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HomeMy WebLinkAboutCity Council - 11/19/1991 EDEN PRAIRIE CITY COUNCIL • •.APPROVED MINUTES TIME: 8:00 PM Tuesday, November 19, 1991 LOCATION: City Hall Council Chambers 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. PRESENTATION OF THE HERITAGE QUILT BY EDEN PRAIRIE SENIORS The Heritage Quilt of Eden Prairie was presented to the City by a group of quilters from the Eden Prairie Senior Center. The following persons participated in the design, drawing landmarks, embroidery, assembly and • quilting of the Heritage quilt: Marion Nesbitt, Angie Rogers, Carrol Martinson, Amanda Peterson, Earl More, Olive Larson, Adeline Bramwell, Louise Mitchell, Bernice Brown, Rachel H jorth, Ralph Nesbitt, Lorry Wallace, Shirley Lautt, Vi McLain, Lovey Russell, Toni Kniebel, Bette Johansson, Helen Shosted, Adeline Pannek, Vi Wagness, Sandy Werts, and Bert Rogers. Council expressed its appreciation for the project and for the people who worked on it. Jessen suggested a plaque be made which listed the names of those participating in the project as well as a story about each of the scenes depicted in the squares that made up the quilt. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Harris, to approve the agenda. Jullie requested that item III. E. The Contract Format for Use of Community Center, be eliminated from the Consent Calendar. He said a recommendation had not been received from the Parks, Recreation and Natural Resources Commission and that it would be placed on a future agenda. He also requested the addition of Item X. B. 2. under Report of the City Manager: Request for Consultant Services to Assist in Review of the CPT Building. Anderson requested the addition of one item under X. A. Reports of Councilmembers: (2) Discussion of Minnesota River. Pidcock requested • the addition of: (3) Working But Poor in Hennepin County Report. Eden Prairie 2 November 19, 1991 City Council Minutes approved • Agenda approved as amended 4-0. II. MINUTES A. City Council Meeting held Tuesday, November 5, 1991 MOTION Harris moved, second by Anderson, to approve the minutes from the City Council Meeting held November 5, 1991. Motion approved 4-0. B. City Council/Staff Workshop held Tuesday, November 12, 1991 MOTION Pidcock moved, seconded by Jessen, to approve the notes of the City Council/Staff Workshop held Tuesday, November 12, 1991. Motion to approve the Minutes as amended approved 4-0. III. CONSENT CALENDAR • A. Clerk's License List B. CITY CODE AMENDMENT (PUD CONCEPT AREA MINIMUM OF 15 ACRES) by City of Eden Prairie. 2nd Reading of Ordinance 24-91 amending City Code Chapter 11, Section 11.40, Subdivisions 6 and 11 relating to PUD Concept Area minimum of 15 acres and Findings Required respectively; Adoption of Resolution 91-220, Authorizing Summary and Ordering Publication of Ordinance 24-91. (Ordinance No. 24-91 - PUD Concept, Resolution No 91-220 - Summary and Publication) C. Final Plat Approval of Fairfield of Eden Prairie 7th Addition (located north of Cedar Ridge Elementary School and south of Chicago and NW Railway (Resolution No. 91-255) D. Bluffs East 11th Addition by Hustad Development Corporation. 2nd Reading of Ordinance 28-91-PUD-9-91, Zoning District Change from Rural to R1-9.5 on 2.43 acres and R1-13.5 on 1.8 acres; Approval of Developer's Agreement; Adoption of Resolution 91-230, Authorizing Summary and Ordering Publication of Ordinance 28-91-PUD-9-91; 12 single family lots and road right-of-way to be known as Bluffs East 11th Addition. Location: North of Bluff Road, west of Falcons Way. (Ordinance No. 28-91-PUD-9-91 - Zoning District Change; Resolution No. 91-230 - Summary and Publication) • Eden Prairie 3 November 19, 1991 City Council Minutes :approved E. Approve Contract Format for Use of Community Center (to be continued pending recommendation from the Parks, Recreation, and Natural Resources Commission) F. Proposed Study Regarding Water Elevation of Glen Lake, Shady Oak Lake, and Birch Island Lake G. SOUTHWEST SUBURBAN CABLE COMMISSION - 1991 CATV Relief Extension - Adoption of Resolution No. 91-242 Approving Settlement with the Grantee under the City's Cable Communication Franchise Ordinance Regarding Revisions to and Extension of Certain terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements; 1st Reading of Ordinance No. 37-91 Repealing the CATV Relief Ordinance, Ordinance No. 12-85, and CATV Relief Ordinance Amendment, Ordinance No. 57-88, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming was Funded; Approval of Restated Performance Agreement; Approval of Consent Agreement and Guaranty of Performance MOTION • Harris moved, seconded by Pidcock, to approve the Consent Calendar with the deletion of Item III.E. Jessen asked for clarification of Item G, the contract with the Southwest Suburban Cable Commission - 1991 CATV Relief Extension. Jullie said it as basically an extension of the current relief agreement for the term of the franchise. It included an adjustment providing more franchise fee revenue' to the City, going from 3% to the full 5%, or from $110,000 annually to $145,000. Consent calendar as amended approved 5-0. IV. PUBLIC HEARINGS A. VACATION NO. 91-09, Right-of-way for part of Baker Road (located in Section 3, Township 116, Range 22W) (Resolution No. 91-256) Jullie said notice of the public hearing was properly published and mailed to interested persons. He said this public right-of-way existed for a part of Baker Road that had been abandoned after the road had been realigned. There was no longer any public need for the property. Anderson asked what happened to land after the City vacated it. Ric Rosow, Assistant City Attorney, said that the City relinquished • any interest in the property after it was vacated. The property then would go into private ownership. If the property had come out Eden Prairie 4 November 19, 1991 City Council Minutes approved • of a platted piece of land, it would go back to that property and be divided in half. The City would not have the option to purchase it. He said that the manner in which the property was received by the City determined how the City could handle such property. For example, if it had been donated as a right-of-way, the City could no longer own the property when it was not used for this purpose. However, if the property had been deeded to the City, the City could use it for whatever purpose it decided was appropriate. Anderson said he would like the City to develop a policy of what would be done with parcels of land to be vacated, and for which the City had the option to purchase. He would like to see such parcels returned to a natural state, particularly with trees and other vegetation. There were no comments from the audience. MOTION Harris moved to close the public hearing and Adopt Resolution No. 91-256 for Vacation No. 91-09, Right-of-Way for part of Baker Road (located in Section. 3, Township 116, Range 22W). Seconded by Pidcock. Motion approved 5-0. B. VACATION NO. 91-10, Part of the Drainage and Utility Easement on • Lot 7, Block 2, Am den Hills Third Addition (Resolution No. 91-257) Jullie said the notice for this vacation was properly noticed and published. The vacation was for a small drainage and utility easement which was no longer needed. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-257 for Vacation No. 91-10. Seconded by Jessen. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION Anderson moved, seconded by Pidcock, to approve payment of claims. Motion for payment of claims approved with Jessen, Pidcock, Harris, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES & RESOLUTIONS • Eden Prairie 5 November 19, 1991 • City Council Minutes .approved VII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request to Consider Purchase of Five Parcels West of Eden Road (continued from November 5, 1991) Jullie said the City had received a proposal for the purchase of five residential properties along Eden Road and Singletree Lane and he called Council attention to the staff report on this subject. He said that if the Council chose to pursue the purchase, an appropriate action would be to retain an appraiser to determine fair market value for the parcels involved. Harris said she expected additional development in the area soon because of the Wal-Mart store. She said her interest was to preserve a parcel of land for a City water tower in the area north of Singletree Lane and she agreed with staff recommendation to have the property appraised. Jessen said he would like a better understanding of how the property would be used by the City before an appraisal was made. Tenpas said the only reason he could see for the City to purchase • the properties was a public purpose. Harris said she believed the City should acquire the properties before the cost became prohibitive if it were determined that the properties would be used for a public purpose. Anderson said he was not in favor of purchasing the property until the City had determined exactly how it would be used for a public purpose. Jullie said a water tower in the area was a possibility. He said at the December 3, 1991 Council meeting, staff would recommend hiring a consultant to design the water tower to determine whether a large water tank could fit into a downtown design concept. He added that it would give the City control over the "front door" to the Teman property which would probably be the next parcel to be developed. Council agreed to request staff to study further the feasibility of the City purchasing these properties and possible uses for the properties. Kelly Doran, one of the owners of the properties in question, said the reason this proposal was brought before the Council was that the owners believed that the particular five parcels were important to the development of the downtown area, and that if the City owned them, it could exercise more control over the entrance to the • downtown area. Eden Prairie 6 November 19, 1991 City Council Minutes approved • VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES I%. APPOINTMENTS A. Southwest Metro Transit Commission (SMTC) - Appointment of a Councilmember to serve on the Southwest Metro Transit Commission for a three-year term commencing January 1, 1992 to December 31, 1994. MOTION Anderson nominated Pidcock as the Councilmember to serve on the Southwest Metro Transit Commission for the three-year term. Seconded by Harris. Motion approved 5-0. B. South Hennepin Regional Citizens Advisory Commission - Appointment of two representatives, one for 1992, and one for 1992-1993 MOTION Jessen moved to nominate Bette Anderson for the 1992-93 term, Bill Jackson for the 1992 term, with Virginia Gartner as alternate, per • recommendation from the Human Rights and Services Commission of November 15, 1991. Seconded by Harris. Motion approved 5-0. A. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Truth-in-Taxation Harris said her concern was that sufficient and accurate information was made available to the public prior to the Truth- in-Taxation hearing. She requested that the staff prepare the information in an understandable form and request that the newspapers publish it. She said she believed the use of tables and bar graphs were very effective. 2. Minnesota River Anderson said he said there was a meeting on Thursday, November 21, with the PCA regarding the pollution in the Minnesota River and another meeting next month with the Metropolitan Council. He said he believed the City should take a position on the clean-up of the river as it should be an amenity to the community. • Eden Prairie 7 November 19, 1991 • City Council Minutes approved Jessen said the problem with the Minnesota River came from upstream and the river was polluted with farm chemicals from the farming areas around Mankato and New Ulm. He said he believed the City should go on record as supporting any efforts to clean up the river, and at the same time be committed to spending money to clean up any pollution caused by the City. He said the proposed expansion at Flying Cloud Airport could have a significant impact on the water quality in the river. Enger said that he and City Engineer Alan Gray served on the Lower Minnesota Technical Division Committee whose purpose was to act as a clearing house for each agency involved with the problem and to identify all the causes of the pollution in the Minnesota River. He said the Committee had determined three causes: (1) Direct drainage from agricultural run-off; (2) Direct wind-blown pollution; (3) Pollution from urban areas from the air-borne contaminants because of runoff from parking lots and other hard surface areas. Dietz said it had been suggested that cities such as Eden Prairie give money to an agency to assist the outstate areas in the clean-up of the river, as the issue with most of the counties • involved was lack of funds for effective clean-up and pollution control. Jessen asked if any Reinvest in Minnesota funds could be used to remove drain tiles and convert land back to wildlife habitats. Enger said that money was the issue in the outstate areas. Therefore, he believed that Dietz's suggestion was appropriate and had the best chance of being successful. After further discussion, the consensus of the Council was that a resolution be drafted by staff to inform environmental agencies and the community that the City was concerned about the environment, and that it would be willing to make commitments to improve the the quality of water in the Minnesota River. 3. Working But Poor in Hennepin County Pidcock referred to the booklet received from South Hennepin Human Services Commission, and wished to call Council attention to the following statistical information: (1) 11.5% of the residents of Hennepin County had incomes at or below the poverty line. Of these, 30% were from the suburbs. (2) 44% of the households using food shelves in the Twin Cities Metropolitan Area reported employment as the main source of income. The study had stated that it was not likely that jobs would bring people out of • poverty as had been the case in the past. Eden Prairie 8 November 19, 1991 City Council Minutes approved B. REPORT OF CITY MANAGER 1. Permit Process Regarding Fill West of Prairie Center Drive Jullie said staff had been investigating further the Army Corps of Engineers permitting process for the filling program the City had along the west side of Prairie Center Drive. It had been suggested that the City make sure its interests were protected in this matter. Linda Fisher from the Larkin Hoffman law firm was suggested as a person with expertise in this area who could represent the City. Because this project had the potential for enormous economic impact on the community, Jullie said he believed it was a good idea to retain the services of Ms. Fisher to get information to the appropriate personnel in the various agencies involved. He called attention to Ms. Fisher's written proposal. Jessen explained that the City had been served a notice of suspected violation from the Army Corps of Engineers on the basis of advice it had received from the U. S. Fish and Wildlife Service. When the City began the work in this area, a different set of regulatory processes were in place. However, in the last ten years, the question of who had jurisdiction and what the • potential mitigation might be had changed rather significantly. Jessen said he believed it was a very complex issue with many agencies and personalities involved, and it was also an area of the law where there had been a specialization built up over the last few years. Jessen said he believed the City should have the advice of a wetlands expert on the issue and believed the recommendation from Jullie was a sound one. Tenpas said he wanted to be clear that the City believed the firm of Lang, Pauly and Gregerson was doing a fine job for the City, but that Ms. Fisher of the Larkin Hoffman firm would be retained solely on the basis of her expertise in the area of wetlands. MOTION Harris moved to accept the staff recommendation and retain the services of Linda Fisher of the Larkin Hoffman law firm to advise and represent the City in the permit process regarding fill west of Prairie Center Drive. Seconded by Jessen. Motion approved 5-0. • Eden Prairie 9 November 19, 1991 • City Council Minutes approved 2. Acquisition of CPT Building Jullie called Council attention to a proposal from the Sterling Group, a company composed of two individuals who have had careers in real estate. He said he believed the City needed professional assistance to review all of the implications of the possible purchase of the CPT building. He said he had met with the two principals of the company and stated the City's needs to them, and as a result, the Sterling Group had submitted the proposal. , He recommended Council consider approval of the agreement. Pidcock asked if Jullie had checked the references of former clients of the Sterling Group. Jullie said he had spoken to one city manager who had been very satisfied with the work of the individuals in the firm. Anderson said he would be in favor of hiring the Sterling Group if other references were also favorable. Harris and Jessen agreed. Tenpas requested one change in the contract to include more • meetings with the seller and with the City, instead of three with the seller and twelve with the City as originally proposed. He also believed there should be some stipulation as to what constituted a formal meeting. MOTION Jessen moved to accept the staff recommendation and contract with the Sterling Group for assistance in evaluating the feasibility of the acquisition of the CPT Building by the City. Seconded by Harris. Motion approved 5-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Anderson, to adjourn at 9:40 PM. Motion approved 5-0. •