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HomeMy WebLinkAboutCity Council - 12/20/1994 MWUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 20,1994 7:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen,Patricia Pidcock 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 Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. On behalf of the other Council members and the residents of Eden Prairie, Councilmember Harris thanked Mayor Tenpas for four years of dedicated service and presented him with a key to the City of Eden Prairie. PRESENTATION OF THE PEDESTRIAN PROTECTION OUTSTANDING SERVICE AWARD TO THE CITY OF EDEN PRAIRIE FROM AAA OF MINNEAPOLIS Ms. JoAnne Boche, AAA of Minneapolis, presented the Pedestrian Protection Outstanding Service Award to the City. This award recognizes Eden Prairie`s low number of pedestrian accidents and credits our safety education and pedestrian paths as contributors to our good safety record. PROCLAMATION FOR MARTIN LUTHER KING, JR. CELEBRATION TO BE HELD JANUARY 14, 1995 Mayor Tenpas read the City's Proclamation regarding the Martin Luther King,Jr. Celebration Day set for January 14, 1995. Councilmember Pidcock presented a refund check for $89,564.00 to the City from the League of Minnesota Cities Insurance Trust. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted. Motion carried unanimously. CITY COUNCIL MINUTES 2 December 20, 1994 H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 6, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, December 6, 1994, as submitted. Motion carried with Jessen abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE NO. 50-94 FOR OUTDOOR SALES AND DISPLAY C. RESOLUTION NO. 94-205 APPROVING FINAL PLAT OF THE BIG WOODS (located north of Pioneer Trail and east of Dell Road) D. RESOLUTION NO. 94-206 APPROVING FINAL PLANS FOR CSAH 18, I.C. 52-175 AND PROHIBITING ON-STREET PARKING E. RESOLUTION NO. 94-207 REJECTING BIDS FOR CITY WEST PARKWAY EXTENSION,I.C.94-5368 F. APPROVE AWARD OF COMNIISSIONERS FOR CONDEMNATION OF CITY WEST PARKWAY RIGHT-OF-WAY FROM HELEN B. PAVELKA (RESOLUTION NO. 94-208) G. SET TUESDAY, FEBRUARY 14, 1995, 6:00 PM, CITY COUNCIL CHAMBER, TO INTERVIEW CANDIDATES FOR BOARDS&COMiVIISSIONS H. SET SPECIAL CITY COUNCIL MEETING FOR TUESDAY, JANUARY 10, 1995, 7:00 - 9:00 PM, TO REVIEW AND APPROVE PLANS FOR WATER PLANT EXPANSION I. ARC OF HENNEPIN COUNTY TRANSFER OF CAMP EDENWOOD LEASE TO FRIENDSHIP VENTURES J. RESOLUTION NO.94-209 ON TAX FORFEITED LANDS Jessen asked if the homeowners affected by Item J had reviewed the resolution. Dietz said all of the adjacent property owners have been contacted. CITY COUNCIL NLUVUTES 3 December 20, 1 994 Pidcock asked if Item G could be changed to a different date. Jullie suggested that this item be pulled from the Consent Calendar and discussed at the first Council meeting in January. Pauly said that the Police Department has been unable to conclude the review of the On Sale Liquor & Sunday Liquor License renewal for Ma Ma D's of Eden Prairie, so that item on the Clerk's License List should be approved contingent upon the Police Department completing the review with no negative findings. Dietz said he had distributed an amended resolution for Item D. MOTION: Pidcock moved, seconded by Jessen, to approve Item A per the City Attorney's recommendation, Items B and C, revised Item D, Items E and F, and Items H-J on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUPER VALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135.4 acres. Location: North of Valley View Lane, between Highway 212 and I-494. (Resolution No. 94-210 for PUD Concept on 135 acres) Continued from December 6, 1994 Jullie noted the sight line profile that was done from the 1Vlolde property and the written narrative from Super Valu describing how their plan respects natural features. MOTION: Harris moved, seconded by Jessen, to adopt Resolution No. 94-210 approving the PUD Concept Plan; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-1 with Pidcock opposed. Pidcock said she voted against the motion because she ran for the City Council on a platform of protecting the natural amenities in Eden Prairie; however, she expressed appreciation for the contributions Super Valu has made as a corporate citizen of Eden Prairie and for the adjustments to the project that Super Valu made to please the neighborhood. Tyra-Lukens said she was voting for the project this time because the sight line profile was deemed satisfactory. B. VACATION 94-15 - VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET (Resolution) Continued from December 6, 1994 MOTION: Pidcock moved, seconded by Harris, to continue this item to the 2nd Council meeting in February 1995. Motion carried unanimously. C. LOOSEN ADDITION by Michael and Patricia Loosen_ Request for Zoning District Change from Rural to R1-13.5 on 2.43 acres and Preliminary Plat of 7.73 acres into 4 lots and 1 outlot. Location: City West Parkway and Old Shady Oak Road. CITY COUNCIL MINUTES 4 December 20, 1994 (Ordinance for Zoning District Change from Rural to R1-1.3.5 and Resolution No. 94-211 for Preliminary Plat) Michael Loosen reviewed his request for subdividing his property. Enger said the Planning Commission reviewed the proposal at the November 28th meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of November 23rd. The Parks Department reviewed the project on December 5th and also recommended approval,per Staff recommendations. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5; to adopt Resolution No. 94-211 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens,to approve the Payment of Claims as submitted. Motion carried on a roll call vote,with Harris,Jessen,Pidcock,Tyra-Lukens and Tenpas voting "aye." VU. ORDINANCES AND RESOLUTIONS VIH. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST AND REPORT BY THE EDEN PRAIRM RETAILERS REGARDING THE EDEN PRAIRIE RETAIL TOBACCO ORDINANCE (Continued from December 6, 1994) Jullie said there are some additional questions to review and discuss and the Council needs to name another Council member to the Task Force. He recommended that any changes be referred back to the Task Force. Councilmembers expressed concern that we propose grandfathering existing employees under the age of 18 but not permitting future employees under 18 to sell tobacco products, that we should be dealing with the problem of buying products, not selling them, and that this may have the effect of discriminating against job seekers under the age of 18. Tenpas suggested that the issue be returned to the Task Force in order to get a more detailed report from both sides and to get input from the community. MOTION: Tyra-Lukens moved, seconded by Pidcock, to continue the discussion to allow time for the Tobacco Ordinance Task Force to prepare a detailed report. Motion carried unanimously. CITY COUNCIL MINUTES 5 December 20, 1994 MOTION: Tyra-Lukens moved, seconded by Pidcock, to appoint Ron Case to serve as Chairperson of the Tobacco Ordinance Task Force to replace Mayor Tenpas. Motion carried unanimously. Dave Edquist, representing Super America, said they would like to request that the Task Force meet as soon as possible to effect closure, since this has been going on since July. MOTION: Pidcock moved, seconded by Harris, to schedule this item for the second Council meeting in January, at which time the Task Force report will be reviewed and a vote will be taken on any proposed changes to the ordinance. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS,COMIVIISSIONS&COMMITTEES A. REPORT FROM MUNICIPAL LEGISLATIVE COMMISSION ON AFFORDABLE HOUSING STUDY Bob Renner, representing the Municipal Legislative Commission (MLC), and Cindy Thomas, consultant for the Housing Study, reviewed the major findings of the report on affordable housing in the Twin Cities metropolitan area. Councilmembers expressed appreciation for the extremely well done report. They questioned how it will be used and whether we know how many total subsidized units there are in the different cities. Renner said the first group to see the report are the City Councils and Mayors of the 13 cities involved, followed by all 40 members of the legislative delegation, State Representative Myron Orfield, the editorial boards of the newpapers, the Tax Committee and other groups. He said 49% of the homes in the MLC communities would qualify for first-time FHA home buyers financing. Tenpas suggested the possibility of a bipartisan group including the Metropolitan Council to work on this issue in order to reach agreement on data that may then be worked on without the legislature being involved. B. SOCIAL SERVICES & HOUSING COMMITTEE - Concept Approval for Housing Pilot Program Tenpas reviewed the recommendations of the committee for a pilot program that will help get families self sufficient and off the welfare system. He commended Dave Lindahl for his outstanding job on the committee. He noted that the committee showed that many things can be done to help resolve some metro-wide problems without spending a lot of money. Ross Thorfinnson, Committee member, said they plan to start with five people about April I st. He said there will be a small amount of City money invested in the mentorship portion of the program; however, they consider mentoring to be very important for the on-going success of the program, and existing programs will be used as resources for the mentorship as well as other parts of the program. CITY COUNCIL MINUTES 6 December 20, 1994 Councilmembers commended the committee for their unique approach of integrating housing and social services and requiring participants to assume responsibility through a contractual relationship. Councilmembers expressed concern about how and when the program will be evaluated. Thorfinnson said individuals will be evaluated by Case workers at STRIDE and Hennepin Technical College. He said the committee has several things that need to be put in place before we start. Tenpas noted that there is a defined end to the program. MOTION: Pidcock moved, seconded by Tyra-Lukens, to grant concept approval for Eden Prairie's Housing Pilot Program as per the staff memorandum of December 16, 1994. Motion carried unanimously. X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION - Appointment of Marjorie Bundgaard as the Flying Cloud Business Representative MOTION: Pidcock moved, seconded by Jessen, to appoint Marjorie Bundgaard as the Flying Cloud Business Representative on the Flying Cloud Airport Adirisory Commission. Motion carried unanimously. B. LOWER NIINNESOTA RIVER WATERSHED DISTRICT-Recommendation to the County Board for the reappointment of Ed Schlampp to a three-year term on the Lower Minnesota River Watershed District. Present term expires March 22, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to recommend to the Hennepin County Board of Commissioners the reappointment of Ed Schlampp to a three-year term on the Lower Minnesota River Watershed District commencing March 22, 1995. Motion carried unanimously. M. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Proposed Connection Fee Charges for Franlo Road Homesteads CITY COUNCIL MINUTES 7 December 20, 1994 Dietz reviewed the Staff recommendations for dealing with the levies on the four Franlo Road properties that are part of the MCA. A major portion of the levied amounts will be removed and put on as connection fees at the time of redevelopment. Dietz recommended that this proposal be summarized in a connection fee agreement that would be recorded with the City. Councilmembers questioned whether the proposal is agreeable to the property owners and how much the City would have collected under the previous arrangement. Dietz said the property owners have agreed with the proposal and there is no difference in the amount that the City will collect,just a change from being a deferred assessment to being a connection fee at the time of redevelopment. MOTION: Jessen moved, seconded by Harris, to approve the special assessment modifications to be made in accordance with the agenda report by Mr. Dietz of December 20, 1994, with the addition of the connection fee agreement as presented by Dietz. Motion carried unanimously. 2. Award of Improvement Contract for 1995 Maintenance Materials and Water Treatment Chemicals,I.C.95-5375 (Resolution No.94-212) Dietz reviewed the summary of bids, noting that the award for asphalt overlays will be made to two companies, with Midwest Asphalt to be used whenever possible. Councilmembers questioned whether Midwest Asphalt is complying with all City ordinances. Dietz said Staff has been working with them to develop a plan that would help them be a better neighbor to the nearby residents. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 94-212 Awarding the Contract for I.C. 95-5375, with the condition that the percent of purchases made from Midwest Asphalt be contingent upon submittal, approval and compliance with the plan that is being developed. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIIM ADJOURNMENT MOTION: Harris moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Tenpas closed the meeting at 9:00 p.m.