 7 support the fire station. He said then bid documents will be created and they hope to break ground in June of 2005 with completion by the first quarter of 2006. Esbensen said the plan is to purchase the entire parcel of 3.68 acres. He said MnDOT would need 1.29 acres for right of way for the TH312 project and the development of Miller Parkway and the fire station needs approximately 1.3 acres. He said the plan is to work with the developer to sell the remaining piece for some sort of commercial retail endeavor. Esbensen said this would take the city's net cost for the land down to about$500,000 from the initial purchase price of$1.9 million. Esbensen said the city is covered well except for the far northeast corner of the city, but an auto aid agreement with Edina covers the northeast section. Case asked if Eden Prairie would assist Chanhassen with the circle that covers the west. Esbensen said Chanhassen has already been in contact with us and is looking to use Eden Prairie as their auto aid because Settler's West will not have a fire station in their southwest corner. Neal noted that there were early discussions with the City of Chanhassen on the possibility of doing a joint facility together and their preferences for the location of their facility was far west compared to what was needed for Eden Prairie. Butcher asked if we bill Chanhassen when our city provides services. Esbensen said no and it is a cooperative agreement because we utilize services in their city. He said there would be issues if we were in their city for more than an eight-hour stretch at one time, we would be able to get in line for reimbursement for time and consumables. Butcher asked if there is an idea of what percentage of time we'd spend in Chanhassen so we would know how many of our resources are being used. Esbensen said it would be hard to say. He said so far this year they've been in our city eight times and we've been there twice. MOTION: Butcher moved, seconded by Case,to adopt the resolution authorizing the City Manager and or his designee and the City Attorney to acquire by negotiation or through the power of eminent domain the real property described as Outlot H, Hawthorne Addition of Eden Prairie, Hennepin County,Minnesota, for use as a City fire station. Motion carried 5-0. 2. Purchase Agreement for Property for Future Fire Station Rosow reported that David Lindahl has been primarily responsible for negotiating with the property owners and they have verbally agreed upon a price of$1.9 million. He said they do not have a copy of the agreement before us tonight but it will be delivered to them tonight if approved. He said the authorization is to request approval of the agreement with such changes other than price that would be approved by the officers signing the agreement. CITY COUNCIL MEETING November 23,2004 Page 8 MOTION: Case moved to approve Purchase Agreement between the Delegard's and the City for Outlot H,Hawthorne Addition of Eden Prairie, Hennepin County, Minnesota, with such changes, except for price, as are approved by the officers executing the Agreement and authorize the Mayor and City Manager to execute the Purchase Agreement. Seconded by Mosman, motion carried 5-0. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:38 p.m.