HomeMy WebLinkAboutCity Council - 10/01/2013 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 1, 2013 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, Finance Director Sue Kotchevar, City
Attorney Ric Rosow, and Council Recorder Jan
Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was
absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Getschow added Item VIILF. to the Consent Calendar. Case added Item XIV.B.1.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion
carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2013
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes
of the Council workshop held Tuesday, September 17, 2013, as published. Motion
carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2013
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, September 17, 2013, as published. Motion
carried 4-0.
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VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2013-85 DECLARING PROPERTY ABANDONED
C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR
ENGINEERING COMPANY FOR RIVERVIEW ROAD CULVERT
REPLACEMENT PROJECT
D. APPROVE GRANT AWARD FROM RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT FOR RILEY CREEK STABILIZATION PROJECT
E. AUTHORIZE STAFF TO SUBMIT WINTER TRAIL ACTIVITIES PERMIT
APPLICATION TO THREE RIVERS PARK DISTRICT FOR THE 2013-2014
WINTER SEASON USE OF THE LRT TRAIL
F. APPROVE AGREEMENT WITH HENNEPIN COUNTY FOR ACCESS TO
CAD DATA
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-F
of the Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. HOUSING IMPROVEMENT AREA FOR FAIRWAY WOODS II
CONDOMINIUM ASSOCIATION
Getschow said this is a public hearing for a Housing Improvement Area (HIA) for the
Fairway Woods 11 Condominium Association. At a later date, staff will return with
an ordinance related to this HIA. He noted Housing Improvement Areas are a new
program in the City.
Molly Koivumaki, Housing and Human Services Manager, reviewed the program for
HIAs, noting the program was presented last fall at a Council workshop on Economic
Development. The purpose of the program is to help keep viable housing stock in the
community. The program is very specific in how it operates, so there is not a lot of
room to modify it. The HIA is a tool that designates a homeowners association area
that needs financial assistance to keep the structures viable. The homeowners
association has to prove that they would not be able to make the improvements if
they did not receive the assistance, and the improvements have to be done in areas
that are common to the whole association. She reviewed the operation of the
program, noting the City provides the resources for the improvements and is then
repaid with property taxes, generally over a period of 15 years.
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Case asked if the reason they don't use the association fees to fund the improvements
is because they are not able to go out to get the financing. Koivumaki said they have
to show the City they wouldn't have the reserves necessary and the improvements
would require a very large assessment. They must prove that they tried to get loans
for the improvements. Case then asked if the City acts as a kind of pass-through.
Koivumaki replied that was correct. Staff will come back with the ordinance that will
specify the financial information. Case asked if a public hearing is necessary because
it is an assessment process. Koivumaki said that was correct.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing.
Case said he understood we are just holding the public hearing tonight and staff will
bring back the financial information later. He asked if all of the residents of an
association must be in favor of it or if it can be an action by the association
leadership. Getschow replied the leadership requests the HIA. He noted the Council
would vote on each project on its own merits.
VOTE ON THE MOTION: Motion carried 4-0.
B. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services,
Inc. Request for Planned Unit Development Concept Review on 71 acres, Planned
Unit District Review on 71 acres, Zoning District Amendment within the Office
Zoning District on 71 acres and Preliminary Plat of 71 acres into 3 lots and 8
outlots. Location: 11155 62"'St W. (Resolution No. 2013-86 for PUD Concept
Review, Ordinance for PUD District Review and Zoning District Amendment,
Resolution No. 2013-87 for Preliminary Plat)
Case said he is employed at United Health Group (UHG) and recused himself from
the discussion and vote. He turned the meeting over to Council Member Butcher
Wickstrom and left the Council Chamber.
Getschow said this project is back for some revisions to their plan. There are three
main elements to the request for revision: replat the property for mortgage purposes
which requires waivers related to setbacks and floor area ratio; waivers to amend the
approved sign plan for additional signs and change the location and size of the wall
signs; a minor waiver for the landscaping and tree replacement requirements.
Dave Pelner, representing UHG, addressed the proposal. He said they have been
advancing the design of the project, are nearing completion of Phase 1, and will be
occupying the first two buildings in February 2014. They are looking at some slight
refinements in the project.
Miles Lindberg, representing Westwood Professional Services, reviewed the PUD
and plat changes proposed, the waivers requested and the landscaping changes.
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Bill Blanski, HGA Architects, reviewed the five sites for changes modifications to
the approved signage plan.
Nelson asked about the size of the previously-approved wall sign. Mr. Blanski said
there were two wall signs approved at 200 square feet each, or 400 square feet total.
Nelson asked if they are requesting two signs at 500 square feet each. Mr. Blanski
replied they are. Nelson asked about the size of the biggest sign we have approved in
the City. Aho noted this is a 15-story building with the sign near the top, and there
are no other structures in the City of that height. He thought it may not be applicable
to compare other signs in the City.
Nelson said approving the request says we are willing to go to this size sign in the
future. We have let people combine signs to allow for a bigger sign,but this goes
from 400 square feet to 1000 square feet and is precedent setting. She believed this is
worth some additional thought.
Jeremiah said we don't have exact sizes of variances we have approved, but this is
fairly commensurate with other approved variances. The total signage package
includes 574 square feet of additional signage. She noted we have approved variances
for taller buildings that are viewed from nearby highways.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt
Resolution No. 2013-86 for Planned Unit Development Concept Review on 71
acres; to approve 1 st reading of the ordinance for Planned Unit Development
District Review with waivers, and Zoning Amendment in the Office Zoning
District on 7lacres; to adopt Resolution No. 2013-87 for Preliminary Plat on 71
acres into 3 lots; and to direct staff to prepare a development agreement
incorporating staff and commission recommendations and Council conditions.
Rosow said the summary plat identifies an LRT way, and we are obtaining through
the development agreement the dedication of the LRT line at that location. We need
to have some further conversations about how this works, and that should be one of
the conditions of approval of the preliminary plat should be to have the City resolve
the issue regarding dedication of the LRT line. He noted the legal description
attached to the ordinance and resolution are inaccurate and will need to be changed to
those attached to the new plat.
AMENDMENT TO THE MOTION: Aho moved, seconded by Nelson, to
include as conditions that the issue regarding dedication of the LRT line be
successfully resolved and that the legal description be changed to those included in
the new plat. Motion carried 3-0.
VOTE ON THE MOTION AS AMENDED: Motion carried 3-0.
Acting Mayor Case returned to the Council Chamber and resumed the Chair.
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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 Case voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Impact of Federal Government Shutdown on Eden Prairie
Getschow said there should not be much of a direct effect on the City of Eden
Prairie. We receive very little federal aid nor do we have programs currently
operating in the City that rely on federal funding or that are operated by the
federal government. Depending on the length of the shutdown, there are some
concerns with the CDBG program where we use federal dollars to fund our
housing redevelopment loans and first-time home buyers'programs. There
should be no effect on City services. Staff will continue to monitor the
situation, and there are organizations such as the National League of Cities
that provide information to track the issues.
Case asked if there are any concerns with the Flying Cloud Airport and the
FAA. Getschow said he will follow up on that question.
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
1. Duty Crew Update
Fire Chief Esbensen gave a PowerPoint update of the fire duty crew. He noted
the duty crew was started on October 1, 2012. He reviewed the implementation
of the duty crew and their statistics for the last 12 months. He said the duty
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crew allows for more flexibility.
Case said it feels as though this program has worked out. Esbensen said the
families of the firefighters are very happy with it, and it has helped with
recruiting. Case said these are the results we had hoped for with the program
and noted the additional financial commitment was a small amount to pay for
the safety it brings.
Nelson said she was very happy the duty crew helps the firefighters' family
lives, and that is important for retention purposes.
2. Building Department Activity Report
Esbensen said the hail storm in August had a big impact on the Building
Department in a number of ways. Thus far they have issued over 1500
permits to reroof houses, and they estimate 3300 homes have roofs damaged
by the storm. He noted 1000 of the roofing permits were issued under the e-
permit system. Homeowners and small contractors appreciate the e-permit
system because they don't have to make a trip to City Hall for the permit.
Esbensen said the large number of permits has also had an effect on the
revenue received from permit fees. We are at almost$2,100,000 in building
permit revenue. Case asked what amount was expected. Getschow said
$1,700,000 was in the budget, with $2,000,000 budgeted for the next two
years. Getschow noted we have a long term plan to smooth out revenue over
time. We have tried to hire contractors and part-time workers to take care of
the work load.
Case said this reminds him of the situation in the late 1990's when we had
extra revenue and started the Budget Stabilization Fund. He suggested we
have more conversations about how we will use the extra permit revenue.
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. Acting Mayor Case adjourned the meeting at 7:54 PM.