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City Council - 12/03/2019 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $500 FROM HOME INSTEAD SENIOR CARE AND PRAIRIE BLUFFS SENIOR LIVING FOR LIVE WELL SEMINAR (Resolution No. 2019-125) Lotthammer said Home Instead Senior Care and Prairie Bluffs Senior Living have donated $500 for a Live Well seminar. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2019-125 accepting the donation of $500 to be used for the Live Well Seminar from Home Instead Senior Care ($250) and Prairie Bluffs Senior Living ($250). Motion carried 5-0. B. ACCEPT DONATION OF $1,500 FOR SENIOR CENTER PROGRAMS FROM EDEN PRAIRIE PROFESSIONALS IN AGING (Resolution No. 2019-126) Lotthammer reported a donation of $1,500 has been received from Eden Prairie Professionals in Aging for the Senior Resource Fair in May. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2019-126 accepting the donation of $1,500 to be used towards the Senior Birthday Party event CITY COUNCIL MINUTES December 3, 2019 Page 2 and Senior Awareness Month programs from Eden Prairie Professionals in Aging (EPPIA). Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Rosow added Item XIV.A.9. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 12, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 12, 2019 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, November 12, 2019, and the City Council meeting held Tuesday, November 12, 2019, as published. Motion carried 4-0-1, with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PARAVEL APARTMENTS by Timberland Partners. Second Reading of an Ordinance for PUD District Amendment with waivers on 4.962 acres; Resolution for Site Plan Review on 4.962 acres (Ordinance No. 21-2019-PUD-13-2019 for PUD District Amendment; Resolution No. 2019-127 for Site Plan) C. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Second Reading of an Ordinance for PUD District Amendment with waivers on 5.31 acres; Resolution for Site Plan Review on 5.31 acres (Ordinance No. 22-2019-PUD-14-2019 for PUD District Amendment; Resolution No. 2019-128 for Site Plan) D. ADOPT RESOLUTION NO. 2019-129 MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE E. ADOPT RESOLUTION NO. 2019-130 DESIGNATING POLLING PLACES FOR 2020 CITY COUNCIL MINUTES December 3, 2019 Page 3 F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2020 AND 2021 G. ADOPT RESOLUTION NO. 2019-131 IN SUPPORT OF APPLICATION TO DEED TO ASSIST DDL CORPORATION WITH BUSINESS EXPANSION H. APPROVE PURCHASE OF TASERS AND ACCESSORIES FROM AXON I. APPROVE AGREEMENT WITH WASTE MANAGEMENT FOR WASTE SERVICES J. AWARD CONTRACTS FOR 2020 WATER TREATMENT CHEMICALS K. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE ROAD DESIGN L. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LOTS 1 AND 2, BLOCK 1, SPRING HEIGHTS FOR EDEN PRAIRIE ROAD EXTENSION M. AWARD CONTRACT FOR POND 05-11-A DREDGING PROJECT TO BLACKSTONE CONTRACTORS, LLC. N. ADOPT RESOLUTION NO. 2019-132 ACCEPTING VARIOUS 2019 DONATIONS AND IN-KIND CONTRIBUTIONS O. APPROVE AGREEMENT WITH VTI SECURITY AND XTREME INTEGRATION FOR CARD ACCESS EQUIPMENT MOTION: Freiberg moved, seconded by Narayanan, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 11000 VIKING DRIVE PARKING RAMP by United Properties Development. Resolution for PUD Concept Review on 16.2 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 16.2 acres (Ordinance for PUD District Amendment; Resolution No. 2019-133 for PUD Concept) Getschow said the purpose of this project is to increase the parking ratio on the site to better comply with current Office District standards and potential new tenant needs. The construction of the ramp would bring the proportions of the parking closer to industry standards. Carrie Edelston, Development Manager with United Properties, introduced Marc Williamson Edward Farr Architects, who gave a PowerPoint describing the project. CITY COUNCIL MINUTES December 3, 2019 Page 4 Mr. Williamson reviewed the project and said they are requesting variance/PUD waivers for the allowable height, for exterior variations to match the existing building; and for parking stall and aisle dimensions greater than those recommended by the Urban Land Institute but smaller than the City’s dimensions. Aho asked when construction would start and when it would be completed. Mr. Williamson replied they would start as early as this spring and finish by the end of summer. Case asked if there will be any increase in the impervious surfaces and how the runoff is currently captured. Mr. Williamson replied there is a storm sewer system with underground storage tanks to capture runoff and to filter the water. He explained the project will increase the amount of pervious surface with more plantings around the building. Case noted the Watershed District should be happy to hear that. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2019-133 for Planned Unit Development concept review on approximately 16.3 acres; to approve first reading of the Ordinance for Planned Unit Development District review with waivers on approximately 16.3 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case wondered how the situation will evolve in the future with the emphasis on less usage of cars but with the opportunity to make smaller vehicles, thus allowing more vehicles to park and more people to occupy a building. Jeremiah responded this project maximizes the use of their parking, and they will meet our standards. VOTE ON THE MOTION: Motion carried 5-0. B. FIRST AND SECOND READINGS OF ORDINANCE NO. 23-2019 APPROVING 2020 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2019-134 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Getschow said Items IX.B, C, and D are related to our budget and are approved every year at the last meeting of the year. Item IX.B is a first and second reading of the fee schedule for the administration of official controls. Every department in the City analyzes every fee and does comparisons with what is happening in the market. The City adopts by ordinance the fees for the administration of official controls, most of which are related to our building code and to State statute. He noted most of the changes to the fees are within the measure of inflation. MOTION: Aho moved, seconded by Nelson to close the public hearing; and to approve the first and second readings of Ordinance No. 23-2019 updating the fee CITY COUNCIL MINUTES December 3, 2019 Page 5 schedule for administration of official controls and to adopt Resolution No. 2019-134 approving the summary for publication. Case noted there is always a tension between how much the taxpayer should foot the bill and how much the user base should pay. He thought we have done a good job balancing that tension. Tony Morimoto, 7214 Topview Rd., expressed concern regarding the number of fees and the availability of the documentation. Getschow explained the 400-page packet with the 2020 fees proposed is on the City website and does have about 50 pages of fees. Aho said he received an email from a resident, Brad Starr, with questions about the City’s franchise fees and requesting that franchise fees for utilities be direct taxes instead. Mr. Starr felt those fees are not as transparent as they would be as taxes. Mr. Starr also commented he believed the City’s water charges have gone up a fair amount over the last few years, and he wondered if those increases are justified. Ellis responded the water infrastructure is one of the largest pieces the City owns. There are several hundred miles of pipeline in the City, and there are sizable capital improvement projects included in the long and medium term Capital Improvement Plan (CIP). The new ground storage facility being built has a price of about $9,000,000. We have a very large system that is capital intensive as well as one that requires a lot of labor to maintain. We look at the long term capital needs for the system every year and prorate the costs out to the future so we can set a responsible rate to recapture those costs. We also compare our rates to those in neighboring cities. The typical water user in Eden Prairie pays the 15th lowest fees out of 33. Aho further explained in addition to pre-softened water, we also look at the system to make sure it will take care of our infrastructure needs in future years. We have chosen to put in franchise fees. If we did not have the franchise, we would have to have a large tax increase or an assessment to pay for such needs. He asked if the relatively large increases in the past few years might not continue. Ellis replied we have had fairly large increases in the last few years, but that will stabilize and then drop down in future years. Nelson noted we also have a water usage rate where people who use more water will pay more, thereby encouraging people to conserve water. Case said it sometimes may seem like the Council is acting on an issue from the top of our heads; however; we spend two years on the budgeting process and receive quarterly updates in the Council workshops. He believed our government is much more transparent than corporations, and our documents are available for anyone to research. He also noted the utility fee is listed as a fee, but it is actually a tax. As a franchise fee, it is evenly spread so that anyone who uses the utility system pays for it. Without the franchise fees, we would have to raise the taxes on property owners. Our neighboring cities are having tremendous expenses for street updates that are CITY COUNCIL MINUTES December 3, 2019 Page 6 being paid for by property owners; but in Eden Prairie a property owner can never be assessed the costs of roadways again. Aho commented it is one of the most equitable ways to fund the process. Mr. Morimoto asked what occurs if a water main breaks. Ellis responded there is no cost to the residents for that repair because our rates support those costs. The homeowner would have responsibility only for the service line to their home. Anything on the main or in the public right-of-way is the City’s responsibility. VOTE ON THE MOTION: Motion carried 5-0. C. RESOLUTION NO. 2019-135 APPROVING 2020 FEE SCHEDULE FOR CITY SERVICES Getschow noted the City is required to hold a public hearing on this fee schedule for City services; however, we have chosen to hold a public hearing about both fee schedules. Item IX.C covers all other fees for City services, including the utility and franchise fees. The Council had a full workshop to run through all of the fees for 2020. Aho said the Council does want residents to be able to be aware of all fees. Fifty pages seems excessive, but if you look at the categories, there aren’t any that are unnecessary. Out of all the fees, there are not many that would impact an individual resident. We need fees to be fair to all residents, businesses and users of our common property. Getschow explained all six City departments have fees associated with them and every single park fee is included in the fee schedule. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing and to adopt the 2020 Fee Resolution No. 2019-135. Motion carried 5-0. D. RESOLUTION NO. 2019-136 CERTIFYING 2020 PROPERTY TAX LEVY, ADOPTING 2020 BUDGET AND APPROVING 2020 HRA TAX LEVY Getschow said Finance Director Sue Kotchevar and he will give a PowerPoint presentation on the details of the 2020 budget before holding the public hearing. Kotchevar reviewed the proposed budget with details of the General Fund revenue and expenditures, the debt summary, the property tax levy, the overall tax impact and the total property tax impact. There will be a 3.1% increase in the total budget, with a 3.3% increase in General Fund revenue and a 3.3% increase in General Fund expenditures. She reported the average monthly cost of City services is about $111.17. CITY COUNCIL MINUTES December 3, 2019 Page 7 Getschow explained these numbers do not just come out of thin air. There are a lot of factors considered in planning a budget. We start the two-year process at the beginning of the year with the Council doing strategic planning. We conduct a community survey of our City services and evaluate the prior year’s budget. During the summer we drill down into the line items for the budget. The Council adopts the preliminary budget in September which sets a ceiling for the final budget. Every tax payer receives a statement showing what their taxes will be for the following year. He reviewed the goals for providing City services and described the results of the community survey from the spring of 2019 in which concerns were expressed regarding the future affordability of Eden Prairie. The goals include maintaining a strong financial position, enhancing the sense of community and community identity, sustainability, and affordable housing for all life cycles. He noted the City has been in the State’s top 150 work places for the last several years. He reviewed some of the budget highlights including the LRT and road improvements, implementing the City’s Aspire 2040 comprehensive program, planned projects for Parks and Recreation and plans for additional police officers in 2020 and 2021. He reported Eden Prairie is in the bottom fifth of cities in a comparison of city levies. He also noted Eden Prairie is the No. 2 contributor in the metro area to the fiscal disparities program where a portion of the taxes goes out to other communities. The City does not receive any local government aid from the State of Minnesota. Narayanan thanked Ms. Kotchevar and Mr. Getschow for a great presentation that gives a good view of our tax structure. He emphasized Eden Prairie is the fourth lowest taxed city among our neighboring cities, and the City’s share is 25% of the total tax bill each homeowner receives Mr. Morimoto asked when was the last time the City’s property taxes were lowered. Case responded the last time would have been the last time we decreased in population. Since 1853 our needs have increased as our population has grown. Getschow added there have been times in the past ten years when we did not increase the tax levy, but the budget was increased; however, our tax rate is decreasing. Aho commented he was elected in 2004 and in 2006-2008 we had a zero percent levy increase while at the same time were able to increase our service delivery. Nelson thanked City staff because we provide some of the highest services in the Twin Cities, yet we have some of the lowest taxes in the area. Mr. Morimoto asked if there is a plan to lower the budget if property values decreased by 20%. Aho responded, while it is complicated, we are adopting a budget of $51,610,456, so that means we have to raise that much money. We receive a certain percentage of revenue from property taxes, and some comes from fees and other sources. If all property values go down by some percentage, the property taxes would stay the same because we still have to raise the total budget amount. Case added our tax base gets shared among all the property types. A declining tax rate is a really good thing, and our tax rate is declining year after year. We have a very healthy economy. Mr. Morimoto asked what would be cut if the City did not have the money. Case CITY COUNCIL MINUTES December 3, 2019 Page 8 replied if that happened we would have to figure out priorities among the line items; however, we have a track record of phenomenal economic stability. Aho added we look at money collected from residents as taxes and look at the return on investment. Taxes are an investment in the community, and we look at that carefully by reviewing the community survey results to see what services people value, along with what level of services people expect and what the cost is to provide those services. If we had to reduce services, we would have to look at all of the services the City provides. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2019-136 certifying the 2020 Property Tax levy to be $39,621,102; to approve the 2020 Budget of $51,610,456 as reviewed by the Council; and to approve the HRA tax levy and budget of $200,000. Motion carried 5-0. E. ADA TRANSITION PLAN (Resolution No. 2019-137) Ellis gave a PowerPoint presentation on the Americans with Disabilities Act (ADA) transition plan and noted staff from several City departments have been working on the plan for the last 18 months. Title II of ADA pertains to the programs, activities and services that deal with the public right-of-way. As a provider of public transportation facilities, the City of Eden Prairie must comply with this section of the Act as it specifically applies to public service agencies. Title II provides rules for removing barriers from sidewalks, trails, curb ramps and traffic signals. He reported the Human Rights and Diversity Commission has recommended adoption of this plan. Ellis reported staff began the process with an inventory and assessment of the current condition of sidewalks, trails, curb ramps and traffic signals in the City. He gave examples of barriers found, including the lack of truncated domes to assist the visually impaired at curb ramps. He presented a map prepared after completing the inventory and assessment showing priority areas for implementation of the plan within the City. He reviewed the schedule for the plan which will be part of the ten-year Capital Improvement Plan and will have an estimated cost of $13,000,000 over 26 years. The plan will be implemented starting in 2020. Aho realized truncated domes, in particular, are expensive, and asked if there is any way we can work with the State and other governmental agencies to aggregate our buying power. Ellis replied we could look into that. Freiberg understood we need to do this, and he asked if we are going to get a lot of pressure to complete this in less than 26 years. Ellis responded we looked at similar city’s plans, and it appears we can expect about 8% of the work to be completed per year. If we are successful with receiving grants for the improvements, we might be able to do more of the work a little sooner. We will make a point of working with an individual or group that needs special attention, and we plan to do a lot of the work ourselves. CITY COUNCIL MINUTES December 3, 2019 Page 9 Narayanan commented the State does a lot of contract negotiating to get better deals. He asked if redevelopment projects will be required to comply with the new requirements. Ellis replied the State does have joint cooperative agreements which we use on a regular basis. We will check to see if truncated domes are included as part of a State contract. Our goal has always been to make redevelopment projects compliant. This plan will deal with existing facilities as well as new construction. He noted most of the traffic signals will be upgraded as part of the ten-year plan. Mr. Morimoto asked if we consider traffic circles rather than signal lights. Ellis replied as part of the reconstruction project design process, we do an analysis of traffic signals versus traffic circles; however, traffic circles take a large amount of right-of-way. MOTION: Nelson moved, seconded by Aho to close the public hearing. Motion carried 5-0. Nelson expressed her hope locations where sidewalks are blocked by poles are on the top of the list for changes. She thanked Mr. Ellis for a very thorough study and further noted by 2030 30% of our population will be seniors. She liked what staff is doing and how plans are concise and well thought out. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-137 approving the City of Eden Prairie ADA Transition Plan for the Right of Way. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Proclamation – Mayor Case Case stated it is rare for one individual to have as profound an impact on one city as has City Attorney Ric Rosow. Mr. Rosow has worked for the City for 40 years, and he has worked with Mr. Rosow for 23 years. During that time, he has CITY COUNCIL MINUTES December 3, 2019 Page 10 never once questioned Mr. Rosow’s counsel. Mr. Rosow has fervently and passionately represented the residents of the City of Eden Prairie. He read a proclamation proclaiming December 3, 2019, as Ric Rosow Day and presented the plaque to Mr. Rosow. B. REPORT OF CITY MANAGER C. REPORT OF 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 Attorney Rosow thanked Mayor Case for his kind words. He reported matching donations for the affordable housing challenge have been received. Mr. Rosow’s grandsons presented a check to Mayor Case for the remaining half of the challenge. He recognized several people who made possible his tenure at the City and were part of his work here: his wife, Vicki; his son, Michael, his daughter-in-law and his two grandsons as well as other family members at tonight’s meeting; Roger Pauly, who preceded him as City Attorney and served as a great mentor to him; Mayor Jean Harris; Mayor Gary Peterson; Mayor Nancy Tyra-Lukens, who was a strong advocate for everything we value in Eden Prairie and in his opinion, the finest mayor in the State of Minnesota; and former Chief Jim Clark who served as a mentor to him while also seeking his advice. He thanked the current staff at Eden Prairie who do an excellent job and are a joy to work with. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Narayanan, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:04 p.m.