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City Council - 01/03/1989 APPEOVED MINUTES EDEN PRAIRIE CITY COUNCIL TUE SDAY, JANUARY 3, 1989 7 : 30 PM CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS : Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock , and Douglas Tenpas CITY COUNCIL STAFF : City Manager Carl J. Jullie , Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation 6 Natural Resources m Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL : All members present. �3FEAE..I.NG-I N CER_. MQ Z F _ 4� lAYQ. GA ._ ' �$ � ► _._QSZ C I LMEMF3 R PATRICIA NCO_ ZC�_._ PAN �Q� ILMEMHER DOUGLAS 1�AS City Attorney Pauly swore into office Mayor Gary Peterson, Councilmember Patricia Pidcock, and Councilmember Douglas Tenpas . U-SQLQT,rON NO. 89- 11, PROCLAIIIING FEBRUARY 1989 All "E-EN PRAIRIE LOVES ITS KIDS" MONTH H=Nu Pidcock moved, seconded by Anderson to adopt the Resolution proclaiming February 1989 as "Eden Prairie Loves Its Kids" month . Motion carried unanimously. I . RQVAL QF AG NMA AND OTHER ITEMS QE-IM I NEgSS' MOT I QN:_ �. Anderson moved, seconded by Pidcock to approve the Agenda as published . ADDITIONS TO THE AGENDA: ITEM XII .A. 1, Keys to the City, ITEM XII . A. 2, Discussion of Drug Problems with the Eden Prairie Community, ITEM XII .B .2, Schedule 1989 Strategic Planning City Council Minutes 2 January 3, 1989 - Meeting . Motion carried unanimously. II . , Q,��JTMENTOF_MZE $__TQ_ '1IE H US IN & REDEVELOPMENT AUTHORITX_ t HRA) - Resolut, oar Mq ,__.89- 0, MOTION: Harris moved, seconded by Pidcock to adopt Resolution No . 89- 10 appointing the Co uncilmembers to serve as Eden Prairie Housing & Redevelopment Authority Boardmembers and to cast a unanimous ballot for Mayor Gary Peterson as Chairperson and Jean Harris as Secretary of -he HRA Board . Motion carried unanimously. III . RECESS h t The Council recessed at 7 : 40 PM for the Eden Prairie Housing 6 Redevelopment Authority meeting . The Council reconvened at 7 : 46 PM . I V . M I..LIUTF�S V . CONSENT_fALE_KDAR / A . Sj_q_r_X_!5 Tr B . Change Ordg _No. 4 for the Cgmmun i CgBtgr C . with Aden Prairie Le on As:�Qglation for SAC and WAC Fegg D . 2ad Ruling Qf Oxdin.ance N!2 . 65-88 for Q.fficial a ig_Qf T H 212 E. Rpsolution Ng . 89-01 , Newsna��r F . . 4r.. Ng . @ q-. �A._tit�14 C19_..C ..0 .� sue . G . . 8 2-4 4 _. d�m.LIS Signa u es by Public Officials. H . 1., t i on No . 89-04, Des go g_Qgpos itgr ies I • 82-2$... Aulhor_ ims.-the Treasidrgr to invest Citv olden Prairie Fund-* J . R �. ,>�. o_B N9 a� 89-08, Regul;�t ir.g F.��s and Qha-K-9_C_*__LqL Busingga Licgnsftrmits aLLId _Munlgi,Da1 sg?.rviggs � I City Council Minutes 3 January 3, 1989 MOTION Harris moved, seconded by Anderson to approve Items A through J on the Consent Calendar . ITEM E Pidcock believed that it would be advisable for the Council to consider the Edpn Pr.a1rie $aIor at a future date if the S-111 or were to provide equivalent distribution as the ELdgn PrAjLrI&L NewA, provides and maintain the lower rates . Harris asked Pidcock if she was requesting the 5a.�...� to include mailing in its quote . Pidcock replied that for next year ' s quote she would like to see the 6-s-&i 14r include mailing casts to allow for a better comparison . Motion carried unanimously. V I . PUBLIC HEARINGS A. ,_L_ SHGR .S ( Continues from 12/20/88 ) Resolution No . 88-294, Approving Housing Plan for Elim Shores No comments were made by persons in the audience . L4 T ION _ Harris moved, seconded by Pidcock to close the Public Hearinq and adopt Resolution No . B8 -294 approving the Housing Plan. for Elim Shores . Motion carried unanimously. B . j�,1M_ sgR Tax Increment Financing Plan (Resolution No . 88-295 ) Continued from 12/20/88 No comments were made by persons in the audience . MATT ON Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No . 88-295 approving the Tax Increment Financing Plan . Motion carried unanimously. V I I . ?%YN.aN T 4 P___.Q4A—IM. MOTION • Pidcock moved , seconded by Anderson to approve Payment of . Claims No . 47796 to No . 48181 . Peterson asked Jullie to clarify No . 48036 to the Hennepin County Sheriff 's Department for radio repair for the police department at the cost of $12, 796 . 49 . Jullie stated that he City Council Minutes 4 January 3, 1969 believed that the cost was .actually for the lease payment and should not have been listed as repair . ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and Peterson all voting "AYE" . VIII . ORDINANCES & RESOLULT-1-0-NE. IX. PETITIONS, REQUESTS S C0MMUNTCATIONS X. RFP_QFM6 OE_&Dvl_�jOR ' COkIMI_SS.I fJNaS X1 . APPOINTMENTS A. ft-5.Q � rL S2- 9=Q6- .�-e Agiia Ina_ motes time and 21ace f©.z thg: City of Ed.gZri., Pr-31rie Zpuncil in 198.9 a3P � n.�A�tinQ Mavor_ MOTION: Pidcock moved, seconded by Harris to nominate Couneilmember Anderson as Acting Maycr . Motion carried unanimously. M-QU-M3.'._ Harris moved, seconded by Pidcock to adopt Resolution No. 89-06 . Motion carried unanimously. Anderson believed that the Council should consider officially designating every Tuesday for the Council to meet . He suggested that the 1st and 3rd Tuesdays remain designated for the Public Hearing issues and the 2nd and 4th Tuesdays be designated for workshops and to have joint meeting with the various Commissions . Anderson commented that several communities in the area currently meet every week . Harris questioned if it was necessary to formally designate the 2nd and 4th Tuesdays . She said that the Council had always been instructed to leave all Tuesday nights open to allow for the scheduling of special meetings . Anderson stated that the City has issues that nee(] several hours of discussion . He said that at a regular Council meeting there was not enough tinie to allow for thlz discussion on one subject . Anderson believed that the Council could do a better job if it conducted four shorter meetings rather than starting at 6PM and going until midnight or after . Anderson stated opposition to having any further 6PM meetings . City Council Minutes 5 January 3, 1989 Peterson .asked City Attorney Pauly what, the regulations were regarding notifying the public if the Council found that it was not necessary to meet on the 2nd and 4th Tuesdays . Pauly stated that he did not believe that there was a statutory requirement or procedure set . Peterson stated that he was content to continue having Tuesday evenings reserved and to schedule special meetings on the 2nd and 4th Tuesdays . Peterson concurred with Anderson that the meetings starting at GPM and going to midnight were too long . Harris agreed with Peterson. Tenpas stated that he believed that by scheduling meeting every Tuesday night it would take some of the pressure off the regular Council meeting . Tenpas concurred with Anderson that going from 6PM to past midnight made it difficult to stay alert and make appropriate decisions . Tenpas stated that he found it difficult to be prepared and to research the issues adequately when the Agenda was too full . Jullie stated that at one time an 11: 30 PM curfew had been set . He stated that possibly Staff could do a better Job of scheduling the difficult issues so that the meeting did not run so late . Peterson believed that the Council had done a better Job In 1988 at picking out the issues that required special meetings . Pidcock stated that the Council should consider that staff members would be required to be at the meetings and that some of them are already required to be away from their homes at least one night a week . NOTION : Anderson moved, seconded by Tenpas to establish the 2nd & 4th Tuesdays of every month for Special Council Meetings . Motion failed 2 to 3 with Pidcock, Peterson, and Harris voting "NO" . H. As -(?.a 41__1._a s.1..a i t,lr �,y� a r. 4 A l t e r na t P s MQTI�N Harris moved, seconded by Pidcock to nominate Gary Peterson for Representative to the Association of Metropolitan Municipalities and nominate Patricia Pidcock, Richard Anderson, Douglas Tenpas, and Jean Harris as alternates . Motion carried unanimously. r City Council Minutes 6 January 3, 1989 Pldcock staited that she was preparing a resume for a position on the Hoard of the Association of Metropolitan Municipalities and would appreciate an endorsement and support in the endeavor . MOTION: Harris moved, seconded by Anderson to endorse Patricia Pidcock for the Board of the Association of Metropolitan Municipalities . Motion carried unanimously. C. DDOIntmcnt gf e P,sen . civ to serve A r term 1/1189 Harris moved, seconded by Pideock to nominate Dougla-s Tenpas to serve a I-year term on the Western Area Fire Training Associatiun. Motion carried unanimously. D . AD2qjimtme o f -C-Lty—A tt qX111y, f Q r 19 0 9 Pldcock moved, seconded by Anderson to recommend that Roger Pauly and the firm of Lang, Pauly & Gregerson, Ltd be appointed City Attorney for 1989 . Motion carried unanimously. X I I . R E.P QBZ.5__QF_Q_FF R OARDS A . EtCpq_rt 11 M 1 . Ksy§ to the City Pldcock commented that she endorsed the presentation to those who had already received the keys to the City; however, she believed that all Councilmembers should receive notification that a key was being presented and give their consensus . Harris believed that a criteria should be established for the types of recognition necessary to receive the key to the City. Pideock stated that receiving the key Lo the City should be a significant honor . Anderson stated that anyone of the Councilmembers should be able to recommend an individual to receive the key. He commented that all members should be informed when a key was to be given out . C-Itj, council minutes 7 January 3, 1989 MOTTON: Pidcock moved, seconded by Harris that criteria be established for the awarding of the Key to the City and that all Councilmembers be informed when a key was to be awarded . Motion carried unanimously. 2 . Drug Problem witbin th --C-pimmg Anderson stated that recently the laws had changed regarding who and how Information regarding a juvenile drug offender could be given out . He said that the School District had established a committee to work on the youth drug problem within the community. Anderson believed that the City was not as involved in the drug problem as it should be and he would like to see the City help the School District In It ' s efforts . Anderson believed that the drug problem was a community problem, not Just the School Districts problem . Anderson asked City Attorney Pauly for any information that he had on the recent changes in the laws and asked what options the City had to provide help with the drug problem. Peterson stated that he had had a conversation with Mr . Gamm of the School Board regarding the drug program presented by Rod Kesselring . Peterson had informed Gamm that the City was also involved in the youth drug problem and very Interested in helping the School Board . Peterson had asked Gamm If there was a way for the City Council to be Informed when items, such as the drug problem, were to be discussed by the School Board . Peterson suggested having a Joint meeting with the School Board and the City Council . Peterson also suggested that a representative from the Community Chemical Health Advisory Committee and a representative from the police force be invited to the meeting . Peterson concurred with Councilmember Anderson that the City needed more Information and needed to know the (7-Ity' s limits In this area . KQT.T ON: Anderson moved, seconded by Harris to schedule a meeting In February with the School Board, the Community Chemical Health Advisory Committee, and the City Council to discuss the coordinating of efforts regarding the Drug Problem within the Community of Eden Prairie . Tenpas stated that the drug problem was a very serious one and that the City should consider the possibility of developing a Drug Commission. Motion carried unanimously. City Council Minutes 8 January 3, 19R9 { B . Repo t _u_f Ci ty PeterBc?n -- ra ted tI it Iie rrfttaYlrt- dt-t advo r.atr C, t tI theoretical position of the Reuter facility; however , because the City had waited such a lung time for a clear demonstration and an economic viability of the Reuter facility, he could no longer support directing mixed municipal waste to the Reuter facility. Peterson stated that he was a strong advocate of a source separation program for the City of Eden Prairie and for the designation of the remainder of the waste to the Reuter facility because it offered the possibility to do something constructive with the remainder of the waste . ;enpas asked if Reuter Recycling, Inc . had sold some of its plants or its technology. Katy Boone , representing the Relater facility, replied that the exclusive agreement with Buhler Miag had been terminated. Harris asked Dawson if it was necessary to designate specified day-c.f-the-week collection area . Dawson replied that the benefits were that trash containers would be on the curb only one day and that garbage truck traffic would be limited to one day. Peterson stated support for the specified day-of-the-week collection . Pidcock concurred . Harris asked Dawson what issues separated Hennepin Count P P Y and Reuter Recycling, Inc . Dawson replied that the City did not have specific details regarding the negotiations . Harris asked how realistic was the County's goal to achieve the 23% "old" + 16% "new" recycling. Dawson replied that the 23% was existing recycling and the 16% was to be created by new source-separation recycling . The goal appeared to be achievable; however, a great deal of resources were being used to collect and verify existing data . Anderson asked City Attorney Pauly how much control the City would have regarding packaging material used by restaurants, etc. Anderson commented that currently Minneapolis and St . Paul were discussing trying to restrict the type of packaging materials used by fast-food restaurants that were not biodegradable . Pauly replied that an exercise of that type of control could present question on a constitutional level regarding the Commerce Clause.. . � Pidcock Suggested and Councilmember:: decided that the City should discontinue its purchase of styrofoam cups . City Council Minutes 9 January 3, 1989 Cicicock a5kc—d Paui if ti-te (7ity coniii -:iciotrt' aFr;�t�11It jrr�i that only recyclable materials could be sold and used in the City of Eden Prairie . Pauly questioned the validity and enforceability of a Resolution of that nature . Pidcock asked if the City could make a proclamation that the City Council supported recyclable packaging . Pauly replied there would be no restraint on a proclamation or a statement to have packages use biodegradable materials . After further discussion on packaging materials , Anderson concluded by requesting that the City at least look into what restriction could be enforced . Peterson asked Dawson to clarify the st-. cement ; "Further, County funding is available only for costs that cities Incur; if recycling is done by haulers not under contract with a city and money exchanged, the haulers get nothing . " Dawson replied that the County• s ;policy was to reimburse the costs only incurred by public agencies . Costs i Incurred by private businesses would not be eligible for refunds by the County. Peterson believed that the Eden Prairie residents would accept the moral and financial responsibility for the removal of their garbage and he did not want to see the City adopt a program based on the financial assistance policy of the County. Harris asked Dawson how many haul-ers would stop operating In Eden Prairie if they were required to provide recycling. Dawson replied that the residential haulers operating in Eden Prairie currently had stated they would be willing to offer the recycling service; it would be difficult to speculate on their economic viability after the program was in place . Peterson asked Dawson if the haulers had given specific details on how the recycling would be accomplished . Dawson replied that only one hauler had indicated that special equipment would be necessary to provide the service . Harris; asked Dawson if the timeframe presented was realistic considering the Metropolitan Council and the negotiations between Hennepin County and Reuter Recycling, Inc . Dawson replied that there was a risk involved because the program would need to start prior to June 1 , and having waste recycled exclusively at the Reuter plant would not necessarily qualify as recycling in the revised Plan to be under review by the Metropolitan Council later In the summer . Anderson question if contracting one hauler for recyclables was practical . Anderson did not want to see 4 or 5 haulers going into a section of the City all in one City Council Minutes 10 January 3, 1989 day . Peterson said that an advantage was that all the garbage was collected in one day. Anderson asked Pauly if it was legal for the City to designate a specific area of the City to a specific hauler . Pauly replied it was legal . Pidcock stated that she did not want the City to become involved in the garbage hauling business . Pidcock stated that she would like the City to do source- separation recycling, and receive the maximum landfill abatement. k Peterson stated that as the City vas aware Hennepin County and the seven metro counties were having extensive discussions regarding recycling . Peterson believed that the recycling issues would be resolved and programs Implemented in the 1989 and the 1990 's . Peterson commented that the children were now being educated in the school systems regarding recycling and believed that eventually parents and students would demand changes to be made in packaging and the handling of recyclable materials. He said that the technology of the Reuter facility might be viable sometime in the future, however, he believed that the City of Eden Prairie needed to act now and could not afford to wait any longer for the Reuter facility. Peterson concluded by stating that he believed the Council had discussed and debated the issues thoroughly .and recommended that the Council decide tonight that a source-separation program would be implemented in Eden Prairie for residential properties . Tenpas stated that technology would change and as the technology changed so would the programs offered in Eden Prairie . Tenpas said the possibility of utilizing the Reuter facility for all recycling could possibly be revisited in a few years . Anderson concurred with Mayor Peterson that the City needed to implement a program now. Anderson believed that the attitudes of the residents needed to change and everyone needed to be educated on the affects of recycling ono our environment . Anderson asked what would be done about yard wastes recycling . Dawson responded that separate yard waste collection would be required in the spring and fall in 1989, and year-round beginning in 1990 . City Council Minutes 11 January 3, 1989 MOTION • Pidcock moved, seconded by Anderson that the City organize a recycling and source-separation program . Motion carried unanimously. Peterson recommended that Staff explore the possibility of collecting and disposing of household hazardous waste . MOTION Pidcock moved , seconded by Harris to direct Stuff to explore means for the collection and the disposal of household hazardous waste. Anderson asked Peterson if the intention, was for only household or could the proposal include small businesses . Peterson replied that if the City had a program for residential hazardous waste that the small businesses _ could utilize the program; however, he did not want to see the large commercial businesses involved . Pauly reminded the Council that Minnesota did not currently have a disposal facility available for hazardous material and that the material would have to be shipped out of state . Peterson replied that Hennepin County had demonstrated a commitment to hazardous waste disposal by offering a drop- off site twice during the year . Motion carried unanimously . Peterson asked Dawson what other decisions were necessary for the process to begin . Dawson replied that it wa; necessary to determine the type of container to be used and If the City or the hauler should provide the containers . Dawson suggested having the haulers distribute the containers utilizing the City as the central purchasing agent either having the City pay the entire amount for the container and reimbursing the hauler the $5 given by the County and having the hauler responsible for the remainder of the cost or the City provide the containers . Dawson recommended providing two stackable containers. Anderson commented that St . Louis Park offered an incentive program for recycling on a payback basis . Harris questioned if anyone would use the program if the containers were not provided . Tenpas stated that the containers should be provided at the most coot efficient method to the City. Peterson asked Dawson what the cost was for a container . Dawson r--plied $7 to $9 for a single large container and City Council Minutes 12 January 3, 1989 $5 for the ::�-tacka►ble, container . Dawson commented that when residents have the containers provided they feel obligated to use them . Katy Boone stated that the Eden Prairie Waste Management Commission had toured Reuter Recycling, Inca today. She commented that the cost to process waste would be $10 more a ton if the recyclables were not included . Peterson asked Boone if there would be a reduction if the waste had already been separated from the recyclables . Boone replied that a similar proposal was currently b-ping discussed with another governmental unit . Boone described the process as a comminglinc and said that the tip fees would remain the same; however, the Reuter facility would market the recyclables at a charge of $10 to $20 per ton. Boone said that Reuter Recycling, Inc. was interested in marketing recyclables . She concluded by stating that Reuter Recycling, Inc . would like to be a part of whatever system Eden Prairie adopts . Peterson recommenced that Staff handle the details of the program and report back to the Council . Dawson asked if the consensus of the Council was to continue the organized collection process and direct the non-source-separation material to Reuter Recycling, Inc . The Council consensus was to take these steps . Ander:71on asked Bootie if the Reuter facility could handle the business and/or commercial waste . Boone replied that they could handle some commercial waste; however, the Reuter facility was not equipped to handle only commercial waste . Boone said Reuter was mainly equipped to handle residential waste . Peterson commented that the County was responsible for an industrial and commercial recycling program and the City was only responsible for a residential program. 2 . 5s h - -1 g-S_t r a 9. .si r'�..n. g_r1� ting Harris moved, seconded by Pidcock to schedule the Strategic Planning Meeting for Saturday, February 25, 1989 . Motion carried unanimously. C. F-!ZP-Qr-t— o f (Z.Lt V At t o r=X Q. Rc,rt DI .e g tL)r of_�1r�ti . E. Qi. ct4r� o _� . � t gAtion & Natural Resourc,= City Council Minutes 13 January 3, 1989 1 . Tr a l l b Fee f Lambert reported that Lakeville designated $150 from its Cash Park Fee for trails . Lambert stated that he did not recommend that Eden Prairie follow Lakeville ' s example as presented in the memorandum elated December 20, 1988 . MOTION' Harris moved, seconded by Tenpas to approve the Staff recommendation of December 20 , 1988 not to add trail fees to the Cash Park Fee . Anderson was concerned about the City Is ability to complete trails in designated areas of the City. He said that many of the older areas of the City did not have sidewalks or trails . Anderson asked if the City meant to develop the remaining major trails without increasing cash park fees and designating a portion of the fee for trails , or would it be necessary to wait for a park referendum to pass . Lambert replied that there were several possibilities , including the General Fund, or a portion of profits could be designated from the liquor store revenue . Lambert stated that grants had not been available for years and recommended funding be obtained by a park bond referendum. Anderson believed that trends in the country were changing and that because Jogging, walking, .and biking were increasing in popularity, trailways were just as important as playgrounds and parks . Anderson did not believe trails were as good as they could be . Lambert stated that the only problem areas in the City were along County Road 1, County Road 4, and the undeveloped areas of the City. Lambert commented that Eden Prairie was not lacking trails in City parks . Motion carried 4-1 with Anderson voting "NO" . 2 . Lambert explained what would happen at the meeting with the Park Referendum Committee on January 14 . Lambert presented the Council with names of residents who had expressed an interest to serve on a Bond Referendum Committee , Peterson assigned each Councilmember individuals to call, suggested ,a procedure to fallow to avoid duplication, and stated that each Councilmember would be responsible for 12 recommendations for committee members . Lambert said that a chairperson also needed to be appointed . City Council Minutes 14 January 3, 1989 MnTIQN Harris moved, seconded by Pidcock that Mayor Peterson recommend the Chairperson . Motion carried unanimously. F . NgpoY of Director of Pit blic Works G . Report of Finance Director XIII . NEW BUSINESS, XI V. ApJOU tNMMT Meeting adjourned at 9 : 55 PM. l I