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City Council - 04/05/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 5, 2016 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. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 24-30, 2016, as "Eden Prairie Gives Week." Mark Weber, Executive Director of the Eden Prairie Community Foundation thanked the Mayor for the proclamation and said there will be 12 new grant recipients this year. The recipients will be recognized at a gala on Saturday, April 30, at the Green Acres Event Center. He noted this week is meant to recognize all of the organizations that give back to the community. Tyra-Lukens noted the Eden Prairie Community Foundation is a great conduit to the community organizations. B. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 7, 2016, as Arbor Day. She said Eden Prairie has a long history of stewardship of our trees, and noted the Council held a workshop earlier this evening to discuss tree preservation. CITY COUNCIL MINUTES April 5, 2016 Page 2 C. LIONESS CLUB DONATION FOR THE ART CRAWL (RESOLUTION NO. 2016-52) Lotthammer said the Eden Prairie Lioness Club is donating $500 to go towards the Art Crawl to be held in September. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2016-52 accepting the donation in the amount of$500 from the Eden Prairie Lioness Club towards the Eden Prairie Art Crawl. Motion carried 5-0. D. AMERICAN LEGION POST 580 DONATION FOR THE SENIOR CENTER (RESOLUTION NO. 2016-53) Lotthammer said American Legion Post 580 has made a$2,500 donation to be used for woodworking equipment at the Eden Prairie Senior Center and for veteran and senior programs. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-53 accepting the donation in the amount of$2,500 from the American Legion Post 580 towards the Eden Prairie Senior Center woodshop and to help with veterans and senior programs. Motion carried 5-0. E. POLICE DEPARTMENT LETTER OF RECOGNITION Deputy Police Chief Jim DeMann gave letters of recognition to five Eaton Corp. employees who worked together to save the life of another employee, Tim Larocque, on December 17, 2015. The five employees recognized were Sam Shukla, Lawrence Harer, Leah Glynn, Jon Herbst, and Mark Ellis. Mayor Tyra- Lukens assisted with distributing the letters of recognition. F. SUSTAINABILITY PRESENTATION BY GREAT PLAINS INSTITUTE Getschow said the City has retained Great Plains Institute (GPI) to work with us on a sustainability plan chapter to be part of the upcoming Comprehensive Guide Plan update. GPI will also help with the Sustainable Eden Prairie program that will be developed to follow the successful 20-40-15 program completed last year. Brian Ross, Senior Program Director of GPI, gave a PowerPoint presentation about his company and some of the plans and processes regarding sustainability and resiliency as it relates to Eden Prairie. He said metropolitan communities are encouraged to develop sustainability chapters in their comprehensive plans that are compatible with the Met Council's Thrive MSP 2040. He reviewed the sustainability and resiliency components proposed to be included in the new Guide Plan chapter and in the Sustainable Eden Prairie program. He noted Minnesota law states such plans for metropolitan communities must include an element for protection and development of access to direct sunlight for solar energy components. He said they will be working with the community, City staff, the Conservation Commission and the City Council to define goals and strategies for CITY COUNCIL MINUTES April 5, 2016 Page 3 the program in order to achieve the desired outcomes. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.T. should be removed from the Consent Calendar and additional information regarding Item XIV.A.3 was provided on goldenrod paper. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 8, 2016 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, March 8, 2016, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, March 8, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2016-54 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS (MARKET CENTER WATER TOWER RECOATING) C. APPROVE 2015 UNBUDGETED FUND TRANSFERS D. ADOPT RESOLUTION NO. 2016-55 RELATING TO THE CITY'S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES PROGRAM E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HAY DOBBS FOR DRAFTING OF DESIGN STANDARDS ORDINANCE F. AWARD CONTRACT FOR 2016 STREET STRIPING PROJECT TO SIR LINES-A-LOT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES CITY COUNCIL MINUTES April 5, 2016 Page 4 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR WATER QUALITY MONITORING PROGRAM I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH REPUBLIC SERVICES FOR ANNUAL COMMUNITY CLEAN UP DAY J. AWARD CONTRACT FOR 2016 SUPPLY OF CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY K. AWARD BASE BID AND ADD ALTERNATES -2 AND 2A AND DEDUCT ALTERNATE-3 FOR THE FOR CONSTRUCTION OF THE MOSS UNHEATED STORAGE BUILDING PROJECT TO RJ MARCO CONSTRUCTION, INC. L. AMEND PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION PROJECT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SHADY OAK ROAD SIGNAL TIMING N. DECLARE SURPLUS EQUIPMENT O. APPROVE PURCHASE OF MICROSOFT OFFICE LICENSES P. APPROVE ENTERPRISE AGREEMENT AND RENEWAL OF MICROSOFT LICENSES Q. APPROVE UPDATED GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES R. APPROVE UPDATED GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES BY COMMUNITY ATHLETIC ASSOCIATIONS AND GROUPS S. AWARD CONTRACT FOR RECONSTRUCTION OF ROUND LAKE PARK PHASE II TO MINNESOTA DIRTWORKS T. AWARD CONTRACT FOR REPLACEMENT OF ROUND LAKE PARK IRRIGATION TO GREEN ACRES SPRINKLER COMPANY U. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED FOR STARING LAKE PARK IMPROVEMENT PROJECT V. AWARD CONTRACT FOR RECONSTRUCTION OF PHEASANT WOODS PARK PARKING LOT & TRAILS TO MIDWEST ASPHALT CITY COUNCIL MINUTES April 5, 2016 Page 5 W. AWARD CONTRACT FOR RECONSTRUCTION OF PIONEER PARK TENNIS COURTS TO LAVINE CONSTRUCTION X. APPROVE PAYMENT FOR THE ACQUISITION OF PARCELS 26 & 27 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-S and U-X on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. PARK NICOLLET HEALTH SERVICES by BWBR. Request for Planned Unit Development District Review with waivers on 4.61 acres; Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the proposed project is for the construction of a 12,000 square foot, 2 story medical office addition. The project will remodel the interior of the existing structure and construct a 12,048 square foot, 2 story addition to the existing structure. Additional parking area is also proposed to be constructed. The building will continue to be utilized as a medical office building with the addition of dental services. The proponent is seeking PUD waivers to the parking setbacks for existing conditions on the north and west property lines. A waiver is also requested for the overall parking count. The structure proposed exceeds the requirements for construction materials on all facades and for landscaping on the site. The plan also includes bicycle racks. Erin McKiel, BWBR Engineer, gave a PowerPoint overview of the project reviewing both the interior and exterior plans for the project. She said the project will provide Park Nicollet Health Services a more visible entry and easier access and will include a dental clinic. Tyra-Lukens said a group of seniors living nearby have made comments about difficult pedestrian access to the building. She asked if this project addresses that situation. Ms McKiel said there will be a sidewalk along Flying Cloud Drive, the sidewalk along Medcom Blvd will be extended, and there will be striped areas along the front parking to direct pedestrians. Case said the amount of impervious surface is impacted when there is a small lot like this one. He asked if we have some kind of code mitigating greater amounts of impervious surfaces such as this project has. Ellis responded the City of Eden Prairie and the Watershed District have requirements based on the amount of disturbance and the amount of impervious surface being added. There must be some type of abstraction or infiltration on site. The City will also be required to have infiltration for the Medcom Blvd. improvements. CITY COUNCIL MINUTES April 5, 2016 Page 6 Case asked about the engineering on this project. John Donovan, Civil Engineer, said the existing site will have underground treatment centers that will allow the project to meet City and Watershed District requirements. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District amendment within the Office Zoning District on 4.61 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. Aho asked how many additional employees will be added with this project. Liz Narum, Park Nicollet Engineer, said about 60 employees will be added over time. B. RILEY BLUFFS by Norton Homes, LLC. Request for Planned Unit Development Concept Review on 5.9 acres; Planned Unit Development District Review with waivers on 5.9 acres; Zoning District Change from Rural to R1-9.5 on 5.9 acres and Preliminary Plat of 1 lot into 10 lots and 6 outlots on 5.9 acres. Location: 18900 Pioneer Tr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Getschow said this project is the subdivision of 5.9 acres into 10 lots and 6 outlots. The preliminary plat shows 10 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 7822 square feet to 12,105 square feet. Waivers are requested for required lot size and lot width of the R1-9.5 zoning district; frontage on a public street; setback waivers and garage lot coverage. The Planning Commission voted 4-0-1 to recommend approval of the project at the February 22, 2016 meeting. Pat Hiller, representing Norton Homes, requested that the public hearing be continued to May 24, 2016. Tyra-Lukens asked if that timing is okay with the City calendar. Jeremiah said that date would give sufficient time to meet the deadlines involved. MOTION: Case moved, seconded by Butcher Wickstrom, to continue the public hearing to May 24. Motion carried 5-0. C. CERTIFICATE OF APPROPRIATENESS (COA) FOR GLEN LAKE CHILDREN'S CAMP Getschow said Items VIII.0 and D. pertain to one project. The first public hearing is for the COA needed for the project because this is an historic site. The second public hearing is for a request for PUD review with waivers to demolish an existing non-historic, non-contributing building and to erect a 12-bed respite center. He noted the camp and property are leased to the non-profit organization, True Friends. CITY COUNCIL MINUTES April 5, 2016 Page 7 Randy Boser, representing True Friends, said the Glen Lake Children's Camp is their closest camp to the metropolitan area which makes it one of their most used camp sites for the disabled community. The request is to replace a non-functioning building with a new building that would allow additional services to be provided that would meet the needs of the disabled community. The building would provide housing, kitchen facilities, and the medical facility for the whole camp. It would provide a safe and secure space for programs. The proposed building is within the historic district that is a component of the camp. He said they worked with the Heritage Preservation Commission (HPC) on the design features and exterior materials to make sure it fits in with the other historic buildings on the property, and the HPC approved the request. True Friends also worked with the State Preservation office about materials and colors to be used for the project. The state asked that a Phase I archeological survey be completed and, after the survey was completed, gave their approval. In addition, True Friends worked with the Park and Recreation Department and other City staff to make sure the design and other elements met requirements. Tyra-Lukens commented the Council has received a couple of proposals for things to do with Camp Eden Wood in the last couple of years. She noted we want to make sure it remains on the National Register. She asked Mr. Boser to give insight into their plans for the next ten years. Mr. Boser said a 2008 Comprehensive Plan was completed and was approved by the City and the state. At that time, they hoped to get a grant from the state for the project. They did not receive a grant from the state, so they have been forced to move ahead as funding becomes available. This proposed building is the most critical need for the camp. They constructed a playground improvement on the site last fall. There are currently five components that contribute to the historic site. There are a couple of other buildings on the site that are non-contributing to the historic nature but are not designed for functioning well. He said they see the possibility down the road of replacing one of those buildings as funding becomes available, however that would take a considerable amount of funding. Butcher Wickstrom suggested there might be grant funding because this is such a unique and historic site. Mr. Boser said it is a good possibility and is worthy of exploration. Butcher Wickstrom asked if this site is ever available to Eden Prairie residents. Mr. Boser said it is public, and there is a trail along the lake. True Friends uses the facilities almost all the time from mid-June to mid-August. While there are very few campers there the rest of the year, they do provide respite activities on weekends year round. There are also some office workers at the site. The site is fairly accessible along the railroad tracks and along the wetlands area, and the playground will be open to the public for use. Case noted the HPC included in their minutes a motion to approve the project with a condition that the new building be no closer than 25 feet from the historic garage. Mr. Boser said the building was moved about seven feet to comply. Case CITY COUNCIL MINUTES April 5, 2016 Page 8 commented this is the City's only property on the National Historic Register that is a concept and not just a building. He would like to have all groups involved partner to pursue grants in order to preserve this valuable asset because he was concerned that in 20-30 years it might fall into decay. He suggested this could be made a major piece of the HPC's work plan this year to work with the renters on this site and preserve this amazing asset. Mr. Boser said he was not sure where the funding for the 2006 project came from. Ed Stracke, President and CEO of True Friends, said the dormitory building was threatened with condemnation by the Health Department and the rehabilitation of that was an outstanding project. He thought True Friends would be open to having a conversation around a partnership for rehabilitation of the dining hall,but could not be the primary funding source. Case noted he was not suggesting that True Friends would be the funding agent but rather would serve as the motivator and caretaker. Mr. Stracke noted there are a number of different groups that have used the facility. Case said it is great having True Friends there to meet needs that are similar to those of the original camp. Butcher Wickstrom asked about the condition of the fireplace in the dining room. Mr. Stracke said it is still standing. Rosow noted the lease negotiated in 2014 contains a provision that True Friends shall maintain the premises so as to preserve the historical architecture and archeology of the premises in order to protect the qualities for listing on the National Register. He noted it sounds like those protections are included in the lease. Butcher Wickstrom asked if the HPC has anyone with expertise that inspects the building condition. Jeremiah said we do an annual survey of our historic properties and make notes about what type of maintenance should be done. She said she will bring up the fireplace issue at the next review. Butcher Wickstrom asked for a copy of the last condition report. Case said he would be comfortable if Paul Sticha were the one to inspect the fireplace and, if Paul thought it was necessary, we may want to get a more exhaustive report to make sure things are being done to preserve it. Butcher Wickstrom noted it is good for the HPC to know how interested the Council is in pursuing a grant for the property. Rosow noted the lease also states True Friends agrees that the State Historical Society Preservation Officer has the authority to visit the premises at any time to make sure the condition is being preserved. Case noted several of the Council Members are concerned about the condition of the property now and what needs to be done to preserve and protect the property going forward. CITY COUNCIL MINUTES April 5, 2016 Page 9 There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt the Findings of Fact and approve Certificate of Appropriateness 2016-01-009 for demolition of existing non-historic, non- contributing Boulay building and the construction of a 12-bed respite center on the National Register Glen Lake Children's Camp. Motion carried 5-0. D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Request for Planned Unit Development District Review with waivers on 51.81acres; Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres Location: 6350 Indian Chief Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment) Tyra-Lukens said this is a public hearing to consider the request for the PUD with waivers for the Camp Eden Wood respite center which was reviewed and discussed in Item XIV.0 above. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to approve first reading of the ordinance for Planned Unit Development District review with waivers and Zoning District amendment within the Public Zoning District on 51.81 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. E. HAMPTON INN by Cities Edge Architects. Request for Planned Unit Development Concept Review on 1.7 acres; Planned Unit Development District Review with waivers on 1.7 acres; Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres and Site Plan Review on 1.7 acres. Location: 11825 Technology Dr. (Resolution No. 2016-56 for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change) Getschow said the proposed project is for the construction of a 5 story, 105 guest room hotel at the current International House of Pancakes site. The Major Center Area study identified this parcel for hospitality/lodging. The proposal includes the removal of the existing structures and redeveloping the site for the hotel use incorporating surface and underground parking areas. The proponent is seeking rezoning from Regional Commercial Services to Town Center-Commercial, as well as PUD approval for the proposed development. Due to the unique character of the Town Center Zoning and the requirements for the shoreland area, several PUD waivers are sought for the site. The structure proposed meets or exceeds the requirements for construction materials on all facades as does the landscaping for the site. The project also includes the relocation of the pedestrian trail along Lake Idlewild. CITY COUNCIL MINUTES April 5, 2016 Page 10 John Hafner, architect with Cities Edge, gave a PowerPoint review of the project. He noted the site has a very challenging topography and a large drainage and utility easement. There is a shared entry with the Extended Stay America hotel next door. There will be surface and underground parking. He reviewed the interior layout and exterior plans for the building and noted it will conform to City requirements for architectural materials. They submitted a revised landscaping plan after the Planning Commission meeting, and they believe that is in compliance. One of the waivers requested was for a free-standing monument sign at the entrance; however, they have agreed to remove that request for a monument sign. There will be benches added on the trail by Lake Idlewild, and they will incorporate some bike racks near the entry. They plan to continue to work with the Watershed District because they are in compliance with all their requirements with the exception of the buffer. They will move the building in order to increase the buffer and align with the drainage easement. They expect to meet with the Watershed District for approval at their May 3rd meeting. Nelson asked if the mechanical equipment on the roof will be screened. Mr. Hafner replied it will be screened. Nelson asked if they believe they have found a way to make the building attractive and noticeable. Mr. Hafner replied it is not an "out of the box" Hampton Inn because they have enhanced the basic building with the materials incorporated. He thought it will be a very handsome building and will be successful as well. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2016-56 for Planned Unit Development concept review on 1.7 acres; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District change from Commercial Regional Services to Town Center—Commercial on 1.7 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. 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 A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS Getschow said AMC is intending to remodel the existing AMC Eden Prairie 18 theater. AMC would like to have a dedicated bar at which only alcohol would be served to be consumed on the premises in the screening rooms as well as at the bar itself. Anyone purchasing alcohol would be required to show proof of age. No CITY COUNCIL MINUTES April 5, 2016 Page 11 alcohol would be served at the regular food and beverage counters. He said City Attorney Rosow drafted an amendment to the City code that creates a category of restaurant/movie theater and includes several conditions to which the theater agrees, such as a limit to the number of tables. Much of this code is predicated on a remodel of the theater to vastly reduce the number of seats and to provide larger stadium seats. He noted other similar theaters allow the sale of alcohol. He said, if this is approved, second reading of the ordinance would need to come back at the first meeting in May. Tyra-Lukens said this project has been discussed at several City Council workshops. Council Members expressed concerns about control of the sale of alcoholic beverages. The Police Department and City staff researched other facilities and believe the code amendment has laid to rest many of the Council Member's concerns. MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 4 to license the sale of alcohol in restaurant movie theaters. Tyra-Lukens noted this code amendment gives the City the ability to license a restaurant/movie theater to serve alcohol, so AMC does not control their license. VOTE ON THE MOTION: Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution No. 2016-57 Supporting "Wyland Mayor's Challenge for Water Conservation" Tyra-Lukens said this resolution commits Eden Prairie to participate again in the Wyland Mayor's Challenge for Water Conservation as we have for several years. She said anyone interested in conserving water or in winning a Prins can go to our website, click on the link to the Wyland Foundation, take a survey and sign the pledge. She noted conserving water advances our sustainability efforts. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-57 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. Tyra-Lukens commented she checked out the newly opened Phase 2 of the pool expansion, and it is fabulous. CITY COUNCIL MINUTES April 5, 2016 Page 12 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver related to the Salary Cap Rosow said state law provides that no employee of a political subdivision of the state can earn more than 10%more than the Governor's salary. A number of cities similar to Eden Prairie have experienced the situation where their City Manager is bumping up against the salary cap. There is a mechanism by which a request for waiver of the cap can be filed with the Minnesota Commissioner of Management and Budget. Many cities, including Edina, have applied for and received such a waiver. He noted that without the waiver the salary cap for the City Manager would be limited to a total of$165,333, and Mr. Getschow is just$1900 under that. He said the salary amount specified in the request to file a waiver is blank because he was not sure of the Council's wishes as to the exact amount. The state law allows for increases in the amount granted in accordance with the CPI. He noted Edina included in their request that such an increase be built into the amount, but they did not get a CPI increase and got a set amount of increase instead. Case thought it would be responsible to set it for the amount we see for this year's increase and then return next year, if only to make a point to the legislature about raising the Governor's salary. He understood that Minnesota is the only state with such a limit or cap, and he thought that is the larger issue. Rosow noted Edina requested $173,250 and was granted $170,285. He thought their situation was fairly comparable to Eden Prairie's in terms of the salary level. Tyra-Lukens asked if Mr. Rosow was suggesting we have a better argument for asking for$170,000. Rosow commented the Council should ask for a waiver for the amount of salary we want to provide. Nelson thought that would be an appropriate amount to use. She suggested we also discuss at a separate meeting passing a motion to encourage the state to consider this matter. Case said his first thought would be to remove the cap. He noted school superintendents do not have a cap, and he thought we are at a point where the City Manager is deserving of a raise like this. MOTION: Case moved, seconded by Butcher Wickstrom, to direct the City Attorney to file an application to request a waiver of the current maximum salary allowed under Minn. Stat. § 43A.17 from the Commissioner of Minnesota Management and Budget to allow the City Council to compensate the position of the City Manager at an annual salary of up to $170,000 to accommodate a salary increase for 2016. Motion carried 5-0. CITY COUNCIL MINUTES April 5, 2016 Page 13 3. Summary of the City Council's Evaluation of the City Manager Tyra-Lukens said the Council each year has discussions about the City Manager's performance review and salary increase. Information regarding those discussions was provided on the goldenrod handout. At a closed session, the Council reviewed the goals set for Mr. Getschow last year and received input from his direct reports regarding his performance. She reviewed the accomplishments and goals met by Mr. Getschow last year which included: • Exceeding the 20-40-15 goals • Leading a team of over 300 employees • Developing a budget that keeps and expands City services at a high level while keeping taxes low • Providing great outreach to residents and the community • Keeping the Council members fully informed of City matters. In addition, she reviewed the priorities the Council identified for the City Manager in 2016 which included such items as: • More sustainability measures • Design standards • Enhancing public art • Representing the City in the final design plans for the Southwest LRT • Watershed District matters • Marketing the City's success. MOTION: Nelson moved, seconded by Butcher Wickstrom, to raise the salary of the City Manager to the current cap of$165,333. Tyra-Lukens said this will raise the salary to the maximum until we get an answer on the waiver of the current cap. VOTE ON THE MOTION: Motion carried 5-0. 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES April 5, 2016 Page 14 XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:39 PM.