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HomeMy WebLinkAboutCity Council - 10/06/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 6, 2015 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 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF LITTLE FREE LIBRARY FOR THE OUTDOOR CENTER (Resolution No. 2015-92) Lotthammer said Girl Scout Chloe Russo has donated a Little Free Library to be placed at Staring Lake Outdoor Center. He said the library will contain nature- themed children's books. Chloe Russo explained how to build the library. Tyra-Lukens asked how many Little Free Libraries we have in the City now. Lotthammer replied this makes five that have been donated to the City. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2015-92 accepting the donation of a Little Free Library from Girl Scout Chloe Russo. Motion carried 4-0. B. ACCEPT DONATION FROM THE EDEN PRAIRIE HIGH SCHOOL BOYS AND GIRLS SWIM TEAMS (Resolution No. 2015-93) Lotthammer said this $500 donation is part of the fund raising efforts that have taken place for the Aquatics Center and will be used to purchase a tile on the CITY COUNCIL MINUTES October 6, 2015 Page 2 mural at the Aquatics Center. The donation will be counted towards the amount pledged by Team Foxjets towards the aquatics expansion. The donation was raised by the High School Swim Teams. He noted the girls team have had five swim meets at the new facility. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-93 accepting the donation of$500 from the Eden Prairie High School Girls and Boys Swim Teams towards the aquatics expansion project. Motion carried 4-0. C. COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison gave an update on the current status of Hennepin County. She noted there is a proposed 4.5%increase in next year's budget primarily because of the 41%increase in demand for social services in the County over the past several years. She thanked Council Members for their support of Southwest Light Rail Transit. She noted the next round of Youth Sports grant applications will be due November 2. Tyra-Lukens asked about the status of the Youth Sports Scholarship fund that came about from the Twins stadium. Ms Callison said the original agreement was for 30 years but because of early repayment of bonds it will be closer to 20 years. They are able to use for funds for the Youth Sports Scholarships and for libraries. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, September 15, 2015, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2015 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, September 15, 2015, as published. Motion carried 4-0. VIL REPORTS OF ADVISORY BOARDS & COMMISSIONS VIIL CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES October 6, 2015 Page 3 B. TOWNPLACE SUITES by Alliant Engineering. Second Reading of Ordinance 12-2015-PUD-6-2015 for Planned Unit Development District Review with waivers on 1.87 acres and Zoning District Amendment within the Commercial — Regional — Services District on 1.87 acres; Site Plan Review on 1.87 acres. Location: 11588 Leona Road. (Ordinance No. 12-2015-PUD-6-2015 for PUD District Review with waivers and Zoning District Amendment; Resolution 2015-94 for Site Plan Review) C. ADOPT RESOLUTION NO. 2015-95 REQUESTING CONCURRENT DETACHMENT BY MINNETONKA AND ANNEXATION BY EDEN PRAIRIE OF PID 36-117-22-33-0015 (NORTH OF 11190 62N) ST. W.) D. ADOPT RESOLUTION NO. 2015-96 APPROVING COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON FOR 8080 MITCHELL ROAD E. APPROVE TILIA RIDGE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT F. APPROVE CEDARCREST DRIVE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT G. APPROVE PURDY ROAD BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT H. APPROVE RELEASE OF AGREEMENTS REGARDING SPECIAL ASSESSMENTS FOR LOT 1 THROUGH 20, BLOCK 1; LOT 1 THROUGH 8, BLOCK 2, THE VINTAGE I. APPROVE PURCHASE OF A NEW PASSENGER BUS WITH WHEELCHAIR LIFT J. APPROVE STATEMENT OF WORK WITH XCEL ENERGY FOR RELOCATION AND BURIAL OF POWER LINES ALONG SHADY OAK ROAD K. ADOPT RESOLUTION NO. 2015-97 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT L. APPROVE APPOINTMENT OF JUDGES FOR THE SPIRIT OF EDEN PRAIRIE AWARDS M. APPROVE COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING FOR TIF DISTRICT 17 (THE COLONY) MOTION: Aho moved, seconded by Case, to approve Items A-M on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES October 6, 2015 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. BURGER KING by Paul Dahl Associates, Inc. Request for Site Plan Review on 1.34 acres. Location: 16345 Terrey Pine Road. (Resolution No. 2015-98 for Site Plan Review) Getschow said the application for site plan review includes a number of improvements including an increase of the exterior brick building material, an update of the color and architectural scheme, and updated signage and landscaping. Paul Dahl, architect, presented an overview of the planned improvements to the site. He said the planned updates will be in alignment with the Burger King branding. Tyra-Lukens asked when improvements were last made to the site. Mr. Dahl replied it was probably in the 1990s, and there have been two additions to the building. Tyra-Lukens asked about the landscaping and the plans for the berm. Mr. Dahl replied Hennepin County is working with the site's owner to eliminate the existing retaining wall by the trail along County Road 4, which will reduce the berm by 6-18 inches. Tyra-Lukens noted in the past we have used berms to create a visual separation between the streets and the buildings and asked if they planned more landscaping to compensate for the reduced size of the berm. Mr. Dahl said there will be new landscaping along the entire berm. Aho asked when construction would start and how long it would take if the project is approved tonight. Mr. Dahl replied it will start as soon as possible, and it will be a three-month project. Aho asked if the store will be open during the construction. Mr. Dahl replied it will remain open, but the drive-through may have to be shut down occasionally. Tyra-Lukens asked about the signage proposed. Jeremiah replied she did not believe it is the same as the current signage, but the signage is not being approved tonight and will have a separate review. Case asked what made the project come before the City Council since both the footprint and the impervious surfaces stay the same and the increased exterior material more than meets our code requirements. Jeremiah replied it was considered a complete rehabilitation of the site because there are major changes to the exterior materials, both the roof and the overall facade. There are also some site changes to landscaping. She noted staff is looking at the possibility of creating a different category that would facilitate the process if no building additions are planned for projects. Case asked if it is ultimately a staff judgment call or if there is case law that applies. Jeremiah replied at this time there are no detailed criteria, and staff would like to put more criteria into the code so it becomes less of a judgment. Rosow said in addition the code requires that no building permits for construction and alteration of a building may occur without a site plan review. A number of the matters Ms Jeremiah's department looks at are identified in the code. Case CITY COUNCIL MINUTES October 6, 2015 Page 5 commented the term "alteration" has some subjectivity. Rosow said that was true. Case noted he trusted the process as it exists, but he just wanted a greater understanding going forward. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-98 for Site Plan review on 1.34 acres. Motion carried 4-0. B. EDEN PRAIRIE RETAIL by EP Equities, LLC. Request For Planned Unit Development concept review on 0.8 acres; Planned Unit Development district review with waivers on 0.8 acres; Zoning District amendment within the Commercial-Regional-Services District on 0.8 acres and Site Plan review on 0.8 acres. (Resolution No. 2015-99 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said this item is for the construction of a 7,200 square foot building at the former Famous Dave's restaurant site. The proposed structure is a two tenant retail building. The proposal includes the removal of the existing structure and drive through and replacing it with the new structure. The following PUD waivers are proposed: 1. Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. 2. Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. Getschow said the architecture of the building includes varied roof lines and building wall articulations. In addition, the proponent's proposal includes the use of canopies and wall lighting to create additional definition, contrast and interest to the facades of the building. The Planning Commission voted 5-0 to recommend approval of the project at the September 14, 2015 meeting and made a number of suggestions on which the proponent has followed up. Sheldon Berg, DJR Architects, reviewed the project, noting they plan to add some parking, to make storm water improvements, and to supplement the landscaping. There will be bike parking and additional landscaping on the east side of the property. Aho asked if the project is being proposed for tenants who have been lined up. Mr. Berg replied they have two tenants lined up. Aho asked if the building will be used for food businesses. Mr. Berg said it will be non-food. Butcher Wickstrom asked what the hours of operation will be for the retail tenants. Mr. Berg replied they would follow the typical hours of other retailers in the area. Butcher Wickstrom noted at certain times of the day it is incredibly busy in this area, and she was concerned about the use and the hours of operation. Jeremiah said the peaks of use for this project would not be of major concern, and CITY COUNCIL MINUTES October 6, 2015 Page 6 she would not expect the project to add very many trips to the businesses already there. Case asked if a restaurant business that did not change the exterior of the building could be considered a permitted use should the retail services not work out. Jeremiah replied restaurants are permitted in this district, but she understood we are approving this for a retail service use so we look at the parking differently. Case was concerned that if they took over the entire building, parking would be problematic. Jeremiah said her understanding is that would trigger a review. Rosow agreed with her and said the PUD incorporates a development agreement as part of the ordinance itself, so the PUD is very specific as to what is being allowed. Such a situation would require that it come back through the process. Specific paragraphs in the development agreement are crafted for each individual development. Case asked if the new developer would be responsible to deal with the storm water created off the property and if they would be contributing to the storm water fund since they could not deal with it on site. Ellis said in situations where they would be adding impervious surfaces, there are certain triggers depending on how much new run off would be created. There would be infiltration and removal of pollutants on site. The existing property is not being expanded so we do not require additional storm water infrastructure. He noted we have talked about creating a banking system in the Major Center Area to deal with removal of pollutants. Case asked what would happen with a commercial use tenant such as a hair salon came into the building and used large quantities of water. Ellis replied that would most likely be handled as part of the building permit. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-99 for Planned Unit Development concept review on 0.8 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District amendment within the Commercial Regional Service zoning district on 0.8 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: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES October 6, 2015 Page 7 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE 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: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:41 P.M.