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City Council - 05/01/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 1, 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. Council Members Aho and Butcher Wickstrom were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS AWARDS Getschow said members of the Human Rights and Diversity (HRD) Commission are here tonight to present the Human Rights Awards. Katherine Lucht, HRD Commissioner, reviewed the purpose, history and criteria for the Human Rights Awards. She read the Eden Prairie Manifesto and noted this is the 25h Anniversary of the manifesto. Meghan Chimata, HRD Student Commissioner, presented the Individual Human Rights Award to Crystal Winston for her work advocating for vulnerable residents she meets as a Licensed Social Worker at PROP. Joan Howe-Pullis, HRD Commissioner,presented the Youth Human Rights Award to Hayden Bunn for his willingness to challenge injustice in our community and his drive to inspire change. CITY COUNCIL MINUTES May 1, 2018 Page 2 An HRD Student Commissioner presented the Non-Profit Human Rights Award to Interfaith Circle for their work to encourage community members to explore and engage with each other's traditions and beliefs. Greg Leeper, Vice Chair of the HRD, presented the Business Human Rights Award to Southwest Transit for their Southwest Prime service that allows Eden Prairie residents to maintain their independence and access to our community. Mayor Tyra-Lukens congratulated the award winners and thanked the HRD Commission members for their work. B. HENNEPIN COUNTY SHERIFF'S OFFICE PRESENTATION Hennepin County Sheriff Rich Stanek gave an overview of the responsibilities of the Sheriff's Office for the 45 municipalities and 1,300,000 residents of Hennepin County. His office has 1100 full and part time personnel and volunteers provided 56,747 hours of time in 2017. He reviewed the work done by the eight divisions in the Sheriff s Office:jail; court security; patrol; warrants; civil process; investigations; 9-1-1 Dispatch; and the crime lab. Case commented Eden Prairie is engaged in a community conversation regarding gun violence prevention and asked what Hennepin County is doing in that area. Sheriff Stanek replied Hennepin County coordinates and works with local agencies to reduce crime in their communities. He noted the importance of School Resource Officers who partner with the school districts and provide safety and security for students and staff. Tyra-Lukens noted she had an opportunity to tour the crime lab and the facility was seemed very cramped. She asked about plans to expand or move the facility. Sheriff Stanek replied they have done three studies about this subject in the last ten years. The Medical Examiner's office will be moving out by 2020 or 2021, and they plan to use the vacated space for expansion of the crime lab or for other purposes. He noted communities in Hennepin County are part of an Advisory Board for the crime lab. Hennepin County Commissioner Debbie Goettel serves as the County liaison to the Health and Human Services Department. She noted they are moving to treatment of opioid cases rather than incarceration. They have hired one person to coordinate efforts to educate people about the opioid crisis. She understood this is a big issue, and they are working hard to get it under control. C. ACCEPT DONATION FROM GIRL SCOUT TROOP 17155 OF $1,500 FOR BIKE RACKS (Resolution No. 2018-51) Lotthammer said members of Girl Scout Troop 17155 have been working hard to raise funds to help provide bike racks in the community. Two of the Girl Scouts reviewed their project which included several fund-raising CITY COUNCIL MINUTES May 1, 2018 Page 3 projects, a survey of residents' biking habits, and where additional bike racks should be located. The girls noted the results of their survey indicated there was a need for more bike racks at Miller Park and Homeward Hills Park. Tyra-Lukens thanked the Girl Scouts for the wonderful project and their very thorough approach to the project. Case asked if there will be some identification on the bike racks to show the Girl Scouts' contribution. Lotthammer said there will be a plaque similar to those on the memorial benches in the City. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2018-51 accepting the donation of$1,500 from Girl Scout Troop 17155 to go towards bike racks at Miller Park and Homeward Hills Park. Motion carried 3-0. D. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer said May is Senior Awareness month and representatives of the Senior Center Advisory Committee are present at the meeting tonight. They will be having their Third Annual Senior Resource Fair on Thursday, May 17, at Pax Christi Church. Mayor Tyra-Lukens read a proclamation proclaiming May 2018 to be Senior Awareness Month. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, April 17, 2018, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2018 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, April 17, 2018. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES May 1, 2018 Page 4 A. APPROVE SECOND READING OF ORDINANCE NO. 6-2018 AMENDING CITY CODE CHAPTER 11, RELATING TO BREWERIES/DISTILLERIES/ TAPROOMS/COCKTAIL ROOMS AND ADOPT RESOLUTION NO. 2018-52 APPROVING SUMMARY ORDINANCE B. APPROVE SECOND READING OF ORDINANCE NO. 7-2018 AMENDING CITY CODE CHAPTER 9, RELATED TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPT RESOLUTION NO. 2018-53 APPROVING SUMMARY ORDINANCE C. DECLARE OBSOLETE EQUIPMENT AS SURPLUS D. ACCEPT BIDS AND AWARD CONTRACT FOR RED ROCK LAKE PARKING LOT REHABILITATION TO BITUMINOUS ROADWAYS INC. E. AWARD CONTRACT FOR 2018 SUPPLY OF CONCRETE TO CEMSTONE PRODUCTS COMPANY F. AWARD CONTRACT FOR 2018 MILL AND OVERLAY AND PAVEMENT RECLAMATION PROJECT TO BITUMINOUS ROADWAYS INC. MOTION: Nelson moved, seconded by Case, to approve Items A-F on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT—CHAPTERS 10 AND 11 HOUSE KEEPING ITEMS First Reading of an Ordinance Amending City Code Chapters 10 and 11, Relating to Telecommunications Permitting, Landscape Securities, Golf Course Permitted Uses and Fence Height Around Pools Getschow said this amendment covers various small housekeeping items scattered throughout Chapter 10 and 11 of City Code. He reviewed the points included in the amendment regarding maximum pool fence height, landscape security requirements, clarification of the application requirements related to towers and antennae, and adding public infrastructure and towers and antennas as permitted uses in Golf Course zoning districts. Case questioned whether the amendment regarding towers and antennas on golf courses could possibly be problematic. Rosow said the amendment is brought forth because there are towers and antennas in these areas, and we haven't identified them as a permitted use. Case asked if setbacks are required. Rosow said there are setbacks from residential homes in all districts, and this amendment covers towers and antennas on private property. Case asked if there are height restrictions. Jeremiah replied setback, CITY COUNCIL MINUTES May 1, 2018 Page 5 height and other restrictions would be similar to those for schools and religious institutions. Tyra-Lukens said she assumed this just makes it an allowed use but does not mean a golf course must allow a cell tower to come in. Rosow said that was correct. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; and to approve the first reading of the ordinances to amend City Code Section 10.03 related to maximum fence height, Section 11.03 related to landscape security requirements, Section 11.06 related to telecommunication applications, and Section 11.36 related to permitted uses in the Golf Course Zoning District. Motion carried 3- 0. 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 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 1. Gun Violence Prevention—Council Member Case Case said he wanted to give an update on the continuing conversation regarding gun violence prevention. At the next meeting the Council will be looking at a resolution to request voluntary compliance from any store that sells guns in our City not to sell assault style weapons and not to sell to anyone under the age of 21. He noted the Arnzen store near Menards has placed a massive sign in their window advertising the word "guns." They also have a sandwich board outside their store that says "guns and ammo." He reported the signs to City Manager Getschow and asked staff to look at the ordinance. Our ordinance states only 10% of the window can be used for advertising a product, and sandwich boards are not allowed. The store will be contacted by staff about compliance with the ordinance. He received emails from people who were disturbed by the large gun signs there. At our next workshop the Council will look at the way we are able to zone to limit where certain types of business can locate. He noted any stores CITY COUNCIL MINUTES May 1, 2018 Page 6 that are currently in the City would be grandfathered in if the zoning were to be limited. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Terminate Joint Powers Agreement for Oak Point Pool Lotthammer said we were recently approached by members of the School District to look at the joint powers agreement about the Oak Point swimming pool. Our pool situation has changed since 2002 when the agreement was made. The joint powers agreement called for the School District to be responsible for the pool during school hours, with the City responsible for the pool after school and on weekends. There are now fewer City after school programs at the pool and more use as a rental for community groups. He said Community Education schedules the School District programs, and he suggested it made sense to handle the programs at Oak Point Pool the same as we do programs at other facilities. In those programs the City schedules for City use first, the School District second, and then for community groups, while the School District schedules for School District use first, City use second and then for community groups. This proposal would turn back 24-hour-a-day administrative responsibility for the pool to the School District. Most of our demand is at the Community Center now, so we have seen a decline in the public's use of the Oak Point pool. Case commented he was very supportive of this,but he recalled the pool might have been built with City referendum money. Lotthammer said it was built with a School District referendum. He noted the School District was very active in using the pool for school curriculum,but that use has been cut in the last few years. There are also some problems regarding parking and access to the pool during the daytime when school is in session. MOTION: Nelson moved, seconded by Case, to waive the twelve-month notice provision and terminate the Joint Powers Agreement for Oak Point Pool on June 1, 2018. Motion carried 3-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES May 1, 2018 Page 7 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 7:53 p.m.