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City Council - 05/06/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 6, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfmnson, Jr., 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 Eugene 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. Councilmember Thorfinnson arrived late. PRESENTATION OF "SENIOR AWARENESS WEEK" PROCLAMATION Mayor Harris read the Senior Awareness Week proclamation proclaiming May 8 through May 19, 1997 to be Senior Awareness Week in Eden Prairie. A group of seniors were present to receive the proclamation. BOND SALE OF $3,105,000 CITY OF EDEN PRAIRIE GENERAL OBLIGATION REFUNDING BONDS, SERIES 1997A, AND $2,865,000 CITY OF EDEN PRAIRIE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIFS 1997B (Resolution 97-80 Prescribing the Form and Details and Providing for the Payment of$3,105,000 City of Eden Prairie General Obligation Refunding Bonds, Series 1997A; Resolution 97-81 Prescribing the Form and Details and Providing for the Payment of$2,865,000 City of Eden Prairie General Obligation Improvement Refunding Bonds, Series 1997B; and Supplemental Resolution Relating to $2,865,000 City of Eden Prairie General Obligation Improvement Refunding Bonds, Series 1997B Term Bonds) Enger said this is the end of a long effort to obtain higher bond ratings. He said Moody's Investor Services announced that we have gone up one level from our previous rating of Al. This has implications on what we pay in interest rates. He said we received the higher rating because of our established trend of healthy finances, strong economic growth and stable outlook. He said the current Council's efforts on budgeting and strong administrative and financial management have contributed in a large measure to the favorable rating. He noted that the Supplemental Resolution relating to $2,865,000 City of Eden Prairie General Obligation Improvement Refunding Bonds, Series 1997B Term Bonds is not needed. CITY COUNCIL MINUTES MAY 6, 1997 Page 2 Dave MacGillivray, Springsted Financial Advisers, reviewed the details of the bond sales. He said we are refinancing in order to save interest costs and commended the effort by staff that brought about the favorable rating. He said they are recommending that the Series 1997A be awarded to Norwest and the Series 1997B to Kronin. Harris thanked Staff for their work on this. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-80 Prescribing the Form and Details and Providing for the Payment of$3,105,000 City of Eden Prairie General Obligation Refunding Bonds, Series 1997A; and to adopt Resolution 97-81 Prescribing the Form and Details and Providing for the Payment of$2,865,000 City of Eden Prairie General Obligation Improvement Refunding Bonds, Series 1997B. Motion carried 4-0. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Recognition of Councilmember Butcher-Young a s. 7ullie added item IV.M. LEASE AGREEMENT WITH HOLLYWOOD VIDEO FOR LEASING SPACE AT THE LIQUOR STORE MOTION: Case moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 4-0. H. OPEN PODIUM Councilmember Tyra-Lukens introduced the new Executive Director of Southwest Metro Transit, Mr. Len Simich. Mr. Simich briefly reviewed his background and qualifications. He noted that Southwest Metro is in a key position to play a role in the exciting opportunities in this area. He invited Councilmembers to attend the Open House Southwest Metro will have to tell about the new directions they are going. Mayor Harris welcomed Mr. Simich. III. �� A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRIL 15, 1227 Case said page 2, paragraph 3, sentence 4, should be changed to "Case said he was looking for justification verbiage ..." MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve as published and amended the Minutes of the City Council/Staff Workshop meeting held Tuesday, April 15, 1997. Motion carried 4-0. CITY COUNCIL MINUTES MAY 6, 1997 Page 3 B. CITY COUNCIL MEETING HELD TUES DAY, APRIL 15, 1997 Case said page 4, paragraph 6, sentence 1, should be changed to: "Case was concerned what would happen and who would pay for it if the railing couldn't handle the load." Butcher-Younghans said page 7, paragraph 5, sentence 2 should be changed to: "She also thought that, considering current driver behavior, expanding the transit goal is not realistic." MOTION: Case moved, seconded by Tyra-Lukens, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, April 15, 1997. Motion carried 4-0. C. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRI L 22_ 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, April 221 1997. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF COMMUNITY CENTER LOCKER ROOM SHOWER POLE BID PROPOSAL C. APPROVAL OF DESIGN SERVICES FOR HVAC DIPROVEMENT CONTRACT AND FILTER PUMP IMPROVEMENTS AT ED N PRAIRIE COMMUNITY CENTER D. PURGATORY CREEK ESTATES by Barry Post and John Brian Post. 2nd Reading of Ordinance 19-97 for Zoning District Change from Rural to R1-13.5. Location: 12381 Sunnybrook Road. (Ordinance 19-97 for Rezoning) E. RELEASE OF LAND FROM SPECIAL A ESSMF.NT AGRF.OMM FOR DELLWOOD ESTATES F. UNITED HEALTHCARE by United Healthcare. 2nd Reading of Ordinance 20-97-PUD-12-97 for Planned Unit Development District Review on 10.4 acres and Rezoning from Industrial to Office on 10.4 acres, Adoption of Resolution 97-82 for Site Plan Review on 10.4 acres and Approval of a Developer's Agreement for United Healthcare. Location: Southeast corner of Prairie Center Drive and Technology Drive. (Ordinance 20-97-PUD-12-97 for PUD District Review and Rezoning and Resolution 97-82 for Site Plan Review) CITY COUNCIL MINUTES MAY 6, 1997 Page 4 G. CHIMNEY PINES by Laukka-Jarvis, Inc. 2nd Reading of Ordinance 15-97- PUD-9-97 for PUD District Review on 1.29 acres and Zoning District Amendment in the R1-9.5 District on 1.29 acres, Adoption of Resolution 97-83 for Site Plan Review on 1.29 acres and Approval of a Developer's Agreement for Chimney Pines. Location: Spyglass Drive, south of Riverview Road. (Ordinance 15-97-PUD-9-97 for PUD District Review and Zoning District Amendment and Resolution 97-83 for Site Plan Review) H. APPROVAL OF WASTE DELIVERVA F AWM WITH HENN M COUNTY I. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR FLAGSHIP ADDITION J. RESOLUTION 97-84 APPROVING CONSTRUCTION PLANS AND A CONSTRUCTION AND OPERATION AGREEMENT WITH NNFPiN COUNTY FOR TEMPORARY_TRAFFIC SIGNAL AT CSAH 1 AND CSAH 4 (Spring Road/Mitchell Road), I.C. 97-5438 K. APPROVE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR INSTALLATION OF TEMPORARY TRAFFIC SIGNAL AT CSAH 1 AND CSAH 4 (Spring Road/Mitchell Road), I.C. 97-5438 L. RESOLUTION 97-85 AMENDING FEE RESOLUTION RELATING TO PERMIT FEES FOR WORK WITHIN THE RIGHT-OF-WAY M. LEASE AGREEMENT WITH HOLLYWOOD VIDEO FOR LEAS SPACE AT THE LIQUOR STORE Regarding item K, Case asked for an estimated time to implement the signal light. Al Gray, Staff Engineer, said the bids will be back in eight weeks. Case asked if there is any way to push that forward. Dietz said, considering the requirements for bidding, we are pretty much locked into that timing. Regarding item B, Tyra-Lukens was uncomfortable awarding that with only one bid. She did not recall having seen this happen before. Lambert said it is rather unusual, but we had very tight specifications and only one company bid as part of the sealed bid process. He said we probably would not get anymore if we rebid it. MOTION: Case moved, seconded by Butcher-Younghans, to approve items A- M on the Consent Calendar. Motion carried 4-0. V. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES MAY 6, 1997 Page 5 A. MENARDS EXPANSION by Mary Prochaska.. Request for Planned Unit Concept Review on 15.72 acres, Planned Unit District Review on 15.72 acres, Zoning District Amendment in the Commercial Regional Zoning District on 15.72 acres and Site Plan Review on 15.72 acres. Location: Plaza.Drive, South of Highway 5. (Resolution 97-86 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Jullie said official notice of this Public Hearing was published on April 24, 1997 in the Eden Prairie News and mailed to 27 property owners. The proposed site plan for this project shows the construction of a 24,960 square foot building addition. Gary Colby, representing Menards, reviewed the expansion plans. They will expand their product lines and will also expand the aisles. Councilmember Thorfinnson arrived at 8:05 p.m. Enger said the Planning Commission unanimously recommended approval of this project at its April 14, 1997 meeting, subject to the recommendations of the Staff Report of April 11. He reviewed the staff recommendations, noting that a PUD waiver is necessary for the proposed sign area of 500 square feet. The project was not reviewed by the Parks, Recreation &Natural Resources Commission. Case thought this is a good project and applauded proponent for it. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adopt Resolution 97-86 for PUD Concept Review on 15.72 acres; to approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Commercial Regional Zoning District on 15.72 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. EXECUTIVE AVIATION EXPANSION by Kelleher Construction for Site Plan Review on 3.5 acres for construction of a 29,900 sq.ft. hangar addition to Executive Aviation. Location: 9960 Flying Cloud Drive. (Resolution 97-87 for Site Plan Review) Jullie said the official notice of this Public Hearing was published on April 24, 1997 in the Eden Prairie News and mailed to two property owners. The request is to construct a 29,900 square foot hangar addition at the Executive Aviation CITY COUNCIL MINUTES MAY 6, 1997 Page 6 Facilities at Flying Cloud Airport. The project is in conformance with the Flying Cloud Airport Design Framework Manual approved by the City Council in July 1996. Dave Walock, representing Kelleher Construction, reviewed the construction plans. Enger said the Planning Commission unanimously recommended approval at its April 14, 1997 meeting, subject to the recommendations of the Staff Report of April 11. He noted that expansion of sewer and water to the airport is scheduled for 1998. The Parks Commission did not review the project. Case asked if there is a supervisory agency, such as the EPA, that oversees aircraft fluid leakage as the airport is expanded. Enger was not aware of any criteria that would be reviewed by the EPA. The State Pollution Control Agency would be the state agency, but he was not aware of any permits that would cause this to come to their attention. Case asked if the airport expansion plans include a plan to NURP the water runoff and if there are plans for dealing with the gasoline and fuel products that may run off. Enger said we have asked MAC about the handling of runoff for the expansion and the content of the runoff. We have been concerned about the existing septic tanks and have questioned past practices at the airport regarding disposal of degreasing agents. We have had a fundamental disagreement with MAC on what should be included in the Environmental Impact Statement. He was not sure the Environmental Quality Board has instructed MAC as to whether to include the existing airport, but he will follow up on that issue. Regarding the NURP ponds, he said there were none proposed for the existing airport. The runway extension did not include NURP ponds, because they said the runoff would not leave the airport property. Case thought it was important to keep raising the issues as more projects are brought forth. Gray said they worked with MAC a few years ago and recommended they draw up a drainage plan for the entire airport. Runoff from the operational areas of the airport is contained within the airport and relies on percolation into the ground. Their position on the runoff near County Road 1 is that berming contains it. He thought there may be some direct discharges. He thought we need to have some concern about the long term impacts. We recommended they do an environmental assessment, and they have not responded positively to that recommendation. We have not had disagreements with the businesses that operate there, but have discussed the issues with MAC. Walock said their facility will help to keep some of the aircraft from sitting on the taxiways and they will have floor drainage in the hangars. CITY COUNCIL MINUTES MAY 6, 1997 Page 7 There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; to adopt Resolution 97-87 for Site Plan Review on 3.5 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. C. LAKE SNMANA APARTMENTS by Klodt Incorporated. Proposed amendment to the original project. Request for PUD Concept Amendment on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres and Site Plan Review on 12.37 acres for a proposed amendment to an apartment project. Location: Smetana Lane (Resolution 97-88 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Change) 7ullie said the official notice of this Public Hearing was published on April 24, 1997 in the Eden Prairie News and mailed to 13 property owners. The City Council first approved this project in December of 1996. Due to market changes, the developer is now proposing an additional 43 units to the 275-unit project, for a total of 318 units. This will add a fourth story to Building Two. Dave Clark, the project architect, said they followed Staff's recommendation to look at a higher density because of the location of the site. They increased the height of one of the buildings. Tyra-Lukens asked if the building with the fourth floor will have multi-level units. Clark said it will be one-level units. Enger said the Planning Commission unanimously recommended approval of this proposal at its April 28, 1997 meeting, subject to the recommendations of the Staff Report of April 25. He reviewed the staff recommendations, noting the project was first reviewed by the Planning Commission in November 1996, and then was approved by the Council in December 1996. The new proposal adds 43 more units. He reviewed the variances required for the project. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 97-88 for PUD Concept Amendment on 17.19 acres; to approve 1 st Reading of the Ordinance for PUD District Review on 17.19 acres and Zoning District Change from Rural to RM-2.5 on 12.37 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL MINUTES MAY 6, 1997 Page 8 D. VACATION 97-02 LEONA AND LEONA 2ND ADDITION (Resolution 97- 89) Jullie said the official notice of this Public Hearing was published on April 17, 1997 in the Eden Prairie News. These vacations are being requested to facilitate replatting of the property in conjunction with proposed development. Appropriate replacement easements will be dedicated on the new plat. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 97-89 Vacating the Leona Road Right-of-Way and the Drainage and Utility Easements in Leona and Leona 2nd Addition. Motion carried 5-0. E. VACATION 97-03 BIRCHWOOD LABS (Resolution 97-91) Jullie said the official notice of this Public Hearing was published on April 10, 1997, in the Eden Prairie News. This vacation is being requested to facilitate the construction of a storage facility in accordance with the site plan approved by the Council on April 15, 1997, for the "Prairie Green" project. A new plat includes dedication of appropriate replacement easements. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 97-90 Vacating the Drainage and Utility Easements within Lots 1 and 2, Block 1, Birchwood Labs. Motion carried 5- 0. VI. PAYMENT OF CLAIMS MOTION. Tyra-Lukens moved, seconded by Thorfinnson to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.06, SUBD. 3, SECTION 480, SUBD. D, AND ADOPT BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 RELATING TO BEER, WINE & LIQUOR Jullie said during recent compliance checks performed by the Police Department of licensed liquor establishments, as well as review of the Code by the City Attorney's Office, three issues have surfaced which need to be addressed. The CITY COUNCIL MINUTES MAY 6, 1997 Page 9 Staff Agenda Report of May 6, 1997 describes certain changes to the present Liquor License Code Chapter 4 which we are recommending for Council approval. Tyra-Lukens asked for clarification as to whether Subd. 3 of Section 1. refers to the entire golf course except the area where motorized vehicles are kept. City Attorney Pauly said the intention of the amendment is to permit the serving of beverages out on the course. The exception relates to parking areas on the golf course and the club house. Case asked if Subd. D. of Section 2. should be 21 years instead of 18. Pauly said Minnesota allows anyone over 18 to serve alcoholic beverages. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance for Amendments to City Code Chapter 4, Section 4.06, Subd. 3, City Code 4.80, Subd. D, and adopting by reference City Code Chapter 1 and Section 4.99. Motion carried 5-0. VM. PETITIONS, REQUESTS AhM COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMNIISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens said the three-city reception will be held on May 22, 1997. She invited Councilmembers to attend to meet with Southwest Metro staff and councilmembers from the other cities. She said their current issue is losing the bus garage that we have been leasing from MnDOT in the spring of 1998. Current plans for the United Healthcare facility include employee parking on Southwest Metro property with busses to take them over to the facility. Southwest Metro signs are being placed downtown Minneapolis and in other areas. She said they will reveal details of the proposed circulator route at the reception on the 22nd. X. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Recognition of Councilmember Butcher-Youngbans Case recognized Butcher-Younghans' involvement in planning and executing the kick-off event for the archeological dig at Miller Store in conjunction with the School District. Harris noted it was really a quality event. CITY COUNCIL MINUTES MAY 6, 1997 Page 10 B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION &NATURAT, RESOURCES D. REPORT OF DIRECTOR OF COMMUNi_'1_'Y AND ECONOMI DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution 97-91 Awarding Contract for Sunnybrook Road Improvements, I.C. 94-5363 Dietz presented a Summary of the Bids received, noting they were about 11% under the estimate. Case asked who gets the benefit of the bids being under the estimate. Dietz replied our policies have a "not to exceed" maximum on special assessments so it can be both parties who save. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 97-91 Awarding the Contract for Sunnybrook Road Improvements, I.C. 94-5363. Motion carried 5-0. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XM. ADTOIBOMNT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:40 p.m.