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City Council - 11/17/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 17, 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. All Council Members were present. Members of Cub Scout Troop 348 and Boy Scout Troop 695 presented the colors. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. AQUATICS PROJECT NAMING RIGHTS AGREEMENT (Resolution No. 2015-101 Lotthammer said the donation of$25,000 from Mark and Patricia Davis is in exchange for naming rights of a starting block, the dryland training room and the multi-purpose room. This donation counts towards the $500,000 pledged by Team Foxjet for the project. He noted the Davises are long-time supporters of Team Foxjet, and Mr. Davis spent time helping with the design and build of the pool project. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2015-101 accepting the donation from Mark and Patricia Davis and to authorize entering into a naming rights agreement relating to the aquatics expansion project. Motion carried 5-0. B. SENIOR COMMUNITY SERVICES KEY COMMUNITIES PARTNER AWARD CITY COUNCIL MINUTES November 17, 2015 Page 2 Lotthammer said the City of Eden Prairie and the Senior Center received the 2015 Key Communities Partner Award from Senior Community Services. The City partners with Senior Community Services in many areas including the Senior Center and Housing and Community Services to provide resources, education, assistance and support to our community members. The Eden Prairie Senior Center provides office space and coordination with a Senior Community Services social worker who assists Eden Prairie's older residents and their families in accessing the most appropriate and affordable combination of services that help them stay in the community for as long as possible. Other areas of partnership include one-on-one Medicare health insurance counseling services, the HOME program, and Senior Outreach and Caregiver Services. Tyra-Lukens displayed the award received and asked what areas the Senior Community Services covers. Lotthammer replied they are a non-profit service that covers Hennepin County and helps seniors with housing and legal issues, extended care, counseling and other needs. Tyra-Lukens noted they do wonderful work. She commented it has proved very helpful to have had the task force of seniors and Council Members who looked into senior issues twenty years ago. C. SPOOKY SATURDAY DONATIONS (Resolution No. 2015-102) Lotthammer said these donations to the Community Center came from Once Upon a Child and Frattallone's Ace Hardware to go towards the annual Spooky Saturday event. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2015-102 accepting the donations in the amount of$300 from Once Upon a Child, and $150 from Frattallone's Ace Hardware to go towards the Spooky Saturday event at the Eden Prairie Community Center. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIILD should be removed from the Consent Calendar and the goldenrod sheet has additional contingencies for the development agreement for Item VIILC. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2015 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 20, 2015, as published. Motion carried 4-0-1,with Nelson abstaining. CITY COUNCIL MINUTES November 17, 2015 Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2015 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 20, 2015, as published. Motion carried 4-0-1,with Nelson abstaining. VIL REPORTS OF ADVISORY BOARDS & COMMISSIONS VIIL CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MILLER REZONING by David and Karen Miller. Second reading of Ordinance 3-2015 for Zoning District change from Rural to R1-13.5 on 1.32 acres. Location: 7555 W 192nd Ave. (Ordinance No. 13-2015 for Zoning District Change) C. EDEN PRAIRIE RETAIL by EP Equities. Second reading of Ordinance 14- 2015-PUD-7-2015 for Planned Unit District review with waivers on 0.8 acres; Zoning District amendment within the Commercial Regional Services District on 0.8 acres. Location: 590 Prairie Center Drive. (Ordinance No. 14-2015-PUD-7- 2015 for PUD District Review and Zoning District Change; Resolution No. 2015-103 for Site Plan Review) D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD)AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE E. APPROVE SECOND READING OF ORDINANCE NO. 16-2015 AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING AND ADOPT RESOLUTION NO. 2015- 105APPROVING PUBLICATION OF SUMMARY ORDINANCE F. APPROVE SECOND READING OF ORDINANCE NO. 17-2015 AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING G. APPROVE SECOND READING OF ORDINANCE NO. 18-2015 AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING AND ADOPT RESOLUTION NO. 2015-106 APPROVING PUBLICATION OF SUMMARY ORDINANCE H. APPROVE SECOND READING OF ORDINANCE NO. 15-2015 AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS AND ADOPT RESOLUTION NO. 2015-107 APPROVING PUBLICATION OF SUMMARY ORDINANCE CITY COUNCIL MINUTES November 17, 2015 Page 4 I. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION J. ADOPT RESOLUTION NO. 2015-108 APPROVING ACQUISITION OF HERITAGE VILLAGE OUTLOT A K. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 3 SLEEPING QUARTERS TO DIVERSIFIED CONSTRUCTION L. ADOPT RESOLUTION NO. 2015-109 APPROVING AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN PORT AUTHORITY OF CITY OF ST. PAUL AND CITY OF EDEN PRAIRIE TO IMPLEMENT MINNESOTA PROPERTY ASSESSED CLEAN ENERGY PROGRAM (MN PACE) M. AWARD CONTRACT FOR GARDEN ROOM FOOD VENDING SERVICES TO TAHER BUSINESS DINING N. AWARD CONTRACT FOR GARDEN ROOM FOOD CATERING SERVICES TO MINTAHOE CATERING AND EVENTS O. APPROVE CONTRACT WITH AVI SYSTEMS, INC. FOR COUNCIL CHAMBERS AUDIOVISUAL EQUIPMENT UPGRADES P. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL Q. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT R. DECLARE ABANDONED PROPERTY S. AUTHORIZE PURCHASE OF EIGHT TREADMILLS FROM LIFE FITENESS FOR THE COMMUNITY CENTER MOTION: Case moved, seconded by Nelson, to approve Items A-C, and E-S on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE FOR DESIGNATION OF THE DORENKEMPER HOUSE AS A HERITAGE SITE Getschow said Eden Prairie has a history of designating sites for local heritage designation. As part of a Certified Local Government(CLG), the City of Eden Prairie and the local Historic Preservation Commission (UPC) have certain responsibilities to fulfill. This is a public hearing to designate the Dorenkemper House as a Heritage Preservation Site. In a letter dated October 14, 2015, the Minnesota Historical Society Heritage Preservation Department concurs with the HPC's recommendation to so designate the Dorenkemper House. The UPC voted 6-0 to recommend approval of the designation at their October 19, 2015 meeting. CITY COUNCIL MINUTES November 17, 2015 Page 5 Tara Kalar, a member of the UPC, gave a PowerPoint presentation on the designation of the Dorenkemper House as a historic preservation site. City ordinance 5-2010 sets forth the criteria for designating a heritage site. The house was built as a log house that was later covered with clapboard siding. She reviewed the location and boundaries of the property. She noted the house was successfully moved from the original location to the Riley-Jacques farm site in 2002. The house was restored in 2006 to represent a 19th century farm dwelling and is in excellent condition. Butcher Wickstrom commented the report on the property was extremely well done, as was the explanation of why the house was removed and relocated to the current spot. She said it speaks to the flexibility of the National Preservation Act that we are able to preserve such important local sites as this even though it is not located on the original site. She thanked the UPC for all the work they did on this project. Aho said he has gone through the house, and it is a very nice property. He noted when he went through it there was some work being done and asked if that has been completed. Ms Kalar was not aware of any on-going construction; however, there were some shades that needed to be placed in the windows. Aho understood it is more difficult to do renovation once a site becomes a preservation site and asked if there is any additional work required. Ms Kalar said designating it as a local historical site would open it up for funding for such work. Case noted local designation does not restrict in ways that a national listing would. This designation represents a value that we, as a community, are placing on it. Butcher Wickstrom said we do not have to go through the State Historic Preservation Office (SHPO) because we are a certified local government and we are able to go through different levels of local designation. Ms Kalar said if there were to be alterations in the future, they would be given a Certificate of Appropriateness (COA) and would go through the Planning Department and the UPC. Nelson thought this designation is particularly appropriate. She thanked the Dorenkemper family for their donation and noted they have been working very hard to turn this into a faithful rendition of the home as it was. Case noted we still have three log cabins within our City borders, two of which are still in private hands. He gave a call out to Dan Herbst who was the developer of the property where the house was originally located and who volunteered above and beyond to have it preserved for the people of Eden Prairie. He reviewed the history of the Dorenkemper family. Butcher Wickstrom noted there was a question about getting some window protection. Ms Kalar said they are working on the window shades. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt first reading of an ordinance to designate the Dorenkemper House as a Heritage Preservation Site. Motion carried 5-0. CITY COUNCIL MINUTES November 17, 2015 Page 6 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION OF PROPERTY Getschow said this is an amendment to City Code Chapter 12 relating to the subdivision of property. There have been a few instances in our community where someone wanted to combine two parcels into one or subdivide one parcel into two. Staff looked at the City Code to see if we could streamline the process for small size parcels of minor significance. The Planning Commission voted 4-0 to recommend approval of the code amendment at the October 26, 2015, meeting. He noted the City Attorney helped to draft the amendment. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of the ordinance amending Chapter 12 to amend the Subdivision Regulations. 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." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER Getschow said there are two projects tonight that are related to the Property Assessed Clean Energy (PACE)program. In 2010 the State changed the statute to allow local communities to assess commercial property for projects for sustainable or green improvements to the property. Eden Prairie partnered with the St. Paul Port Authority. The Port Authority works with the applicants to finance the projects and lead the application process. A City Council motion is needed to take action on the assessment of the property which is paid to the Port Authority. In 2013 the City entered into an agreement with the Port Authority to go into these agreements, and we now have the first two projects. 1. Resolution No. 2015-110 Approving Special Assessment with Kris T. Ichimura and Dennis Hosek for Property Assessed Clean Energy (PACE) Proiect CITY COUNCIL MINUTES November 17, 2015 Page 7 Getschow said the first project is a $173,000 solar project for World Auto Parts. The solar equipment is already installed on the building and is already providing a savings. The Council action tonight would be to adopt a resolution approving the special assessment for the first PACE project. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-110 approving a special assessment with Kris T. Ichimura and Dennis Hosek for a Property Assessed Clean Energy (PACE)Project. Motion carried 5-0. 2. Resolution NO. 2015-111 Approving Special Assessment with Southwest Crossing (OSWX) Property, LLC, for Property Assessed Clean Energy (PACE) Proiect Getschow said the second PACE project is with the One Southwest Crossing (OSWX) office building for a $2,000,000 energy retrofit of mechanical, DDC controls and lighting systems. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2015-111 approving a special assessment for OSWX Property, LLC, for a Property Assessed Clean Energy (PACE)Project. Motion carried 5-0. 3. Backyard Chickens Update Getschow said over the last few years the Council and staff have been approached with requests for Eden Prairie to allow backyard chickens in the community. Several neighboring communities have passed city code changes to allow backyard chickens. There was a petition presented to the City Council about this, and there were quite a few open podium and workshop discussions related to the proposal. Questions about the topic were posted on our City Connect website. All of the materials received from City Connect responses and other sources was included in the packet. On October 6 the Council asked staff to look into the policies in neighboring cities, and that research was also included in the packet. Many of the neighboring cities that have ordinances allowing chickens do not issue licenses but do have protocols that limit the number of chickens or place other restrictions. Information about the number of complaints received by the neighboring cities has also been included. Getschow said up to this point the Council has indicated they wanted to hold off on this and have it as a question on the next city-wide survey. He said staff could draft a first reading of an ordinance allowing backyard chickens if the Council wished. Asking a question on the City-wide survey would not happen for about 12-14 months. CITY COUNCIL MINUTES November 17, 2015 Page 8 Aho thought the research was good and appreciated all the input from residents and staff. His direction to staff would be that we look forward to getting responses from this and the sample provided by the City survey and the Council could then make a decision. Case believed other cities have paved the way, and he was ready to move on this. However, he would be okay if we need to have the additional step of a survey question. He believed we have enough data and there is enough experience in other cities to draft a restrictive ordinance in a positive way. Butcher Wickstrom felt similarly to Council Member Case. She really supported this and believed we have received enough feedback to show that this is a good move. There should be restrictions that are reasonable, but she thought we could handle the details. Nelson said she received input that was both positive and negative. She would like to see it be a question on the next City survey. She did have questions because our current ordinance does not allow barnyard animals. She was concerned about how we would go about allowing chickens but no other animals such as goats. She would want a little more information about how we go about changing this so we could apply our rule fairly in all situations before we do the next step. She was concerned about setting a precedent and believed a survey question might give us some time to answer her questions. Tyra-Lukens said she would also like to see the question on a survey. She wanted to make sure we do it right so we don't have to reverse it. Having the blessing of the majority of those responding to the community survey would be beneficial. She would need to have a lot of input into the way the question is worded on the survey. It is important that we specify on the survey question what restrictions would be included in the ordinance. Getschow said we have some of the parameters from the work done so far. The researchers who produce our survey are very careful about how the questions are worded, but we can also make suggestions about the wording. We would work with them on that as we get closer to the time for the next survey. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution No. 2015-112 of Intent to Fund Local Improvements within Eden Prairie Segment of Southwest Light Rail Transit Proiect SWLRT CITY COUNCIL MINUTES November 17, 2015 Page 9 Ellis said this is a follow up of the discussion at the October 20 Council workshop. The SWLRT Project Office is looking for a resolution that would approve the funding of local improvements within the Eden Prairie segment of the SWLRT project. He reviewed the items to be included in the improvements, such as public plazas at stations, street lighting, the Technology Drive extension, and the reconstruction of Eden Road. He noted construction will begin seven months from now, and the Project Office would like to have this resolution in place before they begin final design. Aho noted the resolution states we would provide $2,500,000 to assure that Eden Road is reconstructed. He asked if there is any estimate of what the maximum cost would be for the other improvements. Ellis said they are looking for a commitment for the improvements included in the base project. The base project includes the $2,500,000 funding for Eden Road. Other improvements would be bid alternates, and staff would come back with a recommendation on each of those improvements. The amount for Eden Road would be the maximum amount the City would have to pay for that project. He noted the amounts listed in the resolution are estimated costs for each improvement, but the goal is to try to cap the amount. Aho asked if all the hard numbers for the project will come back to the Council after the projects are bid so that we can either accept or reject those separately. Ellis said that was correct, with the exception of the Eden Road project. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-112 of Intent to Fund Local Improvements within the Eden Prairie Segment of the Southwest Light Rail Transit Project. Motion carried 5-0. 2. Resolution No. 2015-104 of Intent to Transfer City of Eden Prairie Property for Proposed Southwest Light Rail Transit Proiect Ellis said this is a resolution of intent that the City would dedicate to the Met Council the land for the City West Station and the portion of West 62nd Street that would provide access to City West Station. This is something the FTA would like to see so they know the project isn't being asked to pay for the land and the plans can move forward. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-104 of Intent to Transfer City of Eden Prairie Property for the Proposed Southwest Light Rail Transit Project. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES November 17, 2015 Page 10 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 6-0. Mayor Tyra-Lukens adjourned the meeting at 7:55 P.M.