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City Council - 01/07/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 7, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross ThorFnnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie,Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL SWEARING IN CEREMONIES FOR SHERRY BUTCHER YOUNGHANS & ROSS THORFINNSON, JR. City Attorney Roger Pauly conducted the swearing in ceremonies for Sherry Butcher-Younghans and Ross Thorfinnson, Jr. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added item M.A.1. Student Representatives on Commissions. Harris added items M.A.2. Set Meetings with Legislative Members and item M.A.3. Eden Prairie 2001. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/PLANNING COMMISSION AND BOARD OF ADJUSTMENTS&APPEALS MEETING HELD MONDAY,DECEMBER 16, 1996 Harris said the following changes should be made to Paragraph 1 of Page 5: Sentence 2 should be "There is very little commercial/industrial land left to be developed in Eden Prairie."; Change in Sentence 3, "...land use in Eden Prairie using graphics..."; Sentence 4 should be "Enger noted that it may be possible to intensify the densities in the City Center." CITY COUNCIL MINUTES January 7, 1997 Page 2 MOTION: Case moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the Joint City Council/ Planning CommissionlBoard of Adjustments&Appeals Meeting held Monday,December 16, 1996. Motion carried with Butcher-Younghans abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 17, 1996 Harris changed Page 10, Paragraph 6, Sentence 1, to "...were an outgrowth of citizens' comments that reflected those of Mr.Haynes." MOTION: Case moved, seconded by Tyra-Lukens, to approve as published and amended the Mnutes of the City Council Meeting held Tuesday,December 17, 1996. Motion carried with Butcher-Younghans abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 97-1 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES C. RESOLUTION 97-2 DESIGNATING THE OFFICIAL CITY NEWSPAPER D. RESOLUTION 97-3 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS E. RESOLUTION 97-4 DESIGNATING DEPOSITORIES F. RESOLUTION 97-5 AUTHORIZING USE OF FACSEgME SIGNATURES BY PUBLIC OFFICIALS G. RESOLUTION 97-6 AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS H. RESOLUTION 97-7 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. RESOLUTION 97-8 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE J. RESOLUTION 97-9 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND'REDEVELOPMENT AUTHORITY K. VIDEO UPDATE by Chesapeake Companies NLP Group, LLC. 2nd Reading of Ordinance 2-97 for Zoning District Amendment in the N Com Zoning District on 1.01 CITY COUNCIL MINUTES January 7, 1997 Page 3 acres, Adoption of Resolution 97-10 for Site Plan Review on 1.01 acres for construction for a 7,200 sq.ft. Video Update and Approval of a Developer's Agreement for Video Update. Location: Northwest corner of Anderson Lakes Parkway and Hwy. 169. (Ordinance 2-97 for Zoning District Amendment and Resolution 97-10 for Site Plan Review) L. RESOLUTION 97-11 RELATING TO SECURING A HAZARDOUS BUILDING AT 6910 BEACH ROAD M. RESOLUTION 97-12 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 1997 N. APPROVAL OF A MINOR SUBDIVISION OF THE DARRII.PETERSON AND KLEIN FAMILY PROPERTY O. APPROVE RECOMMENDATION TO HIRE CONSULTANT FOR COMMUNITY CENTER AQUATIC SERVICES P. EDEN BLUFFS by Baton Corporation. 2nd Reading of Ordinance 1-97 PUD-1-97 for PUD District Review on 1.53 acres and Zoning District Amendment in the RM 6.5 District on 1.53 acres,Adoption ofResolution 97-13 for Site Plan Review on 1.53 acres, and Approval of a Developer's Agreement for Eden Bluffs. Location: Sherman Drive at County Road 1. (Ordinance 1-97-PUD-1-97 for PUD District Review and Zoning District Amendment and Resolution 97-13 for Site Plan Review) Q. RESOLUTION 97-14 AUTHORIZING THE EXECUTION OF AMENDATORY DOCUMENTS RELATING TO THE SALE OF THE PARKWAY APARTMENTS LIMITED PARTNERSHIP PROJECT R. RESOLUTION 97-15 APPROVING FINAL PLAT OF ZACHMAN EDEN HILLS (located south of Prairie Center Drive and West of Franlo Road S. APPOINTMENT OF MAYOR JEAN HARRIS TO THE MUNICIPAL LEGISLATIVE COMMISSION T. APPOINTMENT OF MAYOR JEAN HARRIS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES U. APPOINTMENT OF MAYOR JEAN HARRIS AS DELEGATE AND COUNCH.MEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Tyra-Lukens moved, seconded by Thorfirmson, to approve items A U on the Consent Calendar. Motion carried unanimously. CITY COUNCIL MINUTES January 7, 1997 Page 4 V. PUBLIC HEARINGS/MEETINGS VL PAYMENT OF CLAIMS MOTION: Thorfinnsommoved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorrinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. RECONSIDERATION OF VOTE ON ALBIN CHAPEL Jullie said the Council, at the December 17, 1996 meeting, directed that tonight's agenda include an item for the Council to reconsider its prior action taken on November 19, 1996 regarding the Albin Chapel project. The proposal failed to gain approval on a 3-2 vote of the Council (four positive votes are needed for a zoning district amendment approval). City Attorney Pauly read the appropriate motion which the Council would need to reconsider the vote. He said the proper action at this time would be pass the motion and to send the proposal back to the Planning Commission and staff for a completely new review process. MOTION: Thorfinnson moved, seconded by Case to suspend the rules to reconsider the following actions taken relating to Albin Chapel: (1) To reconsider the following two motions made at the Council meeting on November 18, 1996: The first of which was "to approve 1 st Reading of the Ordinance for a Code Amendment to amend Section 11.2 of the City Code adding funeral homes as a permitted use in the Office Zoning District;to adopt Resolution 96-198 for PUD Amendment Review on 2.56 acres;to approve 1 st Reading of the Ordinance for PUD District Review on 2.56 acres and Zoning District Amendment in the Office Zoning District on 2.56 acres; to adopt Resolutin 96- 199 for Preliminary Plat approval of 5.22 acres into 2 lots; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations." The second of which was "to deny approval of the project on the basis that a funeral home is contrary to permitted uses in the Office District and to deny the Preliminary Plat because it would not be properly zoned for the use."; CITY COUNCIL MINUTES January 7, 1997 Page 5 (2) To direct staff to give notice of the reopening of public hearings of those matters to be reconsidered. Motion carried 4-0-1 with Butcher-Younghans abstaining. VIII. PETITIONS.REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. RESOLUTION 97-16 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PIRUMM COUNCIL IN 1997, AND APPOINTING AN ACTING MAYOR Harris said the Acting Mayor has traditionally been the longest serving member of the Council, and Councilmember Tyra-Lukens has served the longest on the Council. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 97-16 designating the official meeting dates, time and place for the City of Eden Prairie Council in 1997, and appointing Councilmember Nancy Tyra-Lukens as Acting Mayor. Motion carried unanimously. Harris then read her suggestions for appointments to the remainder of the various groups and agencies under X.B. through L. B. RESOLUTION 97-17 DESIGNATING COUNCILMEMBER CASE AS DIRECTOR AND JOHN FRANE AS ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1997 C. APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS AND JACK PROVO AS THE TWO EDEN PRAIRIE REPRESENTATIVES TO THE SOUTHWEST METRO TRANSIT COMMISSION (Provo for a 3-year term and Tyra-Lukens for a 1-year term commencing January 1. 1997) D. APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS AS DELEGATE AND COUNCILMEMBER CASE AS ALTERNATE TO THE SUBURBAN TRANSIT ASSOCIATION TO FILL VACANT TERMS THROUGH DECEMBER 31, 1997 E. APPOINTMENT OF MAYOR HARRIS TO THE SOUTHWEST CABLE TV COMMISSION F. APPOINTMENT OF COUNCILMEMBER BUTCHER YOUNGHANS TO THE EDEN PRAIM FOUNDATION CITY COUNCIL MINUTES January 7, 1997 Page 6 G. APPOINTMENT OF COUNCILMEMBERS HARRIS AND THORFINNSON TO THE TELECOMMUNICATIONS TASK FORCE H. APPOINTMENT OF COUNCILMEMBER THORFINNSON TO THE I-494 CORRIDOR COMMISSION L APPOINTMENT OF COUNCILMEMBER BUTCHER YOUNGHANS TO THE SOUTH HENNEPIN REGIONAL PLANNING AGENCY ADVISORY COUNCIL J. APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS TO THE HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES COUNCIL K. APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS TO THE HENNEPIN COUNTY COMMUNITY HEALTH SERVICES ADVISORY COUNCIL L. APPOINTMENT OF COUNCILMEMBER TYRA-LUKENS TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Thorfinnson moved, seconded by Thorfinnson, to approve the appointments as selected by Mayor Harris under agenda items X.B. through X.L. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Student Representatives on Commissions Tyra-Lukens would like to see the number of student representatives increased in order to send a message to the community that we value the input of students. Harris suggested that we limit it to no more than two per commission. The consensus was to encourage student representatives on commissions and to allow up to two for each commission on which we currently allow student representation. 2. Set Meetings with Legislative Representatives Harris thought it would be useful to review current issues and their impact on Eden Prairie with our Legislative representatives. She asked Staff to find available times when we could get together with our representatives. CITY COUNCIL MINUTES " January 7, 1997 Page 7 3. Eden Prairie 2001 Harris noted that she was struck by how fortunate we are to live in Eden Prairie, and the fact that good fortune happened as a cooperative effort between the Council and City Staff. As we approach 50,000 population,we need to address other issues affecting the quality of our lives. Strategic planning needs to be done about the things we hold dear, such as health and human services and other issues. Harris believes we need to ensure that we actualize the vision in our strategic plan as the City's physical growth continues to slow. The Council is marking the transition to a new century and a new millennium. She is excited about the challenges it offers, but it will require new ways of thinking, new approaches to implementation and new partnerships. She would like to explore this further and asked City staff to schedule a workshop to begin to think about how we can do this. She expects we will need a broad base of members of the community to help visualize the plan. B. REPORT OF CITY MANAGER 1. Set the 4th Tuesday of Every Month as a City Council/Staff Worksho Jullie suggested the Council set the fourth Tuesday of each month as a time for City Council/Staff workshops or other special purpose meetings. He said the workshop on Tuesday,January 28,will be a joint meeting with the School District. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to set the fourth Tuesday of each month from 7:00 to 9:00 PM as Council/Staff Workshops or other special purpose meetings as appropriate. Motion carried unanimously. 2. City Manager Performance Review Jullie noted the outline of the proposed schedule for the review process. Harris noted Councilmembers Thorfinnson and Case will be doing the review. The consensus was that the proposed schedule was okay. C. REPORT OF DIRECTOR OF PARKS.RECREATION&FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS CITY COUNCM MINUTES January 7, 1997 Page 8 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIM ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 7:55 p.m.