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City Council - 06/01/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 1, 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, Community Development Director Janet Jeremiah, 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 Tyra-Lukens announced that the 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. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens 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. She 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. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added a report on Southwest Metro Transit and discussion on Walkable Communities Project under Reports of Councilmembers.Neal requested that Item VI.E. be put off until the next council meeting. Mosman added a report on elected officials' pay under Reports of Councilmembers. MOTION: Butcher moved, seconded by Young,to approve the agenda as published and amended. Motion carried 5-0. CITY COUNCIL NMIMTES June 1,2004 Page 2 V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2004 MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City Council Meeting held Tuesday,May 18, 2004. Motion carried 4-0 with 1 abstention. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE 2ND READING OF ORDINANCE NO. 14-2004 AMENDING SECTION 11.70 REGARDING GRADING, VARIANCES AND NON- CONFORMING USES IN A SHORELAND AREA AND ADOPT RESOLUTION NO. 2004-85 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. RECEIVE FEASIBILITY STUDY FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS AND SET PUBLIC HEARING,I.C. 03-5606 D. ADOPT RESOLUTION NO. 2004-86 RECEIVING FEASIBILITY STUDY, APPROVING PLANS AND SPECIFICATIONS,AND ORDERING ADVERTISEMENT FOR BIDS FOR COLUMBINE ROAD IMPROVEMENTS, I.C. 52-130 E. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX FORFEITED LAND (OUTLOT A,EDENVALE 14T11; OUTLOT A, MASSEY ADDITION; OUTLOT B HIDDEN GLEN 3RD) F. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT FOR SALE OF CITY-OWNED PROPERTIES TRACTS A,B AND C,REGISTERED LAND SURVEY 423, TO NORTH AMERICAN PROPERTIES G. ADOPT RESOLUTION NO. 2004-87 ESTABLISHING POLLING PLACES H. ADOPT RESOLUTION NO. 2004-88 PROPOSING A MULTI-FAMILY HOUSING DEVELOPMENT PROJECT AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT (BROADMOOR) I. ADOPT RESOLUTION NO. 2004-89 DECLARING"ABANDONED PROPERTY" J. APPROVE THE SECOND AMENDED PROJECT MANAGEMENT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND SC MINNESOTA PROPERTIES CONCERNING SUMMIT PLACE CITY COUNCIL baNUTES June 1,2004 Page 3 K. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION(ARC) TO ACT AS THIRD PARTY ADMINISTRATOR FOR FORMER EMPLOYEES WITH CONTINUED BENEFIT COVERAGE L. APROVE MINNESOTA REPOSITORY ARREST PHOTOS ACCESS AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION M. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE 4 466.04 N. AWARD CONTRACT FOR RIGHT TURN LANE AND TRAIL CONSTRUCTION AT ANDERSON LAKES PARKWAY AND FRANLO ROAD TO BITIMINOUS ROADWAY, INC.,I.C. 01-5525 MOTION: Butcher moved, seconded by Mosman,to approve Items A-N of the Consent Calendar, with the exception of Item E. Tyra-Lukens said she would hope that some of the ideas from the Walkable Communities Workshop could be built in to Item D. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF HENNEPIN VILLAGE,VACATION 04-07(Resolution No. 2004-90) City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current. He said the property owner has requested this vacation to correct an error in the description provided for a previous vacation(VAC. 03-09,Resolution 2004-21). A triplex unit, to be constructed on Lots 11-13,Block 3, was errantly indicated on Lots 13-15,resulting in the vacation of a needed easement and the retainage of an easement that should have been vacated. Neal said this request will remove the easement on the common line of Lots 12 and 13. The property owner has agreed to provide a document to establish a replacement easement on the common line of Lot s 13 and 14. This document will be recorded concurrently with recording this vacation. There were no comments from the public. MOTION: Case moved, seconded by Young, to close the public hearing and adopt the resolution vacating the drainage and utility easements over part of Hennepin Village. Motion carried 5-0. B. PART II WELLHEAD PROTECTION PLAN, I.C. 05-5515 City Manager Scott Neal said official notice of this public hearing was published in the May 13,2004,Eden Prairie Sun Current and sent to one property owner. The WHPP is CITY COUNCIL NUNUTES June 1,2004 Page 4 intended to provide the City with a comprehensive plan to provide us with the basis to protect our wellhead area from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. Neal said the act provides that an opportunity be given to the public to provide input into the final plan. The City currently operates a total of 13 groundwater wells. One well was removed for construction of Highway 312. He said after closure of the public comment period,the Wellhead Protection Plan will be brought to Council for final approval and adoption. The Community Planning Board voted 5 to 0 to recommend approval of the Part II Wellhead Protection Plan at the May 10, 2004 meeting. Neal introduced Environmental Coordinator Leslie Stovring who gave a presentation on the plan. She explained that the plan is used to define the wellhead area of the city and look at what can be done to prevent contaminants from entering the water supply. She said the plan is intended to set up goals to evaluate with respect to the city's groundwater. She said Minnetonka is in the same aquifer area. Stovring said the city has 13 wells located in the Prairie du Chien and Jordan Bedrock Aquifer and they lie 381 to 470 feet deep. She said the Minnesota Department of Health found an element called tritium, a radioactive isotope, in the city's water and has determined the groundwater is vulnerable to contamination. Stovring showed the 9,964 acres of the drinking water supply management area, including a vulnerability assessment area. She said there are no highly vulnerable areas in the emergency management zone—all area low to moderate. She said the highly vulnerable areas are fairly clean with no known release sites such as dumps, leaking underground storage tanks and no toxic release sites or national discharge sites. She said there are three septic systems on the east side that are near the highly vulnerable area and also a few private wells that are planned to be closed. Also found was a hazardous waste generator on a residential property and a former gravel pit. Butcher asked if tritium is an indicator for recharge in water. She also asked why the Prairie du Chien aquifer recharged so quickly. Stovring said part of it is because there are gaps and fissures in areas. Butcher said the landfill is located above the Prairie du Chien aquifer and there is concern that it would affect the aquifer, and asked if there was any indication that there was anything from the landfill. Stovring said extensive groundwater measurements have been done and the discharge direction is south and not toward the well field which is a good distance away from the landfill. Case asked how many wells are in the Joran aquifer. Stovring said there are 4 wells in the Jordan aquifer,but Mt. Simon is considered the backup aquifer. Dietz said Mt. Simon is about 800 feet deep. Case asked about the process for drilling and also closing private wells. Stovring said you cannot deny a person from putting in a well,however through the Department of Health, you can keep a certain type of use from coming into an area. CITY COUNCIL MINUTES June 1,2004 Page 5 Mosman asked where Minnetonka is in this plan's process. Stovring said they have finished the modeling and mapping and it has been approved and they are in the process of finishing Part 2. Tyra-Lukens asked if the airport area is part of this wellhead area. Stovring said it is outside of the wellhead protection area and on the other side of the river from other cities like Shakopee so she would assume they would discharge to the river like the cities do. There were no comments from the public. MOTION: Butcher moved, seconded by Case,to close the public hearing and approve the final draft of the"City of Eden Prairie Wellhead Protection Plan." Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Legislation Relating to Airports—Councilmember Mosman (Resolution No. 2004-91) The legislation introduced in the 2003-2004 Minnesota Legislative session does not provide the State of Minnesota Transportation Commissioner the opportunity to appoint any local government elected officials to the Advisory Council that will be created, if this legislation is passed, that would represent reliever airport host communities. The Advisory Council will be charged with reviewing airport zoning provisions and to revise the state aviation plan that will analyze the projected aviation needs of the state for the next 20 years. Mosman said she attended a meeting where residents were concerned about representation on the 20-year transportation plan. She said David Hann and Erik CITY COUNCIL MINUTES June 1,2004 Page 6 Paulsen are aware of the concerns and asked for backing to see that this is what the city is asking for. Mosman said she is concerned about not giving reliever airports an increasingly important role in this as they may come up with a totally different conclusion on what the priorities are. Therefore, she suggested changing the wording of the resolution, 4th paragraph, deleting the words "increasingly important." Neal noted that it would be the intent, after this resolution is adopted,to provide it to all of the state elected officials that represent Eden Prairie and also to provide it to the mayors of the reliever airport communities. MOTION: Mosman moved, seconded by Butcher, to adopt a Resolution supporting amendment of proposed state legislation(House File 2143 and Senate File 2709) concerning airport zoning provisions by appointing an Eden Prairie elected official as a member of the proposed Advisory Council that will be charged with revising the state aviation plan,with the deletion of the words "increasingly important"in the fourth paragraph, second line. Motion carried 5-0. 2. Southwest Metro—Mayor Tyra-Lukens Tyra-Lukens reported that surveys were conducted recently to find out what citizens like or dislike about Southwest Metro and how Southwest Metro can better service the community. She said Southwest Metro is in the process of procuring up to 8 new buses at nearly$450,000 each, and 80 percent of the fimding will come from federal CMAC funds and 20 percent from a local match, generally the Metropolitan Council. She also reported that Southwest Metro has purchased a 1947 GMC Coach and hopes to have it on the road by July 4. Tyra-Lukens also announced Southwest Metro will provide transportation to the State Fair from Eden Prairie Mall, to the Aquatennial Parade, and to Friday night Minnesota Twins games. She said there are also special destinations through the summer such as the Mall of America, area museums and the Como Zoo. 3. Walkable Communities Workshop—Mayor Tyra-Lukens Tyra-Lukens requested a summary of ideas and a synopsis of what was learned at the Walkable Communities Workshop. 4. Elected Officials' Pay—Councilmember Mosman Mosman said a survey was done on elected officials' pay, comparing Eden Prairie with neighboring communities, and Eden Prairie is quite low in comparison to other comparable communities. She said she asked Neal if there CITY COUNCIL IVHNUTES June 1,2004 Page 7 could be discussion on consideration of adjusting the salaries of elected officials at one of the next workshops.Neal said it can be scheduled and discussed at the next workshop on June 17. Tyra-Lukens noted that if there is action on this, it needs to be done by the next election in order to take effect January 1. B. REPORT OF CITY MANAGER 1. 2003 Comprehensive Annual Financial Report(CAFR) Minnesota Statutes require that by June 30 of each year,the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Kern,DeWenter,Viere,Ltd. Neal introduced Steve Wischmann,Partner in the accounting firm,who made a presentation of the 2003 audit results.Wischmann said the General Fund is in very healthy financial condition.He said there will be a significant drop in the Debt Service Schedule in 2009 because there will be revenue bonds that will be paid in full in 2008. He said in the Enterprise Fund Operations,including Utilities, Storm Drainage, and Liquor operations,revenues have exceeded expenditures. Wischmann said compliance with Minnesota statutes showed no findings that required reporting.He congratulated the City on successfully implementing Gasby Statement 34 that presents the report in a new way. MOTION: Case moved, seconded by Mosman,to accept the 2003 Comprehensive Annual Financial Report(CAFR). Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:49 p.m.