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City Council - 09/06/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 6, 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 Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Siira Gunderson 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 members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. She said Items VIILC. and D. are to be removed from tonight's Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16, 2011 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, August 16, 2011 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16, 2011 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 16, 2011 as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES September 6, 2011 Page 2 B. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC. Second Reading of Ordinance 11-201 1-PUD-6-201 lfor Planned Unit District Review with waivers and Zoning District Change from Public to R1-13.5 on 6.5 acres. Location: 17850 Duck Lake Trail. (Ordinance 11-2011-PUD-6-2011 for PUD District Review and Zoning District Change) C. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp. Second Reading of the Ordinance for Planned Unit District Review with waivers and Zoning District Amendment within the Office Zoning District on 11.19 acres, Site Plan Review on 11.19 acres. Location: 3 Capital Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) D. PRAIRIE RIDGE by Manley Development. Second Reading of the Ordinance for Planned Unit District Review with waivers and Zoning District Change from R1-22 to R1-13.5 on 9.69 acres. Location: 17555 Duck Lake Trail. (Ordinance for PUD District Review and Zoning District Change) E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR THE SHADY OAK ROAD IMPROVEMENTS F. AWARD CONTRACT FOR THE DEBBIE LANE AND ELLIE LANE DRAINTILE PROJECT TO KLEIN UNDERGROUND LLC G. AWARD CONTRACT FOR THE NEILL LAKE BERM STABILIZATION PROJECT TO COBALT CONSTRUCTION H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC FOR THE NEILL LAKE BERM I. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF A DIGITAL VIDEO SURVEILLANCE SYSTEM AT THE WATER TREATMENT PLANT TO USA SECURITY INC. J. AWARD BID FOR TRAIL WORK AND RECONSTRUCTION ALONG SEGMENTS OF MITCHELL AND BAKER ROAD TO MIDWEST ASPHALT CORPORATION K. ADOPT RESOLUTION 2011-74 DECLARING PROPERTY AS "ABANDONED PROPERTY" L. APPROVE CONTRACT FOR PROFESSIONAL SERVICES FOR RILEY LAKE TRAIL EXTENSION M. DECLARE OBSOLETE RADIO EQUIPMENT AS SURPLUS MOTION: Case moved, seconded by Nelson, to approve Items A, B, and E-M on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES September 6, 2011 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. UNITED HEALTH GROUP by United Health Group. Request for: Planned Unit Development Concept Review on 71 acres, Planned Unit District Review with waivers and Zoning District Change from Rural to Office on 71 acres, Site Plan Review on 71 acres and Preliminary Plat of 71 acres into 1 lot. Location: Hwy 62 and Shady Oak Rd. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution for Preliminary Plat) Getschow said official notice of this public hearing was published in the August 25, 2011, Eden Prairie News and sent to 123 property owners. He said United Health Group is requesting a continuance to the September 20, 2011 meeting. MOTION: Case moved, seconded by Nelson, to continue the public hearing to the September 20, 2011 meeting. Motion carried 5-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTERS 2 AND 11 BY RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS AND VARIANCES Getschow said variances have been in the news for some time. The governor recently signed into law changes to the statute relating to variances. The City Attorney has drafted a code amendment to match the language in the State statutes. The Planning Commission voted 5-0 to recommend approval of the ordinance at the August 8, 2011 meeting. Official notice of this public hearing was published in the August 25, 2011, Eden Prairie News. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1 st Reading of the Ordinance amending City Code Chapter 2 and 11 by amending Section 2.26, 11.45 and 11.76 relating to the board of adjustment and appeals and variances, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 5-0. C. RESOLUTION 2011-75 TO APPROVE CITY APPLICATION TO DEED FOR A FORGIVABLE LOAN TO ROSEMOUNT- EMERSON Getschow said official notice of this public hearing was published in the August 25, 2011, Eden Prairie News. He said Emerson plans to invest about$24,000,000 to renovate their building at 12005 Technology Drive in Eden Prairie. To help offset these costs they are pursuing a$500,000 forgivable loan (grant) through the Department of Employment and Economic Development's (DEED) Minnesota Investment Fund (MIF). This program requires the City to apply for the loan in behalf of the business and act as the conduit between DEED and the business. DEED requires the City where the qualifying business is located to hold a public CITY COUNCIL MINUTES September 6, 2011 Page 4 hearing before submitting an application. He said staff sees this as a positive development in the community with one of our major businesses investing in their property. Nelson noted she attended a meeting on the LRT to go over some of the things that are going on in the area and she was very impressed with this project. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2011-75 authorizing application to the Department of Employment and Economic Development(DEED) for a $500,000 forgivable loan to Rosemount-Emerson through DEED's Minnesota Investment Fund (MIF). Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, 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. Observance of Anniversary of 9/11 Tyra-Lukens said there will be an observance of the 9/11 anniversary on Sunday, September 11 at Grace Church from 12:00 to 3:00 PM with a memorial service from 3:00 to 4:30 PM. She noted Council Members Aho and Butcher Wickstrom will attend the event. B. REPORT OF CITY MANAGER 1. Resolution 2011-76 Certifying Proposed 2012 Property Tax Levy, Accepting Proposed 2012 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy Getschow said we are continuing on with the budget process. Cities must adopt a proposed net property tax levy by September 15 and set a date for a public hearing. In addition, the City Council must accept a proposed budget for the coming year. The Council must adopt the final tax levy and budget CITY COUNCIL MINUTES September 6, 2011 Page 5 by December 20. He said the preliminary tax levy is set at .91%. It could be reduced between now and December, but it could not be raised. He said there will be further discussion of the budget and a full presentation and public meeting in December prior to the adoption of the budget. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2011-76 that certifies the proposed 2012 property tax levy to be $32,258,990, sets December 6th, 2011 as the meeting which will include discussion of the budget and provide for public comment, accepts the proposed 2012 budget of $38,345,174, and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. Tyra-Lukens noted the Council has been studying this throughout the year and the Council's workshop prior to tonight's meeting was about the preliminary levy and budget. The Council has had questions answered and are comfortable with the proposal. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Cummins Grill House Lease Amendment Jeremiah said a year ago the City approved a lease with the Historical Society for use of the Cummins Grill House and for making improvements in the property. We have been reviewing various proposals for the property under the terms of the lease which states that any improvements to the property will be in compliance with the standards of the Department of the Interior. She said staff feels it is beneficial to clarify the lease in a number of different areas. Capital improvements need to conform with Department of the Interior standards, but there are different categories of standards. Because it is difficult to meet all of the standards, we wanted to clarify that we would be looking at the rehabilitation standards. There was some confusion as to which City staff person has the final say in approving any kind of allowable use or capital improvements. The lease is clarified to say that the City Manager or his designee will be responsible. This has been reviewed by the Historical Society Boar, and they are comfortable with the amendments. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the First Amended and Restated Lease Agreement for Historical Society Use and Improvement of the Cummins Grill House. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES September 6, 2011 Page 6 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:19 PM.