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City Council - 03/08/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 8, 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 ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. Harris was absent. PRESENTATION OF GFOA (GOVERNMENT FINANCE OFFICERS ASSOCUTION) CERTIFICATE Jullie described the Certificate of Achievement for Financial Reporting that the City has been awarded for the second year in a row by the Government Finance Officers Association. Eden Prairie is one of ninety cities, counties, and school districts in Minnesota so recognized. PRESENTATION OF AWARD FOR BRIDGE DESIGN BY THE CONSULTING ENGINEERS COUNCIL Dietz displayed the'award for environmental sensitivity in the design of the railroad bridge over Dell Road that was given by the Consulting Engineers Council of Minnesota to the City as owner of the project and BRW as the design engineer I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item M.A.1. Marina on the Minnesota River. Tenpas added item XI.A_2., Ordinance or Resolution regarding_ term limits for City Council members; item XI.A.3., Letter commending Councilmember Anderson on his service. Jullie added item XI.D.2., County/State Aid Application ISTEA item XI.D.3.,Request from NSP regarding Prairie Island. MOTION: Pidcock moved, seconded by Anderson, to adopt the agenda as presented and amended- Motion carried unanimously. U. OPEN PODIUM City Council Minutes 2 March 8, 1994 There were no presentations made during this portion of the agenda. M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 15, 1994 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the February 15, 1994,Council meeting as submitted. Motion carried unanimously. B. SPECIAL CITY COUNCIL MEETING HELD MONDAY,FEBRUARY 28,1994 Anderson noted that Item III should have included the fact that the expenses for the dinner were paid by the Council. MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the special City Council meeting of Monday, February 28, 1994, as submitted and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-27, APPROVING THE PREMISE PERMIT RENEWAL APPLICATION FOR BINGO FOR THE EDEN PRAIRIE HOCKEY ASSOCIATION C. FLYING CLOUD LANDFILUMN METHANE by NEO Corporation. 2nd Reading of an Ordinance for Zoning District Amendment in the I-2 District on 14 acres; Adoption of a Resolution Approving Site Plan Review for NEO Corporation and Approval of a Developer's Agreement for Flying Cloud Landfill/MN Methane. Location: Flying Cloud Sanitary Landfill. (Ordinance#6-94, for Zoning District Amendment in the I-2 District on 14 acres and Resolution#94-28,Site Plan) D. APPROVAL OF MANAGEMENT STUDY FOR COMMUNITY CENTER E. APPROVAL OF STARING LAKE TRAIL LEASE - MN DEPARTMENT OF NATURAL RESOURCES F. 1ST READING OF ORDINANCE #9-94, AMENDING CITY CODE CHAPTER 2, SECTION 2.16, SUED. I RELATING TO ESTABLISHMENT AND COMPOSITION OF HUMAN RIGHTS&SERVICES COMMISSION G. ADOPTION OF RESOLUTION #94-29 AMENDING FEE RESOLUTION TO ADD THE ESTABLISHMENT OF STORM WATER UTILITY RATES H. APPROVAL OF ADA GRIEVANCE PROCEDURE I. RESOLUTION#94-30 ON TAKE-HOME VEHICLES City Council Minutes 3 March 8, 1994 Regarding Item I,Jessen asked what the number involved is. Jullie said he was not sure but there are not more than ten take-home vehicles. The consensus was to leave Item I on the Consent Calendar, but to have Staff report back on the exact number of take-home vehicles. MOTION: Jessen moved, seconded by Pidcock,to approve items A. -I. of the Consent Calendar as presented. Motion carried unanimously. V.PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION Staff presented background information and identified issues for the City Council to consider. Those who had expressed an interest in this issue were invited to the meeting. Pidcock asked if letters had been sent to the Minnesota Association of Realtors and to individual realtors in Eden Prairie. Enger said he did not believe so. Doug McNamara, representing Mason Homes and the Builders Association, said they prefer Sign Code Option 4 with some changes and additions. He said that they would want a standard T style of signs. Enger said Staff has a concern with sign sticks where there are underground utilities. MOTION: Pidcock moved, seconded by Jessen, to continue the Public Hearing to allow other groups and individuals to have input. Anderson said he had some major concerns on this issue and asked City Attorney Pauly for clarification of some of the points presented in the review of issues. VOTE ON THE MOTION: Motion carried unanimously. VI.PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen,to approve the Payment of Claims as presented. Motion carried on a roll call vote,with Anderson,Jessen,Pidcock,and Tenpas voting "aye," VIL ORDINANCES AND RESOLUTIONS VIII.PETITIONS,REQUESTS AND COMMUNICATIONS LY.REPORTS OF ADVISORY BOARDS, COMMISSIONS& COMMITTEES A. PRAIRIE RIDER PROGRAM UPDATE-Basil L.`Vissner Basil Wissner reported on the first four months of operation for the Prairie Rider Program and outlined the following three options for the program: operate it as a City program; hire a contractor to run it; terminate the program. City Council Minutes 4 March 8, 1994 The consensus was to discuss this topic in a joint meeting with the Human Rights and Services Commission. Councilmembers commended Wissner for the hard work and dedication he and his associates have given to the program. B. PLANNING COMNIISSION HOUSING STUDY GROUP - Summary of Eden Prairie Employee Survey(Katherine Kardell) Katherine Kardell of the Planning Commission presented the report of the Commission's Housing Study Group and summarized the findings and recommendations of the Group report,noting that the recommendations have been approved by four Commissions_ Councilmembers expressed concern that there may be a perception of obstacles to housing in Eden Prairie even though such obstacles may not exist. The consensus was to discuss the findings and recommendations of the group at a joint meeting with the Planning Commission and Human Rights & Services Commission and to discuss the Prairie Rider program at the same joint meeting. Councilmembers commended Kardell and the other members of the study group for their efforts in putting the study together. X.APPOINTMENTS A. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of a member to the Human Rights&Services Commission for a term to expire February 28, 1997 MOTION: Pidcock moved, seconded by Jessen,to nominate Peg DuBord to fill the three-year term to expire February 28, 1997 on the Human Rights and Services Commission. MOTION: Pidcock moved, seconded by Jessen,to close nominations and to appoint Peg DuBord to the three-year term expiring February 28,-1997, on the Human Rights and Services Commission. Motion carried unanimously. B. HUMAN SERVICES COMMITTEE - Appointment of 2 members to the Human Services Committee to fill unexpired terms to I1/1/94 MOTION: Jessen moved, seconded by Pidcock, to nominate Munna Yasiri and Dianna Nelson to fill the two unexpired terms on the Human Services Committee. MOTION: Jessen moved, seconded by Pidcock,to close nominations and to appoint Munna Yasiri and Dianna Nelson to the two unexpired terms on the Human Services Committee. Motion carried unanimously. XL REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Marina on the Minnesota River City Council Minutes 5 March 8, 1994 Pidcock said she would like to have staff explore the possibilities of developing a marina on the Minnesota River. She said she thought we should get input from the Watershed District and that it would be beneficial to the City to have such a facility. Lambert noted that such a facility would be in violation of what the U.S. Fish&Wildlife Service is doing there with the wildlife refuge. Jessen expressed concern that such a facility would be in conflict with the U.S.Fish&Wildlife Service and that it might well be economically bad for the City. MOTION: Pidcock moved, seconded by Anderson , to direct Staff to review with the Watershed District options available to enhance the Minnesota River Valley area to the benefit of the City. Motion lost 2-2,with Jessen and Tenpas opposed. Jessen suggested that the Council ask the Parks Commission to investigate this matter in conjunction with the governmental bodies involved and to return to the Council with a report on possible enhancements. The other Councilmembers concurred with Jessen's suggestion. 2. Ordinance or Resolution regarding term limits for City Council members Tenpas called attention to the information on this topic. 3. Letter commending Councilmember Anderson on his service Ten Tenpas read a letter from Dennis Doyle commending Councilmember Anderson on his years of service to the City. B. REPORT OF CITY MANAGER 1. Execution of Sublease with Eden Prairie School District for City Center Jullie highlighted the major points of the sublease that has been negotiated at a staff level with the School District for its space in the City Center. The School Board will consider this item at its March 21, 1994 meeting. . Councilmembers questioned what the School District will pay for acquisition, remodeling and operating costs. Jullie said that they will repay 100% of their portion of the acquisition and remodeling costs over a 12 year period and that the we share the operating expenses on a pro rata square foot basis. MOTION: Pidcock moved, seconded by Anderson, to authorize execution of the sublease agreement with the School District for its space in the City Center building. Motion carried unanimously. 2. Discussion on Rental Fees for City Center Facilities City Council Minutes 6 March 8, 1994 Jullie reviewed the Staff information regarding the use of meeting and dining facilities by small groups in the City Center put together on request of the Council at its February 28th meeting. Councilmembers were concerned that groups that have used the facilities and the food service should have an opportunity to review the information. The consensus was to continue the discussion to the next meeting to allow other groups to review the information and to determine what requests we have for the facilities. C. REPORT OF DIRECTOR OF PARKS.RECREATION&NATURAL RESOURCES 1. Philip R.Hill Property Acquisition Status Lambert summarized his negotiations with Mr. Hill for the property along Riley Lake, noting that there was still some distance between the price offered by the City and the price desired by I&. Hill. Lambert said the City would be letting bids in early April on a contract to develop this site as part of the park and asked Council members for direction regarding condemnation of the property. Councilmembers expressed concern that the City appears to be acting as a real estate agent in this case. MOTION: Pidcock moved, seconded by Anderson,to authorize Staff to initiate condemnation proceedings in order to assure ownership of the property prior to construction of the park. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Birch Island Lake Level Cooperative Agreement with Mine Mile Creek Watershed District Dietz discussed the follow-up on a report on the level of Birch Island Lake in late 1992. At that time, there was no conclusive indication about why the lake level had dropped significantly. One possible explanation was a disruption of groundwater flow from the upgrading of the Townline Road/Crosstown Highway extension. The Watershed District proposed that monitoring wells be placed up- and down stream in the groundwater flow by the Crosstown extension. Cost for this project will be about$3,000, with the cost to be shared equally by the Watershed District and the City. MOTION: Jessen moved, seconded by Pidcock, to make necessary arrangements with the Watershed District to place monitoring wells up-and down stream in the groundwater flow by the Crosstown extension for an estimated cost of$3,000, with costs to be shared equally by the City and the Watershed District, and with the request that the Watershed District provide the City Council Minutes 7 March 8, 1994 City with plans and recommendations for the area at the conclusion of the monitoring project. Motion carried unanimously. 2. County/State Aid Application(ISTEA) Dietz reported that, as part of the upgrade of County Road 18, there will be funding for upgrading County Road 1 to a four-lane roadway from Highway 18 to Juniper Lane. He said the County has asked that we give them a letter supporting the application for funding to continue the upgrade of County Road 1 to four lanes all the way to County Road 4. He noted that County Road 1 is an important element in the transportation system in the City_ MOTION: Pidcock moved, seconded by Anderson, to send a letter of support for the application to fund the upgrade of County Road 1. Motion carried unanimously. 3. Request from NSP regarding Prairie Island Dietz reviewed a letter from NSP to the City requesting that, as a customer, we offer our support of the Prairie Island nuclear waste proposal. Councilmembers expressed concern about the appropriateness of offering support as a Council and whether this letter could be construed as a threat. F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR XH.OTHER BUSINESS XIII.ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Anderson, to close the meeting. Mayor Tenpas adjourned the meeting at 9:15 p.m.