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City Council - 04/18/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 18, 2006 7:00 PM, 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 Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. She reminded residents April 22 is Earth Day. Volunteers will clean parks and streets on Saturday morning. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ARBOR DAY—MAY 6, 2006 Tyra-Lukens read the proclamation. B. APRIL AS CHILD ABUSE PREVENTION MONTH Tyra-Lukens read the proclamation. C. FRIENDSHIP VENTURES PROJECT Ed Strakay of Friendship Ventures shared plans for improvements at Edenwood Center camp for children with disabilities. Over$600,000 in cash and in-kind gifts was raised. He invited the public to attend the groundbreaking May 3ra V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted revisions to Item VILQ., Friendship Ventures, and the addition of Croixwood Lane Storm sewer improvements to Director of Public Works report. CITY COUNCIL MINUTES April 18, 2006 Page 2 MOTION: Butcher moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL FORUM HELD TUESDAY, MARCH 21, 2006 MOTION: Aho moved, seconded by Young, to approve the Council Forum minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2006 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. C. COUNCIL RETREAT HELD SATURDAY,JANUARY 21, 2006 Case said Council had never determined what type of minutes to have for the Council retreat: abstract or full,published or merely available,recorded by a recorder or a stenographer. The "minutes" are more like notes. Rosow noted state law requires minutes for all meetings of Council. In recent years, the Council minutes have been much more extensive than is dictated by Roberts Rules of Order, which recommends a very short record of the motions and votes. It is a matter of preference how much detail to include. Case asked if the minutes could be shortened as he had over 50 errors to correct in their current form. Young agreed future minutes should not be this detailed,but noted the minutes are already a matter of public debate. It might be better to submit draft changes than to simply shorten and generalize them. Butcher said the real issue is that Council did not get a chance to approve the minutes before sections were printed in the paper, out of context. In the past the Council has usually had a stenographer. Since the minutes are already public, it might be best to just approve them. Aho agreed and said editing the minutes was unlikely to be productive. Tyra-Lukens objected that the minutes are inaccurate. She supported making an abstract. Rosow pointed out the current notes are a public document whether approved as the minutes or not. The draft minutes would not be superceded if an abstract is made. Butcher asked how Council could prevent a repeat of having unapproved minutes in the newspaper. Rosow said drafted minutes are available under the data practices act, unless they record a closed session. If the Council switches to more abbreviated minutes, it would also still be possible to access audio and video recordings to see who said what. Tyra-Lukens said the unstructured nature of a CITY COUNCIL MINUTES April 18, 2006 Page 3 retreat makes it hard to record accurately. Neal said the retreat process was similar to that used in prior years. Plans call for shortening minutes across the board. Tyra-Lukens suggested having Councilmembers submit changes for Staff to compile into revised minutes, and to also have Staff draft a pared down abstracted version for Council's review. MOTION: Aho moved, seconded by Young, to direct Staff to compile Councilmembers' corrections into revised minutes and to draft an abstract version of the minutes so Council could review the two documents side by side at its next meeting. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE ESTATES by T.H. Parker, Inc. Second reading of the Ordinance of the Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 6.47 acres. Location: South of 62nd St. W, west of Country Road, and north of Claycross Way (Ordinance No. 13-2006 for PUD-10-2006 District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2006-46 APPROVING FINAL PLAT FOR PRAIRIE ESTATES D. ADOPT RESOLUTION NO. 2006-47 APPROVING FINAL PLAT FOR STONEGATE OF EDEN PRAIRIE 3KD ADDITION E. ADOPT RESOLUTION NO. 2006-48 APPROVING FINAL PLAT FOR DOYLE ESTATES F. ADOPT RESOLUTION NO. 2006-49 APPROVING FINAL PLAT FOR HORIZON PLACE G. APPROVE CHANGE ORDER NO. 2 FOR TH212 AT PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT H. AWARD CONTRACT FOR 2006 BITUMINOUS CRACK SEALING I. ADOPT RESOLUTION NO. 2006-50 TO RECEIVE PETITION FOR HILLTOP ROAD J. RECEIVE FEASIBILITY REPORT AND ADOPT RESOLUTION NO. 2006-51 SETTING A PUBLIC HEARING FOR HILLTOP ROAD IMPROVEMENTS CITY COUNCIL MINUTES April 18, 2006 Page 4 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH S E H FOR THE SURVEY AND FINAL DESIGN SERVICES OF THE HILLTOP ROAD IMPROVEMENT PROJECT L. APPROVE CHANGE ORDER NO. 1 FOR CONSTRUCTION OF WELL NO. 15 M. APPROVE CHANGE ORDER NO. 1 FOR CONSTRUCTION OF WELL HOUSE NO. 15 N. APPROVE PROPOSAL TO PROVIDE AQUATIC PLANT SURVEYS FOR NORTHWEST AND SOUTHWEST ANDERSON LAKES O. APPROVE PROPOSAL TO COMPLETE PHASE I OF THE NONDEGRADATION REPORT BY WENCK & ASSOCIATES P. APPROVE CHANGE ORDER NO. 2 FOR IMPROVEMENTS TO MITCHELL ROAD & TECHNOLOGY DRIVE Q. ADOPT RESOLUTION NO. 2006-52 AUTHORIZING FRIENDSHIP VENTURES TO PROCEED WITH CONSTRUCTION PROJECT AT EDEN WOOD CENTER(GLEN LAKE CHILDREN'S CAMP) R. ADOPT RESOLUTION NO. 2006-53 CHANGING PRECINCT BOUNDARIES S. APPROVE REVISION TO THE ARTS AND CULTURE COMMISSION CHARTER STATEMENT T. ACCEPT 2005 GENERAL FUND FINANCIAL RESULTS U. AWARD BID FOR RECONSTRUCTION OF HOMEWARD HILLS ROAD TRAIL TO NORTHWEST ASPHALT, INC. V. AWARD BID FOR RECONSTRUCTION OF STARING LAKE PARK TRAILS TO NORTHWEST ASPHALT, INC. W. APPROVE REHABILITATION OF A BETTER CHANCE (ABC) SITE WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS X. ADOPT RESOLUTION NO. 2006-54 AMENDING FEE RESOLUTION NO. 2006-134 (2005-134??) RELATING TO RENTAL HOUSING LICENSURE FEES CITY COUNCIL MINUTES April 18, 2006 Page 5 Y. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS Z. AWARD CONTRACTS FOR LAWN MAINTENANCE AT CITY HALL AND FIRE STATION 1 AA. AWARD CONTRACTS FOR LAWN MAINTENANCE AT DEN ROAD, FIRE STATIONS 2 & 3 AND BUILDING 51 BB. APPROVE JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR TWO-FINGER IDENTIFICATION UNITS Tyra-Lukens pulled Item U, Homeward Hills trail improvements, for discussion. She asked Lambert to respond to residents' concerns about the wider trail eliminating the green space that creates a"boulevard" effect and bringing the trail too close to the street. Lambert said the trail is one of the few 6-foot trails in town and requires special equipment to clear. Consequently, it often takes 4-5 days to clear the trail after a snowfall. Upgrading the trail to 8 feet wide will permit standard truck plows to be used. The trail has to go toward the street because at least 50% of the properties have extensive landscaping and fences on the other side. It will go out towards the boulevard for the entire length of the trail. MOTION: Case moved, seconded by Aho, to approve Items A-BB on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. ERS ESTATES by ERS Development. Request for: Preliminary Plat of 1.33 acres into two lots. Location: 12551 Beach Circle (Resolution No. 2006-55 for Preliminary Plat) Neal said this is a two lot single-family development. This site is zoned R1-22. Both lots conform to the R1-22 zoning requirements. The Planning Commission voted 4-1 to recommend approval of the project at its March 13, 2006 meeting with the condition that this project be subject to further staff review for additional tree loss. Following this meeting, staff met with the developer to discuss the Planning Commission's recommendation for review of additional tree loss. The developer submitted a plan showing a shift in the building pad location. However, the plan did not result in reducing the proposed tree loss. Attorney Matthew Zahn spoke on behalf of a neighboring resident to oppose the development. Half of the residents have already signed an objection. The neighborhood consists of large lakeside estates and the subdivided lots will be less than half the average size, changing the character. Loss of large trees will occur. Also, the proponent is asking the original easement for lake access apply to both new lots. This is unfair to the easement owner. Any dock large enough to CITY COUNCIL MINUTES April 18, 2006 Page 6 accommodate three lots would also have to jut significantly into Bryant Lake. Zahn asked Council to reject the subdivision or at minimum deny the easement. Rezoning to prevent further subdivision would also be valuable even if this development is approved. Resident Bob Franzen of 6151 Beach Road expressed concern an additional well would draw too much water and affect his supply. The site is so steep that extensive grading would be required and change the whole aesthetic of the neighborhood. Resident Stu Nolan of 7020 Willow Creek Road said he had similar concerns when a subdivision was granted on his side of Bryant Lake. A petition was signed by 90% of residents but the subdivision was approved on a split vote. The site looks overcrowded and seems to have set a precedent for further development, as feared. Nolan proposed a moratorium on development and a study of the zoning. MOTION: Young moved, seconded by Case, to close the public hearing. Motion carried 5-0. The proponent asked to speak again. MOTION: Young moved, seconded by Case, to re-open the public hearing. Motion carried 5-0. The proponent said he had not seen the attorney's documents but noted the development plan contains no exceptions and no variances. The redesign only impacts three large trees, one of which is dead. The owner bought the property from his own family. The existing house is on high ground and the new house is on low ground, so there will not be a significant change in the appearance of the area. Improvements to the existing house will bring it more into line with the quality of neighboring homes. The new home will be of comparable quality as well. Tyra-Lukens asked if the home would be occupied by the builder or marketed. The proponent said it would go to market as a value-added property. MOTION: Young moved, seconded by Case, to close the public hearing. Motion carried 5-0. Young said Council had to abide by existing zoning. He asked for confirmation that granting or denying the easement was also outside the Council's power. Rosow confirmed this is a matter for the courts, unless the benefited property owner voluntarily releases the easement. Typically the owner of the easement and the beneficiary will take the matter to court. Docks are a separate issue. Most are grandfathered in and the City is not allowed to grant a new dock under its ordinance. Young asked if there were any grounds for denial based on zoning. Jeremiah said no. Case asked about environmental impacts. Dietz noted this side CITY COUNCIL MINUTES April 18, 2006 Page 7 of the lake has wells but is connected to the sanitary sewer. Rosow said substantial environmental damage could be a basis for denial, but requires a factual basis. Staff examines this issue routinely. Butcher asked about water pressure in wells being impacted. Dietz said the Department of Health issues well permits and he could not comment authoritatively. Butcher asked why one Planning Commission member voted against the project. Jeremiah said it was the pad site and the loss of large, living trees. However, either pad location meets ordinance. Aho said there is no basis for denying this development, but favored looking at the zoning to control future development. He asked for a timeline on that process. Jeremiah said the area is not a highlighted area for the Comprehensive Plan update but could be added. The current zoning is R-22, or 1/2 acre. R-144 would be full acre, then the next size is rural zoning. Not all the current lots would fit within the 44,000 sq ft. designation. Case said he was on record opposing subdivision on the lake and asked if doubling the number of homes on the lake wouldn't affect water quality. Jeremiah noted the lot isn't even lakefront. Rosow said the City would need to show the proposed improvement of this lot was likely to cause significant environmental damage. Young said trying to use lake impacts to restrict development of non-lakefront property sets a bad precedent. Tyra- Lukens said there appears to be no basis for denial but supported looking at the zoning as soon as possible. Young asked if continuing the hearing would serve any purpose. Neal said Staff have already thoroughly reviewed the development, including environmental concerns, and nothing new is likely to come to light. MOTION: Young moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2006-55 for Preliminary Plat on 1.33 acres into two lots. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE & UTILITY EASEMENT OVER LOT 1, BLOCK 2, HARTFORD COMMONS 2ND ADDITION (Resolution No. 2006-56) Neal stated the Property Owner has requested the vacation of part of the Drainage and Utility easement to facilitate the construction of a covered entrance and attached patio for the end unit of a multi- family building. MOTION: Case moved, seconded by Young, to close the Public Hearing and adopt Resolution No. 2006-56 vacating part of the Drainage and Utility Easement over Lot 1, Block 2, Hartford Commons 2nd Addition. Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO STREETS AND SIDEWALKS CITY COUNCIL MINUTES April 18, 2006 Page 8 Neal said City Code Chapter 6 was revised to clarify and expand the requirements for placement of obstructions in streets, such as dumpsters or roll-off containers and to provide a consistent application process for other activities that are within streets, sidewalks and rights-of-way. The dumpster provision is the main change. Resident Laura Bluml of 10500 Riverview Road applauded the changes citing many examples of safety hazards blocking trails. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing and approve First Reading of an Ordinance Amending City Code Chapter 6 Relating to Streets and Sidewalks. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young and Tyra- Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO RENTAL HOUSING Neal said proposed changes are primarily "housekeeping" with the exception of adding requirements for the building interior, smoke detectors and adding the presence of mold as a violation. MOTION: Aho moved, seconded by Butcher, to approve 1st reading of an ordinance amending City Code Section 9.11. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Strategic Community Partnership with Loudi, China—Next Steps Neal said the City received an invitation to join Habitat for Technology members in a return visit to Loudi, China May 10-17. Rosow's review, CITY COUNCIL MINUTES April 18, 2006 Page 9 however,revealed the state auditor found spending City funds for such a purpose unacceptable when a similar situation occurred in Ramsey. There might be more discretion if the City had an economic development authority. Tyra-Lukens said she would pay her own way. Rosow said this would be appropriate and she could still represent the City as mayor. 2. Chanse in Employee Health Insurance Neal reported rising costs (of 12% in 2006 and 12% in 2007) triggered an RFP for a new health care vendor. HealthPartners will be the new provider, with a 1.8% increase in 2006 and a 13.1% cap in 2007. Projected savings are $50,000 in 2006 and $90,000 in 2007. Tyra-Lukens thanked Neal for finding these savings. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Red Rock Hills Park and Red Rock Lake Trail System Lambert said residents near Red Rock Lake alerted the city to two areas in need of attention: a trail along the north lakeshore, and a mini-park in the Red Rock Hills area. Back in the 1970s, a developer dedicated land for a trail along the shoreline of the lake and put in a poorly designed asphalt trail. Subsequent development did not extend the trail,however, and portions of the trail were also submerged when the outlet structure was revised to raise the lake water level two feet. The proposal is to improve the remaining section of trail and add a fishing dock/canoe launch area to serve residents on that side of the lake. Red Rock Hills Park was originally slated to be owned by a homeowners association. Neighbors assumed it was private and have been maintaining it. However, it was never deeded and eventually the City acquired it as a tax forfeit. The City was unaware the outlot contained a gazebo, volleyball court, and fire ring. Neighbors want to keep the park as is (minus the fire ring which is against ordinance)but have the City mow and maintain it. The City would mark existing access points to the park so more residents are aware of its existence. Aho asked if neighbors would be interested in purchasing back the park, and Lambert said no. MOTION: Butcher moved, seconded by Aho, to authorize staff to replace the deteriorated trail with a trail built to City standards that will provide the public with access to the shoreline, and to install a public dock CITY COUNCIL MINUTES April 18, 2006 Page 10 on that shoreline to accommodate fishing and to make it easier to launch a canoe from that location. Motion carried 5-0. MOTION: Butcher moved, seconded by Young, to designate the public accesses to Red Rock Hills Mini Park by marking all three public accesses on the City outlots between homes on the north, south and east sides of the park, and begin maintaining this property in a fashion similar to the City standards on other mini parks. Motion carried 5-0. 2. Community Center Concept Plan Lambert said the next stop in the Community Center renovation is to approve a concept plan. Approving this schematic would set the space relationships and allow progress to the next steps. Issues discussed with stakeholders included the location of the gyms, the size of the locker rooms, location of concessions, controlling access to different areas, the usefulness and location of racquetball courts, a child care area, an indoor child play space, and the number and size of meeting rooms. The Parks Commission recommends Scheme G. Architect Del Ericson reviewed the concept plan. The plan calls for two distinct sections of the buildinga more public "rink side" and a more controlled fitness and pool side, with a center control point where Parks and Recreation staff would be based. The upper level would have rink seating as well as fitness equipment and meeting rooms with views to the outside. Tyra-Lukens asked why Parks staff would move to the Community Center. Lambert explained only the Recreation manager and her three program staff would move. Since the Community Center manager position was eliminated, staff have been trying to manage the Community Center while being officed off-site. Parks staff and some of the recreation staff will still office in the City Center. Tyra-Lukens asked that green principles be incorporated into the design, including possibly recycled materials, natural lighting, and rooftop gardens. Ericson said the team is looking at a "cool'roof as well as a more efficient boiler system and energy management. MOTION: Aho moved, seconded by Case, to approve Scheme G as the preferred concept plan and authorize Staff to continue developing this concept based on the scheme. Motion carried 5-0. 3. Edenvale Park Concept Plan Lambert said there have been minor revisions to the plan since the referendum. A majority of neighbors supported the plan but there was discontent over the change from a baseball field to a soccer field. The new CITY COUNCIL MINUTES April 18, 2006 Page 11 plan allows the space to be used for either purpose, though the decision must be made each season whether to take out the soccer goals or not. The revised plan also has full court basketball instead of half court and provides more access to a wooded area for picnicking. There is no change in the budget. MOTION: Case moved, seconded by Young, to approve the revised Edenvale concept plan and authorize final plans and specifications based on the plan. Motion carried 5-0. 4. Forest Hills Park Concept Plan Lambert said residents continue to support the plan. The chief concern is traffic cutting through the northwest corner road. This road will be changed to an 8-foot asphalt trail and gated if needed to prevent motorized traffic. Bids will be awarded in 2007. Tyra-Lukens asked if the City could facilitate volunteer buckthorn pulling, and Lambert said anytime. It would be too expensive to contract out,however. MOTION: Young moved, seconded by Butcher, to approve the concept plan for Forest Hills Park and authorize final plans and specifications for this park. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Renewal of Midwest Asphalt's Land Alteration Permit for 2006-2008 City Staff Jean Johnson explained Midwest Asphalt has done materials crushing and had an asphalt vat on the site since 1960. Since 1995, Midwest Asphalt has been covered by a two-year renewable Land Alteration Permit, which gives the City a means to regulate crushing hours. No crushing is permitted in summer months. The City also does periodic noise readings and investigates complaints. The plant had no violations, so renewal of the permit is recommended. Dietz noted notification of the permit renewal was sent to all property owners 2000 feet or less from the site. Butcher said neighbors are always complaining about how loud it is and wondered if the statute were strict enough. Johnson explained the noise levels are the same as used by Minnesota Pollution Control. L-10 monitoring measures acceptable noise levels as 65 decibels for 10% of an hour. A law mower is about 85 decibels and normal conversation is 50-60 decibels. A second measurement, L-50 monitoring, requires even lower maximum levels for 50% of an hour. Dietz said the sporadic nature of the noise makes it irritating,but it is not particularly loud. Butcher asked if CITY COUNCIL MINUTES April 18, 2006 Page 12 Midwest Asphalt had done all it could to mitigate noise. Johnson said levels used to be 5-6 decibels higher,but the use of"smart backup" beepers and changes to the crusher and vat have reduced noise. Case questioned whether the City could effectively regulate Section 3A allowing operation from 7 am to 9 pm 45 days per year, and operation only until 8 pm other days. Johnson said the plant sends a written request for the extended days and is in compliance. Case asked about trees on the berm. Johnson said trees were installed in 2000 but some were subsequently cut by utilities. The berm is too unstable for a fence. MOTION: Butcher moved, seconded by Aho, to renew the Land Alteration Permit for Midwest Asphalt for 2006-2008. Motion carried 5- 0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. The meeting adjourned at 9:45 p.m.