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HomeMy WebLinkAboutCity Council - 05/24/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 24, 2016 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS PROCLAMATION Tyra-Lukens read a proclamation proclaiming May 2016 to be Senior Awareness Month. She said Eden Prairie has a long standing tradition to recognize seniors during this month each year. C. HUMAN RIGHTS AWARDS (taken out of sequence) Human Rights & Diversity Commission (HRDC) member Greg Leeper presented a Business Award to Wynne Anderson of World Auto because of World Auto's inclusive, fair-minded, and `above and beyond' support to many residents who access the car repair assistance program. The staff at World Auto model what it looks like to offer respectful, sensitive and compassionate service to families who are facing barriers and are often in a time of crisis. Along with their extra mile support to families, World Auto is an outstanding partner with PROP and has proactively built relationships with the case management team there to best serve their mutual customers. CITY COUNCIL MINUTES May 24, 2016 Page 2 HRDC student commissioner Turner Gunderson presented a Business Award to Brunswick Zone to recognize Brunswick Zone and its staff for being an inclusive, accommodating, and supportive business for adults and children with disabilities. The Brunswick Zone staff works with AR&LE that serves individuals with disabilities in Bloomington, Edina, Eden Prairie and Richfield and TRAIL, a local nonprofit. Brunswick staff are welcoming, know many of the participants by name, and make each of their adaptive bowlers feel comfortable and very special. HRDC student commissioner Adrienne Retzlaff presented the Individual Award to Hanadi Chehabeddine. She said Ms Chehabeddine upholds the values of the Manifesto through her work to build bridges of unity by dismantling misinformation and fear about Muslims. She seeks to counteract the negativity in much of the media by living out and speaking about the peacefulness of Islam. Tyra-Lukens congratulated the award recipients and thanked them for all they do for the community. B. HERITAGE PRESERVATION AWARD Tyra-Lukens said the Heritage Preservation Award recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. Heritage Preservation Commission Chair Steve Olson said many people care about the City of Eden Prairie and our heritage, and this award was initiated in recognition of those who help to preserve those resources and promote the use of the historic sites. He said the recipient of the 2016 Heritage Preservation Award is Steven Schussler for his preservation of the Goodrich-Ramus Barn, now known as the Green Acres Event Center. Olson noted the barn was destined to be demolished,but it was found to be of historic significance because of certain features of its construction. Mr. Schussler read about the barn in the Minneapolis newspaper and offered to purchase it, and, after an investment of$1.5 million, opened the event center in 2013. He thanked Mr. Schussler for his investment in the community. Steven Schussler thanked the City Council and City staff for their support of the project. He noted it was a dream of many members of the community, including the HPC and the Eden Prairie Historical Society, to restore and preserve the barn. D. ACCEPT TREE DONATION (RESOLUTION NO. 2016-65) Lotthammer said in the spirit of Arbor Day, the VanLangendon family would like to donate $510 to purchase three Serbian spruce trees to be planted at Rice Marsh Lake Park. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-65 accepting the donation in the amount of$510 from the VanLangendon family towards the purchase and planting of three Serbian Spruce trees at Rice Marsh Lake Park. Motion carried 5-0. CITY COUNCIL MINUTES May 24, 2016 Page 3 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2016 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 3, 2016, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2016 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 3, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Case asked that Item VIILF.be considered separately as he planned to abstain from voting on that item A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 11-2016 AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS AND ADOPT RESOLUTION NO. 2016- 6E APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION NO. 2016-67 APPROVING FINAL PLAT OF SHADY OAK CROSSTOWN SECOND ADDITION D. DECLARE ABANDONED PROPERTY E. AWARD CONTRACT FOR 2016 CONCRETE SUPPLY TO CEMSTONE F. APPROVE CHANGE ORDER NO. 2 FOR SOUTHERN SEGMENT OF THE SHADY OAK RD. IMPROVEMENTS G. APPROVE CHANGE ORDER NO. 1 FOR WEST 70TH ST. EXTENSION IMPROVEMENT PROJECT CITY COUNCIL MINUTES May 24, 2016 Page 4 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR 11193 BLUESTEM LANE I. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR PHASE VI POND INVENTORY AND INSPECTION PROGRAM J. APPROVE LEASE FOR COMMUNITY GARDENS AT PIONEER TRAIL K. REJECT BIDS FOR MILLER PARK STORAGE BUILDING L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PHASE II M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER FIELD 8 IMPROVEMENTS N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF FIELD 10 AT MILLER PARK O. AWARD CONTRACT FOR STARING LAKE PLAY AREA RENOVATION P. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE PHASE II Q. AWARD CONTRACT FOR WATERFORD ROAD AREA AND LARKSPUR LANE AREA SUMP PUMP COLLECTION SYSTEM PROJECT TO VALLEY RICH CO., INC. MOTION: Case moved, seconded by Aho, to approve Items A-E and G-Q on the Consent Calendar. Motion carried 5-0. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item F on the Consent Calendar. Motion carried 4-0-1, with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2016-68 VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION Getschow said this is a vacation of easements related to the BP and Starbucks project in the Shady Oak Crosstown 2nd Addition. These easements will be vacated, and new ones will be dedicated. The City is required to hold a public hearing to consider vacating utility easements. There were no comments from the audience. CITY COUNCIL MINUTES May 24, 2016 Page 5 MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2016-68 vacating the public Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Shady Oak Crosstown Addition, Hennepin County, Minnesota. Motion carried 5-0. B. CLIMATECH by Climatech. Request for Site Plan Review on 6.98 acres. Location: 6950 Washington Ave. S. (Resolution No. 2016-69 for Site Plan Review) Getschow said a few months ago the Council passed a resolution authorizing an application for a Department of Employment and Economic Development(DEED) loan to Climatech through DEED's Minnesota Investment Fund (MIF). This item is a site plan review of the project. The proposed plan includes exterior improvements, a new office and visitor parking entrance, parking lot re- configuration inclusive of a storm-water infiltration pond, and a new silo. It is a one-story office/warehouse building of approximately 90,000 square feet that was constructed on site in 1974. The current structure meets the current required exterior building materials and structure setback requirements for the I-5 Zoning District. The Planning Commission voted 6-0 to recommend approval of the project at the April 25, 2016, meeting. Scott Ringlan, COO of Climatech, reviewed the proposal, and noted the site fit perfectly with their requirements. He said Climatech is 100% employee owned. Jeremiah Simones, architect,reviewed the site plan and landscaping plans for the project which will update the parking, add new dock doors, and add new windows and a vestibule. Tyra-Lukens asked if what they refer to as the silo abuts the building itself. Mr. Simones replied it is next to the building and is about eight feet higher than the building. Butcher Wickstrom asked if there will be noise associated with use of the silo. Mr. Ringlan said trucks will pull up and empty their loads into the silo. The material will then be fed into the plant. Tyra-Lukens noted this will be a big improvement over what is there today. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution 2016-69 for Site Plan Review on 6.98 acres. Motion carried 5-0. CITY COUNCIL MINUTES May 24, 2016 Page 6 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, 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 SECTIONS 6.01 TO 6.03 AND 6.05 TO 6.07, RELATING TO RIGHT-OF-WAY Getschow said this item deals with utility work in the right-of-way and updates the standards for those that work in the City's right-of-way. Recent concerns about the number of public and private utilities vying for space in the right-of-way and the manner in which project areas are being restored has led to the need to amend the code to set more specific and stringent standards. In addition to a number of editorial changes, the following specific changes were made: permit application information requirements; standards for underground utility installation; standards for above ground system installations; standards for notification of affected property owners prior to work starting; standards for site restoration; addressing failure to perform work in a safe and expeditious manner. He said staff believes this would be a positive update to the City code. Nelson said she has had a couple of complaints about this and asked how fast the utilities are required to restore the area. Ellis replied the ordinance does not specify a number of days because a lot of the restoration work depends on the time of the year. Staff plans to address that through the permitting process with specific restrictions put on each individual permit. The specific restrictions will vary widely depending on the circumstances. He noted some work is City-wide and other work is just done on a specific location. The ordinance will require notification to the property owners, expedient installation of the facility, and restoration after the project is completed. Nelson asked if we would try to have utilities put underground. Ellis replied the City does not have the authority to require that companies pay to do that,but we do try to find ways to bury them as much as possible. Aho asked if work done on both public and private property easements would require remediation of the damage. Ellis said this chapter is specific to the public right-of-way. He was not sure we would have authority if the work is done entirely on private property. Aho said he had a recent incident where a utility truck was driven through his yard leaving deep ruts and damaging the lawn. He met with a representative of the utility company, and they said they were committed to having their tree vendor remediate the damage. He was concerned that the ordinance will protect our residents against such incidents. Ellis said that would be true to a certain extent. Both Xcel Energy and CenterPoint do a lot of work in Eden Prairie, CITY COUNCIL MINUTES May 24, 2016 Page 7 so we reach out to both of those companies when we get phone calls related to this subject. MOTION: Case moved, seconded by Nelson, to approve first reading of an ordinance amending City Code Sections 6.01 through 6.03 and 6.05 through 6.07, relating to the right-of-way. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:37 PM.