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City Council - 11/15/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 15, 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Acting Mayor Case thanked the Civil Air Patrol Color Detail for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. PROCLAMATION COMMEMORATING THE 70TH ANNIVERSARY OF CIVIL AIR PATROL Acting Mayor Case read a proclamation commemorating the 70th Anniversary of the Civil Air Patrol. He presented a certificate to Major Daniel Jorgenson of the Civil Air Patrol. B. UPDATE FROM HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison distributed a fact sheet about Hennepin County. She reviewed the budget proposals and property tax levy proposed for 2012 for the County. She said redistricting will have to occur because of the 2010 census, and the shifting of County Commissioner boundaries will probably take place in April of 2012. She thanked Council Members Nelson and Aho for their help on the Southwest LRT project. Butcher Wickstrom asked what will happen to the property once the County Service Center in Eden Prairie is closed. Callison said at this point she was not sure what will happen to it. Case noted he was disappointed that the County will be closing the facility and asked if efforts could be made to keep it open. CITY COUNCIL MINUTES November 15, 2011 Page 2 Nelson said she too urged the County to keep the Service Center open. She has heard from a number of seniors in the community who are concerned about closing it because of the hardship for them to use the other Service Centers. Butcher Wickstrom asked if the City could coordinate with the County to communicate the closing of the facility if the closing is necessary. Callison said they will do that. She said they realize they will need to plan to accommodate more people at the other service centers. They are encouraging residents to use other methods of obtaining services including using the internet. Case thanked her for the work she and the other Commissioners do for the County. Getschow noted the Council will have a presentation of the City budget on December 6. He said we are seeing property values decrease an average of about 3%, but the values are holding better than others in the county. He asked about the possibility of providing some of the county services online at the Eden Prairie library which is near the Service Center. Callison said that might be possible,but not all services are available online. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A.1. Case added Items XIV.A.2. and 3. Getschow added Item VIII.F. to the Consent Calendar. He said Item VIII.D. should be moved to Item XIV.11.1. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 3-0-1 with Butcher Wickstrom abstaining. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 18, 2011 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, October 18, 2011 as published. Motion carried 3-0-1 with Butcher Wickstrom abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 18, 2011 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, October 18, 2011 as published. Motion carried 3-0-1 with Butcher Wickstrom abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS Case said at the workshop tonight the Council met in joint session with the Conservation Commission and then received a report on the business survey done in conjunction with the Chamber of Commerce. CITY COUNCIL MINUTES November 15, 2011 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PROCLAMATION DESIGNATING NOVEMBER 26 AS SMALL BUSINESS SATURDAY C. ADOPT RESOLUTION NO. 2011-93 GRANTING COMCAST INC. A FRANCHISE EXTENSION TO APRIL 16, 2012 D. APPROVE STATEMENT OF WORK FROM LOGIS AND ADVANCED UTILITY SYSTEMS FOR DEVELOPING WEB SERVICES WITH ELEMENTS XS E. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2012 F. APPROVE EARLY ACCESS LICENSE AGREEMENT WITH UNITED HEALTH CARE SERVICES MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-C and E-F on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. VINTAGE 2ND ADDITION by Wooddale Builders, Inc. Request for: Preliminary Plat of.75 acres into 1 lot. Location: 10605 & 10611 Sonoma Ridge. (Resolution No. 2011-94 for Preliminary Plat) Getschow said this project is the combination of two existing lots into one lot. The project meets City code for lot size and setbacks in the R1-13.5 zoning district. The drainage and utility easement will be vacated as part of the project. No development agreement is necessary. The 120-day review period expires on January 31, 2012. The Planning Commission voted 6-0 to recommend approval of the project at the October 24, 2011 meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2011-94 for Preliminary Plat, combining two lots into one lot on 0.75 acres. Motion carried 4-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1 AND 2, BLOCK 1, THE VINTAGE (Resolution No. 2011-95) Getschow said this item follows the previous item and is a request for the vacation of all the drainage and utility easements to facilitate the plat of The Vintage 2nd CITY COUNCIL MINUTES November 15, 2011 Page 4 Addition for new home construction. The drainage and utility easements were originally dedicated with the plat of The Vintage. New drainage and utility easements will be dedicated with the plat of The Vintage 2nd Addition. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2011-95 vacating all the drainage and utility easements lying over, under and across Lot 1 and 2, Block 1, The Vintage according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 4-0. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO COMMERCIAL PUD IDENTIFICATION SIGNS Getschow said the proposed change is to allow a Commercial Planned Unit Development(PUD) area identification sign to identify the names of individual businesses within the development,provided there are two or more contiguous lots in the PUD. The code currently allows a PUD with three or more contiguous lots to have a sign that identifies the development. The sign cannot identify businesses in the development. No changes to height and size are proposed. The Planning Commission voted 6-0 to recommend approval of the code amendment at the October 24, 2011 meeting. He said this will allow flexibility in the ordinance to put an identification sign near the edge of the development that lists multiple businesses in addition to the development itself. Case said he thought this is long overdue. Aho said this is a great idea and offers our businesses a way to highlight their businesses and makes for a fairer playing field. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance amending City Code Section 11.70 relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 4-0. D. CONDITIONAL USE PERMIT AMENDMENT— SMITH DOUGLAS MORE HOUSE Getschow said the amendment is to relocate the 2,700 sq. ft. outside use area to the north due to the recent expansion of the Dunn Bros. parking lot. This will shift the outside use area approximately 50 feet to the north of the previous location. The conditional use permit amendment will expire December 31, 2017. A Certificate of Appropriateness is not required. The Planning Commission voted 6-0 to recommend approval at its October 24, 2011 meeting. CITY COUNCIL MINUTES November 15, 2011 Page 5 Case noted the City owns this building. We are enhancing the property and will also participate in the future profits. He noted there is a separate action under the Community Development Director's report that also covers this item. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to approve the conditional use permit amendment for the Smith Douglas More House. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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, Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2011-96 APPROVING FINAL PLAT OF THE VINTAGE 2ND ADDITION Getschow said this item goes along with Items IX.A. and IX.B. which dealt with the preliminary plat and vacation of easements for The Vintage 2nd Addition. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2011-96 approving the final plat of The Vintage 2nd Addition. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Digital Cities Survey Award--Councilmember Aho Aho said this past week at the National League of Cities Congressional meeting Eden Prairie received a Digital Cities Survey award from the Center for Digital Government for cities in the 30,000-75,000 population category. The award highlights efficient and effective use of technology and procedures to provide best practice services for residents. He commended Information Technology Manager Lisa Wu, Police Chief Reynolds, Fire Chief Esbensen and all the City staff for their work. He noted the award means that Eden Prairie was selected as the number one city in this category in the entire country. He presented the award to City Manager Getschow for display at City Hall. CITY COUNCIL MINUTES November 15, 2011 Page 6 2. Need for Barn Property Owned by Steve Schussler--Acting Mayor Case Case said Steve Schussler is owner of the historic barn property on Pioneer Trail and needs to add a shed on the property. He asked staff to look at the possibilities with Mr. Schussler and the county to see if there are ways we can help the business there. Getschow said the issue involves Hennepin County drainage and utility easements and the "build ability" of a shed in those areas. He said staff will explore with the County any options the property owner may have. Nelson said the owner took over an historic barn in our City that was going to be torn down by the County. She noted there are a number of wonderful plaster cows on display outside the barn. 3. Delegation from Lodi, China--Acting Mayor Case Case thanked Information Technology Manager Lisa Wu for helping recently with a visiting delegation from Lodi, China. Ms Wu speaks fluent Chinese and was very helpful during their visit. The Vice Mayor of Lodi headed the Chinese delegation and presented us with a beautiful book about their city. He asked Mr. Getschow to keep the book on display in a resource area and to research possibilities in our budget for preparing similar gifts we can give to any future delegation. B. REPORT OF CITY MANAGER 1. Adopt Resolution No. 2011-97 Authorizing Issuance, Awarding Sale, Prescribing Form and Details and Providing for Payment of$4,400,000 General Obligation Crossover Refunding Bonds Series 2011C AND Adopt Resolution No. 2011-98 Authorizing Issuance,Awarding Sale, Prescribing Form and Details and Providing for Payment of$1,820,000 General Obligation Permanent Improvement Revolving Fund Crossover Refunding Bonds, Series 2011D Getschow said we have two bond issuances for refunding, the purpose of which is to refinance the bond issues to save interest costs. Paul Donna, Northland Securities, said they took bids this morning on the two issues and they had good results. He said the City's AAA credit rating was reaffirmed, and an official said off the record that Eden Prairie "continues to be a model AAA city." A total of four bids were received for the first series of bonds with a total savings on that issue of about$250,000, which is more than we estimated when the refunding was first approved in mid-September. We also received four bids on the second series, with a total savings of about $134,000 on that issue, which was also more than the estimated savings. He said as a result of this action the City has reduced future interest costs. CITY COUNCIL MINUTES November 15, 2011 Page 7 Case asked why the reduction in the U.S. Government's credit rating had no effect on the City's rating. Mr. Donna said Eden Prairie does not have a heavy reliance on the Federal government so we were not impacted by that. Case noted it is phenomenal we are considered a model AAA city. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-97 authorizing issuance, awarding sale,prescribing the form and details and providing for the payment of$4,400,000 general obligation crossover refunding bonds series 2011C. Motion carried 4-0. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-98 authorizing issuance, awarding sale,prescribing the form and details and providing for the payment of$1,820,000 general obligation permanent improvement revolving fund crossover refunding bonds, series 2011D. Motion carried 4-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Lease Agreement for the Smith-Douglas-More House Dunn Brothers Coffee Shop Jeremiah said this item is a lease agreement related to the conditional use of the Smith-Douglas-More House. We are adjusting the lease to deal with the outdoor area change, to change the terms of the lease from three to five years, and to add a percentage weight of 6% on gross sales over$450,000 annually. She said the facility will probably generate more revenue because of the expansion of the parking lot and the building of the gazebo. She noted there is no change in the base rent. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve a new lease between the City of Eden Prairie and Puregrace LLC at the Smith- Douglas-More property located at 8107 Eden Prairie Road for a Dunn Bros. coffee store. Motion carried 4-0. Nelson said the coffee shop does provide a valuable service to a wide variety of community groups, and they take great care of this historic property. 2. Lease Amendment For Encore at Den Road Jeremiah said staff came before the Council on October 4 with a lease for 2,530 square feet of space at the Den Road liquor store. Since that time, Encore has become interested in expanding into the extra 1,100 square foot space still available at that location. Because Encore has a continuing rent obligation at their current site, they have asked for a break on the additional 1,100 square foot space for the 18 months remaining on the lease at their current site. She said this would enable us to have the space fully leased with a tenant who has been in the City for a long time. CITY COUNCIL MINUTES November 15, 2011 Page 8 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve a new lease between the City of Eden Prairie and Jeneka, LLC for a consignment retail store called Encore at a City owned commercial property located at 8022 Den Road. Motion carried 4-0. 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 1. Approve Statement of Work from Lois and Advanced Utility Systems for Developing Web Services with Elements XS Rosow said this is Item D that was removed from the Consent Calendar. He said when he reviewed the item he wanted to separate the two items. This is a scope of work to allow Logis to confirm that their system and our new system work together as one and an action to allow a contract for the work needed for the development and integration of the Utility Division's new GIS-based asset management and work flow management software package with the data maintained and managed by Logis . He said the items should be separated to show the City Council did take action to approve the scope of work as laid out by Logis and Advanced Utility Systems and to authorize the Mayor and City Manager to enter into a contract to perform that work. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the statement of work with Logis and Advanced Utility Systems. Motion carried 4-0. MOTION: Aho moved, seconded by Butcher Wickstrom, to authorize the Mayor and City Manager to enter into a contract with either Logis or Advanced Utility Systems for the integration of the City's software with the Logis system in an amount not to exceed $37,800. Motion carried 4-0. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:00 PM.