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City Council - 12/17/1991 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TIME: Tuesday, December 17, 1991, immediately following Housing & Redevelopment Authority meeting 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 Cite 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 Present: Richard Anderson, Jean Harris, H. Martin Jessen, Patricia Pidcock. Absent: Mayor Douglas Tenpas Acting Mayor Richard Anderson called the meeting to order at 7:34 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Harris, to approve the agenda. Jullie requested the addition of one item to III. Consent Calendar: L. Resolution No. 91-271, Proclamation of Martin Luther King, Jr. Celebration on January 19, 1992. He also requested the addition of one item to X. B. Report of the City Manager: (1) Set time for a meeting of the Canvassing Board to Certify Primary and General Election Results. He further requested an addition to Item X.C. Report of the Director of Parks, Recreation and Natural Resources: (1) Funding Update for the _ Bryant Lake Regional Park, and one item under X.D. Report of Director of Public Works: (2) Update of the Corps of Engineers Permitting Process for the Purgatory Creek Wetlands Area. Jullie requested Item VI.A. be deleted from the Council agenda. Harris requested the addition of the following items under X.A. Reports of Councilmembers: (1) Request regarding green sheet dividers in Council packets; (2) Selection process for appointment to the mine-Mile Creek Watershed District; (3) Post Office Identification. Pidcock requested the addition of (4) Report on National League of Cities Conference. Agenda approved as amended 4-0. Eden Prairie 2 December 17, 1991 . City Council Minutes approved At this point in the meeting, Elaine Jacques, 9021 Riley Lake Road, presented the City with a cash donation on behalf of herself and her family to be used for the renovation of the farm on the Riley/Jacques farmstead recently purchased by the City. Harris expressed Council's appreciation for her generous contribution. II. MINUTES A. Special City Council Meeting held Tuesday, November 26, 1991 B. City Council Meeting held Tuesday, December 3, 1991 C. Workshop Meeting held Monday, December 9, 1991 MOTION Pidcock moved, second by Harris, to continue approval these minutes until the January 7, 1992 meeting. Motion approved 4-0. • III. CONSENT CALENDAR A. Clerk's License List B. Appointing Election Judges for the December 21, 1991 Election (Resolution No. 91-270) C. _Request speed study for CSAH 61 (Shady Oak Road) between Crosstown 62 and TH 212 (Resolution No. 91-266) D. Final Plat Approval of Bell Oaks 4th Addition (located north of Riverview Road and west of Gantry Was (Resolution No. 91-265) E. Approve Change Order No. 2 for Bluffs West 9th Addition, Bluffs East 8th, Bluestem Ridge and Hawk High Ridge, I.C. 52-224, 223, 199 F. Approve Contract for Community Center Use G. Resolution No. 91-268, to Submit Application for 1992 Hennepin County Grant Recycling Program H. Adopt Findings of Fact, Conclusions, and Order to Correct Hazardous Conditions at 10943 Spoon Ridge • I. Selection of Auditor to Conduct 1991 Calendar Year Audit Eden Prairie 3 December 17, 1991 • City Council Minutes approved J. Final Plat Approval for Bernard Hamilton Addition (located at the northeast corner of Staring Lake Parkway and Twin Lakes Crossing) (Resolution No. 91-264) K. HAMILTON ADDITION by Bernard Y. Hamilton, 2nd Reading of Ordinance 26-91, Zoning District Change from Rural to r1-13.5 on 0.98 acre; Approval of Developer's Agreement; Adoption of Resolution 91- 205, Authorizing Summary and Ordering Publication of Ordinance 26- 91; 2 single-family lots and road right-of-way to be known as Bernard Hamilton Addition. Location: 14380 Staring Lake Parkway. (Ordinance 26-91, Zoning District Change; Resolution 91-205, Summary and Publication) L. Proclamation of Martin Luther King, Jr. Celebration, January 19, 1992 (Resolution No. 91-271) MOTION Pidcock moved, seconded by Jessen, to approve the Consent Calendar as amended. Regarding Item H on the Consent Calendar, Harris asked Pauly what the • City's recourse would be in the absence of compliance. Pauly said a court order could be obtained to allow the City to proceed with the removal of the hazardous condition. The cost could be recovered either through a judgment against the owner or the imposition of a lien on the property. Mike Levi, 10943 Spoon Ridge, owner of the property, said he would not be able to begin rebuilding of the house until the spring of 1993. He agreed that the house should come down but was concerned that it be done in a proper manner so that the foundation, swimming pool, and other parts not damaged by the fire would not be lost. Jullie assured Levi that the City and contractor would work with him to insure that the hazardous situation was handled with minimum damage to the cement structures on the property. Consent calendar as amended approved 4-0. IV. PUBLIC HEARINGS A. BRAXTON POND by Westar Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 3.6 acres; Adoption of Resolution 91-248, Preliminary Plat of 3.6 acres into six single-family lots and road right-of-way with variance to be reviewed by the Board of Appeals to be known as Braxton Pond. Location: south and west of the terminus of existing Braxton Drive. (Ordinance 32- 91 - Zoning District Change; Resolution 91-248 - Preliminary Plat) • Eden Prairie 4 December_- 117, 1991 City Council Minutes :approved Jullie said notice for the public hearing was properly publisliked and mailed to surrounding property owners. Enger said that the proponent had requested a continuance uxrttil January 7, 1992 because it had not been able to assemble all.fthe proper grading information. MOTION Jessen moved, seconded by Pidcock, to continue this item untuil January 7, 1992. Motion approved 4-0. B. LORENCE 3RD ADDITION by Peter Knaeble. Request for Zoning District Change from Rural to R1-13.5 on 0.07 acres; Adoption_ cif Resolution 91-250, Preliminary Plat of 0.87 acres into two sinole- family lots and one outlot to be known as Lorence 3rd Additiam. Location: southeast corner of Valley View Road and Hames (Ordinance 33-91 - Zoning District Change; Resolution 91-250 — Preliminary Plat). Jullie said notice for the public hearing had been properly puiblished and mailed to surrounding property owners. • Peter Knaeble, representing the proponent, explained that the; proposal was basically a split of a one-acre lot into two one-hralf acre lots located on the corner of Valley View Road and Hamer Way. He said that the two lots would meet all existing requirements for the R1-13.5 Zoning District. The only unusual part of the re::uaest was a proposal with the park for a swap of 0.07 of an acre in order to put the existing driveway back on to the proper lot. Enger said the Planning Commission reviewed the item at its November 25, 1991 meeting and recommended approval on a 6­0 udte subject to recommendations in the staff report of November 22, 1991. Lambert said the Parks, Recreation and Natural Resources Commission reviewed the proposal at its December 2, 1991 meeting and recommended approval on a 5-0 vote. There were no comments from the audience. MOTION Jessen moved, seconded by Pidcock, to close the public hearing and approve the First Reading of Ordinance 33-91 for Zoning District Change. Motion approved 4-0. • Eden Prairie 5 December A71, 1991 City Council Minutes `proved Jessen moved, seconded by ntiocalk_tint zdopt Resolution 91-ZBZ approving Preliminary Plat, and direct staff to prepare devehpment agreement incorporating Commission and staff recommendations. Motion approved 4-0. C. DEVAAN PROPERTY by Herbert DeVann. Request for Zoning Vatrict Change from RM-6.5 to R1-13.5 on 0.58 acres for construction of a single family home. Location: Lot 7, Block 2, Lake Trail Estates. (Ordinance 35-91 - Zoning District Change). Jullie said notice of the public hearing had been properly published and mailed to property owners in the vicinity of the project. Herbert DeVann, owner of the property, stated the lot had been for sale since 1989. He had a signed a purchase agreement with a builder in October 1991 to build a single-family house on the property. He said it was necessary for the buyers to move im approximately March 1, 1992. Therefore, it was important that construction begin as early as possible in 1992. Enger said the Planning Commission recommended approval thi. `- n at its November 25, 1991 meeting on a 6-0 vote. He said the lcE --ad been divided in anticipation of a duplex being built on it, but ;iiis could be corrected by administrative action on the part of th. City. Some vacation of easements by the City might also be involved. MOTION Jessen moved to close the public hearing and approve the Firat Reading of Ordinance 35-91 for Zoning District Change, and encourage staff to move as quickly as possible to make the necessary administrative changes. Seconded by Harris. Motica approved 4-0. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Pidcock, to approve payment of claims. Motion for payment of claims approved with Jessen, Pidcock, Harris, and Anderson voting "AYE". • Eden Prairie 6 December 17, 1991 City Council Minutes approved VI. ORDINANCES & RESOLUTIONS A. Approval of 1st Amendment to Development Agreement between the City of Eden Prairie, The Housing & Redevelopment Authority for the City of Eden Prairie, and Elim Shores, Inc. (Resolution No. 91-269) (This item was deleted from the agenda) VII. PETITIONS, REQUESTS AND COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES IX. APPOINTMENTS A. Southwest Metro Transit Commission - Appointment of Resident to a Two-Year Term on Southwest Metro Transit Commission (Continued from 12/3/91) MOTION Jessen moved, seconded by Harris, to appoint Scott Rollins to a two- year term on the Southwest Metro Transit Commission. Motion approved 4-0. • X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Green Sheet Dividers in Council Packets Harris said she wanted to commend the staff for the double- sided copying; however, she encouraged Council and staff to recycle the green sheet dividers. 2. Selection Process for Appointments to the Nine-Mile Creek Watershed District Harris said she would like to know whether Council should take a position of questioning the process used by the County Board for appointments to the Watershed District positions. Council requested that staff determine whether or not there was a vacancy on the Watershed District at the present time and when an appointment would be made. Jullie said that the City had been given a list of vacancies that would be coming up in the future and the County requested that the City submit its recommendations to fill the vacancies 60 days prior to the appointment. He said staff would make Council aware of vacancies in time for recommendations to be made. • Eden Prairie 7 December 17, 1991 • City Council Minutes approved It was Council consensus that every effort should be mat- to see that the City was represented on boards where decisions affecting the City -were made. 3. Post Office Identification Harris asked if there was anything that could be done about changing the sign on the Post Office to read Eden Prair,* instead of Hopkins. Enger pointed out that it was officially Hopkins Post Offer, Eden Prairie Branch, as stated on the sign. MOTION Pidcock moved that the City begin actions to urge that tb-- Post Office located in Eden Prairie be so designated rather thin being identified as the Hopkins Post Office by sending a letter to the Congressional delegation, if necessary, and requesting the Chamber of Commerce to pursue this matter through any means possible. Seconded by Harris. Motion approved 4-0. 4. Report on National League of Cities Convention • Pidcock reported that the theme of the Convention had been Excellence in Governance. She said she believed Eden Prairie was ahead of most cities in the nation in many of the proce. s it had implemented in city management. She said one idea she believed had some merit was the 24-hour City Hall. This --as a voice mail system whereby building inspections or recreatian, programs could be scheduled, for example. It could be fixx.ced by a business or several businesses in the community who would be interested in having a short promotional message on the answering tape. She said there was also concern on the part of all cities can costs and many cities were having problems with financing basic needs. She believed Eden Prairie was in better financial condition than most cities. Jessen said he found the voice mail idea interesting but would not favor a sponsor for it. Jullie said a total review of the telephone system was being made, and as the City looked forward to moving to another facility, he believed this suggestion was a good one and one which would be investigated. • Eden Prairie 8 December 17, 1991 City Council Minutes .approved B. Report of City Manager 1. Set Time for Meeting of the Canvassing Board to Certify_ Primary_ Election Results Jullie said it was necessary for the Council to set a time to meet as a Canvassing Board to certify the primary and general election results. Staff was seeking clarification from the State to determine if it was necessary to canvass the votes. Council decided to meet if nececessary at City Hall at 4:00 PM on Monday, December 23, 1991 for the purpose of certifying the results of the primary election, and at 12:30 PM on Sunday, January 5, 1992 for the purpose of certifying the general election results. C. Report of Director of Parks, Recreation & Natural Resource 1. Wildlife Management Plan (Resolution No. 91-260) Lambert said that the Parks, Recreation and Natural Resources Commission had appointed an ad hoc committee early in 1991 to develop a wildlife management plan. The committee had proposed a plan which would evolve over several years. He said the wildlife that caused most of the problems in the City were geese and deer, with some problems with raccoons and muskrats as well. The committee had developed a procedure of how problems would be handled. He requested Council approval on three items: (1) Recommendations in the memorandum from Stuart A. Fox, Manager of Parks and Natural Resources; (2) Resolution No. 91-260 Adopting City Wildlife Management Plan; and (3) Wildlife Management Request Form. Lambert reviewed each of the documents and said that the Parks, Recreation and Natural Resources Department would like to begin the procedure immediately, and to revise and refine it as necessary. Anderson said he believed the Parks, Recreation and Natural Resources Commission should investigate policy on the use of leg traps. Lambert said trapping was not allowed within the City parks. Trapping was allowed within the City because State law allowed leg-hold traps. However, this interpretation could be challenged. MOTION Harris moved approval of Resolution No. 91-260 Adopting the Wildlife Management Plan. Seconded by Pidcock. Motion approved 4-0. • r' Eden Prairie 9 December 17, 1991 City Council Minutes approved 2. Funding Update for Brunt Lake Regional Park Lambert called Council attention to a letter dated December 13, 1991 from Douglas F. Bryant, Superintendent and Secretary to the Board of Hennepin Parks, which recommended that Bryant Lake Regional Park be developed in two phases. The total cost would be $4.1 million, with the first phase costing $2.7 million. He pointed out that the City had consistently requested that this project be done in a single phase. Lambert said Mayor Tenpas had sent a letter to the Metropolitan Parks and Open Space Commission asking it to reconsider funding the project for $4.1 million because the park was in a fully-developed area of the region. He said Council could also consider asking Hennepin Parks to issue $1.4 million in bonds to develop the park, the difference between the cost of the first phase and the total cost, so that the project could be completed in one phase. Jessen said he believed Lambert's approach in sending the Mayor's letter was a sound one. He suggested also requesting appropriation of funds from projects which were unable to proceed for any reason. Jessen also said that the Park District had bonding authority and the possibility of bonding to finance . the balance between the $2.7 million and the total cost of the project should be investigated as well. He pointed out that the actual amount appropriated would not be known until after the State Legislature adjourned in May 1992. C. Report of Director of Public Works 1. TIF Capital Projects Status Report Dietz called Council attention to the 1990 TIF Capital Projects Study Report. He said none of the projects in the study report had begun and believed it was appropriate to discuss potential projects again. He requested some direction from Council on projects it would like to see included in the list of TIP Capital Projects so a budget could be developed. He said that after a final list of projects and a budget was developed, it would be necessary to hold a public hearing before any projects could begin. After further discussion, Council agreed to hold a workshop session at 6:00 PM, January 21, 1992 to review all possible TIF projects and set priorities. Council also agreed that the Public Hearing for the TIP Capital Projects would be held on February 18, 1992, and directed staff to publish proper notice of the hearing. • • Eden Prairie 10 December 17, 1991 City Council Minutes .approved 2. Update of the Corns of Engineers Permitting Process for Purgatory Creek Wetlands Praiect Deitz reported on a meeting that City staff had held with the U. S. Army Corps of Engineers on December 17, 1991. He said the purpose of the meeting was to provide the Corps of Engineers with more information about the Purgatory Creek Wetlands Project. The issue before the Corps of Engineers was which government agency had jurisdiction if it were determined that there had been a violation. The U. S. Environmental Protection Agency had the authority to be the lead agency, but it would be more appropriate and easier to work with the Corps of Engineers because it was local. The EPA office was located in Chicago. He said that basically the sense of those attending the meeting was that things that happened prior to 1985 would not be considered. The Corps staff believed that it would be necessary to issue an after-the-fact permit. If EPA would become involved, it would probably do so because it would levy fines. If the Corps was the only agency involved, Dietz believed the issue could be resolved amicably. The Corps position was that there was no flagrant violation, and it was considering the possibility of covering the whole situation with one permit dealing with the • park entrance area and the Purgatory Creek Recreation Area. Dietz said he believed the course to follow would be to get the feasibility study from the Riley-Purgatory-Bluff Creek Watershed District, develop some more detailed plans for the park, and obtain an after-the-fact permit for the entire project. Dietz pointed out that the authorization that Council had given for legal counsel and a consultant to help on the issue was limited to the park entrance area. It did not involve the properties that were privately owned. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Pidcock moved, seconded by Jessen, to adjourn to an executive session to discuss potential litigation at 9:15 PM. Motion approved 4-0. • k