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City Council - 03/15/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 15, 2005 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 Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. All members were present. Scout Troop 695 was welcomed. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added three items under Report of City Manager. Tyra-Lukens added a report on the National League of Cities meeting under Reports of Councilmembers. MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1, 2005 MOTION: Young moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, March 1, 2005 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 1, 2005 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday, March 1, 2005 as published. Motion carried 5-0. VI. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Tyra-Lukens reported that the City of Eden Prairie has received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance CITY COUNCIL MINUTES March 15, 2005 Page 2 Officers for the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending December 31, 2003. Tyra-Lukens extended congratulations to the City's Finance Department and to the Auditors for preparation of the report. VII. SOUTHWEST CORRIDOR ALTERNATIVE ANALYSIS STUDY INTRODUCTION Katie Walker from Hennepin County Regional Railroad Authority (HCRRA) made the presentation on the Southwest Corridor Alternative Analysis Study. She said this is the next phase of study for developing a dedicated transit corridor from downtown Minneapolis to Eden Prairie. This study follows the Southwest Rail Transit Study that was completed in October 2003. The recommendation was to include four light rail transit alternatives for further study, and also to document environmental impacts and potential mitigation measures, implement a comprehensive public involvement program, maintain the trail network, and evaluate a Midtown Corridor rail transit connection between the Hiawatha Light Rail Transit line and a Southwest Transitway. Walker explained the purpose of the Alternative Analysis Study is to identify and compare the benefits, costs and impacts of a range of transit alternatives for the Southwest Corridor in order to determine a preferred course of action. The study began in January 2005 and completion is expected by fall 2006. HCRRA intends to implement a comprehensive public involvement process, involving those who would be potentially affected by whatever course of action is determined to be reasonable and feasible. The range of alternatives start with no build (status quo), and include a look at low-cost options. An option required by the Federal Transit Administration is Bus Rapid Transit. Other options are light rail transit and an evaluation of any other transit options that may be appropriate for this area. The study will be considered completed when local and regional decision-makers select a preferred alternative. A Technical Advisory Committee (TAC) and Policy Advisory Committee (PAC) are assisting HCRRA with this study. Five goals for a southwest transitway were developed by the TAC and approved by the PAC. Goals one and two, considered Tier 1 goals, are to improve mobility both within the cities and within the region, and to provide a cost- effective and efficient travel option. Goals three, four and five, Tier 2 goals, are to protect and enhance the environment, to preserve and protect the quality of life in the study area and the region, and to support economic development. The FTA project development process is being followed, assuming federal funding will be pursued. The first steps were completed with the Southwest Rail Transit Study approval. After the Alternative Analysis process is completed, the subsequent steps in the development process are an environmental impact statement, preliminary engineering, final design, construction, and operation. The estimated time frame to complete all those steps is approximately 2015. Walker said an open house has been tentatively scheduled for Eden Prairie on Tuesday, May 10, 2005 at the Southwest Metro Transit Station, from 4 p.m. to 7 p.m. Tyra-Lukens thanked Ms. Walker for her presentation. CITY COUNCIL MINUTES March 15, 2005 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE INN POOL ADDITION (2005-4) by Eden Prairie Lodging, L.L.C. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and Resolution for Site Plan Review on 1.29 acres. Location: 11500 West 78d' St. (Ordinance No. 5-2005-PUD-2- 2005 District Review and Zoning District Amendment; and Resolution No. 2005-41 for Site Plan Review) C. DAIRY QUEEN GRILL AND CHILL (2005-1) 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres; and Resolution for Site Plan Review on 1.09 acres. Location: County Road 4 and Terrey Pine Drive. (Ordinance No. 6-2005-PUD-3-2005 District Review and Zoning District Change; and Resolution No. 2005-42 for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE NO. 7-2005 CHANGING STREET NAME OF PORTION OF FULLER ROAD TO WEST 79TH STREET E. ADOPT RESOLUTION NO. 2005-43 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 5TH F. ADOPT RESOLUTION NO. 2005-44 APPROVING FINAL PLAT OF LIFETOUCH 2ND ADDITION G. ADOPT RESOLUTION NO. 2005-45 APPROVING FINAL PLAT OF FLYING CLOUD CENTER 2ND ADDITION H. ADOPT RESOLUTION NO. 2005-46 APPROVING FINAL PLAT OF PRAIRIE GREEN 2ND ADDITION I. APPROVE CHANGE ORDER NO. 1 FOR CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS, I.C. 96-5405 J. ADOPT RESOLUTION NO. 2005-47 APPROVING COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 312 PROJECT FROM CSAH 4 TO EXISTING TH 212 NEAR CARVER COUNTY ROAD 147, I.C. 93-5305 K. APPROVE TWO TEMPORARY EASEMENTS ON CITY-OWNED OUTLOTS ADJACENT TO DELL ROAD FOR CONSTRUCTION OF TH 312 PROJECT, I.C. 93-5305 CITY COUNCIL MINUTES March 15, 2005 Page 4 L. ADOPT RESOLUTION NO. 2005-48 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87653M, WITH MNDOT FOR DELL ROAD AT THE NORTH AND SOUTH RAMPS FOR TH 312 INTERCHANGE, I.C. 93-5305 M. APPROVE MEDIATION AGREEMENT, CHANGE ORDER NO. 2 AND PAY ESTIMATE NO. 7 (FINAL) FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS N. AWARD CONTRACT FOR 2005 STREET SWEEPING TO RELIAKOR SERVICES, I.C. 05-5644 O. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT EDEN VALLEY PARK TO FLANAGAN SALES, INC. P. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT OVERLOOK PARK TO FLANAGAN SALES, INC. Q. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2005 R. APPROVE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL SERVICES WITH AUCTION BROADCASTING COMPANY FOR 2005 S. ADOPT RESOLUTION NO. 2005-49 SUPPORTING LEGISLATION TO ALLOW ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE TO FOOD SERVICE OPERATOR OF THE GARDEN ROOM T. APPROVE A PERMANENT EASEMENT OVER PORTION OF OUTLOT B, HIDDEN PONDS U. APPROVE DRIVEWAY EASEMENT AGREEMENT WITH OWNERS OF LOT 2, BLOCK 2, RIVERVIEW HEIGHTS ADDITION MOTION: Case moved, seconded by Young, to approve Items A-U of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve payment of claims. The motion was approved on a roll call vote with Aho, Butcher, Case, Young and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES March 15, 2005 Page 5 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. 2005 BOARDS AND COMMISSIONS Neal reported that the City Council held City Commission interviews on Tuesday, February 22, 2005. Twenty-eight candidates applied for consideration; twenty- four new applicants and four seeking reappointment. Nine candidates were selected for appointment at this meeting, six being appointed for the first time and three reappointments. There were no openings this year on the Arts and Culture Commission. MOTION: Butcher moved, seconded by Case, to appoint to the Planning Commission John Stoltz, Vicki Koenig, and John Kirk, terms to expire on March 31, 2008; to appoint to the Heritage Preservation Commission Nina Mackay, Ed Muehlberg, and Jane Plaza, terms to expire on March 31, 2008; to appoint to the Human Rights and Diversity Commission Jeff Strate and Melissa Barra, terms to expire March 31, 2008; and to appoint to the Parks, Recreation and Natural Resources Commission Geri Napuck, term to expire March 31, 2008. Motion carried 5-0. Tyra-Lukens said the applications are kept on file throughout the year to fill any positions where people retire from a Commission or move out of town. Butcher said she found the interviews an exciting process. This is the way the City really gets community involvement. Many people seeking positions have been very involved in the community and she was pleased to see there were so many willing to serve on the Commissions. Tyra-Lukens agreed it was a good field of candidates. B. 2005 BOARD OF APPEAL AND EQUALIZATION Neal explained that the proposed members for Council approval are experienced real estate professionals with knowledge of the Southwest metro area. MOTION: Aho moved, seconded by Butcher, to appoint to the Board of Appeal and Equalization Mike Best, Doug Malam, Annette O'Connor, Brian Duoos, and Patricia Pidcock for the period of April 20, 2005 through May 10, 2005, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. Neal said people who have concerns about how the City Assessor has assessed the value of their property can approach the Board of Appeal and Equalization, professionals in the real estate industry, and have a discussion with the assessor and the Board. If they do not achieve satisfaction with this Board, there is a process they can go through with the County as well. CITY COUNCIL MINUTES March 15, 2005 Page 6 C. 2005 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS Neal explained that Chairs and Vice Chairs are appointed annually by the City Council. To be eligible for consideration, a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. MOTION: Case moved, seconded by Young, to appoint Ray Stoelting — Chair, and Kathy Nelson — Vice Chair, of the Planning Commission; to appoint Betsy Adams — Chair, and Molly Gilbertson — Vice Chair, of the Heritage Preservation Commission; to appoint Rob Barrett — Chair, and Jeff Gerst — Vice Chair, of the Parks, Recreation and Natural Resources Commission; to appoint Larry Piumbroeck — Chair, and Jeff Strate — Vice Chair, of the Human Rights and Diversity Commission; to appoint Susan Dickman — Chair, and Steve Mosow — Vice Chair, of the Arts and Culture Commission; to appoint Patricia Pidcock — Chair, and Mike Best — Vice Chair, of the Board of Appeal and Equalization. Motion carried 5-0. XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Funding for Transportation Improvements to I-494 and the Metro Area System—Councilmember Aho (Resolution No. 2005-50) Aho said as part of his responsibilities he sits on the I-494 Corridor Commission. One of the major issues they are facing is funding for I-494 and all of the metro transportation projects. The I-494 Corridor Commission is encouraging all the member cities to adopt a resolution prepared by the Commission supporting legislation to increase state funding for improvements to I-494 as well as the rest of the metropolitan transportation system. Possible sources of funding supported in the resolution include dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes, an increase in the license tab fee, a regional sales tax option, increased trunk highway and general fund bonding, state gas tax, and increased use of voluntary toll lanes. Aho explained it is very critical to raise more money for transportation. He didn't necessarily agree with all of the funding sources mentioned. For instance, he does not agree with the idea of a regional sales tax. However, he does support using 100 percent of the Motor Vehicle Sales Tax, which has gone into general funds instead of being used as intended. It is very important to our quality of life and the business economics of the community that we have viable transportation; however, projections for raising the necessary funds do not look good. He said the main thrust of the resolution is to acknowledge the fact that we do need more money for transportation. It is crucial in order to promote the viability of the state and be able to compete with other areas. CITY COUNCIL MINUTES March 15, 2005 Page 7 MOTION: Aho moved, seconded by Butcher, to adopt Resolution No. 2005-50 supporting legislation to increase state funding for transportation improvements to I-494 and the metro area system. Young said, with regard to adopting the resolution, he agreed with the need for increased funding; however, he did not agree with the option of a regional sales tax, which is a funding mechanism he found troubling. Tyra-Lukens agreed. Statewide, many people and businesses make use of the highway system around the metro area and she did not believe it should just be a metro-area-funded issue. Butcher also agreed, but did not want to see this very good resolution defeated because of the inclusion of a regional sales tax option. Aho said he had struggled with this a lot because the resolution was pre-written by the I-494 Corridor Commission, so that the part about a regional sales tax was already set. He stated he was open to amendments, and if the Council wanted to strike that part of the clause he would not object. Tyra-Lukens pointed out the only problem with striking it out of the resolution is that there is an advantage for the Corridor Commission to be able to go to legislators and state that they have the full support of member cities on this issue. The Commission has proposed a "laundry list" of possible ways that funds could be raised. This Council might favor one over another, but it is necessary to broaden the horizons of legislators to realize all of these are possibilities to be considered. Aho said Tyra- Lukens was correct, and the resolution doesn't indicate all of tools will be used,but just states these are tools that are available. Case agreed with the other Councilmembers. He pointed out the regional sales tax is the only funding source that says "option", and he believed the Commission intentionally put that word in there. He said typically any time regional sales tax verbiage has come up in discussion of building stadiums, etc., there has always been a referendum attached to it. He doesn't recall the Legislature imposing a regional sales tax on a small region; it is similar to the concept of"taxation without representation." If the option were available, he supposed the Legislature would make it a seven-county, metro-wide referendum concept. Case read through the resolution again, pointing out that he favored dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes and an increase in the state gas tax. He said if the Legislature were to give any thought to sliding the Motor Vehicle Sales Tax away from roads and public transportation, especially the Southwest Metro bus organization, that would be a major problem. Motion carried 5-0. CITY COUNCIL MINUTES March 15, 2005 Page 8 2. Report on National League of Cities Meeting—Mayor Tyra-Lukens Tyra-Lukens said last weekend she and Councilmembers Butcher and Case attended the annual Congressional Cities Conference that the National League of Cities puts on in Washington, D.C. The focus of this meeting is to get city representatives up to date on issues facing America's cities and to give them an opportunity to meet with legislators and lobby on behalf of cities. Tyra-Lukens attended a Special Leadership Training institute session on strengthening boards and commissions. She discovered that Eden Prairie is already following many of the recommendations; nevertheless, there were some ideas she gleaned from this meeting and hoped to investigate further. Tyra-Lukens said the number one lobbying issue was transportation; securing enough money to meet the current needs and to project some into the future. A second issue was cuts in funding for Community Development Block Grants. Major cuts to Section 8 Housing vouchers are being discussed; not necessarily dollar cuts but a change in how Section 8 is administered. Tyra-Lukens said homeland and hometown security was also a big issue, as well as first responders and communications issues. An aid from Representative James Oberstar's office talked about federal agencies and local communities involved in securing the border between Minnesota and Canada that cannot communicate with one another because the radio towers for each country are on different frequencies and have different signal strengths, etc. Tyra-Lukens reported that federal tax reform was another big issue, in addition to communications, taxation and regulation. Senator Coleman told the delegation that the Senate is looking at providing more money for transportation than the President is currently discussing. The President is asking for $284 billion, and the Senate is talking about increasing that to $318 billion. Senator Coleman said the amount of $318 billion is enough to maintain the highways we currently have but not enough to have any new highways. Coleman is talking about getting $50 billion in bonding, which Tyra-Lukens was told would be something new, because the federal government does not bond. Case said he had attended a workshop on parliamentary procedures and will report back on that at another time. He also attended the workshop with Mayor Tyra-Lukens on Section 8 Housing, which would potentially affect Eden Prairie. There were also larger meetings on Community Block Grant funding, transportation, technology and education. In addition, there was an informal discussion about the fact that the number one issue in security with air flights today is at small reliever airports; that is the CITY COUNCIL MINUTES March 15, 2005 Page 9 biggest hole in security that has not been filled yet. Eden Prairie should continue to think about that issue because there is a reliever airport in Eden Prairie. Butcher said she attended many of the same meetings at the conference as the others. However, one group she became involved with is a committee she was appointed to at the National League of Cities called Democratic Governance. The mission and charge of this committee is to identify current threats to democracy, and there are a number of them, some of which have been identified, and then to come up with solutions at the local level that can actually strengthen democracy. Butcher said she attended her first meeting of the committee and will have several others before the end of the year. It is a working committee that is really trying to come up with solutions. She plans to give a thorough report at a future meeting on this committee's work and what it hopes to achieve. B. REPORT OF CITY MANAGER 1. Annual Performance Review Neal said the Council had previously talked about re-engaging Mr. Brull to conduct Neal's annual performance review. Neal and Brull have had a meeting to discuss the process. Brull has begun working on it and has prepared a review form. They identified a group of about 70 employees from which to draw the employee side of the review, balanced by gender, age, tenure, union and non-union status, management and non- management status, people working in this building versus not working in this building, in order to have a balance of employees who have the opportunity to participate. That review form has been transmitted to those employees so they can give their review of his performance over the past year. When that information is collected and assembled it will be forwarded to the Councilmembers for review before they complete their part of the review process. 2. Airport Agreement Neal reported that he and City Attorney Rosow met with some citizens last week about the airport agreement. A number of questions were raised about how the City is monitoring its compliance and also MAC's compliance with the global agreement that they agreed to in December 2002. Neal and Rosow said it is time to do a management audit of the agreement and find out where they stand on the various issues that the City and MAC reached agreement on, to determine if they are completed, not completed, or in progress. They would then give the Council an update about where things stand at this time. He believed they could accomplish that largely with their own staff, primarily Scott Kipp and others. The City may engage Mr. Rosow and possibly Mr. Reimer. CITY COUNCIL MINUTES March 15, 2005 Page 10 3. E-Services Response Project Neal said over the past couple of years the City been providing more of its services on the City's Web site, to make them more available, convenient, cheaper and faster for its citizens to use. As a result, the City also has to consider how and what should they adjust internally to respond to that management initiative. To do this, staff is looking at the way various things are being done: how are they staffed behind the counters; who provides services; how can they show the impact of the number of e- services being created; how can they predict the impact the e-services will have on future workforces; how many employees work counters and what kind of work they are doing. Staff will take that information and use it as a way to make some future judgments about the composition and size of the workforce in this building. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:45 p.m.