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City Council - 06/18/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 18, 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 Rick 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. Council Members Case and Nelson were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TOUR DE TONKA Tim Litfin, Minnetonka Continuing Education, presented an overview of the upcoming Tour De Tonka event. He gave a slide show and video of the 2012 bike riding event. He thanked Eden Prairie for allowing one route of the event to go through the City and for the assistance provided by the Eden Prairie Police Department. B. URBAN LAND INSTITUTE (ULI)—REGIONAL INDICATORS INITIATIVE (COMMUNITY SUSTAINABILITY PROJECT) Rick Carter, representing the ULI, described the Regional Indicators Initiative (Community Sustainability Project) being developed by the ULI and the Regional Council of Mayors Environment Committee. He said the project began in an attempt to develop measurable outcomes for the GreenStep Cities program. The project involves 20 cities in the Regional Council of Mayors, including 18 metro area cities, Duluth and Rochester. He reviewed the energy trends they observed for the years 2008 and 2011. The project data will be posted on their website when it is launched in the next few weeks. CITY COUNCIL MINUTES June 18, 2013 Page 2 Aho asked how they factor the data on total number of BTU's for residential and commercial. Mr. Carter said the energy and water data from the utility companies comes separated by residential and commercial. Tyra-Lukens asked how contact will be made with the cities when the website is available. Mr. Carter said he will send out an email with a link this week, and they expect it to be live the following week. Tyra-Lukens asked if ULI will catalyze opportunities for cities to have discussions once the data is available. Mr. Carter said he hoped that will happen. The GreenStep Cities program is looking for a means of measurement. He said it will most likely start with the Regional Council of Mayors'programs. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 4, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, June 4, 2013, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 4, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 4, 2013, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Tyra-Lukens said Item VIII.A. will be moved to Item XII. in order to allow discussion of the license request. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 8-2013 DESIGNATING STARING LAKE OUTDOOR CENTER AS A HERITAGE PRESERVATION SITE C. APPROVE SECOND READING OF ORDINANCE NO. 9-2013 DESIGNATING GLEN LAKE CHILDREN'S CAMP PROPERTY AS A HERITAGE PRESERVATION SITE CITY COUNCIL MINUTES June 18, 2013 Page 3 D. APPROVE SECOND READING OF ORDINANCE NO. 10-2013 AMENDING CITY CODE CHAPTER 1 RELATING TO DEFINITIONS OF MISDEMEANOR AND PETTY MISDEMEANOR E. ADOPT RESOLUTION NO. 2013-54 AUTHORIZING ACQUISITION OF EASEMENTS FOR MITCHELL ROAD SIDEWALK IMPROVEMENTS, I.C. 02-5586 F. ADOPT RESOLUTION NO. 2013-55 APPROVING PLANS AND SPECIFICATIONS FOR MITCHELL ROAD SIDEWALK IMPROVEMENTS, I.C. 11-5802 G. AWARD CONTRACT FOR SLOPE STABILIZATION AT BLUESTEM LANE TO SUNRAM CONSTRUCTION CONTINGENT UPON SIGNED CONSENT OF OWNER AND MORTGAGEE, ORDER OF THE COURT OR OWNERS EXECUTION OF A SPECIAL ASSESSMENT AGREEMENT H. AWARD CONTRACT FOR SITE RESTORATION AT 11157 BLUESTEM LANE TO SUNRAM CONSTRUCTION CONTINGENT ON SIGNED CONSENT OF OWNER AND MORTGAGEE, ORDER OF COURT OR OWNERS EXECUTION OF A SPECIAL ASSESSMENT AGREEMENT I. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM J. APPROVE APPLICATION FOR WETLAND MITIGATION FOR PUBLIC TRANSPORTATION & LINEAR UTILITY PROJECTS ASSOCIATED WITH THE EDEN PRAIRIE ROAD IMPROVEMENT PROJECT K. AWARD CONTRACT FOR RICE MARSH LAKE TRAIL EXTENSION TO MINNESOTA DIRT WORKS L. ADOPT RESOLUTION NO. 2013-56 APPROVING EXECUTION OF MORTGAGE SUBORDINATION AGREEMENT REGARDING REFINANCING FOR SUMMIT PLACE MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items B-L of the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES June 18, 2013 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. CLERK'S LICENSE LIST Getschow said the one item on the Clerk's License List is a request for a private kennel license from Michael & Melissa Dudley, 15121 Summerhill Drive. He said there are currently about 10-15 of these private kennel licenses in the City. Residents must apply for and renew the private kennel licenses each year when they want to add a third or fourth dog or cat to their home. There was a letter received from a neighbor of the Dudley's who has been talking with the Police Department about his concerns with this particular license. The Police Department has investigated the issue, and the City is recommending approval of the license. Supplemental details regarding the parties involved and the Police Department investigation were provided on goldenrod paper. He noted this is not a public hearing,but it will be open to those who want to express their opinion about granting this private kennel license. Tyra-Lukens asked when the letter from the neighbor was received. Getschow said it was received on June 17. Tyra-Lukens asked about the statement on Page 2, Paragraph 3 of the letter stating that the letter writer had requested a conversation to explain his concerns prior to writing the letter and the request was not accommodated. Getschow replied he believed both parties were in contact with the Police Department,but he did not know the answer as to why the request was not accommodated. Garry Schumacher, 15111 Summerhill Drive, said he attempted to address his concerns with his neighbor before he came to the meeting tonight. He said he outlined his concerns in the letter,particularly that the dogs were acting aggressively towards him. He said the dogs are pit bulls and also rescue dogs. He asked that extra safety measures be taken if the license is approved in order to prevent any danger to his child and others in the neighborhood. Melissa Dudley, 15121 Summerhill Drive, said her dogs become excited to see someone they know, and they are high-energy dogs. She said they walk their dogs every day, and the dogs are licensed, tagged and micro-chipped. She said they went through the AKC Canine Good Citizens training process before adopting the dogs. They have put up a border fence in their back yard next to Mr. Schumacher's property. Tyra-Lukens asked about the suggestion regarding a shock collar. Ms Dudley said they have manually controlled training collars for the dogs which she uses to bring the dogs' attention back to her. She said her dogs are very well trained. Butcher Wickstrom said it seems the reason we are talking about this relates more to the breed of dog involved than the number of dogs. She asked if there are any behavioral issues and if the dogs are contained in the yard. Ms Dudley said they can get away at times like other dogs in the neighborhood,but they are not aggressive. CITY COUNCIL MINUTES June 18, 2013 Page 5 Aho asked if the dogs could jump the three foot fence. Ms Dudley said two of them would not be able to jump the fence, while the third dog views it as a visual boundary. She noted there is someone outside with the dogs at all times. A representative of the AKC Canine Good Citizen program explained the training and process that the rescue dogs and their prospective owners must complete before adopting a rescue dog. Each of the dogs are evaluated before they are given to applicants. They have a home visit and do background checks on the owners. Sarah Madsen, 15120 Summerhill Drive, said she has two small children, and the dogs are very gentle with her children. She has seen no instances of hostile behavior with the Dudley's dogs. Tyra-Lukens said situations like this are always hard to deal with. She said Mr. Getschow looked into this, and it is possible to grant the kennel license now and re- evaluate the license again when all the private kennel licenses are reviewed in January of 2014. Butcher Wickstrom said she appreciated the input given. She was concerned issues like this cause friction in neighborhoods. She said the Dudley's appear to have gone through the appropriate steps to ensure they are responsible dog owners. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the private kennel license. Aho noted it is important to treat everyone equally, and approval of this license does treat everyone equally. Tyra-Lukens said she thought the Dudley's will make sure the additional pet will not jeopardize renewal of the license. VOTE ON THE MOTION: Motion carried 3-0. XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract for the Riley Lake Park Improvements to New Look Contracting Lotthammer said the background for this project goes back over ten years of discussion and is predicated on many of the projects that have come before CITY COUNCIL MINUTES June 18, 2013 Page 6 it. The project will extend the fields at Riley Lake Park so they will be more appropriate for use by adults. The project will allow the second phase at Round Lake which will include three adult fields. The City has planned the update of the fields in a way that makes for more seamless construction and use of the fields. He said the tennis court at Riley Lake will be restriped so it can also be used for pickle ball and lights will be added. The lights will accommodate play in the spring and fall and will also allow adult softball leagues to have double headers. He reviewed the bids received for the project, noting the project is part of the CIP and will be funded through the use of cash park fees. MOTION: Aho moved, seconded by Butcher Wickstrom, to award the contract for the Riley Lake Park improvements to New Look Contracting, Inc. in the amount of$699,812.50. Motion carried 3-0. 2. Approve Professional Services Agreement with HTPO for Riley Lake Park Improvements Lotthammer said this item is a request for approval of a professional services agreement with Hansen, Thorp, Pellinen and Olson Inc. (HTPO) for construction administration and other services related to the Riley Lake Park improvement project. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve a professional services agreement with HTPO for the Riley Lake Park improvements project for construction administration services at a cost not to exceed $53,500. Motion carried 3-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Adopt Resolution No. 2013-57 Ordering Feasibility Report for Eden Prairie Road Improvements Ellis said, after a lengthy discussion at the June 4 workshop, Council Members indicated they want a connection to be made from Eden Prairie Road to Flying Cloud Drive but also want to look at the impact on the environment, the cost, and the effect on the adjacent properties and the City as a whole. The Council also indicated they want the project to be coordinated with the Flying Cloud Drive reconstruction project. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2013-57 authorizing the preparation of a feasibility report for street and utility improvements to serve the area adjacent to Eden Praprie Road from approximately Frederick Place to CSAH 61 (Flying Cloud Drive). Motion carried 3-0. F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES June 18, 2013 Page 7 G. REPORT OF FIRE CHIEF 1. Eden Prairie Fire Relief Association (EPFFRA) Bylaw Changes Getschow noted Council Member Case who serves on the EPFFRA provided an update on some changes proposed with the Fire Relief Association at the last Council meeting. Since that time the EPFFRA's Board of Trustees and the general membership have considered and approved the changes to the bylaws. Aaron Casper, President of the EPFFRA, reviewed the three changes proposed. He noted the first bylaw change changes the current multiplier for receiving a lump sum payout versus a defined monthly benefit payout. He said they are trying to incent more members to consider the lump sum option. Their analysis shows increased selection of the lump sum option could reduce the overall plan liability. The second change proposed clarifies the situation when a member is collecting a disability payment and then turns age 50. The third bylaw change adds a definition of how the EPFFRA will handle qualified domestic relation orders in the event of a divorce of one of the members. Speaking on behalf of the EPFFRA members, Mr. Casper thanked the Council for their support. He noted the EPFFRA is currently 96% funded in their pensions. Tyra-Lukens thanked Mr. Casper for his detailed explanation of the three bylaw changes. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the three EPFFRA Bylaw changes as unanimously recommended by the EPFFRA Board of Trustees and approved by the general membership of the EPFRA. Motion carried 3-0. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Mayor Tyra-Lukens adjourned the meeting at 8:15 PM.