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HomeMy WebLinkAboutCity Council - 10/15/2002 - Workshop APPROVED IAHNUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15, 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: Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SPENCER CONRAD RECOGNITION Mayor Tyra-Lukens read Resolution No. 2002-169 expressing recognition, appreciation and congratulations to Mr. Spencer Conrad for his years of community service as a member of the fire department. Mr. Conrad was present and accepted a plaque of appreciation from the fire department. A member of the Eden Prairie Fire Department since 1975,Mr. Conrad served as Chief#1 from March, 1990 to August, 2002. MOTION: Mosman moved, seconded by Butcher, to adopt Resolution No. 2002-169. Motion carried 5-0. 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 Butcher added Item XM'.A.1.under Reports of Councilmembers. DISCUSSION ON A REQUEST FROM NEIGHBORS IN AN AREA NEAR 1%,HDNVEST ASPHALT. Luse added Item A'IV.A.2. DISCUSSION ON A LETTER FROM A DEVELOPER COMMENDING EMPLOYEES OF EDEN PRAIRIE. Tyra-Lukens suggested altering the agenda so that those present in the Trails Without Rails group could be heard earlier, therefore sv.itching Items N.D.and E. Rosow stated there is currently no report for Item Xn'.H.1. He said th,.xe w_ns hnpl-that a ra rzmorandum of undLrstandin2g,b-.Iwean thL City CnY COUNCIL AGENDA October 15,2002 Page 2 and MAC be produced for roadway and park improvements,but key MAC officers were unavailable to provide the revised language before tonight's meeting.Tyra-Lukens also noted that Item I. has been added to VII. Consent Calendar as a revision to the agenda. Management and Budget Director Don Uram suggested that Item X.E. relating to Trails Without Rails be heard before Item X.C. Luse noted that the airport issue is reaching a very positive finalization. Rosow said it has been a three-pronged negotiation that includes agreement on a special assessment on MAC property, a memorandum of understanding on the infrastructure, and the final agreement with respect to airport operations. Case clarified that with this agreement and money, the City has purchased security and confidence that the character of the airport will change as little as the City wants it to change and that protection was not there without this money. He said when the agreement is signed, there will be substantive gains that will protect the character and personality of the airport from changing unilaterally. MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD OCTOBER 1,2002 MOTION: Case moved, seconded by Luse, to approve as published,the Minutes of the City Council Workshop held October 1, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD OCTOBER 1,2002 MOTION: Case moved, seconded by Mosman,to approve as published,the Minutes of the City Council Meeting held October 1, 2002. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd Reading for 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, and Site Plan Review on 8.S acres. Location: Hennepin Town Road and Pioneer Trail. (Ordinance No. 26-2002-PUD-18-2002 for PUD District Review,Zoning District Amendment and Zoning District Change, and Resolution No.2002-170 for Site Plan Review) C. TERREY PINE VILLAS to authorize the Mayor and City Manager to Execute the assignment and assumption aeement Developer's Agreement for Terry Pine Villas. ( Assignment and Assumption Agreement) CITY COLTI CIL AGENDA October 15,2002 Page 3 D. ADOPT RESOLUTION No.2002-171 CALLING FOR PUBLIC HEARING ON DECEMBER 3,2002,TO CONSIDER ESTABLISHING A TAX INCREMENT (TM DISTRICT FOR SOUTHWEST STATION HOUSING E. AMEND PROFESSIONAL SERVICES AGREEMENT WITH ENDURANT BUSINESS SOLUTIONS FOR THE CITY NVEBSITE F. APROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN OF INTERSECTION IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD,I.C. 02-5583 G. APPROVE TRAVEL DEMAND MANAGEMENT AGREEMENT WITH RESIDENTIAL FUNDING CORPORATION FOR THE SHADY OAK TECHNOLOGY BUILDING H. APPROVE REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD I. APPROVE SECOND READING OF AN ORDINANCE No. 27-2002 AMENDING CITY CODE SECTION 2.05 RELATING TO MAYOR AND COUNCILMEMBER SALARIES MOTION: Butcher moved, seconded by Mosman, to approve Items A-I on the Consent Calendar. Case requested moving Item H. to Councilmember Reports as Item XIV.A.3. Motion with the removal of Item H. carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2002 SPECIAL ASSESSMENTS Management and Budget Director Don Uram said official notice of this public hearing was published in the September 19, 2002,Eden Prairie News and sent to 60 property owners. He said each year,the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year, the council will address two projects and a list of supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments. The Supplemental Trunk Sewer and Water assessments are primarily development based, and the Exclusions are for the properties that connected to public utilities before the 5- year exclusions became due. The total amount proposed to be assessed in 2002 is $1,400,023.57, and Staff recommends approval of the special assessments. Uram said City Engineer Al Gray is present for discussion. Gray suggested organizing this discussion into five parts: the two neighborhoods- High-6ev.,/Lakeland and Cedar Forest; trunk assessments related to development projects; the Flagship office building and Welter Trailhea.d project; and fazed-cutting, connection fees and the.Alm addition. CITE'COUNCIL AGE,IITD A October 15,2002 Page 4 Gray said the High-v ievv/Lakeland neighborhood assessments are for those properties originally excluded,but now connected. He said there are two properties-Schoenecker and Halvorson-that are extra lot units over and above their homesteaded lot that exists in the neighborhood so their lateral sewer and water assessments are not subject to the budget cap and are therefore slightly higher. Gray noted that the City has received a letter from Schoenecker's attorney objecting to the assessment of Schoenecker's extra unit. The letter also said if the assessment is deferred until development or rezoning, then the objection will be withdrawn. Gray said Staff is recommending levying the assessment and deferring it with interest until development of the extra lot unit. Gray said the recommendation would also apply to Halvorson's extra unit. Gregory Halvorson commended the Council and the sewer and water contractor for an outstanding job on the project. He expressed concern that he was not aware of the exclusion to the pricing for the second parcel. Gray clarified that in the original assessment roll,the estimated assessment for the extra lot is exactly the same as what is shown on the homesteaded lot. He said the policy relative to capping the assessments to lots are limited to an existing homesteaded lot with a tenable structure that is homesteaded. He said properties that were capped stayed the same,but the additional lots went to a higher level because overall costs came in higher. Luse asked what is the maximum cost that the City could have assessed for homesteaded properties. Gray said it was$19,600. Gray said it's approximately$1,900 more for the non-homesteaded lot because it had no cap. Dietz said the situation with the lot is consistent with policy from the last 30 years. He said that policy has been to not have the cap apply to buildable lots with no homestead. There were no further comments from the audience. MOTION: Case moved to close the Public Hearing for the Highview/Lakeland neighborhood assessments. Seconded by Butcher, motion carried 5-0. Gray said in the Cedar Forest neighborhood,there are three properties that are receiving assessments for sub-trunk sanitary sewer benefit,outside the neighborhood but within the service area of the wastewater lift station and force main system. Gray said the remaining assessments are for lateral utilities and trunks for those now connected. There were no comments from the audience. MOTION: Butcher moved, seconded by Case, to close the Public Hearing for the Cedar Forest neighborhood assessments. Motion carried 5-0. For Supplemental Trunk Assessments, Gray said the majority of the properties are development properties assessed under development agreements and assessment agreements. Gray said Staff recommends removing the Sailor property from the assessment roll at this time until the time when there is future development, and with that exception,recommends adoption of the list. CITE'COUNCIL AGENDA October 15,2002 Pace 5 There were no comments from the audience. MOTION: Case moved, seconded by Butcher,to close the Public Hearing for Supplemental Trunk assessments. Motion carried 5-0. Gray said the Flagship 2nd addition assessment is for the cost to construct median openings and the Welter Trailhead assessment is for storm sewer and trail improvements. There were no comments from the audience. MOTION: Case moved, seconded by Butcher,to close the Public Hearing for Flagship 2nd addition and Welter Trailhead assessments. Motion carried 5-0. Gray said the last group of assessments is for grass cutting, connection fees and the Alm property special fees. There were no comments from the audience. MOTION: Mosman moved, seconded by Case,to close the Public Hearing for assessments for grass cutting, connection fees and the Alm property special fees. Motion carried 5-0. MOTION: Case moved to adopt Resolution No. 2002-172 approving all Special Assessments presented in the fall of 2002,with the exception of the Sailor property as listed in the Supplemental Trunk Assessments. Seconded by Butcher, 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. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.71,RELATING TO MAINTENANCE OF VEGETATION Management and Budget Director Don Uram said this minor code change is to make the language regarding how we collect special assessments for non-payment of "weed cutting"bills conform to our actual practice in conformance with Statutory regulations. He said Staff recommends approval. MOTION: Mosman moved to approve the first reading of the Ordinance amending City Code Section 9.71,relating to Maintenance of Vegetation. Seconded by Case, motion carried 5-0. CITY COUNCIL AGENDA Octcb:.r 15,2002 Page 6 B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL RESTRUCTURING Management and Budget Director Don Uram said the City Code is being amended to reflect the organizational restructuring that began July 1, 2002. The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes implemented on July 1, 2002, and on August 29, 2002. The ordinance also formally recognizes the changes in departmental titles and reporting structures. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. He said Staff recommends approval. Luse acknowledged Scott Neal's leadership in this effort. MOTION: Butcher moved to approve the first reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring. Seconded by Case, motion carried 5-0. E. RESOLUTION RELATING TO THE SOUTHWEST RAIL TRANSIT STUDY Management and Budget Director Don Uram said the resolution was prepared in response to a proclamation submitted to the City Council on September 30, 2002 by a group of local citizens known as "Trails Without Rails". The group desires Council advocacy on their behalf with the Hennepin County Regional Rail Authority (HCRRA)while the HCRRA is conducting the Southwest Rail Transit Study. He said the resolution was prepared in consultation with City staff, Southwest Metro Transit, and representatives of the Trails Without Rails group. The resolution was also prepared with past public comments by Councilmembers in mind and the City Manager has shared the resolution with staff at HCRRA. Uram said the resolution formally communicates the current preferences of the City Council to the HCRRA regarding the Southwest Rail Transit Study. The study is slated to be completed in March/April 2003. The intent of the resolution is to provide the HCRRA a clear set of preferences and expectations of Eden Prairie will be looking for at the conclusion of the study. He said Staff is recommending approval. MOTION: Case moved, Butcher seconded,to adopt Resolution No. 2002-174 relating to the Southwest Rail Transit Study. Tyra-Lukens said she spoke to the Hennepin County commissioner this afternoon about the study and she is comfortable with it.Butcher expressed thanks to everyone who worked on this. Motion carried 5-0. CITE'COUNCIL AGENDA October 15,2002 Page 7 C. FIRST READING OF AN ORDINANCE AMENDING CITE'CODE CHAPTER 9 BY ADDING SECTION 9.42 RELATING TO SMOKE-FREE ENVIRONMENTS Management and Budget Director Don Uram said this ordinance has been prepared at the request of the City Council. He said that it accurately reflects the consensus of the Councilmembers following the October 1, 2002,Workshop. There are three sections of the ordinance that provide the Council with written policy options that the Council must resolve in order to move the ordinance forward. Rosow said options are provided in tonight's packet.He suggested the process should be to amend the ordinance as needed, then adopt it as amended. Butcher said she would like to remove the open air portion of Parks under Subd. 2. General Restructions A.1. and specify that it's the buildings in the parks. Rosow said a prior version of the draft included "areas or structures not open to the sky." Case said smoking should be banned from all public areas. He said allowing workers to smoke is an efficiency issue and wants to take a clear and definitive stand. He said he wants as much secondhand smoke removed from all buildings and properties that the City controls,representing the people of Eden Prairie as much as possible. Mosman said she tends toward supporting an all-inclusive nonsmoking ordinance. Luse said the issue is about safety and health and protecting people who are in a position where they might not be able to protect themselves. Tyra-Lukens said there are areas where parkland and school property are nearly indistinguishable. She said it would be less confusing if there is consistency on outdoor space area and she would prefer to stick with the current broad definition of parks. MOTION: Case moved to approve First Reading of an Ordinance Amending City Code Chapter 9 by Adding Section 9.42 Relating to Smoke-Free Environments; and Adopting By Reference City Code Chapter 1 And Section 9.99 Which,Among Other Things, Contain Penalty Provisions. The motion was seconded by Butcher. Butcher said part of the Council's role is to collaborate and cooperate as a team, and she has appreciated the cooperation and open-mindedness and support of the voluntary compliance piece for businesses. She said she doesn't have strong feelings about this and feels that it should be kept like it is and keep it whole. Luse suggested adding"when occupied by two or more persons"to Subd. 2.A.3. He also suggested striking Subd. 2.A.4. and replacing it with"Any Cite controlled property not identified as designated areas." CHY COLrihCIL AGENDA October 15,2002 Page S Luse said he is also concerned with buildings leased by the City.He suggested adding "prior to the adoption of this ordinance." to Subd. 2.B.1. and also adding"defined under the Clean Air Act of Minnesota" after the word Facilities in Subd. 2.B.2. Luse further suggested adding "unless designated and posted as a smoke-free area when transferred to the public ownership by the related entity" to Subd. 2.B.3. Rosow clarified that C.H.Robinson is in this facility and has control of their area under the lease so they can go anywhere in those areas under this language. Rosow said the language allows the City to designate outdoor areas on City property. Following discussion, Council agreed to delete Subd. l.A.(9)2. and strike part of Subd. 1.A.(8) so that it simply reads "Smoking is a potential cause of fires." It was also agreed to keep the original language of Subd. 2.A.4. and adding "when occupied by two or more persons" to Subd. 2.A.3. MOTION: Case moved to amend the proposed first reading of an ordinance amending City Code, Chapter 9 by adding Section 9.42 relating to smoke-free environments by striking everything after the word'fires'in Subd. l.A.(8); striking everything after the word'parks'in the 4th line of Subd. 1.A.(9); inserting in Subd. 2.A.3, language after the word'City,' "when occupied by two or more persons;" and inserting in Subd. 2.B.L, after the word'hours,' "where the lease was entered into prior to the adoption of this ordinance." Seconded by Butcher, motion carried 5-0. Vote on Ordinance as amended: motion carried 5-0. D. RESOLUTION SUPPORTING,ADVOCATING AND URGING THE MINNESOTA STATE LEGISLATURE TO ENACT A STATEWIDE SMOI E- FREE LAW PROHIBITING SMOHING IN PLACES OF EMPLOYMENT AND RESTAURANTS Management and Budget Director Don Uram said the resolution was prepared at the request of the City Council following the October 1,2002 workshop. The resolution expresses the Council's support for the State legislature to take up the issue of enacting statewide legislation regarding smoking bans in public places. The City Manager recommends approval of the resolution. MOTION: Butcher moved to adopt the Resolution No.2002-173 supporting, advocating and urging the Minnesota State Legislature to enact a statewide smoke- free law prohibiting smoking in places of employment and restaurants. Seconded by Case, motion carried 5-0. Roso,,v advised that since Councilmember Luse was attempting to speak prior to this vote,he should have been allowed to have the floor and make his suggested amendment. MOTION: Luse moved to amend Item(S) striking everything after the word 'fires.' Case seconded the amendment. Motion carried 5-0. Vote on Resolution as amended: motion carried 5-0. CITY COUNCIL AGENDA October 15,2002 Page 9 Mosman stated this..rill not be dropped as an issue. She asked Council if a task force ..ill be discussed. Case said direction has been given to Staff and gains have been made,but the issue will not be dropped because although Council went as far with the comfort level as most residents wanted,they still want to make substantive gains on indoor air quality in the City. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XH. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS Over the past several years,the City Manager and Director of Management Services reviewed student applications to Boards and Commissions and recommended appointments based on students' stated preferences and grade level. This year,the selection process was modified. The City Manager held a meeting with the staff liaisons to the Boards and Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. Twenty-two applications were received by the deadline at 4:30 p.m. on Friday, October 4. Three students are being recommended for each Board or Commission, for a total of 12 student appointments. Also for the first time this year a special orientation session will be held for the student representatives before they begin serving on their Board or Commission. The orientation will include general information on the City Council as well as Board and Commission structure and function. MOTION: Case moved to appoint Lauren Astry, Chris Shea, and David Westphal as Student Representatives to the Parks,Recreation and Natural Resources Commission to terms beginning November 2002 through May 2003. Seconded by Butcher, motion carried 5-0. MOTION: Case moved to appoint Morgan Hollister, Kian Missaghi, and Kaitlin Moss as Student Representatives to the Human Rights and Diversity Commission to terms beginning November 2002 through May 2003. Seconded by Butcher, motion carried 5-0. MOTION: Butcher moved to appoint John Buteyn, Mackenzie Epping, and Ross Viland as Student Representatives to the Heritage Preservation Commission to terms beginning November 2002 through May 2003. Seconded by Mosman, motion carried 5-0. MOTION: Mosman moved to appoint Andrea Deanovic,Meghan Dunning,Andrew Krause as Student Representatives to the Arts and Culture Commission to terms beginning November 2002 through May 2003. Seconded by Luse, motion carried 5-0. CITY COUNCIL AGENDA October 15,2002 Page 10 MV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. DISCUSSION ON A REQUEST FROM NEIGHBORS IN AN AREA NEAR MID`VEST ASPHALT Butcher said there are long-term concerns of neighbors regarding the height of the rubble pile and constant beeping of the bulldozer. She said there are also concerns about the crushing of the asphalt because of the heavy petroleum content in it. She asked that Staff contact the owner, Mr. Sabdvuck and have conversations about the concerns. 2. DISCUSSION ON APPROVING REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD Case stated he is not interested in having a tree house in every conservation easement,but Council did direct staff to develop some kind of proposal that is inhibiting. He said it's not a perfect solution,but it is acceptable to him. Mosman said she is concerned that Council may be setting a precedent since easements are not currently categorized. She said development of consequences should be considered and an aggressive education campaign instituted. Tyra-Lukens said it would be difficult to enforce grading the different types of easements. She said she'd like to look at it on a case-by-case basis. Luse said this is more about the understanding of the City process. He said he supports educating citizens about the easements. Butcher said she is concerned about consistency on this issue. She asked what kind of criteria could be used. She said rules and regulations are needed and enforced,unless there are hardship issues. She said without real criteria,we are measuring with different yardsticks. Lambert said property owners should be educated through the title search process when they buy property,but the problem is when properties change hands. He suggested information in the form of newsletters or mailings that are sent to property owners periodically. Lambert said Council will have to look at the requests on a case-by-case basis,with restrictions. He said Staff found a way to allow it to happen in this case,but not set a precedent. Luse said Council has asked Staff for recommendation and should go ahead v.rith that. T37a-Lul:ens said this tapes a lot of Staff time and taxTayer dollars and she CITY COUNCIL AGENDA October 15,2002 Page 11 believes there should be some Lind of permit fee for the process. Case said he also believes there should be consistency and he wants to move on and work to correct future issues. MOTION: Case moved to approve the request to construct a tree fort in the Conservation Easement at 11623 Landing Road. Seconded by Luse, motion carried 4-1. Butcher opposed. Rosow clarified that all conservation easements are on titles to properties, obtained through the development process, so it is on the title at no cost to the City. 3. DISCUSSION ON A LETTER FROM A DEVELOPER COMMENDING EMPLOYEES OF EDEN PRAIRIE Luse acknowledged his colleagues efforts in development of the Smoke-free ordinance. Luse mentioned support for the organization of"Forward Eden Prairie" that pulls together different entities,businesses, City, school board, to promote why Eden Prairie is a great place to live and work. Luse presented a letter from Pemtom Land Company, dated Oct. 3,2002,to the Mayor and City regarding utility services in Hennepin Village. The letter commends the outstanding work of the Public Works staff for their assistance in the contract process. 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 1. Flying Cloud Airport (Item removed at the request of City Attorney) XV. OTHER BUSINESS XN1I. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjoumed the meeting at 9:16 p.m.