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City 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. CITY COUNCIL MINUTES January 18, 2011 Page 2 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 CITY COUNCIL MINUTES January 18, 2011 Page 3 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. CITY COUNCIL MINUTES January 18, 2011 Page 4 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 CITY COUNCIL MINUTES January 18, 2011 Page 5 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 CITY COUNCIL MINUTES January 18, 2011 Page 6 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.