HomeMy WebLinkAboutCity Council - 03/06/2001 APPROVED MINUTES
EDEN PRATR E CITY COUNCIL
TUESDAY,MARCH 6,2001 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan
Mosman, and Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director
Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz,
Community Development and Financial Services Director Don Uram, Management Services
Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Harris called the meeting to order at 7:08 p.m.
H. PLEDGE OF ALLEGIANCE
M. COUNCIL FORUM INVITATION
Mayor Harris said Council Forum is held the first and third Tuesdays of the month from
6:30—6:55 p.m. in Heritage Room H. This will be scheduled time following City Council
Workshops and immediately preceding regular City Council Meetings. It is important if
you wish to visit with the City Council and Service Area Directors at this time that you
notify the City Manager's office by noon of the meeting date with your request.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Butcher added an update on Human Services, Tyra-Lukens added a report on Southwest
Metro and information about an up-coming meeting, and Mosman added an item about a
traffic problem, all under MR.A. Reports of Councilmembers
MOTION: Butcher moved, seconded by Case, to approve the agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 20,2001
Mayor Harris made a correction to the last line on page 1, which should read". . .
data gathered from the applicants for Council review." Case made an addition to
the second paragraph on page 3. The response to the inquiry by Case should be
"Mayor Harris replied there was none."
MOTION: Case moved, seconded by Mosman, to approve the minutes of the
Council Workshop held Tuesday, February 20, 2001 as published and amended.
Motion carried 4-0,with Tyra-Lukens abstaining due to her absence.
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March 6,2001
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 20,2001
Mayor Harris made a correction to the third line on page 11, which should read
"He and Mayor Harris had proposed a Park Historical Facilities and a Capital
Improvement Plan Task Force . . ."
MOTION: Butcher moved, seconded by Case to approve the minutes of the City
Council Meeting held Tuesday, February 20, 2001 as published and amended.
Motion carried 4-0,with Tyra-Lukens abstaining due to her absence.
VI. CONSENT CALENDAR
A. SCHLOTZSKY'S DELI (OFFICE DEPOT) by Midwest Expansion Ltd. 2nd
Reading for Planned Unit Development District Review with waivers on 4.19
acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19
acres, and Site Plan Review on 4.19 acres. Location: 11609 Leona Road.
(Ordinance No. 9-2001-PUD-5-2001 for Zoning District Amendment and
Resolution No.2001-41 for Site Plan Review)
B. ADOPT RESOLUTION NO. 2001-42 APPROVING THE FINAL PLAT OF
AMERICAN LUTHERAN CHURCH 4'ADDITION
C. ADOPT RESOLUTION NO. 2001-43 APPROVING THE FINAL PLAT OF
BEARPATH TOWNHOMES 10TH ADDITION
D. ADOPT RESOLUTION NO. 2001-44 APPROVING THE FINAL PLAT OF
AZTEC TOWN OFFICE PARK
E. ADOPT RESOLUTION NO. 2001-45 APPROVING THE FINAL PLAT OF
OFFICE DEPOT ADDITION
F. ADOPT RESOLUTION NO. 2001-46 SUPPORTING STATE
LEGISLATION ON RESTRICTING THE USE AND SALE OF
PHOSPHORUS LAWN FERTILIZERS
G. APPROVE 2' READING OF ORDINANCE NO. 10-2001 AMENDING
CITY CODE SECTION 2.27, RELATING TO BOARDS AND
COMMISSIONS
H. APPROVE CHANGE ORDER NO. 1 FOR EMERGENCY VEHICLE PRE-
EMPTION PROJECT
I. APPROVE THE AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SEH TO DEVELOP ACCESS CONCEPTS TO THE
MARKET CENTER AREA FROM I-494
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March 6,2001
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MOTION: Butcher moved, seconded by Tyra-Lukens to approve Items A-I on the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. SUNNYBROOK PLACE by Baton Corporation Request for Planned Unit
Development Concept Review on 7.71 acres, Planned Unit Development District
Review with waivers on 7.71 acres, Zoning District Change from Rural to RM-
6.5 Zoning District on 7.71 acres, Site Plan Review on 7.71 acres, and
Preliminary Plat on 7.71 acres into 14 lots. Location: Sunnybrook Road.
(Resolution No. 2001-47 for PUD Concept Review, Ordinance for PUD
District Review and Zoning District Change, and Resolution No. 2001-48 for
Preliminary Plat)
Enger said official notice of this public hearing was published in the February 22,
2001, Eden Prairie News and sent to 37 property owners. At the February 6
meeting, the City Council voted to continue the project to the March 6, 2001
meeting. The City Council directed the developer to relocate the NURP pond and
eliminate the units closest to Highway 212 and for staff to work with the
developer on these changes.
Randy Zejdlik of Baton Corporation said he is proposing to develop 7.71 acres,
and to build 13 one-level townhomes on the site, with a density of less than 2.2
units per acre. The townhomes would have 1,460 square feet on the main level
and an additional 1,200 square feet on the lower, unfinished level. Prices will
start in the range of$220,000. He has requested a zoning district change from
Rural to RM-6.5. He was eliminating the units on the west side of the property
near Highway 212 and has relocated the NURP pond to the wetland area adjacent
to Sunnybrook Road.
Zejdlik requested Council to consider not requiring his development to assume
the cost of bringing the sanitary sewer line to the north edge of the property, in
light of the fact that he had removed three units from his development. The other
option would be there is a little bit of room on the north side for a couple of units,
which would help them to offset the cost of providing that sewer line.
Franzen said City staff recommended approval of the revised plan, subject to a
conservation easement over the wetland, the wetland buffer and the land adjacent
to Highway 212. In addition, he had received a letter from Libby Hargrove,
12640 Sunnybrook Road, stating she approved the new plan. She did question the
size of the sewer pipe and placement of the NURP pond, which Mr. Dietz would
be better able to answer, and asked for a six-foot privacy fence around her
property. Franzen said the City does not ordinarily require the installation of
fences for transition between twin homes and single-family homes; instead it
usually requires additional landscaping placed between the different land uses.
Mayor Harris asked if anyone would like to address the Council on this proposal.
No one did.
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March 6,2001
Page 4
MOTION: Butcher moved, seconded by Case, to close the public hearing; and
adopt Resolution No. 2001-47 for PUD Concept Review on 7.71 acres; and
approve 1st Reading of the Ordinance for PUD District Review with waivers and
Zoning District change from Rural to RM-6.5 on 7.71 acres; and adopt Resolution
No. 2001-48 for Preliminary Plat on 7.71 acres into 14 lots; and direct Staff to
prepare a Developer's Agreement incorporating Board and Staff
recommendations. Discussion followed.
Case said he liked the plan and most of the concerns he had have been addressed.
However,he wanted to know why the sewer pipe has to go through this particular
parcel, and if it could it be run through Lee Smith's parcel instead. He wondered
why the sewer pipe has to destroy wetland in order to take it through this
developer's parcel instead of connecting to the end of the sewer line about 20 feet
from Lee Smith's property. He asked for an explanation as to why the City has a
stubbed-in road up to the Williams property, where the sewer line has to be 20
feet from the edge of the property,yet the City is going to destroy wetland to take
it straight through the middle of the wetland. Also, the statement on the green
sheet states "Wetland fill has increased from 16 to .26 acres (11%)." Case said
this appeared to him to be a 62 % increase, unless staff figured it some other way.
In terms of hard acreage, they are getting a lot for it, but they have significantly
chosen to fill additional wetland.
Dietz replied each time a project came in along Sunnybrook Road, City staff
investigated where they could stub into the Williams property. Each time they
have determined the best location to put the sanitary sewer to serve the west end
of what they refer to as the William property, although there is other property
also. There is a low area that runs north from this wetland, and the City has to
service what is on the west side of that. This is the best way to do this without
making extra deep cuts from Princeton Road to serve the west end of the property,
because it needs to run to the east. This is the plan the City has been working on
when they have reviewed the last two-to three developments.
Case asked if going through the Lee Smith property next door would not address
the issue of meeting the most western properties to the north of this one. Dietz
replied it could, but running north from the wetland that is on the north side of
these townhomes is a low, dry area. The City would have to go through this
property as well to get from the property next to Lee Smith's. It is possible that
could have been done but they didn't do it at that point. The sanitary sewer has
been stopped short of the end of the road, and the road is now in. It would add
extra expense, and probably is not the best way to service the west edge property
along Highway 212. The pipe would run 190 feet through wetland. Dietz wanted
to assure everyone that after the first season he didn't believe anyone would
realize a sanitary sewer has gone through there; no disturbances will be evident.
The City can and will restore that all along the edge of where the sanitary sewer
goes next to the restoration site.
Case said he was always concerned when a new development goes in next to
someone who is already there. The City should be sensitive to their concerns.
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March 6,2001
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Libby Hargrove will have eleven neighboring houses after this development is
built. He was not sure that asking for a fence to be put in around her property is
asking too much. It would mitigate the effect of those eleven homes.
Mosman said perhaps they could build a fence that was not too expensive and also
increase the landscaping.
Butcher said Mrs.Hargrove has asked for a six-foot privacy fence.
Mayor Harris said that would need to be added as a Council condition to the main
motion.
AMENDMENT TO MOTION: Butcher moved, seconded by Case, to amend
the main motion to include the Council condition of adding a six-foot fence
around the Hargrove property. Amended to the motion carried 5-0.
The main motion carried 5-0.
B. 2001 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
(CDBG)RECOMMENDATIONS (Resolution No. 2001-49)
Enger said official notice of this public hearing was published in the February 22,
2001,Eden Prairie News.
Uram said the Human Service Review Committee reviewed the 2001 Community
Development Block Grant (CDBG) proposals and recommended the following
activities be funded:
Public Service Activities(15%cap) Level City Priority
1. Child Care Program(Subsidy) $ 18,091 High
2. Household&Outside Maintenance for Elderly(HOME) $ 10,320 High
3. Mortgage Foreclosure Prevention $ 3,204 High
4. Home Line—Tenant's Advocacy Service $ 4,004 High
Sub Total $35,619(15%of total)
Housing Activities Level City Priority
5. Housing Rehabilitation Deferred Loan Program $50,000 High
6. Affordable Rental Housing Land Acquisition $151,844 High
Sub Total $201,844(75%of total)
Grand Total $237,463
Tyra-Lukens asked why the same organizations show up on the list every year-if
there was direction from the County or long-term commitments to these
organizations.
Butcher replied there are no long-term commitments. The Human Service
Review Committee reviews them annually. She also serves on the Family Board
so she sees where the money is going. They try to have a number of people
involved in both groups so they can keep comprehensive services.
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March 6,2001
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Tyra-Lukens asked if the committee reviews many more organizations than the
six being funded.
Butcher said yes, each of these groups is assessed to see how the money is being
used and if the uses are worthwhile. The committee does that more than once a
year.
Mayor Harris asked if anyone wished to speak to the proposed funding.
Carla Jacobson, with the Greater Minneapolis Day Care Association, thanked the
Council for its continuing support for the Child Care Program. They have served
nine families and will be serving more. Right now there is not a waiting list. The
money is used to help low-income families defer the cost of child care. Ms.
Jacobson asked Councilmembers to call her any time if they have concerns, or
they want her to address the Council to tell them more about the program.
Sherry Bruckner said she is one of the Home Line staff attorneys. She thanked
the Council for consideration of their grant application and for supporting the
organization.
Mark Matasovsky, a resident of Eden Prairie, is on the Board of Directors of the
Community Action Agency for Suburban Hennepin County, CAASH. He
thanked the Council and said they appreciate its continuing support.
MOTION: Tyra-Lukens moved, seconded by Butcher, to close the Public
Hearing; and adopt Resolution No. 2001-49 approving the use of funds for the
2001 Urban Hennepin County Community Development Block Grant (CDBG)
program as recommended by the Human Services Review Committee. Motion
carried 5-0.
VIH. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Mosman,to approve Payment of Claims. Motion
was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and
Harris voting"aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
M. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XH. APPOINTMENTS
A. 2001 BOARD OF REVIEW
Enger said the Board of Review will be holding meetings in April. They usually
meet twice. The proposed members for Council approval are experienced real
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March 6,2001
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estate professionals with knowledge of the southwest metro area. They have been
contacted and are willing to serve.
MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint to the Board of
Review: Mike Best, Judy Ilstrup, Doug Malam, Annette O'Connor and Patricia
Pidcock for the period of April 5, 2001 through April 24, 2001. Motion carried
5-0.
B. BOARDS AND COMMISSIONS
Enger explained Randy Foote has served two three-year terms. He was originally
appointed in March of 1994 on the City's Planning Commission and then to a
one-year term on the Community Program Board. His reappointment requires a
unanimous vote of the City Council.
MOTION: Mosman moved, seconded by Butcher, to appoint to the Community
Planning Board Randy Foote—Term to expire 3/31/2004. Motion carried 5-0.
Mayor Harris said the Council deeply appreciates his years of service.
C. CHAHZS AND VICE-CHAIRS TO THE BOARDS AND COMMISSIONS
Enger said the City Council had a meeting at which they discussed potential
Chairs and Vice Chairs. The Council suggested staff check with them to see if
they are willing to serve. Enger said all potential candidates have been contacted
and are willing to serve.
MOTION: Butcher moved, seconded by Tyra-Lukens, to appoint Franz
Corneille — Chair and Ray Stoelting — Vice Chair of the Community Planning
Board; to appoint Cliff Dunham—Chair and Bill Ford—Vice Chair of the Board
of Appeals and Adjustments; to appoint Lori Peterson-Benike — Chair and Art
Weeks — Vice Chair of the Heritage Preservation Commission; to appoint Kim
Teaver — Chair and David Larson — Vice Chair of the Parks and Recreation
Citizen Advisory Commission; to appoint Harry Moran—Chair and Philip Young
—Vice Chair of the Human Rights and Diversity Citizen Advisory Commission;
to appoint Munna Yasiri—Chair and Dick Brown—Vice Chair of the Community
f Program Board; and to appoint Patricia Pidcock — Chair and Mike Best — Vice
Chair of the Board of Review.
Motion carried 5-0.
D. HIGHWAY 169 CORRIDOR COMMITTEES
Enger said in a similar fashion to the Management Plan that is to be developed for
TH 212, MnDOT has established TH 169 as an interregional corridor from I-494
to Mankato. Through a coordinated committee structure, MnDOT intends to
develop a management plan to develop a common vision in management
approach for the corridor. The requested action is to designate a Councilmember
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March 6,2001
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to serve at the policy level and a staff member to serve at the technical advisory
level.
Mayor Harris said she would like to appoint Councilmember Ron Case to the
Policy Advisory Committee and the Traffic Engineer to the Technical Advisory
Committee.
MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint
Councilmember Ron Case to the Policy Advisory Committee (PAC) and the
Traffic Engineer to the Technical Advisory Committee (TAC) for the TH 169
Corridor Management Plan. Motion carried 5-0.
E. CITIZEN REPRESENTATIVE TO SOUTHWEST METRO TRANSIT
COMMISSION
Enger said Ross Thorfinnson, Jr. recently resigned as the Citizen Representative.
The person appointed would fill his unexpired term ending December 31,2002.
Mayor Harris said she would like to appoint an individual who is a citizen of
Eden Prairie and has expressed an interest in serving on this commission.
MOTION: Harris moved, seconded by Butcher, to appoint Alan Calendar to
Southwest Metro Transit Board as Eden Prairie Citizen Representative to fill the
unexpired term to end December 31,2002. Discussion followed.
Case said he believed when the Council appointed Ross Thorfimnson it had
something to do with having two Councilmembers on this Commission, and that
' still made sense, the rational being that the development of the transit hub site
necessitated increased involvement.
Mayor Harris said she believed they could handle that appropriately without
having two Councilmembers on the commission. The other communities have
one Councilmember and Eden Prairie had two. The Council has talked about
having more citizen involvement. Mr. Callander's interest in the City goes back
to 1990 when he served on the Eden Prairie Building Code Board and most
recently as a member of the Third Rink Task Force. She believed he would
represent the City well.
Tyra-Lukens said, as Chair of the Southwest Metro Transit Commission, she
recognizes the importance of the critical issues Southwest Metro is facing now
and the same issues that led them to appoint Ross Thorfinnson last year still
pertain. Members of the Commission from Chanhassen and Chaska recognize
that 75 percent of the money and ridership come from Eden Prairie. One critical
issue is development of the site, which has more impact on Eden Prairie than on
the other communities. As Chair of the Commission, she appreciates the clout a
Councilmember brings to this issue.
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March 6,2001
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Tyra-Lukens said there are also a number of important legislative issues coming
up. She spent the day at the Legislature discussing this and she believed having
another Councilmember involved would be important. One issue facing
Southwest Metro Transit is HOV lane maintenance, another is closing the
Crosstown and possibly the Crosstown and I-494 being closed simultaneously,
and another is expansion of the transit taxing district. One-third of riders are from
Bloomington, Hopkins Shakopee, and Minnetonka within the taxing district,
whose tax dollars are not coming to the Southwest Metro to help subsidize the
cost of their rides. Another issue is regional bonding to provide for additional
buses and renovating the equipment. For these reasons, it would be helpful to
have another Councilmember involved. Tyra-Lukens said her choice for this
position would be Ron Case, who has been an alternate to the Suburban Transit
Association in the past. She was sure the Commission would not have a problem
with having another Councilmember from Eden Prairie.
Butcher stated that since the City provides about 75 percent of the funding,
perhaps there is room for both a Citizen Representative and a Councilmember.
She believed Eden Prairie should be more heavily weighted on the Commission.
Mayor Harris said that would require a change in the Joint Powers Agreement.
Eden Prairie's citizens have served the City extremely well. Since the majority of
riders come from Eden Prairie,the opinion of a citizen would be important to give
a rider's insight from the larger community.
Tyra-Lukens said the way Southwest Metro is set up, there are elected officials
from each of the three community, then each city can elect one additional person,
and then a seventh is a rider representative, which is currently from Eden Prairie.
Chanhassen has appointed a person who owns a business in Eden Prairie, so Eden
Prairie is well represented on the Commission.
Mayor Harris said Mr. Callander is a businessman who has businesses in Eden
Prairie, Chanhassen and Victoria, so he is very much aware of the issues of
getting employees to points where they can be gainfully employed.
Motion defeated 3-2, with Harris and Butcher voting "aye", and Case,
Mosman and Tyra-Lukens voting"nay."
MOTION: Tyra-Lukens moved, seconded by Mosman, to appoint Ron Case to
Southwest Metro Transit Board as Eden Prairie Citizen Representative to fill the
unexpired term to end December 31,2002. Discussion followed.
Butcher said she would like to be appointed to the Commission. She said she has
an interest in transit and presumed she has a more flexible schedule than
Councilmember Case to go to the Capitol. She felt strongly about having
sufficient representation, considering how much of the budget is covered by Eden
Prairie. Also, she has worked with the staff at Southwest Metro Transit
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Motion carried 3-1-1, with Case, Mosman and Tyra-Lukens voting "aye",
Butcher voting"nay" and Harris abstaining.
X H. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Update on FamiLink—Councilmember Butcher
Butcher reported that FamiLink, a Human Services agency, had moved to
new space in the City Center on March 1. Management Services made
750 square feet available on the lower level near PROP. This move is
expected to streamline the City's delivery of services to meet the needs of
persons seeking them. As a Councilmember she was pleased to see the
creative use of resources to meet these needs. This also complements the
City's Strategic Plan.
Tyra-Lukens asked if this is the same space that was used by the Eden
Prairie Foundation Office and if it is also moving in there. Butcher replied
it is the same space, but the Board of Directors is not meeting there any
longer. The Foundation will have a table in the office, but the Board of
Directors is meeting in the education building.
2. Meeting on Linking Performance Measures to Budget —
Councihnember Tyra-Lukens
Tyra-Lukens said she had received notice of a meeting about linking
performance measures to the budget, which Councilmembers had
discussed earlier in the year, and she hoped one of them would be able to
attend.
3. Southwest Metro Transit Report—Councilmember Tyra-Lukens
Tyra-Lukens reported she had spent the day at the Capitol with Len
Simich, Southwest Metro Director, talking to legislators. They discussed
the issue of HOV lanes, which give transit a huge advantage, and how the
loss of HOV lanes would impact transit financially in terms of having to
purchase additional buses. Southwest Metro has twelve buses covering
two routes. If it were to lose the advantage of the HOV lanes, it would not
be able to turn six of those buses around in time to pick up more
passengers. They also talked about possibly getting the Transit Taxing
District increased, which would make other cities pay taxes for transit
services. They also talked about the importance of MnDOT making a
concerted effort to coordinate the closing of Crosstown and I-494 with
transit. MnDOT should not assume people could just take buses to work,
because right now the buses are at full capacity. Tyra-Lukens asked the
Councilmembers to talk to legislators about some of these issues.
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4. Cost Estimate Request for a Pedestrian Bridge over Scenic Heights
Road—Councilmember Mosman
Mosman asked Dietz for a cost estimate to build a footbridge over Scenic
Heights Road near School Road where the Central Middle School and
Central Kindergarten Center are located. There have been many accidents
in this area. Two residents have called her about how to make it safer.
They would like to see a footbridge over Scenic Heights Road near School
Road. Mosman said a stop sign would be another alternative.
5. Council Workshop with Carl Neu—Mayor Harris
Mayor Harris said at the February 20 Council meeting they asked staff to
return with a potential date when Mr. Neu would be available for a
seminar with the Council on strategic leadership and Council
effectiveness. Mr. Neu indicated he is available on Tuesday, March 27.
Mayor Harris proposed the Council have an in-town retreat on that date
from 3:00 p.m. to 9:00 p.m. at the City Center.
MOTION: Mosman moved, seconded by Butcher, to set aside Tuesday,
March 27, 2001, from 3:00 p.m. to 9:00 p.m. and invite Carl Neu to speak.
Motion carried 5-0.
6. Leadership Events with Clay Jenkinson—Mayor Harris
Mayor Harris said Clay Jenkinson has been hired to speak at the Boards
and Commissions Recognition Dinner. She recommended he be invited to
also speak at a leadership event the day before, with Council, staff, and
invitees from the community. Mayor Harris heard Mr. Jenkinson talk
about Thomas Jefferson and leadership. He dresses and speaks as if he
were Jefferson, and answers questions from the audience in the way
Jefferson would have addressed them. He can also personify other
historical characters. She asked Councilmembers to identify two they
believed would be of interest. She would recommend one be on
"Jefferson and Leadership."
Enger said Thursday, April 19, is the date of the recognition dinner. The
day before is open for the leadership event. Staff from the School District,
Board members,the business community, as well as the Council, staff, etc.
could be invited.
The consensus was that the second presentation by Mr. Jenkinson should
be on"Jefferson and Change."
7. Community Survey Results to be Presented March 20—Mayor Harris
Mayor Harris said at the Council Workshop on March 20 the Council will
receive the final survey results. In order to receive the fall benefit of the
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Page 12
presentation, she suggested the Community Program Board be invited to
attend also.
A. REPORT OF CITY MANAGER
1. Community Survey Results for Question 12 — Most Important
Challenges
Enger said the City Council directed the Manager to obtain early results
for Question 12 of the Community Survey that dealt with the most
important issues or challenges facing Eden Prairie over the next three- to
five years. Council received the "first cut" of this information on
February 20, and the final results for Question 12 are now available.
The survey team, including Councilmembers Tyra-Lukens and Butcher
will be working with the consultant, Wirthlin Worldwide, to complete the
final report on the entire Community Survey for presentation to the
Council at its Workshop on March 20, 2001. The consultant will be
making a presentation at the March 20 Workshop and will be available to
answer any questions from the City Council.
Question 12: Thinking about Eden Prairie in general, of the following,
what are the three most important issues or challenges that the City will
face over the next 5 years? Following are the answers from 3,178
responses, in order of priority.
Affordable taxes/Balance of public services and property taxes 60%
Traffic congestion/Inadequate road system 58%
Preservation of open space 38%
Expansion of Flying Cloud Airport 30%
(Among homeowners, 31%vs 16%for renters)
Wetland protection and water quality 25%
Affordable housing 20%
(Among renters, 70%vs 16%for homeowners)
Maintaining a sense of community 17%
Development of a"downtown" area 17%
Crime/Public safety issues 15%
Public transportation 10%
B. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
C. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
D. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Process Alternatives for Infrastructure Development on Eden Prairie
Road South of Riley Creek
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Dietz said at the February 6 City Council meeting some issues were
identified that would be forthcoming regarding Eden Prairie Road south of
Riley Creek. The Council had asked that he develop some alternatives
that could be utilized for public input and decision-making.
1. Traditional Approach. The developer would have neighborhood
meetings and then would go through the Planning Board and City
Council. The developer would initiate a petition process that would
potentially result in Council ordering a feasibility study on road
improvements.
2. More Formal Process. Specific staff members would attend
developer-held neighborhood meetings, which could be expanded to
include a discussion of utility and infrastructure needs for the entire
service area. Staff would field questions regarding the development.
3. Workshop Meeting with Neighborhood. Council could meet with the
neighborhood to discuss issues that involve the service area. However,
a workshop-length meeting is unlikely to satisfy that need, but the
meeting could focus on identification of the public involvement
process to reach solutions.
4. Sector Council Meeting. A special Council meeting that is held within
a neighborhood. The Cedar Hills Golf Course Clubhouse has been
offered as a meeting site. The purpose of the meeting would be to
solicit input from approximately 40 property owners. There may be
more time to go through the process and field questions.
5. Special Council Meetings at City Center. These would be set up for
discussion of neighborhood issues to be held at the City Center.
6. Task Force Options. At some point in the process Council could
decide to establish a task force to work with staff to resolve specific
issues.
Dietz said regardless of which alternative the Council chooses, there
would be a process to follow for assessment improvements. He said there
are some potential development projects ready to go, and he would like to
begin some process as soon as feasible.
Butcher said she believed all these approaches could be used for different
purposes. In addition to these formats, a communication plan is pivotal,
no matter which format is used. E-government communication skills
should be utilized. People want to be informed. The City has learned
from the Community Survey that people are very comfortable using the
electronic medium, and the Web site is important for dissemination of
information.
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March 6,2001
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Mayor Harris asked if Councilmembers had a preference for any of these
options.
Case said he agreed with Councilmember Butcher about using e-
government for communication. Every new development that comes
before the Council needs a creative approach because there are so few
areas left to develop and other developments nearby have to be
considered. Case said perhaps a part-time person could be hired to
transmit communication back and forth between neighborhoods and the
City staff and walk people through the process. This particular
neighborhood project needs alternative number 4. There is a need to walk
with neighbors through the project, followed by a meeting with the
neighborhoods to connect with them. Also, a workshop meeting would be
valuable. He recommended starting with alternative number 4, and then
go to 3 and 5. He would like to use task forces for policy issues, not for
this type of problem-solving neighborhood issue.
Enger said he was not sure that a staff position would be warranted,but he
understood Councilmember Case's issue. That work of neighborhood
contact could be included in the consultant's scope of work. He asked for
just one alternative to be selected.
Mayor Harris suggested they could try alternative number 4.
Case said the Council's goal should be known and discussed with the
people they are going to meet with, which should be for education,
information and listening, and not for the Council to be decision-makers in
that environment.
Mosman said she also thought a person should be available to
communicate with neighborhoods. This matter comes up constantly when
talking to people. Councilmembers can't go out all the time to meet with
the neighborhood. She believed a task force of neighborhood people with
a staff liaison would be a great idea. A consultant doesn't know the
system and the City, so she would like someone from City staff to be a
liaison.
Case said perhaps there could be a contact person who is available to visit
the site, talking to people, to connect with City engineers, to get facts, etc.
Councilmembers are often hearing from residents that there is a disjointed
message getting out from the City.
Enger said having a designated project person makes sense. The City
should try a different way of handling communications and this project
would be a good one to try out ideas. There is a disconnect in
communication and the City needs to resolve that problem.
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March 6,2001
Page 15
Butcher said she believed the staff lead approach should be tried. Also,
the City agreed in 1997 to a policy on development of the southwest area.
She believed that information should go on the City's Web site. A lot of
people don't know what that policy is, and that information should be
disseminated.
Tyra-Lukens said she preferred the sector Council meeting approach. She
would rather see staff lead and not spend money on an additional staff
person.
Dietz said the Council seemed to be focused on the sector Council
meeting. He asked when that meeting could be held. The meeting would
take two-to three hours. The developer would like to get started.
Enger said he believed the developer has been meeting individually with
neighbors who would be affected by the development, but he has not had
neighborhood meetings.
Enger recommended holding the sector Council meeting on Tuesday,
April 24,2001. There was consensus to meet on that date.
E. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
F. REPORT OF MANAGEMENT SERVICES DIRECTOR
G. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
A. COUNCIL DISCUSSION OF OPTIONS FOR OPPOSING FLYING
CLOUD AIRPORT EXPANSION
Enger said the purpose of tonight's meeting is for the purpose of discussion to
consider what course of action should be taken in opposing the proposed
expansion of Flying Cloud Airport. The Council held a special meeting on
February 10, to which a select number of persons and agencies were invited to
present strategies for opposing the expansion. This was followed by a closed
session and at that time Council set this meeting to discuss all options.
MOTION: Butcher moved, seconded by Case, to retain Peter Kirsch to serve as
Special Counsel to the City of Eden Prairie, under the direction of the City
Manager and the City Attorney, at a cost not to exceed $40,000, unless otherwise
specifically authorized by the Council, for the purpose of developing a
' comprehensive strategy memorandum evaluating the City's options in opposing
the expansion of the Flying Cloud Airport and increasing the City's leverage over
the airport expansion plans, including but not limited to the viability of adoption
of local ordinances, negotiation of intergovernmental agreements, participation in
the environmental review process, administrative regulatory solution, legislative
CITY COUNCIL MINUTES
March 6,2001
Page 16
solution, political solution, litigation, and recommend a plan of action.
Discussion followed.
Mayor Harris said that does address all the issues that were discussed in the
closed session on February 10. The City has arrived at the point where it is
prepared to take action.
Butcher said she believed that after they get this information from Peter Kirsch,
the City will be able to make an overall comprehensive and strategic plan to deal
with airport issues, and not do it on a piecemeal basis. Councilmembers need to
develop a blueprint on how to achieve the goals they set on what they want the
airport to be in the future. How to protect the City's water and land, even with the
current airport operation, how to impose measures such as storm water
management, sanitary sewer and wetland protection. What about the physical
character of the airport? If left without any improvements at all, the airport
someday could become a blight on the City's landscape. The City needs an
overall vision of what it wants for the airport. Councilmembers need to define
what they want for the residents, how they will compromise, how they will
negotiate and where they want to be at the end of the process.
Case responded the Council has publicly stated that it doesn't want the airport to
expand beyond its current status. They need to concurrently seek an attorney to
determine legal options, and also send out a public relations firm to look at other
reliever airports, make alliances, and begin a legislative lobbying effort.
Whatever advice they get from the legal firm has to go hand in hand.
Motion carried 5-0.
Butcher said she believed they need this overall strategic plan and Council needs
to discuss what that plan will be. They need to gather information to put that plan
together. They need a solid plan that they can all embrace.
Case said he agreed.
MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to seek out a
public relations firm to represent the City's interests and perspectives to the
following constituencies — communicating with the City's residents, networking
with the other reliever airport communities, seeking out alliances and initiating a
lobbying effort with the Legislature.
Discussion followed.
Mosman said she liked the idea of using a public relations firm. She asked for an
oversight committee that would meet with this public relations firm and have
someone on the committee report back to the Council after every meeting. She
recommended having a Council member, staff person, or possibly even a resident
on the committee that would report back to the Council.
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March 6,2001
Page 17
Tyra-Lukens said she was comfortable with that as long as the committee would
not direct the activity but just be a communication vehicle to let the resident
community know what the public relations firm is doing. She didn't want to
abrogate the authority of the Council to direct the public relation firm.
Mayor Harris said having widespread dissemination of information could be part
of the plan the public relations firm puts together.
Case asked if they would be amenable to having that concept discussed later in
the process. He would hope the public relations firm would have someone on
staff who be lobbyist, who could get reliever airport groups together and
disseminate information to the public. At some point if the Council feels it is
missing information and it appears an oversight committee is needed, the Council
could take that step, if necessary. The Council needs to see where this step leads
before going to the next step.
Butcher said she understood Case to mean he wants to look into names of public
relations firms. Before that, she would like Council to give specific directions to
staff so the function of the firm would be clear. Review the names of public
relations firms first.
Enger inquired if the motion that was passed doesn't fully take into account
everything Council was now discussing. The motion asked for Peter Kirsch to
come back with a recommendation for a strategic plan and how to handle every
aspect of the opposition to the airport. Now the Council was talking about a
public relations firm to put together a plan. It seemed to him that the approved
motion was comprehensive because it sets the plan in motion, and designates one
of the experts in the country who is adept at dealing with all aspects of opposition
to airport expansion to come back with a strategic plan.
Rosow said he would be talking to Peter Kirsch the following day and could ask
about this particular aspect, if Council is willing to wait two weeks to receive his
input on this item and to find out if a public relations firm would help or hinder
him. He didn't know about the time frame of a strategy memorandum. The City
has hired this type of public relations firm before and he believed that would be
consistent with Kirsch's goals because Council wants to start communicating and
there is a legislative session going on now. Rosow said he would get Kirsch's
input.
Butcher said to her mind it is preferable to speak to Peter Kirsch about having a
public relations firm because that law firm has that expertise. He may have a
much better approach.
Rosow said by the time he came back to report to the Council about that
conversation, staff could come back with names of public relations firms.
Case said perhaps Kirsch's recommendation would be to hire a public relations
firm, but the Council is not hiring a public relations firm in the motion he made,
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March 6,2001
Page 18
just talking about it. Council needs to know Peter Kirsch's time table. He asked
Rosow to find that out and also what he says about a public relations firm.
Mosman said a public relations firm would be local, whereas Peter Kirsch is in
Denver. She said she had two names from former State Representative Barb
Haake to give to staff.
Motion carried 5-0.
Tyra-Lukens thanked the audience for their phone calls, and apologize if she
didn't get back to them. Their input was welcomed. Mayor Harris thanked
people for their e-mails.
MOTION: Mosman moved, seconded by Tyra-Lukens, that the Flying Cloud
Airport Advisory Commission continue to work on any possible solutions that
would protect the community with regard to the City's concerns on numbers and
sizes of planes, noise levels and flight times, and to ask that the FAA be involved
this time so that decisions could hold. Motion carried 5-0.
B. CITY MANAGER EVALUATION(CLOSED SESSION)
XV. ADJOURNMENT
MOTION: Tyra-Lukens moved, seconded by Case, to enter a closed session for the
purpose of the City Manager's Performance Review to determine the City Manager's
Merit Pay Award for 2001. Motion carried 5-0. Mayor Harris adjourned the meeting to
a closed session at 8:55 p.m.