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HomeMy WebLinkAboutCity Council - 06/04/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 4, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris,Ronald Case,Patricia Pidcock,Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie,Assistant City Manager Chris Enger,Director of Parks, Recreation &Facilities Bob Lambert,Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Pidcock was absent. L APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item N.I. RESOLUTION 96-91 APPROVING FINAL PLAT FOR LIFETOUCH ADDITION and Item N.J. STATEMENT OF RECOMMENDATION TO HENNEPIN COUNTY BOARD TO REAPPOINT PERRY FORSTER TO THE RILEY/PURGATORY CREEK WATERSHED DISTRICT. Case asked how item IV.I. was different from the items included in item IV.D. for the Lifetouch project. Jullie said this is the resolution for final plat approval, as described in the Staff Report of June 4, 1996.. MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,MAY 21, 1996 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, May 21, 1996, as submitted. Motion carried with Harris and Thorfinnson abstaining. CITY COUNCIL MINUTES June 4, 1996 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BEARPATH 1996 PUD AMENDMENT by Bearpath Limited Partnership. 2nd Reading of Ordinance 23-96-PUD-8-96 for PUD Amendment and Zoning District Amendment on 15 acres and Approval of a Supplement to Developer's Agreement for Bearpath Limited Partnership. Location: Bearpath Trail and Dell Road. (Ordinance 23-96-PUD-8-96 for PUD Amendment and Zoning District Amendment) C. LAKEVIEW OFFICE by Dana Larson, Roubal and Associates. 2nd Reading of Ordinance 25-96 for Zoning District Amendment in the Office Zoning District on 2.79 acres; Adoption of a Site Plan Review on 2.79 acres and Approval of a Developer's Agreement for Lakeview Office by Dana Larson, Roubal and Associates. Location: West 78th Street. (Ordinance 25-96 for Zoning District Amendment and Resolution 96-87 for Site Plan Review) D. LIFETOUCH CORPORATE HEADQUARTERS by Lifetouch,Inc. 2nd Reading of Ordinance 24-96-PUD-9-96 for PUD District Review on 16.22 acres and Zoning District Change from Commercial Regional to Office on 9.6 acres;Adoption of a Site Plan Review on 9.6 acres and Approval of a Developer's Agreement for Lifetouch Corporate Headquarters. Location: Viking Drive and Prairie Center Drive. (Ordinance 24-96-PUD-9-96 for PUD District Review and Zoning District Change from Commercial Regional to Office and Resolution 96-88 for Site Plan Review) E. SET TUESDAY, 3UNE 18, 1996, 6:30 PM, FOR COUNCIIJSTAFF WORKSHOP ON TELECOMMUNICATIONS F. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR WINDFIELD G. RESOLUTION 96-89 AWARDING CONTRACT FOR TRUNK WATERMAIN CONSTRUCTION ON TECHNOLOGY DRIVE FROM MITCHELL ROAD TO PURGATORY CREEK,I.C. 96-5399 H. RESOLUTION 96-90 APPROVING COST PARTICIPATION AGREEMENT WITH MuDOT FOR CONSTRUCTION OF TRUNK WATERMAIN ON TECHNOLOGY DRIVE,I.C. 96-5399 L RESOLUTION 96-91 APPROVING FINAL PLAT FOR LIFETOUCH ADDITION CITY COUNCIL MINUTES June 4, 1996 Page 3 J. STATEMENT OF RECOMMENDATION TO HENNEPIN COUNTY BOARD TO REAPPOINT PERRY FORS TER TO THE RII.EY/PURGATORY CREEK WATERSHED DISTRICT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A J on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for Comprehensive Guide Plan Change from Low Density, Medium Density, and High Density and Office to Medium and High Density Residential and Office on 88.5 acres, Zoning District Change from Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned Unit Development Concept Review on 88.5 acres,Planned Unit Development District Review on 38.5 acres, Site Plan Review on 38.5 acres,Preliminary Plat of 38.5 acres into 394 lots, and EAW review. Location:Anderson Lakes Parkway and HWY. 169. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change from Rural to RM-6.5 and RM-2.5 and PUD District Review, Resolution for PUD Concept Review, Resolution for Preliminary PIat) Continued from May 7 Council meeting Jullie said1he developer has requested that this be continued to the June 18th agenda. Notices were sent to surrounding properly owners stating that it would be continued. MOTION: Case moved, seconded by Thorfinnson, to continue the Public Hearing to June 18, 1996, per the written request from Pulte Homes of May 23, 1996. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case to approve the Payment of Claims as submitted. Motion carried on a roll call vote,with Case,Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. REQUEST FROM SOUTHWEST METRO TRANSIT FOR CITY COUNCIL APPROVAL OF RESOLUTION 96-92 DECLARING INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION Tyra-Lukens said the Board of Southwest Metro Transit recommended at its May 31, 1996,meeting that its member cities participate in the new local transit tax levy option (also known as the Suburban Transit Association Bill). The option is the result of a compromise that was added to the omnibus transit bill. It should benefit all the opt- out communities. CITY COUNCIL MINUTES June 4, 1996 Page 4 Harris asked if there will be two separately-identified levies, one for the City and one for the Met Council. George Bentley, consultant for Southwest Metro, said there will be two separate levies,with 88%of the total showing up on the City's portion. Hams then asked if there will be funds available for capital purchases and where the 12% portion for the Met Council will go. Bentley replied we will not have access to the 12%for the Met Council and Southwest Metro funds raised would be maintained in a special capital improvement fund for purchase of capital items or for debt service. He said the regional debt levy will continue. Harris asked what Southwest Metro has received from the second fund. Bentley said $3 million in 1994 was used for the purchase of 22 new transit vehicles, and funds have been used for transit hub improvements in Chanhassen and Chaska and for the new facility in Eden Prairie. Case asked if future increases are tied to the future growth in the tax capacity. Bentley said that was correct. Case asked what our control over the funds to Southwest Metro will be. Bentley said Southwest Metro is an agency of Eden Prairie, Chanhassen and Chaska made up of residents of those cities. The funds are provided for putting a transit function on the road, and we will no longer have to fight with Met Council for money. Case was still concerned about the perception of an increase in City taxes on the tax statement. Bentley said Southwest Metro is committed to conducting an extensive public relations campaign in all three cities to help them understand the nature of the change. They will take the initiative to educate the public that there is no tax increase. Thorfinnson said the Councilmembers will take the heat when the tax statements are sent out, and we don't have a lot of control over the actual dollar amounts. Case noted there is a piece of this that is not under our control. He was aware of the potential for repercussion. Tyra-Lukens noted we will have the opportunity to opt out each year. Tyra-Lukens asked if we will be able to have input with the County Tax Assessor as to how the statement is worded. Bentley said the first year we would be able to indicate this is a transfer tax and not an additional levy. Diane Harberts, Executive Director of Southwest Metro, said their goal is to demonstrate their service as a value to the community. Jullie said the City Assessor said there are calculations involving Homestead & Agricultural Credit Aid (HACA)that are related to the computation of the tax levy. He suggested a recommendation for approval would be under the assumption that this would not have any negative impact on our HACA or Fiscal Disparities. Bentley said those are components of the funding that has been coming to Southwest Metro. Bentley said we will continue to get HACA out of the Met Council share. Thorfinnson said if we approve this, it should not have any negative effect on our ability to collect money regardless of where it comes from. CITY COUNCIL MINUTES June 4, 1996 Page 5 Case suggested looking into adding another Council member to the Southwest Metro Board as we get more connected into the organization. Tyra-Lukens thought it would be good to have two councilmembers who are well informed about Southwest Metro. Thorfinnson thought this does not change the relationship between the three cities and Southwest Metro, but we may need to improve communications. Harris noted Councilmember Pidcock's term expires this December, and we will be looking at an appointment to the Board. Bentley said the Board is made of two people from each City, at least one of whom is a member of the City Council. Jack Provo is Eden Prairie's other representative, and Bentley noted he is a very competent alternate. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 96- 92 declaring intent to exercise local transit levy option for taxes payable in 1997, and appropriate amendments to the Joint Powers Agreement,with the understanding that such local transit levy will not have a negative impact on our HACA or Fiscal Disparities funds. Motion carried unanimously. VIII. PETITIONS,REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS.RECREATION&FACILITIES 1. Recommendation Regarding Requirement of Organizations to Provide Insurance When Selling Food or Providing Other Services at Special Events Bob Lambert reviewed the letter from Skip Lane,the City's insurance agent, that suggested the Council consider requiring public service organizations to show they have insurance coverage when selling food or providing other services at special events on public property. Lambert said such a requirement might keep some of the organizations from participating. The City does require any organization selling food to get a license from the County Health Department. He thought that is as far as we have to go in order to cover our liability. The Parks Commission reviewed the recommendation on May 20, 1996, and recommended that we leave this as is. CITY COUNCIL MINUTES June 4, 1996 Page 6 Thorfinnson was concerned about the effect of such a requirement on groups such as the Boy Scouts or youth sports teams. Lambert said some of those organizations may be covered under their national organization; however, athletic organizations are not covered. Thorfinnson said the point is we are trying to make it as easy as possible for groups to exist on their own in the City,and this may be one way we can help them. He thought this requirement would stop a lot of people from participating in events. Harris said her fears are somewhat allayed by the letter from the League of Minnesota Cities. She thought it is the organization's choice to purchase such insurance, but she didn't see us as a City imposing an undue burden by requiring insurance. Lambert said the Eden Prairie Horsemen sent a letter saying they are the only group for whom we have required insurance to use our facilities. They suggested there should be no requirement if there aren't requirements for other groups. Case said he thought there may be certain activities such as the Horsemen or the Archery Club that surpass the risk of other activities. Thorfmnson said he looked at the Horsemen as being different from groups selling food or other activities. Tyra-Lukens agreed that the Horsemen issue is different from this one. Case suggested Staff study exposure levels for various groups and activities in order to understand the risks and bring back their recommendations. MOTION: Tyra-Lukens moved, seconded by Case, to not require public service groups to provide the City with insurance for selling food on public property, but continue to require them to obtain a license from the County Health Department. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Case moved, seconded by Thorfinnson,to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:15 p.m.