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City Council - 04/06/1993 • MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, April 6, 1993 IMMEDIATELY FOLLOWING HRA MEETING CITY COUNCIL CHAMBERS 7600 Executive Drive COUNCIL AIF,MRERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin lessen, 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, Senior Planner Mike Franzen, Planner David Lindahl, Park Planner, Barbara Penning Cross, and City Engineer, Al Gray PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:40 p.m. All members were present. RESOLUTION AWARDING SALE OF GENERAL OBLIGATION PARK BONDS, SERIES 1993A (the "Park Bonds") IN THE AMOUNT OF $3,400,000 MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-54, awarding sale of General Obligation Park Bonds, Series 1993A, in the amount of$3,400,000. Motion carried unanimously. RESOLUTION AWARDING SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993B (the "Improvement Bonds") IN THE AMOUNT OF $2,695,000 MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-55, awarding sale of General Obligation Improvement Bonds, Series 1993B, in the amount of$2,695,000. Motion carried unanimously. RESOLUTION AWARDING SALE OF GENERAL OBLIGATION WATER AND SEWER REFUNDING BONDS, SERIES 1993C (the "Water and Sewer Refunding Bonds") IN THE AMOUNT OF$6,715,000 MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-56, awarding sale of General Obligation Water and Sewer Refunding Bonds, Series 1993 C, in the amount of$6,715,000. Motion carried unanimously. MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-57, authorizing the execution and delivery of a first amendment to Series B Lease Agreement with respect to certain revenue bonds of the Housing and Redevelopment Authority. Motion carried unanimously. 0 City Council Minutes 2 April 6, 1993 • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.3., Registration for Programs at Community Center: Item X.A.4.. Use/Support of Transportation Services of Southwest Metro.. Tenpas added Item X.A.S..Update on Legislative Session at State Capitol. MOTION: Pidcock moved, seconded by Harris, to approve the agenda as presented and amended. Motion carried unanimously. U. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 16, 1993 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the meeting held March 16, 1993, as submitted. Motion carried unanimously. III. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING FLOOD PLAIN REGULATION ORDINANCE FLOOD PLAIN ORDINANCE REVISION(Ordinance#7-93,Amending City Code;Resolution#93-58,Authorizing Summary for Publication) C. ST. ANDREW LUTHERAN CHURCH by St. Andrew Lutheran Church. 2nd Reading of an Ordinance requesting PUD District Review with waivers on 59.70 acres and Rezoning from Rural to Church on 4.8 acres; Approval of Developer's Agreement for St. Andrew Lutheran Church; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for St. Andrew Lutheran Church. (Ordinance #8-93- PUD-1-93,PUD District Review with waivers and Rezoning from Rural to Church;Resolution#93- 59, Authorizing Summary and Publication; and Resolution #93-60, Site Plan Review) D. MARKHAM ADDITION by John Markham. 2nd Reading of an Ordinance requesting Rezoning from Rural to R1-13.5 on 22.97 acres; Approval of Developer's Agreement for Markham Addition; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: South of Townline Road. (Ordinance #11-93, Rezoning from Rural to Rl- 13.5; and Resolution #93-61, Authorizing Summary and Publication) E. RESOLUTION#93-62, APPROVING THE FINAL PLAT OF MARKHAM ADDITION (located south of Townline Road and west of Heathbrook Drive) F. FAIRFIELD SOUTH by Centex Real Estate Corp. 2nd Reading of an Ordinance requesting Zoning District Change from Rural to R1-13.5 on 16.2 acres and from Rural to R1-9.5 on 26.6 acres; Approval of Developer's Agreement for Fairfield South; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: South of Townline Road. . (Ordinance #10-93, Rezoning from Rural to R1-13.5; and Resolution #93-63, Authorizing Summary and Publication) City Council Minutes 3 April 6, 1993 • G. RESOLUTION #93-64, APPROVING THE FINAL PLAT OF FAIRFIELD SOUTH (located at the southwest corner of CSAH 1 and the future Braxton Drive) H. EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND REMODELING by I.S.D.272. 2nd Reading of an Ordinance requesting Zoning District Amendment within the Public Zoning District on 47 acres; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for Eden Prairie High School. Location: 17185 Valley View Road. (Ordinance#9-93, Zoning District Amendment within the Public Zoning District; Resolution #93-65, Authorizing Summary and Publication; and Resolution #93-66, Site Plan Review) I. PROCLAMATION FOR VOLUNTEER RECOGNITION WEEK (April 18 - April 24. 1993) J. RESOLUTION #93-67, APPROVING THE FINAL PLAT OF BELL OAKS ESTATE 2ND ADDITION (located south of Riverview Road, east of Homeward Hills Road) K. RESOLUTION#93-68. APPROVING THE FINAL PLAT OF BLUFFS WEST 12TH ADDITION (located north of Wild Heron Point) L. RESOLUTION #93-69, AWARDING FIRE HYDRANT PAINTING CONTRACT, I.C. 93-5319 M. RESOLUTION #93-70 AWARDING MAINTENANCE MATERIALS/WATER TREATMENT CHEMICALS CONTRACT N. RESOLUTION #93-71. APPROVING COOPERATIVE AGREEMENT FOR STORM SEWER COSTS ON TECHNOLOGY DRIVE S P 2762-15 I.C. 93-5307 O. RESOLUTION #93-72, AUTHORIZING SALE OF LAND TO MnDOT FOR T.H. 212, I.C. 51- 348 P. RESOLUTION#93-73,APPROVING PLANS AND SPECIFICATIONS FOR BRAXTON DRIVE IMPROVEMENTS, I.C. 52-189 It was noted that item I. represented a proclamation for school volunteers, only. Staff explained that a proclamation for all the City's volunteers would be forthcoming, but that this particular proclamation was to be presented at a special school event during the week specified. MOTION: Harris moved, seconded by Pidcock, to approve Items A. - P. of the Consent Calendar. Motion carried unanimously. IV.PUBLIC HEARINGS/MEETINGS A. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals: Location: Willow Creek Road (Continued from March 16, 1993) City Council Minutes 4 April 6, 1993 • MOTION: Pidcock moved, seconded by lessen, to continue this item to the April 20, 1993, meeting. Motion carried unanimously. B. SPECIAL ASSESSMENT HEARING, I.C. 52-067 (Resolution) Gray explained the proposed utility improvements for Rowland Road and the assessments to be levied for each parcel involved. He noted that a letter of objection had been received from Interstate Diesel. There were no comments from the audience. MOTION: Pidcock moved, seconded by lessen, to close the Public Hearing and adopt Resolution#93- 74, approving the assessment roll for I.C. 52-067. Motion carried unanimously. C. VILLAGE KNOLLS 2ND ADDITION by Wooddale Builders. Request for PUD Concept on 34 acres, PUD District Review on 34 acres and Zoning District Amendment in the R1-13.5 on 19.1 acres, Preliminary Plat of 19.1 acres into 44 lots. Location: East of Homeward Hills Road (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment in the R1-13.5 Zoning District; and Resolution for Preliminary Plat) Randy Hedlund, consultant for the developer, presented the proposal details noting that it represented Phase II of the Village Knolls PUD approved in 1990. The 2nd Addition showed one lot less than was conceptually approved in 1990. Councilmembers raised questions about erosion at the Creek. Steve Schwieters, developer, stated that he had not witnessed any evidence of erosion over the last few weeks while walking the property. Hedlund added that the trees on the property and the protective measures planned during development would help insure against any erosion during construction. Tom Maser, Horseshoe Trail, asked about plans to lower the grade of the slope near his house. The slope was 12-15 ft. higher than the yard. Schwieters said he would contact the neighbors in that area about dealing with the slope during construction. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Adopt the Resolution #93-75, adopting PUD Concept Review; 3) Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in the R1-13.5 Zoning District; 4) Adopt Resolution #93-76, approving the Preliminary Plat; and 5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff • recommendations. Motion carried unanimously. City Council Minutes 5 April 6, 1993 • D. COMMUNITY DEVELOPMENT BLOCK GRANT YEAR XIX (1993 - 1994) Funding Recommendations For grant year XIX, the City's entitlement had increased to $168,603.00, an increase of 90% over the previous year due to changes in census data. The Human Rights &Services Commission recommended activities to be funded. The major difference from previous years was several significant allocations for compliance with the Americans with Disabilities Act (ADA). Councilmembers asked about the number of families served by the child care allotment. Lindahl responded that this amount helped between five and nine families, depending on the number of children involved in each family. Councilmembers asked for a report from the Greater Minneapolis Day Care Association about how recipients moved through the system. Grace Norris, representing the Association, said that she would forward a report to the Council as soon as possible. Sharon Johnson, Mortgage Foreclosure Prevention Project, explained her program. The agency acted as a facilitator to provide information, or aid, to families needing mortgage assistance. She said that the second greatest number of calls had been received from Eden Prairie residents. MOTION: Jessen moved, seconded by Pidcock, to: 1) Close the Public Hearing; and • 2) Adopt Resolution #93-77, approving the proposed program for CDBG Year XIX, and authorizing its submittal to Hennepin County. Motion carried unanimously. E. RESOLUTION AMENDING CHAPTER 4 OF THE COMPREHENSIVE GUIDE PLAN ADDING PROVISIONS FOR NATIONAL URBAN RUNOFF PROGRAM PONDS AND MINNESOTA POLLUTION CONTROL AGENCY URBAN. "BEST MANAGEMENT PRACTICES" Councilmembers agreed with the importance of good management practices involving the protection of environmental resources. They also agreed that requirements of this type by other agencies, sans funding foi implementation and maintenance in the future, tended to force the costs of housing to be even higher and to thwart the efforts for development of affordable housing. They believed that it was important for other agencies to be cognizant of this problem. There were no comments from the audience. MOTION: Jessen moved, seconded by Harris, to: 1) Close the Public Hearing; and 2) Adopt Resolution #93-78, amending Chapter 4 of the Comprehensive Guide Plan. iMotion carried unanimously. City Council Minutes 6 April 6, 1993 • F. "MINING OPERATION. LAND ALTERATION AND ENVIRONMENTAL PRESERVATION REGULATION" Providing for National Urban Runoff Program (Ordinance) There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; and 2) Approve the 1st Reading of the Ordinance revising Section 11.55 of the City Code. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Hams, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye." VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS AND COMMUNICATIONS • A. Request from Eden Prairie Land Trust (EPLT) Continued from March 16, 1993 Jullie explained the restraints on the City in terms of meeting the requests of the EPLT. Diane Lynch, representing EPLT, said the organization understood the restraints on the City's resources and explained that the organization was more interested in the support of its efforts by the City. Councilmembers discussed its support of other organizations and expressed concern that all such groups requesting support of any type from the City be treated consistently. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES IX. APPOINTMENTS A. Appointment of Community Representative to the South Hennepin Regional Planning Agency (SHeRPA) Continued from March 16, 1993 MOTION: Pidcock moved, seconded by lessen, to appoint Peg DuBord as the Community Representative to the South Hennepin Regional Planning Agency (SHeRPA). Motion carried unanimously. 0 City Council Minutes 7 April 6, 1993 B. Appointment of a Citizen Representative to fill an unexpired term to February 28, 1994 on the Flying Cloud Airport Advisory Commission MOTION: lessen moved, seconded by Harris, to appoint Rob Kilpatrick to fill the unexpired term to February 28, 1994, on the Flying Cloud Airport Advisory Commission. Motion carried unanimously. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Council Ethics and Gift Practices Pidcock said she believed the City was fortunate that it had an ethical Council and ethical employees. She recommended a written policy incorporating standards or principles of ethics to be followed by the City and suggested that the standards be set high. Councilmembers rearmed the need for elected officials and employees to recognize that perception is reality, especially with respect to ethics. Council directed Staff to prepare a value statement or code of ethics for the City. 2. National League of Cities Conference Report • lessen and Pidcock summarized the workshops attended by them at the National League of Cities Conference in Washington, D.C. Workshops in which they participated included study of such topics as privatization of public services, environmental preservation, cable television, and diversity training. 3. Registration for Programs at Community Center Pidcock noted a recent article in the Eden Prairie News regarding registration procedures at the Community Center. Laurie Helling explained the changes which had already been implemented in the registration procedure and changes which were planned for the future. She noted that, while the article was critical of the process, the Center Staff was well aware of problems and had been studying other methods for over six months. She said that additional recommendations would be coming to the Council for review soon. Councilmembers concurred that the changes proposed would be helpful. It was suggested that this be an item on the agenda for a joint meeting with the School Board. 4. Southwest Metro Pidcock reported on the upcoming reverse commute event scheduled for April 14th. She also reported that, for the job fair scheduled for April 27th, it was expected that 80 businesses would be represented. Pidcock suggested that the City could use the services of Southwest Metro more • frequently, for example, in sending employees to seminars, and thereby set an example for other businesses to follow in utilization of mass transit. City Council Minutes 8 April 6, 1993 5. Update on Legislative Activities Tenpas reported on several proposed bills in the Legislature which would impact Eden Prairie. The Orfield housing bill was of particular concern because of conditions which would, in effect, remove local controls over development and housing, particularly in developing suburban communities like Eden Prairie. He also mentioned the proposed bill to coordinate all the radio communications within the seven-county metro area and commended Jim Clark and Gary Therkelsen for their input on the bill on behalf of the City. B. Report of City Manager 1. Naming of New City Hall Continued from March 16, 1993 Councilmembers discussed options for naming the new building at 8100 Mitchell Road, which would eventually serve more functions than just being a City Hall. A city-wide naming competition was suggested. Councilmembers agreed to postpone their decision on a name at this time. 2. Schedule for Joint Meetings with Boards & Commissions Council directed Staff to begin scheduling joint meetings with Boards and Commission starting at 6:00 p.m. before regular meetings. Staff was also directed to schedule a joint meeting with the • School Board. C. Report of Director of Parks, Recreation & Natural Resource 1. Cedar Forest/Hilltop Neighborhood Park Acquisition Status Update Continued from March 1691993 Cross reported on two parcels which Staff was pursuing for park acquistion purposes in the southwest area of the City. She explained that an appraisal had been completed on the Swanson parcel, but that the Atkins parcel had not been appraised. Councilmembers concurred that it would be best to keep all options open at this time and directed Staff to proceed with an appraisal of the Atkins property. 2. Recommendation from the Natural Resources Study Committee Cross reported on the progress of the Natural Resources Study Committee and explained its recommendations to the Council. MOTION: Harris moved, seconded by Jessen, to adopt the following recommendations of the Committee: a. Direct City Staff to purchase aerial interpretive contour maps for the remaining bluff property • and Riley Creek corridor at an approximate cost of$5,350. City Council Minutes 9 April 6, 1993 • b. Direct Staff and the Committee to limit the study to the seven sites described by the Committee and authorize Staff to notify all the property owners in the original study area regarding the study and possible eventual purchase by the City. Motion carried unanimously. 3. Recommendation for Hiring a Consultant for Evaluating Community Center Pool MOTION: Jessen moved, seconded by Pidcock, to retain the services of Lundquist, Willmar, Potvin and Bender, Inc. to conduct a study and make recommendation for improvements to the air handling and disinfectant systems at the Eden Prairie Community Center pool. Motion carried unanimously. XI. OTHER BUSINESS XH. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Motion carried unanimously.