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City Council - 01/02/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES JANUARY 2, 1990 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 & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Peterson absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Harris moved, seconded by Pidcock to approve the Agenda as published and amended. a MOVE Remove Item B from the Consent Calendar and take action immediately following the approval of the Agenda. Remove Item C from the Consent Calendar and move to Item VI .A. Remove Item H from the Consent Calendar and move to Item VI. B. Motion carried unanimously. Assistant City Manager Craig Dawson read the Resolution of Appreciation for Fire Chief Ron Johnson and presented a copy to Fire Chief Ron Johnson. Councilmember Anderson commended Fire Chief Johnson for his years of service and especially for his organizational skills demonstrated during the 1987 flood. II . MINUTES III . CONSENT GALE DAB A. Clerk's License List City Council Minutes 2 January 2 , 1990 B. Resolution of APRreciation for Fire Chief Ron Johnson (Resolution No. 90-09) (REMOVED FROM THE CONSENT CALENDAR TO IMMEDIATELY FOLLOW APPROVAL OF THE AGENDA) C. Resolution No. 90-01 . Designating the Official City Newspaper (MOVED TO ITEM VI .A) D. Resolution No. 90-02 . Authorizing City Officia s to Transact Banking Business E. Resolution No. 90-03 . Authorizing Use of Facsimile Signatures by Public Officials F. Resolution No. 90-04 , Designating Depositories G. Resolution No. 90-05, Authorizing the Treasurer to Invest City of Eden Prairie Funds H. Resolution No. 09-08. . Regulating Fees and Charges for Business License Permits and Municipal Services (MOVED TO STEM VI .B) I . Proposed Settlement on $taring Lake Amphitheater J. Priority System for Trails K. Eroclamatign for Martin Luther King. Jr. Day (Resolution No. 90-10) ;F s MOTION: s Tenpas moved, seconded by Pidcock to approve the Consent Calendar as amended with the removal of Items B, C, and H. Motion carried unanimously. IV. PUBLIC HEARINGS i A. AMENDMENTS TO CHAPTER 11, ZONING REGULATIONS (Ordinance No. 1-90) i Jullie reported that notice of this Public hearing had been published in the December 20, 1989 issue of the EDen Prairie News. Enger reported a brief history of the rationale for the recommended changes. He added that this was a housekeeping item which would be done annually. i i Pauly noted that a revised copy had been presented to the City Council this evening. There were no comments from the audience. I City Council Minutes 3 January 2 , 1990 MOTION: Pidcock moved, Seconded by Tenpas to close the Public Hearing and approve 1st Reading of Ordinance' No. 1-90. Motion carried unanimously. V. PAYMENT OF CLAIMS NOTION: Pidcock moved, seconded by Tenpas to approve Payment of Claims No. 56459 to No. 56829. ROLL CALL VOTE: Harris, Pidcock, Tenpas, and Anderson all voting "AYE" . VI . ORDINANCES & RESOLUTIONS A. Resolution No. 90-01 . Designating the Official City Newspaper Anderson believed that because the difference in cost and the size of print used by the two local weekly newspapers this item should have further discussion. Anderson added that he was in favor of the City saving money; however, he was also concerned about the extent and methods of distribution. Pidcock asked where the distribution figures had been obtained. Jullie replied that both newspapers had been contacted to provide this information. Anderson asked Mark Weber from the Eden Prairie News if businesses were included in the distribution figure. Weber replied that only the businesses which requested that a paper be delivered or those which advertised in the paper. Anderson asked Betsy Dick from the Eden graairie ,Sailor to clarify its distribution figure. Dick replied that distribution should be throughout the entire City. She added that distribution had been increased by 1600 during 1989. Pidcock asked Dick if she had seen the figures provided to the City. Dick replied no. She added that the paper was delivered to the homes by carriers and knew that not every house always received a newspaper each week. Pidcock believed that because the Eden Prairie Ngws was mailed and not delivered by carriers the distribution was more reliable. Tenpas stated that he enjoyed both newspapers and the different perspective on the issues presented. Tenpas City Council Minutes 4 January 2 , 1990 concurred that the fact that the Eden Prairie News was mailed was an important factor for reliability. Harris concurred that mailing was important when trying to communicate with the residents . Anderson stated that if there were equal reliability in distribution he would consider a change. Harris complimented the Eden Prairie Sailor for its excellent coverage. MOTION. Pidcock moved, seconded by Harris to adopt Resolution No. 90-01, Designating the Eden Prairie News as the Official City Newspaper for 1990. Motion carried unanimously. B. Resolution No. 09-08. Regulating Fees and Charges for Business License Permits and Municipal Services Jullie noted that the resolution► should be amended to change Item 2 . 37 to $760 per residential unit and $2 , 690 per acre for non-residential development, based on the rationale presented in the memorandum dated November 14, 1989 and as reviewed by the Parks, Recreation & Natural Resources Commission. Pidcock asked if a 3% increase in costs had occurred during the year. Jullie replied that land prices had increased along with the cost to improve park lands. Lambert reported that based on information from other k cities the request was reasonable. Tenpas asked if the amount could be increased more. Lambert replied that these figures would still be below Plymouth, but were relatively high compared to some of the other metropolitan area cities. Pidcock noted that by increasing the Cash Park Fee that the price of housing in Eden Prairie would also increase. Lambert stated that based on Council direction in the past the fees were to increase at a gradual rate rather than a large increase. Lambert added that he believed the estimated increases to be conservative. Anderson asked if increases had occurred every year. Lambert replied that small increases had occurred every year for the last 4 years. Anderson then asked how the increase was calculated. Pauly replied that the City Code provided for 10% of the value of the land, which had been based on a Bloomington ordinance. Pauly added that the City Council Minutes 5 January 2, 1990 Supreme Court had ruled that the 10% figure was reasonable. Anderson then asked if the 10% was based on raw land costs. Pauly replied yes. Lambert stated that because the City sometimes took land in lieu of park fees, it was important to be consistent with the formula used. Tenpas stated that even though he did not like to see fees increase, it was necessary due to the limited amount of land available and the cost of that land. Anderson believed that as land values increased it was appropriate to increase the fees MOTION• Harris moved, seconded by Tenpas to adopt as amended Resolution No. 90-08, Regulating Fees and Charges for Business License Permits and Municipal Services . Motion carried unanimously. VII. PETITIONS. REQUESTS & COwIMUNICATIONS VIII. REPORTS OF ADVISORY COMMIS$ ON IX. APPOINTMENTS A. }resolution, No. 90-06. Designating. the Official Meeting Dates, Time d Elace forthe City of Eden Erairie Council in 19990 and appointing the Acting Mayo MMQTION: Pidcock moved, seconded by Harris to adopt Resolution No. 90-06, setting the Official meeting of the City Council on the 1st and 3rd Tuesdays of the month at 7: 30 PM in the Council Chamber of the City Offices and further that at 11: 00 PM a vote shall be taken to determine if the remianing items on the agenda are to be continued and the meeting adjourned or the meeting continued. A unanimous vote would be required to adjourn the meeting . Tenpas recommended that the meetings start earlier. Pidcock and Harris both replied that they could not be present earlier. Anderson stated that he would like to have the meetings end by 11: 00 PM. Harris believed that it was important to look at running the meetings more efficiently. City Council Minutes 6 January 2 , 1990 Anderson believed that the number of times each individual was allowed to speak could be limited. Harris recommended that if the Councilmembers had questions about specific issues that they discuss these with Staff prior to the Council meeting. Anderson recommended that ways to streamline the meetings be discussed at the strategic planning meeting. Motion carried unanimously. B. Resolution No, 90-07. Designatinq a Director and Alternate Director of the Suburban rate Authority for 1990 Anderson recommended Councilmember Tenpas to fill the Alternate position because of the financial nature of this position. MOTION• Harris moved, seconded by Pidcock to appoint Finance Director John Frane as Director and Councilmember Tenpas as Alternate Director during 1990 for the Suburban Rate Authority. Motion carried unanimously. Y C. Association of Metropolitan Municipalities - Appointment 2f 1 Representativ2 and 4 Alternates MOTION: Pidcock moved, seconded by Harris to appoint Mayor Peterson as the representative to the Association of Metropolitan Municipalities and Councilmembers Anderson, Harris, Pidcock, and Tenpas as alternates. Motion carried unanimously. D. ARROintment of 2 Members to the South HenneRin_Human Serviceso two-year a coMmencing Eebruary 1990 (1 Council Representative and 1 City Representative) Tenpas asked Harris if she would be interested in serving again on the South Hennepin Human Services Council. Harris replied yes. Harris commented that because of the programs being cut she did not know how many more years the South Hennepin Human Services Council would be needed. MOTION: Tenpas moved, seconded by Pidcock to appoint Director of Human Resources and Services Natalie Swaggert and Councilmember Harris as representatives to the South Hennepin Human Services Council-. Motion carried unanimously. City Council Minutes 7 January 2 , 1990 a E. Appointment of City Attorney for 1990 MOTION: Tenpas moved, seconded by Harris to appoint Roger Pauly and the firm of Lang, Pauly, and Gregerson, LTD as the City Attorney for 1990 . Motion carried unanimously. Pidcock commended City Attorney Pauly for his service to the City. F. Aippointment of gity Auditors for 1989 Calendar Year MOTION: d Pidcock moved, seconded by Harris to appoint the firm of Fox, McCue, and Murphy as the City Auditors for the 1989 calendar year. Motion carried unanimously. X. REPORT'S OF OFFICERS. ROARDS & COMMISSIONS 8 4 A. Reports of CouncilmeAbers 1 . Earth Wee x a Anderson recommended that the week of April 21 through April 28 be established as Earth Week in Eden Prairie. MOTION: Pidcock moved, seconded by Harris to designate the Week of April 21 through the 28th as Earth Week in Eden Prairie. Motion carried unanimously. B. Report of rty Manager 1 . Set Tugsday. FebXuary3 90 6: 00 PM as pate tQ Interview Candidates for Boards and gommissions NOTION: Pidcock moved, seconded by Tenpas to set Tuesday, February 27, 1990 at 6: 00 PM to interview the candidates for Board and Commission positions. Motion carried unanimously. 2 . Setdates for Strategic Planning MOTION: Tenpas moved, seconded by Pidcock to set January 24 , 1990 at 6: 00 PM for the Strategic Planning Session. Motion carried unanimously. City Council Minutes 8 January 2 , 1990 3 . Set Board of Review meeting for Thursday, April 19 , 1990, 7 : 00 PM and Reconvene Date for Tuesday. May 8, 1990 MOTION: Tenpas moved, seconded by Pidcock to set Thursday, April 19, 1990 at 7:00 PM and May 8, 1990 for the meeting of the Eden Prairie Board of Review. Motion carried unanimously. C. Retort of City Attorney City Attorney Pauly requested at closed meeting to discuss the litigation on the landfill issue. D. Report of Director of Planning E. Director of Parks. Recreation & Natural Resources F. Re2ort of Directgr of Public works G. Report of Financa Director XI . NEW BUSINESS XII. ADJOURNMENT MOTION: Tenpas moved, seconded by Harris to adjourn the meeting to a closed session at 8:27 PM. Motion carried unanimously. The executive session, in which matters relating to the City's litigation regarding the proposed expansion of the Flying Cloud Sanitary Landfill , adjourned at 10: 17 PM. i r