HomeMy WebLinkAboutCity Council - 08/19/2014 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,AUGUST 19, 2014 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. CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:04 PM. Council Member Aho was
absent.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as
published. Motion carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JULY 14, 2014
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes
of the Council workshop held Tuesday, July 14, 2014, as published. Motion
carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 14, 2014
MOTION: Nelson moved, seconded by Case, to approve the minutes of the City
Council meeting held Tuesday, July 14, 2014, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
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August 19, 2014
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VIII. CONSENT CALENDAR
Case asked that Items VIII.H and VILM be considered separately because of a conflict
of interest.
Rosow said, with respect to Item VIII.B. and D. and all items related to the Eden Gardens
project, should be understood to include the date change to September 12.
A. CLERK'S LICENSE LIST
B. EDEN GARDENS by Homestead Partners. Second Reading of Ordinance 17-
2014-PUD-1-2014 for Planned Unit Development District Review with waivers
on 8.39 acres and Zoning District Change from Rural to R1-9.5 on 8.39 Location:
Southwest corner of Scenic Heights and Eden Prairie Road. (Ordinance No. 17-
2014-PUD-1-2014 for PUD District Review with waivers and Zoning District
Change)
C. ADOPT NO. RESOLUTION 2014-76 APPROVING FINAL PLAT OF
HIGHPOINT AT RILEY CREEK
D. ADOPT RESOLUTION NO. 2014-77 APPROVING FINAL PLAT OF
EDEN GARDENS
E. REJECT BID SUBMITTED BY SOWLES STEEL ERECTORS FOR
STEEL ERECTION FOR THE AQUATICS EXPANSION PROJECT
F. AWARD QUOTES FOR STEEL ERECTION FOR THE AQUATICS
EXPANSION PROJECT TO HIGH FIVE ERECTORS
G. APPROVE CONSTRUCTION CHANGE ORDER FOR NORTHWEST
ASPHALT INC. FOR THE BURR RIDGE STORM SEWER EMERGENCY
REPAIR AND IMPROVEMENT PROJECT
H. ADOPT RESOLUTION NO. 2014-78 AWARDING CONTRACT FOR CITY
WEST PARKWAY TRAIL TO MINNESOTA DIRT WORKS
I. REJECT BID FOR THE LANDSCAPE PROJECT FOR CSAH NO.1
BETWEEN FLYING CLOUD DRIVE AND SHETLAND ROAD
J. APPROVE PURCHASE OF NEW CONTROL PANELS FOR LIFT
STATIONS NO. 6 AND NO. 7 FROM INTEGRATED PROCESS
SOLUTIONS INC.
K. APPROVE CONTRACT FOR UPDATING MICROSOFT WINDOWS
SERVER LICENSES THROUGH STATE OF MINNESOTA AGREEMENT
01E61724
L. APPROVE ADVANCE FROM CAPITAL IMPROVEMENT AND
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MAINTENANCE FUND TO THE STORM DRAINAGE FUND
M. APPROVE FIRST AMENDED LEASE AGREEMENT BETWEEN THE CITY
OF EDEN PRAIRIE AND JENEKA, LLC FOR ENCORE BOUTIQUE AT 8022
DEN ROAD
N. APPROVE PURCHASE OF WETLAND CREDITS IN CONNECTION WITH
THE SHADY OAK SOUTH PROJECT
MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-G,
I-L, and N of the Consent Calendar. Motion carried 4-0.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item H of
the Consent Calendar. Motion carried 3-0-1, with Case abstaining.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Item M
of the Consent Calendar. Motion carried 3-0-1, with Case abstaining.
IX. PUBLIC HEARINGS/MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Nelson, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Butcher Wickstrom, Case,
Nelson, and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. FIRST AND SECOND READINGS OF ORDINANCE NO. 18-2014
GRANTING HRA AUTHORITY TO EXERCISE THE POWERS GRANTED
TO THE CITY BY MINN. STAT. CHAP. 462C
Getschow said this is first and second readings of an ordinance that gives authority
to the HRA to follow through on such issues as the refinancing for the Castle Ridge
Apartments, LLC.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the first
and second readings of Ordinance 18-2014 granting the Housing and
Redevelopment Authority in and for the City of Eden Prairie the powers granted to
the City by Minn. Stat. Chap. 462C. Motion carried 4-0.
B. RESOLUTION NO. 2014-80 APPROVING ISSUANCE OF REVENUE
BONDS BY THE HOUSING AND REDEVELOPMENT AUTHORITY TO
REFINANCE A MULTIFAMILY HOUSING DEVELOPMENT FOR THE
BENEFIT OF CASTLE RIDGE APARTMENTS, LLC
Getschow noted this is the same action at the City Council level as was taken earlier
tonight at the HRA meeting for the Castle Ridge Apartment project.
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MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution
No. 2014-80 approving the issuance of revenue bonds by the Housing and
Redevelopment Authority in and for the City of Eden Prairie under Minn. Stat.
Chap. 462C to refinance a multifamily housing development for the benefit of
Castle Ridge Apartments, LLC. Motion carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
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
1. Adopt Resolution No. 2014-79 Authorizing Acquisition of 11201 Burr
Ride Lane
Ellis said this property was declared a hazardous building, demolished, and
removed by the City. The City now seeks to acquire the property to
construct a storm sewer system and to stabilize and repair soils. After
negotiations by and between the City Attorney's office and the attorney for
the owners of the property, the City Attorney's office recommends the City
purchase the property for$450,000.00 in exchange for a full and final release
and waiver of any and all claims the owners of the property have, or may
have, against the City.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt
Resolution No. 2014-79 authorizing execution of the negotiated Settlement
Agreement, Release, and Waiver and other documents necessary to
conclude the acquisition of 11201 Burr Ridge Lane for$450,000. Motion
carried 4-0.
2. Establishment of Slow-No Wake Restrictions
Tyra-Lukens noted this is an issue that Council Member Aho brought up at a
previous Council meeting.
Ellis said at the last Council meeting we had been going through a period of
extensive rain events which prompted the discussion about establishing an
ordinance in order to have a more rapid response to such conditions in the
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future. We have been working with the DNR on the process necessary to
draft an ordinance. The process would include our holding a public hearing
and then sending a transcript of public comment to the DNR along with the
proposed ordinance. The DNR would make a determination if they supported
the ordinance. If they supported the ordinance, we would then be able to
come back through the normal process of our first and second readings.
When water levels rose above the high water levels established by the DNR
for every lake in the State, there would be an automatic no-wake restriction
placed on the lakes included in the ordinance. If there is interest in moving
forward, staff would come back at a future City Council meeting with the
proposed ordinance and the Council would host a public meeting. He noted
staff recommends looking at restrictions for Bryant Lake, Staring Lake and
Lake Riley only.
Case asked if we have statutory authority over Riley. Ellis said we would
need to enact an ordinance similar to that of Chanhassen's. Case noted the
main damage of boats to the shorelines from high water conditions occurs to
private property around the lakes, and Staring does not have such a situation
with private property. Ellis said Riley and Bryant would be the focus of our
attention,but Staring Lake has the potential to be a destination as the water
quality improves. Case said he would be in favor of drafting such an
ordinance.
Tyra-Lukens said we heard from residents around Bryant Lake who wanted
something done, and this would provide an instrument we could use to
respond more quickly.
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 Nelson, to adjourn the meeting. Motion carried 4-
0. Mayor Tyra-Lukens adjourned the meeting at 7:28 PM.