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City Council - 02/01/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:08 p.m. Councilmember Tyra-Lukens was absent. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added Item XII.A, Report on the I-494 Corridor Commission. Enger added Item XII.B.3., Rescheduling of March 7 Council Meeting. MOTION: Cased moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JANUARY 18,2000 MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Workshop held Tuesday, January 18,2000. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 18,2000 Thorfinmson made a correction on page 6, paragraph 5, which should read ". . . being formed now, the back portion of both lots would . . ." Harris made a correction on page 10, paragraph 6, which should read ". . . the draft EIS is going forward." Butcher made a correction on page 11, paragraph 3, which should begin "Butcher expressed concern . . .", and the next sentence should begin "She CITY COUNCIL MINUTES February 1, 2000 Page 2 asked . . ." Case made two corrections on page 12. Paragraph 3 should read"The renter is the granddaughter of Mr. More's wife . . ." Paragraph 5 should read "Two representatives of the Eden Prairie Historical Society. . ." MOTION: Thorfinnson moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday, January 18, 2000, as published and amended. Motion carried 4-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CAM ADDITION by Carlston Inc. Request for Planned Unit Development Concept Review on 10 acres,Planned Unit Development District Review with waivers on 10 acres,Rezoning from Rural to R1-13.5 on 10 acres, and Preliminary Plat on 10 acres into 17 lots. Location: 18230 and 18120 West 82na Street(Ordinance No. 5-2000-PUD-2-2000 for PUD District Review and Zoning Change) C. ADOPT RESOLUTION NO. 2000-25 APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 9TH ADDITION D. ADOPT RESOLUTION NO. 2000-26 APPROVING FINAL PLAT OF BRAXTON WOODS E. APPROVE SECOND READING OF ORDINANCE NO. 6-2000 AMENDING CITY CODE CHAPTER 11 AND ADOPT RESOLUTION NO. 2000-27 APPROVING SUMMARY FOR PUBLICATION AND ADOPT WETLAND PLAN F. AUTHORIZE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 2, BLOCK 2, BELL OAKS 1ST ADDITION G. APPROVE INVESTMENT POLICY H. AUTHORIZE CONTRACT WITH CONVERGENT COMMUNICATIONS TO SUPPLY AND INSTALL VOICE AND DATA EQUIPMENT I. AUTHORIZE ADVERTISEMENT FOR BIDS FOR FLYING CLOUD BALL FIELD ACCESS AND EVIPROVEMENTS MOTION: Butcher moved, seconded by Case, to approve Items A-I on the Consent Calendar. Motion carried 4-0. VI. PUBLIC HEARINGS /MEETINGS CITY COUNCIL MINUTES February 1, 2000 Page 3 A. HORNELAND ADDITION by Liv Homeland. Request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. Location: 8802 and 8804 Knollwood Drive. (Continued from January 18, 2000) (Withdrawal Requested) Enger said this item was continued from the January 18, 2000 City Council meeting. The City Council directed Staff to prepare findings for denial. Since the proponent is withdrawing the project, the public hearing should be closed and the plans returned to the proponent without prejudice. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing and return the plans to the proponent without prejudice. Motion carried 4-0. B. APPROVAL OF BUSINESS SUBSIDY POLICY(Resolution No.2000-28) Enger said official notice of this public hearing was published on January 20, 2000, in the Eden Prairie News. The 1999 Minnesota Legislature enacted Statute 116J.993-995 setting requirements for subsidies allocated to businesses by state or local government agencies. The law is intended to stimulate public discussion by local governments about what should be required from businesses in return for investments of public resources. Business subsidies are required to meet a public purpose other than increasing tax base; i.e. new jobs or job retention. The statute requires the City to hold a public hearing and adopt a policy and set of criteria for awarding business subsidies per Minnesota Statute 116J.993-995. Mayor Harris asked if anyone wished to address the Council regarding this policy. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and approve Resolution No. 2000-28 establishing a policy and criteria for awarding business subsidies per Minnesota Statute 116J.993-995. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfmnson and Harris voting"aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE FOR A STREET NAME CHANGE FOR DELL ROAD SOUTH OF PIONEER TRAIL TO STABLE PATH CITY COUNCIL MINUTES February 1,2000 Page 4 Dietz explained as part of the redevelopment of the apple orchard property, Dell Road is being realigned at Pioneer Trail to line up with Dell Road on the north side of Pioneer Trail. The residents of the portion south of Pioneer Trail reached consensus to change the name to Stable Path. MOTION: Case moved, seconded by Butcher, to adopt the 1St reading of an Ordinance changing the name of Dell Road, south of Pioneer Trail (approximately 2000 feet to its intersection with the new alignment of Dell Road) to Stable Path. Motion carried 4-0. B. ELIM HOMES,INC. PROJECT,RELATING TO A$1,000,000 HEALTH FACILITY REVENUE NOTE; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 469 -(Resolution No.2000-29) Uram said at the December 21, 1999 City Council meeting, the Council adopted a resolution giving preliminary approval to the issuance of up to $1,000,000 to pay for the costs of financing a new corporate office facility for Elim Homes. Adoption of the current resolution gives final approval to the project and authorizes the issuance of up to $1,000,000 revenue note. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution No. 2000-29 authorizing the issuance of a $1,000,000 Health Facility Revenue Note for the Elim Homes, Inc., project. Rosow pointed out the correct wording should be"up to 1,000,000", and Thorf mson and Case agreed to change the wording. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution No. 2000-29 authorizing the issuance of up to $1,000,000 Health Facility Revenue Note for the Elim Homes,Inc.,project. Motion carried 4-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS M. APPOINTMENTS A. APPOINTMENT OF TEMPORARY VICE CHAIR TO COMMUNITY PLANNING BOARD Enger said City Code provides for Council appointment of a Chair and a Vice Chair to discharge the duties of and conduct meetings of the Community Planning Board. Council had previously appointed Randy Foote as Chair, and it is necessary for Council to appoint a Vice Chair. This appointment will take effect immediately and serve through March 31 or until a replacement is appointed. Enger has talked to Frantz Corneille, now on the Planning Board, and he is willing to serve as Vice Chair. CITY COUNCIL MINUTES February 1,2000 Page 5 MOTION: . Butcher moved, seconded by Thorfinnson, to appoint Frantz Corneille of the Community Planning Board as the Vice-Chairperson. Motion carried 4-0. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Councilmember Thorf-mnson's Report on the I-494 Corridor Commission Thorfinnson said those Councilmembers, in addition to himself, who might be attending the Congressional/Cities Congress in March, are invited to attend meetings on March 14 and 15. The I-494 Corridor Commission is organizing meetings of the city representatives with congressional delegations on the issue of I-494. In addition, the I-494 Corridor Commission, in cooperation with the 35 Solutions Alliance, have decided to ask the congressional representatives for federal funding for major development of the I-35/I-494 interchange, which is totally unfunded at this time. Members of both groups are encouraging cities in the I=494 Corridor Commission to ask their mayors and councilmembers to attend this meeting. B. REPORT OF CITY MANAGER 1. Review of Draft EIS for Flying Cloud Airport Enger invited Scott Kipp to review the City's comments on the Draft Environmental Impact Statement for the expansion of Flying Cloud Airport. Scott Kipp said he would be taking Staff s comments to the public hearing for inclusion in the Public Hearing Record. Some of the City's major concerns with the Draft EIS are its study of noise impacts and land-use compatibility, as well as the airport expansion's cost versus benefit analysis MAC prepared. The public hearing is being held on Wednesday, February 9, and will begin at 7 p.m. MAC will have tables set up for people to take a look at the airport expansion plans, and representatives from the FAA and MAC will be there to answer questions from 4:30 to 7:00 p.m. Public input will be scheduled during the public hearing process. MAC has provided a letter that will be handed out that night with regard to implementing voluntary abatement measures on nighttime curfews while the Part 161 study is being considered. .Mayor Harris asked Kipp if he would be presenting the City's comments on the Draft EIS. Kipp responded he will give an overview of the CITY COUNCIL MINUTES February 1,2000 Page 6 comments at the public hearing and will be forwarding the detailed comments before the deadline of February 21. Butcher inquired where residents could get a copy of the Draft EIS. Kipp said copies are available for inspection at the Eden Prairie Library and at the City Center. Copies can be obtained by calling Mark Ryan at MAC. Case said there are major problems with the draft EIS, including MAC's choice to identify the "no build" option as a major cost. He said the airport expansion places a big tax burden on the City with no obvious benefits for the citizens of Eden Prairie. He would like Kipp to lay out at the public hearing all the areas where the City has concerns. Case said, while Kipp does an excellent job of representing the City, he recommended having an elected official speak at the public hearing in addition to Kipp. Mayor Harris said she believed Kipp was the best person to present the technical issues. He is a very forceful proponent of the City's position. However a Council representative could make a summary statement of the City's position. Thorfinnson said, while he agrees with Mr. Kipp's ability to present this report, his experience has been that a presentation by an elected official carries more weight than a staff member. Mayor Harris agreed with Thorfinnson and asked for a volunteer to make a summary statement. Butcher responded she would be happy to do that. Case said he also plans to be at the public hearing. He pointed out that the Council has voted against expansion of the airport in the past and presumed that is still its position. Mayor Harris said it is, and that is the theme Butcher should carry to the public hearing. MOTION: Thorfinnson moved, seconded by Case, to adopt Staff Comments on the Draft EIS for Flying Cloud Airport, and direct the City Staff to forward Comments on the Draft EIS for Flying Cloud Airport to the Metropolitan Airports Commission and Federal Aviation Administration for inclusion into the Public Hearing Record. Motion carried 4-0. 2. Boards and Commission Interviews Enger said Staff requests that the City Council set Tuesday, February 22, to conduct Boards and Commissions interviews. Dinner and orientation would be from 5:30 p.m. to 6:30 p.m. and interviews from 6:30 p.m. to approximately 9:30 p.m. MOTION: Case moved, seconded by Butcher, to set February 22, 2000, from 5:30 p.m. to 9:30 p.m. at the City Center for Boards and CITY COUNCIL MINUTES February 1,2000 Page 7 Commissions interviews. Motion carried 4-0. Thorfinnson said the Council is still seeking candidates for Boards and Commissions. Applications are being accepted through February 11, and can be obtained by calling the City Center for a packet of information. Mayor Harris, Butcher and Case also invited citizens interested in being involved to apply for one of the open positions. 2. Precinct Caucuses Enger said the precinct caucus is being held on Tuesday, March 7, when the City Council is scheduled to meet. It was brought to his attention that State law prohibits meetings on caucus night after 6:00 p.m. This is the date Council chose to appoint Board and Commission members. He suggested Council set a special meeting to do that. As some Councilmembers did not have their calendars with them, Enger said he would call them to select a date. That date can be set at the next Council meeting. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Establishment of Third Rink Task Force Lambert said at the December 21 Council Forum, representatives of the Hockey Association requested the City Council provide direction on how to proceed with investigating the feasibility and options available to obtain a third ice skating rink in Eden Prairie. At that meeting, the City Council requested Staff make recommendations to the City Council for the makeup of a study committee. The Council suggested that the study committee include expertise in the area of architecture, construction and financing. City Staff recommended representatives from the Hockey Association, Figure Skating Club, the School District, the Parks and Recreation Commission, and four citizens at large interested in general recreation. Following these guidelines, City Staff would recommend the following appointments to this study committee: (1) Hockey Association Representative—John Schmelzle (2) Architecture — Michael DeVetter, CEO of Schrock & DeVetter Architects, the architect for the new high school additions, theater, gymnasiums, as well as the architect for the Lifetime Fitness facility in Plymouth. (3) Construction — Gary Kraemer, President of Kraemer and Sons Construction Company (4) Finance—Brian Holcomb, Owner, Holcomb and Green (5) Figure Skating—Maggie Ashby,President,Figure Skating Club CITY COUNCIL MINUTES February 1, 2000 Page 8 (6) School District Representative — Steve Schultz, Director of Student Activities (7) Parks & Recreation Commission Representative — Pat Richard (previous chair of the Parks&Recreation Commission) (8) Four citizens at large interested in general recreation City Staff that would be involved in working with the committee are Lyndell Frey, Manager of the Community Center; Joel Klute, Ice Arena Coordinator; and Laurie Obiazor,Manager of Recreation Services. Butcher nominated Terry Randolph as one of the citizens at large. Case said he believed the committee should include a School Board member. One of the critical building blocks for having a third rink would be the donation of land by either the School District or the City. He also recommended the addition of a Councilmember. Thorfinnson disagreed, saying inclusion of a School Board member, in addition to a School District Representative, would make it difficult to reach a decision if they have different opinions. Butcher said it would be redundant. Mayor Harris said having citizens on the committee without vested interests might be better than having a Councilmember on it. Butcher pointed out this is to be a fact-finding committee. The Council's role is to make a decision as a group after the committee has finished its work. Butcher inquired about having someone from the business community on the committee. Lambert said he could try to get someone. However, if people don't have an interest in hockey it is difficult to get them to serve on a committee of this type. Case said his understanding was that the committee would try to get a rink built without City funding. Therefore, he thought the committee members should be people that have a strong interest in having a third rink. Lambert explained why it is important to have a balance on this committee. Even if it is built without City funding, it will need either City or School District land. In order for the City to decide to give them land there has to be assurance a third rink is needed and building it is feasible. An intelligent, unbiased committee is necessary to question the facts and get proof that a third rink is needed, so when it comes to the Council they can be confident this group is believable. Whether the City recommends a third rink or not, there will be a lot of citizens questioning it. CITY COUNCIL MINUTES February 1,2000 Page 9 Thorfinnson requested that City Staff list out what this group is expected to accomplish. The memorandum the Council received is unclear about whether or not the City would pay for a third rink. Lambert said the Hockey Association has indicated they don't expect the City to pay for this rink; they asked for the City's expertise on whether or not it is feasible. The first question the committee should address is whether there is need for a third rink and, if it is determined there is not,the committee won't go any further. Mayor Harris said there are three questions to be answered by the study committee: (1) whether there a need for a third rink; (2) whether it is feasible; and(3)how it could be paid for. Case said if the group comes back with a request for City funding participation, that request should be considered with other City funding needs. Thorfinnson said he would be willing to look at alternatives that would include a certain amount of City funding, but it would be more difficult to make a decision if the group doesn't believe the rink can be built without City funds. Case said if that happens, he doesn't want to close the door on City participation. They could come back to the Council with their request, and if Councilmembers believe the need is there, they would consider it further. Swaggert said there is one other procedural issue. The Community Program Board's position would be required. Mayor Harris agreed that is one of the procedures the group should go through if City funding is needed. Butcher said, even if it isn't, this project would still have some kind of financial impact on the City and could have an impact on the two hockey arenas the City has now, so it should go through the Community Program Board. Thorfinnson said he wants to be sure the membership of the task force is balanced. Clear direction needs to be given to this group by the City. Mayor Harris said citizens at large whose names have been mentioned are Dick Brown, Bruce Bowman, and Terry Randolph. Thorfinnson said if we could find a fourth citizen at large, he would be satisfied with the membership of the group. Enger said perhaps it would be appropriate for Staff to prepare a clear, succinct, mission statement for this group and present this at the next Council meeting, along with the name of another member at large. Mayor Harris inquired if there were any objections to this proposal. As there were none, she said Council would appoint the entire committee of 11 members at the next City Council meeting. She asked who would chair the committee. Enger said it would be up to the Council to suggest names for a CITY COUNCIL MINUTES February 1, 2000 Page 10 Chair and Co-Chair. Case suggested Pat Richard as Chair and John Schmelzle as Co-Chair. 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 H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room IL This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. If you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Butcher moved to adjourn the meeting. Mayor Harris adjourned the meeting at 8:06 p.m.