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City Council - 09/05/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5, 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, Economic Development Director David Lindahl, Parks Staff Stu Fox, and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item on the summer concert series and an item on Lake Development to Reports of Councilmembers. MOTION: Young moved, seconded by Butcher, to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 15, 2006 MOTION: Aho moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 15, 2006 MOTION: Butcher moved, seconded by Aho, to approve the City Council minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES September 5, 2006 Page 2 VII. CONSENT CALENDAR A. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT FOR LOTS 1 THROUGH 8, BLOCK 1; LOTS 1 THROUGH 4, BLOCK 2; LOTS 1 THROUGH 3, BLOCK 3; LOTS 1 THROUGH 4, BLOCK 4; AND OUTLOT B, COUNTRY GLEN B. APPROVE AGREEMENT WITH HENNEPIN COUNTY FOR INTERSECTION IMPROVEMENTS AT CRESTWOOD TERRACE & PIONEER TRAIL, I.C. 06-5684 C. ADOPT RESOLUTION NO. 2006-105 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE LONE OAK CENTER TRAFFIC SIGNAL, I.C. 06-5675 D. APPROVE BID FROM ODESSA II FOR CONSTRUCTION OF EDENBROOK NATURE TRAIL AND BOARDWALK PROJECT E. AUTHORIZE SUBMISSION OF PERMIT APPLICATION FOR 2006-2007 WINTER SEASON USE OF THE LRT TRAIL F. AWARD BID FOR CARMEL PARK TENNIS COURT RESURFACING TO DERMCO-LAVINE CONSTRUCTION G. DUNN BROS. SUBLEASE/SMITH DOUGLAS MORE PROPERTY— 8107 EDEN PRAIRIE ROAD Young pulled item G for discussion questioning the renegotiation of the lease, as he thought its terms were conditional to the original agreement. Lindahl said the intent was to keep the same lease conditions,but Dunn Bros might want to negotiate the terms. Young asked if Dunn Bros had informed the City of such intent, and Lindahl said no. MOTION: Case moved, seconded by Young, to approve Items A-G on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. JOINT HRA & CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT— SUPERIOR OFFICE CENTER PROJECT (FORMER PHYSICAL ELECTRONICS) (Resolution No. 2006-106) Neal explained the purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the former Physical Electronics site in the Golden Triangle Area. If the TIF Plan were approved, a total of $728,204 in pay-as-you-go TIF would be provided to United Properties over a CITY COUNCIL MINUTES September 5, 2006 Page 3 fifteen-year term. The TIF Plan calls for a fifteen-year Pay-As-You-Go Redevelopment District with up to 80% of the increment provided or no more than $728,204 to offset qualified costs (demolition) and the balance (about $400,000) to be pooled by the City to help pay for future transportation improvements in the Golden Triangle. Rosow said changes to the agreement had clarified the City's expectations should the property be sold. Developers in the market have used management transfers to avoid triggering a real estate sale. In this agreement, such a transfer would trigger repayment of TIF. The only allowable transfer would be to an affiliate, as defined as an entity at least 80% owned by the developer. Selling to employees would also be restricted under the terms of the agreement unless the developer were to get City consent. The developer asked for language indicating consent for sale would not be "unreasonably withheld"but the City did not grant this request as it creates legal difficulties. Whenever TIF is used, the expectation is that TIF assistance is needed for the project to go forward. Butcher asked Rosow to explain the pay-as-you-go aspect for the education of residents. Rosow explained properties generate additional taxes once developed, and TIF helps this development occur in cases where it would not be feasible "but for" TIF (the "but for" test). On a pay-as-you go plan, the City pays up to 80% of the TIF. If the project should depreciate, the City only pays the 80%,reducing risk should the property valuation change. The funds are drawn from the property in question, not the general tax rolls. Butcher noted the Eden Prairie Center mall development was an example of successful use of TIF. MOTION: Case moved, seconded by Young, to close the City Council Public Hearing and adopt Resolution No. 2006-106 relating to Redevelopment Project Area No. 6 and Tax Increment Financing (Redevelopment) District No. 20; and approving a Project Plan and Tax Increment Financing Plan therefore. Motion carried 5-0. B. SUPERIOR OFFICE CENTER by United Properties. Request for: Guide Plan Change from Industrial to Office on 10.36 acres, Planned Unit Development Concept Review on 10.36 acres, Planned Unit District Review with waivers on 10.36 acres, Zoning District Change from I-2 to Office on 10.36 acres, Site Plan Review on 10.36 acres and Preliminary Plat of 10.36 acres into one lot. Location: 6509 Flying Cloud Drive. (Resolution No. 2006-107 for Guide Plan Change; Resolution No. 2006-108 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2006-109 for Preliminary Plat) Neal noted this is the property for which TIF was just approved. The Planning Commission voted 5-2 to recommend approval of the project at the July 24, 2006 meeting with a condition that the plans use more rainwater gardens-infiltration basins. The Commissioners voting against the project indicated the architecture CITY COUNCIL MINUTES September 5, 2006 Page 4 should be more detailed and that industrial should be retained as a land use to help balance traffic. Jeremiah said the developer had agreed to incorporate rainwater gardens, which are on the revised plans. The developer also refined the architecture to add dimension, including windows, columns, and brick trim around the windows. Aho asked about traffic impacts versus industrial use. Jeremiah said City traffic engineers found there would actually be reduced traffic versus the original industrial use because the building is smaller, so no detailed traffic study was done. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2006-107 for Guide Plan Change from Industrial to Office on 10.36 acres; adopt Resolution No. 2006-108 for Planned Unit Development Concept Review on 10.36 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres; adopt Resolution No. 2006-109 for Preliminary Plat on 10.36 acres into one lot; direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and approve and Authorize Issuance of a Grading Permit for Superior Office, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5, as approved by the City Council. Motion carried 5-0. Case inquired how this development would effect ongoing evaluation of the City's storm water runoff—would the City receive allowances in the evaluation model for capturing water in NURP ponds and rainwater gardens, or would the City be penalized for having more impervious surface? Dietz said the project would result in a net gain. The model is being examined for accuracy, as the impacts on storm water runoff are not always intuitive. For example, in the case of phosphorus, a cornfield may have more impact on water quality than a development. C. MITCHELL CROSSING by Henry Lazniarz. Request for: Planned Unit Development Concept Review on 3.098 acres, Planned Unit Development District Review with waivers on 3.098 acres, Zoning District Amendment within the Community Commercial Zoning District on 3.098 acres, Site Plan Review on 3.098 acres and Preliminary Plat of 3.098 acres into one lot and one outlot. Location: Highway 5 and Mitchell Road. (Resolution No. 2006-110 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2006-111 for Preliminary Plat) Neal said the proposed plan includes two buildings. Building one is four stories with 7,000 square feet of retail on the first floor and 27 units above. Building 2 is four stories and 32 units. The project requires waivers for floor area ratio from .40 to .58, front yard parking setback along Mitchell Road from 35 feet to 10 feet, front yard structure setback from 35 feet to 17.5 feet along Cochran Road, and building height from 40 feet to 56 feet. Twenty-seven of the proposed units will be affordable units CITY COUNCIL MINUTES September 5, 2006 Page 5 The planning Commission voted 7-0 to recommend approval of the project at the August 14, 2006 meeting. Tyra-Lukens asked about the proposed sign on top of the building. Jeremiah said the sign required a variance and was not approved. Case asked if the affordable units were subsidized. Jeremiah said they are one-bedroom units and qualify as affordable without any subsidy or incentive. The City will still get credit for them as affordable units. Tyra-Lukens asked the price range of the other units and Jeremiah said $250,000 to $300,000. MOTION: Case moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-110 for Planned Unit Development Concept Review on 3.098 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Community Commercial Zoning District on 3.098 acres; adopt Resolution No. 2006-111 for Preliminary Plat on 3.098 acres into 1 lot and 1 outlot; direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and Approve and Authorize Issuance of a Grading Permit for Mitchell Crossing, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5, 2006, as approved by the City Council. Motion carried 5-0. D. McDONALDS RESTAURANT by Wilkus Architects. Request for: Planned Unit Development Concept Review on 1.07 acres, Planned Unit Development District Review with waivers on 1.07 acres, Zoning District Amendment in the C- Regional Service zoning district on 1.07 acres, Site Plan Review on 1.07 acres. Location: 598 Prairie Center Drive. (Resolution No. 2006-112 for PUD Concept Review, Ordinance for PUD District Review) Neal noted McDonalds wants to change its exterior and build new signs. Some waivers were granted for signs. The Planning Commission voted 7-0 to recommend approval of the project at the August 14, 2006 meeting. Tyra-Lukens said the project carries the theme established by the bus station and the mall and should fit in well. She asked for clarification on the sign waivers. Jeremiah explained that while one sign is larger than allowed, the total sign area is much less than the limit. Butcher asked if the "arch" counts as a sign. Jeremiah said signs compromise the area around the letters. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; adopt Resolution No. 2006-112 for Planned Unit Development Concept Review on 1.07 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the Commercial Regional Service Zoning District on 1.07 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES September 5, 2006 Page 6 IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, 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 A. 16850 DUCK LAKE TRAIL APPEAL Neal said this item was continued from the last meeting. Staff recommended a correction of a tall grass violation, which the property owner appealed. In response, Staff met with Council members on the site and has prepared a recommendation. Fox noted the tall grass ordinance is enforced on a complaint basis, and there have been several complaints about this property and several visits by Staff. The area was viewed as a native plant landscaping area under City ordinance, which requires a 20-foot buffer from the right-of-way. A July 24t' notice indicated which areas to mow and included a directive to remove noxious weeds. Tyra-Lukens noted the property owner was not present though he was aware of the hearing. Rosow said the Council could choose to uphold Staff,reverse their decision, or adjourn the hearing until a later date if the hearing is determined to be more complicated than time allows. Tyra-Lukens said her impression was of an attempt to create an attractive prairie landscape that had gotten out of control. Neighbors drove by during her visits and commented both in favor and against the planting. Butcher said safety is an issue as the plantings obscure sightlines for bikers and walkers. There are nice flowers in the plantings but also weeds. Case favored upholding the ruling but advocated evolving the tall grass ordinance over time as new community consensus emerges as to what is acceptable. If this basic native prairie concept were used without the thistles, without the lilac bush that obscures sightlines, and with some kind of border, it might have been acceptable to the community. He suggested having City Staff work with the property owners to create something more acceptable next summer, and having the Conservation Commission look at the tall grass ordinance. Neal said Staff had noted Council concerns about the lilac bush and would take action as a separate matter. Young asked for clarification of the property owner's statement this was an award-winning garden. Butcher said the award was for last year and included the back yard. Case suggested empowering Staff to mow but suggested they might still be able to negotiate with the property owner with Council's support behind them. Because this is a corner lot, a great deal of the area is affected by the ordinance. Neal requested a short negotiation period, as negotiations with the property owner have already been extensive. CITY COUNCIL MINUTES September 5, 2006 Page 7 MOTION: Case moved, seconded by Butcher, to deny the appeal and uphold Staff's decision to mow the tall grass as 16850 Duck Lake Trail and to remove noxious weeds, subject to further negotiation with the property owner not to exceed 30 days. Motion carried 5-0. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. MEETING SCHEDULE FOR FLYING CLOUD AIRPORT ADVISORY COMMISSION Neal explained the Commission was established with a quarterly meeting schedule. However, the Commission finds that too much time is needed to review items because of the gap between meetings. The Commission Chair and Staff liaison to the Commission request Council change the schedule to bimonthly (every two months). Neal supported the request. MOTION: Butcher moved, seconded by Aho, to establish a bi-monthly [every two months] meeting schedule for the Flying Cloud Airport Advisory Commission beginning in November 2006. Motion carried 5-0. XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Summer Parks Concert Series Tyra-Lukens commended the City's two summer parks concert series. Over 4,500 people attended concerts at Staring Lake (including 3,000 for the Eden Prairie Players presentation of Oliver!). About 492 people attended the eight concerts of the Purgatory Creek eight-concert series, which is a significant increase from the initial launch of the series last year. 2. Lakeside Development Tyra-Lukens asked Staff to explain the status of the Lakeside Development project in Chanhassen, which abuts Bearpath. Citizens are confused about the City's power to act and how the City will monitor any encroachment. Neal said he had been in contact with the Chanhassen city manager and been told there was no final action on the proposal. Lambert said Parks Staff would be walking the proposed trail alignment and establishing clear property stakes every 50 to 100 yards to discourage encroachment and make violations easy to spot. The trail alignment should only require the cutting of two small pine trees and some trimming. CITY COUNCIL MINUTES September 5, 2006 Page 8 Staff will inspect during trail construction and stake the center line of the trail. Tyra-Lukens asked if Eden Prairie would be notified of any action on the proposal by Chanhassen. Neal said their City Manager would update him. Case noted the project actually has been approved contingent that all earth removal and grading be done within Chanhassen city boundaries. B. REPORT OF CITY MANAGER 1. Certification of Proposed Tax Levy (Resolution No. 2006-113) Neal noted statute requires the City to certify the maximum tax levy and set a date for a Truth-in-Taxation hearing on a specific annual timetable. This requirement remains even when the City is using a biennial budgeting process. As noted in the June 20"'Council Workshop, the approved 2007 budget contains a 6.2% increase in the general fund and a 7.6% increase in the tax levy. The tax impact on a median home ($362,000) would be a 3.29% increase. Today's action sets a maximum tax levy, which can still be adjusted downward at the Truth in Taxation hearing. Kotchevar noted some minor changes. The general fund budget would increase 5.7%. The debt levy would increase 14.5% due to investments in the new fire station, new fire trucks and transportation. The rest of the budget is about the same. There was a very small change in the tax impact since the June 20"'meeting after the city assessor's update. The median home would see an increase of 3.29%, or$34. MOTION: Young moved, seconded by Case, to adopt Resolution No. 2006-113 that certifies the proposed 2007 property tax levy to be $31,086,333; sets the "Truth-in-Taxation"public hearing for Monday, December 4, 2006 and, if necessary, to reconvene the public hearing on Tuesday, December 11, 2006; accepts the proposed 2006 budget of $39,061,316; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. Council agreed to reschedule the Tuesday, December 5 Council meeting to Monday, December 4 so that both meetings could be held the same evening. 2. Establishment of the City Manager's Business Advisory Committee Neal said he was proposing to implement an idea for a City Manager's Business Advisory Committee, first presented at his June performance review. The concept is to incorporate the expertise of Eden Prairie's business sector. Neal said he had not been able to find successful models CITY COUNCIL MINUTES September 5, 2006 Page 9 for such a committee in other cities,but had examined a similar business advisory team convened by Eden Prairie Schools Superintendent Melissa Krull. Young said he recalled the discussion but had been hoping for more detail on how Krull's team was structured, the issues discussed and whether the team's recommendations were implemented to help judge the success of the effort. Tyra-Lukens asked if Neal could provide a job description of Krull's team and further details. Neal said Krull did not have formal job descriptions for the group. It has been in place for about a year and met about three times. Topics have included policies for student internships as well as input on the school's new investment policy and the advisability of drawing down the balance. Krull considered the group's advice valuable in determining what to recommend to the school board. Young said more information is still needed about the steps and specifics. The Council appears to be out of the loop under this model and it is hard to determine how formal the group would be. Neal said he would have a more formal group than Krull had and noted Krull also planned to add more structure next year. . Aho said his original vision was for a budget task force that would operate for a limited time frame and report to the Council. The Council should have a role in selecting members. Neal said he would welcome Council assistance in recruiting and suggesting potential members of the committee. Butcher favored establishing the group—the City has had similar groups before, and it is a good use of"community capital." The business community is quite willing to share its expertise. Butcher said she trusted Neal to make the appointments. Case said there could be several roles for such a group. Krull's group seems to give her personal feedback and educates community members. An advisory committee that served a formal role as a check and balance in the budgeting process, however, would be usurping Council's job to scrutinize the City budget and operations. Case supported having Neal develop the group and charge it to examine a few select issues. The effort could be formalized if it is useful. Young said he was less concerned with committee selection than with Council's lack of involvement in directing the committee's work. Neal said he wished he could find a successful city-based model to replicate. Some cities have had budget task forces that have ended up functioning as proxy City Councils and created dissent with the main Council. Butcher said the main concern seemed to be having a stronger Council role, which CITY COUNCIL MINUTES September 5, 2006 Page 10 could be included in the proposal. Neal noted he works for the Council and would not ignore Council's advice on what issues to study. Tyra-Lukens said Council should approve the committee and get started rather than over-engineering it. She supported an advisory committee rather than a task force, with a big pool of members who could be called upon for different tasks. Butcher said using this expertise would build goodwill and make connections. MOTION: Butcher moved, seconded by Aho, to approve the establishment of the City Manager's Business Advisory Committee. Young expressed concern Council has no role. Neal said the committee would be charged to assist him with examining the operations of the City, which is his responsibility. He would seek Council's advice on recruitment and scope of work and share work products with the Council. Tyra-Lukens said Council should not select committee members to avoid becoming mired in a political process that would be detrimental to the Council. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Park Plan Lambert noted Birch Island is one of Eden Prairie's oldest parks, and one of the least developed. Council recently approved a trail plan providing safe pedestrian and bike access to the park, which was one perennial concern of neighbors. After neighborhood meetings and public hearings, there is clear neighborhood consensus that the vehicle entry also needs to be relocated for safety, and that most of the park should be kept natural. The current plan calls for relocating the entrance farther south, which will require 12-14 feet of fill, paving the lot, and adding a small playground with sun shelter. Doing the project at the same time as Round Lake Park will permit fill from Round Lake to be used for the entrance ramp, saving costs for both projects. Resident Grayson Tuck of 6317 Creekview Lane opposed development in the park, citing its natural beauty. Lambert said this is minimal development. The playground will be very small, like those in the miniparks, with a 10 by 20-foot shelter and a paved drive and lot. Lambert said the City tries to serve all residences with a playground within 1/2 mile, but that is not true for this neighborhood at present. Young families will appreciate the playground. There could be some additional impactsa NURP pond is planned to the south, and there are only 17 acres in the park CITY COUNCIL MINUTES September 5, 2006 Page 11 that are not floodplain. However, the development will not touch any archaeological sites and will leave most of the park unchanged. Butcher asked if the Parks Commission had reviewed the plan. Lambert said they approved the plan 7-0. Several residents attended the hearing, mostly to discuss safe access. Case said he agreed with Tuck on keeping the area natural and simple but noted all residents have a right to benefit from parks. MOTION: Case moved, seconded by Butcher, to approve the revised concept plan for Birch Island Park dated August 7, 2006. Motion carried 5-0. 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: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:47 p.m.