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City Council - 05/20/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 20, 2014 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. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. AARP DRIVERS EDUCATION AWARD Lotthammer said the Eden Prairie Senior Center has been awarded a national "Top 100 Host" designation for the AARP Driver Safety Programs. He noted the Senior Center ranked No. 17 within the top 100 host sites. Senior Center Supervisor Sue Bohnsack presented the award plaque to Mayor Tyra-Lukens. B. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Tyra-Lukens said Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. We will have a brief presentation on the report. She noted the Council received a full report at their workshop tonight. Steve Wischmann, a partner in Kern, Dewenter, Viere, Ltd, gave a PowerPoint presentation about the audit process. He said his firm issued the City of Eden Prairie an unmodified (clean) opinion on the financial statements. They had no items to report. He reviewed the 2013 General Fund revenue and expenditures and the tax levy, tax capacity and tax capacity rates for Eden Prairie. CITY COUNCIL MINUTES May 20, 2014 Page 2 Tyra-Lukens said it is good to get a report like this that reports the City's tax rate is well below the metropolitan average. MOTION: Aho moved, seconded by Nelson, to accept the 2013 Comprehensive Annual Financial Report ( CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher Wickstrom added Item XIV.A.1. Nelson added Item XIV.A.2. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 6, 2014 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 6, 2014, as published. Motion carried 3-0-1, with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2014 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, May 6, 2014, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow noted there is an updated contract for Item VIII.K. on goldenrod paper. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO.14-2014 AMENDING CITY CODE SECTION 11.51, STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION NO. 2014-50 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. AWARD CONTRACT FOR INSTALLATION OF A FISH BARRIER ON PURGATORY CREEK TO BLACKSTONE CONTRACTORS D. AWARD CONTRACT FOR AQUATIC PLANT HARVESTING FOR RED ROCK AND MITCHELL LAKES TO J & N WEED HARVESTING E. APPROVE CONTRACT WITH ALLIED WASTE SERVICES FOR ANNUAL COMMUNITY DROP OFF DAY CITY COUNCIL MINUTES May 20, 2014 Page 3 F. AWARD CONTRACT TO PEARSON BROTHERS, INC. FOR 2014 SEALCOAT PROJECT G. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR 2014 OVERLAY PROJECT H. AWARD CONTRACT TO TMI COATINGS, INC. FOR RECONDITIONING OF BAKER ROAD WATER STORAGE RESERVOIR I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC. FOR CONSTRUCTION SERVICES FOR EDEN PRAIRIE ROAD IMPROVEMENTS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR BURR RIDGE STORM SEWER IMPROVEMENTS DESIGN SERVICES K. ADOPT RESOLUTION NO.2014-51 AWARDING CONTRACT FOR BURR RIDGE STORM SEWER EMERGENCY REPAIR AND IMPROVEMENT PROJECT TO NORTHWEST ASPHALT, INC. L. APPROVE AMENDMENT 5 TO PROFESSIONAL SERVICES AGREEMENT WITH HGA INC. FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION PHASE OF AQUATICS EXPANSION PROJECT M. APPROVE AGREEMENT FOR PURCHASE OF RECREATION REGISTRATION AND FACILITY SCHEDULING SOFTWARE FROM VERMONT SYSTEMS N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items A-N of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST LIGHT RAIL TRANSIT MUNICIPAL CONSENT HEARING Getschow said the Southwest Light Rail Transit(SWLRT) project has been a topic of discussion in the community for quite a while. The City of Eden Prairie is required under Minn. Stat. 473.3994 to host a public hearing concerning the physical design components of the transit plans. The city anticipates taking action to approve or disapprove the plans at the June 17, 2014 City Council meeting. Jim Alexander, Design Engineer for the Project Office, gave a PowerPoint presentation about the SWLRT. He noted the 15.8 mile route will go from CITY COUNCIL MINUTES May 20, 2014 Page 4 Mitchell Road in Eden Prairie through Minnetonka, Hopkins, St. Louis Park and Minneapolis. There will be 16 stations with an overall budget of$1.673-1.683 billion. He said they have been working with City staff since February of 2013 to address technical issues. State statute requires that the five cities along the SWLRT route give their consent approval for the design plans. He reviewed the physical design components of the route through Eden Prairie. Tyra-Lukens noted the public hearing tonight is one of many steps provided by the City, Hennepin County and the Met Council to provide input. The City will accept public comments until 4:30 PM on Friday, May 23 at swlrt@edenprairie.org or by written correspondence to the Eden Prairie Public Works Department. There will be a three-minute limit on speaking at the public hearing. The subject of tonight's public hearing is the design components of the SWLRT. Donna Azarian, 9068 Waverly Court, asked the Council to vote "no" because she believes the SWLRT will ruin Eden Prairie with the unsightly track and overhead wires. She was very concerned about safety issues. She did not think we have the minimum density needed to support the SWLRT. Barbara Fleet, 13570 Technology Drive, said she lives at the Southwest Station condos. She said the SWLRT will be an unsightly eyesore and will be extremely noisy as it runs every seven minutes, 21 hours a day. It will destroy the pristine and peaceful Purgatory Park. The continuous vibration will cause structural damage to the Southwest Station condos. She was also concerned about crime issues. Todd Phelps, representing AGNL Health, thanked City staff for meeting with them over the last couple of weeks. He was concerned with the threshold issue that is missing. The facts have to drive the design, and we don't have the facts in front of us. The draft EIS was based on a location along Hwy 5, so we now have to make a decision without having the facts. He did not know what the impact will be to their property and their over 1300 employees. He said the Council should require the Met Council to provide the necessary data to make an informed decision. Ahmed Jama, 7051 Woodland Drive, said two components would help his community: the SWLRT would bring thousands of jobs to the City and he hoped it would also bring affordable housing. He said the only affordable housing in Eden Prairie was built 30 years ago and consists of 519 units. The Met Council's goal for Eden Prairie is 1844 units. He supported the SWLRT and asked the Council to make sure there is affordable housing along with it. Asad Aliweyd, 7224 Stewart Drive, said the SWLRT is an investment for accessible transportation, for creating jobs and for promoting a good community. He would like to see affordable housing and jobs created along with the SWLRT. He said light rail is a safer and cheaper form of transportation and would be good for all of the community. CITY COUNCIL MINUTES May 20, 2014 Page 5 Jeffrey Simon, 8900 Bradford Place, said he thought the SWLRT will not be economical and will be inefficient. It will be a government enterprise, so it will promise things but will not have to make a profit. We are being asked to approve the SWLRT without first approving the concept, and he objected to that. Dan Engelsma, President of Kraus Anderson, was concerned with the route that goes from the Crosstown to Shady Oak Road. There are 10-12 buildings in the Prime Tech Office Park there. When the SWLRT was first announced, the original plans showed the rail going on the east side of Hwy 212, which is the industrial side of the road where there is a lot of open space. Several months ago they learned the route had been moved to the west side of the road. The bridge over the top of Hwy 212 and Shady Oak Road will obliterate the vision of the Prime Tech Office Park and will have a devastating effect on the value of the buildings in the office park. He said they support the rail line but don't support the way it is put in. Abdi Yusuf, 8260 Mitchell Road, said he wished more people could have attended the workshops given over the last year. He supported the SWLRT and thought there will be benefits to it, including the fact students will be able to take the train to downtown Minneapolis. He would like to see affordable housing and affordable businesses. Fred Koppelman, 18890 Deerfield Trail, said the purpose of the light rail system is to take people from where they are to where they want to be, and we already have such a system with Southwest Metro Transit. That bus system will suffer if the SWLRT is built. Light rail doesn't make sense after spending all the money on the buses, the bus stations and the parking lots. The rail will be a danger to pedestrians and cars. He thought we need to separate our wants from needs. He asked the Council to stand up to the Met Council and say "no" to the SWLRT. Sheila Kinne, 11683 Welters Way, said people need transportation, and she rides the Southwest Metro line which provides great service. She thought five stops for the SWLRT in a city of 60,000 people makes no sense. She did not think the rail line should come into the City any further than the Golden Triangle. The rail line might soon become obsolete because of more flexible technology for transportation. The Prairie Center loop will be a mess during and after the construction. She thought there is still time to do something about it and we don't have to rush into it. Barbara Brandall, 16837 Bainbridge Drive, was not sure what the SWLRT gives us that the bus system doesn't already provide. She didn't understand why we would need five stations for the 5.8 miles of train track in Eden Prairie. She said the trails and sidewalks in the City are a mess. She was concerned about what our tax responsibility will be because the government is not very good at projecting costs. She thought the light rail should stand on its own, and affordable housing is a separate issue. Tom Brandall, 16837 Bainbridge Drive, said we need to look at the entire design because this is a huge cost. The construction issues for the residents of Eden CITY COUNCIL MINUTES May 20, 2014 Page 6 Prairie will be huge, and it may only be used by a small percentage of people. He asked why we could not have a referendum for the voters of Eden Prairie to decide if it is wanted. Rolf Kemen, 14763 Boulder Pt Rd., said forty years ago there was a lot of talk about federal dollars for transit. We chose the highway system and built Hwy 494 and Hwy 62 while cities in other areas of the country went ahead and built subway systems. We are stuck today with some decisions that were made in the past. We want to have new businesses put up buildings in our community, and we have to have a way for people to get to the businesses. We need to get cars off highways. Hwy 494 cannot be expanded without acquiring all the property on both sides of the roadway for billions of dollars. Predictions are we will be adding 1,000,000 people to the metropolitan area in the next 10-15 years. The SWLRT will cost less than trying to expand highways for the capacity we need. Lindsay Johnson, 13560 Technology Drive, said she owns property in the Southwest Station condos. The SWLRT route will cause an unsafe passageway between the condo buildings and the lake. She is estimating a$20,000 decrease in her property value if the SWLRT is put in there. She asked the City Council members to listen to their constituents who elected them to office. She thought the transit line should run down the middle of Hwy 212. Gary Orcutt, Vice President of First Western Bank and Trust, said there will be a bridge over Hwy 212 very near his building. d First Western Bank bought the building in 2005 for$3,400,000 and invested more to improve the building. They bought the building for its visibility and access. Their location and access are vitally important to their operations, and the value would be significantly impacted by a bridge outside their second floor. Scott Gill, representing Milestone AV Technologies, said he runs a business near the proposed City West station. He endorsed the SWLRT in general terms, and he thought the ability to connect in both directions to Minneapolis is going to be important for job growth along the corridor over the next 25-30 years. He said they have lost employees because of the commute times, and it doesn't look like our primary roadways will be expanded dramatically over the next decades. That means we need alternatives. It takes political courage to make decisions moving ahead with a long term view of Eden Prairie. He noted access to the City West area will be vital to employers and to people living there. Saga Slevin, 6075 Baker Road, said it sounds like there has not been full research on this. We don't know the unintended impact on the environment, the residents and traffic. She did not see a reason to hurry to build this and thought we could wait for a full impact study. The SWLRT will not add to the quality of life in Eden Prairie. Tim Sinnett, 6035 Baker Road, said he did not see the population needed to support this project. He was concerned about the crime and what this will bring into the community. Southwest Metro is doing a great job, and we should be CITY COUNCIL MINUTES May 20, 2014 Page 7 looking at expanding that. He thought affordable housing is another topic. Thad Lightfoot, representing Dorsey &Whitney and Gander Mountain, said his firm submitted considerable comment on the draft EIS raising issues of alignment along Technology Drive. He thought the alignment should be moved off Technology Drive. Steve Smith, 6824 Jeremy Court, said his family loves the parks, the open spaces and the shopping in Eden Prairie, but this project will keep them from crossing the light rail line to go to the parks or the shopping centers. He thought the loss of property value is a real issue. He asked the Council to think about what this is going to do to the community when the vote is taken. Jeff Strate, 15021 Summerhill, said he believes in public transit. He said the Golden Triangle area is ripe for development. The SWLRT will help the City and businesses and will be part of a system that will include bus transit. A lot of things have been thought out and more tweaking will happen. Eden Prairie has more open space and beautiful parks than any other city in Minnesota. He didn't see the current alignment as affecting the park system. He was concerned that the Mitchell Station provide clear, safe and open access to the regional trail system. Dan Etling, 9504 Creek Knoll Road, said the current design plans of the SWLRT contains the solution to problems with the previous designs. He supported the SWLRT as a transportation option as it will complement the Southwest Transit system and will give more options. This will expand options for jobs and education and will reduce traffic congestion and emissions in our neighborhoods. It will connect riders to downtown Minneapolis and St. Paul. Federal funding will pay almost one half the cost of the SWLRT. Frank Lorenz, representing Haulke & Ghea, said he had issues with the Met Council about conflict of interest. There is no private sector investment going on along the Green Line. The metropolitan area is 90 miles in length with 3,100,000 people. He thought we should expand the Southwest Transit system. Dennis Larson, 8365 Heather, commented that light rail has become popular again, but Eden Prairie does not need light rail. John Tyler, 17574 Belfast Cove, said the SWLRT route goes through the beautiful Purgatory recreation area. We will be putting that on the line. He asked for an adequate EIS on the final route which he believed to be the most environmentally disastrous route. He was concerned how this will affect the quality of life and the aesthetic value of Eden Prairie. Dan Duffey, member of the SWLRT Business Advisory Committee, said his committee sent a letter to the Met Council last March outlining the group's support of the SWLRT project. The committee supported this project as vital to the economic development and to help connect employees and employers throughout the metropolitan region. He said there are a lot of ongoing issues still to be CITY COUNCIL MINUTES May 20, 2014 Page 8 resolved,but he was in support of the project. Craig Eiler, 12275 Oxbow Drive, said he did not understand the process used to solicit public opinion. It seems to him the City Council takes action in their own hands for large scale projects and does not solicit opinions from residents. He didn't understand why there has not been a referendum just as there was no referendum for the Community Center expansion. Paul Hatsung, Dahlia Circle, questioned what the attraction of light rail is because it has so many negative components. He said we should not be investing $1.7 billion in this project. He expected the cost would double or more by the time it is completed. He thought this is a really bad investment, and there are better means of transportation available. Dave Jellison, City Manager for Liberty Property Trust, said they have a number of buildings in the Golden Triangle area. Many of their tenants would use the light rail system. He thought the change in alignment and elevation was a great move. Jessica Wyberg, 11093 Anderson Lakes Parkway, said in her experience many times when you sign up for grants it comes with a higher cost than anticipated. She asked the Council to choose wisely and think about the residents, not what is in it for the Council. Jim Diehl, 10530 W. Riverview Drive, said there is an express bus to the University of Minnesota that takes less than a half hour. He said the SWLRT will raise the metropolitan area sales tax. We will be competing with Shakopee and Savage who won't have to pay for light rail. Approving this project will be voting for more density or voting for a train that won't be used, as well as a sales tax increase and increases in property taxes. A high school student who lives on Valley View Road said this is an horrendous idea for such a pristine City. We have a high standard of living that everyone is trying to preserve. Our current transportation resources are not being fully utilized. He thought we should use the money to invest in education of our youth. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. B. EDEN GARDENS by Homestead Partners. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres; Planned Unit Development Concept Review on 8.39 acres; Planned Unit Development District Review with waivers on 8.39 acres; Zoning District Change from Rural to R1-9.5 on 8.39 acres and Preliminary Plat on 8.39 acres into 36 lots and 7 outlots. Location: Southwest corner of Scenic Heights Road and Eden Prairie Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) CITY COUNCIL MINUTES May 20, 2014 Page 9 Getschow said this project is located on a parcel of land owned by MnDOT that was a remnant from the Hwy 212 expansion project. The proposal by Homestead Partners involves the development of 36 lots and seven outlots. Official notice of this public hearing was published in the May 8, 2014, Eden Prairie News and sent to 333 property owners. The project is a demonstration project that meets the objectives of sustainability, energy-efficiency, and housing for moderate income households. The Planning Commission recommended approval of the project with recommendations to include a noise analysis and to make plan revisions related to some of the green elements. Tom Strohm, representing Homestead Partners, gave a PowerPoint presentation reviewing the project, the site plan and the sustainability features. There is one public street through the project of 36 homes. The project has an .89 acre center park space and a heavily landscaped courtyard on the northeast side. There is an extensive amount of trails and sidewalks to connect the neighborhood to the adjacent trails. Infiltration of storm water runoff from the project will take place in the central open space. There will be a community garden for residents with a garden shed for shared storage. The park shelter and the garden shed will have green roofs. Permeable pavers will lead to the shelter. There will be a playground for children and solar pathway lighting throughout the open space. They plan a large amount of native landscaping that will be low maintenance and will require no irrigation. They partnered with the Builder's Association of the Twin Cities (BATC) to make all the homes Green Path Advanced Certified, a first time effort in the State. The model home will have a solar feature. Jeremiah said the noise study recommended by the Planning Commission has been completed. The study found that the project as proposed to be constructed will meet the State noise standards. There are no additional conditions necessary to be put on the development regarding noise. Regarding the noise that exists now, MnDOT completed a noise study for the existing neighborhood prior to the Hwy 212 construction, and are the ones responsible for mitigating the noise impact on the existing neighborhood. She said the structures and landscaping that will be added to this property will provide a substantial addition in height, so noise abatement should increase. Chris Atterberry, Thatcher Road, said a group of neighbors submitted a letter to the City in November of 2013 outlining three primary concerns: impact on property value; noise and visual impacts; and increased traffic as a result of the new development. He understood that any concerns regarding noise in the neighborhood would be the responsibility of MnDOT to address; however,he believed it is the responsibility of the City Council to address any concerns about this development. He asked what the neighbors could expect to see in terms of noise increase with the new development. He said the traffic study that was completed noted a significant increase in traffic down Thatcher Road. At the Planning Commission meeting someone commented about there being "winners and losers in these things." Some areas of the existing neighborhood will see a decrease in traffic but there will likely be an increase in traffic on Thatcher Road. He has yet to hear a response that meets his needs in terms of how that might be addressed. He asked the Council to give CITY COUNCIL MINUTES May 20, 2014 Page 10 careful thought to options for addressing traffic through the use of stop signs or something to keep speeds limited on that roadway. Don Bugbee, Thatcher Road, said he was not opposed to the development,but his frustration is with the traffic issue. We have an opportunity to have a winning program but he hasn't heard any sensitivity towards the neighbors' concerns. He would like a way for the neighbors to feel they have been heard. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Tyra-Lukens asked staff about the possibility of a stop sign for Thatcher Road drivers. Ellis responded we typically would not support a three-way stop at Thatcher and Stanley as we feel there will be an acceptable volume of traffic through that intersection. He said, as a whole, other areas will see a decrease in traffic volumes, but there will be an increase for those residents on Thatcher Road east of Stanley. They estimate there will be 419 trips per day, and the total volume changes are within the range we would expect on residential streets. He said a three-way stop is a possibility and he understood it is a concern of the neighborhood. However, we would want to wait to see what happens when the development opens to document it is the right step. Tyra-Lukens thought it is not just an issue of the numbers increasing;rather it is a matter of the sharp turn on Thatcher. It would be good if we could slow the traffic on that turn. Nelson agreed with the Mayor and noted we have done the same for some neighborhoods. She thought we should consider it right away and not wait. She was also concerned that the proponent has taken geothermal off the table. That was an option she brought up the last time we met, and she would like to see it offered as an add-on option for families to put in during construction. Matt Hanish, Vice President of JMS Custom Homes, said the option for geothermal was taken off the table to keep the homes affordable. Geothermal works well on larger sites. He said they could revisit the issue and try to figure out how to offer it as an option. Nelson said she could see it as an add-on option. She would also like to see that rebates for both solar and geothermal are made available. Nelson noted there are a lot of amenities, some of which will require upkeep. She asked if there will be a permanent association for this area. Mr. Hanish said there is an association established that will provide for maintenance as well as snow and lawn care. Nelson asked if there will be LED streetlights. Mr. Hanish said there will be. Nelson said she would like them to revisit the geothermal option and would also want to make sure the current rebates are available for homeowners to consider. Mr. Hanish said all the homes will be solar ready and those rebates would be available to the buyers. Tyra-Lukens asked for an explanation of issues surrounding installing geothermal. CITY COUNCIL MINUTES May 20, 2014 Page 11 Mr. Hanish said geothermal requires space, and we are dealing with lots in a very compact development so adequate space isn't available. It also work better in certain soils and there are concerns about the costs associated with geothermal. Butcher Wickstrom asked if geothermal might be available to multiple homes. Mr. Hanish replied that requires a large amount of space. Tyra-Lukens asked if a change to the Guide Plan requires a 4/5 vote of the Council. Rosow said it requires a 2/3 vote of all members, which would be four votes to pass the item tonight. MOTION: Butcher Wickstrom moved, seconded by Nelson, to continue the item to the June 17 Council meeting. Motion carried 4-0. C. EDENVALE HIGHLANDS HOUSING IMPROVEMENT AREA (ORDINANCE NO.15-2014 ESTABLISHING HIA; RESOLUTION NO. 2014- 52 SETTING FEES; RESOLUTION NO.2014-53 APPROVING PUBLICATION OF SUMMARY ORDINANCE) Getschow said any community in Minnesota is authorized to create a Housing Improvement Area (HIA). The Council has the ability to create an HIA by ordinance and allow the improvement area to conduct improvements to the buildings and common areas. The improvements are then 100% assessed to all the members of the association so that the City is simply providing a mechanism of assessment for those improvements. This HIA would be the second one in the City and would involve only eight housing units that have an issue with a failing retaining wall. The actual ordinance and resolution would not become effective for 45 days, so there is an opportunity for objections to be filed. He believed all eight owners have signed the petition to improve this area. There were no comments from the audience. Tyra-Lukens thought this is a great mechanism we have available to help neighborhoods. She thought it will be used many times in the future as multi- family areas need improvement. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve the first and second readings of Ordinance No.15-2014 establishing the Edenvale Highlands HIA; to adopt Resolution No. 2014-52 setting the fees for the Edenvale Highlands HIA; and to adopt Resolution No. 2014-53 approving the summary publication of the Ordinance. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES May 20, 2014 Page 12 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Letter Commending Eden Prairie Fire Department--Council Member Butcher Wickstrom Butcher Wickstrom said she recently received a letter from a resident commending the Eden Prairie Fire Department for being so prompt and professional. The resident said the entire group went above and beyond their expectations and wanted to express heartfelt gratitude to the Fire Department. 2. Ecopalooza Event Last Weekend--Council Member Nelson Nelson said we had our first Ecopalooza event with a green walk last weekend. She commended staff for a great first event that a lot of people attended. She hoped we consider making this a yearly event. B. REPORT OF CITY MANAGER 1. New Lease with Eden Prairie School District for City Center Space Getschow explained the City of Eden Prairie owns the City Center building free and clear of debt. We have been talking for a few years about a new lease for the School District,but knew we wanted C. H. Robinson to vacate their space before we moved ahead with the new lease. The School District came to the conclusion the Community Education Department has the right amount of space. With the departure of C.H. Robinson, there was the opportunity for them to expand into some of the downstairs space. They were looking for additional space for the Tassel program. The new lease covers all the current lease with a base rent at$7.00 per square foot with an inflationary factor for the current space plus the additional 2200 square feet. The School District pays for the operating costs beyond the base rent. The lease also involves bringing the building up to Building Owners and Managers Association (BOMA) standards. That means the School District now has 51,315 square feet in terms of how the current space is measured and will add the 2,200 square feet downstairs. In addition they will make tenant improvements for the Tassel program. He thought the City is getting a very fair deal for the space. CITY COUNCIL MINUTES May 20, 2014 Page 13 Tyra-Lukens asked about the Tassel program. Getschow replied it is for young adults from 18-21 years. The participants will come from other communities,but he understood they will be members of the Eden Prairie High School District. He said he would have to follow up with the School District about the make-up of the students. Rosow said they are currently taking students in the program to Richfield, but he did not know if all of them are Eden Prairie residents. Butcher Wickstrom said she appreciated the greater accuracy in using BOMA standards. She thought it was a very well-negotiated lease. Rosow noted the School District asked for one change last night that would give the School District the option to terminate at a point in time when they might not levy for the lease payment. Tyra-Lukens asked if they would still be obligated to pay for their improvements. Rosow said that was correct. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve a new lease with the Eden Prairie School District and to authorize the Mayor and City Manager to execute the Lease with terms substantially the same as the attached lease, subject to such changes as are recommended by the City Attorney and approved by the Mayor and City Manager. Motion carried 4-0. 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: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 9:48 PM.