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City Council - 02/17/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 2015 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 Dan Gregerson, 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Items XIV.A. 1 and 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, FEBRUARY 3, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, February 3, 2015, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2015 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, February 3, 2015, as published. Motion carried 4-0. CITY COUNCIL MINUTES February 17, 2015 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 1-2015 AMENDING CITY CODE CHAPTER 5 RELATING TO REGULATION OF PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION NO. 2015-28 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE CONTRACT WITH KEYS WELL DRILLING COMPANY TO SERVICE PUMP EQUIPMENT IN WELLS NO. 11 AND NO. 13 AND INSTALL NEW FLOW METER PUMPING SYSTEM COMPONENTS D. AWARD CONTRACT TO ST. CROIX ENVIRONMENTAL SERVICES, FOR WELL 11 & 13 REHABILITATION WORK E. AWARD CONSTRUCTION CONTRACT FOR BITTERSWEET DRIVE CULVERT REHABILITATION TO INSITUFORM TECHNOLOGIES USA, LLC F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR PURGATORY ROAD G. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF THE PROPERTY H. AWARD CONTRACT FOR REPAIR OF RINK 1 HVAC AT COMMUNITY CENTER TO NORTHERN AIR CORPORATION I. ADOPT RESOLUTION NO. 2015-29 AUTHORIZING STAFF TO SUBMIT A FUNDING APPLICATION THROUGH HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM FOR THE WEST 70Tx STREET EXTENSION PROJECT MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-I of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 16,AND AMENDMENT NO. 4 TO THE PROJECT MANAGEMENT AGREEMENT Getschow said this public hearing was continued from the January 20, 2015, CITY COUNCIL MINUTES February 17, 2015 Page 3 meeting. Staff recommends continuing the public hearing to the March 31, 2015, meeting to allow time for continued negotiations with the developer on the length of the extension of the term for the affordable units. MOTION: Nelson moved, seconded by Butcher Wickstrom, to continue the public hearing on the resolution approving Modified Tax Increment Financing Plan, District No. 16, and Amendment No. 4 to the Project Management Agreement to the March 31, 2015, City Council Meeting. Motion carried 4-0. B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Request for Planned Unit Development Amendment with waivers on 13.5 acres and Zoning District Amendment on 13.5. Location: 6418, 6425 and 6434 City West Parkway. (Ordinance for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) Getschow said with the recent construction associated with Shady Oak Road, the property owner of the City West Apartments and the City have been negotiating regarding additional property needed for easement areas resulting from the Shady Oak Trail construction project. The easement areas will impact parking on the northwest corner of the site. Two impacted parking stalls are able to be relocated and replaced to the east of their current location. Five potentially impacted parking stalls would be eliminated. The waiver to the parking requirement allows the site to remain in conformance with City approvals considering the results of the impacts from the expanded Shady Oak Trail project. The Planning Commission voted 6-0 to recommend approval of the project and waiver to the PUD at the January 26, 2015, meeting. Aho asked if the owner of the apartment complex was amenable to losing these parking stalls. Gregerson said they asked us to consider the waiver and we decided to go back and amend the PUD agreement to avoid potential property issues in the future. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, to approve first reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres, and to direct staff to prepare an amendment to the development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, 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 February 17, 2015 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Letter from Cushman & Wakefield -- Mayor Tyra-Lukens Tyra-Lukens read portions of a letter she received from representatives of Cushman &Wakefield praising City staff who were involved with the leasing of the City Center to Supervalu. 2. City Award Program -- Mayor Tyra-Lukens Tyra-Lukens suggested the City consider implementing a City award for excellence in landscaping and lighting. Many cities have similar awards, such as the Community Image Award in Hopkins. The award could be given to a business, a multi-family residence or a residence for improvements to exterior landscaping, accessibility, lighting, signs or exterior building improvements. If the Council Members are interested, she suggested the idea be passed along to one of the commissions for further research and discussion. She expected it would be a very low cost program. Getschow noted the cost of the program in Hopkins was for staff time for a once-a-year contest and the award itself. Butcher Wickstrom said it would be a great way to get citizen engagement. The consensus of the Council Members was to implement such a program. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Resolution No. 2015-30 Supporting Participation in the Open to Business Program Jeremiah said staff is recommending the City be involved in the Open to Business program again this year. The cost of the program is $5000 per year and is matched by Hennepin County. This is the fourth year we have participated in the program, and it continues to be a very successful program. Most of the information is given through the City's advertisements on the website. In 2014 the program helped a total of 18 businesses in the City and 91jobs were retained or created through the program. CITY COUNCIL MINUTES February 17, 2015 Page 5 Butcher Wickstrom commented she loves this home-grown effort and did not think it supplants any other small business program. She noted there are a very large percentage of businesses that are in individual homes. Jeremiah said we have calculated there are 2800 businesses in the City, and close to 30% of those are operated out of homes. She noted this year the program will be marketed more to the home businesses. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-30 supporting the City's participation in the Open to Business program and committing to funding one half of the cost or$5,000. 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 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 7:20 PM.