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City Council - 06/06/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 6, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. SOUTHWEST METRO UPDATE BY LEN SIMICH Simich reported on Southwest Metro's status as it enters its 20"'year. Ridership continues to climb, with a 10% increase in 2005, 20% increase in 2004, and a 15% increase this year to date. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items to Reports of Councilmembers. Neal added three brief updates to Report of City Manager. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2006 MOTION: Case moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. CITY COUNCIL MINUTES June 6, 2006 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2006 MOTION: Aho moved, seconded by Case, to approve the City Council minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD BID FOR PARK ENTRY SIGNAGE PROGRAM TO SIGN SOURCE, INC. C. ADOPT RESOLUTION NO. 2006-72 APPROVING PLANS AND SPECIFICATIONS FOR HILLTOP ROAD IMPROVEMENTS AND ADVERTISING FOR BIDS, I.C. 05-5642 D. APPROVE UTILITY EASEMENT AGREEMENT WITH MAC ACROSS FORMER BEARMAN AND MJOLSNES PROPERTIES E. APPROVE PROPOSAL FROM EMMONS & OLIVIER RESOURCES FOR BOG-MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB, I.C. 06-5674 F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 G. ADOPT RESOLUTION NO. 2006-73 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS (COMMUNICATIONS ROOM IMPROVEMENTS) H. AWARD CONTRACT FOR ENGINEERING STUDY FOR CONVERSION OF CITY RADIO FUNCTIONS TO THE 800 MHZ REGIONAL RADIO SYSTEM TO LEONARD KOEHNEN & ASSOCIATES, INC. MOTION: Young moved, seconded by Aho, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Request for: Planned Unit Development Concept Review on 28.11 acres, Planned Unit Development District Review with waivers on 28.11 acres, Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres, Site Plan Review on 28.11 acres, Preliminary Plat of 28.11 acres into 3 lots and 1 outlot, Location: Charlson Road and Highway 212. CITY COUNCIL MINUTES June 6, 2006 Page 3 (Resolution No. 2006-74 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change, Resolution No. 2006-75 for Preliminary Plat) Neal said the project is three office buildings totaling 422,076 square feet and an 18,800 square foot retail building. There is a parking setback waiver from 35 feet to 17.5 feet along Charlson Road to create more room for trees between the office buildings and homes to the west. The plan for commercial is conceptual since the building architecture has not been developed. A zoning and site plan review will be required when plans are ready. The Planning Commission voted 7-0 to recommend approval of the project at the May 8, 2006 meeting. Official notice of this public hearing was published in the May 25, 2006, Eden Prairie Sun Current and sent to 127 property owners. Tyra-Lukens asked if there would be berms. The proponent said there is not space but trees would be used for screening. There were no comments from the public. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2006-74 for Planned Unit Development Concept Review on 28.11 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres; adopt Resolution No. 2005-75 for Preliminary Plat on 28.11 acres into four lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, 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 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Birch Island Woods Status CITY COUNCIL MINUTES June 6, 2006 Page 4 Case noted the Birch Island Woods purchase was not yet complete. Lambert said the delay is due to the series of approvals needed to take the Cummins-Grill property out of LAWCON requirements. The sale will likely be complete by mid-summer. 2. Water Surcharge Case said the surcharge continues to be viewed as unfair to those with smaller families who use less water in winter. He asked if the new Conservation Commission could study the issue. Dietz noted the formula for the surcharge is not strictly winter/summera benchmark of 1.5 times the city average is also used to prevent unfairness to snowbirds, empty nesters and others with low winter water usage. The Conservation Commission would be an appropriate body to look at the issue. 3. City Manager Performance Review and Performance Payment Tyra-Lukens noted after review of performance and progress on goals, the Council concurred in granting City Manager Scott Neal a 3.5% merit award. MOTION: Case moved, seconded by Butcher, to approve the annual performance review of City Manager Scott Neal and to authorize, pursuant to the terms of Section 3 of his employment agreement with the City, a performance payment equal to 3.5 percent of his current annual base salary. Motion carried 5-0. B. REPORT OF CITY MANAGER 1. City Prosecution RFP Neal referred Councilmembers to the timeline and requested input on whether the RFP should be open or targeted, as is done in two neighboring cities. He noted the interview panel has spots for two Councilmembers. 2. Arson at Prairie View Park Shelter Neal said the crime fund has authorized a cash reward. 3. Council Chambers Project Neal noted the project would take place between June 20"' and July 18"'. CITY COUNCIL MINUTES June 6, 2006 Page 5 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Parking Lot and Ball Field Renovation Lambert explained the Parks and Recreation Commission recommends Scheme D. This option reduces cost from$2.5 million to $2.0 million ($1.9 million, counting the Baseball Association's contribution). Aho asked why the ball field is rotated in this scheme. Lambert said it is being changed from a softball field to a baseball field and the rotation accommodates the larger size. MOTION: Case moved, seconded by Butcher, to approve Scheme D for the renovation of the parking lot to serve the Community Center and a relocation of the baseball field. Motion carried 5-0. 2. Community Center Addition Lambert and architect Del Erickson reviewed the concept plan. The plan as envisioned costs out at$8.7 million, approximately $2 million more than the community center portion of the parks referendum. Reasons for the increase include: ➢ Added 9,000 square feet to building. ➢ Increase in materials costs for copper, electrical and plastic (up 20%). ➢ A cost estimate generated for the previous failed parks referendum was used and was thus somewhat out of date. Running new estimates carries its own cost, so the 2003 numbers were used. Lambert and Erickson presented a list of$699,500 in cuts and $465,000 in alternates recommended by the Parks and Recreation commission to save costs. Alternates would be bid to see if they would be affordable and might or might not be included. Another source of funding could be to delay construction of Cedar Ridge Park to free up CIP funds for the Community Center, and use developer fees generated when the old Cedar Hills Golf Course is developed for the park. The consensus of the Parks Commission was that it would be better to spend $8 million on a nice facility than to spend $7 million for one people will continue to complain about. MOTION: Butcher moved, seconded by Case, to authorize staff to proceed with the Community Center addition plan that would include approximately $669,500 in deductions and $465,000 in alternates from the previously approved concept plan. CITY COUNCIL MINUTES June 6, 2006 Page 6 Young asked for clarification on why costs had increased by $2 million over the referendum amount, nearly 30%. He asked for a breakdown of the amount each factor contributed to the increase and whether the increase added to the footprint or functionality of the building. Erickson explained added program areas included a child care area, a multiuse room, two meeting rooms, and 1,500 sq ft of additional office space which will allow Parks program staff and the building manager to be officed on- site. In addition, fitting the program spaces into an overall design (including walls, mechanical areas, hallways, etc.) required a 15-20% increase in square footage instead of the projected 10-15% increase, due to the challenges of working around the existing building. Erickson estimated about half the $2 million increase is due to the increased square footage and half to increased construction costs. Young asked how much would be saved if all 16 deductions considered by the Parks Commission were taken. Lambert said $1.7 million; however, there would be program impacts if this were done. The recommended deductions represent hours of work by the Parks Commission to contain costs while preserving quality and utility. The deductions and alternates bring the square footage back down close to the original plan. Aho noted people would want to know why the increased costs were not included in the referendum in the first place. Lambert said there needs to be some flexibility unless the City wants to spend tens of thousands upfront for architectural drawings prior to voters' approval of a project. Young said a 30% increase is a lot. Case said residents would expect a good facility. After discussion, Council delayed its vote and directed Staff to prepare a visual schematic of the building as recommended by the Parks Commission, with the alternates indicated by color; and a second schematic of what the building would look like if all 16 deductions were taken for Council's consideration at the next meeting. Butcher withdraw her motion and Case his second. 3. Community Center Third Rink Lambert said the budget for the third rink increased from$3.1 million to $3.4 million due to increased electrical and materials costs. The Parks Commission approved the design for a bare-minimum rink, recommending the additional $300,000 come out of general funds rather than the CIP. Neal said the general fund might not be the best choice but options could be explored. Lambert said raising user fees or extending the revenue bonds from 20 to 25 years could also be options. Aho asked how the Hockey Association fundraising is going. The Hockey Association noted it raised $160,000 in the first phase of member fundraising, thanks in part to a$100,000 matching gift. The second phase, CITY COUNCIL MINUTES June 6, 2006 Page 7 soliciting business and major donor gifts, is going well and the Association is very optimistic. Case noted this is the full enclosed version of the rink and he would rather see the project scaled back to a roofed rink or even just a refrigerated sheet with footings than not have a third rink at all. Lambert said the outdoor refrigerated sheet, plus electrical buildings and team rooms, was estimated at$700,000. The cost for a roofed but not walled facility was $2.7 million, only a$400,000 difference from the enclosed facility estimate. These options are retained if the Council approves the concept design. MOTION: Butcher moved, seconded by Case, to approve the concept design for a third rink addition subject to the Hockey Association providing $1,000,000 toward this project. Motion carried 5-0. 4. Wading Pool Feasibility Study Lambert said the Parks Commission expressed concerns about the conclusions of the wading pool feasibility study, which evaluated the extent to which a wading pool with toilets, concessions, shade, a large deck space, and an 18-inch zero-depth wading pool with play structure and spray elements could cover its own costs. While the study concluded the pool could pay for itself in 12 years, this finding was based on a standard formula for the upper Midwest and the demographic breakdown. There are no comparable wading pools that do not have an outdoor pool associated with them. Some Commission members also wanted to evaluate usage at Round Lake beach when it re-opens to see if a wading pool is needed. The community center design will leave room on the site and extend piping so the project can be revisited at any future time. MOTION: Aho moved, seconded by Young, to accept the Feasibility Study for the Wading Pool at the Community Center, and table any decision on this project until after bids are let for the Community Center expansion. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Sin0etree Lane & West 78th Street Preliminary Desisn Neal reported he had met with General Growth and the Chamber of Commerce, and neither sees a problem with the existing intersection. Staff recommends tabling the motion to allow General Growth time to have their own engineering consultant look at the intersection. Dietz noted the potential development of the MTI site is concerning,but the realignment would likely be beneficial to them over what exists now. General Growth is paying for the consultant and City Staff will be included in the discussion. CITY COUNCIL MINUTES June 6, 2006 Page 8 MOTION: Case moved, seconded by Aho, to table indefinitely the proposed contract with SRF to provide preliminary design services for the realignment of Singletree/West 781h Street. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Purchase of New Mid-mount Aerial Fire Truck Assistant Fire Chief Koering said the CIP budgeted an aerial apparatus for this period. The low bid came in under the budgeted amount($800,000) with good value on the trade-in. This new vehicle will replace current truck Ladder 1, purchased in 1989. MOTION: Butcher moved, seconded by Case, to approve purchase of new mid mount aerial (fire truck) from E-One Manufacturing in the amount of$783,850. Motion carried 5-0. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Young, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:17 p.m.