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City Council - 08/19/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 19, 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 7:04 PM. Council Member Aho was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 14, 2014 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, July 14, 2014, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 14, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, July 14, 2014, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES August 19, 2014 Page 2 VIII. CONSENT CALENDAR Case asked that Items VIII.H and VILM be considered separately because of a conflict of interest. Rosow said, with respect to Item VIII.B. and D. and all items related to the Eden Gardens project, should be understood to include the date change to September 12. A. CLERK'S LICENSE LIST B. EDEN GARDENS by Homestead Partners. Second Reading of Ordinance 17- 2014-PUD-1-2014 for Planned Unit Development District Review with waivers on 8.39 acres and Zoning District Change from Rural to R1-9.5 on 8.39 Location: Southwest corner of Scenic Heights and Eden Prairie Road. (Ordinance No. 17- 2014-PUD-1-2014 for PUD District Review with waivers and Zoning District Change) C. ADOPT NO. RESOLUTION 2014-76 APPROVING FINAL PLAT OF HIGHPOINT AT RILEY CREEK D. ADOPT RESOLUTION NO. 2014-77 APPROVING FINAL PLAT OF EDEN GARDENS E. REJECT BID SUBMITTED BY SOWLES STEEL ERECTORS FOR STEEL ERECTION FOR THE AQUATICS EXPANSION PROJECT F. AWARD QUOTES FOR STEEL ERECTION FOR THE AQUATICS EXPANSION PROJECT TO HIGH FIVE ERECTORS G. APPROVE CONSTRUCTION CHANGE ORDER FOR NORTHWEST ASPHALT INC. FOR THE BURR RIDGE STORM SEWER EMERGENCY REPAIR AND IMPROVEMENT PROJECT H. ADOPT RESOLUTION NO. 2014-78 AWARDING CONTRACT FOR CITY WEST PARKWAY TRAIL TO MINNESOTA DIRT WORKS I. REJECT BID FOR THE LANDSCAPE PROJECT FOR CSAH NO.1 BETWEEN FLYING CLOUD DRIVE AND SHETLAND ROAD J. APPROVE PURCHASE OF NEW CONTROL PANELS FOR LIFT STATIONS NO. 6 AND NO. 7 FROM INTEGRATED PROCESS SOLUTIONS INC. K. APPROVE CONTRACT FOR UPDATING MICROSOFT WINDOWS SERVER LICENSES THROUGH STATE OF MINNESOTA AGREEMENT 01E61724 L. APPROVE ADVANCE FROM CAPITAL IMPROVEMENT AND CITY COUNCIL MINUTES August 19, 2014 Page 3 MAINTENANCE FUND TO THE STORM DRAINAGE FUND M. APPROVE FIRST AMENDED LEASE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND JENEKA, LLC FOR ENCORE BOUTIQUE AT 8022 DEN ROAD N. APPROVE PURCHASE OF WETLAND CREDITS IN CONNECTION WITH THE SHADY OAK SOUTH PROJECT MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-G, I-L, and N of the Consent Calendar. Motion carried 4-0. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item H of the Consent Calendar. Motion carried 3-0-1, with Case abstaining. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Item M of the Consent Calendar. Motion carried 3-0-1, with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 18-2014 GRANTING HRA AUTHORITY TO EXERCISE THE POWERS GRANTED TO THE CITY BY MINN. STAT. CHAP. 462C Getschow said this is first and second readings of an ordinance that gives authority to the HRA to follow through on such issues as the refinancing for the Castle Ridge Apartments, LLC. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the first and second readings of Ordinance 18-2014 granting the Housing and Redevelopment Authority in and for the City of Eden Prairie the powers granted to the City by Minn. Stat. Chap. 462C. Motion carried 4-0. B. RESOLUTION NO. 2014-80 APPROVING ISSUANCE OF REVENUE BONDS BY THE HOUSING AND REDEVELOPMENT AUTHORITY TO REFINANCE A MULTIFAMILY HOUSING DEVELOPMENT FOR THE BENEFIT OF CASTLE RIDGE APARTMENTS, LLC Getschow noted this is the same action at the City Council level as was taken earlier tonight at the HRA meeting for the Castle Ridge Apartment project. CITY COUNCIL MINUTES August 19, 2014 Page 4 MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-80 approving the issuance of revenue bonds by the Housing and Redevelopment Authority in and for the City of Eden Prairie under Minn. Stat. Chap. 462C to refinance a multifamily housing development for the benefit of Castle Ridge Apartments, LLC. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 1. Adopt Resolution No. 2014-79 Authorizing Acquisition of 11201 Burr Ride Lane Ellis said this property was declared a hazardous building, demolished, and removed by the City. The City now seeks to acquire the property to construct a storm sewer system and to stabilize and repair soils. After negotiations by and between the City Attorney's office and the attorney for the owners of the property, the City Attorney's office recommends the City purchase the property for$450,000.00 in exchange for a full and final release and waiver of any and all claims the owners of the property have, or may have, against the City. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2014-79 authorizing execution of the negotiated Settlement Agreement, Release, and Waiver and other documents necessary to conclude the acquisition of 11201 Burr Ridge Lane for$450,000. Motion carried 4-0. 2. Establishment of Slow-No Wake Restrictions Tyra-Lukens noted this is an issue that Council Member Aho brought up at a previous Council meeting. Ellis said at the last Council meeting we had been going through a period of extensive rain events which prompted the discussion about establishing an ordinance in order to have a more rapid response to such conditions in the CITY COUNCIL MINUTES August 19, 2014 Page 5 future. We have been working with the DNR on the process necessary to draft an ordinance. The process would include our holding a public hearing and then sending a transcript of public comment to the DNR along with the proposed ordinance. The DNR would make a determination if they supported the ordinance. If they supported the ordinance, we would then be able to come back through the normal process of our first and second readings. When water levels rose above the high water levels established by the DNR for every lake in the State, there would be an automatic no-wake restriction placed on the lakes included in the ordinance. If there is interest in moving forward, staff would come back at a future City Council meeting with the proposed ordinance and the Council would host a public meeting. He noted staff recommends looking at restrictions for Bryant Lake, Staring Lake and Lake Riley only. Case asked if we have statutory authority over Riley. Ellis said we would need to enact an ordinance similar to that of Chanhassen's. Case noted the main damage of boats to the shorelines from high water conditions occurs to private property around the lakes, and Staring does not have such a situation with private property. Ellis said Riley and Bryant would be the focus of our attention,but Staring Lake has the potential to be a destination as the water quality improves. Case said he would be in favor of drafting such an ordinance. Tyra-Lukens said we heard from residents around Bryant Lake who wanted something done, and this would provide an instrument we could use to respond more quickly. 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 Nelson, to adjourn the meeting. Motion carried 4- 0. Mayor Tyra-Lukens adjourned the meeting at 7:28 PM.