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City Council - 11/04/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 4, 1997 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, 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 8:00 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Agenda as published. Motion carried 5-0. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 21, 1997, ON CONSERVATION EASEMENTS AND COMMUNICATIONS REGARDING DEVELOPMENT PROPOSALS Harris said the first paragraph of page 5 should be changed as follows: "... We need to let commissions work, deal with it when it comes to the Council level, and not get over-involved prior to it coming before the Council. Harris thought there is an undercurrent of commission concern about City Council confidence in them. It is important that we understand it is perceived as the Council position when we speak as individuals. She thought it should be one of the rules of conduct for Councilmembers that we be circumspect about what we say to commission members as well as developers because we want unbiased recommendations from the commissions." CITY COUNCIL MINUTES November 4, 1997 Page 2 She said sentence 2, paragraph 2, page 5 should be changed to "Harris said the intent is not to gag Councilmembers but rather to organize things in a manner that Council is informed and commissions are able to operate in an unbiased manner which assures that Council gets the best advice and recommendations from staff and citizens." MOTION: Case moved, seconded by Butcher-Younghans, to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday, October 21, 1997. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 21. 1997 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, October 21, 1997. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD BIDS FOR TENNIS COURT AT RICE MARSH LAKE PARK C. APPROVE BIDS FOR NEW ROOF-TOP UNIT AT THE SENIOR CENTER D. APPROVE BIDS FOR RESTROOM REMODELING AT EDEN PRAIRIE CITY CENTER E. APPROVE CHANGE ORDER#8 FOR DEN ROAD LIQUOR STORE F. GE CAPITAL/GE CAPITAL FLEET SERVICES by Capital Pointe LLC. 2nd Reading of Ordinance 52-97-PUD-32-97 for PUD District Review on 60.29 acres and Zoning District Amendment in the Office Zoning District on 60.29 acres, Adopt Resolution 97-201 for Site Plan Review on 60.29 acres and Approval of a Developer' Agreement for Capital Pointe LLC. Location: West 78th Street. (Ordinance 52-97-PUD-32-97 for PUD District Review and Zoning District Amendment and Resolution 97-201 for Site Plan Review) G. APPROVAL OF CHANGE ORDER NO. 3 FOR PARKS/PUBLIC WORKS, I.C. 96-5417 H. RESOLUTION 97-202 APPROVING LEASE BACK AGREEMENTS WITH MnDOT FOR FIRE STATION NUMBER 1 AND EXISTING PARKS/PUBLIC WORKS MAINTENANCE FACILITY. I.C. 96-5417 CITY COUNCIL MINUTES November 4, 1997 Page 3 I. APPROVAL OF CONTRACT WITH SUMMIT ENVIROSOLUTIONS FOR INSTALLATION OF AQUIFER RESOURCE MANAGEMENT SYSTEM J. APPROVAL OF SPECIAL ASSESSMENT AGREEMENT WITH JERRY'S ENTERPRISES FOR SEWER AND WATER ACCESS CHARGES FOR PRESERVE VILLAGE MALL K. RESOLUTION 97-203 APPROVING FINAL PLAT FOR WASHBURN MCREAVY ADDITION MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A-K on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. `97 BFI REZONING- SPRINT TOWER by BFI/Sprint. Request for Zoning District Change from Rural to I-2 on 9.5 acres and Site Plan Review on 9.5 acres. Location: 9813 Flying Cloud Drive Jullie said the official notice of this Public Hearing was published on October 23, 1997 in the Eden Prairie News and mailed to 6 property owners within the affected area. The site is part of the BFI property and guided Industrial. Rezoning of 9.5 acres to Industrial is being requested for the construction of an 80 foot high telecommunications antenna tower. The Federal Aviation Administration has approved the specific location and height of the monopole. Paul Harrington, representing Sprint PCS, said this is a request for rezoning to facilitate development of a telecommunications tower. He reviewed the area proposed for rezoning and showed a photo simulation of the tower. Enger said the Planning Commission voted 6-0 to approve this project at its October 27, 1997 meeting, subject to the recommendations of the Staff Report of October 7. The Parks, Recreation&Natural Resources Commission did not review the proposal. Tyra-Lukens asked if there is protection in this rezoning such that if Sprint took out the tower, we would not be left with an industrial zone in the middle of an area that is zoned rural. Enger said it is zoned industrial for the specific use of a monopole tower and would require rezoning for another use. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to I-2 on 9.5 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL MINUTES November 4, 1997 Page 4 VI. PAYMENT OF CLAIMS MOTION: Thorfmnson moved, seconded by Tyra-Lukens, 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." VH. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL OF VARIANCE#97-10, MOORE LEASING Jullie said we received a request from Moore Leasing for a continuance to the next Council meeting due to the fact that their attorney had to be out of town this evening. MOTION: Tyra-Lukens moved, seconded by Case, to continue the review to the November 18, 1997 meeting of the City Council. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION- Councilmember Nancy Tyra-Lukens Tyra-Lukens said they are still working on the long-range strategic planning, so she had very little to report. X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION-Appointment of a member to the Heritage Preservation Commission to fill an unexpired term through March 31, 2000 Jullie said with the resignation of Nathalie S. Rabuse from the Heritage Preservation Commission, it is necessary to fill the vacancy on the Commission for a term through March 31, 2000. Case asked if it was typical to contact the Commission chair to ask for specific strengths and needs required on the Commission. Harris said we do it sometimes, but she was unable to contact the Chair so she was not sure it happened in this case. Butcher-Younghans nominated Lori Peterson-Benike. Tyra-Lukens seconded the nomination. CITY COUNCIL MINUTES November 4, 1997 Page 5 MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the nominations and to cast a unanimous ballot for Lori Peterson-Benike. Motion carried with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting for Peterson-Benike. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Proposed Contract Settlement Agreement with SFS Jullie said Tony Sisinni has informed us he cannot continue to operate the Garden Room under the terms of his current contract. Following discussions with Mr. Sisinni, we agreed to pursue a mutually beneficial solution which would close out his contract at this time, and bring in a replacement caterer with expanded resources and operational capacities. Jullie noted Staff believes it would be fair and reasonable to close out the SFS contract at a price not to exceed $122,000 determined by the three items listed on the agenda staff report dated November 4, 1997. He thanked Councilmember Thorfinnson for his help in the negotiation process. Thorfinnson said he would be happy to answer questions, and noted a lot of thought as well as time has gone into this proposed agreement. While $122,000 seems like a lot of money on the surface, he thought there is some good justification for it. They finalized the inventory of the equipment today, which represents the majority of the $122,000 settlement amount. They have asked for an accounting of the catering events booked into the future. The new vendor will credit us with 7% of the banquet business. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the Settlement Agreement with Sisinni Food Services (SFS) at an amount not to exceed $122,000, as per the Staff Agenda Report of November 4, 1997. Motion carried 5-0. Jullie said Staff will return to the Council with a formal contract with Minnesota Vikings Food Service, Inc. at the next meeting or the first meeting in December. C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES CITY COUNCIL MINUTES November 4, 1997 Page 6 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:25 p.m.