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City Council - 03/19/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 19, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL AVIEMRERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson ROLL CALL Mayor Hams called the Council Meeting to order at 7:40 p.m., following the meeting of the Housing &Redevelopment Authority. Councilmember Thorfinnson arrived late. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1. Donations. Jullie said item N.E. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SUNNYBROOK ROA IMPROVOYIENTS AND ORDER RTI . NT should be deleted from the Consent Calendar. Harris added item XI.B.La. Telecommunications PIa Wing- H. OPEN PODNM Jim Butler, 7765 Carnelian Lane, reviewed his letter to the Council regarding a problem with one of his neighbors. He distributed photographs of the property. He is opposed to issuing the kennel license that the owner of the property has requested because the property is not large enough to house four dogs. He expressed concern about safety issues caused by the large bus with a trailer that parks alongside the property and by the fence that encloses the property being too close to the sidewalk. Deb Hoeve, 7775 Carnelian Lane, was concerned about the same issues. She and the other neighbors do not like to hear the dogs barking all hours of the day and night. Pidcock asked if they have talked to the dog owners about using the collars that are available for behavior modification. Ms Hoeve said she has not seen collars on the dogs, and the owners do not walk the dogs. Mark Hoeve, 7775 Carnelian Lane, said the dog owners should not receive a kennel license because their property is completely surrounded by other residences. Pidcock said she thought there had to be a certain minimum amount of area in order to get CITY COUNCIL MINUTES March 19, 1996 Page 2 a kennel license. Butler said he understood the ordinance requires not less than 2000 square feet, and the fence is in violation of setback requirements. Tyra-Lukens asked if all neighbors are notified and given an opportunity for input when an application for a kennel license is being considered. Jullie said it has been quite a while since a kennel license was issued; however, they would notify the neighbors at the time it comes to the City Council for approval. Thorfinnson arrived at 7:50 p.m. Jullie said staff has had discussions with Mr. Lundstrom who says that the bus is no longer kept at their home except to load or unload for a period of 20-30 minutes. Staff is still considering whether the weight of the bus would be in violation of City Code. Staff was informed that the owners have purchased and are using the electrical collar on the dogs, and the use of such collars could be made a part of the kennel license procedure. Harris said the fence does abut the sidewalk. Jullie said the fence may have been built prior to the ordinance; however, Mr. Lundstrom seems to want to work with us. Harris said she thought the situation requires monitoring and that there is a lot of information to be gathered. She asked staff to investigate the situation and return to the Council with more information at the next meeting. M. AIENUTES IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO, 96-46 AND RESOLUTION NO, 96-47 SETTING SAT OF GENERAL OBLIGATION REFUNDING BONDS IN THE TOTAL AMOUNT OF$4,6800000 FOR APRIL 211996 C. BLUFFS EAST 16TH ADDITION - LOT 1, BLOCK 1 by Hustad Land Company. 2nd Reading of Ordinance 11-96 for Zoning District Change from RM- 6.5 to R1-13.5 on 0.4 acres and Approval of a Supplemental Developer's Agreement for Bluffs East 16th Addition by Hustad Land Company. Location: Franlo Road and Normandy Crest. (Ordinance 11-96 for Zoning District Change) D. RESOLUTION NO. 96-48 AWARDING CONTRACT FOR BIRCH ISLAND ACRES 2ND ADDITION, I.C. 96-5396 E. RESOLUTION APPROVING PLANS AND SPECMCATJONS FOR SUNNYBROOK ROAD IMPROVEMENTS AND O ER ADVERTISEMENT FOR BIDS, I.C. 94-5363 (Item deleted) CITY COUNCIL MINUTES March 19, 1996 Page 3 F. RESOLUTION NO, 96-49 RECEIVING 100% PETITION FROM THE SCHOOL DISTRICT FOR MEROYEAMM AT CSAH 41MGH SCHOOL ENTRANCE, I.C. 96-5404 G. RESOLUTION NO, 96-50 APPROVING FINAL PLAT FOR ANDERSON LAKES CENTER 3RD ADDITION Qocated west of TH 169,adjacent to Aztec Drivel H. RESOLUTION NO, 96-51 APPROVING FINAL PLAT FOR BEARPATH GM ADDITION(located north of Lake Riley Road and adjacent to the Eden Prairie/Chanhassen border) I. 2ND READING OF ORDINANCE NO, 12-96 AMENDING CITY CODE CHAPTER 6, BY AMENDING SECTION 6.06, SURD. 5, RELATING TO THE PLACEMENT OF SNOW OR ICE IN A PUBLIC RIGHT-OF-WAY J. RESOLUTION NO. 96-52 APPROVING PLANS AND SPECIFICATIONS FOR TECHNOLOGY DRIVE WATERMAIN EAMOV AlENTS BETWEEN MITCHELL ROAD AND PURGATORY CREEK, I.C. 96-5399 MOTION: Tyra-Lukens moved, seconded by Case, to approve items A-D and F-J of the Consent Calendar, with item E deleted. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST CROSSING HOTEL by BTO Development Corporation. Request for PUD Concept Review on 109 acres, Planned Unit Development District Review on 7.25 acres, Zoning District Amendment, Site Plan Review on 7.25 acres and Preliminary Plat of 7.25 acres into 3 lots. Location: Viking Drive and Prairie Center Drive. (Ordinance for Zoning District Amendment and PUD District Review, Resolution 96-53 for Preliminary Plat and Resolution 96-54 for PUD Concept Review) Myles Lindberg, representing BTO Development Corporation, reviewed the project which will include two hotels and a restaurant. Case asked if we would take cash payment should the Corps of Engineers have a problem with the NURP pond. Jullie said we would try to work that out. Enger said the Planning Commission reviewed the project at the February 26, 1996, meeting, and recommended approval on a 7-0 vote. He noted there is a typographical error on the paperwork. The project is 7.25 acres, not 2.25 acres. He reviewed the variances and waivers that must be approved by the Board of Adjustments and Appeals. He noted the project was not reviewed by the Parks, Recreation &Natural Resources Commission. CITY COUNCIL MINUTES March 19, 1996 Page 4 Pidcock asked Enger to point out where the trails are around the project. Enger said there is a trail along Prairie Center Drive and a sidewalk on Viking Drive. Tyra-Lukens asked whether the Amerisuites building is 67-1/2 feet or 68-1/2 feet because both figures are given in the packet information. Lindberg said 68-1/2 feet is correct. Tyra-Lukens then asked if the offset sign allowed for one of the hotels is something that we have done before. Enger said this is not the norm; however, a similar situation exists at Hampton Inn and the Marriott. He said property on a corner lot like this would normally be allowed a second sign on the second frontage. In this case they have been laid out to meet setback requirements and are placed 300 feet apart. Thorfinnson asked how the sidewalks will be accessed internally from the project as he thought that is a critical consideration. Lindberg said that was a fair observation and connection out to the trails would be a good idea. Enger said staff would review the proposed internal connection to the trail system as soon as proponent provides that information. There were no comments from the audience. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing; to adopt Resolution No. 96-54 for Planned Unit Development Concept Review on 109 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment on 7.25 acres; to adopt Resolution No. 96-53 for Preliminary Plat of 7.25 acres into 3 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the condition regarding the connection to the trail and sidewalk system. Motion carried unanimously. B. SHORELAND ORDINANCES Review of the revised 1995 Shoreland Management code. The amendment includes: 1) New Statewide standards for "management of Shoreland Areas". 2) Reorganization of portions of the Shoreland Management code. Existing code was approved by the City in 1982. Jullie said the Council is being asked to approve the revised Shoreland Management portion of the City Code, Section 11.50. The Minnesota Department of Natural Resources adopted revisions to the State Shoreland Management rules on June 3, 1989. As part of the revised State rules, local governments are required to adopt a Shoreland Code or amend their existing Code to be in substantial compliance with the new State rules. The City's present Shoreland Code was adopted in 1982. Prior to that time, we used the DNR model Code and City's draft Code to review development proposals around water bodies and creeks. Jullie reviewed the proposed changes as described in the staff report of March 19, 1996. Enger said the Planning Commission recommended approval of the proposed CITY COUNCIL MINUTES March 19, 1996 Page 5 revisions at its meeting on February 26, 1996. The Parks, Recreation &Natural Resources Commission recommended approval at their March 18, 1996 meeting. The Board of Adjustment & Appeals recommended approval at their meeting on March 14, 1996. Pidcock asked if development currently under way will be impacted and, if so, have the developers been notified. Enger noted that development should be positively affected by the final adoption of this ordinance because we will now have more local control, and all items will not have to go to the state DNR as they have for the last three years. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinances amending City Code, Chapter 11, Section 11.50, entitled "Shoreland Management", and adopting by reference City Code, Chapter 1 and Section 11.99. Motion carried unanimously. C. VACATION 96-03: VACATION OF STREET RIGHT-OF WAY OF A PORTION OF KU_R_TZ LANE WITHIN PAF_K_O ADDITION (Resolution 96- 55) 7ullie said this vacation will eliminate possible overlap problems when the replacement right-of-way is dedicated. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing; and to adopt Resolution No. 96-55 vacating the right-of-way for part of Kurtz Lane within Pafko Addition. Motion carried unanimously. D. VACATION 96-04: VACATION OF DRAINAGE EASEMENT WITH TANAGER CREEK AND TANAGER CREEK 2ND ADDITION (Resolution 96-56) 7ullie said this drainage easement is no longer needed. Case was curious why this wasn't picked up in the development review. Dietz said we rely on the owner's surveyor to check the records for easements, and usually such easements are found the first time a house is sold and a title search is conducted. Case asked if the liability falls on the homeowner or on the City. Dietz said it is not really a liability because the easement is no longer needed. He said there would be an errors and omissions claim against the surveyor for having missed it. CITY COUNCIL MINUTES March 19, 1996 Page 6 There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to adopt Resolution No. 96-56 vacating the drainage easement located within Tanager Creek and Tanager Creek 2nd Additions. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case,Pidcock, Thorfmnson, Tyra- Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VM. FETITIONS, RFQUESTS AND COMMUNICATIONS A. REOJI ST BY Gl NERAL GROWTH FOR APPROVAL.OF CONCEPT OF CITY'S PARTICIPATION IN THE RENOVATION OF THE VnF.N PRAIRIE CENTER Jullie noted that the Council continued the request for concept approval to the March 19, 1996 Council meeting. Staff has had additional meetings with proponents and prepared the staff report dated March 13, 1996. Bill Mosten, representing GGP, Inc./Homart, gave an update on the timelines involved. They plan to begin construction sometime in the fall with the anticipated completion date to be the fall of 1998. He reviewed the events needed to bring back a complete redevelopment document in June or July with more design drawings. Pidcock asked if they plan to close the Center down during construction. Mosten said they do not plan to do that because it would be a real problem. They will work around the current tenants. Pidcock asked if the tenants will be reimbursed for loss of business. Mosten said every situation is different and they will deal with that if it occurs. Pidcock asked if they have plans to have service-type businesses included in the renovation plans, because her discussions with major shopping center owners indicate that such businesses have been missing from Eden Prairie Center. Mosten said they have an aggressive leasing staff who will be put on this project, and they believe that if they can create the critical mass of department stores, we will get the others. CITY COUNCIL MINUTES March 19, 1996 Page 7 Pidcock said she thought we also need tenants like shoe repair shops, restaurants and hair salons. Mosten said their leasing staff is actively working on bringing in three to five full service restaurants as part of the entertainment portion of the mall. He said the Mall of America is a strong statement of how that can succeed. Pidcock asked if there will be an opportunity for schools to perform concerts. Mosten said there will be, and they encourage those types of activities. Thorf nnson said it is clear this is in a very preliminary stage, and it is important to stress that we are being asked to okay the concept only so that proponent can go out and recruit tenants. He said he has heard a lot of concern about putting more money into the Center, but proponent has put a lot of work into the project and obviously wants to see the results of that hard work. Harris said there is a guarantee that we would get back the$10 million of City financing. Case said he was sensitive to Thorfinnson's concerns; however, he believes this project shows that pieces of the downtown puzzle are coming together. Thorfinnson said he would be very happy if this project comes together the way it is proposed; however, he does not want us to spend another 19 years figuring out what is wrong. Case commented that he was not sure we have an alternative. Mosten noted that the improvements will be in place prior to the issuance of the $10 million in public funding. Thorfinnson said he wanted to make sure that people understand the point we are at. Bill Stern, a resident of Plymouth, described a patented system he designed for a safe and secure parking system. He thought such a system would make this a more successful project. Harris suggested he discuss his system with staff and the developer. Richard Giglio, 9460 Club House Road, said before we put money into this renovation he wanted to know what track record the developer has in developing large malls. Mosten said they have in excess of 150 major regional shopping centers throughout the country and have done a number of mall renovations including the Southdale renovation. 7ullie said the project would involve the sale of bonds and the tax increments generated would provide the debt service. There will be guarantees that the stream of payments in terms of tax payments will be coming to pay the bonds off. Giglio noted it would have been helpful to have this explained. Pidcock said there are strict guidelines that all municipalities must follow if they decide to set up a TIF district. Giglio said he would like to have more information. Harris suggested that the Eden Prairie news media provide additional information regarding how the renovation will be financed. CITY COUNCIL AEUMTES March 19, 1996 Page S MOTION: Pidcock moved, seconded by Case, to approve the concept of the City of Eden Prairie's investment in the renovation of the Eden Prairie Center with Tax Increment Financing, and to direct the City staff to work with GGP, Inc./Homart to develop physical space plans and a Tax Increment Financing Plan according to the March 13, 1996, Eden Prairie staff memorandum. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPODUMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCHMEMBERS 1. Donations Pidcock asked staff to develop procedures to be followed when citizens want to give donations to the City. Jullie said staff will review the issue. Case wondered if this might be similar to the procedures for donation of small items such as historical artifacts. Pidcock said she thought it would be a good idea to develop some general process to follow as to how to accept the donation and who should be responsible for accepting it. Tyra- Lukens noted that the School District deals with this issue all of the time. B. REPORT OF CITY MANAGER 1. Status Report and Demonstration by LOGIS on the City's Internet Hook-up Jullie said that, as requested by the Council, staff has prepared a status report on the City's Internet hook-up and the establishment of a "Home Page" on the World Wide Web. Mike Gards, Executive Director of LOGIS, reviewed the services provided by LOGIS. He presented a video on the Internet and presented a cost analysis of sharing services on LOGIS with other cities versus providing the service on our own. Case thought we have to proceed with this. He thought we should hook-up with LOGIS but we have the expertise to design our own "Home Page." He thought we might consider using the School District system while we are developing our own Home Page and suggested legal staff clarify the issues regarding using the School District. CITY COUNCIL MINUTES March 19, 1996 Page 9 Tyra-Lukens thought that approach made sense. She asked if there is a way to know how frequently the site is accessed. Garris said you can put a counter on it and that could be designed with the home page; however, tracking information on who is accessing the home page would require capturing the IP address. Tyra-Lukens thought that would be essential to determine if it should be continued. She asked if we would have additional security for the rest of our information system if we go through LOGIS rather than the School District. Gams said his organization is very concerned about administering and managing all the technology. He suggested that it be structured as a cross reference so that the School District puts in a link to the City and the City puts a link to the school. Harris asked if there would be additional cost for the number of applications that go on. Garris said the cost will not increase based on the number of things done on the net through LOGIS; however, the cost will vary depending on the number of pages developed and how many functions are put into the pages. He said LOGIS would rather not be involved in the development of pages. They would provide the access and the server that allows us to communicate the information. Thorfinnson said the real implications are huge compared to the dollar amounts to get it running. Once we are on line, we need to think through the process of how we will handle the responses we get. The issue of security is a very big one. Harris said we need to think through our information needs for internal staff use and for citizens. Pidcock said her thought was to provide a convenience to citizens who could use it here and at the same time provide a source of revenue to us. Harris noted there are costs associated with the maintenance as well, and we do not have a large staff to deal with all this. Case suggested that we need a generalized game plan on how this could be used, including the different options with figures on costs and savings. He said he did not have a problem with specifying limited use for now and have staff develop the procedures for limited use and also what the long term possibilities are. Gams said there are two considerations: deciding what to provide; and approving access to the Internet so that City staff can research information available and take advantage of the mail services. Julie said the idea of going with LOGIS is probably the correct approach, but we need more clarification on what the applications will be. He suggested that we would start small with E-Mail and work on other things CITY COUNCIL MINUTES March 19, 1996 Page 10 that staff would have the capability to develop. The LOGIS service has an initial cost of $2,00043,000, plus an annual fee of about $2,000. We could work with the School District to create our Home page. This would involve some staff time but he thought it is "doable." Thorfinnson asked where the money will come from. Enger said all of these things are necessary in order to move towards our goal of an electronic City Hall; however, we are not networked at City Hall and do not have an MIS budget. He suggested that we look at what we can do, look at the existing resources and report back with the information and where an Internet Home Page might fit in a number of tasks and goals. At this time we would be able to provide a stand-alone computer that would provide a Home Page and would allow people to dial into the Internet to obtain information. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve Eden Prairie's participation with LOGIS as our Internet service provider and to direct staff to come back with a report on where we should go in the short and long term. AMENDMENT TO THE MOTION: Pidcock moved, seconded by Tyra- Lukens, to include the establishment of a World Wide Web "Home Page" and to allow funding up to$10,000 from the 1996 General Fund Budget for the entire project. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. a. Telecommunications Planning Harris said we need to protect the public interest in issues facing cities in the future. She asked staff to return with recommendations regarding maintenance of the telecommunications right-of-way, including the liability of the City when we must distribute the right- of-way. She noted there are seminar materials available. 2. Workshop Schedule Update 7ullie asked Councilmembers to add workshops on April 16 to discuss campaign sign issues and on May 21 to discuss telecommunication issues. Harris said there is a schedule conflict with the March 26 workshop on Strategic Planning, and it would be useful to have all members present for that discussion. Staff will poll the Councilmembers and the workshop facilitator regarding April 23, with April 10 as an alternate date. CITY COUNCIL MINUTES March 19, 1996 Page 11 C. REPORT OF DIRECTOR OF PARKS, EC RATION & FACILITIE4 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XM. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:25 p.m.