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City Council - 03/18/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 18, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 497 from Cedar Ridge Elementary School for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 4, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, March 4, 2008, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2008 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, March 4, 2008, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. CONSERVATION COMMISSION Eapen Chacko, Chair of the Conservation Commission, gave a presentation on the Commission's progress to date and the work plan for 2008. He reviewed the ongoing Change-A-Light pledge campaign, noting this is a great activity that needs CITY COUNCIL MINUTES March 18, 2008 Page 2 more support. He said the Commission has tried to extend their conversation about conservation issues into the community by participating in the Chamber of Commerce's Landscape & Garden Expo and Pax Christi's Environmental Fair, and by establishing connections with the environmental commissions in Chanhassen and Edina. He noted that McKinstry Essention will give a progress report on the 20-40-15 plan later this evening, and he thanked the Council for establishing the Conservation Commission as the notified body for that project so the Commission can have meaningful input into the process. Young thanked Chair Chacko and the other Commission members for their work. MOTION: Nelson moved, seconded by Butcher to receive the Conservation Commission 2007 Annual Report and approve the 2008 Work Plan. Motion carried 5-0. B. ENERGY SAVINGS REPORT—MCKINSTRY ESSENTION Neal introduced Tom Loffenberg, McKinstry Essention, noting he has been working with the City for several months on the 20-40-15 energy savings project. Mr. Loffenberg said under Minnesota Statutes cities are allowed to put together an energy conservation project that would pay for itself out of energy savings. He said the proposed Phase 1.1 projects will pay for themselves. Phase 1.1 projects include lighting improvements on building interiors to reduce energy costs and increase the light quality in the work spaces. They are proposing a pilot project to install LED lights in the City Center parking lot as part of Phase 1.1. He said LED lighting has a different quality so they prefer to do a pilot project in order to get feedback from the public;however, LED lighting can result in a 70% savings in energy costs. Other items in Phase 1.1 include occupancy sensors,building automation systems to regulate heating and cooling of buildings, improved generators to reduce energy rates and provide emergency generator backup, vending machine controls, and a thermal solar panel at the Community Center to heat the swimming pool. He distributed copies of a summary sheet showing the proposed projects for Phase 1.1, noting energy costs will be reduced by 4% and will get the City about 20% towards the goal of 20-40-15. Loffenberg said they will come back with more items for the next phase which will include additional LED lighting for parking lots and street lights, wind turbine use, and some geothermal applications. He noted some of the Phase 2 items may require some additional capital investment by the City. Nelson asked when the LED parking lot lights project will begin. She said she was delighted to see that included in Phase 1.1. Loffenberg replied they will begin the final specifications, and work should begin within 30-60 days upon approval of the contract. Nelson asked where we would go from there if the public likes the lighting. Loffenberg said they would probably do some surveying and work with staff to determine how best to proceed. Nelson asked if there has been positive feedback in other communities that have installed LED lights. Loffenberg said the vast majority of feedback has been positive. Nelson asked if we would look at CITY COUNCIL MINUTES March 18, 2008 Page 3 changing the streetlights if the feedback is positive. Lofenberg said some of the streetlights are owned by Xcel Energy,but the City-owned lights could be changed very quickly. Butcher asked about the ice rink heat reclaiming system. Mr. Ackerson, McKinstry Essention, said that is a way to melt the ice from the Zamboni. It is included in Phase 2 because we need to do more analysis in order to get the right fixes for that. Aho asked what other items they have analyzed, such as motor controls. Loffenberg said they started with the quickest in terms of development because some of the mechanical systems require a longer time to analyze and put them together. He thought there will be some additional very good payback items,but many of items are more complex. Aho asked if there was any way to get a faster return on investment by changing the mix of the project items. Loffenberg said they tried to produce a blend of shorter and longer term payback items, noting many of their clients have chosen to do it that way. Young asked about the thermal solar collector which has a simple payback of 41 years. Loffenberg said there is some contingency money in that item so the cost could come down a little. Aho thought we may want to decide if we want to do all of the items proposed for Phase 1.1. Young asked what the implication is if we don't go forward on the solar collector. Neal said that item could be put into the next phase and noted staff had a lot of discussion on that particular item. He thought it would be fine if the Council wanted to put the thermal solar collector into the next phase,because it does have an impact on the overall return on investment of 13.8 years. Neal asked Mr. Loffenberg to review the basics of the finances for the project. Loffenberg said they set up a lease so that each year McKinstry would come out and provide measurement and verification that the projected savings have been realized. They guarantee the amount of savings that will be realized will exceed the principal and interest on the lease, so there is a guarantee of the savings and we can see the progress of the project each year. Aho asked about the length of term of the lease. Loffenberg said he did not think that has been established yet because the rates are in flux. They are still working through what terms we would use, and it depends on the cash flow situation. Aho asked if the City owns it once the lease is satisfied. Loffenberg said that was true. Young asked that the case be made for including the thermal solar collector in the list. Loffenberg said sometimes their clients pick a renewable energy project for another reason such as the educational value of the project or to set an example. He said we may need to get more into some of the other things the City is trying to accomplish with the initiative. CITY COUNCIL MINUTES March 18, 2008 Page 4 Eapen Chacko said the Conservation Commission has struggled with how we take a step into some of these areas. The commission thought the site for the thermal solar collector is favorable, it is used by the entire community, and it is close to the High School for use as an educational item. Young asked how the educational component of the thermal solar collector would be realized. Chacko said it could be similar to the geothermal project that was at the library,but the challenge for us would be to hook up with the educational community to promote the project. Young asked if there was a plan to do something with it. Neal said there could be in the same way we have used the Environmental Learning Center at the Water Plant. Loffenberg noted we have been extremely conservative in our estimates of initial savings and ongoing savings. Neal noted there was a wind project that had a similar long-term payback. Nelson asked how the wind project payback compared to the thermal solar collector. Loffenberg said the wind project had a little better payback but it was still in development. They are trying to identify the most suitable turbine and are doing analysis of various sizes of turbines. He noted there are a lot of factors involved and this item will be presented as part of Phase 2 in 60-90 days. Nelson asked if they looked at our fleet for the possibilities of more energy- efficient vehicles. Loffenberg said they had some preliminary conversations on that and are continuing to evaluate it. Aho asked what the life expectancy is on the electric generator since that item has a 16.6 year payback, and whether we factored in maintenance costs for that. Loffenberg said there is an expected life of 25 years for the generator, and they have factored in all of the maintenance costs. In general terms Aho thought the thermal solar collector is a nice idea,but at this time he thought every component of the project needs to stand alone, so he would like to move that item to the second phase. Young said he was willing to support items such as the thermal solar collector if they have educational or other non-financial benefits;however he needed the case to be made at the time of the financing. He was confident we can do that for this item and a plan will be included in the second phase of the project. Neal said if that is the direction of the Council we will move the item to Phase 2 and come back with a well-developed plan for programming. Young said he would support the Phase 1.1 items with the exception of the thermal solar collector. MOTION: Aho moved, seconded by Butcher, to accept the Energy Savings Report from McKinstry Essention and to move forward with the Phase 1.1 project, with the exception of the thermal solar collector which will be moved to Phase 2 for further review. Motion carried 5-0. VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 8-2008 AMENDING CITY CODE SECTION 11.70, RELATING TO THE PUBLIC DISTRICT CITY COUNCIL MINUTES March 18, 2008 Page 5 AND AIRPORT SECTIONS OF THE SIGN ORDINANCE,AND ADOPT RESOLUTION NO. 2008-33 APPROVING SUMMARY PUBLICATION B. APPROVE SECOND READING OF ORDINANCE NO. 9-2008 AMENDING CITY CODE SECTION 11.51 RELATING TO PROTECTION OF WETLAND AND ADOPT RESOLUTION NO. 2008-34 APPROVING SUMMARY PUBLICATION C. ADOPT RESOLUTION NO. 2008-35 APPROVING FINAL PLAT OF CASTLE RIDGE 2ND ADDITION D. ADOPT RESOLUTION NO. 2008-36 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 3"ADDITION E. AWARD CONTRACT FOR RECOATING OF WATER TREATMENT PLANT WASH-WATER TANK TO CHAMPION COATINGS, INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR CONCEPT DESIGN OF PRAIRIE CENTER DR./PRESERVE BLVD. AND ANDERSON LAKES PARKWAY/ PRESERVE BLVD. INTERSECTIONS, I.C. 02-5583 G. ADOPT RESOLUTION NO. 2008-37 APPROVING CONTRACT WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW PROGRAM FOR AN ADDITIONAL DAY PER WEEK FROM APRIL 14 TO NOVEMBER 28, 2008 H. AWARD CONTRACT FOR STREET SWEEPING TO RELIAKOR SERVICES, INC., I.C. 08-5720 I. ADOPT RESOLUTION NO. 2008-38 AUTHORIZING THE CITY OF EDEN PRAIRIE TO ACT AS THE LOCAL GOVERNMENT UNIT WITHIN THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT J. APPROVE SUBMITTAL OF 2007 RECYCLING REPORT TO HENNEPIN COUNTY AND ADOPT RESOLUTION NO. 2008-39 AUTHORIZING RENEWAL OF THE RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2008-2010 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF RIVERVIEW RD. FROM HOMEWARD HILLS RD. TO SONOMA RIDGE/PARKER DR., I.C. 52-157 L. APPROVE COST PARTICIPATION AND MAINTENANCE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT FOR BIRCH ISLAND LAKE POND NO. 4 STORM SEWER, I.C. 04-5620 CITY COUNCIL MINUTES March 18, 2008 Page 6 M. APPROVE 2008 TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE N. APPROVE WATER EMERGENCY AND CONSERVATION PLAN O. APPROVE MUTUAL AID AGREEMENT WITH SOUTHWEST TRANSIT MOTION: Butcher moved, seconded by Aho, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. UNITEDHEALTH GROUP PUD CONCEPT AMENDMENT Request for: Planned Unit Development Concept Amendment on 71 acres and Alternative Urban Areawide Review (AUAR) Update on 71 acres. Location: SE Quadrant of Shady Oak Rd & TH 62. (Resolution No. 2008-40 for PUD Concept Amendment) Neal said official notice of this public hearing was published in the March 6, 2008, Eden Prairie News and sent to 84 property owners. He said in 2002 United Health Group (UHG) received City approval of a Comprehensive Guide Plan Change and PUD concept plan for a 1,599,400 square foot office/mixed-use development on its 71-acre property located at the southeast corner of Highway 62 and Shady Oak Road. The plan consisted of 1,131,700 sq. ft. of office, 331 multi-family units, a 125-room hotel/restaurant, and 50,000 square feet of retail. The Development Agreement for the PUD concept plan will expire March 20, 2008. Neal said UHG is proposing a PUD concept amendment for the plan for 1,584,400 sq. ft. office/mixed use development consisting of 1,140,000 sq. ft. of office, 324 multi-family units, 125-room hotel/restaurant, and 25,000 sq. ft. of retail. The plan also provides for a future light rail transit station and a Park-and-Ride at the site, which is along Hennepin County's preferred future LRT alignment. The Concept Amendment plans have taken into account changes to the site since the previous approval including: new wetland delineation report; updated traffic analysis; updated tree inventory; storm water infiltration; and accommodation for a future light rail transit station on the site. Neal reviewed the following PUD waivers needed to be approved as part of any rezoning of the property: Office Site • Floor Area Ratio of 0.89. Code maximum is 0.50. • Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated. High Density Residential Site • 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. CITY COUNCIL MINUTES March 18, 2008 Page 7 Neighborhood Commercial Site • FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses. • 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. • Building height greater than 30 feet. Housing is proposed above the retail uses. Neal said the benefits to the City for considering these waivers are: • A mixed-use development of office, housing and retail • Preservation of the 10 acre wooded knoll • Preservation of 12.27 acres (92.5%) of the 13.27 acres of wetlands on site • Significant tree loss of 32% • Accommodates future LRT station and Park-and-Ride within the site The 120-Day review period expires on May 19, 2008. The project applicant was present to answer question. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing, to adopt Resolution No. 2008-40 for Planned Unit Development Concept Amendment on 71 acres, and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Neal commented he thought this project shows the strength of our local economy, and this is the kind of project many cities envy. Nelson expressed her appreciation for the accommodation for light rail. VOTE ON THE MOTION: Motion carried 5-0. B. UNITEDHEALTH GROUP ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) UPDATE Neal said official notice of this public hearing was published in the March 6, 2008, Eden Prairie News and sent to 84 property owners. United Healthcare Services, Inc. is proposing an Update to its Alternative Areawide Urban Review (AUAR) environmental document originally adopted by the City Council in April of 2002 for the future development of a 71 acre site located at the southeast corner of T.H. 62 and Shady Oak Road. Neal said the 30-Day Comment Period runs from February 26 thru March 26, 2008. The 120-Day Review Period for the AUAR process expires on May 19, 2008. The Planning Commission voted 5-0 to accept the draft AUAR document and draft mitigation plan as accurate and complete at its February 25, 2008 meeting. There were no comments from the audience. CITY COUNCIL MINUTES March 18, 2008 Page 8 MOTION: Butcher moved, seconded by Aho, to close the Public Hearing and to accept the draft AUAR and draft mitigation plan as accurate and complete. Motion carried 5-0. C. CDBG FUNDING RECOMMENDATIONS (Resolution 2008-41) Neal said official notice of this public hearing was published in the February 28, 2008, Eden Prairie News. He said the 2008 CDBG allocation is $256,033.00, which is approximately 4% less than our 2007 allocation. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation, plus 15 percent of the previous year's program income ($110,890). For the 2008 program year, funding for public services totals $46,000. Molly Koivumaki, Housing & Human Services Manager, reviewed the process used to distribute CDBG funds. She said the process starts at the beginning of the year when HUD notifies us what the allocation will be. Anyone can apply for the funding, but they generally get the same groups each year. She said they received about a 4% decrease in allocated funds this year so they have made some adjustments from last year. They would like to use the Housing Rehabilitation Loan Program in new ways this year and will bring back a proposal to the Council later on how the City can help with some of the issues regarding foreclosure and other items that are hitting the community right now. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher, to adopt Resolution No. 2008- 41 approving the use of 2008 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. D. UTILITY FEE SCHEDULE AMENDMENTS (Resolution No. 2008-42) Dietz said the Council approved a water conservation and emergency supply plan as part of tonight's Consent Calendar. He said Minnesota state statutes prioritize the use of water into six priorities, and No. 6 in priority is non-essential uses which includes lawn sprinkling. The average usage for Eden Prairie residents is 93 gallons per capita per day,but we are mandated to try to reduce that average back to 75 gallons per day. He said the utility fee schedule includes the proposed LGU fees for Riley- Purgatory/Bluff Creek Watershed District. The LGU fees are typical of what the Watershed District used to charge. He said the noncompliance fees are changed to measure them over a three-year rolling time frame rather than a two year time frame. The billing for our commercial/industrial customers will change to a monthly billing system. He said irrigation-only accounts will now be subject to a use surcharge of$1.00 per 1,000 gallons, and the storm water drainage fees will change to $4.00 per quarter for a single family home. CITY COUNCIL MINUTES March 18, 2008 Page 9 Basil Wissner, 8292 Mitchell Road, thought the fee structure is really too low if we are trying to change the behavior of our residents. He thought it should be double that, at a minimum. Laura Bluml, 10450 Riverview Drive, said they water less than one inch per week and never during restricted periods. They have been assessed the surcharge and it sometimes goes up to the $100 cap. They have tried to reduce their water usage and would like to work with someone to convert a larger area to natural conditions. She noted the system allows a resident who fills an indoor pool in January to get that added to their water for the summer. She thought the noncompliance fee should be increased, and she was bothered that the error with irrigation-only users occurred for 11 years. She thought we should look at other fees to make sure there aren't other errors. She would like to make sure the costs for the change to monthly billing will include all the additional costs for the mailings and other items. Dietz said the resolution does eliminate the $100 cap. He noted there are no tax dollars involved in our utility operations. It is all fee generated and the fees are the only way we pay for capital costs. MOTION: Butcher moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Duckstad asked how the proposed rates compare to our neighboring municipalities. Dietz said the storm water utilities' average is $40 per quarter while ours will be $4.00. He did not have a comparison of the water rates in front of him,but we would be in the middle with $1.65 per 1000 gallons. Only about five other communities have a two-tier system like we do for conservation efforts. He said there is a bill before the state legislature to mandate that all large water systems have a conservation rate structure. Butcher said it is pretty obvious that our water is one of the best things going in terms of what we pay. She thought there is a commitment on the part of the City Council to be good stewards of all our resources. As part of that we made the commitment to have a Conservation Commission and created a staff position. It makes good sense to take more incremental change over quantum change. She said she supported what staff is proposing but would like to review this sooner than we did this last time. She thought we are going in the right direction and would like to see more citizen involvement and awareness of this issue so residents might be able to add to our water conservation efforts. Nelson asked if the monthly billing is strictly for businesses only for what we are approving. Dietz said this is a trial balloon for us, and about 1100 customers will be on the monthly basis to start which will give us experience with the monthly billing process. Nelson said it will take a little convincing for her to go that way for residences. She thought our storm water drainage fees are overly low. She wants to do incremental increases but she also wants to see them increase over time and to make sure we cover our costs. She commended Mr. Neal for his piece in the newspaper explaining the fee increases. She thought it provided more of an overall CITY COUNCIL MINUTES March 18, 2008 Page 10 understanding about why we need to do this. She thought it would be nice if staff could do a piece that explains why water poured on the grass does not just run down through the ground and get pumped out through the water system again. She thought that would be something that would help a lot of people understand and would make more sense to them as to why they need to conserve. Aho thought the City water system is a number one quality system. He has an office building in another community where the water is not nearly as good as Eden Prairie water. We have a fantastic water system here and we don't have to soften the water on our own which is a big savings for residents. He thought it would be good to have Mr. Dietz address the system constraints again because he gets a lot of feedback that shows there is not a good understanding of that issue. He asked if there is any way we could account for large areas like that of Ms Bluml's property. Regarding the issue about associations that maintain property such as boulevards, he asked if there is anything we could do to help them maintain their property. Dietz corrected his earlier statement that the average storm water utility for other cities is $40 per quarter, stating it is actually $40 annually. He said the system constraint is how much water we are allowed to take out of the ground. We got approval to go to 3.25 billion gallons per year, and we went over last year when we used 3.5 billion. He said Well No. 15 was in the preliminary stages last year, so we hope they will forgive us and that we will get more normal weather this year. There are several constraints on the system: wells,pipes, towers and the plan. He said we have received approval for Well No. 16, and we are doing some design work to put that into the area south on Mitchell Road. If we have good rainfall in a year, we will be able to keep up better. We do have rebates for water-conserving appliances, we have a new rebate program to convert part of a yard to a Rain Garden, and we have a $100 rebate for an irrigation system with smart features. He said a larger yard will always cost more to water. He noted only 3% of our base would have paid a $100 or more surcharge last year. Some associations have made upgrades in some of their boulevards and medians. They have agreed to maintain the median if they have one. He said we recognize the fee increases are a change for people, but he thought we have to put these in place. Young said the association that corresponded with the Council alleged that we maintained some of their common areas earlier. Dietz said over the years we have mowed a pass back behind the curb. State statutes require that property owners maintain to the edge of the road. There are a number of areas where we mow but it is not to the level the associations would want. Young asked Council Member Aho if there is an alternative he wanted to propose regarding different size lots or associations. Aho said he was satisfied with Mr. Dietz's description and reasoning. Nelson said she gets comments from people asking that everyone observe the 12:00 to 5:00 PM watering ban, including those that have their own wells, as well as the schools and golf courses. Dietz said he didn't know if we can do that. Neal said our conservation program impacts people that are connected to our system but not CITY COUNCIL MINUTES March 18, 2008 Page 11 those that are not connected to it. Dietz said we do talk to some apartments and others that have their own wells and also to the School District but it sometimes gets out of synch. Young said the School District often waters in the heat of the day during the summer and that raises concerns. Neal said we will discuss this with them again. Aho said he has had a number of correspondences from those who say they were fined for violations when they were using their own wells. He asked if we have something in place to detect when someone is using their own well for irrigation. Dietz replied we know about most of those situations and staff does try to catch the ones that have private wells. He said we have to have strict compliance with our rules or we can't enforce it for anybody, and we need an objective means of measuring compliance. Duckstad said he thought Mr. Dietz was to be commended on his sensible approach to the watering problem. He asked if irrigation-only associations, where residents get together and formulate a plan to water the property, will be put into a higher tier. Dietz said they will. Duckstad was concerned that by billing them more you could have a harmful effect on those associations such that they disband and start to water on their own, thereby using more water. Dietz said he didn't have a sense that would happen. There are two kinds of associations: townhouses with common areas only that have an irrigation system on those areas, and associations of single family homeowners that have some specific areas that have upscale landscaping and the only way to water those is through a watering system they put in. He said it came out to be about$6.00 per household for an entire year, and he didn't think such a cost implication would change their opinion on how the neighborhood looks. Duckstad asked if the State could turn us down if we get into a situation where we need permission of the DNR and the State to build another well. Dietz said they could and, as part of the permission we obtained for Well No. 16, we will have to submit our Comprehensive Guide Plan update showing a population increase. Duckstad asked Dietz if he felt at this point our water level availability is critical and at emergency need levels. Dietz said he did not want to be an alarmist and we are not out of water;however, we do need to be pro-active and be good stewards of what water we have left. MOTION: Butcher moved, seconded by Nelson, to adopt Resolution No. 2008- 42 amending the Fee Schedule for fees associated with Storm Water Utility, Water Utility and Wetland Services. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Nelson, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES March 18, 2008 Page 12 A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS (Tabled) Neal noted the Council discussed this item at the last Council meeting and tabled action on first reading of the new ordinance at that time. Staff communicated with the Council Members and came back with the proposal in tonight's meeting packet. The proposal is the starting point for tonight's discussion and is based on feedback having to do with where the signs could be,how large they could be and how frequently they could change. He noted dynamic displays are proposed to be permitted in the Town Center-Commercial areas,but not in the Town Center- Residential or Town Center-Mixed Use areas. Such displays would be permitted in the public areas. He said they took a look at what we have in the community and determined that allowing 35% of the sign area to be dynamic would allow everything that is already in place. The proposal states the time change could be once every 20 minutes, a standard that has been adopted by the cities of Bloomington and Minnetonka. Young asked how many existing signs in the City would be in violation if we passed the ordinance as it is currently proposed. Franzen said the time frame for the sign we have outside of City Hall would have to be changed as would the sign at Purgatory Creek Recreation Area. The signs at Walgreens and the gas stations are on a staff policy change of once every 24 hours. Neal said timing change is a fairly simple thing to do. Aho said he was okay with our plan to control the brightness and size,but he was less comfortable with the change frequency of 20 minutes. He thought there are signs like our City signs where it makes sense to have them change every eight seconds. We are hampering some of our ability to get information to our residents if we cut the change to 20 minutes. He didn't think it would be a problem to leave the shorter frequency with some of the other controls we have in place. Butcher asked if there could be a two-tier system with public service announcements as one tier since the City signs seem to be the only ones changing more frequently. Rosow said no. Butcher said she was not comfortable with signs changing as frequently as every eight seconds. Young said he agreed with Council Member Aho. There are a lot of regulations of these signs, and he didn't think there is as big a danger in this. There are benefits to some of these signs for our corporations, and he did not think there was anything magic about time frames. He said the most offending sign in the City is ours at Purgatory Creek Park, and he thought we have established a de facto standard there and should apply that standard to any other sign in the City. Nelson said she never liked the sign at Purgatory Creek Park, and she thought it goes way too fast. She thought it definitely would become a traffic hazard if we had multiple signs like that up and down Flying Cloud Drive. She thought 20 minutes is more than enough time to get the information out, and she was willing to go with 20 minutes as the frequency. Times will change and businesses will be more likely to take advantage of these. She thought signs that change all the time like those in a CITY COUNCIL MINUTES March 18, 2008 Page 13 town such as Orlando would definitely change the look of our town. Butcher thought it is important for us to have caution about the length of time. So far the standard is once every 24 hours for our businesses using this type of sign. She thought we should err on the side of being conservative. If we need to review it in the future in terms of being more flexible, we could do a reassessment in order to be less regulatory. Rosow said he talked to the Minnetonka City Attorney today about their litigation on this issue, and he asked them why they went to 20 minutes as a time change. They did that to be consistent with Bloomington, and it was more reasonable than what the court was allowing. The purpose behind moving away from the shorter time period was that people do watch for changes to occur. Rosow said he received a forwarded email this morning from the gentleman who is President of the Minnesota Sign Association and who spoke at the last Council meeting telling Mr. Franzen he believed we addressed their concerns except for the way we measure light intensity (nits) which he said would be difficult to measure. Rosow spoke to Minnetonka about why they do not measure nits, and they said it would take an expensive machine to do it that way so they have a more subjective way to measure nits. We would not purchase a machine to measure nits. We would require the machines to have self-adjusting mechanisms and, if a complaint occurred, we would have a consultant do that measurement. Young asked to what standard it would be self-adjusting. Franzen said there would be a range of light and the signs have a self-adjusting dimmer that adjusts to the light and is preset at the factory. Young asked how we would enforce the ordinance and if we would have to hire a consultant every time there was a complaint. Franzen said we would call the person who took out the sign permit, discuss it with them and have them measure it. It would only go to a consultant if there was a continuous violation and we needed professional documentation. He said that would be less expensive than paying for a measurement device. Young said he was uncomfortable with the idea that this is a better standard to have. Rosow said he thought the enforcement of something this technical requires a lot of common sense. The first time someone complains the City would work with the owner to educate us on how the sign is calibrated and show us the sign is properly calibrated. The owner would work with staff to determine if the complaint is valid. Young asked how much it would cost to hire a consultant if we wanted to pursue a violation. Franzen said he didn't have that information. Young asked if there are consultants in the metropolitan area. Franzen said there are. Rosow said this is the method of enforcement that Bloomington chose. Nelson asked what method Edina uses. Franzen said they don't have a dynamic sign ordinance. Young said if the sign association doesn't have a problem with the 20 minute standard he was okay with that,but he didn't like the whole measuring nits idea. CITY COUNCIL MINUTES March 18, 2008 Page 14 Aho asked what would be the problem with adopting the Minnetonka standard. Rosow said the subjective nature of their evaluation makes it more difficult to enforce. Young asked when Bloomington and Minnetonka passed their ordinances. Neal said in 2007. Young asked if we know what type of violation history they have had in the past year. Neal said he did not know. Young said he would like more information about this, and would like a better sense of how much it costs and how frequently we could expect it to occur. Nelson asked if there is any down side to waiting another two weeks. Neal said it will be almost a month because the next Council meeting is April 15. In terms of the down side, it would just be our reaction to an application filed between now and then. As an alternative, Rosow said we could adopt a first reading tonight and direct staff to come back at second reading with a report and alternative language regarding the enforcement. Young asked what that does for any application that comes in. Rosow said it just keeps the process moving along. Nelson asked if an application would have to wait until after the April 15 meeting. Rosow said it is difficult to apply before the new ordinance becomes effective. He said our ordinance as it currently exists does not allow any illuminated signs so this is a loosening up the ordinance to allow these signs. An application for an illuminated sign filed now would be denied because it would be a violation of the current ordinance. The consensus was to continue to table the matter until the next Council meeting. B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. National League of Cities Conference— Council Member Aho Aho said he attended the National League of Cities Conference in Washington, D.C. with City Manager Neal and Fire Chief Esbenson. They met with all of our representatives at the federal level and discussed Eden Prairie and metropolitan area concerns with them. He said staff put together a very nice packet that was well received. The meetings with our Senators and Representatives were very worthwhile. 2. Letter Received from 4th District Administrator— Council Member Butcher CITY COUNCIL MINUTES March 18, 2008 Page 15 Butcher said she was concerned about the letter the Council received from Art Thompson, the 4"'District Administrator, stating cuts made to the 4"' District budget will result in closing two of three suburban courthouses, one at Southdale and one at Ridgedale. She was concerned about the impact on staff and residents. She would like to send a letter from the City Council or at least make contact with our State Senator and Representative to say we are not comfortable with the changes. Young thought a letter would be fine. He would like to highlight it in a positive light and talk about the importance of the Southdale Courthouse to our prosecutions and the cost impacts of such a move. Neal said this is a huge issue in terms of convenience for Eden Prairie citizens and it also impacts our Police Officers as they go to testify. Rosow said his firm's prosecutor is also concerned about the impact on witnesses and advocacy groups. Young said since this issue affects us directly, he thought it is appropriate to comment on the matter. Neal said he will draft a letter and circulate it among the Council Members. Butcher said she is very worried about the wait times. She thought it will have a huge impact and it is our responsibility to act on behalf of the residents and staff. Nelson agreed. B. REPORT OF CITY MANAGER 1. Report on Federal Legislative Advocacy Trip Neal said they talked mainly about transportation issues in terms of road improvements and LRT and also about WAFTA. They sent follow-up letters to all the people they met with. He noted this was our last chance to meet with Congressman Ramstad in Washington, D.C. 2. Town Hall Meetin! Neal said the Council approved a schedule of meetings for the year and set a Town Hall meeting for Tuesday, April 29, to be held in the Council Chamber. The Board of Appeals & Equalization has a statutory date that night and will be using the Council Chamber, so we need to look at a different date. He will look at the options and share those with the Council. 3. Commission Banquet Neal said the Commission banquet is Monday, April 28, and Congressman Ramstad will be the guest speaker. This is the 40"'Anniversary of the Human Rights & Diversity Commission, so they will be the featured commission. CITY COUNCIL MINUTES March 18, 2008 Page 16 4. City Manager's Annual Performance Review Neal said we contracted with Harry Brull from PDI over the last couple of years to do the performance review, and he could engage Mr. Brull if the Council would like to use him again. Butcher said Mr. Brull is a very professional resource and she didn't see any reason for change. The other Council Members agreed. 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 Rosow said we received a request from the developer of the Kinderberry project to have a slight amendment to the Developers Agreement. They discovered an error in a legal description and asked him if the Council could agree to the amendment tonight. MOTION: Butcher moved, seconded by Duckstad, to approve the amendment to the Kinderberry Developers Agreement. Motion carried 5-0. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 9:10 PM.