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City Council - 12/12/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 12, 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. FIRE DEPARTMENT AWARD OF RECOGNITION Fire Chief Esbensen said when a plane crashed in the parking lot of the Huber Funeral Home on October 14, 2017, Huber employee Chad Willard helped to extinguish the flames at the wreckage and to secure the area. Mayor Tyra-Lukens and Chief Esbensen presented the Fire Department Award of Recognition to Mr. Willard. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.2 and XIV.A.3. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES December 12, 2017 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 14, 2017 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, November 14, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 14, 2017 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, November 14, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 21-2017 AMENDING CITY CODE CHAPTER 11 RELATING TO SELF- STORAGE FACILITIES C. APPROVE SECOND READING OF ORDINANCE NO. 22-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO CONDITIONAL USE PERMITS AND WIRELESS COMMUNICATIONS EQUIPMENT AND ADOPT RESOLUTION 2017-113 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. WINDSOR PLAZA-FEDEX by Windsor Plaza LLC. Second Reading of Ordinance 20-2017-PUD-6-2017 for Planned Unit Development District Review on 0.24 acres; adopt Resolution 2017-114 for Site Plan review on 0.24 acres; approve Development Agreement amendment. Location: 11993 Singletree Lane. (Ordinance No. 20-2017-PUD-6-2017 for PUD District Review; Resolution No. 2017-114 for Site Plan Review) E. ADOPT RESOLUTION NO. 2017-115 DESIGNATING 2018 POLLING PLACES F. ADOPT RESOLUTION NO. 2017-116 AUTHORIZING SALE OF REAL PROPERTY ACQUIRED THROUGH A FORFEITURE G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR FINAL DESIGN GEOTECHNICAL SERVICES FOR DUCK LAKE ROAD IMPROVEMENT PROTECT CITY COUNCIL MINUTES December 12, 2017 Page 3 H. AWARD 2018 CONTRACTS FOR WATER TREATMENT CHEMICALS I. AWARD CONTRACT TO MOBILE PRO SYSTEMS FOR THE PURCHASE OF A CAMERA TRAILER J. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2018 AND 2019 MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. SCHEELS by CAPREF Eden Prairie. Resolution 2017-117 for PUD concept review on approximately 20 Acres; first reading of an ordinance for PUD District review w ith waivers on approximately 20 acres. (Resolution No. 2017-117 for PUD Concept Review; Ordinance for PUD District Review with waivers) Getschow said this is a major development project on the site of the former Sears location at Eden Prairie Center. The former Sears space was approximately 212,000 square feet in size including the automotive center. The proposed Scheels construction plans to salvage some of the existing building (approximately 97,000 square feet) and to construct new building space for a total building area of approximately 248,000 square feet. Official notice of this public meeting was published in the November 30, 2017, Eden Prairie News. The project was approved 8-0 by the Planning Commission at the November 13 meeting. Jeff Plauche, representing Arrow Retail, reviewed the project. He said his company arranged the financing for the purchase of the property. Originally they planned to tear down the Sears space and rebuild additional retail stores; however, they decided the Scheels proposal was the best solution for their investment in the mall. Kirk Williams, representing Cypress Equities, said they wanted to replace the antiquated Sears store with something new and exciting. After researching many possibilities, they decided Scheels would provide the best alternative for the community and for the mall. Jason Loney, Director of Construction for Scheels, said the proposed Scheels project will be a unique concept combining retail and entertainment. It will include such attractions as an aquarium, a 45-foot Ferris wheel, a restaurant, footwear sales, a home decor shop, bowling and shooting arcades. They anticipate the project will CITY COUNCIL MINUTES December 12, 2017 Page 4 bring 400 new jobs to the City. In addition, Scheels gives 10% of their profits back to the community. Tiffany Triepke, representing LHB, Inc., gave a PowerPoint overview of the project. She pointed out the varying roof lines of the building and noted the building materials would comply with City code and would be a combination of brick, stone EIFS and metal materials. Erica Christianson, representing LHB, Inc., reviewed the amenities of the building, the parking lot, traffic access, and the landscaping plans. She showed a movie that illustrated the dynamics of the traffic movement around the store and the appearance of the building in daylight and at night. Nelson noted there has already been an incident of someone bringing a gun into the current store location for repair. She asked if there will be a certain area for people to bring their guns in for repair. Mr. Loney replied firearms owners will enter through the front door and will be directed to the gun shop. Customers will purchase guns at the second floor shop, and customers with guns will be escorted by store personnel. Tyra-Lukens asked if there will be bike racks. She noted there are often exhibitors at conferences she attends who have sports-themed bike racks. Ms Christianson said there will be a series of bike racks on the front plaza of the building and also at the widened corner by the sculptures. The bike racks planned are robust and highly secure. Tyra-Lukens asked how many sculptures are planned. Mr. Loney said there will be 12. Tyra-Lukens commented the picture of the building with night lighting is beautiful, as is the landscaping. She thought the building will be a huge draw to the mall. Aho asked when construction would start and when the opening would occur if approval is given tonight. Mr. Williams said construction would start in February and the store will open in September of 2019. Aho then asked if there would be any disruption of service on the roads around the mall. Mr. Williams replied there will be phased construction on the ring roads, and there will be some disruption to parking. He noted the area to be redone is just under ten acres, and they have very carefully planned a phased construction for minimal disruption. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2017-117 for a Planned Unit Development concept review on approximately 20 acres; to approve the first reading of an ordinance for Planned Unit Development District review with waivers on approximately 20 acres; to direct staff CITY COUNCIL MINUTES December 12, 2017 Page 5 to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to authorize staff to issue an early land alteration permit for Scheels at the request of the developer, subject to applicable conditions. Motion carried 5-0. B. RESOLUTION NO. 2017-118 CERTIFYING 2018 PROPERTY TAX LEVY, ADOPTING 2018 BUDGET AND APPROVING 2018 HRA TAX LEVY Getschow said the final 2018 property tax levy, the 2018 budget and the 2018 HRA tax levy must be certified and approved by the City Council at the December meeting. Sue Kotchevar, Finance Director, gave a PowerPoint presentation of the proposed budget and levy for 2018. She said the 2018 budget is going up 4.1%. She reviewed the General Fund revenues, noting property taxes make up 73% of the total. The General Fund expenditures will increase 4.1%. There will be a 3.6% tax impact on a median value home, an 11.2% increase for apartments, and a 0.9% increase for commercial property. Getschow reviewed the budget process and noted this is part of a two-year process that involves a lot of information gathering and discussion. The process began in early 2017 with an evaluation of our community survey results. The two-year work plans for City departments were developed and reviewed during the spring and summer months. In September the Council set the preliminary budget. Staff solicited public input on the budget through the City's Facebook page and other means in October. Goals for the 2018 budget included building a sense of community, providing value to the citizens of Eden Prairie by maintaining high quality City services with a reasonable tax impact, maintaining a strong financial position, and sustaining the current levels of employee morale and engagement. Getschow reviewed the impact of fiscal disparities which pools a portion of the commercial tax base for cities in the seven-county metro area to be redistributed throughout the metro area. He noted Eden Prairie is the No. 2 contributor to that pool Tyra-Lukens asked how the city tax levy comparison for metropolitan cities was developed. Getschow said it is based on similar value homes across the communities included in the comparison. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-118 certifying the 2018 property tax levy to be $37,149,820; to approve the 2018 budget of$48,648,652 as reviewed by the Council; and to approve the HRA tax levy and budget of$200,000. Aho commended staff on a good job in crafting the budget while keeping in mind our CITY COUNCIL MINUTES December 12, 2017 Page 6 goals and the expectations of our citizens. He was not particularly pleased that there is a 4.1% increase in the budget this year,but there will be a lesser amount for 2019 so he thought it was a reasonable solution. VOTE ON THE MOTION: Motion carried 5-0. C. FIRST AND SECOND READINGS OF ORDINANCE NO. 23-2017 APPROVING 2018 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION 2017-119 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Getschow said updating the fee schedule for administration of official controls requires first and second reading of an ordinance. In addition, this year we proposed a public meeting to discuss utility franchise fees. When the franchise fees were established five years ago, we agreed to re-examine those fees every five years. There is a proposal to increase those fees later in the meeting. He said Mr. Ellis will provide a presentation on the franchise fees. Ellis said the franchise fees are the primary funding source for maintaining our network of roads across the City. There are approximately 228 center line miles of streets in Eden Prairie with an average age of 30 years. He reviewed the process used to evaluate pavement condition and the various strategies available to extend pavement life. He commented an aggressive pavement management program can more than double the life of roads. Our goal is to maintain an average of Excellent to Very Good for our pavement condition index. Staff is recommending an increase for residential franchise fees from $2.50 per month per utility to $4.00 per month per utility for the next five-year period. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve First and Second Readings of Ordinance No. 23-2017 updating the Fee Schedule for Administration of Official Controls; and to adopt Resolution No. 2017- 119 approving the summary for publication. Motion carried 5-0. D. RESOLUTION NO. 2017-120 APPROVING 2018 FEE SCHEDULE FOR CITY SERVICES Getschow said this item is a resolution to update the fee schedule for City services that are not covered by ordinance. While there is no requirement to hold a public hearing about these fees, we have chosen to do so. There were no comments from the audience. CITY COUNCIL MINUTES December 12, 2017 Page 7 MOTION: Butcher Wickstrom moved, seconded by Nelson to close the public hearing, and to adopt Resolution No. 2017-120 approving the 2018 Fee Schedule. Motion carried 5-0. E. RESOLUTION NO. 2017-121 APPROVING SPECIAL ASSESSMENT FOR INSTALLATION OF FIRE SUPPRESSION SYSTEM Getschow said the Assembly of God Church located at 16591 Duck Lake Trail, Eden Prairie, MN,has petitioned to be assessed for the installation of a fire suppression system. Minnesota statutes grant cities the authority to construct and promote fire protection systems in existing buildings upon receiving a petition for a property. He noted this is the first time we have received such a petition, even though we have advocated for sprinkled buildings throughout the City. The church is undergoing a major renovation and would like to retrofit a fire suppression system into their building. The church has worked with staff on a special assessment agreement to pay the cost of the system with property taxes over a 20- year time period at 4.55% interest and with a one-time administrative fee of 5%. He noted the Fire Inspector has approved the plans and specifications for the system. Nelson commended the Assembly of God Church on their desire to provide a safer building for their members. She hoped other buildings in similar circumstances will consider this program. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2017-121 approving the special assessment. Motion carried 5- 0. X. PAYMENT OF CLAIMS 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. FIRST READING OF AN ORDINANCE AMENDING FRANCHISE FEES FOR XCEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA VALLEY ELECTRIC COOPERATIVE Getschow said the change to our franchise fees requires an amendment to the ordinance. This will be first reading of the ordinance, and second reading would CITY COUNCIL MINUTES December 12, 2017 Page 8 come back at the January Council meeting. The changes would take effect sometime in January of 2018. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending franchise fees for Xcel Energy; to approve first reading of an ordinance amending franchise fees for CenterPoint Energy; and to approve first reading of an ordinance amending franchise fees for Minnesota Valley Electric Cooperative. Motion carried 5-0. XII. PETITIONS. REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Presentation on Highway 169 Mobility Study—Mayor Tyra-Lukens Tyra-Lukens said she participates in a group studying Highway 169 mobility concerns. She introduced Adele Hall, a consultant to the Highway 169 group. Adele Hall, SRF Consulting Group, gave a PowerPoint presentation reviewing the background of the group, whose purpose is to identify and evaluate cost-effective options for improving transit and reducing congestion on Highway 169. She said the group has six project goals: to improve access, to provide better mobility, to increase ridership numbers, to provide a higher return on investment, to prioritize service to transit- supportive conditions, and to preserve the environment. Ms Hall reviewed the alternatives developed by the group for Bus Rapid Transit (BRT). The proposal would establish MnPASS lanes from Marschall Road in Shakopee to the Highway 55 exit on Hwy 169. There would be two alternatives for the BRT buses to use either I-394 or Highway 55 to reach downtown Minneapolis. Aho asked if the cost was an annual amount and if it was all-inclusive. Ms Hall replied it is the annual cost of maintaining transit stations and the fleet,but not the cost to acquire the fleet. She said the costs presented in the return on investment would include a rebuild of the Interchange at I- 394 and Highway 169. CITY COUNCIL MINUTES December 12, 2017 Page 9 Ms Hall said their analysis of the two possible routes to downtown Minneapolis showed that the second alternate using Hwy 55 serves a greater number of minority populations. In addition, the technical advisory committee preferred that alternative. She said the next step in the process is to develop an implementation plan. She noted the purpose of this presentation was informative only, and the City Council could choose to do nothing, could pass a resolution of support of the BRT/MnPASS concept, or could pass a resolution of support for either of the two route alternatives. Aho asked if the group is working with Southwest Transit to see how it might impact SouthWest Transit service and if this service would be operated by Metro Transit buses. Ms Hall said the question of who would operate the service has not been answered; however, all of the providers have been at the table during the study. It is very early in the process to come up with an answer of who would operate the service. Tyra-Lukens noted the group was interested in the Council's preference between the two alternatives for the route to downtown Minneapolis. Case asked if the purpose of the presentation is to present the concept of the corridor. He would have a lot more questions regarding the effect on ridership for Southwest Transit, the need for the corridor and the potential impact. Tyra-Lukens said Alternative 2 is attractive to the whole group because of a potential to pick up people for the reverse commute. SouthWest Transit buses provide express bus service to downtown, not to reverse commute riders who would be served by the BRT alternatives. She noted Alternative 2 would provide access for a more diverse population. Nelson said this would be a good way to get people south of the river on transit and would provide more options for businesses there. Aho thought this is a good improvement to the existing system. He appreciated the work done on the project and believed it is important to show support from the City's perspective. Case thought we may need all of the transit options in the future. Butcher Wickstrom appreciated the analysis and the presentation. 2. Celebrate the Eden Prairie Football Team—Council Member Case Case said the Eden Prairie Football Team won the State Championship this year. He suggested we recognize such achievements with some sort of CITY COUNCIL MINUTES December 12, 2017 Page 10 celebratory functions such as a smaller community would typically do. He suggested the Council Members bring some ideas back to discuss at the January meeting. 3. Artifacts Found Near Flying Cloud Drive and Hwy 212—Council Member Case Case said there was a massive amount of Native American artifacts found in Eden Prairie during the road construction near Flying Cloud Drive and Hwy 212. He suggested the Council have a presentation about the artifacts that were found there. It would be another way to celebrate Eden Prairie. Tyra-Lukens agreed such a presentation would be very interesting. B. REPORT OF CITY MANAGER 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 8:45 p.m.