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City Council - 03/31/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 31, 2015 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, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF TERRY PICHA FOR MINNESOTA COMMUNITY FORESTRY OUTSTANDING VOLUNTEER SERVICE AWARD Lotthammer said Terry Picha was awarded the 2015 Outstanding Volunteer Service Award on March 17 by the Minnesota Society of Arboriculture. Each year awards are given out to recognize the special efforts of cities, industry and individuals for their commitment to promoting trees and arboriculture within the state. Mr. Picha was nominated for the award by City staff in the Parks and Recreation Department for his volunteer efforts in caring for native trees in the Birch Island Woods Conservation Area. Mayor Tyra-Lukens presented the award to Mr. Picha. Mr. Picha thanked City staff for the recognition. B. DONATION OF TRAILER FOR EDEN PRAIRIE PLAYERS AND EDEN PRAIRIE COMMUNITY BAND (Resolution No. 2015-34) Lotthammer said the Eden Prairie Lions Club is donating $2,000 towards the purchase of a trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater program. He thanked both the Lions Club and the Lioness CITY COUNCIL MINUTES March 31, 2015 Page 2 Club for their donations towards the purchase of the trailer. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-34 accepting the donation in the amount of$2,000 from the Eden Prairie Lions Club for the purchase of a 6x 12 trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. Motion carried 5-0. C. DONATION OF PICKLEBALL NETS (Resolution No. 2015-35) Lotthammer said Jerry Maas, an Eden Prairie resident, donated six pickleball nets valued at$240.00 to be used at the Pioneer Park Tennis/Pickleball Courts. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-35 accepting the donation of six pickleball nets from Eden Prairie resident, Jerry Maas, at an approximate value of$240 to be used at Pioneer Park Tennis/ Pickleball Courts. Motion carried 5-0. Tyra-Lukens noted donations such as these help make the community a wonderful place. D. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read the proclamation proclaiming May 2, 2015, as Arbor Day in the City of Eden Prairie. Tyra-Lukens asked how many years we have participated in Arbor Day in Eden Prairie. Lotthammer replied it is 33 years. E. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 19-25, 2015, as EP Gives Week. Mark Weber, Executive Director of the Eden Prairie Community Foundation, thanked the Mayor for the proclamation. He said the proclamation will give attention to groups that have given back to the community and that have inspired others to do so. The Foundation's annual gala will be held on April 25 to honor philanthropy and the newest grantees. F. MINNESOTA SAFE DIGGING MONTH PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April, 2015, as Safe Digging Month in Minnesota. A representative from CenterPoint Energy accepted the proclamation. He said the proclamation recognizes the Gopher State One Call program which provides one phone number to call to request utility line locations at an intended dig site. CITY COUNCIL MINUTES March 31, 2015 Page 3 G. COMMUNITY SURVEY RESULTS Tyra-Lukens introduced Dr. Tom Miller, President of the National Research Center and coordinator of the survey. Dr. Miller gave a PowerPoint presentation showing the results of the Community Survey his firm completed for the City of Eden Prairie. He said 1200 residents were invited by mail to participate in the survey in November 2014. A total of 27% of those invited to participate responded, and the results showed very strong ratings for the City, with 95% of the respondents giving an overall quality of life score of excellent or good. He noted the rating for quality of service was higher than that of other communities that performed similar surveys. Traffic speeding was mentioned the most often in the list of problems. Residents said they felt safe in the community and they appreciated the natural environment and outdoor amenities in the City. Tyra-Lukens said the Council had an opportunity to hear the survey results at the workshop before tonight's meeting. She expressed surprise at the number of people who still feel that traffic signal timing is a problem in light of some improvements we have made since the last survey, such as the left turn on flashing yellow signal modifications. She thanked Dr. Miller and those who participated in the survey. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.K. should be added to the Consent Calendar. Tyra-Lukens added Item XIV.A.2. Case added Item XIV.A.3. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2015 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, March 3, 2015, as published. Motion carried 4-0-1, with Butcher Wickstrom abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, March 3, 2015, as published. Motion carried 4-0-1, with Butcher Wickstrom abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES March 31, 2015 Page 4 A. CLERK'S LICENSE LIST B. O'REILLY AUTO PARTS STORE by C.M. Architecture, P.A. Second reading of Ordinance 3-2015-PUD-2-2015 for Planned Unit Development Review with waivers on .83 acres and Zoning District Review in the C-Com Zoning District on .83 acres. Location: 8868 Aztec Drive. (Ordinance No. 3-2015-PUD- 2-2015 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2015-36 for Site Plan Review) C. APPROVE PURCHASE OF NG-911 PHONE DISPATCH SYSTEM FROM INDEPENDENT EMERGENCY SERVICES LLC D. AWARD THE CONTRACT FOR RECONFIGURATION OF ELECTRICAL SWITCHGEAR AND CONNECTION OF STANDBY GENERATOR FOR THE CITY CENTER BUILDING TO PRAIRIE ELECTRIC E. APPROVE CONTRACT WITH REPUBLIC SERVICES FOR ANNUAL CITY DROP OFF DAY F. ADOPT RESOLUTION NO. 2015-37 AWARDING CONTRACT FOR PIONEER TRAIL LANDSCAPE PROJECT TO AUTUMN RIDGE LANDSCAPING G. APPROVE PURCHASE OF NEW SIGN MAINTENANCE SERVICE TRUCK H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTENANCE OF RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE CONTRACT FOR PURCHASE AND INSTALLATION OF CAT 6 CABLE FOR CARD ACCESS AND IP CAMERA FOR THE COMMUNITY CENTER AQUATICS UPGRADE PROJECT J. APPROVE AGREEMENT OF WAIVER AND CONSENT TO EXERCISE A FIRST OPTION TERM FOR LEASE WITH LIGHTHOUSE DAYCARE FOR CITY OWNED PROPERTY LOCATED AT 8098 GLEN LANE K. APPROVE COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A- K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. WAGNER PROPERTY by Pemtom Land Company. Request for Planned Unit CITY COUNCIL MINUTES March 31, 2015 Page 5 Development Concept Review on 6.5 acres; Planned Unit Development District Review with waivers on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres and Preliminary Plat of 6.5 acres into 12 lots and road right of way on 6.5 acres. Location: 10841 & 10861 Blossom Road. (Resolution No. 2015-38 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5; Resolution No. 2015-39 for Preliminary Plat) Getschow said this development proposes the creation of twelve single family lots. The gross density of the project is 1.85 units per acre. Waivers from the minimum lot width at the Right of Way line are being requested for six of the twelve lots. Granting of the waivers provides for a subdivision design that utilizes through street connections and eliminates the use of cul-de-sacs. The Planning Commission voted 6-0 to recommend approval of the project at the February 23, 2013 meeting. Dan Blake, representing Pemtom Land Company, was available for questions. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-38 for Planned Unit Development Concept Review on 6.5 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1- 22 to R1-13.5 on 6.5 acres; to adopt Resolution No. 2015-39 for Preliminary Plat on 6.5 acres into 12 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case asked about the reason for changing the zoning from R1-22 to R1-13.5. Julie Klima responded the surrounding properties are zoned R1-13.5, so it allows for continuation of the neighborhood design. Case noted some years back, when the townhome development to the east was built, some of this land was taken for a NURP pond and asked if the pond can also handle this development. Ellis said it can. VOTE ON THE MOTION: Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60 RELATING TO THE USE OF LAKE WATERS (NO WAKE) Getschow said this amendment would adopt Slow-No Wake guidelines and procedures for three local lakes, Riley, Staring and Bryant. Under Minnesota rules cities are given the authority to adopt ordinances that regulate watercraft speeds on lakes within its jurisdiction. The City is proposing to adopt rules establishing maximum watercraft speed limits that are based upon specific lake water elevations. An ordinance adopting speed regulations shall provide for their enforcement and prescribe penalties for noncompliance. The ordinance would CITY COUNCIL MINUTES March 31, 2015 Page 6 allow procedures to go into place when a particular lake water elevation is reached and includes communication and other mechanisms when that occurs. He noted two comments have come up related to this ordinance. One was a request from Chanhassen to use the 100-year flood elevation to trigger placing the speed restrictions on Riley Lake. Staff agreed with that request. Another was a request from a resident that float planes be exempt on one of the lakes. He noted that following first reading we would need to submit the proposed ordinance and any comments from the public hearing to the DNR for their review and approval. Tyra-Lukens noted the ordinance reflects the change to the 100-foot level for Riley Lake but does not reflect the request regarding float planes. She asked if float planes would be considered a water craft. Getschow said he thought a float plane would be considered a water craft, and the City Attorney is drafting an amendment to deal with that request. Ellis noted the term water craft would apply to any form of transportation on the water. There is not a lot of float plane traffic and that traffic would take place in the middle of the lake for takeoff or landing. The planes would be using a very slow speed when taxiing to shore. He noted Chanhassen would also have to agree with the ordinance. Case said he had a concern about having float planes on busy lakes but he was not sure we have regulatory power over them. Ellis said staff would have to do some research about that as there may be a number of agencies involved in that power. Case noted we can control motors and motor sizes but boat traffic is not decreasing on the lakes. He thought it seems ludicrous to allow a plane to land with increased boat traffic on the lakes. Aho said he did not think it is a problem as there are so few times the float planes take off and land. He has had no bad experience with the float plane on Bryant Lake and was glad to see this coming forward as a proposed ordinance. He felt it will ease the concerns of people who live on the lakes about this type of events. Tyra-Lukens asked what the procedure would be when a lake hits the high water mark. Ellis said we partner very well with residents to keep track of levels, and we receive many phone calls when elevations rise. We will monitor that with the homeowners. The ban would go in place when it hits the 100-year flood mark or the ordinary high water level. We would put up notices at the landings, and it would be published in the newspaper. Once the ban is in place it would stay in effect until the water level stayed below the 100-foot level for a period of three consecutive days, a restriction the DNR has placed on all such water restrictions. Aho said he was surprised to hear about the three-day waiting period because on the St. Croix River the ban is automatically lifted when the water goes down below the high level mark. Ellis believed the DNR wants to have three consecutive days to make sure it doesn't come back up right away if there is more rain,but we might want to pursue this with the DNR. CITY COUNCIL MINUTES March 31, 2015 Page 7 Steve Williams, 9291 Kiowa Trail, Chanhassen, said he agreed with going to the 100-year high water mark. His experience in last year's ban was that on July 2 or 3 the water went below the high-water mark but the restrictions were left in place until July 6 which was after the July Fourth holiday. During that time the weather forecast was for sunny skies and no chance of rain. He said Public Works Director Ellis shared his cell phone number to his staff on July 3, and he called Mr. Ellis to complain about the length of time before the ban was lifted. Mr. Ellis made the decision to release the ban for the July 4th weekend, thereby saving the holiday for residents who use Eden Prairie lakes for boating. He said he appreciated it when government shows common sense in regard to the rules. Bob Adomaitis, 9503 Highview Drive, said he has experienced numerous events of high water and the damage it causes on Riley Lake. He strongly supported the ordinance and asked that some provision regarding signage be made so that the temporary No-Wake signs are placed close to the boat launch. Last year there were a number of people who said they did not see the signs that were posted on the notice board. Perry Forester, 9505 Highview Drive, said Riley Lake is the recipient of water from other lakes up stream. There are sound reasons for the three-day delay so that water coming down from the upper lakes can flush through the creek system. Dave Stein, 6741 Beach Road, said he fully supported this effort to have a no- wake restriction because of the damage it does to the shoreline and the docks. He also expressed concern about the noise level on the lakes caused by wake boarders playing their radios which disturbs the residents on the lake. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Section 9.60 relating to the use of lake waters. Motion carried 5-0. Tyra-Lukens asked if boat traffic is subject to the noise ordinance. Rosow replied he will check on that and get back to the Council. C. RESOLUTION NO. 2015-40 APPROVING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT ACTION FOR 19184 KRISTIE LANE Getschow said the neighbors around the property at 19184 Kristie Lane and the City have expressed concern with the condition of the property at that location. The City Council declared the property a nuisance situation and sought an order from the Court ordering the mortgage and record owners to abate the nuisances that existed on the Property, or allow the City to enter the Property, abate the nuisances, and assess the Property for the City's costs related to the same. The City incurred costs for nuisance abatement in the amount of$13,057.00 through February 4, 2015. The action tonight is to hold a public hearing to approve the special assessment for costs to date. CITY COUNCIL MINUTES March 31, 2015 Page 8 Nelson said she was hoping to hear of progress being made in this situation because it seems as if it has been going on forever. Rosow replied we have been working since the City Council passed the resolution declaring the property a nuisance and ordering the abatement. Nothing has happened since that time and we had to wait for the statutory process. There were some minor exterior items taken care of in September, 2014. We filed a declaratory judgment action and requested for mandatory injunctive relief in October. The court granted 60 days to comply,but nothing happened. We then brought a motion for default judgment against the bank. A hearing was set for January, and the day before the hearing the bank's attorney called Mr. Rosow's office to announce an appearance in the case. The court granted the order and the summary judgment and ordered them to do the work within 60 days. The court was not pleased that the bank had not responded until the very last day. Several days later Mr. Gregerson from Mr. Rosow's office requested a meeting with the bank. The meeting took place on approximately March 6, and Building Inspector Schmeig met with them on site to go over what was needed. Several important investigations and reports needed to be done to make the house habitable. Mold and electrical inspections have been completed and we are waiting for the reports. Mr. Rosow said he considered asking the court to hold them in contempt of the order,but decided the cost of that to the City would not be worth it. The action tonight is to make sure the assessment is levied against the property before it is sold by the bank. Aho said there hasn't been a lot of progress in repairing the home, and we are looking at our ordinances relating to the outside of the house. In terms of the interior, reference was made to remediating the mold and the electrical system, but he asked about the other aspects of the habitability of the home. Rosow said by virtue of having our motion of summary judgment granted, the court has declared the property is hazardous and a nuisance, so the property owner is no longer in control of doing repairs at their own pleasure. If the bank does not take care of the property to our satisfaction, then we will continue to ask the court for further orders to make them perform and make it a habitable house. We can now go back before the court if necessary. Case said he understood there is an expense to the City in the short term,but he thought it is the right thing if only because we are taking a stand for the future. He asked about the worst case scenario. Rosow replied it would be the worst case that they refused to do anything and we asked the court for relief to tear it down. We would then evaluate what it would cost us to make the repairs, and would have a discussion with the City Council as to whether we should tear it down or sell it. He noted he would be surprised if we were not able to get all our costs back. Nelson asked the name of the bank involved. Rosow said it is Green Tree. Nelson asked if we would have to go through the court system every time there is a home with exterior maintenance issues. Rosow said we have an exterior maintenance code and can use those remedies. The problem here was that the owners abandoned the property and moved out of state, so there was nobody for the Building Department to have a conversation with or to hold responsible. In a normal situation CITY COUNCIL MINUTES March 31, 2015 Page 9 a property owner is there so we can get their attention and work with them. We have tools and resources to get the house back into good condition. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2015-40 approving the Special Assessment for Nuisance Abatement Action for 19184 Kristie Lane. Motion carried 5-0. Case asked if we are looking at a similar action on the abandoned property next to the Wagner property that was approved for development earlier tonight. Getschow said we are looking at that, and it is currently a question of exterior code maintenance. Case said he would encourage us to move similarly with that property because these are the only two abandoned properties that are a nuisance and a danger. Tyra-Lukens noted the whole issue has been very frustrating for the Council, staff, and the neighbors. She asked if we will be communicating with the neighbors about this property. Getschow said we are communicating with them on a very regular basis. D. RESOLUTION NO. 2015-41 APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 16 AND AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT Getschow said we had two public hearings in January for extensions of TIF districts. The item for TIF District 16 was continued to this evening because the City and the developer were fine tuning the development. The issue here is extending the life of the district from 15 to 25 years to continue the 140 units of affordable housing that were part of the original agreement. We had a procedure to set up the districts for 15 years, evaluate them, and then look at extending the agreement to 25 years. We will get credit from the Metropolitan Council for preserving the affordable housing units. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-41 approving Modified Tax Increment Financing Plan, District No. 16, Amendment No. 4 to Project Management Agreement, and Second Amendment to Community Development Block Grant Loan Documents. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, 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 31, 2015 Page 10 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Challenge for Water Conservation (Resolution No. 2015-42) Tyra-Lukens asked for a resolution of support for the Mayor's Challenge for Water Conservation. She asked residents to respond to the Weiland Company challenge survey on the website from April 1-30 to score points for the City of Eden Prairie. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-42 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. Nelson noted someone who signed up for the previous years' challenges can sign up to show they plan to continue to conserve water. 2. Arts in the Park--Mayor Tyra-Lukens Tyra-Lukens said the Arts in the Park Event is scheduled for Saturday, May 16 and is a great event for all ages. They need to have artists participate in the event. Information and application forms are on the website and are due by April 10. There will be entertainment for kids and food vendors at the event in addition to the art. 3. Increase in Oil Tanker Rail Traffic--Council Member Case Case said he received a call from a resident expressing concern about the great increase in oil tanker cars and the length of them as they go through the City. He was not sure a lot of people understand the extent of the change in that traffic over the last few years. He said Glen Johnson, who is present at the meeting tonight and is experienced in this sort of situation, was the one who brought it to his attention. He suggested we get a report back from staff about the role and responsibilities of cities in increased rail traffic and what things the City might pro-actively do to make it safer. The other Council Members concurred. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES March 31, 2015 Page 11 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 At this point the City Council moved to closed session to discuss the City Manager's performance review. XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW XVII. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:25 PM.