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City Council - 10/01/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 1, 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, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance, City Manager Scott Neal announced the departure of Police Chief Jim Clark after 20 years of faithful duty to the citizens of Eden Prairie. He then introduced and announced the appointment of Clark's successor, Captain Dan Carlson, who will start his position in early November. Carlson stated he is honored to have the opportunity to fill the position of Chief of Police. He said the city has a quality organization based on cooperative efforts of its Police, Staff and City Council. III. RESOLUTION IN SUPPORT OF THE EDEN PRAIRIE SCHOOLS REFERENDUM Mosman read and moved adoption of Resolution No. 2002-158, a resolution encouraging citizens to support the Eden Prairie School District's request for voter support of a new operating levy. Case said residents choose Eden Prairie schools because they have a perception of a quality community. He said this referendum will barely keep the school district above water if it passes. He said communities that value their quality of life pass referendums. Case said he wants his opinion to be known and will vote yes on the referendum, but as a schoolteacher, he will abstain from voting on this resolution to remove any perception of conflict of interest. Mosman noted the importance of continuing to talk to friends and neighbors about the referendum so as to make everyone aware of it. Butcher thanked all those involved in working on the referendum. She said it is very clear what is being asked and what the needs are. Seconded by Butcher, motion carried 4-0. Case abstained. IV. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum is 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 CITY COUNCIL MINUTES October 1, 2002 Page 2 off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. She said if you wish to schedule time to visit with the City Council and Department 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. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added the following items under X. Ordinances and Resolutions: C. DISCUSSION ON FIRST READING OF A DRAFT SMOKEFREE AIR ORDINANCE; D. DISCUSSION ON DRAFT RESOLUTION SUPPORTING STATE ENACTMENT OF A SMOKE- FREE AIR LAW; and E. DISCUSSION ON DIRECTING STAFF TO SET A WORKSHOP DATE TO DISCUSS SMOKE-FREE INDOOR AIR INITIATIVES. Case also added item XIV.A.1. under Councilmember Reports, LRT LINE DISCUSSION INVOLVING A STATEMENT ON THE CITY'S PROCESS. Neal added under Ordinances and Resolutions, Item X.F. DISCUSSION ON ADOPTING RESOLUTION NO. 2002-164, MUTUAL AID AGREEMENT BETWEEN THE CITIES OF EDEN PRAIRIE AND MINNEAPOLIS. Neal also added an item XIV.B.1. under City Manager's Report, REPORT ON FINANCES OF THE PROPOSED SOUTH METRO PUBLIC SAFETY TRAINING CENTER PROJECT. Neal said there will also be a brief report and presentation under Item XIV.G. regarding an award the City has received for its website. Luse stated he will read a statement regarding smoking issues under Item X.C. In addition, Luse requested the City Attorney respond to Items X.C, D and E. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD SEPTEMBER 17, 2002 MOTION: Case moved, seconded by Luse, to approve as published the Minutes of the City Council Workshop held September 17, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD SEPTEMBER 17, 2002 MOTION: Luse moved, seconded by Mosman, to approve as published the Minutes of the City Council Meeting held September 17, 2002. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST CITY COUNCIL MINUTES October 1, 2002 Page 3 B. ROLLING HILLS SENIOR HOUSING PUD AMENDMENT by Covenire Care LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.02 acres and Zoning District Change from Office to RM-2.5 on 1.02 acres, and Site Plan Review on 1.02 acres. Location: Prairie Center Drive and Rolling Hills Road (Ordinance No. 24-2002-PUD-16-2002 for PUD District Review and Zoning District Change, and Resolution No. 2002-159 for Site Plan Review) C. RIVER VIEW by Wooddale Builders. 2nd Reading for Planned Unit Development District Review with waivers on 34.73 acres and Zoning District Change from Rural to R1-13.5 on 18.07 acres. Location: South of Riverview Road at Parker Drive. (Ordinance No. 25-2002-PUD-17-2002 for PUD District Review and Zoning District Change) D. ADOPT RESOLUTION NO. 2002-160 APPROVING FINAL PLAT OF CRESTWOOD PONDS ADDITION E. ADOPT RESOLUTION NO. 2002-161 APPOINTING ELECTION JUDGES AND STUDENT JUDGES FOR THE GENERAL ELECTION, NOVEMBER 5, 2002 F. ADOPT RESOLUTION NO. 2002-162 AWARDING CONTRACT FOR PIONEER TRAIL/ FLYING CLOUD DRIVE AREA UTILITY IMPROVEMENTS, I.C. 52-204 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR STREET AND STORM SEWER IMPROVEMENTS IN THE HILLCREST/ ALPINE NEIGHBORHOOD H. APPROVE CHANGE ORDER NO. 1 FOR THE CHARLSON PHASE II IMPROVEMENTS FROM INGRAM EXCAVATING, INC. I. AUTHORIZE ISSUANCE OF A GRADING PERMIT TO SUPERVALU FOR EXPANSION OF EXISTING PARKING FACILITIES BY 74 STALLS J. ADOPT RESOLUTION NO. 2002-163 TO ACCEPT AND AUTHORIZE EXECUTION OF THE ALTERNATE ENFORCEMENT GRANT K. AWARD CONTRACT FOR I.C. 98-5467, GLENSHIRE ADDITION WETLAND MITIGATION AND I.C. 02-5572, WATER TREATMENT PLANT WETLAND MITIGATION MOTION: Butcher moved, seconded by Case, to approve Items A-K of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES October 1, 2002 Page 4 A. SOUTHWEST STATION by North American Properties of Minnesota. Request for Guide Plan Change from Regional Commercial to High Density Residential on 8.89 acres, Planned Unit Development Concept Amendment on 15.55 acres, Planned Unit Development District Review with waivers on 15.55 acres, Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres, Site Plan Review on 15.55 acres, and Preliminary Plat of 20.3 acres into 6 lots. Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. (Resolution No. 2002-164 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2002-165 for Comprehensive Guide Plan Change, and Resolution No. 2002-166 for Preliminary Plat) City Manager Scott Neal said Official notice of this public hearing was published in the September 19, 2002, Eden Prairie News and sent to seven property owners. He further stated the project is for 31,527 square feet of retail and restaurants and 236 multiple-family units. The project has the following elements: 2 townhouse units, 234 apartment units, a 5,222 SF Culvers restaurant, a 4,725 SF Krispy Krème, a 6,500 SF Ruby Tuesday restaurant, and retail buildings A and B – 15,080 SF total. Neal said a guide plan change is requested from Commercial Regional to High Density Residential for the proposed residential area. Waivers are requested for building setback, parking setback, density, and building height. The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the September 9, 2002 meeting subject to revising the plans according staff recommended changes of the September 6, 2002 staff report regarding drainage and access. The plans have been revised according to the recommendations of the Community Planning Board and city staff. City staff recommends approval of the project since the proposed use of the property is consistent with the goals and policies of the Comprehensive Plan. The waivers result in a better design. Approval of the project is based on plans dated September 24, 2002 and subject to the recommendations of the staff report dated September 6, 2002. Neal said Mike Franzen is representing Staff tonight and Jay Scott from North American Properties is also present. Franzen stated the waivers are specific to the site plan and Staff is in support of the project. Jay Scott gave an overview of the project and emphasized strong pedestrian walkways and connections within the project. Tyra-Lukens, Luse and Butcher expressed support of the project. There were no comments from the public. MOTION: Case moved, seconded by Butcher, to close the Public Hearing. Motion carried 5-0. Case expressed concern about people traveling east to enter Culver's or the Transit Hub. He asked if there is a way to make a median cut that is a left turn only, not a left turn out, but a left turn in. Dietz strongly recommended the median stay the way it is because of safety issues, and widening the road would lead to additional expense. CITY COUNCIL MINUTES October 1, 2002 Page 5 Mosman asked if the new restaurants are aware of the City's pending smoke-free air policy. Jay Scott said all the restaurants in this project are aware of the pending ordinances and decisions by the Council and they are committed to the project one way or the other. MOTION: Luse moved to close the Public Hearing; and adopt the Resolution for Guide Plan Change from Regional Commercial to High Density Residential on 8.89 acres; and adopt the Resolution for Planned Unit Development Concept Amendment on 15.55 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers on 15.55 acres; and Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres; and adopt the Resolution for Preliminary Plat of 20.3 acres into 6 lots; and authorize issuance of early grading permits subject to Staff review and approval; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Case, motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, 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.” X. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2002-167 PERTAINING TO EXPENDITURE OF CITY FUNDS City Manager Scott Neal said the proposed resolution was prepared in the wake of the Office of State Auditor's (OSA) report and findings in their investigation of the City of Brooklyn Park. The OSA's primary criticism is that a number of City expenditure processes and practices were not specifically authorized by the City Council. The proposed resolution will provide formal written authorization by the City Council for a number of City expenses and expenditure processes that were questioned by the OSA in Brooklyn Park. The proposed resolution was prepared by the Office of the City Attorney in consultation with City staff. The City Manager recommends its approval by the City Council. Luse noted this has nothing to do with an increase in salaries to the current Council. MOTION: Mosman moved to adopt Resolution No. 2002-167 pertaining to expenditure of City funds. Seconded by Butcher, motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO MAYOR AND COUNCILMEMBER SALARIES City Manager Scott Neal said the proposed ordinance will codify the City expenditure process changes incorporated in Resolution No. 2002-167. The ordinance is CITY COUNCIL MINUTES October 1, 2002 Page 6 necessary because the resolution may be considered an increase in compensation to City Councilmembers, although the contents of this resolution represent no actual change to the benefits received by Eden Prairie elected officials. The resolution is being considered by the Council at the recommendation of the City Attorney to conform our current practices to recently announced findings from the Office of the State Auditor's investigation of the City of Brooklyn Park. State law requires that changes to the compensation of City Councilmembers must be adopted prior to an election and implemented after an election. The ordinance will be considered at the October 1st and 15th Council meetings and will be effective January 1, 2003. This timeline will satisfy state statutes on this matter. Neal recommended the Council approve the first reading of this ordinance. Tyra-Lukens clarified this pertains not to salaries, but to things such as Council- members meals at meetings. Neal stated despite the title of the ordinance, there is no increase in Councilmembers’ salaries. MOTION: Case moved to approve First Reading of an Ordinance amending City Code Section 2.05, Subd. 3, relating to Mayor and Councilmember salaries; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things, contain penalty provisions. Seconded by Butcher, motion carried 5-0. C. DISCUSSION ON FIRST READING OF A DRAFT SMOKEFREE AIR ORDINANCE Tyra-Lukens announced that a two-hour discussion was held prior to this meeting where Council discussed what they wanted to do with the proposed smoking ordinance. She said Council decided to go forth with voluntary compliance with a lot of leadership on the part of Council to get businesses to comply with the voluntary compliance program. Case noted there were five different viewpoints shared by the Council pertaining to this issue. Luse asked the City Attorney to share information from the workshop earlier tonight. Rosow stated he submitted to the Council tonight a written document, made part of the record at the workshop, in response to the request for investigation and questions posed regarding the draft of the smokefree ordinance. He said the document answers all questions in the request for investigation. He said this week there have been three communications in various forms that led him to make the statement at the workshop regarding the atmosphere in which the smokefree ordinance is to be made and the pressure the Council is under. He said the Council has said many times that this is an open process, with public meetings and numerous presentations. Rosow said one of the statements, from city resident Thomas Briant, dated 9/27/02 and received yesterday, was directed at him as a criticism of his representation of the Council. He said Briant represents the Minnesota Accommodation Association, the Minnesota Restaurant Association and the Cigarette Manufacturers Association. CITY COUNCIL MINUTES October 1, 2002 Page 7 Rosow read Briant's comments regarding Rosow's response to MPAAT lobbying and that impact on the Council's ability to go forward. Rosow said he and the Council are open to any criticism, but criticism issued in the context of pressure will not change the manner in which he gives opinions. Rosow said the activities of MPAAT do not affect this Council's ability or authority to discuss and/or take action on a smokefree ordinance. Rosow further stated there was a meeting held yesterday between the City Manager, the Mayor and city resident Paul Wendorff who requested that the investigation occur. It was reported to Rosow by the City Manager that at the meeting, Mr. Wendorff told the Mayor he knew things about the Council consideration of the ordinance that he did not want to have to make public. Wendorff said he did not want to have to release the information publicly if the Council would agree to his version of a compromise on the issue. Rosow said again this is an example of the pressure Council is under with respect to this issue and the best way to deal with it is to let the public know. Rosow said the third communication, a letter in the form of an e-mail, received just before leaving the office, was addressed to Luse and copied to Rosow, from Attorney Daniel Welytokof the lawfirm White, Whyte, Hirschboeck Dudek S.C. of Milwaukee, Wisconsin. Rosow said the firm represents the American Cancer Society Midwest Division, and requested Luse refrain from further public comment as the statements he was alleged to have made are uninformed and misleading. Rosow said there is an absolute immunity from any action brought against a senator or congressman, in anything they say, whether it's truthful or not, whether it's intentionally untruthful or whether it's malicious for whatever happens on the floor of the United States Senate and United States House of Representatives. Rosow said the public purpose behind that concept is that is the place where the debate in America takes place before a law is enacted and there should be no limit on the freedom of speech in those halls. Rosow said that public policy also carries down to bodies like the State, County and this Council. He said as long as statements are made in good faith and are not willfully malicious or made with carelessness and reckless abandon, then there is a qualified immunity from action that anyone would take against you. Rosow advised Council to feel free to express their opinions, provided it is done in good faith and without malice. He said from everything he has seen since April, that is the way the debate has been conducted thus far. Rosow urged Council not to be deterred by letters telling Council to cease and refrain from making further public comment. He said it is Council's duty to make public comment. Luse submitted the following written comment for the record: David Luse - Smoking Issues Statements October 1,2002 (presented at Eden Prairie City Council meeting 10/01/02) We have a challenge to how we've handled this effort to craft a smoking ban, from Paul Wendorff. He asks for a task force to investigate our conduct as a Council. I don't want to spend a lot of time on this challenge, because I think it is simply wrong. Mr. Wendorff who initially indicated he is a concerned citizen and most recently indicates 20-30 concerned individuals has lobbied me. CITY COUNCIL MINUTES October 1, 2002 Page 8 Paul, I've got to tell you, I just think you're way off base on this one, and you're bringing in more politics that will obscure rather than clarify issues. You're engaging in some sort of weird conspiracy theory here and throwing around lots of inaccurate innuendos. You've got a point of view on the smoking ban - you don't want it - why don't you just say it straight out and leave off the rest of the conspiracy theories. Of course I'm aware of how MPAAT has used the tobacco settlement money to lobby, but I firmly disagree with you that this Council has done anything wrong. We have worked in good faith to find a way to solve a public health problem. We have debated and searched for the right way to balance health, individual freedom and economic issues. And we have brought a political storm into our city. I was concerned from the outset that the political aspects of this effort would be divisive and would distract our attention from other equally important issues, and that has happened. Now a group claims we have moved too fast, that we jumped from considering a task force to considering a sample ordinance. And this same group says some of those lobbying the council have acted illegally and unethically. I have, throughout this process, been the one to push several times for more information to clarify what our constituents want and what will stand up to legal challenge. I have slowed this process down myself, for the reasons I thought, and still think, were sound. But I have absolutely no doubt that how we have proceeded is fair and responsible. Moving ahead to have a draft ordinance is a perfectly reasonable way to clarify the issues and to advance the debate. It gave us something to look at and work with, and gave residents something specific to react to. I have consulted our city attorney, and he agrees that we have gone at this in a way that is perfectly fair and legal. If this group has a concern about some of the organizations that have lobbied on this issue, that's a concern to be taken up with them and with state authorities - we do not regulate how people conduct their lobbying efforts. We do control how we conduct our business, and we have done a fine job on a tough issue. Of course I don't object to this challenge. We are always open to criticism and we must conduct public business in the open - and we have. I just think he's adding two plus two and coming up with ten. Let's look at the smoking ban issues on their own merits and let lobbying issues play out in the courts and with the attorney general. We're making decisions here based on what we think is best for the people of Eden Prairie. Smoking Ban To bring this smoking ban to a resolution, I am now proposing that, after all our debate and thought on this issue, we proceed with a ban on smoking. We can work together to promote our smoke-free community. Let's promote the positive side of this issue and make this step toward better health work for everyone. Let's make sure we help the businesses that are concerned about losing customers, and let's get this done. Stop Smoking Grant I would also propose that the City of Eden Prairie apply to MPAAT for a grant to fund educational programs that will help people stop smoking. There's been a great deal of controversy over how the MPAAT money has been spent. Many people including myself felt it was inappropriate for MPAAT to be spending the tobacco settlement money to lobby for smoking bans. MPAAT is now being directed to spend money on smoking cessation efforts, CITY COUNCIL MINUTES October 1, 2002 Page 9 and I think that makes sense. The programs would help Eden Prairie residents and people who work in Eden Prairie businesses stop smoking. The programs provide educational material, counseling and access to stop-smoking aids. We should apply for four to six million dollars for programs for the residents of Eden Prairie. I believe that's a fair share for our city, and it will help us deal effectively with a serious public health issue. While we consider finalizing restrictions on smoking today, let's also go to the source and try to help people quit smoking. This way of spending the tobacco settlement money would bring a great return in the health of the people of Eden Prairie. Case said he wants to pursue an ordinance where all Councilmembers agree that smoking could be limited in municipally controlled public areas. In addition he said he would like to direct Staff to set a workshop date soon. Butcher said she would like creating some kind of panel or best practices review task force to be a part of whatever is forged tonight. She commended her colleagues for taking on the issue and being so concerned about the health of residents. She said she is very comfortable with voluntary compliance. Mosman said she does not see the ordinance as regulation, she sees it as rising to a health standard. She does not see it as a ruling that would hurt businesses because of all the data that has been submitted - some finding that it would help businesses. She said 75 percent of voters in a poll sponsored by the Smokefree Coalition indicated they would choose a smoke-free restaurant over one that permits smoking. Mosman said she would like to have a fund raising effort to apply for MPAAT money to promote businesses who choose to go along with the ordinance. Luse noted it's important to understand the amount of time and energy spent on this issue. Case requested that Council be given a draft with changes in a Friday packet, and also begin looking at setting a date for a workshop to work out details on developing a task force or group. Case suggested sending Items X.C., D. and E. back to Staff for the next meeting. Case said he believes three Councilmembers have agreed to regulate only municipal properties with smoke-free environments as well as partner with everyone who wants to improve the air quality. He said he thinks everything can be accomplished through positive routes. Case said Council's intention is not to regulate business, but at the same time they will not give up the fight because there are substantive quantifiable goals that can be accomplished. Rosow said the draft ordinance deals with City facilities and parks, all owned, leased and operated by the City, including motor vehicles. Butcher asked if this would apply to people smoking in their vehicles on City property. Rosow said under this ordinance, if the vehicle is on City property, the answer is yes. CITY COUNCIL MINUTES October 1, 2002 Page 10 Butcher said comments from Staff should be incorporated when discussing the ordinance. Tyra-Lukens suggested those comments be submitted to Mr. Neal by next Monday. Case said it is important to have an ordinance to give the City the power to remove smoking from public grounds. He said the ordinance needs to be complete – prohibiting smoking on City property or grounds. He doesn't believe there should not be an outdoor smoking area on City grounds and does not believe people should be allowed to smoke in their vehicles on City property. Tyra-Lukens said consistency with School District smoking policy would be a good idea and would solve some of the problems related to enforcement in certain areas. Neal said there have been communications and discussions with the School District regarding their policy and compliance. Luse said there should be a way to get to the group that will be formed to work together with concerned business people and citizens, and there would be more of a chance of collaboration in the future. He said he wonders if there is a way to craft the ordinance that we do want to ban smoking in public places but somehow deal with the indoor/outdoor component. Butcher suggested drafting two ordinances - one that is more restrictive and one that is less restrictive. Mosman said it would seem much fairer to have a designated area for workers to smoke on property. MOTION: Case moved to direct Staff to draft options for an ordinance that will ban smoking from municipal buildings and grounds and parks; and direct Staff to set a date for a workshop to develop a charge for a task force that would work on smoke- free indoor air initiatives. Seconded by Butcher, motion carried 5-0. Councilmembers agreed that the ordinance would be enacted January 2003. Rosow clarified that at this point, Council has directed Staff to prepare an ordinance, not passed one. He said the decision on the ordinance has not been made. D. DISCUSSION ON DRAFT RESOLUTION SUPPORTING STATE ENACTMENT OF A SMOKE-FREE AIR LAW This item was discussed under Item X.C. E. DISCUSSION ON DIRECTING STAFF TO SET A WORKSHOP DATE TO DISCUSS SMOKEFREE INDOOR AIR INITIATIVES This item was discussed under Item X.C. CITY COUNCIL MINUTES October 1, 2002 Page 11 F. DISCUSSION ON ADOPTING RESOLUTION NO. 2002-164, MUTUAL AID AGREEMENT BETWEEN THE CITIES OF EDEN PRAIRIE AND MINNEAPOLIS City Manager Scott Neal said the recent establishment of the Twins playoff schedule has created a difficulty for the Minneapolis Police Department in that they had made a substantial commitment to the International Association of Chiefs of Police (IACP) conference being held Oct. 5-9, 2002 in Minneapolis. Therefore the City of Minneapolis has asked suburban police departments to assist them and provide officers under a mutual aid agreement during this time. Neal said officers will get floor privileges at the conference. MOTION: Case moved adoption of Resolution No. 2002-164. Seconded by Butcher, motion carried 4-0. (Luse was temporarily absent.) XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION City Manager Scott Neal said the recommended candidate is Bruce Schaepe who is a senior environmental engineer with Peer Environmental. He served on the Water Management Planning Task Force and the Riley Purgatory Bluff Creek Watershed District Citizens Advisory Committee. Neal said the term would expire on March 31, 2004 and Schaepe would assume the term recently vacated by Therese Benkowski. MOTION: Butcher moved to appoint to the Parks, Recreation & Natural Resources Commission Bruce Schaepe, term to expire 3/31/2004. Seconded by Case, motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. LRT LINE DISCUSSION INVOLVING A STATEMENT ON THE CITY'S PROCESS. City Manager Scott Neal said he spoke with Mr. Diamond and Katie Walker of Hennepin County Rail Authority. He reported the County is conducting a study with a series of open houses, and will seek Council's endorsement of their study results at some point. Regarding the proposed process for their proclamation, Neal said he told Diamond that it is protocol for Staff and Council to review proclamations before adoption. Neal said he will meet with Diamond next week to discuss the language of the proclamation. CITY COUNCIL MINUTES October 1, 2002 Page 12 Case noted that there are many beliefs of people living along the light rail line that the Council adheres to also, and he's not sure that for the good of the people of Eden Prairie it's necessarily a good idea to put the rail line down on that route. Case said he agrees that all transit options need to be considered in a broad view and not necessarily channeled into one thought. He said light rail line should go to Transit first. He said with precious few funds, the City should first completely fund roadways, then completely fund buses. Case also said he believes the County and City share many of the same goals. Butcher said there is a tradition of excellence in the Southwest Transit Bus Service, and she supports the staff idea that there is an alignment that will better deal with the critical mass of people that we are planning for in the community. Butcher said it needs to be taken one step at a time and she supports alignment of the Golden Triangle and Prairie Center Drive. Luse pointed out that part of the proposal was City ownership of that space, and it's also important for residents to understand that there are governmental forces at work in these that are beyond the Council's reach. He said citizen input has made a huge difference in bringing the issue along. Case said there is a role Council should look at playing. He said he would like to see the Council make a statement on the issue. Luse said the City has to be in a position to make a stand, potentially financially at some point in the future. B. REPORT OF CITY MANAGER 1. REPORT ON FINANCES OF THE PROPOSED SOUTH METRO PUBLIC SAFETY TRAINING CENTER PROJECT City Manager Scott Neal submitted a memo, dated October 1, 2002, to the Council prior to tonight's meeting regarding this project. Neal said the purpose was to inform Council of the status of the project. He said the City has committed $1.4 million to the project, partnering with Edina, Bloomington and MAC, and bids have come in higher than expected. Therefore to complete the City's share of the project costs, an additional $115,926 needs to be appropriated. Neal noted that Don Uram has identified the availability of the additional funds from within the City's current Capital Improvement Plan. At this time, Neal said there is no formal action requested, but he is seeking Council support so that the necessary motion can be prepared. Luse asked why the cost estimates were so far under the contractors' or engineers' estimates. Neal noted that because of Federal funds present in the project, prevailing wage had to be paid which reduced the number of contractors that could bid on it. He said there was, therefore, a reduced supply of contractors initially that were eligible to bid on the project. He said overall there were not a great number of bids for the project. CITY COUNCIL MINUTES October 1, 2002 Page 13 C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR City Manager Scott Neal said Don Uram is available to speak about the award for the City's website, and Mike Thomas is also present and will also speak. Thomas announced the website was officially launched on August 15, 2002, and so far there has been positive feedback. He said the award was presented by the Web Marketing Association and is the Outstanding Website Award - an award that is a runner-up to the US Navy website in the government category. Thomas thanked Council and City Staff for their support on the development of the website. Tyra-Lukens asked Thomas what he thought tipped the award in Eden Prairie's favor. He said there are seven things that are looked at, including graphic design, degree of innovation, content, technology, interactivity, navigation and ease of view. He said he doesn't think there is any one factor, but a combination of a lot of different factors. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Luse, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:23 p.m.