HomeMy WebLinkAboutCity Council - 08/21/2018 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,AUGUST 21, 2018 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 p.m. Council Member Butcher
Wickstrom was absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. ACCEPT DONATION OF $9,980.04 FROM SAMPSON FAMILY FOR ART
CENTER EQUIPMENT (Resolution No. 2018-86)
Lotthammer said this is the tenth year of regular donations from the Sampson Family in
addition to their original donation of the Art Center property. This year they are
donating $9,980.04 for more equipment at the Art Center.
Tyra-Lukens thanked the Sampson Family for their support over the past ten years.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2018-86
accepting the donation in the amount of$9,980.04 from the Sampson Family to go
toward Art Center equipment. Motion carried 4-0.
B. ACCEPT CONTRIBUTION OF$23,575 FROM SOUTHWEST METRO
PICKLEBALL CLUB FOR STARING LAKE PARK PICKLEBALL COURTS
(Resolution No. 2018-87)
CITY COUNCIL MINUTES
August 21, 2018
Page 2
Lotthammer said the Southwest Metro Pickleball Association (SMPA)pledged $47,150
to assist in the cost of the pickleball courts that were a part of the Staring Lake Court
Improvement Project. The courts are finished and have received many positive reviews.
This contribution is in the amount of$23,575 and is the first half of their pledged
contribution. He said the SMPA will host a grand opening event at the new courts on
August 29, 2018, at 5:30 p.m.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-87
accepting the donation of$23,575 from Southwest Metro Pickleball Club to go towards
Staring Lake Park Pickleball Courts. Motion carried 4-0.
C. ACCEPT DONATION OF $1,700 FOR HOMETOWN CELEBRATION
(Resolution No. 2018-88)
Lotthammer said this is a donation of$1,700 from three donors towards the Hometown
Celebration on July 3 and 4.
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-88 accepting
the donation of$1,700 from various donors to go towards the Hometown Celebration.
Motion carried 4-0.
D. ACCEPT DONATION OF $5,000 FOR SAFETY CAMP (Resolution No. 2018-89)
Lotthammer said this is a donation of$5,000 from the Eden Prairie Crime Fund to be
used for the Safety Camp. The donation was given to the Crime Fund by Comcast.
Motion carried 4-0.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2018-89
accepting the donation of$5,000 from the Eden Prairie Crime Fund that was donated
from Comcast to go towards Safety Camp. Motion carried 4-0.
E. ACCEPT DONATION OF $2,500 FROM CHANHASSEN AMERICAN LEGION
POST#580 FOR SENIOR CENTER PROGRAMMING AND WOODSHOP
EQUIPMENT (Resolution No. 2018-90)
Lotthammer said American Legion Post#580 is donating $2,500 to go towards veterans
and senior programs and woodshop safety and equipment needs at the Senior Center.
He noted we promote use of the woodshop by any adult in the community and provide
safety training for using the equipment.
Tyra-Lukens asked if there is information on the website regarding use of the
woodshop and hours of operation. Lotthammer replied there is information on the
website under the Senior Center section, and it is publicized in the newsletter.
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-90 accepting
the donation of$2,500 from American Legion Post#580 to go towards veterans and
CITY COUNCIL MINUTES
August 21, 2018
Page 3
senior programs and woodshop safety and equipment needs at the Senior Center.
Motion carried 4-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Items XIV.A.1.,A.2., and A.3.
MOTION: Nelson moved, seconded by Case, to approve the agenda as amended.
Motion carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JULY 17, 2018
MOTION: Nelson moved, seconded by Case, to approve the minutes of the City
Council workshop held Tuesday, July 17, 2018, as published. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 17, 2018
MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council
meeting held Tuesday, July 17, 2018. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSION
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. CULVERS by Epic, LLC. Second Reading of Ordinance 15-2018-PUD-5-2018 for
PUD District Review with waivers on 13.02 acres; Resolution 2018-91 for Site Plan
Review on 13.02 acres; Development Agreement. (Ordinance No. 15-2018-PUD-5-
2018 for PUD District Review with waivers; Resolution No. 2018-91 for Site Plan
Review)
C. PIZZA LUCE by Pizza Luce, Second Reading of Ordinance 16-2018-PUD-6-2018 for
Planned Unit District Review on 2.12 acres; Resolution 2018-92 for Site Plan Review
on 2.12 acres; Development Agreement. (Ordinance No. 16-2018-PUD-6-2018 for
PUD District Review; Resolution No. 2018-92 for Site Plan Review)
D. APPROVE SECOND READING OF ORDINANCE NO. 17-2018 AMENDING
CITY CODE SECTION 5.37, RELATING TO PEDDLERS, SOLICITORS,AND
TRANSIENT MERCHANTS AND ADOPT RESOLUTION NO. 2018-93
APPROVING SUMMARY ORDINANCE
E. ADOPT RESOLUTION NO. 2018-94 APPROVING FINAL PLAT OF PRAIRIE
VIEW CENTER 3RD ADDITION
CITY COUNCIL MINUTES
August 21, 2018
Page 4
F. ADOPT RESOLUTION NO. 2018-95 APPROVING FIRST AMENDMENT TO
LICENSE AGREEMENT FOR DELL ROAD WATER TOWER
G. ADOPT RESOLUTION NO. 2018-96 SUPPORTING CITY'S LIVABLE
COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) GRANT
APPLICATION FOR TRAIL POINTE RIDGE/SMITH VILLAGE
H. AUTHORIZE LEASE AT EDEN PRAIRIE COMMUNITY CENTER FOR
HIGH SCHOOL GIRLS HOCKEY COACHES ROOM
I. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS
PROPERTY
J. APPROVE SUBORDINATE FUNDING AGREEMENT NO. 10 CHANGE
ORDERS FOR SWLRT PROJECT
K. APPROVE ACQUISITION OF PARCEL 24 FOR PRESERVE BOULEVARD
PROJECT
L. APPROVE ACQUISITION OF PARCEL 35 FOR EDEN PRAIRIE ROAD
PROJECT
M. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP
FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD
IMPROVEMENT PROJECT
N. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR
ROADWAY WORK QUIET ZONE DESIGN
O. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR RAIL
WORK QUIET ZONE DESIGN
P. APPROVE SITE LEASE AND AGREEMENT WITH STANDARD SOLAR, INC
FOR CONSTRUCTION OF SOLAR PANEL ARRAYS
MOTION: Nelson moved, seconded by Case, to approve Items A-P on the Consent
Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. ABRA AUTO BODY & GLASS by Oppidan, Inc. Resolution 2018-97 for Guide Plan
change from Community Commercial to Industrial on 2.98 acres; First Reading on an
Ordinance for Zoning District Change from C-COM to I-2 on 2.98 acres; Resolution
2018-98 for Preliminary Plat on 2.98 acres. (Resolution No. 2018-97 for Guide Plan
Change; Resolution No. 2018-98 for Preliminary Plat)
CITY COUNCIL MINUTES
August 21, 2018
Page 5
Getschow said the proposed project is for the construction of an approximate 18,000
square foot Abra Auto Body building. The proposal includes removing the existing
structures and redeveloping the site for the proposed use. The proposed site plan
complies with all City Code requirements including building materials, architecture,
parking lot design and parking stall count. The applicant is requesting that the property
be reguided to Industrial. Prior to 2004, the subject property was guided and zoned for
industrial use. In 2004, a request to reguide and rezone the properties for commercial
uses was approved. Since that time, two commercial development proposals have been
approved by the City but neither have been constructed. Both staff and the Planning
Commission support the request to revert the guiding and zoning back to Industrial.
Jim Hornecker, representing Oppidan Investment Corp., gave a PowerPoint
presentation reviewing the project. He showed the site and floor plans for the facility
which will include a security fence and two access points to the site. His company
worked with staff to develop the plans for the project.
Aho asked what kind of fence will be installed. Mr. Hornecker replied it will be a
seven-foot high, vinyl, low-maintenance privacy fence.
Mr Hornecker reviewed the sustainability features of the project which included
pervious surfaces, LED lighting in the parking area and inside the building, stormwater
treatment on site for a two-year storm event,bike racks, and use of native plant
landscaping. They expect to employ 12-20 employees.
Nelson asked why they want to change the zoning from Commercial to Industrial. Mr.
Hornecker said Industrial zoning helps with the use they plan. Nelson asked if they will
keep the other Abra facility in town. Mr. Hornecker said they will eventually move all
of the business to the new site.
Case said he would like to visualize the streetscape on the sides of the building and
asked if they have any photos. He commented the north elevation faces the nearby
neighborhood. Mr. Hornecker showed drawings of the building elevations that included
the fencing and noted there will be no doors on the north side of the building.
Case asked if there is any concern about plant growth in the rainwater gardens during
dry months and if they are aware of the long-term commitment to keep up the gardens.
Mr. Hornecker replied they are aware of the necessary upkeep. Case asked if the
stormwater capacity is only for this site or also for the lot to the south. Mr. Hornecker
replied there is a grade change between the two.
Aho asked how the air from the spray booths is treated. Mr. Hornecker replied he did
not know the exact specifications; however, the booths are enclosed and there are some
air connections with filters to protect the air. Aho noted he liked the design.
Nelson asked if this site could be opened up as full industrial if the zoning is changed to
Light Industrial and then the proponent leaves the site. Jeremiah replied our updated
CITY COUNCIL MINUTES
August 21, 2018
Page 6
Comprehensive Plan will guide this site as Flex Service, which would be the same as
the area at Martin Drive. We anticipate a new ordinance will be developed to go with
this new zoning category. Staff realized we needed a type of zoning to accommodate
auto-oriented and certain other uses and will do that by using the Flex Service zoning.
She would see this as a fit under both the current light industrial zoning as well as the
future Flex Service zoning. She noted staff worked with the proponent to encourage
building on this site rather than near Aztec Drive, which is a more sensitive area.
There were no comments from the audience.
MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt
Resolution No. 2018-97 for Guide Plan Change from Community Commercial to
Industrial on 2.98 acres; to approve 1st reading of the ordinance for Zoning District
change from C-COM to I2 on 2.98 acres; to adopt Resolution No. 2018-98 for
Preliminary Plat of 3 lots into one lot on 2.98 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: Nelson moved, seconded by Aho, 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
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Stop Sign on Dell Road—Council Member Case
Case said in the course of walking around the City recently he noted some
issues that have larger implications. His first concern has to do with the stop
sign south of Highway 5 on Dell Road. Several neighbors told him cars blow
through the stop sign on a regular basis and asked if the City could install a
blinking lighted stop sign at that corner. He thought that location might be a
good place to try that style stop sign.
2. Bees and the Above Ground Pool Near Village Woods Drive—Council
Member Case
CITY COUNCIL MINUTES
August 21, 2018
Page 7
Case said when the Council passed an ordinance allowing bees to be raised in
our City, we knew there would be inadvertent consequences. He did not know if
we had ever talked about what we would do if allowing bees brought negative
consequences, and this particular situation is a large negative consequence. The
closest beehives to the pool are at the nearby farm a couple of hundred yards
away. The large number of bees being attracted to the pool makes it extremely
difficult to use the pool
Tyra-Lukens asked what would trigger a reassessment of the situation. Case said
he would like to determine what other cities have done when faced with a
similar situation. He didn't want one individual's freedom to be a detriment to a
neighbor, and he wanted the Council to think about what would happen if we
were able to track the bees to a particular location. He asked staff to check with
other cities to see what they do in such cases.
Nelson said she believed there should be some recourse in such situations.
3. City-Owned Outlot Near Village Woods Drive—Council Member Case
Case pointed out it would have been a great opportunity to cut some branches
off to open up the path through the outlot when City staff was cleaning up there
recently.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Authorize Contract with Blackstone Contractors, LLC for Minnesota
River Vista Project
Lotthammer said this is a request to approve a contract for the construction of
the Minnesota River Vista project to add a wayside viewing area overlooking
the Minnesota River Valley. He noted there is a lot of history around this
project, and several of our City commissions and the City Council have been
discussing the project for quite some time. He gave a PowerPoint presentation
about the project. He noted the plans include honoring the history of Lookout
Park Wayside, which is located just to the east of this project and is currently
owned by the Metropolitan Airport Commission (MAC). The project will
include information about the old wayside park with interpretive signs at the
new location. Some of the existing stones at the old wayside park will be
incorporated into the new site. The new location is at the end of Charlson Road,
and the new trail will connect from Charlson Road through the culvert under
Flying Cloud Drive. There will be interpretive signs centering around three
themes: the history, the environment and the location. Naturalists from the U.S.
CITY COUNCIL MINUTES
August 21, 2018
Page 8
Fish & Wildlife staff will help with the interpretive signs. The Parks
Commission and the Heritage Preservation Commission have provided input for
the design of the project.
Lotthammer reviewed the bid results. There is an alternate to the bids to add
about$16,500 for decorative concrete and anti-graffiti coating which staff
strongly recommends be included. He noted the low bid of$346,112.50
includes the alternate and was lower than their original estimate of$406,690.
Staff has worked with Blackstone Contractors before. If approved, construction
could begin this month, with substantial completion by November 2018. The
interpretive panels would be installed in April/May of 2019, with a grand
opening in June, 2019.
Nelson asked if there is parking at this site or if it is bike or pedestrian access
only. Lotthammer replied there is no parking possible at the location itself. The
closest parking would be on Charlson Road. Visitors could then take the trail
through the culvert to the overlook.
Case asked if staff is working directly with any historical group that would be
advising in terms of some of the special American history at this location. He
noted there was a sign at the old wayside honoring the site as the last battle
between the Ojibway and the Dakota. Lotthammer replied there is a small
overlook at Hennepin Village that addresses that battle. He noted staff worked
with the State Historic Preservation Office (SHIPO) early on in the project.
Case asked if SHIPO has signed off on the project. Lotthammer replied they
have, as well as the MAC. Case suggested it would be good to duplicate the sign
from the old wayside.
Case said this would also be an opportunity to talk about the glacier river
history. Lotthammer responded such a sign would be up to the Fish & Wildlife
experts. Each of the three themes for the interpretive signs would involve the
expertise of a different group.
Case noted he would like to include the alternate in the contract.
MOTION: Case moved, seconded by Aho, to accept bids and award the
contract for the MN River Vista Site Improvements Project to Blackstone
Contractors, LLC in the amount of$346,112.50. Motion carried 4-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIE
H. REPORT OF CITY ATTORNEY
CITY COUNCIL MINUTES
August 21, 2018
Page 9
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0.
Mayor Tyra-Lukens adjourned the meeting at 7:48 p.m.