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City Council - 01/17/1995 AllNNUTTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 17, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, 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 Harris called the meeting to order at 7:35 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item M.A.2. Discussion on Changes at Eden Prairie Center Jullie added Item IV.F. APPROVAL OF 2ND READING OF REZONING ORDINANCE NO. 1-95-PUD-1-95 AND DEVELOPMENT AGREEMENT FOR GALARNEAU/SHADYOAKBUSINESS CENTER,Item IV. G.RESOLUTIONNO. 95-15 APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER. and Item IV. H. AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO SIGN THE ACQUISITION OF PROPERTY FROM SUPER VALU FOR THE FOURTH SITE FOR CITY LIQUOR STORE OPERATIONS. II. OPEN PODIUM M. MlN UTES A. JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMiVIISSION MEETING HELD TUESDAY, DECEMBER 20, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the Joint City Council/Flying Cloud Airport Advisory Commission meeting held Tuesday, December 20, 1994. Motion carried with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, January 3, 1995. Motion carried unanimously. City Council Minutes - 2 - January 17, 1995 C. CITY COUNCIL WORKSHOP HELD TUESDAY, JANUARY 10, 1995 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the City Council Workshop held Tuesday, January 10, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER NO. 2 FOR PIONEER PARK C. RESOLUTION NO. 95-12 APPROVING FINAL PLAT FOR LAKE EDENVIEW TOWNHOMES (located between Franlo Road and Medcom Boulevard) D. RESOLUTION NO. 95-13 APPROVING FINAL PLAT FOR SUMNIERFiFLD 3RD ADDITION(located at the Northeast Quadrant of Dell Road and TH 5) E. RESOLUTION NO. 95-14 DESIGNATING SMTC TRANSIT HUB PROTECT AS MUNICIPAL STATE AID PROTECT FOR THE PURPOSES OF INTERIM FINANCING F. GALARNEAU/SHADY OAK BUSINESS CENTER. 2nd Reading of Ordinance No. 1-95-PUD-1-95 for Zoning District Change from Rural to Office on 7.42 acres, Rural to Neighborhood Commercial on 3.74 acres, Planned Unit Development District Review on 18.4 acres and Adoption of a Resolution Approving Site Plan Review and Approval of a Developer's Agreement. G. RESOLUTION NO. 95-15 APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER H. AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO SIGN THE ACQUISITION OF PROPERTY FROM SUPER VALU FOR THE FOURTH SITE FOR CITY LIQUOR STORE OPERATIONS Jullie noted that the acquisition for the city liquor store is 1.77 acres on the Cub site at a cost of$7.00 per square foot. Case asked if the Council had previously approved the construction of another liquor store. Harris said the Council has reviewed this issue in workshop sessions and that the purchase of the property does commit us to some degree. The consensus was to put the discussion of City liquor stores on an upcoming workshop agenda. MOTION: Pidcock moved, seconded by Case, to approve items A - H on the Consent Calendar. Motion carried unanimously. City Council Minutes - 3 - January 17, 1995 V. PUBLIC HEARINGS/MEETINGS A. HARTFORD PLACE RETAIL AMENDMENT by Ryan Companies. Request for PUD Concept Amendment on 22.3 acres, PUD District Review on 22.3 acres, Zoning District Amendment in the Commercial Regional Service District on 22.3 acres, Preliminary Plat of 22.3 acres into 4 lots and Site Plan Review on 22.3 acres. Location: Prairie Center Drive and Prairie Lakes Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) MOTION: Jessen moved, seconded by Pidcock, to close the Public Hearing; and to return the development plans to the proponent without prejudice. Motion carried unanimously. B. CHALLENGE PRIlVTING by Challenge Printing. Request for Zoning District Change from Rural to I-2 on 2 acres, Zoning District Amendment within I-2 District on 4.52 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into 1 lot. Location: 7540 Golden Triangle Drive. (Ordinance for Zoning District Change and Zoning District Amendment and Resolution No. 95-16 for Preliminary Plat) Dave Bangasser, representing proponent, reviewed the project, noting that this is the same plan as was approved in 1993, except that the expansion has been increased to 72,000 feet. Enger said the Planning Commission recommended approval of the project on a unanimous vote at the December 12th meeting, subject to the recommendations of the Staff Report of December 9, 1994. He said the variance that is required for the project was approved by the Board of Appeals at their January 12, 1995 meeting. The Parks Commission did not review the project. Bangasser said they discussed the issue of revising the grading of slopes greater than 3:1 with Staff after the Planning Commission review, and reached agreement to work with Staff to establish approved means of vegetation on slopes greater than 3:1. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of an Ordinance for Zoning District Change from Rural to I-2 and Zoning District Amendment within the I-2 District; to adopt Resolution No. 95-16 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the change regarding 3:1 slopes agreed upon by proponent and Staff after Planning Commission approval. Motion carried unanimously. City Council Minutes - 4 - January 17, 1995 C. METRO PRINTING by Metro Printing, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres, Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres, Zoning District Change from Community Commercial to I-2 on 7.675 acres and Preliminary Plat of 20.15 acres into 2 lots. Location: Equitable Drive and Valley View Road. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Change,Resolution No.,95-17 for Comprehensive Guide Plan Change, and Resolution No. 95-18 for Preliminary Plat) Dave Bangasser, representing proponent, reviewed the project that will be developed in two phases in the Edenvale Corporate Park. He outlined the changes made to the project after review by the Planning Commission. Councilmembers questioned if the NURP pond for this project is located within the floodplain and if NURP ponds are permitted to run off under certain conditions. Bangasser said this NURP pond is not located in the floodplain, nor is it in a wetlands area. Lambert said that standards for NURP pond runoff allow . runoff after a 2.5 inch rainfall or greater. Councilmembers expressed concern about setting precedent in the location of the NURP pond. Lambert said the majority of the discussion at the Parks Commission review of the project dealt with the construction of the NURP pond within a conservancy easement. He said their approval was contingent upon the restoration of the slope and plant material. Enger said the Planning Commission also discussed the point about the NURP pond; however it does meet the national standards. He said they had discussed the changes to the western elevation that Mr. Bangasser reviewed. The Planning Commission recommended approval on a 6-0 vote at the December 12, 1994 meeting, subject to the conditions of the Staff Report of December 9, 1994. Lambert said the Parks Commission reviewed the project at their December 19th meeting and recommended approval, subject to the recommendations of the Staff Report, on a 5-1 vote, with Bowman opposed because of his concern with the location of the NURP pond. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing; to approve lst Reading of an Ordinance for PUD District Amendment, PUD District Review, and Zoning District Change from Community Commercial to I-2; to adopt Resolution No. 95-17 for Comprehensive Guide Plan Change; to adopt Resolution No. 95-18 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes - 5 - January 17, 1995 D. BROICH ADDITION by Robert and lean Broich. Request for Preliminary Plat of 3.21 acres into 2 lots. Location: 9041 Sunrise Circle. (Resolution No. 95-19 for Preliminary Plat) Mr. and Mrs. Broich addressed their proposal. Enger said the Planning Commission reviewed the project and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of December 9, 1995. The proposal was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution No. 95-19 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. CEDAR HILLS REGISTERED LAND SURVEY by Lynn L. Charlson. Request for Preliminary Plat of 196.27 acres into 4 tracts. Location: Spring Road. (Resolution No. 95-20 for Preliminary Plat) Enger said this request for registered land survey was precipitated by the City's proposal to acquire land from Mr. Charlson on the Minnesota River bluffs. He said the Planning Commission first reviewed the request at their December 12, 1994 meeting, and then recommended approval at the January 9, 1995 meeting, subject to the recommendations of the Staff Reports of December 9, 1994, December 21, 1994 and January 6, 1995. The Parks Commission did not review the request. Councilmembers expressed concern about the issue of billboards brought up at the first Planning Commission meeting. Lambert said that issue was the reason for continuing the request to the January 9th meeting. He said Mr. Charlson has agreed that, if the land changes hands or any part of the land is developed, he will agree to terminate the lease for the billboards and, further, that the lease will be for one year at a time. Pauly reviewed the legal issues concerning billboards, noting that the next item on the agenda addresses the issue of billboards. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to adopt Resolution No. 95-20 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes - 6 - January 17, 1995 F. ADVERTISING SIGN ZONE REMOVAL Ordinance amending Sec. 11.70 and repealing Sec. 11.71. Jullie said the proposed amendment will eliminate from the Zoning Code the existing Advertising Sign Zone which could possibly provide a future opportunity for additional billboards within the City. Councilmembers asked for clarification regarding the sections of the Zoning Code that were included in the packets, as it was not immediately clear which sections would be affected. Jean Johnson reviewed the sections of the code that will be amended and showed the present locations of billboards along 169 and 494 on a map. Councilmembers expressed concern about billboards that are on the Southwest Metro benches and about the statement that the purpose of billboards is to distract drivers which then causes a safety hazard. Enger said Southwest Metro Staff has asked the City to pursue the bench billboard issue as not being permitted on City right-of-way. He said the owner of the sign company has asked to appear before the City Council. Mike Cronin, representing Naegele, said they agree that the billboards in the river corridor are in the wrong place and that they have tried to find a place to relocate them. He said he disagreed that billboards create a distraction and are safety hazards, noting that a similar distraction occurs with the use of car phones, radios, etc. J. D. Martinez, representing the Hennepin County Prevention Center, said they are concerned with the content of billboards, especially advertising of liquor and cigarettes or advertising that promotes violence. Basil Wissner, 8293 Mitchell Road, said he was concerned about the lack of signage showing the address of businesses. Councilmembers questioned whether we have any limits on the content of advertising. Pauly said that restricting the content is very difficult. The consensus was to discuss the issue in a workshop session. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to approve 1st Reading of an Ordinance amending Section 11.70 and repealing Section 11.71 of the City Code. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Jessen, Pidcock, Tyra-Lukens and Harris voting "aye." City Council Minutes - 7 - January 17, 1995 VH. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS A. PRESENTATION BY CHAMBER OF COMMERCE REGARDING RESOLUTION SUPPORTING PROPERTY TAX REFORMS Lisa Sisinni, representing the Eden Prairie Chamber of Commerce, expressed concern about rising property taxes in the state of Minnesota and the adverse effect such increases have on the business community. She asked the Council to adopt the proposed Resolution regarding lowering business property taxes and finding alternative sources of revenue so that the tax burden would not simply be shifted to residential property. Councilmembers expressed concern about the possibility that by helping business we may be hurting the average citizen because the issue of who will pay is not clear. Sisinni said the purpose of the resolution is not to state what the solution should be, but to work on the funding alternatives. MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 95-21 supporting reforms in business property taxes. Motion carried with Case abstaining. IX. REPORTS OF ADVISORY BOARDS. COMIVIISSIONS & COMN TTEES A. REPORT OF TOBACCO ORDINANCE TASK FORCE Case said he believed the Task Force was able to bring some closure to the issue and asked representatives of both sides of the issue to present their perspectives. Rob Kessehing, representing the Eden Prairie schools, presented the non- smokers' perspective. He noted that the use of tobacco is a growing problem with teenagers, and that tobacco is a gateway to the use of other drugs. Dave Edquist, representing Super America and other Eden Prairie retailers, said they support the changes regarding displays; however, their concern is that they need to employ 16- and 17-year-olds in their stores, and this ordinance makes it difficult for them to do that. Councilmembers expressed concern about the inconsistency that allows 18-year olds to sell beer but not buy it, thereby sending a message of discrimination against 16- and 17- year-olds. Councilmembers questioned how the audible alarm system would work. Case explained the procedure, noting that this helps those retailers who may have only one employee in the store. He said most of the other stores can have two lines staffed, with one line selling tobacco products and staffed by an adult and the other without tobacco products and staffed by a 16 or 17 year old. City Council Minutes - 8 - January 17, 1995 MOTION: Case moved, seconded by Harris, to direct City staff to prepare an amendment to the City's Ordinance regulating the retail sale of tobacco-related products in the following manner: allow self-service merchandisers/displays only to dispense cartons of cigarettes provided that they: a) are shielded in such a manner as to permit only one carton in a column to be uncovered at any time; b) make an audible alarm when the carton is removed by the customer; and c) are in plain view of an adult employee and no more than a short distance (i.e., four to six feet) from a cash register. Motion,carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCHMEMBERS 1. Replacement process for vacant Council seat (term to expire 12/31/96) Case said he requested this item at the last meeting because it is important to address the process for filling the vacant Council seat so that the public does not have an incorrect perception of that process. Councilmembers agreed that it would be a waste of time and an extra expense to have another election since we have the results of the recent election to provide the candidates as well as voter guidance for filling the seat. Councilmembers also agreed to not invite applications from citizens at large. MOTION: Case moved, seconded by Pidcock, to adopt the process outlined in Option 2 of the Staff Memorandum of January 12, 1995, except that each Councilmember will nominate one person, and to direct Staff to prepare a Resolution relating to procedures for appointing a person to fill the vacant Council position formerly held by H. Martin Jessen. Motion carried with Jessen abstaining. Councilmembers then discussed the impact of Councilmember Tyra- Lukens' absence at the next meeting. City Attorney Pauly said he believed a majority of the quorum constitutes action, but he will check the requirements. City Council Minutes - 9 - January 17, 1995 2. Discussion on Changes at Eden Prairie Center Case said he has several concerns about the loss of a store of Carson's caliber from the Center. He asked if Staff is pursuing with officials of Dayton's and the Center the issue of putting a Dayton's store in there. Enger said they are trying to set up a joint effort between the Chamber of Commerce and the City to obtain an audience,with the upper echelon of Dayton's. He said we might want to pursue other companies such as Nordstrom's that have shown interest in increasing their presence in the metropolitan area. Councilmembers questioned the legal rights the City has to control occupancy of the Center. Enger said the City has no rights as long as the use is permitted. The consensus was that Staff should aggressively pursue all potential avenues to try to attract a Dayton's-type store to the Center. B. REPORT OF CITY MANAGER 1. 1995 Proposed Utilities Budgets Dietz reviewed the Staff memo of January 17, 1995, regarding the 1995 proposed utilities budgets. Dietz said they have adjusted rates on a four- year cycle to maintain some stability; however, they have been drawing down the reserves and now need to increase the rates. Councilmembers discussed what the optimum rate increase would be in order to keep the costs to the consumer as low as possible without causing a continued decrease in the reserves, and whether the Watershed District should help in the costs for the storm drainage and storm water utility study. Dietz said the Watershed District believes they are not an arena where they can guide policy and get involved in permitting. MOTION: Pidcock moved, seconded by Jessen, to approve the 1995 proposed utilities budgets as presented. Motion carried unanimously. 2. Discussion of Utility Rate Adjustment Dietz reviewed the Staff Report of January 17, 1995, which presented the points for discussion regarding water and sewer rate adjustments. Councilmembers discussed the proposed rate adjustments and reached consensus that they would be more comfortable if the figures were available regarding the actual costs and what adjustment will be needed to cover those costs. City Council Minutes - 9 - January 17, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue the discussion of utility rate adjustments to the February 7, 1995, meeting. Motion carried unanimously. C. REPORT OF DIRECTOR OF-PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. MWWEST ASPHALT, preliminary review of development and land alteration plans. Dietz said that Mr. Jullie, Mr. Enger and he met with a representative of Midwest Asphalt and they believe some progress is being made. He recommended continuing this item to the February 21, 1995 meeting MOTION: Pidcock moved, seconded by Case, to continue the review of Midwest Asphalt development and land alteration plans to the February 21, 1995, meeting. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS Mayor Hams and the other Councilmembers expressed appreciation to Councilmember Jessen for his years of service to the City. Mr. Jullie presented him with a key to the City. XIII. ADTOIIRNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:05 p.m.