HomeMy WebLinkAboutCity Council - 10/05/1993 A11NUTES
• EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 5, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Hams, 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
Community Development Chris Enger, Park Planner Barbara Penning
Cross, and Director of Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:30 p.m. Pidcock was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jessen added item XI.A.1., Update on SHeRPA Activities.
• MOTION: Harris moved, seconded by Jessen, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
A. BOGS ON RED ROCK LAKE
Jim Eckblad, 15406 Village Woods Drive, and Mike McCann, 15416 Village Woods Drive, asked
about progress on the removal of the bogs within Red Rock Lake. Dietz explained that the City had
hired a contractor to remove the bogs; however, the contractor had been shut down over the weekend
because of problems encountered. Staff was currently working on alternatives with the Minnesota
Department of Natural Resources.
B. BONFIRE FOR CIRCLE OF FIRE
Matt Norman, Mike Lanberg, and Derrick Davis, members of the High School, the Circle of Fire
youth group requested Council permission to hold a bonfire. Councilmembers raised questions
regarding liability insurance. Staff responded that the School District was providing adult supervision.
III. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER
21, 1993
• MOTION: Anderson, seconded by Jessen, to approve the minutes of the September 21, 1993, meeting
as submitted. Motion carried unanimously.
City Council Minutes 2 October 5, 1993
WV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. REQUEST FROM SCHOOL DISTRICT TO DISPLAY COMAM40RATIVE PLAQUES AT
THE ROUND LAKE PARK TENNIS COURTS
C. REQUEST BY HOMART FOR GRADING PERMIT FOR DEVELOPMENT OF A KOHL'S
DEPARTMENT STORE WITHIN EDEN PRAIRIE CENTER AREA
D. APPROVE SUPPLEMENTAL AGREEMENT NO. 6 FOR DELL ROAD, I.C. 52-126
E. RESOLUTION #93-198, DECLARING COSTS TO BE ASSESSED AND ORDMUNG
PREPARATION OF PROPOSED 1993 SPECIAL ASSESSMENT ROLLS AND SETTING
HEARING DATE
F. REQUEST BY ALEX DORENIEMPER FOR A GRADING PERMIT TO CONSTRUCT A
WILDLIFE POND ON HIS PROPERTY LOCATED ON PIONEER TRAIL EAST OF LAKE
RILEY
MOTION: Hams moved, seconded by Jessen, to approve items A. -F. of the Consent Calendar as
• presented. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. FREEBURG/PERHINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary
Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of
Adjustments and Appeals. Location: Willow Creek Road (Continued from August 3,1993)
MOTION: Anderson moved, seconded by Harris, to close the public hearing and acknowledge the
withdrawal of the application by the applicant. Motion carried unanimously.
B. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from
Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest
corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from
Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from September 21, 1993
MOTION: Harris moved, seconded by Anderson, to continue this item to the October 19, 1993
meeting. Motion carried unanimously.
C. VACATION 93-04 - VACATION OF EASEMENT FOR RIGHT-OF-WAY OVER PART OF
LOT 1. BLOCK 1, EDENVALE INDUSTRIAL PARK 7TH
• Since publication of the public hearing, NSP and the owner of the property had agreed to maintain
the easement and, therefore, requested that Council deny the vacation of the easement at this time.
There were no comments from the audience.
City Council Minutes 3 October 5, 1993
• MOTION: Jessen moved, seconded by Harris, to close the public hearing and deny the request for
vacation of the easement. Motion carried unanimously.
D. VACATION 93-05-VACATION OF RIGHT-OF-WAY FOR PART OF BLUE CIRCLE DRIVE
(Resolution)
Staff presented the request for vacation of right-of-way for part of Blue Circle Drive. There were
no comments from the audience.
MOTION: Anderson moved, seconded by Jessen, to close the public hearing and adopt Resolution
#93-199, vacating right-of-way for Blue Circle Drive. Motion carried unanimously.
E. VACATION 93-06 - VACATION OF RIGHT-OF-WAY FOR BLUFF ROAD LOCATED IN
SECTION 36 (Resolution)
Staff presented the request for vacation of right-of-way for part of Bluff Road. There were no
comments from the audience.
MOTION: Jessen moved, seconded by Hams, to close the public hearing and adopt Resolution#93-
200, vacating a part of the right-of-way for Bluff Road. Motion carried unanimously.
• F. VACATION 93-07 - VACATION OF DRAINAGE AND UTILITY EASEMENT ON LOT 10,
BLOCK 1, PRAIRIE EAST 4TH ADDITION (Resolution)
MOTION: Harris moved, seconded by Anderson, to close the public hearing and adopt Resolution
#93-201, vacating the drainage and utility easement. Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Jessen moved, seconded by Hams, to approve the Payment of Claims as presented. Motion
carried on a roll call vote, with Anderson, Harris, and Jessen, and Tenpas voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. 2ND READING OF ORDINANCE AMENDING SECTION 5.36 OF THE CITY CODE, AND
ADOPTING RESOLUTION TO ESTABLISH RESIDENTIAL SOLID WASTE COLLECTION
DISTRICTS
MOTION: Harris moved, seconded by Anderson, to approve the 2nd Reading for adoption of the
Ordinance and the Summary for Publication, and to adopt Resolution#93-202, establishing collection
district boundaries and collection days. Motion carried unanimously.
B. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3, BY ADDING
• SECTION 3.75 TO ESTABLISH A STORM WATER SEWER SYSTEM UTILITY
Dietz reviewed the details of the proposed ordinance establishing a storm water utility system in the
City. He added that first task would be to prepare a storm water quality plan for the City.
City Council Minutes 4 October 5, 1993
Councilmembers asked about the impact this would have on the General Fund and about coordination
of efforts with other agencies.
Dietz said that the details regarding impact on the General Fund would be available for the next
meeting. Regarding involvement and coordination with other agencies, Dietz stated that the City
would be complying with all appropriate regulations of other agencies, but that other processes of
these agencies had either not yet been completed, or were dealing with other issues than those which
needed to be addressed by Eden Prairie. Councilmembers concurred that it was important for the
City to proceed at this time, and acknowledged that changes to the ordinance may be necessary in the
future depending on the actions taken by other agencies.
MOTION: Harris moved, seconded by Anderson, to approve the 1st Reading of the Ordinance to
establish a storm water utility system. Motion carried unanimously.
VMXETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMM17 EES
X. APPOINTMENTS
A. INTERVIEWS AND APPOINTMENTS OF YOUTH REPRESENTATIVES TO BOARDS &
• COMMISSIONS
MOTION: Hams moved, seconded by Anderson, to appoint the following Youth Representatives
to the City's boards and commissions: Lisa-Marie Gualtieri, Planning Commission;Jason Wainwright,
Historical and Cultural Commission; Kelly Baker, Historical and Cultural Commission; Prairie Bly,
Human Rights and Services Commission; Aaron Klink,Human Rights and Services Commission; and,
Mark Bremer, Parks, Recreation, and Natural Resources Commission.
Motion carried unanimously.
B. BOARD OF APPEALS & ADJUSTMENTS - Appointment to fill vacant term to expire 2/28/95
MOTION: Jessen moved, seconded by Harris, to appoint Ronald L. Moeller to fill the vacancy on
the Board of Appeals and Adjustments, which expires February 28, 1993. Motion carried
unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. South Hennepin Regional Planning Agency (SHeRPM
• Jessen reported on the recent activities of SHeRPA regarding demographics of the community.
He explained that the data provided interesting information about the community and that SHeRPA
was currently developing a strategy for disseminating the data to key pohcymakers in the
community in order to effectively tackle some of the service gaps represented by the demographic
City Council Minutes 5 October 5, 1993
• data. lessen noted that this type of information would be helpful to the City for planning its future
services, as well. He said he would report any updated information to the Council.
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES
1. Award Bid for Heating and Ventilation System at Community Center Pool
MOTION: lessen moved, seconded by Anderson, to award the contract for revisions to the heating
and ventilation system at the Community Center pool to Pneumatic Controls, Inc. per its bid for
$84,400, and that an additional $9,400 from the General Fund Contingency Account be allocated
toward this project. Motion carried unanimously.
2. Status of Natural Resources Referendum
Staff discussed strategies for acquisition of natural resource properties as recommended by the Natural
Resources Commission. Timing for a referendum to obtain properties for preservation was discussed.
The preferred timing of a Summer, 1994, referendum would allow Staff time to complete negotiations
on sales prices and obtain options on the properties without undue pressure on the land owners or the
City.
• Councilmembers asked how realistic it was to believe the City could obtain LAWCON(Federal Land
and Water Conservation) Funds for the purchase of the properties involved. Staff said that, while it
was possible, the probability of obtaining LAWCON funds was dependent upon many uncontrollable
factors, such as the number and quality of applications.
Diane Lynch, representing the Eden Prairie Land Trust (EPLT), explained that their major concern
was potential loss of momentum for support of preservation of the properties. Councilmembers
discussed strategies for keeping the issue before the public.
Council directed that Staff continue negotiations with the land owners involved and to continue work
toward a referendum to be scheduled in the Summer, 1994, at the earliest. Anderson and Tenpas
volunteered to work with a referendum committee to help keep the momentum for the project visible
to the public. Councilmembers suggested that the EPLT could be of help in this regard, as well.
D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
1. Approval of Agreement for Urban Design Services
Staff recommended approval of a contract for Urban Design Services with a joint venture of
professionals for the downtown Marketcenter area. Councilmembers expressed concerns about a
complete plan for the entire area, not just a few sites within the downtown portion of the City. For
• example, the Purgatory Creek Recreation Area should be coordinated into an overall plan.
Enger explained that a design for the park had been completed and that the intention of this contract
would be to incorporate the design issues for the entire Prairie Center Drive/Marketcenter area with
City Council Minutes 6 October 5, 1993
• the park and surrounding downtown features. This was to be used for marketing of the remaining
City-owned parcels.
After further discussion, Council concurred that the next phase of this work should include plans for
the entire downtown area. Staff explained that this would be possible within 30 days.
MOTION: Jessen moved, seconded by Anderson, to approve the execution of a contract with Cluts,
O'Brien, Strother Architects and BRW Architects/Engineers as a joint venture for the work on a
comprehensive design framework for the City's Marketcenter. Further, that the approved source of
funding for such work be that portion of the TIF budget allocated for urban design features. Motion
carried unanimously.
Staff asked for Council input regarding City participation in the sale and development of other lands
in the downtown area. Councilmembers concurred that they would like to look at options available
before committing to additional involvement.
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Approve Amendment to Agreement with TKDA for Water System Improvements
MOTION: Harris moved, seconded by Jessen, to authorize the Mayor and City Manager to execute
• an agreement with TI DA to amend the design and construction services for water system
modifications related to U. S. Highway 212 construction and for additional design services for a
transit shelter, all at an estimated cost of $39,000. Further, said design work shall be coordinated
with work performed under the approved Urban Design Services contract for the downtown area with
Cluts, O'Brien, Strother/BRW. Motion carried unanimously.
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION TO ADJOURN: Jessen moved, seconded by Harris, to adjourn the meeting. Mayor Tenpas
adjourned the meeting at 9:05 p.m.
•