HomeMy WebLinkAboutCity Council - 05/15/2012 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 15, 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, 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. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Steve Wischmann, Partner in Kern, Dewenter, Viere, Ltd., gave a review of the
2011 CAFR. He said his firm gave a clean opinion on the financial statements,
which is the highest level of assurance that can be given. He reviewed the City's
revenues and expenditures for 2011. He noted the City's debt burden is much lower
than cities of comparable size.
Tyra-Lukens said she was really happy to hear some of the comments about the
City's financial condition. She noted his firm does a really good job. Case said City
staff has done an amazing job as well.
MOTION: Aho moved, seconded by Nelson, to accept the 2011 Comprehensive
Annual Financial Report (CAFR). Motion carried 4-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Tyra-Lukens added Item XIV.A.2. Case added Item XIV.A.3.
MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion
carried 4-0.
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VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2012
MOTION: Case moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, May 1, 2012 as published. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2012
MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City
Council meeting held Tuesday, May 1, 2012 as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE
Jeff Larsen, Chair of the Flying Cloud Airport Advisory Commission, said the
Commission submitted their annual report at the Council workshop earlier this
evening. He reviewed the highlights of the Commission's work in 2011 which
focused on providing education and information about Flying Cloud Airport to
various constituent groups. Their goal was to increase visibility of and
communications from the Commission and to continue to monitor the Final
Agreement with Metropolitan Airports Commission (MAC). For 2012 the
Commission plans similar goals to the 2011 goals. They will work to reduce
nighttime noise and will work with City staff and MAC to improve the appearance of
the airport. He noted the Airport Watch program has begun at Flying Cloud Airport.
That program allows members of the public to participate in a watch program to help
provide additional eyes for airport security and safety.
Tyra-Lukens thanked Mr. Larsen for his presentation and noted the Council
appreciates the hard work of the Commission and the direction they are going.
MOTION: Aho moved, seconded by Case, to receive the Flying Cloud Airport
Advisory Commission 2011 report and to approve its 2012 goals and work plan.
Motion carried 4-0.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste Second
Reading of Ordinance 10-2012 for Zoning District Change from Rural to I-2 on 12.4
acres. Location: 9813 Flying Cloud Drive. (Ordinance No. 10-2012 for Zoning
District Change)
C. HENNEPIN VILLAGE—SITE B by Toll Brothers; Second Reading of Ordinance
11-2012-PUD-6-2012 for Planned Unit Development District Review with waivers on
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71.5 acres and Zoning District Change from Rural to R1-13.5 on 24.37 acres.
Location: 71.5 acres east of Eden Prairie Road & south and west of Riley Creek.
(Ordinance No. 11-2012-PUD-6-2012 for PUD District Review with waivers and
Zoning District Change)
D. ADOPT RESOLUTION NO. 2012-78 APPROVING THE FINAL PLAT OF
EDEN PRAIRIE WOODS
E. ADOPT RESOLUTION NO. 2012-79 AUTHORIZING RENEWAL OF THE
HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT
APPLICATION FOR 2012 THROUGH 2O15
F. APPROVE JOINT POWERS AGREEMENT WITH MINNESOTA
DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE
SPECIES PREVENTION AND MANAGEMENT
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK
ASSOCIATES FOR THE PHASE III POND INVENTORY PROGRAM
H. AWARD 2012 SEALCOAT PROJECT TO PEARSON BROTHERS,INC.
I. AWARD 2012 BITUMINOUS OVERLAY PROJECT TO GMH ASPHALT
CORPORATION
J. APPROVE SEH PROPOSAL FOR DESIGN ANALYSIS AND
PREPARATION OF PLANS AND SPECIFICATIONS FOR
STABILIZATION AND RESTORATION OF EROSION WITHIN LOWER
RILEY CREEK
K. AWARD THE CONTRACT TO REPLACE RINK 2 ROOF AT COMMUNITY
CENTER TO PETERSON BROTHERS ROOFING & CONSTRUCTION
L. APPROVE DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT
M. ADOPT RESOLUTIONS NO. 2012-80, 2012-81,AND 2012-82 RESCINDING
RESOLUTIONS NO. 2007-94, 2007-95 AND 2007-96 FOR OAK CREEK AT
HENNEPIN VILLAGE 6TH ADDITION
N. ADOPT RESOLUTION NO. 2012-83 RESCINDING APPROVALS FOR THE
MEADOWS 2012
Nelson asked about the changes to the development agreement for Item VIII.C. on
the goldenrod paper. Rosow replied there are a couple of changes in the document.
The special assessment agreement against the property is about$1,300,000. We
make the special assessment agreement a lien on the property until the assessments
are levied. The developer asked that a paragraph be modified so the lien could be
broken up as a lien on each lot. The title company could then escrow money for a
particular lot once it was sold and could be released from the lien agreement.
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Case asked if this would accrue interest that would then be divided among the
properties. Rosow said it does not accrue interest. The statute requires you specify
the extent of the waiver in dollars,but there is no interest accrual because the
assessment has not yet been levied.
MOTION: Case moved, seconded by Nelson, to approve Items A-N on the Consent
Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Request for: Planned
Unit Development Concept Amendment on 8.4 acres, Planned Unit District Review
with waivers on 8.4 acres, Zoning District Amendment in the I-5 Zoning District on
8.4 acres and Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive.
(Resolution No. 2012-84 for PUD Concept Review)
Getschow said the plan is to change the interior of the building from 75% to 90 %
office and to construct 48 new parking spaces. The I-5 zoning district allows up to
50% office. In 2000, the property was granted a waiver for 75% office use. The
proposed waiver tonight is from 75% to 90% office use. The Planning Commission
voted 7-0 to recommend approval of the project at the April 23, 2012 meeting.
Official notice of this public hearing was published in the May 3, 2012, Eden
Prairie News and sent to 16 property owners.
Getschow asked the proponent to talk about the proposed tenant for the property.
John Ferrier, CSM Corporation, said the tenant is Starkey Laboratories. Starkey is a
great tenant in Eden Prairie, and this property is adjacent to their other five
properties.
There were no comments from the audience.
MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt
Resolution No. 2012-84 for Planned Unit Development Concept Review on 8.4
acres; to approve 1 st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Amendment within the I-5
Zoning District on 8.4 acres; and to direct staff to prepare a development agreement
incorporating staff and commission recommendations and Council conditions.
Motion carried 4-0.
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, Case, Nelson and Tyra-
Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
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A. FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION
5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND
ENFORCEMENT
Getschow said there are several areas in City code dealing with illicit discharge and
detection of stormwater. The MPCA requested we have a specific chapter related to
that in its entirety and they provided a model ordinance to use.
MOTION: Nelson moved, seconded by Aho, to approve first reading of an
ordinance adding City Code Section 5.75 relating to illicit discharge detection and
enforcement. Motion carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Budget Advisory Commission (BAC) Report on City Council
Compensation
Tyra-Lukens said the Council requested that the BAC conduct a review of the
Mayor and Council Members salaries. She said State law doesn't dictate how
and for which services councils are paid. The Council received a pay increase
in 1992 and again in 2004. The pay was increased in 2004 to the median level
of twelve comparable suburban cities. She noted there have been many
discussions about this over the years,but there is never a good time to have a
salary increase. In 2010 the Council dropped the special meeting pay. The
Council is responsible to make any adjustments,but any change would not
take effect until after the next Council election.
Tyra-Lukens said the BAC recently completed their study. She did not realize
that Council Member Butcher Wickstrom would not be at tonight's meeting.
She suggested the Council postpone the discussion until the next meeting
because she strongly believes that all Council Members should be here to
discuss this matter. There was a lot of data collected for comparable size
cities and again we are on the low end in comparison to those cities. She
asked Council Members make suggestions for additional information needed
prior to making a decision on this.
Nelson said she would like a little wider array of comparable cities in the
western and southern suburbs, possibly seven or eight different cities. Tyra-
Lukens noted the cities cited in the report are in the same population size
range. Getschow said staff provided a wider array of cities to the BAC, so that
information is available and will be provided for the next meeting. Nelson
noted Plymouth was not included. She would like to see a few more cities
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from Hennepin County and possibly some that are larger than the 60-70,000
range.
2. Events and News in the City--Mayor Tyra-Lukens
Town Hall Meeting--Tyra-Lukens said we will hold a town hall meeting on
May 24 at 7:30 AM at the Star Bank building. Everyone is invited to attend
the meeting which will focus on business related issues.
Arts in the Parks--Tyra-Lukens said there will be an Arts in the Parks event
this Saturday. Lotthammer said the event will be from 10:00 AM to 5:00 PM
at Purgatory Creek Park and will include some vendors and many artists.
Mayor's Water Challenge--Tyra-Lukens said Eden Prairie won the Mayors'
Water Challenge for mid-size cities in the Midwest area. She hoped the event
increased people's awareness of saving water and energy.
Beyond the Yellow Ribbon Event--Tyra-Lukens said this event will be held at
10:00 AM on June 2 at Round Lake Park as part of the Schooner Day
celebration. It is designed to help the city become a more welcoming
community for veterans coming home.
2. Recycling in the Parks--Council Member Case
Case said he talked to two Conservation Commission members who have
been trying to work on getting recycling containers in our parks. He
understood it is a complicated matter, and it is easy to get non-recyclable
material in the recycling containers. He wanted to know if this is something
we are pursuing because he believes we need to make the effort to do this.
Getschow said Parks and Recreation have had conversations with the
Conservation Commission. Lotthammer said we started talking about this
three years ago and have had a couple of presentations to the Conservation
Commission. We do recycle at the major park areas. A couple of years ago a
Commission member visited other cities to research how they handled
recycling in their parks. Staff met to talk about the best method to put out
containers and to collect the recycling. Many of the smaller parks don't have
enough activities that generate recycling. In addition there are a lot of people
who go out to do recycling on their own in the parks. The procedure is for our
parks maintenance staff to make a couple of trips each week to pick up the
garbage. They then send another vehicle out to get the recycling containers.
Staff decided to add recycling at major areas,but there are a lot of issues
regarding contamination.
Lotthammer said we have a different color for the recycling bins and they
have small openings in the top. We also have signs on the top and sides of the
containers. The recycling cans will be set next to the trash cans. In addition,
we are improving the look at Round Lake with different types of containers
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for garbage and recycling. We have had fair success with recycling at the
Community Center but are struggling with recycling in the parks. He thought
there is an educational component to this issue that the Conservation
Commission could help with. He said staff is open to expanding to other
parks. We would look at the benefit of expanding but also know that people
pick up cans on their own recycling efforts.
Case asked if the technology exists to separate out trash material out at the
recycling centers. Lotthammer said City staff will do that if it is something we
can get out easily. Case asked how much of the contaminated material has to
be sorted out here. Lotthammer said they will refuse the entire load if it shows
up and is beyond a certain point of contamination.
Case said he visited Canal Park in Duluth and was impressed by their solar
powered trash compactors. Lotthammer said our garbage truck does the
compaction part. We have looked at composting scenarios at certain
locations.
Tyra-Lukens thought it is worth a call to the recycling center. She thought
there are places that are doing this, so it seems like there should be a way for
us to do this. She thought there might be grants available for the solar
powered compactors.
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Resolution No. 2012-85 accepting grant from the Eden Prairie
Community Foundation for AV Equipment at the Senior Center
Lotthammer said we have received a grant from the Eden Prairie Community
Foundation to purchase new audio/visual equipment at the Eden Prairie
Senior Center.
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-85
accepting the grant in the amount of$3,000 from the Eden Prairie
Community Foundation to be used toward the purchase of new audio/visual
equipment; projector and screen for the Eden Prairie Senior Center. Motion
carried 4-0.
2. Resolution No. 2012-86 accepting Hennepin Youth Sports Program
Grant for a John Deere Utility Vehicle for the Miller Park Softball
Complex
Lotthammer said staff offered to help youth sports organizations in the City
apply for a Hennepin Youth Sports program grant for equipment items they
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would like to add that would cost less than $10,000. Staff helped the Eden
Prairie Fast Pitch organization apply for a grant. The $9,400 received will be
used to purchase a John Deere utility vehicle. The equipment needs to be
owned by the City, so a resolution is required to accept the grant.
MOTION: Nelson moved, seconded by Case, to adopt Resolution no. 2012-
86 accepting the $9,500 Sports Equipment Grant from the Hennepin Youth
Sports Program to purchase a John Deere utility vehicle for the Miller Park
softball complex. Motion carried 4-0.
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: Case moved, seconded by Aho, to adjourn the City Council Meeting. Motion
carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:55 PM.