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City Council - 05/15/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 15, 2012 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 A. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Steve Wischmann, Partner in Kern, Dewenter, Viere, Ltd., gave a review of the 2011 CAFR. He said his firm gave a clean opinion on the financial statements, which is the highest level of assurance that can be given. He reviewed the City's revenues and expenditures for 2011. He noted the City's debt burden is much lower than cities of comparable size. Tyra-Lukens said she was really happy to hear some of the comments about the City's financial condition. She noted his firm does a really good job. Case said City staff has done an amazing job as well. MOTION: Aho moved, seconded by Nelson, to accept the 2011 Comprehensive Annual Financial Report (CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.2. Case added Item XIV.A.3. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES May 15, 2012 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 1, 2012 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2012 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 1, 2012 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE Jeff Larsen, Chair of the Flying Cloud Airport Advisory Commission, said the Commission submitted their annual report at the Council workshop earlier this evening. He reviewed the highlights of the Commission's work in 2011 which focused on providing education and information about Flying Cloud Airport to various constituent groups. Their goal was to increase visibility of and communications from the Commission and to continue to monitor the Final Agreement with Metropolitan Airports Commission (MAC). For 2012 the Commission plans similar goals to the 2011 goals. They will work to reduce nighttime noise and will work with City staff and MAC to improve the appearance of the airport. He noted the Airport Watch program has begun at Flying Cloud Airport. That program allows members of the public to participate in a watch program to help provide additional eyes for airport security and safety. Tyra-Lukens thanked Mr. Larsen for his presentation and noted the Council appreciates the hard work of the Commission and the direction they are going. MOTION: Aho moved, seconded by Case, to receive the Flying Cloud Airport Advisory Commission 2011 report and to approve its 2012 goals and work plan. Motion carried 4-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste Second Reading of Ordinance 10-2012 for Zoning District Change from Rural to I-2 on 12.4 acres. Location: 9813 Flying Cloud Drive. (Ordinance No. 10-2012 for Zoning District Change) C. HENNEPIN VILLAGE—SITE B by Toll Brothers; Second Reading of Ordinance 11-2012-PUD-6-2012 for Planned Unit Development District Review with waivers on CITY COUNCIL MINUTES May 15, 2012 Page 3 71.5 acres and Zoning District Change from Rural to R1-13.5 on 24.37 acres. Location: 71.5 acres east of Eden Prairie Road & south and west of Riley Creek. (Ordinance No. 11-2012-PUD-6-2012 for PUD District Review with waivers and Zoning District Change) D. ADOPT RESOLUTION NO. 2012-78 APPROVING THE FINAL PLAT OF EDEN PRAIRIE WOODS E. ADOPT RESOLUTION NO. 2012-79 AUTHORIZING RENEWAL OF THE HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2012 THROUGH 2O15 F. APPROVE JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION AND MANAGEMENT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE PHASE III POND INVENTORY PROGRAM H. AWARD 2012 SEALCOAT PROJECT TO PEARSON BROTHERS,INC. I. AWARD 2012 BITUMINOUS OVERLAY PROJECT TO GMH ASPHALT CORPORATION J. APPROVE SEH PROPOSAL FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION OF EROSION WITHIN LOWER RILEY CREEK K. AWARD THE CONTRACT TO REPLACE RINK 2 ROOF AT COMMUNITY CENTER TO PETERSON BROTHERS ROOFING & CONSTRUCTION L. APPROVE DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT M. ADOPT RESOLUTIONS NO. 2012-80, 2012-81,AND 2012-82 RESCINDING RESOLUTIONS NO. 2007-94, 2007-95 AND 2007-96 FOR OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION N. ADOPT RESOLUTION NO. 2012-83 RESCINDING APPROVALS FOR THE MEADOWS 2012 Nelson asked about the changes to the development agreement for Item VIII.C. on the goldenrod paper. Rosow replied there are a couple of changes in the document. The special assessment agreement against the property is about$1,300,000. We make the special assessment agreement a lien on the property until the assessments are levied. The developer asked that a paragraph be modified so the lien could be broken up as a lien on each lot. The title company could then escrow money for a particular lot once it was sold and could be released from the lien agreement. CITY COUNCIL MINUTES May 15, 2012 Page 4 Case asked if this would accrue interest that would then be divided among the properties. Rosow said it does not accrue interest. The statute requires you specify the extent of the waiver in dollars,but there is no interest accrual because the assessment has not yet been levied. MOTION: Case moved, seconded by Nelson, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Request for: Planned Unit Development Concept Amendment on 8.4 acres, Planned Unit District Review with waivers on 8.4 acres, Zoning District Amendment in the I-5 Zoning District on 8.4 acres and Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Resolution No. 2012-84 for PUD Concept Review) Getschow said the plan is to change the interior of the building from 75% to 90 % office and to construct 48 new parking spaces. The I-5 zoning district allows up to 50% office. In 2000, the property was granted a waiver for 75% office use. The proposed waiver tonight is from 75% to 90% office use. The Planning Commission voted 7-0 to recommend approval of the project at the April 23, 2012 meeting. Official notice of this public hearing was published in the May 3, 2012, Eden Prairie News and sent to 16 property owners. Getschow asked the proponent to talk about the proposed tenant for the property. John Ferrier, CSM Corporation, said the tenant is Starkey Laboratories. Starkey is a great tenant in Eden Prairie, and this property is adjacent to their other five properties. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-84 for Planned Unit Development Concept Review on 8.4 acres; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the I-5 Zoning District on 8.4 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. 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 CITY COUNCIL MINUTES May 15, 2012 Page 5 A. FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT Getschow said there are several areas in City code dealing with illicit discharge and detection of stormwater. The MPCA requested we have a specific chapter related to that in its entirety and they provided a model ordinance to use. MOTION: Nelson moved, seconded by Aho, to approve first reading of an ordinance adding City Code Section 5.75 relating to illicit discharge detection and enforcement. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Budget Advisory Commission (BAC) Report on City Council Compensation Tyra-Lukens said the Council requested that the BAC conduct a review of the Mayor and Council Members salaries. She said State law doesn't dictate how and for which services councils are paid. The Council received a pay increase in 1992 and again in 2004. The pay was increased in 2004 to the median level of twelve comparable suburban cities. She noted there have been many discussions about this over the years,but there is never a good time to have a salary increase. In 2010 the Council dropped the special meeting pay. The Council is responsible to make any adjustments,but any change would not take effect until after the next Council election. Tyra-Lukens said the BAC recently completed their study. She did not realize that Council Member Butcher Wickstrom would not be at tonight's meeting. She suggested the Council postpone the discussion until the next meeting because she strongly believes that all Council Members should be here to discuss this matter. There was a lot of data collected for comparable size cities and again we are on the low end in comparison to those cities. She asked Council Members make suggestions for additional information needed prior to making a decision on this. Nelson said she would like a little wider array of comparable cities in the western and southern suburbs, possibly seven or eight different cities. Tyra- Lukens noted the cities cited in the report are in the same population size range. Getschow said staff provided a wider array of cities to the BAC, so that information is available and will be provided for the next meeting. Nelson noted Plymouth was not included. She would like to see a few more cities CITY COUNCIL MINUTES May 15, 2012 Page 6 from Hennepin County and possibly some that are larger than the 60-70,000 range. 2. Events and News in the City--Mayor Tyra-Lukens Town Hall Meeting--Tyra-Lukens said we will hold a town hall meeting on May 24 at 7:30 AM at the Star Bank building. Everyone is invited to attend the meeting which will focus on business related issues. Arts in the Parks--Tyra-Lukens said there will be an Arts in the Parks event this Saturday. Lotthammer said the event will be from 10:00 AM to 5:00 PM at Purgatory Creek Park and will include some vendors and many artists. Mayor's Water Challenge--Tyra-Lukens said Eden Prairie won the Mayors' Water Challenge for mid-size cities in the Midwest area. She hoped the event increased people's awareness of saving water and energy. Beyond the Yellow Ribbon Event--Tyra-Lukens said this event will be held at 10:00 AM on June 2 at Round Lake Park as part of the Schooner Day celebration. It is designed to help the city become a more welcoming community for veterans coming home. 2. Recycling in the Parks--Council Member Case Case said he talked to two Conservation Commission members who have been trying to work on getting recycling containers in our parks. He understood it is a complicated matter, and it is easy to get non-recyclable material in the recycling containers. He wanted to know if this is something we are pursuing because he believes we need to make the effort to do this. Getschow said Parks and Recreation have had conversations with the Conservation Commission. Lotthammer said we started talking about this three years ago and have had a couple of presentations to the Conservation Commission. We do recycle at the major park areas. A couple of years ago a Commission member visited other cities to research how they handled recycling in their parks. Staff met to talk about the best method to put out containers and to collect the recycling. Many of the smaller parks don't have enough activities that generate recycling. In addition there are a lot of people who go out to do recycling on their own in the parks. The procedure is for our parks maintenance staff to make a couple of trips each week to pick up the garbage. They then send another vehicle out to get the recycling containers. Staff decided to add recycling at major areas,but there are a lot of issues regarding contamination. Lotthammer said we have a different color for the recycling bins and they have small openings in the top. We also have signs on the top and sides of the containers. The recycling cans will be set next to the trash cans. In addition, we are improving the look at Round Lake with different types of containers CITY COUNCIL MINUTES May 15, 2012 Page 7 for garbage and recycling. We have had fair success with recycling at the Community Center but are struggling with recycling in the parks. He thought there is an educational component to this issue that the Conservation Commission could help with. He said staff is open to expanding to other parks. We would look at the benefit of expanding but also know that people pick up cans on their own recycling efforts. Case asked if the technology exists to separate out trash material out at the recycling centers. Lotthammer said City staff will do that if it is something we can get out easily. Case asked how much of the contaminated material has to be sorted out here. Lotthammer said they will refuse the entire load if it shows up and is beyond a certain point of contamination. Case said he visited Canal Park in Duluth and was impressed by their solar powered trash compactors. Lotthammer said our garbage truck does the compaction part. We have looked at composting scenarios at certain locations. Tyra-Lukens thought it is worth a call to the recycling center. She thought there are places that are doing this, so it seems like there should be a way for us to do this. She thought there might be grants available for the solar powered compactors. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Resolution No. 2012-85 accepting grant from the Eden Prairie Community Foundation for AV Equipment at the Senior Center Lotthammer said we have received a grant from the Eden Prairie Community Foundation to purchase new audio/visual equipment at the Eden Prairie Senior Center. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-85 accepting the grant in the amount of$3,000 from the Eden Prairie Community Foundation to be used toward the purchase of new audio/visual equipment; projector and screen for the Eden Prairie Senior Center. Motion carried 4-0. 2. Resolution No. 2012-86 accepting Hennepin Youth Sports Program Grant for a John Deere Utility Vehicle for the Miller Park Softball Complex Lotthammer said staff offered to help youth sports organizations in the City apply for a Hennepin Youth Sports program grant for equipment items they CITY COUNCIL MINUTES May 15, 2012 Page 8 would like to add that would cost less than $10,000. Staff helped the Eden Prairie Fast Pitch organization apply for a grant. The $9,400 received will be used to purchase a John Deere utility vehicle. The equipment needs to be owned by the City, so a resolution is required to accept the grant. MOTION: Nelson moved, seconded by Case, to adopt Resolution no. 2012- 86 accepting the $9,500 Sports Equipment Grant from the Hennepin Youth Sports Program to purchase a John Deere utility vehicle for the Miller Park softball complex. Motion carried 4-0. 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. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the City Council Meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:55 PM.