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City Council - 05/15/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 15, 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. HERITAGE PRESERVATION AWARD Steve Olson, Chair of the Heritage Preservation Commission, reviewed the background and contributions made to the City of Eden Prairie by the 2018 award winner, Severin Peterson. Mayor Tyra-Lukens presented the award to Mr. Peterson. B. TOUR DE TONKA Jennifer Bodurka, Minnetonka Department of Education Coordinator, gave a PowerPoint update about the 2017 Tour de Tonka. She said this year's ride will be held on August 4, 2018, and will have eight ride options ranging in length from 16 to 100 miles. She thanked the City of Eden Prairie Police and Fire Departments for their help with the event. C. 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Tyra-Lukens noted the Council spent time at tonight's workshop meeting rreviewing the 2017 CAFR. CITY COUNCIL MINUTES May 15, 2018 Page 2 Chris Knopik, representing Clifton Larson Allen, gave a PowerPoint presentation reviewing the results of the 2017 audit. He noted the December 31, 2017 statements audit gave an unmodified ("clean") opinion, which is the highest possible opinion. He noted the General Fund revenue was over budget by about 1%, while General Fund expenditures were about 0.2% over budget. There was a$872,000 decrease in the General Fund balance for 2017 due to the early payoff of some lease revenue bonds. He noted for the first time the Estimated Market Values for 2018 will be higher than the previous high set in 2009. Eden Prairie continues to have a lower tax rate than most of the surrounding cities. He noted the City's bond rating is Aaa, and only 15 out of 225 cities in Minnesota have this rating. MOTION: Case moved, seconded by Aho, to accept the 2017 Comprehensive Annual Financial Report (CAFR). Motion carried 5-0. D. ACCEPT AWARDS OF EXCELLENCE FOR RILEY LAKE PARK AND SUMMER CAMP PREVIEW DAY Lotthammer introduced Amy Peterson, Minnesota Recreation & Park Association (MRPA)representative. Ms Peterson said the MRPA was founded in 1937 and fosters the growth and development of parks and recreation throughout the state. She reviewed criteria used for the MRPA Awards of Excellence and noted this year the City of Eden Prairie has received two awards. The Eden Prairie Parks & Recreation Department has received the "Park and Facility" award and the "Marketing and Communications" award this year. Matt Bourne, Parks and Natural Resources Manager, said the Park and Facility award was received for the Riley Lake Park Improvement project, which was a collaborative planning process to improve the facilities and circulation in Riley Lake Park. Lori Brink, Recreation Manager, said the Marketing and Communications award was received in recognition of the efforts to broaden marketing of the Summer Camp Preview, Marketing efforts started in January with a campaign to publish the event, followed by a preview day on Presidents Day in February. E. ACCEPT READER'S CHOICE AWARDS FOR THE EDEN PRAIRIE COMMUNITY CENTER Lotthammer introduced Valerie Verley, Community Center Manager. She said the Community Center has received the Sun Current 2018 Reader's Choice Award for "Best Recreational Center" for the fourth time. In addition, and for the first time, the 2018 Reader's Choice awards for"Best Fitness Center" and `Best Indoor Waterpark" were also won by the Community Center. She presented the three awards to Mayor Tyra-Lukens. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VHI.L. should be added to the Consent Calendar. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES May 15, 2018 Page 3 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, May 1, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 1, 2018. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRESERVE VILLAGE RETAIL BUILDING - JERRY'S FOODS by Sambatek Inc. Second Reading of Ordinance No. 8-2018 for PUD District Review with Waivers on 9.10 Acres; Resolution No. 2018-54 for Site Plan Review on 9.10 Acres; Development Agreement C. APPROVE SECOND READING OF ORDINANCES NO. 9-2018 and 10-2018 AMENDING CITY CODE CHAPTERS 10 AND 11 RELATED TO TELECOMMUNICATIONS PERMITTING, LANDSCAPE SECURITIES, GOLF COURSE PERMITTED USES AND FENCE HEIGHT AROUND POOLS AND ADOPT RESOLUTION No. 2018-55APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2018-56 APPROVING FINAL PLAT OF GARRISON FOREST FIFTH ADDITION E. ADOPT RESOLUTION NO. 2018-57 APPROVING REQUEST TO EXTEND TIMELINE FOR SUBMITTAL OF THE 2040 COMPREHENSIVE PLAN UPDATE TO THE METROPOLITAN COUNCIL F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 G. REJECT BIDS FOR VALLEY VIEW ROAD TRAIL REHABILITATION PROJECT AND AUTHORIZE REBID H. ADOPT RESOLUTION NO. 2018-58 AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO NAM LLC AND MASSAGE THERAPIST LICENSES TO XIAOFANG HU, LING SUN,AND YUE ZHAO CITY COUNCIL MINUTES May 15, 2018 Page 4 I. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2018 WATER QUALITY MONITORING PROGRAM J. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR EDEN PRAIRIE HIGH SCHOOL PEDESTRIAN RAILROAD CROSSING AND TRAIL K. AWARD CONTRACT TO FRANK J. ZAMBONI & CO, INC. TO PURCHASE ICE RESURFACER FOR COMMUNITY CENTER L. ADOPT RESOLUTION NO. 2018-59 FOR TOWN CENTER STATION CONGESTION MITIGATION AND AIR QUALITY GRANT LOCAL MATCH MOTION: Aho moved, seconded by Nelson, to approve Items A-L on the Consent Calendar. Motion carried 5-0. IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION REQUESTING EDEN PRAIRIE RETAILERS TO DISCONTINUE SALES OF ASSAULT-STYLE WEAPONS AND TO INCREASE THE MINIMUM PURCHASE AGE FOR GUNS TO 21 Getschow said at the April 17 City Council meeting, the City Attorney provided an overview of the city's legal authority regarding firearms. The City Council understood the only legal authority a city has is to regulate the discharge of a firearm within the city. The Council directed staff to prepare a non-binding resolution requesting Eden Prairie retailers to discontinue sales of assault-style weapons and to increase the minimum purchase age for guns to 21 throughout the City of Eden Prairie. Tyra-Lukens noted this resolution would direct her, as Mayor, to send a letter asking the local gun shops to voluntarily follow the lead of Dick's and Walmart to discontinue sales of assault-style weapons and to increase the minimum purchase age for guns to 21. She noted many residents expressed concerns about gun violence; however, the City Attorney's research showed that there is no action we can take as a local government. She said the emails received recently indicate a great deal of misunderstanding. The proposed resolution would not impose a ban on the sale of assault-style weapons, nor would it increase the minimum age to purchase guns to 21. Butcher Wickstrom thanked the residents for the many emails and phone calls she received about the resolution. She noted the resolution is a position or opinion and is non-regulatory. Some people thought the resolution did not go far enough, and others felt we should not pass the resolution. Another opinion was to gather more perspectives and have more discussion of the issue. She thought we do need additional voices to be heard, including students, young people,businesses, the School District,public safety, and mental health professionals. It is important we have a community conversation CITY COUNCIL MINUTES May 15, 2018 Page 5 about this subject. She proposed we hold this resolution and work on a method for creating a more comprehensive resolution that would include the additional voices. She appreciated the leadership on the Council for bringing this idea forward, and she believed local government is the place to discuss public safety. Nelson said she was very concerned about the prevention of gun violence and liked portions of the resolution;however, current State law says 18-year old's have the right to purchase guns, and she did not want to ask the gun shops to go against State law. She did not believe the City should ask businesses or anyone else to discriminate against a group of citizens. Case said open meeting laws prevent the City Council from conducting business except in public, so this subject has to be discussed by the Council in front of the public. He respected the opinions of all the other Council Members and thanked everyone that sent emails about this subject. He said he leaned on the side that we have to do something around the country regarding gun violence. He was able to communicate with people who were very heartfelt about the NRA pro-gun position, and one of those supporters asked if he had talked to the staff at the Arnzen store. He stopped in there and talked to the owner and staff members last Saturday. It gave him hope for the country that we can have conversations like this, even though we are so divided on the subject of guns. He respects the rights of law-abiding citizens to purchase guns. He understood there are arguments on both sides of the issue;however,he realized there are a lot of common sense ideas that are common to all of us. One of the pro-gun advocates said this is all about fear on both sides of the issue. This resolution is a small, symbolic gesture to help move the conversation. Case noted all gun stores have the right to use their discretion not to sell guns to an individual. The gun stores in the City have said they do exercise that right at times. The gun store owners also said they will not abide by this resolution. People have said this discussion is not within the purview of the City Council. He disagreed with that and believed local government must do anything in its power to help their citizenry be safe. City Council Members have been elected to do just that. He would favor passing this resolution,but it appears we will not do that. He did believe there is a doable list of things on which we can come together that will make us substantively safer. Such a list might include: making all gun sales have a consistent permitting process; "red flag" laws; and banning sales of bump stocks. We could get other communities to join us to write such a list which would be made up of common sense items. It would also be valuable for the Council to send such a list of ideas to members of the State legislature. We can try to make a difference by taking a stand and requesting the State legislature come together and find a sensible way to make a difference. Aho said he was very concerned about the safety of his family and was also very concerned for the safety and welfare of all children and all people who live or work in Eden Prairie. He was also saddened by attacks around the world that are fueled by hatred and anger and are acts of murder. There are laws in every city in the world to prohibit murder. Evil, hate-filled individuals will always find a way to do evil acts. Such people do not care about humanity and human decency. Most of us are CITY COUNCIL MINUTES May 15, 2018 Page 6 responsible individuals and do care about abiding by our laws. Our Police Department and the Hennepin County Sheriff's office work with other law enforcement agencies such as the FBI and State agencies. They also collaborate with the School District to make sure our children are safe. He was proud of our community's proactive attention to this issue. There are State and local regulations about the sale and possession of firearms. Inl989 Eden Prairie passed an ordinance prohibiting the discharge of firearms in the City without a permit. Congress passed the Gun-Free School Zone Act which prohibits any person from carrying a dangerous weapon onto any school property. We have laws to prevent certain persons from possessing firearms. We are better prepared and better trained to keep firearms out of the hands of anyone who is not eligible to have one through application of the laws we have in place. We have protective measures in place in the City and in the schools. Our first responsibility as City officials is the safety of our citizens, and everyone involved takes their responsibility seriously. Eden Prairie is committed to, and has been a leader in, gun violence prevention. We coordinate with the Hennepin County Sheriff's office to ensure that only law abiding citizens can purchase a gun. The process we have in place works well. Aho said this resolution is being drafted by good intentions and emotions. He said he visited with the retailers who sell AR-15's and other weapons in the City and discussed the policies and procedures they follow when they sell firearms. They follow the current laws and use their own judgment in individual sales. Asking them to comply with current laws is unnecessary. If they don't comply, they will be shut down. It is inappropriate to ask them to go above and beyond the current laws. If we want to focus our concern on saving the lives of Eden Prairie residents, we should be working on the opioid epidemic which has had many more victims in our City than has gun-related violence. Council Members have sworn to uphold the Constitution of the United States and the State of Minnesota. He would encourage anyone who is truly concerned about gun safety to take a gun safety course to learn more about the topic. This is a State and Federal government issue and is not within our authority. Taking City staff time to create this resolution is a waste of time. There is much confusion over the intent of the resolution, and it could harm our retail businesses. There are too many vague terms. He believed this resolution is political grandstanding with no political value. Tyra-Lukens said she will not ask for a motion on the proposed resolution. She noted some emails accused the Council of trying to override the Constitution. We are not trying to override the Constitution, rather we are trying to develop common sense ideas about the issue. The Constitution and the Bill of Rights are there to be amended. The Council is responsible for many things, and we are part of a greater community. We need to represent our community to the State and the Federal government. We need to have this issue heard by our legislators because we are the next step up in a grass roots movement to change. She was not comfortable with the resolution because it doesn't have teeth and has caused concerns. The Council can't pass any laws having to do with gun regulation. She proposed we, as Council Members, do a letter to our legislators about concerns we have regarding gun violence. We have a desire to make our families safer; however, we have no control of gun laws nor do we have control regarding mental health issues. We would request the legislators do what they can to address the issue of gun violence while protecting the rights of the Constitution and individual gun CITY COUNCIL MINUTES May 15, 2018 Page 7 owners. She thought there is information that our legislators can gather to pursue change on this issue. MOTION: Butcher Wickstrom moved, seconded by Case, to forward a letter to be signed by the City Council to go to our legislators in the State and Federal governments expressing our concerns about the issue of gun violence. Motion carried 5-0. Tyra-Lukens said the Council would work with City staff to draft the letter. Aho noted he would like to read the draft letter before it is forwarded to our legislators. X. PUBLIC HEARINGS/MEETINGS A. HAMPTON INN by D&T Eden Prairie, LLC. First Reading of an Ordinance for PUD District Review on 1.7 Acres; Resolution No. 2018-60 for PUD Concept Review on 1.7 Acres Getschow said the proposed project is for the construction of a six story, 105 guest room hotel. He noted the property received PUD, rezoning and site plan approval from the City for the construction of a Hampton Inn in 2016. That approval included a five story, 105 room hotel with a level of below ground parking. Proponent is coming back with a slightly different project tonight. Chris Flagg, Chief Investment Officer for TPI Hospitality, said the construction bids received in 2016 came in well above expectations. The current project is a proposed redesign that is one story taller and sits further back on the site. He gave a PowerPoint presentation reviewing the project plans. He noted they eliminated the basement parking garage. They worked with Southwest Light Rail (SWLRT) on an access agreement that allows SWLRT access to the stormwater pond. There are more parking islands in the plan than the previous design. Aho asked if they have anticipated having any sound problems with SWLRT trains crossing the road near the building. Mr. Flagg responded they designed the building assuming that will be the case. There will be a link to the existing trail along Technology Drive, and they will rebuild the retaining wall on the lake side. There will be LED lighting throughout the hotel and one bike rack. They plan to plant native species and pollinators in the wetland area. They will recycle construction materials and plans include three electric vehicle recharging stations. Tyra-Lukens asked about the use of key cards in order to turn on lights in the rooms. Mr. Flagg said there are energy initiative policies, such as motion detectors in the rooms, that are required by Hilton, their parent brand Nelson asked if they considered doing solar panels on the roof. Mr. Flagg replied they have done that on other hotels; however, they determined there was not an adequate return on investment because of the number of cloudy days in Minnesota. There were no comments from the audience. CITY COUNCIL MINUTES May 15, 2018 Page 8 MOTION: Aho moved, seconded by Nelson, to close the public hearing; and to adopt Resolution No. 2018-60 for Planned Unit Development Concept review on 1.7 acres; and to approve 1 st reading of the ordinance for Planned Unit Development District review with waivers on 1.7 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60,RELATING TO USE OF LAKE WATERS Getschow said over the past few years we have been talking about amendments needed to City Code Section 9. We have received DNR approval for the proposed changes to City Code Section 9.60 to include the addition of Slow-No Wake restrictions for Bryant and Staring Lakes, the allowance of small electric motors on Duck Lake, and some general updates to bring the section into compliance with state code. Ellis said there were statewide issues with high water levels in 2014, so the State Commission and the DNR issued an executive order to allow cities to create a No- Wake zone for just one year and to allow cities to pass a more permanent restriction with the approval of the DNR. This ordinance puts such a Slow-No Wake restriction for Bryant and Staring Lakes. Staff wanted to put a similar restriction for Riley Lake, but Chanhassen isn't in a position to move forward with that. In response to neighborhood meetings where residents asked to be allowed to use small electrical motors on the lake because several of the residents there have mobility issues, the ordinance allows small electric motors on Duck Lake. There is another update included that brings our provisions regarding the permitting of docks to come into compliance with the DNR, the statutory authority over permitting of docks. We will maintain the provision allowing only one dock per lot. The rest of the amendment is primarily housekeeping changes and changes to bring us into compliance with State law. Aho asked if the restrictions go on automatically when water levels reach a certain height on the two lakes. Ellis replied this change specifies levels for both lakes, and the restrictions will go on automatically. There are some posting requirements at the public launches to notify people of the restriction. Tyra-Lukens commented she sees a lot of docks that go out into the lake and then branch off. Ellis responded there can be one dock with up to six slips off it,but there cannot be multiple docks. The DNR is trying to protect the flow of water. David Ziegler, 16729 Baywood Terrace, said he is a member of the Homeowners Association for Duck Lake. The association supported the changes because there have been a lot of mobility issues recently among the association members and allowing small electric motors would be a good change. CITY COUNCIL MINUTES May 15, 2018 Page 9 Dan Gustafson, a Wayzata resident, said he has worked with City staff and has offered feedback to them regarding the change regarding docks. He reviewed the State statutes regarding surface water regulation at length. Nelson asked Mr. Gustafson what his specific point was regarding the ordinance amendment. Mr. Gustafson replied he was concerned about regulating surface water with land use rules and believed it should be up to the property owner. Case asked if Mr. Gustafson was saying our ordinance is null and void. Mr. Gustafson replied the State is the guardian of water rights, and this ordinance deals with the regulation of the water, not the land. Rosow said he thought this discussion relates to a previous case in Eden Prairie regarding a second dock. He believed Mr. Gustafson would like to see the restriction to one dock per lot removed or a variance process included. He said the City Council has the authority to regulate wharfs and docks under Chapter 4.12 of the regulatory statutes. He believed the Council has all the authority it needs to adopt this ordinance. Case noted we hire Mr. Rosow to give us the best possible advice, and he was comfortable with that. Tyra-Lukens asked if we have any idea what other communities do about this situation. Rosow replied other communities have regulated in a variety of ways to try to reach a similar result. He said staff could look into that subject and provide more information prior to second reading. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, and to approve first reading of an ordinance amending City Code Section 9.60. Motion carried 5-0. Aho asked if there was any way we could offer a process whereby someone could request a variance. Rosow replied there was no way to do that and not affect every lot on that lake and other lakes as well. C. VACATION OF DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER,AND ACROSS LOT 1 AND LOT 2,BLOCK 1, ERS ESTATES (Resolution No. 2018-61) Getschow said Lots 1 and 2 have a common ownership, and the property owner has requested the vacation of a part of the drainage and utility easements to facilitate lot improvement. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2018-61 vacating parts of the drainage and utility easements lying over, under and across Lot 1 and Lot 2, Block 1, ERS CITY COUNCIL MINUTES May 15, 2018 Page 10 ESTATES, according to the recorded plats thereof, Hennepin County, Minnesota. Motion carried 5-0. XI. PAYMENT OF CLAIMS MOTION: Case 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." 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 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 8:56 p.m.