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City Council - 09/05/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 8, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 8, 2017 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council workshop and to approve the minutes of the City Council meeting, both held Tuesday, August 8, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS CITY COUNCIL MINUTES September 5, 2017 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2017 AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS AND ADOPT RESOLUTION NO. 2017- 89 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF ORDINANCE NO. 16-2017 AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE PEST CONTROL AND ADOPT RESOLUTION NO. 2017-90 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION NO. 2017-91 REQUESTING A VARIANCE FROM STATE AID STANDARDS TO ALLOW FOR 10% TRAIL GRADES ON EDEN PRAIRIE RD BETWEEN CSAH 61 AND FREDERICK PLACE E. ADOPT RESOLUTION NO. 2017-92 SUPPORTING GRANT APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS FOR PROP, THE PROP SHOP, EDENDALE,AND IMMANUEL LUTHERAN G. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS ALLOWING EDEN PRAIRIE POLICE DEPARTMENT TO ASSIST MPD WITH RESPONSE TO SUPER BOWL 52 H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN PHASE SERVICES FOR RILEY LAKE PARK RENOVATION I. AWARD CONTRACT FOR REHABILITATION OF THE PARKING LOT AND TRAILS AT RICE MARSH LAKE PARK TO BITUMINOUS ROADWAYS, INC. Getschow said there is a change to Item F approving rehabilitation deferred grant program agreements. This is the item that involves Community Development Block Grant(CDBG) funding for physical improvements to the facilities listed. It is essentially pass-through money. The agreement with Edendale has not been finalized, so Item F should be approved with the exception of Edendale. CITY COUNCIL MINUTES September 5, 2017 Page 3 MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-I on the Consent Calendar, with the exception of the agreement for Edendale in Item F. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE, UTILITY,AND ROADWAY EASEMENTS LYING OVER OUTLOT B, PRAIRIE BLUFF AND DRAINAGE AND UTILITY EASEMENTS LYING EASTERLY OF HENNEPIN TOWN ROAD AND SOUTHERLY OF PIONEER TRAIL Getschow said we are not prepared to pass this resolution to vacate the easement tonight because the developer continues to work with one of our utilities. He asked the Council to open the public hearing and hold the hearing,but the resolution for vacation would be included in a future Council agenda. Tyra-Lukens opened the public hearing. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. B. EDEN PRAIRIE ASSEMBLY OF GOD by Station 19 Architects. First Reading of an Ordinance for PUD District Review on 10.06 Acres (Ordinance) Getschow said the Eden Prairie Assembly of God church is proposing an addition and remodeling of the property. There are no waivers required with the project. The Planning Commission recommended approval of the project. Nicole Thompson, representing Station 19 Architects, gave a PowerPoint presentation reviewing the plans for the property expansion. The expansion will add about 12,000 square feet on the northeast corner of the building. The 186 parking stalls with seven handicapped accessible stalls will remain. They plan to preserve a 20" maple on the north side of the site and will relocate the bike racks. There will be some additions to the landscaping, particularly around the north side of the site She reviewed the site elevations and displayed the exterior finishes planned for the project. She noted there are some nonconformities that exist,but the church would like to address those at a future building phase. Jack Perrin, Pastor of Eden Prairie Assembly of Good, said the church is not considered a mega-church. They are looking for an opportunity to enhance the base facility to invest more into the community. He reviewed the amenities and programs the church offers to members of the community. There were no comments from the audience. CITY COUNCIL MINUTES September 5, 2017 Page 4 MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing; to approve first reading of an ordinance for PUD District Review on 10.06 Acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. Case commented he was very happy with the project. He noted there were a couple of things that were noncompliant, and the decision was made to address those the next time they come in for a project. He asked if that follows historical precedence and why we would not address some of the nonconformities now. Jeremiah replied staff wanted to work with the church with regard to their resources and what would make sense to bring the project into gradual compliance. They have plans to do additional improvements in the future, and the noncompliant items could be rectified in the future. We have done similar things in the past. C. CODE AMENDMENT RELATED TO PARKS AND OPEN SPACE ZONING DISTRICT by City of Eden Prairie. First Reading of an Ordinance Amending City Code Chapter 11, Relating to Parks and Open Space Zoning District (Ordinance) Getschow said the Comprehensive Guide Plan adopted in 2009 includes a land use category for Parks/Open Space. There are a number of properties in the City that are designated as Park/Open Space in the 2009 Comprehensive Plan, and those properties are currently zoned a variety of different zoning districts. For the past several months, staff has been preparing draft language to create a new Park and Open Space Zoning District and associated regulations. The intent of the Park and Open Space Zoning District is to ultimately apply these draft zoning regulations to publicly-owned parks and open space in order to bring the Comprehensive Plan and Zoning for these sites into compliance. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to approve first reading of an ordinance amending City Code Chapter 11, relating to adding the Park and Open Space Zoning District and associated amendments of other sections of Chapter 11 related to the Park and Open Space Zoning District. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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 CITY COUNCIL MINUTES September 5, 2017 Page 5 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Adopt Resolution No. 2017-93 Certifying the Proposed 2018 Property Tax Levy, Accepting the Proposed 2018 Budget, Setting the Date for Public Hearin, and Consenting and Approving the HRA Tax Levy Getschow said by September 29 cities in Minnesota must adopt a proposed net property tax levy and accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. He noted we have a two-year budget in Eden Prairie. We began putting together the 2018 and 2019 budget earlier this year. The two-year budget process begins with work done on the department work plans. There have been several Council workshops devoted to setting goals and putting together the budget documents. Getschow said we will kick off the official public engagement process in September and October, and notices will go out in November, based on action in the preliminary budget for taxes next year. There will be a hearing on the 2018 budget at the December 12 City Council meeting. Accepting the proposed 2018 budget and levy sets a ceiling for the levy. The proposed levy includes a 3.9% increase for 2018, and a 3% increase for 2019. He noted this is a very conservative levy and budget. The plan is to provide a completely balanced budget while not increasing the levy beyond the 3.9% increase. Values of homes in Eden Prairie continue to go up, so the proposed 2018 levy will result in an approximate 3.5% increase for the median value home. A $2,000,000 commercial property will see an increase of under 1%. The Council will be looking at the enterprise fund budgets and will further refine this budget before final action is taken in December. Tonight's action is to set a preliminary levy and budget. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-93 that certifies the proposed 2018 property tax levy to be $37,149,820; sets December 12, 2017 as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2018 budget of$48,767,526; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. CITY COUNCIL MINUTES September 5, 2017 Page 6 C. REPORT OF 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 XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:47 p.m.