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City Council - 02/07/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 7, 2006 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Mike Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Carol Pelzel 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. The Mayor welcomed Boy Scout Troop 479 from the Eden Prairie Presbyterian Church. The Troop is working on their Citizenship Community Merit Badge and on behalf of the Council, she expressed her appreciation for their being in attendance and for wanting to learn about Eden Prairie government. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case asked that a report on the Federal Environmental Impact Statement regarding Flying Cloud Airport be added under Reports of Councilmembers. Neal asked that two items be added under Report of City Manager. The first item would be a report on the City's Commission solicitations and recruiting process and the second item would be an update on the upcoming Commission volunteer banquet. Motion: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2006 MOTION: Aho moved, seconded by Case, to approve as published, the minutes of the City Council Workshop held January 17, 2006. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17, 2006 CITY COUNCIL MINUTES February 7, 2006 Page 2 MOTION: Case moved, seconded by Butcher, to approve as published, the minutes of the City Council meeting held January 17, 2006. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2006-22 APPROVING FINAL PLAY OF BRYANT LAKE THIRD C. APPROVE SECOND READING OF ORDINANCE NO. 2-2006 AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTRATION, TREE PRESERVATION AND STORMWATER MANAGEMENT AND ADOPT RESOLUTION NO. 2006-23 APPROVING SUMARY ORDINANCE D. APPROVE CHANGE ORDER NO. 1 FOR MITCHELL ROAD & TECHNOLOGY DRIVE IMPROVEMENTS, I.C. 00-5508 E. APPROVE 2005 BUFFER ZONE PROTECTION PROGRAM GRANT CONTRACT F. APPROVE SOFTWARE LICENSE AGREEMENT WITH VIRCHOW KRAUSE FOR PURCHASE AND IMPLEMENTATION OF AN ENTERPRISE DOCUMENT MANAGEMENT SYSTEM G. APPROVE AGREEMENT TO LIMIT INDEMNIFICATION WITH SOUTHWEST METRO TRANSIT COMMISSION AND APPROVE FIRST AMENDMENT TO THE THIRD RESTATED JOINT POWERS AGREEMENT H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO FARGO ELECRONICS FOR EXPANSION OF EXISTING PARKING FACILITIES I. APPOINT JEFF CORDES ASSISTANT WEED INSPECTOR J. AWARD CONTRACT FOR REMOVAL OF STORMWATER SEDIMENT FROM RED ROCK LAKE, I.C. 05-5665 K. ADOPT RESOLUTION NO. 2006-24 APPOINTING WHALHT AS ADMINISTRATOR OF REGULATORY AGREEMENTS BETWEEN THE CITY OF EDEN PRAIRIE AND RYLAND GROUP, INC., REGARDING AFFORDABLE HOUSING UNITS WITHIN HENNEPIN VILLAGE City Attorney Rosow explained with regard to Item No. VLF. there have been minor changes to the Software License Agreement with Virchow Krause that are legal in nature. Some provisions were removed and standard municipal provisions were added. Rosow wanted the Council to approve the Agreement as amended. CITY COUNCIL MINUTES February 7, 2006 Page 3 MOTION: Young moved, seconded by Aho, to approve Items A-K of the Consent Calendar. Motion carried, 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF CONSERVATION/SCENIC EASEMENT OVER PART OF LOT 21, BLOCK 1, STONEGATE OF EDEN PRAIRIE, VACATION 05-02 (Resolution No. 2006-25) City Manager Neal reported that official notice of this public hearing was published on January 19 in the Eden Prairie Sun Current and sent to four property owners. The property owner has requested the vacation of part of the Conservation/Scenic easement to allow better use of the property and to more closely conform to the natural terrain and wetland boundary. The easement was originally dedicated in conjunction with platting of the subdivision. Subsequent development and construction of a home on the lot revealed the easement boundary to be inconsistent with the existing wetland. Public Works Director Dietz explained that normally, the easements match up with what was originally anticipated during the platting process. However, in this case, the conservation easement was over a significant portion of the back part of a lot in this subdivision. When it came to using the lot and determining what the conservation easement was covering, it was determined that the easement was a significant part of the lot. It was also determined that the homeowner constructed some back yard amenities into that easement. Dietz indicated that the portion of the easement that is not necessary for the wetland should revert back to the property owner. Case asked if Staff anticipates any problems with giving back a portion of this easement to the property owner or if it would set any precedents. Dietz said it would not. From time to time there are easement situations like this one and the City may be requested to vacate an easement so that a homeowner can build a deck on it. If it is determined that that portion of the easement is no longer needed, it will be vacated. The actual final design in a subdivision is much more detailed and precise than that done during the approval process. Staff will deal with each instance as it comes up. MOTION: Butcher moved, seconded by Case, to close the public hearing and to adopt a resolution vacating the conservation/scenic easement over part of Lot 21, Block 1, Stonegate of Eden Prairie. Motion carried, 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5,ADDING SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING City Manager Neal reported that official notice of this public hearing was published in the January 19 Eden Prairie Sun Current. This ordinance will amend City Code Chapter 5 by adding a new Section 5.72 relating to Licensing of Rental Housing, and adopting by reference, City Code Chapter 1 and Section 9.99, which CITY COUNCIL MINUTES February 7, 2006 Page 4 contain penalty provisions. Neal explained that the purpose of the Ordinance is to protect the public health, safety, and welfare of citizens of the City that reside in rental dwellings through the adoption of licensing regulations and inspections. According to the 2000 census, 21.7 percent of Eden Prairie residents live in rental housing. Eden Prairie currently has in excess of 5,600 rental dwelling units. Twenty-five years is the age when buildings that are not adequately maintained begin to show signs of distress. Neal further explained that this proposed ordinance will require the annual licensure of rental residential dwellings with the City; cause rental dwelling units to be inspected once every four years, and require rental dwelling units to conform to Eden Prairie's Rental Housing Code. Neal said if approved, this ordinance would utilize a fee for service approach thereby balancing expenditures and revenues. The proposed fee would be $50 for the first unit and $11 for each additional unit. Mayor Tyra-Lukens said they have been looking at having an ordinance such as this for some time. Neighboring cities have ordinances of this type and she asked if Staff has consulted with these neighboring cities and their experiences with this type of ordinance. Kevin Schmieg, the City's Building Official, responded that the proposed ordinance has been modeled after those cities' ordinances. Aho asked what impact this ordinance would have on staffing in order to accomplish the necessary inspections. George Esbensen, Fire Chief, explained that the fees generated by the adoption of this ordinance would allow the City to hire an individual dedicated to the inspection process. One additional individual was budgeted in 2006 and 2007 dependent on adoption of the ordinance. Neal said there is some concern for placing a new financial burden on multi- family homeowners, however, this ordinance will give the property owners more control of what is going on in their properties. Schmieg explained that after three violations, the Council has the ability to remove a license on a specific unit. Case asked what happens to the renters if the license is revoked. He questioned what would happen if they have trouble getting the owners to mitigate the problem. Schmieg responded that there is a contract between the lesser and the lessee. In extreme cases, there are other organizations that could assist the renter. Case asked if the renter could bring violations to the City's attention. Schmieg explained that this ordinance would allow inspection of the various units and violations will be found rather than having the violations continue because renters do not want to call the City. This will eliminate inspections being made on properties on a complaint only basis. Basil Wissner, 8293 Mitchell Road, asked for the definition of rental housing and if that also included private homes as well as apartments. Schmieg said rental housing includes both. Charlie Houts, manager of an apartment building in Eden Prairie, said it is his understanding that apartment owners and managers in the City already have the rights and do many of the things this Council is talking about. Bloomington and Richfield have "mom and pop"buildings that are run and managed by people that are not in the business. Eden Prairie has 5,600 apartment units and most of those CITY COUNCIL MINUTES February 7, 2006 Page 5 are run and operated by large professional management companies. The owners of these larger properties will not allow their properties to become in disrepair. Houts said it sounds like the City wants inspections to be able to get in and look at the different apartments and he feels that this is something apartment owners and managers do already. They inspect each of their units yearly, not every four years. Houts asked if a rental license is revoked, is it the entire building's license or would it only affect a specific unit. Schmieg answered that the license would be revoked on a unit basis. Houts said his biggest concern is that it appears that the City is moving too quickly when this particular license is not yet needed. Many of the larger properties are not that old. This appears to be an additional tax on apartment buildings and only adds to the owner's expenses. They are looking at an additional $1,000 to have someone come in to tell them what they already know about their building. Aho asked if a license were revoked, what would the process be to have the license reinstated. Schmieg explained that whenever the defects are corrected or the people who caused the problem move out the license could be reissued. Schmieg further explained that a vast majority of the property managers are professional but there is a minority and those buildings that are over 25 years old are showing distress. The vast majority of properties are well maintained. This ordinance will take care of the people that take care of their properties and will make a level playing field for all of them. MOTION: Case moved, seconded by Young, to close the public hearing and to approve reading of the ordinance amending City Code Chapter 5 by adding new Section 5.72 entitled Licensing of Rental Housing. Motion carried, 5-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote, with Aho, Butcher, Case, Young and Tyra- Lukens voting "aye". X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Federal Environmental Impact Statement CITY COUNCIL MINUTES February 7, 2006 Page 6 Case said he has concerns with the Federal Environmental Impact Statement(FEIS) for Flying Cloud Airport and the fact that the FAA has yet to sign off on the agreement. He is concerned that the City has signed off the FEIS and it may become invalid. City Attorney Rosow explained that the final agreement is between the City and the Metropolitan Airports Commission (MAC). The City has received a commitment from MAC and the City has also made a commitment. Both entities agree and fully support and defend the agreement from challenges from any third party including the FAA. If the City finds that MAC is in violation of any obligations under the agreement, there is a dispute resolution process that requires that the City notify MAC of the violation. Either party can bring forth action specifically to enforce the agreement. There are tools built into the agreement to allow enforcement. Case asked if there is anything we can do to assist the FAA with the approval process. Rosow explained that during the interim period, the FAA has not told MAC to not comply with the agreement. If they do not comply, they can give them notice. The City Council has received an elaborate audit of the agreement and both parties are responsible for compliance. They will be revisiting those obligations from time to time with respect to the FAA. They have met with the FAA in Washington with respect to Stage II aircraft. Rosow indicated that the FAA is more concerned with global issues and with setting a precedent. He said he was not aware of anything they could do directly with the FAA. On a political level, they should keep in touch with their representatives in Washington and make them aware of their concerns with this issue. Case suggested that a letter be drafted to our Congressional delegation. Neal said this would also be a good subject to bring up if anyone is going to the National League of Cities. Bob Lambert, Parks & Recreation Director,reported that the Parks Commission expressed concern about the FAA not approving this agreement and the delay caused on expansion of Flying Cloud ball fields and development of Cedar Hills Neighborhood Park. The Parks Commission passed a motion to recommend that the City Council consider sending a letter to the City's U.S. Senators and Representatives to have them talk to the FAA asking them why the agreement has not been signed. Mayor Tyra-Luken said this request should be incorporated in the letter being drafted. B. REPORT OF CITY MANAGER 1. City Commission Recosnition Banquet Neal reported that the Commission's annual banquet recognizing City Commission volunteer members is scheduled for Wednesday, April 26. CITY COUNCIL MINUTES February 7, 2006 Page 7 2. Board and Commission Member Recruitment Neal explained that they are in the latter stages of Board and Commission member recruitment. There are two new Commissions for a total of 7 Commissions. There are 33 open positions throughout the various Commissions and they have received 7 commitments from people who are seeking reappointment, which leaves 26 open positions. As of February 7, they have received 16 applications. Neal said they have extended the recruitment deadline to February 17. Interviews are scheduled for February 28. 3. RFP Process for City Attorney Neal stated that Councilmember Young has encouraged staff to set an RFP date for the City Attorney process. Staff is currently working on an RFP for the Comprehensive Plan process and they are in the latter stages for banking services. They anticipate the City Attorney process to occur during the summer months beginning in June and ending in August. Neal indicated that he will be meeting with the City Manager from Edina who has gone through the same process they are looking at. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Architectural Services for Community Center Expansion Lambert explained that staff has received a proposal from Del Erickson, architect for the Community Center expansion, that addresses the City's request for proposal with a not to exceed cost for each of the three phases defined in the RFP for the Community Center expansion. Staff is recommending approval of the first phase of that project for$90,000 and once they get through the first phase they will ask the architect to look at Phases II and III to see if those numbers change. When doing a remodel, they are uncomfortable about guessing what the cost will be. After reviewing what is to be done in the first phase, they will have a more accurate cost estimate. MOTION: Case moved, seconded by Butcher, to approve the Phase I portion of the proposal from Delano Erickson Architects for a cost not to exceed $90,000. Motion carried, 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES February 7, 2006 Page 8 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:45 p.m.