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City Council - 12/06/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 6, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL MEMBERS: Mayor Douglas Tenpas,Jean Harris, H.Martin Jessen, Patricia Pidcock and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert,Director of Public Works Gene Dietz, City Attorney Roger Pauly,and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:35 p.m. Councilmember Jessen was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tenpas asked that item VIII. C. be moved up to follow item IV. Pidcock added an announcement following approval of the Agenda. Julie added Item IV. O. RESOLUTION APPROVING FINAL PLAT FOR CITY WEST ACRES. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as submitted and amended. Motion carried unanimously. Pidcock announced that Cluts, O'Brien & Strother received an Award of Excellence from the Minnesota Retailers Association for their design of the new Bachman's facility. She also announced that Southwest Metro Transit has been asked to submit an application to a nationally- funded four-year demonstration project on reverse commute and noted that all of the others invited were center-city based. II. OPEN PODIUM Tom Gigowski, 7576 Carnelian Lane, expressed concern about the hiring practices of the City. He said he applied for a position with the City for which he was well qualified, and he has not yet received satisfactory answers to his requests for a copy of the City's hiring policy and details about the person who was hired. He said he thought the City should make available to the public a copy of the governing policies of the City, signed by the Mayor and City Manager, and copies of the Minutes of recent City Council meetings. CITY COUNCIL MINUTES 2 December 6, 1994 Gigowski said he was treated very rudely and has asked that disciplinary action be taken against one particular City employee. 7ullie said Staff had requested that the City Attorney review the situation and determine what information could legally be given to Mr. Gigowski. Assistant City Attorney Rosow said his office has reviewed Mr. Gigowski's request for information, has advised Staff what should be produced, and has reviewed the hiring process and determined that it was fair and equitable. 11I.MMUTES A. CITY COUNCIL MEETING HELD TUESDAY NOVEM 3ER 15, 1994 MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the City Council meeting held Tuesday, November 15, 1994, as submitted. Motion carried unanimously. B. TRUTH-IN TAXATION HEARING HELD TUESDAY, NOVE BER 29 1994 MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the minutes of the Truth-In-Taxation Hearing held Tuesday, November 29, 1994. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RECOMMENDATION ON PARK DEDICATION FEES FOR 1995 C. RESOLUTION NO. 94-194 ON TAX FORFEITED LANDS D. RESOLUTION NO. 94-195 APPROVING FINAL PLAT FOR BELL OAKS 6TH ADDITION (located south of Riverview Road) E. REQUEST AUTHORIZATION TO PURCHASE VOLLEYBALL STANDARDS F. APPROVAL OF CHANGE ORDER NO. 1 FOR DELL ROAD FROM MAGENTA BAY/WEST 82ND STREET TO LINWOOD COURT I.C. 94- 534E G. RESOLUTION NO. 94-196 APPROVING FINAL PLAT FOR BELL OAKS 7TH ADDITION CITY COUNCIL MINUTES 3 December 6, 1994 H. CITY TO ACT AS FISCAL AGENT FOR THE AFTER 5 VOCAL GROUP I. MCDONALDS PLAYLAND ADDITION 2nd Reading of Ordinance No.47-94- PUD-10-94 for PUD District Review and Zoning District Amendment on 1.5 acres and Adoption of a Resolution Approving Site Plan Review for McDonalds Playland Addition. Location: Prairie Center Drive and Highway 169. (Ordinance No. 47-94-PUD-10-94 for PUD District Review and Zoning District Amendment and Resolution No. 94-197 for Site Plan Review) J. LAKE EDENVIEW TOWNHOMES 2nd Reading of an Ordinance No. 48-94 for Rezoning from Rural to RM-6.5 on 2.6 acres and Adoption of Resolution No. 94-198 Approving Site Plan Review on 2.6 acres for Lake Edenview Townhomes; Approval of a Developer's Agreement for Lake Edenview Townhomes by Thompson Land Development. (Ordinance No.48-94 for Rezoning from Rural to RM 6.5 and Resolution No. 94-198 for Site Plan Review) K. BEST BUY EXPANSION 2nd Reading of Ordinance No. 46-94-PUD-9-94 for PUD District Review on 27.8 acres with a waiver to allow for the percent of office space allowed within the I-2 Zoning District to exceed 50% and Zoning District Amendment in the I-2 Industrial Zoning District on 27.8 acres and Adoption of a Resolution Approving Site Plan Review on 27.8 acres for Best Buy Expansion and Approval of a Developer's Agreement for Best Buy Expansion by Best Buy Corporation, Inc. Location: 7075 Flying Cloud Drive. (Ordinance No.46-94-PUD-9-94 for PUD District Review and Zoning District Amendment and Resolution No. 94-199 for Site Plan Review) L. REQUEST FROM A LOCAL ART BROKER TO PURCHASE THE J.R. CUNM NS HOMESTEAD PRINT AT WHOLESALE FOR THE PURPOSE OF RESALE M. APPOINTMENT OF AUDITORS FOR 1994 FISCAL YEAR N. RESOLUTION NO. 94-200 DESIGNATING RESPONSIBLE AUTHORITY FOR DATA PRACTICES O. RESOLUTION NO. 94-201 APPROVING FINAL PLAT FOR CITY WEST ACRES Pidcock asked if item E could be postponed in order to reduce current expenditures. Lambert replied that this project has to be done now during the construction phase or it cannot be done at all. Pidcock said she would recommend that item L be turned over to the Arts Commission with a reminder that they should try to get the prints sold. Lambert said we have over half of the original 1000 prints remaining after eight years. He said the Heritage Preservation Commission has reviewed this and recommends that we use this means of selling the print. CITY COUNCIL MINUTES 4 December 6, 1994 MOTION: Pidcock moved, seconded by Hams, to amend item L of the Consent Calendar to limit to 100 the number of prints to be sold to the broker. Motion carried unanimously. Harris questioned increasing park dedication fees by only 5% when compared to the amount charged by Chanhassen. Tenpas said he thought it was important to balance the ultimate costs to homebuyers with the revenue from park dedication fees. MOTION: Pidcock moved, seconded by Harris, to approve items A. - K, amended item L, and items M - O of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUPER VALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135.4 acres. Location: North of Valley View Road, between Highway 212 and I-494. (Resolution for PUD Concept on 135 acres) Tom Ryan, representing Super Valu, and Myles Lindberg, representing BRW, reviewed the project. Ryan said the project presented tonight is not ideal for them but would work and represents a balance between Super Valu and the neighbors. Enger said the Planning Commission reviewed this project on August 22, September 26, October 24, November 14 and November 28, and recommended approval of the request for PUD concept review based on the plans dated November 23, 1994, and the recommendations of the Staff Report of November 241 1994. He reviewed the recommendations included in the Staff Report. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at the December 5, 1994, meeting and recommended approval on a 5-1 vote, per the recommendations of the Staff Report and the further recommendation that the proposed scenic easement be designated at this time. He noted that the Commission expressed concern about the long-term PUD plan with no timetable for completion and the enforcement of the tree replacement ordinance, and serious concern about disturbing the landmark, "Old Baldy". Mark Omlie, 6661 Beach Road, said Super Valu has tried to work with the neighbors on this project; however, he has concern with the effect the two buildings to the north will have on the view from Bryant Lake Regional Park. He asked that those buildings be lowered to three stories unless it can be shown that they do not impact the view from the park. CITY COUNCIL MINUTES 5 December 6, 1994 Kent Molde, 6961 Beach Road, was concerned that the sight lines for the northern elevation were not available tonight as he had requested at the last Planning Commission meeting. He said he had contacted the architect for Hennepin County Parks who said they were not aware of the process going on with this project and that they were very concerned. Damon Fabor, landscape architect representing James Duncan, expressed concern that any effort to save more of "Old Baldy" would make the parking deck more visible to the property owners. James Duncan, 11208 Willow Road, said many of the neighbors are pleased with the compromise plan that has been reached. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; Motion carried unanimously. Councilmembers questioned how much of"Old Baldy"is being iemoved, whether the possibility of a three-story parking lot was explored, and why this is being requested as a concept at this time. Lambert said "Old Baldy" will be lowered about 30 feet; however, tree plantings will compensate for some of the loss in height. Lindberg said the cost of a three-story parking lot would be prohibitive. Ryan said they need to be in a position to have more space for people when it is needed, although they do not have a timetable for construction. Councilmembers expressed concern about approving a project that will sacrifice a major landmark in the community and jeopardize the terrain. MOTION: Harris moved, seconded by Tenpas, to adopt the Resolution approving the PUD Concept Plan; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including the recommendation of the Parks Commission regarding dedication of the easement. Motion failed with Tyra-Lukens and Pidcock opposed. Enger noted that the original plan from Super Valu did not cut down "Old Baldy"; however, it did propose an eight-story building which was not acceptable to the neighbors. He said this plan represents a good compromise since it includes over 70% of the property in a scenic easement and does not request the full 1.4 million square feet of office space that could be built on this property by City ordinance. Councilmembers discussed the merits of continuing the discussion to allow time for sight lines to be prepared and to allow Councilmember Jessen to have input to the decision. MOTION: Pidcock moved, seconded by Tyra-Lukens, to reconsider the motion. Motion carried unanimously. CITY COUNCIL MINUTES 6 December 6, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue this project to the December 20th meeting. Motion carried unanimously. B. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots, one outlot and road right-of-way. Location: County Road 4 and Pioneer Trail. (Ordinance for Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) 7ullie said this project has been withdrawn. C. OUTDOOR SALES AND DISPLAY Enger said that, after the Planning Commission recommended no change in the Outdoor Sales and Display Ordinance, the Council directed Staff to draft an amendment to regulate more clearly the outdoor display code. He said the draft amendment divides outdoor display area into two categories--temporary outdoor display area of 2% of the floor area of the building, and permanent outdoor display area of 6% of the floor area of the building. It also defines "temporary" as 60 days or less per year and allows a small amount of the outdoor display to be on the existing parking area. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to approve the 1st Reading of the Ordinance to amend the City Code section relating to Outdoor Storage and Display. Motion carried unanimously. D. VACATION 94-15 - VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET (Resolution) (Continued from November 15, 1994) MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue this Hearing to the December 20, 1994, meeting. Motion carried unanimously. E. VACATION 94-16- VACATION OF RIGHT-OF-WAY FOR OLD SHADY OAK ROAD (Resolution) Steven Pavelka, representing his mother who resides at 6324 Shady Oak Road, questioned whether there will be appropriate signage for the road so that his mother's driveway does not continue to be used as a turn around. Dietz said they would be glad to work with the Pavelka's on the details of the signs; however, once the road connection is made there won't be a need for a turn around. Rosow noted that this easement should be amended to except out two temporary easements. CITY COUNCIL MINUTES 7 December 6, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to adopt Resolution No. 94-202 vacating part of Old Shady Oak Road, with the two temporary easements excepted, as noted by the City Attorney. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Pidcock, Tyra-Lukens and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 94-203 ADOPTING THE 1995 TAX LEVY AND 1995 BUDGET In response to the concerns expressed at the budget hearing, Jullie said Staff is recommending that certain items be frozen pending the results of a budget projection scheduled to begin shortly. The total amount of those items is $400,000. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 94-203 Certifying the Property Tax Levy and Adopting the 1995 Budget. Motion carried unanimously. B. SHADY OAK RIDGE 4TH ADDITION 2nd Reading of an Ordinance for Zoning District Change; Approval of a Developer's Agreement for Shady Oak Ridge 4th Addition by Joe Ruzic. Location: Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change) Enger said the Council requested that 2nd Reading of this item be included as a separate Agenda item in order to review the final conditions of the rezoning. He said the City Attorney has advised that the City may not require that Mr. Ruzic remove the existing metal garage, and the Developer's Agreement does not include an agreement that the building will be removed. Enger said the Council had asked that the records be researched for any previous agreements regarding this property. That research determined there was a previous agreement to remove the building; however, that project was never brought to the City Council for a vote, so there is no binding agreement regarding the building's removal. MOTION: Harris moved, seconded by Pidcock, to approve the 2nd Reading of of Ordinance No. 49-94 for Zoning District Change and to authorize execution of the Developer's Agreement for Shady Oak Ridge 4th Addition. Motion carried unanimously. CITY COUNCIL MINUTES 8 December 6, 1994 VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FOR SKATING RINK AT PHEASANT WOODS PARK Lambert said the Parks Commission recommended approval of this skating rink at their December 5th meeting on a 6-0 vote. He said the neighborhood near Pheasant Woods Park petitioned for the rink, it is outside the two-mile radius of any other rink, and the long range plans for this park include a winter skating facility. MOTION: Pidcock moved, seconded by Tyra-Lukens, to authorize a skating facility to be provided at Pheasant Woods Park. Motion carried unanimously. B. REQUEST FROM SEVER PETERSON TO PURCHASE A PORTION OF CHARLSON PROPERTY Lambert said Mr. Peterson wants to purchase two small parcels of land on the Charlson property that the City is in the process of acquiring. He said the Parks Commission reviewed the request and voted 6-0 to deny the request. One of the major concerns of the Commission was the proximity of this property to the nature conservancy area and what possible future uses might be made of this property. Sever Peterson, Spring Road and Hwy. 169, showed an aerial photograph of the land, noting that the two parcels have been used by his family for years and are essential to his home site as well as continued access to a portion of his property. Councilmembers questioned the total area covered by the two parcels. Peterson said he had originally asked to purchase an additional amount of land as a buffer; however, his current request is for a total of approximately .85 acres. MOTION: Pidcock moved, seconded by Harris, to amend the purchase agreement with Mr. Charlson to grant Mr. Peterson's request to purchase the two small parcels of land as presented. Motion carried unanimously. C. REQUEST AND REPORT BY THE EDEN PRAIRIE RETAILERS REGARDING THE EDEN PRAIRIE RETAIL TOBACCO ORDINANCE Dave Edquist, representing Super America, and Terry Johnson, representing Snyder Drugs, presented concerns of the Eden Prairie Retailers regarding the status of the tobacco ordinance, particularly the provision prohibiting the sale of tobacco products by anyone under the age of 18 and the recommendations regarding accessibility. The retailers are requesting that 16 and 17-year olds be allowed to sell tobacco products when an adult is present to supervise and that the recommendations regarding accessibility be phased in over several years in order to accommodate those establishments that will have to remodel in order to comply. The retailers are finding it increasingly difficult to find employees in the City who want to work and are 18 years of age or over. CITY COUNCIL MINUTES 9 December 6. 1994 Tenpas said the Tobacco Task Force has not completed their study and recommendations regarding the ordinance. He said they have not yet received the information they asked the City Attorney to research and, in addition, there are a lot of issues remaining to be discussed and researched before they can bring back a recommendation. Dr. A. C. Lundgren, 8500 Montgomery Court, was concerned that the retailers' requests are being driven by revenue needs and he asked the Council to stand fast with the present ordinance. Rob Kesselring, Chemical Health Coordinator for Eden Prairie schools, said tobacco use is a severe problem at the High School and Middle School and surveys show we have a higher than average use of tobacco among 5th, 9th and 12th graders. He said the City's attempts to reduce the availability of tobacco to young people should be applauded because it is landmark legislation. He said it is not appropriate for a 16 year old to sell something that he is not allowed to purchase. Councilmembers expressed concern about the self-service displays with alarm bells serving the same purpose as placing the products behind a service counter, the unresolved questions about fines and fees, and the timing of the Task Force recommendations. Tenpas noted that self-service displays are not recommended as a long-term solution, that the task force had asked the City Attorney to research some questions regarding fines and fees, and that they had planned to return with their recommendations by February, 1995, but that process might be moved up. The consensus was to request the Task Force to speed up their proceedings. MOTION: Harris moved, seconded by Pidcock, to continue this item to the December 20, 1994, City Council meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COAI IITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT CITY COUNCIL MINUTES 10 December 6, 1994 E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Accept Proposal for a Pavement Management System from Braun Intertec, I.C. 94-5351 Dietz said there is$80,000 in the budget to pay for this proposal;however, it could be funded from the City's Municipal State Aid account rather than the General Fund. He said they are recommending Braun Intertec to develop the system because their proposal was superior to the others submitted, particularly in terms of training and the use of non-proprietary software. It MOTION: Pidcock moved, seconded by Tyra-Lukens, to authorize execution of a contract for I.C. 94-5351 with Braun Intertec. Motion carried unanimously. 2. Award Contract for Intersection Reconstruction and Traffic Signals at Anderson Lakes Parkway and Preserve Boulevard, I.C. 94-5349 (Resolution) MOTION: Pidcock moved, seconded by Harris, to adopt the Resolution No. 94-204 Awarding the Contract for I.C. 94-5349. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS Pidcock said the League of Minnesota Cities Insurance Trust has notified us that we will be receiving a refund of$89,500. XHI. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Tenpas closed the meeting at 10:20 p.m.