Loading...
City Council - 05/16/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 16, 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. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HERITAGE PRESERVATION AWARD Steve Olson, Chair of the Heritage Preservation Commission, announced the recipient of the 2017 Heritage Preservation Award was Jim Clark. He reviewed Mr. Clark's accomplishments in the area of heritage preservation and noted he was nominated by the Eden Prairie Historical Society. Mayor Tyra-Lukens presented the award to Mr. Clark. B. AWARD OF EXCELLENCE FOR COMMUNITY CENTER AQUATICS & FITNESS EXPANSION Aimee Peterson, representing the Minnesota Recreation and Parks Association (MRPA),reviewed the history and objectives of the MRPA. She said the MRPA's 2016 Award of Excellence is being given to the Parks & Recreation Department for the Eden Prairie Community Center Aquatics & Fitness expansion. Valerie Verley, Community Center Manager, accepted the award. Mayor Tyra-Lukens thanked Ms Verley, Mr. Lotthammer, the Parks & Recreation Department, the Parks Commission, and all the potential users who had input into the expansion plans for the facility. CITY COUNCIL MINUTES May 16, 2017 Page 2 MOTION: Aho moved, seconded by Butcher Wickstrom, to receive the Minnesota Recreation and Parks Association (MRPA) —Award of Excellence for the Community Center Aquatics & Fitness Expansion. Motion carried 4-0. C. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Getschow said the City Council spent an hour in their workshop meeting tonight receiving an in-depth presentation of the CAFR. Chris Knopik, representing Clifton Larson Allen LLP, gave a PowerPoint presentation of the results of the 2016 audit. He said the City received an unmodified (clear) opinion for the December 31, 2016, financial statement audit. He reviewed the revenue, expenditures and the fund balances for the general fund and each of the enterprise funds. He noted the estimated market values of properties in the City increased, and they do expect those values to come back to the 2008 and 2009 levels. He said there was a slight decrease in the City's 2016 tax rate from 2015, and the rate is significantly lower than cities in the seven-county metro area, as well as cities state-wide. He noted the City maintains a Aaa bond rating and expects Eden Prairie will again receive the GFOA Certificate for Excellence in Financial Reporting. He reviewed a potential impact that may occur as a result of the new Government Accounting Standards Board Statements 74 and 75. Tyra-Lukens thanked Mr. Knopik for his presentation. She noted the City always tries to be conservative in budgeting and spending. She was pleased to see how much lower our tax rate is compared to other similar cities. MOTION: Butcher Wickstrom moved, seconded by Aho, to accept the 2016 Comprehensive Annual Financial Report (CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 2, 2017 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council workshop held Tuesday, May 2, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 2, 2017 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 2, 2017. Motion carried 4-0. CITY COUNCIL MINUTES May 16, 2017 Page 3 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow said Item VIII.L. should be removed from the Consent Calendar because staff needs to reject all bids received. A. APPROVE SECOND READING OF ORDINANCE NO. 8-2017 AMENDING CITY CODE SECTION 2.05, RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS AND ADOPT RESOLUTION NO. 2017-54 APPROVING SUMMARY ORDINANCE B. ADOPT 2017 GENERAL FUND BUDGET ADJUSTMENT C. ADOPT CITY'S FINANCIAL POLICIES D. ADOPT INVESTMENT POLICY E. ADOPT RESOLUTION NO. 2017-55 AUTHORIZING APPLICATION FOR LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT PROGRAM FOR ELEVATE @ SOUTHWEST STATION PROJECT F. ADOPT RESOLUTION NO. 2017-56 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT (WHAHLT) G. ADOPT RESOLUTION NO. 2017-57 APPROVING THE COOPERATIVE FUNDING AGREEMENT WITH HENNEPIN COUNTY FOR FAIR HOUSING ACTIVITIES H. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS TO PROVIDE FIREWORKS AT THE 4 OF JULY HOMETOWN CELEBRATION AT ROUND LAKE PARK I. AWARD CONTRACT TO H&B SPECIALIZED PRODUCTS FOR PURCHASE OF DUGOUT COVERS AT FLYING CLOUD EXPANSION BALLFIELDS J. AWARD CONTRACT FOR REMODEL OF ART CENTER WORKROOM TO INTEGRITY DESIGN AND REMODELING K. AWARD CONTRACT FOR REMODEL OF COMMUNITY CENTER FACILITIES OFFICES TO TERRANOVA CONSTRUCTION L. AWARD CONTRACT FOR 2017 CONCRETE SUPPLY TO CEMSTONE CITY COUNCIL MINUTES May 16, 2017 Page 4 M. AWARD CONTRACT FOR SUMP PUMP COLLECTION SYSTEM PROJECT TO MINGER CONSTRUCTION COMPANY N. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF W. 62 STREET AT-GRADE CROSSING O. AWARD CONTRACT WITH REPUBLIC SERVICES FOR 2017 ANNUAL COMMUNITY CLEAN UP DAY P. ADOPT RESOLUTION NO. 2017-59 REQUESTING A LIMITED USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-K and M-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. HUELER PROPERTY by Greg and Kellie Hueler/Pemtom Land Company. Resolution No. 2017-58 for preliminary plat of one lot into three lots on 4.46 acres. Getschow said the project involves the subdivision of a 4.46-acre property into three single family lots. The property is located at 12300 Riverview Road, and overlooks the Minnesota River. The property is guided Low-Density Residential and is currently zoned R1-13.5. The guiding and zoning of the property allows the proposed development, and no waivers are being requested. There is an existing single-family home on the property that is proposed to remain. The other two lots are being created for future single-family homes. The Planning Commission voted 8-0 to recommend approval of the project, subject to the conditions of approval in the planning staff report at the May 8, 2017 meeting. Dan Blake, representing Pemtom Land Company, reviewed the project. He said they have decided to continue with their plans for a common driveway for the three lots in order to retain flexibility. There will be a conservation easement over part of the property. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2017-58 for preliminary plat of one lot into 3 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Nelson commented she was glad they are taking into account the steep slopes and the possible erosion from the river. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MINUTES May 16, 2017 Page 5 B. CODE AMENDMENT RELATED TO WETLANDS by City of Eden Prairie. First reading of an ordinance amending City Code Section 11.51, relating to wetlands. Getschow said City Code Section 11.51 is being amended in response to comments received from the Lower Minnesota River Watershed District. The revisions bring the wetland code up to date with current state law and clarify the process and procedures related to wetland applications and review. 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 Section 11.51, Standards for Protection of Wetlands. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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 Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Summary of City Manager Review Tyra-Lukens reported the City Council went into closed session at the May 2, 2017, meeting, to evaluate the 2016 performance of City Manager Getschow. The evaluation determined that the City Manager exceeds expectations, provides excellent leadership, and leads the City in providing excellent services with a low tax rate. 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver Related to the Salary Cap She said the City Manager currently receives a salary of$170,000. In order to receive an increase in his salary, we must submit an application to request a waiver of the current maximum salary allowed under Minnesota State statutes. She recommended we submit an application in light of City Manager Getschow's excellent review. CITY COUNCIL MINUTES May 16, 2017 Page 6 MOTION: Butcher Wickstrom moved, seconded by Nelson, 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 an annual salary of up to $175,100.00 to accommodate a salary increase effective January 1, 2017, and, if a waiver is granted, authorizing the increase of City Manager Getschow's salary up to the amount of the waiver requested. Motion carried 4-0. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Kopesky 2nd Addition Trail Connection Tyra-Lukens said this item is not a public hearing, but she would allow some discussion tonight because the discussion of the trail was something new proposed at the April 18th City Council meeting. Jeremiah said at the April 18th City Council meeting the City Council approved first reading of the Kopesky 2nd Addition project, with the added condition of a trail connection to the existing Dell Road trail between Lots 2 and 3 at the end of the Dove Court cul-de-sac. City Council direction was given to staff and the developer that plans be revised to reflect the added trail connection and asked staff to draft a development agreement and bring the revised plans and the development agreement back for review by the City Council. Staff reviewed the trail with regard to safety, and at this point are asking the Council to reaffirm the direction from April 18th and to agree the trail should be added. Charlie Howley, chief engineer for HTPO, thanked the Council for their approval of the preliminary plat. He said they reviewed the design of the trail and do not believe it is the right fit. The comments they have received from the neighborhood do not support a trail,primarily because it may not provide the anticipated convenience to destinations nearby. Jeff Siram,real estate attorney representing the Kopesky's, said a sidewalk currently exists at 82nd Street, and that is where the residents near the project would be most likely to go. The topography of the trail site would cause the trail to have a steep decline to Dell Road and could cause a risk for accidents. It would be much safer for residents and children to take the existing path down to 82nd Street. Tyra-Lukens asked if the trail could be sloped less steeply into the trail on Dell Road. Ellis replied they could change the slope coming off the cul-de- sac so it would be gentler. He cited several precedents for adding a trail CITY COUNCIL MINUTES May 16, 2017 Page 7 when cul-de-sacs are updated. He said the new trail would provide a short cut of about 1/3 mile for anyone who wants to go north from the neighborhood on Dell Road. In addition, the existing intersection at 82nd Street does not provide the best sight lines and is not the best crossing for Dell Road. Water and sewer lines run right along the proposed trail location, and adding the trail would be better for the City in terms of fewer future problems for utility maintenance. Mr. Siram noted the trail would not intersect into an existing sidewalk. Tyra- Lukens responded there are lots of trails that go into other trails in Eden Prairie. She felt we have so many cul-de-sacs in the City, and, if we were developing this area on the grid system, there would be a connection to Dell Road. She was in favor of anything we can do to help create connections between neighborhoods, and this one seems like a small connection to make to the trail system. Nelson said the neighborhood around the cul-de-sac does not have sidewalks and going into a trail is not as good for walking as a sidewalk would be. She would rather see the narrowest trail possible. Tyra-Lukens said she hoped the trail can be put in at an angle so the slope is not so great. MOTION: Butcher Wickstrom moved, seconded by Aho, to reaffirm City Council's direction on April 18, 2017, for the first reading to include a trail connection from Dove Court to Dell Road. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bid and Authorize Contract with Odessa II, LLC for Riley Lake Park Improvement Project Lotthammer said staff provided detail about the Riley Lake Park master plan at a previous meeting. The bids were opened and ranged from$1,500,000 to $2,300,000. They had estimated the project to come in at$1,700,000. He reviewed the items included in the base bid and each of the six alternates. He noted staff recommends awarding the base bid and five of the six alternates to Odessa 11, LLC. Staff recommends rejecting Alternate C which would have installed waist height bollard lighting along all the new trails because of the cost/benefit of that alternative. Alternate C could be done sometime in the future. Lotthammer said there were concerns raised about the number of parking stalls for boat trailers. The master plan includes 22 parking spaces and was based on the number of people observed parking on Riley Lake Road on busy days last summer. They are hoping to discourage parking along Riley Lake Road and Pioneer Trail. He noted an analysis of the traffic and parking requirements is difficult. It would be possible to build it as it is proposed today and then reduce the number of parking spaces later, perhaps by CITY COUNCIL MINUTES May 16, 2017 Page 8 widening the spaces if extra parking is not needed. There will be signs in the upper area that specify car parking only. He reviewed some traffic counts from busy summer days in 2016. Staff is recommending moving forward with the contracts tonight so construction could start on July 10. They plan to let the neighbors know in advance when the boat launch will not be available. Nelson asked where cars would be allowed to park and where the handicapped parking would be. Lotthammer said there is no car parking allowed in the trailer parking lot. There is a large parking area for cars near the beginning of the trail system that also includes handicapped parking. There are a few handicapped parking spots in the trailer parking lot. Nelson then asked about parking for the "Let's Go Fishing" program. Lotthammer said participants in that program arrive in a 15-person van. Nelson said she would like to see two boat spots converted into handicapped parking, which would also reduce the number of trailers. Tyra-Lukens suggested we can change it later if we find there is not enough handicapped parking. Butcher Wickstrom liked the idea of having flexibility. She asked if adding extra stalls for boats and trailers would push the potential number of boats on the lake which might have a negative impact on the lake. Lotthammer replied people are expressing concerns about that possibility, especially those who live on the lake. This proposal would allow five to seven more trailer parking spots. There might be a negative impact on the lake traffic on heavy days. Butcher Wickstrom asked about the average amount of time that boaters are out. Lotthammer said they haven't calculated that figure,but it would be weather-related and would depend on the activity. Tyra-Lukens noted the fact may or may not be true that additional boat owners would then come to the lake and have to park on Pioneer Trail. She asked if there is a reason the "No Parking" zone on Pioneer Trail cannot be extended. Lotthammer said that is a County road, so the County would have to approve it. Tyra-Lukens commented we could petition Hennepin County to extend the"No Parking" zone if parking on the road persists. Lotthammer said we are bound by DNR rules regarding public boat launches, so we don't have the authority to stop boat launching on the lake. MOTION: Aho moved, seconded by Nelson, to accept the base bid and alternates A, B, D, E & F and to authorize entering into a contract with Odessa II, LLC. for the Riley Lake Park Improvement Project. Motion carried 4-0. Tyra-Lukens noted we are just awarding the bids tonight. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES May 16, 2017 Page 9 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:15 p.m.