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HomeMy WebLinkAboutCity Council - 09/17/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 17, 2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC SAFETY PUBLIC SERVICE ANNOUNCEMENT VIDEO ON TEEN DRINKING Stephanie Rogers from the Public Safety Department presented a video showing the latest public service announcement on underage drinking. She said the announcement will be played on cable television as well as in drivers' education classes and it is the second of three videos. IV. COUNCIL FORUM INVITATION Mayor Tyra-Lukens stated that Council Forum is held the first and third Tuesday of the month from 6:30 – 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors, please notify the City Manager’s office (at 952-949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Luse added Item XIV.A.1. DISCUSSION ON MUNICIPAL SALES OF TOBACCO PRODUCTS and Item XIV.A.2. DISCUSSION ON A PROPOSED TASK FORCE. Case added Item XIV.A.3. DISCUSSION ON COMMUNITY FEEDBACK ON GRACE CHURCH TRAFFIC. MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES September 17, 2002 Page 2 VI. MINUTES A. JOINT CITY COUNCIL/COMMUNITY PLANNING BOARD MEETING, AUGUST 22, 2002 MOTION: Luse moved, seconded by Mosman, to approve as published, the Minutes of the Joint City Council/Community Planning Board Meeting on held August 22, 2002. Motion carried 4-0. Butcher abstained. B. CITY COUNCIL WORKSHOP, SEPTEMBER 3, 2002 MOTION: Mosman moved, seconded by Butcher, to approve as published, the Minutes of the City Council Workshop held September 3, 2002. Motion carried 3-0. Luse and Case abstained. C. CITY COUNCIL MEETING, SEPTEMBER 3, 2002 MOTION: Case moved, seconded by Butcher, to approve as published, the Minutes of the City Council Meeting held September 3, 2002. Motion carried 4-0. Luse abstained. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. HOUND DOG PET HOTEL by Hound Dog Pet Hotel, L.L.C. 2nd Reading Planned Unit Development District Review with waivers on 1.56 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.56 acres, and Site Plan Review on 1.56 acres. Location: 13013 Valley View Road (East of Children’s World Daycare) (Ordinance No. 22-2002-PUD-15-2002 for PUD District Review, Zoning District Amendment, and Resolution No. 2002-143 for Site Plan Review) C. ADOPT RESOLUTION NO. 2002-144 APPROVING FINAL PLAT OF WELTERS TRAILHEAD D. AWARD CONTRACT FOR FUEL ISLAND CANOPY AT MAINTENANCE FACILITY 15150 TECHNOLOGY DRIVE E. APPROVE TWO-YEAR MAINTENANCE AGREEMENT WITH HONEYWELL FOR WATER SYSTEM CONTROL SYSTEMS F. ADOPT RESOLUTION NO. 2002-145 ACCEPTING LOCAL GOVERNMENT UNIT STATUS PURSUANT TO THE WETLANDS CONSERVATION ACT FOR THE LOWER MINNESOTA RIVER WATERSHED DISTRICT G. ADOPT RESOLUTION NO. 2002-146 APPROVING THE WESTERN AREA FIRE TRAINING ASSOCIATION JOINT POWERS AGREEMENT CITY COUNCIL MINUTES September 17, 2002 Page 3 H. AUTHORIZE THE EXTENSION OF PROFESSIONAL SERVICES WITH KERN, DEWENTER, VIERE, LTD. FOR AUDITING SERVICES FOR THE YEARS ENDING 2002 AND 2003 I. ADOPT RESOLUTION NO. 2002-147 APPROVING AMENDED PROJECT MANAGEMENT AGREEMENT BETWEEN HARTFORD ASSOCIATES, LLC, AND THE CITY OF EDEN PRAIRIE J. ADOPT RESOLUTION NO. 2002-148 CALLING FOR A PUBLIC HEARING NOVEMBER 12, 2002, TO CONSIDER AN AMENDMENT TO TAX INCREMENT FINANCING (TIF) DISTRICT 17 FOR ROLLING HILLS (THE COLONY) SENIOR HOUSING K. ADOPT RESOLUTION NO. 2002-149 DECLARING LISTED PROPERTY ACCUMULATED BY THE POLICE DEPARTMENT AS PART OF MUNICIPAL OPERATIONS AS "ABANDONED PROPERTY” L. ADOPT RESOLUTION NO. 2002-150 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE FOR OCTOBER 15, 2002 M. APPROVE CONTRACT WITH HUBERTY MARKETING RESEARCH TO ASSIST THE CITY IN CONDUCTING A SURVEY OF THE BUSINESS COMMUNITY N. APPROVE ELECTRIC SERVICE AGREEMENT WITH MINNESOTA VALLEY ELECTRIC COOPERATIVE O. ADOPT RESOLUTION NO. 2002-151 APPROVING AMENDMENT TO THE BYLAWS OF THE SUBURBAN TRANSIT ASSOCATION MOTION: Mosman moved, seconded by Case, to approve Items A-O of the Consent Calendar. Motion carried 5-0. Tyra-Lukens announced that at the City Council Workshop, held prior to this meeting, Council discussion was not completed on the proposed smoking ordinance. Therefore, she said the workshop was recessed and will reconvene following this meeting in this chamber. VIII. PUBLIC HEARINGS / MEETINGS A. HERITAGE PRESERVATION SITE ALTERATION (Permit #2002-03-0005) by the City of Eden Prairie. Request for Approval to allow spring improvements, including relocation of the spring stand pipe to a location nearer the creek, construction of a new spring tank, parking area, interpretive sign, and bench seating at Miller Spring. Location: Miller Spring on Spring Road. CITY COUNCIL MINUTES September 17, 2002 Page 4 City Manager Scott Neal said official notice of this public hearing was published in the September 5, 2002, Eden Prairie News and sent to 6 property owners. He said pursuant to City Code, Section 11.05, Subd. 5, permit review, the Heritage Preservation Commission has reviewed a request for a Site Alteration Permit for the Fredrick-Miller Spring, for relocation of the spring stand pipe to a location nearer the creek (east of the present location), construction of a new spring tank, parking area, interpretive panel and bench. Neal said the proposal has been reviewed by the HPC and they recommended it unanimously. He said Staff recommends approval. Case was concerned that water at the site may become undrinkable at some point in the future, and if so, how would it be closed down and signed. Dietz explained that nitrate levels for the well have periodically caused concern in the past, but the goal is to improve the situation there and make the area historically significant and also provide a paved surface that is safe. There were no comments from the audience. MOTION: Butcher moved to close the Public Hearing and approve Heritage Preservation Site Alteration Permit #2002-03-005. Seconded by Case, motion carried 5-0. B. ROLLING HILLS SENIOR HOUSING PUD AMENDMENT by Shelter Corporation. Request for Guide Plan Change from Office to High Density Residential on 1.02 acres, Planned Unit Development Concept Amendment on 1.02 acres, Planned Unit Development District Review with waivers on 1.02 acres, Zoning District Change from Office to RM-2.5 on 1.02 acres, and Site Plan Review on 1.02 acres. Location: Prairie Center Drive and Rolling Hills Road. (Resolution No. 2002- 152 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2002-153 for Comprehensive Guide Plan Change) City Manager Scott Neal said official notice of this public hearing was published in the September 5, 2002, Eden Prairie News and sent to 136 property owners. He said this approved plan is a three-story, 142-unit senior residential building, and a three- story, 17,500-sq. ft. medical office. The senior building is under construction. The amendment is changing the office building to a single story, 22-unit, skilled nursing building. The project will require a guide plan change from Office to High Density Residential. The project also requires waivers for density and parking. The Community Board voted 7-0 to recommend approval of the project to the City Council at the August 26, 2002 meeting. Neal said that changing the guide plan helps satisfy a need for senior health and social services and creates a better visual transition to the townhouses to the east. He said this project will need waivers from City Code, including density from 17.4 to 20.95 units per acre which is a waiver related to the total number of units proposed. Neal said Eden Shores Senior Campus and Realife Valley View Cooperative were CITY COUNCIL MINUTES September 17, 2002 Page 5 approved with similar waivers. The other waiver needed is parking from 2 spaces per dwelling unit to 1.0 spaces per dwelling unit. Neal said this waiver is similar to the parking requirements approved for the Eden Shores Senior project. The senior building under construction adjacent to this project was approved at .7 spaces per unit. Neal said facilities of this nature do not necessitate the number of parking stalls required in the RM-2.5 district, and the parking will sufficiently accommodate resident, visitor and staff parking. Neal stated that Jay Jensen from Shelter Corporation is present tonight to answer questions, if necessary. Franzen said Staff recommendation is for approval for two reasons: to satisfy housing goals of increasing social services to the community and also the transition to the east. He said by increasing berm height and adding trees and changing the building height is for a better visual relationship with nearby properties. Jensen said the buildings have turned out better than expected. He said the onsite rehab center with 24-hour nursing is one of the highlights of the project. There were no comments from the audience. MOTION: Case moved to close the Public Hearing and adopt the Resolution No. 2002-152 for PUD Concept Amendment on 1.02 acres; and adopt the Resolution No. 2002-153 for Comprehensive Guide Plan Change on 1.02 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and authorize Staff to issue a land alteration permit and footing and foundation permit. Seconded by Mosman, motion carried 5-0. C. IMPROVEMENTS FOR PIONEER TRAIL/FLYING CLOUD DRIVE AREA UTILITY IMPROVEMENTS (Resolution) City Manager Scott Neal said official notice of this public hearing was published in a recent, 2002 edition of Eden Prairie News and sent to property owners. He said the feasibility study has been in the development process for several years. The project will provide a segment of trunk watermain for the City along the Pioneer Trail corridor and provide lateral utility service to the existing building areas of Flying Cloud Field, the BFI development on Flying Cloud Drive and the proposed office warehouse development in the northwest quadrant of Pioneer Trail and Flying Cloud Drive. Neal said that City and MAC staff have recently reached a preliminary agreement regarding the benefit to Flying Cloud Field from the proposed utility improvements. This benefit is reflected in the cost-sharing proposals contained within the feasibility study. Through the public hearing process, Council will consider the staff developed cost-shared proposals with MAC and review the appropriateness of the proposed assessments to other properties abutting the improvements. MAC staff and the other property owners have reviewed the feasibility study and indicated their general acceptance. CITY COUNCIL MINUTES September 17, 2002 Page 6 Dietz said there are only five property owners involved in this project. He said this is a project that will build a watermain on Pioneer Trail between Staring Lake Parkway and Flying Cloud Drive, and then along Flying Cloud Drive to the control tower across from the BFI location. He said sanitary sewer will essentially follow those same routes. Dietz said this is a $1,662,000 project which we expect to assess $1,082,000 with the balance of it City cost. He said the watermain in Pioneer Trail will be part of the City's trunk system. He said the City has an arrangement with MAC where it is proposed that the City build a small portion of the project - the area in the northwest corner of Pioneer Trail and Flying Cloud Drive. He said MAC will be the contract administrator for about 85% of the project. He said they will follow the same bidding procedures and processes as the City. He said about 2/3 of the assessable costs are to MAC and the City would then special assess BFI and the other abutting properties. Dietz said the goal is to get watermain and sanitary sewer service to the BFI transfer station site by mid-summer. Case asked if the project is acceptable to Moen property owners. Dietz said they are anxious to proceed. Case asked if the City's $580,000 portion of the contribution would come out of utility enterprise funds. Dietz said it would. Neal pointed out that Staff recommends moving forward with the project. He noted that Dietz has worked closely and cooperatively with MAC on the project. There were no comments from the audience. MOTION: Luse moved to close the Public Hearing and adopt the Resolution No. 2002-154 ordering Pioneer Trail/Flying Cloud Drive Area Utility Improvements. Seconded by Case, motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Luse, Mosman, and Tyra- Lukens voting “aye.” X. ORDINANCES AND RESOLUTIONS A. BLUFF COUNTRY VILLAGE AMENDMENT By Hustad Investment Corp. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres, Planned Unit Development Concept Amendment on 8.8 acres, Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Rezoning from Neighborhood Commercial to Office on 3.0 acres, Site Plan Review on 8.8 acres, and Preliminary Plat of 8.8 acres into 3 lots. Location: Hennepin Town Road and Pioneer Trail. (Resolution No. 2002-155 for Guide Plan Change, Resolution No. 2002-156 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2002-157 for Preliminary Plat) CITY COUNCIL MINUTES September 17, 2002 Page 7 City Manager Scott Neal stated this project was first reviewed at the August 20, 2002 City Council meeting. The City Council closed the public hearing and tabled discussion on the ordinances and resolutions until the September 17, 2002 meeting. This project is an amendment to the approved plan for Bluff Country Village located at the intersection of Hennepin Town Road and Pioneer Trail. A guide plan change from Neighborhood Commercial to Office is proposed for an office building and a daycare. There are waivers from the City Code for building height and floor area for the retail apartment building. Neal said the proposed plan includes 188 total housing units and the approved plan is 161 housing units; 94 townhouses and the approved plan is 97 townhouses; 45,000 sf of retail and the approved plan is 50,000 sf of retail; 94 apartment units located above 28,011 sf of retail located on the west side of Hennepin Town Road and a 3,200 sf restaurant, and the approved plan is 25,000 square feet of retail, 8 senior units, and 16 live work units; a 9,900 sf daycare and 9,000 sf office building located north of the pond on the east side of Hennepin Town Road and the approved plan is 40 senior units located above 11,000 sf of retail. Neal said this project was first reviewed at the June 24, 2002, Community Planning Board meeting meeting. The Community Planning Board voted to continue the project and directed the developer to address the following items: height and mass of the apartment-retail building; location and screening of the outdoor seating area for the restaurant; drive thru and bank options; and berming and landscaping along Highway 169. He said at the July 24, 2002 meeting, the Community Planning Board voted 4-3 to recommend approval of the project based on revised plans, which included the following changes: reduced building height for the commercial-apartment building from 45’- 7” to 39’-3’; roof peak reduced by 10’-8’’; moved the outdoor seating area of the restaurant to the west and screened with 12-foot high conifers; eliminated the drive thru and bank options; on the daycare-office site, added a 4-6 foot berm and 18 conifer trees; increased height of the conifer trees from 7-12 feet; and reduced the size of the office building by 900 square feet and moved all parking to the south side. Franzen said there haven't been changes in the plan and there are three primary reasons Staff recommended it for approval. He said they include the design where a PUD approach was done to give it a custom look; it's a better site plan with a greater separation between the highway and housing; and mitigation of visual and traffic impacts. Tyra-Lukens noted that this is not a public hearing and an extensive presentation, as well as public hearing, took place on this amendment at the August 20, 2002 meeting. Case added that at that particular meeting, 4 Councilmembers were present and the indication was that only 3 would vote in the affirmative, with 4 needed for the vote to pass. MOTION: Case moved to adopt the Resolution No. 2002-1555 for Comprehensive Guide Plan change from neighborhood Commercial to Office on 3.0 acres; and adopt CITY COUNCIL MINUTES September 17, 2002 Page 8 the Resolution No. 2002-156 for Planned Unit Development Concept Review on 8.8acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review on 8.8 acres and Zoning District Change from Neighborhood Commercial to Office on 3.0 acres; and adopt the Resolution No. 2002-157 for Preliminary Plat on 8.8 acres into 3 lots; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. The motion was seconded by Butcher. Luse said he is comfortable with the project, but is concerned about setting a precedent. Case said Council needs to do what is best for the entire City, but also needs to be concerned with the transition of neighborhoods. He said he believes the transitional border is there with this neighborhood. Butcher said she is comfortable with the project. She added that the project is very services oriented which is a plus. Mosman expressed concerns about changing the Guide Plan in return for "desirable architecture." She said other projects are approved and look good without giving something extra. Mosman also said the project is going beyond what it was originally guided for because it has more height, extra units, more mass and more traffic. She said it is not "neighborhood" scale. Tyra-Lukens said the transition of this project is well done and she is comfortable with it. Case noted that every situation is unique and if changes are made to the Guide Plan, it should be understood why they're being made. He said the Guide Plan is a living document should not be changed in any way loosely, but many changes have occurred at this particular intersection causing it to rise to the level of Regional Commercial. Franzen said he views a PUD and a waiver to be unique to each project, and because each project is different, he does not believe a precedent is being set. At completion of discussion, motion carried 4-1. Mosman opposed. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES September 17, 2002 Page 9 1. DISCUSSION ON MUNICIPAL SALES OF TOBACCO PRODUCTS MOTION: Luse moved to discontinue the sale of tobacco products in all municipal liquor stores in the City of Eden Prairie, effective January 1, 2003. Case said it has been discussed to possibly consider using tobacco money as seed money and directly put it back into businesses to help them meet goals set by the City, and to also raise this issue to the State level. He said he's in favor of the cause, but is concerned there has not been enough time for Council to digest it before voting on it. Tyra-Lukens said she is in favor of the motion as stated, but it would have been nice to have it on the table with other things. Luse said this is more of a moral and ethical comment and should stand on its own because it would be consistent with the Council's decision to eliminate teenage access to cigarette machines. He offered to rescind his motion for more discussion, if necessary. Butcher said she supports the motion because she feels it's important that publicly-owned properties should be separated out because they are directly impacted by Council decisions. She said she will support the ban because they are City-owned liquor stores. Mosman pointed out that in procedures for bringing items before the Council, all Councilmembers did agree to the idea that it had to be either two members initiating it or that it would be prior knowledge with information in the meeting packet. She said these procedures prevent surprise votes on potentially controversial items. Luse noted that he did discuss this with Mr. Rosow and City Manager Neal, and he is comfortable with it. Neal confirmed that Luse talked to him and the City Attorney, but it was thought that discussion would take place in the context of the ordinance. Neal said because of the recess, Council did not get far enough in deliberations to discuss this. Butcher said she sees this as a good faith effort on the part of the Council to try to make progress. Tyra-Lukens said she is in favor of the motion. Seconded by Case, motion carried 5-0. 2. DISCUSSION ON A PROPOSED TASK FORCE Luse said there has been discussion on the forming of a proposed task force to look into actions brought forward by a citizen earlier. He said it is an uncomfortable situation with no merit, and borders on the reality of the public forum in that by association, you are guilty. He said what has been brought forward is a question of conduct on behalf of this Council in actions that relate CITY COUNCIL MINUTES September 17, 2002 Page 10 to the smoking ban process. Luse said a press release has been issued asking that a citizens' task force look into the conduct of Councilmembers. Luse said it is his belief that perception is reality and he said the Council has nothing to hide and we need to get out whatever it is, under the guidance of the City Attorney. He strongly urged Council to appoint a task force. Case said this issue has been raised for several months and there have been clear answers from the City Attorney. He said individuals can perceive what they wish, but the City Attorney has said based on Council actions, there is no conflict of interest. He said anyone has the right to question actions of the Council, but it does not mean Council should react when one resident tries to bring to a standstill decisions made for the good of everyone. He said the Council represents the majority of the people. He said Council would be doing an injustice to Eden Prairie's 56,000 residents if they constantly knee-jerk react to what one person brings forth. Luse said the one particular individual represents a group of people. He does not see any personal gain by that individual as it relates to this overall issue - it is a concerned citizen. He said it is a reality that people want to know more about what happened, and it is all about the perception. Butcher said she has not had an opportunity to review the document in question and asked if Mr. Wendorff would submit or has submitted written questions and then have the City Attorney respond in written form. She said she does feel due process needs to be followed with Mr. Wendorff receiving answers to his questions. Butcher added that she supported a citizens task force at the beginning of this process and maybe some of these questions would have been answered if that had happened. Case noted that Mr. Wendorff clearly stated in his presentations that he is speaking for himself. He said he is comfortable with the questions being submitted to the City Attorney for review and answer. Luse said he is concerned that in the past, we have perceptions that are not driven by one individual, but we don't have the access to fully understand the information in past decisions. He said he thinks we have that here, and does not see that as a process that would cost a lot of money. He said if we don't get it out there exactly what it is, it becomes an individual's integrity is questioned. Mosman said there are definite rules about what can be presented in public with respect to personnel issues. She added in this situation, she feels that the questions need to be presented with responses. She said she is in support of questions in written form with written answers. Mosman noted that many hours have already been spent on responding to many e-mails from citizens regarding the issue. CITY COUNCIL MINUTES September 17, 2002 Page 11 Case mentioned that many people e-mail him and he does not plan to release documents that people send to him. He said as a result of Mr. Wiessner’s data request many people may not now feel comfortable letting Council know their personal thoughts because this may be released to the public. He assured residents of Eden Prairie that he will not be the one to release their thoughts and concerns, but they can release anything he sends back. Case said he believes the law says that either party can release it. City Attorney Rosow clarified that correspondence between citizens and public officials is private confidential information, not public information. He said it can be released, however, from either side. Rosow said he is concerned about the process being suggested. He noted that Council has not had a chance to read the document submitted. He said it's not really a set of questions he can sit down and answer, and the problem lies in the word "investigate" when the document talks about "investigating" the ethical and moral conduct of the City Council in response to illegal and improper lobbying of Councilmembers by the American Cancer Society. Rosow said Council has no authority to conduct an investigation into potentially illegal activity of a third party. He said due process says that it's not one of Council's statutory rights to conduct investigations. He said that is properly the right and duty of other officers of the State, from the County Attorney to the Attorney General. He said rules have to be followed to protect due process rights of the parties being investigated. He said empowering a citizens task force with investigative powers is beyond the scope of the Council and would be an unwise use of resources. Tyra-Lukens stated there is nothing to hide and Council is willing to cooperate with any questions from anyone, but she is concerned with the fact that Mr. Wendorff sent this out as a press release prior to finding out if Council could legally act on it. She suggested that Council send out a press release echoing comments from the City Attorney, as well as Council's willingness to cooperate with any questions. Luse said he believes the Attorney General will not respond to a complaint unless a citizen has issued it. He said he is concerned that the press release will be issued tomorrow morning, and he is concerned about the fabric of this town. He asked Council not to add to the confusion. Case said he believes Council should completely answer this in a press release, showing that Council has no legal right to do what Mr. Wendorff's press release is asking. He said because all Councilmembers have said they have no conflict of interest, and actions have been supported by the City Attorney, this is a dead issue. Luse asked Councilmembers to go back to the consistency of his comments as to concerns that have become reality. He said it is a press release that is out CITY COUNCIL MINUTES September 17, 2002 Page 12 there and his point is the process of perception. Tyra-Lukens said Council did not ignore the issue, but assessed it and obtained the Attorney General's opinion. She said Council responded to a request from 1300 people and is doing what should be done by responsible responsive representatives of the people. She said she is not willing to slow down the process to deal with one person's perception of things. She said there is no substance to the allegations. Luse said it is not about questioning anything other than trying to have a vision for the City to see what is coming, and specifically this is a parallel question process to the bigger question that has gone on since April 16 as to whether we have a ban on smoking. He said this is about what he believes that when you put into the equation the political and health issue the other economic issues along with the other rights and choices, he is hard put to know that this is anything other than a very close final decision about being 50-50, depending on how you ask the question. He said this is not about a slowdown, this is about consistency of one individual councilmember who feels very strongly that we started in the wrong direction. He said he is asking Council to separate that from the request here tonight. Tyra-Lukens clarified that not only Councilmember Luse, but all Councilmembers have made public statements and have tried to examine this issue from all points of view. Luse asked if there is another way to address the concern that it is a public document that will be in the media tomorrow. He said this is about what he believes to be an issue of closer to 50-50 on this very important health issue. Case suggested because of legal advice, Council should move forward with this and issue a press release tomorrow. Luse said he would like to honor the request that was brought forward, and he would implore Mr. Rosow to look at it. Neal stated prior to this meeting, Staff had already planned to issue a press release summarizing Council's deliberations. He advised Council that without regard to motives or content, to look at this as a request for public information. He said some of the information is public and requests should follow the standard process governed by statutes. Neal said Mr. Wendorff should be advised of the rules for seeking public information, and he can decide whether he wants to follow those rules. 3. DISCUSSION ON COMMUNITY FEEDBACK ON GRACE CHURCH TRAFFIC Case suggested Staff be directed to look at the traffic impact of the new church and report back to Council. He said there are two issues - westbound CITY COUNCIL MINUTES September 17, 2002 Page 13 traffic being overridden by a police officer on Pioneer Trail at the Spring Road light and also northbound traffic at the Presbyterian church where services let out close to the same time as Grace. Tyra-Lukens said she has heard concerns about traffic stacking up westbound on Pioneer Trail due to the left turn lane when Grace Church is filling. Neal said Staff has been receiving resident concerns about the problems and a meeting with the police department is scheduled with Grace Church officials this Thursday. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:12 p.m.