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City Council - 04/27/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 27, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens and Parks &Recreation Director Bob Lambert were absent. Councilmember Case served as Acting Mayor and called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Acting Mayor Case announced that City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. He said Open Forum is reserved for scheduled participants and advised those who wish to speak to the Council during Open Forum, to contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with their name and subject matter they wish to address. Case said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. He said Open Forum and Open Podium are not recorded or televised and the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. He said those with questions about the process or procedures of Open Forum or Open Podium may contact the City Manager's office. IV. SENIOR AWARENESS PROCLAMATION Case read the proclamation designating May,2004 as Senior Awareness Month in the City of Eden Prairie. Advisory Board member George Schell thanked the Council for the proclamation. CITY COUNCIL AGENDA April 27,2004 Page 2 V. GOOD NEIGHBOR AWARD PRESENTATION Carla Kress announced that State Farm Companies Foundation sponsors this award for State Farm associates who volunteer a minimum of 40 hours a year for an eligible non- profit or government agency. She said Eden Prairie resident and volunteer driver Gordon Williams has been selected to for the State Farm Foundation Good Neighbor Award for his community service efforts. Williams has contributed hundreds of hours to the seniors of Eden Prairie as a Senior Center driver for more than seven years. She said the recognition includes a$500 grant to the Senior Center on behalf of Mr. Williams work. Mr. Williams was present and accepted the recognition. Case thanked Mr. Williams and the State Farm Foundation on behalf of the people of Eden Prairie. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Young moved, seconded by Mosman, to approve the agenda as published. Motion carried 4-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 13, 2004 MOTION: Mosman moved, seconded by Butcher,to approve the Minutes of the City Council Workshop held Tuesday, April 13, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 13, 2004 MOTION: Butcher moved, seconded by Young, to approve the Minutes of the City Council Meeting held Tuesday, April 13, 2004. Motion carried 4-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SCENIC HEIGHTS APARTMENTS by Duane and Patricia Pidcock. 2nd Reading for Planned Unit Development District Review with waivers on .97 acres, Zoning District Change from Rural to R1-13.5 on .35 acres and from Rural to RM-6.5 on .62 acres, and Site Plan Review on .62 acres. Location: Red Rock Road and Scenic Heights Road. (Ordinance No. 12-2004-PUD-9-2004 for PUD Zoning District Change and Resolution No. 2004-59 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 13-2004 REPEALING CITY CODE SECTION 5.45 AND 9.14 AND AMENDING SECTION 9.15 REGARDING THE REGULATION OF PHOSPHORUS FERTILIZERS AND ADOPT RESOLUTION NO. 2004-60 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA April 27,2004 Page 3 D. ADOPT RESOLUTION NO. 2004-61 APPROVING FINAL PLAT OF TRAXLER ADDITION E. ADOPT RESOLUTION NO. 2004-62 APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE THREE F. ADOPT RESOLUTION NO. 2004-63 APPROVING FINAL PLAT OF LORENCE THIRD ADDITION AND ADOPT RESOLUTION NO. 2004-64 AUTHORIZING EXCHANGE OF PROPERTY G. APPROVE CHANGE ORDER NO. 1 FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS PROJECT H. ADOPT RESOLUTION NO. 2004-65 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR INTERSECTION IMPROVEMENTS AT CSAH 4 (EDEN PRAIRIE ROAD)AND VALLEY VIEW ROAD,I.C. 96-5405 I. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 1, 2 AND 3,BLOCK 1, THE BLUFFS AT PURGATORY CREEK, SSA 03-06 J. APPROVE MINOR SUBDIVISION OF BRIARHILL APARTMENTS SITE K. ADOPT RESOLUTION NO. 2004-66 TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS (TABOR AND SIMILAR PROPOSALS)AT THE MINNESOTA STATE LEGISLATURE Young requested removing Item K of the Consent Calendar for discussion. MOTION: Mosman moved, seconded by Butcher, to approve Items A-J of the Consent Calendar. Motion carried 4-0. Young said he is concerned that although the TABOR bill which affects state government might still be alive at the capitol, he doesn't believe this is one that affects local government and he is concerned about using a resolution which assumes that such a thing may exist in the future. He said if there was an imminent threat of the legislature passing a bill which would affect the local ability to appropriate funds,he may be inclined to favor such a resolution,but since there isn't, he doesn't feel it's appropriate to direct the state government as to how they should fund themselves. He said it's an element for the state government to determine. Young Ru-ther stated that he considers the resolution as currently drafted as somewhat loaded. He said in summary,he believes the resolution made some conclusions and assumptions that he disagreed with. CITY COUNCIL AGENDA April 27,2004 Page 4 Butcher, a board member on the League of Minnesota Cities, stated it is the position of the League that they do oppose TABOR and they have tried to get the word out to cities about the proposal. She said she doesn't know where it is at the legislature,but in all she has read, she does support the resolution. Case asked why not send a resolution that would let the legislature know that the Council would be opposed to something that would occur if it affected cities. He said coming through the Minnesota League of Cities, it clearly applies to cities. Young said his point is it is a resolution which covers something that is in many respects hypothetical. He said he does not agree with the language. Case said he is comfortable with the League recommending that the cities take a stand and he would expect that the league would be cognizant of what is happening at the legislature that could potentially harm cities. Mosman reported that at the Association of Metropolitan Municipalities breakfast, they gave a summary of what has happened in a state where this has been in existence. She said in Colorado it was negatively affecting cities and she will support the resolution. Butcher said she has also been on policy committees for the AMM and it is also a group that supports the Minnesota League and cities creating resolutions. She said it is actually an opposition to TABOR,but a support of resolutions from various cities and she also supports it. MOTION: Butcher moved to approve Item K. of the Consent Calendar. Seconded by Mosman, motion carried 3-1 with Young in opposition. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Butcher,Mosman and Young voting"aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,_REQUESTS AND COMMUNICATIONS A. REQUEST TO COMBINE TWO LAND PARCELS FOR OLYMPIC HILLS City Manager Scott Neal stated that the proposal from Olympic Hills Golf Club includes plans to combine two land parcels to allow them to build a storage building just west of an existing equipment building located on Mount Curve Road. He said this will allow the golf club to store miscellaneous supplies and CITY COUNCIL AGENDA April 27,2004 Page 5 materials inside a building rather than outside. A combination of two land parcels (25-116-22-22-0037 and 25-116-22-21-0068) into one land parcel will eliminate the property line and allow building construction in accordance with the proposed site plan. Dietz added in the City Code, there is a provision for a combination or minor subdivision where two deeds are merged into one. He said if it is approved, a public hearing will be scheduled to vacate easements along the property line. Case asked if this could be done at the staff level. Dietz said the City has a stamp that can be put on back of a deed for minor changes,but it is questionable whether the county would record this deed without Council approval. Councilmembers agreed to hear audience concerns on this item. Willard Olson of 10460 Olympic Circle spoke about his past requests to have the owners of the property clean it up. He said he is concerned that the property stays clean once it is cleaned up. Case asked Franzen if the Council would have leverage once the owners place a building on the property. Franzen said the property is in a rural zoning district and the site plan review authority does not apply. He said the enforcement issue of debris and outside materials would be tagged the same as any commercial property or single family property and Council could direct staff to use the normal ordinances to make the owners comply with restricting the outdoor storage of debris and materials. Case asked if the City is losing leverage by allowing the lots to be put together in a rural zoning area. Franzen said they are building a building of the same materials and roof line as the existing building to be compatible with existing buildings in the area. A resident on Mt. Curve Road, reported that the owners clean up equipment by hosing it down and the residue, grass clippings, etc., go down the street and into the storm sewer in front of his house. He said if there is not enough rain, it collects and smells like manure. Butcher said she is concerned about this because grass clippings laden with fertilizer going into a storm sewer is a bad thing. She asked Dietz what type of recourse the City would have. Dietz said he is unsure what is available,but staff will certainly look into it. MOTION: Mosman moved to approve the combination of two land parcels: PIN 25-116-22-22-0037 and 25-116-22-21-0068 for Olympic Hills Golf Club. Seconded by Young, motion carried 4-0. MOTION: Butcher moved, seconded by Mosman,to ask staff to check into ordinances and see what kind of enforcement can be done and education about impacts to water. Motion carried 4-0. XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA April 27,2004 Page 6 XIV. APPOINTMENTS A. ARTS AND CULTURE COMMISSION APPOINTMENT City Manager Scott Neal said Ms. Soni Styrlund's application for the Arts and Culture Commission was received after the appointment process for 2004 was complete earlier this spring. The staff liaison for the commission, Sandy Werts, would like to see the commission membership increase to its maximum of seven members. Since,Ms. Styrlund has outstanding qualifications, the City Manager and Sandy Werts recommend Council approve this additional appointment. MOTION: Butcher moved, seconded by Mosman, to appoint Soni Styrlund to the Arts and Culture Commission for a term to end March 31, 2006. Motion carried 4-0. XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER Neal stated he would like to reverse the order of the following two items. 2. Clean Indoor Air Task Force Update Neal said it during the preparation of the recommendation, he learned of a similar program in Bloomington, Edina and Richfield and it is interesting and comparable enough to what the City was looking at to deserve a little more consideration. In light of that,he said he delayed the presentation of the recommendation to the council. There will be more investigation of what is happening in the other three cities between their representatives and the task force before the recommendation is brought to the Council at the last meeting in May. Case said he wants to make sure when community members are used on task forces that the Council does not use them and waste their time and end up doing whatever the Council wants to anyway in the end. He suggested bringing the task force back together for final analysis before a Council decision. 1. 2004 Employee Awards Neal said a presentation recently took place at the State of the City Address where the following employees were recognized for the 2004 Employee Awards: CITY COUNCIL AGENDA April 27, 2004 Page 7 Carl J. Jullie Award for Excellence in Customer Service-Brenda Uting; Mayor Jean L. Harris, MD Award for Community Service- John Carlon and Randy Thompson;James G. Clark Award for Excellence in Teamwork—Sandy Mitchell; City Manager's Quality Award—Kevin Cassady,Karen Kurt and Leslie Stovring. Neal said the City is lucky to have a group of high quality employees. Case thanked Neal for his efforts. Case noted that he is serving as Acting Mayor tonight because Tyra-Lukens is attending a recognition event at Eden Prairie High School honoring academic excellence and the Rotary is honoring the City of Eden Prairie. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:41 p.m.