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City Council - 04/19/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 19, 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: City Manager Rick Getschow, Public Works Director Gene Dietz, 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. Tyra-Lukens noted this is the first meeting with our new City Manager Rick Getschow. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HENNEPIN COUNTY LIBRARY UPDATE Dillon Young, Senior Librarian at the Eden Prairie Library, presented an update. He reviewed the highlights of the library during 2010, noting the Hennepin County website has been updated and now includes a job database with access to live people, a digital catalog, and an application for iPhones, Androids and Blackberries. He reviewed their focus areas for 2011 and said they will coordinate several events with community organizations. They have over 100 volunteers who help with programs and with tasks such as shelving books. Tyra-Lukens said she was excited to hear we are still No. 1 in circulation. She asked if eBooks are considered part of the checkout totals. Young said those are considered their own library. B. TOUR DE TONKA PRESENTATION Tim Litfin, Community Education Officer at Minnetonka Public Schools, gave an overview of the upcoming Tour de Tonka. He noted part of the course comes through Eden Prairie this year. The event will be held Saturday, August 6 and they will need many volunteers for it. CITY COUNCIL MINUTES April 19, 2011 Page 2 C. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation declaring May 7, 2011 as Arbor Day in the City of Eden Prairie. She noted aerial photos of Eden Prairie show we have far more trees today than we did in the 1940's and 50's. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.2, 3, and 4. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, March 15, 2011, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2011 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, March 15, 2011, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS C. AWARD CONTRACT FOR COMMUNITY CENTER STANDBY GENERATOR D. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD ATHLETIC FIELD EXPANSION CONSTRUCTION SERVICES E. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RICE MARSH LAKE TRAIL CONSTRUCTION SERVICES F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING SERVICES AT FLYING CLOUD FIELD EXPANSION PROJECT G. AWARD CONTRACT FOR 2011 STREET STRIPING TO AAA STRIPING SERVICE COMPANY CITY COUNCIL MINUTES April 19, 2011 Page 3 H. AWARD CONTRACT FOR 2011 BITUMINOUS CRACKSEALING TO PRECISION SEALCOATING INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF MITCHELL ROAD SOUTH OF CSAH 1 (PIONEER TRAIL) J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2011 WATER QUALITY MONITORING PROGRAM K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF INC. FOR FINAL DESIGN AND CONSTRUCTION SERVICES FOR REPAIR OF THE NEILL LAKE BERM L. AWARD CONTRACT TO REPLACE METAL ROOF AT CITY CENTER BUILDING TO JOHN A DALSIN AND SONS ROOFING M. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINE (ATM) AT CITY CENTER AND COMMUNITY CENTER N. APPROVE 2010 UNBUDGETED FUND TRANSFERS O. APPROVE PROCLAMATION FOR STANDUP FOR KIDS FOUNDATION MOTION: Case moved, seconded by Nelson, to approve Items A-O on the Consent Calendar. Regarding Item K, Nelson asked if the planned repairs will lower the lake level. Dietz said there will not be any change in water elevation with this work. VOTE ON THE MOTION: Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. WEDDING DAY DIAMONDS by Tanek, Inc. Planned Unit Development Concept Amendment on 0.69 acres, Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres. Location: 8320 Crystal View Rd. (Resolution No. 2011-36 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Getschow said this project is a 3,224 square foot mezzanine addition to the existing building. The mezzanine level is above the existing parking lot. Based on the total square feet for the building a total of 33 spaces are required. The plan shows 33 spaces. The building meets the exterior material requirements for 75% face brick, glass, and natural stone. Rooftop mechanical screening and brick trash enclosure CITY COUNCIL MINUTES April 19, 2011 Page 4 are proposed. The 120-day review period expires on July 1, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. Official notice of this public hearing was published in the April 7, 2011, Eden Prairie News and was sent to 20 property owners. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2011-36 for Planned Unit Development Concept amendment on 0.69 acres; to approve 1 st reading of the ordinance for Planned Unit Development District review and Zoning District amendment within the Commercial Regional Service Zoning District on 0.69 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. B. REDSTONE AMERICAN GRILL by Jim Sultany. Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres. Location: 8000 Den Road. (Resolution No. 2011-37 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Getschow said this project is a 1,000 square foot banquet room addition to the existing building. The project requires two waivers: A shoreland setback waiver from 200 feet to 110 feet and an impervious surface waiver from .734 to .737 or 389 square feet. Getschow said in 2001 the City granted a shoreland setback waiver to 60 feet for the existing building. Reasons to consider the waiver are that the addition is further from the lake than the existing building; and the proposed setback is consistent with other setbacks for existing buildings adjacent to the lake. In 2001 an impervious surface waiver was granted based on mitigation which was the construction of a treatment pond. The plan has been revised to increase the stormwater pond size to show mitigation for increased impervious surface. The 120-day review period expires on July 15, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. Official notice of this public hearing was published in the April 7, 2011, Eden Prairie News and sent to 16 property owners. Case said we have expressed the thought that our ponds will be filling up, and he asked if the expansion of the current pond will require us to look at how it has been functioning. Dietz said that raises a good question, and he did not know the answer at this point. This is a very small expansion, and he didn't know that our rules would make them clean out the existing pond. We are collecting storm water fees from the site and that would be our responsibility if the pond is in public water. Case thought it might be an opportune time to get actual feedback to see how the ponds are functioning. Dietz said that was a good point and staff will look into it. CITY COUNCIL MINUTES April 19, 2011 Page 5 Tyra-Lukens asked about the parking issue. Jeremiah said they will lose five parking spaces, but they still exceed our minimum parking requirements. The parking appears to be adequate and she has not been aware of any problems with parking in fire lanes or other restricted areas. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2011-37 for Planned Unit Development Concept amendment on 2.97 acres; to approve 1 st reading of the ordinance for Planned Unit Development District review and Zoning District amendment within the Commercial Regional Service Zoning District on 2.97 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a grading permit for Redstone American Grill project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 14, 2011, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the Redstone American Grill project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated April 14, 2011, as approved by the City Council. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE, ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL Getschow said this code amendment is adding cast stone, cultured stone, architectural precast, and precast concrete panel to the list of exterior materials in the 75% category in Commercial, Office, Town Center, High Density and Public Zoning Districts. The reasons for doing this are as follows: • It looks like real stone. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. Aho asked if we feel there is a good track record in terms of longevity and if we know the products will hold up as well as other materials. Jeremiah said we are one of the last cities to come around on this issue because we were very adamant that they have a good track record. She said they do have a good track record and have been used in other places for many years. They continue to maintain aesthetic value as well. She thought the development community will be pleased with this amendment. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the Public Hearing, to approve 1st reading of the ordinance to amend City Code Section chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural CITY COUNCIL MINUTES April 19, 2011 Page 6 precast and precast concrete panel, to amend section 11.03, subdivision 3.k relating to architectural standards, and to adopt by reference city code chapter 1 and section 11.99, which among other things contain penalty provisions. 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Readers Digest Donation—Mayor Tyra-Lukens Tyra-Lukens said the Reader's Digest"We Hear You America" made a stop at City Center on April 13 to present a$1,000 stimulus check to the City. The purpose of the stimulus check is to promote and financially stimulate our city. 2. Landfill—Mayor Tyra-Lukens Tyra-Lukens said at the last Council workshop we had a presentation from the Minnesota Pollution Control Agency (MPCA) about possible solutions to deal with our landfill and the Hopkins landfill. One of the proposals was to open up our landfill for repairs, which needs to be done regardless, and to bring Hopkins' garbage from their dump to our landfill. They did not ask us for a formal vote at the workshop,but she is very concerned about this. All of the Council Members have received phone calls and emails about it. The landfill was a very hot topic in the early 1990's. She said they do need to open up the landfill to make some repairs to allow for better drainage. She said she would like to have the Council take a vote tonight whether we would entertain the idea of taking the garbage from Hopkins. Aho noted it would take a 4/5 vote of the Council to approve it. MOTION: Case moved, seconded by Aho, to go on record that the City Council will not vote to accept landfill contents from the Hopkins landfill. Motion carried 4-0. Nelson said this is a lot of garbage to move, and it doesn't seem very logical to do this. CITY COUNCIL MINUTES April 19, 2011 Page 7 Case said he wanted to underscore that residents will see the landfill opened up in the future in order to make the necessary repairs. It is currently gathering surface water which has to be corrected. He said the MPCA has the authority to do the repairs but does not have the funding for it at this point. Nelson said the gas extraction system is not operational and they need to correct that. She said they keep learning about how to safely close the large landfills, and ours isn't quite "up to snuff." It is her understanding that they will do this in sections to try to keep the odor down. Aho said the MPCA does have jurisdictional authority, and they can do the repairs without the permission of Eden Prairie. We have not been given any schedules or dates as to when the project would be undertaken, and we don't have much control over when and if it is done. Case said to clarify they have the jurisdiction to fix the current landfill but would need our vote to expand it. Aho said they plan to fix it by taking off a layer of dirt over the liner because there is not enough scope on the cover to allow water to drain off it. The water pools on the cover and that is not desirable. It would be repaired to re- scope the surface of the trash and put a new cover over the top so the water doesn't pool. Getschow said this was a state proposal. The two communities did not bring forth the proposal so a vote is not required. If they are going to do the work, they will have a public process for the neighbors in the area. We have no input about when that occurs,but there is no funding at the current time. The MPCA will attempt to involve as many residents who are affected as possible when the time comes. Rosow said 21 years ago City Manager Carl Jullie and he negotiated the agreement to close the landfill, and he never dreamed he would be watching the item come back. He said without the restrictive covenant negotiated at that time, they would have not had to ask our permission to add to the landfill. 3. League of Minnesota Cities Annual Meeting—Mayor Tyra-Lukens Tyra-Lukens said when the Council discussed their goals for the year in January she expressed her desire to get the community involved in conversation about such things as our services and the tax situation. We had an opportunity to apply to the League of Minnesota Cities to participate in their Community Conversations program. They work with cities to facilitate these types of conversation. We applied and were approved for this program. As part of being selected for the program, they are giving us a free registration for their annual meeting in June. Getschow said it will be held on June 15-17 in Rochester. 4. Chinese Delegation—Mayor Tyra-Lukens CITY COUNCIL MINUTES April 19, 2011 Page 8 Tyra-Lukens said we had a visit from a delegation of officials from the city of Lodi, China. We have had an ongoing relationship with Lodi for a number of years. We hosted a reception for them yesterday afternoon and exchanged gifts. B. REPORT OF CITY MANAGER 1. Earl Willford Award Getschow said last Wednesday the City received the Earl Willford Labor Management Cooperation and Partnership Award. Our receipt of the award was attributed to our receiving the ranking of No. 1 City in the U.S. He said the award shows the excellent cooperation we have between labor and management and our ongoing conversation to discuss better ways of doing things. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Modification of Housing Rehab Loan Repayment Agreement Jeremiah said for the last 20 years the City's Housing Rehab Loan program included a 5% simple interest rate which accrues for a period of ten years. Staff is recommending eliminating the interest as it is no longer competitive and may be stifling homeowner participation because lower interest rates are available elsewhere. Also, the value of the repairs and improvements (e.g., new roof shingles) tend to depreciate over time, while the interest results in a higher repayment than the cost of the original rehabilitation. Jeremiah said the Rehab Loan Program utilizes federal CDBG funds and repayments from previous loans. There are currently 72 rehab loans open. Of those, 15 no longer accrue interest. The remaining 57 would cease accruing interest as of the date of Council action on this change. Rehab loan holders would be notified of the change in the terms and would be asked to sign a loan modification statement. The Repayment Agreement would be modified to eliminate the accrual of interest from this date forward. Future loans opened would not be subject to interest. She said Jeanne Karschnia is the part time staff person working on this. MOTION: Case moved, seconded by Aho, to approve the modification of the Housing Rehab Loan Repayment Agreement, which eliminates the 5% interest rate. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES April 19, 2011 Page 9 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION Rosow said the Council will move to closed session to discuss potential litigation with the BearPath Ltd. Partnership. He noted no formal action would be taken tonight and the Council will adjourn from closed session. The Council moved to closed session at 7:57 PM. XVII. ADJOURNMENT Mayor Tyra-Lukens adjourned the meeting at 8:22 PM.