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City Council - 03/18/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 18, 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. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. LEAD360 JEFFERSON AWARDS Tom Basquill, Regional Director for Jefferson Awards for Public Service, reviewed the Jefferson Awards program and the LEAD360 initiative to spotlight outstanding service projects in communities around the country. He said he was here to recognize two youth service projects done by students in Eden Prairie. The first award was given for the owl exploration project done by 4th grade students in the Athletes Committed to Educating Students (ACES) after school program in conjunction with the Minnesota Raptor Center. The second award was given for the International School of Minnesota's ISM Against Hunger program to provide food and assistance to families in the Dominican Republic. Mr. Basquill and two representatives of the Minnesota Vikings presented the awards to the youth. Tyra-Lukens congratulated the students for their achievements and noted volunteers make our community stronger. She encouraged everyone in Eden Prairie, especially students, to find an issue they care about in the City and volunteer to help. She said projects can be submitted to the Jefferson Awards on their website. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES March 18, 2014 Page 2 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2014 MOTION: Nelson moved, seconded by Butcher Wickstrom, to correct the minutes of February 18,previously approved March 4, 2014, to state in the second motion under Item IX. E.: Motion carried 3-2, with Tyra-Lukens and Case opposed. Motion carried 4-0. B. COUNCIL WORKSHOP HELD TUESDAY, MARCH 4, 2014 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, March 4, 2014, as published. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2014 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 4, 2014, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2014-34 APPROVING FINAL PLAT OF REEDER RIDGE SECOND ADDITION C. APPROVE ACQUISITION OF PARCEL'S 21, 22, 23, 24 & 29 FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS D. AWARD 2014 STREET SWEEPING CONTRACT TO RELIAKOR SERVICES, INC. E. APPROVE PURCHASE OF POLICE DEPARTMENT MOBILE COMPUTER REPLACEMENTS F. AUTHORIZE PURCHASE OF FOUR LIFE FITNESS TREADMILLS AND TWO UPRIGHT BIKES FOR EDEN PRAIRIE COMMUNITY CENTER MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-F of the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES March 18, 2014 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. MAC DEVELOPMENT PARCELS 2 AND 6 Getschow said in February the Council took action to continue to tonight's meeting the public hearing for MAC Development Parcels 2 and 6, primarily to allow time for City staff to have further discussions with MAC. MAC has requested we push the public hearing out to the April 22 Council meeting in order to meet and discuss the concerns brought up at the February meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson to continue the discussion of Parcels 2 and 6 to the April 22, 2014, Council meeting, and to direct staff to notice a public hearing on MAC Parcels 2 and 6 for April 22. Motion carried 4-0. B. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, 2 & 3, BLOCK 1, TOPVIEW ACRES 3RD ADDITION (RESOLUTION NO. 2014-35) Getschow said the Nine Mile Creek Watershed District has requested the vacation of the drainage and utility easements to facilitate the plat of the Kaerwer Addition. The drainage and utility easements to be vacated were originally dedicated with the plat of Topview Acres 3rd Addition. Nine Mile Creek Watershed District would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Kaerwer Addition. Staff received an objection to the vacation request from Xcel Energy. The vacation is subject to resolution of this objection. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of new dedicated drainage and utility easements on the plat of Kaerwer Addition and the possible addition of an easement for Xcel Energy. He said a resolution approving the final plat of the Kaerwer Addition will be discussed under Item XIV.E.1. Kevin Bigalke, representing the Nine Mile Creek Watershed District, reviewed the status of the property and the Water Resource Center. He said the agreement the Watershed District made with Ms Kaerwer when she donated the property allowed her to remain in the home until June of 2013. Since that time, the Watershed District has been going through the process of conducting an EAW and preparing the site. They expect to start construction towards the end of April, with occupancy of the Watershed District's office building and the new Water Resource Center expected to occur around the end of October. Mr. Bigalke said the Watershed District is working with Xcel Energy to relocate the power source to the property. When that is completed, they expect Xcel Energy's objection to the vacation request will be removed. CITY COUNCIL MINUTES March 18, 2014 Page 4 Aho said he has heard from a number of neighbors who aren't happy about the tree removal for this project. He asked if they are following the tree removal and replacement plan. Mr. Bigalke said the majority of trees being removed are a result of the parking lot required by the City, and most of those were not considered to be significant trees. They are following the required tree replacement on a per caliper inch basis. They will work to plant additional trees to meet the requirements and to provide additional screening of the parking lot. Aho noted there are some issues with surface drainage in the area and asked if they plan to change the runoff when they vacate the easements. Mr. Bigalke said no water currently leaves the site, and they actually accept additional water coming off the streets. They will require run- off water to be retained on the site, and they expect to attain zero runoff. There were no comments from the audience. Rosow recommended that Paragraph 3 of the resolution state: "This Resolution is contingent upon and shall not be effective until the resolution of the Xcel Energy objection to the vacation with no cost to the City. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2014-35 vacating the public Drainage and Utility Easements over Lot 1, 2 and 3, Block 1, Topview Acres 3rd Addition, with Paragraph 3 revised as follows: " This Resolution is contingent upon and shall not be effective until the resolution of the Xcel Energy objection to the vacation with no cost to the City." Motion carried 4-0. C. AQUATICS ADDITION TO THE EDEN PRAIRIE COMMUNITY CENTER by City of Eden Prairie. Request for Site Plan Review on 103 acres. Location: 16700 Valley View Road (Resolution No. 2014-36 for Site Plan Review) Getschow said at the last meeting Mr. Lotthammer provided an update and timeline for the Aquatics Center project. The item under consideration tonight is related to the site plan. The City Council will be dealing with the bids received for the project at a subsequent meeting. Lotthammer said this item is a request for site plan review on 103 acres. He noted the Council is very familiar with the project from updates at previous meetings, such as his review of the interior and exterior of the project at the last meeting. This item has been before the Planning Commission, and their recommendation is that the site plan does conform and fits with the type of use that would occur in a park. Fred Koppelman, 18890 Deerfield Trail, asked if the decision has been made to replace or to build a new Aquatics Center. Tyra-Lykens replied the decision has not been made, but plans have been drawn up for the facility. Mr. Koppelman asked about the cost and if it will be a brand new facility. Lotthammer replied the cost estimates are $12,000,000 for Phase 1 and $7,000,000 for Phase 2. Phase 1 of the project will be built on a vacant portion of the property, and Phase 2 will update the current pool. Mr. Koppelman asked if all of the construction will be done without CITY COUNCIL MINUTES March 18, 2014 Page 5 raising taxes. Lotthammer said we have determined this could be done as a tax- neutral bonding scenario. Mr. Koppelman said he understood paying for the new facility would add 15-20 years onto the current assessments. Lotthammer said some of the City's debt is being retired every year. If bonds were to be sold to complete this project, those bonds would take the place of some of the debt being retired,but not to the extent that taxes would go up. Mr. Koppelman said his main concern is that there should be a referendum. Sarah Nelson, 16350 S. Hillcrest Ct, said she is a member of the Community Center and finds it to be a fabulous facility. However, when the Community Center was updated in 2007, the pool was not updated and was left back in the 1980's. The new Aquatics Center addition will offer exercise opportunities for all ages and abilities and will benefit families who can use the facility together. Mark Davis, President of the Foxjet swim club, said there is a lot of support in the community for the new aquatics facility. He and other club members worked tirelessly to include a renovation of the aquatics center when the Community Center was updated in 2007 because the existing pool is not compliant. For the last six-ten months they have worked with City staff to create something that all the residents in the community can use. He asked those in the audience to stand to show their support of the facility. Steve Nelson, 16350 S. Hillcrest Ct., said he was also in support of the new pool. Many people have said we have a wonderful facility at the Community Center and a wonderful City. He encouraged the Council to take one more step and put in a really state-of-the-art aquatics facility. At this point the High School swim team is forced to hold swim meets at the Oak Point pool where there is no room for spectators. Mark Tullemans, 16578 Ashby Lane, said he is on the Board of the Foxjets. He had to take his child to a neighboring community because the pool here is not up to date. He supported the update to the pool so that Eden Prairie can stay in line with neighboring communities. LeAnne Kruger, 8381 Mitchell Rd., said most of her concerns are with the funding of the aquatics center. Although she does not use the pool, she does not disagree the existing pool is not up to date. Her concern was spending $20,000,000 of taxpayers' money without asking them if they want to do that. She asked when the decision about having a referendum will be made. Getschow said in the fall of 2012 the Council had some discussion of a feasibility study for this potential aquatics center. The question of how to fund it and whether there would be a referendum has been discussed for more than a year. At this point we are moving forward with plans and specifications. The Council will have bids in front of them on May 6 and will vote whether to move forward with the project at that time. We would need to bond for construction if the Council approves the bids at that time. Up until that time the Council could direct staff to prepare for a referendum. We have been told there are methods to finance the pool that would not require a referendum. He said it is our understanding the interest rate on the debt would not be any less with or without a referendum. CITY COUNCIL MINUTES March 18, 2014 Page 6 Dan Kitrell, 15731 Summit Drive, said he has been following this for the past year starting with the Town Hall meeting back in April of 2013. Although he has not taken a position for or against the project, he thought a referendum is very important so that every person has an opportunity to vote. He asked if a referendum is required or appropriate, the meaning of "not raising taxes," and the difference between lease revenue bonds and tax abatement bonds. He noted many people think they will get a vote on the project. Lotthammer replied the formula we have suggested is that some of the bonds that have been on the books with the City are being retired and the aquatics center could be funded by bonding in place of those bonds. Some of the debt the City carries is based on having had a referendum, and some is issued by the City without a referendum or vote, so the total debt of the City is a mix of the two. Mr. Kitrell asked if there will be a public hearing on the funding. Rosow said a public hearing is a requirement for tax abatement bonds, but a public hearing may not be required for other forms of financing. David Parckin, 6812 Sugar Hill Circle, said the new aquatic facility will set Eden Prairie apart from other communities, will be a recreational asset for many years, and will create a revenue stream for the City. Sheila Kinne, 11683 Welters Way, said she researched the issue about parks referenda in Eden Prairie. She did not like that this is being framed as an upgrade when it is actually a new aquatics center. She felt that the project is being pushed through, and she asked for the right to vote on it. Ron Hiller, a resident, said many facilities in Eden Prairie are great for the community even if an individual resident may not use all of them. This will be a great selling point for people considering a move to Eden Prairie. He would also like to add funds to upgrade some of the equipment at the Community Center. Nick Remmes, a member of the High School swim team and Team Foxjet, said there has been a huge increase in participants in swimming programs over the past few months. The High School diving team does not feel like they are a part of the swim team because the two teams hold meets in different facilities. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Nelson said it will be important to hear figures from staff as soon as possible because there is generally a 2-3% increase in building materials each year and the prime rate may go up this fall. She did not want to see the proposal put off and would like to hear the cost figures by early May. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2014-36 for site plan review on 103 acres. Motion carried 4-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES March 18, 2014 Page 7 MOTION: Aho moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CHAIR AND VICE-CHAIR OF BOARD OF APPEAL AND EQUALIZATION Getschow said the appointments to the Board of Appeal and Equalization were made in November, but we have yet to approve a Chair and Vice Chair for the Board. MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint Patricia Pidcock—Chair and Lyndon Moquist—Vice-Chair of the 2014 Board of Appeal and Equalization. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution No. 2014-37 Supporting "Wyland Mayor's Challenge for Water Conservation" Tyra-Lukens said this is something we have done for the past few years as a commitment to support water conservation efforts. She said residents can learn more about water resources and energy by signing up for the Mayor's Challenge for Water Conservation from April 1 to April 30, 2014. Getschow noted Eden Prairie came in first or second in our category the first year and in the top ten last year. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-37 supporting the Mayor's Challenge for Water Conservation. Motion carried 4-0. 2. City Manager Review and Compensation Tyra-Lukens said the Council met in closed session at the last meeting to evaluate the performance of the City Manager. The Council reviewed the results of the performance evaluations that were conducted. All of the evaluations were good. The Council believes Mr. Getschow is in the top tier of city managers around the Twin Cities. The proposed increase in his compensation is 4.5%, which is similar to last year's increase. She thanked Mr. Getschow for the caliber of his work. CITY COUNCIL MINUTES March 18, 2014 Page 8 MOTION: Nelson moved, seconded by Butcher Wickstrom, to commend City Manager Getschow on his outstanding performance and to increase his salary by 4.5%. Motion carried 4-0. 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 1. Final Plat of Kaerwer Addition (Resolution No. 2014-38) Ellis said this item works in tandem with the vacation of utility easements heard earlier in the meeting. This proposal is for the plat located at 12800 Gerard Drive. The plat consists of 5.34 acres to be platted into one lot. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2014-38 approving the final plat of Kaerwer Addition. Motion carried 4-0. 2. Riley-Pumatory-Bluff Creek Proposed Rules Ellis said at the last meeting the Council had a discussion of the Riley- Purgatory-Bluff Creek Watershed District's proposed set of rules that will serve as the backbone of its regulatory framework. The watershed district plans to issue permits for activities that would disturb land or water resources. He said City staff has reviewed the proposed rules which are similar to those of the Nine Mile Creek Watershed District; however, a number of areas have become more restrictive. Although staff was very supportive of the proposed rules, they were a little concerned about them being too aggressive in some areas. The overall recommendation of staff is to move forward with rules similar to those of the Nine Mile Creek Watershed District. There would be an advantage to have one set of rules applied to the entire City, and the City's letter commenting on the rules will state that. Tyra-Lukens thought Mr. Ellis made a good point that it is complicating things if we have two different sets of rules within the City. She was concerned that our letter doesn't leave the door open for the watershed districts to get together to change the rules to those of Nine Mile Creek Watershed District. She was also concerned about rules that come in after people have already done something to their property. Nelson was concerned about how much the setbacks overlap on our planning for homes or businesses. She thought our planning is pretty conservation- oriented now. The City has some rights to make our own planning and CITY COUNCIL MINUTES March 18, 2014 Page 9 zoning rules within a structure of other rules. Having a different set of rules within the City creates problems if they are going into our planning and zoning process beyond what it has always been. We have always been concerned about water quality and water resources,but there are concerns now about what happens if things change. Ellis thought the Riley-Purgatory-Bluff Creek Watershed District has been genuine in trying to seek public comment. They are asking for people to comment,but he did not know what their appetite will be to make changes. He thought people don't understand how it will be implemented. They could approve the rules they have proposed without making any of the changes we suggested. Tyra-Lukens asked where people can find the rules if they would like to make comments. Ellis said the proposed rules are on the Riley-Purgatory- Bluff Creek Watershed District's website. The watershed district is hosting a public hearing at 6:30 PM tomorrow night, March 19,here at City Hall in the Council Chamber. Getschow said we have connected people and provided information through the newspaper and the City website. Aho asked what options we have to remedy the situation if we don't see any changes take place after we make the comments. Ellis said he was not sure there is an option. Rosow said there really isn't a city legislative option available. The watershed district is a separate unit of government that is empowered to make rules over their jurisdiction. Nelson suggested staff email representatives of the lake associations within this watershed district to make sure they know about the proposed rules. Getschow said some of the associations we have met with are very aware of the rules, and they have been active in the process. He said staff will follow up to make sure every association and resident is made aware of the rules. 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 Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:18 PM.