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City Council - 02/20/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 20, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson 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 Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young 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. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION CELEBRATING CHINESE NEW YEAR Mayor Young read a proclamation extending best wishes for a happy and prosperous New Year to the government officials and people of Loudi, China. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Neal noted there was additional information passed out regarding Items X.B.-X.E. He added Item X.K., a Resolution authorizing a study of signs displaying animation or electronically changing images or messages; Item X.L. and X.M., First& Second Reading of an Interim Ordinance temporarily prohibiting any sign displaying animation or electronically changing images or messages; and a Resolution approving the Summary Ordinance. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, FEBRUARY 6, 2007 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, February 6, 2007, as published. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 2007 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, February 6, 2007, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STARING PRESERVE by Aileron Development. Approval of the Development Agreement. Location: 9181 Staring Lane East C. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR 2007 D. APPROVE REQUEST BY BRYANT LAKE SKI TEAM FOR SUBMERSIBLE SLALOM SKI COURSE FOR A YEAR-TO-YEAR PERMIT E. APPROVE CORRECTED ELIZABETH FRIES ELLET INTERPRETIVE TRAIL SIGNAGE PROGRAM F. APPROVE USE OF UP TO $75,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE MOTION: Butcher moved, seconded by Aho, to approve Items A-F of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. 2007 CDBG FUNDING RECOMMENDATIONS (RESOLUTION 2007-34) Neal said the official notice of this public hearing was published in the February 8, 2007, Eden Prairie Sun Current. He said for 2007 CDBG Funding remained at $267,766.00, which is the 2006 amount. The amount of money available for distribution to human services providers under the 15% guideline is $40,165.00. He reviewed the specific recommendations of the Human Services Review Committee regarding 2007 funding for Human Services and Housing activities. He noted the discussion of how to distribute the 2007 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2006. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Neal said for over a decade, the Eden Prairie City Council has approved the allocation of CDBG funds to the Greater Minneapolis Day Care Association (GMDCA) to provide child care subsidy for low income Eden Prairie residents who meet certain criteria. In October, 2006, GMDCA ceased operation and are no longer administering the CDBG funds for the subsidy program. A total of CITY COUNCIL MINUTES February 20, 2007 Page 3 $24,462.78 in CDBG funds from previous years' allocations remains allocated for this program. Hennepin County has selected a new agency, Jewish Vocational Services (JVS) to take over administration of the child care subsidy program. Staff requests Council approval for the reallocation of the remaining funds from GMDCA, to JVS. Young then asked for any comments from the audience. Kathy Engel, representing the HOME program, thanked the Council for their support of the HOME program for senior citizens. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing and to adopt Resolution 2007-34 approving use of funds for 2007 Community Development Block Grant Funds and Reallocation of Specific 2005/2006 Community Development Block Grant Funds. Motion carried 5-0. B. BLUFF COUNTRY VILLAGE Request for: Planned Unit Development Concept Review on 5.8 acres, Planned Unit Development District Review on 5.8 acres, Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres, Site Plan Review on 2.7 acres and Preliminary Plat of 5.8 acres into two lots and one outlot. Location: Hennepin Town Road & Pioneer Trail. (Resolution 2007-35 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution 2007-36 for Preliminary Plat) Neal said official notice of this public hearing was published in the February 8, 2007, Eden Prairie Sun Current and sent to 281 property owners. He said the proposed plan includes a 2,300 square-foot coffee shop, a 12,000 square- foot retail building, and 3.1 acre lot for future development that shows 16,262 square feet of building. The plan conforms to the requirements of the neighborhood commercial zoning district. This project amends an approved plan for a 3,200 square-foot restaurant and a building with 28,041 square feet of retail on the first floor with 94 apartment units on 3 additional floors. The 120-Day Review Period expires on March 10, 2007. The Planning Commission first reviewed this project at the December 8, 2006 meeting and recommended a continuance with direction to the developer to revise the architecture, grading, and tree preservation plans. At the January 22, 2007 meeting the Planning Commission voted 6-0 to recommend approval of the project to the City Council. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing, to adopt Resolution 2007-35 for Planned Unit Development Concept Review on 5.8 acres; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Neighborhood Commercial District on 5.8 acres; to adopt Resolution 2007-36 for Preliminary Plat on 5.8 acres into 2 lots; and to direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 4 IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims. The motion was approved on a roll call vote,with Aho, Butcher, Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION Neal noted this is a continued item from the Council's January 16 meeting, when Mayor Young proposed the establishment of a new citizen advisory commission to assist the city with the management of the City's annual budget. At that meeting Mayor Young asked for Councilmembers to review a draft charter statement for the proposed commission and to report any questions, concerns or ideas to the City Council at the Council's February 6 meeting. At the February 6 meeting, Councilmember Duckstad shared a suggested mission statement for the commission. There was a consensus of support for the proposal put forward by Councilmember Duckstad. Neal said he reformatted Councilmember Duckstad's proposal to more closely align with the structure that is used to describe the City's advisory commissions in chapter 2.23 of the City Code. The reformatted version of Councilmember Duckstad's proposal was included in the Council packets. Nelson said she would like to change the proposed Subd.LF.1. to "Learn about the overall policy direction for the budget as communicated by the City Council to the City Manager." The consensus was to accept Councilmember Nelson's proposed change. MOTION: Duckstad moved, seconded by Aho, to approve as amended first reading of an Ordinance amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99, which among other things, contain penalty provisions. Motion carried 4-1, with Nelson opposed. B. BENT CREEK GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1St and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. He said the findings and conclusions were given to Councilmembers in advance of the meeting along with additional conclusions prepared by Councilmember Duckstad for this meeting. CITY COUNCIL MINUTES February 20, 2007 Page 5 Young noted this item is not open to public comment. Duckstad directed a series of questions to City Planner Franzen. He noted there were frequent references at previous hearings to the Eden Prairie Comprehensive Guide Plan as it pertained to this particular ordinance for Bent Creek Golf Course, and he asked when the Guide Plan was first initiated by the City of Eden Prairie. Franzen replied the City Council adopted a Comprehensive Plan in 1968 and within that guide plan there is a designation called quasi-public and the quasi-public designation matched the location of the golf course at that time. Duckstad asked if the Guide Plan as created in 1968 did include the now-existing Bent Creek Golf Course such that it referred to it as public/quasi-public in total or in part. Fransen said in 1970 when the City Council reviewed a Planned Unit Development(PUD)referred to as Edenvale, the location of the golf course changed. It was a 27-hole golf course during the 1960's,but it was converted to an 18-hole course in the Edenvale project. Consequently the area of quasi-public was readjusted to match the boundaries of the golf course as presented by Edenvale in 1970. Duckstad asked if the Guide Plan was updated in 1976 or thereabouts. Fransen said it was updated in 1979. Duckstad asked if in the 1979 revision the area that is now Bent Creek Golf Course continued to be classified as public/quasi-public. Fransen said that was correct. Duckstad asked if in 1984 the current owner purchased the Bent Creek Golf Course. Franzen said that was correct. Duckstad said that means at the time the golf course was purchased by the present owner, it was also classified as public/quasi- public. Franzen said that was true. Duckstad asked if is true then that Bent Creek Golf Course has been continually classified as public/quasi-public since 1970. Franzen said that was correct. Duckstad then read the definitions of public and quasi-public designations in the current Guide Plan and asked Franzen if those were correct. Franzen said that was the definition in the Comprehensive Guide Plan dated March 19, 2002; however, the Council subsequently voted to amend the definition of quasi-public to exclude private golf courses and country clubs. Fransen asked City Attorney Rosow if that was correct. Rosow said that was correct. Duckstad then asked if, from 1970 to 2002, the Bent Creek Golf Course was designated public/quasi-public. Franzen said it was. Duckstad asked if it was also true that the definition of public/quasi-public classification was similar in 1968 when the original Guide Plan was created by the City. Franzen replied the 1968 Guide Plan does not contain a definition of quasi- public. Duckstad asked if it just makes a reference to public/quasi-public. Franzen said that was true. Duckstad asked Franzen to interpret as the City Planner what would be the intention of a classification that would have existed back when the Guide Plan was created; that is, what uses would be permitted then that would be any different from the current definition. Franzen said there were three areas CITY COUNCIL MINUTES February 20, 2007 Page 6 designated public/quasi-public: the golf course, one in the general area of Flying Cloud Airport, and an area generally below Hwy 212 along the Minnesota River. Duckstad asked Franzen if, when you have a Guide Plan that has a history with that classification,he as a City Planner recognized that such a classification would not allow the typical type of residential, commercial and industrial development. Franzen said that was true. Duckstad asked if the Guide Plan designation initially put on the property that is now Bent Creek Golf Course always prohibited development of any residential, commercial or industrial use. Franzen replied that was true because the 1968 Guide Plan also depicted areas for commercial, office, industrial and residential development. Duckstad asked if the Guide Plan has a section that addresses zoning and its relationship to the Guide Plan itself. Franzen said it does. Duckstad understood that the Guide Plan indicates in part that the zoning designated on a piece of property can change, but if the Guide Plan called for public/quasi-public and the zoning called for rural, then the Guide Plan indicates the zoning should be made to conform to the Guide Plan classification. Franzen agreed. Duckstad asked if that was also true for present law for the State of Minnesota. Franzen said that was true. Duckstad said in the earlier hearings there was reference to Planned Unit Developments (PUD's), and the property known as Bent Creek was included as part of a larger 1000-acre tract known as Edenvale development in 1970. He asked Franzen to describe what a definition of PUD means for a tract of land. Franzen said it is an overlay to a zoning district. A PUD for a City examines on a very large scale the relationship between the different land uses proposed for the PUD and the plan for the orderly development of sewer, water, roads, parks and open spaces. The 1970 Edenvale PUD master plan had about 4200 residential units comprising about 420 acres including open spaces, for a total density of about 10 units per acre. The balance of the 1000 acres was set aside for commercial and industrial development. Duckstad asked, when a PUD is created and all the land within it is considered as one unit, does that mean the Bent Creek Golf Course would be an integral part of the larger unit. Franzen said that was correct because the golf course was part of the open space that represented about 25% of the land use component in the Edenvale PUD as proposed in 1970. Duckstad asked if the records here at City Hall indicate that the developer agreed to keep it as a golf course, recreation area or open space. Franzen said the official records indicate that. Duckstad then asked if the records have been available at City Hall for anyone to see. Franzen said they are. Duckstad then said that would mean the present owner, Mr. Hertogs, when he purchased the property in 1984, would have had an opportunity to come to City Hall and ask to review the records that would show the golf course was part of the PUD and there was an express written commitment that the golf course would remain indefinitely. CITY COUNCIL MINUTES February 20, 2007 Page 7 Aho said he thought Councilmember Duckstad's careful review gives an indication of the thorough review the City Council has undergone regarding this item. He said he did not want to get into litigation of any kind,but the Council feels strongly we must act with due diligence on any item before the Council and also must act according to law and past history. Young said it was his intention to approve the first reading of the ordinance and to support the adoption of the findings and conclusions including the additional conclusions submitted by Councilmember Duckstad. He said the most critical component involved in Bent Creek has always been the PUD. Young read Items G and L from the Conclusions regarding the Findings of Fact and Conclusions on the Bent Creek Golf Course Rezoning, noting he thought those two items were particularly relevant. He also believed Conclusion T was especially important in that it spoke to what we are doing and not doing tonight in its declaration that the City is not engaging in a governmental enterprise through re- guiding and rezoning the golf course property, nor is the City re-guiding or rezoning the property in an attempt to acquire open space. He said Conclusion T further states that the change in the Guide Plan designation and the rezoning of the Property recognizes and is consistent with the Property's long term historical use as a golf course. MOTION: Butcher moved, seconded by Nelson, to adopt the Findings and Conclusions including the nine conclusions in Councilmember Duckstad's Additional Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC- Golf Course 105.8 acres. Motion carried 5-0. C. OLYMPIC HILLS GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1St and 2nd readings of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Duckstad moved, seconded by Aho, to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acres. Motion carried 5-0. D. BEARPATH GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) CITY COUNCIL MINUTES February 20, 2007 Page 8 Neal said this is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1St and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Aho moved, seconded by Nelson to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 198.04 acres. Motion carried 5-0. E. GLEN LAKE GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1St and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Butcher moved, seconded by Aho, to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Public to GC-Golf Course on 50.69 acres. Motion carried 5-0. F. SECOND READING OF ORDINANCE 4-2007 AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION Neal said this is a second reading of an ordinance adopted and amended earlier this evening by the City Council amending City Code Section 2.23 by establishing a Budget Advisory Commission. He said because first and second reading are occurring at the same meeting, the second reading of the ordinance will require a unanimous vote for approval. Nelson said, although she has questions about the Budget Advisory Commission and believes fiduciary responsibility is that of the Council, she does intend to vote for second reading. Neal said if the ordinance passes we do have the Board and Commission interview process next week and he would encourage Councilmembers to recruit for the Budget Advisory Commission and have them apply by email so that members of the new commission can be appointed next week. Butcher asked if there is a way to review the commission to see if it is working the way we want it to work once we have approved it. Neal said it would be very much the same as the review earlier this evening of the Flying Cloud Airport Commission. We will have a joint meeting next year where the Budget Advisory Commission will be evaluated and a presentation made to the Council. CITY COUNCIL MINUTES February 20, 2007 Page 9 Butcher asked if we need a unanimous vote to amend the ordinance for this commission at a later date. Rosow said it would require only a majority vote to change the ordinance or the structure of the commission later, and we only need a unanimous vote tonight because first and second readings are occurring at the same meeting. Duckstad said he thought the mission statement specifically limited the commission members to one year. Neal said we structured this commission under the standard set of rules and procedures for commissions which allows the Council to set up to 3-year terms. That determination would occur when the Council establishes the Commission during the appointment process. Young said the meeting today with the Flying Cloud Airport Commission is one he hoped we can continue with all the other commissions. He expected that we would have a very close relationship with the Budget Advisory Commission so we would know if it was working as we anticipated. Duckstad said he understood the work to be done by the commission members would be advisory only as to goals, needs,resources and priorities and to that extent we would retain total control of the budget process. Young said he did not anticipate the Budget Advisory Commission would relieve the Council of any responsibility at all. MOTION: Aho moved, seconded by Duckstad, to approve second reading of Ordinance 4-2007 amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99, which among other things, contain penalty provisions. Motion carried 5-0. G. BENT CREEK GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 5-2007 for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance 5-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Bent Creek Golf Course from Rural to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Butcher moved, seconded by Duckstad, to approve 2nd Reading of Ordinance 5-2007 for rezoning from Rural to GC-Golf Course on 105.8 acres. Motion carried 5-0. H. OLYMPIC HILLS GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 6-2007 for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance 6-2007 for Zoning District Change) CITY COUNCIL MINUTES February 20, 2007 Page 10 Neal said this is second reading of the ordinance rezoning the Olympic Hills Golf Course from Rural, Rm-6.5 and R1-13.5 to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Aho moved, seconded by Nelson, to approve 2nd Reading of Ordinance 6-2007 for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acre. Motion carried 5-0. I. BEARPATH GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 7-2007 for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance 7-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Bearpath Golf Course from Rural to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Duckstad moved, seconded by Nelson, to approve 2nd Reading of Ordinance 7-2007 for rezoning from Rural to GC-Golf Course on 198.04 acres. Motion carried 5-0. J. GLEN LAKE GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 8-2007 for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance 8-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Glen Lake Golf Course from Public to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Aho moved, seconded by Butcher, to approve 2nd Reading of Ordinance 8-2007 for rezoning from Public to GC-Golf Course on 50.69 acres. Motion carried 5-0. K. AUTHORIZING A STUDY OF SIGNS DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES (RESOLUTION 2007-37) Neal said the City Attorney recommends that the City consider amending its code to account for new LED billboard technology. The resolution authorizes a study of potential amendments. Rosow said Items X.K., X.L., and X.M. are a series of actions to first authorize a study of signs displaying animation or electronically changing images or messages CITY COUNCIL MINUTES February 20, 2007 Page 11 and approve first and second readings of an interim ordinance declaring a moratorium on the installation of such signs. Rosow said we have received information on the new technology for LED billboards as large as paper billboards have been constructed in other cities. The signs are very bright and eye-catching, and there is a concern in the governmental community that they perhaps pose a hazard to driving. He reviewed the recent litigation the City of Minnetonka has been involved in regarding these LED signs. Rosow said we undertook an analysis of the ordinance over the last several years and we thought we were in a better position than Minnetonka with the language used; however, Eden Prairie's ordinance was developed at a time when LED signs were not envisioned. He said we want to change the ordinance in order not to leave any doubt that those kinds of signs are regulated. He thought it was appropriate to present the opportunity for the Council to place a moratorium on this type of sign in order to allow staff time to review the ordinance with this specifically in mind and bring back proposed changes. He said there was an ordinance adopted by Bloomington regarding such signs included in the Council's information packet. Rosow noted that Attorney John Baker was in the audience tonight. Attorney Baker represented Eden Prairie in our previous litigation regarding the sign ordinance and he also represented Minnetonka in their litigation. He was available to answer any specific questions about the current litigation. Neal noted Item X.K. is a resolution seeking the study, and Items X.L and X.M. are first and second readings of an interim ordinance prohibiting the construction of LED signs. The vote for the second reading of the interim ordinance would have to be unanimous because first and second readings are occurring on the same evening. MOTION: Butcher moved, seconded by Aho, to adopt Resolution 2007-37 authorizing a study to determine what amendments to the City Code are required to protect the public health, safety and welfare with respect to signs displaying animation or electronically changing images or messages. Motion carried 5-0. L. FIRST READING OF AN INTERIM ORDINANCE TEMPORARILY PROHIBITING INSTALLATION, CONSTRUCTION, RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES Rosow noted he would like to change Section 5 of the interim ordinance to read, "..., for a period not to exceed one year as set forth in Minn. Stat...." MOTION: Duckstad moved, seconded by Butcher, to approve the First Reading of an Interim Ordinance temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages, including the change in wording to Section 5 recommended by City Attorney Rosow. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 12 M. SECOND READING OF INTERIM ORDINANCE 9-2007 TEMPORARILY PROHIBITING INSTALLATION, CONSTRUCTION, RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES AND ADOPTING RESOLUTION 2007-38 APPROVING THE SUMMARY ORDINANCE MOTION: Aho moved, seconded by Nelson, to approve the Second Reading of Interim Ordinance 9-2007 temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages and to adopt Resolution 2007-38 approving the summary ordinance. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Flying Cloud Airport Sanitary Sewer & Water Project Neal said we discussed this item briefly in the workshop this evening. Flying Cloud Airport does not have sanitary sewer and water and we would like to oblige their request for this service. He said the sewer and water installation is identified in our Memorandum of Agreement with MAC and is a requirement by the Minnesota Pollution Control Agency to close all private wells and septic systems at the airport. This project has been a moving target in MAC's Capital Improvement Program for many years and its limited capability to fully fund the project at this time make it difficult to know whether funding will occur any time soon. The City is offering to partnership with MAC to finance the project through our system which would mean they would bear all the costs for the project and would pay the City back over 20-years. Aho asked if this would be coordinated with the project to reconstruct Pioneer Trail. Neal said it is being coordinated, and our Engineering Department would like this project underway or completed this year prior to the larger road project starting next year. CITY COUNCIL MINUTES February 20, 2007 Page 13 Nelson thought it was important to get this done and she is concerned about any old wells or septic systems out there. Duckstad said he supported the project. Butcher said this has been a long time in coming. MOTION: Butcher moved, seconded by Duckstad, to support the offer made to the Metropolitan Airports Commission to finance its portion of the sanitary sewer and water project along Pioneer Trail through General Obligation Bonds and to have this project completed in 2007. Motion carried 5-0. 2. Public Notice Requirements and Practices Neal said there was discussion at the last meeting as to whether our system of public notice is creating more problems. He said the notification area for public hearings varies with the type of public hearing. For the project at Forest Hills Park, staff identified a 1500-foot notice area around Forest Hills Park. We then identified through the database those living in the units affected within the designated area to create a mailing list. The mailing list is kept in the files in order to check whether some individual was notified. Neal said we can make the areas bigger but it increases the expense. He said we also include the public hearing notices in the newspaper and also on the web site. Young said he thought Mr. Mallow's point was the families whose children attend Forest Hills School should have been notified. Neal said the only way we could do that would be to get the mailing list from the School District. We would have to ask them to provide that and he was not sure they would be willing to do that. Nelson thought in the specific cases where school playgrounds are involved we should try to notify the families. She thought we should do something, such as a flyer sent home with the students, in coordination with the School District to send notice to families. Aho thought this was a unique case in that the city owns a park within the confines of the school grounds. He thought it would be good to notify all the families but not necessarily by means of a city mailing. Butcher said there is another school park coming up at Prairie View and she thought we should keep that in mind when we notify people about that. She thought we need to be very careful how much we spend on notifications and it would be good to explore different ways of doing it. Dietz said he thought if Mr. Lambert were present,he would say it is a neighborhood park so sending it to just the School District would not reach all of those who use the park. CITY COUNCIL MINUTES February 20, 2007 Page 14 Duckstad said he thought notifying the public of the opportunity to attend a meeting is a very important effort and we should make an extra effort even if it costs more money. Rosow said in the provisions of the Minnesota statute concerning Data Practices, it would appear it would take a discussion with the School District. The names could be treated as directory information and that data then would be available. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Major Center Area Implementation Update Jeremiah said this is an update of implementation activities recommended by the Major Center Area(MCA) Study. The Major Center Area (MCA) Study was adopted by the City Council on January 17, 2006 as an advisory tool. The study includes land use, transportation and wayfinding recommendations for the Valley View Road/Prairie Center Drive "ring road" area. A task force guided the study and public input was received from the residential and business communities through a series of meetings and open houses. The final report includes an implementation chapter with specific recommendations for near term(0-7 years) and long-term(8+year) activities. Jeremiah said there is a report included as an attachment in the information packet that provides an update of the implementation. She reviewed the progress made on the implementation. She noted the MCA Wayfinding Committee has developed a list of general consensus items that were also included in the information packets. Young asked if both of the LRT routes into Eden Prairie survived into the EIS phase. Jeremiah said they are being considered as one route at this point in that our preferred alternative is being studied in detail and the other one is being considered as a fall-back. Nelson asked if there was any possibility of taking another look at realignment of the route from Singletree and West 78"'. Dietz said we are proposing to do an interim project on Singletree Lane for the Windsor Plaza and Bobby & Steve's projects. He said there is at some point a potential to work with Target and Eden Prairie Center for redevelopment in that area but it would be expensive to do this without a willing partner. Nelson asked if there is only one realignment route. Dietz said no, there was an original plan that addressed the route and we were working on building consensus on how to realign it but that did not work. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES February 20, 2007 Page 15 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Aho invited Councilmembers and staff to attend a transportation/transit legislation meeting as part of the I-494 Corridor Commission on February 28"' at 7:00 PM at Minnetonka City Hall. XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:25 PM.