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HomeMy WebLinkAboutCity Council - 06/13/2017 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 13, 2017 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. TOUR DE TONKA Jenny Bodurka, Coordinator of Youth and Adult Programs for the City of Minnetonka, gave a PowerPoint presentation on the 2017 Tour de Tonka to be held Saturday, August 5. She reviewed some statistics from last year's event, and noted they partner with the ITA Food Shelf. She thanked the Eden Prairie Police and Fire Departments for their support of the annual event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case 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, MAY 16, 2017 CITY COUNCIL MINUTES June 13, 2017 Page 2 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, May 16, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2017 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 16, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HUELER PROPERTY by Greg and Kelli Hueler/Pemton Land Co. Development Agreement C. KOPESKY 2'ADDITION by HTPO Second Reading of Ordinance No. 9-2017-PUD-3-2017 for PUD District Review with Waivers and Zoning District Change from Rural to R1-13.5 on 4.14 Acres; Revised Resolution No. 2017-60 for Preliminary Plat and Development Agreement D. APPROVE SECOND READING OF ORDINANCE NO. 10-2017 AMENDING CITY CODE SECTION 11.51, STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION NO. 2017-61 APPROVING SUMMARY ORDINANCE E. APPROVE AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE MEDICAL AND DENTAL INSURANCE F. ADOPT RESOLUTION NO. 2017-62 APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION G. DECLARE UNCLAIMED PROPERTY AS ABANDONED PROPERTY H. AWARD CONTRACT FOR REPLACEMENT OF FITNESS FLOOR CARPETING AT COMMUNITY CENTER TO LAVAN FLOOR COVERING COMPANY I. AWARD CONTRACT FOR 2017 CITY BUILDING RESTORATION TO SEBO, INC. J. AWARD CONTRACT FOR WASHBAY PRECAST REPAIR TO RJ MARCO CONSTRUCTION CITY COUNCIL MINUTES June 13, 2017 Page 3 K. AWARD CONTRACT FOR FUEL ISLAND REPAIR AT MAINTENANCE FACILITY TO LUBETECH, INC. L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR RILEY LAKE PARK IMPROVEMENTS PROJECT M. AWARD CONTRACT TO RAINWATER MANAGEMENT SYSTEMS FOR RAINWATER HARVESTING SYSTEM INSTALLATION FOR FIRE STATION 2 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ST. CROIX ENVIRONMENTAL FOR WATER RESOURCE MANAGEMENT CONSULTING SERVICES O. AWARD CONTRACT FOR ENTRY MONUMENT SIGN AT ANDERSON LAKES PARKWAY AND TH 169 TO DERAU CONSTRUCTION P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB ASSOCIATES, INC. FOR PRELIMINARY DESIGN SERVICES FOR DELL ROAD (CRESTWOOD TERRACE TO FLYING CLOUD DRIVE/CSAH 61) IMPROVEMENT PROJECT, I.C. 17-5990 Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR DESIGN AND INTEGRATION SERVICES FOR PHASE II OF THE SANITARY SEWER LIFT STATION CONTROL HARDWARE IMPROVEMENT PROJECT R. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT S. ADOPT RESOLUTION NO. 2017-63 APPROVING MASTER PARTNERSHIP CONTRACT WITH MNDOT T. APPROVE SUBMITTAL OF THE ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM U. DECLARE 2014 JACOBSEN LAWN MOWER AS SURPLUS EQUIPMENT AND AUTHORIZE ORDERING REPLACEMENT MOWER V. AWARD CONTRACT FOR 2017 CONCRETE SUPPLY TO CEMSTONE PRODUCTS COMPANY W. SET PUBLIC HEARING DATE OF AUGUST 8, 2017, FOR A HOUSING IMPROVEMENT AREA FOR NEILL LAKE TOWNHOME OWNERS ASSOCIATION CITY COUNCIL MINUTES June 13, 2017 Page 4 X. ADOPT RESOLUTION NO. 2017-64 AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 28 FOR SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT Y. ADOPT RESOLUTION NO. 2017-65 AUTHORIZING SETTLEMENT OF CENTURYLINK UTILITY RELOCATION DELAY FOR SHADY OAK ROAD SOUTH IMPROVEMENT PROJECT Z. AWARD CONTRACT FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS AA. AWARD CONTRACT FOR EDENVALE BOULEVARD TRAIL REHABILITATION BB. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR GEOTECHNICAL SERVICE FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-BB on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S MINNESOTA INVESTMENT FUND FOR ARTESYN EMBEDDED TECHNOLOGIES INC. (RESOLUTION NO. 2017-66) Getschow said Artesyn Embedded Technologies intends to purchase approximately $3,600,000 in equipment over the next two years for their Embedded Power Division located at 7575 Market Place Drive, Eden Prairie. To help offset these costs, they are pursuing a $1,000,000 forgivable loan (grant) through the Department of Employment and Economic Development's (DEED)Minnesota Investment Fund (MIF). This program requires the City to apply for the loan on behalf of the business, to act as the conduit between DEED and the business, and to hold a public hearing before submitting an application. Butcher Wickstrom commended the DEED programs for working to stimulate new business. She asked if there are funds from the grant that come to the City to help with administrative costs. Jeremiah replied there is very little administrative work required, and there are no funds available to the City for administrative costs. A representative of Artesyn Embedded Technologies reported on the product his company manufactures and the equipment that will be purchased with the grant. There were no comments from the audience. CITY COUNCIL MINUTES June 13, 2017 Page 5 MOTION: Case moved, seconded by Nelson, to close the Public Hearing, and to adopt Resolution 2017-66 authorizing application to the Department of Employment and Economic Development (DEED) for a$1,000,000 forgivable loan to Artesyn Embedded Technologies Inc. through DEED's Minnesota Investment Fund (MIF). Motion carried 5-0. B. CODE AMENDMENT RELATED TO COMMUNITY CENTERS by City of Eden Prairie. First reading of an ordinance amending City Code Chapter 11, relating to community center definition. Getschow said this is a housekeeping item similar to a recent code amendment related to schools. This code amendment defines the term community center, revises the purpose statement of the Public zoning district and includes community centers as a permitted use in the Public zoning district. Notice of this public hearing was published in the Eden Prairie News on June 1, 2017. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt first reading of the ordinance to amend City Code Section 11.02, and 11.35 to define and add community center as a permitted use in the Public zoning district. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, 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. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO KEEPING CHICKENS IN THE CITY Getschow said in 2015, following receipt of a resident petition, the City Council asked staff to study whether backyard chickens should be allowed in the City. At the May 2, 2017, Council meeting, staff presented its research as well as the results of a resident Quality of Life Survey. After further discussion, the Council directed staff to draft an ordinance to allow backyard chickens. The proposed ordinance attempts to address the Council's concerns about fencing, wintering, slaughtering, and the location of chicken coops and runs to minimize any impact on neighboring properties. He said there is no need for a public hearing on this matter, and second reading would occur at a future City Council meeting. Jim Schedin, Zoning Administrator, said this draft ordinance is a combination of ordinances from several nearby cities that also addresses questions and concerns from City Council Members raised at the previous meetings. He reviewed the CITY COUNCIL MINUTES June 13, 2017 Page 6 ordinance by subdivisions. Schedin said Subdivision 2 requires all persons wishing to keep chickens in the City to first register with the City. After the initial registration, no further registration is required unless the chicken keeper relocates the chicken coop or run to a new location on the premises. There will be an inspection of the chicken keeping site after the application is received. An informational packet will be included with the application, and there will be no fee or annual renewal required. Subdivision 3 lists the conditions required for the keeping of backyard chickens, such as noise, the number of chickens allowed, the confinement of chickens, and the issue of slaughtering. Subdivision 4 governs location of chicken coops and allows chickens to be kept only in the City's Rural and R-1 single family residential zoning districts. This subdivision includes the set-back conditions and specifies no front or side yard locations. Subdivision 5 provides standards for chicken coops and prohibits the use of heat lamps in the structures, and Subdivision 6 gives the City the right to inspect. Subdivision 7 exempts Rural- zoned properties of five acres or greater from certain requirements and contains an exemption for Rural-zoned properties that are already raising chickens as a conforming or legal-nonconforming use. A violation of the provisions would be considered a misdemeanor. Schedin said the ordinance also creates a new class of"domestic animals." He displayed a map of the City showing areas where chickens would be allowed or prohibited, and reviewed some examples of properties that could or could not have backyard chickens. Case asked if there could be a situation where the houses were tightly packed with one property that could keep chickens but a neighboring house put on an addition thereby causing the chicken owner to be out of compliance. Rosow replied in most instances like that it would be a rule of who was there first. Tyra-Lukens asked what would happen if the property were sold. Rosow replied the registration does not go with the property. If the use of chickens was discontinued and the neighboring house was expanded, a new owner could not keep chickens. Case noted our ordinances specify non-gender, yet there is a reference to "he" in the code. Rosow said that is a catch-all provision to make the language neutral; however, we have not gone through all the code to revamp the ordinances. That reference will be corrected for second reading. Nelson noted the code excludes the use of heat lamps and asked if there is anything included about requiring a heating source. Schedin replied typically coops are not heated; however, the owner would want to offer heat if the temperature gets below zero. There is a provision addressing animal cruelty and proper care of animals that refers back to the Minnesota State statute. Nelson said Subdivision 3.c. states five chickens are allowed. A lot of people have suggested having four chickens, or three at a minimum. She has done a lot of CITY COUNCIL MINUTES June 13, 2017 Page 7 reading about chicken keeping and would like to see the number changed to four. Case asked if other nearby cities have a specific number. Schedin replied the industry standard would be five,but we could reduce it to four. Case asked if the two large farms in Eden Prairie that are zoned Rural would be grandfathered in and allowed to keep more than 25 chickens. Schedin said Subdivision 7 protects those larger farms that have been in operation for years. Aho asked about communities such as Bearpath with their own covenants that might not allow chickens. Rosow said a community can have its own private covenants. Those covenants would be enforceable by the community. Butcher Wickstrom said she also thought we were talking about allowing four chickens. This is something new for us, and we may need to collect data and feedback on the ordinance to gain a perspective. Aho did not think there is much going back once the door is opened to backyard chickens. Case said we may need to tweak the ordinance later, and we may need to make exceptions. Tyra-Lukens asked about the rationale for no fee for registration since there will be staff work involved for the registration process and a staff member will have to go out to inspect for compliance. She thought there should be a one-time fee such as $25, which is the fee for a dog license. Tyra-Lukens said Subdivision 2.b is not clear as to the sequence for the registration process. Schedin replied that process could be made clearer. He envisioned the individual would apply for registration and provide a diagram of what the coop would look like. Staff would then set an appointment to conduct an inspection. Tyra-Lukens asked about the definition of a side yard. Jeremiah replied a side yard is the area adjacent to the house that is in between the required front yard setback and the back yard setback. Tyra-Lukens asked about the requirement regarding a 15-foot setback from water. Schedin replied we have a shoreline impact zone requirement for lakes that does not allow chickens near that area and the wetlands have a buffer strip;however, we decided to add the 15-foot restriction to cover rivers, streams and creeks. Tyra-Lukens asked if we have the ability to pull the registration of a repeat offender. Rosow replied a revocation process was not built into the ordinance,but we could specify that a certain number of violations would result in pulling the registration. Case asked for clarification of high waters. Schedin said the setback required for lake waters is 150 feet, so the first 75 feet is the no-touch zone. CITY COUNCIL MINUTES June 13, 2017 Page 8 Nelson asked about the question of allowing baby chickens. Schedin replied Edina allows up to 18 chicks for educational purposes,but we are silent on that subject. Aho noted we address the issue of accessory structure standards in Subdivision 5 but do not have any visual standards. Schedin said we don't address visual standards; however, exterior building maintenance code would apply. Aho was concerned that someone could construct something that was very makeshift that would not be visually appealing to the neighbors. Schedin said proper care of the animal would require a solid structure. Case thought we could see what happens with this. Nelson suggested including a requirement to have a window in the structure. Rosow said it would be possible to specify a minimal type of material or to exclude certain materials. Aho agreed it would be good to have some minimal standards so people understand we don't want the structures to look bad. Jeremiah noted we have some standards for larger structures. Nelson said she has read about the use of chicken tractors to house chickens and easily move it around the yard. She would like to add something regarding moving the structure to a different location on the property. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Chapter 9, relating to keeping chickens in the City, with the addition of the following City Council conditions: a$25 one-time registration fee; a maximum of four chickens; a provision regarding baby chicks; restrictions regarding moving of structures; minimum standards for coops; and a revocation process. Motion carried 5-0. Tyra-Lukens clarified there will be a second reading on this ordinance so we can take additional comments from people before second reading occurs in July. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Council Member Case—Pickleball Courts and Cricket Playins! Case had talked to a few people at Schooner Days about the need for more pickleball courts. He asked if it might be time to speed up our plans to convert some tennis courts to pickleball. He would like to get an update from Mr. Lotthammer with some thoughts and ideas for the Council to consider. He also noticed cricket being played everywhere, and it may be time to look into that. We want to stay on top of things as our demographics change. CITY COUNCIL MINUTES June 13, 2017 Page 9 Nelson agreed with Council Member Case and commented she has been hearing about pickleball for seven or eight years. The sport has expanded beyond the senior population. Tyra-Lukens said she has been hearing from neighbors who are concerned about the expansion of the courts at Franlo. Lotthammer replied the Riley Lake Courts are under reconstruction so pickleball cannot be played there; however, there are four pickleball courts and one tennis court at Franlo. During the time the courts at Riley Lake are being resurfaced, we have given permission to put temporary lines on the tennis court at Franlo to divide it into two pickleball courts. After the resurfacing is completed at Riley, we will be back to 10 pickleball courts, and the two temporary courts at Franlo will go away. B. REPORT OF CITY MANAGER 1. Approve Agreement Between Cooperative Enemy Futures and the City for Backup Subscription for a 217 kW Community Solar Garden Getschow said in workshop sessions the Council has asked staff to keep an eye out for solar energy opportunities. Cooperative Energy Futures (CEF) is a non-profit organization that works to build solar arrays and sell subscriptions to individuals. CEF is developing a 217 kW community solar garden on the roof of Pax Christi Catholic Church. Subscriptions will be purchased by congregation and community members. The City would be a nominal subscriber— .18% of capacity—and act as a backup subscriber for the solar garden. For the community solar garden project to move forward, CEF must have a backup subscriber. The City's obligation would never be more than a total of 40% of capacity, or about a$17-18,000 commitment, if not all the subscriptions are sold. Subscribers would get a rebate on their Xcel bills. A 25-year commitment is required on the community solar garden program. The City Attorney reviewed the agreement, and staff believes it is a good role for the City to play. Case commented this is a good way for us to have an entry into solar energy. He believed we should be pursuing this sort of project more. Tyra-Lukens gave kudos to Pax Christi for the project. She asked if people would work through CEF to participate in the program. Getschow said they would go through CEF, and staff can get some more information about the program. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the subscription agreement between Cooperative Energy Futures and the City for backup subscription for a 217 kW Community Solar Garden. Motion carried 5-0. CITY COUNCIL MINUTES June 13, 2017 Page 10 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Approve Lease Between the City of Eden Prairie and Eden Prairie Montessori Learning Center Located at 8098 Glen Lane Jeremiah said this lease is for a daycare at the City owned property located at 8098 Glen Lane. We issued an RFP, and Montessori Learning Center submitted the best proposal from a financial perspective. The Montessori Learning Center has been located at Marketplace Drive for 25 years. The rent per square foot will start at$15.50, with 2% annual increases. There are no tenant improvements required. Some maintenance activities will occur in the parking lot,but the City will get that expense back in the increased rent received. The lease is a five-year renewable term lease, with a termination clause. Aho commented this is a great project, and he is excited to see something happening there. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve a new lease between the City of Eden Prairie and Eden Prairie Montessori Learning Center for a child daycare facility at the City owned property located at 8098 Glen Lane, Eden Prairie, MN. Motion carried 5-0. 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: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:22 p.m.