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HomeMy WebLinkAboutCity Council - 03/03/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 3, 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 Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Members Butcher Wickstrom and Nelson were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM EDEN PRAIRIE SMILES (Resolution 2015-31) Lotthammer thanked Eden Prairie Smiles for their donation of$5,000 for Park and Recreation special events. He noted their donation will be recognized as a platinum sponsor at several events during the coming year. MOTION: Aho moved, seconded by Case, to adopt Resolution 2015-31 accepting the donation from Eden Prairie Smiles for$5,000 for Parks and Recreation special events. Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A. 1. Case added Item XI V.A.2. Getschow said Item IX.A. will be postponed to allow time for the proponent to work out details of their project. That item should not be included in tonight's agenda. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 3-0. CITY COUNCIL MINUTES March 3, 2015 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2015 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, February 17, 2015, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, February 17, 2015, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Second reading of Ordinance 2-2015-PUD-1-2015 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 No. 2-2015-PUD-1-2015 for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) C. AWARD CONTRACT FOR RELOCATION AND CONSTRUCTION OF NEW GARDEN ROOM ENTRANCE ON MAIN FLOOR OF THE CITY CENTER BUILDING TO GARDNER BUILDERS D. AWARD CONTRACT FOR 2015 STREET SWEEPING TO RELIAKOR SERVICES, INC. E. APPROVE A CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY TO UPGRADE ELECTRICAL EQUIPMENT IN WELLS NO. 11 AND NO. 13 F. APPROVE CHANGE ORDER NO. 2 FOR SHADY OAK ROAD NORTH G. ADOPT RESOLUTION NO. 2015-32 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS (7004 SPRING HILL CIRCLE) H. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO FURTHER THE GOALS OF THE SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK CITY COUNCIL MINUTES March 3, 2015 Page 3 MOTION: Aho moved, seconded by Case, to approve Items A-H of the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. HIGH POINT AT RILEY CREEK 2ND by DR Horton. Request for Zoning District Change from Rural to R1-13.5 on 5.35 acres and Preliminary Plat into 10 lots, 3 out lots and road right of way on 5.35 acres. Location: 16540 Beverly Drive. (Ordinance for Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) (Item removed from agenda) B. 2015 CDBG FUNDING RECOMMENDATIONS (Resolution No. 2015-33) Getschow said this item is an annual event to make recommendations and hold a public hearing about Community Development Block Grant(CDBG) funding allocations. The City's allocation for 2015 is $227,139, and seven programs are recommended to receive funding. Tyra-Lukens noted the CDBG program was initiated with bipartisan support to provide funding from the Federal government for anti-poverty and housing programs. The program gives the City the decision as to how to use the money. Deb Taylor, representing Household & Outside Maintenance for the Elderly (HOME), reviewed the HOME program that is designed to help residents remain in their homes. She thanked the Council for the funding. Tyra-Lukens asked how they promote their services to the community. Ms Taylor said they have redesigned their logo, there are articles in newsletters, and they market to the community through churches and senior events. Case asked if links to organizations funded by CDBG funds are put on our website. Getschow said the City does devote space on our website for some of the social agencies we provide funding for. Janet Palmer, Executive Director of PROP, assured the Council Members that PROP is in great shape. She thanked the Council for the CDBG funding and noted last year they were able to help 25 families avoid homelessness with this funding. A representative of the YMCA reviewed their before and after school programs. They also provide an option for full day programs when school is not in session and during the summer months. There currently are 771 participants in the program, including 269 students at their new locations at Oak Point and Eagle Heights. Christine Hart,representing CAPSH, reviewed their program and requested continued funding to support the vehicle repair program. She noted the vehicle repair program was used by 21 Eden Prairie households last year. CITY COUNCIL MINUTES March 3, 2015 Page 4 Tyra-Lukens asked how long the funding lasts. Ms Hart said they go through the funding very quickly. Tyra-Lukens noted the partnership with some local auto repair places is great. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution 2015-33 approving the use of 2015 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESCIND FIRST READING OF POINT OF SALE ORDINANCE Getschow said the City Council approved first reading of a Point of Sale inspection ordinance at the February 3 meeting. Staff is now asking that the Council rescind approval of the first reading of the ordinance. He said the goals and intent of the ordinance was to enhance the supply of safe housing, prevent the deterioration of our housing stock, and protect the welfare and safety of our residents. It became clear,however, that the program did not have the support of many community members nor that of the real estate community. The ordinance is probably not the best way to meet the goals at this time. Fire Chief Esbensen said during the 1990's the City began a drive to maintain certain minimum standards of housing in the City, and the Point of Sale ordinance was to be the next step in that program. We received a lot of feedback since first reading of the ordinance was enacted. It is obvious this is not the right time nor is it the right vehicle. He said staff will continue to work with the real estate community to get input from them. We do want to have a goal of maintaining the housing stock, and there may be a creative way of doing that somewhere down the line. Tyra-Lukens asked if we are rescinding both parts of the ordinance or one. Rosow said there is only one part of the ordinance. Comments made about two parts may have been referring to first and second reading of the ordinance; however, the Council has only passed first reading so only approval to rescind the first reading is necessary. Getschow said there have been many occasions where the first reading of ordinances occurs but they do not come back for second reading or are delayed for some time. We could have chosen to simply not have the item come back for second reading, but we decided to bring it back and rescind it. CITY COUNCIL MINUTES March 3, 2015 Page 5 MOTION: Aho moved, seconded by Case, to rescind the approval of the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.17 relating to Point of Sale inspections. Motion carried 3-0. Case said he has read many emails over the last couple of weeks that expressed a lot of heartfelt feelings and gave some good perspectives. The intent of the City Council and staff from the first day was to look at how we can protect the quality of this community and how to do our best for Eden Prairie and individual homeowners. Our housing stock is beginning to be of an age where we will worry about it. We know there are a few areas that are in need of maintenance and that might begin to bring down the whole neighborhood. We were trying to be proactive and do something to enhance and protect the quality of our housing stock; however, it appears this isn't the right time nor is this the right way. He noted we will have to do something over the next 10-15 years, so we will need to continue the conversation. XIII. APPOINTMENTS A. COMMISSIONS Getschow noted the Council conducted interviews for the open positions on the commission last week. He noted there were more applicants than positions this year. MOTION: Aho moved to appoint to the Conservation Commission Amanda Anderson, Leanne Ashley and Gena Gerard with terms ending March 31, 2018; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission Bob Barker, Kurt Schendel and Joseph Sutila with terms ending March 31, 2018, and Victoria Price with a term ending March 31, 2016; Case moved to appoint to the Heritage Preservation Commission Tara Kalar, Steven Olson and Paul Thorp with terms ending March 31, 2018; Aho moved to appoint to the Human Rights and Diversity Commission Sandra Filardo and Gregory Leeper with terms ending March 31, 2018; Tyra-Lukens moved to appoint to the Planning Commission Ed Farr and Travis Wuttke with terms ending March 31, 2018. Motion seconded by Case. Motion carried 3-0. B. BOARD OF APPEAL & EQUALIZATION Getschow said the Board of Appeal & Equalization is a group made up of members who have real estate expertise in Eden Prairie. The Board hears issues and appeals regarding property valuations. There are State laws regarding their training and appointment. There are three other members of the Board in addition to tonight's two appointees. Tyra-Lukens asked if the Board meets for about three months each year. Getschow replied they typically have two meetings each year. CITY COUNCIL MINUTES March 3, 2015 Page 6 MOTION: Aho moved, seconded by Case, to appoint to the Board of Appeal and Equalization Nate Thompson and Denise Kraemer for the period of March 1, 2015, through May 31, 2015, or until the Board of Appeal and Equalization completes its work. Motion carried 3-0. C. BOARD & COMMISSION CHAIRS AND VICE CHAIRS Getschow said every year the Council also appoints the Chair and Vice Chair of each Commission. MOTION: Case moved to appoint Lyndon Moquist- Chair and Annette O'Connor - Vice Chair of the Board of Appeal & Equalization; Tyra-Lukens moved to appoint Greg Olson - Chair and Laura Jester- Vice Chair of the Conservation Commission; Aho moved to appoint Keith Tschohl - Chair and Caryl Hansen - Vice Chair of the Flying Cloud Airport Advisory Commission; Case moved to appoint Steven Olson - Chair and Ed Muehlberg - Vice Chair of the Heritage Preservation Commission; Tyra-Lukens moved to appoint Sandra Filardo - Chair and PG Narayanan - Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link - Chair and Deborah McBride - Vice Chair of the Parks, Recreation and Natural Resources Commission; Case moved to appoint Jon Stoltz - Chair and John Kirk- Vice Chair of the Planning Commission. Motion seconded by Aho. Motion carried 3- 0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Multiple Myeloma Awareness Month - Council Member Aho Council Member Aho said he was diagnosed last year with multiple myeloma. He provided some statistics about multiple myeloma, and said he wanted to make people aware that March is Multiple Myeloma Awareness month. 2. Concerns with the New Watershed District Rules - Council Member Case Case said an issue came up this week that illustrates a concern he has had in the past with the new Riley-Purgatory-Bluff Creek Watershed District rules. The City Council gave support to the expansion of parking at the Green Acres Event Center. A total of 14 government agencies were involved in getting approval to move the NURP pond slightly in order to expand the parking. The Riley-Purgatory-Bluff Creek Watershed District has now placed a$89,000 bond on the Green Acres property. He would like to hear from staff and the City Attorney about this situation. The owner of Green Acres did everything he could to get everyone on board, and then the CITY COUNCIL MINUTES March 3, 2015 Page 7 watershed district came in and imposed the bond. He did not believe the watershed rules would be binding at this point. Rosow said in September he wrote an opinion memorandum as to whether the Riley-Purgatory-Bluff Creek Watershed District has authority to promulgate rules concerning use of water and land within the district. The conclusion was that a watershed district located wholly within the metropolitan area may directly regulate use of land and water within the watershed only under three criteria, one of which is that the local government does not have a properly approved and adopted water management plan. In this situation the other two criteria do not apply, and Eden Prairie has a properly approved and adopted local water management plan. Rosow said in December the watershed district adopted new rules. After the watershed's plan is adopted, the City has a period of time to adopt our new plan. We are in the process of preparing that plan and will submit the new plan to the watershed district and to the Met Council for their review and approval. His opinion last year was, until our new plan is submitted and reviewed, the watershed district does not have authority to implement its rules in Eden Prairie. Until such time as we submit a plan and adopt the appropriate amendments to our local controls we will still have a plan that is approved. He said his opinion has not changed since last year. In terms of what is next,he thought we ought to communicate our position to the watershed district, and we should discuss strategy and procedure with Mr. Getschow as to how we go about doing that. He noted by law permit fees are not designed to be money-making ventures,rather fees are meant to reimburse costs. Tyra-Lukens asked what happens if we reiterate our position and they hold firm on their interpretation. Rosow replied there are actions we could discuss doing if that came to be. As a city we have an interest in assuring that our rules are the ones that are in place. If another agency is not acting in conformance with our laws, there is recourse for that. Case asked if it would be appropriate for the Council Members to reach out and let the business owner know what we are doing. He would like that overture to be made to clarify the situation. Aho said it is very important for us to assure our businesses that the City is in control over development in Eden Prairie and are following the laws. Case commented all the City Council Members care about wetlands and water quality,but this is a small scale re-do that is being slapped at the last minute with a $89,000 bonding requirement for what the City is already going to do. CITY COUNCIL MINUTES March 3, 2015 Page 8 Getschow said staff will be in contact with Green Acres and with the Riley- Purgatory-Bluff Creek Watershed District. 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 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 meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 7:52 PM.