HomeMy WebLinkAboutCity Council - 04/26/2005 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,APRIL 26, 2005 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. SENIOR AWARENESS PROCLAMATION
Mayor Tyra-Lukens read the proclamation. She invited City Staff Carla Kress and John
Dollerschell, Chair of the Senior Advisory Board, to come forward to accept the
proclamation. Kress stated Senior Awareness Month (originally Senior Awareness
Week) began in 1993 as a way to acknowledge and celebrate the City's older citizens, to
recognize agencies that serve seniors, and to promote cross-generational contact. Over
21 events are planned throughout the month. In addition, this year's celebration includes
a raffle of items handcrafted by local seniors.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Butcher added an item about Purgatory Creek Recreation Area under Reports of
Councilmembers. Aho added an item about Round Lake water quality under Reports of
Councilmembers. Rosow announced the Council would adjourn and then reconvene in
closed session.
MOTION: Young moved, seconded by Case, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 12, 2005
MOTION: Case moved, seconded by Young, to approve the Council Workshop
minutes as published. Motion carried 5-0.
CITY COUNCIL MINUTES
April 26, 2005
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 12, 2005
MOTION: Case moved, seconded by Butcher, to approve the City Council
minutes as published. Motion carried 5-0.
VII. CONSENT CALENDAR
A. ADOPT RESOLUTION NO. 2005-60 APPROVING FINAL PLAT OF
EDEN BLUFF
B. ADOPT RESOLUTION NO. 2005-61 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
FOR TH 212/CHARLSON ROAD INTERSECTION IMPROVEMENT
PROJECT, I.C. 05-5638
C. ADOPT RESOLUTION NO. 2005-62 PETITIONING RILEY-
PURGATORY-BLUFF CREEK WATERSHED DISTRICT TO FUND THE
RILEY CREEK WATER MANAGEMENT PROJECT, I.C. 03-5589
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO TO
BEING PRELIMINARY INVESTIGATION OF THE SUPER VALU AND
WASHINGTON AVENUE LIFT STATIONS
E. AWARD CONTRACT FOR 2005 BITUMINOUS CRACK-SEALING TO
PRECISION SEALCOATING, INC.
F. APPROVE ADVERTISEMENT FOR BIDS FOR RE-CARPETING OF
CITY CENTER
G. ADOPT RESOLUTION NO. 2005-63 FOR REIMBURSEMENT FOR
PRIOR EXPENDITURES OUT OF THE PROCEEDS OF
SUBSEQUENTLY ISSUED BONDS
H. ADOPT RESOLUTION NO. 2005-64 SUPPORTING APPLICATION FOR
A TRANSIT-ORIENTED DEVELOPMENT GRANT PROGRAM
THROUGH HENNEPIN COUNTY
I. AWARD CONTRACT FOR CREEK STABILIZATION PROJECT FOR
PRAIRIE PINES DEVELOPMENT
J. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT
WITH SCHOOL DISTRICT 272
MOTION: Aho moved, seconded by Butcher, to approve items Items A-J on the
Consent Calendar. Motion carried 5-0.
CITY COUNCIL MINUTES
April 26, 2005
Page 3
VIII. PUBLIC HEARINGS/MEETINGS
A. VACATION OF PLATTED EASEMENTS IN LIFETOUCH ADDITION,
VACATION 05-01 (2005-65)
Neal stated the Property Owner has requested the vacation of all underlying
easements within the Lifetouch Addition plat to remove possible encumbrances to
the replat of the property, Lifetouch 2nd Addition. He said this matter is
somewhat perfunctory,but needs a public hearing and vote nonetheless.
Case noted the Council often holds two public hearings in such cases. He asked
why the actions couldn't be combined in one hearing. Rosow explained that
sometimes when easements are vacated on an old plat that is the same as a new
plat, a new plat is never filed, and this has caused problems for other cities. Case
said his question was answered.
There were no comments from the public.
MOTION: Case moved, seconded by Aho, to close the Public Hearing and adopt
Resolution No. 2005-65 vacating the Drainage and Utility Easements for ponding
purposes in Lifetouch Addition. Motion carried 5-0.
B. SITE ALTERATION PERMITS #2005-01-0001 J.R. Cummins House, 13600
Pioneer Trail
Neal stated the Heritage Preservation Commission has reviewed an application for
a Site Alteration Permit for the J. R. Cummins House located at 13600 Pioneer
Trail. The application is for repair or replacement of badly deteriorated features.
The Commission voted in favor (5-0) of the repair plans and specifications, and
recommends the City Council approve the Heritage Preservation Site Alteration
Permit.
Jeremiah added context on why action is needed, as well as on budget issues.
Because the property has a historic designation, the Council must act on any
changes. Jeremiah noted repairs to the J.R. Cummins House were anticipated in
the capital improvements plan, and $72,000 was allocated. Although costs have
risen, the City will still be able to do all the planned repairs except the wood
shingle roof. The Heritage Preservation Commission saw the roof as the lowest
priority and recommended postponing it if needed. Jeremiah said the contract
could be awarded next week if approved. Neal added that the project has already
been competitively bid.
There were no comments from the public.
MOTION: Butcher moved, seconded by Case, to adopt findings for Site
Alteration Permit#2005-01-0001, close the public hearing; and approve Heritage
CITY COUNCIL MINUTES
April 26, 2005
Page 4
Preservation Site Alteration Permit #2005-01-0001 (J. R. Cummins House).
Motion carried 4-0 with Young abstaining.
C. SITE ALTERATION PERMITS #2005-02-0004 Riley Jacques House, 9100
Riley Lake Road
Neal stated The Heritage Preservation Commission has reviewed an application
for a Site Alteration Permit for the Riley-Jacques House located at 9100 Riley
Lake Road. The application is for repair or replacement of badly deteriorated
features. Most of the work is for roof, masonry, foundation and trim repair. The
Commission voted in favor(5-0) of the repair plans and specifications, and
recommends the City Council approve the Heritage Preservation Site Alteration
Permit.
MOTION: Case moved, seconded by Butcher, to adopt findings for Site
Alteration Permit#2005-02-0004, close the public hearing; and approve Heritage
Preservation Site Alteration Permit #2005-02-0004 (Riley-Jacques House).
Motion carried 4-0 with Young abstaining.
IX. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Young, to approve Payment of Claims as
submitted. The motion was approved on a roll call vote with Aho, Butcher, Case,
Young, and Tyra-Lukens voting "aye."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Query Rmardins!Pumatory Creek Recreation Area Completion
-
Councilmember Butcher
Butcher stated she had talked to residents while biking in the Purgatory
Creek Recreation Area and relayed their questions about when the trail
work would be complete. Lambert said the work had been scheduled to be
completed last fall,but four areas were still settling. Crews are now
hauling surcharge fill to get the trail to its intended level. Then base and
asphalt will be added. Lambert said the entire trail should be complete by
early June. Lambert also said the new vehicle access across from Bilimbi
Bay, which will allow two-way traffic, will be completed by late summer
CITY COUNCIL MINUTES
April 26, 2005
Page 5
or early fall. That surcharge has been in place for four years now, but is
now ready to be removed. Butcher said those two improvements would
make a lot of residents very happy.
2. Alternatives for Round Lake Water Ouality Improvement—
Councilmember Aho
Aho said many residents would still like to see Round Lake cleaned up
and restored as a swimming area. He wondered if there might be other
methods, or a combination of methods, which might be feasible. Aho
stated the watershed district engineers had done a good job,but said it
would be nice to have some independent comment, since the same
engineers were both evaluating the lake and planning to do the work. Aho
proposed a motion to charge Staff to have an independent, credentialed
group revisit the Round Lake water quality problem and give ideas.
Case said the motion might have merit,but proposed having Lambert and
Dietz review the previous actions and discussion with the Council to bring
everyone up to speed. Case noted it had taken two years of discussion and
analysis to finally reach the conclusion that the expense of cleaning up
Round Lake was so great, it might make sense to build an outdoor pool
instead. After reviewing the past actions in a workshop, the Council could
then decide whether or not to bring in an independent group.
Aho agreed a review would be helpful. He said he had reviewed some on
his own but it would be worthwhile to get a complete overview. Tyra-
Lukens said there might be new technologies to look at as well.
Dietz said meeting with watershed district engineers would be good,but
cautioned the Council not to expect new solutions from them. Dietz said
the watershed district has the idea that a plan has already been developed.
He did not expect any buy-in for new ideas.
Case stated a review of the details would benefit both new and more
veteran councilmembers. With a price tag of$1 million for the current
plan, it could be worth looking at other methods to mitigate the problem.
Tyra-Lukens asked Young if he had been on the Council for the Round
Lake discussions, and Young said just for the tail end. He agreed a review
would be helpful.
Butcher suggested putting a summary of the Round Lake decision making
on the City website as well, so residents could see it. She recalled a price
tag of$1 million plus $50,000 to $60,000 in annual maintenance costs for
the alum treatment plant. She stated residents see Round Lake as central
and they should be able to see how decisions about it have been made.
CITY COUNCIL MINUTES
April 26, 2005
Page 6
Aho concurred. He said he'd started thinking about revisiting Round Lake
based on a discussion with a resident who suggested a natural solution
with a price tag of$200,000. Aho noted due diligence obviously would
have to be done to see if the idea was workable,but if it could work, it
would be a win-win.
Butcher asked if the watershed district would pay part of the cost. Neal
said the cost split varies between projects. Lambert clarified that
recreational projects, such as a trail around a lake, are split 50-50 between
the City and the watershed district. Land acquisitions are split more along
the lines of 70-30 or 90-10, with the city picking up most of the cost.
Water quality improvements, however, are typically borne 100 percent by
the watershed district. The City would only pay the operating costs.
Lambert noted the alum treatment plant is a proven way to clean a lake.
The long-term effects are of concern.
Lambert suggested Staff could come back with a history of the Round
Lake issue and a cost of getting an unbiased opinion. Whether it is City
money or watershed district money, $1 million is still a lot for taxpayers
and a second opinion might be warranted.
Tyra-Lukens stated concerns that if various factors continued to negatively
impact the water quality in the lake, the alum treatment plant might not
help. Lambert noted the alum treatment plant was the one controversial
part of a fairly complex plan, including five or six other components such
as ponding. Dietz noted the original ponding at Round Lake was designed
to reduce runoff and that the ponding is already being enhanced and
reconstructed.
Neal said Staff would prepare a report on Round Lake and present the
scope and cost of an independent evaluation, including a list of potential
vendors.
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. MCA Study Open House
Jeremiah reminded Councilmembers the MCA Study Open House is
tomorrow night.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Updated Parks Capital Improvements Plan
Lambert said the Capital Improvement Plan provides a plan and funding
sources for a five-year outlook. He recommended not looking too closely
CITY COUNCIL MINUTES
April 26, 2005
Page 7
at detailed costs because there are not detailed specifications. For
example, in the case of the trails, some are just at the stage of walking the
area with neighbors. It's not certain where the trail will go, how many
bridges there will be, where there will be trail access, etc. Lambert said
there would be significant outlays in 2006,however. The Capital
Improvements Plan represents Lambert's estimate of the size, scale, and
timing of projects. Lambert noted,however, that the plan changes every
year in response to residents' requests and Council directives.
MOTION: Case moved, seconded by Young, to approve the updated
Capital Improvement Plan as a concept approval for expenditures
of anticipated revenue over the next five years. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
A. CLOSED SESSION
1. City Manager's Performance Review
The Council moved into closed session for the purpose of evaluating the
City Manager's performance after the adjournment of the meeting.
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Butcher, to adjourn the meeting at 7:34 p.m. and
move into closed session. Motion carried 5-0.