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City Council - 12/05/2000 APPROVED lVIINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 5,2000 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 7:05 p.m. H. PLEDGE OF ALLEGIANCE III. CONVEYANCE OF CONSERVATION EASMENT FOR GLENSHIRE, OUTLOT A,TO THE NIINNESOTA LAND TRUST Mayor Harris acknowledged the hard work that has been done by the Glenshire-Edenvale Conservation Group to protect this site, resulting in the conveyance of the Glenshire, Outlot A, property between Edenvale Boulevard and Sunshine Drive to the Minnesota Land Trust. This area being conveyed will go toward wetland mitigation for the City and also toward restoring the property to its historical wetland condition. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to authorize the Mayor and City Manager to sign the Conservation Easement for Glenshire, Outlot A. Motion carried 5-0. Mayor Harris asked residents in Glenshire Addition to sign the conservation easement document. A representative of the Minnesota Land Trust signed the conservation easement document on its behalf. IV. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 to 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. CITY COUNCIL NQNUTES December 5,2000 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Harris added a presentation by the Friends of Birch Island Woods, under Item XI.A. Petitions, Requests and Communications. Mayor Harris requested moving Item XHI.A.to B. and add, as Item A., consecutive absences of a commission member. MOTION: Tyra-Lukens moved, seconded by Thorfu nson, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP MEETING HELD NOVEMBER 21,2000 Butcher made a correction on page 1, paragraph 1, under Community Forum. Survey, which should read "Councilmember Butcher, Community Survey Team Member, gave an overview. . . ." MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the Council Workshop Meeting held November 21, 2000, as published and amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD NOVEMBER 21,2000 MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Meeting held November 21,2000, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. SHADY OAK TECHNOLOGY BUILDING ADDITION by Mount Properties. 2nd Reading for Planned Unit Development District Review on 2.7 acres,Zoning District Amendment within the I-2 Zoning District on 2.7 acres, and Site Plan Review on 2.7 acres. Location: 6875 Shady Oak Road. (Ordinance No. 35-2000-PUD-25-2000 for PUD District Review, Zoning District Amendment and Resolution No. 2000-197 for Site Plan Review) B. PRAIRIE LUTHERAN CHURCH ADDITION by Prairie Lutheran Church 2nd Reading for Planned Unit Development District Review with waivers on 4.98 acres, Zoning District Change from R1-13.5 to Public on 1.68 acres, Zoning District Amendment within the Public Zoning District on 3.3 acres, and Site Plan Review on 4.98 acres. Location: 11000 Blossom Road. (Ordinance No. 37- 2000-PUD-27-2000 for PUD District Review Zoning District Change, Zoning District Amendment, and Resolution No.2000-198 for Site Plan Review) C. ADOPT RESOLUTION NO. 2000-199 APPROVING FINAL PLAT OF NORTH BLUFF 2'ADDITION CITY COUNCIL AI NUTES December 5,2000 Page 3 D. APPROVE 2N-D READING OF ORDINANCE NO. 38-2000 AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.26, SUBD. 3, RELATING TO MEMBERSHIP ON THE BOARD OF ADJUSTMENTS AND APPEALS E. ADOPT RESOLUTION NO. 2000-200 AWARDING CONTRACTS FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-E on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting`gaye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS Geri Westermann, representing the Friends of Birch Island Woods, talked about the results of the presentation before the County Board's General Government Committee on November 28. She said the committee's main concern regarded setting a precedent by conveying the property to the City at no cost. County staff was directed to prepare a memo on whether there had been a no-cost conveyance in the past, other than Birch Island Park. The memo would also address a recent land conveyance with Golden Valley and whether it is relevant to the Birch Island Woods situation. The memo was to be prepared no later than December 8. The other point addressed during the presentation was with regard to the expiration of the deadline, now set for December 31, for arriving at an agreement with the County. Commissioner Johnson was not inclined to grant an extension at that time, as the County Board has taken no formal position on the matter. Enger said Johnson indicated over the telephone that the County doesn't expect to put the property on the market until next spring. Enger sent a request in writing, on behalf of the City Council, for an extension of the deadline up to six months. Enger reported he has had no response from Commissioner Johnson on having a joint appraisal of the property. The City's Assessor believes the property is worth much less than the County's appraisal of $1.23 million. Enger discussed the idea of a joint appraisal with the County Auditor, who said he would speak with Johnson that day, but Enger has not heard back. Westermann strongly urged that someone be brought in with an expertise in wetlands, as that relates directly to the value of the property. CITY COUNCIL MINUTES December 5,2000 Page 4 Case asked if the City should go ahead with its own appraisal, as a way to get a figure that is objective, and it might be important to get it done soon. Enger said that point in time may come, but if the County is willing to work with the City on a joint appraisal the results could be more persuasive than if the City went ahead on its own. Westermann said the Friends of Birch Island Woods would like the opportunity to meet with appropriate City staff and interested Councilmembers. Perhaps her group and the City need to combine their resources and take another approach. Butcher said Birch Island Park has existing archaeological sites, and she wondered if it would be prudent to assess whether or not other sites might be in the adjacent Birch Island Woods property. Perhaps the City could research current documentation to see if there is some existing information. Case asked if the City should look at its own files. Butcher said she didn't know if the City would have those files; they probably are at the State Historic Preservation Office (SHPO). Either the Council or staff could send SHPO a request to survey any existing documentation that might show other archaeological sites. If SHPO doesn't have the full data on the property, the City could have the state archeological officer find out if other sites exist and send that information to the City. She asked if the Council or staff should then forward it to the County. Mayor Harris said that information should come back to the Council first to decide what process to follow. Butcher wondered if the state archeologist should be requested to do this investigation as soon as possible, and to report back in January. Case agreed, and said if developers hear there might be land available from the County, things could soon move out of the City's control. MOTION: Butcher moved, seconded by Tyra-Lukens to have City staff make an inquiry to the state archeologist to ascertain what archeological sites or heritage resources might exist in the area of Birch Island Park and Birch Island Woods, such information to be brought to the January 16, 2001, City Council meeting. Motion carried 5-0. Westermann stated, with regard to extension of the December 31 deadline, there is only one more City Council meeting and one meeting of the County Board before the end of the year. She said she was not certain what the City's position is on addressing that specific deadline. Mayor Harris said she was sure the City would use every available resource, including the archeological survey,to have that extension granted. Case said he realized the City formally requested an extension,but asked if it wouldn't be wise to send another letter saying that an extension is very important because the City is interested in investigating the property's archeological significance. The County would have to respond to a formal letter of request. He asked that Council discuss this again at its December 19 meeting. XH. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES December 5,2000 Page 5 XIIII. APPOINTMENTS A. CITY CODE SECTION 2.22, SUBD. 4.A.4., CONSECUTIVE ABSENCES OF A COMMISSION MEMBER Mayor Harris referenced the above ordinance, which pertains to attendance at meetings of commissions and boards. It states that a member's unexcused absence from three consecutive meetings would result in the member vacating that position. Commissioner Art Weeks has had three consecutive unexcused absences from the Heritage Preservation Commission. She gave Commissioner Weeks the opportunity to explain his absences. Art Weeks said, when he was asked by John Gertz to participate as a member of the Heritage Preservation Commission (HPQ this year, he told Gertz he had conflicts with his work schedule that involved travel, and he could not attend all the meetings. He did let Gertz know if he was going to be absent, but apologized for not notifying the Chair of the HPC as well. Although he is still traveling, he has a different schedule that should allow him to attend meetings of the HPC in the future. He was previously on the HPC for four years and the Board of Adjustments and Appeals for six years, and seldom missed a meeting. Butcher said she knew Art; they worked together years ago on the HPC, and she remembered he was at all the meetings. His input as a member of the HPC is appreciated. Mayor Harris said the City Ordinance also authorizes the Council to excuse those absences. She said the Councilmembers appreciate the time given by citizen volunteers and realize that everyone has conflicts because of their primary jobs. MOTION: Butcher moved, seconded by Case, to excuse Art Weeks' past absences from meetings of the Heritage Preservation Commission. Motion carried 5-0. Tyra-Lukens said, although this has caused an awkward situation, she thought it important to have the matter of unexcused absences written into the ordinance, because there are some persons who are not as responsible as Mr. Weeks. Case said the Council needs to make sure people who serve on the various commissions know about this ordinance when they ask to be commission members. Mr. Weeks said he didn't know about that ordinance. Mayor Harris said she believed the Council needed to review the language in the ordinance and make some further refinements to it. Thorfinnson said it is virtually impossible to include in the ordinance what would constitute an excused absence and what would not. A person may have various excuses over a period of four or five months. On the other hand, if a person has legitimate work issues and calls to tell someone, that would probably be an CITY COUNCIL NIINUTES December 5,2000 Page 6 excused absence. When the ordinance was written, they tried to simplify it. However it may need some clarifying language to include who should be contacted and what might constitute an excused absence. Butcher said they would hate to lose a good commissioner like Art. If a person misses several meetings they could be asked if they wish to continue. Thorfumson said, in the absence of something written in the code, there isn't an opportunity to make a change, when warranted. If a person has a variety of reasons for not attending meetings,perhaps someone else should fill that spot. Mary Jane Wiesner, 8293 Mitchell Road, asked to speak. She said she has been involved with a lot of volunteer organizations and it helps to have people call in to a designated person to say they can't attend a meeting. Otherwise, one person may show up at the meeting and no one else. Weeks said consideration should be given to attending special meetings connected with a commission. For example,he and Jan Mosman, Chair of the HPC,recently attended a meeting to review bids for the Eden Wood roofing project. Mayor Harris agreed that in addition to formal meetings there are other meetings that need to be attended, and the full and total picture of attendance, plus other participation, should be considered. B. APPOINTMENT OF CHAIR AND VICE CHAIR TO HERITAGE PRESERVATION COMMISSION Mayor Harris said Councilmember-Elect Jan Mosman will resign her position as Chair of the Heritage Preservation Commission effective January 1, 2001, when she begins her term as City Councilmember. The recommendation is that Lori Peterson-Benike should be appointed Chair and Art Weeks Vice Chair of the Heritage Preservation Commission, effective January 1, 2001, through March 31, 2001. Lori Peterson-Benike has served as Vice Chair since April 2000; she has served on the HPC for three years. Art Weeks has served as a member of both the HPC and the Board of Adjustments and Appeals. He chaired the HPC from October 1991 to March 1993. Both Lori and Art have indicated an interest and willingness to serve as Chair and Vice Chair respectively. Both have terms that expire March 31, 2003. MOTION: Butcher moved, seconded by Thorfmnson, to appoint Lori Peterson- Benike Chair and Art Weeks Vice Chair of the Heritage Preservation Commission effective January 1, 2001 through March 31,2001. Tyra-Lukens said she wanted to voice her concern about appointing a person as Chair when the present Chair has not technically resigned. Motion carried 5-0. CITY COUNCIL MINUTES December 5,2000 Page 7 XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 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 1. 2001 Open House for Boards and Commissions Candidates Swaggert said she is in the process of putting together the yearly Planner for distribution to City residents. In the past a date for the Open House has been included, which brings an opportunity for people to serve on the City's boards and commissions. In recent years there has been a low attendance of candidates, so she wanted to make sure the Council reviews this event to determine if it is not meeting people's needs and perhaps should be changed. Mayor Harris suggested having the Open House on the night the Council would normally have a Workshop. The Council, as well as City staff, would be present that night. Swaggert said, for Open Houses in the past they have included staff liaisons, and the liaisons could be given an opportunity to attend this year also. Enger recommended having the Open House on Tuesday, January 16. No Workshop program has been scheduled for that night. Swaggert said they would try that plan this year and see what the results are in terms of candidates' attendance. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Thorfmson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 7:55 p.m.