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City Council - 12/06/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 6, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF STUDENT ESSAY CONTEST WINNER Robert Rozanski, representing the Human Rights & Diversity Commission, said International School student Alexis Locsin won a national essay contest sponsored by Teachers Against Prejudice earlier this year. Mr. Rozanski and Peter Huck, Vice Chair of the Human Rights & Diversity commission, presented Ms Locsin with a certificate of recognition. Mayor Tyra-Lukens congratulated Ms Locsin on her award. B. RECOGNITION OF HOME DEPOT CONTRIBUTIONS (Resolution No. 2011-99) Lotthammer said during the spring and summer of 2011, the Eden Prairie Home Depot donated 300 bags of wood mulch along with the labor to spread the mulch at the intersection of Prairie Center Drive and Singletree Lane and within Miller Park. He said Store Manager Terry McFarland, Ross Evenson and Craig Beebe from Home Depot are at the Council meeting tonight to be recognized for their contribution and work efforts. Mayor Tyra-Lukens thanked them for their contribution and their work. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2011-99 accepting the donation of mulch and recognizing the efforts of the Eden Prairie Home Depot employees. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 2 C. ART CENTER DONATION (Resolution No. 2011-100) Lotthammer said, thanks to the ongoing generosity of the Sampson family, the City of Eden Prairie will be able to purchase a combination pugmill and clay mixer for the pottery studio which will allow us to easily recycle used clay. We will now be able to reuse clay scraps that are currently discarded. He noted pottery camps and classes have become extremely popular•, clay camps have seen significant increases in participation over the past three years. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2011-100 accepting the donation in the amount of$5,000 from Elaine Sampson for the purchase of a combination pugmill and clay mixer for the Eden Prairie Art Center. Motion carried 5-0. D. OBSERVATORY EQUIPMENT DONATION (Resolution No. 2011-101) Lotthammer said the Stoebner Family Foundation through the Eden Prairie Community Foundation has offered to donate $29,523 for astronomy and electronic equipment from AVI Systems. AVI Systems will install an integrated display and streaming system for the observatory at the Eden Prairie Outdoor Center. The telescope at the nature center will be outfitted with a telescope camera that will allow for the image from the camera to be seen on a new local 32 inch outdoor display and on a new 55 inch LED display mounted inside the nature center. The video signal and audio signal will also be distributed via a CUBE encoder to Livestream. This will allow the video and audio to be streamed live and also to be recorded for viewing on the internet via computers and mobile devices. The video stream can be easily integrated into the City of Eden Prairie's website. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2011-101 accepting the gift of$29,523 from the Stoebner Foundation through the Eden Prairie Community Foundation to purchase astronomy and electronic equipment from AVI Systems. Motion carried 5-0. E. GORDON WILLIAMS DONATION (Resolution No. 2011-102) Lotthammer said Gordon Williams serves on the Senior Center Advisory Council and is an active Senior Center volunteer. He participates in various programs and activities, including trips and special events. Mr. Williams submitted his volunteer hours to his employer, State Farm Companies, in the amount that qualified his volunteer service hours for the donation of$500 from their Good Neighbor Grant Program. He requested the donation be used towards the annual Senior Center volunteer recognition event in April, 2012. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-102 accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2012 Senior Center volunteer recognition event. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 3 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 15, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, November 15, 2011 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 2011 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council meeting held Tuesday, November 15, 2011 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2011 AMENDING CITY CODE SECTION 11.70 RELATING TO COMMERCIAL PUD IDENTIFICATION SIGNS AND ADOPT RESOLUTION NO. 2011-103 APPROVING SUMMARY PUBLICATION C. AWARD CONTRACT FOR ENCORE LANDLORD WORK AT THE DEN ROAD BUILDING TO PRESTIGE CONTRACTING D. ADOPT RESOLUTION NO. 2011-104 DECLARING PROPERTY AS ABANDONED E. APPROVE SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT F. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR LOTS 1 THROUGH 9,BLOCK 1, WHISPERING RIDGE G. APPROVE GRANT AGREEMENT AMENDMENT WITH METROPOLITAN COUNCIL FOR THE RILEY CREEK MONITORING STATION H. AWARD CONTRACT TO GREYSTONE CONSTRUCTION COMPANY FOR STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE FACILITY CITY COUNCIL MINUTES December 6, 2011 Page 4 I. APPROVE CHANGE ORDER NO. 2 FOR SINGLETREE LANE IMPROVEMENT PROJECT J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER AND ASSOCIATES, LTD FOR THE ROUND LAKE PARK PHASE I IMPROVEMENTS DESIGN AND CONSTRUCTION DOCUMENT SERVICES MOTION: Nelson moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2012 BUDGET Getschow said traditionally prior to the adoption of the budgets we schedule a public meeting for the community to comment on the budget and levy. He said Finance Director Sue Kotchevar will give a PowerPoint presentation on the proposed 2012 budget and levy prior to receiving public comment. Action on the budget will occur later on the agenda under Item XIV.B.1. Kotchevar said State law requires a public meeting to be held after property owners receive their proposed property tax statements for 2012. Hennepin County held a public meeting on November 29, the Eden Prairie Schools will hold one on December 13, and the Metropolitan Council will hold theirs on December 14. She noted one big change this year is that the State legislature replaced the Market Value Homestead Credit with a new Market Value Homestead Exclusion for taxes payable in 2012. Because of that change,property owners' tax statements will have a deduction from the market value of their property rather than a dollar credit. Kotchevar said the proposed 2012 budget has a total increase of 2.6%, with a 3.9% increase in the General Fund budget and a decrease in debt service. She reviewed the General Fund revenues and expenditures, the debt summary, and the property tax summary. She also reviewed the impact on residential, apartment and commercial properties of the City tax and the total property tax. She presented a comparison of taxes paid in 2011 for a median value home in other metropolitan area cities, noting that Eden Prairie has the fourth lowest city taxes of the 12 cities included in the comparison. Getschow said he wanted to review our recent history and where we are headed in the community. He said one of the biggest issues we dealt with early on in the year was that people highly value the services they receive. The resident survey completed last year at this time put a high value on all the services we deliver. He said we are in a difficult economic environment. The City took some large steps to deal with a revenue shortfall when that issue was faced, especially in 2009. He said staff is always looking for ways to improve service delivery. The Fire Department has led the move to work with other fire departments in the area to purchase similar gear. We have improved our energy efficiency through the 20-40-15 program, and have completed three of the four phases of that program. We have saved $100,000 in CITY COUNCIL MINUTES December 6, 2011 Page 5 energy costs at City Hall and another$100,000 at the Community Center. He said we look ahead to improved delivery of services through the web site and improved customer relationship management. He reviewed the budget goals for 2012-2013 and said this budget deficit is half the amount of previous years' deficits. He noted there is a City Assessor present tonight to help with any questions residents may have regarding their property values. Tyra-Lukens opened the public meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public meeting. Motion carried 5-0. B. RESOLUTION NO. 2011-105 APPROVING AMENDMENT NO. 3 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 Getschow said this item was on the HRA agenda earlier this evening. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2011-105 approving Amendment No. 3 to the Tax Increment Financing Plan for Tax Increment Financing District No. 10. Motion carried 5-0. C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Getschow said the City has a tradition of holding a public hearing for any changes made to our fees. This ordinance establishes a fee schedule for the City's costs in administering official controls, which include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve First Reading of the ordinance updating the fee schedule for administration of official controls. Motion carried 5-0. D. RESOLUTION NO. 2011-106 ESTABLISHING A FEE SCHEDULE FOR THE CITY'S SERVICES Getschow said this item covers fees that are not covered by ordinance. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt the 2012 fee Resolution No. 2011-106. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 6 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 5.36,RELATING TO RECYCLING Getschow said this is an amendment to our ordinance related to recycling. The main reason for this amendment is to address new requirements being adopted by the County as part of their new goal to reach a 45% recycling rate by 2015 for curbside collection of recyclables in Hennepin County. He said much of our grant revenue is tied to those goals which include the recycling of more types of plastic as well as growth in organic recycling. MOTION: Aho moved, seconded by Case, to approve First Reading of an ordinance amending City Code Section 5.36 relating to licensing of collectors of solid, recyclable and/or yard waste. Motion carried 5-0. B. APPROVE 1ST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.86 RELATING TO SURPLUS AND FOUND PROPERTY Getschow said the City Attorney suggested we change our current ordinance regarding the sale of property so that it matches State law and lay out a specific process when found property is turned into the City by a third party. MOTION: Nelson moved, seconded by Aho, to approve First Reading of the ordinance amending City Code Section 2.86 relating to surplus and found property, and adopting by reference City Code Chapter 1 and Sections 2.99 which, among other things, contain penalty provisions. Motion carried 5-0. C. APPROVE 2' READING OF ORDINANCE NO. 16-2011 UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO, 2011-107 APPROVING SUMMARY PUBLICATION Getschow said this is Second Reading of the ordinance that was given First Reading earlier in the meeting. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Second Reading of Ordinance No. 16-201lupdating the fee schedule for administration of official controls and to adopt Resolution No. 2011-107 approving summary publication. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 7 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2011-108 Certifying the 2012 Property Tax Levy, Adopting the 2012 Budget, and Consenting and Approving the 2012 HRA Tax Levy Getschow said this item is to certify the 2012 property tax levy, to adopt the 2012 budget and to consent and approve the 2012 HRA tax levy. Aho said he realizes City staff has worked very hard on the budget; however, he is a little disappointed that we are still looking at this much reliance on our Budget Stabilization Fund. He believes it is important that we start to rely less on that fund and he thought the 3.9% increase in our General Fund budget is too high. In past years we have been able to accomplish our budget without using as much of the Budget Stabilization Fund. He believes staff has wrung out all the "low-hanging fruit" in terms of saving money, so he was less optimistic that staff will be able to find more things to save on this year. He thought we can get out of this situation only by having more revenue coming in from development and having better economic times. Butcher Wickstrom said it was a fair and reasonable process all along the way in the budgeting this year. We gave Staff direction in what we wanted to accomplish, and she believes the 2012 budget does that. There is a 0.9% levy increase, but with that increase we added the Fire Duty Crew which will shorten the amount of time it takes our firefighters to get to emergencies. We also added one Police Officer. She thought those are very positive things that we have wanted to do the past couple of years. She thought we have made many efficiencies and innovations this year that keep our costs at a reasonable amount. Case said he agreed with Council Member Aho about the use of the Budget Stabilization Fund. The last two years we took over$1,000,000 from savings each year to cover the deficit. He thought this year feels more honest in that we are telling the people of Eden Prairie we are trying to not rely on the Budget Stabilization Fund and to not have as much deficit spending. He noted 1.2% of the increased growth was the Parks and Recreation increase which covers itself and is not actually an increase of expense. The rest of it was the additional Police Officer and the Fire Duty Crew. He thought he could say the tax impact on the residents is basically flat even as we enhance public safety in the City. CITY COUNCIL MINUTES December 6, 2011 Page 8 Nelson said she supports the budget and likes the fact the average home tax increase is $6, which is less than last year. We are cutting our deficit spending, and she liked the fact we have actually reduced our debt. We are keeping the levy for taxes at a very reasonable level. She gave a lot of credit to staff for doing many innovations and saving over 1% of the budget on energy innovations. She was very happy with the budget this year and believes we are going in the right direction. Tyra-Lukens thought this was probably the most thorough process she has been involved in during her time on the Council. We directed staff to develop a budget that would have no impact on our bond rating, would keep the services high, and would keep the tax impact minimal. This budget does all that. She liked the fact there is a plan to get out of the problems we have had with the Budget Stabilization Fund. She thought we are doing a lot for the 3.9% increase, which includes providing a small increase for employees. She thought this is respectful of our residents and their situations yet still maintains Eden Prairie as a wonderful city. She is very happy with the budget. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-108 certifying the 2012 Property Tax levy to be $32,258,990; and to approve the 2012 Budget of$41,466,168 as reviewed by the Council; and to consent and approve the HRA tax levy and budget of $200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Adopt Contract Between City of Eden Prairie, Hennepin County and the Metropolitan Consortium of Community Developers (MCCDD) for Delivery of the Open to Business Program Jeremiah said the Open to Business program is a partnership between the City, the County and the Metropolitan Consortium of Community Developers (MCCD). The program provides direction and assistance to entrepreneurs and small businesses in Eden Prairie. This model has been used in Brooklyn Park, Minnetonka and St. Louis Park. We will pay $5,000 for one half of the $10,000 fee from our Economic Development Fund. Hennepin County will provide a matching grant for the other$5,000. She said staff will work with the Eden Prairie Chamber of Commerce to help market this to the community. The program will help to start new businesses. Tyra-Lukens said this allows our businesses to take advantage of MCCD services. She asked if there is a cap on the number of hours we can get. Jeremiah replied there is no cap. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the contract between the City of Eden Prairie, Hennepin County and the Metropolitan Consortium of Community Developers (MCCD) for delivery of the Open to Business program. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 9 2. Dell Road Purchase Agreement Jeremiah said this is a purchase agreement for the remnant parcel by Fire Station No. 4. We have been marketing this property for some time now. The buyer, Blue Hill Solutions LLC, will build a New Horizons Day Care on the property. The proposal is for a purchase price of$450,000, with the purchase contingent on their getting development approvals. Tyra-Lukens asked what will happen to the $450,000 if the sale goes through. Jeremiah said it would go into our Economic Development Fund. MOTION: Aho moved, seconded by Case, to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 1.17 acre site owned by the City and legally described as Lot 1, Block 1, Dell Station, Hennepin County, Minnesota. Motion carried 5-0. 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 he wanted to discuss an item that was to have been Item XIV.K. on the Consent Agenda. This is the release of a special assessment agreement with respect to the Fountain Place Apartments. Sun Life Assurance Company has offered to donate Outlots A and B to the City. In order to obtain clear title we need to get a release of these special assessment agreements. He noted our current special assessment agreements contain an automatic release and he plans to bring a global resolution at another meeting so these older agreements do not have to be brought to the City Council for release each time. Case said he assumes this is a good property to obtain and asked if this will come back to us as a donation. Rosow said the Parks Department has reviewed this and has agreed this is a good property to obtain because we have trails through the area. He said a resolution accepting the property donation will be brought back in 2012. MOTION: Case moved, seconded by Nelson, to approve the release of the agreement to special assessments and amendment to the agreement regarding special assessments at Lot 1, Block 1, Lot 1, Block 2, Lot 1, Block 3, Lots 1 and 2, Block 4, Outlot A, and Outlot B, Fountain Place Apartments, Hennepin County, Minnesota. Motion carried 5-0. CITY COUNCIL MINUTES December 6, 2011 Page 10 XV. OTHER BUSINESS Getschow said the Council typically schedules two meetings in December. Due to the fact we were able to take action on the budget tonight, the second meeting scheduled for December 20 will not be held. XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:10 PM.