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HomeMy WebLinkAboutCity Council - 10/15/2024 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 15, 2024 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2024 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, October 1, 2024, and the City Council meeting held Tuesday, October 1, 2024, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. WUNDERLICH PROPERTIES ADDITION BY TWP ARCHITECTS. SECOND READING OF ORDINANCE NO. 12-2024-PUD-08-2024 FOR PUD CITY COUNCIL MINUTES October 15, 2024 Page 2 DISTRICT REVIEW WITH WAIVERS ON 5.13 ACRES, ADOPT RESOLUTION NO. 2024-083 FOR SITE PLAN ON 5.13 ACRES, APPROVE DEVELOPMENT AGREEMENT B. 11609 LEONA ROAD REDEVELOPMENT BY KIMLEY-HORN. SECOND READING OF ORDINANCE NO. 13-2024-PUD—9=2024 FOR PUD DISTRICT WITH WAIVERS ON 3.44 ACRES, ADOPT RESOLUTION NO. 2024-084 FOR SITE PLAN ON 3.44 ACRES, APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION NO. 2024-085 REQUESTING DELL ROAD STATE AID VARIANCE D. APPROVE JUVENILE LIAISON OFFICER AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272 E. AWARD CONTRACT FOR MAINTENANCE FACILITY SHOP FLOOR RECOATING F. APPROVE CONSTRUCTION CONTRACT AGREEMENT FOR RICHARD T. ANDERSON WEST BLUFF OVERLOOK TRAIL STABILIZATION IMPROVEMENT PROJECT TO KURILLA CONTRACTING G. DECLARE PROPERTY AS SURPLUS AND AUTHORIZE DISPOSAL MOTION: Toomey moved, seconded by Narayanan, to approve Items A-G on the Consent Calendar. Motion carried 5-0. IX. PETITIONS, REQUESTS, AND COMMUNICATIONS A. EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS AMENDMENT Getschow explained the proposed bylaw change is designed to continue to promote positive recruitment and retention. The benefit increase will move Eden Prairie Firefighter Relief Association (EFRPA) to the maximum allowable amount, as defined by State Statue, of $15,000 per year of service. In 2018 the City Council approved a Bylaw Amendment to increase the Lump Sum payment from $10,000 per year of service to $12,400 per year of service. In 2018, the City Council also passed a resolution supporting the EPFRA Board of Directors efforts to seek legislation increasing the Lump Sum cap to $15,000 per year of service. The EPFRA Board of Trustees and the membership of the EPFRA held a meeting to discuss the proposed change to the Bylaws on September 19, 2024. Fire Chief Scott Gerber explained the EPFRA is a separate entity that provides services to the Fire Department regarding relief coverage. The benefit increase will move Eden Prairie Firefighter Relief Association (EFRPA) to the maximum CITY COUNCIL MINUTES October 15, 2024 Page 3 allowable amount, as defined by State Statue, of $15,000 per year of service. In short, the change would allow for a penchant be paid should the fund drop below the necessary funds. President of the EPFRA Collin O’Brien, 1132 Ridge Bluff Drive, reiterated the benefit increase will move the EFRPA to the maximum allowable amount, as defined by State Statue, of $15,000 per year of service. The goal is to promote recruitment and retention while promoting financial stability. The EPFRA Board of Trustees and the membership of the EPFRA held a meeting to discuss the proposed change to the Bylaws on September 19, 2024. The measure was passed at a 72 percent approval rate. Mr. O’Brian noted he reached out to an actuary to provide a monthly increase calculation. Firefighters would have the opportunity to opt in or out to the monthly option. Freiberg asked how many people are on the monthly retirement program. Mr. O’Brien stated 103 people are on the monthly program, and 71 would be eligible for the 15 years of service mark. Frieberg pointed out the last increase was in 2009. It would be a disservice to miss an increase. There is a low buying power from the changes in 2009. The changes need to represent everyone. Doug Andrews, 9195 Neill Lake Road, stated the duty crews should be rewarded for their time. The only disagreement is not carrying forward the entire group. There are four groups within the EPFRA: members that are on duty crew, members that are retired, non-members who receive a lump sum, and non- members who receive a monthly pension. Only two of the four groups are being rewarded. The bylaws require equal increases. Case pointed out he used to serve on the EPFRA Board and Council Member Nelson currently serves on the EPFRA Board. He experienced a house fire in 2001, and he will be forever indebted to firefighters. The Fund is currently well- funded. However, he was on the Board during the previous recession. The Council has the responsibility to maintain the Fund. Case noted the Council may only take actions allowed by State Statute. Should the Council deny the motion, the EPFRA can still move forward with the action. If the Fund were to drop below a certain threshold, then the payouts would be impacted. The Council may consider an actuarial assessment, as suggested by Council Member Freiberg. Case added he will support the motion. In the past, there wasn’t an incentive to take the lump sum. In the past 12 years, the lump sum has been changed three times while the monthly has not been changed, all of which were completed by CITY COUNCIL MINUTES October 15, 2024 Page 4 predefined, democratic processes. Ultimately, there appears to be two separate issues, and the monthly payment should be reconsidered down the line. Freiberg agreed the monthly payment aspect should be revisited in the future. He encouraged the EPFRA to obtain actuarial numbers. Nelson explained she supported the proposal in her role on the Association Board. She pointed out firefighters are essential to the community and thanked present and past firefighters for their service. The monthly should be revisited at a future date. Narayanan noted his agreement with Council Member Freiberg. Toomey thanked the firefighters for their service and noted her appreciation. It appears to be two separate issues. An actuarial report would be beneficial, and there is an opportunity to address the monthly payments down the line. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to approve the Eden Prairie Firefighter Relief Association (EPFRA) Bylaw change as unanimously recommended by the EPFRA Board of Trustees and approved by the general membership of the EPFRA. Motion carried 5-0. X. PETITIONS, REQUESTS, AND COMMUNICATIONS A. PUBLIC HEARING FOR APPROVAL OF 2024 SPECIAL ASSESSMENTS, RESOLUTION NO. 2024-086 APPROVING SPECIAL ASSESSMENTS Getschow explained year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council has a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees, and removal of tall grass, weeds, trees, and a hazardous building. Staff recommends Council approve the list of assessments. The public has the opportunity to pay the fee before it is assessed to the property. The public also has the option to address the Council at the public hearing. There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing, and to close the public hearing for the approval of the 2024 special assessments and adopt Resolution No. 2024-086 approving all Special Assessments presented in the fall of 2024. Motion carried 5-0. XI. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims CITY COUNCIL MINUTES October 15, 2024 Page 5 as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XII. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF ORDINANCE ADOPTING NEW CITY CODE SECTION 5.80 RELATING TO OUTDOOR DINING AREA DOG PERMITS Case explained under Minnesota Statutes Section 157.175, a city may permit food and beverage establishments to allow dogs in designated outdoor areas, such as patios, but only if the city has adopted an ordinance establishing a permit process for such use. Getschow noted there are also requirements for the dog’s behaviors which are addressed in the Cover Sheet. If the item were to pass, it isn’t official until it is published. Finally, obtaining a permit is free. MOTION: Toomey moved, seconded by Narayanan, to approve the first and second reading of Ordinance No. 14-2024 amending City Code Chapter 5 by adopting a new Section 5.80 relating to outdoor dining area dog permits, and to adopt Resolution No. 2024-087 approving the summary ordinance and ordering the publication of said summary. Motion carried 5-0. XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF 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 CITY COUNCIL MINUTES October 15, 2024 Page 6 Case commended Staff for two recent successful events, noting that both the Open House and the Harvest to Halloween Festival were well-received. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:51 p.m. Respectfully submitted, Sara Aschenbeck, Administrative Support Specialist