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City Council - 03/04/1997 AMOVED MINUTES F,DEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 4, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfmnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation &Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Thorfumson arrived late. PROCLAMATION PROCLAIMING GIRL SCOUT WEEK, MARCH 9-16, 1997 Mayor Harris read a proclamation proclaiming March 9-16, 1997, as Girl Scout Week in the City of Eden Prairie. Several Girl Scouts and their leaders were present for the proclamation. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Comment about Family Fun Fest. Jullie added item IV. M. RESOLUTION CONCURRING IN THE TU IISDICTIONAL TRANSFERS OF CSAH 18 AND TH 101 BETWEEN HENNEPIN COUNTY AND THE MINNESOTA DEPARTMENT OF TRANSPOMIATION and provided copies of an amended resolution for item W.H. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL WORKSHOP MEETING HELD TUESDAY, FEBRUARY 4, 1997 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council Workshop meeting held Tuesday, February 4, 1997. Motion carried unanimously. CITY COUNCIL MINUTES March 4, 1997 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 1997 Case said spellings in paragraph 1, page 4, should be changed to "Rosow" and paragraph 10, page 4, should be changed to "Hagman." Tyra-Lukens said paragraph 4, page 16, should be changed as follows: "Tyra- Lukens said that concerns regarding financial accountability led to a meeting today between City representatives and Southwest Metro staff. They developed a planned reporting structure to ensure that City Council and staff are well informed about Southwest Metro activities." MOTION: Tyra-Lukens moved, seconded by Case, to approve as published and amended the minutes of the City Council meeting held Tuesday, February 18, 1997. Motion carried unanimously. C. CITY COUNCIL WORKSHOP MEETING HELD TUE DAY, FEBRUARY 18, 1997 - MOTION: Butcher-Younghans moved, seconded by Case, to approve as published the minutes of the City Council Workshop held Tuesday, February 18, 1997. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. DON PABLO RESTAURANT by DF &R Restaurants, Inc. 2nd Reading of Ordinance 6-97-PUD-3-97 for PUD District Review on 2.12 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 2.12 acres, Adoption of Resolution 97-29 for Site Plan Review on 2.12 acres and Approval of a Developer's Agreement for DF &R Restaurants, Inc. Location: North of 494, west of Prairie Center Drive, south of Viking Drive. (Ordinance 6-97-PUD-3- 97 for Zoning District Review and Zoning District Amendment and Resolution 97-29 for Site Plan Review) C. EDEN PRAIRIE MAINTENANCE FACILITY by the City of Eden Prairie. 2nd Reading of Ordinance 7-97-PUD-4-97 for PUD District Review and Zoning District Change from I-5 to I-2 on 7.6 acres and Adoption of Resolution 97-30 for Site Plan Review on 7.6 acres. Location: 15150 Technology Drive. (Ordinance 7-97-PUD-4-97 for PUD District Review and Zoning District Change and Resolution 97-30 for Site Plan Review) D. CODE CHANGE (LOT WIDTH) 2nd Reading of Ordinance 8-97 amending the Residential Districts. (Ordinance 8-97) CITY COUNCIL MINUTES March 4, 1997 Page 3 E. 2ND READING OF ORDINANCE 5-97 AMENDING ORDINANCE F. RESOLUTION 97-31 APPROVING FINAL PLAT OF BOUIDER POINTF 6TH ADDITION (located South of Boulder Pointe Road and North of Mitchell Road) G. RESOLUTION 97-32 AWARDING CONTRACT FOR I.C. 97-5431 1997 STREET SWEEPING H. RESOLUTION 97-33 APPROVING CONSENT AGREEMENT AND FINAL ORDER WrIH THE UNITED STATES NVTRO MENTAL PROTECTION AGENCY FOR RESTORATION OR MITIGATION OF THE PARTICIPATION DEVELOPMENT CORPORATION PROPERTY I. APPROVE ADVER SEMENT FOR BIDS ON MIGHTY DUCKS GRANT PROTECT J. APPROVE OPENING OF BEACHES ON THE FIRST DAY OF SUMSIER VACATION K. APPROVE CONTRACTS FOR VENDING SERVICES AT THE EDEN PRAIRIE COMMUNITY CENTER L. APPROVE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS/KLEIN PETERSON PURCHASE M. RESOLUTION 97-34 CONCURRING IN THE TU_R_ISDICTIONAL TRANSFERS OF CSAH 18 AND TH 101 BETWEEN HENNEPIN COUNTY AND THE MI NESOTA DEPARTMENT OF TRANSPORTATION Regarding item J, Case asked if we could consider using the money saved by delaying the beach openings on another project such as the Fourth of July celebration. Butcher-Younghans asked if we would put up signs at the beaches regarding swimmers going at their own risk and how we will handle the potential liability. Lambert said the beaches are closed by ordinance and no one is allowed to swim. The Park Rangers will monitor the beaches. Case asked if we know whether the County Park is open on Memorial Day. Lambert said they have not been in the past, and they are also cutting back on the number of days that beaches are guarded. CITY COUNCIL MINUTES March 4, 1997 Page 4 Harris asked if there is a liability when the beaches are used when not officially opened. Rosow said he did not believe there is a liability based on the statutory protection of operation of municipal parks. MOTION: Case moved, seconded by Butcher-Younghans, to approve items A- M of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. 1997 COMM`UNrrY DEVELOPMENT BLOCK GRANT FiTNDLNG PROPOSALS (CDBG). (Resolution 97-35) Jullie said the official notice of this Public Hearing was published on February 20, 1997 in the Eden Prairie News. The City's 1997 Community Development Block Grant entitlement is $189,472 and will be available beginning in July. Each year the City Council must conduct a Public Hearing and determine an allocation of the CDBG funds. As has been customary, the Housing, Transportation and Social Services Board (HTSSB) reviewed and recommended the CDBG funding allocation at its February 6 meeting. Jullie said the recommendations from HTSSB and supporting background information are included with the Staff agenda report of March 4, 1997. The recommendations are for 20% of the funding allocations ($37,467) to go to human service activities and the remaining amount of$151,905 be allocated to housing related activities. This is in accordance with guideline priorities recommended by Hennepin County. Grace Norris, representing the Greater Minneapolis Day Care Association, said they are currently serving four Eden Prairie families. She thanked the Council for the funding provided. Harris noted child care is one of the most important services that can be provided to people. Jennifer Ruhland, representing the Community Action for Suburban Hennepin Homeline, reviewed the services they provide and thanked the Council for the funding. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing and to adopt Resolution 97-35 approving the 1997 CDBG Funding Allocations as reviewed and recommended by the Housing, Transportation and Social Services Board per the Staff agenda report of March 4, 1997. Motion carried unanimously. CITY COUNCIL MINUTES March 4, 1997 Page 5 B. LOCAL LAW ENFORCEMENT BLOCK GEANT Jullie said the official notice of this Public Hearing was published on February 27, 1997 in the Eden Prairie News. The Eden Prairie Police Department applied for and was awarded a Federal Local Law Enforcement Block Grant in the amount of$10, 332 which has already been received. The City's obligation is a match of$1,148. This grant will be used to replace outdated and worn radio equipment, all in accordance with our long term planning. A requirement prior to spending any of these fiends is to conduct a Public Hearing regarding the proposed use of this block grant. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing; and to direct Staff to proceed with utilization of the Federal Law Enforcement Block Grant as per the Staff agenda report of March 4, 1997. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VIII. p QNS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOEVIMENTS A. HUMAN RIGHTS &DIVERSITY COMMISSION- One appointment to Human Rights &Diversity Commission for a three-year term Jullie said an opening exists on this Commission due to the recent resignation of Vladimir Kozyrev. Butcher-Younghans nominated Vicki Pellar-Price. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the nominations and to cast a unanimous ballot for Vicki Pellar-Price for a three- year term on the Human Rights &Diversity Commission. Motion carried unanimously. CITY COUNCIL MINUTES March 4, 1997 Page 6 XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report of-Councilmember Tyra-Lukens, Council Liaison to Southwest Metro Transit Tyra-Lukens reported they have solicited applications for Executive Director and will be interviewing within the next two weeks. At the last meeting they discussed developing policies and procedures for building reserves and investments because Southwest Metro now has an increased financial responsibility as a result of the local levy option. She said they are exploring the possibility of a circulator bus route throughout the three cities. Dial-A-Ride would then be used to connect people to the circulator routes. This would make the operations more efficient; however, it will result in Chaska and Chanhassen having a fully unfeathered status. Harris asked if we have scheduled a Council briefing on the transit hub. Tyra-Lukens thought it might be more expedient to do that when we meet with the new Executive Director, possibly in conjunction with Chaska and Chanhassen. 2. Comments on Family Fun Fest Case complimented staff on their participation in the Family Fun Fest held at Oak Point Intermediate School last weekend. He said the event was very well attended and very successful. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION &NATURAL RESOURCES 1. 4th of July Fireworks (Continued from February 18 Council meeting) Referring to the staff agenda report of March 4, 1997, Lambert said staff has developed three options for possible changes in our traditional July 4 Community Celebration, including fireworks. At this time it appears very possible to stage the evening events, including fireworks, at the Eden Prairie Center. In terms of parking and road access, this is a most superior site. If successful this year, the event could be planned to continue there in future years as an appropriate focus on our downtown area, including the renovated Eden Prairie Center after 1998. He noted they have not yet received permission from Eden Prairie Center to hold the event there. CITY COUNCIL MINUTES March 4, 1997 Page 7 Case said he had discussed this with Councilmember Butcher-Younghans and they believe this provides future opportunities down the line that we need to begin thinking about now. He would like staff to start looking at next year and the years to come for options to using Round Lake only as we have in the past. We need to look at some possibilities that would accommodate up to 20,000 people in the future. Butcher-Younghans had received several calls from residents wanting to have the fireworks. She thought we need to look at this as a transition year and as an opportunity to look at other possibilities. Tyra-Lukens asked whether we could reserve July 6 as a backup date in case of bad weather on July 4. Tria Mann said they have asked for either date, but they could explore the possibility of reserving both dates. Case said that while cost is not everything, it is problematic. He asked staff to explore moving some of the day-time activities that were held at Round Lake in the past to other parks in the City, and to provide activities that will be low or no cost. Lambert thought they could explore the opportunity to try out different things. Butcher-Younghans thought it is essential to get the word out to people if we are able to have the fireworks. She suggested using the newspaper and to having flyers sent out with school children. Case said that while campaigning at the 1994 Fourth of July event he noticed about one out of five participants was not from Eden Prairie. The consensus was to proceed with Option 2 in the staff memorandum to have fireworks at the Eden Prairie Center on July 4, 1997, provided the permission of Eden Prairie Center is obtained. 2. Proposed Donations from Eden Prairie Soccer Association and Eden Prairie Baseball Association for Improvements to Flying Cloud Fields Lambert said we have received donation proposals from the Eden Prairie Soccer and Baseball Associations for improvements to the Flying Cloud ballfields, as outlined in the staff report of March 4, 1997. The Soccer Association also made a request for the City to consider expansion of the property leased from Metropolitan Airports Commission (MAC) for the purpose of doubling the number of soccer fields at that site. The total dollar amount of donations proposed towards the irrigation, fencing, warning track and sod equals $37,400. The total project cost will be $57,400, leaving a balance of$20,000 to be covered by cash park fees. CITY COUNCIL MINUTES March 4, 1997 Page 8 Lambert said the Parks, Recreation &Natural Resources Commission reviewed the proposal last evening and recommended approval of the $20,000 expenditure for the improvements from Cash Park fees. Tyra-Lukens asked where these improvements stand on the Capital Improvement Plan (CIP). Lambert said we have talked about doing these things but they are not presently part of the CIP. He said MAC had several expansion plans, one of which included taking all of the fields away from us. The plan that was approved by MAC has no intention of putting hangars in that area, so staff now feels comfortable in making recommendations for the improvements. He noted staff will be coming to the Council in two weeks with the results of the traffic study for road and parking improvements in that area. MOTION: Case moved, seconded by Butcher-Younghans, to accept the proposed donations from the Soccer Association and the Baseball Association as per the Staff agenda report of March 4, 1997, and to authorize Staff to obtain bids for the proposed improvements; and to authorize Staff to request the Metropolitan Airport Commission to consider expansion of the lease for Flying Cloud ballfields westerly to Spring Road. Motion carried unanimously. Tyra-Lukens suggested we extend a note of thanks to the Soccer and Baseball Associations for their donations. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS A. CITY MANAGER EVALUATION (closed session) MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to move to a closed session for the purpose of completing the evaluation process. Motion carried unanimously. Councilmember Thorfinnson arrived at 8:40 p.m. XM. ADTOURNMENT The Council met in closed session from 8:15 to 8:45 p.m., after which the meeting was adjourned.