City Council - 11/19/1991 EDEN PRAIRIE CITY COUNCIL
• •.APPROVED MINUTES
TIME: 8:00 PM Tuesday, November 19, 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.
PRESENTATION OF THE HERITAGE QUILT BY EDEN PRAIRIE SENIORS
The Heritage Quilt of Eden Prairie was presented to the City by a group of
quilters from the Eden Prairie Senior Center. The following persons
participated in the design, drawing landmarks, embroidery, assembly and
• quilting of the Heritage quilt: Marion Nesbitt, Angie Rogers, Carrol Martinson,
Amanda Peterson, Earl More, Olive Larson, Adeline Bramwell, Louise Mitchell,
Bernice Brown, Rachel H jorth, Ralph Nesbitt, Lorry Wallace, Shirley Lautt, Vi
McLain, Lovey Russell, Toni Kniebel, Bette Johansson, Helen Shosted, Adeline
Pannek, Vi Wagness, Sandy Werts, and Bert Rogers. Council expressed its
appreciation for the project and for the people who worked on it. Jessen
suggested a plaque be made which listed the names of those participating in
the project as well as a story about each of the scenes depicted in the
squares that made up the quilt.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION
Pidcock moved, seconded by Harris, to approve the agenda.
Jullie requested that item III. E. The Contract Format for Use of
Community Center, be eliminated from the Consent Calendar. He said a
recommendation had not been received from the Parks, Recreation and
Natural Resources Commission and that it would be placed on a future
agenda. He also requested the addition of Item X. B. 2. under Report of
the City Manager: Request for Consultant Services to Assist in Review
of the CPT Building.
Anderson requested the addition of one item under X. A. Reports of
Councilmembers: (2) Discussion of Minnesota River. Pidcock requested
• the addition of: (3) Working But Poor in Hennepin County Report.
Eden Prairie 2 November 19, 1991
City Council Minutes approved •
Agenda approved as amended 4-0.
II. MINUTES
A. City Council Meeting held Tuesday, November 5, 1991
MOTION
Harris moved, second by Anderson, to approve the minutes from the
City Council Meeting held November 5, 1991.
Motion approved 4-0.
B. City Council/Staff Workshop held Tuesday, November 12, 1991
MOTION
Pidcock moved, seconded by Jessen, to approve the notes of the City
Council/Staff Workshop held Tuesday, November 12, 1991.
Motion to approve the Minutes as amended approved 4-0.
III. CONSENT CALENDAR •
A. Clerk's License List
B. CITY CODE AMENDMENT (PUD CONCEPT AREA MINIMUM OF 15 ACRES)
by City of Eden Prairie. 2nd Reading of Ordinance 24-91 amending
City Code Chapter 11, Section 11.40, Subdivisions 6 and 11 relating
to PUD Concept Area minimum of 15 acres and Findings Required
respectively; Adoption of Resolution 91-220, Authorizing Summary and
Ordering Publication of Ordinance 24-91. (Ordinance No. 24-91 - PUD
Concept, Resolution No 91-220 - Summary and Publication)
C. Final Plat Approval of Fairfield of Eden Prairie 7th Addition (located
north of Cedar Ridge Elementary School and south of Chicago and NW
Railway (Resolution No. 91-255)
D. Bluffs East 11th Addition by Hustad Development Corporation. 2nd
Reading of Ordinance 28-91-PUD-9-91, Zoning District Change from
Rural to R1-9.5 on 2.43 acres and R1-13.5 on 1.8 acres; Approval of
Developer's Agreement; Adoption of Resolution 91-230, Authorizing
Summary and Ordering Publication of Ordinance 28-91-PUD-9-91; 12
single family lots and road right-of-way to be known as Bluffs East
11th Addition. Location: North of Bluff Road, west of Falcons Way.
(Ordinance No. 28-91-PUD-9-91 - Zoning District Change; Resolution
No. 91-230 - Summary and Publication)
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Eden Prairie 3 November 19, 1991
City Council Minutes :approved
E. Approve Contract Format for Use of Community Center (to be
continued pending recommendation from the Parks, Recreation, and
Natural Resources Commission)
F. Proposed Study Regarding Water Elevation of Glen Lake, Shady Oak
Lake, and Birch Island Lake
G. SOUTHWEST SUBURBAN CABLE COMMISSION - 1991 CATV Relief
Extension - Adoption of Resolution No. 91-242 Approving Settlement
with the Grantee under the City's Cable Communication Franchise
Ordinance Regarding Revisions to and Extension of Certain terms of
the CATV Relief Ordinance as Amended, Based Upon Enactment of the
Local Programming Restructuring Ordinance and Modifications to
Other Related Agreements; 1st Reading of Ordinance No. 37-91
Repealing the CATV Relief Ordinance, Ordinance No. 12-85, and CATV
Relief Ordinance Amendment, Ordinance No. 57-88, Providing for the
Continuance of Certain Aspects of the CATV Relief Ordinance, As
Amended, and Restructuring the Manner in which Local Programming
was Funded; Approval of Restated Performance Agreement; Approval
of Consent Agreement and Guaranty of Performance
MOTION
• Harris moved, seconded by Pidcock, to approve the Consent Calendar
with the deletion of Item III.E.
Jessen asked for clarification of Item G, the contract with the Southwest
Suburban Cable Commission - 1991 CATV Relief Extension. Jullie said it
as basically an extension of the current relief agreement for the term of
the franchise. It included an adjustment providing more franchise fee
revenue' to the City, going from 3% to the full 5%, or from $110,000
annually to $145,000.
Consent calendar as amended approved 5-0.
IV. PUBLIC HEARINGS
A. VACATION NO. 91-09, Right-of-way for part of Baker Road (located in
Section 3, Township 116, Range 22W) (Resolution No. 91-256)
Jullie said notice of the public hearing was properly published and
mailed to interested persons. He said this public right-of-way
existed for a part of Baker Road that had been abandoned after the
road had been realigned. There was no longer any public need for
the property.
Anderson asked what happened to land after the City vacated it.
Ric Rosow, Assistant City Attorney, said that the City relinquished
• any interest in the property after it was vacated. The property
then would go into private ownership. If the property had come out
Eden Prairie 4 November 19, 1991
City Council Minutes approved •
of a platted piece of land, it would go back to that property and be
divided in half. The City would not have the option to purchase it.
He said that the manner in which the property was received by the
City determined how the City could handle such property. For
example, if it had been donated as a right-of-way, the City could no
longer own the property when it was not used for this purpose.
However, if the property had been deeded to the City, the City could
use it for whatever purpose it decided was appropriate.
Anderson said he would like the City to develop a policy of what
would be done with parcels of land to be vacated, and for which the
City had the option to purchase. He would like to see such parcels
returned to a natural state, particularly with trees and other
vegetation.
There were no comments from the audience.
MOTION
Harris moved to close the public hearing and Adopt Resolution No.
91-256 for Vacation No. 91-09, Right-of-Way for part of Baker Road
(located in Section. 3, Township 116, Range 22W). Seconded by
Pidcock. Motion approved 5-0.
B. VACATION NO. 91-10, Part of the Drainage and Utility Easement on •
Lot 7, Block 2, Am den Hills Third Addition (Resolution No. 91-257)
Jullie said the notice for this vacation was properly noticed and
published. The vacation was for a small drainage and utility
easement which was no longer needed.
There were no comments from the audience.
MOTION
Pidcock moved to close the public hearing and adopt Resolution No.
91-257 for Vacation No. 91-10. Seconded by Jessen. Motion
approved 5-0.
V. PAYMENT OF CLAIMS
MOTION
Anderson moved, seconded by Pidcock, to approve payment of claims.
Motion for payment of claims approved with Jessen, Pidcock, Harris,
Anderson, and Tenpas all voting "AYE".
VI. ORDINANCES & RESOLUTIONS •
Eden Prairie 5 November 19, 1991
• City Council Minutes .approved
VII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Request to Consider Purchase of Five Parcels West of Eden Road
(continued from November 5, 1991)
Jullie said the City had received a proposal for the purchase of five
residential properties along Eden Road and Singletree Lane and he
called Council attention to the staff report on this subject. He said
that if the Council chose to pursue the purchase, an appropriate
action would be to retain an appraiser to determine fair market value
for the parcels involved.
Harris said she expected additional development in the area soon
because of the Wal-Mart store. She said her interest was to
preserve a parcel of land for a City water tower in the area north
of Singletree Lane and she agreed with staff recommendation to have
the property appraised.
Jessen said he would like a better understanding of how the
property would be used by the City before an appraisal was made.
Tenpas said the only reason he could see for the City to purchase
• the properties was a public purpose.
Harris said she believed the City should acquire the properties
before the cost became prohibitive if it were determined that the
properties would be used for a public purpose.
Anderson said he was not in favor of purchasing the property until
the City had determined exactly how it would be used for a public
purpose.
Jullie said a water tower in the area was a possibility. He said at
the December 3, 1991 Council meeting, staff would recommend hiring
a consultant to design the water tower to determine whether a large
water tank could fit into a downtown design concept. He added that
it would give the City control over the "front door" to the Teman
property which would probably be the next parcel to be developed.
Council agreed to request staff to study further the feasibility of
the City purchasing these properties and possible uses for the
properties.
Kelly Doran, one of the owners of the properties in question, said
the reason this proposal was brought before the Council was that
the owners believed that the particular five parcels were important
to the development of the downtown area, and that if the City owned
them, it could exercise more control over the entrance to the
• downtown area.
Eden Prairie 6 November 19, 1991
City Council Minutes approved •
VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES
I%. APPOINTMENTS
A. Southwest Metro Transit Commission (SMTC) - Appointment of a
Councilmember to serve on the Southwest Metro Transit Commission
for a three-year term commencing January 1, 1992 to December 31,
1994.
MOTION
Anderson nominated Pidcock as the Councilmember to serve on the
Southwest Metro Transit Commission for the three-year term.
Seconded by Harris. Motion approved 5-0.
B. South Hennepin Regional Citizens Advisory Commission - Appointment
of two representatives, one for 1992, and one for 1992-1993
MOTION
Jessen moved to nominate Bette Anderson for the 1992-93 term, Bill
Jackson for the 1992 term, with Virginia Gartner as alternate, per •
recommendation from the Human Rights and Services Commission of
November 15, 1991. Seconded by Harris. Motion approved 5-0.
A. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Truth-in-Taxation
Harris said her concern was that sufficient and accurate
information was made available to the public prior to the Truth-
in-Taxation hearing. She requested that the staff prepare the
information in an understandable form and request that the
newspapers publish it. She said she believed the use of tables
and bar graphs were very effective.
2. Minnesota River
Anderson said he said there was a meeting on Thursday,
November 21, with the PCA regarding the pollution in the
Minnesota River and another meeting next month with the
Metropolitan Council. He said he believed the City should take a
position on the clean-up of the river as it should be an amenity
to the community.
•
Eden Prairie 7 November 19, 1991
• City Council Minutes approved
Jessen said the problem with the Minnesota River came from
upstream and the river was polluted with farm chemicals from
the farming areas around Mankato and New Ulm. He said he
believed the City should go on record as supporting any efforts
to clean up the river, and at the same time be committed to
spending money to clean up any pollution caused by the City.
He said the proposed expansion at Flying Cloud Airport could
have a significant impact on the water quality in the river.
Enger said that he and City Engineer Alan Gray served on the
Lower Minnesota Technical Division Committee whose purpose was
to act as a clearing house for each agency involved with the
problem and to identify all the causes of the pollution in the
Minnesota River. He said the Committee had determined three
causes: (1) Direct drainage from agricultural run-off; (2) Direct
wind-blown pollution; (3) Pollution from urban areas from the
air-borne contaminants because of runoff from parking lots and
other hard surface areas.
Dietz said it had been suggested that cities such as Eden Prairie
give money to an agency to assist the outstate areas in the
clean-up of the river, as the issue with most of the counties
• involved was lack of funds for effective clean-up and pollution
control.
Jessen asked if any Reinvest in Minnesota funds could be used
to remove drain tiles and convert land back to wildlife habitats.
Enger said that money was the issue in the outstate areas.
Therefore, he believed that Dietz's suggestion was appropriate
and had the best chance of being successful.
After further discussion, the consensus of the Council was that a
resolution be drafted by staff to inform environmental agencies
and the community that the City was concerned about the
environment, and that it would be willing to make commitments to
improve the the quality of water in the Minnesota River.
3. Working But Poor in Hennepin County
Pidcock referred to the booklet received from South Hennepin
Human Services Commission, and wished to call Council attention
to the following statistical information: (1) 11.5% of the residents
of Hennepin County had incomes at or below the poverty line.
Of these, 30% were from the suburbs. (2) 44% of the households
using food shelves in the Twin Cities Metropolitan Area reported
employment as the main source of income. The study had stated
that it was not likely that jobs would bring people out of
• poverty as had been the case in the past.
Eden Prairie 8 November 19, 1991
City Council Minutes approved
B. REPORT OF CITY MANAGER
1. Permit Process Regarding Fill West of Prairie Center Drive
Jullie said staff had been investigating further the Army Corps
of Engineers permitting process for the filling program the City
had along the west side of Prairie Center Drive. It had been
suggested that the City make sure its interests were protected
in this matter. Linda Fisher from the Larkin Hoffman law firm
was suggested as a person with expertise in this area who could
represent the City. Because this project had the potential for
enormous economic impact on the community, Jullie said he
believed it was a good idea to retain the services of Ms. Fisher
to get information to the appropriate personnel in the various
agencies involved. He called attention to Ms. Fisher's written
proposal.
Jessen explained that the City had been served a notice of
suspected violation from the Army Corps of Engineers on the
basis of advice it had received from the U. S. Fish and Wildlife
Service. When the City began the work in this area, a different
set of regulatory processes were in place. However, in the last
ten years, the question of who had jurisdiction and what the •
potential mitigation might be had changed rather significantly.
Jessen said he believed it was a very complex issue with many
agencies and personalities involved, and it was also an area of
the law where there had been a specialization built up over the
last few years. Jessen said he believed the City should have
the advice of a wetlands expert on the issue and believed the
recommendation from Jullie was a sound one.
Tenpas said he wanted to be clear that the City believed the
firm of Lang, Pauly and Gregerson was doing a fine job for the
City, but that Ms. Fisher of the Larkin Hoffman firm would be
retained solely on the basis of her expertise in the area of
wetlands.
MOTION
Harris moved to accept the staff recommendation and retain the
services of Linda Fisher of the Larkin Hoffman law firm to
advise and represent the City in the permit process regarding
fill west of Prairie Center Drive. Seconded by Jessen. Motion
approved 5-0.
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Eden Prairie 9 November 19, 1991
• City Council Minutes approved
2. Acquisition of CPT Building
Jullie called Council attention to a proposal from the Sterling
Group, a company composed of two individuals who have had
careers in real estate. He said he believed the City needed
professional assistance to review all of the implications of the
possible purchase of the CPT building. He said he had met with
the two principals of the company and stated the City's needs to
them, and as a result, the Sterling Group had submitted the
proposal. , He recommended Council consider approval of the
agreement.
Pidcock asked if Jullie had checked the references of former
clients of the Sterling Group. Jullie said he had spoken to one
city manager who had been very satisfied with the work of the
individuals in the firm.
Anderson said he would be in favor of hiring the Sterling Group
if other references were also favorable. Harris and Jessen
agreed.
Tenpas requested one change in the contract to include more
• meetings with the seller and with the City, instead of three with
the seller and twelve with the City as originally proposed. He
also believed there should be some stipulation as to what
constituted a formal meeting.
MOTION
Jessen moved to accept the staff recommendation and contract
with the Sterling Group for assistance in evaluating the
feasibility of the acquisition of the CPT Building by the City.
Seconded by Harris. Motion approved 5-0.
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION
Harris moved, seconded by Anderson, to adjourn at 9:40 PM. Motion
approved 5-0.
•