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City Council - 03/21/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 21, 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 Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Consent Calendar Items VI.O-R awarding bids for playground equipment. All plans have been through the normal Parks and Recreation process, including public input and neighborhood meetings. Neal added Consent Calendar Item VLS. to execute the Transfer of Grant Funds Agreement for CDBG. Rosow explained that due to processing delays and fund activity, amount of the transfer had changed significantly since approval. The current amount is $922,487.18. Approval will cover that amount"or such amount that remains unimplemented at the time of transfer." Tyra-Lukens added an item on the National League of Cities conference to Reports of Councilmembers. MOTION: Young moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 8, 2006 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 4-0 with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8, 2006 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. City Council Minutes March 21, 2006 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HORIZON PLACE by Commercial Horizons, Inc. Second Reading of the Ordinance for Planned Unit Development District Review on 5.87 acres and Zoning District Change from Rural to Commercial Regional Service on 1.74 acres. Location: Birdies Re-development. (Ordinance No. 8-2006 for PUD-6- 2006 District Review and Zoning District Change; Resolution No. 2006-40 for Site Plan Review). C. LONE OAK CENTER by Dove Capital III, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.27 acres and Zoning District Change from Commercial Regional Service to Community Commercial on 5.27 acres. Location: Northwest Corner of Lone Oak & Mitchell Rd (Ordinance No. 9-2006 for PUD-7-2006 District Review with waivers and Zoning District Change; Resolution No. 2006-41 for Site Plan Review). D. AWARD BID FOR UPDATING COUNCIL CHAMBERS AND CONTROL ROOM TO AVI E. AWARD CONTRACT FOR 2006 STREET SWEEPING TO RELIAKOR SERVICES, INC., I.C. 06-5668 F. ADOPT RESOLUTION NO. 2006-42 AUTHORIZING ROADSIDE LANDSCAPING ON TH 5 IN ASSOCIATION WITH TERREY PINE HOMEOWNERS ASSOCIATION G. APPROVE CHANGE ORDER NO. 1 FOR TH 212/CHARLSON ROAD IMPROVEMENT PROJECT, I.C. 05-5638 H. APPROVE ENVIRONMENTAL LEARNING CENTER EXHIBIT AND MULTIMEDIA KIOSK DEVELOPMENT PROPOSAL FROM HAMLINE UNIVERSITY'S CENTER FOR GLOBAL ENVIRONMENTAL EDUCATION I. AWARD BID FOR THE ICE RESURFACER FOR COMMUNITY CENTER TO FRANK J. ZAMBONI & CO., INC. J. AWARD BASE BID 1 & 3 FOR 2006 ICE SYSTEM REPAIRS AND IMPROVEMENTS TO GARTNER REFRIGERATION & MFG. K. AWARD CONTRACT FOR TAMARACK TRAIL RECONSTRUCTION TO CURB MASTERS INC. City Council Minutes March 21, 2006 Page 3 L. AWARD STRUCTURAL REPAIRS AND MODIFICATIONS CONTRACT AND INTERIOR SPOT ABRASIVE BLAST AND COATING CONTRACT TO GENERAL CONSTRUCTION SERVICES, INC. M. APPROVE 2006 AUCTION OF SURPLUS VEHICLES N. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT O. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT STERLING FIELD PARK TO WEBBER RECREATION DESIGN, INC. P. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT TOPVIEW PARK TO ST. CROIX RECREATION Q. AWARD CONTRACT FOR$20,000 OF PLAYGROUND EQUIPMENT AT EDGEWOOD PARK TO CLEARWATER RECREATION, LLC R. AWARD CONTRACT FOR 40,000 OF PLAYGROUND EQUIPMENT AT EDENVALE PARK TO MIDWEST PLAYSCAPES, INC. S. EXECUTE THE TRANSFER OF FUNDS AGREEMENT FROM HENNEPIN COUNTY CDBG LETTER OF CREDIT TO THE CITY OF EDEN PRAIRIE CDBG LETTER OF CREDIT MOTION: Butcher moved, seconded by Case, to approve Items A-S on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young, 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." IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2006-43 AUTHORIZING A STUDY TO IDENTIFY INCONSISTENCIES BETWEEN THE COMPREHENSIVE GUIDE PLAN AND THE ZONING CODE Neal said Staff is advocating for the Council to consider is the declaration of a temporary moratorium on the development of land designated as "quasi-public" in the City's comprehensive guide plan. The moratorium would allow City staff to conduct a study of such land (golf courses) within the City to make sure its zoning designations and guide plan designations are properly aligned. City Council Minutes March 21, 2006 Page 4 Rosow explained state statue allows the City to adopt an interim ordinance to study guide plan issues in an orderly fashion. There is some dissonance between the guide plan and the zoning for the City's golf courses. The Glen Lake course is public/quasi-public in the guide plan and also zoned public. The other three courses (Olympic Hills, Bent Creek, and Bearpath) are listed as public/quasi- public in the guide plan, but zoned rural. The rural zoning designation does permit single-family development on 10-acre lots (or 5-acre lots if established before 1982). Generally, the guide plan designation trumps the zoning code. Since there is no separate district for"quasi-public,"however, the allowable uses may not be clear. Rather than trying to resolve this dissonance on an ad hoc basis after applications are brought, Staff recommends being proactive and correcting the dissonance now. This will ensure there is no doubt about allowable uses. Rosow emphasized this is a Staff recommendation and Staff have no preconceptions about how the dissonance should be resolved. The Council could change the guide plan, change the zoning, or even add a district. Looking at all the golf courses makes sense to do now. Other dissonances that may come to light during the Comprehensive Guide Plan review could be addressed at that time. Young said aligning the guide plan and the zoning makes sense. He questioned the need for a moratorium. In the Mendota Heights case, the court found the guide plan governed. Thus the current public/quasi-public guide plan designation would prevent residential development even though the courses are zoned rural. Rosow agreed but noted the court also required Mendota Heights to align its guide plan and its zoning. Young expressed concerns the moratorium could create an appearance of pre-judging development and expose the City to a legal challenge. If the guide plan designation is primary, the City is already in a good legal position. Rosow said the problem is there is no "quasi-public" district currently, so it is unclear what is allowable. It could be problematic to rely on the quasi-public guide plan designation without corresponding zoning. Young asked for a description of the study process—perhaps it could be completed quickly and eliminate the need for a moratorium. Rosow said it would be a staff-driven process led by Jeremiah. Staff would present recommendations for resolving the dissonance. Young asked how long it would take. Jeremiah said she was working on getting an intern to help with the project and hoped to make a recommendation in six months. It would then take another two to three months to make the changes. Rosow said the process after the recommendation was brought to Council would include a public hearing at Planning Commission and a public hearing before the Council. Neal said the City would go through the identical process as any private entity requesting a zoning change. Case said he deferred to Staff's recommendation regarding the moratorium. Tyra- Lukens supported the moratorium also. It may seem drastic but the City has little open land left. Council would not be good stewards by rushing through the process. Young asked if beginning with a shorter moratorium and extending it if City Council Minutes March 21, 2006 Page 5 necessary might be an option. Rosow said there is an extension process to go beyond 12 months,but that requires a public hearing. It's unclear whether a public hearing would be needed to extend a moratorium from, say, six to nine months. MOTION: Butcher moved, seconded by Young, to adopt Resolution No. 2006- 43 authorizing a study to identify inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code as to the use authorizations and designations of certain properties within the City of Eden Prairie and to propose measures to cure any such inconsistencies. Motion carried 5-0. B. FIRST READING OF AN INTERIM ORDINANCE TEMPORARILY PROHIBITING DEVELOPMENT IN AREAS DESIGNATED AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE Aho said he would prefer a nine-month moratorium to avoid imposing on property owners. Case said there is no compelling reason to change the timeline except that 12 months seems too long. It is better to preserve flexibility. Young said he would support the motion,but noted his reservations. It is a serious matter to limit a property owner's ability to do something with his property. Tyra- Lukens agreed but noted many citizens are interested in this issue. There needs to be time for consideration and public input. Neal said Staff does not recommend the moratorium lightly. There has been one similar instance,but only one. He pledged to complete the study as quickly as possible. MOTION: Case moved, seconded by Young, to approve first reading of an interim ordinance temporarily prohibiting any new use, permit, conditional use permit, variance, subdivision, or development in areas designated in the comprehensive guide plan as public/quasi-public which are used as a golf course, with section VILA. corrected to allow building permits for exterior as well as interior work on existing buildings. Motion carried 5-0. C. SECOND READING OF INTERIM ORDINANCE NO. 10-2006 TEMPORARILY PROHIBITING DEVELOPMENT IN AREAS DESIGNATED AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AND RESOLUTION NO. 2006-44 APPROVING SUMMARY ORDINANCE Tyra-Lukens noted having the second reading tonight allows the study to proceed without waiting a month till the next Council meeting. MOTION: Butcher moved, seconded by Aho, to approve the second reading of Interim Ordinance No. 10-2006 temporarily prohibiting any new use, permit, conditional use permit, variance, subdivision, or development in areas designated in the comprehensive guide plan as public/quasi-public which are used as a golf City Council Minutes March 21, 2006 Page 6 course; and adopt Resolution No. 2006-44 approving the summary ordinance. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Eminent Domain Reform— Councilmember Young Young noted the Legislature is considering bills that might affect the City's ability for eminent domain and taking of land. Many issues are being considered, for example, whether blight can be a factor, whether small businesses should be compensated for lost income if relocated, and whether property owners' legal costs should be reimbursed if they successfully fight a lowball offer. He proposed having a discussion about it to see if the Council might want to weigh in. Tyra-Lukens agreed the bills are moving quickly and it would be good to have this discussion. 2. National League of Cities—Mayor Tyra-Lukens Tyra-Lukens said the big issues at this year's NLC conference were immigration reform and CDBG funding. The news on both for cities was disheartening. Immigration reform proposals may put responsibility for immigration enforcement on cities without any additional funding. An additional $1 billion in CDBG funding is also proposed, which would put funding below 1990 levels. Neal said federal immigration decisions affect cities in other ways as well when they have bear costs for adjudication, care and lodging. Butcher said she had worked on the democratic governance committee at the NLC. The committee will develop case studies and ongoing research to help strengthen local government. B. REPORT OF CITY MANAGER 1. City Manager Annual Performance Review Neal recommended again using PDI to conduct the review and Council assented. 2. NLC Conference City Council Minutes March 21, 2006 Page 7 Neal said he had learned over the years to make private appointments with legislators in order to highlight the City's concerns. He met with staff for 2nd district representative John Klein, 3rd district representative Jim Ramstad, and Senator Norm Coleman. Issues discussed included responsibility for environmental conditions among the WAFTA cities, the City's issue with the U.S. Fish and Wildlife Service over trail access, the MAC issue, and the I-494 and Highway 169 interchange. Ramstad's office committed to helping with the trail issue. Neal said he would conduct additional follow-up. 3. Future Budget Preparation Process Neal noted he and Kotchevar had presented their recommendation regarding the process for finalizing the proposed 2007 City budget and preparing the 2008-2009 City budgets at the City Council's March 7 Workshop,. The discussion of the 2007 budget focused on the current 2007 draft budget, which was tentatively approved by the City Council during the approval process for the 2006-2007 budget preparation process in 2005. The discussion of the 2008-2009 budget process focused on a flow chart presented by Ms. Kotchevar that outlined a process that integrates public, staff and Council input and feedback in an orderly process that would begin, if authorized, later this year. The added steps would gather public input at the earliest stages of the process. MOTION: Case moved, seconded by Aho, to direct staff to plan and implement a budget preparation process for 2007 and 2008-2009 pursuant to the flow chart and process as discussed at the Council's March 7 Workshop. Motion carried 5-0. 4. Award Bank Services (Resolution No. 2006-45) Neal said he was responding to a Council directive to look at the City's banking services. An RFP was issued and Staff is recommending the City switch banks. Kotchever said the City sent the RFP to ten banks with branches in Eden Prairie, of which eight attended a mandatory information meeting and five submitted proposals. Subsequent questions and answers from the banks were also copied to all the banks to ensure fairness of the process. Kotchever said U.S. Bank provides all the needed services with no fees and the best interest rate. The availability of Check 21 services (which would allow the City to transmit deposits electronically instead of running checks to the bank) and a lock box are other appealing amenities. U.S. Bank received good references from several local cities. The new deal will save the City about$5,000 - $10,000 annually. MOTION: Aho moved, seconded by Young, to award banking services to US Bank National Association; and adopt Resolution No.2006-45 designating City Council Minutes March 21, 2006 Page 8 US Bank National Association as the Official Depository for the Public Funds of the City of Eden Prairie. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Round Lake Improvement Projects, I.C. 02-5581 Dietz presented results from the consultant proposal requested by the City Council to review treatment alternatives for Round Lake. The proposal from Blue Water Science reviews the history of the lake,presents new data on its condition gathered in summer 2005, and provides a list of suggested projects. The history of Round Lake is varied, with some positives and some negatives. As a 32-acre lake with 144 acres of drainage, it has a more than adequate drainage ratio (14:1, with 10 one being adequate.) The shoreline is 60% natural and 40% public/quasi-public. It is shallow at an average depth of 14 feet. Secchi disk ratings starting in 1972 show varying water clarity,ranging from a high of 16.5 feet in 1972 to an alarming low of 3.3 feet in 1991. Fecal coliform bacteria caused by goose droppings have also been an issue. Goose removal was begun in 2001. However, the beach was closed due to unsafe fecal coliform levels in 2004. In 1999, the Watershed District studied the lake and proposed a treatment plan totaling $900,000, with an annual maintenance cost of$25,000. The centerpiece of the plan was an alum treatment plant to sequester and settle out phosphorous, reducing algae growth and increasing the clarity of the lake. The City opted not to install the alum plant but has done some of the other recommendations, including stormwater ponds. More pond work is scheduled through 2008. At a cost of$14,000, Blue Water Science conducted testing and evaluation of Round Lake and produced a treatment plan. The results were better than anticipated. The Secchi disk rating was 6.0 feet, with phosphates in the lake at 34 ppb. 40 ppb is a reasonable level to prevent excess algae growth. All measurements were within parameters for the lake's ecoregion. Therefore, the study concludes an alum plant is not needed. The abundance of emergent plants (for example, water lilies) in the lake is probably a major contributor to drawing down phosphate levels. Blue Water Science recommends taking water quality samples twice yearly, conducting a fish survey of the pond areas (the DNR plans a fish study of the main lake), and doing an aquatic plant survey as both fish populations and plant populations affect the quantity of phosphorous. In addition, the City Council Minutes March 21, 2006 Page 9 study recommends using barely straw to sequester phosphorous in the pond areas, and to further evaluate and try new methods to combat the goose problem. The cost of this treatment plan would be $17,000. The full report is available on the City website. Tyra-Lukens asked if the barley straw would go in the new ponds. Dietz said it would go in the existing ponds. The barley straw sinks to the bottom. During the decomposition process,bacteria use phosphorous, thereby removing it from the pond. Tyra-Lukens contrasted this ecological process with the chemical approach of the alum plant. Dietz said that for the cost, the treatment plan is well worth trying. It is less even than the annual operating cost for an alum plant. Tyra-Lukens asked if the data meant the lake is already swimmable. Dietz said the needed water clarity is somewhat a matter of opinion. The key issue,however, is not clarity but fecal coliform. Aho asked if fecal coliform levels were low enough to reopen the beach this year. Dietz noted there are no lifeguards budgeted for this year. There was still a short spike in August last year for fecal coliform. Dietz said the City has a credibility problem over the beach and should make sure the beach can stay online for a while before reopening it. The best chance of success is to work on the geese. Aho asked if barley straw could be put in the lake as well as the ponds. Dietz explained phosphate levels in the lake are just 34 ppb, whereas pond levels are 300 ppb. Controlling phosphate in the ponds offers bang for the buck and will go a long way toward controlling phosphate in the main lake. MOTION: Aho moved, seconded by Case, to approve the proposal by Blue Water Science to provide Round Lake Improvement Projects in the amount of$16,960. Motion carried 5-0. 2. Professional Services Agreement for Infiltration/Inflow Study and Report of the Sanitary Sewer System Dietz says there is some confusion throughout the metro area regarding new policies on infiltration/inflow. The key issue is that too much clear water is going into the sanitary sewer system instead of storm sewers. In the past, Metropolitan Council Environmental Services (MCES)has responded by building bigger plants and just treating the rainwater. Now, MCES has developed a hefty surcharge for communities identified with excessive amounts of I/I to encourage cities to remove it from their system. Of the 58 cities served, 51 have excess I/I, and Eden Prairie is one of them. The surcharge for Eden Prairie is $276,500. To put that in perspective, Eden Prairie pays about $2.4 to $2.7 million annually for treatment of its sanitary sewers. The proposed study by SEH, Inc. (cost$223,000) will monitor the flows in our sewer system in the northern half of the City and develop a strategy to reduce excess I/I. The study cost is driven by the complexity of the City Council Minutes March 21, 2006 Page 10 sewer system and the need for multiple flow meters. Since the surcharge is so high, it pays to do the study. Dietz cautioned the remediation process is likely to become intrusive, requiring the City to inspect sump pumps in individual homes and require their correction if they drain into the sanitary sewer. The study would provide the necessary foundation for taking such actions, if needed. Tyra-Lukens noted the study cost is less than even one year of the surcharge. Dietz agreed and noted the MCES would probably be amenable to having the City spend its surcharge on corrective action rather then simply paying a fee. Tyra-Lukens asked the study length. Dietz said flow would be monitored from April to October to capture rainfall events. The northwest corner of the City is likely to be the culprit, since there a high groundwater and many sump pumps run continuously there. Tyra- Lukens asked if there is a mandate to reduce excess I/I below a certain level. Dietz said there is a target number, which is not mandated but does trigger a fee if exceeded. The lack of sanitary sewer treatment capacity will limit growth if clear water is not addressed. MCES is assessing $19 million in surcharges,but the cost of a new plant is $190 million. Without a resolution of the situation there could be a moratorium on development. Aho asked how the City's fee was determined. Dietz said meters on the borders of each town measure the volume in and volume out. The difference is the City's contribution to the flow. It is a rough estimate but probably correct. Aho asked if the major source of clear water is sump pumps. Dietz said yes. There can be leaks in the sewer lines,but almost all of Eden Prairie's pipes are plastic and unlikely to leak. Some communities also have issues with footing drains but that is also unlikely since development in Eden Prairie is relatively recent. Some of the inflow may be attributable to MCES' system. It is a gravity flow system that follows creek beds and some manholes may be flooding in the spring. Aho asked if the City could just use the MCES flow meter data to save costs. Dietz said this data is insufficient to target where excess flow is coming from. The study was restricted to the northern half of the City to reduce costs. Soil conditions in the southwest corner are sandy, so homes are unlikely to have sump pumps. Neal said he had been through this process in another City. It's important to be precise in pinpointing the flow sources because the process does become invasive for homeowners. Tyra-Lukens asked which budget funds would come form. Dietz said study would be paid by the utility enterprise fund and is not a general fund tax issue. MOTION: Case moved, seconded by Butcher, to approve Professional Services Agreement with Short, Elliott, Hendrickson, Inc. (S E H) to prepare an Infiltration/Inflow (I/I) study and report of the sanitary sewer system for an estimated fee of$223,000. Motion carried 5-0. City Council Minutes March 21, 2006 Page 11 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Award Contract for Construction of Fire Station 4 Esbensen noted bids taken in October 2005 for the construction of Fire Station#4 had been too high. Analysis indicated the excess costs were due to winter construction, the uncertainties of material costs as a result of Hurricanes Katrina and Rita, a natural gas spike, and over-engineering of soil mitigation and pavement sections for the parking and apron areas. In the months following the October bid opening, staff focused attention on these areas and made some design changes. These efforts, along with a more competitive market and an increased number of bidders, reduced cost by $408,000. The low bidder comes highly recommended by other municipalities. Aho and Butcher praised the department for its cost- saving measures. MOTION: Aho moved, seconded by Butcher, to award contract for General Contractor for construction of Fire Station#4 to CM Construction. Motion carried 5-0. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:41 p.m.