HomeMy WebLinkAboutCity Council - 08/03/2004 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,AUGUST 3,2004 8:00 PM,EDEN PRAIRIE CENTER
HOUSING&HUMAN SERVICES OFFICE
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, City Planner Michael Franzen, Community Development Director Janet
Jeremiah, City Attorney Ric Rosow and Council Recorder Lorene McWaters
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 8:10 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Mayor Tyra-Lukens added a discussion topic under XIII. A. and Councilmember Mosman
added a discussion topic under XIII. A.
MOTION: Young moved, seconded by Mosman, to approve the Agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 20, 2004
MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City
Council Workshop held Tuesday, July 20, 2004. Motion carried 4-0 with Butcher
abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 20, 2004
MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City
Council Meeting held Tuesday, July 20,2004. Motion carried 4-0 with Butcher
abstaining.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
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August 3,2004
Page 2
B. AWARD CONTRACT FOR WATER FILL STATION IMPROVEMENTS AT
THE WATER TREATMENT PLANT TO MAGNEY CONSTRUCTION,
I.C. 01-5527
C. ADOPT RESOLUTION NO. 2004-118 AUTHORIZING ISSUANCE AND SALE
OF$8,000,000 MULTIFAMILY HOUSING DEVELOPMENT REVENUE NOTE
OF 2004 FOR BROADMOOR APARTMENTS PROJECT
D. ADOPT RESOLUTION NO. 2004-119 APPROVING APPOINTMENT OF
ELECTION JUDGES FOR THE 2004 PRIMARY AND GENERAL ELECTION
E. APPROVE SELECTION OF SHORT ELLIOT HENDRICKSON,INC.,AS THE
DESIGN FIRM FOR FIRE STATION 4
MOTION: Butcher moved, seconded by Case, to approve Items A-E of the Consent
Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS /MEETINGS
VIII. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The motion
was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens
voting"aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Southwest Metro Bus Service to the State Fair—Mayor Tyra-Lukens
Tyra-Lukens reported that there is not enough parking at the transit site for
people wishing to ride the bus to the State Fair. Arrangements have been made
for buses to run from the south side of Eden Prairie Center to the fairgrounds.
Roundtrip fair will be three dollars.
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August 3,2004
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2. National Night Out—Councilmember Mosman
Mosman said she and the other Councilmembers attended National Night Out
events earlier in the evening. Mosman said the popularity of the event in Eden
Prairie is continuing to grow. Her understanding is that there were more than
70 registered groups participating this year, compared to about 59 groups last
year.
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
City Manager Scott Neal said the Miller Park Softball Field Building and Community
Center improvements were not listed on the Consent Agenda to allow staff to provide
details of the projects and allow for discussion of these requests for improvements
despite the defeat of the May referendum.
1. Girls Athletic Association - Storage/Concession/Restroom Facility at
Miller Park Softball Fields
Parks and Recreation Director Bob Lambert said when Miller Park was built in
the late 80s, the City felt it could not afford to construct the seven proposed park
buildings. At that time, the City said it would construct the facilities one at a
time as budgets permitted. Lambert said virtually all of the athletic associations
requested their respective buildings be built right away. The City told the
associations that if they could provide matching funds,they would consider
going forward with the projects. The Men's Baseball Association came to the
City with 40%of the funds required to build their facility. The plan was
approved by Council, and the building was constructed. Since then, the
assumption has been that associations are expected to provide 40 percent of the
funds necessary to construct facilities. Lambert noted that the Girls' Softball
Association is small in comparison to some of the other associations. They
expressed concern that they would not be able to raise 40 percent of the funds to
construct a facility. Lambert suggested that they collect as much money as they
could and come back to him with a proposal. The association was able to raise
$50,000 toward a building and proposed a design that included a shade
structure, restrooms, storage space, and concessions area. This proposed
building was included in the referendum that was defeated in May.
Lambert said the association has now come back to the City with a new plan
that eliminates the shade structure,but includes the restroom, storage space, and
concessions features. The Parks and Recreation Commission supports the
design of the building,which is estimated to cost around$420,000. Lambert
said$350,000 was set aside for this building in the CIP four years ago. He
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August 3,2004
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added that it is not surprising that the proposed building is estimated to cost an
additional $70,000 since the original estimate is made before a design is
developed.
Lambert said he feels the Girls Softball Association deserves this facility, and
that it is a facility that will serve them and the City well. The Parks and
Recreation Commission voted to support this proposal on a 9-0 vote. Staff also
supports the design,which they feel complements existing Miller Park
structures.
Councilmember Case asked if there is any way of building a facility of this type
to support multiple uses rather than for just one association. Lambert said this
particular building will be located in the pinwheel of fields that are used 99
percent of the time by the Girls Softball Association. The only other use he is
aware of for these fields is for boys' under-12 tournaments a couple of times a
year. Lambert said it does not work to share concessions areas because each
association must buy and store its own products and they are trained in specific
use of their equipment. Councilmember Butcher asked about the expected life
of this type of building. Lambert said it is 40 to 50 years. Butcher also asked
whether or not the association would assist in maintenance of the building.
Lambert said they will be responsible only for cleaning of the concessions area.
Butcher asked for clarification of what funds, in addition to the $50,000
association contribution,would pay for the building. Lambert said park
dedication funds will be used.
MOTION: Councilmember Mosman moved, seconded by Butcher,to approve
the concept design and funds for construction of the storage/concession/
restroom facility at Miller Park Softball Fields. Motion carried 5-0.
2. Proposed Improvements to Community Center
Lambert noted that these proposed improvements for a total of$70,000 include
$30,000 that was already budgeted for the Community Center this year.
Lambert said that when Rink 1 went down due to failure of the ice system, staff
saw this as an opportunity to make some significant improvements to the
Community Center. Funds raised from rental of parking spaces to high school
students during the regular school year will be used for these improvements.
Lambert said these relatively inexpensive improvements will vastly improve the
efficiency of the facility, and when Rink 1 reopens,users will come back to a
much improved facility.
Team rooms 1 and 2 are currently too small to accommodate a hockey team.
Conversion of these rooms one large team room in Rink 1 will help alleviate
crowding. Relocating skate rental and blade sharpening from Rink Two to Rink
One will improve access to these services and allow for more efficient staffing.
Conversion of meeting rooms A and B and racquetball court 1 into a new fitness
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August 3,2004
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center will result in expansion of the fitness area from 900 s.f. to 2000 s.f.
Lambert said last time improvements were made to the fitness center,
membership increased by 150 members. He said doubling the size of the fitness
center now will result in at least as many new memberships, if not more. He
noted that a survey conducted this spring indicated that 89 percent of
Community Center members come for the physical fitness benefits.
The new Arcade Room will serve as a safe place for siblings to play while
another child in the family is skating or swimming. The area will be monitored
by cameras, so it is not expected to require additional staffing. It is expected
that the games in this area will bring in additional revenue. Current fees for
community center memberships are$130 for an individual and$240 for a
family. Lambert said he does not expect to raise these rates as a result of the
proposed improvements.
The Parks and Recreation Commission supported the proposed improvements
by a 9-0 vote at their August 2 meeting.
Councilmember Mosman said the improvements sound like a good idea.
Councilmember Case said he appreciated Neal's and Lambert's comments
about the referendum earlier in the meeting. Case said he would like staff to
write a commentary for the newspaper explaining what the defeat of the
referendum means in terms of City spending on parks and recreation projects.
He said the commentary would need to be sensitive to voters' feelings, and
should clearly explain how the Council goes about making decisions on
spending in light of the defeat of the referendum. Lambert agreed with Case,
and noted that Parks and Recreation Commission Chair Rob Barrett made a
similar point at their commission meeting.
Lambert said it is important to remember that many of the items on the
referendum would have been partly funded by CIP funds. He said the residents
said no to $22.5 million referendum,but that does not mean no item on the
referendum will ever be done. He agreed that an article on this topic would be
timely.
Councilmember Young said he agreed with some of what Case said;however,
he said an article of this type could also be a lightning rod. If the City decides
to do this type of spending, it is important to issue some type of official
statement. Councilmember Butcher said she has absolutely no qualms about
approving the improvements on this list tonight. She said these improvements
address issues that have been out there for a long time.
MOTION: Butcher moved, seconded by Case,to approve the proposed
improvements to the Community Center as indicated in the remodeling plans
prepared by Delano Erickson Architects at an estimated cost of$50,000, and an
additional$20,000 for new fitness equipment for a total expenditure on
improvements at the Community Center of$70,000. Motion carried 5-0.
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August 3,2004
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3. Referendum Survey
Lambert said four members of the Parks and Recreation Commission, two
Councilmembers and staff met with representatives from Marketline Research
on July 22 to discuss revisions to the draft survey. As a result, the survey was
scaled back and portions were reworded. The new draft survey was discussed at
the Parks and Recreation Commission meeting on August 2. Lambert said they
were supportive of the new version with a few minor exceptions. The
Commission discussed whether or not questions 11 and 12 should be combined;
however they did not make a final recommendation on this item. After question
11, the interviewer should skip to question 13 instead of question 14. The
Commission suggested rewording question 17 to say, " . . . which of these did
you support in the last referendum?" Question 20 should be asked regardless of
the answer to question 17h. Lambert said the commissioners also feel it is
important to find out what level of dollars people will tolerate for parks and
recreation improvements, as the school district did in their survey. If the City
knows the level of spending tolerance, they can look at setting realistic
priorities.
Mayor Tyra-Lukens said it sounds like the survey will be helpful information.
She said it was her understanding that only people who voted in the referendum
would be surveyed, so she wondered why the survey asks whether or not the
person voted. Lambert said that although the City has phone numbers for
households that voted, it is possible that the person who answers the phone is
not the individual who actually voted. Tyra-Lukens also wanted to know why
the survey includes questions about the school referendum. Lambert said they
need to know how many people, if any, voted no because they didn't know how
much the schools would be asking for on their referendum. He said the City
does not in any way want to negatively impact the school referendum by asking
these questions. Scott Neal noted that he sent the proposed questions about the
school referendum to Superintendent Melissa Krull for review. She in turn
received input from the School District's survey consultant and made
suggestions that will be incorporated into the City's survey.
Councilmember Butcher said she is not comfortable with this piece. She said it
could raise questions in the public's mind of how closely the City and Schools
are working to raise taxes. She would like to eliminate any perception that the
City and Schools are"in cahoots." Neal said that in a way they are"in
cahoots,"only in a good, collaborative way. Mosman said she doesn't have a
problem with these questions. She has heard from people who said they voted
"no"on the referendum because of the upcoming school referendum. She
thinks the City needs to have this information. Lambert said the information
from the survey will be useful to both the City and the School District in
determining how far apart they need to hold referendums in the future. Butcher
said we already intuitively know running two referenda close together will have
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August 3, 2004
Page 7
an impact, and she is still worried about the public getting the wrong perception
from these questions.
Councilmember Young asked how much the survey will cost. Lambert said the
cost is $12,000. Young said he generally feels surveys can be useful tools.
However,he is concerned that in the year and a half he has served on Council,
the results of two surveys have been called into question by others on the
Council. Therefore,he is less willing to support this survey.
MOTION: Case moved, seconded by Mosman, to approve the Draft
Referendum Analysis Survey. Motion carried 4-1 with Young opposed.
Lambert asked for clarification on the Council's decision on the school
questions on the survey. Tyra-Lukens said she had no objections, other than
that the transition seemed somewhat abrupt. Neal noted that Superintendent
Krull's revisions have not yet been incorporated. Neal also recommended
leaving the questions in. Butcher said her reservations were not serious enough
to prevent her from voting for the motion. Tyra-Lukens asked that the final
revisions be e-mailed to Councilmembers.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Construction Contract for TH 212/Prairie Center Drive Intersection
Improvement Project
Public Works Director Gene Dietz said five sealed bids were received for this
project,with the low bid of$1,765,534.15 coming in 11 percent over the
engineer's estimate. Due to the high bids and tight construction schedule, staff
is recommending the bids be rejected and the project be re-bid for a spring 2005
construction start. Dietz said staff initially intended to award this contract on
June 1,but the approval process took longer than anticipated. Since all five bids
received were over estimate, Dietz said he does not feel it is worth pushing the
project forward this year.
MOTION: Mosman moved, seconded by Butcher, to reject bids for the TH
212/Prairie Center Drive Intersection Improvement Project, I.C., #01-5527.
Motion carried 5-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
CITY COUNCIL IV 'it=S
August 3,2004
Page 8
XIV. OTHER BUSINESS
Scott Neal said Council and staff were happy to welcome everyone to this "field" Council
Meeting at the City's new Housing and Human Services office at Eden Prairie Center. He
said staff had been working on getting this space up and running since the mall was
remodeled a couple of years ago, and they are very pleased with the new space.
XV. ADJOURNMENT
MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0.
Mayor Tyra-Lukens adjourned the meeting at 8:52 p.m.
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,DECEMBER 21, 2004 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, City Planner Michael Franzen, Community Development Director Janet
Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. TRUTH-IN-TAXATION HEARING HELD MONDAY,DECEMBER 6,2004
B. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 7,2004
C. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 7, 2004
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. HENNEPIN VILLAGE SITE C REZONING by Dan Herbst,Hennepin Village
LP. 2nd Reading for Planned Unit Development District Review on 11.99 acres,
Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, and Site Plan
Review on 11.99 acres. Location: North of Highway 212, east of Spring Road
C. DAIRY QUEEN GRILL AND CHILL by Frauenshuh Companies. 2nd Reading for
Planned Unit Development District Review with waivers on .84 acres, Zoning
District Amendment in the Community Commercial Zoning District on .84 acres, and
Site Plan Review on .84 acres. Location: 8868 Aztec Drive.
D. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.70 RELATING TO SIGNS
E. APPROVE SECOND READING OF AN ORDINANCE CHANGING THE
NAME OF SPRING ROAD SOUTH OF PIONEER TRAIL TO MITCHELL
ROAD
CITY COUNCIL AGENDA
December 21,2004
Page 2
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING INC. FOR CITYWIDE TRANSPORTATION FORECASTS
AND MAJOR CENTER AREA LAND USE, TRANSPORTATION AND
WAYFINDING STUDY
G. ADOPT RESOLUTION SUPPORTING LEGISLATION TO PROVIDE
FUNDING OPTIONS,PARTICULARLY THE AUTHORITY TO ESTABLISH
A STREET UTILITY,FOR CITY STREET IMPROVEMENTS
H. APPROVE THE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR LOTS 1-8, BLOCK 1,EDENVALE HIGHLAND
ADDITION, S.S.A. 01-08
I. AWARD CONTRACT TO DON RIHN TRANSPORT FOR LIME
RESIDUALS HAULING AND DISPOSAL,I.C. 04-5636
J. AWARD CONTRACTS FOR MAINTENANCE MATERIALS AND WATER
TREATMENT CHEMICALS FOR 2005,I.C. 05-5637
K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP INC. FOR FINAL DESIGN AND CONSTRUCTION
STAGE SERVICES FOR TH 212/CHARLSON RD. INTERSECTION
IMPROVEMENT PROJECT, I.C. 05-5638
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR
2005 WELL REHABILITATION PROGRAM
M. ADOPT LOCAL WATER MANAGEMENT PLAN AND APPROVE
SUBMITTAL TO THE THREE LOCAL WATERSHED DISTRICTS AND
THE MET COUNCIL,I.C. 99-5501
N. APPROVE CHANGE ORDER REQUEST A-4 FOR CONSTRUCTION
CHANGES AT RILEY-JACQUES BARN AND APPROVE REQUEST FOR
ADDITIONAL FEES FOR ARCHITECTURAL AND STRUCTURAL
ENGINEERING SERVICES
O. APPROVE CHANGE ORDER 121504 MODIFICATIONS TO THREE NEW
RESCUE PUMPER TRUCKS
P. APPROVE ESTABISHMENT OF A CEMETERY TASK FORCE
Q. APPROVE DECLARATION OF COVENANTS AND EASEMENTS FOR LOT
6,BLOCK 2, SUNSET RIDGE
VH. PUBLIC HEARINGS/MEETINGS
CITY COUNCIL AGENDA
December 21, 2004
Page 3
A. VACATION OF RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE,
VACATION 04-12 (Resolution)
B. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 175TH AVENUE,
VACATION 04-13 (Resolution)
C. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE
CITY CODE BY ADDING SECTION 9.16 ENTITLED EXTERIOR
BUILDING MAINTENANCE
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
A. ORDINANCE AMENDING CITY CODE SECTION 2.25 AND OTHER
APPLICABLE SECTIONS BY CHANGING THE NAME OF THE
COMMUNITY PLANNING BOARD TO THE PLANNING COMMISSION
B. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 9 OF
THE CITY CODE BY ADDING SECTION 9.16 ENTITLED EXTERIOR
BUILDING MAINTENANCE
X. PETITIONS,REOUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. 2005 Property Tax Levy and 2005 Fund Budget(Resolution)
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
CITY COUNCIL AGENDA
December 21, 2004
Page 4
XIV. OTHER BUSINESS
XV. ADJOURNMENT