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City Council - 01/05/1988 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 5, 1988 7 : 30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Asst. to the Ci*%-.y Manager Craig W. Dawson, City Attorney Roger Pauly, Assistant Planner Don Uram, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Recording Secretary Sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: X.B. 2 . Update on Brown Land Company Creekview Development; X.B. 3. Report on Seavall Property. MOTION: Bentley moved, seconded by Anderson to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesdays December 1, 1987 MOTION: Bentley moved, seconded by Anderson to table Minutes from the Regular City Council Meeting held Tuesday, December 1, 1987 . Motion passed unanimously. B. Special City Council Meeting held. Tuesday, December 22, 1987 MOTION: Bentley moved, seconded by Anderson to table Minutes from the Special City Council Meeting held Tuesday, December 22 , 1987. Motion passed unanimously. Eden Prairie City Council 2 January 5, 1988 III. CONSENT CALENDAR A. Clerk's License List. B. Community Center Partial Repair Project Change Order No. 2 Bentley inquired if City would recoup some of the costs being uncovered in the change. Pauly responded affirmatively. C. Resolution No. 88-09, regulating Fees and Charges for Bus mess Licenses Permits and Municipal Services Bentley inquired if 3 . 14 of Item C, False Alarm Fees, were "per alarm. " Jullie responded yes and he would clarify that in the final fee schedule. Bentley commented that this should not be approved until corrected. City Attorney Pauly suggested a motion to amend the resolution would correct the matter. . MOTION: Bentley moved, and seconded by Harris to amend Item III. C. Resolution No. 88-09, 3 . 14 to include the language "per alarm" as follows: $50 per alarm for more th&n 3 false alarms. $100 per alarm in excess of 10 false alarms. $150 per alarm in excess of 15 false alarms per calendar year. Motion carried unanimously. Pidcc^.k asked for justification on the proposed PUD fee increase. Jullie responded the increase was due to actual costs involved in the process of the PUD. Pidcock asked that this increase be reconsidered. Peterson responded it was presently costing the City more than it was receiving. The costs must be passed on to the developer. D. Resolution No. 88-01, designating the Official City Newspaper E. Resolution No. 88-02 authorizing City Officials to transact banking business F. Resolution No. 88-03 authorizing use of facsimile s gnatures by Pubbl c'Officials G. Resolution No. 88-04 , designating depositories H. Resolution No. �88-0..�5 authorizing the treasurer to invest of Eden Prairie Funds w I. KADA, INC. ADDITION, by Karp's Twin City Supply Company. Approval of Developer's Agreement for Karp's Twin City Supply Company Building Expansion. Location: North of Highway 5, south of Martin Drive, west of Mitchell Road Eden Prairie City Council 3 January 5, 1988 J. Final Plat approval of KADA, Inc. Addition (Resolution No. 88-11) If K. Eden Prairie Senior Center Project Change Order Nos. 1-5 L. 2nd Reading of Ordinance No. 62-87 = Alarm Ordinance M. Amendment to Southwest Metro Transit Commission Joint Powers Agreement. eement. N. 1st Reading of Ordinance No. 4-88 amending City Code Section 5. 37 by amending S etc on 5 . 37, Subd. 5 which defines the word "Peddler" Bentley inquired as the purpose of this Ordinance. Pauly replied it was difficult to track peddlers. Present law stated if they had an office anywhere in Hennepin County, they could peddle without a license. It has become difficult to track the peddlers and with the proposed ordinance, they must have an office: in Eden Prairie. O. Approval of Special Assessment Agreement for _Fountain Place Apartments P. Approve name change for street in Prairie Bluffs from Franlo Road to Normandy Crest (Resolution No. 88-10) Pidcock inquired as to the reason for the name change. Lambert responded that it would correct the confusion of multiple intersections of the same name. Q. Approve yearly extension of Joint Use Rental Agreement with MWWCC 'T MOTION: Harris moved, seconded by Bentley to approve Items A-Q on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. BERGMAN ADDITION by Richard Bergman. Request for Preliminary Platting of 2. 16 acres into 3 single-family lots with variances to be reviewed by the Board of Appeals. Location: Northwest of Rosemary Read and south of Holly Road. (Resolution No. 88-8 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing was sent to owners of 55 surrounding properties and published in the December 23, 1987 issue of Eden Prairie News. The proponent was requesting Preliminary Plat approval on 2 . 16 acres into 3 single-family lots on the property located between Rosemary Road and Castle Lane south of Holly Road. Assistant Planner Uram reported that the Planning Commission heard this item at its December 14, 1987 meeting and recommended approval per staff recommendations on a unanimous vote. He requested that Staff Recommendation No.2 be removed as the water seepage problem was resolved. f f� f Eden Prairie City Council 4 January 5, 1988 Harris inquired what the findings were on the seepage. Uram responded that prior to 1983 the property owner was not connected to City sanitary sewer and the seepage was 9n overflow. The property owner had since connected as required by the City and there has been no seepage since that time. Bentley inquired if there was discussion of road connection between Rosemary Road, Holly Road and Hazel Lane. Uram responded that was not discussed at the Planning Commission meeting because staff did not feel it was feasible. Director of Public Works Dietz commented that the grade change would be too severe for a road. It would need to be 8% and that would devastate the lot and the value of the project. Anderson responded that if the City had planned to put a road through there, they would have done it. He felt the plan fit in very well. MOTION 1: k PTdcock moved, seconded by Anderson to close the public hearing. Motion carried unanimously. NOTION 2: F dcock moved, seconded by Bentley to adopt Resolution No. 88-08 approving the Preliminary Plat. Motion carried unanimously. MOTION 3 : Pidc ck moved, seconded by Anderson to direct staff to prepare a Development Agreement incorporating Commission and Staff Recommendations, Deleting No. 2 per Planner Uram, and Council conditions. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 39468-39817 MOTION: P dcock moved, seconded by Bentley to approve the Payment of Claims Nos. 39468-39817. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye. " Motion carried unanimously. j VI . ORDINANCES & RESOLUTIONS None VII . PETITIONS, REQUESTS & COMMUNICATIONS None VIII. REPORTS OF ADVISORY COMMISSIONS None Eden Prairie City Council 5 January 5, 1988 IX. APPOINTMENTS A. Ap ointment of Councilmember and City Representative to serve on the South Henne n Human Services Council for two year terms to e2M re January 31, 1990 Jullie reported that the Joint Powers Agreement for South Hennepin Human Services requires four representatives from each participating City to serve 2-year terms. The terms of Jean Harris, the Council representative, and Natalie Swaggert, the City representative, were expiring. MOTION: P d� cock moved, seconded by Bentley to reappoint Jean Harris as City Council representative, and Natalie Swaggert as City representative to serves on the South Hennepin Human Services Council for two year terms expiring on January 31, 1990. Motion carried unanimously. B. Resolution No. 88-07, appointing Director and Alternate Director to the Suburban Rate Authority for 1988 Jullie reported that the Suburban Rate Authority has a Director and an Alternate Director position for Eden Prairie. Finance Director John Frane has served as Director and Councilmember Anderson has served as Alternate Director during 1987. MOTION 1: Harris moved, seconded by Pidcock to reappoint Finance Director John Frane has Director and Councilmember Anderson as Alternate: Director for the Suburban Rate Authority during 1988. Motion carried unanimously. MOTION 2 : Harris moved, seconded by Pidcock to adopt Resolution No. 88- 07 designating John Frane as the Director and Richard Anderson as the Alternate Director of the Suburban Rate Authority for 1988. Motion carried unanimously. C. Resolution No. 88-06 designating the official meetin dates t me and place for the C t of Eden Prairie Council in 1988 and appoint na an Acting Mayor Jullie reported that the Council was required to adopt a Resolution designating the official meeting dates, time and place for meetings of the City Council and appointing an Acting Mayor. Discussion followed regarding appointments of the Acting Mayor in previous years. Anderson requested that Council schedule meetings every Tuesday, and if there were no reason to meet, it would be cancelled. He believed this would alleviate trying to find a day that all Councilmembers could meet on an urgent matter if Tuesdays were reserved for such matters. Eden Prairie City Council 6 January 5, 1988 Bentley responded that it was not a good practice to schedule dates and then officially not hold the meeting. He felt it should be left as is and schedule extra meetings as Council needs them. Anderson stated with present format Staff struggles to find dates that all Councilmembers can attend. Harris commented that without changing the resolution, all Councilmembers have pretty much kept that Tuesday open for unscheduled meetings. Pidcock suggested that without designating more Tuesdays, let Staff know that if additional matters are required to schedule them on an alternate Tuesday. Peterson stated that he was reluctant to change the resolution unless Council felt there was enough work to justify meeting every Tuesday. Anderson stated that when public hearings are held and the meetings go to 11: 30 PM, the Council does not do justice to the issues. He felt special meetings could be called in anticipation of controversial issues. Anderson continued that when items are continued due to lack of time for discussion, they are delayed for two months. MOTION 1: " Pidcock moved, and seconded by Harris to recommend appoint- ment of Senior Councilmember George Bentley as Acting Mayer. Motion carried unanimously. r MOTION 2 : 3 Pidcock moved, and seconded by Harris to adopt Resolution No. 88-06 designating the Official Meeting Dates, Time and Place for th City of Eden Prairie Council in 1988 and Appointing an Acting Mayor. Motion carried unanimously. D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates Jullie reported that the Association of Metropolitan Municipalities called for an appointment of 1 Representative and 4 Alternates from Eden Prairie. The ANN Bylaws state that the Mayor shall be the City's Representative and the other Councilmembers shall be appointed Alternates. MOTION: Bentley moved, and seconded by Pidcock to recommend appoint- ments to the Association of Metropolitan Municipalities in accordance with AMM Bylaws. Motion carried unanimously. E. WAFTA Board (Western Area Fire Training Associations- A o ntment of 1 Representative to serve a 1-year term commencing 1L188) Eden Prairie City Council 7 January 5, 1988 Jullie reported that the Western Area Fire Training Association (WAFTA) -has a position for one Representative from Eden Prairie to serve a 1-year term. CouncilmeMjer Bentley has been the City' s Representative during 198'�. MOTION: Anderson moved, and seconded by Pidcock to recommend appoint- ment of George Bentley as Eden Prairie Representative to the Western Area Fire Training Association. Motion carried unanimously. F. Appointment of City Attorney for 1988 Jullie reported that it was recommended that Roger Pauly and the firm of Lang, Pauly & Gregerson, Ltd. be appointed City Attorney for 1988 . MOTION. Pidcock moved, and seconded by Harris to recommend appoint- ment of Roger Pauly and the firm of Lang, Pauly & Gregerson, Ltd. as City Attorney for 1988 . Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members None B. Report of City Manager 1. Per Diem for Councilmembers (Continued from 12-15-87) Jullie reported that this item had been continued from the December 1 and 15, 1987 meetings. Several Councilmembers have inquired about a per diem compensation for City-related business meetings outside the City, and a policy has been drafted for their consideration. Pidcock commented that it was an honor to serve the City, but there are expenses. Bentley commented that ten years ago this issue (should not and would not have been approved because the City was smaller and less demanding. Today the Council has more outside meetings, groups, boards and committees asking for Councilmembers 'time. Discussion resulted in a direction to change the City Code to read: Section 2 . 05 of the City Code states that in addition to their regular salaries, ". .the Mayor and each Council- members shall be paid a reasonable sum for each day plus the reasonable expense incurred on business for the City outside of regularly scheduled Council meetings. " Per diem payment would be as follows: $25 each for meetings up to and including 2 hours; $50 each for meetings over 2 or more hours; or $50/day maximum. Y5 Eden Prairie City Council 8 January 5, 1988 MOTION: Bentley moved, and seconded by Harris to amend City Cade Section 2 .05 to reflect above change in language and recommend approval of per diem payment schedule for reasonable expense incurred while traveling on business for the City. Notion carried unanimously. 2 . Report on Creekview Development Jullie reported that Brown Land Company would present the Creekview Development to the Council on January 19, 1988 regular meeting. He informed Council of the controversy and the Staff attempts to hold meetings to defuse and resolve some of the issues prior to the public hearing. Discussion followed on the history of the project and the situation at present. Harris stated she would be willing to participate in a meet{.ng between residents and developer. Bentley recommended Peterson be the representative and to JI select a second party if meetings do come about. Council by consent agreed. a 3 . Report on Seavall Property w �{ Jullie reported that the Seavall property restoration has begun. The MWCC had hauled in 2000 cubic yards of till. The agreement with Seavall would be picked up the next day. The grading plan on the property would be ready next week and would be brought to Council for approval. C. Report of City Attorney Pauly thanked Council for the reappointment. D. Report of Director of Planning None E. Report of Director of Community Services None F. Report of Director of Public Works e 1. Pedestrian Bridge over TH 5 and CSAH 4 Dietz reported that the proposal for Federal Aid Urban (FAU) funds which would have covered 70t funding, to construct the pedestrian bridge over State Highway 5 at. Eden Prairie Road, did not rank high enough in the FAU system and funds were not allocated for the project. Eden Prairie City Council 9 January 5, 1988 He asked Council if the City of Eden Prairie should pay for IL a pedestrian bridge at an estimated cost of $350, 000. ., Pidcock stated to stay with the City's mission statement, City should make every effort to build the bridge. Peterson inquired if a study was done to justify the traffic anticipated on the bridge. Dietz responded there was no way of anticipating the traffic at present. Harris inquired if $350,000 included a feasibility study. Dietz responded that the process would begin by determining if it was possible to construct a bridge over Highway 5. Bentley commented that the actual estimated cost could be defined once the design work had been completed. At that time Council could decide if it was feasible to proceed. He F felt the City should go forward with design work but was not ready to authorize spending $350, 000. Anderson stated that the cost evaluation of the walkway over Highway 5 should include investigation of wood as was done over Highway 12. He recalled that that structure came in thousands of dollars less vs. concrete and steel. Bentley reminded Staff and Council to not rule out funding in the future. It could be addressed as a separate project after the road was in, and with new the state legislation sunset provision it would double or triple eligible funding dollars in the future. council advised Dietz to proceed with preliminary design and return to Council with projected costs, funding, alternative material designs. XI . NEW BUSINESS Bentley spoke on the National League of Cities meeting in r Washington, DC, and suggested that it was a meeting that some Councilmembers should attend. Peterson stated Council should consider the possibility and attend if budget allows. XII . ADJOURNMENT MOTION: P dcock moved, and seconded by Anderson to adjourn the meeting at 9:07 PM. Notion carried unanimously.