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City Council - 02/16/1988 a "APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 16, 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 City Manager Craig Dawson, City Attorney Roger Pauly, City Assessor Steven Sinell, Director of Community Services Robert Lambert, Recording Secretary Sue Anderson. PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. i I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.A. 1. Discussion on Sanitary Landfill Permit; X.A.2 . D scuss Special Meeting for Proposed Downtown; X.B.3 . Request for Proposals for Planning & Engineering Ass stance to Develop ( Phasing Plans of Southwest Area of Eden Prairie. MOTION: Harris moved, seconded by Pidcock to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Special City Council Meeting held Tuesday, December' 28, 1987 . MOTION: P d-cock moved, Harris seconded to approve the Minutes of the Special City Council Meeting held Tuesday, December 28, 1987 as published. Motion carried unanimously. s B. Regular City Council Meeting held Tuesday, January 5, 1988 . The following changes were made: Page ' Para ra h 4, Line 1 should read: Harris stated she would be 'willing to part cipate In ameeting. Page 8 , Paragraph 5, Line 1 Word 2, should read: recommended. Page 8, Paragraph 5, L ne 2 add sentence: Council by consent agreed. ]7 Eden Prairie City Council 2 February 16, 1988 a MOTION: Pidcock moved, seconded by Bentley to approve the Minutes of the Regular City Council Meeting held Tuesday, January 5, 1988, as published and amended. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Request for Grading Permit by Riley-Purgatory Bluff Creek Watershed District for 16011 & 16101 Pioneer Trail C. C—hangee Order No. 1,_ Layne Western Contract for Well Dril�ing I.G. 52-072B D. Change Order No. 1 and 2, Barbarossa Contract for Well House Construction, I.C. 52-072B MOTION: P dcock moved, seconded by Anderson to approve Items A-D on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS None V. PAYMENT OF CLAIMS NOS. 40400-40665 MOTION: Bentley moved, seconded by Anderson to approve the Payment of Claims Nos. 40400-40665. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye. " Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS None VIZ. A. EASEMENT REQUEST FROM NORTHERN STATES POWER FOR POWERLINE ALONG T.H. 5 City Manager Jullie reported that negotiations have continued with Northern States Power Company for a powerline easement along Highway 5, and City Attorney Pauly would report the outcome. Pauly requested a few moments to go over the latest document. MOTION 1: Pidcock moved, seconded by Harris to table the discussion on the NSP Powerline. Motion carried unanimously. MOTION 2 : Bentley moved, seconded by Harris to move NSP issue off the table. Motion carried unanimously. Eden Prairie City Council 3 February 16, 1988 Pauly stated NSP was willing to give $60, 000 for the easement. The terms of the easement document negotiated stated that the City would maintain the walkways over the easements, and a provision that the City would not request NSP to relocate the lines during the first 15 years unless the City paid for the total cost. Thereafter a prorated shift of the cost would occur until the 20th year, when NSP would pay all relocation costs. The question was raised regarding the knowledge that the property in question was a dedicated park land and as a part of the legal status of the land, Eliason Builders was the fee owner. If the land was not used as park property, would it revert to him the fee owner? Pauly reported that in the event of litigation, he believed that granting of the easement would not trigger reversion to grantor of the park property. As a result, NSP has requested language that the property would remain in park use in perpetuity of the agreement, which currently the dedication of the land requires. Ralph Towler, NSP lawyer, suggested language in the resolution which would authorize the Mayor and City Manager to sign the easement in the form previously outlined to the Manager over what was designated as parcels 2B and 2L subject to the Council being satisfied that the granting of the said easement would not operate to discontinue the City's use of the easement area for park purposes. MOTION: Bentley moved, seconded by Anderson to approve easement requested by NSP with the condition that language be approved by the City Attorney to insure that granted easement will not impair the City's ability to continue the use of the property for park purposes. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS A. REPORT OF RESIDENTS ADVISORY COMMITTEE ON PROPOSED DOWNTOWN SITE FOR CITY HALL Assistant to City Manager Dawson highlighted the recommenda- tions from the committee. The committee met and 13 of the 22 were present to evaluate the proposed area. The committee recommended the following on a 12-1 vote. 1) The proposed downtown location east of Prairie Center Drive be included in the list of recommended sites. 2) This location be considered equally acceptable to the other recommended sites which was preferred no less or no more than other sites. 3) Acquisition negotiations on this site should be done concurrently with the other recommended sites. Bentley inquired about the member who voted no. Dawson replied that this person indicated no specific reason for dissent, but that he had expressed discomfort with the concept ' of a specific downtown area. Eden Prairie City Council 4 February 16, 1988 Dawson concluded that the major variable and where it would rank with the recommended site was the cost. MOTION: Bentley moved, seconded by Anderson to receive the recommenda- tions as presented by the Residents Advisory Committee on Proposed Downtown Site for City Hall. Motion carried unanimously. IX. APPOINTMENTS A. BOARD OF APPEALS AND ADJUSTMENTS Appointment of 2 Representatives to serve three-year terms commencing March 1, 1988 and expiring February 28, 1991. Pidcock nominated Neil E. Akmann and Scott Anderson. Bentley nominated Roger Sandvick and John Freemyer. MOTION: Bentley moved, seconded by Pidcock to close the nominations. Motion carried unanimously r Peterson stated to Council to vote for two. Bentley pointed out that a unanimous vote would be required for Sandvick, because he had served mire than two consecutive three-year terms. Voting for Akmann: Anderson, Harris, Peterson, Pidcock Voting for Anderson: Pidcock Voting for Sandvick: Anderson, Bentley Voting for Freeamyer: Bentley, Harris, Peterson B. BUILDING CODE BOARD OF APPEALS Appointment of 2 Representatives to serve three-year terms commencing March 1, 1988 and expiring February 28, 1991. Pidcock nominated Mike Zachman and Allan Callander. MOTION: Bentley moved, seconded by Harris to close nominations and cast a unanimous ballot for Mike Zachman and Allan Callander. Motion carried unanimously. C. FLYING CLOUD AIRPORT ADVISORY COMMISSION Appointment of 2 Resident Representatives to serve three-year terms commencing March 1, 1988 and expiring February 28 , 1991. Bentley nominated David Parker and Dennis Larson. Eden Prairie City Council 5 February 16, 1988 r MOTION: Bentley moved, seconded by Harris to close nominations and cast a unanimous ballot for David Parker and Dennis Larson. Motion carried unanimously. D. HISTORICAL AND CULTURAL COMMISSION Appointment of 3 Representatives to serve three-year terms commencing March 1, 988 and expiring February 28, 1991. Pidcock nominated Laurie Koering, Steven White and John Hensrud. MOTION: Bentley moved, seconded by Harris to close nominations and cast a unanimous ballot for Laurie Koering, Steven White and John Hensrud. Motion carried unanimously. E. HUMAN RIGHTS AND SERVICES COMMISSION Appointment of 5 Representatives: 2 to fill unexpired terms commencing immediately and expiring February 28, 1990; and 3 to fill three-year terms commencing March 1, 1988 and expiring February 28, 1991. Bentley nominated, for the two unexpired terms to February 28 , 1990, Peter Iversen and Melanie Voris. i ( MOTION 1: 't Bentley moved, seconded by Harris to close nominations and cast a unanimous ballot for. Peter Iversen, and Melanie Voris. Motion carried unanimously. Pidcock nominated Virginia Gartner, Peg Johnson and Ellie Norberg. MOTION 2 : Bentley moved, seconded by Anderson to close nominations and cast a unanimous ballot for Virginia. Gartner, Peg Johnson and Ellie Norberg. Motion carried unanimously. F. PARKS, RECREATION & NATURAL RESOURCES COMMISSION Appointment of 2 Representatives to serve three-year terms commencing March 1, 1988 and expiring February 28, 1991. Bentley nominated Bud Baker and Ann Boling. Pidcock nominated Patrick Richard. MOTION: Bentley moved, seconded by Pidcock to close the nominations. Motion carried unanimously. a h; Eden Prairie City Council 6 February 16, 1988 a Voting for Baker: Anderson, Bentley, Harris, Peterson, Pidcock Voting for Richard: Anderson, Harris, Peterson Voting for Boline: Bentley, Pidcock G. PLANNING COMMISSION Appointment of 2 Representatives to serve three-year terms commencing March 1, 1988 and expiring February 28, 1991. Harris nominated Julianne Bye and Christine Dodge. Bentley nominated Doug Reuter. MOTION: Bentley moved, seconded by Pidcock to close the nominations. Motion carried unanimously Voting for Bye: Anderson, Bentley, Harris, Peterson, Pidcock Voting for Dodge: Anderson, Bentley, Harris, Peterson, Pidcock Voting for Reuter: None X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. DISCUSSION ON SANITARY LANDFILL PERMIT x Anderson reported that the permit for the operation of the Pollution Control Agency at the landfill expired on the 28th of January. He inquired if the City has any options and if so, should it take action. Pauly responded that he wrote to the PCA shortly after January 28th and reminded it of the expiration, and that he was waiting for a response. Pauly commented that he had read that someone from the PGA stated that as long as an application for 1 expansion had been filed then the permit would continue in effect. Pauly did not necessarily agree with that position or conclusion. He did not propose taking action at the present time, but felt the City should wait for some appropriate time for response. Anderson stated that the City was aware of the problems on the landfill and that if the Council was to act responsibly, should it allow a corporation to continue to dump garbage without a permit. Pauly responded that one alternative would be to bring an action against the PCA in the form of a mandamus action to require enforcement of its own permit as the City does not have the authority to do that. Council directed Pauly to pursue legal alternatives and follow up and inform Council whatever transpires. Eden Prairie City Council 7 February 16, 1988 2 . DISCUSSION OF SPECIAL MEETING REGARDING PROPOSED DOWNTOWN Bentley suggested a special meeting be held to discuss the proposed downtown development in the major center area. He felt it was important for Council to make a statement or take a position on the City's willingness to proceed on the project. The meeting could result in a consensus of what the City hopes to accomplish. MOTION: Bentley moved, seconded by Anderson to hold a special meeting for Discussion of Downtown Development on Tuesday, March 8, 1988 at 3 : 30 PM in Council Chambers. Council requested that the Finance Director begin exploring possible financial avenues in order for the City to participate in the development. B. Report of City Manager j 1. AWARD CONTRACT FOR REFURBISHMENT OF FIRE ENGINE NO. 1 Jullie referred to the memo to the Council dated February 11, 1988, outlining the award of a contract to refurbish a fire engine and what the cost would be associated with the work, and the funding for said item. Staff was recommending that Custom Fire Apparatus, Inc. be awarded the bid to refurbish Engine No. 1 for the bid submitted February 9, 1988 . Peterson asked if another fire unit would be retired in the process. Jullie responded affirmatively. Harris inquired about the impact of the proposal in regard to the adequacy of the number of light rescue trucks. Jullie responded that the original program was to have a light rescue truck in each of the four stations. Under the new response plan, Station No. 21 at Technology Drive and 169, will be more of a storage area for different kinds of fire fighting equipment and hence not need a light rescue truck for response. MOTION: Bentley moved, seconded by Anderson to award the bid to refurbish Fire Engine No. 1 per its bid submitted February 9, 1988 at a cost not to exceed $87, 685, and further that its trade-in allowance of $30,000 for Fire Engine No. 4 be accepted. Motion carried unanimously. 2 . BOARD OF REVIEW PROCESS City Assessor Sinell said that in accordance with the Council' s request to smooth the process of the Board of Review, staff had surveyed other cities ' practices, examined Eden Prairie's practices and suggested changes which would be implemented Eden Prairie City Council 8 February 16, 1988 before the Board of Review's first meeting on April 28, 1988 . Six recommendations were developed for Council ' s approval. Sinell stated the main change was the request for a written application by the taxpayers giving details regarding their review. Bentley requested the application contain only questions they could answer from memory. He commented if it was complex, they would not be able to fill it out the evening of the review process. Peterson requested a few paragraphs at the beginning of the form to introduce the procedure. Pidcock requested a simple review form in order for citizens to appeal without filling out a complicated form. MOTION: Bentley moved, seconded by Pidcock to approve recommendations subject to Council giving final approval on application form. Motion carried unanimously. 3 . REQUEST FOR PROPOSALS FOR PLANNING AND ENGINEERING ASSISTANCE TO DEVELOP PHASING PLANS OF SOUTHWEST AREA Jullie reported that there has been a substantial interest on the part of property owners anticipating development and property sales are moving along in the southwest area. He ' continued that the City Planning, Engineering, and Community 4 Services have done a fair amount of preliminary work in trying to develop the initial phasing plan in this area. J Staff requested authorization to receive proposals from planning and engineering consultants outside that could help them pull the phasing plan all together. Jullie pointed out that at the pace of interest, the City cannot afford the luxury of moving too slowly. He requested that the Council authorize the City to secure proposals for appropriate planning and engineering consultants and come back to Council with recommendations. Pidcock inquired if this will be open to all engineering and planning consultants in the City. Jullie responded that he preferred that they have a good knowledge of the area and are familiar with the basic comprehensive planning, utilities and drainage specifications of the City. MOTION: Harris moved, seconded by Pidcock to authorize Staff to secure proposals for appropriate planning and engineering consultants and return to Council with recommendations. Motion carried unanimously. Eden Prairie City Council 9 February 16, 1988 C. Report of City Attorney Pauly reminded the Council that the PCA Citizens Meeting would be held on February 17, 1988 at the Community Room at the Eden Prairie Shopping Center. This would be a citizen review meeting and he would be present and make a short statement that the City intended to seek a contested case hearing. D. Report of Director of Planning None E. Report of Director of Community Services 1. PROPOSAL REGARDING EDENVALE GOLF COURSE Community Services Director Lambert introduced the proposal form the Edenvale Golf Course for the sale of the course to the City. He felt this was a significant proposal and deserved quite a bit of review. He proposed a review by staff following up the figures that Edenvale presented and having the City Finance Department and Assessing Department contribute their comments. At that point Staff would recommend if it was or was not feasible to proceed to Phase II of the analysis, which would consist of audits and appraisals from outside sources of the data to evaluate the full proposal. Peterson stated that after preliminary data was submitted, public comments should be raceived. Harris inquired about the letter from Cedar Hills Golf Course and if they were offering their course. Lambert responded no, it had just discussed offering land in that part of town for a public course. He continued that they learned about the Edenvale offer and did not want the City to forget that possibility. Lambert stated that the final recommendation would compare costs of acquisition and/or development. Bentley clarified for the record that Cedar Hills did not make any formal request or proposal and that City was not making any recommendation relative to or along that line. Lambert responded affirmatively. Harris clarified her understanding that at the time this proposed study was under review, all possibilities including the content of the conversation3 with the owners of Cedar Hills will be considered. Lambert responded affirmatively. Peterson concluded that the offer from Edenvale has precipitated a more specific study of the whole concept of one or more municipal courses in the City, and not just the feasibility of Eden Prairie purchasing Edenvale. Eden Prairie City Council 10 February 16, 1988 Bentley stated the City must not lose sight in this review process that the land that makes up the Edenvale Golf Course was part and parcel of the density transfer allowance for lots in the entire Edenvale Development. There could be the inference that this land could be lost to development and he did not want that to happen. Pidcock inquired about the timeline. Adrian Herbst, lawyer for Edenvale, stated a timeline was discussed with City Staff. There was an understanding that preliminary ideas could be ascertained in 60 days. They also understood that it would not be possible to have the property acquired and go into operation as a City course in this calendar year. i MOTION: Harris moved, seconded by Pidcock to approve the Staff recommendations to proceed with the review process on the Edenvale Golf Course proposal. Motion carried unanimously. Bentley noted the City was responding to a specific proposal that has come before the City and not propagating any sort of plans to develop a municipal golf course, and responding in such a way that it was not costing additional taxpayer dollars. Lambert responded that the Staff review will be ba_k in sixty days. ( 2. SENIOR CENTER IMPROVEMENTS s Staff proposed funding to finish the Senior Center improvements. He reported that a grant was received for improving the Center but did not cover work in the kitchen. This request was for kitchen cabinets, sink, stove and refrigerator. At present, Seniors cannot serve meals but with improvements they can hold potluck events. The projected cost would be $11, 500 to bring it up to usable fashion. Staff received two quotes for cabinetry in amounts of $6, 200 and $6, 700; however, it is looking into purchasing preconstructetd cabinetry and installing them. MOTION: Harris moved, seconded by Anderson to authorize transfer of appropriate funds of $11,500 form the General Fund to complete the kitchen at the Senior Center. Motion carried unanimously. Bentley inquired why the original community development block grant request was denied. Lambert responded that the original grant request was for $60,000 and half was for the kitchen. City received $30, 000 for non-kitchen improvements. The State b County Health Departments' code requirements to serve hot meals result in costs of $60,000 for the kitchen to meet code. Staff went forward with that cost in applying for discretionary grant; it was denied. d Eden Prairie City Council 11 February 16, 1988 Lambert stated the Center can operate in the present status for a couple of years, after which the City would then return for a grant request to complete the kitchen according to code. Pidcock requested that during the completion of the kitchen, heating ducts should be placed on the floor if possible. F. Report of Director of Public Works None G. Report of Finance Director XI. NEW BUSINESS None XII . AWOURNMENT MOTION: Harris moved, seconded by Pidcock to adjourn the meeting at 8:45 PM. Motion carried unanimously. 1,