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City Council - 08/16/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 16, 2016 7:00 P.M., CITY CENTER Council Chambers 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 Jodie Fenske I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FROM GRAND HAVEN AT MARSH COVE HOMEOWNERS ASSOCIATION FOR NATURE TRAIL IMPROVEMENTS (Resolution No. 2016-88) Lotthammer stated representatives of the Grand Haven at Marsh Cove Homeowners Association approached City staff with the proposal to assist in funding the planned nearby nature trail. The trail would connect Idlewood Way to the existing trails in the Edenbrook Conservation Area. The Association has proposed a donation of$8,500 to be used toward the installation of the trail. Additional funding is available to complete the project. A portion of the work could begin in fall 2016 with the remainder of the project to be completed in spring 2017. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-88 accepting the donation of$8,500 from Grand Haven at Marsh Cove Homeowners Association for nature trail improvements. Motion carried 5-0. B. ACCEPT DONATION FROM CHRISTOPHER STERNTHAL TOWARDS THE VETERAN'S MEMORIAL (Resolution No. 2016-89) Lotthammer stated City staff recently met with Christopher Sternthal, an Eden Prairie High school graduate and current Eden Prairie resident who also CITY COUNCIL MINUTES August 16, 2016 Page 2 participates in the Minnesota Chapter of Pokemon Go. Mr. Sternthal offered suggestions to best request participants be respectful of the site. He recognized the impact being made to Purgatory Creek Park and wanted to help make improvements with a donation for park maintenance. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-89 accepting the donation of$200 from Christopher Sternthal toward the Veterans Memorial. Tyra-Lukens inquired and Lotthammer confirmed the donation would go toward the fund for maintenance of the Veterans Memorial. Nelson commented it was good to see more people out in our parks. VOTE ON THE MOTION: Motion carried 5-0. C. ACCEPT DONATION FROM TEAM FOXJET TOWARD AQUATIC CENTER ADDITION (Resolution No. 2016-90) Lotthammer stated Team Foxjet has been an important part of the planning, fundraising, construction and use of the Community Center aquatics facility addition. They have continued to work hard towards raising the $500,000 they pledged for the addition. He introduced Team Foxjet Board member Brandon Thornton who has spearheaded the fundraising efforts for the current donation of $82,000. Mr. Thornton thanked the Council for their support of the aquatics center and noted the additional donation was a result of continued fundraising efforts. He reported the team recently hosted the Midwest Achievement Championship meet and received very positive feedback about the facility from parents attending from southwest Minnesota. These visitors also patronized Eden Prairie hotels, restaurants and businesses during their stay. Tyra-Lukens thanked Mr. Thornton for the contribution and asked if the team has experienced a positive impact from the expansion. Mr. Thornton responded the team has experienced a 10 percent increase in membership in the past year. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-90 accepting the donation of$82,000 from Team Foxjet toward the Aquatic Center addition. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2016 CITY COUNCIL MINUTES August 16, 2016 Page 3 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, July 19, 2016, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19, 2016 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, July 19, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2016 AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) AND ADOPT RESOLUTION NO. 2016-91 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE SECOND READING OF ORDINANCE NO. 16-2016 APPROVING TEMPORARY HOUSING OPT-OUT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR IMPROVEMENTS TO STORMWATER WETLAND 05- 12-C (TIMBER CREEK NORTH) E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR MASTER PLAN PHASE FOR RILEY LAKE PARK F. APPROVE CLIM-A-TECH INDUSTRIES DEED GRANT AGREEMENTS G. APPROVE GRANT PROGRAM AGREEMENT FOR USE OF CDBG FUNDS FOR ACCESSIBILITY IMPROVEMENTS TO PIONEER ESTATES GROUP HOME FOR THE ELDERLY H. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP I. APPROVE AMENDED CONTRACT WITH THE CAVE CAFE, LLC, FOR PROVISION OF FOOD SERVICE IN THE GARDEN ROOM J. APPROVE AMENDMENT TO CONTRACT BETWEEN MINTAHOE AND CITY OF EDEN PRAIRIE CITY COUNCIL MINUTES August 16, 2016 Page 4 K. AWARD CONTRACT FOR REMODELING OF PARKS MAINTENANCE OFFICE AREAS IN MAINTENANCE FACILITY TO GARDNER BUILDERS L. APPROVE LEASE AGREEMENT WITH MED ONE CAPITAL FOR 47 AEDs M. AUTHORIZE EARLY REPLACEMENT OF STAFF VEHICLE#293 AND DECLARE VEHICLE#136 AS SURPLUS N. ADOPT RESOLUTION NO. 2016-92 AUTHORIZING ACQUISITION OF PROPERTY FOR THE EDEN PRAIRIE ROAD SOUTH REALIGNMENT PROJECT O. AWARD CONTRACT FOR NEW EMERGENCY POWER GENERATOR AT FIRE STATIONS 2 AND 3 TO POWER SYSTEMS SERVICES, INC. MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-O on the Consent Calendar. Getschow noted Mayor Tyra-Lukens was given a letter that accompanies one of the items from Liberty Property Trust to be on the record for approval of second reading of the TOD ordinance (Item VIII.B.). He added that the items listed are A-O, not A-P, as indicated on the Annotated Agenda. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2016-93 VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS THAT PART OF LOTS 6 AND 7, BLOCK 1, BELLERIEVE Getschow said property owners have requested an Administrative Combination of Lots 6 and 7, Block 1, Bellerieve. The property owners propose to construct a permanent landscape structure and driveway over the existing lot line and drainage and utility easements. In order to accommodate the construction of the permanent landscape structure, the adjoining drainage and utility easements need to be vacated. Getschow said the release of the certified resolution vacating the drainage and utility easements shall be conditioned on the notification from Hennepin County to the City that the property owner's request for an Administrative Combination of Lot 6 and Lot 7, Block 1, Bellerieve has been completed. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the Public Hearing, and to adopt Resolution No. 2016-93 vacating the public drainage and utility easements lying over, under and across that part of Lots 6 and 7, Block 1, Bellerieve. CITY COUNCIL MINUTES August 16, 2016 Page 5 Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.35, TO ADD SCHOOLS AS A PERMITTED USE IN THE PUBLIC ZONING DISTRICT Getschow said official notice of this public hearing was published in the August 4, 2016, Eden Prairie News. He explained that before 2010 the City Code included public facilities as a permitted use in all zoning districts. Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term"public facilities," and in its place "public infrastructure" was listed as a permitted use in all zoning districts. The adoption of the new terminology and definition unintentionally resulted in an issue of schools becoming a non-conforming use. Non-conforming uses are regulated by City Code and State Statute allowing maintenance, replacement, improvement and repair but not allowing expansion. Staff is proposing that the City Code be amended to include a definition of public schools and to include public and private schools as a permitted use in the Public Zoning District and that public schools be defined as: 1) a school owned or operated by a public entity which offers general education instruction equivalent to K-12 or post-secondary education, or 2) a charter school organized under Minnesota Statutes Chapter 124E. The City Code already provides a definition for private schools. The code amendment, if approved, would bring existing school properties that are zoned Public into conforming status. As a subsequent step, Staff has initiated the rezoning of the appropriate school properties to the Public Zoning District. Upon approval, the Public Zoning District would bring those properties into conformance with the Comprehensive Plan. At its July 11, 2016, meeting, the Planning Commission voted 7-0 to recommend approval of the text amendment, subject to the information in the staff report dated July 6, 2016. Getschow said a second reading of this ordinance will be scheduled for the Council's September 6, 2016, meeting. The Council will also be asked to take action to rezone the other school sites at that meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the Public Hearing, and to approve first reading of an ordinance amending City Code Sections 11.02 and 11.35 to define and add schools as a permitted use in the Public Zoning District. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES August 16, 2016 Page 6 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 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 1. Award Contract to Miner Construction for Cedar Hills Park Construction Lotthammer provided a brief history of the Cedar Hills Park site. This park location was selected in 2002, and, in 2003, the park became a part of the final agreement with the MAC for expansion of Flying Cloud Airport. Part of the agreement states the City of Eden Prairie can use the site forever as park property. This is a use agreement at no cost to us and is not a lease agreement. After the MAC received FAA approval to sign the agreement, the City was able to proceed with plans and held neighborhood meetings to receive valuable input. A conceptual design had been in place since 2002 because that was required as part of the final agreement with the MAC. The area near the park is undergoing rapid housing development, and the park will serve the new residents of the area. For years the area has been referred to as the City's last neighborhood park. Lotthammer stated the proposed park would be located on the south end of the 30-acre site and would include a parking lot, open field with backstop, play structure,basketball court, a large turf open space and both paved and nature trails. Lotthammer said the need to respect the natural land where the creek flows and also to provide a buffer from the wetlands became obvious during meetings with the Park and Recreation, Conservation, and Historic Preservation Commissions. Input received from the State Historic CITY COUNCIL MINUTES August 16, 2016 Page 7 Preservation Society regarding a theme was to focus on the pioneer side of Eden Prairie. This theme works well since the site is close to the river corridor and early settler, pioneer and Native American encampment sites. He went on to show renderings of brown, tan and green pioneer-themed play structures that would blend in well with the natural background. Lotthammer said there are three items on tonight's agenda dealing with the park: awarding the contract for park development; an agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) for construction administration; and a maintenance agreement with the Riley-Purgatory- Bluff Creek Watershed District. Regarding the first item to award the contract, specifications for the construction work were prepared by the City's consultant, HTPO, and the City received bids from nine contractors. Staff and the consulting engineer recommend the contract be awarded to Minger Construction Co.,Inc. The project is anticipated to begin this fall and to be completed next summer. Aho inquired about the number of trees that would need to be removed. Lotthammer responded some trees in the two-acre open field would need to be removed to prepare the flat play area and open grass field. Butcher Wickstrom commented the park concepts are perfect for Eden Prairie, and she liked the idea the park would fit in with the natural environment. She inquired about the contractor being used for the play structures. Lotthammer responded Landscape Structures Inc., a Minnesota- based company, would be the play structure vendor. He noted we have used them in the past. The City has not used Minger Construction for our parks,but HTPO has used them several times with positive experience. MOTION: Nelson moved, seconded by Aho, to award the contract for Cedar Hills Park development to Minger Construction Co., Inc. in the amount of $892,992.50. Motion carried 5-0. 2. Approve Professional Services Agreement with HTPO for Construction Administration of Cedar Hills Park Project Lotthammer stated Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Cedar Hills Park development. The proposed project is scheduled in the Capital Improvement Program for 2016. MOTION: Aho moved, seconded by Case, to authorize entering into a Standard Agreement for Professional Services with HTPO for construction phase services for Cedar Hills Park development at a cost not to exceed $98,000. Motion carried 5-0. 3. Approve Maintenance Agreement with Riley Purgatory Creek Watershed District for Cedar Hills Park CITY COUNCIL MINUTES August 16, 2016 Page 8 MOTION: Butcher Wickstrom moved, seconded by Case, to authorize entering into a maintenance agreement for buffer areas, water crossing and storm water facilities at Cedar Hills Park with Riley Purgatory Bluff Creek Watershed District. Tyra-Lukens asked if this is something new required by the watershed district. Lotthammer replied the watershed district adopted new rules last year. Part of those rules include a requirement to enter into such agreements. It is the City's obligation to do maintenance on storm ponds and other features as part of the watershed district's oversight and approval for development. He noted staff is working on a master agreement,but until such an agreement is approved, each project must be considered on an individual basis. VOTE ON THE MOTION: Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Recreational Fires Tyra-Lukens introduced Fire Chief George Esbensen and invited him to report on the Council's request for research into recreational fires. Chief Esbensen stated staff surveyed fire marshals statewide to compare other cities' recreational fire rules,regulations, and ordinances. He provided background on the City's current fire guidelines which include the fire being at least 25 feet from structures or any combustibles, a means of extinguishment needs to be nearby, the size of fire cannot be more than 3 feet by 3 feet by 3 feet, winds must be less than 15 miles per hour, and the fire needs to be constantly monitored. Recreational fires are not meant to be a way to get rid of yard waste. Permissible times are 7 a.m. to midnight and when the fire danger is at or below the category of"High." Chief Esbensen noted the City is in compliance with the State Fire Code. He added we do have a location exception for portable screened fireplaces if they are kept at a safe place and distance from structures and are located on hard pavement or bare ground. Chief Esbensen provided results of the survey indicating the City is in line with other cities in the metro and greater Minneapolis area. Eden Prairie does not require a permit, but does provide guidelines to be printed and onsite during a recreational fire. Most cities in the Metro area do not require permits. Two of 15 cities require a nominal fee for a permit and two others require an inspection in order to get a permit. Staff s research concluded our CITY COUNCIL MINUTES August 16, 2016 Page 9 permissible times, spacing rules, burning materials, and fire size are quite common and in-line with other cities' requirements. Case inquired about branch size permitted. Esbensen responded rules indicate no smaller than a 3" diameter and specify no grass, leaves, or painted wood. Case then asked about burning green wood or small branches attached to larger wood pieces. Esbensen responded those would be primarily pine branches, which would not be allowed. He noted City staff primarily responds to complaints, and staff would tell people to trim small branches from the 3" branch. Tyra-Lukens inquired how residents would know they need to have guidelines printed without permits being required. Esbensen responded our website specifically states residents must have a printed copy of guidelines on hand. Tyra-Lukens then asked about the number of calls received regarding recreational fires. Chief Esbensen responded fewer than 20 calls per year are received, and they are typically in spring and fall when people are using fires to burn leaves. Tyra-Lukens stated the complaints she receives regarding fires are often in regard to frequency. She asked if any cities have regulations on frequency of recreational fires. Esbensen stated he was not aware of any He added many complaints come days later, and the Department encourages residents to call immediately so the 911 center can respond and educate the offenders. Mayor Tyra-Lukens stated her appreciation of the research and thanked Esbensen and his staff for the report. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:40 p.m.