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City 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 CITY COUNCIL MINUTES March 1, 2011 Page 2 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 CITY COUNCIL MINUTES March 1, 2011 Page 3 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. CITY COUNCIL MINUTES March 1, 2011 Page 4 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 CITY COUNCIL MINUTES March 1, 2011 Page 5 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 CITY COUNCIL MINUTES March 1, 2011 Page 6 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 CITY COUNCIL MINUTES March 1, 2011 Page 7 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 CITY COUNCIL MINUTES March 1, 2011 Page 8 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.