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City Council - 12/04/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 4, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, 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 Getschow said there is another presentation tonight that was not included on the agenda. The Lions Club of Eden Prairie have a brief presentation. Gary Watkins, President, and the Club Historian presented Mayor Tyra-Lukens with the Melvin Jones Fellowship award which is given to an individual in the community whose life has been characterized by a dedication to service. Mayor Tyra-Lukens has served 13 years as Mayor and seven years as a City Council member. She has dedicated two decades of her life to this community and to the Southwest Metro Transit. President Watkins presented a wall plaque and lapel pin to Mayor Tyra-Lukens. Mayor Tyra-Lukens thanked the Lions Club for the award. A. LETTER OF RECOGNITION FOR FORMER EDEN PRAIRIE POLICE OFFICER PATRICK KENYON Police Chief Weber and Mayor Tyra-Lukens presented a Letter of Recognition to Patrick Kenyon, an Eden Prairie resident and former Eden Prairie Police Department officer who saved the life of a woman who collapsed in Jerry's grocery store in July. CITY COUNCIL MINUTES December 4, 2018 Page 2 B. COMMENDATION FOR RIVER RESCUE BY MOSQUITO CONTROL DISTRICT EMPLOYEES Fire Chief Esbensen and Police Chief Weber presented Commendation Awards to two civilians, Adam Frey and Casey Herrmann. Chief Esbensen said the two men helped to save the life of a woman they pulled from the Minnesota River in August, 2018. Mayor Tyra-Lukens joined Chief Esbensen and Chief Weber in presenting the award to Mr. Frey and Mr. Herrmann. C. I-494 CORRIDOR PROJECT PRESENTATION Andrew Lutaya, MnDOT West Area Engineer, gave a PowerPoint update on the expansion project planned for I-494 from Hwy 169 to the river crossing at the airport. He reviewed the improvements planned for the project and preliminary design Phases 1 and 2. He also reviewed the specific projects and construction alternatives under consideration and the public engagement efforts planned. Aho said he serves as Chair of the I-494 Corridor Commission and appreciated the efforts of MnDOT on this. He commented this will be a huge improvement for the southwest metro area. He noted the Commission's Commuter Services staff will be assisting with getting the message out to employers along I-494 and will help commuters with their commutes around the construction projects. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 13, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, November 13, 2018, as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2018 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, November 13, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES December 4, 2018 Page 3 B. ADOPT FIRST AND SECOND READING OF ORDINANCE NO. 22-2018 AMENDING CITY CODE CHAPTER 11, RELATING TO PAWN SHOPS AND ADOPT RESOLUTION NO. 2018-130 APPROVING SUMMARY ORDINANCE C. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 23-2018 AMENDING CITY CODE SECTION 5.71, RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS AND ADOPT RESOLUTION NO. 2018- 131 APPROVING SUMMARY ORDINANCE D. APPROVE SECOND READING OF ORDINANCE NO. 24-2018 AMENDING CITY CODE CHAPTER 11, RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADOPT RESOLUTION NO. 2018-132 APPROVING SUMMARY ORDINANCE E. APPROVE SECOND READING OF ORDINANCE NO. 25-2018 AMENDING CITY CODE SECTION 4.07, RELATING TO A LICENSED LIQUOR PREMISES AND ADOPT RESOLUTION NO. 2018-133 APPROVING SUMMARY ORDINANCE F. APPROVE SECOND READING OF ORDINANCE NO. 26-2018 AMENDING CITY CODE SECTION 5.37 RELATING TO PEDDLERS AND ADOPT RESOLUTION NO. 2018-134 APPROVING SUMMARY ORDINANCE G. APPROVE SECOND READING OF ORDINANCE NO. 27-2018 AMENDING CITY CODE CHAPTER 5, RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADOPT RESOLUTION NO. 2018-135 APPROVING SUMMARY ORDINANCE H. APPROVE SECOND READING OF ORDINANCE NO. 28-2018 AMENDING CITY CODE SECTION 5.46, RELATING TO MASSAGE AND ADOPT RESOLUTION NO. 2018-136 APPROVING SUMMARY ORDINANCE I. ADOPT RESOLUTION NO. 2018-137 APPROVING SUMMARY ORDINANCE FOR LINCOLN PARC APARTMENTS/CASCADE AT TOWN CENTER AND RATIFY ORDERING THE PUBLICATION OF SUMMARY ORDINANCE J. APPROVE TRANSFER OF RETIRED POLICE CANINE TO OFFICER K. APPROVE CONTRACT TO PURCHASE CAMERAS FROM VTI SECURITY FOR CITY HALL CAMERA UPGRADE PROJECT L. APPROVE CONTRACT TO PURCHASE MINITOR PAGERS FOR FIRE DEPARTMENT FROM MOBILE RADIO ENGINEERING, INC. CITY COUNCIL MINUTES December 4, 2018 Page 4 M. ADOPT RESOLUTION NO. 2018-138 SUPPORTING CITY PARTICIPATION AND FUNDING FOR OPEN TO BUSINESS PROGRAM FOR THREE YEARS N. APPROVE GARDEN LEASE WITH METROPOLITAN AIRPORTS COMMISSION O. ADOPT RESOLUTION NO. 2018-139 DESIGNATING POLLING PLACES FOR 2019 P. APPROVE AMENDMENT TO SUBORDINATE FUNDING AGREEMENT NO. 8 FOR LOCAL WORK CONSTRUCTION FOR SWLRT PROJECT Q. ADOPT RESOLUTION NO. 2018-140 APPROVING EQUIPMENT DONATION FOR LAKE RILEY CD3 STATION R. AWARD CONTRACTS FOR 2019 WATER TREATMENT CHEMICALS S. AWARD BID FOR LIME RESIDUALS HAULING AND DISPOSAL FOR THREE YEARS TO REHBEIN AG SERVICES T. ADOPT RESOLUTION NO. 2018-148 REVOKING THE SPECIAL ASSESSMENTS FOR CEDARCREST STABLES U. APPROVE AGREEMENT WITH SRF FOR CONSTRUCTION ADMINISTRATION SERVICES FOR PRESERVE BLVD PROJECT V. ADOPT RESOLUTION NO. 2018-141 APPROVING PLANS AND SPECIFICATIONS FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENTS W. DECLARE DAMAGED 2016 DODGE CHARGER AS SURPLUS AND AUTHORIZE PURCHASE OF 2019 DODGE CHARGER SQUAD CAR Regarding Item H, Rosow said it has always been interpreted that, in order to have a massage license, an individual must have a facility in the City that complies with the City zoning ordinances. That has been made explicit in the second reading of the ordinance. MOTION: Case moved, seconded by Aho, to approve Items A-W on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2018-142 APPROVING MODIFIED BUDGET FOR TAX INCREMENT FINANCING DISTRICT NO. 18 CITY COUNCIL MINUTES December 4, 2018 Page 5 Getschow said this is the same item that was acted upon by the HRA earlier this evening. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2018-142 approving the modified budget for Tax Increment Financing District No. 18 (Heights at Valley View Apartment Project). Motion carried 4-0. B. RESOLUTION NO. 2018-143 CERTIFYING 2019 PROPERTY TAX LEVY, ADOPTING 2019 BUDGET AND APPROVING 2019 HRA TAX LEVY Tammy Wilson, Finance Supervisor, gave a PowerPoint presentation on the 2019 property tax levy and budget. She noted by State law a public hearing must be held after property owners have received their property tax statements. She stated the City budget for 2019 will have a 2.9% increase over 2018, and the tax levy will have a 2.7% increase over 2018. She reviewed the 2019 general fund revenue and expenditures and the debt levy. The property tax impact on a median value home will increase 1.2%, a $5,000,000 apartment building will increase 3.6%, and a $2,000,000 commercial building will increase by 0.5%. The average monthly cost of City services for a median value home will be $106.33. Getschow said the City has a two-year schedule for the budget, and staff is getting ready to work on the 2020-2021 budget. He gave a PowerPoint presentation that reviewed the City goals for the budget including community well-being and safety, high quality efficient services, a preserved and beautiful environment, a sense of community, innovative and sustainable practices, and economic vitality. The 2018- 2019 budget aims to maintain high quality City services at a reasonable tax impact and to maintain a strong financial position and enhance a sense of community identity. He said market values in Eden Prairie have rebounded from the recession of 2009-2010. He noted Eden Prairie does not receive Local Government Aid and is the No. 3 contributor towards fiscal disparities in the metropolitan area. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2018-143 certifying the 2019 Property Tax levy to be $38,278,724; to approve the 2019 Budget of$50,054,720 as reviewed by the Council; and to approve the HRA tax levy and budget of$200,000. Motion carried 4-0. C. FIRST AND SECOND READINGS OF ORDINANCE NO. 29-2018 APPROVING 2019 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2018-144 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES December 4, 2018 Page 6 Getschow said the Council must approve all the City fees for 2019. This item includes those fees adopted by ordinance, which are, for the most part, related to building permits and building code. Since the motion includes approving both first and second readings of the ordinance, a unanimous approval of the Council is required. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to approve first and second readings of Ordinance No. 29-2018 updating the Fee Schedule for Administration of Official Controls; and to adopt Resolution No. 2018-144 approving the Summary for Publication. Motion carried 4-0. D. RESOLUTION NO. 2018-145 APPROVING 2019 FEE SCHEDULE FOR CITY SERVICES Getschow said this item does not require a public hearing; however, the City Council has decided that all fee schedules will be considered at a public hearing. These fees include fees such as park and recreation fees, Community Center membership, business license fees, administrative fees, and fees for rental of City facilities. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt the 2019 Fee Resolution No. 2018-145. Motion carried 5-0 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 Aho, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE SECOND READING OF ORDINANCE NO. 30-2018 AMENDING CITY CODE SECTION 5.35, RELATING TO TOBACCO AND ADOPT RESOLUTION NO. 2018-146 APPROVING SUMMARY ORDINANCE Getschow said on November 13 the City Council approved first reading of an ordinance amending City code related to tobacco to raise the age from 18 to 21 for the sale of tobacco products by retailers. The Council held several workshops and held a public hearing at the November meeting. Typically, second reading is either on the Consent Calendar or is simply acted upon at the next meeting. However, for this item the CITY COUNCIL MINUTES December 4, 2018 Page 7 retailers in the City were provided with notice about both the November meeting and this meeting and were told we would take public input. The ordinance is set up not to be effective until February 1, 2019, to give retailers the necessary time to update their software programs and employee training. Donna Shakked, 9626 Marshall Road, said she strongly supports raising the age for tobacco sales to 21. There is deceptive marketing being done to children with products that have attractive flavors and colors. Molly Moilanen, Co-Chair of Minnesota for a Smoke-Free Generation, thanked staff for their accommodation. She reviewed the cities in Minnesota that have passed Tobacco 21 ordinances and stated her organization is pushing to pass a state-wide law for Tobacco 21. MOTION: Nelson moved, seconded by Case to approve second reading of Ordinance No. 30-2018 amending City Code Chapter 5, Section 5.35 relating to tobacco, and to adopt Resolution No. 2018-146 approving summary ordinance. Aho said he had the same concerns he raised at the previous meeting that individuals who reach the age of 18 can serve in the military, marry, and vote,but we would treat them differently with this ordinance. He thought it will have unintended consequences for our stores because people will go to the surrounding communities to buy tobacco products. He was in favor of doing this at a state-wide level because that would be the most effective way to limit the age for tobacco sales. Case appreciated Council Member Aho's concerns for businesses, one that is shared by all the Council Members. He noted the dollar amount of revenue lost for the 23 tobacco-selling businesses in the City as a result of passing this ordinance would be minimal when compared to the millions of dollars that would be spent by those individuals who incur health issues as a result of addiction to tobacco. Aho said he understood the retailers do not make a lot of money on tobacco products but people buy other items such as gasoline and groceries at their stores. He did not think passing this ordinance would be effective. VOTE ON THE MOTION: Motion carried 3-1, with Aho opposed. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 3, RELATING TO WATER EMERGENCIES Getschow said this item updates City code regarding water conservation restrictions when the Governor declares a"critical water emergency." This update gets our code in line with State statutes. MOTION: Aho moved, seconded by Case, to approve the first reading of an ordinance amending City Code Chapter 3 relating to water emergencies. Motion carried 4-0. CITY COUNCIL MINUTES December 4, 2018 Page 8 XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Performance Review Tyra-Lukens said, when City Manager Getschow started work here, he was hired in March or April, but we have decided to do the review at the end of the year as Council members move on. The Council met in closed session prior to this meeting to discuss his performance and to evaluate the role Mr. Getschow has played in keeping a budget, delivering City services and maintaining our Aaa bond rating. Mr. Getschow is very innovative, follows through, and provides strong leadership to staff. He has been an exemplary City Manager every year he has been here. The Council determined to increase Mr. Getschow's salary retroactively for 2018 to $176,823, which is the salary cap based on the State legislature. In addition,he will receive a 2.5% increase to $181,243 for 2019, which is the anticipated cap for the coming year. Mr. Getschow will be awarded 30 hours of paid PTO to be placed in a dedicated account that cannot be converted to cash until he leaves his employment with the City. She congratulated the City Manager on another outstanding year. MOTION: Case moved, seconded by Nelson, to increase retroactively City Manager Getschow's 2018 salary to $176,823, and to increase his 2019 salary by 2.5% to $181,243, and to provide 30 hours of PTO for 2019 in a dedicated account. Motion carried 4-0. B. REPORT OF CITY MANAGER 1. Resolution No. 2018-147 Approving 2019 to 2028 Capital Improvement Plan Finance Director Sue Kotchevar gave a PowerPoint presentation of the 2019 to 2028 Capital Improvement Plan (CIP). The objective of the CIP is to plan for capital maintenance and improvements, to provide for consistent investment in City equipment, facilities and infrastructure, and to preserve and expand capital in a way that is sustainable and affordable for Eden Prairie residents. She reviewed the value of the projects by division and noted the total is $281,000,000, compared to $276,000,000 for 2017 to 2026. She reviewed the funding summary, 80% of which is for transportation and utility projects. She noted the largest transportation project planned is the reconstruction of Flying Cloud Drive. She also reviewed projects and CITY COUNCIL MINUTES December 4, 2018 Page 9 expenditures for pavement management, parks and recreation, public safety, and facilities and information technology. She said the City has had a bond rating from Moody's of Aaa since 2003 and a rating of AAA from Standard & Poor's since 2014. She noted only 17 other cities in Minnesota and 7% of U.S. cities have obtained that rating. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018- 147 approving the 2018 to 2028 Capital Improvement Plan. Motion carried 4-0. 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 Council Member Case read a proclamation proclaiming December 18, 2018 as Mayor Nancy Tyra-Lukens Day in Eden Prairie in recognition of her leadership and service to the City of Eden Prairie. He invited the community to join the Council Members in thanking her for her years of service on Tuesday, December 18, from 5:00 to 8:00 PM at the City Hall Garden Room. Council Member Nelson thanked Mayor Tyra-Lukens for the way she encourages people to be involved in the City. The Mayor has a long history of visiting businesses here. She appreciated how the Mayor sees the needs of the community before many other people. The Mayor focused on what Eden Prairie could be, not what it is. Council Member Aho thanked Mayor Tyra-Lukens for all of her service and leadership. She has good insight into what Eden Prairie wants and is able to deliver that. She has left a legacy for residents of Eden Prairie, and she serves as a lesson to everyone. Council Member Case said his history with Mayor Tyra-Lukens goes back to the 1994 campaign when they both won City Council seats. At that time, she established herself as an incredibly engaged Council Member. She supported causes that benefitted people. She encouraged planting trees and preserving the bluffs in Eden Prairie. She encouraged the great quality of life we have here that will benefit future generations. He noted Eden Prairie is a much better place to live and work because of the 20 years of service given by the Mayor. CITY COUNCIL MINUTES December 4, 2018 Page 10 Mayor Tyra-Lukens said it has been a great 20 years. The population has almost doubled and has changed to be older and more diverse. She was in a position to be able to see this happen and to help enact our core values. She was very proud of Eden Prairie being the only city in the state to make the Star Tribune list of best places to work. She hoped future City Council Members will continue the efforts on energy efficiency, continue to emphasize the youth in our City, and to continue to press for the design of public and commercial buildings to make sure the building is a positive impact. She hoped we will take advantage of the opportunities offered by light rail. She thanked the residents who elected her to office and who serve on commissions and task forces as well as all those who provide input to the City. She also thanked her family for their support. XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:47 p.m.