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HomeMy WebLinkAboutCity Council - 07/10/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 10,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, 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 7:04 p.m. H. PLEDGE OF ALLEGIANCE III. 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 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 Councilmembers Butcher, Case, Mosman and Tyra-Lukens added items under XM.A. Reports of Councilmembers. Rosow added a report on the Flying Cloud Airport, under XHI.H. Report of City Attorney, and said a closed session would not be needed. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 19,2001 MOTION: Tyra-Lukens moved, seconded by Mosman, to approve the minutes of the City Council meeting held Tuesday, June 19, 2001, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 21-2001 REPEALING ORDINANCE NO._2-2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO EVEREST NIINNESOTA,LLC CITY COUNCIL MINUTES July 10,2001 Page 2 B. APPROVE SECOND READING OF ORDINANCE NO. 22-2001 REPEALING ORDINANCE NO. 3-2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO WIDEOPENWEST MINNESOTA,LLC C. APPROVE SECOND READING OF ORDINANCE NO. 23-2001 AMENDING CITY CODE SECTION 3.30 TO CLARIFY WATER USAGE RESTRICTIONS D. AWARD CONTRACT FOR UTILITY VEHICLE BUILDING IMPROVEMENTS,I.C. 00-5516 E. ADOPT RESOLUTION NO. 2001-109 REQUESTING DNR ASSISTANCE TO EVALUATE PROTECTED WETLAND 994W (MORRAINE WAY POND F. APPROVE PROPOSAL FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE PRAIRIE CENTER DRIVE/COLUMBINE ROAD TRAFFIC SIGNAL WITH ALLIANT ENGINEERING,INC. G. ADOPT RESOLUTION NO. 2001-110 ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT H. APPROVE LICENSE AGREEMENT WITH QWEST FOR CIVH, DEFENSE SIREN AND TELECOMMUNICATIONS ANTENNA I. APPROVE GRADING PERMIT FOR A TEMPORARY PARKING LOT FOR SOUTHWEST METRO Butcher said she wanted to let the neighbors from Morraine Way know that the City has written a Resolution asking the DNR to allocate professional staff time to evaluate Protected Wetland 994W (Morraine Way Pond), and to work with City staff to help understand what has occurred at that location. MOTION: Case moved, seconded by Butcher, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS B. GRACE CHURCH — AMENDMENT TO DEVELOPER'S AGREEMENT by Grace Church. Request for First Amendment to the Developer's Agreement. Location: Pioneer Trail and Eden Prairie Road. Enger said official notice of this public hearing was published in the June 28, 2001 Eden Prairie News and sent to 324 property owners. He explained that this is a request for a First Amendment to the Developer's Agreement, which was the result of Grace Church's request to permit mining at their site. CITY COUNCIL MINUTES July 10,2001 Page 3 Bob Solfelt, 10508 Bluff Road, representing Grace Church, said the church is seeking approval of the First Amendment to the Developer's Agreement. They believed the amendment was more restrictive than what was discussed at the Council meeting one month ago, especially regarding trucks leaving the property with granular soil and returning with suitable replacement soil within the community. The amendment states there is concern about truck traffic in and out of the property. However, there would be no restriction on the number of trucks. Solfelt said Grace Church wished to propose a compromise that would more effectively address truck traffic. The church would rather restrict the number of trucks with a count on a daily basis in order to limit the specific number of trucks- in and out per day. The church recommended limiting the number of trips to 250 trips per day. Sand could leave the site in a truck, which would return empty to get more sand, and a different truck would bring in replacement soil. Case asked if the church's proposal would remove the condition that the replacement soil would not have to come from within the community. Solfelt said yes,their proposal would remove that condition. Case stated if the City limits the number of trucks within Eden Prairie, then any truck that is delivering sand to the road construction on Pioneer Trail at this time is coming into Eden Prairie and any truck removing soil from Pioneer Trail is here now. If we limit Grace Church to bringing sand to a site in Eden Prairie and taking replacement soil from that site back to the church site, that would be the argument for there being no additional net gain in traffic. But the church is asking for 250 more trucks. If sand is needed for road construction now in Eden Prairie and soil is being removed from those sites in Eden Prairie, those trips are occurring right now; so Grace Church would be simply transferring those trips to the church site. Solfelt agreed that was correct. Mayor Harris asked if anyone wished to address the Council on this proposal. David Anderson, 15510 Crocus Lane, said he represented the Boulder Point West Homeowners Association both as a resident and property manager of that site. This is one of three adjoining properties to the Grace Church site. He gave Council a petition from the Association members expressing opposition to the request by the church. They are concerned about the noise and air pollution that would result, and the damage to City roads like Mitchell Road. Anderson recalled that Eden Prairie stopped mining in the City in 1984. He suggested that if a truck leaves the site with a load of sand and returns empty and another truck comes in with replacement soil and leaves empty, that would be about 100,000 trips. He expressed his opposition to sand being hauled to other locations than Eden Prairie. Solfelt responded that the church is not suggesting that sand leave Eden Prairie and that replacement soil come from outside Eden Prairie. They agree with that stipulation in the amendment to the Developer's Agreement. They just want to restrict the number of trips each day. CITY COUNCIL AIMUTES July 10,2001 Page 4 Tyra-Lykens asked if there is presently any exchange of soils being carried out. Solfelt said no; only as a part of the grading permit. Jeff Square, 9103 Palmetto Drive, said he lives across the street from the Grace Church site. He believed mining would not be appropriate for this site. It appeared to him that it would take two months to remove the sand and replace it with other soil. Square expressed concern about noise, dust and traffic that would result from that operation. He hoped the Council would not approve this mining request. Jeff Charnes, 9099 Gould Road, said when they chose to build in that neighborhood near County Road 4, they looked at the undeveloped properties to the east and were promised by the City there would never be a foundry or mining operation nearby. He recently came to City Hall and asked to look at the file on Grace Church. He did not find any kind of environmental assessment of the property. There was no record of the City Council public hearing on the mining request. There is on file a letter from the City Environmentalist and City Engineer. Charnes had three major objections: (1)traffic; (2) concern about what will happen to the ground water; (3) air quality and dust. The City Engineer's letter stated that this project would reduce traffic capacity because of the slow- moving trucks. Safety would also be a concern. There could be an increase in accidents. The letter also discussed traffic collector results and damage to roads. Chames said he did not find any expert opinion in the file on how ground water might be affected by the mining operation. However, he recalled the City's experience with BFI, which polluted ground water in the vicinity of the landfill. He believed the material being brought into the church's site might be hazardous in some way and could affect the ground water. With regard to air quality, Chames believed a great deal of dust would be created by mining the sand. The sand could be contaminated and would blow around the whole area. Grace Church has talked about what it hopes to accomplish and what the proceeds would be used for. However, Charnes was certain that if an industrial company came and asked to be allowed to mine sand on its property, the City would not consider it. City Councils tend to be somewhat lenient with organizations that are charitable, causing them to deal differently toward them. However, the business of the City Council is to protect the life and health of its citizens. Bob Schulte, 9072 Palmetto Drive, said he lived just north of the property. There are many children living on the cul de sac where his home is. He said his position on the mining operation is "enough is enough." This is not a revision or a grading plan change; it is mining. There would be thousands of additional trucks going in and out of the site. It is good to have a church at this location and he looked forward to its opening. But this mining operation would bring too many trucks to the area. Mike Pogh said he was serving as chairman of Grace Church's council. Regarding the issue of the truck traffic, the amendment that has been crafted would not bring additional truck traffic into the City. The church will be bringing CITY COUNCIL AUNUTES July 10,2001 Page 5 this resource of sand to projects within the City and will be taking fill from those sites back to the church. He agreed there will be activity on the site but there will not be any more truck traffic than is already using the roads in the area. With regard to ground water pollution, there was an engineer at the previous public hearing whose report the City has reviewed. He indicated that the depth for extraction of this sand would not come near the water table. This is an important stewardship issue because the quality of this sand is a limited resource. The church is simply requesting that it be used within the community in a manner that would be good conservation and stewardship of this resource. At the last public hearing there were 100 people from Grace Church in support of this action. The church is confident it will be an incredible asset to this community. He thanked the Council for its consideration of this and requested adoption of the amendment. Larry Martin said he is on the staff of Grace Church. The church had an environmental assessment worksheet prepared and sent it to many agencies for review. The watershed district and the other agencies have issued all of the required permits. The City has assessed the church about$2 million for water and sewer lines across the property. The seven-acre pond was enlarged to accept water runoff from the neighborhood properties. The church wants to be a good citizen. They want to minimise the amount of truck traffic in and out of the site. Dave Rasmussen, 16275 Valley Road, said his primary issue is that the project will put substantial additional truck traffic on the road. He was also concerned about air quality problems. He asked that the church establish an escrow fund to pay for monitoring the mining operation. However, this will create an additional regulatory burden on the City because the City would have to monitor it. The church has not conformed to the regulations governing the time of day work should end at the site. There is work going on sometimes until 9:30 p.m. Rasmussen asked the Council to consider how this mining operation will affect the City by setting a precedent for future petitioners. Rick Nelson said he is a member of Grace Church and heads the project development team. Regarding the quality of the sand and possible pollutants, chemicals have not been spread on the site because wild hay has primarily been grown there. This sand is not in a dangerous location because they know the history of this site. He asked where the sand now being brought into the City is coming from. This would not be a full-fledged mining operation because it is just replacing soil. With respect to the neighbors in the area, the sand would be sprayed down with water before it is removed. This should alleviate their concerns about air pollution. The church has tried very hard to address the issues. With regard to working after hours,the church would not tolerate anyone working beyond the time allowed. Their contractor leaves the site every day at 4 p.m. There were one or two times when the excavator worked late because of pending bad weather. The suggestion about making this a six-month trial period seemed to make sense, and he hoped that would be the basis on which they can go forward with this operation. CITY COUNCIL MINUTES July 10,2001 Page 6 Butcher noted a Phase I Environmental Audit was done on the site, and asked if any tests were done with the idea of mining. Nelson replied no, because there was no reason to think there would be a problem. The environmental assessment worksheet was done prior to mining. Nelson said the City approved removal of 4,500 cubic yards as part of the construction project. All the evaluations were very comprehensive. Rosow said he believed the church obtained all of those permits prior to the time they contemplated soil exchange on the site. Nelson replied that was correct. They were not aware, until they got into the initial soil work that they had this kind of material down there. Mayor Harris asked how the replacement soil is tamped in place. Solfelt said the church has agreed to deposit $20,000 in an escrow account to monitor the site with regard to the soil exchange. Compacting of the soil would be done by a front-end loader and then that area would be covered by a parking lot. No contaminants were found in the soil under the building footprint. John Lillicrap, 15539 Banyan Lane, said he lives north of the church property. His house is very dusty now because of the work being done on the site, so once mining starts it will be much worse. He didn't believe that spreading the sand with water would help sufficiently to alleviate the dust. MOTION: Case moved, seconded by Tyra-Lukens, to close the public hearing. Motion carried 5-0. Mayor Harris said she has had a hard time making a decision about the mining of sand. She has thought about the impact on surrounding neighborhoods and on the roads, versus the benefit to the church of mining 30 feet of sand. It reopens the issue of mining in the City, and that is something the Council does not want. It also raises the issue of how far down will the City be willing to consider removal of sand for purposes of replacement. Butcher said she has received many phone calls from residents living around the church site who said they are really worried about what might happen if mining is allowed. They are worried about.noise and the potential health effects. Butcher didn't believe all the impacts have been explored. She asked if it is prudent to reopen mining operations in Eden Prairie, especially where there is a mature residential development, and what kind of overall benefits would there be to the City. She believed many of the negatives outweigh the positives,just in terms of the health issues. Also, City staff recommended that mining not be reopened, and the Community Planning Board denied the church's request. In addition, a large number of residents are worried about their health. She could not approve reopening mining operations in this area of mature development. Tyra-Lukens said she agreed. If this was a private organization, she wondered how the Council would deal with this request. Probably it would have refused it CITY COUNCIL MINUTES July 10,2001 Page 7 right away because of traffic, safety, and other issues. She didn't believe watering down the sand would work because the water will percolate right through. Regarding the things Grace Church has done for the City, these are things any developer would have been required to do on this property. The stewardship and conservation issue caused the City Council to consider approval of the request. However, what if another developer wants to conserve their sand and wants to mine it? The original staff recommendation was to deny the request. Aside from the safety and traffic issues would be the difficulty of monitoring, which could be a huge job for the City. Mosman said Grace Church has been and continues to be a good neighbor for the community. Mining the sand would be reusing a resource. The sand could be tested to determine if it would be a health hazard. She believed the main issues were the concentration of the traffic, dust and noise, and the neighbors who would be affected by it. She asked if there is a possibility that trucks could go another route than north on Mitchell Road. Dietz said the City could make that a requirement. It is not unusual to request that trucks be limited to a certain route. Mosman said that should make a difference to the neighbors. Case said evidently there are sufficient votes to deny this request. He wanted to echo the value of churches in the community. However, the Council does not want to appear to be showing favoritism toward churches. It so often gets back to trust in government and what people who move into a certain area expect after receiving answers to their questions. This 60-acre parcel of land would have been developed sooner or later and torn up in some way that would have created dust and dirt. He calculated that 250 trucks of sand leaving the site and 250 trucks of replacement soil coming in would be 1.2 trucks per minute or a truck every 48 seconds. That increase in traffic in the one location is not what the neighbors bargained for. After giving this a close look,he would deny the request. MOTION: Butcher moved, seconded by Case, to deny the Amendment to the Developer Agreement based on the following findings: 1. The amendment would be inconsistent with the Comprehensive Guide Plan. 2. The amendment would allow grading that is inherently accompanied by noise and dust, often creates hazardous conditions, and results in extended disfigurement of the places where it is carried on. 3. The amendment would create an adverse impact on adjoining residential areas. 4. The amendment would diminish the public health, safety, and general welfare. 5. The amendment would create a nuisance to the traffic corridor and the surrounding residential property on the north side of Pioneer Trail and along Eden Prairie Road. Although the traffic analysis by the Grace Church consultant predicts satisfactory service levels at the intersections, vehicles in queue behind the more slowly accelerating trucks will perceive a delay. 6. The amendment is contrary to the terms of the Developer Agreement dated October 3, 2000. CITY COUNCIL MINUTES July 10,2001 Page 8 Rosow stated one other matter related to what was said would be important with respect to finding number 5, and in the proposal Paragraph Lb. should be amended to indicate 250 trucks. If it were 250 trucks in and out, then we would indicate the proposed modification would add 500 trucks, or a truck every 45 seconds. If it were 250 trucks total during that period,that would be a truck every minute and 40 seconds, and it would take approximately 13 business days to mine two acres. That should be added as a reason for the amount of traffic. Butcher agreed to amend the original motion to add Rosow's comments to finding number 5,which would then read as follows: 5. The amendment would create a nuisance to the traffic corridor and the surrounding residential property on the north side of Pioneer Trail and along Eden Prairie Road. Although the traffic analysis by the Grace Church consultant predicts satisfactory service levels at the intersections, vehicles in queue behind the more slowly accelerating trucks will perceive a delay. 250 trucks a day would mean a truck every minute-and-40-seconds, and it would take approximately 13 business days to mine two acres. Case retracted his second to the original motion and seconded the amended motion. Motion carried 5-0. C. AHMANN REZONING by Richard Ahmann. Request for Zoning District Change from Rural to R1-22 on 1.03 acres. Location: 6604 Golden Ridge Drive. (Ordinance for Zoning District Change) Enger said official notice of this public hearing was published in the June 28, 2001,Eden Prairie News and sent to 20 property owners. Franzen said Rick Ahmann lives at 6604 Golden Ridge Drive. He is asking to rezone his single-family lot from Rural to R1-22. The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the June 11 meeting. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Mosman, to close the public hearing; and approve lst Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.03 acres. Motion carried 5-0. C. HENNEPIN COUNTY LIBRARY by Hennepin County. Request for Planned Unit Development Concept Amendment on 6.12 acres, Planned Unit Development District Review on 6.12 acres, Zoning District Amendment within C-Reg-Ser Zoning District on 6.12 acres, and Site Plan Review on 6.12 acres. Location: 565 Prairie Center Drive (Resolution No. 2001-111 for PUD Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL MEWTES July 10,2001 Page 9 Enger said official notice of this public hearing was published in the June 28, 2001,Eden Prairie News and sent to 74 property owners. Benjamin Hartberg, of Damon Farber & Associates, consulting architects for Hennepin County, said the County is asking for approval to remodel the existing Lund's building into a 37,685-square-foot library and 6,250 square feet of retail space. Additional windows, an entrance facade for the retail bay, a barrel vaulted roof and porte-cochere would be added. The parking area includes a large plaza, more green space, and a drop-off to the building. The parking lot would provide 156 spaces plus 29 proof-of-parking spaces. Lois Langer, Librarian at the Eden Prairie Library, said they currently have 15,000 square feet of space, so a bigger building means the library's collection will double. The new library will be a great asset to the community and she hoped it would be a community gathering place. They plan to have extended hours, open four nights a week and on Saturday year around and on Sunday throughout the school year. There will be a covered drop-off for books, open 24 hours a day. About three times the number of computers with Internet access will be available. There will be a computer training room for the public and an increase in programs for children. Butcher asked about the book drop. Langer said it would be covered; however, it will be necessary to get out of the car. The books will be checked in automatically. Tyra-Lukens asked about the self-serve reserve pick up and check out of books. Langer replied they currently have express checkout where you can check out yourself. In the new library you will be able to get your reserved books using an identification number'and check out yourself. Mosman commented that when Lund's was using the building, there was often a traffic problem at the entrance road off Prairie Center Drive. She asked if the entrance road could be made one way. Hartberg replied they have tried to eliminate congestion in the parking area by choking it down a little in order to allow a wider access road. In addition, there will be signs to guide patrons around the site. However, there would not be the number of people coming into the library that there was when Lund's had the building. Mayor Harris asked if anyone wished to address the Council on this project. Meg Smith, 11955 Tiffany Lane, said she lived on the south side of the building. She had two concerns. One was with regard to traffic in the area. The only way to get out of her neighborhood is down Franlo Road. There is no traffic signal at the intersection with Prairie Center Drive, and during the evening rush hour it is very difficult to make a left turn onto Franlo. She believed the library would cause additional congestion. Her second concern was with regard to landscaping. The fence at the edge of the property is broken down, and she wondered if there were any plans to restore it. CITY COUNCIL MINUTES July 10,2001 Page 10 Dietz replied that installing a signal at Franlo Road and Prairie Center Drive is in the City's five-year plan, and they continue to monitor the intersection. It is on the list for Tax Increment Financing. Hartberg said patching the fence could be considered. They will be putting landscaping along that fence. Butcher asked if high use of the library at 5 p.m. would be expected. Langer replied yes, and they are concerned about people getting in and out at that time. Langer asked Dietz if it would be five years before the signal is installed. Dietz replied the City will monitor the intersection and may need to accelerate the signal installation. The City is going to add another signal at Prairie Lakes Drive this year, and there will be some coordination of those signals. Case said the library might have more use during the evening rush hour than was the case with the previous use of the building. If this had been a new building,the City would have asked for participation in a traffic signal from the proponent. He wondered if the Council should stipulate participation by the County. With regard to the fence,if this were a new building the City would require a new fence be installed. He wanted to have the fence brought up to a high standard of repair and to include this in the Council conditions for the Developer's Agreement. Dietz said, with regard to County participation in the traffic signal, the City has designated Tax Increment Funds for this signal. In addition, it would not be located at the front entrance to the library; it would be at the back entrance. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-111 for PUD Concept Amendment on 6.12 acres; and approve 1st Reading of the Ordinance for PUD District Review on 6.12 acres and Zoning District Amendment within C-Reg-Ser Zoning District on 6.12 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations, and the Council condition to bring the fence up to standard. Motion carried 5-0. VHI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Butcher, 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 A. AHMANN REZONING by Richard Ahmann. 2nd Reading for Zoning District Change from Rural to R1-22 on 1.03 acres. Location: 6604 Golden Ridge Drive. (Ordinance No. 24-1001 for Zoning District Change) CITY COUNCIL MDffMS July 10,2001 Page 11 Enger said this was the second reading of the ordinance and would require unanimous consent by the Council. MOTION: Case moved, seconded by Tyra-Lukens, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-22 on 1.03 acres. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE REGULATING SURFACE USE OF SMETANA LAKE Lambert said staff recommended amending Chapter 9 of the City Code to limit boats on Smetana Lake to electric trolling motors only. This was requested by residents of Real Life and the owner of one of the office buildings on Smetana Lake. The City held a public hearing at the June 25 meeting of the Community Planning Board, which recommended supporting the Surface Management Ordinance. The intent of the proposed ordinance is to regulate the surface use of this small lake in order to promote its fullest use for enjoyment by the public, and to promote the general health, safety, and welfare of the citizens using the lake, as well as those who live and work in the immediate vicinity. Lambert explained that the second step would be to submit the ordinance to the Department of Natural Resources, which has a 90-day review process. If the DNR approves it, the ordinance would come back to the Council for the second reading. The City has a partnership with the watershed district to develop a park and the area around the lake. The City has received permission from the watershed district to build a boat launch. Lambert recommended this ordinance be in place before the boat launch is built,which he expected to be late this fall. Tyra-Lukens inquired how fast the electric motors go. Lambert replied these would be trolling motors on light fishing boats, and might go 10 mph. A large fishing boat could be launched,but would only be allowed to use a trolling motor. That would restrict the amount of wake and the noise. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the first reading of an ordinance regulating surface use of Smetana Lake amending City Code Chapter 9, which would make it unlawful to launch or operate a motorboat on Smetana Lake except for 1) boats powered by electric motors, and 2) boats operated by enforcement, emergency and resource management personnel acting in the performance of their duties. Motion carried 5-0. Mayor Harris called for a 10-minute recess at 8:45 p.m. The meeting resumed at 8:55 p.m. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS CITY COUNCIL MINUTES July 10,2001 Page 12 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Leadership Effectiveness Workshops—Mayor Harris Mayor Harris said the City engaged the services of Carl Neu of Neu & Company to facilitate a series of three workshops, which were held on April 27-28, May 16, and May 29, 2001, to assist the City Council, City Manager and the Service Area Directors in Leadership Effectiveness. Mr. Neu writes in a June 15, 2001, letter to the City Manager, "Eden Prairie is a community entering a phase when its leadership direction and priorities are vitally important to defining the community's mature (fully built out) character and presence in the metropolitan area. For this reason, it is important that the Council and staff recognize the pivotal choices they must make and the absolute necessity to function as a highly productive, cohesive,responsible and respected team. Factors or behaviors distracting from these elements will only lead to a deterioration of the group's leadership potential, resulting in detrimental effects upon and throughout the community." Mayor Harris explained that at first the sessions focused on more efficient handling of procedural issues such as Council agendas, method of identifying and bringing issues before the Council, a code of conduct for the Council, Council forums and meeting schedules, and the development process. Later discussions centered on Council member communications with each other, with the public and staff, and with Boards and Commissions. The outcome was a series of recommendations, based on discussions in each of these areas, which have been brought forward in a report, titled"Summary of Key Observations and Conclusions Reached by the Participants." MOTION: Butcher moved, seconded by Tyra-Lukens, to receive the "Summary of Key Observations and Conclusions Reached by the Participants" report dated June 14, 2001, prepared by Neu & Company, resulting from Leadership Effectiveness workshops of the City Council, City Manager and Management Staff; and adopt the report's recommendations. Motion carried 5-0. 2. Commendation on July 4'h Celebration—Councilmember Butcher Butcher said she wanted to commend Eden Prairie staff for their hard work, planning and implementation of the July 0 Celebration. The events were well organized, and people were happy to have it back at Round Lake Park. The highlight was the opening of the Skate Board Park, the newest addition to the park system, which provides teenagers with something athletic and constructive to do with their time. She congratulated the staff and said it was truly a home-town celebration. CITY COUNCIL AI NUTES July 10,2001 y Page 13 3. Funding for Southwest Metro Transit—Councilmember Tyra-Lukens Tyra-Lukens reported on how the last Legislative Session affected the Suburban Transit Association. During the Legislative Session she had talked about what the Suburban Transit Association considered hot issues for transit functioning. One was the possibility of transit being taken off property taxes, and that is what happened. Transit will be taken off property taxes after December 2001. Funding for the metro area will then come from 20.5 percent of the motor vehicle excise tax, but funds will flow through the Metropolitan Council, which in the past they have had trouble getting from the Council. That is what led them to initial petitioning to try to levy the transit tax themselves. According to the legislation,however,the Metropolitan Council must annually provide each metro transit system with the funds. The legislation provides for an increase in growth in the percentage each Metro Transit system will receive. The amount will go up to 22.5 percent in 2004-2005. Tyra-Lukens asked Len Simich how much the legislation will impact Southwest Metro, and he believed there would be more administrative work to get the funds from the Metro Council, but otherwise would not have much impact. It does free up the staff of Southwest Metro from having to approach all of the cities in the joint powers councils for approvals of their levy. Some of those cities have not been as supportive of transit issues as Eden Prairie. 4. Accolades to the Parks &Recreation Services—Councilmember Case Case had accolades for the Parks and Recreation Services. He specifically wanted to compliment Tria Mann, who organized the very successful e of July Celebration. Also, he has been biking through the City during the past week, teaching a class called"This Is Your Home Town", and said he appreciated the City's amazing park trail system. 5. Condition of the Smith Douglas More House—Councilmember Case Case said he drove past the house recently and noted the poor condition of the trim on the house. He said the City cannot let the trim fall apart, and asked to put the matter of appropriating money for basic painting on the agenda for the next Council meeting. 6. Pickled Parrot Restaurant Palm Trees—Councilmember Case Case said he liked the palm trees planted by the restaurant. The newspaper article in the Star Tribune was clearly not fair to Eden Prairie. He asked that a plan be put in place, ensuring that management would handle calls from newspapers. He recommended that quotes be read back to make certain they are correct. The issues were very complicated in this instance, and the City wasn't at fault to the extent the paper tried to make CITY COUNCIL NIINUTES July 10,2001 Page 14 it sound. The City needs a plan of action to deal with these situations because it can't afford this kind of press. 7. Birch Island Woods—Councilmember Mosman Mosman asked for an update on negotiations for the Birch Island Woods. She has heard from the Friends of Birch Island Woods it is quite likely the City is not going to be awarded the two grants it applied for. Everyone on the Council had supported Birch Island Woods and believed they would like to hear about this and what needs to be done. Lambert said City staff has had informal discussions with DNR staff and is aware the DNR is not recommending that the City receive the Scenic and Conservation Area Grant. However, the City has not received formal notification from the DNR, and Lambert was waiting for that before notifying the Council. He said funding of the Birch Island Woods would have to be looked at, along with all the other items on the C1P list. The City would like to be able to support and fund it but will have to find out how it can be done. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY 1. Metropolitan Airport Commission's Public Hearing on Ordinance 51 Rosow said he attended the meeting the day of the Metropolitan Airport Commission's Planning and Environment Committee. They passed a motion recommending that MAC authorize a public hearing to amend or repeal Ordinance 51. The full commission will meet on Monday, July 16. Rosow talked to Gary Schmidt, MAC's director of reliever airports, prior to the meeting and with Jeff Hamill, the executive director of MAC, after the meeting. Rosow made a presentation to the Planning and Environment Committee. The P & E Committee did not set a specific date for the public hearing, but said it would happen in late August or early September. The concern is that the EIS process not be delayed further. Rosow said Mayor Harris contacted MAC Chair Charles Nichols to CITY COUNCIL M NUTES July 10,2001 Page 15 express the City's preference not to authorize the public hearing until the City could have discussions at the highest policy-making level, including the Mayor and another Councilmember, along with MAC's Chair and whatever commission members they thought appropriate, to discuss matters pertaining to Ordinance 51 and expansion of the airport. The Mayor told Mr. Nichols that the City viewed actions on amending or repealing Ordinance 51 to be inhibiting to those discussions and they should happen first. Mr. Nichols did not commit one way or the other to Mayor Harris. However, the chair of the Planning and Environment Committee told Rosow that day he only wanted to hear about the process with respect to what they had on the table. Rosow told the committee that if there were going to be modifications to Ordinance 51, these discussions with the City had to happen first, because what may come out of those discussions is what would be the subject of the public hearing. If the discussions were successful and there was a resolution of the issues pertaining to Ordinance 51 that would be the very topic of the public hearing. Therefore, Rosow asked the committee not to hold it until the discussions were completed. However, they voted to recommend it be held and that will go to the full Commission on Monday, July 16. Jeff Hamill believed there would be sufficient time for multiple meetings prior to the public hearing. He said he looked forward to entering into the discussions. Rosow said he informed Special Airport Legal Counsel, Mr. Kirsch and Mr Riemer, and they will prepare technical materials for the Council to aid in discussions with MAC officials Case asked if it is up to the City to arrange a meeting time. Rosow said Charles Nichols told him he would call Mayor Harris as soon as the committee meeting earlier that day was over, which he did. Based on that call, either Rosow or Enger will set up a meeting and decide on parameters. XIV. OTHER BUSINESS A. ADOPT POSITION PAPER ON FLYING CLOUD AIRPORT EXPANSION PREPARED BY CITY STAFF AND SPECUL AIRPORT LEGAL COUNSEL As a result of closed session discussions, the staff and special counsel have prepared a brief summary of specific views and objectives concerning operations and growth at Flying Cloud Airport. This document identifies and explains the City's position on Flying Cloud Airport and should provide the basis for public understanding and initial discussions with Metropolitan Airports Commission. CITY COUNCIL MINUTES July 10,2001 Page 16 MOTION: Butcher moved, seconded by Case, to adopt the position paper on Flying Cloud Airport Expansion prepared by City Staff and Special Airport Legal Counsel. Motion carried 5-0. B. CLOSED SESSION ON LITIGATION Rosow said there was a request to meet in closed session to discuss matters pertaining to potential litigation. He had previously eliminated the closed session with respect to the airport because of the report he gave on the MAC Planning and Environment Committee. XV. ADJOURNMENT MOTION: Case moved, seconded by Tyra-Lukens, to adjourn the meeting and move into a closed session. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:15 p.m.