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City Council - 12/03/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 2013 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 7:03 PM. All Council members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. BEYOND THE YELLOW RIBBON PROCLAMATION Bob Danielson, Chair of the Eden Prairie Beyond the Yellow Ribbon steering committee, presented Mayor Tyra-Lukens with a proclamation signed by Governor Dayton proclaiming the City of Eden Prairie to be a Yellow Ribbon City. He said the program was developed by the National Guard to bring together and promote the well-being of veterans in the community. Tyra-Lukens thanked Mr. Danielson and the committee for their hard work on this very much needed program. B. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN - UPDATE Hennepin County Attorney Mike Freeman commended the Eden Prairie Police Department on their work to fight crime in the community. He said Hennepin County needs strong support from the local police departments to deal with crime. He noted crime is down significantly in Eden Prairie since 2006. He reviewed the progress made in crime-fighting methods and prosecution of criminals. Tyra-Lukens asked if other suburban communities have experienced a similar drop in crime. Mr. Freeman said other communities have experienced a drop, but Eden Prairie's has dropped more than most suburbs. CITY COUNCIL MINUTES December 3, 2013 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1 and 2. Nelson added Item XIV.A.3. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 19, 2013 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, November 19, 2013, as published. Motion carried 4-0-1, with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 19, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, November 19, 2013, as published. Motion carried 4-0-1, with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 18-2013 AND ADOPT RESOLUTION NO. 2013-101 FOR FAIRWAY WOODS II CONDO HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA; AND ADOPT RESOLUTION NO. 2013-102 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ST ANDREW HAVEN by J. David Management, LLC. Second reading of Ordinance 19-2013-PUD-10-2013 for Planned Unit Development District Review with waivers and Zoning District Change on 1.716 acres. Location: 13618 St. Andrew Drive (Ordinance No. 19-2013-PUD-10-2013 for PUD District Review with waivers and Zoning District Change) D. APPROVE SECOND READING OF ORDINANCE NO. 20-2013 AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03,AND 11.70 RELATING TO SCULPTURES AND STATUARY AS ACCESSORY STRUCTURES AND ADOPT RESOLUTION NO. 2013-103 APPROVING PUBLICATION OF SUMMARY ORDINANCE E. AWARD CONTRACT FOR OLYMPIC HILLS GOLF CLUB STORM WATER POND SEDIMENT REMOVAL PROJECT TO NORTH METRO ASPHALT & CONTRACTING CITY COUNCIL MINUTES December 3, 2013 Page 3 F. ADOPT RESOLUTION NO. 2013-104 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT NO. A12099 WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES G. AWARD CONTRACT FOR LIME RESIDUALS HAULING AND DISPOSAL TO MOELTER GRAIN INC. H. APPROVE ACQUISITION OF PARCELS 7 AND 8 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS I. AWARD CONTRACT FOR FOUR NEW SUBMERSIBLE SUMP PUMPS, ASSOCIATED PIPES, FITTINGS, VALVES, AND ELECTRICAL TO MAGNEY CONSTRUCTION J. AWARD 2014 CONTRACTS FOR WATER TREATMENT CHEMICALS K. APPROVE FUNDING RECOMMENDATIONS FOR SOCIAL SERVICE PROVIDERS FOR 2014 AND 2015 Case asked that Item H be pulled for separate action as he needed to recuse himself from any discussion or action on that item. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-G and I-K of the Consent Calendar. Motion carried 5-0. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Item H of the Consent Calendar. Motion carried 4-0-1, with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Getschow said official notice of this public hearing was published in the November 14, 2013, Eden Prairie News. He said there are two public hearings tonight relating to the fee schedule. The first is for an ordinance that establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota State statutes. If this item is approved, there will be a second reading of the ordinance later on in the meeting. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve 1 st reading of the ordinance updating the fee schedule for Administration of Official Controls. Motion carried 5-0. CITY COUNCIL MINUTES December 3, 2013 Page 4 B. RESOLUTION NO. 2013-105 UPDATING THE FEE SCHEDULE FOR CITY SERVICES Getschow said official notice of this public hearing was published in the November 14, 2013, Eden Prairie News. He said this resolution updates the fee schedule for the City's services not covered by ordinance. Eden Prairie has chosen to conduct a public hearing on every change to every fee. He noted staff goes through on an annual basis and compares the fees to other jurisdictions and reviews the cost of providing the services. He noted fees related to development and inspections are reviewed every two years. He said the Council spent considerable time at the last workshop discussing the utility fees, and those fees are a part of this action. Basil Wissner, 8293 Mitchell Road, asked how the public could get a copy of the fee schedule. Tyra-Lukens replied it is included in the Council meeting packet and could be accessed on the City website. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt the 2014 Fee Resolution No. 2013-105. Motion carried 5-0. C. 2014 BUDGET Getschow said every property owner in the City was provided notice of their proposed taxes for 2014 along with notice of tonight's meeting. Tyra-Lukens noted Council Members have been reviewing the proposed budget for several months. Tammy Wilson, Finance Supervisor, gave a PowerPoint presentation about the proposed tax levy and budget for 2014. She noted Hennepin County, Metropolitan Council and the Eden Prairie School District are also holding public meetings about their portions of the 2014 taxes. She reviewed the history of market values in the City, noting the values have increased about 1.6% over 2013. She gave a summary of the budget and details of the General Fund revenues and expenditures. She said beginning January 1, 2014, cities and counties will be exempt from State sales tax which will result in a $190,000 reduction in the General Fund budget. She reviewed the debt summary, noting the debt payments will decrease significantly over the next couple of years. She said there will be a 1.8% increase in the total property tax levy for 2014. Getschow said the goal of the City budget is to continue to keep Eden Prairie a premier place to live by developing and maintaining signature City events, reinvigorating current City events and preserving our exceptional image internally and externally. Operationally we plan to enhance service levels in public safety, to preserve all other city service levels using the same resources, and to continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities. He reviewed the current and upcoming efficiencies and innovations, noting many of the new expenditures are revenue neutral and are based on the use of new technologies. He said the tax levy is the lowest proposed levy among similar size communities. He reviewed the impact of fiscal disparities on the City, noting Eden Prairie is currently the No. 2 contributor to this tax base sharing program. Without CITY COUNCIL MINUTES December 3, 2013 Page 5 fiscal disparities the 2013/2014 residential property tax would be 10.5% less than it is with that program in place. He said the City Assessor was present tonight to answer questions about the individual property values outside of the Council Chamber. There were no comments from the audience. Case said this is the end of a long process, and he appreciated the thoroughness of staff. Tyra-Lukens said it is wonderful that our levy increase is so low given that we place emphasis on continuing excellence. Aho noted analysis of the increases in the total levy and budget shows they are not the kinds that increase our levy,but rather are pass-through amounts. Nelson commended staff for the use of innovation to provide greater service at less cost. She was proud we are keeping up all our services within the limits of inflation. Butcher Wickstrom commented we continue to use efficiencies within innovation to cut costs, and yet we continue to be a stellar city. She said Eden Prairie was recognized as a model city by many who attended the recent National League of Cities meeting. MOTION: Nelson moved, seconded by Case, to close the public meeting. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, 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. SECOND READING OF ORDINANCE NO. 21-2013 UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2013-106 APPROVING PUBLICATION OF SUMMARY ORDINANCE Getschow said this is second reading of the ordinance passed earlier in the meeting. The item will need to receive unanimous approval of the Council in order to pass. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve 2nd reading of Ordinance No. 21-2013 updating the fee schedule for Administration of Official Controls and to adopt Resolution No. 2013-106 approving summary publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES December 3, 2013 Page 6 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Water Tower Refurbishment--Council Member Case Case said he noticed the iconic water tower in the center of town is looking a little bad. Ellis said the water tower is in the five-year plan,but the Baker Road water tower will be painted before the Town Center one. He said they did do some power brushing on the Town Center water tower this past summer. 2. Electronic Cigarettes--Council Member Case Case said e-cigarettes have been getting a lot of publicity lately, and some cities and states have decided to become a little more proactive on the subject. He asked if staff could look into this and bring back a brief report on what other cities are doing and what the laws are regarding e-cigarettes. Rosow said he has done research on this subject for another city and could provide a copy of that report. 3. LED Street Lis!htins!--Council Member Nelson Nelson said the Friday report a few weeks ago described plans to expand the use of LED street lights next year. She was excited because the lights use a lot less energy. She was hoping staff could bring an overall plan to change all the City's street lights to LED and to work with Xcel Energy to upgrade the lights that are under their control. Getschow said by the end of 2014 all of the City's street lights will be LED. Ellis said there are about 4000 street lights in Eden Prairie, of which 100 are owned and operated by the City. He said a number of cities have been pushing Xcel Energy and the Public Utilities Commission (PUC) to switch over to LED. The technology has improved, and Xcel did a pilot project in West St. Paul to convert 500 street lights to LED. Xcel Energy is evaluating the energy, operation and maintenance of those lights. We are waiting for the PUC to establish a new rate class for LED street lights, and that would open up the market for all cities. Nelson said we should do whatever we can to use cheaper sources of energy for all our street lights. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES December 3, 2013 Page 7 1. Resolution No. 2013-207 Certifying the 2014 Property Tax Levy, Adopting the 2014 Budget, and Consenting and Approving the 2014 HRA Tax Levy Getschow said this item is a resolution to take action on the City budget and property tax levy. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-207 certifying the 2014 property tax levy to be $33,020,111, to approve the 2014 budget of$43,497,285 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 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Miracle League Field Fundraising Program Lotthammer said at the September 17, 2013 City Council Meeting, Council Members authorized staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League Field. He showed a schematic of the Miracle League Field. He said the fundraising committee would be headed by Dave Espe and would include community members such as Mike Garvin. The fund-raising committee would expect to raise funds through the sale of inscribed pavers on the plaza and through naming rights for the field. They estimate the cost of the field to be about$250,000. He thought there probably would be a lot of corporate interest in the field. The fund-raising committee hopes to work hard in December to take advantage of tax-deductible donations for 2013. The Eden Prairie Community Foundation Board has approved becoming the fiscal agent for the grant funds. Tyra-Lukens asked about specific plans for the fund raising efforts this winter. Lotthammer said there are some local corporations that have indicated interest as well as some national corporations that have given to other such fields. They also have some leads through the state and national Miracle League organizations. Tyra-Lukens asked if they will be doing any sort of mail or newspaper campaign. Lotthammer said they have some past contributors for other similar projects,but we could target some other potential donors from our City business list. MOTION: Butcher Wickstrom moved, seconded by Nelson, to authorize the Miracle League Field fundraising program at levels and recognition amounts outlined in the staff report. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Well Head Protection Plan Update CITY COUNCIL MINUTES December 3, 2013 Page 8 Rick Wahlen, Manager of Utility Operations, gave a PowerPoint presentation on the update of the Well Head Protection Plan (WHPP). He said Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well to ensure community growth and expansion do not negatively impact the city's water supply. The plan must be updated every 10 years. Wahlen said the water system is a $94,000,000 asset of the City that consists of 15 deep wells, a 28,000,000 gallon water treatment facility, water storage facilities, and 265 miles of water main. He said the update to the WHPP is a two phase process, both of which involve public hearings. Part I of the process is the analysis, and that part has been completed. Part 11 will be completed in December 2014 and determines how we will protect our water supply. Digital modeling of our underground aquifer system was done as part of study for the update. The modeling included the science of "fracture flow" which identifies cracking in the Prairie du Chien formation of the aquifer. The cracking allows the fast transport of water through the cracks and thus creates a much larger than expected area that can be influenced by potential contamination. The enlarged area now extends into neighboring towns, and many of the possible contamination sites that are at risk to us are located within other communities. He said it might be good for Eden Prairie and the surrounding communities to consider creating an overlapping Well Head Protection Overlay District. He noted public education is a large part of this process. Nelson asked if the Planning Department is taking the potential for contamination into consideration when reviewing any request for building in the yellow areas of the map. Wahlen said the plan will have to be approved by the Department of Public Health when the WHPP update is completed. Nelson said this is an important piece to consider for those areas as they are developed. Wahlen said the yellow indicates the potential for the earth itself to be a pathway for contamination in that area. We will need to monitor activity that might create a contaminant in those areas. He said the DNR has learned a lot about this process in the last few years, and a lot of staff are needed at the State level to deal with the issue. Nelson asked for a copy of the street overlay once it is available. Tyra-Lukens asked what Mr. Wahlen saw in terms of informing residents who live in the yellow or red areas. Wahlen said they need to be aware that anything done on the surface has the potential for contaminants to migrate to the water supply. Tyra-Lukens suggested staff go out to neighborhood associations in those areas to help educate people. Aho asked if there is a separate program to protect and secure our water treatment facilities from contamination. Wahlen said we are very conscious of that and have had staff training to raise awareness of such things. CITY COUNCIL MINUTES December 3, 2013 Page 9 Butcher Wickstrom said she was interested in the science of this and would like to see some of the science turned into an educational opportunity at the water plant. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:33 PM.