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City Council - 07/05/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 59 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCI AMBERS: 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. All members were present. PRESENTATION OF NATIONAL SEAT BELT AWARD TO THE CITY OF EDEN PRAIRIE FROM THE MINNESOTA PASSENGER PROTECTION PROGRAM (Jara Fairchild) As part of a recognition program sponsored by the National Highway Traffic Safety Administration (NHTSA) and the State of Minnesota, Jara Fairchild of the Minnesota Passenger Protection Program presented the City with a plaque recognizing that at least 70% of the City's employees use seat belts on the job. Jullie noted that we have received substantial insurance reductions as a result of this program, and he thanked City Staff and the Employee Safety Committee for their efforts on the program. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1., B.F.I. Letter of Intent to Purchase Reuter Facility. Jullie added item VIII.A., Request from Hockey Association of Eden Prairie. MOTION: Pidcock moved, seconded by Jessen, to adopt the agenda as presented and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations during this portion of the meeting. City Council Minutes 2 July 5, 1994 M. MINUTES A. CITY COUNCIL/METROPOLITAN COUNCIL MEETING HELD MONDAY, JUNE 6, 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the City Council/Metropolitan Council meeting of Monday, June 6, 1994, as submitted. Motion carried unanimously. B. JOINT CITY COUNCIL/PLANNING COMMISSIONMEETINGHELD TUESDAY.DUNE 14, 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the Joint City Council/Planning Commission meeting of Tuesday, June 14, 1994, as submitted. Motion carried with Jessen abstaining. C. CITY COUNCIL MEETING HELD TUESDAY. .TUNE 14, 1994 MOTION: Anderson moved, seconded by Harris, to approve the minutes of the City Council meeting of Tuesday, June 14, 1994, as submitted. Motion carried with Jessen abstaining. D. CITY COUNCIL MEETING HELD TUESDAY, JUNE 21, 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the City Council meeting of Tuesday, June 21, 1994, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF PARKS. RECREATION & NATURAL RESOURCES COMMISSION RECOMMENDATION REGARDING MINNESOTA WILDLIFE REFUGE C. REQUEST TO PROCEED WITH TROST PROPERTY ACQUISITION AND MITEHILL ACQUISITION D. 2ND READING OF ORDINANCE #23-94 RELATING TO ANIMAL REGULATIONS E. RESOLUTION #94-100, APPROVING FINAL PLAT OF BLUFFS EAST 15TH ADDITION (located south of Bluff Road, between Trotters Path and Wild Duck Circle) F. RESOLUTION#94-101,AWARDING CONTRACT FORDELLROAD IMPROVEMENTS FROM WEST 82ND STREET TO LINWOOD COURT AND WEST 82ND STREET IMPROVEMENTS, I.C. 94-5345 AND I.C. 94-5341 City Council Minutes 3 July 5, 1994 G. RESOLUTION #94-103, APPROVING THE CERTIFICATE OF CORRECTION FOR DELLWOOD ESTATES MOTION: Pidcock moved, seconded by Anderson, to approve items A. - G.-of the Consent Calendar as submitted. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION (Ordinance) (continued from March 8, 1994, June 7, 1994, June 14) 1994 and June 21, 1994) Jullie said Staff is requesting a further continuance of this item. MOTION: Harris moved, seconded by Anderson, to continue the Sign Code discussion to July 19th. Motion carried with Pidcock abstaining- B. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued Item from 4/5/942 4/19/942 5/3/94, 5/17/94, 6/14/94 and 6/21/94) Jullie said proponent has requested a continuance to August 2nd. MOTION: Pidcock moved, seconded by Jessen, to continue the discussion to August 2nd as requested by proponent. Motion carried unanimously. C. SPECIAL ASSESSMENT HEARING (Resolution) Gray reviewed the three projects proposed for special assessment, noting that the street utility improvements are 100% petition by the developer. He said the owners of the Village Knolls 2nd Addition have requested that these Special Assessments be adopted by the Council as quickly as possible to minimize the number of Special Assessments Pending notations which will be included with property records. There were no comments from the audience. MOTION: Jessen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution #94-102 approving the Assessment Rolls for I.C. 93-5325, Street & Utility Improvements in Village Knolls 2nd Addition, and Supplementals, Trunk Sewer & Water Improvements for the Michael Loosen property and for the Windfield 4th Addition. Motion carried unanimously. City Council Minutes 4 July 5, 1994 VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and-Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request from Hockey Association of Eden Prairie (HASP) Jullie reviewed the request from the Hockey Association to allow relocation of their bingo and pulltab operation from the former Cadillac Ranch facility to Prairie Village Mall, noting that HAEP employs 25 part-time employees, pays a monthly gambling tax to the city, gives 100% of their profits to support youth athletics, and has no record of problems reported to the Police Department. He said the City Attorney has prepared the required ordinance change and resolution. MOTION: Jessen moved, seconded by Hams, to adopt Resolution #9.4-104 approving the remise permit for hte Hockey Association of Eden Prairie. Motion carried unanimously. MOTION: Jessen moved, seconded by Harris, to approve 1st Reading of Ordinance #24 -94, amending City Code Chapter 5 regarding premises for lawful gambling. Motion carried unanimously. MOTION: Jessen moved, seconded by Harris, to approve 2nd Reading of Ordinance#24-94, amending City Code Chapter 5 regarding premises for lawful gambling. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. B.F.I. Letter of Intent to Purchase Reuter Facility Pidcock asked Staff to bring back a report on any issues that may exist regarding B.F.I.'s purchase of the Reuter facility B. REPORT OF DIRECTOR OF PUBLIC WORKS 1. APPROVE ENGINEERING SERVICES WITH BLACK&VEATCH FOR WATER TREATMENT PLANT EXPANSION City Council Minutes 5 July 5, 1994 Dietz reviewed the requirements to design and develop the expansion of the Water Treatment Plant, noting that three consulting firms were interviewed for the first phase of the expansion design. He presented a proposed agreement with Black and Veatch for the Phase I engineering services, noting that we need to do the planning process now to develop conservation and contingency plans and to address architectural and landscaping issues regarding the plant. Councilmembers questioned the selection process, the guidelines for the conservancy and contingency plans, and the location of the expansion. Dietz replied that a committee interviewed all three firms on May 19th, that a workbook is available as a guideline, and that there are several alternatives for the location of the expansion that will be explored. Councilmembers expressed concern about the need to establish water conservancy in the City as soon as possible. Dietz said Staff will present drafts to the Council for review as the planning process evolves, noting that this might be an issue for the Energy & Waste Management Commission to address. MOTION: Pidcock moved, seconded by Harris, to approve engineering services with Black and Veatch for Water Treatment Plant Expansion, Phase I, in an amount not to exceed $240,000. Motion carried unanimously. XII. OTHER BUSINESS XHL ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Tenpas closed the meeting at 7:55 p.m.