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City Council - 01/02/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 2, 2018 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. PROP FOOD SHELF COLLECTION Jaime Urbina, Eden Prairie Liquor Store Manager, said throughout the month of November the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate $1.00 to PROP each time they visited the stores during the month of November. The goal of the drive was to collect$5,000. A total of $6,001.69 was collected along with 220 pounds of food. He thanked the liquor store patrons for their contributions. He and Mayor Tyra-Lukens presented a check for $6,001.69 to Janet Palmer, Executive Director of PROP, and other representatives of PROP. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1. Airport Issue MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES January 2, 2018 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 12, 2017 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, December 12, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 12, 2017 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, December 12, 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. 1-2018 AMENDING FRANCHISE FEES FOR XCEL ENERGY AND ADOPT RESOLUTION 2018- 01 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF ORDINANCE NO. 2-2018 AMENDING FRANCHISE FEES FOR CENTERPOINT ENERGY AND ADOPT RESOLUTION NO. 2018-02 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. APPROVE SECOND READING OF ORDINANCE NO. 3-2018 AMENDING FRANCHISE FEES FOR MINNESOTA VALLEY ELECTRIC COOPERATIVE AND ADOPT RESOLUTION NO. 2018-03 APPROVING SUMMARY ORDINANCE FOR PUBLICATION E. ADOPT RESOLUTION NO. 2018-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION NO. 2018-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION NO. 2018-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION NO. 2018-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2018 CITY COUNCIL MINUTES January 2, 2018 Page 3 I. ADOPT RESOLUTION NO. 2018-08 APPROVING DECERTIFICATION OF EDEN PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 13 J. ADOPT RESOLUTION NO. 2018-09 APPROVING FINAL PLAT OF ELEVATE AT SOUTHWEST STATION K. ADOPT RESOLUTION NO. 2018-10 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS L. ADOPT RESOLUTION NO. 2018-11 DESIGNATING DEPOSITORIES M. ADOPT RESOLUTION NO. 2018-12 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS N. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2018 O. APPROVE REVISED JOINT POWERS AGREEMENT WITH I-494 CORRIDOR COMMISSION P. DECLARE 2014 JEEP GRAND CHEROKEE AS SURPLUS EQUIPMENT AND AUTHORIZE ORDERING OF A REPLACEMENT VEHICLE Q. ADOPT RESOLUTION NO. 2018-18 APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION RELATED TO THE EDEN PRAIRIE ROAD CONNECTION TO CSAH 61 R. APPROVE AGREEMENT FOR IMPLEMENTATION OF FIRE MOBILITY MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. NINE MILE CREEK W.S.D. by Nine Mile Creek Watershed District. Approve amendment to Declaration of Covenants, Conditions and Restrictions to allow the addition of two FTE employees and four additional evening meetings per year. Getschow said the Nine Mile Creek Watershed District office has been located at 12800 Gerard Drive in Eden Prairie since 2011. The property is located in a single- family residential neighborhood. When the property was converted from a single- family home to offices, a Declaration of Covenants, Conditions and Restrictions was recorded for the property as part of the Developer's Agreement. That document limits the use of the property to the Nine Mile Creek Watershed District and places a number of restrictions on its use. The Watershed District is requesting amendments CITY COUNCIL MINUTES January 2, 2018 Page 4 for two of the restrictions in the Declaration of Covenants, Conditions, and Restrictions: to increase the limit of the number of employees using the property as their office from three to five FTE employees, not including student interns; and to increase the limit of the number of Board of Managers evening meetings per year on the property from sixteen (16) to twenty (20). While this item does require action by the City Council, it does not require a public hearing; however, a decision was made to hold a public hearing. Randy Anhorn, Administrator for Nine Mile Creek Watershed District, reviewed the background of the watershed district's use of the property. He said the Minnesota Land Trust, a private, non-profit group,holds a conservation easement on the property. The facility is open to the public and is used as an amenity to the neighborhood. In 2017 they hosted the neighborhood United Night Out event. He noted three neighbors serve on the Watershed District's Citizen Advisory Committee. He said the watershed district has experienced increased workloads with projects such as the water management plan, the stream bed restoration project, and water quality monitoring. They would like to be able to increase the limit on the number of employees to five, and to increase the limit on the number of evening meetings per year to 20. Tyra-Lukens asked about the capacity of the meeting space at the facility. Mr. Anhorn said they can adapt the walls of the room to accommodate up to 40-45 people. Tyra-Lukens noted the Riley-Purgatory-Bluff Creek Watershed District has had numbers of people attend their public meetings that were beyond the capacity of their facility. Mr. Anhorn said the Nine Mile Creek Watershed District also holds large public meetings at other facilities such as the Eden Prairie Community Center. Aho asked about the number of meetings they currently hold. Mr. Anhorn said they hold 16 Board meetings and want to increase that number to 20. They also hold 16 evening Citizen Advisory Committee meetings, eight Neighborhood Advisory Committee meetings, and two technical advisory meetings per month. Aho said that would be a total of 66 meetings and that seemed like a lot of meetings for the space. He asked if they hold any other special events such as the Night to Unite. Mr. Anhorn said they had a public open house two years ago for the restoration project and will be holding another on January 17. Aho commented he has received the most feedback on the restoration project. There are a lot of people who are not pleased about the amount of vegetation removed for that project. It is now easy to see through to the building, and people feel they have been led astray about how the property was to remain. He asked Mr. Anhorn to explain what took place and to explain what the plans are for the property. Tyra-Lukens interjected that would be interesting from an educational perspective, but the question of vegetation is totally different from the question the Council is being asked to discuss tonight. Aho agreed, but noted people have raised concerns. CITY COUNCIL MINUTES January 2, 2018 Page 5 Mr. Anhorn said their master development plan is posted on the website. That plan was developed in coordination with the Minnesota Land Trust and City staff. He said they are not able to do anything to the site without the approval of the Minnesota Land Trust. Aho said he was not aware of the changes being made until they started happening, so it was a shock to him and to many others. Butcher Wickstrom asked if notification went out to the neighbors. Mr. Anhorn replied they sent letters out to properties within their view shed and later sent letters about the public meeting to a wider audience. Case suggested the Council take a vote on the question of increasing the number of employees and evening meetings and then take some time to talk about the trees. He thought there is another story that needs to be told more completely about what the plans are. He noted the request would mean there would be two extra cars parked and possibly 4-8 additional trips per day, along with the cars parked for the extra meetings. He thought that needs to be compared to what could have gone into the property. It is beautiful land that could have had 13 additional single family homes built there. There would be fewer trips made by the additional employees than if single family homes had been built there. He thought there may be a process for people who want to address the issue of tree removal at another time. Joe Griffith, Donlea Lane, said many of his neighbors were concerned about the gift of the property,but we were given assurances there would be three full time employees. They are now asking for two more, and that will bring an additional 2000 cars coming into the neighborhood. He noted nothing can be done about the tree loss at this point. He asked the City Council to deny the request. Tyra-Lukens asked Mr. Griffith to explain how he calculated 2000 additional cars in the neighborhood. Mr. Griffith said there will be 2000 more trips into the neighborhood with the two additional employees and the additional meetings. Adam Archer, Gerard Drive, said he has lived there for four years, and there have been some traffic issues in the neighborhood that he has discussed with the watershed district. He was in support of having the watershed district in the neighborhood. Natalie Orenson, Sleepy Hollow Lane, thought this is a remarkable use of the land and commended the watershed district for developing and maintaining the property and for communicating their plans to the neighborhood. She agreed with their request. David Ringsmuth, Beehive Court, said Ms Kaerwar had a limited vision for the use of the property, and there is a clash of visions by placing the watershed district offices in a single family neighborhood. He would prefer to keep the use as low key as possible. Ingrid Abatan said she lives next door to the watershed district's property and a City walking path. She does not see any traffic and does not hear any noise. The watershed district sent out letters to the neighbors to discuss the project; however, only a few CITY COUNCIL MINUTES January 2, 2018 Page 6 people showed up at the meeting. She felt that meeting was the place for the neighbors to show up and express their concerns. She was very happy with what the watershed district has done. She believed Barbara Kaerwar's vision was to protect the earth, and she would be happy with the project. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing. Motion carried 5-0. Case thanked those in the audience who shared their comments tonight. He noted he had the privilege of knowing Ms Kaerwar for years. While he was not sure how she would feel about these changes, she would like how the public is welcome on the property. Aho said he appreciates that the watershed district wants to preserve the property. He also knew Ms Kaerwar's desire was to keep the property available to the public. She gave the property to the watershed district because there was no other organization that wanted to keep up the property. He did not know if she would want it to grow into a business office use in a residential area. He was not in favor of the project initially because it was, in his view, a spot zoning project. He did not believe we have any other place in Eden Prairie where we have done something like that. We are now looking at potentially increasing the number of employees and the intensity of use in a purely residential area. He understood it is a beautiful property, and a lot of people like to walk there and use it;however,he didn't think we have to have more people there and more use of the property. Nelson noted Ms Kaerwar loved her home and wanted the property to be used. Ms Kaerwar would also want it to be functional for the watershed district. Nelson said she could see them growing to five employees,but would not expect them to return for more because five employees is pushing it. She acknowledged that evening meetings are more convenient for many people; however, this is a neighborhood and that feeling needs to be maintained. She noted Ms Kaerwar believed in the watershed district and in the use of the property by the public. Butcher Wickstrom thought it is a reasonable request, and she believed the watershed district is conscientious. She believed this request will help the success of the watershed district. Tyra-Lukens agreed with Council Member Aho that the change in zoning from residential to office is not something we consider lightly,but we made an exception for this property because of Ms Kaerwar's wishes and the relatively low intensity of use by the watershed district. This request would not result in a huge increase in trips through the neighborhood, and she thought it is in keeping with the character and intent for the property. She would want the watershed district to be able to function efficiently because water quality is so important to all of us. CITY COUNCIL MINUTES January 2, 2018 Page 7 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the amendment to the Declaration of Covenants, Conditions, and Restrictions for the Nine Mile Watershed District. Motion carried 4-1-0, with Aho opposed. Case asked if the Council would want to have some mechanism of welcoming people back for a Part II meeting. The process did attempt to get neighborhood involvement, but we may need to have additional input. Mr. Anhorn said they are sending postcards regarding the January 17, 6:00 p.m., meeting where the architect will review the plans. Case asked residents to contact City Council members if they feel additional communication is needed. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, 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 XIII. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution No. 2018-13) MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2018-13 designating Eden Prairie News as the official City newspaper for the year 2018. Motion carried 5-0. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY COUNCIL IN 2018 AND APPOINTING ACTING MAYOR (Resolution No. 2018-14) MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2018-14 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2018 and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution No. 2018-15) MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2018-15 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as CITY COUNCIL MINUTES January 2, 2018 Page 8 Secretary for calendar year 2018. Motion carried 5-0. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution No. 2018-16) MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2018-16 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Aho moved, seconded by Case, to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Butcher Wickstrom moved, seconded by Aho, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Nelson to the Southwest Cable Commission. H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Case to the Eden Prairie Community Foundation. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Butcher Wickstrom moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Nelson, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR CITY COUNCIL MINUTES January 2, 2018 Page 9 MOTION: Case moved, seconded by Butcher Wickstrom, to appoint Jacob Busiahn as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution No. 2018-17) MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2018-17 appointing Sue Kotchevar and Council Member Case to the Eden Prairie Fire Relief Association. Motion carried 5-0. M. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION Tyra-Lukens said she has decided this is a good time to go off the commission as the Citizen Representative. She has been involved with the Southwest Transit since 1994. She asked to resign from the commission and recommended adding the appointment of Council Member Case as Citizen Representative, effective January 11, 2018. MOTION: Butcher Wickstrom moved, seconded by Case, to appoint Council Member Aho to the Southwest Metro Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31, 2020, and to appoint Council Member Case to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2020. Motion carried 5-0. Motion carried 5-0. N. APPOINTMENTS TO 2018 BOARD OF APPEAL AND EQUALIZATION MOTION: Aho moved, seconded by Butcher Wickstrom, to appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O'Connor, Todd L. Walker, Nate Thompson and Kristin Rial for the period of March 1, 2018 through May 31, 2018, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Airport Issue—Council Member Case Case said many people who have lived in Eden Prairie for several years know the City was involved in intense negotiations with the Metropolitan Airport Commission (MAC) around the year 2000 when the City was fighting against the airport expansion. The Final Agreement reached in 2002 allowed the expansion of the airport along with some limitations of the airport's ability to fly heavier planes over 60,000 pounds, to increase the runway pavement depth, and to limit the runway to 5000 feet. In addition, there was a complete CITY COUNCIL MINUTES January 2, 2018 Page 10 ban on nighttime maintenance run-ups from 10 p.m. to 6 a.m. Now that technology has changed, the fixed base operators have been getting requests from jet owners to bring in heavier jet aircraft. He believed there will be a request later this year to waive the weight limit on a permanent basis; however, they are currently looking to bring in heavier jets just for the Super Bowl event. Case said he and Mayor Tyra-Lukens were part of a group that met after the MAC requested the exception for the Super Bowl. He noted he was also part of the original negotiating team in 2000. We have communicated we would not want to raise the limit because we had a solid agreement regarding the weight limits. He believed the MAC got the clear message of"No" regarding raising the limit for the Super Bowl after they heard from two of us on the Council that we would not be inclined to raise the limit. They did agree to meet again. Tyra-Lukens noted they expect 200 aircraft to be parked at Flying Cloud Airport(FCA) during the Super Bowl. Case noted during some of the time the 200 aircraft will be taking off and landing constantly. The five days of the Super Bowl could be a test of what it might be like if the limit were raised permanently, and that could have a very negative impact on the quality of life for our residents. B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Getschow said Eden Prairie has six very active boards and commissions that recommend policies, do educational outreach, and provide feedback from the community. We have openings on the commissions annually. Recruitment of new commission members opens next week and continues into February. There will be an orientation session in late March after the Council has interviewed the applicants. He asked anybody interested in being involved in the community to fill out an application on the City website, edenprairie.org. Tyra-Lukens said information about what the commissions do and how often they meet is also on the website. She noted the interviews are done in a group, and serving on a City commission is an interesting job. MOTION: Case moved, seconded by Nelson, to approve the attached timeline for recruitment of Board and Commission candidates and set February 21, 2018 as the date for commission interviews. Motion carried 5- 0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES January 2, 2018 Page 11 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: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:16 p.m.