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City Council - 10/07/1997 APPROVED MINUTES EDEN PRAIM CITY COUNCIL TUESDAY, OCTOBER 7, 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 Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Harris added item XI.A.1. Potential Ordinance for Siting Pawn Shops and Adult Entertainment Establishments. Case added items XI.A.2 and XI.A.3. Thorfmnson added item XI.A.4. Jullie added item XI.B.1. Award from Government Finance Officers Association. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM Kate Owings, 14707 Langdon Place, said she was concerned about the dangerous traffic conditions near Oak Point School. The area is not designated as a school zone, and pedestrians have a difficult time crossing to the school from the apartments across the street. She asked if Anderson Lakes Parkway and Staring Lake Parkway could be designated as school zones with a crosswalk with a flashing light to warn motorists on Anderson Lakes Parkway . Harris asked staff to address the issues brought up by Mrs. Owings. Jim Biederbeck, developer of Edenvale Family Housing, said because of the soil conditions, they were unable to keep the trees at their site on Valley View and Mitchell as they had planned. He said they will try to keep more of the trees that weren't in the designated tree area. Case said he appreciated Biederbeck's coming to the meeting CITY COUNCIL AGENDA October 7, 1997 Page 2 tonight; however, he is frustrated that this appeared to be a case where we could save some buffering tree mass. He said the Council assumes conditions will be met and the follow-through is not always there. He learned about the trees being cut when his students came to him expressing concern about it. He asked if we could work on a process to catch this before it happens since the grading contractor may be part of the issue. Biederbeck said he would work with staff on the issue. Tyra-Lukens noted that the Council discussed preferring the natural look for the treed area. Biederbeck said he will put in big and small trees. He noted one of the challenges presented has been the access to the site. Kathy Roena and Jody Gallus presented an update on the HOPE program. Kathy presented her experience as a mentor family, and Jody described her experience as a participant. Harris expressed appreciation for their coming forth, noting that life in the city has been enriched by the HOPE program. M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16. 1997 MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve the Minutes of the City Council meeting held Tuesday, September 16, 1997. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE 48-97 AMENDING CHAPTER 5 RELATING TO BUSINESS LICENSING. SECTIONS 5.30, 5.33, 5.34, 5.41, 5.42, AND 5.43 AND REPEALING SECTION 5.33, SUBD. 3.A. C. SOUTHWEST CROSSING 10400 BUILDING by Liberty Property Development Corporation. 2nd Reading of Ordinance 46-97-PUD-28-97 for PUD District Review on 13.28 acres and Zoning District Change from Rural to Office on 13.28 acres, Adopt Resolution 97-184 for Site Plan Review on 13.28 acres and Approval of a Developer's Agreement for Southwest Crossing 10400 Building by Liberty Property Development Corporation. Location: Viking Drive. (Ordinance 46-97-PUD-28-97 for PUD District Review and Zoning District Change and Resolution 97-184 for Site Plan Review) D. LAND ROVER by LeJeune Investment. 2nd Reading of Ordinance 49-97 for Zoning District Change from Rural to Commercial Regional Service on 3.51 acres, Adopt Resolution 97-185 for Preliminary Plat on 3.51 acres into one lot, Adopt Resolution 97-186 for Site Plan Review on 3.51 acres and Approval of a CITY COUNCIL AGENDA October 7, 1997 Page 3 Developer's Agreement for Land Rover by LeJeune Investment. Location: South of Valley View Road. (Ordinance 49-97 for Zoning District Change, Resolution 97-185 for Preliminary Plat and Resolution 97-186 for Site Plan Review) E. THE PINES -JULY 1997 by Lunski Construction and Design. 2nd Reading of Ordinance 47-97-PUD-29-97 for PUD District Review on 5.81 acres and Zoning District Change from Rural to R1-13.5 on 5.81 acres and Approval of a Developer's Agreement for The Pines - July 1997 by Lunski Construction and Design. Location: County Road 18 Frontage Road and Bluff Road. (Ordinance 47-97-PUD-29-97 for PUD District Review and Zoning District Change) F. APPROVE LETTER OF SUPPORT FOR "BUILDING ASSETS TOGETHER" G. APPROVAL OF CHANGE ORDER NO. 2 -MIGHTY DUCKS PROJECT H. APPROVAL OF IRRIGATION BIDS FOR FLYING CLOUD BALLFIELDS I. RESCHEDULE CITY COUNCIL MEETING FOR NOVEMBER 4. 1997 FROM 7:30 PM TO 8:00 PM J. APPROVAL OF MITIGATION PLAN FOR TREE CUTTING AT 17562 BELFAST COVE- HERTIG RESIDENCE K. AWARD CONTRACT FOR BIRCH ISLAND WATERMAIN IMPROVEMENTS, I.C. 97-5440 (Resolution 97-187) L. RESOLUTION 97-188 APPROVING FINAL PLAT FOR GOLDEN STRIP EAST 2ND ADDITION M. RESOLUTION 97-189 APPROVING FINAL PLAT FOR THE BIG WOODS 2ND ADDITION N. APPROVAL OF FINAL LAYOUT PLAN FOR TH212/PRAIRIE CENTER DRIVE INTERCHANGE, I.C. 93-5301 (Resolution 97-190) O. APPROVAL OF QUIT CLAIM DEEDS TO HENNEPIN COUNTY FOR EASEMENTS ASSOCIATED WITH THE CSAH 4 CONSTRUCTION PROJECT, I.C. 92-153 P. AUTHORIZE INFORMAL AGREEMENT WITH SUMMIT ENVIRO SOLUTIONS. INC. FOR THE 1997 BOG MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB CITY COUNCIL AGENDA October 7, 1997 Page 4 Q. APPROVAL OF DEN ROAD LIQUOR STORE CHANGE ORDER NO. 6 R. APPROVAL OF DEN ROAD LIQUOR STORE CHANGE ORDER NO. 7 S. ADOPTION OF VISION AND VALUE STATEMENT T. SET A CITY COUNCIL WORKSHOP ON VISION 2001 FOR TUESDAY OCTOBER 28, 1997, 7:00 - 9:00 PM AT THE CITY CENTER U. SET A COMMUNITY FORUM FOR SATURDAY, NOVEMBER 15, 1997,, 9:00 AM TO 12:00 NOON AT THE CITY CENTER V. SET A JOINT CITY COUNCIL/PARKS, RECREATION & NATURAL RESOURCES COMMISSION WORKSHOP ON USER FEES FOR TUESDAY, NOVEMBER 18, 1997, 6:30 PM TO 7:15 PM AT THE CITY CENTER W. SET A CITY/CHAMBER BREAKFAST FORUM FOR THURSDAY. NOVEMBER 20, 1997, 7:30 AM - 9:00 AM AT OLYMPIC HILLS GOLF CLUB Regarding item H, Tyra-Lukens asked what the status of the fences is. Lambert said they sent out an RFQ to five companies but received no responses. He said they will try again, but it may have to be done in the spring at this point. Regarding item N, Tyra-Lukens asked if Southwest Metro has seen any changes made in the revised TH212 that might affect the transit hub. City Engineer Gray said he believes they have seen the plans, and MNDoT and Southwest Metro have worked very closely together. MOTION: Tyra-Lukens moved, seconded by Case, to approve items A-W on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. BEST BUY CAMPUS CONCEPT PLAN- 1997 by Best Buy. Request for Planned Unit Development Concept Amendment on 47.45 acres. Location: 7075 Flying Cloud Drive. (Resolution 97-191 for PUD Concept Amendment) Jullie said the official notice of this Public Hearing was published on September 25, 1997 in the Eden Prairie News and mailed to 19 property owners within the affected area. The original proposal was for development of a future 100,000 square foot office building, 990 parking spaces, and 4.93 acres of wetland alteration. The plan before the Council shows a future building of 70,000 CITY COUNCIL AGENDA October 7, 1997 Page 5 square feet, and a total of 1.39 acres of wetland alteration. The tennis court and ball field have been retained. Dave Clark, architect, reviewed the final Phase 3 project. They have decreased the wetland fill to 1.39 acres and have worked on transportation issues. He said on-site mitigation was not feasible, so it will be done offsite. Enger said the Planning Commission first reviewed the project on August-I1 and again on September 18. The commission approved the project on a 6-0 vote at its September 22, 1997 meeting, subject to the recommendations of the Staff Report of September 19, 1997. He noted that a Development Agreement will not be necessary on this project. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the proposal on October 6, 1997, and recommended approval on a 6-0-1 vote, (Stohler abstaining), subject to the recommendations of the Staff Reports of September 19 and October 2. Case asked how much wetland is permitted to be filled under statutory power. Gray said a small amount is allowed, depending on the conditions. He thought Councilmember Case might be thinking of floodplain issues because the wetland law does not address wetland fill without mitigation. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried 5-0. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt Resolution 97-191 for PUD Concept Amendment on 47.45 acres. Motion carried 5-0. Case said he did have problems with the concept and asked if it will come back for another vote. Jullie said this is a very preliminary concept, and it will have to return for zoning approval; however, they will be going away with the idea that this amount of wetland encroachment is acceptable. Pauly said the concept process is usually a way to get a feel for the response of the Council and if there are some qualifications from the Council, it should be stated. Tyra-Lukens was uncomfortable with the wetland issue. She thought the mitigation area is a long way outside of our community. When we look at the kinds of requests for variances that have been denied, the test is the issue of hardship. She was not convinced there is a hardship in this case. She was not satisfied there aren't other areas on the site where parking could be done. She liked the idea of parking ramps. She was also concerned they could go ahead and fill and do the grading before the building is proposed. CITY COUNCIL AGENDA October 7, 1997 Page 6 Case said he voted in error on the motion. He has been struggling with what the compelling gain is for the City. He could see the gain to the City in keeping our corporate constituents; however, we are trading an acre of wetland for a parking lot and there are other alternatives. He couldn't support this in the future.. Butcher-Younghans thought there are situations that come up that need more of an in-depth analysis and need to be looked at on a one-by-one basis. She thought we need to look at wetland mitigation in a regional way in this case. She believes the corporate culture is extremely important, and she understood the need for the tennis courts and ballfield. She appreciated the wetland education concept and liked the fact they are inviting special groups and residents of the City to come and view the wetlands. She was concerned about the potential traffic congestion and appreciated their proposal to identify someone within the corporation to study the issue of carpooling and transit; however, she would welcome a more ambitious approach to encourage car- pooling. Harris said there is a trade-off here with the ballfields and the tennis courts, and she thought the quality of the wetlands to be filled is important. This is not a high quality wetland, and she would prefer the mitigation site to be at a thriving wetland. She asked Enger to describe wetlands on the site. Enger said part of this area had been used as an auto salvage yard. They look at the size as compared to the original size in order to determine the significance of the wetland. Thorfinnson said, with regard to the traffic issue, we don't have the infrastructure to provide incentives. He asked if there is some way to revisit the last vote. Case saw enough in the Staff Report to show that the 1.39 acres can be dropped significantly, and he could not vote to keep a ballfield at the expense of a wetland. He believes there is a solution to this, and he does believe that to be a viable wetland it does not necessarily have to have water. Clark said he understood the concerns about the wetland and described the drainage of the wetlands on the site. He said the cost to construct parking ramps was prohibitive. He said they plan to work with a landscape architect to put back the natural environment. Debby Brodsho, landscape architect, said they deal with issues of reforestation and mitigation. They wanted to expand the trail system and give back to the community through an education program. She said the Type 2 wetland on the site is dying, and they have looked at reintroducing prairie meadow plantings. Lambert said the Parks Commission discussed the wetland issue at length, and they had the same concerns as some of the Councilmembers. He said they CITY COUNCIL AGENDA October 7, 1997 Page 7 considered the total site and whether it would be better than what it currently is. He noted the mitigation will be at a rate of 4-1. Butcher-Younghans thought this might be a case where we need to take a regional view. Thorfinnson asked if the NURP pond will take .4 acres. Clark said it would. Thorfinnson then said we are looking at about one acre for the remainder of the wetland-fill area. Clark said the roadway is 25-30% of the fill area and the parking is about 60%. Tyra-Lukens noted she was feeling more comfortable about the proposal at this point; however, she has a residual discomfort that they are filling it without building on it now. Clark said they wanted approval on the entire site to make sure it is usable for their future needs. Tyra-Lukens said she understood the concept approval, but she asked if it was necessary to go ahead and do the grading and filling until there is an actual need for it. Clark said they have a need for the parking now. Tyra-Lukens would like to explore the issue of temporary parking. Case still had a problem that they are filling wetlands for parking. Harris thought the Council is comfortable with the concept as proposed, but she thought Councilmember Tyra-Lukens would like the company to look at alternatives to disturbing the area at this time. She thought the company has shown a great deal of good will towards the City Commissions and the Council. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to grant an early grading permit at proponent's own risk. Motion carried 4-1 with Case opposed. B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning from Rural to R1-13.5 on 9.8 acres and Preliminary Plat of 9.8 acres into 15 lots. Location: Sunnybrook Road. (Ordinance for Rezoning and Resolution 97-192 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 25, 1997 in the Eden Prairie News and mailed to 48 property owners within the affected area. The site is guided for low density residential use. The proposal is for 15 single-family lots at a gross density of 1.53 units per acre. This is consistent with the other projects approved along Sunnybrook Road. Bill Griffith, representing Hartford Capital, said they will provide a conservation easement along the creek, and they will dedicate Outlot A to the City. There are no variances required for the proposal. He read a letter from Libby Hargrove expressing support for the project. CITY COUNCIL AGENDA October 7, 1997 Page 8 Enger said the Planning Commission voted 6-0 to approve this project at its September 22, 1997 meeting, subject to the recommendations of the Staff Report of September 5, 1997. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project last evening, October 6, 1997, and recommended approval on a 7-0 vote. He said they were not comfortable with the location of the conservation easement because it was too close to the back yards of the homes. They asked that the developer be allowed to work with staff to adjust the easement as far away from the homes as possible. Carrie Claus, 12491 Sunnybrook Road, was concerned about the configuration of the lots and how the development will impact their property. She had concerns about the drainage from the long driveway on Lot 2, backup of water onto their property during the spring thaw, and possible adverse effects on their septic system and well. She was concerned about preservation of wildlife and the trees in the area and thought moving Lot 5 and eliminating Lot 3 would help preserve some of the wildlife. She asked if a 3-10 foot buffer of the trees could be planted. Harris said she had passed the letter from the Claus's to staff to review the technical issues. Gray said they reviewed the Claus's letter and looked at the grading plan. Staff does not think the well will be affected adversely by the development. Septic systems at 30 years of age are on borrowed time; however, this property should not be affected by the drainage from the development. MOTION: Thorfinnson moved, seconded by Butcher-Younghans to close the Public Hearing; to approve 1st Reading of the Ordinance for Rezoning from Rural to R1-13.5 on 9.8 acres; to adopt Resolution 97-192 for Preliminary Plat Approval on 9.8 acres into 15 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, including the recommendation from the Parks Commission regarding moving the conservation easement line. Motion carried 5-0. Case asked how the Claus's could get help if there are problems with the culvert not handling the drainage as expected. Gray said we could discuss it with staff and the developer. Case said he would like to see if a tree mass buffering could be left on Lot 2, as he thought the people who bought that lot would also like that. He would like to see carsonite markers for the conservation easement. Tyra-Lukens liked the idea of moving the conservation easement line back from the backyards and who proposed the original line and why. Griffith said the developer and the engineers proposed a conservation line in back of the homes; however, he was comfortable with moving it back. CITY COUNCIL AGENDA October 7, 1997 Page 9 Thorfmnson was concerned that this was delayed through the process and asked if they would like an early grading permit to move ahead more quickly on the project. Griffith said they would. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to grant an early grading permit at proponent's own risk. Motion carried 5-0. C. ORDINANCE AMENDING CHAPTER 4. SECTIONS 4.22, 4.33, AND 4.41, BEER, WINE AND LIQUOR LICENSING AND REGULATION Jullie said the official notice of this Public Hearing was published September 25, 1997 in the Eden Prairie News. These changes will bring the City Code into conformance with MN State Statutes and have been reviewed by our City Attorney. There were no comments from the audience. MOTION: Case moved, seconded by Thorfimson, to close the Public Hearing; and to approve 1st Reading of the Ordinance Amending Chapter 4, Sections 4.22, 4.33, and 4.41, Beer, Wine and Liquor Licensing and Regulation. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, 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." VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION 97-193 TO AUTHORIZE APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT (Resolution 97-193) Jullie said the Metropolitan Council is offering Eden Prairie a grant in the amount of$7,410.00 to complete the Comprehensive Plan Update. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adopt Resolution 97-193 authorizing application for a Metropolitan Council Planning Assistance Grant. Motion carried 5-0. B. 1ST READING OF AN ORDINANCE AMENDING CHAPTER 5, SECTION 5.35, TOBACCO Jullie said the amendments in the proposed Ordinance to Chapter 5, Section 5.35 are a result of amendments and additions made to Minnesota Statutes CITY COUNCIL AGENDA October 7, 1997 Page 10 during the 1997 legislative session, and have been reviewed by our City Attorney. Case recalled a statute several years ago that would pre-empt local ordinances, but this one seems to strengthen the local one. He asked if all cities will have to come into line. Pauly said state law does not pre-empt municipal legislation but neither does it mandate ordinances parallel to the state law. Under state law every licensee must be checked on an annual basis to determine they are not selling to minors. Harris asked how often we do compliance checks. Jullie said they are done once a year. MOTION: Tyra-Lukens moved, seconded by Case, to approve 1st Reading of the Ordinance Amending City Code Chapter 5, Section 5.35 relating to sales of Tobacco-Related Products. Motion carried 5-0. VIII. PETITIONS; REQUESTS AND COMMUNICATIONS A. SET DATE FOR RECONSIDERATION OF BOARD OF ADJUSTMENTS AND APPEALS DENIAL DECISION OF VARIANCE NO. 97-10 (MOORS LEASING INC.) Jullie said the proponent (Moore Leasing Inc.) has requested Council reconsideration of their variance request to display/lease vehicles outside in an Office District parking lot. The Board of Adjustments and Appeals denied this request for variance at its September 11, 1997 meeting on a 5-0 vote. The City Code does require that the Council upon receiving an appeal must set a hearing date and review the Board's decision. MOTION: Thorfinnson moved, seconded by Case, to set a Council hearing date of November 4, 1997 to hear the appeal of Moore Leasing Inc. regarding the Board of Adjustments &Appeals denial decision of Variance No. 97-10. Motion carried 5-0. B. PLAN APPROVAL FOR CSAH 4 CONSTRUCTION PLANS, I.C. 52-153 (Resolution 97-194) Jullie said in March 1994, the City Council approved the layout for the CSAH 4 project. The final construction plans are consistent with the approved layout plan. An informational meeting with area residents to discuss/review the "draft" final construction plans was held in November of 1996. A memo was sent to residents along CSAH 4 (Eden Prairie Road) on September 26, 1997, in response to questions and concerns from the informational meeting. An additional open house was held on Monday evening, October 6, in the City Center Heritage Room to review the final construction plans for this project. CITY COUNCIL AGENDA October 7, 1997 Page 11 Gray reviewed some of the changes in the final plan and noted that the interchange with Hwy 212 does not exist. He said this does not include a landscape plan because that will be presented as a separate entity. The landscaping can't be completed for two years, so it would be premature to have the landscape plan as part of these plans. He said they will use the tree replacement and original landscaping as a guideline. The County has been doing a lot of right-of-way acquisition and have considered the loss of landscaping materials in those negotiations. He noted they still have some issues with property owners on the right-of-way. Gray believes the plan is consistent with the transportation plan we have adopted. They have added a trail on both sides of County Road 4, which reduces the need for pedestrian traffic to cross the road. There will have to be a certain amount of fencing along the corridor for safety purposes which the county would install but the city would maintain. Gray said there is an issue about drainage with some properties around the cemetery. This roadway plan won't aggravate the drainage problem because the roadway surface won't drain into the area. He believes we do need to go back and recheck the drainage in the Fairfields area. Tyra-Lukens asked if the residents have been compensated for some of the loss of landscaping materials rather than replacing the materials. Gray said the county has included that in some of the negotiations. Tyra-Lukens then asked if that meant there will not necessarily be any additional landscaping provided. Gray said we will see that when they come back with the separate landscaping plan. Tyra-Lukens asked if berming and fencing are part of the plan. Gray said the safety fences are part of the plan and some retaining walls are included; however only tree plantings will be included in the landscaping plan. Tyra-Lukens asked if there could be changes made to the retaining wall materials. Gray said a change that would affect the aesthetics would come back to the Council. Tyra-Lukens asked if the trails are considered part of the layout plans. Gray said they are. Butcher-Younghans noted there is an oral history of a burial site near the cemetery area and asked that they call the state archaeologist before excavating in that area. Pete Bellus, 15790 Summit Drive, had concerns about the problems with traffic on Hwy 4 at the intersection with Hwy 5. This will be a continuing problem and needs to be addressed. He was also concerned about the maps showing the CITY COUNCIL AGENDA October 7, 1997 Page 12 remnants of Hwy 212 construction with a rerouting of Scenic Heights Road since he understood that would not happen. He was also concerned about the wetland area around Red Rock Lake and what effect this will have on the lake. Steve Dropkin, 16343 Manor Road So., had concerns about having four traffic- controlled intersections. He urged the City and the County to consider the effect of traffic controls on that stretch of road. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt Resolution 97-194 approving construction plans for CSAH 4 improvements between CSAH 1 and Terrey Pine Drive, I.C. 52-153. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION- Councilmember Nancy Tyra-Lukens Tyra-Lukens said Southwest Metro has initiated an airport route. She said they will be initiating a strategic planning process for Southwest Metro. Harris noted it is gratifying to watch the growth of service of Southwest Metro over the years. X. APPOINTMENTS A. ARTS COMMISSION- Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 B. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION- Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 C. HERITAGE PRESERVATIONS COMMISSION- Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 D. HUMAN RIGHTS & DIVERSITY COMMISSION-Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 E. PARKS, RECREATION & NATURAL RESOURCES COMMISSION- Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 F. PLANNING COMMISSION- Appointment of two youth/student representatives for terms to expire the last meeting in May 1998 CITY COUNCIL AGENDA October 7, 1997 Page 13 Jullie noted Staff has prepared a proposed candidate slate for Student/Youth Representatives to Commissions. This is the first year we have had so many applicants; however, there is a limit of 2 appointments to each commission. Staff reviewed each application, and the appointment recommendations are based upon completeness of information given, and preference for seniors over juniors. MOTION: Thorfinnson moved, seconded by Case, to put forth the slate of candidates for Student/Youth Representatives to Commissions, per Staff recommendations, and to cast a unanimous ballot for those candidates to serve terms to expire the last meeting in May 1998, as follows: Arts Commission- Collin Boggs &Heather Thompson; Environmental &Waste Management Commission- Stephen Nelson and Megan Walker; Heritage Preservation Commission-Jenny Freemyer and Kristin Kelly; Human Rights &Diversity Commission-Andrea Brown and Sopanha Te; Parks, Recreation&Natural Resources Commission- Stacy Enger and Elizabeth Cook; and Planning Commission- Adam Hupp and Kyle Halvorson. Motion carried 5-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Potential Ordinance for Siting of Pawn Shops and Adult Entertainment Establishments Harris thought we should be proactive in defining conditions for the siting of such businesses. The consensus was to have staff look into the issues involved. 2. Riley-Jacques Homestead Case has received a call from Mrs. Jacques expressing concern about the timetable for renovation of the outbuildings on the property. Lambert said we have done a few things on the property such as painting the house and removing the outbuildings designated for removal. John Gertz has been talking to a couple of different contractors to see what we could do with the one building for $5,000. He will be getting bids on portions of the renovation. 3. Listing of Prior Water Quality Tests at Miller Springs Case asked if listings of prior water quality tests done at Miller Springs are available to residents. Lambert said they are. Tyra-Lukens noted they only test for nitrates and colliform. CITY COUNCIL AGENDA October 7, 1997 Page 14 4. Hazardous Condition at Exit Ramp from Hwy 212/5 onto Valley View Thorfinnson noted that recent resurfacing done on the ramp from Hwy 5 and 212 to Valley View has lengthened the right turn lane, causing it to become an even greater hazard that it was before. He thought something could be done with painting that would show the right lane is for the frontage road. He asked Staff to take a look at this. B. REPORT OF CITY MANAGER 1. Award from Government Finance Officers Association Jullie said we were notified last week by the Government Finance Officers Association that the city has been awarded the Distinguished Budget Presentation Award for our 1997 budget. He noted we received the award the first year we applied for it. Harris asked Jullie to send a note of congratulations on the award from the Council back to Staff. C. REPORT OF DIRECTOR OF PARKS RECREATION & NATURAL RESOURCES 1. Staff Recommendation for the 1998 4th of July Site Selection Tria Mann reviewed the Staff recommendations for the 1998 4th of July celebration. Thorfinnson was concerned that we have taken a lot of non-profit groups' funding away from them by changing the site for the evening activities to the Eden Prairie Center. He asked Staff to work as hard as possible to re-establish funding possibilities for those groups. Case thought concentrating more at Round Lake for the daytime activities might solve some of the concerns. Mann said Staff has explored and talked about the issue of non-profit groups. She said one of the ideas was to expand beyond concessions. They have prepared a list of other activities, and there has been some interest in that from the non-profit groups. MOTION: Butcher-Younghans moved, seconded by Case, that the 1998 4th of July Celebration remain at Round Lake Park and Staring Lake Park for daytime activities, and at the Eden Prairie Center for the evening entertainment and fireworks. Motion carried 5-0. CITY COUNCIL AGENDA October 7, 1997 Page 15 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 10:15 p.m.