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City Council - 01/04/1994 a' MINUTES EDEN PRAIRIE CITY COUNCIL .f TUESDAY, JANUARY 4, 1994 7:30 PM, CITY CENTER - Council. Chamber - 8080 Mitchell Road 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 Community Development Chris Enger, Director of Parks, Recreation &Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Tenpas called the meeting to order at 7:35 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added Item XI.A.1. Youth and Family Issues; Pidcock added Item XI.A.2. Ci1y Center Brochure; Jessen added Item XI.A.3. Wetland Banking and Item XI.A.4. Weekend Signs; Jullie added Item XI.B.2. Purchase Agreement for Thomas Property on Riley Lake, Item XI.B.3. Status Report on Liquor License Inventory, and Item XI.D.1. Sig_nage Requests. MOTION: Anderson moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. H. OPEN PODIUM There were no presentations during this portion of the meeting. M. MINUTES Minutes from previous meetings in December will be available at the January 18th meeting. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE #2-94, REGULATING USE OF PUBLIC PARKS C. RESOLUTION #94-1, DESIGNATING THE OFFICIAL CITY NEWSPAPER D. RESOLUTION #94-2, AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS E. RESOLUTION #94-3. AUTHORIZING FACSIMILE SIGNATURES BY PUBLIC OFFICIALS F. RESOLUTION #94-4. DESIGNATING DEPOSITORIES City Council Minutes 2 January 4, 1994 G. RESOLUTION #94-5. AUTHORIZING THE TREASURER TO INVEST CITY FUNDS H. RESOLUTION #94-6. REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES I. RECEIVE AND AUTHORIZE APPLICATION FOR ASSESSMENT OF CONNECTION FEE FOR 12300 RIVERVIEW ROAD J. CHANGE ORDER FOR NATATORIUM HVAC AND PLUMBING SYSTEM IMPROVEMENTS K. RESOLUTION #94-7, AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE L. AGREEMENT WITH BLOOMINGTON FOR RADIO SATELLITE ANTENNA LOCATION M. RESOLUTION#94-8. APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Regarding Item H, Councilmembers questioned why we are raising fees if the costs are not increasing. Specific questions were raised concerning Section 2.1, Cigarette License Fees and Section 2.39, Sewer and Water System Access. Jullie said that, as part of our annual process, each department reviews their programs and fees, and Staff surveys other communities' fee structures. The consensus was to remove Sections 2.1 and 2.39 from Item H for discussion a future meeting. MOTION: Harris moved, seconded by Pidcock, to approve items A. - G, amended item H, and items I - M. of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF ORDINANCE TO MERGE BUILDING CODE BOARD OF APPEALS AND BOARD OF APPEALS & ADJUSTMENTS MOTION: Harris moved, seconded by Pidcock, to approve 1st Reading of Ordinance#1-94 to merge duties of Building Code Board of Appeals into the Board of Adjustments and Appeals. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve 2nd Reading of Ordinance #1-94 to merge duties of Building Code Board of Appeals into the Board of Adjustments and Appeals and to approve Summary for Publication. Motion carried unanimously. City Council Minutes 3 January 4, 1994 VIII. PETITIONS, RMUESTS AND COMMUNICATIONS A. TRAFFIC CONCERNS ON NORTH LUND ROAD (Ronald Pashina)--(Continued from December 21 meeting) Dietz presented the results of traffic counts and a license plate survey prepared by Staff. Ronald Pashina, 15600 Oak Ridge Road, said he is concerned with the volume of traffic, the route that fire trucks must take to get into the area, and safety of children in the neighborhood. He added that the neighborhood would return to the Council in the future to discuss the issue further. B. SUPER VALU REQUEST TO RELOCATE TRANSMISSION TOWER Enger said Staff recommends Council support of the relocation. Tom Ryan, representing Super Valu, presented the request to relocate an NSP transmission tower on the Southwest Crossing site. Councilmembers expressed concern about the impact on trail usage, compensation to the City for the taking of land, whether the power lines could be buried in order to improve the aesthetics, and whether this item should have been presented as a Public Hearing so that nearby residents could have had input. Stu Fraser, representing NSP, said the technique available to bury such power lines is prohibitively expensive. Dale Beckmann, representing BRW, said this project will replace three of the old-style poles with the newer monopoles which will improve the aesthetics. MOTION: Jessen moved, seconded by Harris , to support Super Valu's relocation request, subject to the four conditions in the Staff summary memorandum of December 29, 1993. Motion carried with Anderson voting against. Anderson stated that he voted against the motion because nearby landowners had not been notified of the request and therefore could not have input to the request. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. RESOLUTION #94-9, DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 1994 AND APPOINTING AN ACTING MAYOR Jullie reviewed the proposed schedule for Council meetings, noting that Staff suggests the March meetings be held on March 8 and March 22 (2nd and 4th Tuesdays) because of the precinct caucuses on March 1 and the fact that there are five Tuesdays in the month of March. MOTION: Pidcock moved, seconded by Hams, to adopt Resolution #94-9, Designating the Official Meeting Dates, Time, and Place for City of Eden Prairie City Council in 1994, with the March meetings to be set per Staff recommendations, and Appointing Richard Anderson as Acting Mayor. Motion carried unanimously. City Council Minutes 4 January 4, 1994 B. RESOLUTION #94-10, DESIGNATING A DIRECTOR AND ALTERNATE DIRECTOR OF THE SUBURBAN RATE AUTHORITY FOR 1994 MOTION: Pidcock moved, seconded by Harris, to adopt Resolution #94-10, Designating Councilmember Richard Anderson as Director and John Frane as Alternate Director for the Suburban Rate Authority. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Youth and Family Issues Anderson said he has some real concerns about problems in the community that have been youth centered. He said he would like to get a survey of what is happening in the community and who is responsible for the programs that currently exist. Staff was directed to put together an inventory of programs in the community and to present the inventory as an agenda item in 30 days. 2. City Center Brochure Pidcock said she had some concerns with focusing on the two vendors in the City Center brochure. Swaggert said this is a rough draft and then reviewed the process used to select the two vendors in the brochure. Councilmembers expressed concern that other vendors were not solicited to present a proposal for the services offered and that proposed names for facilities such as the "Elizabeth Frey Ellet Room" that are named for a specific person should be reviewed by the Council. The consensus was that the brochure should be revised and reviewed by the City Attorney's office and the Council before it is distributed, and that names proposed for City facilities should be reviewed by the Council. 3. Wetland Banking Jessen said he has had inquiries regarding the consultant's report on this and he would like to see a discussion of this as a future Agenda item. 4. Weekend Signs (See Item XI.D.1.) B. REPORT OF CITY MANAGER 1. Policy for Rental Facilities at Eden Prairie City Center Staff presented a proposed policy to manage the City Center facilities. Associated fees for renting facilities in the City Center were designed to cover the City's costs for malting them available. The fee table would be an addendum to the annual Resolution of fees and charges. City Council Minutes 5 January 4, 1994 Councilmembers questioned what the pricing philosophy is for the facilities and expressed concern about competing with private-sector facilities in Eden Prairie. Swaggert said market research was done in the area regarding rental rates and policies for a number of publicly-owned facilities and some private facilities in the metropolitan area. She said the goal is to offset some operating costs and to break even. It suggested that the issue of fees be added as an Agenda item for another meeting. MOTION: Pidcock moved, seconded by Harris, to adopt the proposed policy for renting facilities in the Eden Prairie City Center. Motion carried unanimously. 2. Purchase Agreement for Thomas Property on RileLake Jullie reported that, after several attempts to reach a conclusion on this property, we have an opportunity to obtain this unique parcel of land by purchasing replacement property for$105,000. MOTION: Pidcock moved, seconded by Anderson, to authorize an amount not to exceed $105,000 to purchase replacement property for the owners of the parcel at 9300 Riley Lake Road. Councilmembers expressed concern about having to pay more than the assessed valuation of the property. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Jessen moved, seconded by Anderson, to authorize Staff to proceed with condemnation of the property in the event the offer is refused. Motion carried unanimously. 3. Status Report on Liquor License Inventory Jullie reviewed the status of on-sale liquor licenses, noting that we will soon have only two licenses available. MOTION: Harris moved, seconded by Pidcock, to authorize a referendum for the purpose of increasing the number of on-sale liquor licences available in Eden Prairie to an unlimited number. Councilmembers expressed concern that allowing an unlimited number would cause an inordinate number of licenses to be issued. City Attorney Pauly said the City would be able to set the standards that an applicant would have to meet in order to qualify for a liquor license. VOTE ON THE MOTION: Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS RECREATION & NATURAL RESOURCES 1. Request to Increase Garden Plot Rental Fees to Cover Costs (Continued from December 21, 1993) MOTION: Jessen moved, seconded by Harris, to increase the rental fees for community garden plots to reflect the full cost of the gardens, with a senior discount of $2.00. Motion carried unanimously. City Council Minutes 6 January 4, 1994 2. Gift Book (Continued from December 21, 1993) Staff explained the Gift Book, the purpose of which would be to allow individuals and organizations to make contributions to Eden Prairie's park and recreation system. Councilmembers expressed concern about the City competing with not-for-profit entities for contributions, using this means of funding needed public facilities, and the possibility that such a book might be used as a means of "arm-twisting." MOTION: Harris moved, seconded by Anderson, to authorize use of the "Gift Book" for potential contributors to the Eden Prairie park and recreation system. Motion carried with Jessen and Pidcock opposed. 3. Discussion of Activities Relating to the Community Center Open Skating Staff reviewed the current issues related to open skating at the Community Center. It was noted that adding security staff at the Community Center had provided a positive impact and a decrease in the number of problems. A resident from the area said he found the article in the newspaper regarding rowdy behavior at the Community Center offensive, that he believed the lack of supervision at the Community Center was the real problem there and that the City needs a safe place for kids and families to go and have a good time. Following a discussion of the increase in fees at the Community Center, Councilmembers expressed concern that we may be putting an emphasis on money and profit at the expense of adequate staff and support for worthwhile community services. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Signage Requests Enger reported that Staff is continuing to monitor the sign situation in the City but they would like to know if the general philosophy is to limit signs or allow signs. Councilmembers said that public service signs from service organizations are okay. The consensus was that Staff should draft recommendations and bring them to the Council. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to close the meeting. Mayor Tenpas adjourned the meeting to a closed session with the City Attorney at 9:40 P.M.