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City Council - 07/06/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 6, 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 Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. 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 Neal said there are proposed changes to the agenda: remove Item B from the Consent Agenda and place it under Section IX as Item IX.B.; and add a public hearing on proposed issuance of multifamily housing development revenue bonds as Item VII.B. Case added a discussion topic under XIII.A. Butcher added two items under XIII.A. Rosow added an item under XIII.H. CITY COUNCIL NJEETING July 6,2004 Page 2 MOTION: Mosman moved, seconded by Case to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKHSOP HELD TUESDAY,JUNE 15,2004 MOTION: Young moved, seconded by Mosman,to approve the Minutes of the City Council Workshop held Tuesday,June 15, 2004. Motion carried 4-0 with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 2004 MOTION: Butcher moved, seconded by Young, to approve the Minutes of the City Council Meeting held Tuesday, June 15, 2004. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SETTLERS WEST by Pemtom Land Company. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 11.07 acres. Location: South of Pioneer Trail and north of Vogel Farm Trail. (Ordinance for Zoning District Change) C. ADOPT RESOLUTION NO. 2004-101 APPROVING COOPERATIVE AGREEMENT WITH MNDOT FOR TH212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT D. APPROVE SUBDIVISION OF PROPERTY AT 9955 PIONEER TRAIL E. APPROVE AMENDMENT TO 2004 TOWING SERVICES AGREEMENT F. APPROVE FREQUENCY RELOCATION AGREEMENT BETWEEN CITY AND NEXTEL WEST CORPORATION(NEXTEL)INC. G. ACCEPT DONATION OF FOUR ACRES OF LAND FROM STEVEN BROWN FOR ADDITION TO THE RICHARD T. ANDERSON CONSERVATION AREA H. AUTHORIZE EARLY GRADING PERMIT FOR FOUNTAIN PLACE MOTION: Mosman moved, seconded by Butcher, to approve Items A-H of the Consent Calendar,with the exception of Item B. Tyra-Lukens asked for clarification on Item H. She asked if it was understood that it was at their risk.Rosow said that is the understanding and it also is the City's understanding that the City's early grading permission does not give authorization CITY COUNCIL MEETING July 6,2004 Page 3 to grade the city's property until closing on the sale of the property. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. PATTERSON PROPERTY by Dave Patterson. Request for Preliminary Plat of 1.26 acres into 2 lots. Location: 15340 Sunrise Circle West. (Resolution No. 2004-102 for Preliminary Plat) City Manager Scott Neal stated that official notice of this public hearing was published in the June 24,2004,Eden Prairie Sun Current and sent to 41 property owners. The proposal is to subdivide the 1.26 acres into two single-family lots. He said at the June 14, 2004 meeting the Community Planning Board voted 5-0 to recommend approval of the project to the City Council based on the condition that the site plan be revised to locate the house farther back on the property. This would allow additional room for guest parking and a turnaround so cars would not have to back on to Mitchell Road.Neal said the plans have been revised according to the recommendations of the Community Planning Board. The existing home on the site is to remain. Lot 1 is 30,750 square feet and Lot 2 is 25,883 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 Zoning District. The existing and proposed lots meet City Code for R1-22 requirements. Community Development Director Janet Jeremiah pointed out that the resolution of the access issue was to allow it from the existing curb cut on Mitchell Road, provided the turnaround is a condition of approval. There were no public comments. MOTION: Case moved, seconded by Young,to close the Public Hearing and Adopt the Resolution for Preliminary Plat on 1.26 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. PROPOSED ISSUANCE OF MULTIFAMILY HOUSING DEVELOPMENT REVENUE BONDS FOR BROADMOOR APARTMENTS City Manager Scott Neal said official notice of this public hearing was published in the June 17,2004,Eden Prairie Sun Current. He said the City is required to conduct a public hearing on the proposed issuance of Housing Revenue Bonds. The City is authorized pursuant to Minnesota Statutes, Chapter 462C, as amended (the"Act")to finance the making or purchasing of loans with respect to multi family housing developments within the boundaries of the City of Eden Prairie, Minnesota. The city has received a proposal from Broadmoor Apartments, Inc., a Minnesota nonprofit corporation,which is related to Presbyterian Homes and Services, that the City assist in financing a Project through the issuance of revenue bonds or notes in the approximate aggregate principal amount of CITY COUNCIL MEETING July 6,2004 Page 4 $8,400,000 pursuant to the Act and in accordance with a housing finance program prepared with respect to the Project. The Project will finance the acquisition of 227 existing residential condominium units and 73 attached garage units located at 635 Prairie Center Drive in the City of Eden Prairie. All 227 condominium units are currently owned by the entity and rented as market-rate apartments (Broadmoor Apartments). The new owner(Presbyterian Homes) would convert the apartments to Senior affordable units. Presbyterian Homes currently owns the adjacent Castle Ridge Care Center. Mildred Heyer an owner of one of the units at Broadmoor, said Broadmoor owns 127 units and 14 other units are owned by other owners who bought in years ago. She asked how this would affect the owners. Jeremiah said it was her understand that all of the units were under single entity ownership. Dan Lindh from Presbyterian Homes stated there are 13 units that have been held from the beginning of the project by individuals; and they are hoping to acquire 227 units from Skyline Builders. Tyra-Lukens asked if the 13 units would continue as they have and are not part of the 227 units. Lindh said that is correct and clarified that tonight's action will have nothing to do with the 13 units. There were no further comments. MOTION: Mosman moved, seconded by Case to close the public hearing and direct Staff to prepare a resolution for the July 20 City Council meeting. 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 A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCILMEMBERS City Manager Scott Neal stated the ordinance is seeking to amend City Code Section 2.05, Subd. 1, related to increasing the monthly salary of the Mayor; to amend City Code Section 2.05, Subd. 2,related to increasing the monthly salary of each Council Member; and to amend City Code Section 2.05, Subd. 3, Subpart A so the Mayor and each Council Member shall be paid $35.00 a day for attending special meetings of the Council and other meetings involving City business regardless of the length or number of meetings attended that day, all effective after December 31,2004. CITY COUNCIL MEETING July 6,2004 Page 5 Neal reminded the Council that this was discussed at a workshop last week and findings of a study were discussed. He said Assistant to the City Manager Michael Barone researched how Eden Prairie's elected officials compare in their compensation to other cities, utilizing primarily the Municipal Legislative Commission(MLC) cities as a comparison. The research showed that the pay for the Mayor and Council Members is in the lower half of surveyed cities for pay. It has been 12 years since the salaries for the Mayor and Council Members have been increased in Eden Prairie, and just this once in the past 18 years. The meeting pay adjustment is being made to simplify the bookkeeping process for this pay,keeping intact the activities that qualify for payment. Neal said at the workshop, there was consensus for an increase of$2,500 per year for the mayor's salary and$1,500 per year for city councilmembers salaries. He said practices for providing health insurance to councilmembers was also considered,but currently no health insurance benefits are offered to part-time employees. He said if it were offered to councilmembers, all other part-time employees would be included and it would be a large financial impact. MOTION: Mosman moved, seconded by Case, to approve the First Reading of an Ordinance amending City Code Chapter 2 by amending Section 2.05 relating to salaries of the Mayor and Council Members; and adopting by reference City Code Chapter 1 and Section 2.99 which, among other things, contain penalty provisions. Motion carried 4-1 with Young opposed. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING CRIMINAL HISTORY INFORMATION Neal said to preserve public safety and trust, the City currently conducts criminal background checks for finalists of selected positions. The criminal background checks are done through the Bureau of Criminal Affairs (BCA). The fee for each background check is $15 and the City spends approximately$4,000 on criminal background checks annually. Our Police Department has access to the BCA's Criminal Justice Information System(CJIS),but cannot conduct employment background checks that are not related to police operations without a City ordinance giving that authority. The proposed ordinance will allow us to conduct background checks internally for all individuals who are finalists for regular city employment and paid-on call firefighters. The ordinance also outlines the conditions under which we would seek background checks for part-time/seasonal employees,volunteers, and contractors. The adoption of the ordinance will streamline the hiring the process, save money, and apply consistent criteria to the use of criminal background checks. MOTION: Case moved, seconded by Butcher, to approve First Reading of an Ordinance amending City Code Chapter 2 by adding Section 2.33 relating to Obtaining Criminal History Information. Motion carried 5-0. CITY COUNCIL MEETING July 6,2004 Page 6 C. SETTLERS WEST by Pemtom Land Company. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 11.07 acres. Location: South of Pioneer Trail and north of Vogel Farm Trail. (Ordinance No. 17-2004 for Zoning District Change) Neal stated that the requested motion is to approve the second reading of the ordinance of the zoning district change from Rural to R1-13.5 on 11.07 acres and approve the development agreement for Settlers West and approve the cooperative agreement between the City of Chanhassen and the City of Eden Prairie for Settlers West. Rosow commented on revisions to the language in the development agreement that ensures the City has enforcement capabilities with respect to the land situated in Chanhassen in Carver County so that the amounts payable to the City are indeed paid. He said he had two discussions with the developer's attorney and the developer is in agreement with all changes in Item 17. He said the original development agreement did not contain this language. Rosow said the developer provided to the city today a copy of the title insurance commitment which shows that he has not yet closed on the purchase of the property. He said in this case, the closing is scheduled within the next week and he recommends that the council adopt the ordinance, approve the development agreement and cooperative agreement contingent upon their submitting proof to the City within 30 days from today's date that they have acquired fee title ownership to the property, and if they don't present that evidence within 30 days, then the approval given here for the both the developer's agreement, the cooperative agreement and the rezoning are null and void, and to further direct the City Clerk not to publish the ordinance until after that proof has been received. Rosow further stated a letter was received today from the developer that deals with the $1,000,000 donation that is covered in Paragraph 17 of the Developer's Agreement. He said in the language of the letter there is a stipulation that the funds be earmarked for Heritage Preservation projects only with the City having exclusive control of how the funds would be used for Heritage Preservation and education. He said that was not his understanding of the basis for the donation being made to the City that these funds be earmarked. He said he would recommend the motion be made approving the ordinance contingent upon proof of ownership within 30 days and that the City specifically reject the stipulation on the use of funds. He said the developer needs to resign the agreement and acknowledge the changes so that there is no misunderstanding. MOTION: Mosman moved, seconded by Young, to approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 11.07 acres; and approve the development agreement for Settlers West; and approve the Cooperative Agreement between the City of Chanhassen and the City of Eden Prairie for Settlers West; and incorporate the conditions that the approval is contingent upon the developer providing proof of fee title ownership within 30 CITY COUNCIL bZEETING July 6,2004 Page 7 days from today's date; and further direct the City Clerk not to publish the ordinance until after that proof has been received; and further,that the City of Eden Prairie rejects the limitation on the use of the$1,000,000 as set forth in the developer's letter of July 5,2004. Motion carried 5-0. Tyra-Lukens asked if Staff could provide a reasonable estimate of what the cost for the next 10-20 years might be to the City in having that property.Neal said yes, and a projection of how the funds will be received will also be given,because they will not be received all at once. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Expanded Use of Cummins Grill Homestead- Councilmember Case Case said the Cummins Grill restoration plans and proposal have been on hold for at least 20 years. He said the problems are that there is a LAWCOM grant that the land was purchased which limits the private piece of private/public usage; and the fact that the building is on the National Register of Historic Places. He said there is a way to get out from under the LAWCOM grant and possibly allow private/public partnerships not unlike the Smith Douglas Moore house. He said if we were to buy ourselves out of the Cummins Grill LAWCOM grant with a large sum of money and buy Birch Island Woods land,we are killing multiple birds with one stone. He said the first step would be to contact the appropriate authorities that govern the grant and find out what it would take, and then see if the other plan is possible. He said he would like to direct Lambert to gather information. Mosman said she brought this idea up last year and did look at the stipulations on the grant and it does seem reasonable to check into it. Lambert said he spoke to Wayne Sames about the same question about a different proposal on the use of Round Lake and he said you can expect it will take a minimum of 4 months as turnaround time when a proposal is submitted to the state,the state staff reviews it, and only if the state staff supports the request will they forward it to the federal level for approval. Lambert said if it is approved, all would have to agree that the park system land you are proposing to buy and replace is similar. He said a proposal can be submitted and then the city could decide if they want to do it,but it is not going to be a quick turnaround. CITY COUNCIL 1V1EETING July 6,2004 Page 8 Butcher said it would also need to be determined how adaptive reuse would affect the National Register status. Case said knowing that it takes quite a while,the City should also make sure it doesn't lose options on Birch Island Woods. Lambert said that option is up in September. 2. July 4t" Celebration—Councilmember Butcher Butcher said she'd like to thank staff for all their efforts at the city's 4t" of July celebration. She said it was very well organized and thanked sponsors and groups and in particular, Sandy Werts. Butcher also asked when the City will have signage in terms of what the new ordinance is in terms of smoking in parks. She said residents know, but there are visitors who have no knowledge of the dialogue regarding this. Lambert said that nearly 100 "No Smoking" signs were ordered for the park system, and several have been installed at Round Lake Park. The larger signs are put near the entry to parks with the smaller signs placed in other areas within the park. These signs are being added to the park system as time allows. B. REPORT OF CITY MANAGER 1. Demolition and Disposal of Concrete Floor and Steel Piping at Ice Rink One Neal said the City advertised for bids for demolition and disposal of the concrete floor and steel piping of Ice Rink One at the Community Center, and bids were received Friday, July 2. He said there was an estimate that the project be in the $55,000 to $65,000 range and the low bid came from Minneapolis Concrete Sawing and Drilling for$39,655, and the bid is being awarded now in the interest of facilitating a shorter project time. MOTION: Case moved to award Demolition contract for the removal of Rink 1 floor at EPCC to Minneapolis Concrete Sawing and Drilling for $39,655. Seconded by Butcher, motion carried 5-0. 2. Resolution No. 2004-103 Urging Hennepin County to Enact a County- Wide Smoke-Free Ordinance Prohibiting Smoking in Places of Employment and Restaurants Neal said this resolution was drafted and placed on this City Council agenda at the request of Mayor Tyra-Lukens. This resolution is a modification of Resolution#2002-173 adopted by the City Council on October 15, 2002. Resolution#2002-173 was adopted by the Council as part of its closure of discussion of a proposal to ban smoking in the City's public places and places of employment. Resolution#2002-173 was intended as a statement of advocacy from the City Council to the CITY COUNCIL MEETING July 6, 2004 Page 9 Minnesota State Legislature to address the issue of public smoking at the state government level. This resolution asks the Hennepin County Board of Commissions to address the issue of public smoking and to establish a County-wide ordinance that would limit or eliminate smoking in public places and places of employment in Hennepin County. MOTION: Mosman moved, seconded by Case, to adopt Resolution urging Hennepin County Board of Commissioners to enact a county-wide smoke-free Ordinance prohibiting smoking in places of employment and restaurants. Young said it appears that the City is taking the verbage of the resolution from two years ago and replacing Hennepin County instead of the state. He said there were comments within the original resolution that were pertinent at the time regarding getting something done at a particular level of government. He said now he does not find that to be true and he has not been contacted by anyone asking that the City take the idea and move it to the county for adoption. He said trying to facilitate the resolution by using prior language did not operate as smoothly as the idea may have. He said the Chamber of Commerce has also asked that the City defer from taking these kinds of actions. Young said since we are a Council that disfavors unnecessary ordinances, he opposes the resolution because he tends to put it in the category of ordinances that may not be necessary. He said the fight should be fought at the state level. Tyra-Lukens said it is clear that the state legislature will not do anything about this unless they get prodding from cities, counties and citizens and this is a step to get started. She said when she met with the mayors and with Commissioner Dorfinan, she asked if we had passed ordinances asking the county to do this so it is important that things like this are done as a method of communicating wishes to the county. She has no problem changing the language to clarify that there was discussion of a local ordinance in 2002,but the people she spoke to during that discussion wanted this done on more of a regional, if not state,basis. Case clarified that his stand on banning dogs from one park for 20-30 percent of the time was that do we affect the great majority because of a concern of a minority view?He said this is the same case here where the vast majority(80 percent) are negatively affected by behavior of less than 20 percent. He said any discussion about laws and ordinances are always about rights, and it's always a balance of protecting the most rights. He said on the smoking issue he comes down solidly on protecting the health of the vast majority. Mosman said she recalls the businesses and those who objected to it wanted a larger scale,rather than a City ordinance and this is the first step in the state-wide process. She said objective accounting on profits show CITY COUNCIL MEETING July 6, 2004 Page 10 that businesses do not suffer, it is a perceived concern of the possibility and that is what the Chamber needs to address to their members. She said the health concern to the public are not perceptual, they are well researched and well documented. Motion carried 4-1 with Young opposed. 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 Rosow reported that when the Council considered the Slumberland development proposal, the development of the CSM property adjacent to that parcel earlier in 1998 required that CSM grant a cross access easement to what is now the Slumberland parcel for access and maintenance of that easement area. He said to date Slumberland has not been able to obtain that cross access easement and has come to the City to request assistance in obtaining that easement. He said he has asked the parties to talk to each other and reaffirm that the City expects compliance with the developer's agreement conditions, the condition that the cross access easement be provided; and to address concerns of CSM that the City would expect that Slumberland pay for any construction and reconstruction of the reconfiguration of the parking lot to accommodate that cross access easement; and if they are unable to reach agreement on that they need to advise the City because it is in the City's overall interest to make sure all developer agreements are complied with. Rosow said he does not know how much the two sides have been talking with each other. He said the City does not want to intervene,but it does take seriously the commitments from the developer's agreement. MOTION: Case moved, seconded by Mosman,to encourage Slumberland and CSM to work out their differences and proceed in an expeditious manner with the granting and acceptance of a cross access easement agreement. Motion carried 5- 0. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 p.m.