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City Council - 07/18/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 18, 2006 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case and Philip Young STAFF MEMBERS: 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. Councilmember Young was absent. Neal explained this meeting is not being broadcast to the public this evening because Staff is in the process of upgrading the audio and video system. This meeting will be broadcast at a later date. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION ON LIQUOR STORE REMODELING PLAN Neal explained that Sue Kotchevar, Chief Financial Officer, will present the remodeling plan for the City's liquor store located on Den Road. The City currently operates three liquor stores and the store on Den Road is owned by the City while the other two are leased. The City was given the opportunity to acquire additional square footage at the Den Road store and Kotchevar has been working with a consultant on developing a plan to improve this store. Kotchevar presented a brief overview of the existing store informing the Council of how the liquor store is currently operating. She presented an overview of the proposed floor plan adding 1,788 square feet to the store. The proposed design adds a wine tasting area and provides an opportunity for better store signage and a new cash rack with four registers. Kotchevar also reviewed with the Council the proposed changes to the front of the store and provided the detailed design elements. City Council Meeting July 18, 2006 Page 2 Tyra-Lukens explained tax dollars will not be used to remodel the liquor store but revenue generated from the sale of liquor will be used. These improvements will increase the store's revenue which goes into the Capital Improvement Plan and benefits all Eden Prairie residents. Butcher asked how these improvements to the front of the store will be incorporated into the Hollywood Video design located next door since the City owns the entire building. Kotchevar responded they have not specifically addressed that at this time but plan to make both stores consistent in appearance. Neal explained the Council is being asked to authorize Staff to proceed with the plans and specifications for the Den Road Liquor Store remodel project, to authorize hiring of an architect and to authorize bidding for the project. The bid results will be brought back to the City Council for final approval. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added two items under Reports of Councilmembers; award received by the City and dog park. Case said he has several items he would like to discuss under Reports of Councilmembers. MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried, 4-0. VI. MINUTES A. OPEN FORUM/OPEN PODIUM HELD TUESDAY,JUNE 20, 2006 MOTION: Aho moved, seconded by Case, to approve the Open Forum/Open Podium minutes of June 20, 2006, as published. Motion carried, 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 20, 2006 MOTION: Case moved, seconded by Aho, to approve the June 20, 2006, City Council meeting minutes as published. Motion carried, 4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 28.11 acres and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres, Resolution for Site Plan Review. Location: Charlson Road and Highway 212 (Ordinance No. 18-2006 for 13-2006 PUD District Review with waivers and Zoning District Change, Resolution No. 2006-85 for Site plan Review) City Council Meeting July 18, 2006 Page 3 C. ADOPT RESOLUTION NO. 2006-86 APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO. PW 18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CO. ROAD 4 SOUTH OF CO. ROAD 1, I.C. 5566 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC. FOR CONCEPTUAL PLANS FOR RECONSTRUCTION OF DELL ROAD E. ADOPT RESOLUTION NO. 2006-87 AUTHORIZING ACQUISITION OF TAX FORFEITED LANDS F. AWARD BID FOR LOWER PURGATORY CREEK NATURE TRAIL CONSTRUCTION G. APPROVE AGREEMENT WITH LHB, INC. TO CONDUCT INSPECTIONS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 81101 8100 AND 8108 EDEN ROAD H. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110, 8100 AND 8108 EDEN ROAD I. APPROVE AGREEMENT WITH LHB, INC., TO CONDUCT A BUILDING INSPECTION AT 7505 FLYING CLOUD DRIVE J. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS FOR 7505 FLYING CLOUD DRIVE K. AUTHORIZE NEXT STEPS FOR DEN ROAD LIQUOR STORE PROJECT INCLUDING HIRING AN ARCHITECT AND BIDDING DEN ROAD LIQUOR STORE REMODEL PROJECT L. ADOPT RESOLUTION NO. 2006-88 AUTHORIZING AGREEMENT FOR SAFE & SOBER GRANT M. ADOPT RESOLUTION NO. 2006-89 AUTHORIZING THE CITY OF EDEN PRAIRIE TO CONSENT TO TRANSFER OF THE PARK AT CITY WEST APARTMENTS FROM PARK AT CITY WEST LIMITED PARTNERSHIP TO PACW EDEN PRAIRIE LLC N. APPROVE THIRD AMENDMENT TO THE HOLLYWOOD VIDEO LEASE MOTION: Butcher moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried, 4-0. City Council Meeting July 18, 2006 Page 4 VIII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF HILLTOP STREET AND STORM SEWER IMPROVEMENT SPECIAL ASSESSMENTS (Resolution No. 2006-90) Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and sent to 26 property owners. The special assessment hearing is for the street and storm sewer assessment portion of Hilltop Road improvements authorized by the Council on May 2, 2006. Al Gray, City Engineer, reported Staff did hold an informational meeting with the neighborhood and gave the residents an opportunity to express their feelings on the assessment. John Hansen, 16200 Hilltop Road, clarified the improvements are to be made to the street of Hilltop Road. MOTION: Butcher moved, seconded by Case, to close the public hearing and adopt Resolution No. 2006-90 approving the Hilltop Road street and storm sewer improvement special assessments. Motion carried, 4-0. B. AMENDED TAX INCREMENT FINANCING PLAN AND AN AMENDED PROJECT MANAGEMENT AGREEMENT—PRAIRIE VILLAGE REDEVELOPMENT PROJECT (Resolution No. 2006-91) Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current. The HRA proposes to amend the tax Increment Financing Plan for its TIF District No. 10 to increase the total amount of tax increment expenditures from TIF District No. 10. These increased tax increment expenditures will provide for the payment of previously incurred public improvement costs of the developer of the Prairie Village development. In return, the developer will agree to continue to offer the reduced rents that are currently in place at Prairie Village pursuant to an interest rate reduction program, notwithstanding the termination of such program this year. Neal pointed out the HRA did adopt a Resolution earlier this evening amending the TIF Plan and amending the Project Management Agreement. MOTION: Case moved, seconded by Aho, to close the public hearing and adopt Resolution No. 2006-91 approving the amended tax increment financing plan and an amended project management agreement. Motion carried, 4-0. C. VACATION OF PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2, BLOCK 1, GRAY FOX BLUFF, VACATION 06-05 (Resolution No. 2006- City Council Meeting July 18, 2006 Page 5 Neal reported official notice of this public hearing was published in the June 29 Eden Prairie Sun Current and three property owners were notified. The property owner has requested the vacation of the public roadway easement to facilitate replatting the property to The Preserve at Edenvale, approved by the Council on December 5, 2005. MOTION: Aho moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2006-92 vacating the public roadway easement over part of Lot 2, Block 1, Gray Fox Bluff. Motion carried,4-0. D. WOODLAND 2ND ADDITION by Tom Robertson, Request for: Preliminary Plat of 27,979 square feet into one lot. Location: 6983 Woodland Drive. (Resolution for Preliminary Plan) Neal explained official notice of this public hearing was published in the July 6 Eden Prairie Sun Current and sent to 80 property owners. This is a preliminary plat of.64 acres into one lot in order to build a single-family home. This lot is part of the Woodland Addition which was approved as a replat of Edenvale 3rd Addition and consists of 57 single-family residential lots and two outlots. Outlot A was originally approved as private open space with ownership by the Edenvale Homeowners' Association, which no longer exists. Since the Association no longer exists, a judge released the private open space covenants recorded on the property. Jeff Strate, 15021 Summerhill Drive, explained he lives in this neighborhood and is not opposed to this project, However,he does have some questions he would like clarified before the Council considers approval of this request. Originally, this area was planned to be open space as part of the Edenvale PUD. He questioned how Outlot A differs from the outlot the City intends to acquire. Strate said there are also concerns with keeping Bent Creek as a golf course which is part of the PUD as is Outlot A. He indicated there may be some legal issues. Dietz explained the primary difference between these outlots is that the property was acquired from Edenvale Land Corporation. The outlot Strate is referring to had been transferred to the Homeowners' Association which no longer exists. This outlot went tax forfeited and during that process the City had the option to acquire it for municipal use. At the time the City did not need additional park space in that area and did not acquire it. This outlot is now in private ownership. Case pointed out even though Outlot A is privately owned, so is Bent Creek Golf Course and both parcels had been pre-guided as open space. Case said they may be setting a precedent by taking a piece of land that had been designated as open space and now choosing to sell it off for development. He questioned how this would be different from what Bent Creek could do. Rosow explained when this proposal came into the City, it was noted the development would be subject to a Declaration of Covenant and conditions. Staff City Council Meeting July 18, 2006 Page 6 encouraged the applicant to not consider applying until these issues were resolved. Rosow said he has not had the opportunity to review this request and asked for additional time to do so and to discuss further with City staff. Case asked if it would be possible to table this item. Rosow indicated this item could be tabled and still be within the 60-day requirement. MOTION: Butcher moved, seconded by Case, to close the public hearing and to continue discussion of this item to the August 1 meeting. Motion carried, 4-0. E. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION By Southwest Metro Transit Commission. Request for: Planned Unit Development Concept Review on 10.1 acres, Planned Unit Development District Review with waivers and Zoning District Amendment in the I-2 Zoning District on 10.1 acres, Resolution for Site Plan Review on 10.1 acres. Location: 14405 62nd Street West. (Resolution for PUD concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Neal reported the applicant has requested this item be continued to the August 15 City Council meeting. The plans need to be revised based on soil conditions and costs. MOTION: Case moved, seconded by Butcher, to continue the public hearing to the August 15, 2006, City Council meeting. Motion carried, 4-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case and Tyra-Lukens voting "aye". X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR/REPLACEMENT Neal explained the City serves approximately 18,000 utility customers with water and sewer service. For the past four years, staff and contractors have been converting the method of meter reading from a walking route system to a radio read system. There are about 180 customers that have not responded to repeated attempts to allow entry into their homes for the conversion process. Staff is not proposing to utilize "shutting off of service" at this time. However, as they reviewed their options with the City Attorney's office, they discovered a flaw in the Ordinance. The current Ordinance allows shutting off or discontinuing service for violation of City Code relating to the connection, failure to pay and for City Council Meeting July 18, 2006 Page 7 fraud/misrepresentation. The proposed Ordinance will also allow discontinuance of service for failure to allow meter service and repair/replacement. MOTION: Butcher moved, seconded by Aho, to approve the first reading of an Ordinance amending City Code Section 3.05 regarding discontinuance of municipal utilities for failure to allow meter service and repair/replacement. Motion carried, 4-0. B. RESOLUTION NO. 2006-93 IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS Neal reported Livable Communities Demonstration Account (LCDA) funding is being requested to offset eligible costs relative to Phase I of the town center redevelopment in the southwest quadrant of Hwy. 212 and Singletree Lane. Jeremiah stated Staff discussed with the Council the priority of the major center area and the town center as part of the Comprehensive Plan Update. They now have the opportunity to jump start the Town Center Redevelopment. A developer has a purchase agreement on five parcels and three buildings have been determined substandard. Staff has had an opportunity to do some of the financial analysis on the proposed redevelopment of mixed use and structured parking. On behalf of the City, a consultant is working to coordinate the plans to make sure they work together. Jeremiah indicated this is a wonderful opportunity to work with an expensive site. However, there does appear to be a gap in funding which TIF could potentially fill. In the meantime, Staff has submitted a request for $2,045,000 of funding from LCDA for this project to offset some of the expenses. Staff is requesting authorization to submit the application along with the Resolution. Jeremiah pointed out this application does not authorize the project, a particular design, or tax increment financing. The City is in no way obligated to approve anything with this current application. Aho questioned the total of the grant they can apply for in terms of monetary value. Jeremiah answered the total grant is for $8.8 million. They have applied for $2,045,000. The largest grant that has been previously awarded was for$2.5 million. This request is very much in keeping with the livable communities' concept. Case reported he and Butcher, along with City staff and the Planning Commission, toured four different community town center areas. He found it amazing as to what can be done for a major center area and this request is a good beginning for this project. Butcher said it was nice to see what other communities have done. MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2006-93 identifying the need for Livable Communities Demonstration Account funding and authorizing an application for grant funds. Motion carried, 4-0. City Council Meeting July 18, 2006 Page 8 XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS ON ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. MONEY Magazine Ranking of Eden Prairie—Mayor Tyra-Lukens Tyra-Lukens announced Eden Prairie has been ranked Number 10 on MONEY Magazine's annual list of"America's Best Places to Live". She stated she personally feels Eden Prairie is a fabulous City to live in. They have received other awards but this award means more because it looks at the entire picture and takes a balanced approach. On behalf of the City Council and Staff, Tyra-Lukens expressed her thanks to the entire community in making Eden Prairie a great city. She thanked the schools, businesses, City staff, groups and organizations, elected leaders including those at the State level and all of the residents in the City and all others who have worked with them. Tyra-Lukens said this award says they are doing something right in Eden Prairie. 2. Doi Park—Mayor Tyra-Lukens Tyra-Lukens explained they did dedicate the City's newest dog park this evening. It is located at Staring Lake and is almost six acres in size. Tyra- Lukens expressed her appreciation to Cheryl Luce and Libby Hargrove for their work in getting this dog park opened. She also expressed her appreciation to former Councilmember Jan Mosman who took the dog park issue on. 3. Bearpath Outlot Fence and Trail— Councilmember Case Case said it has been determined the City owns the outlot located by Bearpath but it has not been officially transferred. Case pointed out this now gives the City control of this 40-foot outlot. He indicated there is a black chain link fence that runs along that outlot is filled with Virginia creeper and serves as a screen. He suggested they ask the developer to keep the fence as is. Case said he also suggests they include in the Developer's Agreement that the developer construct a trail and the City will have complete control over where that trail will be located. It appears the trail can be constructed without the removal of any trees. Case said he is not requesting any action this evening but would ask City Council be allowed to provide input on the placement of the trail. City Council Meeting July 18, 2006 Page 9 4. Prospect Road—Councilmember Case Case asked if it would be possible for Staff to provide the Council with a brief update on the status of Prospect Road. 5. Senior Center— Councilmember Case Case said recently he had the opportunity to attend an event at the Senior Center and it was brought to his attention that some of the windows need to be replaced. Replacement windows had been placed in the budget but were removed because of the 20-year pay back. He asked this item be reviewed by the Conservation Commission or they could look at the window replacements under a 5-7 year pay back. The library room is not usable during the winter months because of the draft. Neal pointed out Staff has been talking to the Conservation Commission about a number of City facilities and they are putting together a list of potential projects. They are also looking at alternative funding to accomplish emergency conservation projects. They will look at including this project in that listing. Case indicated it was also brought to his attention that the Seniors are now required to carry water for quite a distance to water their garden. Case suggested a water faucet be added at the east end and he asked Staff to look into this. Case stated there is a Senior Board and he suggested the City Council meet with them annually or twice a year so they could address any questions and/or concerns the Board might have. 6. Helicopter Flight Path— Councilmember Case Case pointed out while walking along Pioneer Trail he noticed that several helicopters have been flying over the same flight path. There appears to be a Helicopter School at Flying Cloud Airport and he asked if the Flying Cloud Airports Commission could look at this patterned flying to see if it could be varied. 7. Lake Owners' Association— Councilmember Case Case said it was brought to his attention the Lake Owners' Association has expressed concern about water quality. He asked if it would be possible for the Council to have an update on how the City's lakes are this year and if there is an on-going problem. Neal explained Staff is proposing to devote an entire workshop to lakes and storm drainage on the second meeting in August. Case suggested the City Council Meeting July 18, 2006 Page 10 Lake Owners' Association be invited to this meeting so they can be informed as to what is happening with the City's lakes. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Hilltop Road Street and Utility Improvements Contract (Resolution No. 2006-94). Dietz reported bids were received on July 6. Four bids were received with Three Rivers Construction Company's bid of$591,483.49 being 25 percent below the estimated construction cost utilized in the feasibility study. MOTION: Aho moved, seconded by Butcher, to award the contract for Hilltop Road street and utility improvements to Three Rivers Construction in the amount of$591,483.39. Motion carried, 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINES XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried, 4-0. The meeting adjourned at 8:05 p.m.