HomeMy WebLinkAboutCity Council - 03/04/1997 AMOVED MINUTES
F,DEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 4, 1997 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross Thorfmnson,
Jr., 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 Eugene Dietz, City
Attorney Ric Rosow, and Council Recorder Jan
Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmember Thorfumson arrived late.
PROCLAMATION PROCLAIMING GIRL SCOUT WEEK, MARCH 9-16, 1997
Mayor Harris read a proclamation proclaiming March 9-16, 1997, as Girl Scout Week in the
City of Eden Prairie. Several Girl Scouts and their leaders were present for the proclamation.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added item XI.A.1. Comment about Family Fun Fest. Jullie added item IV.
M. RESOLUTION CONCURRING IN THE TU IISDICTIONAL TRANSFERS
OF CSAH 18 AND TH 101 BETWEEN HENNEPIN COUNTY AND THE
MINNESOTA DEPARTMENT OF TRANSPOMIATION and provided copies of an
amended resolution for item W.H.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the
Agenda as published and amended. Motion carried unanimously.
H. OPEN PODIUM
M. MINUTES
A. CITY COUNCIL WORKSHOP MEETING HELD TUESDAY,
FEBRUARY 4, 1997
MOTION: Case moved, seconded by Butcher-Younghans, to approve as
published the Minutes of the City Council Workshop meeting held Tuesday,
February 4, 1997. Motion carried unanimously.
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March 4, 1997
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 1997
Case said spellings in paragraph 1, page 4, should be changed to "Rosow" and
paragraph 10, page 4, should be changed to "Hagman."
Tyra-Lukens said paragraph 4, page 16, should be changed as follows: "Tyra-
Lukens said that concerns regarding financial accountability led to a meeting
today between City representatives and Southwest Metro staff. They developed
a planned reporting structure to ensure that City Council and staff are well
informed about Southwest Metro activities."
MOTION: Tyra-Lukens moved, seconded by Case, to approve as published
and amended the minutes of the City Council meeting held Tuesday, February
18, 1997. Motion carried unanimously.
C. CITY COUNCIL WORKSHOP MEETING HELD TUE DAY,
FEBRUARY 18, 1997 -
MOTION: Butcher-Younghans moved, seconded by Case, to approve as
published the minutes of the City Council Workshop held Tuesday, February
18, 1997. Motion carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. DON PABLO RESTAURANT by DF &R Restaurants, Inc. 2nd Reading of
Ordinance 6-97-PUD-3-97 for PUD District Review on 2.12 acres and Zoning
District Amendment in the C-Reg-Ser Zoning District on 2.12 acres, Adoption
of Resolution 97-29 for Site Plan Review on 2.12 acres and Approval of a
Developer's Agreement for DF &R Restaurants, Inc. Location: North of 494,
west of Prairie Center Drive, south of Viking Drive. (Ordinance 6-97-PUD-3-
97 for Zoning District Review and Zoning District Amendment and
Resolution 97-29 for Site Plan Review)
C. EDEN PRAIRIE MAINTENANCE FACILITY by the City of Eden Prairie.
2nd Reading of Ordinance 7-97-PUD-4-97 for PUD District Review and Zoning
District Change from I-5 to I-2 on 7.6 acres and Adoption of Resolution 97-30
for Site Plan Review on 7.6 acres. Location: 15150 Technology Drive.
(Ordinance 7-97-PUD-4-97 for PUD District Review and Zoning District
Change and Resolution 97-30 for Site Plan Review)
D. CODE CHANGE (LOT WIDTH) 2nd Reading of Ordinance 8-97 amending
the Residential Districts. (Ordinance 8-97)
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March 4, 1997
Page 3
E. 2ND READING OF ORDINANCE 5-97 AMENDING ORDINANCE
F. RESOLUTION 97-31 APPROVING FINAL PLAT OF BOUIDER POINTF
6TH ADDITION (located South of Boulder Pointe Road and North of
Mitchell Road)
G. RESOLUTION 97-32 AWARDING CONTRACT FOR I.C. 97-5431
1997 STREET SWEEPING
H. RESOLUTION 97-33 APPROVING CONSENT AGREEMENT AND
FINAL ORDER WrIH THE UNITED STATES NVTRO MENTAL
PROTECTION AGENCY FOR RESTORATION OR MITIGATION OF
THE PARTICIPATION DEVELOPMENT CORPORATION PROPERTY
I. APPROVE ADVER SEMENT FOR BIDS ON MIGHTY DUCKS GRANT
PROTECT
J. APPROVE OPENING OF BEACHES ON THE FIRST DAY OF SUMSIER
VACATION
K. APPROVE CONTRACTS FOR VENDING SERVICES AT THE EDEN
PRAIRIE COMMUNITY CENTER
L. APPROVE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS/KLEIN PETERSON PURCHASE
M. RESOLUTION 97-34 CONCURRING IN THE TU_R_ISDICTIONAL
TRANSFERS OF CSAH 18 AND TH 101 BETWEEN HENNEPIN
COUNTY AND THE MI NESOTA DEPARTMENT OF
TRANSPORTATION
Regarding item J, Case asked if we could consider using the money saved by
delaying the beach openings on another project such as the Fourth of July
celebration.
Butcher-Younghans asked if we would put up signs at the beaches regarding
swimmers going at their own risk and how we will handle the potential liability.
Lambert said the beaches are closed by ordinance and no one is allowed to
swim. The Park Rangers will monitor the beaches.
Case asked if we know whether the County Park is open on Memorial Day.
Lambert said they have not been in the past, and they are also cutting back on
the number of days that beaches are guarded.
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March 4, 1997
Page 4
Harris asked if there is a liability when the beaches are used when not officially
opened. Rosow said he did not believe there is a liability based on the statutory
protection of operation of municipal parks.
MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-
M of the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. 1997 COMM`UNrrY DEVELOPMENT BLOCK GRANT FiTNDLNG
PROPOSALS (CDBG). (Resolution 97-35)
Jullie said the official notice of this Public Hearing was published on February
20, 1997 in the Eden Prairie News. The City's 1997 Community Development
Block Grant entitlement is $189,472 and will be available beginning in July.
Each year the City Council must conduct a Public Hearing and determine an
allocation of the CDBG funds. As has been customary, the Housing,
Transportation and Social Services Board (HTSSB) reviewed and recommended
the CDBG funding allocation at its February 6 meeting.
Jullie said the recommendations from HTSSB and supporting background
information are included with the Staff agenda report of March 4, 1997. The
recommendations are for 20% of the funding allocations ($37,467) to go to
human service activities and the remaining amount of$151,905 be allocated to
housing related activities. This is in accordance with guideline priorities
recommended by Hennepin County.
Grace Norris, representing the Greater Minneapolis Day Care Association, said
they are currently serving four Eden Prairie families. She thanked the Council
for the funding provided. Harris noted child care is one of the most important
services that can be provided to people.
Jennifer Ruhland, representing the Community Action for Suburban Hennepin
Homeline, reviewed the services they provide and thanked the Council for the
funding.
There were no comments from the audience.
MOTION: Case moved, seconded by Butcher-Younghans, to close the Public
Hearing and to adopt Resolution 97-35 approving the 1997 CDBG Funding
Allocations as reviewed and recommended by the Housing, Transportation and
Social Services Board per the Staff agenda report of March 4, 1997. Motion
carried unanimously.
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March 4, 1997
Page 5
B. LOCAL LAW ENFORCEMENT BLOCK GEANT
Jullie said the official notice of this Public Hearing was published on February
27, 1997 in the Eden Prairie News. The Eden Prairie Police Department
applied for and was awarded a Federal Local Law Enforcement Block Grant in
the amount of$10, 332 which has already been received. The City's obligation
is a match of$1,148. This grant will be used to replace outdated and worn
radio equipment, all in accordance with our long term planning. A requirement
prior to spending any of these fiends is to conduct a Public Hearing regarding
the proposed use of this block grant.
There were no comments from the audience.
MOTION: Tyra-Lukens moved, seconded by Case, to close the Public
Hearing; and to direct Staff to proceed with utilization of the Federal Law
Enforcement Block Grant as per the Staff agenda report of March 4, 1997.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of
Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans,
Case, Thorfinnson, Tyra-Lukens and Harris voting "aye."
VH. ORDINANCES AND RESOLUTIONS
VIII. p QNS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOEVIMENTS
A. HUMAN RIGHTS &DIVERSITY COMMISSION- One appointment to
Human Rights &Diversity Commission for a three-year term
Jullie said an opening exists on this Commission due to the recent resignation of
Vladimir Kozyrev.
Butcher-Younghans nominated Vicki Pellar-Price.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the
nominations and to cast a unanimous ballot for Vicki Pellar-Price for a three-
year term on the Human Rights &Diversity Commission. Motion carried
unanimously.
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March 4, 1997
Page 6
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Report of-Councilmember Tyra-Lukens, Council Liaison to
Southwest Metro Transit
Tyra-Lukens reported they have solicited applications for Executive
Director and will be interviewing within the next two weeks. At the last
meeting they discussed developing policies and procedures for building
reserves and investments because Southwest Metro now has an increased
financial responsibility as a result of the local levy option.
She said they are exploring the possibility of a circulator bus route
throughout the three cities. Dial-A-Ride would then be used to connect
people to the circulator routes. This would make the operations more
efficient; however, it will result in Chaska and Chanhassen having a
fully unfeathered status.
Harris asked if we have scheduled a Council briefing on the transit hub.
Tyra-Lukens thought it might be more expedient to do that when we
meet with the new Executive Director, possibly in conjunction with
Chaska and Chanhassen.
2. Comments on Family Fun Fest
Case complimented staff on their participation in the Family Fun Fest
held at Oak Point Intermediate School last weekend. He said the event
was very well attended and very successful.
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION &NATURAL
RESOURCES
1. 4th of July Fireworks (Continued from February 18 Council
meeting)
Referring to the staff agenda report of March 4, 1997, Lambert said
staff has developed three options for possible changes in our traditional
July 4 Community Celebration, including fireworks. At this time it
appears very possible to stage the evening events, including fireworks,
at the Eden Prairie Center. In terms of parking and road access, this is a
most superior site. If successful this year, the event could be planned to
continue there in future years as an appropriate focus on our downtown
area, including the renovated Eden Prairie Center after 1998. He noted
they have not yet received permission from Eden Prairie Center to hold
the event there.
CITY COUNCIL MINUTES
March 4, 1997
Page 7
Case said he had discussed this with Councilmember Butcher-Younghans
and they believe this provides future opportunities down the line that we
need to begin thinking about now. He would like staff to start looking at
next year and the years to come for options to using Round Lake only as
we have in the past. We need to look at some possibilities that would
accommodate up to 20,000 people in the future.
Butcher-Younghans had received several calls from residents wanting to
have the fireworks. She thought we need to look at this as a transition
year and as an opportunity to look at other possibilities.
Tyra-Lukens asked whether we could reserve July 6 as a backup date in
case of bad weather on July 4. Tria Mann said they have asked for
either date, but they could explore the possibility of reserving both dates.
Case said that while cost is not everything, it is problematic. He asked
staff to explore moving some of the day-time activities that were held at
Round Lake in the past to other parks in the City, and to provide
activities that will be low or no cost. Lambert thought they could
explore the opportunity to try out different things.
Butcher-Younghans thought it is essential to get the word out to people if
we are able to have the fireworks. She suggested using the newspaper
and to having flyers sent out with school children.
Case said that while campaigning at the 1994 Fourth of July event he
noticed about one out of five participants was not from Eden Prairie.
The consensus was to proceed with Option 2 in the staff memorandum to
have fireworks at the Eden Prairie Center on July 4, 1997, provided the
permission of Eden Prairie Center is obtained.
2. Proposed Donations from Eden Prairie Soccer Association and Eden
Prairie Baseball Association for Improvements to Flying Cloud
Fields
Lambert said we have received donation proposals from the Eden Prairie
Soccer and Baseball Associations for improvements to the Flying Cloud
ballfields, as outlined in the staff report of March 4, 1997. The Soccer
Association also made a request for the City to consider expansion of the
property leased from Metropolitan Airports Commission (MAC) for the
purpose of doubling the number of soccer fields at that site. The total
dollar amount of donations proposed towards the irrigation, fencing,
warning track and sod equals $37,400. The total project cost will be
$57,400, leaving a balance of$20,000 to be covered by cash park fees.
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March 4, 1997
Page 8
Lambert said the Parks, Recreation &Natural Resources Commission
reviewed the proposal last evening and recommended approval of the
$20,000 expenditure for the improvements from Cash Park fees.
Tyra-Lukens asked where these improvements stand on the Capital
Improvement Plan (CIP). Lambert said we have talked about doing
these things but they are not presently part of the CIP. He said MAC
had several expansion plans, one of which included taking all of the
fields away from us. The plan that was approved by MAC has no
intention of putting hangars in that area, so staff now feels comfortable
in making recommendations for the improvements. He noted staff will
be coming to the Council in two weeks with the results of the traffic
study for road and parking improvements in that area.
MOTION: Case moved, seconded by Butcher-Younghans, to accept
the proposed donations from the Soccer Association and the Baseball
Association as per the Staff agenda report of March 4, 1997, and to
authorize Staff to obtain bids for the proposed improvements; and to
authorize Staff to request the Metropolitan Airport Commission to
consider expansion of the lease for Flying Cloud ballfields westerly to
Spring Road. Motion carried unanimously.
Tyra-Lukens suggested we extend a note of thanks to the Soccer and
Baseball Associations for their donations.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
A. CITY MANAGER EVALUATION (closed session)
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to move to
a closed session for the purpose of completing the evaluation process. Motion
carried unanimously.
Councilmember Thorfinnson arrived at 8:40 p.m.
XM. ADTOURNMENT
The Council met in closed session from 8:15 to 8:45 p.m., after which the meeting was
adjourned.