HomeMy WebLinkAboutCity Council - 06/20/2006 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JUNE 20, 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 7:02 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS /PRESENTATIONS
A. MRPA AWARD OF EXCELLENCE
Dona Tilsner, of the Minnesota Recreation and Parks Association (MRPA),
presented a 2005 award of excellence to the City for its new archery facility,
designed to provide exemplary safety and functionality, and probably the only one
of its kind statewide.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case and Tyra-Lukens each added two items to Reports of Councilmembers. Neal added
two brief updates to Report of City Manager.
MOTION: Aho moved, seconded by Case, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. OPEN FORUM\OPEN PODIUM HELD TUESDAY,JUNE 6, 2006
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June 20, 2006
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MOTION: Butcher moved, seconded by Young, to approve the Open
Podium/Open Forum minutes as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, TUESDAY,JUNE 6, 2006
MOTION: Case moved, seconded by Young, to approve the City Council
minutes as published. Motion carried 5-0.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BANEBERRY HOLLOW by Westlake Holding, LLC. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers on 2.51
acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres. Location:
10015 and 10065 Pioneer Trail. (Ordinance for PUD District Review with
waivers and Zoning District Change)
C. GANDER MOUNTAIN by Oppidan Investment Company. Second Reading of the
Ordinance for Planned Unit Development District Review and Zoning District
Change from I-2 to Regional Commercial Service on 4.69 acres, Resolution for Site
Plan Review on 4.69 acres. Location: 12150 Technology Drive. (Ordinance for
PUD District Review with waivers and Zoning District Change, Resolution No.
2006-76 for Site Plan Review)
D. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising
Company. Second Reading of the Ordinance for Planned Unit Development District
Review with waivers and Zoning District Amendment within the Office Zoning
District on 1.8 acres, Resolution for Site Plan Review on 1.8 acres. Location: 7800
Eden Prairie Road. (Ordinance No. 11-2006 for 8-2006 PUD District Review
with waivers and Zoning District Amendment, Resolution No. 2006-77 for Site
Plan Review)
E. ADOPT RESOLUTION NO. 2006-78 APPROVING FINAL PLAT OF ERS
ESTATES
F. ADOPT RESOLUTION NO. 2006-79 APPROVING FINAL PLAT OF
GANDER MOUNTAIN
G. ADOPT RESOLUTION NO. 2006-80 APPROVING FINAL PLAT OF
BANEBERRY HOLLOW
H. ADOPT RESOLUTION NO. 2006-81 APPROVING FINAL PLAT OF THE
RIDGE AT RILEY CREEK 2ND ADDITION
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I. ADOPT RESOLUTION NO. 2006-82 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF SPECIAL
ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE FOR
HILLTOP ROAD STREET & STORM SEWER IMPROVEMENTS, I.C.
05-5642
J. ADOPT RESOLUTION NO. 2006-83 AUTHORIZING ISSUANCE OF
$4,290,000 CAPITAL IMPROVEMENT PLAN BONDS SERIES 2006B
K. ADOPT RESOLUTION NO. 2006-84 CALLING FOR PUBLIC HEARING
TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING
(TIF) REDEVELOPMENT DISTRICT FOR THE SUPERIOR TECH
PROJECT
L. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH
WELL-PROP MULTIIO LLC (FLAGSHIP ATHLETIC CLUB)
M. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER
PERMIT PROGRAM
N. AUTHORIZE SALE OF POLICE DEPARTMENT FIREARMS AND
EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES
O. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE
AND THE ABC FOUNDATION TO USE CDBG FUNDS FOR
REHABILITATION OF THE ABC HOUSE
Regarding Item J, Neal noted the City's AAA bond rating was approved.
MOTION: Butcher moved, seconded by Case, to approve Items A-O on the Consent
Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
IX. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Case, 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
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XIII. APPOINTMENTS
A. STUDENT REPRESENTATIVES TO COMMISSIONS
Assistant to the City Manager Mike Barone reviewed changes to policies for
student representatives on commissions. Since applications continue to be high,
appointments have been changed from eight months to four months in length to
allow more students to participate. The schedule has been adjusted to reflect this
change and to fit students' schedules.
MOTION: Case moved, seconded by Butcher, to appoint Cassandra Warman to
the Fall class; Colin O'Donnell to the Winter/Spring class; and Sarah Ericson and
Kristy Shillock to both Fall & Winter/Spring classes for the Arts and Culture
Commission during the 2006—2007 Students on Commission year. Motion
carried 5-0.
MOTION: Butcher moved, seconded by Case, to appoint Casey Russell and
Jennifer Brown to the Fall class; Alesia Casanova and Mark Muston to the
Winter/Spring class, and Lauren Mosman to both the Fall &Winter/Spring classes
for the Conservation Commission during the 2006—2007 Students on Commission
year. Motion carried 5-0.
MOTION: Aho moved, seconded by Butcher, to appoint
Nathan Wagner and Alexandra Shea to the Fall class; Kaitlin Robinson and Claire
Lukens to the Winter/Spring class; and Lauren Bentz to both the Fall &
Winter/Spring classes for the Heritage Preservation Commission during the 2006 —
2007 Students on Commission year. Motion carried 5-0.
MOTION: Young moved, seconded by Aho, to appoint Grace Li to the Fall class;
Thea Terp to the Winter/Spring class; and Sandra Moran and Steven Shonts to both
the Fall &Winter/Spring classes for the Human Rights and Diversity Commission
during the 2006—2007 Students on Commission year. Motion carried 5-0.
MOTION: Case moved, seconded by Butcher, to appoint William Wahlers,
Jennifer Dworak, and Elise Garton to the Fall class; and Kristine Pederson, Alexa
Redfield, and Stephen Carew to the Winter/Spring class for the Parks, Recreation,
and Natural Resources Commission during the 2006—2007 Students on
Commission year. Motion carried 5-0.
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Disc Golf Improvements
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Case said he often hears of the popularity of the disk golf course. Users of
the disc golf course should consider a petition if they would like the
course expanded, or a new course added. Butcher noted the disc golf
course has provided a heavily used and much appreciated amenity for very
little cost.
2. Sisn Adoption For Elizabeth Fries Ellet Trail
Case recommended the City sponsor one of the three remaining signs on
the Elizabeth Fries Ellett trail. Staff will look into it.
3. AMM Seeks Committee Members
Tyra-Lukens reported the Association of Metro Municipalities (AMM) is
seeking committee members,both councilmembers and Staff, to serve on
committees preparing for the next legislative session, including topics of
Metropolitan Agencies, Transportation, Housing and Economic
Development, and Municipal Revenue. Neal noted City Assessor Steve
Sinell will participate.
4. Voter Education Effort for AMBEST Referendum
Tyra-Lukens said the Southwest LRT Commission has developed a voter
education piece to build support for the referendum dedicating 100% of
the motor vehicle sales tax to transportation. Talks with voters revealed
the wording of the referendum is confusing, and support jumped sharply
when voters understand there were no new taxes.
B. REPORT OF CITY MANAGER
1. Meeting Minutes Standards
Neal said based on discussion in tonight's workshop, the next City
Council minutes will be prepared both in the current format and in the
proposed summary "discussion and decision" format for purposes of
comparison. The options can be reviewed at the August 1, 2006 workshop
and meeting.
2. NIMS Training
Neal directed Councilmembers attention to an article in the Minnesota
League of Cities magazine regarding National Incident Management
Training (NIMS). The City is conducting NIMS training, which requires
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June 20, 2006
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different levels of training for different positions. Councilmembers will
receive their NIMS training at a future workshop.
3. Somali Independence Day Celebration
Neal noted councilmembers are invited to the Somali Independence Day
celebration, Saturday, July 1, from 1-3 p.m.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Community Center Schematic Comparisons
Neal prefaced the discussion by noting it is not unusual for public projects
to expand as excitement builds, then contract due to financial parameters.
The referendum authorized Council to borrow a certain amount but did not
cap spending on the project. The Council has discretion to spend more on
the project as long as there is a logical connection to what was voted on.
Lambert reviewed the history of the project's development:
Scheme A: The scheme used for the referendum65,000 sq ft and $6.6
million. The City could build that facility today for the same price plus
cost increases.
Scheme B: The scheme as altered post-referendum after meetings with
users and Staff. This feedback highlighted control access problems, which
impact revenue. Components of the plan, including the gym and
racquetball courts, were moved into a controlled area. This plan had a
square footage of 63,000 with a similar cost to Scheme A.
Scheme C: The scheme as altered after meetings with managers of private
and public facilities. All managers agreed providing childcare is essential
to generating memberships. The scheme added childcare and added
offices and an arcade in the central building area vacated by the
racquetball courts. It measured 72,660 sq. ft. and cost$8.8 million.
Scheme D: The scheme as altered by Parks staff to cut costs. Along with
many smaller items, the racquetball courts, childcare gym, and a large
meeting room were cut or listed as deduct alternates. The scheme with all
deduct alternates taken measures 56,000 sq. ft at a cost of$7.1 million.
Scheme E: The scheme as altered by the Parks Commission.
Commission members felt racquetball should be kept. They felt the
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June 20, 2006
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meeting room was not worth taking out; since it fills a niche in an exterior
wall, cost savings would be limited. Scheme E has an area of 67,000 sq ft
and a cost of$8 million,reduced to 61,000 sq ft and $7.6 million if all
deduct alternates are taken.
Young asked if the numbers include furnishings. Lambert said the
furnishings and fitness equipment add about$300,000 to the cost. Butcher
asked Lambert to review how the shortfall would be funded. Lambert said
the money would come from cash on hand from parks fees, which are paid
by developers for neighborhood parks and community-wide amenities.
The Council decides how these dedicated parks monies are spent. No
additional taxes would be raised.
Young said that although the Council has the authority to spend more, the
City promoted a vision with a price attached to it in the referendum. It is
natural to expect cost increases,but the increase on this project is
uncomfortably high. Many of the causes of the increase could have been
predicted prior to the referendum, for example, increases in materials costs
after Hurricane Katrina, the need for child care, the decision to include
racquetball courts, and the fact that outdated cost figures were used. The
referendum only passed by 230 votes, and perhaps wouldn't have passed
had the cost been higher.
Young proposed making all the bid alternates firm reductions and
eliminating the racquetball courts, which have passed their heyday. This
would be responsive to the taxpayers while impacting a minimum number
of people. Tyra-Lukens asked about racquetball revenue and usage.
Lambert said the court is heavily used during the winter, typically busy
from 5-10 p.m. nightly, and brings in $14,000 in revenue on two courts
(vs. $15,000 on three courts when the City had three). Some members
join because of racquetball, which is harder to find these days,but their
numbers are small compared to fitness users.
Aho said everyone wants a wonderful facility,but to exceed the costs by
20% or more 14% even for the Scheme E proposal with all deduct
alternates—is a big increase. In the future,projected cost increases should
be built into the proposal. Costs are sure to rise even more. The City
should look for cuts that don't impact usability.
Butcher said the Parks Commission and Staff have already done that work,
exhaustively. The Parks Commission is made up of taxpayers. She urged
Councilmembers not to be shortsighted. The City has cash park fees to
cover the difference and an excellent overall financial position, as
evidenced by its AAA bond rating. The mission and vision for Eden
Prairie is to provide a high quality of life. Estimating costs is very
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June 20, 2006
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difficult and this level of increase is not unusual. Racquetball might get
hot again too. It would be prudent to take the Staff and commission's
recommendation.
Case noted the backup plan simply to save the Community Center and
make it livable, in the event of the referendum failing, would have cost$2
million, and would have come out of parks fees as well. Parks fees exist
for the express purpose of enhancing the community. The City should not
repeat the mistakes that were made with the original Center and the Oak
Point pool. The Parks Commission members did examine the issue
closely and knows well what other projects will have to be delayed by
using parks fees toward the Community Center, yet still deemed spending
them a wise decision. The Council would not be good stewards of the
referendum money by building a non-functional facility.
Tyra-Lukens asked Lambert to review the alternate process. Lambert
explained going out with too many alternates makes bidders nervous and
can cause them to bid the base project higher. The City is using deduct
alternates (as opposed to deduct alternates) in the belief that it makes
bidders more inclined to believe the City will do the whole project. Tyra-
Lukens asked if there are too many alternates in the project. Lambert said
no,but the number of alternates is maxed out and no more should be
added.
Tyra-Lukens said the decision is difficult. It is important to build a facility
that residents will use and be proud of. Citizens often compare the
Community Center to the ones in other cities. The proposed project is in
no way extravagant compared to them. It would be far better to spend $8
million on a facility everyone is excited about than to spend $7 million
and have people be disappointed. Tyra-Lukens said she disliked the $8
million price tag but the presence of the alternates made her comfortable
enough to support the project.
MOTION: Butcher moved, seconded by Case, to approve the motion.
Tyra-Lukens clarified the motion approves the schematic plan, but does
not require the City to build this version of the facility if bids come in
high. Lambert said the motion directs Staff and the architect to design this
specific building and do plans and specifications so it can be bid. The
Council retains the option to eliminate the racquetball courts or make
other changes.
MOTION: Butcher moved, seconded by Case, to approve Schematic
Plan E as per the recommendation of the Parks, Recreation and Natural
Resources Commission with a cost estimate without alternates of
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June 20, 2006
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$8,060,500; and a net cost estimate with alternates of$7,595,500. Motion
carried 4-1 with Young opposed.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. The meeting adjourned at 8:05 p.m.