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City Council - 05/02/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 2, 2017 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. SENIOR AWARENESS MONTH PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 2017 as Senior Awareness Month. Representatives of the Senior Council accepted the proclamation and thanked the City Council for their support. B. TREE DONATION (RESOLUTION 2017-49) Lotthammer said the VanLangendon family has donated $1040.00 to purchase four new trees to be planted at Rice Marsh Lake Park. He said the VanLangendon family also made a similar donation last year. He noted over the next two months more than 100 trees will be planted in City parks and on City property. MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2017-49 accepting the donation in the amount of$1040 from the VanLangendon family towards the purchase and planting of four Serbian spruce trees at Rice Marsh Lake Park. Motion carried 5-0. CITY COUNCIL MINUTES May 2, 2017 Page 2 C. HUMAN RIGHTS AWARDS Molly Koivumaki, Housing and Community Services Manager and Staff Liaison to the Human Rights and Diversity Commission (HRDC), said there are seven human rights awards this year, including one that will go to eight individuals. Four individual awards were presented: HRDC Commissioner Harvey Humes presented an Individual Award to Nausheen Malik; HRDC Commissioner Rehmatbai Sumra presented an Individual Award to Sue Borchert; HRDC Commissioner Ann Martinka presented an Individual Award to Jill Boyd; and HRDC Commissioner Shahram Missaghi presented an Individual Award to Patricia Fenrick. Three youth awards were presented: HRDC Student Commissioner Angie Lin presented a Youth Award to Haley Fuchs; HRDC Student Commissioner Ashwin Senthikumar presented a Youth Award to Abdinasir Nourkadi; and HRDC Student Commissioner Carter Rislove presented a Youth Award to the Miracle Field Boys (Trey Cavello, Bailey Demets, Matt Dolan, Mike Espe, Logan McCarth, Nolan Sullivan, Connor Young, and Jack Zigan). V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 18, 2017 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, April 18, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18, 2017 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, April 18, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2017-50 APPROVING FINAL PLAT OF ROCKWILL ADDITION B. APPROVE PURCHASE OF "MICROSOFT OFFICE" LICENSES THROUGH STATE CONTRACT CITY COUNCIL MINUTES May 2, 2017 Page 3 C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK FOR PRELIMINARY DESIGN SERVICES FOR DUCK LAKE ROAD RECONSTRUCTION IMPROVEMENT PROJECT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR PRELIMINARY DESIGN SERVICES FOR HOMESTEAD CIRCLE RECONSTRUCTION IMPROVEMENT PROJECT E. AWARD CONTRACT FOR 2017 STREET BITUMINOUS MILL AND OVERLAY PROJECT TO GMH ASPHALT CORPORATION F. AWARD CONTRACT FOR 2017 SEALCOATING PROJECT TO ALLIED BLACKTOP COMPANY G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2017 WATER QUALITY MONITORING PROGRAM H. AWARD CONTRACT FOR PURCHASE OF VIDEO CAMERA SYSTEM TO VIDEOTRONIX INC. MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF UTILITY EASEMENT DEDICATED ON STARRING LAKE FIRST ADDITION OVER LOTS 1 THROUGH 7, BLOCK 2 (RESOLUTION NO. 2017-51) Getschow said there has been a request to vacate the utility easement dedicated over Lot 5, Block 2, on the plat of Starring Lake First Addition. The easement, as platted on Block 2,runs through the center of Lots 1 through 7, and a number of homeowners now have auxiliary structures encroaching on the easement. Staff has determined the utility easement is not in use, so vacating the easement will eliminate a number of lots with encroachments. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2017-51 vacating all the Utility Easement as dedicated on the plat of Starring Lake First Addition, over Lots 1 through 7, Block 2, Hennepin County, Minnesota. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES May 2, 2017 Page 4 MOTION: Aho 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. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS Getschow said at previous City Council workshops and meetings there was a desire for staff to take a look at potential changes to the compensation of the Mayor and City Council Members. Staff has prepared an amendment to Section 2.05 of City code that would implement automatic cost-of-living increases to the salaries of the Mayor and Council Members. The cities of Edina, Plymouth, and Woodbury currently provide for these types of increases in their ordinances. The draft ordinance ties the increase to the percentage increase in the Compensation Limit for Local Government Officials (the so-called"Governor's Salary Cap"). Because Minnesota Statutes § 415.11 allows salary increases to take effect only after the next municipal election, these cost-of-living increases would be implemented biannually. Each increase would become effective on January 1 after the preceding regular City election, held in even-numbered years. Getschow said the draft amendment contains blank lines for the Council to discuss whether to adopt lump-sum increases in Mayor and Council Member salaries. Any such increases would take effect on January 1, 2019. Tyra-Lukens asked how this is done in conjunction with the Governor's Salary Cap. Rosow replied the compensation limit is adjusted annually based upon the percentage increase in the consumer price index from October of the second prior year. There is a question of doing it annually or every two years, and we have asked other communities how they do it. Considering how political things are at this time, Tyra-Lukens asked what would happen if the State decided they will do something different with the compensation limit. Rosow replied the statute that discusses the increase would have to be amended to delete the annual increases in the maximum amount of compensation paid to government employees. Case asked if the change would be the cumulative of the increases for the two years. Rosow replied, as written, it would be added together,but the City Council could choose to use only the most recent year's increase. Tyra-Lukens said the last increase occurred in 2012. She believed the salaries should be in line with our peer cities. Staff drew up a document to show what our peer cities do. There is a great range in the amount of compensation in those other cities. She suggested we look at those cities that have had a fairly recent reassessment of salaries such as Maple Grove, Edina and Apple Valley. Those three cities had an average increase of$800 in the Mayor's salary and $300 in CITY COUNCIL MINUTES May 2, 2017 Page 5 Council Members' salaries. She noted none of the Council Members are doing this job for the money; however, compensation should be reasonable and somewhat commensurate with the work we do. We want to encourage people to do these jobs, especially younger people. She noted a Council Member could donate the money back to the City or to a City event if we personally don't want the increase. At least there would be a reasonable salary for future Council Members. She suggested salaries be raised to the average of the six cities (not including the highest and the lowest salaries on the list) and then be indexed after that. Case said he would agree. He noted we pride ourselves that Eden Prairie has the top Police and Fire Departments in the State, and we have been named the Number One city. He would support a small percentage increase every two years. Tyra- Lukens asked if he believed there should be an initial adjustment plus an additional increase of the indexed percentage to start so the base salary would be similar to the current average of the six cities. Case said he would support that. Aho said we have had this discussion many times. We have all indicated that none of us want to do it for our benefit,but going forward it makes sense to attract younger people to the position. Nelson said she thought we make enough compensation to cover expenses. Council Members spend a lot more time than just attending City Council meetings, so we will never be paid commensurate to the time it takes to do the job. MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading of an ordinance amending City Code Section 2.05 relating to salaries of the Mayor and Council Members, effective January 1, 2019, with an annual salary base of $14,378 for the Mayor and $11,054 for Council Members and with adjustments in a percentage equal to the total percentage increase since the last salary adjustment contained in the Compensation Limit for Local Government Employees. Motion carried 4-1, with Nelson opposed. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Adopt Resolution No. 2017-52 Recommending Appointment of Mark Brown to the Vacant Term on the Board of Managers for Lower Minnesota River Watershed District 2. Adopt Resolution No. 2017-53 Recommending Appointments to the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District CITY COUNCIL MINUTES May 2, 2017 Page 6 Getschow said there are three watershed districts in our community, and it has been a goal of the City Council for the last few years to play a more influential role in bringing forth potential candidates for the boards of managers of the watershed districts. Last year the Council sent a letter of support to the Hennepin County Commission for Peter Iverson to serve on the Riley-Purgatory-Bluff Creek(RPBC) Watershed District; however, he was not named to their Board of Managers. Getschow said a resident, Mark Brown, has expressed interest in serving on the Board of Managers for Lower Minnesota River Watershed District. He reported there are two openings this year on the five-member Board of Managers of the RPBC Watershed District. Six residents have expressed interest in applying for the position. The Council can choose a minimum of three names to include in a resolution of support for the appointment of those individuals to the Board of Managers. The same list of names may be submitted for both of the two openings on the Board of Managers. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2017-52 recommending the appointment of Mark Brown to the vacant term on the Board of Managers for the Lower Minnesota River Watershed District. Motion carried 5-0. Tyra-Lukens noted submitting such a list of names for the RPBC Watershed District ties the hands of the County Commission to select someone on the list. She said her goal would be to have as many people as possible from which to choose, and she would prefer to put all six names on the list for both positions. Nelson suggested putting four names on each list because several people have expressed interest. She noted she would like to see some changes on the Board of Managers. Aho said he would like to see some changes on the Board of Managers. There have been a number of people who have served on the Board for a long time, and it would be good to get some change. He proposed we put four or five names on the list. MOTION: Nelson moved to adopt Resolution No. 2017-53 recommending the appointment of Jim Bracke, Paul Bulger, John Kirk, and Dick Ward to the first term expiring, and Jim Bracke, Paul Bulger, John Kirk, and Dick Ward to the second term expiring on the Board of Managers for the Riley- Purgatory-Bluff Creek Watershed District. Aho said he would prefer to see five names on each list. Nelson withdrew her motion. CITY COUNCIL MINUTES May 2, 2017 Page 7 MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2017-53 recommending the appointment of Jim Bracke, Paul Bulger, Peter Iverson, John Kirk, and Dick Ward to the first term expiring, and Jim Bracke, Paul Bulger, Peter Iverson, John Kirk, and Dick Ward to the second term expiring on the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District. Motion carried 4-1, with Tyra-Lukens opposed. B. REPORT OF CITY MANAGER 1. Backyard Chickens Getschow said the Council received the results of the Quality of Life survey at the second meeting in March. The survey contained questions asking for resident opinion about backyard chickens. The discussion of backyard chickens dates back to 2015 when a petition was received from residents asking to allow backyard chickens on residential lots in Eden Prairie. At that time staff did research into surrounding cities that allow backyard chickens. At the March meeting, the Council asked staff to update the report. There is no action requested tonight,rather it is simply a report on the current status of chickens in the southwest metro. Jim Schedin, Zoning Administrator, gave a PowerPoint presentation of the research on backyard chickens. The updated research focused on whether cities tracked the chicken owners and any problems that were encountered from allowing backyard chickens. He noted about 60% of the respondents to the survey expressed some level of support for chickens and about 40% somewhat opposed chickens. He reviewed the answers received to questions of at-large chickens, odor complaints, slaughtering, and tracking of backyard chickens. He noted only Eagan has a licensing system for the owners of chickens. Other cities felt the issues are so few that there was no value in using staff time to do tracking. Getschow noted they also asked whether there was any impact on property values; however, none of the cities that allow chickens has monitored property values, and did not see that as an issue. Nelson asked if the cities that allow chickens insist the chickens have some kind of fencing. Schedin said in his experience cities require a coop of a certain size set back from the property line with a fenced chicken run. Some cities require netting over at the top of the run. Most of them require the coop to be in the backyard or side yard. Nelson asked if there are restrictions as to the size of the yard such that a townhome could not have chickens. Schedin said most of the cities limit chickens to single family homes, and Bloomington also requires a setback of 100 feet. He noted there would be a means to address that if the Council wanted to limit the size or type of dwelling. CITY COUNCIL MINUTES May 2, 2017 Page 8 Nelson said a number of people have said they want chickens because they want their children to see the life cycle. She asked how other cities handle the issue of slaughter. Schedin said most of the cities prohibit slaughtering. Butcher Wickstrom said she was pleased to see the results of the survey bear out her desire to allow chickens in Eden Prairie. She was concerned about the wintering of chickens in coops. Schedin said some ordinances have terms regarding provisions for chickens during the winter. Minneapolis also has a program called"rent-a-chicken," where farms would supply chickens to a resident during the warmer months of the year. Butcher Wickstrom commented there are a lot of reasons people want chickens. She suggested some schools might want to have chickens. Case noted all we are doing tonight would be to agree to direct staff to bring back a draft ordinance. He thought staff is looking for direction and consensus among the Council Members. He felt we have come to the point where the obstacles have been removed. Every one of our neighboring cities, except Chanhassen, allows chickens. We try to balance freedom for individuals and land owners with the impact on others around them when we discuss a change in the rules. He assumed staff has heard us talking about our concerns, and they have studied regulations in other cities. He noted most of our ordinances are complaint based, and this would be the same. Aho noted the survey results show that 42% of the respondents were opposed or somewhat opposed to having backyard chickens, so there was not overwhelming support for backyard chickens. There are some areas appropriate for chickens, and some areas are not. The question is how are we going to allow them in areas that are appropriate. He wants to be fair to everyone in the community and did not want to overburden our staff if they have to manage the process. He didn't want any kind of fee structure and wanted to make it clear and definite where we would allow chickens. Butcher Wickstrom asked if we allow rabbits. Schedin said we do. Butcher Wickstrom thought staff could find language that would be appropriate to place limits on the backyard chickens since other cities have done this. Case said we would look at how other cities have done this to make sure we get it right. There is not an overwhelming number of families who want chickens--possibly a dozen in the first year. Nelson said we need to cover the questions about some kind of fencing, how large a yard is needed, disposing of the chickens, and safety in the winter. Schedin noted other cities' codes were written to protect the adjacent property owners. He thought staff could come up with something acceptable to everyone. CITY COUNCIL MINUTES May 2, 2017 Page 9 Tyra-Lukens said she agreed with Council Member Aho that the data did not show overwhelming support on this issue. She was concerned how much of this would be a hassle for animal control and the Police Department and how big a problem it would be for everyone. We need to have some clear-cut information on where you can build a chicken coop. There are a lot of places in Eden Prairie where someone's backyard is someone else's front yard. We need to be very protective of the neighbors. She thought we should have chicken owners registered so we have a list of those who keep chickens and can get appropriate information to them about where to place chickens. Getschow said the City recently started a process to allow bees in apiaries. The City's beekeeping program includes registration,but not licensing. We could have a simple registration system with material available for chicken keeping. Tyra-Lukens commented we would not be able to enforce the program if the owners were not registered. 2. Performance Measurement Program Getschow said the Quality of Life Survey also asked questions about our delivery of services. We have developed a new tool to measure our performance. Aurora Yager, Administrative Intern, reviewed the update to the Performance Measurement Dashboard. She said staff went through a process to see what should be included in the update. All of the measures are categorized under the six goals of the Eden Prairie Promise: Community Well-being and Safety; Economic Vitality; High-quality Efficient Services; Innovative and Sustainable Practices; Preserved and Beautiful Environment; and Sense of Community. The new dashboard adds extra information on each of the six goals, and includes links to other areas of the website where someone could get more in-depth information. It also connects to the Quality of Life Survey. In the future we plan to add benchmarks to all of the measures. Nelson asked if this can be searched for on the website. Yager replied it can. Aho asked if there would be a highlight on the home page for the dashboard. Yager replied the home page has a link, and the home page will be updated as new information is available. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES May 2, 2017 Page 10 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW At 8:24 p.m. the Council moved to closed session. XVII. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:15 p.m.