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City Council - 07/20/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 20, 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. Councilmember Butcher was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Mosman moved, seconded by Young, to approve the agenda as published. Motion carried 4-0. V. PRESENTATION BY MET COUNCIL REPRESENTATIVE MARY HILL SMITH City Manager Scott Neal reported that Rep. Smith had a last-minute family issue and was not able to attend this meeting. He said she wants to reschedule for sometime in September. VI. WALKABLE COMMUNITIES PRESENTATION City Planner Michael Franzen said that on April 22, the City hosted a Walkable Communities Workshop, sponsored by the sidewalk section of the Metropolitan Council and the healthcare industry. He said the workshop was put on because there is a relationship between the health of a community and exercise, and a way to promote exercise is to promote the construction of sidewalks and trails. He said his definition of a walkable community is one that"takes an active and conscious decision to plan for sidewalks and trails as part of a comprehensive plan." Franzen said barriers to walkable communities are lack of sidewalks and trails, low density land use and missing sidewalk connections.He provided statistics from the healthcare industry about lack of physical inactivity.He also observed differences in family transportation habits and physical activities from 1953 to 1971. CITY COUNCIL MEETING July 20,2004 Page 2 Franzen said at the conclusion of the workshop, there were three things the planner said should be done: continue to build more sidewalks and trails; continue to promote more compact land use; and plant more trees in boulevards.He said the City got high marks for past sidewalk and trail planning, connectivity, and compact land use. Mosman said the City has a wonderful trail system. She said priority routes used a lot by bikers and walkers should be designated and plowed so they are also accessible in winter. Tyra-Lukens commented she was at the presentation and stressed the importance of safety and creating safe crossing spaces in the middle of wide roadways. She said changes have been made in the business center area with more housing in the area. She said she would like to talk with businesses at the mall and in that area to consider a continuous trail system so walkers will have a way to get to the businesses. She said she would also like to see the city look at developments as they come in in terms of walkability of the road spaces. VII. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 6, 2004 MOTION: Mosman moved, seconded by Case, to approve the Minutes of the City Council Workshop held Tuesday, July 6, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 6,2004 MOTION: Case moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday, July 6, 2004. Motion carried 4-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 19-2004 AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING CRIMINAL HISTORY INFORMATION C. ADOPT RESOLUTION NO. 2004-104 APPROVING FINAL PLAT OF FOUNTAIN PLACE D. ADOPT RESOLUTION NO. 2004-105 APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE FOUR E. ADOPT RESOLUTION NO. 2004-106 APPROVING FINAL PLAT OF WESTGATE OFFICE PARK F. ADOPT RESOLUTION NO.2004-107 APPROVING FINAL PLAT OF SOUTHWEST STATION 3 ADDITION CITY COUNCIL MEETING July 20,2004 Page 3 G. ADOPT RESOLUTION NO. 2004-108 APPROVING FINAL PLAT OF SETTLERS WEST H. FLYING CLOUD MALL by Kleve Properties, LLC. Request for Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres, Site Plan Review on 2.96 acres. Location: Pioneer Trail and Highway 212. (Ordinance No. 21-2004 for Zoning District Change,Resolution No. 2004-109 for Site Plan Review) I. FOUNTAIN PLACE RETAIL by North American Properties. Request for Planned Unit Development District Review with waivers on 12.8 acres, Zoning District Change from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8 acres. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor Drive (Ordinance No. 18-2004-PUS-11-2004 for PUD District Review and Zoning Change,Resolution No. 2004-110 for Site Plan Review) J. APPROVE FINAL "CITY OF EDEN PRAIRIE WELLHEAD PROTECTION PLAN" K. ADOPT RESOLUTION NO. 2004-111 REQUESTING MNDOT INVESTIGATE SAFETY IMPROVEMENTS ON TH 212 AT CSAH 1 L. APPROVE CHANGE ORDER NO. 3 FOR HILLCRESUALPINE STREET RECONSTRUCTION PROJECT M. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL N. APPROVE AGREEMENT WITH TELADJUST,INC. FOR AUDIT OF CITY PHONE RECORDS O. ADOPT RESOLUTION NO. 2004-111 CHANGING THE AUGUST 3, 2004, CITY COUNCIL MEETING TIME AND LOCATION TO 8:00 PM AT THE CITY OF EDEN PRAIRIE'S HOUSING AND HUMAN SERVICES OFFICE P. APPROVE CHANGE ORDER PROPOSAL REQUEST NO. 11 FOR SANITARY SEWER INSTALLATION AT THE RILEY-JAOUES BARN Q. APPROVE CHANGE ORDER PROPOSAL REQUESTS 6, 7, 8, 9, 10,AND 12 FOR CONSTRUCTION CHANGES AT THE RILEY-JAQUES BARN R. APPROVE PURCHASE OF NEW TELEPHONE HARDWARE AND SOFTWARE FROM ESCHELON FOR THE CITY'S NEW OFFICE SPACE AT EDEN PRAIRIE CENTER S. AWARD CONTRACT FOR REPLACEMENT OF ICE RINK 1 AT EDEN PRAIRIE, COMMUNITY CENTER TO COMMERICAL REFRIGERATION SYSTEMS,INC. CITY COUNCIL MEETING July 20,2004 Page 4 MOTION: Young moved, seconded by Mosman, to approve Items A-S of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard Homes: Request for Planned Unit Development Concept Review on 17.8 acres,Planned Unit Development District Review and Zoning District Amendment in the RM6.5 District on 6.74 acres, Site Plan Review on 6.74 acres,Preliminary Plat of 6.74 acres into 11 lots. Location Rolling Hills Road and Prairie Lakes Drive. (Resolution No. 2004-113 for PUD Concept Review, Ordinance for PUD District Review and Zoning Amendment,Resolution No. 2004-114 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the July 15, 2004,Eden Prairie Sun Current and sent to 257 property owners. He said the approved plan for phase two is 131 multiple family townhomes at a gross density of 17.84 units per acre. He said the revised plan has a different mix of the same product and one new product, the vista townhome. Neal said the Community Planning Board voted 5-0 to recommend approval of the project to the City Council at the June 28, 2004 meeting. The project requires waivers similar to the ones granted in 2001. Franzen said the vista townhome is a variation of the urban row townhouse,but the architecture was within the framework of the design manual approved by the City Council. He said this product type also provides for more green space and room for parking and sidewalks. He said Tim Whitten is here representing David Bernard Homes. There were no public comments. MOTION: Mosman moved, seconded by Case, to close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Review on 17.8 acres; and Approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the RM-6.5 District on 17.8 acres; and Adopt the Resolution for Preliminary Plat on 17.8 acres into 40 lots; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case commented that it is a pleasure to see that urban density is happening and this is the right project in the right location. Motion carried 4-0. B. EDENVALE HIGHLANDS by BC Development, LLC. Request for Zoning District Change from Rural to R1-13.5 on 10.62 acres. Preliminary Plat of 10.62 acres into 8 lots and road right-of-way. Location: East terminus of Alpine Trail, south of the Twin Cities and Western Railroad. (Ordinance for Zoning District Change,Resolution No. 2004-115 for Preliminary Plat) CITY COUNCIL MEETING July 20,2004 Page 5 City Manager Scott Neal said official notice of this public hearing was published in the July 15,2004,Eden Prairie Sun Current and sent to 51 property owners. This is for 8 single-family lots. The Community Planning Board voted 5-0 to recommend approval of the project at its June 28,2004 meeting. The project was originally nine lots. One lot was eliminated prior to Community Planning Board review. A conservation easement along the rear yards of Lots 1 through 5 is proposed. This will protect the wooded slope and shoreland bluff area. Outlot A located along Purgatory Creek will be dedicated to the City. No variances to the City code are proposed. Neal said the developer's consultant indicates tree loss of 35%. According to the City Forester,tree loss is 44%. The difference is due to the consultant's inclusion of some non-significant trees in the total count, and additional tree loss anticipated by the City Forester with the construction of the retaining walls. An additional 405 caliper inches of tree replacement is required. The plan has not yet been revised. This requirement will be included in the Development Agreement. He said a total of 23,000 cubic yards of excess fill will be removed from the property. The developer is requesting City Council authorization for early grading so this work can begin prior to 2°a Reading for the project. Franzen said the developer, city forester and planners are continuing to look at ways to position buildings and retaining walls so as to close the gap between calculations for trees. He said the goal is to reduce tree loss as much as possible, and he will update the Council by second reading on whether or not the plan requires more tree replacement. Tyra-Lukens said she is concerned because an early grading permit is requested and the trees may be gone before second reading. Franzen said a plan was just received late this afternoon,but he has not had opportunity to check the site with Stuart Fox.Franzen said before the grading permit is issued,there will be a definite answer about whether or not a tree replacement plan is needed for 405 inches or some lesser amount. Tyra-Lukens clarified that approval for early grading permit will be issued at the discretion of staff when the tree issues have been resolved. Becky Brown, 6855 Alpine Trail, said neighbors do not want the area to be developed, but given that it is going to be developed,they feel confident that Mr. Calhoun has addressed their concerns. She said Calhoun and his engineer have been very responsive to concerns and generally the neighborhood is in favor of it. Tyra-Lukens asked if the trail runs alongside the property line for this neighborhood and the adjoining neighborhood, and is there any sidewalk or trail along the street itself. Franzen said he does not believe there is a sidewalk or trail going up the cul-de-sac. He said there is a conservation easement running across the rear of the lot,but that is where a wetland buffer zone is located. There were no further comments. CITY COUNCIL MEETING July 20,2004 Page 6 MOTION: Young moved to close the Public Hearing; and approve 1 st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 10.62 acres; and adopt the Resolution for Preliminary Plat on 10.62 acres into 8 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and authorize issuance of an early grading permit for Edenvale Highlands at the discretion of staff when the tree issues have been resolved. Seconded by Case, motion carried 4-0. C. HIDDEN PONDS TRAIL AND POND IMPROVEMENTS,I.C. 03-5606 (Resolution No. 2004-116) City Manager Scott Neal said official notice of this public hearing was published in the June 24 and July 1, 2004,Eden Prairie Sun Current and sent to 257 property owners. He said with the assistance of HTPO, Inc:,the staff has prepared a feasibility study for reconstruction of trails and sediment removal from several ponds in the Hidden Ponds First and Second Additions. This public hearing and the adoption of the attached resolution is the next step in advancing this project. Neal said since the feasibility study is not the result of a petition from affected owners, the requirement for approval of the resolution is by four-fifths majority vote. He said with the absence Councilmember Butcher tonight, this will require an affirmative vote of all four Councilmembers in order to advance. He said through a process guided by Parks Department staff that began in approximately 1992, the City come to own the outlots containing trails and ponds in the First and Second Additions of Hidden Ponds. The informal caveat of this process has been that if the property owners pay the cost to upgrade the trail system to current City standards,the City would own and maintain these outlots and trails in perpetuity. Neal said although the primary objective is to replace the trail system, it was determined during the scoping process of the project that access to the ponds for maintenance purposes would be over the trail system that is proposed to be replaced. Therefore, the project involves a first stage of sediment removal from several of the ponds during the winter of 2004/2005 and then the complete reconstruction of the trails in the Spring/ Summer 2005. The feasibility study estimates that the assessment for each of the 258 properties in the assessment district will be approximately$655.00. It is proposed to assess that amount over a ten-year period. The feasibility study concludes that the project is both necessary and feasible. Staff recommends that Council order the improvements in accordance with the schedule included in the feasibility study. Dietz explained the purpose of the public hearing. He said it is to determine the feasibility for the special assessment aspect of the project and there will be a required 4/5 majority vote in order to advance the project. He said staff does advocate for the project and all 258 properties received a copy of the feasibility study report. Dietz presented the history of the Hidden Ponds neighborhood that began in 1972.He said when started, the plan contemplated an open space, a trail and a linear park system CITY COUNCIL MEETING July 20,2004 Page 7 as part of the project. He showed a map of the additions and pointed out existing trails and ponds. He said in 1996, some of the longtime residents in the first addition deeded outlots to the city. He said from 1997 to 2000, a process was put in place to receive and file consent agreements from 75 percent of property owners so that they matched terminology and language of the association documents. Dietz said it came across his desk in 2001, and in November, 2003, Council adopted a resolution to require and request a feasibility study. In it,he said, a trail system needed to be upgraded, and a process has been identified on how to maintain stormwater ponds. He said access to the ponds will be over the same trail system that will be reconstructed. He said this is a joint investment with the city doing the dredging and upgrading of the ponds and the neighborhood would be responsible for upgrading the trails to current city standard that is thicker and 8 feet wide. Dietz said the estimated cost for the entire project is $427,000 and the amount to be assessed is about$169,000 with costs for stormwater improvements estimated at $258,000. He explained that each of the 258 properties would be assessed$655 for the trail improvement cost. He said the plan is to open bids sometime this fall,pond dredging would begin just as freeze up occurs, and next spring the trails would be rebuilt. He said a special assessment hearing would be held in September/October of 2005 with collection of certified assessments to begin in 2006. Dietz said there is not a consensus in the neighborhood on whether or not they want a trail system. He noted letters from neighbors in tonight's packet, showing support or nonsupport of the issue. There is also a petition representing 23 homeowners. He said at the staff level, these trails are just as important as any other trail in the community. He said they provide a safe alternative to roadways for pedestrians and bicyclists and provides an interconnectability that is highly desirable. Dietz said he and Lambert agree to recommend eliminating the extension of a new section of trail,new to the neighborhood, along the south side of Valley View Road between Green Ridge Drive and Tartan Curve. He said it was thought to be an interim step towards building a trail to Hwy. 101,but there is no safe way to cross Hwy. 101. Mosman asked about trail width and winter snow plowing of the trails. Dietz said there has been some concern that there may be a need to go to a 10-12 foot trail,but right now there would be no commitment to winter plow this area. Mosman asked if all the ponds will need cleaning. Dietz said he thinks that's true. Mosman said it is against the Wetland Conservation Act Regulation to increase the depth and capacity,but why wouldn't we increase them so they might last longer? Dietz said there are 7 different types of wetlands. He said these are fairly shallow ponds, 3-5 feet in depth. He said there is a rule to maintain the diversity of wetland types. He said Hidden Ponds was built prior to NURP standards for water quality treatment, and sediments will be removed in 4 of the 7 ponds. CITY COUNCIL MEETING July 20,2004 Page 8 Dietz said flow generally goes from west/southeast,north/northeast through the 7 ponds, so the last pond in the system had 1"of sediment in it. He said one of the things that will be done is the adding of catch basins to collect some of the street's sediments. Nancy Pudas, 19150 Pheasant Circle, said she is a walker/runner and uses the section of trail that is a non-trail. She said there is no sidewalk and it is very dangerous because there is a curve there and cars cannot see her, so she must cross Valley View at some point to get across the street. She said she is also concerned that a section of the trail is overgrown and she cannot access it with a stroller. Pudas said the recommendation to use a non-phosphorus fertilizer should be a requirement because she sees grass clippings and fertilizer pellets everywhere that are going into the ponds. Robert Little, 7261 Green Ridge Dr., said he thinks the parks department is great to redo the bike trails and he is in support of the trails. Edwin Lanning, 18800 Deerfield Tr., said the pond is not visible this time of year and is not usable for swimming,boating, fishing and is not a very healthy looking pond. He said he doesn't think it is a priority and as far as spending the money he does not see who can benefit from it. He said it is more of a holding area for stormwater. He said the storm sewer drains into the pond in front of his house and he is concerned about the outlet being plugged up. He said the trails are kind of a luxury. He said this is a noble effort, but he cannot see it being a priority item. Lanning suggested putting the whole item to rest for now. Bill Rogers, 18975 Valley View Rd., said he is against the trail extension along the south side of Valley View Road, between Tartan Curve and Green Ridge Road. He said there are 5 homes where the trail will go through the front yard and he is concerned about how it will look as well as the liability and financial impact on property values. He asked Council to give strong consideration to removing that trail. Tyra-Lukens asked Rogers if he would be opposed to having a sidewalk in the front yard instead of the trail. He said he would not be opposed to that. Vikas Jain, 18885 Valley View Road, said he is also opposed to the project because he is a resident on the same section of trail between Green Ridge and Tartan Curve. He added that he has lived in Eden Prairie for nearly one year and is also opposed to increasing taxes. He said the depth of impact on quality of life and financial liability has to be weighed against the conveniences of connecting trails. He said a sidewalk would be preferred,rather than a trail. Dan Murphy, 7252 Tartan Curve, said he is a 15-year resident and vandalism has increased over the years in the neighborhood. He said trails and paths should be closer to public property and sidewalks should be in the front. He said he would be glad to pay additional taxes for sidewalks. He said the most of the 35 property owners who signed the petition live on the pond. Murphy asked about the park referendum that was vetoed last May. He said he was told that part of the paths were in the referendum.Dietz said this process has been going on since 1992 and the idea of replacing the trails at the expense of the homeowners has CITY COUNCIL MEETING July 20,2004 Page 9 been part of that thought process. He said in April, he was asked if there would be an assessment if the referendum were approved and he spoke to Lambert about it and responded that it may be difficult to do that. Dietz said that is as close to the issue as it went. Murphy said he was the one who asked the question and he understood that if the referendum were approved,the trail system would go through based on the money from the referendum.Dietz said the project was ordered for a feasibility study with the idea that this would be a special assessment in November, 2003 and because of Murphy's question, it was talked about internally and if the money did come from the referendum it was possible that they may not plan to specially assess. Murphy said it looks to him like trees planted close to the path are going to be gone and asked how many trees will be pulled up for the 8-foot path. He mentioned that there is an existing trail between Duck Lake Trail and South Shore Lane West,proposed to be removed and not reconstructed and asked Dietz to show the location of that trail. Dietz said there was a trail segment that existed at one time,but adjacent neighbors took it out and it has been gone for a number of years. He said the problem is that the 1991 Wetland Conservation Act is in place and the only way to build that trail is to fill wetland and mitigate for it or take additional property from an adjacent owner. Murphy said he thinks a sidewalk on Valley View is a great idea and is in favor of a sidewalk, if necessary, on Tartan Curve. Holly Rakocy, 7250 Green Ridge Drive, said she does not live on a pond or a trail. She said sometimes we lose sight that we are part of a community and it saddens her to hear that some feel that their own lives and yards are more important than the health of the community. She said the health of the water in the Purgatory Creek system is at stake and the safety of the community is at stake. She said the City has so many cul-de-sacs and it is very difficult to drive,much less to walk or bike. She commended Dietz, Lambert and Fox for their work and thanked them for the feasibility study. He said diabetes and heart disease are on the upclimb and we need to encourage people to get out into the fresh air and sustain the community. She said the ponds cannot be used as dumping grounds and she wants to see the trails upgraded and see this go through. John Conley, 7105 Quail Circle, said he loves the trail systems and is an avid runner/biker/walker. He said he applauds efforts on this issue. He said as he looks at Valley View from Quail Circle,he sees one of the trails proposed for improvements and has not seen 10 people on the trail in 16 years. He said this trail, he believes, is rarely used and questions the need for that trail. He said the area is served well by trail systems along Valley View Road and Dell Road. He said he is also concerned about trails so close to back yards and causing dogs to bark. He asked Council to check that trail to see if it serves the area well. Rochelle Ragsdale, 18950 Pheasant Circle, said it is hard for her to get to anywhere, like Dell Road,without the trail that cuts through,just north of the 724F trail. She said she has a toddler that likes to go to the park and it is very difficult to get there any other way. She said she uses the trail all the time in spite of its condition and it is a safe way for her to get to the park. She said others use the trail as well. CITY COUNCIL MEETING July 20,2004 Page 10 Ragsdale said her property is numbered 187 and she has less than 1 foot of grade between the bottom of her foundation and the top of the pond. She said the pond was previously up a foot onto the house because drainage for the pond was filled in with grass clippings,branches and other things so it is important to her that the ponds be dredged, cleaned out and taken care of. She agreed that sidewalks would be as helpful as trails in other areas. Bev Cronk, 18895 Pheasant Circle, said her street is very busy all day with people accessing paths. She said her children played on paths when they were young and children today should be able to have those places to play also. She said homeowners wanted the City to take over the trails area because of liability and that has been done. She said an access on Tartan Curve was never given a path and the weeds there are 6-7 feet tall between houses and she would like the City to clean that up. She said some owners there have cut down cattails and someone put a fire pit in. She said anyone who bought a home on Tartan Curve,the path was there but right now it is very dangerous. Cronk said she is in favor of the project. Mosman asked if the section of path Cronk is referring to is in the middle of Tartan Curve, across from Partridge. Cronk said yes, it is City owned and a path was supposed to go there down to the path behind. Barb Farrell, 7278 Tartan Curve, said she is in favor of restoring the trails. She said she walked all of the trails until they deteriorated or were taken out by neighbors. She said neighbors thought that by deeding the outlots to the City, the trails would be restored. She said if the trails are abandoned, she is not sure if she is losing a property interest she thought she had when she paid for her house. She said she would appreciate restoring the leg connecting Dell to Pheasant Circle. Jim Wagner, 7095 Quail Circle, 25-year resident, stated opposition to the project. He said the paths deteriorated quickly and were not maintained by the association and he has not seen much activity on the trails. He asked how critical the trails to the maintenance of the ponds. Dietz said once we move ahead with this and get the ponds cleaned out,he does not expect to see maintenance activity in the area for a long time. Wagner said maybe it needs to be reviewed more closely to see if it's in the best interest of the community and the neighborhood to maintain and develop trails. Dave Hackman, 18212 Valley View Road,property 37, said he has lived there since 1978 and used the trails a lot before children and when his children were young. He said by using the paths,he got to know all neighbors living by him. He said it contributed to a sense of community. He said the condition of the paths is part of why he has not used the paths recently. Hackman said where his property and property 38 come together, it is dangerous now for anybody to try to walk or negotiate a bicycle.He said if the paths were in good condition,he and other people would be using them again.He said he hasn't had problems with vandalism and he would like to see the paths and ponds improved. Leslie King, 18860 Pheasant Circle, said the path is a very convenient way for her and her grandson to get to the park and if it weren't there, she'd have to walk six blocks on CITY COUNCIL MEETING July 20, 2004 Page 11 the street with no sidewalk. She said the drainage system behind her house, opposite her back yard,has been affected by neighbors dumping grass clippings,trees and construction type garbage. She asked if everything would be cleaned out of the back area if this is approved. She said if we don't replace the trail,what becomes of the land that still belongs to the city? She said the path is a good thing and families with younger children appreciate the ability to get around without having to go along streets. John Bickel, 7254 Tartan Curve, said most of the shade trees have been built up along the creek and trail. He said he is concerned about the loss of shade trees. He said his neighbors around him have contributed their own money to clean up duckweed in the pond. Darlene Wallen, 18860 Deer Field Trail, said she is concerned about the education of the neighbors that will happen after the project passes. She said what can and cannot be done regarding the maintenance. She said she is a big proponent of the paths being done and the ponds being dredged. Emmett Johnson, 7240 Tartan Curve, stated concern about safety and the strip of land that for over 20 years has been overgrown and is an eyesore. He said he would like to make a plea for something to be done with the overgrown area. MOTION: Case moved, seconded by Young,to close the public hearing. Motion carried 4-0. Case asked Dietz what makes special assessments befitting here and maybe not elsewhere or are we talking about a precedent that as we rebuild our system in the next 30 years that this is the tool that we will be using. Dietz said the association and the responsibility of the people who intended to have this trail doesn't create a reason to do a special assessment but it helps to rationalize it. He said staff viewed this and went into it believing that there was an obligation that was intended to be against these 258 properties to maintain these parcels and maintain the trail system. He said it didn't work, so staff rationalized that if homeowners would at least bring them to City standard, then ongoing perpetual maintenance by the City would be a reasonable exchange in this process. Dietz said there is clearly precedence in other cities to specially assess sidewalks, so it's possible to do that. Case said someday if the Preserve came to us and requested the City take it over and if the trails were in inferior shape,we might consider the same vehicle to do that and then maintain as we do every other trail system. Dietz said that would be a reasonable expectation. Case asked about the shade trees along the corridor. He asked if the City could go in as gently as possible and not impact the trees to the extent that residents have feared. Dietz said yes, he does. He said he and Stu Fox walked the property last Friday and there is one cottonwood tree that will be a problem,but for the most part they did not see a lot of conflicts with trees.He said every effort would be made to keep screening to the back yards. Dietz said some of the volunteer trees in the ditch sections between ponds may need to come out to allow proper drainage between ponds. CITY COUNCIL MEETING July 20,2004 Page 12 Case asked about the eyesore outlot. Dietz said he was made aware of it at the neighborhood meeting and has not had a chance to discuss it with Lambert. He said he did hear if the City cleans it up,neighbors may commit to maintaining it which brings up the idea of what people are going to be allowed on City property which would be a change in policy for other City owned property. Case asked about the possibility of a sidewalk along Valley View. Dietz said the long range plan is that there will be a trail on one side and sidewalk on the other that will take you the entire length of the community. He said it is a good idea and for the most part, this issue is better raised at the time that Highway 101 gets approved. Mosman asked about regulations and education on fertilizers. She said there are new regulations on phosphorus fertilizers and there is also education that Leslie Stovring is coordinating. Dietz said that is correct and there needs to be more phosphorus-free available. He said Stovring has a plan to target the Round Lake watershed and try to do educational materials. Mosman asked what cost and easements would be necessary for a sidewalk on Tartan Curve. She asked why we are looking at putting a pathway system rather than a sidewalk on Tartan Curve. Dietz said even though someone said they would prefer that, he believes it would be 9-1 against anyone wanting a sidewalk in their front yard because of past experience and lack of consensus among neighbors in other similar neighborhoods. He said he would guess that a sidewalk on Tartan Curve on one side would probably cost five times as much as the trail in the back yards. MOTION: Case moved, seconded by Mosman, to adopt the resolution ordering Hidden Ponds Trail and Pond Improvements. Case said the Council values people's perspectives and ultimately the Council tries to make decisions based on the perceived good of all. He said this is a pre-existing trail and we should be cautious about removing the trail. He said he doesn't think it's a usage issue, it's a question of accessibility and having the trails available to everyone. He said he is concerned about the funding part of it and creating a precedent. He said is concerned about why the assessment process was being used for this and he is comfortable with it. Case said the ponding piece is important also. Young said the biggest factor in making this decision is the implications of this decision on the trail system. He said a lot of work needs to be done and he would worry what would happen if we were to vote against this proposal. Tyra-Lukens stated that trails are a priority of the residents of Eden Prairie and she has heard from those who moved here that they were attracted by the trail system. She said she does not think it is something we should abandon. Mosman said she understands concerns about people who are concerned about trails in their back yards. She said people end up either doing fencing or landscaping for more privacy or open up their yard areas and those who use the trails need to be sensitive to the property owners. CITY COUNCIL MEETING July 20,2004 Page 13 Tyra-Lukens asked Case if his intent was to vote on the proposal as originally presented or with the elimination of the trail along Valley View Road. Case said it was with the elimination of the trail along Valley View Road. Mosman agreed. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young,to approve the Payment of Claims. The motion was approved on a roll call vote with Case,Young and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 20-2004 AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS City Manager Scott Neal stated normally the custom would be to place this on the consent agenda and because this ordinance has impact on the Council and there was indication for comments, it was placed on the open part of the agenda. He said after the first reading was made, staff looked at the Mayor's salary increase and a change was made to the amount of the Mayor's salary increase. The amount was rounded up to $825.00 from$808.33 per month. The first reading of this Ordinance was approved at the July 6th Council meeting. Young commented that he didn't think it was necessary so he voted against it. Case said it is very important if Council is perceived as doing something for personal benefit. He said he believes people who are involved in service generally find it difficult to raise their own salaries. He pointed out that salaries were last raised in 1992 and we are really not raising salaries for ourselves, we are raising them for the position and for future Councils. He said it is a value statement that asks what value we place on the people who serve us. He said the time commitment is at about 5-10 hours a week and we show value that we place on a job by the level of compensation. He said he is comfortable with compensating for the future of people in these positions, serving the people of Eden Prairie. MOTION: Mosman moved, seconded by Case, to approve the Second Reading of an Ordinance amending City Code Section 2.05 relating to salaries of the Mayor and Council Members. Motion carried 3-1 with Councilmember Young opposed. XII. PETITIONS,REOUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MEETING July 20,2004 Page 14 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Review of Referendum Survey Lambert said he has provided Council with a copy of a draft follow-up study survey of what is proposed over the next 3-4 weeks if approved tonight. He said a random sample survey would be done from people who voted in the referendum and the goal of the survey is to find out why people voted yes or no and what whey would support in the future,what would need changing, circumstances that might change the outcome of a referendum in the fixture. He said the Council should know, as the result of this survey,what items can be put on a referendum and what things would need to happen to make those pass in a referendum. Lambert introduced John Chambers and Dave Bender from Market Line Research and Rob Barrett,Parks and Natural Resources Commission Chair. Lambert said he presented this to the Parks Commission last night and got a fairly strong reaction that they had a lot of questions about the questions and the necessity of the questions. He said the commission would like to see the survey scaled down to a much shorter survey. He said they asked that Council continue this item to the August 3 Council meeting and in the meantime, the commission appointed a 4-member adhoc committee to meet with the members of Market Line Research this Thursday at noon to go over the survey to come up with something that would be more scaled down but still arrive at the same information. Lambert asked how Council would like to proceed. Tyra-Lukens said she had concerns about how some of the questions were asked. She said in a question on page 196,the statements about the City of Eden Prairie, she does not think the City and its capitol city should have two referendums in the same year. She said we aren't—the school district is having one and the city is having another—and it sounds like both are the same entity with two referendums. She said she thinks Statement O is an extremely leading statement because there has not been a large increase of property taxes over the last four years. She said she's not sure why we're asking demographic questions and also asked who is being surveyed. Neal said it would be a good idea for the Council to concur and go into a survey instrument like this with the same goals and objectives as the Parks Board and he thinks it would be a good idea to send a couple members of the Council to the same adhoc group. Case said he is concerned that the Parks and Recreation board members may not have the same concerns as Councilmembers and suggested an equal number of Parks members represent their Board and be able to comment. Case said it would be fine to have other Parks &Recreation members there as advisors. Tyra-Lukens and Case agreed to attend the meeting. CITY COUNCIL MEETING July 20,2004 Page 15 MOTION: Case moved, seconded by Mosman, to continue this item to the August 2, 2004 Council Meetng. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Technical Services Agreement for Hidden Pond Trail and Pond Improvements,I.C. 03-5606 The feasibility hearing for the Trail and Pond Improvements in the Hidden Ponds neighborhood is scheduled for July 20,2004. If Council has ordered the improvements at the conclusion of the hearing, it is necessary and appropriate to approve the contract for professional services to prepare the final plans and construction administration services to allow the project to proceed in accordance with the proposed schedule. Dietz said this item was left off the Consent Calendar pending the decision on Hidden Ponds Trail improvements, and it is recommended to hire HTPO to perform the design, construction and administration services for that project. MOTION: Case moved, seconded by Mosman,to approve Professional Services Agreement with HTPO, Inc. for final design and construction administration services for Hidden Ponds Trail and Pond Improvements at an estimated cost of $53,500.00. Motion carried 4-0. 2. Award Bid for Columbine Road Improvements (Resolution No. 2004-117), I.C. 52-130 The project consists of the northerly 2000 feet of Columbine Road and intersection improvements at Prairie Center. The Northwest Asphalt, Inc. bid of $1,957,051.05 is below the feasibility report construction estimate of $2,232,000. The completion of Columbine Road between Fountain Place and Prairie Center Drive is a project identified in the City's Transportation Plan first adopted in 1996. The acquisition of title to a tax forfeit land parcel has provided the major right-of-way element needed for the project. Construction plans were approved June 1, 2004. Dietz said this item was held off the Consent Calendar because of uncertainty of the Fountain Place project,but there is now a signed purchase agreement and a signed developer's agreement so staff is recommending awarding the project to Northwest Asphalt. MOTION: Mosman moved, seconded by Young, to adopt the resolution accepting the bid of Northwest Asphalt, Inc. for Columbine Road Improvements. Motion carried 4-0. F. REPORT OF POLICE CHIEF CITY COUNCIL MEETING July 20,2004 Page 16 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 9:35 p.m.