Loading...
City Council - 06/18/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, June 18, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, 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 Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary-Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. RESOLUTION NO. 91-145 COMMENDING AL LANGE FOR HIS CONTRIBUTIONS TO THE EDEN PRAIRIE COMMUNITY Mayor Tenpas presented a Resolution to Al Lange commending him for his • contribution to the Eden Prairie Community. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Jessen moved, seconded by Harris, to approve the agenda. Harris requested the addition of Item XI.A., Discussion on League of Minnesota Cities Meeting. Jessen requested the addition of Item YI.13., Capital Facilities. Jullie requested the addition of Item III.L. to the Consent Calendar, Resolution No. 91-149 Approving Participation Agreement with Hennepin County for Traffic Control Signal System at County State Aid Highway No. 1 and County State Aid Highway No. 4. Jullie requested that Item VII.A., Request of Engineering Division for Authorization to Acquire Slope Easements Adjacent to Mitchell Road (Resolution No. 91-134), be continued until such time as a meeting with property owners could be held. Jullie asked that Item VII.B., Request from Darlene Miller to Speak to Dell Road Extension South of Twilight Trail, be removed from the agenda at Ms. Miller's request. He added that a feasibility study report for Dell Eden Prairie 2 June 18, 1991 City Council Minutes Approved • Road project would be coming to the Council on July 2, 1991, with a public hearing scheduled for August 6, 1991. He suggested neighborhood meetings be held to review the feasibility study. Motion to approve the agenda as amended approved 5-0. II. MINUTES A. Workshop on Community Development meeting held Tuesday, May 21, 1991 MOTION Harris moved, seconded by Jessen, to approve the minutes of the Workshop on Community Development meeting held Tuesday, May 21, 1991. Motion approved 5-0. B. City Council meeting held Tuesday, May 21, 1991 MOTION Jessen moved, seconded by Anderson, to approve the minutes of the • City Council meeting of May 21, 1991. Motion approved 5-0. C. Housing & Redevelopment Authority meeting held Tuesday, June 4, 1991 MOTION Jessen moved, seconded by Pidcock, to approve the minutes of the Housing and Redevelopment Authority meeting of June 4, 1991. Motion approved 5-0. D. City Council meeting held Tuesday, June 4, 1991 MOTION Jessen moved, seconded by Harris, to approve minutes of the Council meeting of June 4, 1991. Anderson requested that the first sentence in paragraph four on Page 10 of the minutes read "Anderson said he was concerned that rezoning was not fair to the surrounding landowners ...." • • Eden Prairie 3 June 18, 1991 City Council Minutes Approved Jessen said that because Item X.C.1, Consideration for a 2nd Ice Rink at the Community Center, had been moved to the point in the meeting following Item VII.A. and the discussion had taken place before 11:00 PM, he would like the minutes to be corrected to reflect this change in the agenda order. Minutes approved as amended 5-0. III. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FIELD IMPROVEMENT FUND C. POLICY FOR ALLOWING PRIVATELY SUPERVISED HORSE ACTIVITIES IN PARK PROPERTY D. RESOLUTION NO. 91-137, STATE GRAND-IN-AID SNOWMOBILE TRAIL E. RESOLUTION NO. 91-141 REGARDING USE OF RECYCLED MATERIALS IN BUILDING CONSTRUCTION • F. APPROVE SUPPLEMENT NO. 1 TO COOPERATIVE CONSTRUCTION AGREEMENT FOR T.H. 5 CONSTRUCTION BETWEEN CSAH 4 AND DELL ROAD (Resolution No. 91-112) G. FINAL PLAT APPROVAL OF BLUFFS WEST 9TH ADDITION, (located west of Bennett Place and north of Bluestem Lane) (Resolution No. 91-138) H. FINAL PLAT APPROVAL OF WELTERS PURGATORY ACRES 6TH ADDITION (located east of Homeward Hills Road and south of Sunnvbrook Road) (Resolution No. 91-139) I. -PERMIT APPLICATION FOR CONNECTION OF MWCC, SUNRISE CIRCLE IMPROVEMENT (Resolution No. 91-141) J. CUB FOODS by Super Valu Stores. 2nd Reading of Ordinance No. 6- 91 Zoning District Change from R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances approved by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-143, Authorizing Summary and Ordering Publication of Ordinance; Adoption of Resolution No. 91-41, Site Plan Review on 9.81 acres; 1 lot, 1 outlot and road right-of-way for construction of a 73,000 square foot building to be known as Cub Foods. Location: Northwest corner of 78th- Street and Prairie Center Drive, south of Leona Road. (Ordinance No. 6-91 - Zoning District Change; Resolution No. 91- 143 - Summary and Publication; Resolution No. 91-41 - Site Plan • Review) Eden Prairie 4 June 18, 1991 City Council Minutes Approved • K. COOPERATIVE ASSESSMENT AGREEMENT WITH HENNEPIN PARKS FOR ROWLAND ROAD L. RESOLUTION APPROVING PARTICIPATION AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC CONTROL SIGNAL SYSTEM AT COUNTY STATE AID HIGHWAY NO. 1 AND COUNTY STATE AID HIGHWAY NO. 4 (Resolution No. 91-149) MOTION Pidcock moved, seconded by Harris, to approve the Consent Calendar as amended. Tenpas requested information on Item J as it pertained to the request from Minnesota Protective Life for a traffic signal at West 78th Street or Leona Road at Highway #169. Dietz said that MnDOT had commitment to make some traffic counts at the intersection of Leona Road, Highway #169 and West 78th Street, and the information should be available in one to two weeks. He said the City had an agreement with Benshoof and Associates to make a study of the intersections as soon as the traffic counts were available. Tenpas said he was cautious about approving the project without • knowing for certain that a signal would be installed at the intersection. Dietz said that traffic counts done three years ago by the City showed that warrants were met. He believed it was quite certain that MnDOT would approve the signal. Anderson said he would like to see the signal installed before the Cub store opened. He asked if the City had authority to delay the opening of Cub until such time. Pauly said the City would be required to prove that the opening of the store would create an unreasonable traffic hazard without the traffic signal. After further discussion Tenpas requested staff to advise Council if there were anything that could be done to pressure MnDOT to approve the signal. Dietz said the City would attempt to obtain MnDOT participation in funding of the traffic signal, but that the City could proceed whether or not MnDOT had funds for the signal. The only question remaining was where MnDOT would allow the signal. Tenpas requested staff to draft a letter that he could send to Minnesota Protective Life outlining the progress which was being made on the installation of the traffic signal at this location. Motion to approve the Consent Calendar as amended approved 5-0. • Eden Prairie 5 June 18, 1991 • City Council Minutes Approved IV. PUBLIC HEARINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 4, BLOCK 4, COUNTRY GLEN (Resolution No. 91-140) Jullie said this was a hearing to vacate drainage and utility easement so that a the property could be replatted with proper easements. There were no comments from the audience. MOTION Pidcock moved, seconded by Anderson, to close the- public hearing and adopt Resolution No. 91-140 to vacate the easements on.Lot 4, Block 4, Country Glen. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION • Pidcock moved, seconded by Harris, to approve payment of claims. Payment of claims approved with Anderson, Harris, Pidcock, Jessen, and Tenpas all voting "AYE". Motion approved 5-0. VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. REQUEST OF ENGINEERING DIVISION FOR AUTHORIZATION TO ACQUIRE SLOPE EASEMENTS ADJACENT TO MITCHELL ROAD (Resolution No. 91- 134) Continued from June 4, 1991 (Continued to future date after a meeting with property owners could be scheduled.) B. REQUEST FROM DARLENE MILLER TO SPEAK TO DELL ROAD EXTENSION SOUTH OF TWILIGHT TRAIL (Continued to July 2, 1991) • Eden Prairie 6 June 18, 1991 City Council Minutes Approved • VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES A. HUMAN RIGHTS & SERVICES COMMISSION - Presentation of Draft of "Rental Housing Code" by Subcommittee of Human Rights & Services Commission Jullie said the Commission wished to address Council about its progress to date in the development of the Rental Housing Code which would eventually take the form of an ordinance. Natalie Swaggert, staff liaison to the Human Rights and Services Commission, said that the Commission had worked on the issue for the past nine months and it would be asking Council permission to proceed with the communication plan which would be outlined. Kent Barker, Commission Member, stated that the objectives were health and safety issues alone. He pointed out there was no current code or applicable rules which would allow the City to become involved in potentially troublesome rental issues. He said the Metro Council had predicted that those cities which did not have a code pertaining to rental issues would face troublesome issues in the future. He pointed out that 25% of the building units in the City were apartments, which meant there were about 3900 apartments in • the City. He said the Commission believed, and other cities had advised, that the time to adopt a rental code was when the buildings were new, as was the case in Eden Prairie. Bill Jackson, Commission Member, emphasized that the code was intended to be a health and safety code only with no licenses and charges associated with it. 'It would not concern aesthetics and would be implemented on a complaint-only basis. The plan called for the code to be enforced by current City staff. Bette Anderson, Commission Member, recommended that the draft document be made available to interested persons by mailing notices, posting notices in apartment buildings and rental units, and working with the newspapers to publicize the code. She said the Commission's plan was to hold three community meetings in July and August: two designed for tenants and one designed for property owners. Copies of the code would be available at the meetings and copies would be available in advance of the meetings. Jessen asked if the City Attorney had had an opportunity to review the draft. Pauly said he had not made a thorough review of the plan. He suggested that some of the verbiage might be reduced by checking if certain requirements were already covered in the City Code by something such as the building code. He also noted some other wording that needed to be clarified and would work on the document in this regard. • Eden Prairie 7 June 18, 1991 City Council Minutes Approved Harris and Jessen commended the Commission for addressing the issue as a preventive measure in the rental housing market. Harris asked if inspections at the time of change of ownership had been considered rather than having inspections on a complaint-only basis. Barker said this was intended to be a first-step document, so inspections at the time of change of ownership had not been included. He said the Commission wished to keep resistance to the code as low as possible while addressing the health and safety issues connected with rental property. Pidcock said she favored the Code and agreed it was a good idea to begin on a complaint-only basis because otherwise it could be used as something that it was not intended to be. She said she would favor the public hearings be held as soon as Pauly had reviewed the document. The Council was in favor of the City having such a code and it was the consensus that the public meetings should proceed after legal counsel had an opportunity to review the document and make appropriate corrections and/or changes. B. WASTE MANAGEMENT COMMISSION - Report on Commercial Recycling • Jullie said the Waste Management Commission had been concerned with the amount of commercial recycling which had been occurring within the City, and whether it would be appropriate for the City to be more active in this area. After some research, it had been determined that the County was not making data widely known about the large amount of commercial recycling that had been occurring. Therefore, the Commission had requested that the City continue to focus its efforts on residential recycling and recommended that Hennepin County retain its responsibility to coordinate commercial recycling. Jessen encouraged the City to be pro-active in encouraging more commercial recycling in the City. Earlier in the day he had visited the BFI Recyclery in Inver Grove Heights. He thought this was a good system for separating and recycling commercial waste. MOTION Pidcock moved, seconded by Harris, to receive the report of the Waste Management Commission. Motion approved 5-0. IX. APPOINTMENTS • Eden Prairie 8 June 18, 1991 City Council Minutes Approved • X. REPORTS OF OFFICERS A. Report of City Manager 1. Update on Firefighters Relief Association Spencer Conrad, Fire Department Chief, reviewed statistics relating to number of calls and the work done by the volunteer fire department of the City. He said that the department now had 80 members and constant recruiting was necessary to maintain this membership. He said that the retirement benefits provided by the Firefighters Relief Association was an important recruiting tool for the City's Fire Department. Douglas Andrews, President of the Firefighters Relief Association, proposed that Council approve an increase to $30.00 per month per year of service in retirement benefits from the present $22.60 per month. He explained that the $30.00 per month per year of service figure was the maximum now allowed by present State statute. He said the immediate need was to bring the City's benefit plan in line with such neighboring cities as Minnetonka and Bloomington. In addition, a long-range plan for the benefit package was also needed, with the possibility of requesting • special legislation to allow a greater maximum benefit. He stressed the need for a good benefits package in recruiting and in rewarding the firefighters. He said that firefighters were partially vested in the retirement plan at ten years and fully vested at 20 years. Jessen asked how the Association was funded. Andrews explained that the City received money from the from the State for the Relief Association and the City made up the difference between the money received from the state and the amount of the unfunded liability. He said the Firefighters Relief Association managed the money through money managers. He said the current request would increase the City's obligation by approximately $100,000 per year. However, because of the increase in population and the increase in market value of the real estate in the City, it was possible there would be more State money received in 1992. He said he would like to see the requested benefit increase become effective October 1, 1991. After further discussion, it was the consensus of the Council to support the request of the Firefighters Relief Association. • Eden Prairie 9 June 18, 1991 • City Council Minutes Approved MOTION Harris moved that the City honor the request from the Firefighters Relief Association and increase the retirement benefit from $22.50 to $30.00 per month per year of service beginning October 1, 1991 and have staff work with the Relief Association in reviewing the total benefit package for the City's firefighters. Seconded by Jessen. Motion approve 5-0. 2. Discussion on 1/2% Increase in Sales Tax (Resolution No. 91-150) Jullie explained that County was asking the City to respond on the 1/2% increase in sales tax. He said the question was whether or not to indicate to the County what was the preference of the City in this matter. Council was in agreement that a statement of protest should be made to the State because the City would be forced to support implementation of the tax regardless of the County's decision in the matter. • Harris said she understood that the County could not afford to lose the State aid money and maintain the present level of human services. Jessen said that because no one understood the calculations and formula, he would not favor making a decision on the matter at the present time. Tenpas said he would vote no on the question because the City would not control the money collected. He said he believed this would make a better statement against the tax. Harris said she would vote yes under protest. Pidcock said she would prefer to do nothing, but said she could not vote no when it would hurt the City. Harris said she would not be comfortable with a No vote if the City were to be put in a position of jeopardy in terms of its relationship with the County. Tenpas suggested a letter be sent to the County stating that the Council recognized the hardships that would be created by the loss of revenue, but giving the reasons for not voting for the tax. • Anderson asked for Jullie's recommendation in the matter. Eden Prairie 10 June 18, 1991 City Council Minutes Approved • Jullie recommended that the City go along with the County in the matter. The City could say by letter that it was forced to cooperate and communicate the reasons for the objections. He added that a formula for distribution of funds was in place for 1992 and 1993. He said that if the figures were correct the tax rate in the City could go up 4% in 1992 and 6.4% in 1993, which was a huge increase. This could possibly happen if the City did not support the County in the sales tax increase. MOTION Anderson moved to adopt Resolution No. 91-150 to support and encourage the Hennepin County Board of Commissioners to adopt the 1/2% sales tax increase, with the objection that the City was forced into a situation where there was no other alternative than to accept the tax. Seconded by Harris. Motion approved 3-1-1 with Tenpas voting Nay, and Jessen abstaining. 3. Schedule Workshop on Land Development Rights for City and Property Owners • Jullie said he and Pauly had discussed the subject and were in the process of getting information from the Popham Haik law firm which had put on a seminar on the issue. Jullie said he would be ready for a meeting in 30 to 60 days and would come back to Council to set a date. B. Report of Director of Parks, Recreation & Natural Resources 1. Eurasian Water Milfoil in Eden Prairie Lakes Lambert requested Council to consider directing the City Attorney to draft an ordinance prohibiting boating through areas containing Eurasian water milfoil which were marked by buoys. He also requested $3,000 to pay for chemical treatment this year at two sites in Bryant Lake. Lambert said the treatment would be only a temporary control and in years to come, it would probably be more costly to get rid of the milfoil. Anderson pointed out that there was a state law against transporting Eurasian milfoil on a boat. Violation was considered a misdemeanor and a $700 fine. He said he would like to install signs at the lakes which stated this law would be enforced in Eden Prairie 11 June 18, 1991 • City Council Minutes Approved the City. Lambert said the State had signs, but he believed that the most effective thing that could be done in this regard was to begin a public education program at the public access points to the lakes. Jessen encouraged Lambert to have Parks, Recreation and Natural Resources staff on site to remind people of the importance of cleaning the weeds off the boats, and to also encourage police and DNR to enforce violations with tickets as appropriate and possible. Tenpas suggested that the City make large signs at the public access points warning about milfoil. MOTION Jessen moved, seconded by Harris, to authorize the expenditure of $3,000 for chemical treatment of Eurasian water milfoil on Eden Prairie lakes, direct the City Attorney to draft an ordinance prohibiting boating in the areas containing milfoil marked by buoys, authorize the installation of large signs at all public access points warning of the danger of milfoil and stating the • law in the matter, and urge Park, Recreation and Natural Resources staff to take whatever action possible to remind people to comply with the law. Motion approved 5-0. 2. Consumption of Alcohol in Riley Lake Park Lambert said there had been an ongoing problem at Riley Lake Park with people consuming alcohol and behaving in such a way that interfered with the enjoyment of the park by- others. The Police Department, the Parks, Recreation and Natural Resources Department, and the Parks, Recreation, and Natural Resources Commission recommended prohibiting the consumption and possession of alcohol in Riley Lake Park. Anderson said in the past the State had been specific that rules may not be made for people who have property on the lake which differed from the rules for those who used the public access. He agreed with the recommendations except that he did not believe the City should or could restrict alcohol possession by those using the public access when it had no jurisdiction to *restrict alcohol by those living on the lake. Jessen said he was in favor of controlling inappropriate behavior in the parks; however, he did not believe the elimination of • alcohol in the park addressed the problem. He suggested increasing police patrol to control the rules of good conduct. He Eden Prairie 12 June 18, 1991 City Council Minutes Approved • said also that if enforcement was done in one park it should be done in all parks. Pidcock said she saw a contradiction in the City selling liquor and then saying that a few people could not bring alcohol into the parks. Tenpas asked Pauly what could be done through City ordinances regarding behavior. Pauly said there were ordinances against assaults and noisy parties which could serve as the basis to address the situation. Tenpas said he agreed with Jessen to have the Police Department patrol the area more often. Anderson questioned whether the Police Department could afford to patrol the area. Tenpas said he didn't think it was necessary for the police to patrol the park permanently and the directed patrol request was not an unreasonable one. Pidcock said she would favor more police patrol of the area. Harris said she would favor trying the additional patrol and monitoring the results for a time before moving to prohibition of consumption. Council agreed with this approach and asked staff to keep • Councilmembers apprised of developments in the matter. 3. Request from Historical & Cultural Commission to Sell Graffiti Bridge Souvenir Time Capsules at the 1991 4th of July , Celebration Lambert said that the City had been approached to sell capsules containing pieces of Graffiti Bridge souvenir items.. There was concern about liability because the pieces of concrete contained 860 parts per million of lead, with 5 parts per million being considered a health hazard. He explained that ordinarily construction debris would not be considered hazardous waste but when it was sold as a product, the chemical content had to be considered. Pauly said he would be able to investigate the situation further. The promoter of the project explained the details of the project and believed it to be a good idea to put a warning on the item. He said that the product would be marketed not to toddlers but to older children, teenagers, and adults. • Eden Prairie 13 June 18, 1991 • City Council Minutes Approved MOTION Jessen moved, seconded by Harris, moved to accept Pauly's recommendation whether or not to proceed on the project. Motion approved 5-0. XI. OTHER BUSINESS A. League of Minnesota Cities Convention Report Harris reviewed information she had received at the League of Minnesota Cities Convention in Rochester, Minnesota; regarding government financing in the 1990's. Some of the factors considered in the report were the rising number of senior citizens, and the expected upsurge in public school enrollments. Also covered was Minnesota property taxes. The presenter stated that sales tax income and property taxes should be approximately equal and no more than 30% of the total. Currently property taxes were 35% of the total Minnesota taxes which were roughly 12-13% above the U. S. average. B. Letter from State Department of Revenue Regarding Revenue Bonds • Jessen requested that staff send a letter to the State Revenue Department to obtain an opinion with respect to the City's ability to use revenue bonds outside of levy limits as recommended by Springsted, Inc. He- further requested staff to collect the needed information and conduct analysis to address the things that the Council will need to know in order to decide to proceed or not to proceed. XII. ADJOURNMENT MOTION Pidcock moved, seconded by Anderson, to adjourn at 10:15 PM. Motion approved 5-0.