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City Council - 06/05/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 5, 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 Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:03 p.m. City Planner Michael Franzen and Community Development Director Janet Jeremiah were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. 2006 HUMAN RIGHTS AWARDS Pam Spera and Molly Koivamaki, representing the Human Rights & Diversity Commission, reviewed the history and purpose of the City's Human Rights Awards and announced the winners of the three awards for 2006: 2006 Human Riizhts Award—Non-Profit Organization Recipient Eden Prairie Presbyterian Church received the Non-Profit Organization award for their partnership with the Spanish Evangelical church Rey de Reyes to allow Rey de Reyes to worship at their facility on Saturday and Sunday afternoons. 2006 Human Riizhts Award—Individual Recipient Cindy Eddy received the Individual Recipient award for her many years of volunteer work at PROP that recently included her developing the PROP Shop, a resale shop designed to help local families in need. 2006 Human Riizhts Award—Business Recipient Sun Current Newspapers received the Business Recipient award for their series of articles entitled POVERTY: THE POOR NEXT DOOR. CITY COUNCIL MINUTES June 5, 2007 Page 2 B. MAGC (MINNESOTA ASSOCIATION OF GOVERNMENT COMMUNICATORS) AWARDS Neal introduced Communications Manager Joyce Lorenz who gave a short presentation on the MAGC awards the City recently received. Lorenz said the MAGC is a state-wide organization of government communicators representing cities, counties, and government agencies of all sizes. The Communication Division recently received two Awards of Excellence, one for the 2007 Spring/Summer Parks and Recreation Brochure and one for the 2007 Women's Fire Service Expo Public Information Campaign poster and other materials. They also received two Awards of Merit. C. MS. MINNESOTA PROCLAMATION Mayor Young proclaimed that the Mayor and City Council of the City of Eden Prairie, Minnesota, extend their best wishes and support to Ms Nicole Swanson in her capacity to represent the state of Minnesota as Minnesota's entrant to the Miss America Pageant. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the memorandum before the Council Members adding Item VII.G. ADOPT RESOLUTION 2007-68 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR THE SAFE & SOBER COMMUNITIES PROJECT. He also added Item XIV.B.2. Part II of Council Planning Session. MOTION: Duckstad moved, seconded by Nelson, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN FORUM/OPEN PODIUM HELD TUESDAY, MAY 15, 2007 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Open Forum/Open Podium held Tuesday, May 15, 2007, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, May 15, 2007, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION CITY COUNCIL MINUTES June 5, 2007 Page 3 Neal introduced Human Rights & Diversity Commission representative Pam Spera and Staff Liaison Molly Koivumaki. Ms Spera reviewed the charter and work of the commission. She said they meet with victims of bias and citizens who have issues of human rights or diversity. They also promote awareness in the community on issues of diversity. Ms Spera said the commission participates in selecting the winners of the Human Rights Awards. The commission had displays at the Eden Prairie Library to celebrate special monthly diversity events. They work with the Park& Recreation Commission to plan the annual International Festival and also work with other nearby communities for special events. The commission works on the items listed in their Strategic Planning chart on a regular basis. Mayor Young thanked Ms Spera for the report and for the commission's work. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-65 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION C. ADOPT RESOLUTION NO. 2007-66 APPROVING FINAL PLAT OF DELL STATION D. ADOPT RESOLUTION NO. 2007-67 APPROVING PARTICIPATION IN A RETIREMENT ENHANCEMENT BENEFITS PROGRAM (REBA) E. APPROVE CAFETERIA PLAN MASTER DOCUMENT F. APPROVE AGREEMENT WITH HENNEPIN COUNTY TO BECOME A REGIONWIDE PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM SUBSCRIBER AND TO BECOME AN INTERCONNECTED DISPATCH FACILITY ON THE COUNTYWIDE 800 MHZ TRUNKED RADIO SUBSYSTEM G. ADOPT RESOLUTION NO. 2007-68 AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR THE SAFE & SOBER COMMUNITIES PROJECT MOTION: Butcher moved, seconded by Duckstad, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. LIFE CHURCH Request for: Planned Unit Development Concept Review on 7.96 acres, Planned Unit Development District Review on 7.96 acres, Zoning District Amendment within the Public Zoning District on 7.96 acres and Site Plan Review CITY COUNCIL MINUTES June 5, 2007 Page 4 on 7.96 acres. Location: 14100 Valley View Road. (Resolution No. 2007-69 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the May 24, 2007, Eden Prairie Sun Current and sent to 82 property owners. He said the proposed plan shows an 8,412 square foot addition to an existing 21,000 square foot church. The applicant is requesting an exterior materials waiver from the 75% face brick, glass, and stone requirement to allow the existing wood to be replaced with a material called hardiboard. The church requested the hardiboard to be applied as a panel (Option A). The Planning Commission and staff recommended the hardiboard be applied as lap siding (Option B) in order to be consistent with the wood character of the existing building. The 120-day Review Period for this project expires August 28, 2007. The Planning Commission voted 5-0 with one abstention to recommend approval of the project at the May 14, 2007 meeting. Nicole Thompson, architect for the project, said the church wants to apply the hardiboard as panels in order to modernize the look of the building, to help with the scale of the building, to accommodate future plans for expansion and to decrease the cost. Butcher asked Thompson to describe the hardiboard material. Thompson said it is a durable fiber cement board and comes with a 50 year warranty. She said it is a highly used product and showed examples of its application on several buildings. Duckstad asked if the product has a track record for durability. Thompson said they have used it in many projects because of its durability, and the same product is used as a tile backer. She noted the church has experienced rotting of the existing siding, and this product is resistant to water and mold. Young said he understood the Planning Commission approved the use of hardiboard but wanted it applied as lap siding rather than as panels. He asked if it is primarily an issue of cost. Thompson said they feel it gives the facility a more modern look as well as cost factor of lower cost. Young asked to which buildings the 75% rule applies. Herron said it applies to the entire building. The applicant is proposing an 8,000 square-foot addition. The proposal for use of the hardiboard is for the existing 21,000 square foot church and a portion of the addition. Aho asked if this is the exact proposal presented to the Planning Commission or is it a new option. Herron said the exterior elevations did show the panel application. Nelson asked if they have a picture of what it would look like with the panel application versus the lap siding. Thompson provided two drawings comparing the two methods of applying the hardiboard. CITY COUNCIL MINUTES June 5, 2007 Page 5 Aho asked what the cost differential is. Thompson said the panel application is a 10% reduction in cost. Nelson said she agreed with the Planning Commission and staff as far as the looks of the lap siding goes and, typically, we do not look at cost as a hardship for variance. She was not in favor of looking at cost as a variance for this project either, and she would prefer to go with the Planning Commission and staff recommendation. Pastor Dale Sisam of Life Church said they want a facility that would enhance the community and requested the Council approve the hardiboard application as panels (Option A)because that would enhance the aesthetics and make it a more pleasing facility. There were no comments from the audience. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2007-69 for Planned Unit Development Concept Review on 7.96 acres; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public zoning district on 7.96 acres; and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Butcher said she had to agree with Council Member Nelson. She found it difficult to go against the Planning Commission and staff recommendation unless there is a compelling reason to do so. She was not sure if this is an aesthetic reason because aesthetics is a very subjective perspective. Young said he feels less compelled on this issue than Council Members Butcher and Nelson, and he was inclined to give the benefit of the doubt to the entity that is building the facility. Aho said he very much values the work of the Planning Commission and staff, but, if it is a reason of aesthetics versus function or longevity,he thought the view of the proponent takes some precedence in the matter. He said he would vote to go with the proponent's recommendations. Duckstad said he concurred with Council Member Aho and Mayor Young. AMENDMENT TO THE MOTION: Aho moved, seconded by Duckstad to approve the substitution of flat panels (Option A) instead of lap siding. Motion carried 3-2,with Butcher and Nelson opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 3-2, with Butcher and Nelson opposed. CITY COUNCIL MINUTES June 5, 2007 Page 6 B. LARIAT CENTER — APPLEBEE'S Request for: Planned Unit Development Concept Review on 5.85 acres, Planned Unit Development District Review on 5.85 acres, Zoning District Amendment in the Commercial Regional Service District on 5.85 acres and Site Plan Review on 5.85 acres. Location: Prairie Center Drive & Joiner Way. (Resolution No. 2007-70 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said Lariat Companies wants to change the exterior of both buildings in the Center. There are four architectural changes including roof line, exterior materials, sign location and adding flags. The building meets the code requirement for 75% face brick, glass or natural stone. The 120-day review period expires on August 15, 2007. He said the Planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting. He noted we received a request from the proponent at 3:00 p.m. today to make a substantial amendment to the project that was not considered by the Planning Commission. He recommended this be continued until the June 19"'meeting in order to refer it back to the Planning Commission for their meeting next week. City Planner Herron said the proponent was available to answer questions. Brian Klutz,representing Lariat Companies, said he discussed with Scott Kipp an idea of a more appropriate use for a portion of the building. He said they would be happy to go back to the Planning Commission; however, the owner of the property would accept approval as approved by the Planning Commission. He said they would like to reserve the right to take it back to the Planning Commission if it is approved. Herron said the proposal as submitted met the 75% requirement;however, this is a change in that approval from 75% to about 66% for the over-all building, which would require a waiver. She recommended it go back to the Planning Commission. Klutz said their suggestion is to consider all four sides of both buildings, and with that consideration the proposal exceeds 75%. Young said if proponent's request tonight is to consider something other than what the Planning Commission approved, we would not deal with that tonight. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing; to adopt Resolution No. 2007-70 for Planned Unit Development Concept Review on 5.85 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Commercial Service District on 5.8 acres; and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. CITY COUNCIL MINUTES June 5, 2007 Page 7 City Attorney Rosow said he wanted proponent to understand if the Council votes and approves the action as the motion states, then the option to go back to the Planning Commission for approval of something different would require proponent to go back through the process again. VOTE ON THE MOTION: Motion carried 5-0. C. VACATION OF PUBLIC RIGHT-OF-WAY EASEMENT AND SLOPE EASEMENT OVER PART OF EDEN ROAD, VACATION 07-03 Neal said official notice of this Public Hearing was published in the May 17, 2007 Eden Prairie Sun Current and sent to three property owners. He said the property owner has requested the vacation of the public right-of-way easement and slope easement to facilitate the proposed Windsor Plaza development plan. Prior to adopting the resolution vacating the portion of Eden Road right-of-way identified, a satisfactory determination regarding the relocation of existing private utilities within the vacated area is required. The developer of Windsor Plaza will be responsible for this. The Resolution for this Vacation will be presented for approval at a future Council meeting. Neal said the Council is being asked to hold a Public Hearing this evening,but to reserve the action for a later date. Dietz said this is something of a big deal for Windsor Plaza, and they want to know that the vacation of right-of-way is approved before they finalize for the project. There were no comments from the audience. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. ARTS & CULTURE COMMISSION Neal said the Arts & culture Commission is currently at six members and is under the maximum level of seven members because of the recent resignation of Diane Zielke. He reviewed the experience and qualification of Ms Rita McCormick, whose application for the Commission was received in the past two weeks. Neal CITY COUNCIL MINUTES June 5, 2007 Page 8 said he and Sandy Werts, the Commission's staff liaison, recommend Ms McCormick be appointed as a member of the Arts & Culture Commission. MOTION: Nelson moved, seconded by Aho, to appoint Ms. Rita McCormick to the Arts and Culture Commission for a term to end on March 31, 2009. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Sprint-Nextel Agreement Neal said after months of negotiations with Sprint/Nextel, an agreement has been reached whereby Sprint/Nextel will replace all radios currently operating on the City's "Multi-net"radio system. Fire Chief Esbensen explained the frequency used by Sprint/Nextel cell phones was interfering with the public safety radio systems. In the 2005 agreement with the FCC, Sprint/Nextel agreed to move public safety radio systems that have interference from the Sprint/Nextel cell phone frequencies to other frequencies at no cost to the public safety entity that is impacted. The recent negotiations occurred to determine how much the interference was impacting us. Neal said Sprint/Nextel agreed to all of the terms we discussed with them starting back last November. Under the negotiated terms all of the approximately 1000 radios used by the City, the School District and Southwest Metro Transit will be replaced at a cost of almost$3,000,000. He said this will help us make the transition to a regional radio system. Aho said he appreciated the work done on this and noted this represents a major cost saving to the City. Neal said part of the settlement was not only getting the equipment but also reimbursing us for time spent by legal counsel and staff. Esbensen said it should be virtually a no-cost deal for the City. MOTION: Duckstad moved, seconded by Butcher, to approve the agreement with Sprint Nextel for the replacement of all City, School District and SouthWest Metro Transit radios. Motion carried 5-0. 2. Part II of Council Planning Session Neal said Part II of the Council Planning Session will be scheduled for July. He said Lorene McWaters will call the Council Members to check their CITY COUNCIL MINUTES June 5, 2007 Page 9 schedules. The goal for this Planning Session will be to use the information from the first session to affirm or change our mission, vision, and key objectives. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Technolou Drive Streetscape/Landscape Project, I.C. 07-5691 Dietz said the Council authorized reconstruction of Technology Drive between Mitchell Road and SouthWest Station in 2005, and the road construction was completed in 2006. The streetscape/landscape features were removed from the road construction contract, with staff committing to review these elements and prepare a plan that creates a more "walkable communities" standard. Dietz reviewed three concept plans developed by SRF Consultants for the project. He noted the three concept plans were taken to the three adjacent property owners, MTS, ADC and St. Andrews Lutheran Church. The property owners liked the third concept plan, which is an informal arrangement and includes some of the plantings on adjacent properties. He said there will be an entrance feature on both sides of the street on the east side at Mitchell and Technology Drive that will include a fence, a monument containing plantings, and brick patterns in the sidewalk. Bollards will be placed to delineate the pedestrian crossings. The plantings will be informal, perennial plants so there will be minimal maintenance after the first year. Dietz said the irrigation system will be tied into the systems at ADC, MTS and St. Andrews. The City will pay to install the system, and they will pay for ongoing maintenance. We plan to use current technology that will reduce water usage by 30-70%. If necessary some of the Water Surcharge Funds will be used to finance the system so we can use it as a demonstration project of what could be done with better technology. The available budget for the project is $283,000 and the estimate is about$275,000. The request before the Council tonight is to approve project plans and specifications and order advertisement for bids. If approved tonight, bids would be opened on June 14 and the results brought back to the Council at the June 19 meeting. Nelson asked if electricity is available at the entrance in case we should decide to put in lights in the winter months. Dietz said there is electricity in the right-of-way because we have the 25-foot street lighting. Staff looked at low scale pedestrian lighting in the corridor,but we couldn't get an agreement with Excel Energy to add pedestrian lighting. Nelson said she was thinking of the small lights similar to those used at SouthWest Station CITY COUNCIL MINUTES June 5, 2007 Page 10 during the winter months, at least at the ends of the block. Dietz said he thought that could probably be added later because there is electricity in all of the poles. Butcher thought the plan was wonderful, it is consistent with the whole area, and it helps fulfill our vision to create a downtown and tie all the surrounding portions into it. She noted this area is highly used as a walking area, and this will enhance the walking paths available. Dietz noted this will be a two-phase plan because the City Forester advised waiting until spring for some of the plantings; however, most of it will be planted by this fall. Staff is looking at doing this as a type of entree into the "walkable communities" idea. MOTION: Aho moved, seconded by Butcher, to approve plans and specifications and order advertisement for bids for I.C. 07-5691, Technology Drive Streetscape/Landscape Project. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Proposed FCM Resolution Rosow said the City Council asked that he review the resolution submitted to the City by a resident in regard to the City's official position regarding expansion at Flying Cloud Airport. He reviewed the six parts of the proposed resolution. Rosow said he reviewed the agreements the City had in place to see if the proposed resolution was in keeping with the agreements or if there were areas of potential conflict. He said the attention was being paid to the Final Agreement entered into between the City and the Metropolitan Airports Commission (MAC) after months and months of negotiations. However, at the same time the Final Agreement was being negotiated, there was a Memorandum of Understanding written concerning cooperative solutions to infrastructure,right-of-way easement and park needs between the City of Eden Prairie and MAC regarding Flying Cloud Airport. Rosow said the proposed resolution goes beyond the final agreement, which states essentially the City shall not oppose the expansion of the airport. The expansion of the airport includes the parallel runways, development of property for new hangar construction, acquisition of additional property, and minor changes in their proposed capital improvements. The Final Agreement says the City shall not take action as a City to oppose that expansion. CITY COUNCIL MINUTES June 5, 2007 Page 11 Rosow said the proposed resolution goes beyond that and states the City of Eden Prairie cannot and will not support or oppose plans for development at Flying Cloud Airport. He said the Final Agreement says nothing about supporting development, therefore he determined the proposed resolution breaks new ground. The language of the proposed resolution causes concern because of the Memorandum of Understanding. The Memorandum of Understanding has built into it certain aspects of cooperation between the City and MAC regarding the improvement of the infrastructure that serves both the City and MAC and eventually would serve some of the new areas if and when MAC expands. In that regard, the proposed resolution goes counter to the Memorandum of Understanding because it is very easy to interpret the proposed resolution to say the City would not take actions that it had contemplated taking in the Memorandum of Understanding. Rosow said the proposed resolution would be ill-advised because of the potential that it would prohibit the City from doing what the Memorandum of Understanding understood was to happen. The last paragraph of the proposed resolution states the City would not take any action to repeal the resolution without making good faith efforts to notify, meet, and discuss with residents. The problem in that portion is the notion of"good faith efforts," which is a concept similar to the issue discussed earlier tonight regarding aesthetics. He said the City is bound by State statutes to give proper notice regarding certain types of action. At certain times the Council has given specific instructions to staff to go beyond those instructions. He thought it is ill-advised to have a"good faith" standard because that is left to interpretation. The City is governed by State law in this regard and State law is the guide. That portion of the proposed resolution also attempts to bind the hands of the Council in a manner it should not be bound. The Council should not adopt a resolution that limits its authority to act in the best interests of the entire city, and the Council should have objective standards by which you notify people and objective standards by which you are judged as to whether deliberations are appropriate. Butcher said residents have been very concerned and they want to be secure about what was stated in the agreements. She asked if it would make sense to have a resolution that would echo the Final Agreement as a statement regarding what this City stands behind. Rosow replied he would see nothing objectionable in that;however, there have been some changes in the method by which the Memorandum of Understanding is being carried out and we would want to look at those. He would not want to bind the City to things that are impossible to do, and there are many things that have been accomplished and are done. 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 8:35 p.m.