HomeMy WebLinkAboutCity Council - 01/18/2011 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JANUARY 18, 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: Interim City Manager Jay Lotthammer, Public Works Director Gene Dietz,
Community Development Director Janet Jeremiah, 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. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
V. PROCLAMATIONS /PRESENTATIONS
A. DR. MARTIN LUTHER KING,JR., PROCLAMATION
Tyra-Lukens read a proclamation recognizing Doctor Martin Luther King, Jr.'s
dream and proclaiming 2011 as a year to celebrate human rights and diversity.
Pam Speara, Chair of the Human Rights & Diversity Commission, announced the
opening of the application process for the Human Rights Awards. Nominations will
be taken until February 25. On March 10 the Human Rights & Diversity
Commission will review the nominees and select the award winners in the
categories of individual, non-profit, business and youth.
B. GFOA CERTIFICATE FOR ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING
Lotthammer said the Finance Division received a Certificate for Achievement for
Excellence in Financial Reporting from the Government Finance Officers
Association (GFOA) of the U.S. and Canada. Tyra-Lukens presented the award to
Sue Kotchevar and Tammy Wilson of the Finance Division.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Aho added Item XIV.A.1. Tyra-Lukens added Item XIV.A.2. Nelson added Item
XIV.A.3. Lotthammer said Mr. Rosow will present comments on Item VIII.H.
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MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 4, 2011
MOTION: Case moved, seconded by Aho, to approve the minutes of the City
Council workshop held Tuesday, January 4, 2011, as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 4, 2011
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes
of the City Council meeting held Tuesday, January 4, 2011, as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
Regarding Item H Approve Amendment to Eden Prairie Firefighter Relief Association
Bylaws, Rosow said statute requires there be City Council approval whenever there is a
change that affects benefits. He said the summary on the last page of the agenda items
itemizes the changes. Items 1-4 are non-substantive changes, and Items 5-8 are more
substantive. He said the memo did not itemize any costs for the City. The total cost has the
potential to be $7000, which is not a large amount; however, it may well be tens of
thousands less than that because the investments of the Firefighter Relief Association have
done so well in the last year.
A. CLERK'S LICENSE LIST
B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek
Watershed District. Second Reading of Ordinance 1-2011to add governmental uses
as a permitted use in the Public District, Second Reading of Ordinance 2-2011-PUD-
1-2011 for Planned Unit Development District Review on 5.32 acres and Zoning
District Change from R1-22 to Public on 5.32 acres, Resolution 2011-13 for Site Plan
Review on 5.32 acres. (Ordinance No. 1-2011 to Add Governmental Uses as
Permitted Use; Ordinance No. 2-2011-PUD-1-2011 for PUD District Review and
Zoning District Change; Resolution No. 2011-13 for Site Plan Review)
C. ADOPT RESOLUTION NO. 2011-14 APPROVING EXTENSION OF
CONDITIONAL USE LICENSE AGREEMENT NO. A12099 WITH
HENNEPIN CO. FOR PROVISION OF ELECTRONIC DATA FOR
MAPPING PURPOSES
D. ADOPT RESOLUTION NO. 2011-15 APPROVING EXECUTION OF
EASEMENT AGREEMENT WITH REALITY INCOME PROPERTIES 3,
LLC
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E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB &
ASSOCIATES, INC, FOR DESIGN OF VALLEY VIEW ROAD/PRAIRIE
CENTER DRIVE INTERSECTION IMPROVEMENTS
F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR
CONSTRUCTION OF THE "SHELL SPACE" FOR COMPLETE NUTRITION
AND A NEW COMMON AREA IN DEN ROAD LIQUOR STORE
G. ADOPT RESOLUTION NO. 2011-20 APPROVING HENNEPIN COUNTY
ALL-HAZARD MITIGATION PLAN
H. APPROVE AMENDMENT TO FIRE RELIEF ASSOCIATION BYLAWS
I. ADOPT RESOLUTION NO. 2011-16 ADVISING THE BOARD OF
HENNEPIN COUNTY COMMISSIONERS REGARDING THE DISPOSAL
OF A TAX FORFEITED LAND WITHIN EDEN PRAIRIE
MOTION: Nelson moved, seconded by Case, to approve Items A-I on the Consent
Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. EDEN POINTE PARKING LOT EXPANSION by Liberty Property Limited
Partnership Request for Planned Unit Development Concept Amendment on 5.82
acres, Zoning District change from Regional Commercial to I-2 on 2.98 acres, Site
Plan Review on 5.82 acres and Preliminary Plat of 5.82 acres into one lot and one
outlot. Location: 7300 & 7400 Flying Cloud Drive. (Resolution No. 2011-17 for
PUD Concept Amendment, Ordinance for Zoning District Change and
Resolution 2011-18 for Preliminary Plat)
Lotthammer said official notice of this public hearing was published in the January
6, 2011, Eden Prairie News and sent to seven property owners. This project is an
expansion of the parking lot for the existing building at 7400 Flying Cloud Drive
by combining the adjacent property to the north. The Metropolitan Council's
locally preferred alignment for the Southwest Transitway will directly impact both
parcels included in the development proposal.
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public
hearing, to adopt Resolution No. 2011-17 for Planned Unit Development Concept
Amendment on 5.82 acres, to approve 1 st Reading of the Ordinance for Zoning
District Change from Regional Commercial to I-2 on 2.98 acres, to adopt
Resolution 2011-18 for Preliminary Plat of 5.82 acres into one lot and one outlot,
and to direct staff to prepare a development agreement incorporating staff and
Commission recommendations and Council conditions. Motion carried 5-0.
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B. RESOLUTION 2011-19 RELATING TO MULTIFAMILY HOUSING
REVENUE BONDS (ROLLING HILLS PROJECT) SUBORDINATE SERIES
2001C AND 2001E; AUTHORIZING REISSUANCE THEREOF AND
EXECUTION AND DELIVERY OF FIRST SUPPLEMENTAL
SUBORDINATE INDENTURE OF TRUST
Lotthammer said official notice of this public hearing was published in the
December 30, 2010, Eden Prairie News. The Borrower has indicated a desire to
amend the Subordinate Indenture of Trust(the "Indenture") dated as of August 1,
2001,between the City of Eden Prairie and U.S. Bank National Association, as
trustee (the "Trustee"). The changes have no financial impact to the City and the
bondholders have consented to the change. The changes no longer provide for
early payments on principle but rather defer payments to the due date on the bond
payment schedule.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing, and to adopt Resolution No. 2011-19 relating to multifamily housing
revenue bonds (Rolling Hills Project) Subordinate Series 2001C and 2001E,
authorizing the reissuance thereof and the execution and delivery of a First
Supplemental Subordinate Indenture of Trust. Motion carried 5-0.
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, Butcher Wickstrom,
Case, Nelson and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Comments About the School Situation—Council Member Aho
Aho said as a Council we have received a lot of public questions and
comments on this subject. He noted the City Council does not have any
purview over what happens on the School Board. The School Board is an
elected body that has been chosen to represent residents on issues relating to
the schools. He called for the community to come together and make the
changes work in a positive way for our students. He was disappointed to
hear individuals from outside our community calling our committed
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residents "white racists"because they voiced opposition. That was not true
and was uncalled. He believes the people of Eden Prairie have always been
supportive of all people and all races. He did understand the passions that
changes to the education system bring out. He said the residents of Eden
Prairie have the best intentions for our children and are committed to doing
this.
Tyra-Lukens noted that was extremely well-said.
2. Commission Applications—Council Member Nelson
Nelson said she wanted to make sure people who are interested in being on
our commissions understand that now is when they need to apply. The
applications are available on line, as are discussions regarding what the
commissions do. The applications are due February 11. She encouraged
anyone interested in having something to do with city government to apply
at www.edenprairie.org.
3. Two Upcoming Events—Mayor Tyra-Lukens
Tyra-Lukens noted Eden Prairie is an extremely collaborative community.
She said City Council Members and staff work with various community
organizations, and she wanted to give some publicity to two events. The
first event is "Souper Bowl Saturday" on January 29 at CMS to raise funds
to benefit PROP. There will be hand-crafted soup bowls for those who
attend and entertainment by local choirs and bands.
She said the second event is the Eden Prairie Foundation Ball that will be
held on March 26 at the Marriott Southwest. This is a special year for the
event as it is the 30-year anniversary of the Eden Prairie Foundation. There
will be two local bands playing at the event. Invitations will be emailed, and
participants can register online.
B. REPORT OF CITY MANAGER
1. Set Date for City Manager Final Interviews
Lotthammer said the next step in the process will occur on February 3 at
6:00 PM when Council Members conduct interviews of the three finalists
for the City Manager position. He said a motion is needed to authorize that
step.
MOTION: Nelson moved, seconded by Case, to set 6:00 PM, February 3,
2011, as the date and time for the City Council to conduct final interviews
of the City Manager candidates. Motion carried 5-0.
Nelson said she would also like to announce the public meeting so that any
citizens who are interested can come to meet the candidates. Lotthammer
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said that meeting will occur Thursday, January 20, from 3:30 to 6:00 PM. It
will be held in the Cambria Room at the Community Center.
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
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:24 PM.