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City Council - 11/18/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 18, 1997 7:30 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 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item V. C. ADOPT RESOLUTION 97-213 APPROVING ISSUANCE OF $6,500,000 BONDS FOR EDENVALE APARTMENT PROJECT. Tyra-Lukens added items XI. A. 1. and 2. Thorfinnson added item XI. A. 3. Comment on Financial Reports. MOTION: Case moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM Scott Mace, 16150 Valley Road, representing the zero-expansion group at Flying Cloud Airport, said during the EIS process they asked for information and documents regarding Ordinance 51 restricting jets to 20,000 lbs. He said the documents that turned up showed that at least one operator has been violating the ordinance. He distributed a letter and memos that were meant to bring attention to the continuing violation and how to get the ordinance enforced. Pauly said he had reviewed the information to a limited degree. The Metropolitan Airports Commission (MAC) is the jurisdictional body, and the City does not have the jurisdiction to enforce another body's ordinance. Harris asked for clarification on the point that enforcement would have to come through MAC who is in this instance granting a waiver. Pauly said he would be happy to look to see if the interpretation is CITY COUNCIL MINUTES November 18, 1997 Page 2 correctly applied. He said there is an interesting question regarding the definition of gross take-off weight, and he would like to look into this some more. Mace said Ordinance 51 is the agreement hammered out between the City and MAC in 1979. He noted the Public Hearing on the draft scoping decision document will be held at Pax Christi on December 4, 1997, at 8:00 p.m. He said this will be one of our last chances to be heard. Case said he would like to receive a report from Mr. Pauly at the next meeting. Pauly agreed. Sara Lidstrom and Nicole Vagle described the Rivers program at Eden Prairie High School and invited Councilmembers to a presentation on Thursday at 7:00 p.m. in the school commons to see what they have been doing in that program. III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, OCTOBER 28, 1997: ON STRATEGIC MANAGEMENT/VISION 2001 Harris said the fourth sentence of the first paragraph on page 1 should be changed to: "The goal of this forum is to create awareness throughout the community and to obtain citizen input on the direction the City should go." She said the second sentence of the second paragraph on page 1 should be changed to: "He will give a presentation on demographic trends in the City and the potential impacts the baby boomer generation will have on City services." Enger said the name "Drexler" should be changed to "Trailer" throughout the minutes. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday, October 28, 1997. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 4, 1997 Tyra-Lukens said the last sentence of the last paragraph on page 5 should be stricken. MOTION: Case moved, seconded by Tyra-Lukens, to approve the Minutes of the City Council meeting held Tuesday, November 4, 1997. Motion carried 5- 0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES November 18, 1997 Page 3 B. ADOPT RESOLUTION 97-205 APPROVING VARIANCE REQUEST TO STATE AID RULES FOR DELL ROAD IMPROVEMENTS, I.C. 93-5311 C. ADOPT RESOLUTION 97-206 APPROVING FINAL PLAT FOR VILLAS AT MITCHELL LAKE D. ADOPT RESOLUTION 97-207 APPROVING FINAL PLAT FOR BRECKENRIDGE 4TH ADDITION E. APPROVAL OF CHANGE ORDER NO. 1 FOR CSAH 4/EDEN-WOOD DRIVEJUGH SCHOOL ENTRANCE PROJECT, I.C.96-5404 F. APPROVE METER READING PROPOSAL G. ADOPT RESOLUTION 97-208 ELECTING TO PARTICIPATION IN THE NEWLY REORGANIZED SOUTH HENNEPIN REGIONAL PLANNING AGENCY (SHeRPA) AND FAMILY SERVICES COLLABORATIVE (FSC) H. ADOPT RESOLUTION 97-209 AUTHORIZING EXECUTION OF THE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE, ADOPT RESOLUTION 97-210 AUTHORIZING EXECUTION OF COOPERATION AND INITIAL AGREEMENT BETWEEN THE NIINNEAPOLIS PUBLIC HOUSING AUTHORITY AND THE CITY OF EDEN PRA_HUE FOR EDENVALE TOWNHOUSE PROJECT I. SET CITY COUNCIL/STAFF WORKSHOP ON EDEN PRAU;UE 2001 FOLLOW-UP FOR TUESDAY, DECEMBER 2, 1997, 6:30 PM} AT THE CITY CENTER Jullie noted three minor changes in item G regarding the Family Services Collaborative. Harris said she would like to have a workshop on SHeRPA and the Family Services Collaborative sometime in the late summer or early fall after we have had time to review what comes out of the Health and Family Services focus group. MOTION: Case moved, seconded by Thorfinnson, to approve items A-I on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. OK SPA & SALON by Sherri Oeltjenbruns. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres, Zoning CITY COUNCIL MINUTES November 18, 1997 Page 4 District Change from Rural to C-Reg-Ser on 1.82 acres, and Site Plan Review on 1.82 acres. Location: Southwest corner of Valley View Road and Prairie Center Drive. (Resolution 97-211 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change) Jullie said the official notice of this Public Hearing was published on November 6, 1997 in the Eden Prairie News and mailed to 34 property owners within the affected area. The proponent is requesting a change to the Comprehensive Guide Plan from Office to Regional Commercial. This change will not have a negative impact on the site or community. Tree loss is 33%, which is lower than the average for commercial or office developments. The building is 7,881 square feet, with a small base area ratio of 9%. The C-Reg-Ser zoning district permits up to a 20% base area ratio and a 40% floor area ratio. Dave Clark, architect, reviewed the proposal. He said his client asked that as little as possible be disturbed on the property. Enger said the Planning Commission voted 6-0 to approve the project at its October 27, 1997 meeting, subject to the recommendations of the Staff Report of October 24, 1997. He said proponent has made revisions to the plan as suggested by staff and the commission. Lambert said the Parks, Recreation&Natural Resources Commission approved the project at its November 3, 1997 meeting on a 6-0 vote, subject to the recommendations of the Staff reports of October 24 and October 28. There were no comments from the audience. Tyra-Lukens asked if the amount of metal siding proposed is allowed in the regional/commercial zoning. Enger said it was reviewed according to the City ordinance, and it does meet the criteria. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 97-211 for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 1.82 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. VACATION 97-07-DRAINAGE &UTILITY EASEMENT OVER LOT 1. BLOCK 1, MENARD 7TH ADDITION (Resolution 97-212) Jullie said the official notice of this Public Hearing was published on October 30, 1997 in the Eden Prairie News. In conjunction with expansion of the Menard's building, the property owner will relocate an existing sanitary sewer and watermain which are presently located within the expansion area. The CITY COUNCIL MINUTES November 18, 1997 Page 5 property owner has requested vacation of the existing drainage and utility easement and will dedicate a replacement easement over the relocated systems. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 97-212 vacating the drainage and utility easements located over part of Lot 1, Block 1, Menard 7th Addition. Motion carried 5-0. C. ISSUANCE OF $6,500,000 BONDS, $4,790,000 OF WHICH ARE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS AND $1,710,000 OF WHICH ARE TAXABLE MULTIFAMILY HOUSING REVENUE BONDS BY THE CITY OF EDEN PRAIRE , NIINNESOTA FOR EDENVALE APARTMENT PROJECT (Resolution 97-213) Jullie said the official notice of this Public Hearing was published on October 30, 1997 in the Eden Prairie News. He said the City Attorney worked with proponents and his review of the financing documents found them to be in order. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 97-213 for issuance of multifamily housing bonds for the Edenvale Apartment project. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, 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 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS Jullie said in 1996, the Minnesota Legislature passed a law relating to minimum provisions for pawn shop ordinances. City staff and personnel from Community Development, Police and the City Attorney's office conducted a series of meetings in order to draft an ordinance which included the minimum provisions from law and criteria from existing ordinances in other cities. Butcher-Younghans questioned how the reference to good moral character or repute contained in Subd. 5.A.3. would be tested. Pauly said this is one of the CITY COUNCIL MINUTES November 18, 1997 Page 6 provisions that is taken verbatim from the State statute, so we may have to determine this as we go along. He noted continued conduct of violating the law would be indicative of bad moral character. Butcher-Younghans thought there might have been something missing such as having been convicted of a felony. Pauly said Subd. 5.A.2. addresses the issue of having been convicted of a crime and that was also taken from the State statute. Harris commented about the costs involved to comply with the requirement on page 14 to report on a daily basis on specific items. Pauly said the reports to the police is a new part of the required legislation but it is considered to be a very preventive provision. He said it gives police an opportunity to compare items that have been pawned to a list of stolen articles. Pauly noted the words "coins or" should be stricken from Subd. 2.K. because that will be less confusing in terms of administration of the ordinance. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve 1st Reading of the Ordinance Amending City Code Chapter 5 by adding a new section 5.71 relating to Pawnbrokers and Precious Metal Dealers, and adopting by reference City Code Chapter 1 and Section 5.99 which, among other things, contain penalty provisions, and with the words "coins or" removed from Subd. 2.K as requested by the City Attorney. Motion carried 5-0. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL OF VARIANCE#97-10. MOORE LEASING (Continued from November 4, 1997) Jullie said this is a continued item from the November 4, 1997 City Council meeting. Moore Leasing, Inc., a company located at 250 Prairie Center Drive, has requested the Council to reverse a decision by the Board of Adjustments &Appeals denying Variance Request #97-10. At the September 11, 1997 meeting of the Board of Adjustments&Appeals, the variance request was denied on a vote of 5-0. Proponent was not present. MOTION: Case moved, seconded by Butcher-Younghans, to affirm the Board of Adjustments &Appeals decision denying Variance Request No. 97-10, based on the following findings: 1) the request deviates from the Office District standards; 2) the applicant has not demonstrated a hardship unique to the property because applicant has not shown that the property cannot otherwise be put to a reasonable use; and 3) an approval would set a precedent and weaken the spirit and intent of the City Code's Office District regulations. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL NHNUTES November 18, 1997 Page 7 X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Use of Eden Prairie Logo Tyra-Lukens said she saw that the City logo is being used on a mini-storage facility. She asked if there is anything to preclude private enterprise from using the city's logo. Enger said there was nothing in the review that precluded them from changing the sign, and we do not have the logo copyrighted in the stylized alphabet. Tyra-Lukens then asked if we could draft a procedure that any sign has to be approved. Enger said any sign does go through approval. Tyra-Lukens asked if the name is reviewed. Enger said it goes through for everything except what goes on the sign. Pauly said, on the question of review, we would be close to a first amendment problem and censorship. Tyra-Lukens asked if we could copyright the logo. Pauly said he would have to look into that. 2. Signs Posted for Property Proposed for Development Tyra-Lukens recalled that when we discussed the issue of notification for new developments and how many feet from the area would be included in the notification process, we discussed putting up a sign on a piece of property that was proposed for development. She said it appears nothing has been done.about such signs and she asked staff to look into that. 3. Comment on Financial Reports Thorfinnson said he wanted to commend Don Uram for the one or two page financial reports included in the packets. He said it shows how our money is invested and the overage and underage in the budget. Harris said she was also impressed and asked staff to convey the Council's appreciation to Uram. Jullie said he would do that. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES CITY COUNCIL MINUTES November 18, 1997 Page 8 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 8:20 p.m.