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City Council - 10/05/1993 A11NUTES • EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 5, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Hams, 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 Community Development Chris Enger, Park Planner Barbara Penning Cross, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. Pidcock was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added item XI.A.1., Update on SHeRPA Activities. • MOTION: Harris moved, seconded by Jessen, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM A. BOGS ON RED ROCK LAKE Jim Eckblad, 15406 Village Woods Drive, and Mike McCann, 15416 Village Woods Drive, asked about progress on the removal of the bogs within Red Rock Lake. Dietz explained that the City had hired a contractor to remove the bogs; however, the contractor had been shut down over the weekend because of problems encountered. Staff was currently working on alternatives with the Minnesota Department of Natural Resources. B. BONFIRE FOR CIRCLE OF FIRE Matt Norman, Mike Lanberg, and Derrick Davis, members of the High School, the Circle of Fire youth group requested Council permission to hold a bonfire. Councilmembers raised questions regarding liability insurance. Staff responded that the School District was providing adult supervision. III. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 21, 1993 • MOTION: Anderson, seconded by Jessen, to approve the minutes of the September 21, 1993, meeting as submitted. Motion carried unanimously. City Council Minutes 2 October 5, 1993 WV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. REQUEST FROM SCHOOL DISTRICT TO DISPLAY COMAM40RATIVE PLAQUES AT THE ROUND LAKE PARK TENNIS COURTS C. REQUEST BY HOMART FOR GRADING PERMIT FOR DEVELOPMENT OF A KOHL'S DEPARTMENT STORE WITHIN EDEN PRAIRIE CENTER AREA D. APPROVE SUPPLEMENTAL AGREEMENT NO. 6 FOR DELL ROAD, I.C. 52-126 E. RESOLUTION #93-198, DECLARING COSTS TO BE ASSESSED AND ORDMUNG PREPARATION OF PROPOSED 1993 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE F. REQUEST BY ALEX DORENIEMPER FOR A GRADING PERMIT TO CONSTRUCT A WILDLIFE POND ON HIS PROPERTY LOCATED ON PIONEER TRAIL EAST OF LAKE RILEY MOTION: Hams moved, seconded by Jessen, to approve items A. -F. of the Consent Calendar as • presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. FREEBURG/PERHINS/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 August 3,1993) MOTION: Anderson moved, seconded by Harris, to close the public hearing and acknowledge the withdrawal of the application by the applicant. Motion carried unanimously. B. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued from September 21, 1993 MOTION: Harris moved, seconded by Anderson, to continue this item to the October 19, 1993 meeting. Motion carried unanimously. C. VACATION 93-04 - VACATION OF EASEMENT FOR RIGHT-OF-WAY OVER PART OF LOT 1. BLOCK 1, EDENVALE INDUSTRIAL PARK 7TH • Since publication of the public hearing, NSP and the owner of the property had agreed to maintain the easement and, therefore, requested that Council deny the vacation of the easement at this time. There were no comments from the audience. City Council Minutes 3 October 5, 1993 • MOTION: Jessen moved, seconded by Harris, to close the public hearing and deny the request for vacation of the easement. Motion carried unanimously. D. VACATION 93-05-VACATION OF RIGHT-OF-WAY FOR PART OF BLUE CIRCLE DRIVE (Resolution) Staff presented the request for vacation of right-of-way for part of Blue Circle Drive. There were no comments from the audience. MOTION: Anderson moved, seconded by Jessen, to close the public hearing and adopt Resolution #93-199, vacating right-of-way for Blue Circle Drive. Motion carried unanimously. E. VACATION 93-06 - VACATION OF RIGHT-OF-WAY FOR BLUFF ROAD LOCATED IN SECTION 36 (Resolution) Staff presented the request for vacation of right-of-way for part of Bluff Road. There were no comments from the audience. MOTION: Jessen moved, seconded by Hams, to close the public hearing and adopt Resolution#93- 200, vacating a part of the right-of-way for Bluff Road. Motion carried unanimously. • F. VACATION 93-07 - VACATION OF DRAINAGE AND UTILITY EASEMENT ON LOT 10, BLOCK 1, PRAIRIE EAST 4TH ADDITION (Resolution) MOTION: Harris moved, seconded by Anderson, to close the public hearing and adopt Resolution #93-201, vacating the drainage and utility easement. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Jessen moved, seconded by Hams, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, and Jessen, and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 2ND READING OF ORDINANCE AMENDING SECTION 5.36 OF THE CITY CODE, AND ADOPTING RESOLUTION TO ESTABLISH RESIDENTIAL SOLID WASTE COLLECTION DISTRICTS MOTION: Harris moved, seconded by Anderson, to approve the 2nd Reading for adoption of the Ordinance and the Summary for Publication, and to adopt Resolution#93-202, establishing collection district boundaries and collection days. Motion carried unanimously. B. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3, BY ADDING • SECTION 3.75 TO ESTABLISH A STORM WATER SEWER SYSTEM UTILITY Dietz reviewed the details of the proposed ordinance establishing a storm water utility system in the City. He added that first task would be to prepare a storm water quality plan for the City. City Council Minutes 4 October 5, 1993 Councilmembers asked about the impact this would have on the General Fund and about coordination of efforts with other agencies. Dietz said that the details regarding impact on the General Fund would be available for the next meeting. Regarding involvement and coordination with other agencies, Dietz stated that the City would be complying with all appropriate regulations of other agencies, but that other processes of these agencies had either not yet been completed, or were dealing with other issues than those which needed to be addressed by Eden Prairie. Councilmembers concurred that it was important for the City to proceed at this time, and acknowledged that changes to the ordinance may be necessary in the future depending on the actions taken by other agencies. MOTION: Harris moved, seconded by Anderson, to approve the 1st Reading of the Ordinance to establish a storm water utility system. Motion carried unanimously. VMXETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMM17 EES X. APPOINTMENTS A. INTERVIEWS AND APPOINTMENTS OF YOUTH REPRESENTATIVES TO BOARDS & • COMMISSIONS MOTION: Hams moved, seconded by Anderson, to appoint the following Youth Representatives to the City's boards and commissions: Lisa-Marie Gualtieri, Planning Commission;Jason Wainwright, Historical and Cultural Commission; Kelly Baker, Historical and Cultural Commission; Prairie Bly, Human Rights and Services Commission; Aaron Klink,Human Rights and Services Commission; and, Mark Bremer, Parks, Recreation, and Natural Resources Commission. Motion carried unanimously. B. BOARD OF APPEALS & ADJUSTMENTS - Appointment to fill vacant term to expire 2/28/95 MOTION: Jessen moved, seconded by Harris, to appoint Ronald L. Moeller to fill the vacancy on the Board of Appeals and Adjustments, which expires February 28, 1993. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. South Hennepin Regional Planning Agency (SHeRPM • Jessen reported on the recent activities of SHeRPA regarding demographics of the community. He explained that the data provided interesting information about the community and that SHeRPA was currently developing a strategy for disseminating the data to key pohcymakers in the community in order to effectively tackle some of the service gaps represented by the demographic City Council Minutes 5 October 5, 1993 • data. lessen noted that this type of information would be helpful to the City for planning its future services, as well. He said he would report any updated information to the Council. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Award Bid for Heating and Ventilation System at Community Center Pool MOTION: lessen moved, seconded by Anderson, to award the contract for revisions to the heating and ventilation system at the Community Center pool to Pneumatic Controls, Inc. per its bid for $84,400, and that an additional $9,400 from the General Fund Contingency Account be allocated toward this project. Motion carried unanimously. 2. Status of Natural Resources Referendum Staff discussed strategies for acquisition of natural resource properties as recommended by the Natural Resources Commission. Timing for a referendum to obtain properties for preservation was discussed. The preferred timing of a Summer, 1994, referendum would allow Staff time to complete negotiations on sales prices and obtain options on the properties without undue pressure on the land owners or the City. • Councilmembers asked how realistic it was to believe the City could obtain LAWCON(Federal Land and Water Conservation) Funds for the purchase of the properties involved. Staff said that, while it was possible, the probability of obtaining LAWCON funds was dependent upon many uncontrollable factors, such as the number and quality of applications. Diane Lynch, representing the Eden Prairie Land Trust (EPLT), explained that their major concern was potential loss of momentum for support of preservation of the properties. Councilmembers discussed strategies for keeping the issue before the public. Council directed that Staff continue negotiations with the land owners involved and to continue work toward a referendum to be scheduled in the Summer, 1994, at the earliest. Anderson and Tenpas volunteered to work with a referendum committee to help keep the momentum for the project visible to the public. Councilmembers suggested that the EPLT could be of help in this regard, as well. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Approval of Agreement for Urban Design Services Staff recommended approval of a contract for Urban Design Services with a joint venture of professionals for the downtown Marketcenter area. Councilmembers expressed concerns about a complete plan for the entire area, not just a few sites within the downtown portion of the City. For • example, the Purgatory Creek Recreation Area should be coordinated into an overall plan. Enger explained that a design for the park had been completed and that the intention of this contract would be to incorporate the design issues for the entire Prairie Center Drive/Marketcenter area with City Council Minutes 6 October 5, 1993 • the park and surrounding downtown features. This was to be used for marketing of the remaining City-owned parcels. After further discussion, Council concurred that the next phase of this work should include plans for the entire downtown area. Staff explained that this would be possible within 30 days. MOTION: Jessen moved, seconded by Anderson, to approve the execution of a contract with Cluts, O'Brien, Strother Architects and BRW Architects/Engineers as a joint venture for the work on a comprehensive design framework for the City's Marketcenter. Further, that the approved source of funding for such work be that portion of the TIF budget allocated for urban design features. Motion carried unanimously. Staff asked for Council input regarding City participation in the sale and development of other lands in the downtown area. Councilmembers concurred that they would like to look at options available before committing to additional involvement. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Amendment to Agreement with TKDA for Water System Improvements MOTION: Harris moved, seconded by Jessen, to authorize the Mayor and City Manager to execute • an agreement with TI DA to amend the design and construction services for water system modifications related to U. S. Highway 212 construction and for additional design services for a transit shelter, all at an estimated cost of $39,000. Further, said design work shall be coordinated with work performed under the approved Urban Design Services contract for the downtown area with Cluts, O'Brien, Strother/BRW. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Harris, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 9:05 p.m. •