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City Council - 04/15/2003APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum will be held the first and third Tuesday of the month from 6:30 – 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office (at 952-949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal noted there are non-material changes to Items VI.E., VI.K, VII.A. and VII.C. City Attorney Ric Rosow requested Item VII.E., public hearing for special assessments on Hillcrest/Alpine neighborhood, be heard prior to Item VII.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD APRIL 1, 2003 MOTION: Mosman moved, seconded by Case, to approve as published the minutes of the Council Workshop held April 1, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 2003 Mosman noted a change on Page 5, last paragraph, where 10-foot setback should be changed to 100-foot setback. MOTION: Case moved, seconded by Butcher, to approve as published and amended the minutes of the City Council Meeting held April 1, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERKS LICENSE LIST B. LAKE POINT by Taurus Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres. Location: Southeast corner of Mitchell Road and Cumberland Road. (Ordinance No. 7-2003-3-2003 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2003-60 APPROVING FINAL PLAT OF LAKE POINT D. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND POLLUTION PREVENTION PLAN E. APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A NEW TRAIL WITHIN TH 212 RIGHT-OF-WAY ADJACENT TO EDEN WOODS SENIOR CAMPUS (RESOLUTION NO. 2003-61 ) F. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2003 TO BE SURPLUS PROPERTY G. ACCEPT DONATION OF LAND ALONG RILEY CREEK FROM RAY N. WELTER, JR. H. AWARD CONTRACT FOR 2003 STREET CRACKSEALING TO PRECISION SEALCOAT, INC. I. AWARD CONTRACT FOR 2003 STRIPING TO AAA STRIPING J. ADOPT RESOLUTION NO. 2003-62 APPROVING PLANS AND SPECIFICATIONS FOR TH 212/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5543 K. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR SETTLERS RIDGE 5TH ADDITION MOTION: Young moved, seconded by Mosman, to approve Items A-K of the Consent Calendar. Motion carried 5-0. Tyra-Lukens said she wanted to acknowledge the civic spirit of Ray Walter, Jr. who donated a portion of land that is critical to entry into the City's trail system and preservation of the creek valley area. VII. PUBLIC HEARINGS / MEETINGS D. SPECIAL ASSESSMENT HEARING FOR THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 (Resolution) Rosow said he asked Staff to provide him with a copy of the notice that was published in the newspaper and sent to homeowners on this issue. He said the notice was compared to State Statute requirements and the notice did not contain an element required by the Statute. He said the notice must state in clear language six items, one of which is "adoption by the council of the proposed assessment may be taken at the hearing." Rosow said that particular element is not stated in clear language in the notice of hearing for the proposed assessment. Rosow said if proper notice is not given, then Council cannot effectively take action on the assessment, so he recommends a public hearing not be conducted because in his opinion, any action taken as a result of this notice would not be effective. Rosow said objections to the assessment will be publicly acknowledged this evening and will be effective for this special assessment process. He said he recommends new notices be sent out with the correct language and a public hearing rescheduled based on that notice. Written objections from the following residents were presented to Mayor Tyra-Lukens and read aloud by Public Works Director Eugene Dietz: Don and Laura Isensee; Laurence and Jolene Smith; B. Uhlig; Joel and Mary Sternke; Rodney Christopher; Joseph and Christine Lupo; Thomas and Kelliann Lundin; Glenn and Linda Hayen; Norbert and Patricia Gernes (for two properties); Laurence and Jenny Nicpon; Todd and Cindy Smith; Gary and LuAnn Rieder; Ralph and June Hoffmann; Robert Johnson; Douglas and Nancy Lawver; Wallace and Elaine MacDonald; Patricia Martin; Marvin and Teresa Miller; Clark and Dorothy Ewert; Daniela and Catalin Petrescu; Glen and Sue Stoever; Tom and Judy Atkinson; Paul and Mary Walentiny; Dennis and Judith Peterson (requested their names be retracted). Tyra-Lukens extended apologies to those who attended tonight's meeting for the purpose of this public hearing. She said the issue will be heard at the second meeting in May and asked those who are unable to attend that meeting to please contact Councilmembers or Staff. Rosow suggested Council adopt a motion to direct Staff to send out a new corrected notice scheduling a new public hearing on these assessments. He said property owners will have until that hearing and at that hearing to continue to file objections. MOTION: Case moved, seconded by Mosman, to republish and mail proper notices to the residents affected by the Hillcrest/Alpine special assessments and ask Staff, in that notice, to set date and time for the public hearing on the special assessments. Motion carried 5-0. A. LORENCE 3rd ADDITION by Jon and Katie Thoma. Request for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on .05 acres, Comprehensive Guide Plan Change from Low Density Residential to Park/Open Space on .05 acres, Zoning District Change from R1-13.5 to Public on .05 acres, Zoning District Change from Public to R1-13.5 on .05 acres, and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road. (Resolution No. 2003-63 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution No. 2003-64 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current and sent to 53 property owners. He said this is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. The Community Planning Board voted 5-0 to recommend approval of the project at its March 24, 2003 meeting. The City Council unanimously approved a similar proposal for the property in 1991. However, the owner of the property at that time later withdrew the project. Neal said both lots meet City Code for size and dimensions. All housing units meet the setback requirements of the R1-13.5 zoning district. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A, which is contiguous to Round Lake Park, will be dedicated to the City and utilized as park/open space. City Planner Michael Franzen added that the comprehensive guide plan change is only for approximately 2000 square feet, which is the land being given back to the City, so there is no loss of park land in the area. Also, he said there is a minor change in the resolution for the comprehensive guide plan amendment in that extra language was added to the third "whereas" to simplify the request. He said staff recommends approval. There were no comments from the public. MOTION: Case moved to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan from Park/Open Space to Low Density Residential on .05 acres, from Low Density Residential to Park/Open Space on .05 acres; and approve 1st Reading of the Ordinance for Zoning District Change from Public to R1-13.5, from R1-13.5 to Public on .05 acres; and adopt the Resolution for Preliminary Plat of 0.93 acres into 2 lots and 1 outlot; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Butcher, motion carried 5-0. B. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution No. 2003-65 for PUD Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal stated official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. He said this is for a parking lot expansion at the Eden Prairie City Center and to modify the existing access to Scenic Heights Road to create a second access to the parking lot. This project is for 1st and 2nd readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. The Community Planning Board voted 5-0 to recommended approval of the project to the City Council at the March 24, 2003 meeting. The plan shows construction of 49 new parking spaces and a second access to the parking lot from Scenic Heights Road. Neal said a waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. The awarding of bid will take place on May 20, 2003. The project will begin on June 16th and be completed August 15th. Total cost for the project is approximately $200,000. Case asked if safety precautions had been taken regarding traffic in and out of the driveway. Dietz said there has been much discussion with Fire Department staff and the advantages of having the secondary entrance outweigh the conflict. Tyra-Lukens asked if cut-through traffic in the parking lot due to drivers avoiding the light at Scenic Heights and Mitchell Road would create a hazard. Dietz said 90 percent of the traffic using it will be internal traffic from the City Center, and having the secondary access will take pressure off signalized intersections. There was no public comment. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 30 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the I-5 Zoning District on 30 acres. Motion carried 5-0. C. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE City Manager Scott Neal said this is the first reading of an Ordinance amending City Code Section 11.03. He said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. Neal said the ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. The Rural Zoning District does not have a time limit related to outdoor sales of farm produce. The Commercial Zoning District has a 60 day time limit on the temporary outdoor sales of materials, supplies, and merchandise. The code on Outdoor Sales and Display also regulates the amount of area used for outdoor sales, setbacks from property lines, limits the impact on parking spaces, and provides for safe vehicle circulation. Neal said Minnesota State Statute 329.14 regulates the licensing requirements for transient merchants and exempts persons selling products of the farm or garden. This statute is a mechanism facilitating the sale of farm produce. This State Statute excepting farmers prompted the discussion to change City Code to remove the 60 day limitation. He said this change was motivated by some farmers from last year. Case asked if the State Statute covered a farmer renting or leasing a corner piece of property to sell produce. Neal and Rosow said yes, that is their understanding. Case asked if the Marshall Farm Market fits under this as an owner occupied and cultivated land. Franzen noted the location of the ordinance change had been moved from one part of the same chapter to another part. Case asked if Sever Peterson wished to fit under this ordinance, he would have to own the land. Rosow said the ordinance does not say you have to own land to occupy it and cultivate it. Tyra-Lukens clarified that the purpose of this is to put the City's ordinance in sync with the State Statutes. Rosow said that is correct. There were no comments from the public. MOTION: Mosman moved, seconded by Young, to close the Public Hearing and approve 1st Reading of the Ordinance Related to Outdoor Storage and Displays by Exempting Farmers from the 60 Day Time Period. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and Tyra-Lukens voting “aye.” IX. ORDINANCES AND RESOLUTIONS A. CITY CENTER PARKING EXPANSION by City of Eden Prairie. 2nd Reading for Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (2nd reading of Ordinance No. 9-2003-PUD-5-2003 for PUD District Review and Zoning District Amendment and Resolution No. 2003-66 for Site Plan Review) City Manager Scott Neal said this is the second reading for an item discussed this evening under VII.B. and asked if there were any other questions regarding the issue. He noted the vote on this must be unanimous because first and second readings are done in the same night. There were no further questions. MOTION: Young moved, seconded by Butcher, to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the I-5 Zoning District on 30 acres and adopt the Resolution for Site Plan Review. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS REPORTS OF COUNCILMEMBERS 1. Southwest Rail Study Update – Mayor Tyra-Lukens Tyra-Lukens said the Southwest Rail Transit Study group has two committees - a technical advisory committee (TAC) and a policy advisory committee (PAC) that has been studying different modes of transportation along the corridor for six months. She said out of many of the alternative routes that were suggested, all were subject to a Screen 1 evaluation. She presented drawings showing all routes selected for Screen 2 evaluation, eliminating all routes that involved the Lyndale Avenue alternative. Tyra-Lukens said the TAC committee did not recommend the 169 or Shady Oak routes, and instead recommended that 494 would continue to be studied and also the Light Rail corridor portion. The Policy Advisory Committee decided the 169 and Shady Oak option should remain in the rail study. She said the diesel multiple unit alternative was also rejected. She said there will be two area open houses, May 21 from 5-8 p.m. at the Hopkins Depot, and May 22 at Southwest Station from 4-7 p.m. REPORT OF CITY MANAGER REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan – Completion of Phase II Parks and Recreation Director Bob Lambert said the consultant for the first item is not present yet, and asked to continue this item until the end of the meeting. 2. Request from Eden Prairie Baseball Association to Share Costs for Field Improvements Lambert said the Baseball Association is requesting about $80,000 worth of improvements to City ball fields. He said they would like to see the City fund 50% of the cost of the improvements over the next three years, and they are proposing $32,000 worth of improvements this year and would provide $16,000 of matching funds. Lambert said all the improvements are things that the City would eventually do when it could afford it and it is beneficial to get 50 percent of the funding so Staff is recommending Council approve $16,000 funded through park dedication fees. Tyra-Lukens asked if this item is higher priority than planned improvements to the softball fields. Lambert said the baseball association has 1800 kids and uses a lot of fields throughout the community and those fields are not up to the standard of some softball fields, so they are offering to help pay to provide better playing conditions. He said the association paying for $16,000 of the cost does not change the priority of improvements needed at other fields. MOTION: Butcher moved to authorize improvements at eight of the City baseball fields at a cost share of 50% expenditure for the City and 50% expenditure for the Eden Prairie Baseball Association as per the request dated February 15, 2003. Seconded by Young, motion carried 5-0. 3. Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Entry Lambert stated in May of 2002, a citizen’s task force presented a management plan for Birch Island Woods, to provide a safe entry and parking lot at that facility. He said the anticipated cost is $50,000 with scheduled completion by the end of the summer. There were no further comments or questions. MOTION: Case moved to authorize staff to proceed with the construction of the entry road and parking lot improvements at Birch Island Woods Conservation Area at an estimated cost of $50,000. Lambert said if costs exceed $50,000, it would be brought back to Council for approval. Seconded by Mosman, motion carried 5-0. 4. Task Force to Rename the Senior Center Facility Lambert stated this recommendation is coming from the seniors who have done surveys of seniors who partake in senior programs but are not active users of the senior center. He said many of the users of the facility are not seniors. He asked if the council would support a name change, and if so, would they approve the Charter statement that has been drafted by the seniors listing the goals of the committee. Case said he supports the seniors' initiative, and asked if there is a mission statement. He asked if there is a long-term goal for the building and if this would be a good time to address that. Lambert said one of the goals of the senior programmers is to initiate more inter-generational programs that would include a wide variety of uses for the building. He said this would supplement the senior programs, offering more program opportunities. Case said the name fits into a vision/mission look. Lambert said it will be addressed with the committee. MOTION: Young moved, seconded by Mosman, to approve recommending the appointment of a Task Force to consider a possible new name for the Senior Center Facility; and approve the Charter Statement for the Senior Center Name Change Task Force Committee. Motion carried 5-0. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Hillcrest/Alpine Area Street and Storm Sewer Improvements, I.C. 98-5471 (Resolution) MOTION: Case moved, seconded by Young, to table this item until the second City Council meeting in May, 2003. Motion carried 5-0. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF 1. Update on Grants Fire Chief George Esbensen reported that they have applied for two grants and have so far been selected for the Citizens Emergency Response Team (CERT) grant which is a two-part grant totaling $41,000. He said two teams will be trained - the first team with 15-20 people in the spring and a second team in the fall. He said the first team is in place consisting of people with a close working knowledge of public safety operations. He said the second group that will be recruited in the fall will come from a wider cross-section of the city. Butcher said she appreciates Tyra-Lukens asked what the mechanism would be for recruiting the second group. Esbensen said the citizen’s counsel would help tap into other resources. Butcher thanked Esbensen for his efforts. Esbensen thanked Julie Mitchell. Esbensen said the second grant, submitted April 11, 2003, is a Fire Act Grant. He said there is $750M available specifically for the fire service and covers a number of areas. Esbensen said the City has applied for the grant in two specific areas - establishment of a standardized cache of equipment that will be put on each truck at each fire station. He said the reason to have the equipment is to rescue downed firefighters. He said this standardized cache has been standardized with Chanhassen and Edina. Esbensen said there is also a request for monies to bring the current Self-contained Breathing Apparatus up to the more current NFPA compliance standards. He said the request is for $75,000 and requires a 30% city match. C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan – Completion of Phase II (This item was continued earlier in this meeting.) Parks and Recreation Director Bob Lambert introduced consultants Barry Warner and Ken Grieshaber from SRF Consulting Group. Warner gave a short presentation on Phase II of the Purgatory Creek Recreation Area Plan with drawings, photos and diagrams. He also spoke briefly about the boardwalk in the Phase III plan. He said the schedule, if approved, would be that the project would be advertised tomorrow, bids received by May 8, 2003, and the project brought back to the Council at the second meeting in May. He said construction should then be completed by November 1, 2003. Tyra-Lukens expressed concern about settling issues of pavers. Warner said an interlocking paver system will be used which is more friendly to settling. Butcher asked how the gardens would impact the City's budget in the future. Lambert said a full-time park maintenance person was added last year and current Staff will be able to maintain this facility. Lambert said the majority of plantings will be perennials. Lambert said noted the Parks Recreation Natural Resources Commission did recommend approval with the architecturally designed restrooms. He said the boardwalk would have to wait at least 3 years. He said he has asked for conservative designs for the project that could be closer to $1.3 million. He said the tree replacement project will fund trees at the site. Lambert said matching funds for the trails project will come from park dedication fees from area residential development. MOTION: Case moved, seconded by Butcher, to advertise for bids to complete Phase II improvements for the Purgatory Creek Recreation Area as detailed in plans dated March 27, 2003. Case asked Lambert to comment on the prefabricated restroom facility. Lambert said the quality, size and material options of the facility should match materials to the main park shelter to make it look like an overall planned facility and not an add-on facility. He said funds to be used are set aside to be spent on park facilities. Mosman said it should be noted that each phase is expensive and asked if Council would be willing to look at other ways of raising money to help fund the park. Lambert said this park has many features that will be added to over the years. He said there is an area in the park designated for brick pavers where people would be able to buy a brick and invest in art pieces that would be placed in the park in the future. Case said although this park may not rate high as a priority on a survey, the Council sometimes must make decisions to spend tax dollars to enhance Eden Prairie, taking into consideration all things that will be best for the City. Dietz noted the original funds for this came from the tax increment financing district and the success of that major center area generated the funds. He said this was part of the original vision for the downtown area. Motion carried 5-0. G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. The Cove 2nd Addition City Attorney Ric Rosow stated that at the last meeting there was a public hearing on this issue and the motion passed was to direct Staff to come back with findings that would support denial of the project. He said as he worked on findings, the proponent and Staff engaged in further conversation on the proposal and possible alternatives to create a plan for wetland buffer and setback on all three lots rather than one lot. Rosow said he recommends reconsider the action taken at the last meeting, and then direct Staff to notice a public hearing for May 6, 2003, at which the alternative proposal would be presented for public input and possible Council action. MOTION: Mosman moved, seconded by Butcher, to reconsider the motion taken on The Cove 2nd Addition at the April 1, 2003 City Council meeting. Case noted this is the best route to go on this issue, and Council is not reversing itself, but is taking counsel's advice. Motion carried 5-0. MOTION: Young moved, seconded by Butcher, to direct Staff to publish a notice of public hearing at the May 6, 2003 meeting at which time the proponent would present an alternative proposal for development of The Cove 2nd Addition. Case noted that Councilmembers had not discussed this among themselves, but the City Attorney had just recently educated individual Councilmembers to some changes on this proposal. Rosow said it is in the City's best interest to consider the alternative proposal rather than adopt findings of denial. Motion carried 5-0. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m. CITY COUNCIL MINUTES April 15, 2003 Page 12 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum will be held the first and third Tuesday of the month from 6:30 – 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office (at 952-949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal noted there are non-material changes to Items VI.E., VI.K, VII.A. and VII.C. City Attorney Ric Rosow requested Item VII.E., public hearing for special assessments on Hillcrest/Alpine neighborhood, be heard prior to Item VII.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD APRIL 1, 2003 MOTION: Mosman moved, seconded by Case, to approve as published the minutes of the Council Workshop held April 1, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 2003 Mosman noted a change on Page 5, last paragraph, where 10-foot setback should be changed to 100-foot setback. CITY COUNCIL MINUTES April 15, 2003 Page 2 MOTION: Case moved, seconded by Butcher, to approve as published and amended the minutes of the City Council Meeting held April 1, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERKS LICENSE LIST B. LAKE POINT by Taurus Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres. Location: Southeast corner of Mitchell Road and Cumberland Road. (Ordinance No. 7-2003-3-2003 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2003-60 APPROVING FINAL PLAT OF LAKE POINT D. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND POLLUTION PREVENTION PLAN E. APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A NEW TRAIL WITHIN TH 212 RIGHT-OF-WAY ADJACENT TO EDEN WOODS SENIOR CAMPUS (RESOLUTION NO. 2003-61 ) F. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2003 TO BE SURPLUS PROPERTY G. ACCEPT DONATION OF LAND ALONG RILEY CREEK FROM RAY N. WELTER, JR. H. AWARD CONTRACT FOR 2003 STREET CRACKSEALING TO PRECISION SEALCOAT, INC. I. AWARD CONTRACT FOR 2003 STRIPING TO AAA STRIPING J. ADOPT RESOLUTION NO. 2003-62 APPROVING PLANS AND SPECIFICATIONS FOR TH 212/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5543 K. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT TH AGREEMENT FOR SETTLERS RIDGE 5 ADDITION MOTION: Young moved, seconded by Mosman, to approve Items A-K of the Consent Calendar. Motion carried 5-0. Tyra-Lukens said she wanted to acknowledge the civic spirit of Ray Walter, Jr. who donated a portion of land that is critical to entry into the City's trail system and preservation of the creek valley area. CITY COUNCIL MINUTES April 15, 2003 Page 3 VII. PUBLIC HEARINGS / MEETINGS D. SPECIAL ASSESSMENT HEARING FOR THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 (Resolution) Rosow said he asked Staff to provide him with a copy of the notice that was published in the newspaper and sent to homeowners on this issue. He said the notice was compared to State Statute requirements and the notice did not contain an element required by the Statute. He said the notice must state in clear language six items, one of which is "adoption by the council of the proposed assessment may be taken at the hearing." Rosow said that particular element is not stated in clear language in the notice of hearing for the proposed assessment. Rosow said if proper notice is not given, then Council cannot effectively take action on the assessment, so he recommends a public hearing not be conducted because in his opinion, any action taken as a result of this notice would not be effective. Rosow said objections to the assessment will be publicly acknowledged this evening and will be effective for this special assessment process. He said he recommends new notices be sent out with the correct language and a public hearing rescheduled based on that notice. Written objections from the following residents were presented to Mayor Tyra- Lukens and read aloud by Public Works Director Eugene Dietz: Don and Laura Isensee; Laurence and Jolene Smith; B. Uhlig; Joel and Mary Sternke; Rodney Christopher; Joseph and Christine Lupo; Thomas and Kelliann Lundin; Glenn and Linda Hayen; Norbert and Patricia Gernes (for two properties); Laurence and Jenny Nicpon; Todd and Cindy Smith; Gary and LuAnn Rieder; Ralph and June Hoffmann; Robert Johnson; Douglas and Nancy Lawver; Wallace and Elaine MacDonald; Patricia Martin; Marvin and Teresa Miller; Clark and Dorothy Ewert; Daniela and Catalin Petrescu; Glen and Sue Stoever; Tom and Judy Atkinson; Paul and Mary Walentiny; Dennis and Judith Peterson (requested their names be retracted). Tyra-Lukens extended apologies to those who attended tonight's meeting for the purpose of this public hearing. She said the issue will be heard at the second meeting in May and asked those who are unable to attend that meeting to please contact Councilmembers or Staff. Rosow suggested Council adopt a motion to direct Staff to send out a new corrected notice scheduling a new public hearing on these assessments. He said property owners will have until that hearing and at that hearing to continue to file objections. MOTION: Case moved, seconded by Mosman, to republish and mail proper notices to the residents affected by the Hillcrest/Alpine special assessments and ask Staff, in that notice, to set date and time for the public hearing on the special assessments. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2003 Page 4 rd A. LORENCE 3 ADDITION by Jon and Katie Thoma. Request for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on .05 acres, Comprehensive Guide Plan Change from Low Density Residential to Park/Open Space on .05 acres, Zoning District Change from R1- 13.5 to Public on .05 acres, Zoning District Change from Public to R1-13.5 on .05 acres, and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road. (Resolution No. 2003-63 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution No. 2003-64 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current and sent to 53 property owners. He said this is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. The Community Planning Board voted 5-0 to recommend approval of the project at its March 24, 2003 meeting. The City Council unanimously approved a similar proposal for the property in 1991. However, the owner of the property at that time later withdrew the project. Neal said both lots meet City Code for size and dimensions. All housing units meet the setback requirements of the R1-13.5 zoning district. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A, which is contiguous to Round Lake Park, will be dedicated to the City and utilized as park/open space. City Planner Michael Franzen added that the comprehensive guide plan change is only for approximately 2000 square feet, which is the land being given back to the City, so there is no loss of park land in the area. Also, he said there is a minor change in the resolution for the comprehensive guide plan amendment in that extra language was added to the third "whereas" to simplify the request. He said staff recommends approval. There were no comments from the public. MOTION: Case moved to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan from Park/Open Space to Low Density Residential on .05 acres, from Low Density Residential to Park/Open Space on .05 acres; and st approve 1 Reading of the Ordinance for Zoning District Change from Public to R1-13.5, from R1-13.5 to Public on .05 acres; and adopt the Resolution for Preliminary Plat of 0.93 acres into 2 lots and 1 outlot; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Butcher, motion carried 5-0. B. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution No. 2003-65 for PUD CITY COUNCIL MINUTES April 15, 2003 Page 5 Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal stated official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. He said this is for a parking lot expansion at the Eden Prairie City Center and to modify the existing access to Scenic Heights Road to create a second access to the parking lot. This stnd project is for 1 and 2 readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. The Community Planning Board voted 5-0 to recommended approval of the project to the City Council at the March 24, 2003 meeting. The plan shows construction of 49 new parking spaces and a second access to the parking lot from Scenic Heights Road. Neal said a waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. The awarding of bid will take place on May 20, 2003. The thth project will begin on June 16 and be completed August 15. Total cost for the project is approximately $200,000. Case asked if safety precautions had been taken regarding traffic in and out of the driveway. Dietz said there has been much discussion with Fire Department staff and the advantages of having the secondary entrance outweigh the conflict. Tyra-Lukens asked if cut-through traffic in the parking lot due to drivers avoiding the light at Scenic Heights and Mitchell Road would create a hazard. Dietz said 90 percent of the traffic using it will be internal traffic from the City Center, and having the secondary access will take pressure off signalized intersections. There was no public comment. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 30 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the I-5 Zoning District on 30 acres. Motion carried 5-0. C. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE City Manager Scott Neal said this is the first reading of an Ordinance amending City Code Section 11.03. He said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. Neal said the ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. The Rural Zoning District does not have a time limit related to outdoor sales of farm produce. The Commercial Zoning District has a 60 day time limit on the temporary outdoor sales of materials, supplies, and merchandise. The code on Outdoor Sales and Display also regulates the amount of area used for outdoor sales, setbacks from property lines, limits the impact on parking spaces, and provides for safe vehicle circulation. CITY COUNCIL MINUTES April 15, 2003 Page 6 Neal said Minnesota State Statute 329.14 regulates the licensing requirements for transient merchants and exempts persons selling products of the farm or garden. This statute is a mechanism facilitating the sale of farm produce. This State Statute excepting farmers prompted the discussion to change City Code to remove the 60 day limitation. He said this change was motivated by some farmers from last year. Case asked if the State Statute covered a farmer renting or leasing a corner piece of property to sell produce. Neal and Rosow said yes, that is their understanding. Case asked if the Marshall Farm Market fits under this as an owner occupied and cultivated land. Franzen noted the location of the ordinance change had been moved from one part of the same chapter to another part. Case asked if Sever Peterson wished to fit under this ordinance, he would have to own the land. Rosow said the ordinance does not say you have to own land to occupy it and cultivate it. Tyra-Lukens clarified that the purpose of this is to put the City's ordinance in sync with the State Statutes. Rosow said that is correct. There were no comments from the public. MOTION: Mosman moved, seconded by Young, to close the Public Hearing and approve 1st Reading of the Ordinance Related to Outdoor Storage and Displays by Exempting Farmers from the 60 Day Time Period. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and Tyra-Lukens voting “aye.” IX. ORDINANCES AND RESOLUTIONS A. CITY CENTER PARKING EXPANSION by City of Eden Prairie. 2nd Reading for Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (2nd reading of Ordinance No. 9-2003-PUD-5-2003 for PUD District Review and Zoning District Amendment and Resolution No. 2003-66 for Site Plan Review) City Manager Scott Neal said this is the second reading for an item discussed this evening under VII.B. and asked if there were any other questions regarding the issue. He noted the vote on this must be unanimous because first and second readings are done in the same night. There were no further questions. MOTION: Young moved, seconded by Butcher, to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the CITY COUNCIL MINUTES April 15, 2003 Page 7 I-5 Zoning District on 30 acres and adopt the Resolution for Site Plan Review. 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. Southwest Rail Study Update – Mayor Tyra-Lukens Tyra-Lukens said the Southwest Rail Transit Study group has two committees - a technical advisory committee (TAC) and a policy advisory committee (PAC) that has been studying different modes of transportation along the corridor for six months. She said out of many of the alternative routes that were suggested, all were subject to a Screen 1 evaluation. She presented drawings showing all routes selected for Screen 2 evaluation, eliminating all routes that involved the Lyndale Avenue alternative. Tyra-Lukens said the TAC committee did not recommend the 169 or Shady Oak routes, and instead recommended that 494 would continue to be studied and also the Light Rail corridor portion. The Policy Advisory Committee decided the 169 and Shady Oak option should remain in the rail study. She said the diesel multiple unit alternative was also rejected. She said there will be two area open houses, May 21 from 5-8 p.m. at the Hopkins Depot, and May 22 at Southwest Station from 4-7 p.m. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan – Completion of Phase II Parks and Recreation Director Bob Lambert said the consultant for the first item is not present yet, and asked to continue this item until the end of the meeting. 2. Request from Eden Prairie Baseball Association to Share Costs for Field Improvements Lambert said the Baseball Association is requesting about $80,000 worth of improvements to City ball fields. He said they would like to see the City fund 50% of the cost of the improvements over the next three years, and they are proposing $32,000 worth of improvements this year and CITY COUNCIL MINUTES April 15, 2003 Page 8 would provide $16,000 of matching funds. Lambert said all the improvements are things that the City would eventually do when it could afford it and it is beneficial to get 50 percent of the funding so Staff is recommending Council approve $16,000 funded through park dedication fees. Tyra-Lukens asked if this item is higher priority than planned improvements to the softball fields. Lambert said the baseball association has 1800 kids and uses a lot of fields throughout the community and those fields are not up to the standard of some softball fields, so they are offering to help pay to provide better playing conditions. He said the association paying for $16,000 of the cost does not change the priority of improvements needed at other fields. MOTION: Butcher moved to authorize improvements at eight of the City baseball fields at a cost share of 50% expenditure for the City and 50% expenditure for the Eden Prairie Baseball Association as per the request dated February 15, 2003. Seconded by Young, motion carried 5-0. 3. Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Entry Lambert stated in May of 2002, a citizen’s task force presented a management plan for Birch Island Woods, to provide a safe entry and parking lot at that facility. He said the anticipated cost is $50,000 with scheduled completion by the end of the summer. There were no further comments or questions. MOTION: Case moved to authorize staff to proceed with the construction of the entry road and parking lot improvements at Birch Island Woods Conservation Area at an estimated cost of $50,000. Lambert said if costs exceed $50,000, it would be brought back to Council for approval. Seconded by Mosman, motion carried 5-0. 4. Task Force to Rename the Senior Center Facility Lambert stated this recommendation is coming from the seniors who have done surveys of seniors who partake in senior programs but are not active users of the senior center. He said many of the users of the facility are not seniors. He asked if the council would support a name change, and if so, would they approve the Charter statement that has been drafted by the seniors listing the goals of the committee. Case said he supports the seniors' initiative, and asked if there is a mission statement. He asked if there is a long-term goal for the building and if this would be a good time to address that. Lambert said one of the goals of the senior programmers is to initiate more inter-generational programs that CITY COUNCIL MINUTES April 15, 2003 Page 9 would include a wide variety of uses for the building. He said this would supplement the senior programs, offering more program opportunities. Case said the name fits into a vision/mission look. Lambert said it will be addressed with the committee. MOTION: Young moved, seconded by Mosman, to approve recommending the appointment of a Task Force to consider a possible new name for the Senior Center Facility; and approve the Charter Statement for the Senior Center Name Change Task Force Committee. Motion carried 5-0. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Hillcrest/Alpine Area Street and Storm Sewer Improvements, I.C. 98-5471 (Resolution) MOTION: Case moved, seconded by Young, to table this item until the second City Council meeting in May, 2003. Motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF 1. Update on Grants Fire Chief George Esbensen reported that they have applied for two grants and have so far been selected for the Citizens Emergency Response Team (CERT) grant which is a two-part grant totaling $41,000. He said two teams will be trained - the first team with 15-20 people in the spring and a second team in the fall. He said the first team is in place consisting of people with a close working knowledge of public safety operations. He said the second group that will be recruited in the fall will come from a wider cross-section of the city. Butcher said she appreciates Tyra-Lukens asked what the mechanism would be for recruiting the second group. Esbensen said the citizen’s counsel would help tap into other resources. Butcher thanked Esbensen for his efforts. Esbensen thanked Julie Mitchell. Esbensen said the second grant, submitted April 11, 2003, is a Fire Act Grant. He said there is $750M available specifically for the fire service and covers a number of areas. Esbensen said the City has applied for the grant in two specific areas - establishment of a standardized cache of equipment that will be put on each truck at each fire station. He said the reason to have the equipment is to rescue downed firefighters. He said this standardized cache has been standardized with Chanhassen and Edina. Esbensen said there is also a request for monies to bring the current Self- contained Breathing Apparatus up to the more current NFPA compliance CITY COUNCIL MINUTES April 15, 2003 Page 10 standards. He said the request is for $75,000 and requires a 30% city match. C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan – Completion of Phase II (This item was continued earlier in this meeting.) Parks and Recreation Director Bob Lambert introduced consultants Barry Warner and Ken Grieshaber from SRF Consulting Group. Warner gave a short presentation on Phase II of the Purgatory Creek Recreation Area Plan with drawings, photos and diagrams. He also spoke briefly about the boardwalk in the Phase III plan. He said the schedule, if approved, would be that the project would be advertised tomorrow, bids received by May 8, 2003, and the project brought back to the Council at the second meeting in May. He said construction should then be completed by November 1, 2003. Tyra-Lukens expressed concern about settling issues of pavers. Warner said an interlocking paver system will be used which is more friendly to settling. Butcher asked how the gardens would impact the City's budget in the future. Lambert said a full-time park maintenance person was added last year and current Staff will be able to maintain this facility. Lambert said the majority of plantings will be perennials. Lambert said noted the Parks Recreation Natural Resources Commission did recommend approval with the architecturally designed restrooms. He said the boardwalk would have to wait at least 3 years. He said he has asked for conservative designs for the project that could be closer to $1.3 million. He said the tree replacement project will fund trees at the site. Lambert said matching funds for the trails project will come from park dedication fees from area residential development. MOTION: Case moved, seconded by Butcher, to advertise for bids to complete Phase II improvements for the Purgatory Creek Recreation Area as detailed in plans dated March 27, 2003. Case asked Lambert to comment on the prefabricated restroom facility. Lambert said the quality, size and material options of the facility should match materials to the main park shelter to make it look like an overall planned facility and not an add-on facility. He said funds to be used are set aside to be spent on park facilities. Mosman said it should be noted that each phase is expensive and asked if Council would be willing to look at other ways of raising money to help fund the park. Lambert said this park has many features that will be added to over the years. He said there is an area in the park designated for brick pavers where people would be able to buy a brick and invest in art pieces that would be placed in the park in the future. CITY COUNCIL MINUTES April 15, 2003 Page 11 Case said although this park may not rate high as a priority on a survey, the Council sometimes must make decisions to spend tax dollars to enhance Eden Prairie, taking into consideration all things that will be best for the City. Dietz noted the original funds for this came from the tax increment financing district and the success of that major center area generated the funds. He said this was part of the original vision for the downtown area. Motion carried 5-0. G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. The Cove 2nd Addition City Attorney Ric Rosow stated that at the last meeting there was a public hearing on this issue and the motion passed was to direct Staff to come back with findings that would support denial of the project. He said as he worked on findings, the proponent and Staff engaged in further conversation on the proposal and possible alternatives to create a plan for wetland buffer and setback on all three lots rather than one lot. Rosow said he recommends reconsider the action taken at the last meeting, and then direct Staff to notice a public hearing for May 6, 2003, at which the alternative proposal would be presented for public input and possible Council action. MOTION: Mosman moved, seconded by Butcher, to reconsider the motion taken on The Cove 2nd Addition at the April 1, 2003 City Council meeting. Case noted this is the best route to go on this issue, and Council is not reversing itself, but is taking counsel's advice. Motion carried 5-0. MOTION: Young moved, seconded by Butcher, to direct Staff to publish a notice of public hearing at the May 6, 2003 meeting at which time the proponent would present an alternative proposal for development of The Cove 2nd Addition. Case noted that Councilmembers had not discussed this among themselves, but the City Attorney had just recently educated individual Councilmembers to some changes on this proposal. Rosow said it is in the City's best interest to consider the alternative proposal rather than adopt findings of denial. Motion carried 5-0. XIV. OTHER BUSINESS XV. ADJOURNMENT CITY COUNCIL MINUTES April 15, 2003 Page 12 MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum will be held the first and third Tuesday of the month from 6:30 – 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office (at 952-949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal noted there are non-material changes to Items VI.E., VI.K, VII.A. and VII.C. City Attorney Ric Rosow requested Item VII.E., public hearing for special assessments on Hillcrest/Alpine neighborhood, be heard prior to Item VII.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD APRIL 1, 2003 MOTION: Mosman moved, seconded by Case, to approve as published the minutes of the Council Workshop held April 1, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 2003 Mosman noted a change on Page 5, last paragraph, where 10-foot setback should be changed to 100-foot setback. CITY COUNCIL MINUTES April 15, 2003 Page 2 MOTION: Case moved, seconded by Butcher, to approve as published and amended the minutes of the City Council Meeting held April 1, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERKS LICENSE LIST B. LAKE POINT by Taurus Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres. Location: Southeast corner of Mitchell Road and Cumberland Road. (Ordinance No. 7-2003-3-2003 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2003-60 APPROVING FINAL PLAT OF LAKE POINT D. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND POLLUTION PREVENTION PLAN E. APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A NEW TRAIL WITHIN TH 212 RIGHT-OF-WAY ADJACENT TO EDEN WOODS SENIOR CAMPUS (RESOLUTION NO. 2003-61 ) F. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2003 TO BE SURPLUS PROPERTY G. ACCEPT DONATION OF LAND ALONG RILEY CREEK FROM RAY N. WELTER, JR. H. AWARD CONTRACT FOR 2003 STREET CRACKSEALING TO PRECISION SEALCOAT, INC. I. AWARD CONTRACT FOR 2003 STRIPING TO AAA STRIPING J. ADOPT RESOLUTION NO. 2003-62 APPROVING PLANS AND SPECIFICATIONS FOR TH 212/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5543 K. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR SETTLERS RIDGE 5TH ADDITION MOTION: Young moved, seconded by Mosman, to approve Items A-K of the Consent Calendar. Motion carried 5-0. Tyra-Lukens said she wanted to acknowledge the civic spirit of Ray Walter, Jr. who donated a portion of land that is critical to entry into the City's trail system and preservation of the creek valley area. CITY COUNCIL MINUTES April 15, 2003 Page 3 VII. PUBLIC HEARINGS / MEETINGS D. SPECIAL ASSESSMENT HEARING FOR THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 (Resolution) Rosow said he asked Staff to provide him with a copy of the notice that was published in the newspaper and sent to homeowners on this issue. He said the notice was compared to State Statute requirements and the notice did not contain an element required by the Statute. He said the notice must state in clear language six items, one of which is "adoption by the council of the proposed assessment may be taken at the hearing." Rosow said that particular element is not stated in clear language in the notice of hearing for the proposed assessment. Rosow said if proper notice is not given, then Council cannot effectively take action on the assessment, so he recommends a public hearing not be conducted because in his opinion, any action taken as a result of this notice would not be effective. Rosow said objections to the assessment will be publicly acknowledged this evening and will be effective for this special assessment process. He said he recommends new notices be sent out with the correct language and a public hearing rescheduled based on that notice. Written objections from the following residents were presented to Mayor Tyra- Lukens and read aloud by Public Works Director Eugene Dietz: Don and Laura Isensee; Laurence and Jolene Smith; B. Uhlig; Joel and Mary Sternke; Rodney Christopher; Joseph and Christine Lupo; Thomas and Kelliann Lundin; Glenn and Linda Hayen; Norbert and Patricia Gernes (for two properties); Laurence and Jenny Nicpon; Todd and Cindy Smith; Gary and LuAnn Rieder; Ralph and June Hoffmann; Robert Johnson; Douglas and Nancy Lawver; Wallace and Elaine MacDonald; Patricia Martin; Marvin and Teresa Miller; Clark and Dorothy Ewert; Daniela and Catalin Petrescu; Glen and Sue Stoever; Tom and Judy Atkinson; Paul and Mary Walentiny; Dennis and Judith Peterson (requested their names be retracted). Tyra-Lukens extended apologies to those who attended tonight's meeting for the purpose of this public hearing. She said the issue will be heard at the second meeting in May and asked those who are unable to attend that meeting to please contact Councilmembers or Staff. Rosow suggested Council adopt a motion to direct Staff to send out a new corrected notice scheduling a new public hearing on these assessments. He said property owners will have until that hearing and at that hearing to continue to file objections. MOTION: Case moved, seconded by Mosman, to republish and mail proper notices to the residents affected by the Hillcrest/Alpine special assessments and ask Staff, in that notice, to set date and time for the public hearing on the special assessments. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2003 Page 4 A. LORENCE 3rd ADDITION by Jon and Katie Thoma. Request for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on .05 acres, Comprehensive Guide Plan Change from Low Density Residential to Park/Open Space on .05 acres, Zoning District Change from R1- 13.5 to Public on .05 acres, Zoning District Change from Public to R1-13.5 on .05 acres, and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road. (Resolution No. 2003-63 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution No. 2003-64 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current and sent to 53 property owners. He said this is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. The Community Planning Board voted 5-0 to recommend approval of the project at its March 24, 2003 meeting. The City Council unanimously approved a similar proposal for the property in 1991. However, the owner of the property at that time later withdrew the project. Neal said both lots meet City Code for size and dimensions. All housing units meet the setback requirements of the R1-13.5 zoning district. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A, which is contiguous to Round Lake Park, will be dedicated to the City and utilized as park/open space. City Planner Michael Franzen added that the comprehensive guide plan change is only for approximately 2000 square feet, which is the land being given back to the City, so there is no loss of park land in the area. Also, he said there is a minor change in the resolution for the comprehensive guide plan amendment in that extra language was added to the third "whereas" to simplify the request. He said staff recommends approval. There were no comments from the public. MOTION: Case moved to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan from Park/Open Space to Low Density Residential on .05 acres, from Low Density Residential to Park/Open Space on .05 acres; and approve 1st Reading of the Ordinance for Zoning District Change from Public to R1-13.5, from R1-13.5 to Public on .05 acres; and adopt the Resolution for Preliminary Plat of 0.93 acres into 2 lots and 1 outlot; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Butcher, motion carried 5-0. B. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution No. 2003-65 for PUD CITY COUNCIL MINUTES April 15, 2003 Page 5 Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal stated official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. He said this is for a parking lot expansion at the Eden Prairie City Center and to modify the existing access to Scenic Heights Road to create a second access to the parking lot. This project is for 1st and 2nd readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. The Community Planning Board voted 5-0 to recommended approval of the project to the City Council at the March 24, 2003 meeting. The plan shows construction of 49 new parking spaces and a second access to the parking lot from Scenic Heights Road. Neal said a waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. The awarding of bid will take place on May 20, 2003. The project will begin on June 16th and be completed August 15th . Total cost for the project is approximately $200,000. Case asked if safety precautions had been taken regarding traffic in and out of the driveway. Dietz said there has been much discussion with Fire Department staff and the advantages of having the secondary entrance outweigh the conflict. Tyra-Lukens asked if cut-through traffic in the parking lot due to drivers avoiding the light at Scenic Heights and Mitchell Road would create a hazard. Dietz said 90 percent of the traffic using it will be internal traffic from the City Center, and having the secondary access will take pressure off signalized intersections. There was no public comment. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 30 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the I-5 Zoning District on 30 acres. Motion carried 5-0. C. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE City Manager Scott Neal said this is the first reading of an Ordinance amending City Code Section 11.03. He said official notice of this public hearing was published in the April 3, 2003, Eden Prairie Sun Current. Neal said the ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. The Rural Zoning District does not have a time limit related to outdoor sales of farm produce. The Commercial Zoning District has a 60 day time limit on the temporary outdoor sales of materials, supplies, and merchandise. The code on Outdoor Sales and Display also regulates the amount of area used for outdoor sales, setbacks from property lines, limits the impact on parking spaces, and provides for safe vehicle circulation. CITY COUNCIL MINUTES April 15, 2003 Page 6 Neal said Minnesota State Statute 329.14 regulates the licensing requirements for transient merchants and exempts persons selling products of the farm or garden. This statute is a mechanism facilitating the sale of farm produce. This State Statute excepting farmers prompted the discussion to change City Code to remove the 60 day limitation. He said this change was motivated by some farmers from last year. Case asked if the State Statute covered a farmer renting or leasing a corner piece of property to sell produce. Neal and Rosow said yes, that is their understanding. Case asked if the Marshall Farm Market fits under this as an owner occupied and cultivated land. Franzen noted the location of the ordinance change had been moved from one part of the same chapter to another part. Case asked if Sever Peterson wished to fit under this ordinance, he would have to own the land. Rosow said the ordinance does not say you have to own land to occupy it and cultivate it. Tyra-Lukens clarified that the purpose of this is to put the City's ordinance in sync with the State Statutes. Rosow said that is correct. There were no comments from the public. MOTION: Mosman moved, seconded by Young, to close the Public Hearing and approve 1st Reading of the Ordinance Related to Outdoor Storage and Displays by Exempting Farmers from the 60 Day Time Period. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and Tyra-Lukens voting “aye.” IX. ORDINANCES AND RESOLUTIONS A. CITY CENTER PARKING EXPANSION by City of Eden Prairie. 2nd Reading for Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (2nd reading of Ordinance No. 9-2003-PUD-5-2003 for PUD District Review and Zoning District Amendment and Resolution No. 2003-66 for Site Plan Review) City Mana ger Scott Neal said this is the second reading for an item discussed this evening under VII.B. and asked if there were any other questions regarding the issue. He noted the vote on this must be unanimous because first and second readings are done in the same night. There were no further questions. MOTION: Young moved, seconded by Butcher, to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the CITY COUNCIL MINUTES April 15, 2003 Page 7 I-5 Zoning District on 30 acres and adopt the Resolution for Site Plan Review. 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. Southwest Rail Study Update – Mayor Tyra-Lukens Tyra-Lukens said the Southwest Rail Transit Study group has two committees - a technical advisory committee (TAC) and a policy advisory committee (PAC) that has been studying different modes of transportation along the corridor for six months. She said out of many of the alternative routes that were suggested, all were subject to a Screen 1 evaluation. She presented drawings showing all routes selected for Screen 2 evaluation, eliminating all routes that involved the Lyndale Avenue alternative. Tyra-Lukens said the TAC committee did not recommend the 169 or Shady Oak routes, and instead recommended that 494 would continue to be studied and also the Light Rail corridor portion. The Policy Advisory Committee decided the 169 and Shady Oak option should remain in the rail study. She said the diesel multiple unit alternative was also rejected. She said there will be two area open houses, May 21 from 5-8 p.m. at the Hopkins Depot, and May 22 at Southwest Station from 4-7 p.m. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan – Completion of Phase II Parks and Recreation Director Bob Lambert said the consultant for the first item is not present yet, and asked to continue this item until the end of the meeting. 2. Request from Eden Prairie Baseball Association to Share Costs for Field Improvements Lambert said the Baseball Association is requesting about $80,000 worth of improvements to City ball fields. He said they would like to see the City fund 50% of the cost of the improvements over the next three years, and they are proposing $32,000 worth of improvements this year and CITY COUNCIL MINUTES April 15, 2003 Page 8 would provide $16,000 of matching funds. Lambert said all the improvements are things that the City would eventually do when it could afford it and it is beneficial to get 50 percent of the funding so Staff is recommending Council approve $16,000 funded through park dedication fees. Tyra-Lukens asked if this item is higher priority than planned improvements to the softball fields. Lambert said the baseball association has 1800 kids and uses a lot of fields throughout the community and those fields are not up to the standard of some softball fields, so they are offering to help pay to provide better playing conditions. He said the association paying for $16,000 of the cost does not change the priority of improvements needed at other fields. MOTION: Butcher moved to authorize improvements at eight of the City baseball fields at a cost share of 50% expenditure for the City and 50% expenditure for the Eden Prairie Baseball Association as per the request dated February 15, 2003. Seconded by Young, motion carried 5-0. 3. Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Entry Lambert stated in May of 2002, a citizen’s task force presented a management plan for Birch Island Woods, to provide a safe entry and parking lot at that facility. He said the anticipated cost is $50,000 with scheduled completion by the end of the summer. There were no further comments or questions. MOTION: Case moved to authorize staff to proceed with the construction of the entry road and parking lot improvements at Birch Island Woods Conservation Area at an estimated cost of $50,000. Lambert said if costs exceed $50,000, it would be brought back to Council for approval. Seconded by Mosman, motion carried 5-0. 4. Task Force to Rename the Senior Center Facility Lambert stated this recommendation is coming from the seniors who have done surveys of seniors who partake in senior programs but are not active users of the senior center. He said many of the users of the facility are not seniors. He asked if the council would support a name change, and if so, would they approve the Charter statement that has been drafted by the seniors listing the goals of the committee. Case said he supports the seniors' initiative, and asked if there is a mission statement. He asked if there is a long-term goal for the building and if this would be a good time to address that. Lambert said one of the goals of the senior programmers is to initiate more inter-generational programs that CITY COUNCIL MINUTES April 15, 2003 Page 9 would include a wide variety of uses for the building. He said this would supplement the senior programs, offering more program opportunities. Case said the name fits into a vision/mission look. Lambert said it will be addressed with the committee. MOTION: Young moved, seconded by Mosman, to approve recommending the appointment of a Task Force to consider a possible new name for the Senior Center Facility; and approve the Charter Statement for the Senior Center Name Change Task Force Committee. Motion carried 5-0. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Hillcrest/Alpine Area Street and Storm Sewer Improvements, I.C. 98-5471 (Resolution) MOTION: Case moved, seconded by Young, to table this item until the second City Council meeting in May, 2003. Motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF 1. Update on Grants Fire Chief George Esbensen reported that they have applied for two grants and have so far been selected for the Citizens Emergency Response Team (CERT) grant which is a two-part grant totaling $41,000. He said two teams will be trained - the first team with 15-20 people in the spring and a second team in the fall. He said the first team is in place consisting of people with a close working knowledge of public safety operations. He said the second group that will be recruited in the fall will come from a wider cross-section of the city. Butcher said she appreciates Tyra-Lukens asked what the mechanism would be for recruiting the second group. Esbensen said the citizen’s counsel would help tap into other resources. Butcher thanked Esbensen for his efforts. Esbensen thanked Julie Mitchell. Esbensen said the second grant, submitted April 11, 2003, is a Fire Act Grant. He said there is $750M available specifically for the fire service and covers a number of areas. Esbensen said the City has applied for the grant in two specific areas - establishment of a standardized cache of equipment that will be put on each truck at each fire station. He said the reason to have the equipment is to rescue downed firefighters. He said this standardized cache has been standardized with Chanhassen and Edina. Esbensen said there is also a request for monies to bring the current Self- contained Breathing Apparatus up to the more current NFPA compliance CITY COUNCIL MINUTES April 15, 2003 Page 10 standards. He said the request is for $75,000 and requires a 30% city match. C. REPORT OF PARKS AND RECREATION DIRECTOR 1. (This item was continued earlier in this meeting.) Purgatory Creek Recreation Area Plan – Completion of Phase II Parks and Recreation Director Bob Lambert introduced consultants Barry Warner and Ken Grieshaber from SRF Consulting Group. Warner gave a short presentation on Phase II of the Purgatory Creek Recreation Area Plan with drawings, photos and diagrams. He also spoke briefly about the boardwalk in the Phase III plan. He said the schedule, if approved, would be that the project would be advertised tomorrow, bids received by May 8, 2003, and the project brought back to the Council at the second meeting in May. He said construction should then be completed by November 1, 2003. Tyra-Lukens expressed concern about settling issues of pavers. Warner said an interlocking paver system will be used which is more friendly to settling. Butcher asked how the gardens would impact the City's budget in the future. Lambert said a full-time park maintenance person was added last year and current Staff will be able to maintain this facility. Lambert said the majority of plantings will be perennials. Lambert said noted the Parks Recreation Natural Resources Commission did recommend approval with the architecturally designed restrooms. He said the boardwalk would have to wait at least 3 years. He said he has asked for conservative designs for the project that could be closer to $1.3 million. He said the tree replacement project will fund trees at the site. Lambert said matching funds for the trails project will come from park dedication fees from area residential development. MOTION: Case moved, seconded by Butcher, to advertise for bids to complete Phase II improvements for the Purgatory Creek Recreation Area as detailed in plans dated March 27, 2003. Case asked Lambert to comment on the prefabricated restroom facility. Lambert said the quality, size and material options of the facility should match materials to the main park shelter to make it look like an overall planned facility and not an add-on facility. He said funds to be used are set aside to be spent on park facilities. Mosman said it should be noted that each phase is expensive and asked if Council would be willing to look at other ways of raising money to help fund the park. Lambert said this park has many features that will be added to over the years. He said there is an area in the park designated for brick pavers where people would be able to buy a brick and invest in art pieces that would be placed in the park in the future. CITY COUNCIL MINUTES April 15, 2003 Page 11 Case said although this park may not rate high as a priority on a survey, the Council sometimes must make decisions to spend tax dollars to enhance Eden Prairie, taking into consideration all things that will be best for the City. Dietz noted the original funds for this came from the tax increment financing district and the success of that major center area generated the funds. He said this was part of the original vision for the downtown area. Motion carried 5-0. G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. The Cove 2nd Addition City Attorney Ric Rosow stated that at the last meeting there was a public hearing on this issue and the motion passed was to direct Staff to come back with findings that would support denial of the project. He said as he worked on findings, the proponent and Staff engaged in further conversation on the proposal and possible alternatives to create a plan for wetland buffer and setback on all three lots rather than one lot. Rosow said he recommends reconsider the action taken at the last meeting, and then direct Staff to notice a public hearing for May 6, 2003, at which the alternative proposal would be presented for public input and possible Council action. MOTION: Mosman moved, seconded by Butcher, to reconsider the motion taken on The Cove 2nd Addition at the April 1, 2003 City Council meeting. Case noted this is the best route to go on this issue, and Council is not reversing itself, but is taking counsel's advice. Motion carried 5-0. MOTION: Young moved, seconded by Butcher, to direct Staff to publish a notice of public hearing at the May 6, 2003 meeting at which time the proponent would present an alternative proposal for development of The Cove 2nd Addition. Case noted that Councilmembers had not discussed this among themselves, but the City Attorney had just recently educated individual Councilmembers to some changes on this proposal. Rosow said it is in the City's best interest to consider the alternative proposal rather than adopt findings of denial. Motion carried 5-0. XIV. OTHER BUSINESS XV. ADJOURNMENT CITY COUNCIL MINUTES April 15, 2003 Page 12 MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m.