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City Council - 04/17/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 17, 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. COMMENDATION AWARDS TO CIVILIAN RESPONDERS Police Chief DeMann shared the details of a two-vehicle traffic accident that occurred in difficult driving conditions on January 22, 2018, on Highway 5. Individuals in several other vehicles stopped to help the victims of the crash before emergency rescue arrived. He presented commendations to two individuals and letters of recognition to four others who helped the accident victims during the incident. Mayor Tyra-Lukens thanked the individuals for volunteering their help. B. HENNEPIN COUNTY COMMISSIONERS JAN CALLISON AND DEBBIE GOETTEL Hennepin County Commissioner Jan Callison gave an update on the general status of Hennepin County. She handed out the Hennepin County budget book to Council Members and reviewed the legislative priorities for the County in 2018, including bonding from the State for a regional medical examiners facility. She explained the CITY COUNCIL MINUTES April 17, 2018 Page 2 efforts the County makes for prevention and rehabilitation of victims of the opioid crisis. She said the County is looking at changing the ordinance to allow voluntary organics recycling. Hennepin County Commissioner Debbie Goettel reviewed the County's projects that will affect Eden Prairie: a provisional bridge replacement and pedestrian improvements on Eden Prairie Road; reconstruction of a portion of Flying Cloud Drive; and the closure of the Eden Prairie library for renovation. Tyra-Lukens expressed concern about the effect of the library's closure on those who order books online for pick-up and suggested the library use City space to help with pickups during the time of the closure. Commissioner Callison replied something similar occurred at the Ridgedale library so she would check into that. Nelson asked if there could be efforts made to relocate the library computers during the nine-month closure because those have very high use by residents. Commissioner Goettel said she was not sure there were any possibilities for that to happen,but it could be discussed with library staff. Tyra-Lukens asked what efforts are being made to help the situation where the small recycling bins used in the City are full before the two-week pickup occurs, and what efforts are being made to encourage retailers to use less packaging. Callison replied packaging is more of a national issue, and it may be up to the individual haulers to provide larger recycling bins. Tyra-Lukens thanked them for the presentation and noted the message is the library is a really important community resource. C. ACCEPT DONATION FROM SCHOOL OF ROCK OF$1,000 FOR KIDSTOCK (Resolution NO. 2018-47) Getschow said we have received a donation of$1,000 from School of Rock for the KidStock event. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-47 accepting the donation from School of Rock of$1,000 for KidStock. Motion carried 5-0. D. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 28, 2018, as Arbor Day in the City of Eden Prairie. Lotthammer noted this is the 36t" year that Eden Prairie has been recognized as a Tree City USA. He directed people to the City's website to learn about this year's Arbor Day event which will be bigger than ever. Tyra-Lukens asked if we will be giving away CITY COUNCIL MINUTES April 17, 2018 Page 3 trees again this year. Lotthammer said we will, and we will also have information available about the treatment of ash trees. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUS INESS Nelson added Item XIV.A.1. Tyra-Lukens added Item XIV.A.2 and A.3. Case added Item XIV.A.4. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2018 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, March 20, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2018 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 20, 2018. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHVIEW OF EDEN PRAIRIE by Southview Senior Communities. Second reading of Ordinance No. 5-2018-PUD-2-2018 for PUD District review with waivers on 2.58 Acres; Resolution 2018-48 for Site Plan review on 2.58 Acres; Development Agreement C. ADOPT RESOLUTION NO. 2018-49 FOR PURCHASE OF TAX FORFEITED PROPERTIES WITHIN EDEN PRAIRIE D. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR RILEY LAKE PARK PARKING LOT REHABILITATION E. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS FOR FOURTH OF JULY FIREWORKS AT ROUND LAKE PARK F. AUTHORIZE AGREEMENT WITH HTPO FOR STARING LAKE PARK COURT IMPROVEMENTS PROJECT CITY COUNCIL MINUTES April 17, 2018 Page 4 G. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES OF MILLER FIELD 11 RECONSTRUCTION H. AWARD CONTRACT TO MN ROADWAYS CO. FOR COURTS REHABILITATION AT HIDDEN PONDS PARK I. APPROVE 2017 UNBUDGETED FUND TRANSFERS J. ADOPT UPDATED CAPITAL ASSET POLICY K. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS L. APPROVE AGREEMENT WITH INSTITUTE COMMUNITY WORK CREW M. AUTHORIZE PURCHASE OF POWERBOSS ARMADILLO SWEEPER N. AUTHORIZE PURCHASE OF REPLACEMENT PLOW TRUCK AND DESIGNATE OLD CAB AND CHASSIS AS SURPLUS EQUIPMENT O. AWARD CONTRACT FOR 2018 MUDJACKING TO NORTHSTAR MUDJACKING & MORE P. AUTHORIZE PURCHASE OF ROAD SALT FOR 2018-2019 WINTER SEASON Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK FOR DUCK LAKE ROAD IMPROVEMENT PROJECT R. APPROVE AGREEMENT WITH WSB FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENT PROJECT S. AWARD CONTRACT TO OSSEO CONSTRUCTION CO. FOR RECONDITIONING OF HIDDEN PONDS WATER RESERVOIR T. APPROVE STANDARD AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY U. AMEND CONSERVATION EASEMENT OVER LOT 21, BLOCK 1 AT VILLAS AT MITCHELL LAKE V. ADOPT RESOLUTION NO. 2018-50 APPROVING OLYMPIC HILLS OPEN SPACE EASEMENT AGREEMENT AMENDMENT by Brian and Angela Dingels. CITY COUNCIL MINUTES April 17, 2018 Page 5 W. APPROVE COOPERATIVE AGREEMENT WITH DNR FOR WILDLAND FIRES X. AUTHORIZE EXECUTION OF REPRESENTATION AGREEMENT, REGARDING LITIGATION MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-X on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT—BREWERIES/DISTILLERIES First reading of an ordinance amending City Code Chapter 11, relating to Breweries/Distilleries/ Taprooms/Cocktail Rooms Getschow said the purpose of the proposed code amendment is to address breweries, distilleries, taprooms, and cocktail rooms. The definitions for those businesses are included within Chapter 4 pertaining to beer, wine and liquor licensing requirements. The same definitions are proposed to be added to Chapter 11 pertaining to land use regulations (zoning). The uses are also proposed to be included as permitted uses within the Commercial and Industrial zoning districts, and to establish parking requirements for the uses. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt first reading of the ordinance to amend City Code Section 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, and 11.30 to include a definition for brewer taproom, cocktail room, micro distillery, and small brewer, and to allow these uses as permitted uses in the Commercial and Industrial zoning districts, and to establish parking requirements for these uses. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho 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 A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 REGULATING SALES OF CATS AND DOGS AT PET STORES Getschow said the City was approached recently by the Humane Society of the United States to look into amending code regarding the regulation of sales of cats and dogs. The City Council directed staff to draft such an ordinance amendment. The City CITY COUNCIL MINUTES April 17, 2018 Page 6 Attorney and the Police Department worked together to develop the draft amendment. Police Sergeant Ronnie Henke reported staff researched an ordinance on regulating sales of cats and dogs in pet stores. He noted neither of the pet stores in Eden Prairie sells mass bred pets, and actually encourage adoption of Humane Society shelter animals. There is currently no ordinance regarding the sale of mass bred cats or dogs, so an amendment was drafted for that purpose. He noted the draft ordinance was reviewed by the managers of the pet stores. Tyra-Lukens commented even though we do not have any pet stores that sell mass bred pets, this is part of a larger issue to draw attention to the sale of such pets. Butcher Wickstrom thanked the national Humane Society for bringing this to our attention as well as the people who brought the issue to the Council. Eden Prairie is a very pet-friendly community. She thanked the two pet stores for their good business practices to not sell mass bred animals and to encourage adoption of rescued animals. She would like to recognize our businesses for taking on this business model. Case noted the ordinance does not prevent the sale of pets from private homes nor from the purchase of animals online. We want to join the movement to shut down the pipeline from puppy mills to pet stores to homes. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of the ordinance amending City Code Chapter 9, adding Section 9.75, relating to the regulation of sales of cats and dogs at pet stores. Motion carried 5-0. Tyra-Lukens thanked those who came to the last meeting to show their support and those who sent emails of support for the ordinance. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Coyotes—Council Member Nelson Nelson said the number of coyotes in the community is becoming a greater problem. She noted we deal with deer problems in the community, and she believed we should start looking at the size of the coyote population and determine whether we should control the numbers. She thought the problem will continue to grow. CITY COUNCIL MINUTES April 17, 2018 Page 7 Getschow said the Police Chief provided a report on the coyote situation in the summer of 2016. Staff can collect some data and come back with an update on trends and number of calls received. The Council could then discuss what to do about the situation. 2. Mayor's Water Challenge—Mayor Tyra-Lukens Tyra-Lukens reminded the audience that April is the Mayor's Water Challenge month. Residents can sign up online to take the pledge to work towards a more environmentally friendly world. The pledge includes energy and recycling as well as water use. There is also an opportunity to win a car for a non-profit group in our community. 3. Net Neutrality—Mayor Tyra-Lukens Tyra-Lukens said she has received many emails about net neutrality that asked her to sign a petition. Nelson said the issue can be discussed at the Southwest Cable Commission meeting. Tyra-Lukens suggested the commission draft a resolution regarding net neutrality for all the communities in that group. 4. Gun Violence—Council Member Case Case said the issue of community conversations regarding gun violence and gun control has been raised across the country after every shooting over the last several years. He suggested the City Council should lead the way in getting involved in those conversations. He noted City Attorney Rosow will give an overview of the Minnesota statutory limitations on local government this evening. Our options are limited from a legal standpoint;however,he suggested there are a couple of things the Council can do. We have a meeting scheduled with Scheels leadership to express concerns we have been hearing from the residents. He believed the Scheels store to be the only store in the metropolitan area attached to a major shopping mall that also sells assault-style weapons. He believed communities across the country need to look at doing something as a collective group. He noted there is a gun store near Menards that sells assault- style weapons, and it appears Gander Mountain is coming back into Eden Prairie. He suggested staff bring back some type of voluntary, non-binding resolution where we would take a stand and request stores within our borders that sell guns not to sell assault-style rifles and not to sell guns to anyone under 21 years of age. Nelson asked about sales of assault rifle ammunition. Case suggested staff could bring back options so the Council could prepare a non-binding resolution. The issue is complicated because there are many different styles of such weapons. He thought we should include hunting rifles that have the same impact as the Ar15 and the Ak47. It would be important for the Council to take a stand and would send a message this is an important concern to our community. CITY COUNCIL MINUTES April 17, 2018 Page 8 Butcher Wickstrom appreciated Council Member Case's bringing this up. It is very difficult for her to argue in terms of gun violence prevention if there is a facility that sells such rifles in the community. She noted we will have time to discuss this with Scheels because there may be situations that exist of which we are not aware. Nelson was very much in favor of doing what we can legally. There have been too many children and others killed with high caliber weapons that are mostly military-style weapons. Tyra-Lukens said she also was in favor of Council Member Case's suggestion. She thought it may help the State legislature to realize this is important to many communities. Aho said he is a hunter and owns weapons but does not own an Arl5. He was not sure he wanted to go on record that we should limit people's right to what style weapon they can purchase. Once you start specifying a certain type of weapon, it is a slippery slope from there. He thought we should let our State and Federal legislatures manage these issues. If businesses want to choose not to sell assault-style weapons, that is their right,but he didn't think we have a right to push people. Case said this is a very complex issue; however, we already do not allow certain weapons such as grenade launchers. With the ongoing explosion in technology, he was concerned we need to put a guardrail around what type of weapons are included in the rights given in the Second Amendment even if we do that community by community. 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 1. Firearms Regulation City Attorney Rosow reviewed the wording of the Second Amendment to the U.S. Constitution, which provides the basis for his discussion. He then reviewed CITY COUNCIL MINUTES April 17, 2018 Page 9 the Minnesota State law where the legislature preempts all authority of home rule or statutory city to regulate firearms except a local governmental subdivision may regulate discharge of firearms and may adopt regulations identical to those of the State. He said there are exceptions in that the City may regulate by zoning the location of businesses where firearms are sold. Minnesota regulations require such businesses to hold a Federal firearms license and must have a transferee permit if assault-style weapons are sold. It is a crime to possess, own, or operate machine guns and short barrel shotguns. Rosow said Minnesota has outlawed the use of trigger activators;however, there is a debate as to whether that would include bump stocks. There is legislation pending to clarify that point. The discharge of firearms is allowed in lawful defense of person, property or family or by law enforcement personnel. The City requires individuals to obtain a permit to discharge a firearm, and there are regulations within the City regarding discharge of weapons for lawful defense. Permits may be granted for discharge in certain areas of the City. He noted the City's regulations defining the permitted areas have not been amended for some time and should be updated. The City can regulate the location of businesses where firearms are sold and may require a reasonable setback from certain uses. There are also security measures required for both small and large stores that deal with firearms. Rosow reviewed the case in 2013 where the City of Deerfield, Illinois,banned assault-style weapons. In 2013 the State of Illinois put in place similar regulation as Minnesota; however, they gave cities ten days after the adoption of the statute to adopt their own local regulation that would be grandfathered in. Deerfield adopted local regulations but did not address banning the sale of any type of assault-style weapons. In April 2018 Deerfield amended the ordinance to ban assault-style weapons, and they are now being challenged in court that the amendment should not be grandfathered in. Case commented the only potential action we might have going forward would be zoning, but any currently-zoned location would be grandfathered in. Rosow replied that was correct and noted existing uses can rebuild in the same location but cannot expand or move. Tyra-Lukens asked if staff would provide a draft resolution and zoning restrictions for the next meeting. Getschow replied they could bring a draft resolution to the next meeting,but the subject of distance requirements is currently being studied and would go to the Planning Commission first. Staff would look at different maps as Mr. Rosow suggested and would come back at a Council workshop in the next month or two. Case said he would like to speed the process because of the urgency of this issue. CITY COUNCIL MINUTES April 17, 2018 Page 10 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 8:11 p.m.