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City Council - 12/19/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 19, 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 Roger Pauly and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:20 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens reordered the agenda, placing Report of the Parks and Recreation Director before the Reports of the City Manager and Councilmembers. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN HALL MEETING HELD TUESDAY, NOVEMBER 28, 2006 MOTION: Young moved, seconded by Aho, to approve the Town Hall Meeting minutes as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD MONDAY, DECEMBER 4, 2006 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 5-0. C. TRUTH IN TAXATION HEARING HELD MONDAY, DECEMBER 4, 2006 CITY COUNCIL MINUTES December 19, 2006 Page 2 MOTION: Butcher moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. D. CITY COUNCIL MEETING HELD MONDAY, DECEMBER 4, 2006 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Resolution for Site Plan Review on 1.48 acres. Location: 8577 Columbine Road. (Ordinance No. 30-2006 for PUD-20-2006 District Review with waivers and Zoning District Amendment, Resolution No. 2006-142 for Site Plan Review) C. LOCK UP STORAGE FACILITY by BRB Development. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres, Resolution for Site Plan Review on 2.11 acres. Location: 12995 Valley View Road. (Ordinance No. 31-2006 for PUD-21-2006 District Review with waivers and Zoning District Change, Resolution No. 2006-143 for Site Plan Review). D. APPROVE SECOND READING OF ORDINANCE NO. 29-2006 ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2006-144 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2006-145 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 4TH ADDITION F. ADOPT RESOLUTION NO. 2006-146 APPROVING FINAL PLAT OF HORIZON PLACE 2ND ADDITION G. APPROVE CHANGE ORDER NO. 1 FOR RECONSTRUCTION OF LIFT STATION NO. 2 (SUPERVALU) H. APPROVE SUBMITTAL OF DRAFT DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET FOR OAK CREEK AT HENNEPIN VILLAGE TO THE ENVIRONMENTAL QUALITY BOARD AND OTHER INTERESTED PARTIES FOR PUBLIC REVIEW CITY COUNCIL MINUTES December 19, 2006 Page 3 I. AWARD CONTRACT FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2007, I.C. 07-5689 J. ADOPT RESOLUTION NO. 2006-147 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR THE MITCELL ROAD/LONE OAK ROAD TRAFFIC SIGNAL, I.C. 06-5675 K. APPROVE CONSULTING SERVICES AGREEMENT WITH VIRCHOW KRAUSE & CO. TO PERFORM AN IT SERVICES ASSESSMENT OF THE CITY'S LOGIS SERVICES, I.C. 06-5675 L. APPROVE AGREEMENT TO PROVIDE WEB SITE SERVICES FOR THE CITY OF EAGAN M. AUTHORIZE EXPENDITURE OF $7,450 FROM THE 2007 CAPITAL IMPROVEMENT PROGRAM FOR SIGNS IN THE RICHARD T. ANDERSON CONSERVATION AREA N. ADOPT RESOLUTION NO. 2006-148 TO PETITION RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MITCHELL LAKE WATER QUALITY IMPROVEMENT PROJECT, I.C. 06-5679 O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING FOR TECHNOLOGY DRIVE STREETSCAPE, I.C. 07-5691 P. APPROVE HARDWARE MAINTENANCE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF INSTRUMENTATION SYSTEMS FOR THE WATER UTILITY Q. DECLARE OBSOLETE COMPUTER EQUIPMENT SURPLUS R. APPROVE THE AMENDED JOINT AND COOPERATIVE AGREEMENT WITH SOUTHWEST SUBURBAN CABLE COMMISSION S. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CHILDREN'S WORLD,A LOCAL CHILD CARE PROVIDER T. APPROVE FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR THE EAGLE RIDGE AT HENNEPIN VILLAGE 6Tx ADDITION MOTION: Young moved, seconded by Case, to approve Items A-T on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES December 19, 2006 Page 4 A. JOINT HRA AND CITY COUNCIL PUBLIC HEARING ON TAX INCREMENT FINANCING (TIF) PROPOSAL FOR WINDSOR PLAZA/ TOWN CENTER PHASE I (Resolution No. 2006-149) Neal explained the purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of a five-acre area located between Singletree Lane and Regional Center Drive along TH212 across from the Eden Prairie Center for a new mixed-use development to include about 137,000 square feet of office,retail, two restaurants, and a 437 space parking ramp, as well as a new Bobby & Steve's gas and service facility. Staff recommends the City Council consider creating a "pay as you go" Redevelopment District with a 25- year term and provide a maximum of$4,500,000 million to close the estimated financing gaps with the proposed project. Jeremiah said the Planning Commission recommends approval of the project at this time, though a public hearing still needs to be held before the Planning Commission. Details of the plan and the TIF proposal will come before the Council at the January 16a' meeting. The proposal is not binding until the Council approves the details. Jay Scott of Solomon Real Estate group and project architect Brian Hutz presented an overview of the project. A five-story building with first-floor retail capped by four floors of office space and flanked by two restaurants is the focal point of the project. The office building will have a lower-level parking ramp. A new Bobby & Steve's facility will be built in a similar style. Tyra-Lukens asked if both projects would be built concurrently and the developer said yes. COUNCIL MOTION: Young moved, seconded by Case, to close the City Council Public Hearing and adopt Resolution No. 2006-149 relating to Redevelopment Project Area No. 5 and Tax Increment Financing (Redevelopment) District No. 21; and approving a Project Plan and Tax Increment Financing Plan. Motion carried 5-0. B. PUBLIC HEARING FOR LAYOUT APPROVAL AND MUNICIPAL CONSENT FOR I-494/TH 169 AND TH 169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5549 (Resolution No. 2006- 150) Young exited the meeting. Neal noted Councilmember Young had recused himself from discussing or voting on this matter as his firm represents a client involved. Neal said that pursuant to State Statute Section 161.164, a public hearing is required for consideration of layout approval and municipal consent for the I-494 /TH 169 and TH 169 /Valley View Road interchange improvements. As required, a 30-day public notice was published on November 16, 2006 in the Sun CITY COUNCIL MINUTES December 19, 2006 Page 5 Current. Notices were also sent to property owners within the entire Golden Triangle area, as well as owners along West 78"' Street. An Open House was held on November 30, 2006 at Braemar Golf Course in Edina. Victoria Mill of the Minnesota Department of Transportation (MnDOT) gave an overview of the interchange project. The total budget is $116 million (not counting the cost of right-of-way), with the City portion being $3.1 million. At current funding levels, work would not begin until 2016, although the project could start as early as late 2008 with additional funding. The interchange project removes three signals from TH 169 as well as the northwest loop. Washington Avenue would be extended over a bridge. Computer models were used on the roundabouts to design the best flow and account for the large number of trucks in the area. MnDOT received public input throughout the process through hearings and also met individually with several businesses. Dietz said the project salvages key elements of the original bonding and will result in a much better intersection than before. Extending Washington Avenue over I-494 is a big benefit and the plan will also save the Valley View Road intersection from failure. Roundabouts are new in Eden Prairie but these have been expertly designed. Dietz noted both the City and MnDOT could make a final decision on right-of-way for trails at a later date, and emphasized the project cost could vary considerably depending on what year the work is done. Dietz noted the revised resolution contains language addressing the concerns of Douglas Corporation, which needs to get 62-foot trucks in and out of its facility. Douglas' request for an additional lane is probably not warranted, though the project will make other accommodations. The City is already committed to make radius improvements to the NE corner of Valley View Road and Shady Oak Road this summer. Butcher noted Douglas Corporation had concerns about the number of trucks as well as their size. She asked if any count had been made of trucks exiting the facility during rush hour. Dietz said Staff counted about 25-30 trucks entering and exiting, scattered throughout the day. Case asked if the roundabouts were critical to the design, and if the intersection could be converted back to signals. Dietz said the roundabouts are integral to the improvements at Valley View Road. Returning to signals would be extremely costly. Aho asked if Staff had tracked employee vehicle traffic as well. With the road changing from two lanes to four and without the signal to interrupt the flow of traffic, exiting the facility could be difficult. Dietz said Staff observed the shift change at approximately 5:30. The afternoon rush traffic is mostly outbound so there should be sufficient gaps, especially for passenger vehicles. CITY COUNCIL MINUTES December 19, 2006 Page 6 MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2006-150 approving the proposed layout for I-494/TH 169 and TH 169/Valley View Road interchange improvements, as outlined in the complete text of the resolution. Motion carried 4-0. IX. PAYMENT OF CLAIMS Young returned to the meeting. MOTION: Butcher 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 A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES Neal said this is an ordinance amending Chapter 4 to prohibit public nudity or partial nudity of persons within alcoholic beverage licensed premises. The intent is to fill a gap in the City Ordinance regarding this activity. MOTION: Aho moved, seconded by Butcher, to approve first reading of an Ordinance amending City Code Chapter 4 Section 4.07 relating to restrictions and regulations for liquor licensees and adopting by reference City Code Chapter 1 and Section 4.99 which among other things contain penalty provisions. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Case - Final Comments Case said he believed he had made a difference for residents during his time on the Council and sought to make government responsive to individuals. During this time, the Council blocked tolls,played a pivotal role in the smoking ban, terminated a City Manager and hired an excellent one, negotiated with the MAC on Flying Cloud Airport, and helped get affordable townhomes built. The City has a great tax base, diverse CITY COUNCIL MINUTES December 19, 2006 Page 7 housing stock, great parks, and low taxes. Case cautioned that Eden Prairie has not become a quality community by taking the cheapest path. Investments are still needed to create an art center,provide a third sheet of ice, maintain Bent Creek Golf Course as open space, support community theater and heritage projects, and to protect the City's air, water, and landscapes. Everyone wants lower taxes with no cuts in services,but when specific cuts are on the table,residents speak out in favor of their quality of life. Case thanked Staff and his family and said he would always find ways to serve. 2. Mayor Tyra-Lukens - Final Comments Tyra-Lukens said she believed Eden Prairie is the best City in the state. In recent years, the Council has seen Southwest Metro Transit grow into a premier agency, provided input to the LRT planning process, protected parks and open space, helped pass a parks referendum, seen Eden Prairie Center develop into a regional mall, and improved relationships with businesses. In fact, Eden Prairie has 13 of Minnesota's largest corporations, a number only exceeded by Minneapolis with 14. The City also added a capital improvement program, improved communications and public safety, and re-established a Conservation Commission. These many accomplishments have been made possible with Council oversight of Eden Prairie's consistently excellent staff. Tyra-Lukens expressed many hopes for the City, including the implementation of a pedestrian-friendly Major Center Area, the Elizabeth Ellet trail, a baseball stadium, the Veterans Memorial, the 20-40-15 plan, and a Community Center that makes residents proud. The City should also continue to be proactive in regional and legislative issues. Successful Councils put personal differences and political aspirations aside and have a shared vision for their City informed by broad community input. Tyra- Lukens thanked Staff, her supporters and her family. B. REPORT OF CITY MANAGER 1. 2007 Property Tax Levy, 2007 General Fund Budget, and 2007 HRA Tax Levy (Resolution No. 2006-151) Neal noted that on September 5, 2006, the Eden Prairie City Council adopted a resolution certifying the proposed 2007 City property tax levy. Calculations for the City showed the certified levy to be $31,086,333. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution of($1,369,663). Accordingly, the City's resolution shows a net levy of$29,716,670. According to state statute, the final levy amount must be certified to the county auditor by December 27, CITY COUNCIL MINUTES December 19, 2006 Page 8 2006. City Council adoption of the final levy and budget is needed to complete this process. Case said that despite assertions made by the Taxpayers Alliance, Eden Prairie property taxes are low both compared to other cities and to comparable homes in other states. Broadcasting unrealistic assessments of tax levels to realtors and the public could hurt property values. City budgets have grown at rates far below market gains and far below growth plus inflation. The City accounted for just 0.825% of the property tax increase this year. The Council has been fiscally responsible. Aho noted he had voted against the budget but acknowledged it is a two- year process. The Council did not adopt some feasible reductions. Performance is good but the Council needs to always look to lower costs and provide value. Butcher said many residents don't understand the city implicit tax deflator and asked Kotchever to explain it. Kotchever said it is a federal factor similar to a consumer price index,but pegged to items that cities purchase. When levy limits are in place, it is used as a cap. The city implicit price deflator was 6.2% this year. Butcher said the Council has prudently reviewed all budgets. The process is complex but a major responsibility of the Council. Suggestions brought by individuals were all carefully examined. The City has an award-winning budget process. Young concurred with Aho's comments and said public participation in the budget process is always a good thing. Tyra-Lukens said she was comfortable with the budget. Staff has been very responsive over the years in looking for savings. The budget reflects choices about what the community values and is very efficient. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2006-151 certifying the 2007 Property Tax levy to be $31,086,333; approve the 2007 Budget of$39,061,313 as reviewed by the Council; and consent and approve the HRA tax levy of$200,000. Motion carried 5-0. 2. 20-40-15 Enemy Efficiency Plan Neal announced the launch of a new 20-40-15 energy efficiency plan for the City. The goal is to increase building efficiency by 40% and vehicle efficiency by 20% by 2015. All employees will engage to find energy savings. 3. Successful Charitable Giving Campaisn CITY COUNCIL MINUTES December 19, 2006 Page 9 Neal reported the charitable giving campaign drew 99 participants (vs. 56 last year) and netted almost$15,000, a 39% increase over last year. 4. Community Center Update Neal said the City would hire a formal construction manager to manage the Community Center improvements,rather than a general contractor. This route should provide more control of timing and more value. A competitive selection process is under way and a contract will be brought to the Council in January. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Baseball Association Request for Round Lake Baseball Field Stadium Lambert said the Baseball Association is proposing the City develop a bid alternate for a 380-seat stadium at the relocated baseball field at Round Lake Park. The estimated cost for the 380-seat stadium is approximately $442,000. The Baseball Association is willing to donate $200,000 for this project. City funding for the remaining cost would come from park dedication fees. The Parks, Recreation and Natural Resources Commission unanimously recommended approval of this project at their December 4"' meeting. Case applauded the concept and the Baseball Association's proposed contribution. MOTION: Case moved, seconded by Butcher, to approve the add alternate to the Baseball Field bid to include construction of a stadium, provided the Baseball Association contributes $200,000 toward the project. Motion carried 5-0. 2. Round Lake Water Ouality Report & Round Lake Beach 2007 Lambert noted the City hired Steve McComas of Blue Water Science to study Round Lake, make recommendations for water quality improvement, and help determine whether to open the beach in 2007. McComas shared findings of his report. Round Lake water quality for the last two years has been well within the State lake water quality goals for recreational swimming,both for water clarity (as measured with a Secchi disk) and fecal coliform. Nutrient status classifies Round Lake as an "unimpaired lake." The beach could have legally been open all last summer. Fish and aquatic plant populations are also healthy. To maintain water quality, the City is placing barley straw in ponds to lower phosphorous content before water enters the main lake. McComas said the City's goose control program has also been effective and that geese CITY COUNCIL MINUTES December 19, 2006 Page 10 have no adverse impact on either the nutrient content or the fecal coliform in the lake. The report contains a proposed five-year maintenance program to maintain water quality in the lake. MOTION: Case moved, seconded by Butcher, to recommend the City Council budget$25,000 for Round Lake water quality management in 2007 and $35,000 for Round Lake Beach operations during the summer of 2007. Funding source for the water quality management should come from the storm water management fund; and funding for the beach operations from the general fund. 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: Butcher moved, seconded by Case, to adjourn the meeting. The meeting adjourned at 8:50 p.m.