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City Council - 10/02/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 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 Angie Perschnick I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:01 PM. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. CHANGE A LIGHT PROCLAMATION Mayor Young proclaimed October 3rd, 2007 as Energy Star Change a Light Day. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted a few changes to the agenda. There is a new Exhibit A for IX.A. The Pointe on Lake Riley. Neal added there is a slight change to the legal description for a part of Eden Prairie Road that is being vacated (Consent Agenda Item VIILF.). Neal added Consent Agenda Item VIILG., which is the Eden Prairie 911 —Positron Viper item. Mayor Young noted he had a minor item he wanted to discuss during his report. MOTION: Butcher moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2007 MOTION: Butcher moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, September 18, 2007. Motion carried 4-0. CITY COUNCIL MINUTES October 2, 2007 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2007 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Meeting held Tuesday, September 18, 2007. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ARTS & CULTURE COMMISSION Ann Rorem, chair of the Arts & Culture Commission, gave an update on what the Commission is doing and discussed the many Arts and Culture programs. She stated their mission is to improve the quality of life in Eden Prairie through arts and culture. 15,000 people attend the Arts and Culture programs in Eden Prairie. Council Member Butcher noted that she is impressed with the large number of people that the Arts & Culture Commission serve through their programs, and she thanked Ann Rorem for her hard work. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-104 REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM JEWISH VOCATIONAL SERVICES (JVS) TO THE YMCA CHILD CARE PROGRAM C. APPROVE SCOREBOARD AGREEMENT WITH THE EDEN PRAIRIE BASEBALL ASSOCIATION D. APPROVE SECOND AMENDMENT TO THE PURCHASE AGREEMENT FOR SALE OF LOT 1, BLOCK 1, OUTLOT C— COLUMBINE ADDITION (PRESBYTERIAN HOMES) E. AWARD CONTRACT FOR RILEY LAKE ROAD CULVERT REPLACEMENT TO MINGER CONSTRUCTION, I.C. 07-5693 F. ADOPT RESOLUTION NO. 2007-105 AMENDING RESOLUTION NO. 2007-91, TO CORRECT DESCRIPTION OF PARCEL 1,A PART OF EDEN ROAD VACATION 07-03 G. AWARD BID TO QWEST FOR POSITRON VIPER FOR 911 SERVICES MOTION: Aho moved, seconded by Butcher, to approve Items A-G on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS CITY COUNCIL MINUTES October 2, 2007 Page 3 A. THE POINTE ON LAKE RILEY—LEU Request for: Planned Unit Development Concept Review on 2 acres, Planned Unit Development District Review with waivers on 2 acres, Zoning Amendment within the R1-22 Zoning District on 2 acres, Preliminary Plat of 2 acres into one lot. Location: 9100 Stephens Pointe. (Resolution No. 2007-106 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning Amendment; Resolution No. 2007-107 for Preliminary Plat) Neal stated the official notice of this public hearing was published in the September 20, 2007, Eden Prairie Sun Current and sent to 8 property owners. The project is to replat 3 lots into one single-family lot consistent with the requirements of the R1-22 zoning district. This project is an amendment to the 2004 approved Point on Lake Riley plan. The approved plan is for 4 single family lots and 1 outlot. The Planning Commission voted 8-0 to recommend approval of the project at the September 10, 2007 meeting. Steve Kleinman, a representative from SKD Architects, spoke as the architect for the project. He introduced the new property owners, Jeff& Karen Luke. MOTION: Aho moved, seconded by Nelson, to Close the public hearing; adopt the Resolution for Planned Unit Development Concept Review on two acres; and approve the first reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the R1-22 Zoning District on two acres; and adopt the Resolution for Preliminary Plat on two acres into one lot; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote with Aho, Butcher, Nelson, and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE RELATING TO SNOW REMOVAL ON SIDEWALKS AND TRAILS Nelson stated it is unclear at this point that the Ordinance covers only the sidewalks and trails adjacent to homes, not the trails behind people's homes that may be inaccessible to property owners. The map shows that the Ordinance does not cover trails behind people's homes,but the Ordinance needs to be clarified so the wording reflects this clearly. Butcher also noted that the Council plans to include consideration of people who are not physically able to clear snow when reviewing the Ordinance. CITY COUNCIL MINUTES October 2, 2007 Page 4 Gene Dietz said this is the first time the City is considering an ordinance to require homeowners to remove snow from adjacent sidewalks and trails. The City will use the "spine system" to prioritize sidewalks and trails along higher volume roads for snow removal, and the City will continue to maintain these sidewalks. The essence of the Ordinance is that people would have 24 hours to remove snow after the cessation of the snowstorm for single family and duplex properties. For apartment complexes,businesses and retail, they would have 8 daylight hours to remove the snow. The City will manage this the same way they do the weed ordinance: if they receive a complaint after the 24 hours have expired, they will notify the property owner with a posted notice and give them 24 additional hours to remove snow. If the property owner fails to comply, they will be billed for a contractor hired by the City to do the work. Dietz said the proposed Ordinance needs clarification this evening before the Second Reading to specify exactly where the responsibility lies for trails and sidewalks in response to the issue Nelson raised. They will also eliminate the reference to sand and salt for ice control in the Ordinance. In regard to helping seniors and those who need additional support, Dietz recommended that a written notice to be sent to all residents. He suggests including a plea for residents to ban together to help their elderly or disabled neighbors. Aho noted this is not a reduction in the amount of trail and sidewalk clearing that will be accomplished by the City,but rather it is a plea to residents to get the sidewalks and trails cleared at a higher service level. Aho requested and Dietz responded with the number of miles of trails and/or sidewalks cleared by the City. Today the City plows approximately 78 miles of trails and 38 miles of sidewalks for a total of 116 miles; after the ordinance is adopted, the City will plow 109 miles of sidewalks and/or trails. This Ordinance will require an additional 73 miles to be plowed by property owners in addition to the clearing done by the City. Additional equipment will need to be acquired, and extra overtime hours may be needed. Aho stated this Ordinance should be beneficial to children walking to and from school and to residents who enjoy walking outside in the winter. The City hopes to make a significant improvement to the ability for residents to walk on the sidewalks and trails in the winter. There will be increased priority to pedestrian facilities leading to and from schools, and secondarily they will handle the trails and sidewalks in the parks. Most of the time, they should be able to cover both areas in the same days, but after very heavy snowfalls there may be a delay in sidewalks and trails in the parks. Butcher reminded residents that this is a First Reading of the Ordinance, and there will be some changes made to the Ordinance before the Second Reading. She said residents may email or call Council members with their concerns and opinions regarding the Ordinance. Nelson noted this Ordinance would include more trail and sidewalk clearing overall, not less. CITY COUNCIL MINUTES October 2, 2007 Page 5 Dietz noted residents may visit the website by the end of the week to see the responsibilities of property owners for maintaining sidewalks and/or trails near their homes. Mayor Young noted the goal behind this is to increase the overall snow removal process for city residents, and he shares the concern raised by Butcher that they need to put appropriate safeguards in place so the Ordinance will not be punitive to residents unable to clear their sidewalks and/or trails. MOTION: Aho moved, seconded by Butcher, to approve First Reading of an Ordinance Relating to Snow Removal on Sidewalks and Trails. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS Butcher recognized Lyn Jerde of the Sun Current newspaper as this is her last night covering the City Council meetings. Butcher noted she appreciates Jerde's insightful and gifted way of reporting on activities in the City. Lyn Jerde read her new address into the record for those who may want to stay in touch with her: 4526 Hollow Ridge Road, Madison, WI 53704. She thanked the Council and staff for the universal accessibility she has received from past and present elected members and staff. They have been good at responding to and serving as sources for her reporting assignments. Mayor Young advised the Council and community of the passing of Ray Mitchell, the founder and first Chief of the Eden Prairie Fire Department. He also served the school district and retired after 35 years of service as the Director of Buildings and Grounds for the School District. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Dunn Bros./Smith-Douglas-More House Neal provided a report on behalf of Janet Jeremiah, who was not able to attend the meeting. For the Dunn Bros./Smith-Douglas-More House item, new information has been discovered, questions have been asked, and staff recommends delaying any action or significant discussion on that item until the October 16 meeting. Aho noted he has been meeting with members and leaders of the community, and they have been looking at creative options for keeping this house as a community property. One option would be private CITY COUNCIL MINUTES October 2, 2007 Page 6 ownership with a non-profit organization such as the Eden Prairie Foundation running it. They could keep the City from being responsible for managing the property,but they could still maintain the current use of the home. In addition, the Foundation would then have a home for holding their meetings. There will be more details to follow on this topic in the future. Mayor Young agreed with Neal's recommendation to delay significant discussion for a future meeting. Mayor Young reiterated no decision has been made on the Smith-Douglas-More House, and he does not know what decision will be made in the future. The issue arose for the first time about four to five months ago, and Mr. Lindahl said that a new parking lot might be a necessary inducement for the current tenant to renew the lease. Mayor Young would support spending $30,000 to renew the lease with the current tenant. Another month went by, and Mr. Lindahl said a further inducement might be needed for the current tenant to renew the lease. Mayor Young was not sure if he would support that or not. Then they opened the books and discussed possible rent and property tax reductions that may be needed for the current tenant to be in a financial position to be able to renew their lease. During that discussion, they started talking about options beyond renewing the lease. Mayor Young considers it paramount that a good financial decision is made for residents. He wants to make sure that the facts are presented to the Council so a good decision can be made. There may be a point where the rent is so low and demand so high that it may not make sense to renew the lease. They need a lease that would guarantee payment so they can be good stewards of taxpayers' money. They are still looking at options, and no decision has been made at this time. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Healthcare Reimbursement Contracts Parks & Recreation Director, Jay Lotthammer, presented the Healthcare Reimbursement contract information. He stated this program is a good recruitment tool for the Community Center membership by making membership more affordable. At this time, he proposes the City enter into an agreement with two of the partners (HealthPartners and Medica Health Plans/MRPA), and his intention would be that agreements would be entered into with three other partners in the future. Nelson applauds these types of efforts and approves of the $750 registration fee for the program with Medica Health Plans/MRPA. MOTION: Aho moved, seconded by Butcher, to approve the agreements with HealthPartners Frequent Fitness Program and Medica CITY COUNCIL MINUTES October 2, 2007 Page 7 Health Plans/MRPA insurance to provide an insurance reimbursement opportunity for Community Center members. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 7:45 PM.