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Home My WebLink AboutCity Council - 07/20/2010 - Workshop APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 20, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H Mayor Young was absent. Council Member Aho served as Acting Mayor. I. FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD City Manager Scott Neal said the Joint Airport Zoning Board has asked member cities to discuss how airport zoning administration will be handled. City staff has met with staff from the Metropolitan Airports Commission (MAC) to discuss the matter. Another meeting of City staff and the Joint Airport Zoning Board is anticipated. City Attorney Ric Rosow presented a PowerPoint on proposed airspace zoning. Rosow showed a map of Flying Cloud Airport airspace safety zones and explained the types of restrictions that apply to each zone. Rosow explained that the zoning administrator would be responsible for determining whether or not proposed uses meet height restrictions or other provisions of the ordinance. The administrator would issue required permits and determine if there are violations of the ordinance. Rosow said that MAC's position is that the City should act as the zoning administrator because the City is accustomed to applying zoning ordinances. Neal said that the staff time and cost required to administer the ordinance would be fairly minimal. One pro of serving as the zoning administrator is that it allows "one stop" for permits for property owners in Zones C and B. It also allows the City to maintain more local control. On the other hand, the City would be liable for zoning decisions, and there is no indemnification if the zoning administrator makes a mistake in enforcement of the ordinance. Rosow reviewed several legal cases involving takings related to airport zoning. He noted that if the City adopts the FCM Zoning Ordinance, it would likely be a defendant in any taking case. A pro to adopting the FCM Zoning Ordinance is that it would support the analysis that the regulation is an arbitration of competing uses. In addition, MAC would City Council Workshop Minutes July 20, 2010 Page 2 agree to indemnify the City in any takings cases if the City adopts the ordinance and acts as the administrator. Rosow said the indemnification agreement as drafted by MAC's staff grants MAC the right to determine if the City is entitled to indemnification. The City has proposed an alternative standard, which the MAC staff does not support. MAC staff's proposal would allow MAC to unilaterally terminate its defense and indemnification: • If the City amends its zoning code or comprehensive plan to change provisions previously adopted • For failure to perform an obligation under the cooperation section • For failure to perform an obligation under the notice section • If a court determines the claim is not the type for which indemnification is required In addition, MAC will not indemnify for: • Failure to follow procedures established by the ordinance, comp plan, city zoning, or applicable law • Gross negligence or willful misconduct • Actions involving self dealing or conflict of interest • Actions of an individual not performed in an official capacity or representative of the City Rosow said he finds the phrase "gross negligence" problematic. He said the City is proposing a standard set forth in Minnesota Statutes Section 466.07, which requires indemnification of officers and employees provided the person 1) was acting in the performance of duties of the position; and 2) was not guilty of malfeasance in office, willful neglect of duty or bad faith. Rosow asked for City Council input on the following issues: • Should the City to serve as the zoning administrator? • Should the City adopt the FCM Zoning as part of the City Code and Comprehensive Plan? • What standard of indemnification should be used? Nelson asked about noise law suits. Rosow said both MAC and the City of Bloomington were named as defendants in a recent law suit. Council Member Case said he does not see a compelling reason for the City to agree to act as the airport zoning administrator. Council Member Aho asked how staff feels about it. Community Development Director Janet Jeremiah said it would not add a huge workload burden. She said she is more concerned about the honest mistake issue relating to proper noticing. City Council Workshop Minutes July 20, 2010 Page 3 Case said he believes our current City Code already keeps us in line with the proposed airport zoning ordinance. Nelson asked if it could be used only in cases of nonconforming uses rather than by anyone putting up a deck, etc. Case said he would like more information on what it would look like if the City does not act as the zoning administrator. Rosow said once the Supreme Court decides on the DeCook 11 case,he will be better able to judge liability of joint airport zoning boards. He said a decision is expected within a year. Nelson and Case asked if there is a particular hurry to implement an ordinance. Rosow said this has been a long standing request and goal of MAC. Nelson said she wants to know if the airport zoning ordinance will affect every resident who wants to make a change. Rosow said he will research the issue and report back to the City Council. Council Member Aho read a statement regarding the recent investigation into Mayor Young's expense reimbursements. He said it is critical for all employees to be careful when filing expense reports. Accuracy from the top down is important. He said the City Council appreciates the staff's diligence in this matter. Council Chamber II. OPEN PODIUM A. TAMIYA SMITH—JUVENILE JUSTICE ISSUES Smith said she is concerned about juvenile justice issues. She said she has noticed an increase in petty crimes committed by juveniles. She said the police can only ticket juveniles, so they don't have the power to reduce crime. She hopes the City can work with Hennepin County on these issues. She said there should be more activities for 13 to 15-year-olds in Eden Prairie. She noted that the bus does not run to the Eden Prairie Community Center. B. TOMMY JOHNSON—MAYOR YOUNG'S EXPENSES Johnson said he still feels Mayor Young should resign. Johnson read portions of a police report on the investigation into Mayor Young's meeting reimbursements. Johnson said Young admitted he knew he was taking public funds for meetings he did not attend. Johnson called for Young to return the money he received for meetings he did not attend. He said all of Young's meeting attendance claims need to be verified. C. LARRY FRYE—PROPERTY LINEXROSION ISSUE Frye said when he had a pool installed in his back yard, he had his property surveyed. Frye said he noticed an erosion issue last summer and asked the City Engineer to look into the matter. This year, the Parks Department inspected the area and informed Frye that his swing set and boulder wall are on City property. Frye said the City's survey shows a different property line than his survey. Frye said he is City Council Workshop Minutes July 20, 2010 Page 4 willing to remove the swing set and to stop mowing on City property;however,he requested to work with the City to come to a compromise that would allow him not to have to remove the boulder wall. Neal said staff will work with Frye on the issues. Council Member Case offered to sit in on that process. D. JACK RHODE—MAYOR YOUNG'S EXPENSES Rhode said he was disappointed the Mayor was not in attendance. Rhode said he read the police report on the Mayor's "indiscretions," and he found it disgusting. Rhode said he has fired people for submitting false expense reports. Rhode said this issue is not about political parties,but about actions. He said the City needs better government and it is up to the City Council to take care of this problem. III. ADJOURNMENT