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City Council - 10/18/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 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: City Manager Rick Getschow, Public Works Director Robert Ellis, 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. 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. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 4, 2011 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 4, 2011 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 4, 2011 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES October 18, 2011 Page 2 B. SECOND READING OF ORDINANCE NO. 14-2011 AMENDING CITY CODE CHAPTERS 2 AND 11 RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS AND VARIANCES AND ADOPT RESOLUTION NO. 2011-87 APPROVING SUMMARY ORDINANCE C. ADOPT RESOLUTION NO. 2011-88 APPROVING FINAL PLAT OF GRAND HAVEN AT MARSH COVE D. AWARD CONTRACT TO REPLACE HERITAGE ROOMS MOVEABLE PARTITIONS TO W. L. HALL CO. E. ADOPT RESOLUTION NO. 2011-89 DECLARING"ABANDONED PROPERTY" F. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE FACILITY G. APPROVE CHANGE ORDER#1 FOR CHEROKEE TRAIL UTILITY RELOCATION PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR DESIGN OF TWO STORMWATER PONDS I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS J. ADOPT RESOLUTION NO. 2011-90 ADVISING DISPOSITION OF TAX FORFEITED LAND MOTION: Nelson moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2011-91 APPROVING SPECIAL ASSESSMENTS Getschow said on an annual basis we have a public hearing and a resolution to approve miscellaneous special assessments that have been identified throughout the year. The total amount for this year is $407,354.92, the vast majority of which is due to the trail project through Bearpath. The other special assessments included are for trunk and lateral utility assessments and contracted removal assessments. He said the City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 20, 2011. The exhibit listing all the assessments was included in the packet. Official notice of this public hearing was published in the September 29, 2011, Eden Prairie News. CITY COUNCIL MINUTES October 18, 2011 Page 3 There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing for the approval of the 2011 special assessments, and to adopt Resolution No. 2011-91 approving all special assessments. Motion carried 4-0. B. RESOLUTION NO. 2011-92 RELATING TO PROPOSED REFUNDING; GIVING APPROVAL TO REFUNDING OF CITY'S GENERAL OBLIGATION BONDS, SERIES 2005C AND GENERAL OBLIGATION BONDS, SERIES 2006A Getschow said this item is a public hearing relating to the refunding of the City's General Obligation bonds. The bonds we are discussing tonight are related to the Community Center. There are some naming rights at the Community Center so a public hearing is required. This refunding involves two sets of bonds for a potential savings of$370,000, depending on the actual interest rate. He said the Council will consider the award of sale for the refunding on November 15. The City has, by resolution adopted on September 20, 2011, called for a public hearing to be held on the proposal that the City give approval for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), to the refunding of all or a portion of the City's outstanding General Obligation Bonds, Series 2005C and General Obligation Bonds, Series 2006A (the "Refunded Bonds"). The Refunded Bonds were originally, and the obligations planned to be issued in one or more series (the "Bonds") are proposed to be issued, in part, to refinance a portion of the cost of improvements to the City's community center(the "Project"). The Project is located at 16700 Valley View Road, Eden Prairie, Minnesota 55346. The Project is expected to be used by the general public, the City and qualified 501(c)(3) organizations. Official notice of this public hearing was published in the September 29, 2011, Eden Prairie News. Nelson asked if this will affect the naming rights. Getschow said it does not affect them,but it does require a public hearing because naming rights exist at the Community Center. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2011-92 relating to a proposed refunding, giving approval to refunding of City's General Obligation Bonds, Series 2005C and General Obligation Bonds, Series 2006A. Motion carried 4-0. 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, Case, Nelson, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES October 18, 2011 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Southwest Transit Award--Mayor Tyra-Lukens Tyra-Lukens said last Wednesday she had the opportunity to present an award to the Operations Team at Southwest Transit. The annual award for innovations was won for their park-out program. They park buses downtown after the morning rush hour and shuttle the drivers back and forth rather than moving the buses back and forth. This cuts down on two dead paths and has saved Southwest Transit about$165,000 per year in fuel costs. 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:09 PM.