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HomeMy WebLinkAboutCity Council - 04/17/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 17, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson 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 Young called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION DECLARING MAY SENIOR AWARENESS MONTH Young read the proclamation. Senior Center Manager Carla Kress noted many events are planned in May to celebrate older adults and increase intergenerational involvement, including a raffle, buttons, a progressive dinner. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson removed Item L from the consent calendar for additional discussion and Neal added it to his report. Rosow noted Item T requires assignment of construction contracts and requested this item include approval of the Assignment of Contracts which pertains to contracts awarded to date. Contacts subsequently awarded will be included in a second assignment. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, MARCH 20, 2007 CITY COUNCIL MINUTES April 17, 2007 Page 2 MOTION: Butcher moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2007 MOTION: Aho moved, seconded by Duckstad, to approve the City Council minutes as published. Motion carried 5-0. B. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the Special City Council Meeting minutes as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION PRESENTATION ON LIFELINK III OPERATIONS AT FCM Andrew Kirkhoff, President and CEO of LifeLink III, presented information on his company's history, services, and connection to Flying Cloud Ariport. Founded in 1979, LifeLink offers ground, helicopter, and airplane-based medical transport services. Since 1985, the company has been owned by several large Twin Cities hospitals with the principle of removing competition for better patient care. However, the company operates as a public utility, transporting patients to any facility that best meets their medical needs. LifeLink maintains a computerized dispatch facility in Minneapolis which dispatches its airplanes (operating out of the Saint Paul downtown airport) and its helicopters. While helicopters formerly were also based in St. Paul, the increase in interventional cardiology, interventional neurology, and other time-sensitive medical interventions led the company to ring the metro area with satellite bases. Lifelink bases are located in St. Cloud, Hutchinson, New Richmond, WI, and Flying Cloud in order to provide faster response times for these interventions, as well as for trauma care. Lifelink contracts with the for-profit company Air Methods, the nation's largest medical air transport provider, for helicopter operations. Lifelink itself is a medical provider, under the medical direction of three doctors, and has published peer-reviewed research papers on best practices for medical transport. It is one of the only companies to be nationally accredited for both air and ground transport. Lifelink began operations at Flying Cloud Airport in July, 2006, and has found it to be an excellent site. The relationship with the Airport Commission has been good and helpful in addressing some noise issues, mostly resolved. Helicopters can be more flexible in their flight paths than planes, so it is easier to find solutions. Kirkhoff invited Council Members to also contact him or his operations staff directly with any concerns. CITY COUNCIL MINUTES April 17, 2007 Page 3 Butcher asked for a clearer description of a Lifelink"base," of how the helicopter interfaces with ambulances, the number of trips per month, and whether the helicopters are involved in organ transport. Kirkhoff explained each base serves a 60-mile radius and includes a helicopter, pilot, nurse and paramedic who are stationed there 24n. Most Twin Cities hospitals have a helipad so patients can be transported directly there. Linklink operates about 1,500 trips per year from all its bases, of which about 24 per month originate at Flying Cloud. Kirkhoff estimated that number would grow to 40 as the service becomes established. The maximum monthly capacity for a helicopter is 60 trips. The service does transport organs from a planes landing at the downtown St. Paul airport to the hospital if warranted,but this is rare. Aho praised the Lifelink commitment to patient care and said it is a beneficial service for residents. Duckstad asked if helicopters fly directly to injured persons, and if helicopter pilots have been directed to avoid residences in non-emergency situations. Kirkhoff explained there are three kinds of transports. Direct scene transports land the helicopter on a highway or field to pick up a patient, secondary scene transports move a patient who has been stabilized at a local facility to a different hospital, and a third type of transport shifts patients who have presented at an ER to a different hospital for specialized care. Unless wind conditions or FAA regulations make following a flight path unsafe,pilots must conform to designated flight paths in accordance with noise abatement procedures. The company has a responsibility to the community as well, whether outbound or returning. Nelson noted complaints about noise had dropped dramatically in the past two weeks, where formerly complaints were received daily. Young said Lifelink provides a vital service and thanked Kirkhoff for the presentation. VIII. CONSENT CALENDAR MOTION: Move approval of Items A-X on the Consent Calendar. A. CLERK'S LICENSE LIST B. STARING LAKE BUSINESS CENTER Second reading of the Ordinance for Planned Unit Development Concept Review on 19.3 acres, Planned Unit Development District Review with waivers on 19.3 acres, Zoning District Amendment in the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres and Preliminary Plat of 19.3 acres into two lots. Location: U.S. Highway 212 & County Highway 1. (Ordinance No. 11-2007 for PUD-1-2007 District Review with waivers and Zoning District Amendment; Resolution No. 2007- 47 for Site Plan Review) CITY COUNCIL MINUTES April 17, 2007 Page 4 C. APPROVE SECOND READING OF AN ORDINANCE NO. 12-2007 AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE AND ADOPT RESOLUTION NO. 2007-48 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION NO. 2007-49 APPROVING FINAL PLAT OF THE DOUGHTY ADDITION E. ADOPT RESOLUTION NO. 2007-50 APPROVING FINAL PLAT OF WHISPERING RIDGE F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC. FOR CONSTRUCTION PHASE SERVICES FOR RECONSTRUCTION OF VALLEY VIEW RD., FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR., I.C. 02-5586 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION INC. FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR RECONSTRUCTION OF VALLEY VIEW RD., FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR., I.C. 02- 5586 H. ADOPT RESOLUTION NO. 2007-51 AWARDING CONTRACT FOR RECONSTRUCTION OF VALLEY VIEW ROAD, FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE TO MINGER CONSTRUCTION INC., I.C. 02-5586 I. STARING PRESERVE Request for: Termination of Development Agreement. Location: 9181 Staring Lane East. J. AWARD CONTRACT FOR 2007 BITUMINOUS CRACK-SEALING TO AMERICAN PAVEMENT SOLUTIONS INC., I.C. 075695 K. AMEND CONSERVATION EASEMENT OVER LOT 1 BLOCK 3 OF SETTLERS WEST L. ADOPT RESOLUTION ADOPTING AMENDED TIF PLANS FOR TAX INCREMENT FINANCING DISTRICTS 12, 14, 15 16, 17 AND 18 (removed from consent calendar, not adopted) M. APPROVE PERMIT AGREEMENT WITH HENNEPIN COUNTY FOR THE BICYCLE/PEDESTRIAN TRAIL FROM BIRCH ISLAND PARK NORTH TO THE BIKE TRAIL ON THE SOUTH SIDE OF CROSSTOWN HIGHWAY N. ACCEPT 2006 GENERAL FUND FINANCIAL RESULTS CITY COUNCIL MINUTES April 17, 2007 Page 5 O. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CAMBRIA P. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND WELLS FARGO Q. APPROVE LIQUOR STORE PROJECT CHANGE ORDERS R. APPROVE THIRD RINK ICE RENTAL AGREEMENT WITH THE EDEN PRAIRIE HOCKEY ASSOCIATION S. AWARD BID FOR RESURFACING—BITUMINOUS OVERLAYS OF FOUR TRAIL SECTIONS TO NORTHWEST ASPHALT, INC. T. APPROVE GUARANTEED MAXIMUM PRICE OF $14,165,000 AND RATIFY CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES WITH RJM CONSTRUCTION FOR THE COMMUNITY CENTER/ROUND LAKE PARK/BIRCH ISLAND PARK IMPROVEMENTS U. APPROVE THE AMENDMENT TO THE AFFORDABLE HOUSING REGULATORY AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND RYLAND GROUP, INC. V. AWARD CONTRACT FOR BAKER ROAD WATER STORAGE CONTROL IMPROVEMENT PROJECT TO PRAIRIE ELECTRIC W. APPROVE HARDWARE PURCHASE AND SUPPORT AGREEMENT WITH BERBEE FOR UPGRADE OF NETWORK SWITCHES X. AWARD CONTRACTS 2B, 2C, 6A, 7A, 7B, 8A, 9A, 9C, 13C, 15A,AND 15B FOR THE COMMUNITY CENTER PROJECT AS RECOMMENDED BY RJM CONSTRUCTION Young noted Item N reflects a transfer of a portion of budget stabilization funds into the CIP, an outgrowth of past discussions on drawing down these funds. MOTION: Aho moved, seconded by Duckstad, to approve Items A-K and M-X. Item L was moved from the Consent Calendar to Report of City Manager. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. JOINT HRA AND CITY COUNCIL PUBLIC HEARING ON REISSUANCE OF BONDS TO FINANCE PORTIONS OF THE EDEN PRAIRIE COMMUNITY CENTER PROJECT (Resolution No. 2007-52) CITY COUNCIL MINUTES April 17, 2007 Page 6 Neal said the HRA and the City Council are requested to approve the "reissuance" of certain bonds previously issued by the HRA (the "Prior Obligations") to finance portions of the Eden Prairie Community Center. Pursuant to the Third Ice Rink Rental Agreement proposed to be entered into between the City and the Eden Prairie Hockey Association (the "Hockey Association"), the Hockey Association will lease significant amounts of ice time in addition to the ice time already rented by it and other parties. Since usage of this volume and nature was not anticipated at the time of issuance of the Prior Obligations, the Prior Obligations were issued as governmental bonds, rather than as qualified 501(c)(3) bonds. The Internal Revenue Code permits the Prior Obligations to be "reissued" as qualified 501(c)(3) bonds, but only following a duly noticed public hearing. The original terms of the Prior Obligations will remain in place and therefore the debt service is not impacted. MOTION: Butcher moved, seconded by Duckstad, to adopt Resolution No. 2007-52 to reissue the City Obligations as qualified 501(c)(3) bonds and approve the reissuance of the HRA Obligations and the issuance of the 2007A Bonds. Motion carried 5-0. B. LOCK UP PUD AMENDMENT Request for: Planned Unit Development Concept Review on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres and Site Plan Review on 2.11 acres. Location: 12995 Valley View Road. (Resolution No. 2007-53 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment). Neal noted the City Council previously approved a Development Agreement for the Lock Up project. The approved plan is for a 71,187 square foot self-storage building. The city granted a waiver for a floor area ratio of 0.78 and a parking waiver from 427 spaces to 9 spaces. The proposed amendment shows a 72,726 square foot building. The applicant is requesting a floor area ratio waiver to 0.7936 and required parking waiver from 437 spaces to 9 spaces. The 120-Day Review Period Expires on June 22, 2007. The Planning Commission voted 7-0 to recommend approval of the project at the March 12, 2007 meeting. Jeremiah said parking was the most significant waiver,but little parking is needed for a storage facility. A 20-inch discrepancy in the building size triggered a re- approval,but Staff has no concerns about the project. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing; adopt Resolution No. 2007-53 for Planned Unit Development Concept Review on 2.11 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.11 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES April 17, 2007 Page 7 X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.32 RELATIVE TO CITY EMPLOYEES WHO MAY ISSUE CITATIONS Neal said the Police Department is requesting a re-classified civilian position in the Police Department called Community Service Officer be added to the list of employees who may issue citations. In July 2006 the Police Department re- classified one full-time and two part-time positions called Community Service Officer. These positions work in conjunction with the department's Animal Control Officer by responding to community service needs including code enforcement, animal control, parking enforcement, car lock-outs and booking procedures. As part of their role the Community Service Officers issue citations and must be granted that authority through city ordinance. MOTION: Butcher moved, seconded by Nelson, to approve first reading of an Ordinance amending City Code Chapter 2 by amending Section 2.32 relative to City employees who may issue citations by adding Community Service Officer to the list. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Discussion of TIF, Item L on Consent Calendar Neal said Item L on the consent calendar relates to several Eden Prairie TIF districts. The action was proposed as part of a compliance study by Springstead and Associates. Nelson asked for background information on TIF in general. Kotchever explained the City has various TIF districts where a certain percentage of tax increment goes back to the developer and part to the City. Formerly these amounts were put to an "administration" category,but the intent has always been to use these CITY COUNCIL MINUTES April 17, 2007 Page 8 monies for transportation improvement projects. The action clarifies this intent. Nelson asked for confirmation that the item does not impact taxes or grant TIF to a developer. Neal explained TIF is always approved by the Council in an overt action with a public hearing. Rosow said items on the consent calendar are by their nature not significant. Young said it is good to have an understanding of how TIF helps accomplish City priorities, the Major Center Area, for example. Neal confirmed TIF funds are designed to assist private development for public benefit. Young asked if the City has a formal policy for when it will consider TIF. Jeremiah said the policy was laid out in a 2005 Council workshop discussion. Key parameters include achieving goals of the comprehensive plan, limiting duration to 15 years, pooling money for transportation, and using a pay-as-you-go mechanism vs. bonding. Young requested an update on TIF be included as part of the budgeting discussions, and Neal consented. 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. The meeting adjourned at 7:58 p.m.