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.