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City Council - 01/08/2019 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 8, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, 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 Case called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS NELSON AND FREIBERG Former Mayor Nancy Tyra-Lukens swore in Ron Case as Mayor. City Attorney Rosow swore in Council Members Kathy Nelson and Mark Freiberg. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS/PRESENTATIONS A. PROP FOOD SHELF COLLECTION Getschow said throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Liquor Operation Manager Jaime Urbina reported their efforts raised a total of $5,019.11 and 298 pounds of food for the PROP food shelf. He thanked their customers for the donations. He and Mayor Case presented a check for$5,019.11 to Jennifer Loon, Vice Chair of the PROP Board. B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR STARING LAKE OUTDOOR CENTER PROGRAMS (Resolution No. 2019-01) CITY COUNCIL MINUTES January 8, 2019 Page 2 Lotthammer said the Eden Prairie Lions Club has donated $400 for the Staring Lake Outdoor Center programs. He noted the Lions Club makes several donations each year to City parks and recreation programs, and we appreciate their support. MOTION: Nelson moved, seconded by Aho to adopt Resolution No. 2019-01 accepting the donation of$400 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. Motion carried 4-0. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (Taken out of sequence following Item XII.A.) VII. MINUTES VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHWEST TRANSIT GARAGE by Len Simich. Second Reading of Ordinance 1-2019-PUD-1-2019 for PUD District Review with waivers on 10.05 acres; Resolution 2019-02 for Site Plan Review on 10.05 acres (Ordinance No. 1-2019- PUD-1-2019 for PUD Review; Resolution No. 2019-02 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 2-2019 AMENDING CITY CODE CHAPTER 3, RELATING TO WATER EMERGENCIES AND ADOPT RESOLUTION NO. 2019-03 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2019-04 APPROVING DECERTIFICATION OF EDEN PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18 E. ADOPT RESOLUTION NO. 2019-05 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2019 F. ADOPT RESOLUTION NO. 2019-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION NO. 2019-07 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION NO. 2019-08 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS I. ADOPT RESOLUTION NO. 2019-09 DESIGNATING DEPOSITORIES CITY COUNCIL MINUTES January 8, 2019 Page 3 J. ADOPT RESOLUTION NO. 2019-10 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS K. ADOPT RESOLUTION NO. 2019-11 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL L. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2019 M. AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS FOR DISASTER RECOVERY SITE FROM XIGENT SOLUTIONS,LLC N. ADOPT RESOLUTION NO. 2019-12 APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR SPRING ROAD/CSAH 4 PEDESTRIAN IMPROVEMENTS O. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT P. APPROVE AGREEMENT WITH AET FOR CONSTRUCTION TESTING SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT Q. ADOPT RESOLUTION NO. 2019-13 AWARDING CONTRACT FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT TO EUREKA CONSTRUCTION, INC. R. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR BIRCH ISLAND ROAD DESIGN AT RAILROAD CROSSING S. APPROVE AGREEMENT WITH HTPO FOR STARING LAKE BUILDING SITE PLANS T. APPROVE LEASE WITH HARTZELL PFO INC. FOR CHUCK& DON'S PET FOODS AND SUPPLY STORE AT 8022 DEN ROAD U. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Aho, to approve Items A-U on the Consent Calendar. Regarding Item IX.U., Aho said he serves as Chair of the I-494 Corridor Commission. The duties of treasurer of that organization revolve among the member CITY COUNCIL MINUTES January 8, 2019 Page 4 cities, and they have found performing all the accounting to be a problem for the small commission. Staff in the Eden Prairie Finance Department has offered to take on these accounting duties. Freiberg asked for clarification of Item IX.O. Ellis said there are three items on the agenda that revolve around the Preserve Boulevard improvement project, including the amendment of the final design services agreement, an agreement for construction testing services and the awarding of a contract for the construction of the roadway. Freiberg asked if it would be appropriate for him to abstain from voting on those items because he was just elected to the Council. Rosow replied there was no need for him to abstain simply because he was not part of the original public hearing. VOTE ON THE MOTION: Motion carried 4-0. X. PUBLIC HEARINGS/MEETINGS XI. 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, Freiberg, Nelson, and Case voting "aye." XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE REPEALING CITY CODE SECTION 10.2 DEALING WITH INDIVIDUAL SEWAGE TREATMENT STANDARDS Getschow said there are approximately 120 individual sewage treatment systems remaining in the City. Hennepin County desires to take over the regulation of and enforcement for such systems county-wide. This will help for uniform regulation of septic systems across the County. The proposed ordinance repeals the City's regulatory system. Staff will come back at a future Council meeting with second reading of the ordinance and an agreement with the County to transfer the regulatory and enforcement functions to the County. MOTION: Freiberg moved, seconded by Aho, to approve the first reading of an ordinance repealing Section 10.2 of City Code dealing with individual sewage treatment standards. Motion carried 4-0. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (taken out of sequence) Aho added Item XIV.A.1. Freiberg added Item XIV.A.2. Case added Item XIV.A.3. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES January 8, 2019 Page 5 XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIV. APPOINTMENTS Case said the City Council will appoint Council Members to boards and commissions at the January 22 meeting. A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution No. 2019-14) MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2019-14 designating Eden Prairie News as the official City newspaper for the year 2019. Motion carried 4-0. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY COUNCIL IN 2019 AND APPOINT ACTING MAYOR (Resolution 2019- 15) Case noted traditionally the Council has appointed the most senior Council Member to be the Acting Mayor. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2019-15 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2019 and to appoint Council Member Brad Aho as Acting Mayor. Motion carried 4-0. C. APPOINTMENTS TO 2019 BOARD OF APPEAL AND EQUALIZATION Case said the Board of Appeal and Equalization is made up of real estate professionals who understand the market. Getschow said the proposed members are Lyndon Moquist, Annette O'Connor, Todd Walker, Nate Thompson and Kristin Rial. All of them are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area. MOTION: Aho moved, seconded by Freiberg, 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, 2019 through May 31, 2019, or until the Board of Appeal and Equalization completes its work. Motion carried 4-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Joint Airport Zoning Advisory Board (JAZB) Update— Council Member Aho CITY COUNCIL MINUTES January 8, 2019 Page 6 Aho said he serves as Chair of the JAZB which has been meeting for ten years trying to codify zoning around the airport. The JAZB works with the Metropolitan Airport Commission (MAC) and MnDOT to make changes. We would like to allow some building to take place around the airport,but there are some areas that are included in the airport safety zones, The Board met this week to approve our interim commissioner's order. The last bit of the process is to have a public hearing. MnDOT has to approve the agreement first and then it will go through the public hearing process. The public hearing will take place on February 22 here in the Council Chamber. Case said over the last ten years we have voted on JAZB items several times, and he was the only one to vote against it. He said the legislature has given the MAC power over everything, so we should have stayed outside the JAZB. He believed we should have statutory input outside of that process. Aho said we have a good working relationship with the MAC. It is important that the City stay at the table to be sure the City has some input on changes that might occur around the airport. 2. Housing Advisory Board—Council Member Freiberg Freiberg said affordable housing and life cycle housing are complicated issues. During his recent campaign he had many discussions with people about the housing situation in Eden Prairie. He made a commitment during his campaign to bring this issue forth to the Council right away. He noted he has a background in real estate and mortgage banking. He would like to put together a Housing Advisory Board or Commission by appointment or ordinance to get input from the community,real estate professionals, and developers that live in the community to help solve this critical problem. He called on his colleagues to support him in this effort. He would like to pass an ordinance to set up the new board immediately so it could start along with the other commissions in February. Case thought this is a great idea;however, the Council has not yet had an opportunity to have a workshop where we would listen to staff and present some of our goals for this year. He did like the idea of a housing task force that would work with the Chamber. He would also like to reactivate the Senior Task Force and form a task force on diversity. He would suggest putting this on hold until we have a workshop with staff to discuss goals. Aho said it was a great idea; however, we do have to work it into the bigger picture, especially as far as staff time is concerned. Nelson said we had a Housing Task Force in the past, and she believed it is time to have another one. It doesn't have to be at the Commission level because we would have to pull people from various commissions and from the community. CITY COUNCIL MINUTES January 8, 2019 Page 7 Getschow thought the Council should continue this conversation. There are many ways to set it up. He would be very concerned about putting an ordinance together to set up a commission to take effect in February. Freiberg said he was okay with delaying the start as long as we are firm in our belief that this discussion will happen. He would prefer to have a commission because this is a serious problem that will not go away, and he believed it should be at the commission level. Case believed the other Council Members supported Council Member Freiberg on this,but we do need to find the best way to address it. 3. Potential Device to Monitor Speeding Cars—Mayor Case Case said during the election campaign we have heard many stories about speeding cars on several neighborhood streets. The perception is that it is some group of people that speed all the time,but the traffic analysis shows it is usually people that live in the neighborhood. He recently attended a presentation from Traffic Logix at a National League of Cities convention. Traffic Logix produces a digital speed readout sign with a computer inside that retains information about every car that went through the sign with the speed and the time. He suggested staff look into this to see if it would be possible use these to gather data. It seems like an incredible solution to a problem we hear a lot about. Nelson said it would be good to look into this. She would like to have more information on how they work and the cost of the devices. Getschow said staff has some dynamic signs in use now. He and Mr. Ellis will do more research on this new type of sign and will bring back further information to the Council. 4. Discuss Council Vacancy Case said he was in the middle of a four-year term on the City Council when he took over the office of Mayor. He asked staff to report on our options to fill the vacant Council seat. Rosow said Minnesota statutes specifically address what happens when there is a vacancy on a City Council. In case of a vacancy, the vacant seat shall be filled by City Council appointment until an election is subsequently held. In case of a tie vote in the Council, the Mayor shall make the appointment. There are options for dealing with when the vacancy occurs and whether a special election has to be held. In this case, a special election can be held with the next general election because the time that remains on Mr. Case's term is less than two years. The Council has the option to appoint someone and let that person fill out the remainder of the term rather than holding a special election. CITY COUNCIL MINUTES January 8, 2019 Page 8 Aho thought every election is a little different,but in this case there were two other individuals that ran for City Council. One of those individuals was very close to achieving success, so he thought it makes a natural choice for us as a Council in terms of precedence. He thought that individual would do a fine job as a Council Member. His preference would be to appoint P. G. Narayanan to serve the remainder of the term. Nelson agreed with Council Member Aho's suggestion. The second and third place finishers in the election were very close, and it is a very easy vote to go to the third place finisher to fill the vacancy. Freiberg said he was also in favor of appointing Mr. Narayanan. He has respect for him, and the election was very close. Case noted the Council would have to pass an ordinance and explain why we were having a special election because there is less than two years left in the term. That would also mean we could not seat anyone for three months, and there would be extra costs associated with holding a special election. We have done this by appointment in the recent past, so there is a precedent. There are three cities around us that are filling City Council or School Board seats. In addition, Mr. Narayanan ran a campaign that came within 300 votes of the second place candidate. He brings great experience in business and also represents a segment of the community that is diverse. He would be only the second Council Member of diversity to serve as a member of the Eden Prairie City Council. MOTION: Nelson moved, seconded by Aho, to appoint P. G. Narayanan to fill the vacancy created by the election of Ron Case as Mayor. Nelson said Mr. Narayanan was Chair of the Human Rights and Diversity Commission at one time and is currently the Chair of the Eden Prairie Community Foundation. He is very well versed in the Eden Prairie community and is well respected. VOTE ON THE MOTION: Motion carried 4-0. Case said Mr. Narayanan will be sworn in at the next Council meeting on Tuesday, January 22. B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Getschow said there are six other City commissions other than the Board of Appeals and Equalization. We will begin the recruitment process for those commissions on January 9 when the application process opens. Applications CITY COUNCIL MINUTES January 8, 2019 Page 9 must be submitted by February 4. Unlike the process in many other cities, the full City Council will interview each of the commission candidates on February 26. The Council then appoints commissioners on March 5, with an orientation for commissioners in late March. MOTION: Aho moved, seconded by Freiberg to approve the timeline for recruitment of Board and Commission candidates and set February 26, 2019 as the date for commission interviews. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Professional Service Agreement with Artist Q Rench of QR Desisn for Preserve Boulevard Public Art Lotthammer said several years ago the City Council asked staff to look at opportunities for public art within the community. Funds have been budgeted for public art in the Preserve Boulevard project. He gave a PowerPoint presentation that reviewed the timeline for the project and noted we received over 70 applications from artists. He said a staff committee was formed to review the applications. The Committee asked four of the applicants to provide more detailed information. In October the committee selected C. J. Rench to design the public art. Mr. Rench is an artist who has done projects all over the country. Lotthammer showed models of two designs and gave a PowerPoint presentation of several designs. He noted we can choose the designs and colors to be used. The locations selected for the art are the intersection of Anderson Lakes Parkway and Preserve Boulevard, two located in the medians of Preserve Boulevard, and one near the intersection of Preserve Boulevard and Prairie Center Drive. The art pieces would play off the vegetation found in the City and would be 15-25 feet tall. Nelson asked if we will do four of the six designs presented in the material and if those four have been decided on. Lotthammer replied the four designs will be the ones in the slide presentation. He said the pieces have been vetted with our natural resource specialists. We want the art to be representative of what we have in the community,but there could be changes in the selection. Nelson commented she was not sure if the green design would weather well. Aho said he had some of the same considerations as to which ones were selected and where they would be located. He asked if there was any way to replicate the grasses we have in our City logo. Lotthammer said we did not ask them to do that,but we could take a look at that. Aho then asked what is included in the $130,000 cost. Lotthammer replied there will be two large pieces, one at each CITY COUNCIL MINUTES January 8, 2019 Page 10 end, and two smaller pieces in the medians. All the concept, design and structural work that needs to take place is included. Case thought this should represent plants that were here in Eden Prairie before 1852 in order to make sense with our prairie logo. He noted public art was one of the really big pieces of Mayor Tyra-Lukens' legacy. As a Council, we felt this area coming north towards the mall is a central gateway to the mall. He thought the committee is on the right track, and he liked the idea of telling a story and having historical connections. He asked if the Council is being asked to approve the contract tonight but will still have the ability to tweak the designs. Getschow said that was correct. Aho said the new monument entry sign on I-494 looks very nice. Case noted Council Members Aho and Butcher Wickstrom were on the committee that worked on the monument signs. MOTION: Nelson moved, seconded by Aho, to approve the professional services agreement for $130,000 with CJ Rench of CJR Design for Preserve Boulevard public art design, fabrication, and installation, subject to submission of all contract-required documents including bonds and insurance certificates. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:19 p.m.