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City Council - 01/15/2002APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 15, 2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, Parks and Natural Resources Manager Stuart Fox, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist 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 Service Area 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. Tyra-Lukens reminded people that we are calling for applicants for Boards and Commissions. Applications are due by February 8, 2002. Tyra-Lukens requested people notify the Council regarding nominees for councilmember appointment by January 22. IV. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING, JR. Tyra-Lukens read the proclamation designating January for the recognition of Dr. Martin Luther King, Jr. She then introduced Harry Moran, Chair of the Human Rights Commission. Moran reviewed the timeline for awarding the 2002 Human Rights and Youth scholarships. He said the scholarships recognize accomplishments done during the year 2001. The award kickoff will be this week with press releases and mailings to local businesses, high schools and churches. Information is available on the City website along with forms for the nominations. The Youth Scholarship applications are due March 1, 2002, with the selections to be made at the March 12th meeting of the Human Rights & Diversity Commission. Awards will be presented at a Council meeting in May. CITY COUNCIL MINUTES January 15, 2002 Page 2 Nominations for the Human Rights awards will be taken through March 29, 2002, with the selection for the three award categories to be made at the April 9th meeting of the Commission. Those awards will also be presented at a Council meeting in May. Tyra-Lukens asked if the Youth Scholarship award is only given to a senior. Moran said it is given to a senior who intends to go to college and noted that seniors attending private schools are also eligible to apply for the award. Tyra-Lukens thanked Mr. Moran for his presentation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added Items XIV.A.1. Discuss Idea of City Council and Councilmember’s Goals for the Year and XIV.A.2. Task Force for Birch Island Woods. City Manager Jullie added Item XV.B.3. Recognize Award City Received for Excellence in Financial Reporting. MOTION: Mosman moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 8, 2002 MOTION: Case moved, seconded by Mosman, to approve the minutes of the Council Workshop held Tuesday, January 8, 2002, as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION 2002-13 APPROVING FINAL PLAT OF TURTLE POINT ADDITION C. ADOPT RESOLUTION 2002-14 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION D. ADOPT RESOLUTION 2002-15 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN CITY MAPPING E. ADOPT RESOLUTION 2002-16 AUTHORIZING EXECUTION OF THE MUNICIPAL WASTE ABATEMENT INCENTIVE FUND AGREEMENT FOR THE “BIG FOOT EDUCATIONAL CD-ROM” PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR CSAH 4/VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS CITY COUNCIL MINUTES January 15, 2002 Page 3 G. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF THE VEHICLES AT PUBLIC AUCTION H. ADOPT RESOLUTION 2002-17 WITH MNDOT FOR COST SHARING FOR ACQUISITION OF LANDSCAPE MATERIAL FOR TH 212 AT BRYANT LAKE DRIVE AND CROWN OAKS ROAD I. ADOPT RESOLUTION 2002-18 CALLING FOR A PUBLIC HEARING MARCH 7, 2002, TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT J. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT’S AUTO SERVICES FOR 2002 K. APPROVE THE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL BY AUCTION BROADCASTING COMPANY FOR 2002 Jullie said the date in Item I should be changed to March 19, 2002. MOTION: Mosman moved, seconded by Case, to approve Items A-K on the Consent Calendar, as amended. Motion carried 4-0. VIII. PUBLIC HEARINGS / MEETINGS A. UNITEDHEALTH GROUP PUD by UnitedHealth Group. Request for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and from Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Area-wide Review (AUAR) on 72 acres. Location: South of Highway 62, east of Shady Oak Road, north of City West Parkway. (Resolution 2002-19 for Guide Plan Change and Resolution 2002-20 for PUD Concept Amendment) Jullie said official notice of this public hearing was published in the January 3, 2002, Eden Prairie News and was sent to 38 property owners. He noted for the record this item does include the Alternative Urban Area-wide Review (AUAR). Tim O’Connor, Vice President for Real Estate and Procurement for UnitedHealth Group, thanked City staff for their cooperation over the last many months. He noted they appreciate the singular importance of the site. He then introduced the other representatives of UnitedHealth who were present. Patrick Bourgier, representing UnitedHealth Group, reviewed the 72-acre plan. He said they developed a complex that utilizes the New Urbanization concept and integrates office with private residences and retail. The development includes four office buildings, housing developments, a hotel property with restaurant facilities, structured parking and a new public street. CITY COUNCIL MINUTES January 15, 2002 Page 4 Tyra-Lukens asked if the new road enters City West Parkway at the same point where the current retail development empties. Bourgier said it does. John Dietrich, RLK Architects, noted the current site has potholes of wetlands. He said their concept with this plan is to put the building development into the 70 acres and make sure they have addressed the traffic impact and the basins of wetlands. They want to make this work in terms of the current regulations of the wetlands act. He noted the development will take less than one acre of the 11.5 wetland acres. There will be expansion of the roadway as well as improvements to Shady Oak Road. He said the development will be open for public transit, and they have minimized the tree loss. Franzen said the Community Planning Board recommended approval of the project on a 7-0 vote on December 10, 2001. The project is more of a rearrangement of land use than a guide plan change. The developer pays for a portion of the road improvements based on the impact to the road system. Mosman asked what quasi-public open space means. Franzen said it is open space that preserves natural features but is under private ownership. Case asked if a quasi-public designation is as strong as a conservation easement. Franzen said when we get to the rezoning stage, we will have a conservation easement that will go over the quasi-public designation. Marv Eggum, owner of the Shady Oak shopping center, noted he has not reviewed the construction plans, but he welcomes UnitedHealth as a neighbor. He asked if City West Parkway would have to be expanded to handle the increased traffic. Dietz responded that City West Parkway will not be expanded, but the intersection with Shady Oak Road will be improved with turn lanes. A lot of the roadwork will fall between City West Parkway and West 62nd Street. There may be additional right-of-way needs, and they are asking UnitedHealth Group to pay all the costs rather than having a special assessment. Mr. Eggum said they have an association that has a ponding area behind the shopping center and asked if this development would tie into that system. Dietz replied the landscape planner mentioned there will be retention on site and outflow will be restricted. Dietz noted this is a conceptual plan at this point, but we don’t expect to add to a problem in that area. Kathy Zenc, General Council for LSS Data Systems, which is located just south of City West Parkway, expressed concerns about the traffic impact. She asked if the road that will go through the development could be made one way so all the traffic would go out onto the frontage road on Hwy 62 and thereby avoid problems with after work traffic. She was also concerned about the drainage in the ponds behind the buildings. Dietz said the drainage issue will be more fully addressed in the final design. He said as to making the roadway system one way, he thought there was a very CITY COUNCIL MINUTES January 15, 2002 Page 5 thorough traffic study done. The developer will be responsible for $2.5 million in improvements to the road system, and there will be new signal systems as well. He noted that we will also need the regional improvements to make this work since the development will create significant demand on the system. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to adopt Resolution 2002-19 for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi- Public on 10 acres, and from Medium Density Residential to Office on 5 acres; to adopt Resolution 2002-20 for Planned Unit Development Concept Review on 72 acres; and to direct Staff to prepare a Developer’s Agreement incorporating Commission and Staff recommendations. Tyra-Lukens said she would like to state that she has been against a lot of guide plan changes; however, in this case it makes sense because she can see all the benefits from the guide plan changes. She really likes the proposal. VOTE ON THE MOTION: Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Butcher, Case, Mosman, and Tyra-Lukens voting “aye.” X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION Dietz said this amendment of the City Code relating to maintenance of herbaceous vegetation is to allow the use of native plantings to encourage water conservation and habitat enhancement. This change would give individual residents more choices for conserving water and thus meeting the intent of the Water Surcharge that was enacted in 1997 to encourage water conservation. He said we had a workshop last August to discuss the use of natural grasses as alternatives to lawns. The issue was how to provide homeowners with a better ability to make their property more natural. The primary change is in the definition of natural elements whereby up to 50% of turf grass can now be left to grow naturally because at least half of the area is dominated by trees and shrubs. Dietz said staff is recommending this ordinance be adopted and give it a try. Case said he liked this ordinance and thought it made a couple of clarifications. We have addressed the turf grass issue, and he thought this is a wonderful first start. Dietz noted the experience of other communities shows that you don’t expect dozens of these things to happen. CITY COUNCIL MINUTES January 15, 2002 Page 6 Case thought to some degree we grandfathered in some areas like hillsides, and in a way this brings into compliance what is already going on. MOTION: Mosman moved, seconded by Case, to approve the first reading of an Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Vegetation and Providing for Penalties for Violation Thereof. Motion carried 4-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES Jullie said, pursuant to the Council workshop held on December 4, 2001, there have been some changes made to the organization of Boards and Commissions. The primary changes are to abolish the Community Program Board by repeal of Section 2.24; to eliminate the Environmental Education Citizen Advisory Commission; to revise the matters with which the Arts and Cultural Commission and the Parks, Recreation and Natural Resources Commission are involved; to repeal Section 2.28 relating to the Heritage Preservation Commission and insert the text of that section in Section 2.23, subd. D and subd. 3; and to delete all references to Citizen Advisory Commissions and to refer to such groups as Commissions. Tyra-Lukens noted it is important for people to realize that the structures of Boards and Commissions have been fluid over the years. MOTION: Case moved, seconded by Mosman, to approve the first reading of an Ordinance amending Chapter 2 relating to Boards, Commissions and Task Forces. Motion carried 4-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Discuss Idea of City Council and Councilmember’s Goals for the Year – Councilmember Mosman Councilmember Mosman said last year as her first year on the Council, we did priorities for the year. She would like us to list goals and priorities this year. She would like to work on them at a workshop and also bring the ideas forward at a public meeting. Tyra-Lukens thought we could bring up ideas at the February 5 meeting individually and then discuss them at a workshop. Mosman noted there is a workshop scheduled for March 19. CITY COUNCIL MINUTES January 15, 2002 Page 7 2. Task Force for Birch Island Woods – Councilmember Mosman Councilmember Mosman said she has talked to Bob Lambert about the Birch Island Woods, Parcel A. She thought it would be logical to have a task force that would work on a plan for the use and also have input from the public. Lambert said he has talked to some of the people involved with preservation of the woods. We are getting a lot of questions from residents involved in the process over the last several years. A lot of people are volunteering their time and money for the project. He thought it is important to move ahead while people are still excited about the project. Lambert thought we should have a task force that helps the City develop a plan for the park--a program on what we will do and where. He said there is a young woman who is doing a project on the Birch Island Woods at the University of Minnesota that might be able to tie into this. He thought we should spend a few months and do some good planning up front, then we can go to all the different groups and utilize their volunteerism and their money for the park. He thought the number of people on the task force should be kept to less than 10. Lambert said he would be willing to come to the February 5 meeting with a proposed charter statement for a task force with the purpose stated and a timeframe set. He suggested we talk to people in the meantime to get names of those who might be willing to work on the task force. Butcher thought it was a good idea to find broad representation from around the City, not just people who live in that area. Tyra-Lukens said Item XIV.B.1 is similar to this issue and she wants to be sensitive to not undermine the Parks Commission. We need to be concerned on how we see the role of the Parks Commission on this as well as the Jean Harris memorial. Lambert said we would have the Birch Island Task Force report to the Parks, Recreation and Natural Resources Commission before it comes to the City Council. The task force would be made up of representatives from special interest groups that have a very narrow picture. He thought task forces are good for focused, short-term projects and are a good way to get people involved. Tyra-Lukens said we have used task forces in the past for neighborhood parks projects, but because this is a little bit broader she was concerned about undermining the Parks Commission. Case said the members of the Birch Island Woods group are really very wide spread around the City and have worked together for years. They have CITY COUNCIL MINUTES January 15, 2002 Page 8 proven themselves to be much more than a neighborhood park group. He was concerned that we do need to get several of the key leaders on the task force. Mosman said she liked the idea of looking for grants and other sources of funding to help out the project and the water level problem. Lambert thought the task force is for a defined project of establishing the plan. He envisions there will be a subcommittee of the Parks Commission that will be working on Birch Island Woods. The water level project is a different subtask. MOTION: Mosman moved, seconded by Case, to direct Bob Lambert to prepare a statement regarding the Birch Island Woods task force for the February 5, 2002, Council meeting. Motion carried 4-0. B. REPORT OF CITY MANAGER 1. Creation of Jean Harris Memorial Task Force Jullie said per Council direction Staff has put together a Task Force Charter Statement whose purpose will be to provide the City Council with a recommendation on one or more methods to appropriately memorialize Dr. Jean Harris and to recommend methods to fund any project that would require a funding source. Jullie said we are asking for volunteers among citizens-at-large, community service organizations, the Chamber of Commerce and the business community. He said we will assign one of our staff members as liaison for the task force. The first meeting will be held February 20, 2002. MOTION: Butcher moved, seconded by Mosman, to approve the Task Force Charter Statement for appointing a citizens committee to develop an appropriate memorial to the memory of Jean Harris and to request any volunteers wishing to serve on this Task Force to indicate their interest to the City Manager prior to January 25, 2002, and to direct staff to invite volunteers from community service organizations, the business community and residents at large. Motion carried 4-0. 2. Human Rights and Diversity Youth Scholarship Award Name Change Jullie noted that we had a report earlier in the meeting from the Human Rights Commission Chair on the Youth Scholarship plan. In honor of the late Mayor Jean L. Harris, whose dedication to the ideals of diversity and inclusion were well known, the Human Rights and Diversity Citizen Advisory Commission is requesting to change the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L. Harris Human Rights and Diversity Youth Scholarship Award. He said Staff recommends the Council take that action. CITY COUNCIL MINUTES January 15, 2002 Page 9 MOTION: Case moved, seconded by Butcher to approve changing the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L. Harris Human Rights and Diversity Youth Scholarship Award. Motion carried 4-0. 3. Recognize Award City Received for Excellence in Financial Reporting. Jullie said the City has again received a certificate of achievement for excellence in financial reporting from the Government Finance Officers Association of the U.S. and Canada. He noted this is the ninth year in a row we have received this award. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Recommendation of Feasibility Study to Deconstruct the Former Public Safety Building Don Uram introduced Rick Carter of LHB Architects and Engineers who was here to present LHB’s findings regarding the deconstruction of the former Public Safety building. Mr. Carter said his company studied how to salvage or recycle as many materials as possible. They have gone through the building three or four times with several contractors to identify which materials would be best to save. He said the next step will be to go out for bids. He said we will ask for a bid like a conventional project and then request an alternate price to take the building apart and salvage as much as possible. We will set a minimum amount of landfill avoidance so that we can then value the salvaged materials and make a decision on the cost. He said his firm is going to use this as a design problem for an architectural course at the University of Minnesota. The students will come out to inventory the building and determine what materials they can salvage. It might be possible to use the salvaged materials for a park structure. Uram asked Carter if there is a potential for the class to make a presentation to the Council. Carter said that is a possibility. Uram thought the timing is great because we can get the building off the site so potential developers can see it. Mosman asked if this is being done in other communities. Carter said it is becoming more common. He said there was a parking lot structure that was deconstructed and put back together at the airport. CITY COUNCIL MINUTES January 15, 2002 Page 10 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 XIV. OTHER BUSINESS Jullie noted the Council needs to set a closed meeting for January 22, 2002. Case asked if we have to announce the purpose of the meeting. Jullie said it is to discuss potential litigation. Tyra-Lukens set a Special Meeting of the Council for January 22, 2002, at 6:00 PM to discuss potential litigation. XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:10 PM.