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City Council - 05/19/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 19, 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, Community Development Director Janet Jeremiah, 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. Council Members Butcher Wickstrom and Case were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS AWARD PRESENTATION Patricia Fenrick, Community Services Coordinator, reviewed the Human Rights awards categories and introduced members of the Human Rights & Diversity Commission (HRDC)who presented the awards to the recipients. Sandra Filardo, HRDC Chair, presented the Individual Award to Marcela Roos for her work to support the Human Rights Manifesto and to celebrate different cultural values and beliefs of the students and families she works with. Karena Lin, HRDC Student Member, presented the Student Award to Rachelle Johnson and to Kifah Mohamed. Ms Johnson received the award in recognition of her efforts to help individuals with learning differences achieve their full potential. Ms Mohamed received the award for her efforts to build friendship and understanding between Muslim and non-Muslim students. Connie Iacovelli, HRDC Commission Member, presented the Nonprofit Award to Choice Inc. for its work to support adults with intellectual disabilities reach their full potential as citizens in the community. CITY COUNCIL MINUTES May 19, 2015 Page 2 Sana Elassar, HRDC Commission Member, presented the Business Award to Punch Neapolitan Pizza in recognition of their commitment to afford workers a fair wage above the minimum required wage and for the company's efforts to give back to the community. B. DONATION TOWARDS ARTS IN THE PARK(RESOLUTION NO. 2015- 49 Lotthammer said this is a $500 donation from Home Team Remodelers Inc. for the Arts in the Park event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-49 accepting the donation of$500 from Home Team Remodelers Inc. to go towards the Arts in the Park event. Motion carried 3-0. C. DONATION TOWARDS SPOOKY SATURDAY (RESOLUTION NO. 2015-50 Lotthammer said this is a $500 donation from Hultgren, Hoxie & Waki Orthodontics for the Spooky Saturday event. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-50 accepting the donation of$500 from Hultgren, Hoxie & Waki Orthodontics to go towards the Spooky Saturday event. Motion carried 3-0. D. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT Getschow said representatives of the independent auditing firm of Clifton Larson Allen are present at the meeting to give a review of the 2014 audit report and the annual financial report. Doug Host, representing Clifton Larson Allen, said 2014 was the first year his firm has done the audit for Eden Prairie. He commended staff for being very prepared for the audit. He noted his firm issued an unmodified (clean) opinion for the December 31, 2014 financial statements and found no material weaknesses and no significant deficiencies in internal controls. Chris Knopik, representing Clifton Larson Allen, reviewed the City's financial highlights. He noted that revenues were 5.4% over budget and expenditures were 0.5% over budget. There was a $798,000 increase in the General Fund balance for 2014. He reviewed the tax capacity and rates and noted the rates in Eden Prairie are lower than surrounding cities' rates and those of other cities state-wide. The City has a bond rating of Aaa and is one of only 15 cities in Minnesota with such a high rating. He reviewed some issues that will emerge over the next couple of years due to new Governmental Accounting Standards Board statements. CITY COUNCIL MINUTES May 19, 2015 Page 3 Tyra-Lukens thanked them for their presentation and thanked City staff for their hard work and for working closely with the City Council to be sure we have budgets and financial strategies in place. MOTION: Aho moved, seconded by Nelson to accept the 2014 Comprehensive Annual Financial Report (CAFR). Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Aho, to approve the agenda as published. Motion carried 3-0. VL MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 5, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, May 5, 2015, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2015 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 5, 2015, as published. Motion carried 3-0. VIL REPORTS OF ADVISORY BOARDS & COMMISSIONS VIIL CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WAGNER PROPERTY by Pemtom Land Company. Second reading of Ordinance 6-2015-PUD-3-2015 for Planned Unit Development District Review with waivers on 6.5 acres and Zoning District Change from R1-22 to R1-13.5 on 6.5 acres. Location: 10841 & 10861 Blossom Rd. (Ordinance No. 6-2015-PUD- 3-2015 for PUD District Review with waivers and Zoning District Change from R1-22 to R1-13.5) C. APPROVE CHANGE ORDER NO. 1 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS D. ADOPT RESOLUTION NO. 2015-51 APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO. 05638 WITH MNDOT FOR TRAFFIC SIGNALS ON SHADY OAK ROAD AT TRUNK HIGHWAY 212 E. AWARD BASE BID PLUS ALTERNATE B CONTRACT FOR PURGATORY CREEK BANK STABILIZATION TO SUNRAM CONSTRUCTION CITY COUNCIL MINUTES May 19, 2015 Page 4 F. AWARD CONTRACT FOR 2015 SEALCOATING PROJECT TO ALLIED BLACKTOP COMPANY G. AWARD CONTRACT FOR 2015 STREET BITUMINOUS OVERLAY AND RECLAMATION PROJECT TO BITUMINOUS ROADWAYS, INC. H. ADOPT RESOLUTION NO. 2015-52 ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS I. AWARD CONTRACT FOR MILLER PARK PARKING LOT RECONSTRUCTION PROJECT TO BITUMINOUS ROADWAYS INC. J. AWARD CONTRACT FOR OUTDOOR CENTER PARKING LOT RECONSTRUCTION PROJECT TO MINNESOTA ROADWAYS CO. K. APPROVE AGREEMENT WITH EDEN PRAIRIE BASEBALL ASSOCIATION FOR ADVERTISING RIGHTS ON SCOREBOARDS AT ROUND LAKE STADIUM AND MILLER PARK L. APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP FOR DESIGN OF THE KIOSK AT THE RILEY-JACQUES FARMSTEAD M. ADOPT RESOLUTION NO. 2015-53 SUPPORTING WAND CORPORATION'S APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S JOB CREATION FUND N. ADOPT RESOLUTION NO. 2015-54 APPROVING PARTICIPATION IN THE MINNESOTA COUNCIL ON LOCAL RESULTS AND INNOVATION PERFORMANCE MEASUREMENT PROGRAM O. AWARD CONTRACT FOR PURCHASE OF CONCRETE FOR 2015 STREET MAINTENANCE PROJECTS TO CEMSTONE MOTION: Nelson moved, seconded by Aho, to approve Items A-O on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE PLAZA (SALON CONCEPTS)by SCEPRE, LLC. Request for Planned Unit Development District Review on 3.03 acres, Zoning District Review on 3.03 acres and Site Plan Review on 3.03 acres (Ordinance for PUD District Review and Zoning District Review) CITY COUNCIL MINUTES May 19, 2015 Page 5 Getschow said the proposed project is to convert the former Frank's Nursery and Crafts outdoor display area into a 58 space parking lot. The outdoor display area has been vacant since 2007. The property is zoned Regional Service Commercial, and is within the Major Center Area and Town Center area. Consistent with the Major Center Area Plan and Town Center Plans, it is expected that the area will redevelop in the future. The applicant is proposing to remove the western wall of the outdoor display area in order to access the area to be used as a parking lot. A portion of the parking area is intended to be reserved for Salon Concepts employees. Vehicles will access the proposed parking lot through the existing delivery truck entrance for the subject property. The proposed lot will have one way circulation (cars accessing the parking lot through the south entrance and exiting at the north entrance) to reduce potential conflicts between vehicles using the new parking area and those using the truck entrance. Getschow said the following PUD waivers are proposed. The first waiver is to allow 79.9%impervious surface. City Code requires no more than 30% impervious surface in shoreland areas. The impervious surface is an existing condition on the property. The second is a waiver to the requirement for planting islands within parking areas. Instead of the parking islands, three large surface planters will be added along the front pedestrian area to add to the aesthetic quality of the existing parking lot and the pedestrian experience along the front of the building. The Planning Commission voted 6-0 to recommend approval of the project at the April 27, 2015 meeting. Brent Van Lieu, representing Salon Concepts, said Salon Concepts purchased the building in December, 2014. He said Eden Prairie Plaza is two parcels that are somewhat connected. They have a reciprocal parking easement with the Champps/Petco building. He noted Salon Concepts has been very well received, but severe parking problems have occurred because there is no overflow parking available. The new parking area would be restricted to stylists' use and would not be open for client parking. They plan to have directional signage in the new parking area and will add accent lighting and new landscaping features. Tyra-Lukens commented it is a good reuse of land that is just sitting there. She asked if the berm will remain. Mr. Van Lieu said the berm will stay. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to approve First Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Regional Service Commercial Zoning District on 3.03 acres; and to direct staff to prepare a development agreement incorporating Staff and Commission recommendations and Council conditions. Rosow said, after having discussions with Ms Klima and Ms Jeremiah earlier today, there is a general consensus that this is an interim use of property but there is no interim sunset provision included. Because the property is not being CITY COUNCIL MINUTES May 19, 2015 Page 6 developed in conformance with the Guide Plan and waivers are required, he suggested the Council include as a condition to the development agreement that there be a sunset provision that would be subject to renewal by the Council if conditions for redevelopment are not right. Aho asked if there would be a time specified for the provision or if it would be tied to market conditions and redevelopment of the site. Rosow said the time would be developed by staff in discussions with the developer, and whatever time they believe to be appropriate would be included in the development agreement. That time is then subject to extension, based upon market conditions. Getschow noted the provision would be included in the second reading on June 16. Council Members agreed with the proposed condition. VOTE ON THE MOTION: Motion carried 3-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT Getschow said this amendment relates to the Stormwater Management and Erosion Control Ordinance to meet new requirements of the City's Phase II National Pollutant Discharge Elimination System (NPDES) permit program. City Code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency (MPCA) has instituted for issuance of a Stormwater Permit through the State's permitting authority. Leslie Stovring, Environmental Coordinator, gave an overview of the changes. She said April 3, 2014, Eden Prairie's application for coverage under the latest NPDES permit was approved. The NPDES permit includes a number of new requirements, including updating our City Code for management of stormwater post-construction. The amendment to the Code would address the following: • Ensure that the City requirements meet or exceed the standards set in State's Construction Activity Permit under the NPDES /DSD Program. • Incorporate new requirements for volume control and nutrient management for construction sites that disturb one (1) acre or greater. Stovring said the MPCA are trying to close a loophole whereby a developer could accumulate adjoining properties of less than one acre in order to avoid obtaining a stormwater permit and then market the property as one common project. She noted the tree replacement requirements were reorganized. Terminology changes were made, and an expiration date for the permit has been added. Subd. 6 which deals with standards and design criteria for post-construction has been added. There are new requirements for nutrient and volume management, and mitigation requirements for nutrient management. Nelson asked if the stormwater requirements will affect any individual homes that are over one acre. Stovring replied it would affect property of one acre or more if they are making changes or developing the property, but there are some CITY COUNCIL MINUTES May 19, 2015 Page 7 exceptions for single family residential property. Nelson asked if there is anything about an individual taking down trees in the new requirements. Stovring said it is the same as it has always been. They would need to get a permit if they remove more than 10% or more than one tree. Aho asked if staff has an estimate of how much development costs would be impacted by these changes. Stovring said it does have the potential to increase costs because of the mitigation requirements. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve the first reading of an ordinance amending City Code Section 11.55 relating to Land Alteration, Tree Preservation and Stormwater Management. Motion carried 3-0. 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, Nelson and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES May 19, 2015 Page 8 Tyra-Lukens said she wanted to mention the recent passing of a life-long resident of Eden Prairie, Marie Wittenberg. Ms Wittenberg was a very active community leader and wrote several books about Eden Prairie. She will be missed. XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 7:52 PM.