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City Council - 03/04/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 4, 2014 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS Mayor Tyra-Lukens recognized the important part played in the development of our City by Don Brauer who passed away last week. She said he played a major role in planning the City of Eden Prairie and was referred to as the Godfather of Comprehensive Planning. A. PROP SHOP UPDATE Cindy Eddy, Director of the PROP Shop, gave an update on the Prop Shop. She thanked the Council, City staff and members of the community for their support during the seven years the Prop Shop has been in existence. Over 6000 people have been helped during that time. Tyra-Lukens said it is really Ms Eddy's vision and ability to get people to collaborate that have made the Prop Shop a success. Case said Eden Prairie has a lot of people who give a lot,but Ms Eddy was the one who stepped up and made PROP Shop the success it is today. Aho thanked the Eddy family for their efforts, and noted they are huge contributors to the project. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. CITY COUNCIL MINUTES March 4, 2014 Page 2 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 18, 2014 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, February 18, 2014, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2014 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, February 18, 2014, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT NO. RESOLUTION 2014-29 APPROVING FINAL PLAT OF BLUFFS WEST 13'rH ADDITION C. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission. 2nd Reading of Ordinance No. 5-2014 for Zoning District Change from Rural & Public to Airport Commercial on 3.04 acres. Location: Flying Cloud Airport D. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission. 2na Reading of Ordinance No. 6-2014 for Zoning District Change from Public to Airport Commercial on 4.53 acres. Location: Flying Cloud Airport E. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission. 2na Reading of Ordinance No. 7-2014 for Zoning District Change from Public to Airport Commercial on 0.45 acres. Location: Flying Cloud Airport F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission. 2na Reading of Ordinance No. 8-2014 for Zoning District Change from Public to Airport Commercial on 3.17 acres. Location: Flying Cloud Airport G. APPROVE SECOND READING OF ORDINANCE NO. 9-2014 AMENDING CITY CODE CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS AND ADOPT RESOLUTION NO. 2014-30 APPROVING PUBLICATION OF SUMMARY ORDINANCE H. APPROVE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC CITY COUNCIL MINUTES March 4, 2014 Page 3 SAFETY BUREAU OF CRIMINAL APPREHENSION FOR FUNDING REIMBURSEMENT FOR ECHARGING ADAPTER I. ADOPT RESOLUTION NO. 2014-31 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE EDEN PRAIRIE ROAD IMPROVEMENTS J. APPROVE JOINT POWERS AGREEMENT WITH MAC FOR EDEN PRAIRIE ROAD IMPROVEMENTS (RILEY CREEK TO SOUTH OF FREDERICK PLACE) K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2014 WATER MONITORING PROGRAM L. AWARD CONTRACT FOR ENGINEERING & INSPECTION SERVICES FOR THE BAKER ROAD WATER RESERVOIR RECOATING PROJECT M. APPROVE PURCHASE OF NEW CONTROL ROOM VIDEO PRODUCTION SYSTEM MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-M of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2014-32 APPROVING USE OF 2014 CDBG FUNDS Getschow said this is an annual item. We have estimated the amount of dollars we will receive from the Federal government for Community Development Block Grant (CDBG) funding in 2014 will be $235,000. Based on guidance of the Human Services Review Committee, the funds will be used to help fund programs such as PROP, the YMCA and housing. A representative of PROP said they served nearly 1100 households, and 45% of those served were children. PROP provides food, emergency financial assistance and support for families in Eden Prairie. She thanked the Council for funding PROP. Carol Watson, representing Community Action Partnership of Suburban Hennepin (CAPSH), said they help to keep households self-sufficient by providing emergency vehicle repair and other services. She said they have been inundated with requests for vehicle repairs the last couple of months because of the severe winter weather. Sue Gallus and Christine Tzinakis reviewed the Household and Outside Maintenance for Elderly (HOME)program that helps seniors over the age of 60 to remain independent in their homes as long as possible. The HOME program uses volunteers to provide various types of services including interior and exterior painting, housecleaning, assistance with laundry, grocery shopping and home repairs. CITY COUNCIL MINUTES March 4, 2014 Page 4 Terry Johnson, Director of Community Education for Eden Prairie Schools, thanked the Council for past grants they received for child care subsidies. A representative of the Southdale YMCA said they appreciate the support they have received. She noted the Southdale YMCA has partnered with Eden Prairie for over 30 years to provide child care services for school students. Nelson noted Cornerstone used to be in this category and asked if they are being funded by the Police Department now. Getschow said he understood that group is funded through the Police Department budget. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2014-32 approving the use of 2014 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. B. RESOLUTION NO. 2014-33 APPROVING LAYOUT NO. 4 FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 61 (FLYING CLOUD DRIVE) Getschow said this is a public hearing of a request to approve the layout for reconstruction of CSAH 61 (Flying Cloud Drive) from Hwy 101 to Charlson Road. Jason Staebell, representing Hennepin County, gave an overview of the plans for reconstruction of the roadway. He noted in 2010 Hennepin County took full ownership of the corridor from MnDOT, although MnDOT provides funding to fix roadway deficiencies for turnback roadways. He said the goal of the project is to minimize disruptions caused by seasonal flooding. Part of the project involves raising up portions of the road so it is out of the 100-year floodplain. The construction coincides with the Hwy 101/CSAH 61 project in Carver County for the new bridge into Shakopee and will involve replacing the pavement and creating a pedestrian corridor. There will be two traffic lanes with a continuous left turn lane in the middle of the roadway. In addition there will be right turn lanes at key intersections with a multi-use trail on the north side of the roadway. Retaining walls are planned for the north side to mitigate impact to the bluffs. Guard rails will be used to minimize the impact to the wetlands on the south side. There have been three public meetings and several one-on-one meetings with property owners and businesses about the project. Mr. Staebell said they are moving forward with an Environmental Assessment Worksheet(EAW) and are working with the watershed districts to improve water quality in the area. There is one site that is potentially eligible for listing on the National Register of Historic Places. The EAW will be published in late March, with acquisition of right-of-way to start in the middle of 2014. Construction is scheduled to begin in late 2015 after the Hwy 101/CSAH 61 project is completed. He said full closure will be necessary during much of the construction;however, access to all properties will be maintained throughout the project. CITY COUNCIL MINUTES March 4, 2014 Page 5 Tyra-Lukens said she liked that the roadway will be pedestrian and bike-friendly. She asked if any of the three bridges included in the project are in Eden Prairie and what their height will be. Mr. Staebell said all three are located in Eden Prairie, and they are 6-10 feet at the highest point. Tyra-Lukens asked about the material used for the retaining walls. Mr. Staebell said they will be cast-in-place walls with a chain link fence on top. Butcher Wickstrom asked about the artifact that was discovered. Mr. Staebell said it was a small stone hand axe. Butcher Wickstrom asked where the artifact will go. Mr. Staebell said it is expected to go to the State Historical Society,but they can relook at that decision. Butcher Wickstrom asked if they have been in conversation with the Lions Tap. Mr. Staebell said Lions Tap has said they are thrilled with the reconstruction project. Nelson asked if the power lines will be buried in the section along Dell Road and Eden Prairie Road. Mr. Staebell said they have had discussions about burying those lines. Nelson asked how long the road will be closed. Mr. Staebell said it will probably be closed for more than a year, primarily because of the poor soils and the difficulty of building the retaining walls in the narrow corridor available for construction. Nelson asked where the normal traffic will be rerouted. Mr. Staebell said traffic will probably go from Hwy 101 to Pioneer Trail and then over past the Flying Cloud Airport. Nelson asked how much traffic will be added to Pioneer Trail. Mr. Staebell said they are looking into that to see what the traffic impact will be. Aho asked if they still plan to start construction in the summer of 2015. Mr. Staebell said that would be the earliest date. Aho said Mr. Staebell alluded to changes to the way Spring Road connects to CSAH 61, and asked if those changes would occur at the time of the project. Mr. Staebell said that was correct. Dean Edstrom, 10133 Eden Prairie Road, thanked the Council for the tribute to Don Brauer earlier this evening. He said he owns property that runs down Eden Prairie Road to Flying Cloud Drive and was concerned about the impact of the construction on the bluffs. After reviewing the plans,he thought the things they have done within the right of way are very good. He supported the design as it exists. He said the issue he has is with the design of Eden Prairie Road reconstruction,but that will be addressed in the future. MOTION: Nelson moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2014-33 approving Layout No. 4 for the reconstruction of County State Aid Highway No. 61 (Flying Cloud Drive)between Trunk Highway 101 and Charlson Road. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom 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." CITY COUNCIL MINUTES March 4, 2014 Page 6 XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 10-2014 AMENDING CITY CODE SECTION 5.35 TO REQUIRE A LICENSE FOR THE RETAIL SALE OF E CIGARETTES Getschow said the Council took action to adopt an ordinance which adds e cigarettes to the definition of"tobacco-related products" in the City's tobacco licensing ordinance. This will require that those engaged in the retail sale of e cigarettes obtain a City tobacco license and comply with related regulations. MOTION: Case moved, seconded by Butcher Wickstrom, to approve second reading of Ordinance No. 10-2014 amending City Code Section 5.35 to require a license for the retail sale of e cigarettes. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO. 11-2014 AMENDING CITY CODE SECTION 9.42 ADDING E CIGARETTES TO THE PROHIBITIONS AGAINST SMOKING IN LOCATIONS COVERED BY THE EDEN PRAIRIE SMOKE- FREE AIR ORDINANCE OF 2002 AND THE MINNESOTA CLEAN INDOOR AIR ACT Getschow said at the previous meeting the Council voted to give first reading to an ordinance which adds e cigarettes into the Eden Prairie Smokefree Air Act Ordinance of 2002 prohibiting smoking in parks, city facilities, motor vehicles owned by the city when occupied by two or more persons, and motor vehicles at city parks and facilities. In addition, the ordinance adds a prohibition against smoking, both tobacco and e cigarettes, in any location in which the Minnesota Clean Indoor Air Act prohibits smoking. This will prohibit use of e cigarettes in bars,restaurants,retail stores, offices,public transportation, educational facilities, auditoriums, etc. Aho said it appears there is going to be some State legislation regarding what is being contemplated here, so we are potentially getting out ahead of the possible State legislation. He also thought we don't know what the effects are or what is in the devices. Some people use these devices to quit smoking. Those were some of the reasons he would not support the ordinance at this time. Case said, back in 2002 when we had all of our conversations about cigarette smoking, we heard the same argument against the smoke-free air ordinance. If the State is going through the same thought process now, it confirms that we are doing this right. He didn't think we are getting out ahead of others on this,rather we are doing what we believe is needed in order to represent the people. We are not voting to ban a behavior, instead we are voting to keep someone from blowing e cigarette mist in another person's face. As the science gets clearer on this issue, government at all levels will need to look at protecting the rights of all of us. MOTION: Butcher Wickstrom moved, seconded by Case, to approve second reading of Ordinance No. 11-2014 amending City Code Section 9.42 adding e- CITY COUNCIL MINUTES March 4, 2014 Page 7 cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act. Motion carried 4-1, with Aho opposed. Tyra-Lukens said she had similar comments to those of Council Member Case. She would add that if there are studies that come out to show that e cigarettes are not a danger, we can pull this back and reconsider the ordinance. Aho said he voted for the licensing of e cigarettes as he did not want them to be targeted to youth. He thought e cigarettes should be considered a controlled substance since we don't yet know what is in them. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Tyra-Lukens said the Council interviewed the candidates for the Commissions last week. There were 19 applications, with eight of the 19 being reapplications from those currently serving on commissions. MOTION: Nelson moved to appoint to the Conservation Commission Margaret Powell and Lori Tritz with terms ending March 31, 2017; Case moved to appoint to the Flying Cloud Airport Advisory Commission Jay Erwin, Caryl Hansen and Keith Tschohl as Community Representatives with terms ending March 31, 2017; Butcher Wickstrom moved to appoint to the Heritage Preservation Commission Cindy Evert and Ed Muehlberg with terms ending March 31, 2017 AND Deb Paulson to a term ending March 31, 2015; Aho moved to appoint to the Human Rights and Diversity Commission Tonja Bivins, Harry Davis and PG Narayanan with terms ending March 31, 2017; Nelson moved to appoint to the Parks, Recreation and Natural Resources Commission Donald Jacobson and Kirk Spresser with terms ending March 31, 2016 and Leonard Pesheck, Tim Rawerts and Deb Tenner with terms ending March 31, 2017; Case moved to appoint to the Planning Commission John Kirk, Andrew Pieper, Jon Stoltz and Charles Weber with terms ending March 31, 2017. Seconded by Tyra-Lukens. Motion carried 5-0. B. COMMISSION CHAIRS AND VICE CHAIRS MOTION: Aho moved to appoint Greg Olson - Chair and Laura Jester- Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Jeffrey Larsen - Chair and Keith Tschohl - Vice Chair of the Flying Cloud Airport Advisory Commission; Case moved to appoint Ed Muehlberg - Chair and Cindy Evert - Vice Chair of the Heritage Preservation Commission; Nelson moved to appoint Sandra Filardo - Chair and PG Narayanan - Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Hutch Coburn - Chair and Larry Link - Vice Chair of the Parks, Recreation and Natural Resources Commission; Butcher Wickstrom moved to appoint Jon CITY COUNCIL MINUTES March 4, 2014 Page 8 Stoltz - Chair and Steven Frank - Vice Chair of the Planning Commission. Seconded by Tyra-Lukens. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Riley/Pumatory Creek/Bluff Creek Watershed District (RPCBQ Draft Water Resources Plan -- Council Member Case Case said several of the Council Members have received emails and phone calls from residents concerned about the draft final document for the RPCNBC Watershed District's water resource plan. The RPCBC Watershed District is an unelected body that could have a large impact on some of our residents. He was concerned that the Council, as an elected body, does not know a lot about the plan and has not been notified about it. He would like to direct staff to come back in two weeks with a report telling the Council what is going on and giving us more information. Ellis said the RPCBC Watershed District is in the process of reinstating their regulatory program. They are getting back into the permitting business. There is a public hearing scheduled for March 19 here at City Hall at 6:00 PM to take testimony on the proposed rules. The comment period ends April 7, so they have a quick time schedule. While the rules cover a number of different areas, we have received the most feedback on rules regarding buffers for wetlands, lakes, creeks and steep slopes. He noted anyone who lives within the Watershed District's limits can leave comments about the plan on their website. City staff is putting together our list of comments. He noted the City supports managing water resources in a way that protects them. He said he will bring a report to the next Council meeting that will include the staff comments on the plan. Tyra-Lukens asked that a link to the watershed district's website with information about this draft plan be put in a prominent place on our website. She said people should be aware they can put comments on the watershed district's website even though they may not be able to attend the March 19 public hearing. Aho asked about details of the meeting. Ellis said it is at 6:00 PM on March 19, and he thought it will be held in the Council Chamber. Nelson asked that the report be brought back in a manner such that the Council could take an official position if we so choose. Getschow said staff could do that. Case said he thought the list of things included sounded pretty good,but his concern is really about the process. It feels like we are not being kept informed and in the loop. He was not sure he would have a lot of CITY COUNCIL MINUTES March 4, 2014 Page 9 disagreement with the details,but it feels like we need to find out if there will be negative effects for some of our residents. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Desisn Update Lotthammer gave a PowerPoint presentation that included design slides of the Aquatics Center and a timeline for the project. He explained the traffic flow, the layout of each of the pools, the Phase 2 construction, and the second floor plan for the new center. He reviewed the plans for parking and noted they plan to put in more directional signs. The area reserved for teachers to park at the High School will be available for parking after the school day. Staff is trying to create more of an inviting entrance at the back of the building to open up more parking opportunities. We are considering having a shuttle operation for parking at Round Lake for special events and also expect to do our best to reeducate people about alternative parking opportunities. Lotthammer reviewed the timeline for the project. He noted they expect to give a presentation to the Council of bids received with pricing of alternates on May 6. He said construction could then be started by mid-June if the project is approved. Phase 1 construction will be a year long process. Tyra-Lukens asked if we have given any consideration to any kind of bump out on Valley View Road that could serve as a drop off for the pool. Lotthammer replied they are really tight on space and are looking at the pool entrance as the quick drop off point. Tyra-Lukens said it would be good to have an area where you didn't have to come through the parking lot. Ellis said there is quite a bit of traffic on Valley View Road,but staff could take it back to the drawing boards and review putting something else there. Nelson asked if the drop off point for kids using the pool would be the main entrance to the Community Center. Lotthammer said they plan to promote either the back entrance or the Aquatics Center entrance. Staff has been sending out maps that show the area at the back as additional parking. If people come into the parking lot for aquatics, they would be funneled to the left. Nelson asked if there will be facilities for kids to wait for their parents to pick them up. Lotthammer said for the most part he would assume they would wait inside the entrance where there is a waiting area; however, there is an overhang on the outside as well. Nelson asked about a handicapped entrance. Lotthammer pointed out the ramp along the front of the building. He said one of the biggest challenges CITY COUNCIL MINUTES March 4, 2014 Page 10 right now is congestion from people using the round-about traffic circle in front of the Community Center as a waiting area. Nelson said she has received some emails about bonding and interest rate percentages. She asked if we will get the same interest rate for this as for our other bonds. Getschow said there are a couple of different ways to issue debt: lease revenue bonds or tax abatement bonds. One of those methods could have a lower interest rate than the other,but our plan is to go with the bond issue with the lowest interest rate possible. The confusion might be that neither of those debt issuances are tied to a referendum. 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 REVIEW At 8:40 PM Mayor Tyra-Lukens said the Council would move to closed session to discuss the City Manager's performance review. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:55 PM.