HomeMy WebLinkAboutCity Council - 06/06/2006 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JUNE 6, 2006 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, 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 Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS /PRESENTATIONS
A. SOUTHWEST METRO UPDATE BY LEN SIMICH
Simich reported on Southwest Metro's status as it enters its 20"'year. Ridership
continues to climb, with a 10% increase in 2005, 20% increase in 2004, and a
15% increase this year to date.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added two items to Reports of Councilmembers. Neal added three brief updates to
Report of City Manager.
MOTION: Butcher moved, seconded by Case, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2006
MOTION: Case moved, seconded by Young, to approve the Council Workshop
minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining.
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June 6, 2006
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2006
MOTION: Aho moved, seconded by Case, to approve the City Council minutes
as published. Motion carried 4-0 with Tyra-Lukens abstaining.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. AWARD BID FOR PARK ENTRY SIGNAGE PROGRAM TO SIGN
SOURCE, INC.
C. ADOPT RESOLUTION NO. 2006-72 APPROVING PLANS AND
SPECIFICATIONS FOR HILLTOP ROAD IMPROVEMENTS AND
ADVERTISING FOR BIDS, I.C. 05-5642
D. APPROVE UTILITY EASEMENT AGREEMENT WITH MAC ACROSS
FORMER BEARMAN AND MJOLSNES PROPERTIES
E. APPROVE PROPOSAL FROM EMMONS & OLIVIER RESOURCES
FOR BOG-MONITORING PROGRAM AT BEARPATH GOLF AND
COUNTRY CLUB, I.C. 06-5674
F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON
MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA
STATUTES 466.04
G. ADOPT RESOLUTION NO. 2006-73 DECLARING CITY'S INTENT TO
REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF
PROCEEDS OF SUBSEQUENTLY ISSUED BONDS
(COMMUNICATIONS ROOM IMPROVEMENTS)
H. AWARD CONTRACT FOR ENGINEERING STUDY FOR CONVERSION
OF CITY RADIO FUNCTIONS TO THE 800 MHZ REGIONAL RADIO
SYSTEM TO LEONARD KOEHNEN & ASSOCIATES, INC.
MOTION: Young moved, seconded by Aho, to approve Items A-H on the Consent
Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
A. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Request
for: Planned Unit Development Concept Review on 28.11 acres, Planned Unit
Development District Review with waivers on 28.11 acres, Zoning District
Change from Rural to Office on 25.52 acres and from Rural to Neighborhood
Commercial on 2.59 acres, Site Plan Review on 28.11 acres, Preliminary Plat of
28.11 acres into 3 lots and 1 outlot, Location: Charlson Road and Highway 212.
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June 6, 2006
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(Resolution No. 2006-74 for PUD Concept Review, Ordinance for PUD
District Review with waivers and Zoning District Change, Resolution No.
2006-75 for Preliminary Plat)
Neal said the project is three office buildings totaling 422,076 square feet and an
18,800 square foot retail building. There is a parking setback waiver from 35 feet
to 17.5 feet along Charlson Road to create more room for trees between the office
buildings and homes to the west. The plan for commercial is conceptual since the
building architecture has not been developed. A zoning and site plan review will
be required when plans are ready. The Planning Commission voted 7-0 to
recommend approval of the project at the May 8, 2006 meeting. Official notice of
this public hearing was published in the May 25, 2006, Eden Prairie Sun Current
and sent to 127 property owners.
Tyra-Lukens asked if there would be berms. The proponent said there is not
space but trees would be used for screening. There were no comments from the
public.
MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt
Resolution No. 2006-74 for Planned Unit Development Concept Review on 28.11
acres; approve 1 st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Change from Rural to Office
on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres; adopt
Resolution No. 2005-75 for Preliminary Plat on 28.11 acres into four lots; and
direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions. Motion carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve Payment of Claims as
submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young and
Tyra-Lukens voting "aye."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Birch Island Woods Status
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Case noted the Birch Island Woods purchase was not yet complete.
Lambert said the delay is due to the series of approvals needed to take the
Cummins-Grill property out of LAWCON requirements. The sale will
likely be complete by mid-summer.
2. Water Surcharge
Case said the surcharge continues to be viewed as unfair to those with
smaller families who use less water in winter. He asked if the new
Conservation Commission could study the issue. Dietz noted the formula
for the surcharge is not strictly winter/summera benchmark of 1.5 times
the city average is also used to prevent unfairness to snowbirds, empty
nesters and others with low winter water usage. The Conservation
Commission would be an appropriate body to look at the issue.
3. City Manager Performance Review and Performance Payment
Tyra-Lukens noted after review of performance and progress on goals, the
Council concurred in granting City Manager Scott Neal a 3.5% merit
award.
MOTION: Case moved, seconded by Butcher, to approve the annual
performance review of City Manager Scott Neal and to authorize, pursuant
to the terms of Section 3 of his employment agreement with the City, a
performance payment equal to 3.5 percent of his current annual base
salary. Motion carried 5-0.
B. REPORT OF CITY MANAGER
1. City Prosecution RFP
Neal referred Councilmembers to the timeline and requested input
on whether the RFP should be open or targeted, as is done in two
neighboring cities. He noted the interview panel has spots for two
Councilmembers.
2. Arson at Prairie View Park Shelter
Neal said the crime fund has authorized a cash reward.
3. Council Chambers Project
Neal noted the project would take place between June 20"' and July
18"'.
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C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Community Center Parking Lot and Ball Field Renovation
Lambert explained the Parks and Recreation Commission recommends
Scheme D. This option reduces cost from$2.5 million to $2.0 million
($1.9 million, counting the Baseball Association's contribution). Aho
asked why the ball field is rotated in this scheme. Lambert said it is being
changed from a softball field to a baseball field and the rotation
accommodates the larger size.
MOTION: Case moved, seconded by Butcher, to approve Scheme D for
the renovation of the parking lot to serve the Community Center and a
relocation of the baseball field. Motion carried 5-0.
2. Community Center Addition
Lambert and architect Del Erickson reviewed the concept plan. The plan
as envisioned costs out at$8.7 million, approximately $2 million more
than the community center portion of the parks referendum. Reasons for
the increase include:
➢ Added 9,000 square feet to building.
➢ Increase in materials costs for copper, electrical and plastic (up 20%).
➢ A cost estimate generated for the previous failed parks referendum was
used and was thus somewhat out of date. Running new estimates
carries its own cost, so the 2003 numbers were used.
Lambert and Erickson presented a list of$699,500 in cuts and $465,000 in
alternates recommended by the Parks and Recreation commission to save
costs. Alternates would be bid to see if they would be affordable and
might or might not be included. Another source of funding could be to
delay construction of Cedar Ridge Park to free up CIP funds for the
Community Center, and use developer fees generated when the old Cedar
Hills Golf Course is developed for the park. The consensus of the Parks
Commission was that it would be better to spend $8 million on a nice
facility than to spend $7 million for one people will continue to complain
about.
MOTION: Butcher moved, seconded by Case, to authorize staff to
proceed with the Community Center addition plan that would include
approximately $669,500 in deductions and $465,000 in alternates from the
previously approved concept plan.
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Young asked for clarification on why costs had increased by $2 million
over the referendum amount, nearly 30%. He asked for a breakdown of
the amount each factor contributed to the increase and whether the
increase added to the footprint or functionality of the building. Erickson
explained added program areas included a child care area, a multiuse
room, two meeting rooms, and 1,500 sq ft of additional office space which
will allow Parks program staff and the building manager to be officed on-
site. In addition, fitting the program spaces into an overall design
(including walls, mechanical areas, hallways, etc.) required a 15-20%
increase in square footage instead of the projected 10-15% increase, due to
the challenges of working around the existing building. Erickson
estimated about half the $2 million increase is due to the increased square
footage and half to increased construction costs.
Young asked how much would be saved if all 16 deductions considered by
the Parks Commission were taken. Lambert said $1.7 million; however,
there would be program impacts if this were done. The recommended
deductions represent hours of work by the Parks Commission to contain
costs while preserving quality and utility. The deductions and alternates
bring the square footage back down close to the original plan. Aho noted
people would want to know why the increased costs were not included in
the referendum in the first place. Lambert said there needs to be some
flexibility unless the City wants to spend tens of thousands upfront for
architectural drawings prior to voters' approval of a project. Young said a
30% increase is a lot. Case said residents would expect a good facility.
After discussion, Council delayed its vote and directed Staff to prepare a
visual schematic of the building as recommended by the Parks
Commission, with the alternates indicated by color; and a second
schematic of what the building would look like if all 16 deductions were
taken for Council's consideration at the next meeting. Butcher withdraw
her motion and Case his second.
3. Community Center Third Rink
Lambert said the budget for the third rink increased from$3.1 million to
$3.4 million due to increased electrical and materials costs. The Parks
Commission approved the design for a bare-minimum rink,
recommending the additional $300,000 come out of general funds rather
than the CIP. Neal said the general fund might not be the best choice but
options could be explored. Lambert said raising user fees or extending the
revenue bonds from 20 to 25 years could also be options.
Aho asked how the Hockey Association fundraising is going. The Hockey
Association noted it raised $160,000 in the first phase of member
fundraising, thanks in part to a$100,000 matching gift. The second phase,
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June 6, 2006
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soliciting business and major donor gifts, is going well and the
Association is very optimistic.
Case noted this is the full enclosed version of the rink and he would rather
see the project scaled back to a roofed rink or even just a refrigerated sheet
with footings than not have a third rink at all. Lambert said the outdoor
refrigerated sheet, plus electrical buildings and team rooms, was estimated
at$700,000. The cost for a roofed but not walled facility was $2.7
million, only a$400,000 difference from the enclosed facility estimate.
These options are retained if the Council approves the concept design.
MOTION: Butcher moved, seconded by Case, to approve the concept
design for a third rink addition subject to the Hockey Association
providing $1,000,000 toward this project. Motion carried 5-0.
4. Wading Pool Feasibility Study
Lambert said the Parks Commission expressed concerns about the
conclusions of the wading pool feasibility study, which evaluated the
extent to which a wading pool with toilets, concessions, shade, a large
deck space, and an 18-inch zero-depth wading pool with play structure and
spray elements could cover its own costs. While the study concluded the
pool could pay for itself in 12 years, this finding was based on a standard
formula for the upper Midwest and the demographic breakdown. There
are no comparable wading pools that do not have an outdoor pool
associated with them. Some Commission members also wanted to
evaluate usage at Round Lake beach when it re-opens to see if a wading
pool is needed. The community center design will leave room on the site
and extend piping so the project can be revisited at any future time.
MOTION: Aho moved, seconded by Young, to accept the Feasibility
Study for the Wading Pool at the Community Center, and table any
decision on this project until after bids are let for the Community Center
expansion. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Sin0etree Lane & West 78th Street Preliminary Desisn
Neal reported he had met with General Growth and the Chamber of
Commerce, and neither sees a problem with the existing intersection.
Staff recommends tabling the motion to allow General Growth time to
have their own engineering consultant look at the intersection. Dietz
noted the potential development of the MTI site is concerning,but the
realignment would likely be beneficial to them over what exists now.
General Growth is paying for the consultant and City Staff will be
included in the discussion.
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MOTION: Case moved, seconded by Aho, to table indefinitely the
proposed contract with SRF to provide preliminary design services for the
realignment of Singletree/West 781h Street. Motion carried 5-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. Purchase of New Mid-mount Aerial Fire Truck
Assistant Fire Chief Koering said the CIP budgeted an aerial apparatus for
this period. The low bid came in under the budgeted amount($800,000)
with good value on the trade-in. This new vehicle will replace current
truck Ladder 1, purchased in 1989.
MOTION: Butcher moved, seconded by Case, to approve purchase of
new mid mount aerial (fire truck) from E-One Manufacturing in the
amount of$783,850. Motion carried 5-0.
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Young, to adjourn the meeting. Motion carried
5-0. The meeting adjourned at 9:17 p.m.