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City Council - 07/02/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 2, 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: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Rick Rosow and Council Recorder Theresa Brundage 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 Mayor Tyra-Lukens said the Council Forum will be 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 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 that wish to speak the Council. IV. PROCLAMATION OF JULY AS RECREATION AND PARKS MONTH Mayor Tyra-Lukens praised the City’s Parks and Recreation Department and gave a synopsis of its programs, public facilities and parklands. She then read the proclamation and proclaimed July as “Recreation and Parks Month.” Parks and Recreation Department Arts and Events Coordinator Tria Mann said she’s proud to be part of Eden Prairie’s Parks and Recreation Department. Mann said this year’s slogan is taken from the National Parks and Recreation slogan, “Come Out And Play.” V. PRESENTATION OF MRPA AWARDS OF EXCELLENCE City Manager Scott Neal introduced Greg Boatman from the Awards Committee for the Minnesota Recreation and Parks Association (MRPA). Boatman gave a synopsis of the MRPA, stating the Awards Committee was created with the purpose of acknowledging individual members and agencies for their excellence in the field of parks, recreation and CITY COUNCIL MINUTES July 2, 2002 Page 2 leisure services. He said the Award of Excellence was created because the Awards Committee feels it’s important to increase awareness of and appreciation for the excellent parks, trails, facilities, recreation programs and services that are occurring in Minnesota. He said this year there were 28 projects nominated in Minnesota, with 18 being selected to receive the award. Boatman then presented an Award of Excellence to the City’s Parks and Recreation Department for its winning projects Programs at Cummins House. He said the Awards Committee would also like to recognize Tria Mann who nominated the project, with special recognition to Sandy Werts, Recreation Coordinator for Senior Adult Programs, and other members of the Parks and Recreation Department. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an Item under XV.A. The agenda would therefore be amended to reflect item XIII.A.1. COMMENT AND POSSIBLE REQUEST REGARDING SEVER PETERSON CORN STAND SALES AT THE MALL. Attorney Rosow stated he has a short report under City Attorney’s Report. MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. VII. MINUTES A. SPECIAL CITY COUNCIL MEETING ON SMOKE-FREE AIR ORDINANCE, TUESDAY, JUNE 11, 2002 MOTION: Butcher moved, seconded by Mosman, to approve as published, the Minutes of the Special City Council Meeting on Smoke-Free Air Ordinance held June 11, 2002. Motion carried 5-0. B. CITY COUNCIL WORKSHOP, JUNE 18, 2002 Luse added the workshop was on the City’s budget and discussion regarding the City’s $700,000 profit from liquor stores would make the operation worth about $5 million based on a multiplier of 7. He said one of the newspapers incorrectly indicated that the City’s cigarette business could generate as much as $5 million, when in fact the profit is about $13,000. MOTION: Mosman moved, seconded by Butcher, to approve as published, the Minutes of the City Council Workshop held June 18, 2002. Motion carried 4-0. Butcher abstained. C. CITY COUNCIL MEETING, JUNE 18, 2002 Case said on Page 13, the words “in the context of questions asked” should be added to first line of paragraph 6, following the word “data.” CITY COUNCIL MINUTES July 2, 2002 Page 3 Tyra-Lukens said she received a phone call today from a citizen concerned with the parking fee issue discussed at the 6/18/02 meeting. The issue was a sense that $200 was too much to charge for the Round Lake lot when that lot is as far from the high school as the high school’s C lot. A second issue was the sales of those parking tickets. In the past, they were sold the beginning of August and this year, they’ll be sold starting in one week. Lambert said the sale date was moved up from August to July based on requests from people last year who complained that August was too late. He said there are 400 permits with little chance of selling out early, and there might be 25-30 people at the end of the year who do not get a permit. Lambert said the reason it is set at the high school rate is because we don’t want to be underselling the high school and having people sell out the community center first and then going to the high school. He said he continues to support that the City fee be the same rate as the high school’s expensive lot in order to encourage students to buy the high school permits before coming to the City. Tyra-Lukens noted that the issue was previously passed unanimously. No further comments were offered. MOTION: Case moved, seconded by Mosman, to approve as published and amended, the Minutes of the City Council Meeting held June 18, 2002. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2002-117 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 9TH ADDITION C. APPROVE SECOND READING OF ORDINANCE NO. 20-2002 AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS D. APPROVE SECOND READING OF ORDINANCE NO. 21-2002 AMENDING CITY CODE SECTION 9.14 AND ADDING 9.15, RELATING TO PHOSPHORUS FERTILIZER RESTRICTIONS AND ADOPT RESOLUTION NO. 2002-118 APPROVING SUMMARY ORDINANCE E. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR FINAL DESIGN OF TH 212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS, I.C. 01-5543 F. ADOPT RESOLUTION NO. 2002-119 AWARDING CONTRACT FOR CHARLSON AREA IMPROVEMENTS – PHASE III, I.C. 02-5565 CITY COUNCIL MINUTES July 2, 2002 Page 4 G. AWARD CONTRACT FOR REMODELING OF SMITH-DOUGLAS-MORE HOUSE TO GRAUS CONTRACTING, INC. MOTION: Case moved, seconded by Luse, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HTG ARCHITECTS BUILDING by James Grover. Request for Site Plan Review on .86 acres. Location: 9300 Hennepin Town Road. City Manager Scott Neal said official notice of this public hearing was published in the June 20, 2002, Eden Prairie News and sent to 25 property owners. He further stated this project is a 2,743 square foot addition to the existing architect’s office. The plan meets all zoning requirements for the Office Zoning District. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the June 10, 2002 meeting. Steve Anderson, architect from HTG, presented a photo and site plan of the building and said the only significant change is the relocation of the driveway slightly to the south. This was done at the request of the City Fire Marshal. There were no comments from the audience. Butcher moved, seconded by Case to close the Public Hearing and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. ANNETTE ESTATES by Annette Kaufman. Request for Preliminary Plat of 2.46 acres into 3 lots. Location: 14758 Staring Lake Parkway. (Resolution No. 2002- 120 for Preliminary Plat) Neal stated official notice of this public hearing was published in the June 20, 2002, Eden Prairie News and sent to 39 property owners. He further stated the proposal is to subdivide the 2.46 acre site into 3 lots to permit the construction of 2 additional single-family homes. On June 10, 2002 the Community Planning Board continued the project to their June 24, 2002 meeting to allow time for staff to examine possible trail alignments that would connect the surrounding neighborhood to Staring Lake Park. On June 24, 2002, staff submitted 3 possible trail alignments and their estimated costs. The Community Planning Board did not recommend any of the trail alignments. Rather, the two neighbors expressing wishes of a future trail were directed to follow the City process for establishing trails. The Community Planning Board voted 6-0 to recommend approval of the project and directed neighbors to petition the Parks, Recreation, and Natural Resource Commission for future trail establishment. CITY COUNCIL MINUTES July 2, 2002 Page 5 In response to Council’s request, Lambert presented aerial photos of alternate trails details. He said the proposed trail is to go through Annette Estates property, and then the City property. The alternative is to put a trail along the north side of County Road 1, to a stoplight. He said Staff was concerned that a trail is being put in the middle of a hill on a 50 mph road. The County is planning to update CR1 within 4 years. Tyra-Lukens said she has a concern about the path along the 50 mph road and that we may be creating an attractive nuisance in a way. Lambert said the option involves that the main trail would be signed at the crossing that it’s a dead end trail at that point. He said it would be an expensive alternative to put the trail between two homes because of 40-foot wide variances and the $20,000 cost. Mosman asked if there is some type of separation between road and trail. Lambert replied there is 13 feet between the edge of the pavement to the right-of-way with an 8-foot trail and 4 feet of grass. Mosman asked if the residents to the west of Pioneer Trail not want the 4-year temporary trail. Lambert said it would make sense to extend it to Mitchell Road but spending money on it when it may be torn out in four years is a question of how far we want to go with a so-called temporary trail. Luse asked if rather than adding the cost of land acquisition, could the City not trade with the property owner. Lambert said it has not been discussed with the property owner, but the reason she’d need a variance is that she needs the width in her lot, not depth. Case said it seems the Pioneer Trail option is the best. Since it’s a temporary 4- year path, we can make it so it’s the safest and most usable. Butcher said she had concerns about access there and wishes it could be extended so that additional safety could be provided. Case asked if land was available on the other side of the road, and could this be incorporated in the final plan. Lambert said the County must approve trails put in by the City because it’s on County right-of-way, and the County may ask the City to replace it in four years. He further stated we don’t have final design on that section and it may make more sense to take extra right-of-way on the airport side rather than homeowners’ side, but it still may have to be taken out later. Eric Paulson of Staring Lane thanked the Council for taking the time to look at this issue. He said it was rumored and many of the residents assumed the trail was already going to be put in because the City owned an easement, and this is a priority that he hopes can be done as expeditiously as possible. CITY COUNCIL MINUTES July 2, 2002 Page 6 Jane Ramunno of 9091 W. Staring Lane said she walks along the north side of Pioneer Trail and appreciates the Council looking at this. There were no further comments from the audience. Tyra-Lukens thanked the residents of the area for putting together the petition to help increase safety for families there. Luse asked if a City easement currently exists in the area. Lambert said it does not. Lambert further stated that the budget will allow for the trail to be done early next year. Case moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2002-120 for Preliminary Plat of 2.46 acres into 3 lots and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. C. GUIDE PLAN UPDATE - AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals, Chapter 2 and Airport Element, Chapter 6, to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) Neal stated this is an item that has been continued and official notice of this public hearing was published in the January 24, 2002, Eden Prairie News. He said Staff recommends closing the public hearing with the idea that it be reopened when there is something to actually present to the Council. Neal said it has been continued numerous times because of the hope that the FAA and MAC would reach an agreement on the City’s agreement with MAC and not much progress has been made between the FAA and MAC, but the City’s agreement with MAC continues to be in place. Rosow advised that the motion should be to close the public hearing instead of tabling discussion. He said the final agreement is fairly complete but key issues for the City involve the agreement between the FAA and MAC. MOTION: Case moved, seconded by Butcher, to close the Public Hearing on the Airport Element of the Comprehensive Guide Plan Update. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, 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.” XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES July 2, 2002 Page 7 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. COMMENT AND POSSIBLE REQUEST REGARDING SEVER PETERSON CORN STAND SALES AT THE MALL. Case clarified it should be referred to as corn stand and not maze. He said the issue has to do with Peterson Enterprises getting into flower sales this year. He said there is an ordinance that limits farmers to a 60-day lease for sales and Sever had a 60-day lease for plants, and now needs 60 days for his vegetable stand. Sever was concerned that this was technically a violation of the ordinance, and mall management was also concerned about the City ordinance. Case said he called Neal and consulted with various City Staff and a compromise was reached in that a different property ID number is issued for each location at the mall and the vegetable stand is in a different location than the flower stand. Case was concerned about the long-term affects of such ordinances on farmers and also asked Rosow to check to see if the City ordinance is in compliance with State law in terms of limitations of the dates. Luse pointed out that it is important for the City process to be followed and businesses should go through Staff who will bring it to the Council. Case agreed but said in this case, the 60 days was running out Sunday and action was needed tonight which was why he immediately took it to the City Manager. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR CITY COUNCIL MINUTES July 2, 2002 Page 8 H. REPORT OF CITY ATTORNEY Rosow gave an update on the special assessment litigation with the MAC. He said the settlement agreement is 100 percent done in concept and perhaps 95 percent done in getting language on paper. He said this is the special assessment appeal of the MAC and Charlson Area Improvement Project that the City levied $3.5 million against Lynn Charlson, subsequently acquired by MAC, with all of the $3.5 million collected by November, 2000. It was then challenged by the MAC, and that lawsuit, as well as MAC’s condemnation of those parcels from Charlson, would be resolved in a global settlement of those two items by a compromise between MAC and Charlson on the amount of compensation paid in the condemnation. That would result in the dismissal of the special assessment appeal so the City would have no challenge to retaining the $3.5 million. He said it would also result in acquiring the necessary road right-of-way easements for the realignment of Charlson Road, and the necessary easements for grading Hennepin Village. He said ponds would be built on the property to handle drainage and there is a proposed agreement between Charlson and the MAC to cooperate on providing the land for those drainage areas. When the agreement is brought to the Council, it would be subject to approval from the Council as well as the MAC and Charleson and also Pemtom. Luse stressed the need to move this issue along. He asked that MAC formally step up so the City could embrace a settlement Rosow clarified this agreement is separate from the agreement on the airport ordinance. He stated MAC has been working quite cooperatively on this agreement and has negotiated in good faith. XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Luse moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:07 p.m.