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City Council - 05/17/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 17, 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. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Getschow said Minnesota statutes require by June 30 of each year, the City prepare a financial report for the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern, Dewenter, Viere, Ltd. The auditing firm issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. Mr. Wischmann, partner in the accounting firm, said three documents are issued as part of the process. The Comprehensive Annual Financial Report is the official document, and that report will be submitted for approval of the Certificate of Achievement Award given for the highest level in excellence in reporting. He said the City had a very stable 2010 and remains in excellent financial condition. Tyra-Lukens noted the Council had a workshop prior to tonight's meeting to meet with Mr. Wischmann and to review the financial documents. MOTION: Nelson moved, seconded by Butcher Wickstrom, to accept the 2010 Comprehensive Annual Financial Report (CAFR). Nelson thanked the Finance Department for helping to keep us in this wonderful condition. CITY COUNCIL MINUTES May 17, 2011 Page 2 VOTE ON THE MOTION: Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Items XIV.A.1. and 2. Getschow said there are two Consent Calendar items on goldenrod paper including one additional item. Rosow noted the Council will meet in closed session before adjourning. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2011 Tyra-Lukens said Page 2, Paragraph 1, Sentence 2, should be changed to "She would like to know if they have fees or other funding mechanisms that should be considered in looking at the overall tax burden." MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, May 3, 2011, as amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2011 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 3, 2011, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WEDDING DAY DIAMONDS by Tanek, Inc. Second Reading of Ordinance No. 5-2011-PUD-2-2011 for Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres, Resolution No. 2011-39 for Site Plan Review on 0.69 acres. Location: 8320 Crystal View Rd. (Ordinance No. 5-2011-PUD-2-2011 for PUD District Review and Zoning District Amendment; Resolution No. 2011-39 for Site Plan Review) C. RIDGE AT RILEY CREEK 4TH ADDITION by JMS Custom Homes, LLC. Second Reading of Ordinance No. 6-2011-PUD-3-2011 for Planned Unit Development District Review on 0.65 acres and Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres. Location: 9707 Sky Lane. (Ordinance No. 6-2011-PUD-3-2011for PUD District Review and Zoning District Amendment) CITY COUNCIL MINUTES May 17, 2011 Page 3 D. APPROVE SECOND READING OF ORDINANCE NO. 7-2011 AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE,ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL AND ADOPT RESOLUTION NO. 2011-40 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2011-41 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 4TH ADDITION F. ADOPT RESOLUTION NO. 2011-42 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR COUNTY PARTICIPATION IN STORM SEWER COSTS FOR FLYING CLOUD FIELDS G. AWARD CONTRACT FOR 2011 STREET SEALCOATING TO PEARSON BROTHERS, INC. H. AWARD CONTRACT FOR 2011 STREET BITUMINOUS OVERLAY PROJECT TO BITUMINOUS ROADWAYS, INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR CITY WEST TRAFFIC STUDY J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR THE LANDSCAPE PLAN FOR CSAH1 (BETWEEN FLYING CLOUD DR AND SHETLAND ROAD) K. AWARD THE CONTRACT FOR PLAYGROUND EQUIPMENT AT PIONEER PARK TO FLANAGAN SALES INC. L. APPROVE THE SECOND AMENDMENT TO THE 2009 REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP M. AWARD CONTRACT TO LAVAN FLOOR COVERING COMPANY TO REPLACE CARPET IN THE COMMUNITY CENTER LOBBY N. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 O. APPROVE THE CITY'S FINANCIAL POLICIES FOR THE 2012/2013 BUDGET P. APPROVE THE LEASE AGREEMENT WITH THE METROPOLITAN AIRPORTS COMMISSION FOR THE COMMUNITY GARDEN PLOTS AREA MOTION: Aho moved, seconded by Case, to approve Items A-P on the Consent Calendar. CITY COUNCIL MINUTES May 17, 2011 Page 4 Case said he had a question that relates somewhat to Item X.P and concerns the historic lookout area. He wondered if the fact we are agreeing to the garden plots having people visitation could reopen the issue regarding the lookout area. He would like to refer the lookout area back to the Flying Cloud Airport Advisory Commission (FCAAC) to see if we could have some limited people visitation rights there. Lotthammer said we have some kind of a lookout area planned in the Capital Improvement Plan. His understanding is that the north/south runway directs aircraft directly over the old lookout park, but he agreed with asking the FCAAC to look into the issue. Just today he and a couple of landscape architects were doing photo reconnaissance in the area and looking at a trail outlet to be located a couple of hundred yards down from the lookout area. He said the lookout area is a ruin now, but there is still some value to it. This is something that is on our radar, and staff is actively working to explore this and other options in the area. Butcher Wickstrom said she agreed that it is one of the most beautiful spots in Eden Prairie but it really isn't accessible. There was a lot of debris and rubbish from people partying there, and she has been worried about the site. People were actually harvesting the historic stone from the site. She would like to have it be an historic place where people can visit. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. ERIC SCHAFFER ADDITION by Eric Schaffer. Request for Preliminary Plat on 1.5 acres into two lots. Location: 6451 Evergreen Ct& 6516 Kurtz Lane. (Resolution No. 2011-43 for Preliminary Plat) Getschow said the property owners have agreed to relocate a common lot line between the two properties. Proposed lot one will increase in size from 22,000 sq. ft. to 40,849 sq. ft. Proposed lot two will decrease in size from 43,363 sq. ft. to 24,552 sq. ft. Both lots meet the requirements of the R1-22 zoning district. A resolution for final approval of the subdivision is located in the ordinances and resolutions section of the agenda. The 120-day review period expires on July 24, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the April 25, 2011 meeting. Official notice of this public hearing was published in the May 5, 2011, Eden Prairie News and was sent to 47 property owners. Nelson said she was curious about the reason for doing this. Eric Schaffer, 6451 Evergreen Ct., said the property is not being used, and he would like to see it stay a wildlife preserve. Richard Hunt, 6516 Kurtz Lane, said his son, Joseph Hunt, is one of the property owners. He said Mr. Schaffer is acquiring the section that is in back and to the side that is of no use to his son but is an advantage to Mr. Schaffer. There were no comments from the audience. CITY COUNCIL MINUTES May 17, 2011 Page 5 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2011-43 for preliminary plat on 1.5 acres into 2 lots. Motion carried 5-0. B. RESOLUTIONS AMENDING TIF DISTRICT#15 PLAN AND PROJECT MANAGEMENT AGREEMENT (SUMMIT PLACE SENIOR HOUSING PROJECT) Getschow said this public hearing was continued from the May 3 City Council meeting. The proponent is asking that it be continued again to the June 14th meeting. MOTION: Nelson moved, seconded by Aho, to continue the public hearing to June 14, 2011. 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 A. RESOLUTION NO. 2011-44 APPROVING FINAL PLAT OF THE ERIC SCHAFFER ADDITION Getschow said preliminary plat for this item was just approved by the Council in Item IX.A. He noted approval of this resolution will require a unanimous vote of the City Council. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-44 approving the final plat of Eric Schaffer Addition. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Southwest Light Rail Transit (SWLRT) Community Works Group— Mayor Tyra-Lukens Tyra-Lukens said she received feedback from the SWLRT Community Works group that they would like both the regular and the alternate members to be Council Members. We have been represented by Council CITY COUNCIL MINUTES May 17, 2011 Page 6 Member Nelson as our delegate and Janet Jeremiah as alternate. Council Member Aho has indicated his willingness to serve as the alternate member, so she proposed appointing him to serve in that capacity. She said Ms Jeremiah will continue to attend the meetings as a staff member. MOTION: Nelson moved, seconded by Case, to appoint Council Member Aho as the alternate to the Southwest Light Rail Transit Community Works group. Motion carried 5-0. 2. Public Works Director Gene Dietz Retirement—Mayor Tyra-Lukens Tyra-Lukens said this is an important meeting for the City because our Public Works Director is retiring after 30 years of service to the City. She said Mr. Dietz has done wonderful things for the City and has been a very calm and dedicated employee who is very good at explaining things. She thanked him for his years of work. Aho said we will miss Mr. Dietz and he hoped he would be available for questions. Case said he has known Mr. Dietz for a long time and he has a unique combination of engineering and public relation skills. He will be greatly missed. Getschow said Mr. Dietz is a great employee and a leader of City staff. He is very well respected by City staff and throughout the State. Butcher Wickstrom said she has worked with Mr. Dietz for two or three decades and she could always count on him. She could always trust his judgment,perceptions and negotiations, and she didn't know what we will do without him. Nelson said in the last 30 years most of the roads and public works in the City have gone across Mr. Dietz' desk so the City owes him a debt of gratitude. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Reallocation of 2010 and 2011 CDBG Funds Jeremiah said staff is trying to combine the reallocation of 2010 funds with the 2011 funds. There is an additional $4,000 in 2010 CDBG funds because we stopped funding HOME Line based on a recommendation from HUD. There is also an additional $1,500 in program income. She said the Human Services Review Committee met to discuss the 2010 and 2011 allocations. The committee is recommending that the $4,000 for 2010 be reallocated to the CAPSH emergency vehicle repair. Staff received the final figures from HUD and made some recommended changes in the estimated amounts because of the final figures and the adjustment for HOME Line. For 2011 they recommended raising the YMCA childcare subsidy by $1,000, increasing the HOME allocation to $9,000 and increasing the CAPSH allocation to $8,000. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the reallocation of 2010 and 2011 CDBG funds as recommended by the Eden CITY COUNCIL MINUTES May 17, 2011 Page 7 Prairie Human Services Review Committee. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Cost-Share Agreement with Nine Mile Creek Watershed District for Driveway and Parking Lot for Birch Island Woods Conservation Area Lotthammer said a concept plan for this item was brought before the Council several months ago. In the meantime Ms Stovring identified this as a project the Watershed District might look on favorably for a cost share program. After doing some research, we found a local company that produces a porous product that allows water to run directly through it. Using that material will mean we won't need to have as large a stormwater pond. The material is a little more costly, and that is why the partnership with the Watershed District is important. Final design plans are before the Council tonight and will also need to be approved by the Watershed District. If approved, we plan to start work in June. He said there are a couple of things that Mr. Rosow has pointed out in the agreement so he asked the project be approved subject to the additions to the document that will be made by Mr. Lotthammer and Mr. Rosow. Tyra-Lukens said she had the benefit of attending a demonstration of the porous product. It also filters impurities from the water over time, and she thought this is a wonderful place to test it and see if we want to use it elsewhere in the City. She asked where the extra $5,000 is coming from to cover the difference between the $50,000 cost, the $25,000 from the Watershed District and the $20,000 budgeted by the City. Lotthammer said we can do some of the work in-house, and there is a small amount in the operating budget for some materials. Nelson asked if there also needs to be a rain garden. Lotthammer said there may still need to be a small pond outlet. When the water drains through the concrete material, it goes down through a larger area so it has some under drainage. It would still carry some of the water off to the side in case of a large rain event. There will probably be a small swale, but the treatment capacity will be quite small. Nelson said this sounds like a nice innovative product, and she thought it would be good to put this as well as other similar things we are doing on the website. That would make it easy for people to see how it works. MOTION: Aho moved, seconded by Nelson, to authorize the City Manager to execute the Cost-Share Agreement with the Nine Mile Creek Watershed District for the construction of a driveway and parking lot for Birch Island Woods Conservation Area, subject to the terms and conditions added by City Attorney Rosow and Parks & Recreation Director Lotthammer. Motion carried 5-0. CITY COUNCIL MINUTES May 17, 2011 Page 8 2. United States of America Pickleball Association Grant Lotthammer said interest in pickleball has grown a lot in recent years. The existing tennis courts at Pioneer Park were lined according to official pickleball court dimensions, doubling the number of pickleball courts from two to four, based on the increased interest and demand by seniors for this newly offered community sport in the past year. These grant funds will cover the cost for two of the four new USAPA net systems purchased. MOTION: Case moved, seconded by Aho, to accept the USAPA Training Funds awarded to the City of Eden Prairie in the amount of$250 to be used toward expansion of the outdoor pickleball courts at Pioneer Park. Motion carried 5-0. 3. Metropolitan Regional Arts Council Grant for Eden Prairie Players Strategic Planning Lotthammer said the Metropolitan Regional Arts Council (MRAC) is the group in the art world that receives legacy funds and distributes them out. The MRAC has awarded the City of Eden Prairie —Eden Prairie Players a management consulting fund grant in the amount of$1,500 for the purpose of strategic planning,relating to community theatre. He said it will provide them with funds for some consulting and will help them develop a mission statement and a strategic plan for the next 20 years. MOTION: Butcher Wickstrom moved, seconded by Nelson, to accept the grant award from Metropolitan Regional Arts Council (MRAC), in the amount of$1,500, for strategic planning services. Motion carried 5-0. 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. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION Rosow said the Council will move to closed session to discuss a settlement of the threatened litigation against Bearpath. He said he anticipates the Council will come out of closed session to take action. The Council moved to closed session at 7:43 PM. The Council returned from closed session at 8:08 PM. CITY COUNCIL MINUTES May 17, 2011 Page 9 Rosow said the City initiated litigation last year with respect to the obligation to build a trail. After negotiations with Bearpath, it became clear we would have better success in negotiations if we dismissed without prejudice the law suit. We have continued negotiations with them and have come to an agreement for a special assessment and waiver against property owned by Bearpath Golf& Country Club in the amount of$300,000 with $75,000 paid up front. MOTION: Case moved, seconded by Aho, to approve the agreement with Bearpath with the change that specifies payment should be made in any event no later than the time of closing on their mortgage, and to authorize the Mayor and City Manager to execute the agreement. Motion carried 5-0. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:10 PM.