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City Council - 05/03/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 3, 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TOUR DE TONKA PRESENTATION Jenny Bodurka, Coordinator of Youth & Adult Programs, Minnetonka Community Education, distributed brochures about the Tour de Tonka to be held on August 6, 2016. She gave an update about this year's event, and reviewed information on participation in the event over the years. In 2015 the event raised $40,000 for the Intercongregation Communities Association (ICA) Food Shelf. She thanked the Council for the help Eden Prairie gives to the annual event, especially the support from the Police and Fire Departments. B. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Case said our budget is a very important part of Eden Prairie, and this item will present our annual financial report. Chris Knopik, principal at Clifton Larson Allen, gave a PowerPoint presentation about the 2015 CAFR, and noted his firm issued an unmodified opinion on the report, the highest level of opinion the City can receive. He reviewed the General Fund revenue and expenditures, fund balances, and the enterprise funds, including CITY COUNCIL MINUTES May 3, 2016 Page 2 the water and sewer fund, storm drainage fund and the liquor fund. He noted the City was under budget for the year by $76,000. He also reviewed the Estimated Market Value (EMV) of property in the City and commented it is $485,000,000 over the market value in 2006. Eden Prairie continues to have a lower tax rate than surrounding cities and throughout the State and has an Aaa bond rating. He reviewed some emerging standards issues that will affect the City in the future. He praised staff for being very accommodating and very prepared for the audit. MOTION: Aho moved, seconded by Nelson, to accept the 2015 Comprehensive Annual Financial Report (CAFR). Motion carried 4-0. Aho thanked Mr. Knopik's team and City staff for a great job. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item IX.A. should be removed from the agenda. The proponent needs additional time to make changes to the plan. The item may come back to the Planning Commission but at an undetermined date. He said staff was able to get notices out about removing the public hearing from tonight's meeting agenda. Case added Item XIV.A.1. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL GOAL SETTING WORKSHOP HELD TUESDAY, MARCH 22, 2016 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council goal setting workshop held Tuesday, March 22, 2016, as published. Motion carried 4-0. B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 5, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 5, 2016, as published. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 5, 2016 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, April 5, 2016, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES May 3, 2016 Page 3 VIII. CONSENT CALENDAR Case asked that Item E. Optum PUD Amendment be considered separately as he planned to abstain from voting on that item A. CLERK'S LICENSE LIST B. STARBUCKS by Told Development Company. Second Reading of Ordinance 7- 2016-PUD-4-2016 for Planned Unit Development District Review with waivers on 1.38 acres and Zoning District Change from R1-13.5 to Highway Commercial(C- HWY) on 0.44 acres; Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres. Location: 11190 West 62nd St. (Ordinance No. 7- 2016-PUD-4-2016 for PUD District Review with waivers and Zoning District Change; Resolution No. 2016-58 for Site Plan Review) C. PARK NICOLLET HEALTH SERVICES by BWBR. Second Reading of Ordinance 8-2016-PUD-5-2016 for Planned Unit Development District Review with waivers on 4.61acres and 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 No. 8-2016-PUD-5-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2016- 59 for Site Plan Review) D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Second Reading of Ordinance 9-2016-PUD-6-2016 for Planned Unit Development District Review with waivers on 51.81acres and Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres. Location: 6350 Indian Chief Rd. Ordinance No. 9-2016-PUD-6-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2016- 60 for Site Plan Review) E. OPTUM PUD AMENDMENT by United Health Group. Second Reading of Ordinance 10-2016-PUD-7-2016 for Planned Unit Development District Review with waivers on 89.63 acres and Zoning District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on 89.63acres. Location: 13625 Technology Drive (Ordinance No. 10-2016-PUD-7-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2016- 61 for Site Plan Review) F. ADOPT RESOLUTION NO. 2016-62 APPROVING LIMITED-USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS IN THE RIGHT- OF-WAY OF TH 169 AT ANDERSON LAKES PARKWAY, TH 5 AT DELL RD.,AND TH 212 AT DELL RD. G. AWARD CONTRACT FOR MILLER PARK#8 IMPROVEMENTS TO MINNESOTA ROADWAYS CITY COUNCIL MINUTES May 3, 2016 Page 4 H. AWARD CONTRACT FOR MILLER PARK#10 RENOVATION TO DUNINICK I. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR MILLER PARK#10 PROJECT J. AWARD CONTRACT FOR ROUND LAKE IRRIGATION TO GREEN ACRES SPRINKLER COMPANY K. AWARD CONTRACT FOR WILLOW PARK TENNIS COURT RENOVATION TO DERMCO-LAVINE CONSTRUCTION L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR TRAIL PROJECT DESIGN M. REJECT BIDS FOR STARING LAKE PLAY AREA RENOVATION N. AWARD CONTRACT FOR 4TH OF JULY FIREWORKS TO RES SPECIALTY PYROTECHNICS O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WEITZMAN STUDIOS, INC. FOR LRT BRIDGE PIER RELIEF DESIGNS P. ADOPT RESOLUTION NO. 2016-63 IN SUPPORT OF IMPROVEMENTS TO HIGHWAY 101 BETWEEN PIONEER TRAIL AND FLYING CLOUD DRIVE IN THE CITY OF CHANHASSEN Q. DECLARE POLICE VEHICLE#265 AS SURPLUS EQUIPMENT AND AUTHORIZE PURCHASE OF A REPLACEMENT VEHICLE R. AWARD CONTRACT FOR 2016 SEALCOAT PROJECT TO ALLIED BLACKTOP COMPANY S. AWARD CONTRACT FOR 2016 BITUMINOUS MILL & OVERLAY PROJECT TO PARK CONSTRUCTION, INC. T. AWARD CONTRACT FOR 2016 BITUMINOUS CRACK SEAL PROJECT TO AMERICAN PAVEMENT SOLUTIONS U. APPROVE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT V. ADOPT RESOLUTION NO. 2016-64 SUPPORTING APPOINTMENT OF PETER IVERSEN TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT BOARD OF MANAGERS CITY COUNCIL MINUTES May 3, 2016 Page 5 MOTION: Nelson moved, seconded by Aho, to approve Items A-D and F-V on the Consent Calendar. Motion carried 4-0. Regarding Item V, Aho thanked Peter Iversen for being willing to volunteer to serve on the Riley-Purgatory-Bluff Creek Watershed District Board of Managers. Case noted to his knowledge this is the first time the City Council has sent in a recommendation for a name to serve on that Board. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item E on the Consent Calendar. Motion carried 3-0-1, with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE SENIOR LIVING by Kaas Wilson Architects. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.11 acres; Planned Unit Development Concept Review on 3.11 acres; Planned Unit Development District Review with waivers on 3.11 acres; Zoning District Change from Rural to Office and RM-2.51 on 3.11 acres; Site Plan Review on 3.11acres and Preliminary Plat of five lots into one lot and one outlot on 3.11 acres. Location: 10220, 10240 & 10280 Hennepin Town Rd. (Resolution for Guild Plan Change; Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) (Removed from Agenda) X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Minnesota River Erosion— Council Member Case Case said he recently toured the Minnesota River bottoms area near Grass and Rice Lakes. His tour was led by Sever Peterson and was done in preparation for a trolley tour of historic places along the river bottoms that CITY COUNCIL MINUTES May 3, 2016 Page 6 were mentioned in the book, One Stayed at Welcome, by Maud Hart Lovelace. The trolley tour will take place on a weekend in May. The historic places include the site of a battle between the Sioux and Chippewa in 1857 and native encampment sites. During the tour Mr. Peterson noted the river has eroded 50 feet into the bank just in his lifetime. Case asked staff to check into the erosion to see what is happening there and to see if there is something we could be doing such as advocating for grant money. 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 1. Policy for Vegetation Management within Right-of-way and Drainage, Utility or Trail Easements Ellis said the purpose of this policy is to provide for the safety and protection of right-of-way users and their property, to allow for the proper maintenance of roads, trails, sidewalks, and utilities, and to protect below ground and above ground utility infrastructure. This policy establishes standards that should be considered when pruning or removing vegetation which conflicts with intended uses of the right-of-way and drainage, utility or trail easements. For safety purposes, vegetation would be pruned to allow 16 feet of right of way above the road and 10 feet above the trails. He reviewed the typical reasons for vegetation removal, and noted the pruning and removal service would be performed at no cost to the property owner. He said the policy formalizes what our practices have been for years. Case asked how we would exercise control if a property owner did not want to have a tree pruned that is blocking the line of sight. Ellis replied they schedule trimming a year in advance of scheduled street maintenance, so a neighborhood would receive notice in the fall before the project that there would be tree trimming the next year. He said they would explain our standard and would conduct a house by house assessment of the neighborhood. Staff would place a hanger on the door of the property regarding pruning of those trees in the yard marked with yellow ribbons. He noted they would trim only what is on the right of way,but will ask for, and would prefer to get, the property owner's written permission to trim the tree back to the trunk. Case noted that process sounds very appropriate and respectful. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt the policy for vegetation management within the right-of-way and drainage, utility or trail easements. Motion carried 4-0. CITY COUNCIL MINUTES May 3, 2016 Page 7 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Getschow said the trolley tour event in the river bottoms will take place on May 21. Case noted participants who want to take the tour will meet at the Cummins Grill House. XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:35 PM.