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City Council - 03/06/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members 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 and City Planner Michael Franzen were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY SURVEY RESULTS City Manager Neal introduced Bill Morris with Decision Resources, professional consultants in the area of public opinion analysis. Mr. Morris presented a brief review of the 2006 Community Survey/2007 Quality of Life Study results. Morris reported the ratings were outstanding and among the highest in the metro area. Neal noted there will be a full presentation of the results at a future planning session. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said he will have several announcements under Report of City Manager. Young added two items under Report of Council Members. City Attorney Rosow said he has an update regarding sign litigation under Report of City Attorney. 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 20, 2007 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, February 20, 2007, as published. Motion carried 5-0. CITY COUNCIL MINUTES March 6, 2007 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2007 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, February 20, 2007, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WHISPERING RIDGE. Request for: 2nd Reading of Ordinance 10-2007 for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres. Location: 16440, 16480, 16500 Hilltop Road (Ordinance 10-2007 for Zoning District Change) C. AWARD BID FOR RECONSTRUCTION OF TENNIS AND BASKETBALL COURT AT EDEN VALLEY PARK TO NORTHWEST ASPHALT CORP. D. AWARD BID FOR RECONSTRUCTION OF THE TENNIS AND BASKETBALL COURT AT RUSTIC HILLS PARK TO NORTHWEST ASPHALT CORPORATION E. AUTHORIZE AN AGREEMENT WITH HENNEPIN COUNTY FOR EDEN PRAIRIE TO CONTINUE PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT, I.C. 03-5602 F. APPROVE PROPOSAL FROM MINNESOTA NATIVE LANDSCAPING FOR VEGETATION MANAGEMENT FOR WETLAND MITIGATION SITES AT THE GLENSHIRE OUTLOT AND WATER TREATMENT PLANT FOR 2007 AND 2008, I.C. 98-5467 G. AWARD CONTRACT FOR 2007 STREET SWEEPING TO RELIAKOR SERVICES INC., I.C. 07-5692 H. APPROVE PROFESSIONAL SERVICES AMENDMENT WITH SEH INC. FOR INFLOW/INFILTRATION STUDY I. RECEIVE 2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN FOR THE CONSERVATION COMMISSION J. ADOPT RESOLUTION 2007-39 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RECONSTRUCTION OF VALLEY VIEW ROAD (FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR.) I.C. 02-5586 K. RESOLUTION 2007-40 CALLING FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) HOUSING DISTRICT FOR PRESBYTERIAN HOMES REDEVELOPMENT PROJECT CITY COUNCIL MINUTES March 6, 2007 Page 3 MOTION: Duckstad moved, seconded by Nelson, to approve Items A-K of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. ASSOCIATED BANK Request for: Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: SE corner of Valley View Road and Prairie Center Drive. (Ordinance for Zoning District Change) Neal said there is a letter before the Council from Garry Dietrich, Senior Vice President of Associated Banc-Corp, asking to withdraw their site plan and building plan review for the site located at the intersections of Valley View Road and Prairie Center Drive. There is no longer a need for a public hearing on this item. B. STARING LAKE BUSINESS CENTER Request for: Planned Unit Development Concept Review on 19.3 acres, Planned Unit District Review with waivers on 19.3 acres, Zoning District Amendment in the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres and Preliminary Plat of 19.3 acres into two lots. Location: US Highway 212 & County Highway 1. (Resolution 2007-41 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution 2007-42 for Preliminary Plat) Neal said the official notice of this public hearing was published in the February 22, 2007, Eden Prairie Sun Current and sent to 21 property owners. This project is two industrial buildings totaling 150,216 square feet with waivers for allowable office use and setback. It is an amendment to an approved agreement and plans called the Flying Cloud Business Center. The approved plan was for two buildings totaling 172,111 square feet. Community Development Director Jeremiah said the Planning Commission voted 7-0 to recommend approval of the project at the February 12, 2007 meeting. She said there are three waivers for the project, including two for parking setback in order to provide additional right of way on Pioneer Trail. Ryan Edstrom, a civil engineer from Westwood Professional Services, said he was available to answer questions about the project. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2007-41 for Planned Unit Development Concept Review on 19.3 acres, to approve 1" Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the I-2 Zoning district on 19.3 acres, to adopt Resolution 2007-42 for Preliminary Plat on 19.3 acres into 2 lots, and to direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations. Motion carried 5-0. CITY COUNCIL MINUTES March 6, 2007 Page 4 IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, 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 XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. 2007 CITY COMMISSION APPOINTMENTS Neal said this item is to confirm the 2007 City Council appointments to City advisory commissions. The Council held interviews on Tuesday, February 27, 2007, and selected 15 candidates for Commission appointments. He noted there were no positions available this year on the Flying Cloud Airport Advisory Commission and the Council will examine additional applicants for the Budget Advisory Commission. Terms are scheduled to begin on April 1, 2007. MOTION: Aho moved, seconded by Duckstad, to appoint to the City Commissions as follows: Arts & Culture Commission: Steve Mosow and Heather Olson—terms to expire 03/31/2010, and Kelly Brandon—term to expire 03/31/2008; Conservation Commission: Laura Jester—term to expire 03/31/2010; Heritage Preservation Commission: Betsy Adams, Richard Akerlund, and Mark McPherson—terms to expire 03/31/2010; Human Rights and Diversity Commission: Daniel Abraira and Pamela Spera— terms to expire 03/31/2010; Parks, Recreation & Natural Resources Commission: Tom Bierman, Jeff Gerst, and Joan Oko —terms to expire 03/31/2010; Planning Commission: Peter Rocheford and Kevin Schultz—terms to expire 03/31/2010, and Fred Seymour—term to expire 03/31/2009. Motion carried 5-0. B. 2007 APPOINTMENTS OF CHAIRS AND VICE CHAIRS TO CITY COMMISSIONS MOTION: Butcher moved, seconded by Duckstad, to appoint Chairs and Vice Chairs to the City Commissions as follows: Anne Rorem- Chair and Heather Olson - Vice Chair of the Arts and Culture Commission; Eapen Chacko - Chair and David Seymour- Vice Chair of the Conservation Commission; Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission; CITY COUNCIL MINUTES March 6, 2007 Page 5 Betsy Adams - Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission; Cari Maguire - Chair and Mellisa Barra - Vice Chair of the Human Rights and Diversity Commission; John Brill - Chair and Geri Napuck - Vice Chair of the Parks, Recreation and Natural Resources Commission; Ray Stoelting - Chair and Jon Stoltz - Vice Chair of the Planning Commission Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Recosnize Eapen Chacko Young said he wanted to recognize Mr. Chacko, Chair of the Conservation Commission, who is in attendance at tonight's meeting. He said the City recently received a letter from Congressman Ramstad commending Mr. Chacko and the Conservation Commission for their recent initiative on the Project Green Fleet proposal to the School Board. 2. Scheduling Young said it was his hope to complete the appointments to the Budget Advisory Commission by the next Council meeting. He asked Neal if we have received any more applications and, if so, can those can be processed before the next meeting. Neal replied we have received two more since last Tuesday night. He suggested Staff could process those two applications and the Council could meet at 5:00 PM on March 20"' to interview them. He noted there were four applicants at last Tuesday's meeting, two of whom were interviewed at that time and two who will need to be interviewed. Butcher said she knows of one more who is just submitting an application. Neal said we have not put a hard deadline on applicants for the new commission. Young thought it would be good for Council Members to meet with the individuals if possible before the next meeting. Aho said he would agree if he could get a copy of the information prior to the meeting. The other Council Members concurred. Neal said he would get it on the applicants' calendars. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES March 6, 2007 Page 6 1. Reschedule Planning Session Neal said he would like to reschedule the Planning Session that was cancelled last Thursday. He said he will poll the Council Members by phone regarding dates available for the rescheduled session. 2. Recosnition by Twin Cities Area Labor Management Council Neal said the City of Eden Prairie has been recognized by the Twin Cities Area Labor Management Council for 15 years of having an active Labor Management Council (Local 49 in the Public Works, Parks and Utilities areas.) 3. Next Council Workshop Neal noted the Council will review the bid packages for the Community Center at the next Workshop meeting. He said the Parks Commission will hold a special meeting on Monday, March 19, to review the packages. He said we hope to have Council review and approval completed, at least on the major components of the package, at the next meeting. 4. Technology Task Force Neal said Staff will be presenting a proposal at the next meeting for a Technology Task Force. He said we have been discussing this process regarding the communications infrastructure within the City for some time. He said Staff has studied the process used quite successfully by Eagan in which they joined with businesses in the City to review the infrastructure, determine what they needed to have, and then propose how to get it. He said Staff will be proposing something similar at the March 20th meeting. 5. Use of"Councilmember" or "Council Member" Neal said he sent an email to Council Members today regarding their preference as to use of one word, "Councilmember," or two words "Council Member." He asked if Council Members had any input. Butcher thought there was more formality with the separation of the words and both words capitalized, and she preferred that form. The other Council Members concurred. 6. Citizen Advisory Commissions Neal said this matter started last year at his performance review with a goal to establish a new protocol for the relationship between the City Council and its citizen advisory commissions. CITY COUNCIL MINUTES March 6, 2007 Page 7 Neal said Staff has developed a proposal to implement that goal,based on discussions with Council Members and feedback from the Boards and Commissions. He reviewed the proposal which includes the following four major points: • Set up a standing presentation for each commission on the Council meeting agenda; • Establish a regular practice for the Council to consider the City's needs and to formally assign defined policy development tasks to commissions; • Establish a standard practice for each Commission to develop an annual Work Plan that describes their plans and goals for the year based on commission, staff and Council input and to have the plan reviewed and approved by the Council; • Set up meetings of the Mayor, City Manager, all commission chairs and staff liaisons once or twice a year to discuss policies, procedures, progress, ideas, etc. Nelson said she liked the idea very much. She would like to have the commission Work Plans addressed as separate Agenda items rather than just listed as items on the Consent Calendar. She thought that would bring more public focus onto the work done by the commissions. The other Council Members agreed. Aho thought it was important to have more formalized contact with the commissions, so he was very much in favor of the proposal. Duckstad agreed, noting we are fortunate to have wonderful citizen advisory commissions. Butcher thought this would also be a way to show our appreciation for the commissions and the hard work they do. They are very much a part of the good government process we follow in the City. MOTION: Duckstad moved, seconded by Butcher, to approve the new City Council-Citizen Advisory Commission Protocol as outlined in the March 6, 2007, Report of City Manager memo of March 6, 2007. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES March 6, 2007 Page 8 H. REPORT OF CITY ATTORNEY 1. Update on Sisn Litigation Rosow said the Minnetonka City Attorney sent out a copy of the District Court's order today that granted a temporary restraining order against the injunction regarding LED signs displayed in daytime but that did not grant an injunction regarding LED signs that displayed at night. He noted this is an issue that continues to unfold that we will continue to monitor. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 7:50 PM.