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City Council - 06/12/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 12, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Rik Rosow, Finance Manager Sue Kotchevar, and Council Recorder Katie O'Connor 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. ACCEPT BEST OF SHOW AWARD FOR LIFE IN THE PRAIRIE NEWSLETTER Carolyn Marinan, Chief Public Relations Officer of Hennepin County and President of Minnesota Association of Government Communicators (MAGC),presented an award to the City of Eden Prairie and its Communication Division. MAGC is a peer organization of professional communicators dedicated to improving public sector communications. MAGC has been around for nearly 40 years. The Northern Lights Awards contest was made more objective by having professional communicators from Texas as judges reviewing the pieces. The City of Eden Prairie Communications Division won first place in the Northern Lights Awards "Newsletter" category for the Life in the Prairie Newsletter redesign. In addition, they received the "2018 Best of Show" award for the Life in the Prairie Newsletter. Joyce Lorenz, Communications Manager, thanked City Manager Getschow for being open to new ideas and thanked the Council for their continued support. CITY COUNCIL MINUTES June 12, 2018 Page 2 B. CITY GOVERNMENT ACADEMY GRADUATION Getschow presented the City Government Academy (CGA) graduating class of 2018. This six week program was implemented by the Council this year. There were 25 Eden Prairie participants who learned more about each department of the City from behind the scene tours and presentations. Getschow thanked Southwest Transit for providing transportation services for the duration of the CGA at no cost. Additionally, Getschow thanked Lori Kerns, Human Resources Generalist, for managing and running the entire program. Mayor Tyra-Lukens and Council Members Case, Nelson, Aho, and Butcher Wickstrom presented the diplomas to the graduates. Jeffrey Gerst, Pedro Curry, and Kristianne Schultz presented on their CGA experiences and thanked the Council and staff for making this possible. This experience has led them to participate in their community, whether as an election judge or applying to be a duty crew firefighter. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. Case added Item XIV.A.2. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 15, 2018 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council workshop held Tuesday, May 15, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2018 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, May 15, 2018, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES June 12, 2018 Page 3 B. HAMPTON INN by D&T Eden Prairie, LLC. Second Reading of Ordinance No. 11-2018 for PUD-4-2018 District Review on 1.7 Acres; Resolution No. 2018-62 for Site Plan Review on 1.7 Acres; Development Agreement C. APPROVE SECOND READING OF AN ORDINANCE NO. 12-2018 AMENDING CITY CODE SECTION 9.60, RELATING TO USE OF LAKE WATERS AND ADOPT RESOLUTION NO. 2018-63 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. AWARD CONTRACT TO MINNESOTA ROADWAYS FOR ASPHALT PARKING LOT REPAIRS E. AWARD CONTRACT FOR 2018 ANNUAL BUILDING RESTORATION CITY WIDE TO SEBCO, INC. F. APPROVE THREE YEAR AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES G. APPROVE THE UPDATED PURCHASING POLICY H. ADOPT RESOLUTION NO. 2018-64 APPROVING PARTICIPATION IN THE PERFORMANCE MEASURE PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION I. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM J. ADOPT RESOLUTION NO. 2018-65 REQUESTING AN ELECTRIC CAR CHARGING STATION BE INCLUDED IN EDEN PRAIRIE LIBRARY RENOVATION PLANS K. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING DESIGN AND BIDDING SERVICES FOR NEW GROUND STORAGE RESERVOIR, PUMP STATION,AND WATER MAIN L. AWARD CONTRACT TO BITUMINOUS ROADWAYS FOR VALLEY VIEW ROAD TRAIL REHABILITATION PROJECT M. AWARD CONTRACT TO STANDARD SIDEWALK, INC FOR 2018 SIDEWALK PROJECTS N. APPROVE AGREEMENT FOR PHASE VII POND INVENTORY AND INSPECTION PROGRAM WITH WENCK ASSOCIATES CITY COUNCIL MINUTES June 12, 2018 Page 4 O. ADOPT RESOLUTION NO. 2018-66 AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR PLAZA LANDSCAPING AND STREETSCAPING PURPOSES WITH MNDOT P. ADOPT RESOLUTION NO. 2018-67 REVOKING SPECIAL ASSESSMENT LEVY NO. 18673 AGAINST OUTLOT B, WYNDHAM KNOLL Q. APPROVE TEMPORARY EASEMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT R. ADOPT RESOLUTION NO. 2018-68 SUPPORTING COMMON BOND'S APPLICATION TO MINNESOTA BROWNFIELD GAP FINANCING PROGRAM FOR AN ENVIRONMENTAL RESPONSE FUND GRANT FOR TRAIL POINT RIDGE PROJECT S. ADOPT RESOLUTION NO. 2018-69 SUPPORTING POTENTIAL USE OF TAX INCREMENT FINANCING FOR COMMON BOND'S TRAIL POINT RIDGE PROJECT MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A- S on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. MISTER CAR WASH by DJR Architecture, Inc. Getschow introduced the Mister Car Wash proposal for building, landscaping, and site improvements with no waivers. Ben Ptacek of DJR Architecture, Inc. and Brian Guiniling of Mister Car Wash stated the purpose of the renovations is to make exterior improvements in addition to the minor improvements made over the winter. They are not proposing to add square footage to the building, and they will maintain the screening of the mechanical equipment. Class I materials, such as thin brick and cultured stone, will be added to be in compliance with a minimum of 75 percent. They will accentuate the entrances and exits with steel canopies. Additionally, they will add new landscaping with native species and color variation. The free standing sign in the drainage and utility easement will be relocated to be in compliance. Exterior lights will be converted to light emitting diode (LED) lights. Butcher Wickstrom inquired about the traffic flow of the cars exiting onto Flying Cloud Drive from Middleset Road. Additionally, exiting onto Middleset Road at Flying Cloud Drive, water tends to pool on the road. Lastly, the timing of the green and yellow light system could cause uncertainty with traffic flow. Guiniling acknowledged the exit onto Middleset is popular,but many customers use the vacuums prior to exiting, alleviating Middleset traffic. They will be submitting a signage package to complement the remodel and will look into signage indicating CITY COUNCIL MINUTES June 12, 2018 Page 5 alternate exits. Also, they are in discussions to adda catch basin at the exit of the tunnel to force water back to the building. Lastly, he will look into the timing of the yellow and green lights. Case stated he has not had an issue with the timing of the lights. He inquired what threshold of improvements determines when a project needs approval from the Council. Getschow responded projects such as this, are streamlined to the Council based on a percentage of modifications that was due to a City Code update to the threshold around 2012. Community Development Director Jeremiah stated if the proposal included building expansions or major changes, it would also go before the Planning Commission. There was interest at the time of the City Code update to review design standards. Nelson stated these modifications help add to the community. Aho added he appreciated the design standards being thoughtfully considered and incorporated. Tyra-Lukens inquired about the length of the project and if operations will continue during remodel. Guiniling noted similar projects have taken 45-60 days, and they anticipate minimal closure when work is done on entrances and exits. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, and direct staff to prepare a development agreement incorporating staff recommendation and Council conditions. Motion carried 5-0. X. 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." XI. ORDINANCES AND RESOLUTIONS A. MORATORIUM FOR ADULT USE ESTABLISHMENTS, GUN SALES AND PAWN SHOPS First and Second Reading of Interim Ordinance No. 13- 2018 prohibiting new Adult Use Businesses, Fire Arm sales and Pawn Shops for a period of one year; Resolution No. 2018-70 Authorizing the study of Adult Use Businesses, Fire Arm sales and Pawn Shops; and Resolution No. 2018-71 approving Summary Ordinance City Attorney Rosow stated as a result of a presentation on these sensitive uses at the last Council workshop, he was directed to draft an interim ordinance that imposes a moratorium of up to 12 months on any new establishment of these uses to allow for time to conduct a study. This is not a ban on businesses establishing within the community. The City cannot zone out any legal uses within the community,but the City is allowed to zone and separate uses. The ordinance CITY COUNCIL MINUTES June 12, 2018 Page 6 included in the packet is for a first and second reading and would need unanimous Council approval. In the case of not having unanimous approval, he has prepared separate interim ordinances. An interim ordinance is available for first and second reading of a moratorium on adult use businesses and pawn shops with a resolution to conduct a study. Additionally, a standalone interim ordinance has been prepared for first reading of a moratorium on fire arms sales. The purpose is not to direct the discussion but to have the option available and the motion prepared. Nelson stated there have been discussions about these uses in the past, and there currently are no adult business or pawn shop within City limits. Current fire arms shops are in locations where they would be allowed and have recognized these as good locations to do business. Nelson would like more research on distances from homes, daycares, and/or churches. She stated she is comfortable with the moratorium as it does not affect any current businesses. Aho stated he is interested in the safety and well-being of the city. He agrees we need to study the planning and ordinances for specific business uses. Adult use establishments are detrimental to the health of a community. It's critical to study best practices for handling possible future businesses of this type. Pawn shops are already defined in City Code with some regulations, but there currently are none within the City. He agrees that the City should study this use and how it should operate within these boundaries. Fire arms shops are a different category than the other two uses. There is no evidence suggesting the presence of a fire arm shop reduces the feeling of safety or decreases property values. It is not necessary to conduct a study as we currently have fire arm retailers in the City. These businesses are currently regulated by both federal and state laws. The businesses are reputable organizations that are very careful with their fire arms sales. Only one city nearby, Richfield, has a distance requirement for fire arms sales. Aho noted including fire arms sales in this interim ordinance makes him question if uses such as massage therapy, tattoo parlors, and liquor stores should also be included. He was not opposed to studying zoning recommendations for fire arms stores,but he was opposed to a moratorium on this use. He recommends Council remove fire arms sales from the proposed moratorium. Butcher Wickstrom supported the interim ordinance including all three uses. She, along with the rest of the Council,has received a lot of correspondence from residents about their concerns with fire arms sales impacting public health, safety, and welfare. It is within the purview of the Council to gain information to assist in making the best possible decisions on behalf of our residents. This ordinance and resolution authorizes Council to conduct a study to gain more information on the subject and the possible impacts as to the location of the businesses. The Council will then have an opportunity to make informed decisions about zoning. Case stated there were good reasons initially to put these three uses together due to the visceral negative reactions they may cause. The City cannot ban these uses, but there should be some consideration as to where they should be allowed. There is a large amount of research available on the impact of adult use businesses and a CITY COUNCIL MINUTES June 12, 2018 Page 7 lot of cities have placed restrictions on this use. Similar amounts of data and research are available on pawn shops. There is very little data available on zoning requirements for fire arms sales. He supported separating fire arms sales from the other uses and supported an interim ordinance on adult use businesses and pawn shops so we can investigate what other cities are doing. He would like to see the City engage residents about the distance and location of fire arms sales on City Connect. This information would help inform the Council and direct their action, and this question could potentially be included on a future City survey. He was not as concerned, short term, about an additional fire arms retailer moving into the City,but the data gathering could be timely. Tyra-Lukens stated it is the responsibility of the Council to help residents feel safe in their community. She recently listened to the Mayor of Parkland, Florida and students of Stoneman Douglas High School describe their experience after the school shooting there, and that community does not feel safe. Something needs to be done, and action has to start with local communities. She was told the NRA is in favor of common sense approaches in regards to access to guns. The Council has no intention to ban guns or repeal the second amendment. Common sense reforms need to be made. She is in favor of a moratorium on all uses but could agree to separate the uses in order to move forward with intensive data gathering with a deadline. Rosow stated the updated motion would approve the first and second reading of an interim ordinance on adult use businesses and pawn shops. Additionally, he made changes to the original ordinance by striking restrictions of enlargement or expansion for current businesses, as there are current restrictions in the code that cover expansion. MOTION: Aho moved, seconded by Case, to approve first and second reading of the Interim Ordinance No. 13-2018 prohibiting new Adult Use Businesses and Pawn Shops for a period of one year; and to adopt Resolution No. 2018-70 authorizing studies to determine amendments necessary to the City Code to protect public health, safety, welfare and to provide for sound planning related to Adult Use Establishments and Pawnshops; and adopt Resolution No. 2018-71 approving publication of the summary ordinance. Motion carried 5-0. Nelson stated she would support a separate motion made for fire arm sales as this does not impact current business locations. Additionally, she supported engaging residents and conducting a City survey. Rosow reviewedthe updated motion for a first reading of an interim ordinance on fire arm sales. The second readingand the resolution to authorize a study would have to be voted on at a later meeting for approval. Getschow added there does not have to be a moratorium on fire arms sales in order to conduct a study. CITY COUNCIL MINUTES June 12, 2018 Page 8 Butcher Wickstrom stated, without a moratorium, she wants to be sure information is gathered on the impact of fire arm sales and made available to residents who want to view it. Aho stated there would be ample notice to the Council prior to a new fire arms shop moving into the City due to necessary zoning and permits. Jeremiah noted if a retailer wanted to move into a tenant's space that allows retail sales, there would be no public review. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the first reading of the interim ordinance temporarily prohibiting new fire arms dealer stores for a period of one year. Motion carried 3-2, with Aho and Case opposed. Rosow stated first reading for a moratorium on fire arms dealer stores is limited to twelve months, and it has language that specifies it can be lifted earlier if the Council desires. The Council can also lift the moratorium for a specific area in the City if they deem it necessary. Case inquired if it is possible for the Council lift the moratorium and pass an ordinance if the collected data presents a clear path. Getschow responded yes, the full year is not necessary in order to pass an ordinance. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS MOTION: Aho moved to appoint to the Conservation Commission Gavin Makaram, Rhea Sharma, and Troy Johnson; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Rahul Bhaysar, Charles Bjorling, and Lucas Lorenz; Tyra-Lukens moved to appoint to the Heritage Preservation Commission Joe Pesheck and Sydney Lewis; Case moved to appoint to the Human Rights and Diversity Commission Meghana Chimata, Nikhita Dhar, Braden Ross, Nicole Mayer, and Shreya Anand; Nelson moved to appoint to the Parks, Recreation & Natural Resources Commission Carson Guettler, John Hilton, Tatum Gunderson, Ananya Vegesna, and Nile Timmerman. All seconded by Case. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Open Podium—Council Member Nelson Nelson requested City staff look into restating open podium rules to give CITY COUNCIL MINUTES June 12, 2018 Page 9 priority to Eden Prairie residents, as she does not want Eden Prairie residents to miss an opportunity to speak. Getschow responded it is the City's intent to prioritize Eden Prairie residents, and staff will follow up on screening scheduled speakers. 2. Outlots—Council Member Case Case questionned if outlots are consistent in how they are categorized. An outlot at Sandhill Circle and Village Woods Drive is mowed by the City and has markers designating separate entrances. This outlot is surrounded by homes,has a volleyball court,patio, and used to be an association outlot. The entrance on Sandhill Circle is mowed, but the entrance on Village Woods Drive to Red Rock Lake is overgrown by trees. He proposed staff cut the branches to allow access. He stated there are about six neighbors in favor of a trail for access. The neighbor that would be impacted most by their trees being cut is in the process of selling their property. Case additionally inquired if there is a process for selling outlots back to the community. Tyra-Lukens inquired if the Parks, Recreation and Natural Resources Commission (PRNRC)has looked into an overall policy on outlots.Parks and Recreation Director Lotthammer responded outlots are rarely acquired. This particular outlot was once maintained by a resident. In 2006 the PRNRC reviewed the condition of this outlot and determined there were existing entrances. The two markers are not designated entrances,but rather are property boundaries. The outlot has a very large cottonwood tree between these homes. There are grading issues and an arborvitae hedge on the home owner's property that would not last with the extensive trimming needed. In 2006, the home owners were not in favor. PRNRC was unanimous in their decision that creating a clearing would not be appropriate with the impact it would have on the neighboring properties. Tyra-Lukens inquired if the grading of the path would be acceptable in City parks. Lotthammer stated, due to ADA, the City would not designate it as a path. Tyra-Lukens questioned the safety of clearing this area. Rosow responded the City would be in violation of ADA compliance if it were made a designated path. In regards to the categorization of outlots, some outlots are owned outright. Outlots dedicated on a plat cannot be sold. Some are acquired by tax forfeiture with a deed that designates a specific use, if they are not used for that purpose they are turned over to the State. Case stated the park itself is accessible by an ADA path. Creating a path would connect neighborhoods and parks, which has been the desire of the Council for many years. Tyra-Lukens stated she would look at the property, but acknowledged this is not part of a park designed by City staff. Aho noted he will also look at it. CITY COUNCIL MINUTES June 12, 2018 Page 10 Getschow noted a resident requested an appeal to the PRNRC decision. He said the Council can direct staff in the way they would like to follow up. 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 8:49 p.m.