HomeMy WebLinkAboutCity Council - 12/12/2017 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, DECEMBER 12, 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 p.m. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. FIRE DEPARTMENT AWARD OF RECOGNITION
Fire Chief Esbensen said when a plane crashed in the parking lot of the Huber
Funeral Home on October 14, 2017, Huber employee Chad Willard helped to
extinguish the flames at the wreckage and to secure the area. Mayor Tyra-Lukens and
Chief Esbensen presented the Fire Department Award of Recognition to Mr. Willard.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Items XIV.A.2 and XIV.A.3.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended.
Motion carried 5-0.
VI. MINUTES
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A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 14, 2017
MOTION: Nelson moved, seconded by Case, to approve the minutes of the City
Council workshop held Tuesday, November 14, 2017. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 14, 2017
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, November 14, 2017. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE NO. 21-2017
AMENDING CITY CODE CHAPTER 11 RELATING TO SELF-
STORAGE FACILITIES
C. APPROVE SECOND READING OF ORDINANCE NO. 22-2017 AMENDING
CITY CODE CHAPTER 11, RELATING TO CONDITIONAL USE
PERMITS AND WIRELESS COMMUNICATIONS EQUIPMENT AND
ADOPT RESOLUTION 2017-113 APPROVING SUMMARY ORDINANCE
FOR PUBLICATION
D. WINDSOR PLAZA-FEDEX by Windsor Plaza LLC. Second Reading of
Ordinance 20-2017-PUD-6-2017 for Planned Unit Development District Review
on 0.24 acres; adopt Resolution 2017-114 for Site Plan review on 0.24 acres;
approve Development Agreement amendment. Location: 11993 Singletree Lane.
(Ordinance No. 20-2017-PUD-6-2017 for PUD District Review; Resolution
No. 2017-114 for Site Plan Review)
E. ADOPT RESOLUTION NO. 2017-115 DESIGNATING 2018 POLLING
PLACES
F. ADOPT RESOLUTION NO. 2017-116 AUTHORIZING SALE OF REAL
PROPERTY ACQUIRED THROUGH A FORFEITURE
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
AMERICAN ENGINEERING TESTING FOR FINAL DESIGN
GEOTECHNICAL SERVICES FOR DUCK LAKE ROAD IMPROVEMENT
PROTECT
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H. AWARD 2018 CONTRACTS FOR WATER TREATMENT CHEMICALS
I. AWARD CONTRACT TO MOBILE PRO SYSTEMS FOR THE PURCHASE
OF A CAMERA TRAILER
J. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN
SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS
FOR 2018 AND 2019
MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-J on
the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. SCHEELS by CAPREF Eden Prairie. Resolution 2017-117 for PUD concept
review on approximately 20 Acres; first reading of an ordinance for PUD District
review w ith waivers on approximately 20 acres. (Resolution No. 2017-117 for
PUD Concept Review; Ordinance for PUD District Review with waivers)
Getschow said this is a major development project on the site of the former Sears
location at Eden Prairie Center. The former Sears space was approximately 212,000
square feet in size including the automotive center. The proposed Scheels
construction plans to salvage some of the existing building (approximately 97,000
square feet) and to construct new building space for a total building area of
approximately 248,000 square feet. Official notice of this public meeting was
published in the November 30, 2017, Eden Prairie News. The project was approved
8-0 by the Planning Commission at the November 13 meeting.
Jeff Plauche, representing Arrow Retail, reviewed the project. He said his company
arranged the financing for the purchase of the property. Originally they planned to
tear down the Sears space and rebuild additional retail stores; however, they decided
the Scheels proposal was the best solution for their investment in the mall.
Kirk Williams, representing Cypress Equities, said they wanted to replace the
antiquated Sears store with something new and exciting. After researching many
possibilities, they decided Scheels would provide the best alternative for the
community and for the mall.
Jason Loney, Director of Construction for Scheels, said the proposed Scheels project
will be a unique concept combining retail and entertainment. It will include such
attractions as an aquarium, a 45-foot Ferris wheel, a restaurant, footwear sales, a
home decor shop, bowling and shooting arcades. They anticipate the project will
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December 12, 2017
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bring 400 new jobs to the City. In addition, Scheels gives 10% of their profits back to
the community.
Tiffany Triepke, representing LHB, Inc., gave a PowerPoint overview of the project.
She pointed out the varying roof lines of the building and noted the building materials
would comply with City code and would be a combination of brick, stone EIFS and
metal materials.
Erica Christianson, representing LHB, Inc., reviewed the amenities of the building,
the parking lot, traffic access, and the landscaping plans. She showed a movie that
illustrated the dynamics of the traffic movement around the store and the appearance
of the building in daylight and at night.
Nelson noted there has already been an incident of someone bringing a gun into the
current store location for repair. She asked if there will be a certain area for people to
bring their guns in for repair. Mr. Loney replied firearms owners will enter through
the front door and will be directed to the gun shop. Customers will purchase guns at
the second floor shop, and customers with guns will be escorted by store personnel.
Tyra-Lukens asked if there will be bike racks. She noted there are often exhibitors at
conferences she attends who have sports-themed bike racks. Ms Christianson said
there will be a series of bike racks on the front plaza of the building and also at the
widened corner by the sculptures. The bike racks planned are robust and highly
secure.
Tyra-Lukens asked how many sculptures are planned. Mr. Loney said there will be
12.
Tyra-Lukens commented the picture of the building with night lighting is beautiful, as
is the landscaping. She thought the building will be a huge draw to the mall.
Aho asked when construction would start and when the opening would occur if
approval is given tonight. Mr. Williams said construction would start in February and
the store will open in September of 2019. Aho then asked if there would be any
disruption of service on the roads around the mall. Mr. Williams replied there will be
phased construction on the ring roads, and there will be some disruption to parking.
He noted the area to be redone is just under ten acres, and they have very carefully
planned a phased construction for minimal disruption.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt
Resolution No. 2017-117 for a Planned Unit Development concept review on
approximately 20 acres; to approve the first reading of an ordinance for Planned Unit
Development District review with waivers on approximately 20 acres; to direct staff
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to prepare a development agreement incorporating staff and commission
recommendations and Council conditions; and to authorize staff to issue an early land
alteration permit for Scheels at the request of the developer, subject to applicable
conditions. Motion carried 5-0.
B. RESOLUTION NO. 2017-118 CERTIFYING 2018 PROPERTY TAX LEVY,
ADOPTING 2018 BUDGET AND APPROVING 2018 HRA TAX LEVY
Getschow said the final 2018 property tax levy, the 2018 budget and the 2018 HRA
tax levy must be certified and approved by the City Council at the December meeting.
Sue Kotchevar, Finance Director, gave a PowerPoint presentation of the proposed
budget and levy for 2018. She said the 2018 budget is going up 4.1%. She reviewed
the General Fund revenues, noting property taxes make up 73% of the total. The
General Fund expenditures will increase 4.1%. There will be a 3.6% tax impact on a
median value home, an 11.2% increase for apartments, and a 0.9% increase for
commercial property.
Getschow reviewed the budget process and noted this is part of a two-year process
that involves a lot of information gathering and discussion. The process began in
early 2017 with an evaluation of our community survey results. The two-year work
plans for City departments were developed and reviewed during the spring and
summer months. In September the Council set the preliminary budget. Staff solicited
public input on the budget through the City's Facebook page and other means in
October. Goals for the 2018 budget included building a sense of community,
providing value to the citizens of Eden Prairie by maintaining high quality City
services with a reasonable tax impact, maintaining a strong financial position, and
sustaining the current levels of employee morale and engagement.
Getschow reviewed the impact of fiscal disparities which pools a portion of the
commercial tax base for cities in the seven-county metro area to be redistributed
throughout the metro area. He noted Eden Prairie is the No. 2 contributor to that pool
Tyra-Lukens asked how the city tax levy comparison for metropolitan cities was
developed. Getschow said it is based on similar value homes across the communities
included in the comparison.
There were no comments from the audience.
MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No.
2017-118 certifying the 2018 property tax levy to be $37,149,820; to approve the
2018 budget of$48,648,652 as reviewed by the Council; and to approve the HRA tax
levy and budget of$200,000.
Aho commended staff on a good job in crafting the budget while keeping in mind our
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goals and the expectations of our citizens. He was not particularly pleased that there
is a 4.1% increase in the budget this year,but there will be a lesser amount for 2019
so he thought it was a reasonable solution.
VOTE ON THE MOTION: Motion carried 5-0.
C. FIRST AND SECOND READINGS OF ORDINANCE NO. 23-2017
APPROVING 2018 FEE SCHEDULE FOR ADMINISTRATION OF
OFFICIAL CONTROLS AND RESOLUTION 2017-119 APPROVING
SUMMARY ORDINANCE FOR PUBLICATION
Getschow said updating the fee schedule for administration of official controls
requires first and second reading of an ordinance. In addition, this year we proposed a
public meeting to discuss utility franchise fees. When the franchise fees were
established five years ago, we agreed to re-examine those fees every five years. There
is a proposal to increase those fees later in the meeting. He said Mr. Ellis will provide
a presentation on the franchise fees.
Ellis said the franchise fees are the primary funding source for maintaining our
network of roads across the City. There are approximately 228 center line miles of
streets in Eden Prairie with an average age of 30 years. He reviewed the process used
to evaluate pavement condition and the various strategies available to extend
pavement life. He commented an aggressive pavement management program can
more than double the life of roads. Our goal is to maintain an average of Excellent to
Very Good for our pavement condition index. Staff is recommending an increase for
residential franchise fees from $2.50 per month per utility to $4.00 per month per
utility for the next five-year period.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing;
to approve First and Second Readings of Ordinance No. 23-2017 updating the Fee
Schedule for Administration of Official Controls; and to adopt Resolution No. 2017-
119 approving the summary for publication. Motion carried 5-0.
D. RESOLUTION NO. 2017-120 APPROVING 2018 FEE SCHEDULE FOR CITY
SERVICES
Getschow said this item is a resolution to update the fee schedule for City services
that are not covered by ordinance. While there is no requirement to hold a public
hearing about these fees, we have chosen to do so.
There were no comments from the audience.
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MOTION: Butcher Wickstrom moved, seconded by Nelson to close the public
hearing, and to adopt Resolution No. 2017-120 approving the 2018 Fee Schedule.
Motion carried 5-0.
E. RESOLUTION NO. 2017-121 APPROVING SPECIAL ASSESSMENT FOR
INSTALLATION OF FIRE SUPPRESSION SYSTEM
Getschow said the Assembly of God Church located at 16591 Duck Lake Trail,
Eden Prairie, MN,has petitioned to be assessed for the installation of a fire
suppression system. Minnesota statutes grant cities the authority to construct and
promote fire protection systems in existing buildings upon receiving a petition for a
property. He noted this is the first time we have received such a petition, even
though we have advocated for sprinkled buildings throughout the City. The church
is undergoing a major renovation and would like to retrofit a fire suppression
system into their building. The church has worked with staff on a special
assessment agreement to pay the cost of the system with property taxes over a 20-
year time period at 4.55% interest and with a one-time administrative fee of 5%. He
noted the Fire Inspector has approved the plans and specifications for the system.
Nelson commended the Assembly of God Church on their desire to provide a safer
building for their members. She hoped other buildings in similar circumstances will
consider this program.
There were no comments from the audience.
MOTION: Case moved, seconded by Nelson, to close the public hearing and to
adopt Resolution 2017-121 approving the special assessment. Motion carried 5-
0.
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Butcher Wickstrom, 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 FRANCHISE FEES
FOR XCEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA
VALLEY ELECTRIC COOPERATIVE
Getschow said the change to our franchise fees requires an amendment to the
ordinance. This will be first reading of the ordinance, and second reading would
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come back at the January Council meeting. The changes would take effect
sometime in January of 2018.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve first
reading of an ordinance amending franchise fees for Xcel Energy; to approve first
reading of an ordinance amending franchise fees for CenterPoint Energy; and to
approve first reading of an ordinance amending franchise fees for Minnesota
Valley Electric Cooperative. Motion carried 5-0.
XII. PETITIONS. REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Presentation on Highway 169 Mobility Study—Mayor Tyra-Lukens
Tyra-Lukens said she participates in a group studying Highway 169
mobility concerns. She introduced Adele Hall, a consultant to the
Highway 169 group.
Adele Hall, SRF Consulting Group, gave a PowerPoint presentation
reviewing the background of the group, whose purpose is to identify and
evaluate cost-effective options for improving transit and reducing
congestion on Highway 169. She said the group has six project goals: to
improve access, to provide better mobility, to increase ridership numbers,
to provide a higher return on investment, to prioritize service to transit-
supportive conditions, and to preserve the environment.
Ms Hall reviewed the alternatives developed by the group for Bus Rapid
Transit (BRT). The proposal would establish MnPASS lanes from
Marschall Road in Shakopee to the Highway 55 exit on Hwy 169. There
would be two alternatives for the BRT buses to use either I-394 or
Highway 55 to reach downtown Minneapolis.
Aho asked if the cost was an annual amount and if it was all-inclusive. Ms
Hall replied it is the annual cost of maintaining transit stations and the
fleet,but not the cost to acquire the fleet. She said the costs presented in
the return on investment would include a rebuild of the Interchange at I-
394 and Highway 169.
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Ms Hall said their analysis of the two possible routes to downtown
Minneapolis showed that the second alternate using Hwy 55 serves a
greater number of minority populations. In addition, the technical advisory
committee preferred that alternative. She said the next step in the process
is to develop an implementation plan. She noted the purpose of this
presentation was informative only, and the City Council could choose to
do nothing, could pass a resolution of support of the BRT/MnPASS
concept, or could pass a resolution of support for either of the two route
alternatives.
Aho asked if the group is working with Southwest Transit to see how it
might impact SouthWest Transit service and if this service would be
operated by Metro Transit buses. Ms Hall said the question of who would
operate the service has not been answered; however, all of the providers
have been at the table during the study. It is very early in the process to
come up with an answer of who would operate the service. Tyra-Lukens
noted the group was interested in the Council's preference between the
two alternatives for the route to downtown Minneapolis.
Case asked if the purpose of the presentation is to present the concept of
the corridor. He would have a lot more questions regarding the effect on
ridership for Southwest Transit, the need for the corridor and the potential
impact.
Tyra-Lukens said Alternative 2 is attractive to the whole group because of
a potential to pick up people for the reverse commute. SouthWest Transit
buses provide express bus service to downtown, not to reverse commute
riders who would be served by the BRT alternatives. She noted
Alternative 2 would provide access for a more diverse population.
Nelson said this would be a good way to get people south of the river on
transit and would provide more options for businesses there.
Aho thought this is a good improvement to the existing system. He
appreciated the work done on the project and believed it is important to
show support from the City's perspective.
Case thought we may need all of the transit options in the future.
Butcher Wickstrom appreciated the analysis and the presentation.
2. Celebrate the Eden Prairie Football Team—Council Member Case
Case said the Eden Prairie Football Team won the State Championship
this year. He suggested we recognize such achievements with some sort of
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celebratory functions such as a smaller community would typically do. He
suggested the Council Members bring some ideas back to discuss at the
January meeting.
3. Artifacts Found Near Flying Cloud Drive and Hwy 212—Council
Member Case
Case said there was a massive amount of Native American artifacts found
in Eden Prairie during the road construction near Flying Cloud Drive and
Hwy 212. He suggested the Council have a presentation about the artifacts
that were found there. It would be another way to celebrate Eden Prairie.
Tyra-Lukens agreed such a presentation would be very interesting.
B. REPORT OF CITY MANAGER
C. REPORT OF 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: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:45 p.m.