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City Council - 03/17/1992 • APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY , MARCH 17 , 1992 8:00 PM, 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 Jan Nelson PLEDGE OF ALLEGIANCE • ROLL CALL Mayor Tenpas called the meeting to order at 8:00 PM . Jessen was absent . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item X .D .1 . Update on Group Home Program . Pidcock added Item X .A .1 . Having Cit Z ns heard at City Council meetings; Item X .A .2 . Sending Staff to Youth Training; Item X .A .3 . Leg-hold _Traps . Harris added Item X .A .4 . Goals for City Manager . Anderson added Item X .A .5 . Rice Marsh Creek , Riley Creek and the Bluffs . MOTION: Pidcock moved , seconded by Anderson, to approve the Agenda as published and amended . Motion carried unanimously_ II . MINUTES There were no Minutes . III . CONSENT CALENDAR • A . Clerk 's License List City Council Meeting 2 March 17 , 1992 B . Approve Plans for Improvements to CSAH 62 between CSAH • 60 ( Baker Road ) and CSAH 4 ( Eden Prairie Road ) , I .C . 52-173 ( Resolution No . 92-45 ) C . Approve Defeasance of McGlynn Bakeries Industrial Revenue Bonds ( Resolution No . 92-47 ) . D . Approve Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code ( Resolution No . 92-48 ) City Attorney Pauly said in Resolution No . 92-47 , Paragraph 4 , the words "will be fully" should be replaced by "which is represented by McGlynn Bakeries , Inc . and verified by_Springstad , Inc . to be" . He said the same change should be made in Paragraph 5 Pidcock said Resolution No . 92-48 , Paragraph 2 .( a) should be changed to read "Each Declaration shall be made . . . " . MOTION: Harris moved , seconded by Pidcock , to approve the Consent Calendar as published and amended . Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS • A . Amendments for Tax Increment Financing - 1992 Amendment of Development Program for Development District No . 1 and 1992 Amendment of Tax increment Financing Plans for Tax Increment Districts Nos . 2 ,3 ,4 ,5 ,6 , and 7 (Resolution No. 92-46) Jullie said the purpose of this public hearing is to allow public comment on the proposed list of improvements in the Major Center Area tax increment improvement program , as outlined in the Staff memo of March 13th . He said that Items 6 .g . and 14 on the list have just recently come up , and the County and School District will have to be notified of these two projects . He noted that the entire proposal will also have to be approved by the Planning Commission before the Resolution is adopted . Jullie said Councilmember Jessen had asked him to relay his comments on the list . He said Jessen questioned the need for some of the traffic signals, however , he reinforced the urgency for the Leona and Singletree signals . He said Jessen is supportive of the Purgatory Creek Park & Recreation area investment and that Jessen thought it might be wise to consider additional funding • for the urban design features and the land banking . He said Jessen suggested that we consider the use of an outside consultant to help in the pursuit of land banking . City Council Meeting 3 March 17 , 1992 • Jullie said there is still a question whether the wetland mitigation item would be eligible and more research by the legal staff will be required to make that determination. He said Staff is prepared to do a cash flow analysis on the items to see what sort of timing might be involved in accomplishing the list because investment income is an important factor in determining the total amount available. Harris said she also questioned the number of traffic signals and would like to have some more discussion about where they might best be used . She said she would also like to discuss the urban design features at some time . Director-of Public Works Dietz said they tried to list all the intersections that might potentially be required and that the list of signals is not in a prioritized order . He said the average cost of the signals would be about $75 ,000 each . Anderson said he was also concerned about the signal lights; however , he thought a project list of this magnitude should be looked at in a workshop session. He said he had not seen some of the items before , and he would like to see how they fit into the Major Center • design and how the whole thing looks when it is put together . Pidcock asked if there would be a 'signal at the intersection of Mitchell Road and Scenic Heights Road . Dietz said this is not in the Major Center project area and that they have not scheduled anything for that intersection at this time . Pidcock asked if any thought has been given to a Farmers ' Market in the M .C .A . Director of Planning Enger said the Downtown Design Brochure includes a design of possible plans , and a Farmers' Market is one of the items that has been discussed . Pidcock said she just didn 't want it to be forgotten. Tenpas asked what happens if the final approval is delayed . Dietz said we might want to get started on some of the projects as soon as possible . He said there might be a difficulty in delaying the Columbine Road extension next to Walmart as he thought there was an obligation to have a closing on that right-of-way in the near future . He said he wasn 't sure we could approve one segment of the list without approving all of it .- City Attorney Pauly said it would be possible • to break the list up into one or two amendments. Tenpas asked Staff to find out exactly when that item has to be done . Enger said it is in the Purchase Agreement with them for March 1 ; however , they have City Council Meeting 4 March 17 , 1992 asked if it could be done at least by April 1 . Pauly • said he had a call from Gary Gandrud , the Walmart representative , who is in charge of supplying the title information or title insurance . He said that would be required before there could be a closing . Tenpas asked if the land bank cost was part of the $1 .6 million for urban design features . Enger said the $1 million for land banking is to be used twice . Tenpas said he is concerned about the City buying land in order to control the economic development of the area . Harris said her impression was that the land banking was to be used as an incentive for certain types of development . Jullie said we will have to demonstrate some public purpose here . He said he thought it will give a certain amount of direct control over the developing our downtown area . Tenpas said he would like to have an update on what is happening with the Tieman property . There were no comments from the audience . MOTION: Harris moved , seconded by Pidcock , to continue • the Public Hearing to April 7 . Motion carried unanimously. V . PAYMENT OF CLAIMS Harris asked about the payment to the City of Richfield for motor vehicle registration and excise tax . Jullie said that is where we buy our license plates . Harris asked what was done with the old election ballot boxes as the purchase of new ones was quite a substantial SUM . Frane said they were cardboard and were recycled . MOTION: Pidcock moved , seconded by Anderson , to approve payment of claims . Motion carried with Anderson, Harris, Pidcock and Tenpas voting "Aye. " VI . ORDINANCES AND RESOLUTIONS There were none . VII . PETITIONS . REQUESTS AND COMMUNICATIONS A . Re-quest of Weston Bay Neighborhood to Revise Miller • Park Plan ( Continued from March 10 , 1992 ) Jullie noted that this item was continued from the March 10th meeting because residents of this City Council Meeting 5 March 17 , 1992 • neighborhood indicated they had additional items they wanted to discuss . Cheryl Cotter , 16837 Weston Bay Road , said she didn 't understand exactly what was passed at the meeting last week . Tenpas said the issue brought up was the closing of the park entrance . Cotter said that was not included in the request . She said that they had requested the ability to put fences across the back of their property and across one piece of property that the sidewalk accesses . Cotter said there should be and has been pedestrian access to the park . Director of Parks , Recreation & Natural Resources Lambert reviewed the issues requested by the neighborhood . Cotter said the points not addressed were a permit system for P .A . 's within the park , limiting alcohol usage in the parks , a commitment in writing that the neighborhood will be involved in changes made to the design of the park as development proceeds, and the use of the cul-de-sac as a bus turn-around . • Jan Forsberg , 17005 Weston Bay Road , said she was also concerned that the plantings be arranged to provide the best screening for the neighborhood and that the residents be allowed to become involved in the location of those plantings . Tenpas said he thought they had requested a fence across the City property and that would cut off access to the park at that point . Dave Chinnock , 16977 Weston Bay Road, said there is a misunderstanding and that the residents do not want a fence on City property . He said that they are not trying to block access to the park , only access between the houses . Lambert noted that the residents would not need permission to put up fences on private property - MOTION: Harris moved , seconded by Pidcock , to reconsider the motion passed on March 10th approving the revisions to the plan for Miller Park . Motion carried unanimously. • MOTION: Harris moved , seconded by Pidcock , to rescind the portion of the motion passed on March 10th relating to the construction of a fence across City property in the revisions to the plan for Miller Park . Motion carried unanimously. City Council Meeting 6 March 17 , 1992 Chinnock said they are requesting that an easement be • granted so that the neighborhood could build and maintain a fence on City property at that location if they choose to do so . Lambert said we have had requests for the City to build fences around parks in the past and that we have recommended that we don 't put City fences up to keep people out . A discussion -Followed regarding what had been approved in the motion passed on March 10th . Tenpas said he didn 't think an easement to allow construction of the fence on City property would be appropriate . Lambert said he didn 't have a problem with a permit for the P .A . system and noted that very few of the tournaments use P .A . systems . Tenpas asked how we would be able to control the use of permits for a hand--held P .A . system . Lambert said they could have any association using the fields fill out an application form and indicate if they are using a P .A . • system and what kind of system it is . Harris said she didn 't see any real problem but was wondering what would happen with other parks . Lambert said we have not had a permitting system , but neither have we had any reported problems . Pidcock asked what Hennepin County and other cities do about this . Lambert said he was not aware of any permitting system in other areas . Tenpas said he was reluctant to add a permit system until we have determined there are problems . Cotter said she would like to address this issue up front . Tenpas suggested that a footnote be put on the application form asking those who use a P .A . system during tournaments to be sensitive to the nearby neighborhoods . Lambert said it could be listed on the permit as one of the conditions for use of parks . Gary Forsberg , 17005 Weston Bay Road , said there is no other park in Eden Prairie that will have the same • number of fields , and he was concerned that the P .A . systems would be a problem . City Council Meeting 7 March 17 , 1992 The consensus was to add the "sensitive use" of P .A . systems as a condition on the park permit . Lambert said there is a state law regarding the use of alcohol on school grounds; however , Miller Park is not located on school property and there are 30 acres of woods here that will allow picnicking for people of all ages . He said he wouldn 't like to see this regulated unless it becomes a problem . He noted that , except for the baseball and soccer fields , the ball fields are scaled for children so the softball players will not be at this park . Tenpas said he would not have a problem with allowing use of alcohol in the picnic area only and prohibiting its use on the ballfields . Anderson said he felt that the use of alcohol should be prohibited anywhere that youth games are being played _ Tenpas said he thought we should go back and review this as a broader issue on all parks at a later time . He said he thought that Staff and the Legal Department should take a look at this issue for the whole City and come back to the Council with their findings at another • time . Other Councilmembers concurred . Cotter said the cul-de-sac is used as a turn-around for the buses and poses a potential safety problem , especially if parking is allowed on the cul-de-sac . Tenpas suggested that Staff work with the School District to resolve this problem . Lambert said Staff has suggested using the larger trees to provide better screening for the neighborhood when the landscaping is done , and that they would allow the residents to specify placement of the trees when they are planted . Tenpas then asked Staff to write a letter to the neighborhood summarizing the points that were discussed and approved at this meeting and at the March 10th meeting . He apologized to the residents for having to continue this discussion from the March 10th meeting and noted that he hoped their requests have been accommodated at this point . B . Request for Proposed Plan Approval from Eden Prairie Garden Club • Lambert said this request to implement a three-phase project to provide beautification improvements to the corner of County Road 4 and Valley View Road received the wholehearted support and recommendation of the Parks Commission . City Council Meeting 8 March 17 , 1992 Brenda Berkebile , President of the Eden Prairie Garden • Club , described the proposed project . MOTION: Pidcock moved , seconded by Harris , to recommend approval of the request by the Eden Prairie Garden Club . Motion carried unanimously. Pidcock said she would like to commend the Garden Club for their activities . C . Request Matching Funds for Heritage Preservation 1992 CLG Grant Application Jullie said this is a request from the Heritage Preservation Commission for $8 ,000 in City funds to match a federal grant to continue evaluation and survey work . MOTION: Pidcock moved , seconded by Anderson , to approve the request of the Heritage Preservation Commission . Motion carried unanimously. VIII . REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEE There were no reports . • IX . APPOINTMENTS A . Appointments to the Board of Review Jullie said that five members of the community who are actively involved in real estate have indicated their willingness to serve on the Board of Review as members or alternates . He said Staff recommends that the Council appoint three from the list as the Board of Review and the other two as alternates . Harris asked those present to introduce themselves . John Nielsen , Dick Sager , Regan Massee , and Gary Johnson were introduced . MOTION: Pidcock moved , seconded by Harris , to appoint Phil Olson , John Nielsen and Gary D . Johnson to the 1992 Board of Review and to appoint Dick Sager and Regan Massee as alternate members . Motion carried unanimously. Tenpas said he had a bit of a problem with the Council giving up this responsibility; however , he was willing to give this arrangement a try and then evaluate it • later . City Council Meeting 9 March 17, 1992 • Finance Director Frane and Sue Lane presented the results of the Park Bond Referendum vote . Lane said there were 2880 "Yes" votes and 1202 "No" votes for a total of 4082 . Tenpas -said he wanted to commend Lambert , Jullie and the rest of the Staff for their efforts in putting the referendum together and organizing the publicity . Lambert said he thought the difference in this referendum was that the citizens saw the Council out talking about it . _ Pidcock said she also wanted to thank Staff for their efforts and noted that she thought being fiscally conservative on this referendum was also very important . X. REPORTS OF OFFICERS A . Reports of Councilmembers 1 . Having citizens heard at City Council m2etin7, s Pidcock said she thought it was important that we establish a forum here where all of the citizens feel we are treating them with courtesy and where we give them time to air their concerns. • Tenpas said he does try to accommodate everybody who wants to talk; however , he said it is the Chair 's prerogative to recognize those who wish to speak. 2 . Sending Staff to youth training Pidcock said she saw an advertisement in the Nation 's Cities Weekly for fellowships offered by M .I .T . for staff members to attend training sessions to help develop the City's youth programs . She said she thought we might want to look into this and see if Staff members such as Laurie Heiling might be interested in attending . 3 . Leg-Hold Traps Pidcock said she received some phone calls from residents regarding leg-hold traps , and she wanted to know what the City's position was on this matter . Lambert said the Parks Commission has been reviewing this issue for the past two months and have appointed an Ad Hoc committee to study the matter . He said the Ad Hoc committee is checking into what other communities do and that • they will come back to the Commission with a recommendation for their review which will then be forwarded to the Council . City Council Meeting 10 March 17 , 1992 4 . Goals for City Manager • Harris noted that we haven 't established the City Manager 's goals for this year and we will be facing an evaluation in June . She said we need to get this on the Agenda . Jullie said he had received some input from Councilmembers and had intended to have it as an Agenda item tonight; however , Jessen asked that it be postponed until he could be present . S . Rice Marsh Creek , Riley Creek and the Bluffs Anderson said it was becoming obvious to him that we need a plan for the development of the Rice Marsh Creek and Riley Creek areas , and possibly one for development of the river bluff area . He said the Purgatory Creek plan has been very useful as a guide for development , and we need a similar plan for these three areas . He said he would like to have Staff review this and bring back a recommendation regarding planning for these areas . Lambert said there was a $30 ,000 item out from • this year 's budget for a Riley Creek study . Enger asked how this would fit in with the Bluffs Committee . Anderson said this would come after the Bluffs Committee recommendations and would provide more specifics regarding development . B . Report of City Manager 1 . Discussion of Merits for Separating Responsibilities for the Parks . Recreation & Natural Resources Commission and the Human Rights & Services Commission Jullie said Council had requested that they review the possibility of splitting these two commissions in order to provide more focus and attention on a particular area of concern . He said the preliminary reaction of the two commissions is included in the Staff memos from Lambert and Swaggert . Jullie noted that the Human Rights & Services Commission saw some merit in a split; however , the Parks , Recreation & Natural Resources Commission • did not feel there was enough responsibility in either area to warrant splitting their Commission . City Council Meeting 11 March 17 , 1992 • Harris noted that the Human Rights & Services Commission goals split out 50-50 on the two areas. She said the Community Needs and Resources Council has been searching for a major issue to work on. She said she thought there should be a dialogue with both the Human Rights & Services Commission and the Community Needs and Resources Council on this subject . Anderson said he thought it was important to watch who gets on the Parks Commission so that there is a balance between the parks and recreation aspect and the natural resources part . He said he thought it is important that it remain as one commission , especially for purposes of dealing with some of the issues . Pidcock said she agreed that it is important to keep them balanced . 2 . Proposal from Sterling Group . Inc . for Management Services Jullie said they have received a proposal from the Sterling Group for additional services . He said • he thought it is important to continue with their services as there is a lot of work to do before the closing on the CPT building. Tenpas said it appears that they have justified their fees on the first portion and that he would rely on Jullie 's judgment that their proposal is fair and that they are the group to do it . Harris said she thought they had done an excellent job in the first phase . Pidcock said she agreed; however , she thought they might be a little on the high end. Jullie responded that we tend to work them very diligently and that we will get a lot for our money . MOTION Harris moved , seconded by Pidcock , to authorize the services of the Sterling Group , Inc . as stated in the proposal dated March 11 , 1992 . Motion carried unanimously. C . Report of Director of Parks Recreation & Natural Resources • There was no report . D . Report of Director of Planning City Council Meeting 12 March 17 , 1992 1 . Update on Group Home Program • Enger said the State has acquired two properties in northwest Eden Prairie from tax forfeiture proceedings . He said that under their deinstitutionalization program they would like to proceed with the construction of two group homes for six developmentally disabled adult individuals . He said they have received calls from neighbors in the area , and Staff has suggested that the City host a neighborhood meeting for both properties that would be sponsored by the State Department of Human Services . He said the neighborhood meeting will be held April 6th . Tenpas said he had received several calls on thi-- , and the issue appears to be whether group homes should be placed in the middle of residential areas . He said he thought it is important to consider .how the neighborhood feels about these . Pidcock said that elected officials received a lot of heat over the construction of the Muriel Humphrey homes when those were built several year ago . • Enger said he thought the point about siting of these homes was very well taken . He said they have tried to encourage the State to look at not being in the middle of neighborhoods; however , this is what they have chosen to do . He said the State does have the right to go ahead with this; however , he thought it was important that they be up front with the neighborhoods about this . Harris said she thought we have very little control over the siting of these group homes ; however , this type of group home might be more desirable than some other types that we might be host to . A discussion followed regarding other group homes in the city . E . Report of Director of Public Works There was no report . F . Report- of City __Attorney There was no report . • XI . OTHER BUSINESS City Council Meeting 13 March 17 , 1992 • Vince Immordino , 9505 Bennett Place , said he was here to comment that there has been some correspondence from their legal department on the CPT building regarding some issues that need to be resolved . He wanted to make sure that the Council was aware of this . IV . ADJOURNMENT MOTION: Harris moved , seconded by Pidcock , to adjourn the meeting at 9:50 PM . Motion carried unanimously_ • •