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City Council - 05/02/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 2, 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, City Engineer Alan Gray, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. SENIOR AWARENESS MONTH Staff Karla Kress noted events are scheduled throughout May to celebrate "Seniors in Action." Sharon Steiner, chair of the Senior Advisory Council, listened as Tyra-Lukens read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under Councilmember Reports. Neal added two items to his report. MOTION: Case moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN MEETING HELD, TUESDAY, APRIL 11, 2006 MOTION: Butcher moved, seconded by Young, to approve the Town Meeting minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES May 2, 2006 Page 2 B. COUNCIL FORUM HELD TUESDAY,APRIL 18, 2006 MOTION: Aho moved, seconded by Case, to approve the Council Forum minutes as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18, 2006 MOTION: Young moved, seconded by Case, to approve the City Council minutes as published. Motion carried 5-0. D. COUNCIL RETREAT HELD SATURDAY,JANUARY 21, 2006 Neal noted Staff has prepared two versions of the minutes per Council request: an edited redline version and a brief summary version. Case suggested passing the short version and adding a disclaimer to the long version indicating they do not accurately reflect the meeting. Young said since the minutes have become a matter of public comment, this would duck the issue. Also, the discussion thus far seems to unfairly blame the recorder. Butcher said she was comfortable with either version but called for Council to discuss future formats for recording retreat sessions. MOTION: Butcher moved, seconded by Case, to approve the short version of the minutes. Aho said having two versions of the minutes is too complicated. The Council should just approve the long version. Young said even if the short version is approved, the issue of the long minutes' accuracy remains. He said he disagreed strongly with some of the revisions. Tyra-Lukens said the original long version, the revised long version, and the short version are all part of the public record. She supported passing the short minutes. MOTION: Butcher moved, seconded by Case, to approve the short version of the Council Retreat minutes. Motion carried 3-2 with Butcher, Case, and Tyra-Lukens voting "aye" and Aho and Young voting "nay." Tyra-Lukens asked Neal and Rosow to draft a proposal laying out different types of recording for various types of meetings. Neal assented and noted Staff is moving in a more minimalist direction. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PLACE APARTMENTS CLUBHOUSE by RREEF. Second reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres; Site Plan Review on 32.7 acres. Location: 8680 Magnolia Trail. (Ordinance No. 9-2006 CITY COUNCIL MINUTES May 2, 2006 Page 3 for 12-2006-PUD District Review and Zoning District Amendment; Resolution No. 2006-57 for Site Plan Review). C. ADOPT RESOLUTION NO. 2006-58 DECLARING PROPERTY ABANDONED D. ADOPT RESOLUTION No. 2006-59 AUTHORIZING LIMITED USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL. E. APPROVE PURCHASE OF THE ITRON MOBILE COLLECTION SYSTEM VERSION 2.5 FROM HYDRO METERING TECHNOLOGY F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR DESIGN MODIFICATIONS TO WATER TREATMENT PLANT LIME RESIDUAL DISPOSAL SYSTEM G. AWARD STREET STRIPING CONTRACT TO CENTURY FENCE, I.C. 06-5670 MOTION: Case moved, seconded by Butcher, to approve Items A-G on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENT FOR PART OF WEST 62ND STREET, VACATION 05-03 (Resolution No. 2006-60) Neal said the property owner and developer of Prairie Estates has requested this vacation to provide for the inclusion of the easement area into the plat of Prairie Estates. The final plat of Prairie Estates was approved by the City Council on April 18, 2006. The easement area was obtained by Hennepin County with the construction of CSAH 62 for the West 62nd Street cul-de-sac. No right-of-way beyond the subdivision boundaries is included in this vacation. The plat of Prairie Estates includes the dedication of right-of-way and construction of a roadway providing access to the platted lots. The cul-de-sac area will no longer be needed and will be included in Lot 1, Block 2 of the new plat. Dietz noted the proposal originally called for a series of Quit Claim Deeds,but legal staff advises the mere vacation of the easement will be sufficient. There were no comments from the public. MOTION: Case moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2006-60 vacating the easement for part of West 62nd Street located in the North 1/2 of Section 5. Motion carried 5-0. CITY COUNCIL MINUTES May 2, 2006 Page 4 B. HILLTOP ROAD IMPROVEMENTS, I.C. 05-5642 (Resolution No. 2006- 61) Neal said the Hilltop Road area is a residential neighborhood of 30 lots dating back to 1952, when the plat of Eden Heights was approved. The homes are served today by private well and septic systems. Hilltop Road shares a common intersection with the west entrance to Grace Church on Eden Prairie Road. Improvements to Eden Prairie Road in 2002 and the Riley Creek Ridge subdivision in 1997 have provided sanitary sewer and watermain connections at the east and west end of Hilltop Road. City Staff Alan Gray said he has been working with residents for about a year and reached consensus to move forward with the $1 million project. Due to a cap on assessments of$27,000, there will be a city share, which will be funded out of the stormwater sewer and utility funds. Two properties which are subdividable will pay a higher assessment of$33,444. Resident Caryl Hansen of 16200 Hilltop Road said improvements are long overdue and asked Council to act now. Resident Chuck Roycraft of 16500 said his lot is not practical for subdivision, so his assessment should be reduced or at least deferred. Gray said Staff had discussed the matter with the property owner. Nearby lots with a similar configuration have in fact been subdivided and the topography is workable to create at least two lots. History shows the City has been accurate, indeed, conservative, in predicting future subdivision. Staff would however recommend deferring the assessment, which would accrue interest. The assessment can only be made at the outset, so standard practice is to make the assessment and then defer it in these cases. Young expressed surprise that assessing based on how a lot might be subdivided in the future is standard practice. Case asked whether the City would want a flat lot development at that location anyway, and Tyra-Lukens said they added interest to a neighborhood versus an identical setback. MOTION: Aho moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2006-61 ordering Hilltop Road Street and Utility Improvements. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young, 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 XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES May 2, 2006 Page 5 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Suburban Cable Commission Case informed residents the Time Warner/Comcast market swap means email addresses will change from mn.rr.com to comcast.net starting this fall. The commission is watching several bills before Congress that could affect cities' franchise rights. 2. Southwest Metro Transit Commission Case said preparedness planning for disasters and patterns of response is underway for homeland security efforts. The Commission is discussing dropping "Metro" from its name to prevent confusion with Metro Transit. B. REPORT OF CITY MANAGER 1. Loudi, China Visit by Mayor Tyra-Lukens (Resolution 2006-62) MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2006-62 appointing Mayor Nancy Tyra-Lukens as the official representative of the City of Eden Prairie in her travel to China in May 2006 in the conduct of official City business. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Park Improvements Lambert said Birch Island was one of Eden Prairie's first parks but has been minimally developed, with only a gravel parking lot and a casual trail system. Neighborhood meetings in the late 1980s expressed lack of interest in park development, along with concerns about safe access along CSAH 4. Now that the referendum has provided $2 million for trails, both side of CSAH 4 will have an 8-foot paved trail north to the Minnetonka border. Due the steep grade next to the road, the trail will need to run through the park. It makes sense to look at any improvements and their location while routing the trail. Any improvements could be undertaken next year along with the other parks improvements. Lambert sought Council approval to seek neighborhood input, draft a concept plan, and CITY COUNCIL MINUTES May 2, 2006 Page 6 bring the plan to the Parks Commission. Planning would be done by the end of the year. Case noted the site has archaeological significance. Lambert said sensitive areas are well away from proposed development sites but would be monitored. MOTION: Case moved, seconded by Aho, to recommend initiating the process for developing plans for improvements to Birch Island Park. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 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 Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:50 p.m.