HomeMy WebLinkAboutCity Council - 03/01/2011 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 1, 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. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS /PRESENTATIONS
A. ACCEPT DONATION FOR MILLER PARK PLAY AREA
Lotthammer said Mike Garvin, along with family and friends,has continued to
recruit funds to be used towards future phases for the Miller Park Barrier Free Play
Area. The third phase has been completed, and an additional $1,200 has been raised
towards future phases of the project.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to accept the
donation from the Tom and Kathy Miller Family Foundation in the amount of
$1,200 to assist with funding for future development of the Miller Park Barrier Free
Play Area. Motion carried 5-0.
B. 494/169 PROJECT UPDATE
Lotthammer introduced Michael Beer, MnDOT Project Manager for the 494/169
interchange project. Mr. Beer reviewed the history of the Highway 494 and 169
interchange projected. In the spring of 2010 the project was advanced after the
Federal Highway Administration (FHWA) was convinced to build only six of the
eight interchanges for the project, and funding became available with the second
round of Federal stimulus money. He showed graphs comparing the current
interchange with the future interchange.
Beer said the project design includes six roundabouts and a new bridge for
Washington Avenue across Hwy 494. There will be a sidewalk constructed for bike
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and pedestrian traffic around the system and noise barriers will be put in place near
the residences to the south of Hwy. 494. He said three teams bid on the contract,
and the McCrossan/Kraemer joint venture was selected to do the construction.
Beer said Eden Prairie's share of the cost will be $2,950,000, or 2.36% of the cost.
He reviewed the schedule for construction, noting that Hwy 169 will be
reconstructed first and the traffic signals on that highway will be removed by the
end of 2011.
Aho said this has been a long time coming, and he is looking forward to
improvement in the traffic situation in the metropolitan area and in the whole
region.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV.A.1.
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 15, 2011
MOTION: Aho moved, seconded by Case, to approve the minutes of the City
Council workshop held Tuesday, February 15, 2011, as published. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 15, 2011
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, February 15, 2011, as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Rick King, Chair of the Flying Cloud Airport Advisory Commission, said the
commission submitted their annual report for 2010 and their proposed 2011 work
plan earlier today. He reviewed the 2010 highlights, noting a complete security
review of the airport was performed during the year and the runway expansion
projects were completed. Additional landscaping has been done, and several of the
hangers were improved or rebuilt. He said noise complaints were up 9% this year,
which is less than in the past. The multi-lateration system that was installed this year
allows them to track aircraft more carefully. The recently completed City survey
showed the percentage of people believing there are very serious airport issues has
come down from 10% in 2006 to 2%. He noted the Metropolitan Airports
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Commission (MAC) is the owner of the airport, so the City has limited control over
the airport operations. He said MAC has been a good partner over the years, and with
their cooperation we have been able to get a lot done for the airport and the
community.
Tyra-Lukens thanked Mr. King for his years of participation and leadership on the
commission.
MOTION: Aho moved, seconded by Nelson, to receive the Flying Cloud Airport
Advisory Commission 2010 Report and approve its 2011 Goals and Work Plan.
Motion carried 5-0.
VIII. CONSENT CALENDAR
A. ADOPT RESOLUTION NO. 2011-26 AUTHORIZING BUSINESS
DEVELOPMENT INFRASTRUCTURE GRANT APPLICATION FOR
VALLEY VIEW ROAD AND PRAIRIE CENTER DRIVE INTERSECTION
IMPROVEMENTS
B. AWARD CONTRACT FOR LIFT STATION SCADA SYSTEM TO FOREST
LAKE CONTRACTING
C. APPROVE REINSTATEMENT AND EXTENSION OF THE HOUSING
SERVICES AGREEMENT WITH WHAHLT
MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-C
on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. RESOLUTION NO. 2011-27 APPROVING THE USE OF 2011 CDBG
FUNDS
Lotthammer said there was an incorrect number on the original item so there is a
replacement on goldenrod paper.
Jeremiah said official notice of this public hearing was published in the February 3
2011, Eden Prairie News. The 2011 CDBG allocation has not yet been announced
by the office of Housing and Urban Development (HUD). However, the Human
Services Review Committee used a conservative estimate of$250,000 to make the
funding recommendations for 2011. Once the actual amount is received, the Human
Services Review Committee will reconvene to determine how the funds will be
reallocated. The regulations stipulate that public service funding may not exceed
15 percent of the City's total allocation. She said any changes made to the
recommendations because of a change in the final CDBG allocation will be brought
back to the City Council for final approval.
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Tyra-Lukens asked if there are any drastic changes in the percentages
recommended this year as compared to last year. Jeremiah said there are no drastic
changes; however, not every agency is recommended for full funding of their
request.
Aho asked Ms Jeremiah to describe where the funding comes from. Jeremiah said
the federal government's Housing and Urban Development Office provides
Community Development Block Grant funding for affordable housing and human
services agency activities in the City. She said the agencies must show they are
providing services to the residents of Eden Prairie.
Ann Hamack, Executive Director of PROP, said they provide basic needs services
to the community and thanked the Council for the funding.
Rob Kolar,representing the Southdale YMCA, thanked the Council for the past
support and noted over 30 different youth and families were able to participate in
their program because of the funding.
Beth Kodluboy, Director of Homeline, said they helped 132 families last year and
they also provide a renter education program at the High School.
A representative of Community Action Partnership of Suburban Hennepin
(CAPSH) said they use this funding for a car repair program that is passed directly
to the residents of Eden Prairie.
Kitty Engle, Program Director for Senior Community Services for HOME, said
they make it possible for residents to avoid premature nursing home placement by
providing home making help, small repairs, painting, mowing and snow removal.
She said they use the CDBG funds to help support the sliding scale fees they charge
their clients.
Basil Wissner, 8293 Mitchell Road, said he doesn't understand why it takes 10% of
the funding to run the program. He said he will discuss his question with Molly
Koivumaki to try to understand it more. He said his understanding is that this is
preliminary approval because we don't have the final number for funding from the
federal government and that staff will come back to the Council with that final
number.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2011-27
approving the use of 2011 CDBG funds as recommended by the Eden Prairie
Human Services Committee. Motion carried 5-0.
Case said he understands there are some proposed bills in Congress that would cut
CDBG funding and asked what the impact of that would be. Jeremiah said we are
hearing there are some proposals to cut CDBG substantially, and that could impact
the 2011 funding because those allocations have not yet been finalized. She said the
amount of our funding has dwindled over the past few years. She said if it does
come out to be $250,000 of funding as we estimated, it is staff's intent to provide
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the agencies with the exact amounts proposed tonight. It will most likely not be
exactly that amount, so staff will come back to the Council at that time.
X. PAYMENT OF CLAIMS
MOTION: Case 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
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
Lotthammer said the City Council conducted Commission interviews on Tuesday,
February 22, 2011. Overall, there were 19 applicants (14 new applicants and 5
reapplicants). Eighteen candidates are being designated for Commission
appointments. All terms of appointment are scheduled to begin on April 1, 2011.
MOTION: Aho moved to appoint to the Arts & Culture Commission Lee-Elliott
Stoering and Cynthia Paulson with terms expiring on March 31, 2014; Butcher
Wickstrom moved to appoint to the Conservation Commission Kurt Lawton and
Anthony Pini with terms expiring on March 31, 2014, and Ray Daniels with a term
expiring on March 31, 2012; Case moved to appoint to the Flying Cloud Airport
Advisory Commission Caryl Hansen, Keith Tschohl and John Pratten with terms
expiring on March 31, 2014; Nelson moved to appoint to the Heritage Preservation
Commission Kay Demarais, Cindy Evert and Ed Muehlberg with terms expiring on
March 31, 2014; Aho moved to appoint to the Human Rights and Diversity
Commission PG Narayan and Zina Nourkadi with terms expiring on March 31,
2014; Butcher Wickstrom moved to appoint to the Parks, Recreation and Natural
Resources Commission Geri Napuck and David Rosa with terms expiring on
March 31, 2014; and Case moved to appoint to the Planning Commission John
Kirk, Matt Fyten, Katie Lechelt and Jon Stoltz with terms expiring March 31, 2014.
Nelson seconded the motion. Motion carried 5-0.
B. BOARD OF APPEAL AND EQUALIZATION
L otthammer said from 1992 through 2010, the City has appointed a special Board of
Appeal and Equalization (also formerly named the Board of Review). The members
are citizen volunteers that are active and knowledgeable, with extensive experience in
the real estate market. The members are recruited by the City Manager and City
Assessor and appointed annually with confirmation by the City Council.
MOTION: Aho moved, seconded by Case, to appoint to the Board of Appeal and
Equal i zati on Br i an D uoos, Ji m Johnson, L yndon M oqui st, A nnette O' Connor, and
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Patri ci a Pi dcock for the period of A pri 1 1, 2011 through May 31, 2011, or unti I the
Board of A ppeal and Equal i zati on comp)etes i is work. Motion carried 5-0.
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
Lotthammer said Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Commissions. The City Council
conducted Commission interviews on Tuesday, February 22, 2011, and determined
Chair and Vice Chair assignments for the period of April 1, 2011, through March 31,
2012.
MOTION: Nelson moved to appoint Farida Kathawalla—Chair and Tonja Bivins —
Vice Chair of the Arts & Culture Commission; Case moved to appoint Laura Jester—
Chair and Greg Olson—Vice Chair of the Conservation Commission; Butcher
Wickstrom moved to appoint Jeff Larsen- Chair and Mark Michelson—Vice Chair of
the Flying Cloud Airport Advisory Commission; Aho moved to appoint Ann Higgins
—Chair and Ed Muehlberg—Vice Chair of the Heritage Preservation Commission;
Nelson moved to appoint Pamela Spera—Chair and Peter Huck—Vice Chair of the
Human Rights and Diversity Commission; Case moved to appoint Geri Napuck—
Chair and Hutch Coburn —Vice Chair of the Parks, Recreation and Natural
Resources Commission; and Butcher Wickstrom moved to appoint Jon Stoltz—Chair
and Jerry Pitzrick—Vice Chair of the Planning Commission. Aho seconded the
motion. Motion carried 5-0.
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
MOTION: Butcher Wickstrom moved, seconded by Case, to appoint Patricia Pidcock
—Chair and Brian Duoos —Vice-Chair of the Board of Appeal and Equalization.
Motion carried 5-0.
Lotthammer said all the candidates will receive written notice if they have been
selected to serve on a commission and if they have been selected for a leadership role.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Airport Parcel Pre-zoning—Councilmember Case
Case said he had concerns about the potential pre-zoning by the airport zoning
commission for Flying Cloud Airport Parcel No. 7 that is located on the far-
east side of the airport between a row of houses and the landfill. He thought
many people living there assume that is open space. He asked City Attorney
Rosow to review what is going to happen with the pre-zoning process.
Rosow said the Memorandum of Agreement entered into in late fall of 2010
includes a process whereby the City would entertain to pre-zone certain parcels
owned by MAC as either Airport Office or Airport Commercial. The
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motivation for doing that was a huge disagreement regarding whether there was
authority to zone. In order to preserve our ability to have public hearings and
Council consideration of the zoning, we suggested a process where they would
identify parcels with potential for development and we would zone those as
office or commercial. He said the map included in the Council packets is a
representation of those parcels. On March 28 the Planning Commission will
hold a public hearing to consider a comprehensive guide plan text amendment
to add the two definitions to the comprehensive plan and a zoning code text
amendment to add the two zones to the zoning ordinance. It would come to the
City Council for first reading of the text amendments and a public hearing. If
the Council approved it, we would wait for the Metropolitan Council to act. The
Met Council has to approve the text amendment to the comprehensive plan and
that will require a full review of the plan. Because of that requirement, MAC is
considering whether they are serious about all the parcels. They identify every
parcel,but some have steep slopes and would be very difficult to develop. If the
Met Council approves it, it would come back to the Council for second reading.
After second reading, MAC would come back with complete legal descriptions
of the zoning. We would start over with the Planning Commission having a
public hearing to explain the zoning of those specific parcels, whether they
bring forth one or all of the parcels. The Planning Commission would
recommend the zoning, and it would then come to the City Council for first
reading of zoning. Then if second reading is approved, we would be done with
the zoning.
Rosow said with this process MAC has what they wanted and we have what we
wanted. The agreement states the developer is subject to the city's site review
process and we included specific criteria for a gasoline station.
Case asked if our notification process would be followed for the first pre-
zoning meeting. He was concerned that an office complex on Parcel 7 would
have to be accessed through the neighborhood. He wanted to make sure the
residents are properly notified. Rosow said he had discussions with Mr. Franzen
and the MAC representative last week. Mr. Franzen was strongly considering a
wider area for notification than was normally called for. Jeremiah said Mr.
Franzen brought this to her attention as well, and she recommended notices be
sent to any properties up to 1000 feet from the perimeter of the entire airport.
She said she believed MAC will be willing to pay the cost for those notices to
be sent out.
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
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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 Case, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:15 PM.