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City Council - 04/16/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 16, 2013 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. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MY BOOK DAY PROCLAMATION Tyra-Lukens read a proclamation proclaiming May 9, 2013 as My Book Day Literacy Program Day in the City of Eden Prairie. She presented a copy of the proclamation to representatives of the Noon Rotary Club who sponsor the program. B. CMS PARAPROFESSIONALS DAY PROCLAMATION Tyra-Lukens read a proclamation proclaiming May 2, 2013 as Central Middle School Special Education Paraprofessional Day in the City of Eden Prairie. She presented a copy of the proclamation to representatives of Eden Prairie Women of Today who sponsor the event. C. ARBOR DAY PROCLAMATION Tyra-Lukens read a proclamation proclaiming April 27, 2013 as Arbor Day in the City of Eden Prairie. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MINUTES April 16, 2013 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, March 5, 2013 as published. Motion carried 4- 0-1, with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 5, 2013 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, March 5, 2013 as published. Motion carried 4-0-1, with Case abstaining. C. SPECIAL COUNCIL MEETING HELD TUESDAY, MARCH 12, 2013 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Special City Council meeting held Tuesday, March 12, 2013 as published. Motion carried 4-0-1, with Aho abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HOOVERSON ADDITION by Orin & Patricia Hooverson. Second Reading of Ordinance 6-2013-PUD-3-2013 for Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres Location: 12151 Sunnybrook Road. (Ordinance No. 6-2013-PUD-3-2013 for PUD District Review with waivers and Zoning District Change) C. APPROVE SECOND READING OF ORDINANCE NO. 7-2013 AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS D. ADOPT RESOLUTION 2013-39 APPROVING FINAL PLAT OF HOOVERSON ADDITION E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES F. APPROVE INSTITUTIONAL COMMUNITY WORK CREW PROGRAM AGREEMENT CITY COUNCIL MINUTES April 16, 2013 Page 3 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2013 LAKE WATER QUALITY MONITORING PROGRAM H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTAINING THE RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ALLIED WASTE FOR THE ANNUAL CITY CLEAN UP J. APPROVE APPRAISED VALUES FOR CITY WEST PARKWAY ROUNDABOUT ACQUISITIONS AND APPROVE ACQUISITION OF PARCEL 10 K. AWARD CONTRACT TO ELECTRICAL INSTALLATION AND MAINTENANCE (EIM) FOR REPLACEMENT OF THE VARIABLE FREQUENCY DRIVE (VFD) AT WELL NO. 10 L. AWARD CONTRACT TO RICE LAKE CONSTRUCTION GROUP FOR UPDATING ELECTRICAL EQUIPMENT & CONTROLS FOR WELLS 3 & 4 M. ADOPT RESOLUTION NO. 2013-40 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SOUTH SHADY OAK ROAD (CSAH NO. 61) IMPROVEMENTS AT THE TH 212 INTERCHANGE N. APPROVE 2012 UNBUDGETED FUND TRANSFERS O. ADOPT RESOLUTION NO. 2013-41 AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL P. APPROVE PURCHASE OF DUGOUT COVERS FOR THE BASEBALL FIELDS AT STARING LAKE PARK AND FRANLO PARK FROM H & B SPECIALIZED PRODUCTS Q. ADOPT RESOLUTION NO. 2013-42 APPROVING PURCHASE OF A TAX FORFEITED LAND PARCEL R. APPROVE A NEW 3-YEAR CONTRACT WITH XIGENT SOLUTIONS TO UPGRADE AND CONFIGURE NETAPP PRODUCTS IN THE STORAGE AREA NETWORK (SAN) S. APPROVE SERVICE AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES AND ADMINISTERING SHORT TERM DISABILITY AND FAMILY MEDICAL LEAVE ACT PROVISIONS CITY COUNCIL MINUTES April 16, 2013 Page 4 T. ADOPT RESOLUTION NO. 2013-43 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 57-49-12 WITH HENNEPIN COUNTY FOR MITCHELLBAKER ROAD SIDEWALK U. APPROVE AGREEMENT WITH (IES) INDEPENDENT EMERGENCY SERVICES FOR 911 PHONE SYSTEM SERVICE V. APPROVE THE CLOSING DOCUMENTS FOR SPRINT NEXTEL RE- BANDING PROJECT MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-V of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS Getschow said official notice of this public hearing was published in the April 4, 2013, Eden Prairie News. He said this is a first reading of an ordinance that staff is bringing forward. Staff has come across several issues related to signage on many different projects in the City over the past few years. We collected different thoughts, concerns and ideas and discussed those with City staff and members of the Chamber's Government Affairs Committee, who thought the changes were good for business. The Planning Commission voted 6-0 to recommend approval of the ordinance at the February 25, 2013 meeting. Regina Rojas, City Planner, gave a PowerPoint presentation about the proposed changes. She said there are three main categories of signs that will be affected by the changes: menu boards, directional signs and free standing signs. There are also some other changes that are considered housekeeping items. Current code allows one menu board; the proposed change would allow two to accommodate double drive through lanes. The code now allows directional signs to be 36 square feet total per property; the proposed change would allow 72 square feet for properties 20 acres or greater to accommodate large business campuses such as UHG that have multiple buildings and driveways. The code currently specifies a minimum spacing of 300 feet between free standing signs, and the proposed change would have no minimum spacing to accommodate small commercial properties with multiple street frontages. Other proposed code changes include permitting advertising on directional signs, electronic changing of menu board messages, one temporary sign per street frontage, double face sign spacing from 18-36 inches, and no setback for signs in Town Center. Nelson said the changes allow logos or names on directional signs but also allows advertising, and she disagreed with that. She also questioned the changes regarding electronic signs as she did not want that to mean dynamic signs. Rojas said the electronic signs are specific only to menu boards. Nelson said she thought it referred to both menu boards and directional signs as it was mentioned in two places. She was CITY COUNCIL MINUTES April 16, 2013 Page 5 concerned about what we would be opening ourselves to if we allow dynamic signs on part of a property. Nelson expressed concern about the use of temporary signs such as "For Lease" signs, that are displayed on a building. She has called the number listed to see about a building space, and the response has often been there is no space for lease in that particular building but there is space available in other buildings that may not even be in Eden Prairie. Rojas said we have specific requirements in code that specify when "For Lease" signs can be placed; however, we do not require a permit for such signs so there is no way of tracking those. We operate on a complaint basis only. Nelson said two years ago she called several companies in the Golden Triangle area that had "For Lease" signs placed in buildings, and none of them had space available in the building where the sign was placed. She thought that is a problem because it presents the idea that there is a lot of leased space available in town. She suggested we may need a permit for such signs in order to track those. Getschow said signs regarding leases available at off-premise locations are not allowed, and we would enforce that. Nelson said the problem is someone has to complain about the situation before we enforce that. Some buildings have had these signs up for a long time. She thought we need to get a handle on the problem. Tyra-Lukens said she was fine with allowing two menu boards and thought it was a good thing. Regarding the change for directional signs, she asked how many properties there are in the City that are 20 acres or more, other than the Mall, Super Valu and UHG. Rojas said the City Center is over 20 acres. Tyra-Lukens said she agreed with Council Member Nelson that there should be no advertising on directional signs. She was concerned about why small sites would need two signs. Rojas said Wedding Day Diamonds is an example where they have a sign placed on Flying Cloud Drive but are not able to have a sign on the back of the property. Tyra- Lukens said they are able to put a sign on their building, so she was very reticent to increase the number of signs allowed. She shared Council Member Nelson's concerns about electronics being allowed on signs other than menu boards. She also had a problem with temporary signs that tend not to be temporary and many of them look terrible. She was reluctant to add more signage to the community. Tyra-Lukens asked about the change regarding no setback required for signs in the Town Center area as she was concerned about the possible impact on sight lines or traffic. She was also not clear on the description of triangle signs which will go from 18 to 36 inches. She asked where the measurement is being taken. Rojas said the signs would be at a 45' angle and would be allowed to be 36 inches in size. Rosow said code does allow dynamic signs,but we have very strict restrictions on the displays and the time period between the changing of the signs. It is allowed but under very strict conditions as to how they can be displayed. Nelson said if we allow electronic signs then they could become dynamic signs but they would have to follow the dynamic sign rules. Aho didn't think the menus would change more than 3-5 times in a day, and that would fall within the dynamic code rules. CITY COUNCIL MINUTES April 16, 2013 Page 6 Nelson asked if the menu board changes apply to other signs, as she thought the information packet showed that other signs were included. Rojas said it applies only to the menu boards. Nelson said it would be helpful to have copies of the actual changes included in the information packet. Rosow said code states a dynamic sign is a sign that appears to have movement or change in the display or structure itself, so it is a fairly specific type of sign. Getschow thought the change allowed for menu boards might be mentioned in two specific areas of code,but staff will check that out. Rosow said the two references are to menu boards and reader boards. He said we should be able to distinguish the electronic changes for menu boards without having them end up as dynamic signs. He thought we need another definition change in the code to address Council Member Nelson's concerns, and that could be included in the second reading of this item. Aho asked if we could approve the item tonight but make the alterations at a second reading. Rosow said it could be approved with direction to staff to address the issues being discussed. The item could come back on the discussion agenda for second reading rather than being placed on the Consent Calendar. Getschow noted this item was brought to the Chamber, and we have heard enough possible changes tonight so he thought it should come back through as a first reading. By doing that we could go back to the Chamber committees and Planning Commission with the changes. He noted there is no particular time crunch for this item. Tyra-Lukens said she would be in favor of that. There were no comments from the audience. Rosow suggested the Public Hearing be closed so staff could go back to the Chamber and other constituencies and then re-notice the public hearing. Getschow said that would be best as we don't know a date certain for the next public hearing. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE DESIGNATING THE STARING LAKE OUTDOOR CENTER AS A HERITAGE PRESERVATION SITE Getschow said official notice of this public hearing was published in the April 4, 2013, Eden Prairie News and sent to 11 property owners. This public hearing relates to designating the Staring Lake Outdoor Center as a Heritage Preservation Site. The Heritage Preservation Commission (HPC) held a public hearing on March 18, 2013 about the designation. The commission voted 4-0 to recommend approval of the designation. Aho said he had questions based on things we have done in the past regarding heritage preservation sites. It seems that once a site is designated a heritage preservation site it becomes much more difficult and costly to do anything to the site. He asked what are the benefits and the downsides to doing this. Jeremiah replied one of the benefits will be to allow the HPC to have the opportunity to CITY COUNCIL MINUTES April 16, 2013 Page 7 review the changes and possibly make improvements to the changes. A lot of the benefits are with regard to the local review. The properties are deemed of historical value by the State and/or the National Register. This gives us more local control to bridge any differences. Local control and oversight with regard to timing could add a layer of going through the HPC, but since we own the property anyway, we have more opportunities to be informed about what is going on with the tenant. Aho commented since the City owns them he thought we would have had input about any changes. Jeremiah replied we should have input,but it depends on what the lease states. As the owner we do have that authority and could draft a lease to be even more restrictive than heritage preservation regulations. This allows us to be very clear with regard to our requirements and also our plans for the property. The property has gone through a process already, so there has been discussion about how we would manage the property and what type of criteria we are looking at. We brought the designation as rehabilitation property which is more restrictive and allows fewer questions. Aho asked if this changes any requirements that we have to go through the State's SHIPO. Jeremiah said because we have this local process, staff brings SHIPO into the process early on. The requirements from the State and National registries are pretty subjective, and our local designation can help clarify and provide fairly specific direction for the property. This brings it through a planning process that calls out how we are going to treat it and clarifies a lot of requirements. Aho asked if the state or federal authorities would trump our local authority in any kind of dispute. Jeremiah said that could happen in theory,but in practice they seem to be very willing to work with the local groups because there are really not a lot of ways they can control the process. The rehabilitation designation is important because it means we are trying to keep the property viable. If it is a pure preservation designation, they can argue no changes can be made. Aho asked if that means we have more input and control over the situation and can bring about a better outcome. Jeremiah said there is also a best management practices step that will take place in the future to further clarify how we would manage the properties. We would work with the tenant to discuss best management practices and try to avoid problems. Aho asked if this will add a fair amount of administrative load to City staff. Jeremiah said the HPC appears excited to get these under their purview, and they will have clear criteria with which to review a proposal. More importantly, we will pull the parties together on the issue of best management practices as we go forward. Butcher Wickstrom said she was thrilled to have this designated as a heritage preservation site. It has been proven through research that it has a historical significance to our community, and we have this designated as a rehabilitation site which is very different from other kinds of preservation designations. This allows us to have the building at a state of utility. We get to make the decisions about saving the features that are there and that is very important. Most of all she was CITY COUNCIL MINUTES April 16, 2013 Page 8 pleased about having the best management practices put in place. Aho said his concern is that we want to be able to use the facility and we need to be able to make changes to make them usable without taking a lot of administrative time. Butcher Wickstrom thought that is why we have the HPC, who take a lot of work from the staff and help to move these things forward. Case reminded the Council that the HPC is in the process of working down an exhaustive list to do the research required for this designation, starting with many of the City structures. The goals involved in Certified Local Preservation (CLP) designation allows us to get grant money and really places value on our view of sites. It adds one more layer of protection, so this is a win-win situation for everyone. Tyra-Lukens said she was pleased to do this as well. She asked if this is a designation of a site and not just a building, and does that mean we are being overly restrictive on the property. For example, would we have been able to do the observatory structure now that the site will have CLP designation. Jeremiah said by designating the Staring Lake property staff wanted to include the outbuilding, so provisions with regard to the site are pretty limited. Most of the site is quite open with regard to use. She thought the observatory would still be possible under this designation. The Eden Prairie Parks Department and the HPC will work out the best management practices. Jeremiah said the Glen Lake site is a little different. It is an historic site, and there is much more site-related designation. The beach, waterfront, and walking paths are protected. The tenant made changes without awareness of some of the historic concerns that help protect the property. This brings a lot of information and clarity as to how we move forward. Nelson said we have canoes and racks at the Staring Lake site and asked how this affects those. She asked if the designation should be for the whole site or just the log building. Tyra-Lukens asked if we don't have a process that makes things like this very transparent, how are will a private property owner be able to go through the process. Jeremiah said we intend to follow these requirements for our own sites. Each site is looked at very carefully as to which ones have a historic significance. The heritage preservation treatment concept for the Staring Lake property has very little with regard to the site, and mostly addresses the log cabin and the structure. When it comes to the actual property, the only direction is with regard to new construction. Each property is looked at very specifically and discussed with the HPC. Nelson asked if the chunk of original prairie is included in this. Jeremiah said it isn't part of the historic significance. Nelson asked how we get preservation of that unique chunk of prairie then. Jeremiah said we own it, so our own Parks management takes care of protecting it and uses the best management practices they work through with the HPC if there is a conflict. CITY COUNCIL MINUTES April 16, 2013 Page 9 There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt first reading of an ordinance to designate the Staring Lake Outdoor Center as a Heritage Preservation Site. Motion carried 5-0. C. FIRST READING OF AN ORDINANCE DESIGNATING THE GLEN LAKE CHILDREN'S CAMP PROPERTY AS A HERITAGE PRESERVATION SITE Getschow noted we covered the two properties in the introduction to the previous item. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt 1st reading of an Ordinance designating the Glen Lake Children's Camp as a Heritage Preservation Site. 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT (LRT) COMMUNITY ADVISORY COMMITTEE (CAC) Getschow said a representative to the LRTCAC from the Planning Commission resigned, and this is a request to appoint Catherine Lechelt as the new Planning Commission representative. MOTION: Butcher Wickstrom moved, seconded by Nelson, to appoint Catherine Lechelt as the Planning Commission representative to the Southwest LRT Community Advisory Committee (CAC). Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Hennepin County Step to It Challenge Tyra-Lukens said one of the most popular ways to educate people about an CITY COUNCIL MINUTES April 16, 2013 Page 10 issue is to create a competition around it. The Step to It Challenge fits very well with our healthy community initiative. It is an idea from Hennepin County to get citizens out and moving to improve their physical condition. The program begins May 1 and runs for four weeks. Many communities in the County are participating in this. The program participants count the number of steps they take each day. The program provides tables for translating activity into steps on the website, steptoit.org. Participants need to register for the program on the website and then keep track of what activities they do on a daily basis. There are awards for participants. The city that has the greatest number of participants and the greatest number of steps taken gets an award. 2. Mayor's Water Challenge (Resolution No. 2013-44) Tyra-Lukens said last year we won first place in Minnesota cities of our size in this challenge. Participants sign up for the challenge on mywaterpledge.org. She noted it is not just about water conservation. Participants take a pledge about reducing water and energy usage, and there are prizes for participants. The program has been in effect since April 1, and we are currently in ninth place. We need more people to take the pledge. Getschow said other cities taking the challenge have adopted a resolution. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2013- 44 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. 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. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW Tyra-Lukens said the Council is going to go into a closed session to discuss the City Manager's performance review. CITY COUNCIL MINUTES April 16, 2013 Page 11 Rosow suggested a motion to recess to the closed session and then another motion to adjourn at the end of the closed session. MOTION: Aho moved, seconded by Case, to move to closed session. Motion carried 5-0. The council moved to closed session at 8:12 PM. XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the meeting. Mayor Tyra-Lukens adjourned the meeting at 9:22 PM.