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City Council - 11/12/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 12, 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 Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said that 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 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. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal added "AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE" to the end of Item F following "ORGANIZATIONAL RESTRUCTURING" and at the end of Item IX.A. following "HOUSING DISTRICTS." Case will add a comment under Item XIII.A. regarding the excellent performance of City Clerk Kitty Porta and her staff during the recent elections. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD OCTOBER 15, 2002 MOTION: Butcher moved, seconded by Mosman, to approve as published, the Minutes of the City Council Workshop held October 15, 2002. Motion carried 5-0. CITY COUNCIL MEETING November 12, 2002 Page 2 B. CITY COUNCIL MEETING HELD OCTOBER 15, 2002 MOTION: Case moved, seconded by Luse, to approve as published, the Minutes of the City Council Meeting held October 15, 2002. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. SOUTHWEST STATION by North American Properties of Minnesota. 2nd Reading for 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, and Site Plan Review on 15.55 acres. Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. (Ordinance No. 28-2002-PUD-19-2002 for PUD District Review, Zoning District Change, and Resolution No. 2002-175 for Site Plan Review) C. ADOPT RESOLUTION NO. 2002-176 APPROVING THE FINAL PLAT OF THE VINTAGE D. ADOPT RESOLUTION NO. 2002-177 APPROVING THE FINAL PLAT OF SOUTHWEST STATION 2ND ADDITION E. APPROVE SECOND READING OF ORDINANCE NO. 29-2002 AMENDING CITY CODE SECTION 9.71, RELATING TO MAINTENANCE OF VEGETATION F. APPROVE SECOND READING OF ORDINANCE NO. 30-2002 AMENDING CITY CODE CHAPTER 2.30 AND 2.32, RELATING TO ORGANIZATIONAL RESTRUCTURING AND ADOPT RESOLUTION NO. 2002-178 APPROVING SUMMARY ORDINANCE FOR PUBLICATION G. APPROVE SECOND READING OF AN ORDINANCE NO. 31-2002 AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.42 RELATING TO SMOKE-FREE ENVIRONMENTS AND ADOPT RESOLUTION NO. 2002-179 APPROVING SUMMARY ORDINANCE FOR PUBLICATION H. ANIMAL IMPOUND SERVICES AGREEMENT WITH THE CITY OF BLOOMINGTON I. APPROVE CHANGE ORDER NO. 1 FOR MITCHELL ROAD STORM SEWER IMPROVEMENTS J. ADOPT RESOLUTION NO. 2002-180 REQUESTING MN/DOT TO PROVIDE FUNDING THROUGH THE FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS, I.C. 01-5527 (Resolution) CITY COUNCIL MEETING November 12, 2002 Page 3 K. APPROVE RESOLUTION NO. 2002-181 REQUESTING MN/DOT TO PROVIDE FUNDING THROUGH FY 2004 MUNICIPAL AGREEMENT PROGRAM FOR THE EDEN PRAIRIE TRAFFIC SIGNAL COORDINATION TIMING PROJECT, I.C. 02-5584 (Resolution) L. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PETERSON ENVIRONMENTAL CONSULTING, INC., FOR CONSTRUCTION OBSERVATION SERVICES FOR THE GLENSHIRE ADDITION AND WATER TREATMENT PLANT WETLAND MITIGATION PROJECTS, I.C. 98-5467/02-5572 M. CANVASS OF THE NOVEMBER 12, 2002, MUNICIPAL ELECTION MOTION: Butcher moved, seconded by Mosman, to approve Items A-M of the Consent Calendar. Case asked for clarification on Item H. He asked Staff to check into the timeframe policies for allowing pet owners to claim animals before the animals are put down. Motion carried 5-0. VII. PUBLIC HEARINGS / MEETINGS A. RESOLUTION NO. 2002-182 AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 AMENDING THE TAX INCREMENT FINANCING DISTRICT NO. 17 FOR THE COLONY SENIOR PROJECT Mayor Tyra-Lukens called the HRA meeting to order and opened the joint public hearing of the HRA and the City Council. Neal stated that official notice of this public hearing was published in the October 31, 2002, Eden Prairie News. He said the project was originally platted into two lots – one for a 142-unit senior complex, and the other for a small office building. The City recently approved combining two parcels into one, and changing the office building to a rehabilitation clinic. The change enlarges the existing TIF district causing the need for an amendment to the TIF Plan. Hennepin County reviewed the proposed amendment and prepared a report that is attached and should be noted and entered into the record of the public hearing. The project was originally approved by the City Council October 3, 2000 and is located at the southeast corner of Prairie Center Drive and Rolling Hills Road. It includes a three story senior building with 142 assisted, independent, and memory care units, and a skilled nursing facility. There were no comments from the public. MOTION: Mosman moved to close the HRA public hearing and adopt Resolution No. 2002-182 amending the Tax Increment Financing Plan for Tax Increment CITY COUNCIL MEETING November 12, 2002 Page 4 Financing District No. 17. Seconded by Case, motion carried 5-0. MOTION: Case moved, seconded by Mosman, to adjourn the HRA meeting. Motion carried 5-0. MOTION: Case moved, seconded by Mosman, to close the Council public hearing and adopt Resolution No. 2002-182 amending the Tax Increment Financing Plan for Tax Increment Financing District No. 17. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Luse, 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.” IX. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 32-2002 PURSUANT TO AUTHORITY GRANTED BY M.S. § 469.174, SUBDIVISION 11, DEFINING THE TERMS “PERSONS OR FAMILIES OF . . . MODERATE INCOME” AS THOSE TERMS USED IN SUBDIVISION 11 DEFINING “HOUSING DISTRICTS” AND ADOPT RESOLUTION NO. 2002-183 APPROVING THE SUMMARY ORDINANCE FOR PUBLICATION City Manager Scott Neal said the City Council has declared it a public purpose to assist in the construction of housing for low and moderate income families and to prevent substandard housing conditions by housing persons of varied economic means and a wide range of incomes in the same developments. The purpose of this ordinance is to help alleviate these conditions and thereby provide housing at prices or rentals within the means of persons and families of low and moderate income. One way to do this is to make available public assistance in the form of tax increment financing for a project constituting a housing district. M.S. § 469.1761 requires that for a tax increment financing district to qualify as a housing district, the income limitations provided in the section must be satisfied. A property satisfies the income requirements for a qualified residential rental project if 20% or more of the residential units in the project are occupied by individuals whose income is 50% or less of area median gross income. He said in addition, M.S. § 469.174, Subd. 11 states that a housing district consists of a project intended for occupancy in part by persons or families of low and moderate income as defined in specified federal statutes and “any other similar present or future...municipal legislation.” Subdivision 11 further states that a district does not qualify as a housing district if the fair market value of the improvements which are constructed in the district for commercial uses or for uses other than low and moderate income housing consists of more than 20% of the total fair market value of the planned improvements. Neal said in order to achieve the goals of the public policies, it is the purpose of this ordinance to define the terms “persons or families of...moderate income” as used in M.S. § 469.174, Subd. 11. The terms “persons or families of ...moderate income” as used in M.S. § 469.174, Subd. 11 are defined as - persons or families whose incomes do not exceed 125% of the CITY COUNCIL MEETING November 12, 2002 Page 5 median income as determined by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Metropolitan Area. MOTION: Luse moved, seconded by Butcher, to approve first and second readings of an Ordinance pursuant to authority granted by M.S. § 469.174, Subdivision 11, defining the terms “Persons or families of ...moderate income” as those terms used in Subdivision 11 defining “Housing Districts” and adopt the Resolution approving Summary Ordinance. Neal clarified that the total family household income is approximately $85,000 for Eden Prairie. Management and Budget Director Don Uram said the numbers are for a family of four, and discounted for less members in the family by approximately 10 percent per person. Tyra Lukens asked what prompted the need for this ordinance. City Attorney Rosow said there is a lawsuit pending as the result of a tax increment district in another city and the state auditor's office has said there is an ambiguity in the law in that requirements of the law are filled by having 20 percent of the facility low and moderate income. He said there is somewhat of an ambiguity between that statute and another statute that would make it appear that 80 percent is needed for low and moderate income and 20 percent for anything else. Rosow said there are no projects that meet that criteria in today's market and there is also an adopted policy in the State to encourage economic diversity in housing. Rosow further stated in order to ensure that projects going forward comply with the law, the law says that cities have the right to define low and moderate, so tonight's action is to help projects qualify under the correct definition of low and moderate. Motion carried unanimously, 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said he wants to send major accolades to City Clerk Kathleen Porta for her efforts during the recent elections. He said this particular election had a high turnout and the death of Senator Paul Wellstone created an extra effort on the part of all election officials. Case commended Porta for her tireless efforts and suggested, if it is permitted, that she receive well-deserved time off for her labor that went far beyond the normal number of work hours. Case added he wants to send a word of thanks from the entire Council. Butcher added thanks to all election officials and judges for their volunteerism. CITY COUNCIL MEETING November 12, 2002 Page 6 B. REPORT OF CITY MANAGER 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 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:21 p.m.