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City Council - 12/21/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 21, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE CITY COUNCIL MEETING TO ORDER Mayor Hams called the meeting to order at 7:10 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XII.A.1., Request for a Council Workshop on Technology, and Harris added Item XII.A.2., Notice of Leadership Conference. Enger added Item XII.D., Extending the Closing Date and Land Sale for Lincoln Parc Apartments. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. IV. MINUTES A. TRUTH-IN-TAXATION PUBLIC HEARING HELD MONDAY, DECEMBER 6, 1999 MOTION: Butcher moved, seconded by Case, to approve the minutes of the Truth-In-Taxation Public Hearing held Monday, December 6, 1999, as published. Motion carried 4-0,with Thorfinnson abstaining. B. COUNCIL FORUM HELD TUESDAY,DECEMBER 7, 1999 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the Council Forum held Tuesday, December 7, 1999, as published. Motion carried 4-0,with Butcher abstaining. CITY COUNCIL MINUTES December 21, 1999 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7, 1999 Case made a correction on page 5, which should read ". . . there could be a mm mum size for depiction of the topography. Staff will consider the proposal to request more information from off-site, and work on the collection of more information, . . ." MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday, December 7, 1999, as published and amended. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BROWN ADDITION by Pemtom Land Company 2nd Reading for Planned Unit Development Concept Review on 23.87 acres,Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to R1-13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and the R1-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, and Musa Line addition of 1.65 acre. Location: East of Overland Trail and Frontier Place; North of Flying Cloud. (Ordinance No. 43- 99-PUD-30-99 for PUD District Review and Zoning Change) C. SCENIC HEIGHTS OFFICE BUILDINGS by Peter Andrea Company. Request for Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change from Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary Plat on 4.06 acres into one lot and road right-of-way. Location: Scenic Heights Road, west of the Fire Station. (Ordinance No. 45-99 for Zoning Change, and Resolution No. 99-224 for Site Plan Review) D. PICKLED PARROT & SW METRO by Pickled Parrot & SW Metro. 2nd Reading for Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD, Planned Unit Development District Review with waivers 1.67 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres, Site Plan Review on 1.67 acres, and Preliminary Plat on 22 acres into 2 lots and 1 outlot. Location: Technology Drive and Prairie Center Drive. (Ordinance No. 39-99-PUD-29-99 for PUD District Review and Zoning Amendment and Resolution No. 99-225 for Site Plan Review) E. SOUTHWEST STATION — PHASE H (PARKING DECK) by SW Metro. 2nd Reading for Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.5 acres, Zoning District Change from Rural to C-Reg-Ser on 1.5 acres, and Site Plan Review on 10 acres. Location: Technology Drive and Prairie Center. (Ordinance No. 44-99-PUD-31-99 for PUD District Review, Zoning Amendment and Zoning Change and Resolution No. 99-226 for Site Plan Review) CITY COUNCIL MINUTES December 21, 1999 Page 3 F. RESOLUTION NO. 99-227 APPROVING FINAL PLAT OF BIG WOODS 4TH ADDITION G. RESOLUTION NO. 99-228 APPROVING FINAL PLAT OF SOUTHWEST STATION H. RESOLUTION NO. 99-229 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES I. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5,RELATING TO LICENSING J. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 10,RELATING TO BUILDING CODE K. APPROVE DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT AND EXISTING WETLANDS FOR ADC TELECOMMUNICATIONS,INC. L. AWARD CONTRACT FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS,I.C. 00-5502 (Resolution No. 99-230) M. RESOLUTION NO. 99-231 ACCEPTING LAND DONATION FROM BERG FAMHLY N. RESOLUTION NO. 99-232 ACCEPTING DONATION FROM ELAINE JACQUES O. RESOLUTION NO. 99-233 ACCEPTING A STATE GRANT FOR A BRYANT LAKE REGIONAL PARK TRAIL CONNECTION P. RESOLUTION NO. 99-234 AUTHORIZING APPLICATION FOR A STATE GRANT FOR BIRCH ISLAND PARK EXPANSION Q. RESOLUTION NO. 99-235 RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING THE PROJECT PRELEVHNARY APPROVAL SUBJECT TO A PUBLIC HEARING (SLIM SHORES) R. APPROVE CIVH, FINES FOR VIOLATIONS TO CITY CODE SECTION 4.08, SELLING ALCOHOL TO MINORS Regarding Item R, Butcher asked if the fines are retroactive to the date when the Council approved the ordinance revising the civil fines. She also asked if there is a way to notify businesses about the ordinance and revised fines. Enger replied this information is provided at the time of licensure. Businesses having violations that occurred back to July were given notice that the final amounts of their fines would be set by the City Council. CITY COUNCIL MINUTES December 21, 1999 Page 4 Butcher said she was struck by the commitment of resources by Eden Prairie citizens in the preservation of historic buildings and donation of land to the City. Mayor Harris expressed appreciation to Elaine Jacques, the Berg family and Brown family for these donations. Lambert made a correction to Item P. The actual amount of the application for a Metro Greenways Grant should be $1,230,000, as this is the appraised cost of the land. •The City's chance of obtaining a grant for 100 percent of the cost is not high. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-R on the Consent Calendar, as amended. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. HORNELAND ADDITION by Liv Homeland. Request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. Location: 8802 and 8804 Knollwood Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) Enger said after the official notice of this public hearing was published in the Eden Prairie News on December 9, 1999, the proponent submitted a written request to continue the project. Staff mailed out notices to area residents about the change in public hearing date. Staff will also notify the neighborhood ten days prior to the January 18,2000, City Council meeting. MOTION: Case moved, seconded by Butcher, to continue the public hearing until the January 18,2000, City Council meeting. Motion carried 5-0. B. VACATION 99-08: DRAINAGE AND UTILITY EASEMENT OVER OUTLOT A,FARBER ADDITION(Resolution No.99-236) Enger said official notice of this public hearing was published on November 25, 1999, in the Eden Prairie News. This vacation has been requested to enable replatting of the property by removing the underlying easements. The proposed replat was approved by the City Council on October 5, 1999, as Shady Oak Estates and includes the dedication of replacement easements coinciding to the new property lines. Mayor Harris inquired if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 99-236, vacating the drainage and utility easement over Outlot A,Farber Addition. Motion carried 5-0. CITY COUNCIL MINUTES December 21, 1999 Page 5 VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting 66aye." VIII. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 46-99 AMENDING CITY CODE CHAPTER 5, RELATING TO LICENSING AND RESOLUTION NO. 99-237 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Enger said licensing of general contractors, covered by the City currently, is also covered by the State. Registering of contractors by the City instead of licensing will significantly simply the process. Staff recommends adopting the second reading of Ordinance No. 46-99. The first reading was approved on the Consent Calendar. MOTION: Butcher moved, seconded by Case, to approve the second reading of Ordinance No. 46-99, amending City Code Chapter 5, and adopt Resolution No. 99-237 approving Summary Ordinance for Publication. Motion carried 5-0, B. SECOND READING OF ORDINANCE NO. 47-99 AMENDING CITY CODE CHAPTER 10, RELATING TO BUILDING CODE AND RESOLUTION NO. 99-238 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Enger said the first reading of Ordinance No. 47-99 was approved on the Consent Calendar. This Ordinance adopts the most recent edition of the Minnesota State Building Code as amended in Minnesota Statutes 16B.59 to 16B.75 and 1998 Minnesota Rules 1300 to 1370. This amends the City Code to provide the rules needed to provide an acceptable level of construction standards for buildings in the City. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the second reading of Ordinance No. 47-99, amending City Code Chapter 10, and adopt Resolution No. 99-238 approving Summary Ordinance for Publication. Motion carried 5-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES December 21, 1999 Page 6 1. Councilmember Case's Request for a Technology Workshop Case said he went to the National Leadership Conference in Los Angeles the first week in December and attended all the technology workshops he could. Technology was the subject that was most discussed. Case has been working on a presentation that he would like to make at a Council Workshop in order to raise technology issues for discussion. He would plan to work with Enger on a format and asked that a date be scheduled for the presentation. Mayor Harris asked Enger to schedule a Workshop on technology in the first quarter of 2000. 2. Mayor Harris's Notice of a Leadership Conference Mayor Harris reported that a conference on Leadership in Government would be held in Minneapolis on January 7 and 8. Butcher said the main speaker, Mr. Carl Neu, is an excellent speaker and is on the cutting edge of leadership in government in the United States. Mayor Harris said the subject is on strategic decision-making, and she encouraged Councilmembers to attend at least apart of the conference. B. REPORT OF CITY MANAGER 1. Resolution No. 99-239 Certifying the 1999 Local Transit Services Tag Lew, Collectible in 2000 Enger said on June 15, 1999, the City Council declared their intent to exercise the Local Transit Services tax levy option for taxes payable in 2000. The preliminary levy totaling $2,420,528 was certified to the County Auditor by September 15 in accordance with state statute. The final levy must be certified to the County Auditor by December 28. Staff recommends approval of the resolution. MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution No. 99-239 that Certifies the 2000 Local Transit Services tax levy to be $2,420,528. Motion carried 5-0. 2. Resolution No. 99-240 Certifying the 1999 Tax Lew, Collectible in 2000, and Adopting the 2000 General Budget Enger said on September 7, 1999, the Eden Prairie City Council adopted resolutions certifying the proposed 2000 City property tax levy. Calculations for the City show the certified levy against tax capacity to be $19,932,474 after deducting the proportionate share of HACA for the various levy items. After reducing the net levy by the amount of the Fiscal Disparities distribution ($817,871), the City's resolution shows a net levy on tax capacity of $19,114,603, and a market value levy of CITY COUNCIL MINUTES December 21, 1999 Page 7 $619,000, for a total net levy of$19,733,603. According to state statute, the final levy amount must be certified to the County Auditor by December 28, 1999. City Council adoption of the final levy and budget will complete this process. Staff recommends approval of the resolution. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 99-240 that Certifies the 2000 net property tax levy to be$19,733,603; and accept the proposed 2000 budget of $27,062,627 as reviewed by the Council on December 6, 1999. Motion carried 5-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Extension of Closing Date/Contract for Deed Land Sale—Lincoln Parc Apartments Uram referenced the December 7 City Council meeting, at which time Jack Brandt requested extension of the purchase agreement from November 22 to December 31. Hartford Financial Services is now seeking overall financing from HUD, which has advised that the project should close in April 2000. For the City to close on the land sale prior to April 2000, the developer is suggesting he purchase the City property through a Contract for Deed. The Contract will require the developer to provide a $170,000 down payment and make interest-only payments at a 9.5 percent rate until the April 28, 2000 closing, at which time the final balance owed will be paid to the City. Jack Brandt,President of Hartford Financial Services, said the 186 units of rental housing include 138 units of affordable housing. As part of the package the City has agreed to provide TIF financing and Multifamily Housing Development Bonds. Hartford has recently decided to work with HUD on providing the overall financing,to obtain a lower interest rate and better bond rating. He is requesting a Contract for Deed to purchase the City's property,with a down payment of$170,000 on December 28, 1999, making their equity in the project$250,000. MOTION: Case moved, seconded by Tyra-Lukens, to authorize the execution of the 4th Amendment to the Purchase Agreement and Contract for Deed for the sale of Lot 4 Block 1, Eden Prairie Market Center, to Hartford Financial Services. The closing is scheduled for December 28, 1999 at 11:00 A.M. Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR CITY COUNCIL MUi=S December 21, 1999 Page 8 G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room H. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XN. ADJOURNMENT Mayor Harris expressed her appreciation to the Councilmembers for the individual and unique strengths each one brings toward the decisions made over the past year. She thanked City Staff for the great support they have given the Council. She also thanked residents who have individually and collectively worked with the City. Mayor Harris repeated a quotation she had heard. "Not all are called to do great things; but together, individually and collectively,we can do little things in a great way." She said that is the spirit of Eden Prairie and what makes it the great city it is. MOTION: Tyra-Lukens moved adjournment. Mayor Harris adjourned the meeting at 7:40 p.m.