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City Council - 03/04/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 4, 2008 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 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 479 from Cedar Ridge Elementary School for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. RECOGNITION OF SHOPPING BUS VOLUNTEERS Young said the Shopping Bus is a collaboration of the City of Eden Prairie, SouthWest Transit, FamiLink Resource Center and several local social services agencies. It was started in 2004 as a way to help disabled and senior citizens who live independently get to various shopping destinations once a week. Mary Keating, Housing & Community Services, introduced each of the Shopping Bus volunteers and noted they are the backbone of the system. Young said the Shopping Bus is a wonderful service and thanked all of the volunteers. B. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT Michael Casanova, Chair of the Riley-Purgatory-Bluff Creek (RPBC) Watershed District,reviewed the work of the RPBC Watershed District. He said it comprises about 47 square miles, including a significant portion of Eden Prairie. The five members on the RPBC Board are appointed by Carver County and Hennepin County. The Watershed District has the power to levy and spend money, with 80% of the funds coming from Hennepin County and 20% from Carver County. They have no employees and rely on the use of consultants in order to make the most of the funds available for projects. There is a ten-member Citizen Advisory Committee that meets with the coordinator,reviews non-degradation plans, and CITY COUNCIL MINUTES March 4, 2008 Page 2 recommends and prioritizes projects. There is a Technical Advisory Committee composed of ten engineers or city staff members from six municipalities in the Watershed District. He reviewed their ten-year plan and the projects they expect to work on during that time. He noted any of the municipalities can petition the RPBC Board to include a project in the work plan. Mayor Young thanked Mr. Casanova for his report and for the hard work of the RPBC Board Members. C. CEMETERY TASK FORCE REPORT Stu Fox, Parks & Natural Resources, introduced Lee Wenzel, the Chair of the Pleasant Hill Cemetery Task Force. Mr. Wenzel reviewed the charter for the task force that was appointed in 2005 and presented the recommendations from their report. He said the task force reviewed the rules and regulations, the current supply and demand for lots, and the general aesthetics of the cemetery. They recommended improvements to be added in the 2006-2010 Capital Improvement Plan (CIP). Butcher said she believed the recommendations were right on, and she thought the cemetery has a look that needs upgrading. She asked about the number of graves left. Wenzel said there are 478, or about one-third, remaining for sale. Butcher asked if there is easy access to Section 3. Wenzel said there are two gates now, and they have suggested extending the drive at the second gate to go to the end of the property. He noted there is also a gate to the Pax Christi parking lot that is frequently used. Butcher said she was concerned about the access to Section 3, and she thought extending the drive would be helpful. Aho said there are a number of recommendations that sound necessary, and he asked if they have any idea of the cost for the improvements. Wenzel said the issue of cost was really beyond the scope of the task force. There were significant funds for perpetual care that became available when the City acquired the cemetery, but the task force did not discuss those aspects. Young said the second part of the proposed motion before the Council directs staff to prepare the necessary paperwork to implement the recommendations, and he wanted to make sure of what the Council would be voting on. Neal said it would be to begin the paperwork or necessary plans to implement the recommendations, including investigation of revenue sources. Young thought the proposed motion should be changed to be more specific as to which recommendations are being voted on. Fox said there will be several documents coming back to the City Council on this item,including rules and regulations that must be adopted as a resolution. The capital outlay items will come back to the Council for approval. He said the City Council is the official Cemetery Board. Young asked if that means the motion does not contemplate the expenditure of capital funds. Neal said the recommendations CITY COUNCIL MINUTES March 4, 2008 Page 3 are not included in our current CIP, and staff would need to bring the recommendations through the process. Duckstad asked if they are not including any specific recommendations in the motion. Fox said they would bring recommendations back to the Council as necessary. Butcher asked if that means we are just receiving the report. Young said that was how he viewed it. MOTION: Butcher moved, seconded by Duckstad to accept the Pleasant Hill Cemetery Task Force Report dated March 4, 2008. Motion carried 5-0. D. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION 2007 REPORT AND APPROVE THE 2008 GOALS AND WORK PLAN Rick King, Chair of the Flying Cloud Airport Advisory Commission, reviewed their 2007 report and their 2008 goals and work plan. He noted many of the 2007 goals are continued in 2008. The commission changed from quarterly meetings to meeting every other month. The commission prepared a report on helicopter traffic at the airport at the request of the City Council. He said they plan to continue to work very hard on their relationship with the Metropolitan Airports Commission (MAC) and local organizations. They received an extensive presentation from Laura Neuman, representing the Zero Expansion organization. Jeff Larsen, Vice Chair of the commission, said they strive to reduce the impact of airport noise on the community. They advise the City Council about airport matters as requested. They continue the review and monitoring of the Final Agreement in cooperation with MAC, and will continue to encourage input from the public concerning issues at Flying Cloud Airport. They will schedule speakers who are of interest to the commission in order to stay up to date with technology. They plan to continue the interchange of ideas and information between the airport, the City of Eden Prairie, MAC, FAA, citizens and businesses. They review the data on noise at the airport at each commission meeting. Nelson thanked the commission members for all they did on airport noise issues last year. She was grateful the City Council can forward complaints from citizens to the commission to investigate. She thought their security report was good and noted that is a continuing interest of hers. Larsen said the security report was the first they know of in the United States, and Tom Heffelfinger was instrumental in developing that report. Young noted the Council is very appreciative of the commission's work. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Young added two items under XIV.A. REPORTS OF COUNCIL MEMBERS. Neal added Item XIV.B. 2 Preview of Pay 2008 Tax Statement. CITY COUNCIL MINUTES March 4, 2008 Page 4 MOTION: Butcher moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 12, 2008 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, February 12, 2008, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 12, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, February 12, 2008, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. KINDERBERRY HILL Second Reading of Ordinance 4-2008-PUD-4-2008 for Planned Unit Development District Review with waivers on 5.13 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres and Resolution 2008-30 for Site Plan Review on 5.13 acres. Location: Hennepin Town Road & Pioneer Trail. (Ordinance No. 4-2008-PUD-4-2008 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2008-30 for Site Plan Review) C. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Second Reading of Ordinance 5-2008-PUD-5-2008 for Planned Unit Development District Review with waivers and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Resolution 2008-31 for Site Plan Review on 21.3 acres. Location: Southwest of Prairie Center Drive, east of Columbine Road & west of Highway 212. (Ordinance No. 5-2008-PUD-5-2008 for PUD District Review with waivers and Zoning District Change; Resolution No. 2008-31 for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE NO. 6-2008 AMENDING CITY CODE SECTION 9.01 AND ADOPT RESOLUTION NO. 2008-32 APPROVING SUMMARY PUBLICATION E. APPROVE SECOND READING OF ORDINANCE NO. 7-2008 AMENDING CITY CODE SECTION 4.50 F. AWARD COMMUNITY CENTER CONCESSIONS SUPPLIER CONTRACT CITY COUNCIL MINUTES March 4, 2008 Page 5 G. AWARD COMMUNITY CENTER VENDING CONTRACT H. AWARD COMMUNITY CENTER INDOOR PLAY STRUCTURE CONTRACT I. APPROVE PROPOSAL FROM BARR ENGINEERING TO PROVIDE WETLAND CONSERVATION ADMINISTRATION SERVICES, I.C. 08-5713 J. APPROVE CHANGE ORDER FOR MONITORING BOG Y AT BEARPATH, I.C. 06-5674 K. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF THE PROPERTY MOTION: Aho moved, seconded by Butcher, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. AMENDMENT TO 2007 CDBG BLOCK GRANT ACTION Neal said the official notice of this public hearing was published in the January 31, 2008, Eden Prairie News. The 2007 Community Development Block Grant Action Plan did not specify the use of funds for the operation of a transitional home. Therefore, to be in compliance with HUD regulations, the formal action of reallocating the funds is necessary. The subrecipient of the CDBG funds will contract with a human services agency to provide a program designed to assist families in developing a stable self-sufficient lifestyle. The human services agency will work with the family to develop goals in education, employment,housing,budgeting and other areas related to self- sufficiency. In addition they will examine long term strategies that will ensure permanent housing and a stable living environment. The subrecipient will provide the City with a semi-annual report on the progress of the family and the performance of the human services agency which is assisting the family. The subrecipient will keep the City informed of any complaints against the family and a detailed plan to resolve complaints in a timely fashion. Molly Koivumaki, Housing & Community Services Manager, said we have been working with local churches on the operation of a transitional home program. We would contract with a human services provider to work with the residents while they live at the home. She said there is a lot of need for family stability, and this would be intended for those families that have a high degree of success and have a lot of skills and resources available but are facing challenges that might force them to leave the City. There is a two-year maximum for the program so that by the end of that time they should be ready to be self-sufficient. Nelson asked if this housing would be for a family that needs time to get re- educated and would not be for prisoner placement or drug rehabilitation. CITY COUNCIL MINUTES March 4, 2008 Page 6 Koivumaki said it would be for people that have lived here in Eden Prairie and have children in school, such as military families, someone who has had a death in the family, or home foreclosure situations. We are not looking at placement of offenders or drug rehabilitations. Nelson said it sounds like a great program. Basil Wisner, 8293 Mitchell Road, asked if this item is the same as the one noticed in the Eden Prairie News of February 28 for a public hearing on the CDBG for March 18. Neal said this item deals with 2007 dollars, and the March 181h meeting is for the 2008 allocation. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing and to approve the reallocation of $260,000 in Block Grant funds for affordable housing acquisition, to a subrecipient, as a grant to be used to purchase real estate and to operate that property as transitional housing for eligible families. Motion carried 5-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Neal said official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. He said this is a request to approve first reading of an ordinance amending City Code Chapter 11, Section 11.70 relating to signs with dynamic displays. The following changes are proposed which includes adding definitions and regulations relating to signs with dynamic display: 1. Create new "Dynamic Display" definition in City Code. 2. Permit dynamic displays to change instantaneously once every 20 minutes. 3. Establish a measurable brightness level 4. Prohibit dynamic displays from using video, animation, or any appearance of movement. 5. Establish a requirement for a written certification from the sign manufacturer that the sign has been preset to limit the maximum light intensity. 6. Establish LED brightness standards that require signs to be equipped with a mechanism to control the sign's brightness. 7. Require dynamic display owners to provide an accurate field method of insuring that maximum light levels are not exceeded. 8. Establish the city's authority to disable or turnoff a sign that malfunctions in a manner that creates excessive glare or brightness. 9. Permit dynamic displays in the Commercial Regional, Commercial Regional Service, Community Commercial, Neighborhood Commercial, Office, Town Center and Industrial Districts. 10. Prohibit dynamic displays in all residential districts,public and golf course districts. Neal said the billboard signs along Highway 212 are in the Rural Zoning District and would be prohibited from converting to a dynamic display sign. The Planning CITY COUNCIL MINUTES March 4, 2008 Page 7 Commission voted 7-0 to recommend approval at the January 28, 2008 meeting with the stipulation that signs may change once every 20 minutes. Jeremiah pointed out a change to No. 8 that was recommended by the City Attorney to require the owner to turn off the sign rather than the City doing so. She presented a PowerPoint presentation about the proposed dynamic display ordinance. She said there are some aspects of the current regulations that deal with motion,but there were some areas that were deficient, especially with regard to LED displays. Staff recommends creating a definition of dynamic display and establishing time limits, brightness level, sign maintenance and locations for the dynamic displays. She noted the Planning Commission had quite a bit of discussion on this and recommended we match Minnetonka and Bloomington's requirements that the signs be able to change every 20 minutes rather than every 24 hours. Richard Proops, 9408 Clubhouse Road, said he thought gas and fuel stations price displays should be put in the same category as time and temperature. Basil Wissner, 8293 Mitchell Road, asked if this ordinance will make us the leaders in dynamic display standards. Greg Rendall, President of the Minnesota Sign Association, said he is on a commission at the State that is working on coming up with a model City ordinance for brightness of signs and brightness of lights. They are putting together something to be used as a model. He noted the City of Eden Prairie signs change every eight seconds. He asked the Council to consider using the model State ordinance. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing. Motion carried 5-0. Young asked what the effect of the ordinance would be on the sign at Riley/Purgatory Creek Park. Jeremiah said that would be a policy decision because the sign is in place now and the ordinance would deal only with new signs. She said staff believes it makes sense to be consistent with the ordinance. Young said most of the examples were billboard signs which would be specifically precluded in rural zones, and he asked what we can expect from property owners. He thought some of it makes a lot of sense as far as brightness and location, and the only portion he disagreed with was the time limitation which he thought seems kind of arbitrary. Jeremiah said this would allow additional signs on any property only if they are already under the limit with regard to the number or the area of signs. Young then asked what the limit imposed is. Jeremiah said there are a lot of different regulations in the sign code depending on the type of commercial district and the number of frontages, so it is difficult to summarize. CITY COUNCIL MINUTES March 4, 2008 Page 8 Young asked if most of the property owners use the maximum signage as they go through the planning process. Jeremiah replied they generally do and we occasionally grant waivers. The reason for the change to the public signs is because we have granted some waivers in the past. Young said he did not think we will be overwhelmed by dynamic displays in the City. He thought the primary concern was with billboards. Nelson asked if this applies only to free-standing signs, not wall signs. Jeremiah said the ordinance states dynamic signs must be free-standing. Nelson asked if that means anyone that has a free-standing sign could turn it into a dynamic sign. Jeremiah said they would have to reduce the size if the existing sign is oversize. Nelson asked if there are any large commercial buildings that have large signs and asked why we have to have the same regulation for large and small signs. Jeremiah said the brightness and changing character of the sign can be distracting or a negative aesthetic so we have limited those aspects. Nelson said if you are going to take one of the larger pole signs around the mall and turn that into a small billboard with an LED sign, that would be a problem if it changes every 20 minutes. She was more concerned about how a large pole sign could change the look of Eden Prairie. She was concerned about putting both types of signs into the ordinance in the same way. She thought the time change was too often for the large LED sign but may be appropriate for the small sign. She didn't want to see the large pole signs become all LED signs at some point. Aho said we currently have billboards on Hwy 212 and asked if there are any other locations within the City where billboards are allowed. Jeremiah said billboards are currently prohibited in the City, so those could not be converted to LED. Aho said if there is no area in the City where someone could construct an LED-illuminated billboard sign, a lot of attention is going to something that can't come into existence. Butcher thought we will hear from residents if we get a large cluster of LED signs. She asked about the worst case scenario in terms of the largest number of signs and how large could they possibly be and still fit the definition. She said the proposed ordinance states there should be no adverse impact on residential character. She was worried about the aesthetics and also about busy signage causing confusion in the Major Center Area (MCA). Jeremiah said we have about 1800 businesses in the City that could conceivably want to change over to LED signs. She didn't know what the largest sign is because there have been a number of variances issued over time. Regarding the MCA, we do have the PUD tool in the Town Center area to try to regulate impacts when there are residences above commercial facilities. Butcher said once the ordinance is in place and we get a lot of comments from residents, it would be to allow some and then cut it off. She had some concerns about the MCA and what our goals are for that area. CITY COUNCIL MINUTES March 4, 2008 Page 9 Duckstad said staff is recommending we follow the Minnetonka and Bloomington LED models. He asked if those cities have been sued and, if so, what was the outcome. Rosow replied Minnetonka was sued prior to the institution of the ordinance. The signs went up and Minnetonka thought they had the authority to regulate the signs, so the City turned off the signs and subsequently went through several different court hearings. The ordinance adopted by Minnetonka was in response to the law suit and was a compromise of the positions. He was not aware of any further decisions in the law suit. Young said we may have 1800 properties that could be affected but he didn't believe a majority will take out their wall signs to use dynamic displays. He thought if there is legislation being contemplated by the State, maybe we should see what that is and not take action tonight. Nelson said she would like to have staff come back with this item. She thought it might be useful to take a picture of some of the larger pylon signs around town and show what those would look like with a dynamic display. She would like to get a little better visual image of this. She was bothered by why an 8X10 foot sign is considered the same as the gas station sign. Neal said it doesn't sound like there is a majority ready to vote for the ordinance. He asked when the moratorium expires. Rosow said the ordinance was adopted for a period of one year, and he thought it was adopted in March of last year. Neal asked if the Council has the discretion to extend the existing ordinance. Rosow said he believes the Council has the authority to extend the moratorium,but he would have to research that question. Neal suggested staff spend some extra time with Council Members and hear their concerns if we have some time available, so we could table the discussion now until later in the meeting when we have an understanding of the options. MOTION: Duckstad moved, seconded by Butcher, to table the matter. Motion carried 5-0. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO SIGN PERMITS Neal said official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. There are four minor changes proposed to the sign ordinance: 1. Allow buildings in the public district to have an 80 square foot sign on one street frontage and 36 square feet for other frontages. 2. Allow buildings in the public district to have a 50 square foot sign per wall per street frontage and one 30 square foot sign per accessory use on the ground floor elevation. 3. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine the requirements into one paragraph. CITY COUNCIL MINUTES March 4, 2008 Page 10 4. Change "Airport District" to "Airport." Neal said the proposed changes to the public district will treat signs in a similar manner to commercial, office, and industrial districts by allowing signs per frontage rather than a sign per lot. It will also permit slightly larger but more readable signs on the wall of the building. The change relating to airport signs eliminates the word district since there is no airport zoning district. The Planning Commission voted 8-0 to recommend approval of the code changes at the January 28, 2008, meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing and to approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70,relating to the Public District and Airport sections of the Sign Ordinance. Motion carried 5-0. D. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS OF PROTECTION FOR WETLANDS Neal said official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. Eden Prairie first adopted the Wetland Protection Code on February 10, 2000. Standards were added for adoption of Local Government Unit(LGU) status for Lower Minnesota River Watershed District as the District did not have the resources to provide Wetland Conservation Act(WCA)review. This amendment incorporates changes to address the following: 1. Adoption of LGU status for Riley-Purgatory-Bluff Creek Watershed District. RPBCWD passed a resolution in December 2007 that they would no longer provide WCA services after April 2008 for the City of Eden Prairie. Development issues within RPBCWD are more complex than those incurred with the Lower Minnesota LGU responsibilities and additional provisions were required prior to adoption of this amendment. 2. Revisions to WCA that were made in 2007. 3. Incorporation of proposed revisions to the Nine Mile Creek Watershed District (NMCWD) to wetland rules which are scheduled to be adopted by the District Board on March 19, 2008. 4. Miscellaneous housekeeping items that have arisen in day to day application of the ordinance. Neal said the Planning Commission voted 6 to 0 to recommend approval of the changes to the Wetland Ordinance and incorporation of comments made during the February 11, 2008, meeting. Leslie Stovring, Environmental Coordinator, said this item is related to a change in the Wetland Act and changes in the rules of the Nine-Mile Creek Watershed District. The City of Eden Prairie will be the Local Government Unit(LGU) for CITY COUNCIL MINUTES March 4, 2008 Page 11 RPBC and the Lower Minnesota River Watershed Districts. Barr Engineering will be hired as consultant, and there will be a little additional staff time involved. There are a few minor changes to the fee schedule, and a lot of definitions are changing. She reviewed the changes and clarifications to the definitions and the general provisions. Guidelines were set up for review and approval, and provisions have been included to allow for the collection of additional fees from proponents to cover staffing costs and other financial impacts. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher, to approve First Reading of an Ordinance Amending City Code Section 11.51 relating to standards for the protection of wetlands. Motion carried 5-0. Dietz noted that environmental regulations have been an ever changing target. He thought this is a growing area, and it could have some additional financial impact in the future in terms of staffing and other costs. Young asked why the Watershed District is getting out of the business. Dietz said they have different priorities now. Neal said this is not something we sought, but the Watershed District has the ability to impose it on cities unilaterally, even though we told them we weren't interested. Regarding tabled Item IX.B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS, Young said we have determined the moratorium has expired so we cannot extend it. He suggested we put the item on the agenda for the next meeting. Neal said staff will talk to each Council Member to determine where consensus is. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Butcher, 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. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. COMMISSIONS Neal said the City Council held Commission interviews on Monday, February 25, 2008. Twenty-six candidates applied overall for consideration; 11 new applicants and 15 candidates seeking reappointment. Twenty candidates are being designated for Commission appointments on March 4, 2008; eight appointed for the first time, and 12 reappointments. Appointments are being made to all Commissions except CITY COUNCIL MINUTES March 4, 2008 Page 12 the Budget Advisory Commission; no positions were available on the BAC this year. All terms of appointment are scheduled to begin on April 1, 2008. A City Commission Orientation session will be held on Wednesday, March 26, 2008, for all new and re-appointed Commission members being appointed tonight prior to the formal start of their Commission terms. Neal noted Karen Busack is unable to accept appointment to the Arts & Culture Commission, so staff is recommending Ana Armstrong be appointed instead. MOTION: Duckstad moved, seconded by Nelson, to appoint to the Arts & Culture Commission: Ana Armstrong and Elizabeth Petry-Lee—Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Butcher moved, seconded by Duckstad, to appoint to the Conservation Commission: Ray Daniels and Geneva MacMillan—Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher, to appoint to the Flying Cloud Airport Advisory Commission: Rick King, Greg McKewen, and Judith Gentry — Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Nelson moved, seconded by Duckstad, to appoint to the Heritage Preservation Commission: Nina Mackay, Ed Muehlberg, and Kathy Veurink— Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Duckstad moved, seconded by Aho, to appoint to the Human Rights and Diversity Commission: Kelly Brandon—Term to expire March 31, 2010; and Mohamed Duale and Marcy Harris —Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Butcher moved, seconded by Duckstad, to appoint to the Parks, Recreation & Natural Resources Commission: Lee Elliott-Stoering and Geri Napuck —Terms to expire March 31, 2011. Motion carried 5-0. MOTION: Aho moved, seconded by Nelson, to appoint to the Planning Commission: John Cadman—Term to expire March 31, 2010; and John Kirk, Jon Stoltz, and Catherine Lechelt—Terms to expire March 31, 2011. Motion carried 5- 0. B. BOARD OF APPEAL AND EQUALIZATION Neal said the proposed members for Council approval are experienced real estate professionals with extensive knowledge of real estate in the southwest metro area. The proposed members are: Mike Best of REMAX Results; Brian Duoos of Edina Realty; Jim Johnson of The Realty House; Annette O'Connor of Coldwell Banker Burnet Realty; and Patricia Pidcock of Edina Realty. MOTION: Nelson moved, seconded by Duckstad, to appoint to the Board of Appeal and Equalization Mike Best, Brian Duoos, Jim Johnson, Annette O'Connor, and Patricia Pidcock for the period of April 1, 2008, through May 31, 2008, or until CITY COUNCIL MINUTES March 4, 2008 Page 13 the Board of Appeal and Equalization completes its work. Motion carried 5-0. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS Neal said Chairs and Vice Chairs of commissions are appointed annually by the City Council following the appointment of members to City Commissions. The City Council held Commission interviews on Monday, February 25, 2008, and determined Chair and Vice Chair assignments for the period of April 1, 2008 through March 31, 2009, at this time. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice- chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." He noted that John Brill has indicated he would like to be Vice Chair of the Parks Commission and Geri Napuck has agreed to serve as Chair. MOTION: Duckstad moved, seconded by Butcher, to appoint Ann Rorem - Chair and Heather Olson - Vice Chair of the Arts and Culture Commission. Motion carried 5-0. MOTION: Butcher moved, seconded by Duckstad, to appoint Don Uram- Chair and Katherine Kardell - Vice Chair of the Budget Advisory Commission. Motion carried 5-0. MOTION: Aho moved, seconded by Duckstad, to appoint Eapen Chacko - Chair and Laura Jester- Vice Chair of the Conservation Commission. Motion carried 5-0. MOTION: Nelson moved, seconded by Aho, to appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission. Motion carried 5-0. MOTION: Duckstad moved, seconded by Butcher, to appoint Betsy Adams - Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission. Motion carried 5-0. MOTION: Butcher moved, seconded by Nelson, to appoint Cari Maguire - Chair and Pam Spera- Vice Chair of the Human Rights and Diversity Commission. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher, to appoint Geri Napuck- Chair and John Brill - Vice Chair of the Parks, Recreation and Natural Resources Commission. Motion carried 5-0. MOTION: Nelson moved, seconded by Duckstad, to appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. Motion carried 5-0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION CITY COUNCIL MINUTES March 4, 2008 Page 14 Neal said staff recommends the appointment of Patricia Pidcock as Chair and Mike Best as Vice Chair of the Board of Appeal & Equalization. MOTION: Duckstad moved, seconded by Aho, to appoint Patricia Pidcock—Chair and Mike Best—Vice-Chair of the Board of Appeal and Equalization. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Eden Prairie Girls Hockey Team—Young Young formally congratulated the members of the Eden Prairie High School Girls Hockey Team for winning the State tournament recently. 2. Eden Prairie News Article Rmardins! a Telescope - Young Young said there was an article in the Eden Prairie News about a telescope being put at the Outdoor Center. The Council formally accepted the telescope a couple of years ago. We understood at the time some accommodation would have to be made to install the telescope. Staff has done some preliminary estimates, and that is now part of the CIP. We have not taken any specific action to accommodate the telescope; however, when that does come, the cost of housing it may dwarf the value of the gift. Lotthammer said the Parks Commission at the February meeting considered this as an agenda item. Staff has been investigating soil conditions because the telescope weighs 1,000 lbs. and must be put on a very secure base. It will need a covered housing, and there will be some accommodations needed for the roof. The next step would be to go back to the Parks Commission when we have information on the requirements and understand the cost implications. We are no more than a couple of months away from completing that analysis. Young said if and when it does come back to the Council, it would be helpful to know the utility of the telescope in the City, and if we decide it is not a good use of public funds, what do we do with the telescope. B. REPORT OF CITY MANAGER 1. Federal Legislative Agenda Neal said there are six items on the agenda and most of them were on last year's agenda. He didn't think the positions have changed much from last year. Regarding the Homeland Security item on page 288, Aho asked if the CITY COUNCIL MINUTES March 4, 2008 Page 15 figures in that section were correct. Neal said the amount for FY 2008 should be $43 million, not$4.3 million as stated. MOTION: Butcher moved, seconded by Aho, to approve proposed legislative agenda and position narratives; and to authorize City Manager Scott Neal to speak on behalf of the City of Eden Prairie at the National League of Cities Congressional Cities Conference. Motion carried 5-0. 2. Preview of Pay 2008 Tax Statements As a preview of the Pay 2008 Tax Statements, Neal said there are over 19,000 residential properties taxed in the City, of which 54% will have an overall tax decrease in 2008 compared to 2007, 13% will have an increase of less than 1%, 31% will have a increase between 2-9%, and 3% will have a 10% or more increase. He reviewed values and taxes for 2007 and 2008 for a Median Single Family home, a Commercial/Industrial property, and an Apartment property. He said the tax statements are generated by Hennepin County and are in the mail. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Streetscape and Wayfindins!Update Jeremiah said staff is seeking feedback and providing an update on streetscape and wayfinding. Last year we began the streetscape master planning process by starting to implement some of the recommendations for the MCA where redevelopment projects are occurring, so there was some urgency to move forward with that. She said the streetscape master plan includes three different street segments: Prairie Center Drive and Valley View, Singletree Lane, and the future north/south Main Street. They had meetings in November for the major stakeholders in the MCA, met with the Chamber of Commerce,held a joint meeting with the City Council and Planning Commission. Staff was directed to continue working with the property owners. On January 31 we held a stakeholder meeting for just those property owners in the potential Phase 1 Prairie Center Drive area. The property owners liked the aesthetics of the plan but were less than enthusiastic about paying for 80% of the cost. Jeremiah said staff agreed with Presbyterian Homes to delay the streetscape in front of their parcel until the final phase which will be in 2012. That gives us four more years to work with property owners along that portion of Prairie Center Drive. Staff recommends holding off on Prairie Center Drive streetscape improvements until at least 2012 and, if the Council agrees, would like to send notices to property owners. Regarding wayfinding, Jeremiah said there is a lot of interest in getting some signage going more quickly than 2012. We have continued to work with the Chamber of Commerce on wayfinding. Their Phase 1 CITY COUNCIL MINUTES March 4, 2008 Page 16 recommendation related to getting people directed out to the major highways. She said the Public Works Department believes they have an adequate budget to pay for some of those signs this year. We are awaiting the Chamber of Commerce's formal written agreement that they like the plan and want the City to proceed. We planned to include some of the local directional signs with the streetscape changes,but there has been some interest in moving forward with the wayfinding portion ahead of the streetscape. She said if the Council concurs with that, they would continue working with the Chamber of Commerce and would come back with a contract to continue that work. Jeremiah said the final question has to do with the power lines. The streetscape master plan began dealing with that issue,but the streetscape master plan report is not done yet and the budget has run out. We won't get it to the level of doing cost estimates or exploring cost issues regarding power lines. She cautioned even if we do underground outside of the Town Center Area, there isn't a lot more development capacity because of the roadway limitation. Jeremiah said she could see streetscape improvements happening earlier on the section of Singletree Lane adjacent to Bobby & Steve's and Windsor Plaza redevelopment. Staff is looking at an interim solution on the north side of Singletree. In summary, Jeremiah said staff is asking the Council if they agree with three items: letting stakeholders know we are holding off on the Prairie Center Drive streetscape improvements until 2012; keep working on wayfinding Phase 2; and get a consultant on board to look more closely at the power line issue. Nelson said she definitely thought we should talk to the stakeholders about putting off Phase 1 until 2012. She would like to continue with Phase 2 of wayfinding and was interested in getting more information on the easements and other issues with power lines. She asked if there was any possibility of doing the work in house. Jeremiah replied the current estimates were done in house but she was not sure it is a good example. Xcel Energy has not put this type of line underground before, so we believe it would take some type of national expert to really look at this issue. She said staff could explore the possibility of a study and bring back a proposal to the Council. Nelson said she would like to find out the easement width. The Council Members concurred with Ms Jeremiah's three requests. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities Lotthammer said at the last meeting there was a discussion about food provisions at the Community Center and he was asked to bring back solutions for that and to look at the policy. The current policy is very broad CITY COUNCIL MINUTES March 4, 2008 Page 17 and not specific to the facilities. Each one of our facilities has some unique and special requirements and also some support systems and structures that allow food service. Lotthammer said the Parks Commission had a good discussion at their meeting last night which prompted him to change the proposed motion for tonight. The conclusion they came to was to start out being more permissive and, if we run into negative circumstances, we could come back to address those circumstances. He said staff can advise users as to the facilities available at each location. They changed the proposed guidelines for small birthday parties or similar gatherings at the Community Center to permit outside food and beverage as long as there is no on-site preparation and with the permission of Community Center staff for small birthday parties or similar gatherings. Lotthammer said the Parks Commission also suggested changing Section XIII Food Service to require permission from the Director of Parks & Recreation, not permission from City staff. MOTION: Nelson moved, seconded by Butcher, to amend the policy entitled Guidelines for Community Use of Parks and Recreation Facilities, Section XIII, Food Services. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Proposed Public Works Fee Amendments Dietz said the BAC suggested we look at some of our rates for utilities. We found some inequities and we need to implement some fees as we become the LGU for the Watershed District. There is a public hearing scheduled for March 18 on this information. He reviewed the history of the sprinkling ban and the two-tier rate structure in the City. He said the DNR regulates very closely the amount of ground water that can be withdrawn and expects we will have water conservation regulations in place. We want to get another well built this year so that we will have 24.5 million gallons available in 2009. The current water plant was designed for 28 million gallons based on our ultimate population,but we must have regulations in place to limit stress on the system. He reviewed the proposed changes to fees for water, noting we have had the same two-tier system in place for 12 years. We found commercial and industrial customers and irrigation accounts were not paying any surcharge because of the way we compute our winter average. He said they are planning to switch to monthly billing rather than quarterly so people can be more responsive to billing changes. We are proposing to have commercial/industrial accounts go to monthly billing this spring. He said staff will come back late this year to suggest we go to the same system for residential accounts. Staff is also recommending we eliminate the $100 cap for use surcharge. The miscellaneous charge item will be changed to a $5 CITY COUNCIL MINUTES March 4, 2008 Page 18 charge per month for a repair/expansion/project fund. Regarding storm water utility fees, Dietz said these have not changed since they were instituted in 1996. These fees would increase from$3 to $4 per quarter for single family residential properties. There will also be an LGU fee used to reimburse ourselves for taking over that responsibility and will be almost identical to what the Watershed District charged when they were acting as the LGU. Nelson said she was concerned that going to monthly billing would greatly increase the number of mailings. Dietz said the cost will be $80,000- $100,000 per year for billings of between $7 and $8 million per year. He said there is a big swing between quarterly billing cycles and that would be evened out with monthly billings. Neal said the other mitigating strategy for billing would be to push more and more for an online environment. One of our priorities for this year is to move more revenue collection to that sphere. Nelson asked if we would then be able to email bills. Neal said that was correct. Young asked what irrigation only accounts are. Dietz said these are usually homeowners associations that have an irrigation meter installed. Young asked how these would be affected. Dietz said they would be paying the $2.65 per gallon usage fee for their entire usage. Dietz asked that Council Members provide any feedback before the March 18. Young said he thought we are going in the right direction. The other Council Members concurred. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS Nelson asked if there has been anything done about the Technology Committee's recommendation about installing fiber optic cable on the Pioneer Trail expansion. Dietz said he was not aware of any but he would check. Neal said he will ask Mr. Lindahl. Nelson said she would like some feedback on that. XVII. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 9:55 PM.