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City Council - 12/04/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 4, 2012 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, Finance Director Sue Kotchevar, 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. Council Member Butcher Wickstrom was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison gave a PowerPoint presentation on the Hennepin County budget and other items. She reviewed the County's revenue by source and described the growth in need for the service areas. She said the County's budget will increase by 1.2% in 2013, and the tax levy will increase by 0.9%. She reviewed the progress of the Southwest LRT, commenting they hope to begin construction in 2016. Tyra-Lukens thanked Ms Callison. She noted the comment period for the DEIS for the Southwest LRT has been pushed out to the end of December. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES December 4, 2012 Page 2 A. SPECIAL COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Special Council meeting held Tuesday, November 13, 2012 as published. Motion carried 2- 0-2, with Nelson and Tyra-Lukens abstaining. B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 20, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, November 20, 2012 as published. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 20, 2012 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, November 20, 2012 as published. Motion carried 4- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Second Reading of Ordinance No. 36-2012-PUD-14-2012 for Planned Unit Development District Review with waivers and Zoning District Change from Community Commercial to RM-2.5 Zoning District on 3.098 and Site Plan Review on 3.098 acres. Location: Mitchell Road & Cochrane Lane. (Ordinance No. 36- 2012-PUD-14-2012 for PUD District Review with waivers and Zoning District Change; ResolutionNo. 2012-163 for Site Plan Review) C. ADOPT RESOLUTION NO. 2012-164 APPROVING FINAL PLAT OF FIVE MITCHELL CROSSING D. AWARD CONTRACT FOR STABILIZATION OF A SECTION OF PURGATORY CREEK TO CARL BOLANDER & SONS E. APPROVE ADDITIONAL FINAL DESIGN SERVICES BUDGET WITH SRF CONSULTING GROUP FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS F. AWARD CONTRACT FOR 5-YEAR CHLORINE SCRUBBER MAINTENANCE TO SEIMENS, INC. G. APPROVE LETTER OF CREDIT AS COLLATERAL FOR THE CITY'S PAYROLL ACCOUNT CITY COUNCIL MINUTES December 4, 2012 Page 3 H. APPROVE PLANS AND AUTHORIZE BIDS FOR REPAIR OF MINNESOTA RIVER FLOODPLAIN POND SOUTH OF RIVERVIEW ROAD MOTION: Aho moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX . PUBLIC HEARINGS/MEETINGS A. 2013 BUDGET Getschow said the City has a two-year budgeting process. He said on September 4, 2012, the City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. There are two things occurring tonight: a public meeting on the proposed budget and levy; and Council action on next year's budget after the other public hearings scheduled for this evening. Kotchevar gave a PowerPoint overview of the 2013 budget. She noted market values in the City have been declining since 2010 with a 1.8% decrease in 2012; however, staff expects market values to level out or increase slightly in 2013. There is a 2.5% increase proposed in the General Fund in order to maintain City services at the current level. She reviewed General Fund revenue and expenditures and summarized the debt levies. There will be a 0.9% increase in the City's 2013 property taxes,but a median value residential property will see a 1.6% decrease in City property tax. She noted Eden Prairie ranked fourth in the comparison of city taxes for 12 Municipal Legislative Commission cities in 2012. Getschow said we have seen an increase in revenues, but we have also adjusted the budget conservatively. He noted the deficit has been reduced to the $300,000 range, and we are weaning ourselves off use of reserves or the budget stabilization fund. He reviewed the savings that will occur because of current and upcoming efficiencies and innovations. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the public meeting. Motion carried 4-0. At 7:35 PM Mayor Tyra-Lukens opened the HRA meeting. B. RESOLUTION NO. 2012-165 APPROVING AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Rosow noted there are changes on goldenrod paper for both the HRA and the Council resolutions. The City and the owner are still discussing the exact terms of the Project Management agreement, and that will be brought back to the Council at the January meeting. He said we need to have the extension of the tax increment financing plan in place before the end of the year. CITY COUNCIL MINUTES December 4, 2012 Page 4 There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 4-0. MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2012-165 approving amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 12. Motion carried 4-0. C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS D. RESOLUTION NO. 2012-166 UPDATING THE FEE SCHEDULE FOR CITY SERVICES Getschow said Item C is first reading of an ordinance updating the fee schedule for the administration of official controls. Item D is a resolution updating the fee schedule for all other City fees. While we do not need to hold a public meeting for any fees, the Council's practice has been to hold a public meeting for any change in the fees. Tyra-Lukens noted our tax levy is in the lower portion of MLC cities and asked if our fees are similarly positioned. Getschow said some of the fees are related to policies in place to recover our costs. We also look at the market to see how we compare on fees. Our utility fees have remained in the lower third when compared to other cities. There were no comments from the audience on either Item C or Item D. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve 1st reading of the ordinance updating the Fee Schedule for Administration of Official Controls. Motion carried 4-0. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt the 2013 Fee Resolution, Resolution No. 2012-166. Motion carried 4-0. E. RILEY VIEWS by Hunter Emerson, LLC. Request for: Planned Unit Development Concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Resolution No. 2012-167 for PUD Concept Review; Resolution No. 2012-168 for Preliminary Plat) Getschow said official notice of this public hearing was published in the November 22, 2012, Eden Prairie News and sent to 59 property owners. This is a 28 lot single family subdivision with waivers for lot dimension, setbacks, and cul-de-sac length. The Planning Commission voted 5-0 to recommend approval of the project at the November 26, 2012, meeting. CITY COUNCIL MINUTES December 4, 2012 Page 5 Scott Carlson,representing Hunter Emerson,reviewed the proposal and noted it is similar to other projects they have done in the City. He said the neighborhood meeting was well attended. The Schoenecker family had concerns about privacy along the trail,but they determined that both sides of the trail will stay essentially the same as it is today. He reviewed the PUD waivers they are requesting. He said the original plan included a second access point on Pioneer Trail across from Crestwood Terrace; however such an access would have required sight line and turn lane improvements on Pioneer Trail that were too significant for the development to undertake at this time. They will provide sufficient right of way to allow for construction of the second access when Pioneer Trail is upgraded. Tyra-Lukens said she is concerned about the need to make known the fact the stubbed-in road may go through eventually. Mr. Carlson replied there will be a 12- foot trail coming in at that point,but they could also put in signage as needed to show a future road location. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-167 for Planned Unit Development Concept Review on 13.4 acres; to approve 1 st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1.9.5 on 13.4 acres; to adopt Resolution No. 2012-168 for Preliminary Plat on 13.4 acres into 28 lots, 2 outlots and road right of way lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions regarding signage of the future road connection. Case asked if the future road connection will happen. Ellis said that connection is not in the approval;however, the developer would have to post surety for the connection. Case asked if a future Council could change this if there were neighborhood concerns. Ellis said Hennepin County might have to weigh in. We want to preserve the potential for a road,but the Council is not approving the road tonight. Nelson suggested there should be signs on both ends of the road access so people could see where the road will go through. VOTE ON THE MOTION: Motion carried 4-0. Tyra-Lukens noted it is nice to see developers coming in and investing in the community for the last year or so. She thought it shows we took the right course. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Nelson and Tyra- Lukens voting "aye." CITY COUNCIL MINUTES December 4, 2012 Page 6 XI. ORDINANCES AND RESOLUTIONS A. APPROVE 2' READING OF ORDINANCE NO. 37-2012 UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2012-169 APPROVING SUMMARY PUBLICATION Getschow noted first reading of this ordinance was approved earlier in tonight's meeting. MOTION: Aho moved, seconded by Case, to approve 2nd reading of Ordinance No. 37-2012 updating the Fee Schedule for Administration of Official Controls and to adopt Resolution No. 2012-169 approving summary publication. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. 2012 Election--Council Member Case Case said he wanted to commend City Clerk Kathleen Porta, Lorene McWaters and other staff members for the stellar job running the recent election. Getschow noted there was an 86% turnout for this year's election. Tyra-Lukens thanked Council Member Nelson for representing the City at the ribbon-cutting for the new Hwy 494-169 interchange. She noted she will be working with Council Member Aho on our City Manager's performance review. They will bring that back to the Council in February. B. REPORT OF CITY MANAGER 1. Resolution No. 2012-170 Certifying the 2013 Property Tax Levy, Adopting the 2013 Budget, and Consenting and Approving the 2013 HRA Tax Levy Getschow said on September 4, 2012, the Eden Prairie City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2012. City Council adoption of the final levy and budget will complete this process. Case noted this is the end of a long process that included many hours of preparation. He thanked staff for the great job they did. CITY COUNCIL MINUTES December 4, 2012 Page 7 MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2012-170 certifying the 2013 Property Tax levy to be $ 32,549,320, and to approve the 2013 Budget of$42,785,579 as reviewed by the Council; and to consent and approve the HRA tax levy and budget of$200,000. Nelson said staff has worked with the Council for a very long time this year. She approved of the earlier start because we were able to get lots of input. VOTE ON THE MOTION: Motion carried 4-0. 2. Resolution No. 2012-171 Approving 2013 To 2022 Capital Improvement Plan Getschow noted the 2013-2022 Capital Improvement Plan (CIP) was another item that we spent a lot of time on this year. We moved from a five- year to a ten-year plan. Kotchevar gave a PowerPoint overview of the CIP, noting there are approximately $254,000,000 in planned projects. She reviewed the projects by department and gave a funding summary. Getschow noted the actual CIP document is very large and will be available on the City website soon. It shows details of the projects,how each fund operates, and the funding source for each. Tyra-Lukens noted this is a process we have been going through during the year with several meetings and presentations. Nelson asked to receive an emailed version of the document. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012- 171 approving the 2013 to 2022 Capital Improvement Plan. Motion carried 4-0. 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 XV. OTHER BUSINESS CITY COUNCIL MINUTES December 4, 2012 Page 8 XVI. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:08 PM.