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City Council - 09/01/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 1, 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, Finance Director Sue Kotchevar, 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. ACCEPT DONATION FROM TEAM FOXJETS FOR AQUATICS EXPANSION PROJECT (RESOLUTION NO. 2015-84) Lotthammer said Team Foxjet has pledged a total of$500,000 towards the construction of the aquatics expansion. Tonight's donation of$100,000 is the first installment and is coming from Team Foxjet and other groups. The donations are a result of purchasing tiles that are displayed on the tile mural and naming rights for portions of the building. He noted staff believes the group's fundraising efforts are going well. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-84 accepting the donation from Team Foxj et toward the aquatics expansion project. Motion carried 5-0. B. ACCEPT DONATION ON BEHALF OF SYDNEY GALLEGER MEMORIAL POOL FUNDRAISING EFFORT AND ENTER INTO NAMING RIGHTS AGREEMENT (RESOLUTION NO. 2015-85) CITY COUNCIL MINUTES September 1, 2015 Page 2 Lotthammer said Sydney Galleger was active on the diving team, but, sadly, she passed away not long ago. Staff was approached by her family members and friends and members of the Sydney Galleger Memorial Pool fundraising effort with a proposal to name the dive pool after Sydney. This contribution would go towards the $500,000 committed by Team FoxJets. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2015-85 to accept a donation of$75,000 on behalf of the Sydney Galleger Memorial Pool fundraising effort and to enter into a naming rights agreement. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 18, 2015 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, August 18, 2015, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 18, 2015 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 18, 2015, as published. Motion carried 5-0. VIL REPORTS OF ADVISORY BOARDS & COMMISSIONS VIIL CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT FOR REPLACEMENT OF HOCKEY RINK AT NESBITT PRESERVE PARK TO FINLEY BROS, INC. MOTION: Case moved, seconded by Nelson, to approve Items A and B on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. TOWNPLACE SUITES by Alliant Engineering. Request for Planned Unit Development Concept Review on 1.87 acres; Planned Unit Development District Review with waivers on 1.87 acres; Zoning District Amendment within the Commercial —Regional — Services District on 1.87 acres and Site Plan Review on CITY COUNCIL MINUTES September 1, 2015 Page 3 1.87 acres. Location: 11588 Leona Road. (Resolution No. 2015-86 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the proposed project is a 300 square foot building expansion to add a breakfast room to provide continental breakfasts to guests at the TownePlace Suites. The building materials proposed for the addition exceed City Code requirements, and the proponent is adding bicycle parking options to the site. Because City Code requires a base area ratio (BAR) of up to 0.20 and the building addition increases the BAR for this site to 0.21, a waiver is requested. The expansion is not adding guest rooms so there are no additional parking requirements. The Planning Commission voted 7-0 to recommend approval o the project at the August 10, 2015 meeting. John Ferrier, representing CSM Properties, reviewed the proposal. He said their corporate property improvement plans require the addition of a breakfast area at TownePlace Suites. He believed the addition fits with their concept for the building. Tyra-Lukens commented it is a nice addition and is an improvement to the facility. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-86 for Planned Unit Development Concept Review on 1.87 acres; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Commercial Regional Service Zoning District on 1.87 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO SIGNS Getschow said at the Council Workshop earlier this evening the Council was briefed on what may need to be some substantial changes to the sign ordinance because of a recent U.S. Supreme Court decision. This proposed ordinance change, however, is a proposal for minor changes to the sign regulations including the following: • Proposed language to include a definition for Entry Monument Signs. This is compatible with the entry monument sign initiative. • A maximum square footage of 300 square feet per tenant for wall signs within Commercial zoning districts. Currently there is no maximum for multi-tenant buildings; however there is a maximum of 300 square feet for single tenant buildings. • Language is revised to reference "rentable space" instead of the current language of"accessory use." This will provide clarification in the Industrial and Office zoning districts. CITY COUNCIL MINUTES September 1, 2015 Page 4 • Free standing sign width is proposed to increase from 18 inches to 30 inches. This will allow more flexibility for decorative free standing signs that incorporate stone or brick. Tyra-Lukens asked about the increase from 18 inches to 30 inches for free standing signs. Jeremiah said this refers to a two-sided sign and addresses the depth of the sign rather than the width of the face. This would allow for V-shaped signs to incorporate brick or stone and puts a limit on the depth of the sign. Tyra-Lukens was concerned about the increase in maximum square footage to 300 square feet per tenant. She noted that is the size of the breakfast addition approved in the previous item and it seems like a large increase. Jeremiah said this is creating a maximum that doesn't exist now. Every tenant can have signage based on the size of their store front. This change is creating a maximum footage, but it is proportional to the size of the building. Nelson noted if the maximum were applied to tenants in a strip mall, it would be very busy, so she had read the provision as 300 total square feet, not per tenant. Jeremiah replied there is a maximum of 15% of the wall area of that wall where the tenant is located; however, there is the potential that a large tenant space would get them over the 300 foot limit. Nelson asked if the 15%limit would top the 300 foot limit. Jeremiah said for small spaces the 15%limit would come into play before the 300 foot limit. Tyra-Lukens thought we had already set a maximum square footage per tenant. Jeremiah replied there is a maximum for single tenant buildings, but there was no final maximum for each tenant of a multi-tenant building. Currently, a building with a wall area in excess of 500 square feet could potentially have a sign larger than 300 square feet and we are now capping the signage to 300 square feet. She noted we have different regulations for wall signs and free standing signs. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to approve 1 st Reading of the Ordinance amendment to City Code Chapter 11, Section 11.70 relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, 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." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES September 1, 2015 Page 5 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Community Services Update Getschow said this update is being provided in response to a request regarding community services that are being provided specifically to the Somali community. Molly Koivumaki, Community Services Manager, said we have seen positive trending, especially in our Somali community services. There are two different sources for funding for Human Services programs: CDBG funds which generally provide about$50,000 per year; and the General Fund which is a two-year budget cycle that starts in late spring. Staff receives funding proposals and reviews them before making funding recommendations to the City Council each year. Koivumaki reviewed the direct program services which included a Police Liaison to the Somali community; a $25,000 per year part-time position as Somali Liaison; and the $6,000 per year YMCA summer program at Briar Hill. In addition there are other funded programs that are not just for the Somali community: the Early Childhood Family Education program; tenant advocacy service through the Homeline program, and the YMCA youth leadership and camps programs. She reviewed the services provided by the part-time Somali Liaison who provides assistance with navigating the complexity of the systems for funding programs. She reviewed other ongoing opportunities, such as the Somali mothers' meetings and the annual teen summer job fair. She noted they are starting to get questions from the Somali community about how to access college financial services. Case said his initial request was prompted by all the news about terror recruitment around the country and his concern about how we best inculcate our cultural values into people that are new to our community. He believed that government money should be viewed as seed dollars to incentivize cultural acclimation and to help our community as a whole to be better and safer. His initial concern had to do in particular with what we are doing with programs for Somali students in Junior and Senior High School to direct some of the cultural pieces and also what programs are out there that we could be funding that would make better use of our money. He wanted to continue the conversation as we look at the few dollars we spend to see if we are getting as much value as we could and if there are places we might get even more value. He would like to see data that would confirm where we have put our dollars and the return we have seen on the funding we have CITY COUNCIL MINUTES September 1, 2015 Page 6 spent. He suggested we get a report back in six months time, with particular emphasis on the programs for Junior and Senior High School students. B. REPORT OF CITY MANAGER 1. Adopt Resolution No. 2015-87 Certifying Proposed 2016 Property Tax Levy,Accepting Proposed Budget for 2016, and Consenting and Approving 2016 HRA Levy Getschow said at the HRA meeting we set a preliminary budget and levy, and the Council must approve that levy tonight. In addition staff is asking the council to approve the overall City budget for 2016. We conduct a two- year budget process, and we began to compile and process 2016 and 2017 at the beginning of 2015. The Council packet contained a summary of some of that information as it relates to the two-year budget process. He noted the action tonight is to set a preliminary budget and levy. The proposed levy amount could be lowered before the final tax levy and budget is approved in December, but it could not be increased. At this point the Council and staff are in the midst of the process and have spent time at workshops discussing survey results, service levels, and department work plans as we assessed what type of service levels our residents are expecting. There were several goals set through the summer months related to maintaining service levels or enhancing them. We also want to continue to look for efficiencies and innovations in the service delivery. We want to maintain or implement our goals in a way that provides value to our residents and taxpayers. Getschow said the proposed levy tonight includes a 2.9%increase from the prior year. That is one of the lowest preliminary levies we have seen in any of the surrounding communities. At this point we know a little bit of the impact the levy would have. A median value home would see an increase in the tax of about$6.00 per year, and we are projecting a decrease in the tax on commercial property. During September and October we will receive feedback on the preliminary budget levy before a public hearing is held at the December Council meeting to adopt the final budget levy. Nelson asked if this amount includes a raise for City employees so that we maintain our good people. Getschow said for 2016 and 2017 we have proposed a 2.5%base wage increase. Nelson asked if it covers inflation for materials, energy and other items. Getschow replied each line item in the budget is considered separately as it relates to inflation. We have seen some energy savings because of the initiatives taken for energy efficiencies. Nelson asked if the fiscal disparities we are required to pay are covered. Getschow replied that contribution is covered. Nelson said she appreciated the staff efficiencies and innovations made while still maintaining our level of services. Case noted on Page 8 the budget increase is stated as 3.5%. Getschow replied the total levy has a 2.9%increase, the General Fund budget increase CITY COUNCIL MINUTES September 1, 2015 Page 7 is 3.9%, and the total budget increase is 3.5%. Case noted our levy only brings in about 75% of the dollars we spend. Tyra-Lukens said we are being asked to certify a property tax levy of about $34.5 million and a budget of almost$46 million, but we get additional money from intergovernmental aid and other sources. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2015- 87 that certifies the proposed 2016 property tax levy to be $34,660,874, sets December 1, 2015, as the meeting which will include discussion of the budget and provide for public comment, accepts the proposed 2016 budget of$45,877,812; and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. 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 XVL ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:56 P.M.