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City Council - 04/21/1998 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 21, 1998 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 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added items XI.A.1. and A.2. Harris added item XI.A.3. Jullie added item IV. J. RESOLUTION APPROVING LEASE AGREEMENT WITH MnDOT FOR WELL NO. 1. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried 5-0. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRIL 7. 1998 Harris said Sentence 2, Paragraph 4, Page 2 should be changed to: "...committee members not all be part of an athletic group." and Sentence 2, Paragraph 3, Page 3 should be changed to: "...entire process is driven by special interest groups." MOTION: Case moved, seconded by Tyra-Lukens, to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday, April 7. 1998. Motion carried 5-0. CITY COUNCIL MINUTES April21, 1998 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 7, 1998 MOTION: Butcher-Younghans moved, seconded by Case to approve as published the Minutes of the City Council meeting held Tuesday, April 7, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 98-69 REQUESTING MnDOT TO PREPARE AN OFFICIAL RIGHT-OF-WAY MAP FOR I-494 RECONSTRUCTION C. APPROVE ENGINEERING SERVICES PROPOSAL FROM TKDA FOR CONVERSION OF TRAFFIC SIGNALS TO LED LAMPS, I.C. 98-5464 D. RESOLUTION 98-70 APPROVING JOINT POWERS AGREEMENT WITH ST. PAUL FOR PURCHASE OF LED SIGNAL RETROFIT UNITS, I.C. 98-5464 E. RESOLUTION 98-71 REQUESTING MnDOT AND METROPOLITAN COUNCIL ACTION TO ACQUIRE AND PRESERVE REMAINING PROPERTIES WITHIN THE TH 212 CORRIDOR, I.C. 51-348 F. EDEN PRAIRIE HIGH SCHOOL PHASE 3 EXPANSION by Independent School District 272. 2nd Reading of Ordinance 8-98-PUD-6-98 for PUD District Review with waivers on 67 acres and Zoning District Amendment within the Public Zoning District on 67 acres and Adopt Resolution 98-72 for Site Plan Review on 67 acres. Location: 17185 Valley View Road. (Ordinance 8-98-PUD-6-98 for PUD District Review and Zoning District Amendment and Resolution 98-72 for Site Plan Review) G. MAPLE HILL ADDITION by MSS Holdings. Approval of a Developer's Agreement for MSS Holdings. Location: 9060 Staring Lane West. H. APPROVAL OF RELEASE FOR UNITED FIRE & CASUALTY COMPANY FROM CONTRACT FOR MAARKETCENTER LANDSCAPING PROJECT I. APPROVE MOTION AUTHORIZING DISPOSAL OF EXCESS PROPERTY J. RESOLUTION 98-73 APPROVING LEASE AGREEMENT WITH MnDOT FOR WELL NO. 1 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve items A-J on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES April 21, 1998 Page 3 V. PUBLIC HEARINGS A. BEST BUY CAMPUS - PHASE 3 by Best Buy Company. Request for PUD District Review on 18.6 acres to the overall Best Buy PUD, Zoning District Change from Rural to I-2 on 4.3 acres, Site Plan Review on 4.3 acres. Location: 7075 Flying Cloud Drive (Ordinance for PUD District Review and Zoning District Change) Jullie said the official notice of this Public Hearing was published April 9, 1998 in the Eden Prairie News and mailed to 14 property owners. This is Phase 3 of the Best Buy Campus PUD Concept. It involves adding the most easterly parking area and constructing the access road through the site. Surcharging of the Phase 3 area was approved by the Council at the time of the PUD. Plans for the 70,000 square foot office building portion of PUD will most likely be reviewed next year. Dave Clark, project architect, said plans have been prepared for the wetland mitigation to be done in Winthrop, Minnesota. They are attempting to do as much as they can to alleviate the increased traffic by such means as a transportation expo with Southwest Metro, designating a prime parking lot as a car pool location, and designating a permanent representative as their contact with Southwest Metro. Butcher-Younghans said the Council approved the duckboard path to enhance the enjoyment of visitors, and she noted the plans say it is a potential duckboard path. Clark said there was some misunderstanding about that, but they have agreed to go ahead with that. Butcher-Younghans asked what they had in mind for the informational kiosk. Clark said plans were drawn by the mitigation consultant for four different areas around the wetlands with specific seasonal plantings. The kiosks will be posts with signs indicating the types of plantings in that area. The trail is fairly subtle because they do not want to create an advertising situation. Enger said the Planning Commission reviewed this item at its meeting held March 23, 1998 and voted 6-0 to recommend approval of the project, based on the Staff Report of March 20, 1998. He reviewed the recommendations of the Staff Report. The Parks, Recreation&Natural Resources Commission did not review this phase of the project since it is consistent with their recommendation of approval for the PUD Concept. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve lst Reading of the Ordinance for PUD District Review on 18.6 acres to the overall Best Buy PUD and Zoning District Change CITY COUNCIL MINUTES April21, 1998 Page 4 from Rural to I-2 on 4.3 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case had concerns about the process that occurred on this project and for future projects when the Council directs Staff to raise certain questions or alternatives. He quoted from the Minutes of the October 7, 1997 Council meeting where the Council discussed having Best Buy look at alternatives to the wetland fill required for the project. He asked if the Council needs to word this differently in the future. Enger replied that Staff worked with proponent throughout the process to try to minimise the amount of wetland fill, and the amount of fill was reduced from the original amount proposed. He said the motion did not include any specific action or direction to Staff to reduce the wetland fill. Tyra-Lukens noted that prior to voting on the motion she needed to disclose that she owns shares in Best Buy Company. VOTE ON THE MOTION: Motion carried 5-0. B. EIGHTEEN SCREEN MOVIE THEATER by General Growth. Request for Planned Unit Development Concept Review on 10 acres, PUD District Review on 10 acres, Zoning District Amendment in the Commercial Regional District on 10 acres and Site Plan Review on 10 acres. Location: Eden Prairie Center. (Resolution 98-74 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Julie said the official notice of this Public Hearing was published on April 9, 1998 in the Eden Prairie News and mailed to 51 property owners. In 1996 the City approved the expansion plans for the mall which included a 14-screen theater. General Growth wants an 18-screen theater on the upper level of the east side of the mall in the same area as the approved PUD plan for 14 theaters. Below the theaters would be general retail totaling 69,800 square feet. The building expansion meets setback requirements. The theater and retail space meet parking requirements. Bill Mosten, representing General Growth, introduced the other representatives present and gave an overview of the site plan. They are asking for approval to begin construction immediately. He noted they have adequate parking on the site, and they view this as a catalyst to future growth of the center. Michael Kaiser, associate with RTKL Architects, reviewed the exterior elevations, noting that they will work with the architectural requirements of the City. Tim Tarpley, Senior Vice-President of Development for United Artists, said this project will be a full stadium theater design. Mosten said there will be access to the theater through the inside of the mall so that people can park anywhere around the Center and have access to the theater. CITY COUNCIL MINUTES April21, 1998 Page 5 Case said we saw master concept plans for the entire mall including some potential mockups of the entrances. He asked if this is consistent with what they envision for the entire master plan. Mosten replied they have maintained the plans they had before, and the entrance details are still a piece of the plan. They will be improving and renovating all of the existing mall entrances and plan to work throughout the site with signs and graphics. Case asked what they could do to relieve his discomfort about approving an 18- theater complex at a mall that may be dying. He was trying to get some indication that this is step 1, and they will be moving forward with steps 2 through 4. He would not want to see just this project be successful and everything else deteriorate. Mosten said they are still in the process of negotiating with other tenants for the shopping center. They view this as the first phase of a multi-phase redevelopment of the shopping center. . Tarpley said they are located in a large number of regional malls in the country, and there have been a large number of restaurants that want to be in and around those malls because of their theater development. They would not put$18 million into the project if they didn't think it would work Harris asked about access for the physically handicapped, and if there is a possibility of having an external entrance in addition to the internal entrance. Mosten said they don't want to have an external entrance to the theater as they want to disperse the parking for the theater. They have ADA concerns as a focus, and the physically handicapped will be able to come in any of the entrances to the mall and then use the elevator to get to the theater level if they came in on the lower level. Butcher-Younghans asked if they are expecting that the one elevator located in the center of the mall will be sufficient for an 18-screen theater and the number of people it will attract. She also was concerned about the access issue as the location is quite a distance from Target and Mervyns. Mosten said they have found customers tend to use the escalators and stairs, and there are four escalators available. There are exits from the theater to outside for leaving the theaters. Enger said the Planning Commission voted unanimously to recommend approval of the project at the March 23, 1998 meeting, per the recommendations of the Staff Report of March 20. He reviewed the recommendations of the Staff report, noting that a waiver will be required from the 40-foot height maximum for the 56-foot high building. He said the Parks, Recreation& Natural Resources Commission and Heritage Preservation Commission did not review this project. Thorfinnson asked where this fits into the discussion about the TIF District and our commitment to the shopping center. Enger said the City and General CITY COUNCIL MINUTES April21, 1998 Page 6 Growth have an agreement for development of the mall using some TIF funding for the City of Eden Prairie. It is specific and is tied to a specific plan. Proponent is staging the redevelopment differently and are not asking for TIF funding as a part of this first phase. The TIF plan that has been approved does not relate to the way they are starting now. Thorfinnson said he had heard some misinformation that we have approved some TIF for this. Enger said the City does not have money invested in this mall at this time. We have an agreement to provide TIF financing for a different plan, but that plan will have to be renegotiated. Thorfinnson asked if that means at some time it might come back. Enger said that is correct. Harris noted she had also heard similar statements. Don Klingel, 10940 Kiawa Drive, said he is in favor of the 18-screen theater, and he thought the theater would survive even if the mall doesn't. He asked if this plan reduces any of the current parking; how many seats will be available in the 18 theaters; if the project is approved how long, will it take to be completed; and if they had looked at separating out the 18 screens to the different sections of the mall such as the theaters are now. Mosten said about 80-100 parking stalls will be lost, but they will still have an excess number of stalls on the site to meet the parking requirements. They will start construction this summer and complete it within 10-12 months. Tarpley said there will be about 3500 seats, and they will have the movie start times and end times on intervals so that 3500 people are not arriving and leaving at the same time. He said they did not consider splitting the cinema because there are efficiencies from the consolidated operations. Mosten said their number one objective is to bring customers back to the shopping center and they have determined they need to upgrade all the graphics and signage and make the mall customer friendly. Regarding the ADA issues, Tarpley said United Artists volunteered to be the test case relative to ADA compliance, and they created standards that exceeded what the federal standards are. He said they will do everything they can to accommodate the ease of getting in and out of their facilities. He said General Growth allows their malls to stay open after regular shopping hours so that all the entrances around the center are open. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 10 acres and Zoning District Amendment in the Commercial Regional District on 10 acres; to approve Resolution 98-74 for PUD Concept Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Butcher-Younghans said there is a feeling of disconnection with residents to the mall because of the recent history. She suggested they find some way to communicate to people by giving some information about the timeline and what CITY COUNCIL MINUTES April21, 1998 Page 7 they could expect at the end of that the timeline. Harris thought that was a good suggestion. Thorfinnson said he is a little troubled by the access available for the disabled. He said if they were new to the shopping center they might park on one of the levels that would cause them to go all the way to the elevator and then back to the theater. He would like to see it made easier for people that have access issues to get to the theaters. A discussion followed regarding the possibility of adding another elevator to the theater complex. Harris thought the suggestion would be as a point for future planning to provide other access means for the mobility impaired. Thorfinnson asked if the 'Big Boxes" are leased. Mosten said they are in negotiations but have not signed yet. VOTE ON THE MOTION: Motion carried 5-0. 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 Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION OF DENIAL FOR REGAL CINEMA by Ryan Companies of Minnesota Jullie said we received written confirmation that Ryan Companies is requesting the proposed Regal Cinemas theater development project be withdrawn, and they will not request any further action from the City with respect to the project. He said no further Council action is necessary. B. ORDINANCE 10-98 AMENDING SECTION 4.03, SUBD. 2, RELATING TO EXCEPTIONS TO FINANCIAL RESPONSIBILITY Jullie said this Ordinance was drafted by our City Attorney and is being updated to comply with Minnesota State Statutes. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve 1st and 2nd Reading of Ordinance 10-98 amending Section 4.03, Subd. 2, relating to exceptions to financial responsibility. Motion carried 5-0. VIH. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES April21, 1998 Page 8 X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Cleanup of Medcom Boulevard area Tyra-Lukens said she noticed the end of Medcom Boulevard has become a garbage dump. She asked Staff to check it out and have it cleaned up. 2. Issue of Substandard housing Stock Tyra-Lukens said she has received information from residents about several substandard houses in the City. She was concerned about the impact such properties have on their neighborhoods. She said there are about 12 homes that are substandard and it is very stressful for people that live around those homes. She has spoken with Jean Johnson about the situation and asked her to check into the codes we have and codes other cities have. She would like to have Johnson check into how enforceable the exterior maintenance codes are, and whether Staff feels it is something that we should develop. She thought this is an issue we will face more and more as the community ages, and it might be nice to have something on the books to be used in these cases. 3. Report on Met Council's Transportation Improvement Plan (TIP) Harris said she is one of the Association of Metropolitan Municipalities advisors to the Met Council. They have given background information and input for the 1999 - 2002 TIP that includes highway, transit, pedestrian trails, and bikeways that receive Federal funding. She said free copies of the TIP are available. There will be several meetings over the next several months to present information and explain the draft document, including a Public Hearing that will take place on June 17 in the Met Council chambers. She encouraged all interested persons to participate. The City's revised and updated Transportation Plan was submitted for 1997 and the City's Guide Plan is currently under review, and revisions will be submitted to the Met Council at the end of 1998. B. REPORT OF CITY MANAGER 1. Workshop Schedule for Councilmembers Jullie said last year they tried to consolidate the workshop schedule during the summer months. He said they are proposing to amend the CITY COUNCIL MINUTES April21, 1998 Page 9 usual schedule by putting in a 1-1/2 hour pre-Council meeting workshop prior to each regularly scheduled meeting in place of the 45 minute pre- Council session. Thus the fourth Tuesday workshop could be dropped off the schedule. He said the workshops could begin at 5:00 p.m., with dinner served at 6:30 p.m. Tyra-Lukens was concerned about the difficulty she might have with the 5:00 p.m. start time when school starts again in the fall. Thorfinnson said he assumed that these are all tentative dates, and they would be canceled if we don't have a need for the workshop. He thought the longer time gives us more flexibility because we don't always get closure in the current 45 minute workshops. Case wanted to leave the possibility of having the fourth Tuesday workshop if it is necessary. Harris thought we should try this through the summer months and then re-evaluate it in the fall. The consensus was to go ahead with the new schedule. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 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 8:40 p.m.