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HomeMy WebLinkAboutCity Council - 08/13/2019APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 13, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, 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 PM. Council Member Aho was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. GREENSTEP CITIES AWARD Diana McKeown, Director of the Clean Energy Resource Team, said there are 125 cities in Minnesota that are GreenStep cities. The City of Eden Prairie has reached Step 5, one of only 13 cities in the State that have reached that level. She noted Step 4 requires each city to decide what is to be measured in order to determine the impact of the changes made and to reach the Step 5 level. Case asked for an example of the measurements. Ms McKeown replied there are a number of things that can be measured such as the reduction of greenhouse gas emissions. Case noted we completed our 20-40-15 program several years ago and then began our Sustainable Eden Prairie efforts because our City is very conscious of environmental and ecological concerns. It is a matter of doing what is right for the environment and leading the way as a city. Ms McKeown presented the Steps 4 and 5 blocks to Mayor Case. Nelson asked when Step 6 will be announced. Mr. McKeown replied Step 5 means continual improvement, and she was not sure where the program will go with Step 6. CITY COUNCIL MINUTES August 13, 2019 Page 2 B. ACCEPT BIKE FIX IT STATION DONATION FROM SCHEELS (Resolution NO. 2019-85) Lotthammer said Scheels came to us wanting to donate a bike fix it station for the park system. The fix it station has been placed adjacent to the trail in Purgatory Creek Park where a high number of bikes travel on a daily basis. Representatives of Scheels said they believe the fix it station will be very helpful to the community. Narayanan asked if it is a temporary station. The Scheels representative replied it will be a permanent station that will provide tools for bike repairs. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2019-85 accepting the donation of a bike fix it station by Scheels. Motion carried 4-0. C. ACCEPT DONATION OF $9,606.03 FROM THE SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution No. 2019-86) Lotthammer said we celebrated the ten-year anniversary of the Eden Prairie Art Center a couple of weeks ago. The Sampson family has been a great sponsor for the Art Center, starting with their donation of the building over ten years ago. They have given contributions over the years to continue to improve the facility, and this year they are donating $9,606.03 to purchase more equipment. Case said he had the opportunity to attend the ten-year celebration of the building and to meet some of the Sampson family members. He thanked them for their generous donations over the years. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-86 accepting the donation in the amount of $9,606.03 from the Sampson Family to go toward Art Center equipment. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 16, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 16, 2019 CITY COUNCIL MINUTES August 13, 2019 Page 3 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, July 16, 2019, and the City Council meeting held Tuesday, July 16, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. SHELDON PLACE by Schaefco Development, LLC. Second reading of Ordinance 17-2019-PUD-10-2019 for PUD District review with waivers and Zoning District change from Rural to RM-6.5 on 1.01 acres; Resolution 2019-87 for Site Plan review on 1.01 acres (Ordinance No. 17-2019-PUD-10-2019 for Zoning District change; Resolution No. 2019-87 for Site Plan) C. APPROVE TWO YEAR EXTENSION OF APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST BY PROJECT DEVELOPERS, INC. (Resolution No. 2019-88) D. APPROVE LCDA GRANT FROM METROPOLITAN COUNCIL AND LOAN AGREEMENT TO COMMONBOND COMMUNITIES FOR TRAIL POINTE RIDGE E. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR STARING LAKE PARK PARKING LOT IMPROVEMENT PROJECT F. ACCEPT CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT (Resolution No. 2019-89) G. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WENCK ASSOCIATES FOR PHASE VIII POND INVENTORY AND INSPECTION PROGRAM H. AUTHORIZE AMENDMENT TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WSB & ASSOCIATES, INC. FOR PLEASANT HILL CEMETERY I. APPROVE VALLEY VIEW ROAD TRAIL EXTENSION PROJECT CHANGE ORDER #2 J. APPROVE PURCHASE OF REPLACEMENT FIRE HOSES FROM FIRE SAFETY USA K. APPROVE PURCHASE OF REPLACEMENT SELF-CONTAINED BREATHING APPARATUS CITY COUNCIL MINUTES August 13, 2019 Page 4 L. AWARD CONTRACT TO SEBCO, INC. FOR 2019 CITYWIDE BUILDING RESTORATION PROJECT M. AWARD CONTRACT TO METROPOLITAN MECHANICAL CONTRACTORS, INC. FOR COMMUNITY CENTER RINK #2 MAKE-UP AIR UNIT #2 REPLACEMENT MOTION: Nelson moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. PARK AND OPEN SPACE ZONING DISTRICT CHANGE by City of Eden Prairie. First reading of an ordinance for a zoning district change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space zoning district (Ordinance) Getschow said last year the City created a new Parks zoning district to provide for a uniform district with uniform setbacks, heights and parking requirements for our parks. Beth Novak-Krebs, Senior Planner, gave a PowerPoint presentation about the Parks and Open Space zoning district change. She noted the Planning Commission unanimously approved the zoning district change at their recent meeting. The ordinance will rezone 35 parks, one special use area and 15 conservation areas to Park and Open Space zoning. She noted the ordinance will not affect any adjacent private property. She reported notice was given to 9,200 residents about the public information meeting on June 3, the July 22 Planning Commission public hearing, and tonight’s public hearing at the City Council meeting. Maps showing the existing zoning and the proposed zoning of parks and open spaces were posted on the City website. She noted this item will come back for second reading at a later date. Nelson assumed the current conservation areas will remain as conservation acres and asked if this project includes outlots. Novak-Krebs replied the conservation areas will remain as such, and the change will include outlots and other parcels. Rosow explained this affects only publicly owned property that is currently designated as park or open space. If it is a privately owned outlot, it is not affected. Novak-Krebs noted there were questions about outlots behind people’s homes, and this does not impact those outlots. Case commented it seems this could only have a positive impact on contiguous neighbors, and it should add tremendous relief for people regarding the future use of parks. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, and CITY COUNCIL MINUTES August 13, 2019 Page 5 to approve the first reading of an ordinance for a Zoning District change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District. Motion carried 4-0. B. ARBY’S by Arby’s Restaurant Group. Amendment to the approved Site Plan and Architectural Design on 1.14 acres. Getschow said the applicant is proposing interior and exterior remodel of the current Arby’s restaurant. The proposed changes include items such as changing the exterior building elevations, resurfacing and restriping the parking lot, adding a landscaped island and replacing other landscaping, installing a sidewalk connection to Franlo Road, updating the existing signage, and the screening of rooftop mechanicals visible from Prairie Center Drive. John Wollberg, ArcVision, Inc., gave a PowerPoint presentation of the remodeling project to bring the building up to the current standards for Arby’s restaurants. He noted they are currently over parked and will eliminate some of the parking spaces. He reviewed site plans showing the current configuration and the proposed configuration. They plan to add a bike rack and will build a canopy over the drive through. They will add a lot of landscaping around the site. He noted the project, as presented, is over budget by $250,000 because they were required to meet the City standards, and he was not sure the project will be approved by Arby’s. Narayanan asked if Mr. Wollberg was suggesting the pedestrian walkway may not be included because he would be very concerned if that were true. Mr. Wollberg said they will have to present the plans to the corporate office. Freiberg assumed the footprint is not changing and asked where the cost run-ups would occur that might cause pushback from Arby’s. Mr. Wollberg replied a lot of the extra cost is for the pedestrian crosswalk and the extra cost for replacing the brick siding. Case asked where the pedestrian crosswalk is located. Mr. Wollberg pointed out the location of the crossing to the perimeter drive and another crossing over to the curb on the other side of the street. Nelson said she did not want to see the mechanical structures on the top of the building. Mr. Wollberg replied they are adding screening around the equipment on the roof. Narayanan asked if the energy consumption will increase or decrease as a result of the remodeling. Mr. Wollberg responded it should decrease because they are getting rid of some of the tall glass in the building and will have all LED lighting. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing. Motion carried 4-0. CITY COUNCIL MINUTES August 13, 2019 Page 6 Freiberg was concerned about the project being $250,000 over budget. He wanted things to move forward but would be interested to know if a lot of the extra cost could be attributed to the exterior finishing and if there were alternatives that would work. Dale Rummell, CrestHill Development, said his company is a third party that coordinates remodeling projects for Arby’s. He said about 90% of the extra cost of the project is the use of brick rather than Exterior Insulation and Finish System (EIFS) material for the building exterior. He noted the brick on the building is in decay and must be replaced. The use of EIFS material would allow for a brick pattern over the whole building. The other cost overrun is the requirement to create a sidewalk and crosswalk on the back of the lot. He noted Arby’s has guidelines on what they want to spend on a remodel. Freiberg asked if they would be open to finding a middle ground. Mr. Rummell said the interior remodel is pretty standard, but it is the exterior that is the concern. Nelson said Eden Prairie has design standards in the City and has a list of acceptable building materials. She asked if the EIFS material is allowed. Jeremiah replied the City requires 75% Class 1 material, and EIFS does not fit in that class. EIFS material would be limited to no more than 25% of the building. She said staff had a concern with that and determined it does not have the same permanence as other materials. Nelson was concerned that we would be setting precedent if we change the requirements for this building. Narayanan asked if it is possible to walk over to Arby’s from the mall. Mr. Rummell replied there is no way to walk there now, and there are no actual sidewalks on any of the perimeters. Freiberg said he understood we have standards, but he also understood the importance of a strong business community. He would like to see a negotiation to keep costs in line. Our obligation as a City Council is to work with you and give you the necessary tools to do that. Rosow noted this item is being brought under a newer process that the City Council adopted a couple of years ago to streamline the process to approve a minor amendment. The site plan improvements being discussed are code required conditions. The process doesn’t give the City Council the opportunity to vary the conditions without the proponent going through the original application process. He thought it might be better to give them approval of their application tonight, and then they can determine if they will go ahead with it or come back through the entire process. Case said this is not a negotiating situation. This is a proponent coming to us through the abbreviated process, and this is not the time to discuss changes to our code. Over the past 30 years we have arrived at a certain level of quality that represents the City of Eden Prairie. He thought there are many types of businesses that would like to be in this location. He did not want to have a negotiating time tonight. The project looks great as CITY COUNCIL MINUTES August 13, 2019 Page 7 it was presented tonight. Also, we have talked about walkability around the mall for 35 years so he wanted to keep the sidewalks in the project. Narayanan agreed that we definitely want new business, but it would be difficult to change our process. He was excited to see the sidewalk improvements and hoped they would not have to take those out. MOTION: Nelson moved, seconded by Narayanan, to approve an amendment to the approved site plan and architectural design on 1.14 acres. Motion carried 4-0. C. OAK POINT ELEMENTARY SCHOOL PARKING LOT ADDITION by Independent School District 272. Resolution for a Site Plan Review on 23.05 acres (Resolution No. 2019-90) Getschow said at the last meeting the City Council received a presentation and overview from the School District about the plans for an addition to the Oak Point Elementary parking lot. This item is a public hearing to approve the site plan for the 23.05-acre parking lot addition. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Nelson asked if it would be possible for the stormwater basin to be made a rain garden instead. Jay Pomeroy, Anderson Johnson Associates, replied the basin does act as a rain garden, and it will be dry most of the year. Nelson asked if there is any reason not to make it a traditional rain garden so the children could study it. Mr. Pomeroy replied they looked at that possibility; however, it is a very low basin and will be mowed but not manicured. It can be difficult to maintain a traditional rain garden when it is on a school site with limited maintenance staff. Case asked what alternatives were considered after the Watershed District explained the requirement for the infiltration basin. Mr. Pomeroy replied they went through the alternatives for porous pavers, underground storm water, underground stormwater with irrigation reuse, ponding and smaller rain gardens but decided the basin was the best cost alternative. Case asked what considerations were given to the alternatives. Mr. Pomeroy said there is a heavy clay soil there, and they are required to infiltrate the first inch of water. The water goes out a drain tile to the stormwater system after filtration. The cost of any one of the alternatives would be very high, and the systems would be difficult to maintain over time. Case asked when the drainage will overflow directly into the creek because anything over 1.1 inches of rain would fill it to capacity, and at what point the drainage would go untreated into the creek. Mr. Pomeroy replied the pond is twice as large as required by State and Watershed District rules. Case noted the drainage from the CITY COUNCIL MINUTES August 13, 2019 Page 8 lower parking lot currently goes right into the creek. Mr. Pomeroy said a portion of the other drainage is being treated. Narayanan asked if there is any risk that kids could fall into the pond, and how far the pond is located from where they will be playing. Mr. Pomeroy said it is a low basin that will have some standing water and is located about 60-80 feet from the playground area. Narayanan asked if that is a potential safety issue. Mr. Pomeroy replied in cases like this we can either fence it or not, and they elected not to fence the pond. Narayanan asked if what they are doing is a common practice. Mr. Pomeroy replied this actually represents an improvement from having an open water pond that must be dredged every few years. This type of basin is essentially a dry basin except when filled up after a storm. Case noted originally this property included a pottery factory to take advantage of the clay soils that exist there and asked how difficult it will be to construct the basin because of the heavy clay soils. Mr. Pomeroy replied the medium above the clay will be a three-foot depth of sand compost. Case noted an 80 X 35- foot foundation for the original barn on the property is located in the middle of the playground area and might cause an additional expense if it were found when the excavating is done. Mr. Pomeroy replied that would be a hidden condition with which to deal. Case noted our Watershed District will no longer permit only water filtering and also want the volume of water to be reduced. That is easier to do on undeveloped sites than it is on existing sites. Narayanan asked if the water will only stand for 72 hours and after that will be dry. Mr. Pomeroy replied there are times like this wet summer when it will be working overtime. Case commented when he worked at the school there was a larger population than there is now, and asked if the additional parking required is due to heavier volunteer parking. Jason Mutzenberger, Executive Director of Business Services for Eden Prairie Schools, replied there are a number of issues driving this project. There is a need for additional parking for bad weather conditions, events at night and other concerns for staff parking. It will also help free up the parent drop off and pick up area. Case asked if any other alternatives were looked at. Mr. Mutzenberger replied they looked at expansion on the upper level, but there is not a lot of available land up there. They also looked at different placement configurations in the lower area; however, the current layout proved to be the most cost effective. Case noted water infiltration would have been required no matter where the parking was placed. Narayanan asked how much the space for kids to play will be reduced and if there is a State guideline regarding how much play area is required. Mr. Pomeroy replied the City doesn’t have a requirement for parking, and elementary and middle school space is usually based on the number of classrooms with some parking for staff and CITY COUNCIL MINUTES August 13, 2019 Page 9 volunteers. Joel Knorr, Oak Point Elementary School Principal, said they are careful about scheduling the times the kids are out in the playground. This has been a conversation for the last five years because of the traffic and parking issues. Kindergarten through six grade students tend to play on play structures and do not use the open space a lot. He felt there is still plenty of space to play soccer or football for those who choose that. Narayanan asked if we are within the State guidelines. Mr. Knorr replied he was not aware of any guidelines. Mr. Mutzenberger said the project will help address a safety issue for students, parents and staff. The addition will allow them to shuffle quite a few cars to another spot and will increase the safety at the lower parking area. Case said he respected the process the School District has gone through, and the parking issue is a perspective that is incredibly important for those who live around there. He thought there were three buckets at stake in the process: the parking issues; the environmental issues; and the children’s issues. He noted he will vote for the project, but he felt the kids are getting the short stick in the process. There is a Minnesota Department of Education guide for planning school construction that breaks up playground area into categories. The Minnesota minimum playground space is 6.84 acres for 1100 kids at a school. The playground at Oak Point today measures only 4.4 acres, and after this project is completed there will be only 1.98 acres for 1500 kids to play. He asked parents and the School Board to think about how much the kids were considered in this project which has only 27% of the recommended play area. He respected the process a lot and realized there aren’t a lot of alternatives for this site. He encouraged anyone who has concerns about this to go back to their School Board representatives. Nelson said she understood the parking has been a problem there; however, the project was passed by the School Board and they are an elected body. She did not see anything terribly wrong with the project and planned to vote for it. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2019- 90 for site plan review on 23.05 acres. Motion carried 4-0. D. SOUTHWEST TRANSIT GARAGE BUILDING ADDITION by SouthWest Transit. First reading of an ordinance for PUD District review on 10.05 acres (Ordinance) Getschow said Southwest Transit is proposing to construct a building addition for a bus entry and offices on the property located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing 100,256 square foot maintenance garage with warehouse and office space. The applicant is proposing to add a 2,689 square foot two-story addition onto the front of the building. The first story is being proposed as a bus entry, and the second story will be office space. CITY COUNCIL MINUTES August 13, 2019 Page 10 Gary Hay, Hay Dobbs Architects, gave a PowerPoint presentation showing the plans for the project. He noted they received approval of a PUD amendment for parking enhancements on the site but chose not to bring forward plans for the building addition at that time. After approval of the PUD amendment, they have worked with City staff and staff at the Nine Mile Creek Watershed District on the requirements for the site when they did decide to build on it. The project increases the footprint of the building by just over 100 square feet because most of the addition occurs on the second floor or in the current first floor space. He reviewed the changes to be made to the building, noting there will be a new bus entry on the north side and a new elevator to the second floor. The administrative offices will be on the second floor. They will add a training facility and will now be able to have all of their training activities on the site. He described the building elevations and the materials to be used on the exterior. Nelson thanked Mr. Hay for working so hard with staff to make this look like a very nice building. Narayanan was excited to see the new plans and noted it will improve the existing building. Case said he was glad to see they are now able to bring everything together. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to approve the first reading of the ordinance for the Planned Unit Development District review on 10.05 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Being Prepared for Mass Shootings—Mayor Case CITY COUNCIL MINUTES August 13, 2019 Page 11 Case said after two mass shootings within a 24-hour period, people are asking the country’s leaders to do something. There are some things we can do as a City, and some things we cannot do. This is not about gun control, but rather it is about being prepared for mass shootings. The Council has already asked staff to review our facilities and come back with some considerations for our City infrastructure facilities and public access to the facilities. He said there is also an area where we can be proactive to prepare for events that involve large groups of people such as the Fourth of July celebration. He wanted to begin a discussion as a community about a process where we might have to give up some freedom in order to have safety at an event and he would like the Council to begin the conversation. He noted there was a police presence at the People Fest event, but we may want to be more proactive and have more of a police presence at such events. This is an essential nationwide discussion for communities, schools, churches and shopping malls about how we keep our people safe Narayanan thought we do need to look at our policies and procedures for events where there will be large crowds. We should review the policies with the Police Department and staff. Case noted many cities participating in a recent Mayors’ Conference have two police officers attend each council meeting. 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: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:50 p.m.