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City Council - 10/03/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 3, 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 p.m. Council Member Aho was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM KINDERBERRY HILL (Resolution No. 2017-101) Lotthammer said this is a donation of$1,500 from Kinderberry Hill Child Development Centers for the 2017 KidStock entertainment and the Summer Musical, Honk. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2017-101 accepting the donation from Kinderberry Hill Child Development Centers in the amount of$1,500 to be used toward KidStock entertainment and the Summer Musical, Honk. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES October 3, 2017 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19, 2017 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, September 19, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 2017 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, September 19, 2017. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. ELEVATE by Timberland Partners. Second Reading of Ordinance 18-2017-PUD- 4-2017 for PUD District Review with Waivers and Zoning District Amendment from C-REG-SER to TOD-R on 2.93 acres; Resolution 2017-102 for Site Plan Review on 2.93 acres and Development Agreement. Location: 12900 and 12950 Technology Drive; Resolution 2017-103 Adopting a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 and Establishing Tax Increment Financing District No. 22 (Elevate Apartments) and Adopting a Tax Increment Financing Plan. (Ordinance No. 18-2017-PUD-4-2017 for PUD District Review and Zoning District Amendment; Resolution No. 2017-102 for Site Plan Review; Resolution No. 2017-103 Adopting Modification to Redevelopment Plan for Project Area 5, Establishing Tax Increment Financing District No 22 and Adopting a Tax Increment Financing Plan) B. ADOPT RESOLUTION NO. 2017-104 VACATING DRAINAGE, UTILITY AND ROADWAY EASEMENTS LYING OVER OUTLOT B, PRAIRIE BLUFF AND EAST OF HENNEPIN TOWN ROAD AND SOUTH OF PIONEER TRAIL C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADE TO ENTERPRISE COMPUTER AIDED DISPATCH D. APPROVE ANNUAL MAINTENANCE AGREEMENT WITH MOTOROLA FOR SERVICE ON EPFD LOGGERS AND DISPATCH CONSOLES E. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN EDEN PRAIRIE AND HENNEPIN COUNTY TO ALLOW HENNEPIN COUNTY SHERIFF'S OFFICE TO ANSWER EDEN PRAIRIE SMS TEXT-TO-9-1-1 CALLS Getschow said Item VIII.D. may need some language revision; therefore, that item should be approved subject to approval of the City Attorney. CITY COUNCIL MINUTES October 3, 2017 Page 3 MOTION: Nelson moved, seconded by Case, to approve Items A-E on the Consent Calendar, with Item D subject to approval of the City Attorney. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with 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 COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball Update Lotthammer said he will give an update on the discussion at the Parks Commission last night and will provide some cost estimates obtained for the pickleball courts. He said a feasibility study was completed in 2016, and in January, 2017, the City Council authorized the Southwest Metro Pickleball Club to move forward with efforts to raise funds and naming rights. In July, 2017, the Council gave feedback to staff to move forward with cost estimates. He noted pickleball is an evolving sport. Eden Prairie got involved in 2012 when we made changes to the tennis courts at Pioneer Park and Riley Lake Park. In addition, a permanent pickleball court was developed at Franlo Park. There were complaints about the ball not bouncing properly on the tennis courts. We have determined that problem can remediated somewhat by adding another layer of surface on the top of the tennis courts, and we are planning to do that. Lotthammer said we have seen a decrease in the use of some of our courts as our neighboring cities have added pickleball courts. Regular pickleball players prefer to use the permanent pickleball courts. In the next several years we expect to see other communities build pickleball courts, and that CITY COUNCIL MINUTES October 3, 2017 Page 4 will continue to change the use of our courts. We have looked at adding pickleball courts at neighborhood parks, such as Hidden Ponds and Rice Marsh, for the use of families in those neighborhoods. Our park maintenance plans include renovation of those parks in the next three to five years, and they have basketball and tennis courts that need to be redone. Case asked if we have good data on how we use the tennis courts at the neighborhood parks. Lotthammer replied he recently checked out the use of the tennis courts, and the tennis courts in several of our parks were being used quite heavily. He noted we have been seeing a lot of use of the tennis courts by individuals of Indian descent. We have been trying to right size all of the fields, and there are several places where we have been looking at adding in one or two pickleball courts. Nelson asked where we would have multiple pickleball courts and other amenities so there could be tournament play. Lotthammer replied the feasibility study identified the Staring Lake Park location for 12 pickleball courts near the basketball and tennis courts. He showed the plans developed for those courts that included a concrete plaza between two sets of six pickleball courts with benches, tables for gathering, and shade structures. There would be a fence between each pickleball court and around all of the courts, two water fountains, and an area for recycling. He reviewed the cost estimates for the Staring Lake Park plan, which included estimated costs for developing a four-court facility, an eight-court facility, and a 12-court facility. He reviewed the benefits for each of the three options. He noted a four-court facility would have the least impact to other events in the park, the sand volleyball court could be retained where it is now, and it would provide an incremental approach that would allow us a better understanding of use of the pickleball courts. An eight-court facility would mean the relocation of the sand volleyball court and would likely have more of an impact on other events in the park. A 12-court facility would provide more of a regional attraction;however, it would mean the relocation of the sand volleyball court and would conflict more with other events planned in the park. Case asked how much of the total cost for the three options would be included for the NURP pond. Lotthammer replied that is included in the cost estimates;however, the biggest cost driver for the pickleball courts is the asphalt, the cost of which is driven by oil prices. He noted they have not done soil samples in the area. He was comfortable with the cost estimates for the three options, and there would be some economies with fewer courts. Case believed we have experience with soils in the bluffs area, and some of the site preparation for additional courts would have to be done even if we started with fewer number of courts and then added on later. CITY COUNCIL MINUTES October 3, 2017 Page 5 Nelson said she would like to see the option for eight courts and believed four courts would be too few. She liked the idea of the benches and tables included in the plans, although high top tables aren't the easiest to use for seniors and kids. We do need to have amenities to go with the courts. It is healthy for seniors who play pickleball to get out and socialize. She understood a tournament would have to be run through the Parks Department, so we could ensure it would not interfere with a community event in the park. She did not see this sport going away, and there are a lot of diverse types of people able to play this less strenuous sport. She would like to see numbers for 6, 8, and 12 courts. It may be cheaper to do it all now, and we also may need to add amenities at Franlo Park to make that a better place to play. She noted she respects the Parks Commission,but she believes there is a reason for more than four courts. Butcher Wickstrom commented we have to balance the interests of the community very carefully. She asked what the ideal number will be in five years. Lotthammer replied it would depend on what we want this to be. If we want a regional attraction, then the 12-court option would be best. We would have more tournaments and would have to weigh the use by more players who don't live in the community,how it would impact other events held at Staring Lake Park, and how the sport will evolve over time. Over the years our reaction in most cases has been to over build and then to scale back. The Parks Commission's recommendation was to do this incrementally to ensure we don't overbuild. This facility is not included in our long-range plans, and we don't want to spend money for a facility that will not be used in future years. Butcher Wickstrom asked what the cut-off point would be for a regional facility versus a local one. Lotthammer said the Parks Commission suggested asking for a base bid for the four-court facility with alternates for additional courts. We would have the ability to go to six or eight courts if additional funding and fundraising were to become available. The Parks Commission suggested there be no more than eight courts total,because they felt 12 courts would have too much of an impact on other users of the park. The City could fund four courts, with the additional courts funded through fundraising. Except for replacement of the tennis and basketball courts, this project has not been in the budget. He said the plans to renovate the Staring Lake building and the picnic pavilion in 2018 could be moved out beyond that date;however, Staring Lake Park is our best park for winter use and is one of the best in the summer. Butcher Wickstrom noted it is important to be responsive to our residents, and we have responded to requests for pickleball courts since 2012. Lotthammer said to date there has been no fundraising from Southwest Metro Pickleball, and it could be put as a challenge for them to come up with funding for two or four more courts. CITY COUNCIL MINUTES October 3, 2017 Page 6 Case said he appreciated our Parks Commission acting as our point people who have expertise about parks and natural resources. It seemed to him the issue of how many courts has two aspects: the general raw number of courts we need, including the satellite courts we are discussing; and the socialization of the game which could be limited by having only two or four courts. He did not know if it is up to Eden Prairie to supply that need for socialization. We should have a critical mass of courts that allows for the two aspects of the game. He believed eight courts makes the most sense now. He thought there may be a way to do eight courts by taking the money for the building renovations and doing what we need in pickleball. Every city is asking the pickleball association to raise money,but building eight courts with a potential of two or four more would be a way to meet both aspects of the issue. Lotthammer commented some time back the Hockey Association came forward to request a third sheet of ice and then raised funds for that additional ice. Similar fundraising happened with the conservatory and the Community Center Aquatics Center. Our experience has been that once the fundraising is authorized, 60-70% of what you raise comes in during the first few months. In this case, we have presented 12 courts for fundraising, and nobody has come forward. Lotthammer reviewed the timeline for building the pickleball courts. We could develop plans and specifications before January, open bids and award a contract in February or March, begin construction in April or May, and open the facility in July or August of 2018. He reviewed the concerns expressed by the Parks Commission: the overall impact on the park; the concern for the number of years before we replace the buildings at Staring Lake Park; the need for an incremental approach to observe the use and impact of the facility; and the question of building for community use versus regional use. Case said it is not easy to fund $500,000-$1,000,000; however, we have different ways to move funds around to deal with something at any given time. He would like staff to bring back suggestions for funding as well as costs for the different options, and to meet with the Pickleball Club to get a handle on what they could raise in funds. Tyra-Lukens said she was very much in line with the Parks Commission recommendations. Pickleball is a great sport, and she respects the social aspect of it;however, she had some problems with the issue of fairness to the rest of the community when it comes to building facilities. She heard complaints about the condition of the Community Center for years. We upgraded that facility with help from the FoxJets,but that group also pays to use the facility. Community members raised funds for disc golf. The Hockey Association raised a lot of money for the third sheet of ice at the Community Center, and they also pay when they use the ice. She noted this CITY COUNCIL MINUTES October 3, 2017 Page 7 is a big investment in courts that are mainly used during the morning hours. She did not think we should build it for the Southwest Metro Pickleball Club because residents of Eden Prairie will be paying for it. The pickleball courts are not in our CIP, and she had concerns about the noise that would come from that many courts. She believed in incrementalism so that we should develop the plans but start with building four courts. She liked the idea of satellite courts at Hidden Ponds and other locations for those who just want to play and are not part of the Pickleball Club. Getschow said there will be an action item at a future meeting for a consultant to help with the plans for this project. Staff will come back with costs and recommendations for a mix of options. Dennis Gallaher, representing the Southwest Metro Pickleball Club, said pickleball is a gathering sport. He said a four-court complex does not meet the needs of Eden Prairie where there are currently 200 people who want to play pickleball. There is an urgent need for more permanent courts because the current courts are overcrowded and the situation will get worse. He said eight courts might start to solve the situation. They have not done fundraising because there is nothing on the table; however, they did apply for several grants and are waiting to hear about those. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Lower Minnesota River Watershed District Update Ellis said the Lower Minnesota River Watershed District(LMRWD) is updating their watershed management plan. There are a number of changes including a change to the definition of what constitutes a bluff. The current definition includes an area that raises 25 feet within the vicinity of shore land area,has a slope of 30%, and also has a structure set-back from the top of the bluff of 30 feet. They are proposing to change the definition to a slope of 18% anywhere within the watershed district, not just in shore land areas, and increase the structure setback to 40 feet. City staff has drafted a letter that recommends the definition be kept as it is because the change would create a number of nonconforming properties. We have asked them to broaden their public outreach to see how the public would feel about this change. We notified the 175 properties in the City that would be impacted by the change. The LMRWD have agreed to push back the date of the public hearing from October 18 to October 25. They will be notifying individual property owners. He noted Council Members will probably be contacted by citizens about the changes; however, there is not much the City can do to change the planned update. Tyra-Lukens asked if the height definition would remain 25 feet. Ellis said that would not change,but the slope percentage changed and the shore land area structure setback was pushed back. Tyra-Lukens asked if they gave a CITY COUNCIL MINUTES October 3, 2017 Page 8 reason why they are making these changes. Ellis said they did not provide a statement of reasonability which would have explained why the changes are necessary. Tyra-Lukens asked the date of the public hearing. Ellis replied it is October 25 now and will be held at their Chaska offices. Butcher Wickstrom asked if this one watershed district can make this change. Ellis said they can because the legislature has granted them that right. Butcher Wickstrom commented the change would impact so many people. She thought we need to talk to our legislators about giving that power to just one watershed district. Case noted the noncompliance created would impact people who live along the bluff the most, and this almost seems like a taking. He would agree about the legislature getting involved. He didn't think the change would do anything to further protect our lands, most of which have already been built out. Nelson was concerned there would be a lot more land involved. We have done a good job of working to save the bluffs, and the change doesn't seem fair to the homes that have been built there. They have been built well back from the edge of the bluff, yet the new rules will impact many of them. We have been careful with the bluffs and have gone above and beyond to preserve the bluffs. Case said the changes may be out of our purview,but it is within our ability to pass a resolution and make a recommendation. He asked staff to bring back a resolution with rationale to go to the LMRWD. Nelson suggested adding a statement regarding our efforts to maintain the bluff area. Tyra-Lukens asked if letters have gone out to the properties that are affected. Ellis said the Engineering Department sent letters to those homeowners. Getschow said, while there are many properties in Eden Prairie along the Minnesota River, there are other cities in the LMRWD that are commenting on the proposed changes as well. Staff members from some of those cities have shared their comments, and we will pass along our intent to pass a resolution on this matter. Butcher Wickstrom noted we need to copy our legislators on our resolution. Rosow noted it is too early to reach a conclusion about the nonconforming issue,but what is concerning is that property owners are protected to a large extent by the law that pertains to zoning and nonconforming uses; however, this change isn't zoning, so this is a very serious issue. F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES October 3, 2017 Page 9 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 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m.