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HomeMy WebLinkAboutCity Council - 06/07/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 7, 2005 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, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney. Parks & Recreation Director Bob Lambert was absent. I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Councilmember Case added three items under Reports of Councilmembers. Neal added five items under Report of City Manager. Rosow noted two changes to the Consent Calendar. Item I, Friendship Village, will have a change in the language to make the agreement binding. For Item Q, Performance Payment to the City Manager, Rosow recommended a future closed session to discuss recent changes in the statute that could affect this payment. MOTION: Young moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17, 2005 MOTION: Case moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 2005 MOTION: Aho moved, seconded by Case, to approve the City Council minutes as published. Councilmember Young abstained. Motion carried 4-0. CITY COUNCIL MINUTES June 7, 2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-74 APPROVING FINAL PLAT OF COLUMBINE ROAD ADDITION C. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP (MULTI) LLC, I.C. 52-130 D. ADOPT RESOLUTION NO. 2005-75 AWARDING CONSTRUCTION CONTRACT FOR TH 212/CHARLSON ROAD INTERSECTION IMPROVEMENT PROJECT, I.C. 05-5638 E. ADOPT RESOLUTION NO. 2005-76 APPROVING PLANS AND SPECIFICATIONS FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY, I.C. 01-5525 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY, I.C. 01-5525 G. AWARD CONTRACT FOR 2005 STREET STRIPING TO CENTURY FENCE COMPANY, I.C. 05-5651 H. APPROVE LICENSE AGREEMENT WITH MNDNR FOR SANITARY SEWER AND WATERMAIN CROSSING OF RILEY CREEK AT EDEN PRAIRIE ROAD I. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND FRIENDSHIP VENTURES J. APPROVE REALLOCATION OF 2005 CIP FACILITIES BUDGET PER ATTACHED WORKSHEET K. AWARD CONTRACT FOR CITY CENTER CARPET REPLACEMENT TO LAVAN FLOORING COVERING L. AWARD CONTRACT FOR STRUCTURAL REMODELING OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO STAHL CONSTRUCTION COMPANY M. AWARD CONTRACT FOR FURNITURE RECONFIGURATION OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO ALTERNATIVE BUSINESS FURNITURE CITY COUNCIL MINUTES June 7, 2005 Page 3 N. ADOPT RESOLUTION NO. 2005-77 APPROVING SALE OF 56,259 SF OF CITY-OWNED PROPERTY TO MNDOT FOR TH 312 HIGHWAY PROJECT O. APPROVE DELAY OF PLANS TO LEASE THE CUMMINS GRILL PROPERTY FOR PRIVATE COMMERCIAL USE UNTIL UTILITIES ARE AVAILABLE AND PIONEER TRAIL IMPROVEMENTS AND NEW ACCESS ARE COMPLETE P. APPROVE PROPOSAL FOR TESTING SERVICES FROM BRAUN INTERTEC FOR TECHNOLOGY DRIVE AND MITCHELL ROAD IMPROVEMENTS, I.C. 00-5508 Q. AUTHORIZE RELEASE OF PERFORMANCE PAYMENT TO THE CITY MANAGER R. ADOPT RESOLUTION NO. 2005-78 CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO THE 2004 TO 2008 CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF CAPITAL IMPROVEMENT BONDS S. CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND SPRINT TO AN AFFILIATE OF SPRINT T. APPROVE AMENDMENT TO 2005 AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT'S AUTO SERVICE MOTION: Butcher moved, seconded by Case, to approve Items A-T on the Consent Calendar, including amendments to Items I and Q. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) Neal explained this item was continued at the May 17, 2005 meeting to resolve access rights for the two-lot subdivision. Title work is underway by the proponent to address this issue; however, it is not yet complete. MOTION: Case moved, seconded by Aho, to continue the Public Hearing to June 21, 2005. Motion carried 5-0. CITY COUNCIL MINUTES June 7, 2005 Page 4 B. EAGLE RIDGE AT HENNEPIN VILLAGE - SIX by Pemtom Land Company; Request for Planned Unit Development Concept Review on 16.9 acres; Planned Unit Development District Review on 16.9 acres; Zoning District Change from Rural to R1-9.5 on 16.93 acres; Preliminary Plat of 16.9 acres into 41 single family lots and 4 outlots. Location: South of Charlson Road and east of Spring Road. (Resolution No. 2005-79 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 20005-80 for Preliminary Plat) Neal noted this 41 lot single-family subdivision is consistent with the planned unit development concept approved by the City Council on April 12, 2005. There are waivers for setbacks and lot size similar to those granted for other R1-9.5 zoned sites in Hennepin Village. The Planning Commission voted 8-0 to recommend approval of the project to the City Council at the May 9, 2005 meeting, subject to revising the preliminary plat to show a 100-foot diameter cul de sac and remove the planting island from the road right of way;revising the landscape plan to remove trees from the right of way; and providing an architectural diversity plan so that no two units are alike, side-by-side, or opposite each other. Jeremiah noted the City is still working with the developer on including eight affordable units as a condition of approval. Tyra-Lukens asked what constitutes "architectural diversity." Jeremiah said it refers to the exterior appearance and must be substantial. Minor changes to the materials or color would not qualify. Tyra-Lukens asked if the City monitors this during building, and Jeremiah said yes. Case asked about the issue of the planting island. The same issue came up with this developer in the Entrevaux development with a boulevard or island concept. Case said the Council had pushed staff to allow the boulevard despite Staff's concerns about tree death and difficulty plowing. The Council had seen other cities allow boulevards and loved the look of it. He asked how the plan had worked out at Entrevaux. Dietz said Staff's position is the area would look the same whether the trees were right at the curb line or five to ten feet back. A lot of this development is private streets so these streets wouldn't be an issue for the City. He noted some other cities have a wider right-of-way, which makes the boulevard a non-issue. Dietz agreed to look into Entrevaux and report back with photos and information. There were no comments from the public. MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 16.9 acres; and approve 1st Reading of the Ordinance for Planned Unit Development CITY COUNCIL MINUTES June 7, 2005 Page 5 District Review with waivers, and Zoning District Change from Rural to R1-9.5 on 16.9acres; and adopt the Resolution for Preliminary Plat on 16.9 acres into 41 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and approve and Authorize Issuance of a Grading Permit for Eagle Ridge at Hennepin Village 6th, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 18, 2005, as approved by the City Council. Motion carried 5-0. C. CODE AMENDMENT Proposal to amend City Code Section 11.30 to add Showroom to the list of permitted uses in the Industrial Zoning Districts. (Ordinance for Code Amendment) The Planning Commission voted 8-0 to recommend approval of the code change to the City Council at its May 9, 2005 meeting. Neal said this is basically a housekeeping item prepared with the City attorney to add language for a showroom as a permitted use, provided products are for display purposes only and not for direct retail sales. Jeremiah said no adverse effects are expected form this change. MOTION: Aho moved, seconded by Case, to close the Public Hearing; and approve the 1st Reading of the Ordinance Amending City Code relating to showrooms. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, 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. Veterans Memorial Concept-- Councilmember Case Case expressed enthusiasm for the veterans' memorial concept presented by resident John Mallo during this evening's Council Workshop. The new CITY COUNCIL MINUTES June 7, 2005 Page 6 City park across from Southwest Station would be a great location, since it already contains the memorial bridge for former Mayor Jean Harris. The park could even be named Memorial Park. A privately funded veterans' memorial is a great idea and Staff should run with it. Tyra-Lukens asked if Mallo were suggesting the park be renamed. She understood the concept to be adding a veterans' memorial. Case said he had had conversations with Mallo, and both the name change and the memorial were being proposed. A park available to memorials would be a great concept. Butcher suggested having the public submit ideas, as was done with the Harris Bridge. Tyra-Lukens noted the Council had delegated the project to Parks and Recreation. She said to wait and see what they developed. 2. Flay Policy - Councilmember Case Case requested Staff to write out the City's flag policy—not for a task force or public hearing,but just as a codification of the policy for Council's information. Neal agreed. 3. City Representative for MAC Reliever Airport Discussions - Councilmember Case Case noted there has been a lot of discussion recently about whether the MAC will continue to support reliever airports, such as Flying Cloud. Tim Anderson of MAC was quoted as saying, "We are looking at the very existence of relievers." A task force report reviewing the financing of the reliever system was expected June 8"'. With operating costs expanding from$5 million before 9/11 to a projected $10 million in 2007, the relievers are a drain on the MAC budget. Closing Flying Cloud would have a substantial impact on Eden Prairie. The downside would be for pilots and a few businesses. The upside could be potentially huge. Case estimated the current land use only generates 5% of its potential revenue. An additional $3 million in revenues (compared to $25 million for the City now) could be possible were the airport to close and the land be developed. Though the City agreed not to oppose expansion in its 2002 agreement with MAC, a lot has changed since then. Three written City requests in the past year for confirmation that the agreement is still in place have gone unanswered. The City should be proactive, as it was with the Vikings stadium, and seek a seat at the table rather than waiting for things to happen "to us." Case said he would bring a resolution in two weeks to direct Staff to seek a seat at the table in MAC discussions regarding reliever airports. CITY COUNCIL MINUTES June 7, 2005 Page 7 Tyra-Lukens asked if the task force was the same one discussed in the winter, with no City representation whatsoever. Case said it was. Neal said legislation would be required to include City representatives in reliever airport discussions. He did not think this provision was included in the current bill. Aho agreed it would be good to be part of the discussion,but noted the City has a legally binding agreement with MAC. B. REPORT OF CITY MANAGER 1. Southwest Metro Transit Commission Joint Powers Agreement Neal introduced the Executive Director of Southwest Metro Transit, Mr. Len Simich, to make a brief presentation to the City Council concerning proposed changes to the Joint Powers Agreement. Simich explained the Legislature has changed the funding for Southwest Metro Transit from property taxes on Chaska, Chanhassen, and Eden Prairie to revenue from the state motor vehicle sales tax. The issue is how any assets or liabilities would be divided between the three cities if the legislature were to dissolve the agency. Formerly, the agreement had it based on each community's contributions. The new agreement would divide responsibility for any liability based on the number of households and their value. This would create a fluctuating formula that would assign more of the liability to Chaska and Chanhassen as those cities continue to develop and receive more service. Case noted the new formula would assign about 23% to Chanhassen, 17% to Chaska, and 60% to Eden Prairie if the agency were dissolved today. Simich said this reflects the current levels of service and ridership. Case asked what the breakdown had been under the old property-tax-based system. Simich said Eden Prairie's contribution was closer to 70%. Case noted Southwest Metro's assets and liabilities are currently balanced, but that might not always be true. Eden Prairie has 60% of the liability but only 2/7 of the voting power. He asked if there should be a different formula for representation, or if the "open rider" slot could be assigned to the city with the most liability. Butcher inquired if Southwest Metro had a policy requiring a balanced budget. Simich confirmed they do have this policy and maintain reserve funds, with minimal debt. Capital expenditures are normally funded through state or federal grants. Debt retirement expenditures are capped at no more than 2% of the budget. The agency is well below that. Conservative budgeting has really saved the agency this year with rising fuel costs, in contrast to Metro Transit, which is in financial crisis. Federal money could dry up down the road, but for now the agency is very CITY COUNCIL MINUTES June 7, 2005 Page 8 stable. Routes will likely expand westward in the wake of the new Highway 212, so cities like Victoria, Waconia, and Shakopee might come into the agreement. Eden Prairie always retains the power to opt out. Case foresaw a potential situation where Eden Prairie could have the majority of the ridership but little voting power if each city had a representative. Simich said other cities that wanted to join would need to come back through the Council process. He noted Southwest Metro serves Bloomington and Minneapolis, which have no representation at all. Tyra-Lukens said this is not a critical issue. There are already checks and balances. There is also a history of cooperation. There would be no incentive for Chaska or Chanhassen to weaken the organization and increase their own risk. Neal agreed collegiality is a strength of Southwest Metro. Leveraging approval of the agreement might compromise that. He recommended approving the agreement without amendment and presenting the representation question to the group through a separate process, if desired. MOTION: Case moved, seconded by Butcher, to approve the Third Restated Southwest Metro Transit Commission Joint Powers Agreement between the Cities of Eden Prairie, Chanhassen, and Chaska. Motion carried 5-0. 2. Cougar Sis!htins!s Neal noted three calls had reported cougar sightings in Eden Prairie in late May, none of which were confirmed. However, the City does take these seriously and investigate. Patrol and animal control officers are on the lookout. Park rangers have been directed to go deeper into conservation areas to look for signs. A map has also been set up to track sightings. 3. Travel Policy for Local Elected Officials Neal said the governor recently approved a new item requiring cities to develop a travel policy for local elected officials. There must be guidelines for out-of-state travel, an approval process, and funding limits. Neal will develop such a policy for the Council's approval. 4. Baimbridu Street Neighborhood Traffic Study Neal said the Bainbridge Drive neighborhood has requested the City look at traffic and speeding in their area. A traffic study is underway and police patrols are giving input. CITY COUNCIL MINUTES June 7, 2005 Page 9 5. Newest Population Data Neal received the most recent population data for Eden Prairie, dated 4/l/2004, when Eden Prairie passed the 60,000 mark with an estimated 60,460 residents living in 23,311 households. The population is probably about 62,000 today. 6. Anoka County Vikings Stadium Impact on Eden Prairie Neal noted discussions continue regarding an Anoka County Vikings stadium. All the proposals so far relocate the training facilities and offices from Winter Park in Eden Prairie to the new site. Neal wrote the governor saying that if the State will be encouraging this move, Eden Prairie would like a seat at the table. Discussions with the governor's staff suggested Eden Prairie could be included. Butcher asked how many acres are at Winter Park. Dietz said about 20, but some is wetland. Probably 13-15 acres are usable. All the Vikings' Eden Prairie operations —corporate offices and training facility--are located at that one site. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Trail Planning Update Due to Lambert's absence, the update was continued to the June 21 meeting. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting at 7:55 p.m. to go into a closed session to continue discussion on the City Manager's performance review. Motion carried 5-0.