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HomeMy WebLinkAboutCity Council - 06/19/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 19, 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. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RELAY FOR LIFE PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming July 13 and 14, 2012, as "Relay for Life Days." Sue Ellen Toppings, Eden Prairie Relay for Life committee member, accepted the proclamation. She reviewed the event and their goals for fundraising. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is an additional item, Item XI.B., and an update to Item VIII.M on goldenrod paper. Nelson added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5, 2012 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, June 5, 2012 as published. Motion carried 5-0. CITY COUNCIL MINUTES June 19, 2012 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 5, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Ed Muehlberg, Chair of the Heritage Preservation Commission, gave a PowerPoint update of the commission's activities in 2011 and 2012. Butcher Wickstrom asked if the commission is still seeking funding from groups such as the State Historic Preservation Office (SHPO) and if the book published a few years ago about Eden Prairie's heritage is still available. Muehlberg said they are seeking funding for items such as best management practices and some interpretive panels. They have discussed how to distribute the book to schools and to the public. Butcher Wickstrom noted a grant was received to create that publication, and a lot of work was done to produce it. She said she was happy that we are opening up our historic sites to the public. Nelson asked if we are looking into having a website tour of our historic properties. Muehlberg said there is an interactive feature available, and they plan to link the historic sites to the City map. Nelson suggested they add some of the historic pictures of the sites alongside pictures of the sites as they are today. She suggested the Commission's work plan be updated to include work on enhancements to the website. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Second Reading of Ordinance 15-2012-PUD-9-2012 for Planned Unit Development District Review with waivers on 8.4 acres and Zoning District Amendment within the I-5 Zoning District on 8.4 acres ; Resolution 2012-94 for Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Ordinance No. 15-2012-PUD-9-2012 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2012-94 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 16-2012 AMENDING CITY CODE SECTION 2.80 RELATING TO ADMINISTRATIVE APPEAL D. APPROVE SECOND READING OF ORDINANCE NO. 17-2012 AMENDING CITY CODE SECTION 9.05, SUBD. 11 RELATING TO EMERGENCY SERVICE COSTS E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 CITY COUNCIL MINUTES June 19, 2012 Page 3 F. APPROVE WETLAND PERMIT APPLICATION FOR EDEN PRAIRIE WOODS, I.C. 02-5585 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CNA CONSULTING ENGINEERS FOR TUNNEL SERVICES FOR HOMEWARD HILLS RD. CULVERT REPLACEMENT, I.C. 5545 H. ADOPT RESOLUTION NO. 2012-95 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE FLYING CLOUD DRIVE SANITARY AND STORM SEWER REPLACEMENT PROJECTS, I.C. 11-5791 I. APPROVE CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE CO. FOR REPLACEMENT OF WELL 8 ELECTRICAL EQUIPMENT J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BAUER & ASSOCIATES LTD FOR THE ROUND LAKE PARK PHASE I IMPROVEMENTS FOR SITE IMPROVEMENTS K. AWARD BID FOR TENNIS AND BASKETBALL COURT RECONSTRUCTION AT WYNDHAM KNOLL PARK L. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. M. APPROVE THE JOINT POWERS AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) FOR MITCHELL ROAD IMPROVEMENTS N. APPROVE SECOND READING OF ORDINANCE NO. 18-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 19-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF XCEL ENERGY AND ADOPT RESOLUTION 2012-96 APPROVING SUMMARY ORDINANCE FOR PUBLICATION O. APPROVE SECOND READING OF ORDINANCE NO. 20-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 21-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF CENTERPOINT ENERGY AND ADOPT RESOLUTION NO. 2012-97 APPROVING SUMMARY ORDINANCE FOR PUBLICATION P. APPROVE SECOND READING OF ORDINANCE NO. 22-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 23-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF MINNESOTA VALLEY ELECTRIC, APPROVE AGREEMENT WITH MINNESOTA VALLEY ELECTRIC AND ADOPT RESOLUTION NO. 2012-98 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES June 19, 2012 Page 4 MOTION: Nelson moved, seconded by Case, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO COUNCIL COMPENSATION Getschow said at the last meeting the Council gave direction to the City Attorney and staff to put together an ordinance relating to Council compensation. Rosow said the direction the Council provided was that Council compensation should be changed to be the average of the four cities on the list of comparable cities provided in the Budget Advisory Commission's (BAC) report. The proposed ordinance states the monthly salary of the Mayor will be changed from $825 to $1125, effective December 31, 2012. The monthly salary of Council Members will be changed from $625 to $895, effective December 31, 2012. The provision that provided for a $60 monthly technology stipend was wrapped into the new compensation amounts. Tyra-Lukens said the BAC provided the Council with a lot of data regarding salaries paid to councils throughout the metropolitan area. She was very comfortable with the amounts in the ordinance which would put Eden Prairie at a comparable level with a lot of metropolitan cities. She noted there has been no increase since 2002. Case said it was difficult before to compare the Council's compensation with other cities because the technology stipend was separate. He noted the special meeting pay was taken out of the compensation a year or so ago, so we are now wrapping everything together. Aho also liked the fact that it is all inclusive and there are no special pieces. Nelson said she calculated compensation based on a 2% increase per year and that total came very close to the new salary amounts. Rosow noted State law stipulates the salary changes will not take effect until January 1, 2013. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve first reading of the ordinance amending Section 2.05 of the City Code relating to salaries of Mayor and Council Members. Motion carried 5-0. CITY COUNCIL MINUTES June 19, 2012 Page 5 B. FIRST AND SECOND READING OF ORDINANCE NO. 24-2012 AMENDING CITY CODE SECTION 2.33 RELAING TO CRIMINAL HISTORY CHECKS AND ADOPT RESOLUTION 2012-99 FOR SUMMARY PUBLICATION. Rosow said this item is first and second reading of an ordinance to amend City code providing authority to obtain criminal history information. That code authorizes the City Manager to obtain background information for potential employees and applicants for licenses. He said the Bureau of Criminal Apprehension (BCA) recommended changes in our ordinance to conform to their current practices. The data will be more highly restricted. Background checks must be done by the Police Chief, and the information must be maintained in the Police Department and not released to the administrative department. In reviewing the ordinance, staff took a hard look at the mandatory and discretionary categories set up in the ordinance and determined we do not need the discretionary category. The ordinance was amended to provide for background checks for employees, paid on- call firefighters and certain licensing applicants. The ordinance also sets out restrictions on access to data, and the provision that the individual needs to consent to a background check. The proposed ordinance change was reviewed by the attorney at the BCA. Rosow noted this item includes both first and second reading of the ordinance so it requires unanimous consent of the Council to pass. Tyra-Lukens asked about the change for firefighters. Rosow said there is a classification change from paid on-call to employees. Tyra-Lukens asked if that means it will somehow cease to be an all volunteer department. Rosow said they will now be paid on a rotating basis, and this is the Personnel Department's way of dealing with this new development. Getschow noted there has always been some question about how we classify volunteer firefighters. MOTION: Case moved, seconded by Aho, to adopt the first and second reading of Ordinance No. 24-2012 amending City Code Section 2.33 relating to criminal history checks and adopt Resolution No. 2012-99 approving summary ordinance for publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow said we have students in Eden Prairie who serve on almost all of our commissions. It provides a valuable education for the students as well as adding value to the commissions. There will be an orientation session for the students in late summer. MOTION: Aho moved to appoint to the Conservation Commission Natalie Sell for the Spring term, Sara Schmit for the Fall term, and Siddeswari Thunuguntla to CITY COUNCIL MINUTES June 19, 2012 Page 6 Fall and Spring terms; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Kevin Gadel, Peter Humbert, and Emily Richter for the Fall and Spring terms; Tyra-Lukens moved to appoint to the Heritage Preservation Commission Melissa Berman and Leann Zhang for the Fall and Spring terms; Case moved to appoint to the Human Rights and Diversity Commission Kristina Busch for the Fall term, and Jamie Bernard and Camrie Vlasak for the Fall and Spring terms; Nelson moved to appoint to the Parks, Recreation, and Natural Resources Commission Natalie Townsend for the Fall Term, and Yasmin Atef-Vahid, Roseann Awad and Vy Nguyen for Fall and Spring terms. Motion seconded by all. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Condition of Properties Not Beim Lived In--Council Member Nelson Nelson said Council Members received emails from a resident about a property in his neighborhood that was bank owned and not being lived in. She noted there are a number of those in town. She asked if the City knows where the properties are, what we are doing about them, and if there is anything more we should be doing to find out about the properties. Getschow said we have some foreclosed properties in the City,but not many. We work with the Inspection Department, Parks and Recreation Department and the banks to find out which properties those are. The email that Council Members received related to mowing grass. We do have a difficult time being able to respond to those on some occasions. The current protocol is to notify the homeowners or the bank to resolve the situation when the grass reaches ten inches in height. If it is not resolved, staff will go in and mow and then assess the property. Nelson asked if staff is aware of where the properties are and how we keep up with which properties have been abandoned before foreclosure. Getschow said the properties take some time to show up as delinquent in property tax payment. Currently staff is aware of 67 in the City. Nelson asked what we do if a property is bank-owned and is getting run down and overgrown. Getschow said staff will go out to check the property, and if there are violations or issues in regard to upkeep of the property we will enforce those. We are usually made aware of what is in foreclosure. Tyra-Lukens said she too has talked with Mr. Getschow about this. She thought it would be good if someone is serving our country overseas and the neighbors don't help, then the City would take the initiative. Getschow said the Yellow Ribbon network gets involved in those kind of property issues. Rosow said there is a provision in the ordinances for emergency securing of CITY COUNCIL MINUTES June 19, 2012 Page 7 buildings that would present a danger to life or safety, although that is a little more involved process. The City Council would declare the property to be hazardous and present the matter to the court. The court issues an order to secure the property. The provision is not used often,but could be used in serious cases. 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. Highway 101 Update Ellis said there was a discussion about Highway 101 at the previous City Council meeting. He reviewed the history of Hwy 101 as it pertains to the discussion of a reconstruction project. He noted the jurisdiction for Hwy 101 rests with MnDOT because it is a State highway. There was an effort in 1999 among Chanhassen, Eden Prairie, Hennepin and Carver Counties and MnDOT to look at the roadway. A consultant was hired and came up with six alternatives for the roadway. The consultant's alternatives were presented at two public meetings and comment was received. The meeting records indicate there was something of a lukewarm reception, with concerns expressed by the neighborhood about traffic. Chanhassen held their own public hearing process so the study was stopped. A trail was put in on the Chanhassen side. He said we have had discussions with Chanhassen recently. MnDOT has been asked to evaluate the speed limits and to evaluate all of the accidents along the Hwy 101 corridor. Staff will meet with MnDOT to discuss their evaluation. There is a project at Pleasant View Road that ties into Hwy 101 almost at Hwy 62. That project received a grant to make some improvements, and it appears there will be an amber pedestrian beacon put in at that location. Ellis noted this is a very emotional issue right now. He suggested we sit down with MnDOT and discuss the situation when the analysis has been completed to see if there are some improvements that can be made to enhance pedestrian safety. There may be resistance from the neighborhood to widening the roadway. The traffic volumes are dropping on that section of Hwy 101, so there may be no need for a four-lane roadway. 2. Land Alteration Permits for 9805 and 9765 Sky Lane Ellis said there are requests for land alterations for two properties on Sky Lane. Both properties are about five acres, and each is being looked at for a single family subdivision. Neither has yet had a preliminary plat. Hennepin CITY COUNCIL MINUTES June 19, 2012 Page 8 Village Site B is removing 58,000 cubic yards of soil from their site, and this project is looking to import 53,000 cubic yards of soil. An opportunity exists to minimize the number of trips with heavy trucks and lessen the impact on the neighborhood by moving the soil across the street to the Sky Lane properties. He said staff is supportive of the project but wants them to use the MAC property's access road for moving soil onto the sites. The property owners are currently in conversations with MAC. Notices of the proposed land alteration permit request were sent to all property owners around the sites. Tyra-Lukens asked why this would have to be noticed if trucks would be coming into the area anyway. Ellis said it was a voluntary notice. Grading is generally done after plans have been approved, but we believed the neighborhood needed to have an opportunity to give input. Steve Bona, Marsh Cove, LLC, said they have been working with Toll Bros. and MAC and received the first draft of an agreement with MAC yesterday. MAC has stipulations that the road must be secured in the evenings with a locked barricade, and erosion control must be in place. He noted all heavy equipment will be kept off Eden Prairie Road except for one crossing. They will apply for the formal grading permit once the residential projects are approved. Tyra-Lukens asked when the grading would be done. Mr. Bona said they would like to start as soon as possible because Toll plans to begin grading next week and will be ready to haul the material offsite. Case said the Council's concern is always that a large amount of dirt will be dumped around the property if we approve this request. If the proposed projects go away, we would assume it would be needed for another project, but it could sit there for a long time. He wanted to know the safeguard for the City if nothing happens on the property for years to come. Ellis said one of our requirements is that the site be re-vegetated and stabilized, and that would be the case here. Case asked if there is a bonding process. Ellis said the City does require a surety in case everybody walks away from the project. Mr. Bona said they would place the dirt in a manner similar to their plans for the project. Chris Kline, 9700 Eden Prairie Road, was concerned they will change the topography of the two sites. That might affect the drainage from the two sites and cause his property to be devalued. He thought raising up the two sites by ten feet is too much because they are already on a hill. He didn't think this project benefits his property and may decrease its value. Case said that raises a broader point that normally these issues would be determined during the development process where neighbors would have a chance to discuss it and state their concerns. The proposed change in these two sites is taking place outside of the public hearing process. He would want CITY COUNCIL MINUTES June 19, 2012 Page 9 to know staff understands that when the project plans come in, those plans must deal properly with the amount of dirt that has been moved to the two sites. Ellis said staff has looked at the drainage and does not believe there is runoff from this property that would impact Mr. Kline's property. Mr. Bona said he could not speak to all the numbers for the Manley site,but on the Marsh Cove site the drainage rate will be a fraction of what it currently is. Tyra-Lukens said when the projects come in for review if there is a need to take some of the soil off the property, that would be the proponents' expense. Mr. Bona said if his project was draining into the other property, his company would be responsible for that. He noted the grades match between the existing properties to either side, and drainage goes down the swale. Claudio Moreno, 9767 Sky Lane, said he would like to see the project go through due process and was concerned about the dirt laying around without a plan to deal with it. There are several issues that he would like to understand better in the context of a public hearing. These two projects along with the Toll Bros. development will bring about 100 houses into a very narrow area so he was concerned about issues of road access. Case said he would want to know what happens if something goes wrong. He understands there is bond money for the road,but he would want to know if the City would be there to protect the residents if the developers don't end up doing the project. He asked if there is bonded money that would enable the city to go in and make Mr. Kline's property whole. Ellis said the request tonight is for a land alteration permit for two sites for which preliminary plat proposals are in the process of being developed. Those proposals would come to the City through the development process and that would provide the opportunity to set final grading and contours. The security the City would be getting with this land alteration permit would protect against erosion. Case said his concern was what happens if the dirt gets dumped and there is no development process. This request is out of the usual order, and he wanted to make sure the contiguous neighbors are protected if that unforeseeable event happens. Ellis said there are no provisions for the soil to be removed should the projects not move forward. The proponents have provided a grading plan that shows the contours and where the soil will be placed. Tyra- Lukens asked if they will take care of erosion and vegetation. Ellis said they will. Rosow said the Council approves the grading of a piece of property and must be assured the grading being approved will be done in a manner that is acceptable to the Council and staff. A condition for approval would be that the security received also allows the City to go in and draw on that security if the grading is not done in accordance with the plan that was submitted. The City also needs a right of entry to go on the property and do that. That would be an added item normally included in the development agreement. The conditions of the MAC agreement should be included as well. He said none of CITY COUNCIL MINUTES June 19, 2012 Page 10 that will protect against the impact of the development on the value of the property. The City's job is to make sure the development is done properly so there are no nuisances created by the development process. Nelson said she didn't see any reason not to do this if we are doing proper grading and have the right of entry. It will be good for the neighbors not to have all the trucks taking dirt out and then bringing it back in. MOTION: Nelson moved, seconded by Case, to approve land alteration permit(s) for 9805 Sky Lane and 9765 Sky Lane, subject to the following conditions: the City will have the right of entry to the properties, security provided to cover grading and vegetation, and the conditions set forth in the agreement with the Metropolitan Airport Commission (MAC). Motion carried 5-0. 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 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:26 PM.