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City Council - 08/17/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 17,2004 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. Parks &Recreation Director Bob Lambert was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Case added an item. Mosman added an item on Flying Cloud Airport and Tyra-Lukens added an item regarding the Eden Prairie Reads Program. Under Report of City Manager,Neal added an item regarding a prospective councilmember seminar to be held next week. MOTION: Case moved, seconded by Young to approve the agenda as published and amended. Motion carried 5-0. V. CENTERPOINT/MINNEGASCO PRESENTATION Neal introduced Connie Hargest, a Centerpoint/Minnegasco representative. He reported that the City has a program called Heartsafe Eden Prairie, coordinated through the Fire Department in partnership with the school district. He said the goal of the program is to increase the availability of automatic external defibulators in public buildings. He said the City has been awarded a Centerpoint/Minnegasco Community Partnership Program grant in the amount of $2,500 for its AED/Heartstafe program. Hargest presented a check for$2,500 to Fire Chief George Esbensen. Tyra-Lukens thanked Hargest for the substantial contribution to the program. Esbensen thanked Centerpoint/ Minnegasto and said the check represents the final amount needed for the$60,000 program. CITY COUNCIL A10 UTES August 17,2004 Page 2 VI. DISTINGUISHED BUDGET PRESENTATION AWARD Tyra-Lukens announced that the Government Finance Officers Association's Distinguished Budget Presentation Award recognizes exemplary budget documentation by state and local governments, as well as public universities and colleges. She said program participants submit copies of their operating budgets for review and each budget document is evaluated using a comprehensive evaluation checklist and those judged proficient receive the award. She said this is Eden Prairie's seventh year in a row receiving this award, and thanked all staff, particularly Finance Director Sue Kochevar. Tyra-Lukens reported that tonight's meeting is the first time staff and councilmembers are using City- provided laptops during the meeting and it could cause short delays as users get used to finding documents on the laptops. She said the laptops are a result of a study to see if using paperless packets is a wise decision and it was discovered that money would be saved on collating and paper costs. VII. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 3,2004 MOTION: Mosman moved, seconded by Butcher to approve the minutes of the City Council meeting held Tuesday, August 3,2004. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard Homes. 2nd Reading for Planned Unit Development District Review and Zoning District Amendment in the RM6.5 District on 6.74 acres and Site Plan Review on 6.74 acres. Location Rolling Hills Road and Prairie Lakes Drive. (Ordinance No. 23-2004-PUD- 13-2004 for PUD District Review and Zoning Amendment, Resolution No. 2004- 120 for Site Plan Change) C. EDENVALE HIGHLANDS by BC Development, LLC. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 10.62 acres. Location: East terminus of Alpine Trail, south of the Twin Cities and Western Railroad. (Ordinance No. 24-2004 for Zoning District Change) D. ADOPT RESOLUTION NO. 2004-121 APPROVING FINAL PLAT OF HARTFORD COMMONS 2" ADDITION E. ADOPT RESOLUTION 2004-122 APPROVING FINAL PLAT OF EDENVALE HIGHLANDS F. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACEMENT OF FILL AT 6891 BEACH ROAD CITY COUNCIL MINUTES August 17, 2004 Page 3 G. PATTERSON PROPERTY by Dave Patterson. Request for Approval of Development Agreement. Location: 15340 Sunrise Circle West. H. ADOPT RESOLUTION NO. 2004-123 APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENT,I.C. 03-5606 I. AWARD CONTRACT FOR AERIAL TRUCK EQUIPMENT REPLACEMENT J. APPROVE AGREEMENT WITH AVI SYSTEMS FOR NEW CAMERAS AND MICROPHONES FOR THE COUNCIL CHAMBER K ADOPT RESOLUTION NO. 2004-124 AMENDING RESOLUTION NO. 2003- 172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES L. DESIGNATION OF EDEN PRAIRIE AS WAFTA LEAD AGENCY AND APPROVE SUBMITTAL OF FEDERAL EDA GRANT APPLICATION M. APPROVE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MAINTENANCE AND MONITORING OF SMITH DOUGLAS MORE HOUSE RAINWATER GARDEN,I.C. 03-5595 N. APPROVE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF AUTOMATION AND CONTROL SYSTEMS FOR THE WATER UTILITY O. APPROVE PURCHASE OF THREE NEW TOP MOUNT RESCUE PUMPERS FROM E-ONE MANUFACTURING P. APPROVE LICENSE AGREEMENT FOR REAL LIFE COOPERATIVE GARDEN PLOTS ON CITY PROPERTY MOTION: Young moved, seconded by Case, to approve Items A-P of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS City Manager Scott Neal reported that official notice of this public hearing was published in the August 5, 2004,Eden Prairie Sun Current. He said FEMA(Federal Emergency Management Agency)is requiring all Cities to adopt new flood plain maps and modifications to existing flood plain regulations. The Community Planning Board voted 5-0 to recommend approval of the code change at the July 12,2004, meeting. Neal said the new regulations and the existing regulations are similar for reviewing and CITY COUNCIL MINUTES August 17,2004 Page 4 obtaining permits for fill in the flood plain and the new ordinance includes the following: • New or amended definitions • Clarification of reasons for granting variances and non conformities • Notification requirements to the DNR and FEMA • Adopting,by reference,new flood plain maps Neal said the floodplain is in the same location on the new maps. He said the new maps show most of the City streets,which make it easier to determine if a lot is in the flood plain and the City needs to adopt the new regulations and maps in order for residents and businesses to be eligible for flood insurance. He said the second reading is scheduled under Petitions and Requests. There were no public comments. MOTION: Case moved, seconded by Mosman, to close the Public Hearing and approve lst Reading of the Ordinance amending City Code Section 11.45 regarding Floodplain Regulations. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENT IN HILLCREST COURT SECOND ADDITION,VACATION 04-08 (Resolution No. 2004-125) City Manager Scott Neal said official notice of this public hearing was published in the July 23, 2004,Eden Prairie Sun Current and sent to one property owner. He said the property owner has requested this vacation to accommodate the construction of a deck which will encroach into the easement area. He said the Community Planning Board has authorized the issuance of a variance (2004-09) allowing encroachment into the setback area and the owner has applied for a Building Permit. There were no public comments. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt the resolution vacating the drainage and utility easement over part of Lot 15, Block 4, Hillcrest Courts Second Addition. Motion carried 5-0. 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 Butcher, Case,Mosman,Young and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE NO. 25-2004 AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS AND ADOPT RESOLUTION NO. 2004-126 APPROVING SUMMARY ORDINANCE CITY COUNCIL MINUTES August 17,2004 Page 5 City Manager Scott Neal said this is the second reading of the ordinance that had its public hearing minutes ago. He said this is the adoption of the summary ordinance and new floodplain regulations and a majority vote is needed. MOTION: Young moved, seconded by Mosman, to approve 2°d Reading of the Floodplain Ordinance; and adopt Resolution approving the Ordinance Summary. Motion carried 5-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disc Golf—Councilmember Case Case asked if staff could explore whether or not there are plans to expand the disc golf course at Staring Park or if there are plans to construct a course anywhere else. Butcher said there are two disc golf courses at Bryant Lake Park and another one on Shady Oak Road. Neal said staff will address the question. 2. Flying Cloud Airport—Councimember Mosman Mosman reported that the Flying Cloud Airport issue was resolved by the council. She said an agreement was reached and the final EIS comment period ended today. She said the agreement has weight-bearing restrictions, limits nighttime maintenance and keeps the general recreational character of the airport. She said she wanted to notify citizens of where we are at this point, what was responded to and what can be responded to and if there are any other concerns. She said Senior Planner Scott Kipp is here to provide comments and she also asked Rosow to reiterate where we are at this point. Rosow said through a long process, an agreement was reached with Metropolitan Airports Commission. He said there was a Memorandum of Understanding that led to a final agreement with respect to the expansion of the airport, and in return for a number of items the City agreed to drop its opposition to the expansion of the airport. He said in doing that, the City reserved the right to continue to comment on the draft EIS and final EIS with respect to matters of environmental concerns and that is the gist of what Kipp will speak about. CITY COUNCIL MINUTES August 17,2004 Page 6 Rosow said the City also reached agreement with the MAC on another memorandum of understanding with respect to certain infrastructure improvements in the southwest area next to the airport. Tyra-Lukens asked if the letter, dated August 16, 2004 from City Manager Scott Neal to Bridget Rief of MAC,was faxed to MAC. Neal said it was hand delivered yesterday. Neal said staff did not have a chance to bring this document to the Council for approval until today because comments were due today, and it is being brought to this meeting for discussion and to see if the council is in support of it. Case asked Rosow to comment on what it means now for the council to respond to the EIS and if MAC has to react to the comments. Rosow said there are many people commenting on the final EIS and the comments would be reviewed to decide if any would require a substantive change in the EIS. He said in this letter,we are reiterating items that were raised before that we believe were not fully addressed. He said without opposing the expansion,the City could still pursue, through the administrative process, adequate addressing of its environmental concerns. Case asked if we are free to express grave concern that circumstances appear to the greatly altered from what we were led to believe at the time was the necessity of expanding this airport. Rosow said he thinks you can fairly state that comment, and as a city you have committed that you will not through actions or inactions actively oppose the expansion. He said as a City Council you will not take action to do that and you will not direct staff, directly or indirectly,to take action to oppose the expansion. He said the City specifically reserved in that agreement, the right of individuals to express their own opinions, so each Councihnember as a citizen of the community has the right to express their opinion and take action on that opinion. Rosow said likewise any staff member on his or her own time can do the same. Kipp stated that his comments are strictly on the environmental aspects of the EIS process. He said a letter with the original set of comments was sent in February of 2000 and covered the myriad of issues beyond just environmental issues and that letter was incorporated into the final EIS with various changes to the EIS as a result of that letter and all letters that have been received since the draft EIS went out. He said all that information will continue to move on to Washington for their review as part of any record of decision. Kipp said basically comments focus on air quality. He said there were concerns about the location of the CO receptors and it is believed that one of the receptors should be located at the approach end of runway 9 right where the majority of takeoffs and landings occur. CITY COUNCIL MINUTES August 17,2004 Page 7 Kipp said another point is on operational forecast and runway use because the original EIS had a number of operations proposed on the south runway and it struck the city as odd that everybody would go to the south runway so it was raised as an issue. He said the U.S. Fish and Wildlife raised the issue of overflights of the refuge. He said as the result of that, the supplemental draft came out with a shift in runway use patterns and number of operations. Kipp said in looking at that supplement and the final draft EIS, it is felt that MAC does not provide the factual data that substantiates those changes. Kipp said throughout the various documents, different noise models have been used. He said there are different versions of the Integrated Noise Model and the final EIS needs to explain the difference between versions and why different versions were used. He said the final EIS does not include the use of a 20-foot berm to screen the proposed new hangar area. He said MAC indicated that it was no longer in the plan and this is a big concern. He said it could've been an oversight,but there needs to be clarification on that and if it is indeed coming out, it needs to be put back in. Kipp said there is also concern about the shifting 1200 feet of the approach lighting system. He said the city asked for grading profiles to determine the impact of this shift on the wooded hillside to the west of Spring Road. He said MAC indicated there would be no visual impact but as a result of the supplemental draft and final draft EIS it does show that the top 20 feet of that is coming down to allow lights to go up to that point. Kipp said there is concern about the spill of the strobe lights during inclement weather. He said MAC should take a closer look at the 38 septic systems and determine whether they failed and if sewer needs to be brought in right away or if it can wait a year. He said the existing systems need to be looked at now to determine whether it will need to take place sooner because it will take a two-year period for users to connect to the system. Kipp said there is also a question on number of underground storage tanks removed. He said records indicate 31 removed,but Table U-8 of the final EIS lists all 36 removed. Kipp said after this comment period ends today, any substantive comments would be added into the EIS and they may respond to them in the EIS. He said then the document will go to the EQB for determination whether or not it's adequate,then to the FAA for review and determination of whether or not it's environmentally sound and it's something that should go forward. Kipp said the review process could take up to six months. He said MAC's capital improvement plan following this EIS process has shown the airport expansion beginning in 2005 and going into 2006. CITY COUNCIL MINUTES August 17, 2004 Page 8 Tyra-Lukens said she was stunned that in solid and hazardous waste areas, septic systems were merely identified and there was no analysis. Kipp said the RGU has the authority to review the impacts as they see fit and it's the regulatory government unit, in this case MAC, to decide whether or not they've adequately covered it. He said that is the specific reason that residents of the city asks that MAC allow the Environmental Quality Board to determine adequacy. Case asked if sewer and water runs into the airport,will owners of septic systems be mandated to hook up to city sewer and water. Kipp said as part of that hookup,they will be required through their pollution control plan to abandon and properly seal septic systems and wells. Kipp said part of the sewer and water issue is that MAC is also planning to create plane wash areas. Mosman asked how many acres are encompassed on the airport property and is there more land still needed for the expansion. She also asked what types of planes will be allowed to use the expanded airport. Kipp said acreage prior to the beginning of the project was approximately 560 acres, and with the expansion 720-740 acres. He said MAC has acquired the majority of the property they said they would acquire,but there is approximately 12 acres on the west side of the airport that is privately owned. Kipp said one of the advantages to having that amount of acreage is that noise will fall on open grounds and the airport will meet the state runway safety zone criteria. Kipp said there will still be corporate aviation planes and small planes with private pilots. He said as part of the agreement, Ordinance 97 permits aircraft under 60,000 pounds certified maximum takeoff weight. He said it also prohibits nighttime maintenance runups. He said as part of the final agreement, there is a runway weight bearing capacity limit of 60,000 pounds. He said they will also not ask for any part 139 certificate needed for air carrier operations such as terminals and fire fighting services used for scheduled passenger service. Kipp said based on commitments within that agreement, they have also indicated that major air cargo operations would not use Flying Cloud Airport. Kipp said there has been change in FAA rules to allow corporations to share the ownership of an aircraft and there is a large increase in number of aircraft sales because of that. He said that factors into the total number of aircraft coming to the airport with the expansion and based on the forecast. He said the FAA also looks at the economic condition and timing of infrastructure improvements. Case asked Neal to share comments about a meeting he had with NATA lobbyists.Neal said he was invited to attend the meeting at the Chamber of Commerce for a presentation and discussion with a representative from the National Air Transportation Association. He said the purpose of the meeting was to give information to chamber members about the importance and economic value of the airport from the point of view of the association. He said CITY COUNCIL MINUTES August 17,2004 Page 9 during the meeting he was asked if he thought the city council could advocate for the development of the airport along with the chamber.Neal said he responded it was very unlikely given the city's recent agreement with MAC. Case said as a council, it was agreed to not contest the expansion in exchange for what the council felt were certain guarantees of some sense of quality of life for citizens. He said no one should mistake the council's consent not to contest with support today for that expansion. He said personally,he would prefer that the airport not to be there and certainly not to expand. He said he does not want to have the city in any way be perceived as going to MAC to encourage them to expand because that was not the intent when the council simply agreed not to contest the expansion. Mosman said she agreed with case and the council's job has been to protect the best interest of the residents with respect to restrictions. She asked if the FAA might consider lifting restrictions and allow more than is allowable on a runway. Kipp said he has not heard anything more. He said the FAA proposal to amend the policy that allows airports that have runway weight bearing or noise abatement limitations on aircraft to allow heavier aircraft to land on runways with a capacity limitation. He said in the EIS,MAC is indicating that the FAA is in support of the proposal of the final agreement with the City of Eden Prairie, and we will see if there is any change in that direction when the proposal goes to the FAA. He said Rosow might be able to talk more about the policy and its implications. Rosow said the city's agreement with MAC calls for a specific weight limit and he would expect MAC to abide by that agreement and vigorously defend that agreement and enforce it as it was written. Young commented that the whole issue at the airport is more complicated than much of the discussion in this community and at least at the council level or the press or interest groups. He said there are complications to having an airport in a community and he feels the council is falling prey to some of the rhetoric that he has heard over the years. He said it is a complicated issue that does not lend itself to some of the very broad generalizations about the drawbacks of having an airport. Case said the idea that a ten-fold increase in jet traffic is in some way not impacting the quality of life is absurd. He said he feels that what the council is hearing from some members of the chamber who are really airport businesses is there is a financial component that is benefit to the city, and he does not think that financial component ever will mitigate negative impacts of a higher use of that airport. Case said we have agreed to not to contest that it can expand and that higher use could occur,but we should not be on the side of lobbying for that expansion. Case said he will not lobby for something that will have a negative impact on most of the residents' quality of life in the city. CITY COUNCIL MINUTES August 17,2004 Page 10 Butcher said she agrees the issue is complex and historically the city has taken the position of not supporting an expansion no matter what the composition of the council is. She said there are many different perspectives on this and the business community does believe there is value to it and it is not going away. She said she believes this is the issue that has taken more discussion time on the council than she has ever seen,but the council is trying to get the best possible solution to knowing the airport will always be there and trying to protect the residents there. She said the council has always believed the airport needs to be upgraded in terms of the aesthetic appeal in that part of Eden Prairie. 3. Community Read Program—Mayor Tyra-Lukens Tyra-Lukens reported that the community is undergoing a Community Read Program where the Council selects one book for the community to read with the hopes that by drawing attention to the book it would stimulate community discussion and a sense of community togetherness and collaboration and encourage reading. She said the first book is Neither Wolf Nor Dog and gave copies to Councilmembers. Tyra-Lukens said the author will be coming to Eden Prairie to discuss the book Monday, October 25 at 7 p.m. at St. Andrew's Church. She said the goal is to have 3,000 community members read the book. 4. Council Candidate Information Session—City Manager Scott Neal Neal reported on an event that he and department directors will be hosting next week. He said on Wednesday, August 25 at 5 p.m. in the council chambers there will be a brief informational session for prospective City Councilmembers. He said citizens interested in serving on the Council can learn about some of the things they may be facing which may help them decide if they want to go forward.Neal said there will be an additional meeting for those who actually file,but the intent of this is to catch those interested early in the filing period to acquaint them with what they might be facing. Tyra-Lukens said she thinks the work with the laptops has gone pretty well and she appreciates that this was a pretty simple meeting. She said if people are interested in the cost saving aspects of this endeavor,they can go the the City Manager's web log,they can see how much paper and time has been saved as a result of using the laptops. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES August 17,2004 Page 11 F. REPORT OF POLICE CHIEF 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 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:00 p.m.