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City Council - 11/12/2019APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 12, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, 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 Case called the meeting to order at 7:00 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. SUSTAINABLE EDEN PRAIRIE AWARDS Ellis reported this is the third year of presenting residents and businesses with the Sustainable Eden Prairie Award. The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, waste, and water. Members of the Conservation Commission reviewed the applications and have made recommendations for the awards in each of the four categories. Student commissioners from the Conservation Commission and Mayor Case presented the awards, as follows: Mina Kim announced the Energy award to Peggy and Bruce Kvam; Kiersten Orning announced the Landscape award to Angela Dunn; Robin Gurumurthy announced the Water award to Jen Heyer; and Abhiram Nallamalli announced the Waste award to PROP Food. Ellis congratulated the award winners. Case noted it is nice to have the students serving on the Conservation Commission at the meeting tonight. CITY COUNCIL MINUTES November 12, 2019 Page 2 B. FLYING CLOUD AIRPORT MAC UPDATE Case said recently there have been questions raised in conversations with residents as to whether we are experiencing greater noise than we did in previous years at the Flying Cloud Airport. There was some conflict in the late 1990’s between the City and MAC, and in 2002 we came to an agreement regarding their plans to expand the runway. Since the time of the agreement, some of the projected growth at the airport did not occur because of the economic recession. We asked representatives of the Metropolitan Airport Commission to come in to give a presentation about where we are at the airport. Rick King, MAC Chair, introduced Braj Agrawal, Eden Prairie resident and new MAC Commissioner, Joe Harris, MAC Director of Reliever Airports, and Dana Nelson, MAC Director of Stakeholder Engagement. Mr. Harris and Ms Nelson gave a PowerPoint update on Flying Cloud Airport reviewing the economic impact of the airport, the corporate and life-saving flight services located there, and the services performed for the community. Mr. Harris noted their appreciation for the excellent cooperation of Eden Prairie staff who are a pivotal partner with the Flying Cloud Airport. Ms Nelson gave an update on aircraft operations and noise trends. She pointed out there is a team at the MAC dedicated to working with residents and operators at the reliever airports. She presented a chart of the annual operations at the airport broken out by aircraft family. She noted as technology has improved, they have been able to identify many of the previously unknown aircraft type, and a large percentage of those have been identified as piston aircraft. She reviewed the jet operations at Flying Cloud Airport from January to September 2019 and noted the airport does not have commercial or cargo operations. Case commented the 2002 Agreement states the airport will never become one with scheduled commercial service. Ms Nelson explained the 2002 Agreement also included Ordinance 97 which limits aircraft weight to 60,000 lbs. She reviewed the procedure used to notify operators who violate Ordinance 97. Case asked what happens if the aircraft violating Ordinance 97 returns to the airport a second time. Ms Nelson responded there have been a few operators who have received multiple letters, and she and Mr. Harris work with them to provide education about the airport. The MAC has good relations with the tenants and repeat violations are rare. Case commented there seems to be no teeth in the ordinance and asked if there are consequences for repeat violations at this time. Ms Nelson replied the language of the 2002 Agreement allows the City and MAC to work together on what the consequences would be. Case understood there are some issues about getting a letter to the right entity between the operator and the owner of the aircraft. Ms Nelson agreed. Case said we have received more and more complaints about the jet traffic in particular, and there was quite a spike in jet operations from 2014 to 2018. He thought that might be the reason for a lot of people’s perception of increased noise. Ms Nelson agreed the number of jet operations has increased since 2014. CITY COUNCIL MINUTES November 12, 2019 Page 3 Aho asked if there was any sense that any of the operations outside of the agreement hours are medically related. Ms Nelson responded there are some medical operations that operate during late hours. On occasion, some night training flights may occur because operators must complete a certain amount of training after dark. In addition, flights arriving from the west coast often arrive from 10:00 p.m. to midnight. Narayanan thought medical operations are an exception, so he would like to see that figure broken out. Case said he would also like to see that data segregated. Ms Nelson said she could look up the figure and send it to the Council Members. Case asked if some of the medically related flights occur as part of other business flights. Mr. Harris replied that does occur, but there is an operator at Flying Cloud Airport who is dedicated to medical flights. Narayanan asked how many medical flights occur in a day. Mr. Harris responded the average would be about ten per day, and not necessarily at night. Narayanan asked the maximum number of flights per hour at the airport. Ms Nelson said she did not know the total capacity, but it would be quite a bit more than the current number of flights. Ms Nelson reviewed the operations by month. She explained there are seasonal trends for aircraft traffic, and traffic tends to peak in the summer. She reviewed a graph of complaints and locations that indicated 2011 was the peak. In that year one location filed 45% of the complaints received. She stated the MAC has a commitment in the final agreement to investigate noise complaints and to follow up with any flight not following the terms of the agreement. They send letters to the operators and work with the Flying Cloud Airport Advisory Commission (FCAAC), the airport manager, and the operators to share the information. Freiberg questioned the figure of 45% of the complaints from one source because that would be 1800 complaints in one year. Ms Nelson stated that figure is correct. The Mac staff talk to the complainants to help educate them about the airport activities. She noted currently 90% of the noise complaints come to their office via the internet. Narayanan asked if they have looked at what they are complaining about. Ms Nelson said there has been an increase overall in daytime and nighttime complaints, and we see a mix of new or frequent complainants. Using the flight data the staff compare the complaint with what is happening at the time. Aho asked if there is a correlation between a complaint and a specific operation. Ms Nelson replied they do compare complaints to aircraft type. Narayanan asked if they have a way of measuring the noise levels each day. Ms Nelson explained the MAC must perform noise monitoring and must use a software proscribed by the FAA to evaluate noise signatures. That is done every time the MAC produces a long term comprehensive plan, which occurs every ten years. Narayanan asked if there is a way to check back on a specific flight to validate a resident’s complaint. Ms Nelson replied there are requirements in the Final Agreement specifically dealing with CITY COUNCIL MINUTES November 12, 2019 Page 4 nighttime run-up operations, and there is a noise monitor on the airfield used specifically to investigate nighttime run-up operations. Because of the requirements for gathering noise data across all directions of the airport, it becomes exhaustive to deploy that type of equipment all around the airport. They have a fairly new tool to measure noise metrics and are able to do some different things to explain what is happening. Narayanan asked what their prediction is for next year. Ms Nelson replied they have tried to look at predictive technology for noise complaints, but it depends too much on human factors. She estimated we will see around the 85-88,000 operations per year. Aho asked if there has been a significant change in the type of aircraft using the airport. Ms Nelson responded there is an evolution underway now with commercial aircraft. The technology at airports like FCM tends to trail behind the commercial airports, but there is going to be a tendency towards those types of aircraft. Corporate and general aviation aircraft are more difficult to change out for new technology. Narayanan asked if CO2 emissions decrease with changes in technology and if they have a way to measure that. Ms Nelson replied any kind of change at the airport that requires federal funding would come with a requirement for an environmental review and would cause us to do monitoring and modeling. They don’t do air quality statistics on a regular basis. Narayanan asked if we are decreasing CO2 pollution overall. Ms Nelson replied newer aircraft do pollute less. Freiberg asked if there is a proactive approach to deal with situations like the large number of complaints by one person. Mr. King replied we occasionally see a year with an aberration in the complaints received, and it may occur when a new individual moves into the area and may not know the airport is there. We talk to the individuals and try to have a dialogue to educate them about the airport. We don’t want to focus on that one year because 2011 was an aberration. Case said he and Mr. Rosow go back to the 1990s when we brought about the Final Agreement. In the late 1990’s we operated under Ordinance 51 that we believed prohibited expanding the runway. We learned that Ordinance 51 was not a legally binding document. From 1998 to 1999 we conducted negotiations, but we did not have a strong legal position. In fact, the MAC has zoning power over the City. We ended in an agreement to end our opposition to expanding the runway to 5000 feet if we got some legal restrictions, such as the depth of the runway and a ban on nighttime run-ups during the hours of 10:00 p.m. to 7:00 a.m. The FAA controls our air space and does not allow airports to limit flights in and out of the airport, so we cannot limit the flight activity. At this point the people impacted would like to know what we can do, such as being more aggressive about enforcing and engaging with the nighttime jet traffic. He noted he has heard run-ups before 7:00 a.m., and he asked if there are things we can work on more aggressively to keep away some of the worst noise offenses. In closing, Case commented we have never had as positive a relationship with the MAC as we do now, and he appreciated the current leadership at the MAC. Mr. King replied CITY COUNCIL MINUTES November 12, 2019 Page 5 we may want to work together on the next step in Ordinance 97 enforcement to see what that step might be. They can try to be more proscriptive with nighttime flying. He noted MAC staff does talk to the operators if there are multiple violations. Case said he would like to bring in the MAC for an update with the Council at least once a year. Case introduced members of Cub Scout Pack 342 from Prairie Lutheran Church and thanked them for coming to tonight’s meeting. C. ACCEPT DONATION OF $1,500 FROM RIC ROSOW AND VICKI UNDERLAND-ROSOW FOR INCLUSIONARY HOUSING (Resolution No. 2019-115) City Attorney Rosow said he and his wife, Vicki Underland-Rosow, are making a donation of $1500 for the City’s inclusionary housing program. He explained he and his wife have been involved in housing ministries at their church and volunteer groups. One of the pleasures he has had as City Attorney has been to work with City staff on so many wonderful projects. He has seen many donations come through for the Parks Department, but the City also has a wonderful Community Development Department. He has been involved in the efforts to bring affordable housing to the City of Eden Prairie, so they chose to give the donation to be used for inclusionary housing. He also announced he and his wife would like to do a matching challenge where they would give up to an additional $1500 in matching contributions to encourage Eden Prairie residents to donate $25 each. All of the Council Members present agreed to give $25 each to the matching challenge. Case said Mr. Rosow is retiring at the end of this year after some 40 years of serving the City of Eden Prairie. He commented he has always thought of Mr. Rosow as a man of integrity, passion and conviction. Aho said the Council will especially miss Mr. Rosow’s historical perspective. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019-115 recognizing and accepting the gift to the City from Ric Rosow and Vicki Underland- Rosow in the amount of $1,500 and up to an additional $1,500 in matching contributions to be used to aid affordable housing in Eden Prairie. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is a replacement Item VIII.A. on goldenrod paper. MOTION: Freiberg moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 15, 2019 CITY COUNCIL MINUTES November 12, 2019 Page 6 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2019 MOTION: Aho moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, October 15, 2019, and the City Council meeting held Tuesday, October 15, 2019, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Case noted he was pleased to see the item regarding the Fire Station 1 duty crew sleeping quarters. A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION 2019-116 APPROVING FINAL PLAT FOR HIGHLAND OAKS C. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION D. ADOPT RESOLUTION NO. 2019-117 TO ESTABLISH A MAXIMUM ACCRUAL FOR DEFERRED ASSESSMENTS E. APPROVE BRIDGE SAFETY INSPECTIONS AGREEMENT WITH ERICKSON ENGINEERING F. ADOPT RESOLUTIONS NO. 2019-118 AND 2019-119 APPROVING QUIET ZONE GRANT AGREEMENTS ROAD AND RAIL DESIGN G. ADOPT RESOLUTION NO. 2019-120 AUTHORIZING APPLICATION TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM H. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 1 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS I. ADOPT RESOLUTION NO. 2019-121 APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN J. APPROVE PURCHASE OF COLUMBARIUM FOR PLEASANT HILL CEMETERY FROM EICKHOF COLUMBARIA INC. K. APPROVE PURCHASE OF PROTECTIVE GAS MASKS AND ACCESSORIES FROM STREICHER CITY COUNCIL MINUTES November 12, 2019 Page 7 L. APPROVE PURCHASE OF SQUAD CAR VIDEO AND AUDIO SYSTEM FROM WATCHGUARD VIDEO M. APPROVE CONTRACTS WITH MOTOROLA FOR MAINTENANCE AND RADIO EQUIPMENT MOTION: Narayanan moved, seconded by Aho, to approve Items A-M on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers, Inc. Resolution 2019-122 for PUD concept review on 18.18 acres; First reading of an ordinance for PUD District amendment with waivers on 18.18 acres. (Ordinance for PUD district amendment; Resolution No. 2019-122 for PUD Concept) Getschow said the applicant’s request is to expand the existing fuel facility that has been in place since 2003. The current fuel facility consists of eight (8) dispensers or 16 fueling stations. Proposed are four (4) dispensers, increasing the total fueling stations to 24. Julie Anderson, Planning Consultant with Barghausen Consulting Engineers, gave a PowerPoint overview of the project. She reviewed site plans and architectural elements for the expansion project. Aho asked if they anticipate this expansion would reduce the length and amount of the queues that currently can be quite lengthy. Chris Teasler, traffic consultant with Kittleson and Associates, responded the additional capacity should increase the throughput at the facility. They expect queues to be reduced by 35-50% during peak periods. Narayanan asked if they have any idea how much less pollution will occur because the wait time idling at the pump will be reduced. Mr. Teasler replied they have not estimated that. Case noted most cars enter from the eastern entrance, and that is where the additional fueling stations will be added. Mr. Teasler responded it is quite common for Costco facilities to go to a three or four deep configuration, and the addition will be built to the east to provide more stations on that side. The new stations will be designed with additional space to allow people to go into the middle space. Freiberg asked if there will be an increase in storage. Mr. Teasler replied there will be one new 40,000-gallon underground storage tank added. Ms Anderson noted there are three 20,000-gallon storage tanks now. Freiberg asked if the work can be done without any additional risk from the increased amount of storage. Ms Anderson replied they will comply with all federal, state, and local regulations. CITY COUNCIL MINUTES November 12, 2019 Page 8 Narayanan asked if there are plans to add electric charging stations. Ms Anderson responded those have been installed at some Costco locations but generally end up being removed for lack of use so charging stations are not proposed for this facility. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution No. 2019-122 for Planned Unit Development concept review on approximately 18.18 acres; to approve the first reading of Planned Unit Development District review with waivers on approximately 18.18 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. B. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Resolution 2019-123 for PUD concept review on 5.31 acres; First reading of an ordinance for PUD District amendment with waivers on 5.31 acres. (Ordinance for PUD district amendment; Resolution No. 2019-123 for PUD Concept) Getschow said the applicant is requesting approval to construct a 486 square foot building addition onto the existing office building. The property is located at 12800 Gerard Drive, just north of Gerard Drive and west of Gordon Drive. The property is 5.3 acres and includes the Nine Mile Creek Watershed District offices and board room. The proposed addition is being added to accommodate the space needs of the existing staff. Randy Anhorn, Nine Mile Creek Watershed District Administrator, gave a PowerPoint presentation about the project. He said their development agreement restricted the number of full time employees who can have offices in the building, and there is a restriction on the expansion of the structure. The addition planned will be on the northwest corner of the building and will not require a lot of grading. He reviewed the elevations for the building addition, and noted they are requesting a waiver for the exterior requirements in order to maintain the existing aesthetics of the structure. The addition will displace the current rain garden; however, they currently far exceed the requirements for storm water treatment. No existing trees will be taken down, and they will add trees in the area where buckthorn has been removed. There were no comments from the audience. MOTION: Aho moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Aho asked when the construction would commence, and how long it will take to complete the project. Mr. Anhorn replied they plan to return to the Council on December 3, and the process would not start until spring, with completion sometime next summer. CITY COUNCIL MINUTES November 12, 2019 Page 9 MOTION: Aho moved, seconded by Freiberg, to adopt Resolution 2019-123 for the Planned Unit Development concept review on 5.31 acres; to approve the first reading of the ordinance for the Planned Unit Development District review with waivers on 5.31 acres; and to direct staff to prepare a development agreement incorporating Staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, 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. Resolution No. 2019-124 Authorizing Issuance of $4,920,000 General Obligation Bonds, Series 2019A Getschow reported we are currently constructing a ground water storage facility and we need to borrow money to complete that project. Bruce Kimmel, Financial Adviser at Ehlers, reviewed the results of the bids to fund the general obligation bonds. He said six bids were received, and Piper, Jaffray submitted the lowest bid with a 2.16% interest rate for the 20-year term. The total for the Series 2019A bond issuance will be $4,920,000, which is about 3% better than we projected. He reported the City’s triple A credit ratings from both Moody’s and Standard and Poor’s were affirmed. Case commented we are proud of the amazing job our City staff has done, and it is nice to hear this news. He asked if it is typical to start construction early before we have the money from the bond issue. Finance Director Sue Kotchevar replied the Council approved a reimbursement resolution about six months ago. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2019-124 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $4,920,000 General Obligation Bonds, Series 2019A. Motion carried 4-0. CITY COUNCIL MINUTES November 12, 2019 Page 10 2. Historic Yorkville and Bloomington Road Local Heritage Preservation Designation Getschow reported a local heritage preservation designation for the historic Yorkville and Bloomington Road has been on the work plan of the Heritage Preservation Commission (HPC) for several years. The Eden Prairie Heritage Preservation Commission held a public hearing on October 21, 2019, and recommended the City Council designate a segment of the historic Yorkville and Blooming Trail located within the City-owned James A. Brown Conservation Area as a Heritage Preservation Site. Once designated by the City Council, the HPC will prepare a Heritage Preservation Plan to identify significant features of the Heritage Site, provide preservation guidelines, and to develop a vegetation management plan for the site. Paul Thorp, a member of the HPC and the Eden Prairie Historical Society, gave a PowerPoint presentation about the historic Yorkville and Bloomington Road. He displayed a map showing oxcart trading trails along the Minnesota River. He also displayed a Town of Hennepin Plan from 1854 and a map from Carver County showing the area as it was in 1864. Case commented members of the HPC and the Historical Society often have a passion for certain historical sites. He noted as a sixth grade teacher he taught students about the ox cart trail for 35 years. He asked Ms Jeremiah to explain what this designation will mean. Jeremiah explained the designation as a Heritage Preservation Site gives the HPC an opportunity to look at grants to protect the area. The next step will be to devise a plan to protect the resources there and educate the public about the site. Case noted the authority to designate a local heritage preservation site comes from the fact we are a federally-certified local government, which gives us the power to protect our heritage. He thanked Mr. Thorp for his presentation. Freiberg commented he was very impressed by the research and maps Mr. Thorp was able to obtain. He asked why the Town of Hennepin did not survive like others along the river. Mr. Thorp replied the proprietors in Hennepin Town did not go to the land office to purchase the land after the federal survey was completed. Narayanan asked what it will mean to designate this as a historical site and how does one get to the site. Mr. Thorp replied the next phase is to come up with a work plan for the site. He noted it is very difficult to get into this area to see the site. Case noted this is the beginning of raising awareness of the site. MOTION: Freiberg moved, seconded by Narayanan, to designate a segment of the historic Yorkville & Bloomington Road within the James A. Brown Conservation Area as depicted in the enclosed nomination report as a Heritage CITY COUNCIL MINUTES November 12, 2019 Page 11 Preservation Site under City Code Chapter 11.05, Criterion 1, “In association with events that have made significant contribution to the broad patterns of Eden Prairie’s history.” Motion carried 4-0. 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: Narayanan moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:08 p.m.