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City Council - 03/01/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 1, 2005 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 Theresa Brundage 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. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the addition of Item XIILD.2 Picha Property Grant Consideration. He also noted a correction to the resolution for Columbine road improvements, Item VLD, and added two items under Report of City Manager. MOTION: Young moved, seconded by Aho, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 15, 2005 MOTION: Case moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, February 15, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 15, 2005 Case made a correction to his comment on Page 9, 81h paragraph, 2nd sentence. He said the word "safety" should be replaced with "eligibility for LAWCON funding." MOTION: Aho moved, seconded by Young, to approve as amended the minutes of the City Council Meeting held Tuesday, February 15, 2005. Motion carried 5- 0. CITY COUNCIL MEETING March 1, 2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HERITAGE PINES (2004-31) By David W. Durst. Second Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 1.65 acres and Resolution for Site Plan Review on 1.65 acres; Location: 17621 Pioneer Trail (Ordinance No. 4-2005 for Zoning District Change and Resolution No. 2005- 37 for Site Plan Review) C. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 D. ADOPT RESOLUTION NO. 2005-38 AUTHORIZING ACQUISITION OF EASEMENTS FOR COLUMBINE ROAD IMPROVEMENT, I.C. 52-130 Tyra-Lukens asked when work will begin on Columbine Road. Dietz said most of the grading was done last fall, and hopefully the project will be complete by the end of this year. MOTION: Young moved, seconded by Case, to approve Items A-D of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. TECHNOLOGY PARK 9TH ADDITION PRELIMINARY PLAT (CHALLENGE PRINTING) (2005-8) by Dan Hughes, Landform. Request for Preliminary Plat of 6.51 acres into one lot. Location: 7500 Golden Triangle Drive. (Resolution No. 2005-39 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the February 17, 2005, Eden Prairie Sun Current and sent to 7 property owners. He said this is a preliminary plat of 6.51 acres into one lot. A preliminary plat for this site was approved on January 17, 1995, which combined an outlot with an existing lot to accommodate a 23,000 square foot building expansion for Challenge Printing. The building addition was completed but not the final plat. Since nine years have elapsed between the preliminary and final plat, the City Attorney recommended holding a public hearing for the preliminary plat. The preliminary plat conforms to the subdivision regulations and a conservation easement will be recorded over the wetland and wetland buffer. Final plat approval is located under Ordinances and Resolutions. Neal noted that final plat approval is located under the Ordinances and Resolutions section of tonight's meeting. Case asked if this is identical to the approval given 10 years ago and if nothing within the wetland law has changed. Dietz said there is one change - the adoption CITY COUNCIL MEETING March 1, 2005 Page 3 of wetland regulations, so now a wetland buffer strip is required and there is a conservation easement that was not required 9 years ago. There were no comments from the public. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing and adopt the Resolution for Preliminary Plat on 6.51 acres into one lot. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case 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." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE CHANGING THE STREET NAME OF EAST/WEST PORTION OF FULLER ROAD TO WEST 79TH STREET Neal reported that Staff is proposing a street name change, in order to end the confusion regarding the addressing of two businesses that front Fuller Road but are addressed from West 781h Street. He said the businesses are addressed from West 781h Street but with Hwy. 5 reconstruction, there isn't access from the Highway. We are proposing to change the numbering from odd to even and also to change the street name of the east/west portion of Fuller Road, which the businesses now front, to West 79h' Street. A new proposed building would also share this new identity. This action would help alleviate confusion at Fuller Road businesses. The affected property owners have been contacted and the consensus has been approval of the street name change. MOTION: Case moved, seconded by Young, to approve First Reading of an Ordinance changing the street name of the east/west portion of Fuller Road, lying easterly of the north-south portion, to West 79h' Street. Motion carried 5-0. B. RESOLUTION NO. 2005-40 APPROVING FINAL PLAT OF TECHNOLOGY PARK 9TH ADDITION Neal said this proposal is for the plat located at 7500 Golden Triangle Drive. The plat consists of 6.52 acres of property to be platted into one lot. The proposed replat of Lot 1, Block 1 and Outlot A, Technology Park 8h'Addition falls under the guideline for a "simple subdivision" defined within City Code. He said when complete, this replat will accommodate a future Challenge Printing building expansion. The preliminary plat and Second Reading of the Rezoning Ordinance and final approval will be completed on March 1, 2005. Approval of the final plat is subject to the following conditions: CITY COUNCIL MEETING March 1, 2005 Page 4 • Receipt of engineering fee in the amount of$795.44 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor • Revision to plat shall include centering the existing 20' wide drainage and utility easement over the existing 60" storm sewer. • Revision to plat shall include expanding the drainage and utility easement 25' beyond the edge of the wetland. • Prior to release of the final plat, Developer shall submit and receive approval of a Conservation Easement from the Environmental Coordinator. MOTION: Young moved, seconded by Case, to adopt the resolution approving the final plat of Technology Park 9"'Addition. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Consideration of a Budget Task Force—Councilmember Young Young said he has, over the last few months,requested staff compile information for later use during the budget process and he is hopeful that information will assist the Council. He suggested that the Council also consider putting together a task force where citizens could be pulled in to assist in the budgeting process. Young said on a per capita basis, he is convinced the city has a higher concentration of CEOs, CFOs and COOs than anywhere in the metro area and he would like to get that private sector expertise as an advisory tool for the budget process. Young said this is just an idea now and he would like to get information from staff to see if other cities do something like this. He said he would like the Council to give it individual thought and talk about it as we move into the budget process. Tyra-Lukens said she thinks it's a good idea. She said there is some value to it,but she would like to get information on what other cities are doing to find out what the trials and tribulations have been and whether it has actually been helpful. Butcher said it is a good idea. She said if we decide to do a task force, it is good to think broadly about who may be on it, not just CEOs and CFOs. CITY COUNCIL MEETING March 1, 2005 Page 5 Aho agreed that it is a good idea because there is such a wealth of people in Eden Prairie who are experts in the financial field and it would be helpful to draw on that pool of knowledge. Case said it is a good idea but he has two cautionary notes. He said the budget is ours and should always remain ours. He said these five councilmembers are responsible to the constituents for that budget and the budget is the single living document that best expresses our values and it should remain clearly under the domain and responsibility of the five councilmembers. Case said there is incredible expertise among city staff and he wants to make sure we continue to use the staff we have. He said if we were implying that our staff is somehow not capable of giving adequate advice,he would have a problem with that notion and he feels great trust in their abilities to advise the council. He said he would be willing to look at pulling in, on a short-term basis, people with different ideas that may assist the council in making decisions on the budget using city staff to help guide the council. Young said he wants to make it clear that his suggestion was not intended as a criticism of staff and anything from the task force, if it is formed, would be advisory. He said he would not dream of this council advocating its discretion on budgetary issues at all. Neal said a study worked on jointly between the city's finance manager and Plymouth's finance manager will be released later this week. He said it will show how Eden Prairie compares to Plymouth in how the cities handle financials. He said there are different philosophies about budget control,but what drives our budget are quality of life issues and operational issues where the council has more authority than staff or an appointed task force. Neal said he thinks it is right to reserve the power that the most important thing as councilmembers is to direct staff on how to use city resources. Neal said staff will look at what other cities are doing and will bring back information on how Eden Prairie compares. B. REPORT OF CITY MANAGER Neal reported that this is the last meeting for Council Recorder Brundage who has been here nearly 3 years and the city is looking for a replacement for this position. Neal distributed to councilmembers a copy of the 2005 Work Plan. He said these are details of what is included in the 2005 budget and this will be reviewed mid- year and at the end of the year to measure whether or not we were successful in completing our work plans. Neal reported he recently returned from a 9-day trip to the United Kingdom. He said he went there at the request and funding of the Office of the Deputy Prime Minister for the United Kingdom as part of the Civic Leadership Blogging Project under the National E-Democracy Project. He said he visited three different"think CITY COUNCIL MEETING March 1, 2005 Page 6 tank" organizations —the Power Inquiry, the Open Knowledge Forum and the Hansard Society. Neal said at Oxford University,he met with their E-Democracy professor and also met with Surrey County; Wychavon District Council in rural Worchestershire County; and city government officials of North Lincolnshire, Bristol, Kingston-upon-Thames, Lewisham, and Tower Hamlets. He said he also met with two organizations in the national government—the Office of the Deputy Prime Minister and the Home Office which is the equivalent of their Homeland Security office. Neal said the driving force behind this trip was a concern in the labor party and the Office of the Deputy Prime Minister about sagging voter turnout in elections and what they believe is a continual disconnect of citizens to government. Neal said their councils ranged from 40-70 members and they were surprised that city government could be operated with only 5 members. He said it was a great learning experience and the leadership groups are similar to our councilmembers,just more partisan in how they vote and analyze things. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Winter Recreation Area Concept Feasibility Study and Concept Plan In January, the Eden Prairie Hockey Association requested the City Council consider studying the feasibility of creating an outdoor winter recreation area that may include two outdoor refrigerated hockey rinks, a large outdoor free skating rink, with music, a concession stand that would serve these users and would include an outdoor plaza where people might enjoy hot chocolate, snacks, etc. while watching skaters and listening to music. The concept would hopefully be able to serve other winter recreation facilities and would become a focal point in the community during the winter months. The concept should also include how these facilities would be used during the remaining spring, summer and fall months. Lambert reported that the request for proposals was sent out January 18, 2005 and two were received. He said Ingram& Associates bid $13, 500 and SRF bid $23,489 and both firms are qualified to do a feasibility study like this. MOTION: Case moved, seconded by Butcher, to award a contract for services to Ingraham& Associates to develop concept plans and cost estimates for construction and projected operating costs for a winter recreation area for Round Lake Park, and for Staring Lake Park, at a cost not to exceed $13,500. Motion carried 5-0. 2. Picha Property Grant Consideration Lambert said he has had discussions with Terry and Dwight Picha. He said the two are cousins and Terry represents one side of the family and Dwight CITY COUNCIL MEETING March 1, 2005 Page 7 the other. He said they all own the 4 acres together and Dwight's side of the family would like to sell the property as soon as possible and Terry's side would like to hold onto it for a while with hopes that it could be bought by the city. Lambert said he suggested splitting the property in half and allowing the city to apply for a grant for half the property and buy 2 acres of it. He said there is some benefit to splitting the property in that with a smaller grant application you have a better chance of getting the money. Lambert said Terry asked if the city would intend to acquire the additional two acres in the future and Lambert said the Council could not commit to that now but it could at least be in the Park and Open Space Plan to acquire it in the future. Lambert said the deadline for the grant application is March 31, 2005. He said if the land is split, the appraisal would need to be updated. He said assuming the asking price for the 4 acres is $850,000, with half of that being $425,000 for two acres, the city's estimated cost would be $212,000 with a 50 percent matching grant. He said the Friends of Birch Island Woods have committed that they would try to raise $100,000 to buy down the city's cost, so the final cost to the city would be about$112,000 for two acres. Lambert suggested at least applying for the grant and going through the process. He said the commitment tonight would be for about$1,000 to upgrade the appraisal. Aho asked how much property is required to remove the LAWCON grant restrictions on the Cummins Grill House. Lambert said it isn't the amount of property, it is buying something of equal or greater value, so if we want to proceed with that action, we'll also need an appraisal of the Cummins Grill House. He said there is also a requirement that the gain to the Park and Open Space system is of equal or greater value as well. He said there have been some preliminary discussions with people at the State and they are supportive of the city's LAWCON application and the acquisition of the Birch Island Woods parcel, so he believes this would work for the exchange. Case said he would like to see the Council give decisive direction to Staff on both of these issues because they are necessary routes that will compliment each other. He said we cannot get private dollars into the Cummins Grill homestead unless we remove the LAWCON grant. He said if we're going to be purchasing land anyway, he would like to see the Council direct Lambert to get the appraisal on the Cummins Grill. Case said he has no problem in moving the Birch Island Woods property to the top of the list because it is available now. He said he does have a problem with spending $850,000,but we have found a way to walk into it CITY COUNCIL MEETING March 1, 2005 Page 8 slowly and possibly pull other dollars that would lower that amount. Case said he would like to proceed with the grant application and let the Friends of Birch Island Woods raise dollars because he believes they could be successful in doing so. He said if the Cummins Grill LAWCON money comes in and if half of the Picha property holds off selling, the city will eventually get the entire 4 acres. He said he thinks we need to move on both of these, knowing that they are not dependent on each other and one is not driving the other. Rosow commented that the memo states "Terry Picha's family would want some assurances that the City would intend to acquire the remaining two acres at some time at market price." He said he would caution the Council that by including such an intent in this resolution, it would be questionable whether this would be an agreement to purchase at market price at some undetermined date. Rosow said he would not want someone to say that was an agreement. He said by going ahead with the grant to look at acquisition is appropriate,but he would not want anything in the Council's discussion to indicate that they agree to intend to acquire this property. Case asked if we are allowed to split the 4 acres, would there be concern that in the future, the remaining 2-acre parcel is not as valuable as when connected as 4 acres. Lambert said the concern from Terry Picha's point of view is that it will be more difficult to justify the extension of water and sewer services to serve 2 acres as it would be to 4 acres. Case said he would hope that the city would not take advantage of a situation that it created that would lessen value of that land. Lambert said if Terry Picha were here,he would not want it on record as saying that they have no intent to develop the property and their preference is that it goes to the city. Rosow clarified that the motion is just to authorize seeking the grant for acquisition of 2 acres and nothing beyond that. MOTION: Case moved, seconded by Butcher, to authorize staff to apply for a Natural and Scenic Area Grant for acquisition of two acres of the Picha property. 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 XIV. OTHER BUSINESS CITY COUNCIL MEETING March 1, 2005 Page 9 XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:40 p.m.