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HomeMy WebLinkAboutCity Council - 01/19/2010 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 19, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:03 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Cub Scout Pack 342, sponsored by Immanuel Lutheran Church, presented the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. DR. MARTIN LUTHER KING,JR., PROCLAMATION Mayor Young read a proclamation proclaiming 2010 as a year to celebrate human rights and diversity. Marcy Harris, Vice Chair of the Human Rights & Diversity Commission, announced the start of the 2010 Human Rights Award application process. She noted awards may be given in four categories: individual, nonprofit, business and youth. The awards will be presented at the City Council meeting in April. B. AWARDS OF VALOR Police Chief Reynolds and Fire Chief Esbensen announced the presentation of the Police Department's Award of Valor in recognition of the heroic efforts of a few Eden Prairie citizens after two plane crashes, one on August 12, 2009, and another on October 5, 2009. Mayor Young presented the awards to Jacob Appel, Christophe Cooper, Kelly DeBerg and William Halpin for their heroic efforts after the August 12 crash in the yard of the Cummins-Grill House. He then presented awards to Paul Ansolabehere, Robert Schmidt, and Christina Seifferman for their efforts after the October 5 crash in a nature preserve. He also presented Letters of Commendation to Allen O'Day and Robert Meyers for their efforts after the October 5 crash. CITY COUNCIL MINUTES January 19, 2010 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Duckstad added Item XIV.A.1. Neal noted there is an addition to Item VIII.A. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 5, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, January 5, 2010 as published. Motion carried 4-0- 1, with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION UPDATE Marcy Harris, Vice Chair of the Human Rights & Diversity Commission, presented an update on the activities for the past two years. She said from August to December 2009 the commission worked on reviewing and developing a Religious Holiday and Diversity Policy which will be discussed by the Council later this evening. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Second Reading of Ordinance 1-2010 for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres. Location: Franlo Road and Niblick Lane. (Ordinance No. 1- 2010 for Zoning District Change and Zoning District Amendment) C. ADOPT RESOLUTION NO. 2010-14 APPROVING FINAL PLAT OF OLYMPIC HILLS CHRIS ADDITION D. ADOPT RESOLUTION NO. 2010-15 OF SUPPORT FOR LOWER MINNESOTA WATERSHED DISTRICT REQUEST FOR BONDING TO REPAIR AND STABILIZE THE MINNESOTA RIVER BANK IN EDEN PRAIRIE E. APPROVE SCHEDULE OF COMPLIANCE AGREEMENT WITH MPCA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RICE MARSH LAKE TRAIL CONNECTION CITY COUNCIL MINUTES January 19, 2010 Page 3 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE STARING LAKE TRAIL CONNECTION H. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR A RATE ANALYSIS FOR WATER, SANITARY SEWER AND STORM DRAINAGE I. ADOPT RESOLUTION NO. 2010-16 AMENDING FEE RESOLUTION NO. 2009-77 J. APPROVE PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT FROM PUSH, PEDAL, PULL MOTION: Duckstad moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 1 AND 2, BLOCK 2, THE RIDGE AT RILEY CREEK 2LD ADDITION (Resolution No. 2010-17) Neal said official notice of this public hearing was published in the December 31, 2009, Eden Prairie News and sent to three property owners. The property owners have requested the vacation of a portion of the underlying drainage and utility easements dedicated with the plat of The Ridge at Riley Creek 2nd Addition. The lot line between this lot and the adjacent lot were administratively moved and new easements dedicated. The intent is to vacate the underlying easements as they are no longer necessary. He noted this is in the housekeeping category. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2010-17 vacating that part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2, Block 2, The Ridge at Riley Creek 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2, except the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Duckstad, Nelson and Young voting "aye." CITY COUNCIL MINUTES January 19, 2010 Page 4 XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 2-2010 AMENDING CITY CODE CHAPTER 2.86, SUBD. 3, RELATING TO DISPOSAL OF EXCESS PROPERTY Neal said the ordinance change will allow the City to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. This change is in accordance with Minnesota State Statute 471.345, Subd. 17. MOTION: Nelson moved, seconded by Aho, to approve the second reading of Ordinance No. 2-2010 amending City Code Section 2.26, Subd. 3,relating to the disposal of excess property. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO. 3-2010 AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION NO. 2010-18 APPROVING SUMMARY ORDINANCE Neal said this is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved lst reading of the ordinance on October 6, 2009. Rosow said the ordinance change clarifies by amendment the definition of what was in the ordinance of public facilities to clearly identify and substitute the term "public infrastructure" so that it was clear that the word "structure" in the existing ordinances did not refer to buildings rather than infrastructure. The purpose of the amendment is a global change to the ordinance to clarify the definition as it applies to all districts within the community. He said there were some questions about the manner in which it was put on the agenda for second reading. It was put on the agenda because when the City Council directed it to be continued, it is brought back in the same manner it was when it was continued. Nelson said in our initial passing of this we didn't discuss why it had come up, and she would like to hear why it came up now and what precipitated this particular ordinance. We had a request during the Open Podium session tonight that this be postponed, and she would like to know how this would affect the Barbara Kaerwar property. Rosow said staff approached him some months ago to say there was a request relating to the Kaerwar property for a use the applicant thought fit within the definition of public facility structures. At that time staff expressed to him, and he concurred, that was not the way that provision was interpreted, and an amendment to the ordinance would be in order. Mike Franzen took the lead on drafting the proposal to amend the ordinance to protect all districts, and Mr. Rosow reviewed that. It was brought before the City Council in that context. CITY COUNCIL MINUTES January 19, 2010 Page 5 Jeremiah said during the meetings that staff and the City Attorney have had with residents and the Watershed District we learned the perception of the neighborhood is that the ordinance amendment before the Council tonight, which is meant to be a clarification, is actually a vote "no" on the proposal and that shows we are closed minded to the idea of the proposal. She said she was comfortable deferring action on the ordinance clarification assuming the Watershed District continues to work with the application for Comprehensive Plan amendment and rezoning. She thought that would be a show of faith on the part of staff that this amendment wasn't meant to close the door on the proposal. Nelson said she understood the property is under a non-revocable conservation easement currently. Rosow said it is a conservation easement under the Minnesota statute that specifically provides for conservation easements. The statute provides that a conservation easement is effective and binds the grantor when it is accepted by the entity that is being granted the conservation easement and it is filed. This particular conservation easement has an acceptance by the Minnesota Land Trust to whom it was granted. The conservation easement was filed against the property, so it is his opinion this is a binding conservation easement that could only be changed by the party that benefitted, the Minnesota Land Trust. Nelson said it is wonderful to keep land open to the community and asked how the new wording of the ordinance would affect how the Kaerwar property is used. Rosow said the current use of the property as a residential home is not affected. The proposal to use it as Watershed District offices would not be an allowed use under the amended version and, in his opinion, is not an allowed use under the current version, although that is disputed by the Watershed District. If there is a party that has an interpretation that is different, it is good to clarify the ordinance so there is no misunderstanding. Neal said there are times staff members don't reach the same conclusion, and he was not sure that a six-month waiting period would enable the City Council to reach a better conclusion. Neal said in his opinion, and as the City Attorney just said was his opinion, this is not an allowable use under our current ordinance nor would it be an allowable use under the proposed ordinance. A six-month waiting period might provide the Council with additional ways to try to accommodate the proposal in some way; however, our zoning code doesn't accommodate special situations and we shouldn't encourage "spot zoning." He encouraged Council Members to have some additional discussion about this tonight and, if so inclined, go through with this change because it wouldn't change the way the proposal is received. Case said he supported the ordinance as it does not apply to the Kaerwar property. Since there isn't an urgency to clarify the ordinance,he would prefer to continue it until a date certain as a good faith gesture. Aho said it was extremely important for a city to have clear, concise ordinances that everyone can understand and that apply equally to all. We are making the ordinance clearer so that everyone in the community understands what is meant to CITY COUNCIL MINUTES January 19, 2010 Page 6 be conveyed by that ordinance. If we waffle on an ordinance, it sends a message that we are not clearly convinced the ordinance is right. Clearly the opinion has been that a proposed use that has not been put forth formally to the City was already determined to not work within the current ordinance. Voting to have the second reading tonight finalizes the process. He didn't think it makes a change to any future potential use of the Kaerwar property, and he was in favor of moving forward tonight. Duckstad asked if Mr. Rosow believed that we would legally interfere with any rights of the present property owner if we go ahead and vote on second reading tonight. Rosow said he did not believe so because under the current ordinance the Watershed District's proposal is not an allowable use. With respect to Ms Kaerwar's right in particular, she has already generously restricted the uses of her property in a conservation easement, so he did not believe the action tonight affects the intent to preserve this property under the conservation easement. Duckstad noted he believed Ms Kaerwar's property rights are very important, as are those of any property owner. Young said he understood why the Watershed District and Ms Kaerwar are interested in this ordinance,but he thought it is important to understand there has been a lot of discussion on a matter that isn't procedurally before the City Council this evening. We don't have a request for variance before us under either the current or the proposed ordinance. If we did, we would be making a specific decision about a specific parcel knowing precisely what is intended for the parcel. All we have before us is a proposed clarification by staff to an ordinance that has City-wide application. He said he was left not fully understanding what waiting six or nine months would do for us. If there is a specific proposal that the Watershed District has, they can seek a variance under the amended ordinance just as they could under the ordinance as it exists. Case said he didn't know it does anything for the City to wait,but he also didn't know it does anything for the City to pass it tonight. He thought the advantage in waiting is what it does perceptually for the neighbors. He suggested we put this off until July or August and allow them to bring a proposal into an environment that is not perceived as adversarial. Young thought we have been responsive to them because it was considered for second reading last November. He hoped two months has answered any questions people had about the impact. Nelson didn't think this ordinance changes anything that has to do with the property. She said the problem is the impression, and at some point we will need to go further and see how we accomplish this if it is possible. There are a large number of people who are not sure this clarifies things,but it is a legally good change. She was not sure if it needs to go out as far as six months. She hoped the discussion will change to what can be done and what is appropriate to allow for some very generous considerations on the part of Ms Kaerwar. She would like the neighborhood to feel comfortable their concerns are being considered. CITY COUNCIL MINUTES January 19, 2010 Page 7 Aho thought postponing it just sends a false message that things might change if we wait. He thought our current ordinance is clear that it does not allow this use. Changing the language just clarifies it even more. He thought getting input from others and having proponents tell us how to write our zoning ordinances is dangerous territory. Young said we shouldn't have discussion about what really is a variance unless we have a request before us. Duckstad asked if the purpose for this ordinance tonight was to simply make the existing ordinance clearer and if it was drawn in good faith for the sake of clarity and not to change anything that is already in the ordinance. Rosow said that was correct. MOTION: Aho moved, seconded by Duckstad, to approve second reading of Ordinance No. 3-2010 relating to the definition of public infrastructure and to adopt Resolution no. 2010-18 approving Summary Ordinance. Motion carried 3-2-0, with Case and Nelson opposed. C. WAL-MART by The Benham Company. Second reading of the ordinance for zoning district amendment in the Commercial Regional Service District on 16.86 acres, Resolution for site plan review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment; Resolution for Site Plan Review) Neal said we were to have the final approval of plans and the development agreement for the project tonight,but there was late-breaking news on this item. Rosow said Wal-Mart, through its attorney, delivered tonight the long-awaited request for a continuance and extension of the matter to February 16 so the City Council does not need to take action tonight. We had told Wal-Mart the Council was going to have a policy discussion tonight, and we needed to hear that discussion to get clearer direction. Between now and February 16 we need to act on the direction the Council provided at the meeting to work out the remaining issues with Wal-Mart and bring back to the Council a signed development agreement that the Council can approve. Young asked what action would be needed for the item. Rosow said the motion should be to continue the item to February 16. MOTION: Case moved, seconded by Duckstad, to continue the item to the February 16 meeting of the City Council. Nelson asked that we go over all the details when it comes back for second reading. She would like to review what has gone on, what they want, and what we are getting. CITY COUNCIL MINUTES January 19, 2010 Page 8 Neal noted Ms Steinwall, the Wal-Mart attorney, is in the audience. He thanked her for avoiding the necessity of negotiating a development agreement at the City Council meeting. He said staff will finish it up prior to the meeting next time and will present it in detail at that time. VOTE ON THE MOTION: Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Budget Finalization— Council Member Duckstad Duckstad said he wanted to comment on the budget finalization report the City Manager will present regarding the completion of the $250,000 cuts that were needed to meet our 2010 budget. He wanted to thank the City Manager and staff for the hard work to put together the 2010 budget. With regard to the 2010 and 2011 capital improvement spending that may come up,he wanted to recommend to the other Council Members that we request a limited moratorium on some of our capital spending in light of the economy and the fact we may continue to have a shortfall of revenue. He thought we need to look carefully at our capital expenditures and consider holding back those that are really not needed to advance the needs of our City. He said he understood we use capital improvement funding for things that are necessary such as our road maintenance. We still have more difficult work because we have to complete a 2011 budget. He suggested we give staff some direction on how to proceed with that and he thought we should consider another flat budget like the one we adopted in 2010. B. REPORT OF CITY MANAGER 1. Relisious Holiday Policy Neal said it was important to get some context on this item. Last year there was some conflict about a scheduling of a public event on one of the Jewish high holy days, and we decided we needed to take better care to recognize some of the high holy days and schedule community-wide special events or special meetings around them. The matter was sent to the Human Rights & Diversity Commission, and they began to look at what some of our nearby cities do. They came up with the idea that we adopt a policy that gave City staff direction on how to show respect for the high holy days of the major faiths. After completing their research the commission compiled a list that includes eleven holy days. CITY COUNCIL MINUTES January 19, 2010 Page 9 Neal said the policy is directing that those 11 days be preserved and respected as days when we would not hold public meetings or schedule special event-type activities. For other kinds of activities we would look at doing our best when practicable to avoid scheduling activities on those days as well. The item from the Human Rights & Diversity Commission is directed to the City Council because it has an impact on how things are scheduled. If adopted, this particular calendar would change one meeting of the Flying Cloud Advisory Commission and one meeting of the Human Rights & Diversity Commission in 2010. Young said the policy is undoubtedly well intentioned,but he thought it would add confusion for a number of reasons. There is the question of what you define to be the major holy days. We also have an inconsistency with the days we are open for business. He said by and large we honor the holidays that are recognized by the state, and many of the holy days on the list are not recognized by the state. Duckstad said he believed this ordinance has come to us in good faith, and he respects and appreciates the work of the Human Rights & Diversity Commission on this. He was concerned that we might have omitted somebody from the list that we shouldn't have. It also creates a little bit of a slippery slope, and it may open up additional problems even though that wasn't the intent of the suggested change. Our position is that we support and respect all religions. With good intention we might just create a situation that doesn't accomplish what we want. Nelson said she was not sure this is something that should be done at a policy level. She would like to see the commission do a yearly calendar of these events for staff to take into consideration when they plan things. Case agreed with Council Member Nelson and supported the idea of recognizing there can be a concern and a way to show sensitivity to other religions. He agreed it is great that we are having this discussion, and staff probably now know they are to be sensitive to not scheduling public meetings on religious holidays. Aho said it was prudent to respect all religions and honor them. He thought setting policy is the wrong move because there may be unintended consequences when we pass policies like this. He suggested we direct staff to continue to schedule things according to our state calendar and do the best job we can at avoiding days that might be sensitive to other people. Neal said he understood this would present some difficult questions for Council Members as policymakers to answer as to what made the list and what didn't. He said he understood the Council wants staff to consult the calendar at the beginning of the year and advise the Council of when those holidays occur when we schedule major public events. Staff could advise the Council of when those days are and the Council could decide if it is CITY COUNCIL MINUTES January 19, 2010 Page 10 significant enough to vary from a standard schedule. The de facto policy we have now is to avoid the major Christian holidays because that corresponds to the state calendar. He cautioned that this might come back to the Council at some point. 2. 2010 Budget Reduction Plan: Review and Approval Neal said the Council's final approval of the 2010 budget in 2009 included a direction to further reduce 2010 General Fund spending by $250,000. The Council directed staff to prepare a plan for making that reduction and to present that plan to the Council for approval at the January 19 Council meeting. The budget reduction plan reduces Facilities Internal Service Fund and the Information Technology Internal Service Fund by $50,000 each. He said the plan also implements an across-the-board reduction to General Fund departmental budgets of 0.4%. The cumulative impact of a 0.4% across-the-board reduction in our General Fund is $150,000. There is a long list of items with many small and minor reductions in General Fund spending. He said this does not make a material change in our service levels for the 2010 budget. MOTION: Aho moved, seconded by Duckstad, to approve City Manager's proposal to reduce the approved 2010 General Fund spending by $250,000. Motion carried 5-0. 3. Fire Relief Association Update Neal said at the November 17 joint meeting of the City Council and Budget Advisory Commission (BAC), the Council expressed its support of the following BAC recommendation concerning the Eden Prairie Fire Relief Pension Association: "The BAC recommends that the City Council, staff, and the Firefighter Relief Association review the various pension plans available for the volunteer fire service. Determine which plan(s)provide stability and consistency for the required City contributions and a fair benefit to volunteer firefighters. The BAC also recommends that the City and the Firefighter Relief association review the objectives, time horizon, and risk tolerance of the Fire Relief Investments to determine that Fire Relief Association and City objectives are met." Neal said there is no action requested of the City Council,but he wanted to make sure there was some follow-up given to the item. He said there are lots of different ways to go about this but he would recommend that the two members of the City Council who are on the Fire Relief Association Board initiate discussion there to see if there is some willingness to include that discussion at the meetings there. He noted the City Council would need the support of the Board in order to make changes. CITY COUNCIL MINUTES January 19, 2010 Page 11 Nelson asked who the Council Members are that will serve. Young replied Council Member Case and he were appointed. He thought it was a good proposal,but he thought there should be a broader base discussion by the Council to have a better understanding of our role in the Fire Relief Association. He thought we should also include the members of the BAC in the discussion. Case thought it should also go through the Fire Relief Association Board to respect the process and it should go there first. Neal said there is a meeting of the Fire Relief Association Board next Thursday. Duckstad thought we should have some further discussion on the manner in which the contribution is set up. He understood the City Council makes its own determination as to how much to fund the pension,but he was not clear as to whether the Council makes a definition as to the nature of the contribution. He thought there may be some different legal aspects we don't know about so he would like more information. Neal said we do need to work this through with the support of the Fire Relief Association. There are key elements that are outside the control of the City Council. It would not be constructive in making changes if it becomes a situation where folks are potentially at odds with one another. He asked how the Council saw proceeding at this point and if it should be raised at the Board meeting next week. Young said Council Member Case and he should initiate some form of discussion for purposes of education. He thought a workshop should be scheduled in the near future to educate the Council on how it works. Case asked if we would invite the Fire Relief Association. Young said we could invite them. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:30 PM.