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City Council - 07/16/2019APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 16, 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL Hennepin County Commissioner Debbie Goettel gave a PowerPoint presentation of some of the County programs and projects that affect Eden Prairie. She reviewed highlights of County development grants Eden Prairie has received including the Good Steward grant for improving water quality, the Tree Canopy grant for tree canopy improvements, and a youth sports grant to replace the existing community center/picnic shelter at Staring Lake Park. She said they have made available to all cities in Hennepin County a spreadsheet listing all the County grants. The Flying Cloud Drive reconstruction is proceeding and is expected to be completed this fall. The County’s highway cost participation policy has been rewritten to be clearer. Construction has begun on the Southwest Light Rail which will connect people with opportunities for housing, jobs and recreation in Eden Prairie. The Eden Prairie Library improvements are on track and are expected to be completed in September or sooner. She reviewed handouts available from the County for the 2019 Hennepin County and District 5 budgets, affordable housing and a bike map of the County. Case asked Lotthammer if we are applying for all the sports grants possible. Lotthammer responded we have applied for many of the grants. CITY COUNCIL MINUTES July 16, 2019 Page 2 B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON Hennepin County Sheriff David Hutchinson thanked the Council for the opportunity to be at the meeting and thanked Chief Weber for his years of service to the City and Hennepin County. Sheriff Hutchinson said he took office in January, 2019. He reviewed the names and roles of administrative personnel in his office. He noted his office has involvement in the many communities included in the County through the Community Outreach Team. C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG SCHMIDT (Resolution No. 2019-74) Lotthammer said Doug Schmidt has offered to donate historic farm equipment to be displayed at historic sites within the city. The Historic Preservation Commission reviewed the equipment and recommended accepting the corn planter, John Deere mower, dump rake and ax grinder. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2019-74 accepting the donation of Historical Farm Equipment from Doug Schmidt. Motion carried 5-0. D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION (Resolution No. 2019-75) Lotthammer said a few Eden Prairie businesses donated towards the July 3rd and 4th Celebration, amounting to $3,400 in total. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-75 accepting the donation of $3,400 from various donors to go towards the July 3rd and 4th Hometown Celebration. Motion carried 5-0. E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN THE PARKS (Resolution No. 2019-76) Lotthammer said each summer Parks and Recreation offers a series of three free movies at the Staring Lake Amphitheatre. Dreamworks has donated $500 for the movie series. MOTION: Freiberg moved, seconded by Aho, to adopt Resolution No. 2019-76 accepting the donation of $500 from DreamWorks to go towards the Movies in the Parks. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said the Castle Ridge development was added to the agenda as Item VIII.P. and is printed on goldenrod paper for tonight’s meeting. Case added Items XIV.A.1, and 2. Rosow added Item XIV.H. CITY COUNCIL MINUTES July 16, 2019 Page 3 MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2019 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, June 18, 2019, and the City Council meeting held Tuesday, June 18, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. FOUNTAIN PLACE by Cushman & Wakefield. Second reading of Ordinance 14- 2019-PUD-8-2019 for PUD District amendment on 12.43 acres; Resolution 2019-77 for Site Plan review on 12.43 acres (Ordinance No. 14-2019-PUD-8-2019 for Zoning District Amendment; Resolution No. 2019-77 for Site Plan) C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second reading of an ordinance to amend City Code Chapter 11 relating to solar systems as a permitted accessory use (Ordinance No. 15-2019; Resolution No. 2019-78 for Summary Ordinance) D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SWLRT SOUTHWEST STATION E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO APPLY REJUVENATING AGENTS TO CITY STREETS F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR DRINKING WATER STORAGE RESERVOIR AND PUMP STATION H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HANSEN THORP PELLINEN OLSON, INC. FOR DEERFIELD TRAIL IMPROVEMENTS CITY COUNCIL MINUTES July 16, 2019 Page 4 I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT PROJECT J. STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH VERIZON WIRELESS LLC K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER L. ADOPT RESOLUTION NO. 2019-79 AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD MONITOR O. ADOPT RESOLUTION NO. 2019-80 IN SUPPORT OF LIVABLE COMMUNITIES DEMONSTRATION ACOUNT GRANT APPLICATION P. CASTLE RIDGE by Senior Housing Partners. Second reading of Ordinance. for PUD District review with waivers on 19.75 acres and Zoning District change from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on .13 acres; Resolution for site plan review on 6.94 acres (Ordinance No. 16-2019-PUD-9-2019 for Zoning District Change; Resolution No. 2019-84 for Site Plan) Freiberg asked for clarification of the rejected bids in Item I. Ellis explained the bids received were rejected because the two bids were much higher than the engineer’s estimate. The labor market is very tight, so bids are coming in extremely high. We will rebid them later in the year. Aho asked for some discussion regarding Item P. Getschow said the development agreement was prepared, and we were able to include it on tonight’s agenda. Rosow reported they worked through the details of the language with the developer and were able to get what we needed in time for this meeting. MOTION: Narayanan moved, seconded by Aho, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD concept review on 1.01 acres; First reading of an ordinance for PUD District review with CITY COUNCIL MINUTES July 16, 2019 Page 5 waivers and Zoning District change from Rural to RM-6.5 on 1.01 acres; Resolution 2019-81 for PUD concept; Resolution 2019-82 for Preliminary Plat of one lot into eleven lots on 1.01 acres (Ordinance for Zoning District Change; Resolution No. 2019-81 for PUD Concept; Resolution No. 2019-82 for Preliminary Plat) Getschow said the applicant is proposing to build ten townhome units at 7960 Eden Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie Road, approximately ½ mile south of Highway 5. The site was formerly occupied by Gunnar Electric. There is an office building, shop building, and a number of sheds on the property. The applicant is proposing two 3-unit buildings at the north and south ends of the property and two 2-unit buildings along the west side of the property. Access to the site will remain in its current location across from Glory Lane. The buildings are proposed at 2 1/2-stories, and each unit is proposed at approximately 3,440 square feet with a two car garage and two additional covered parking stalls for guests in front of the garage. The units consist of a lower level, a main level with living space and an upper level. Tim Brown, Vice President of Schaefco Development, gave a PowerPoint presentation about the project, which is a ten-unit townhome project on about one acre of land on Eden Prairie Road. He noted it is a challenging site on which to build. It is currently zoned rural and would be changed to RM-6.5 if the development is approved. He reviewed the goals of the infill development, including mitigating the current non-conforming structures on the site. There will be screening along Eden Prairie Road. The townhomes will be designed to include an elevator. There will be an underground stormwater infiltration system, wiring for optional charging stations and additional pre-wiring in the parking area for guests. Over 70% of the demolition materials will be recycled, and the development will connect to the nearby trails. He noted City Code requires a front building setback of 30 feet: however, they are requesting a front building setback of 20 feet in order to fit the buildings into the long, narrow lot. Narayanan commented it was great to see the provision for charging stations and other environmentally friendly items. He asked about the existing trees on the property. Brown replied there are a number of large trees on the site, and one heritage tree will be removed. They tried to save as many of the trees as possible. Narayanan then asked if they received any feedback from the neighborhood. Mr. Brown replied most of the feedback received at the neighborhood meeting was very positive. One of the questions was regarding the height of the buildings. The height will be very similar to the neighboring buildings. Narayanan asked if the traffic impact was studied. Mr. Brown responded they have a traffic memo prepared, and there will not be a substantial impact on Eden Prairie Road. Freiberg noted this is an impressive proposal with many amenities. He was concerned about the setback because the setbacks for the project just to the south of this look very tight to the road. He was concerned this project will have the same look. He understood this project presented challenges, but he did have concerns about the CITY COUNCIL MINUTES July 16, 2019 Page 6 appearance from Eden Prairie Road. Aho asked how close the current building is to the road because it looks closer than 20 feet. He thought this project will be an improvement over the current site. Mr. Brown replied there will be landscape screening for the two units that have sides facing Eden Prairie Road which will provide screening and act as a sound barrier. Nelson liked the landscape plan and the creative design of the project, although there will be a lot of clean up to do on the site. She asked if they considered providing for solar or having solar compatibility on the roofs. Mr. Brown replied they considered compatibility for solar but chose not to include that. Nelson commended the developer on designing with elevators to provide for multi-generations. She asked what happens if the purchaser does not want an elevator in their unit. Mr. Brown replied the elevator will be put in if it is wanted. If it is not wanted, it will be framed around and made into a closet. Case asked about the concerns regarding buried gas tanks. Mr. Brown replied the gas tank was removed with the reconstruction of Eden Prairie Road. There are two old auto repair pits on the site that were checked for contamination. The tests showed a low level of contamination. His company’s environmental consultant will be testing the residual material at the time they excavate to determine what is there and how to dispose of it. Case said he went out to see this development today and noticed there is a wooden fence there and a white vinyl fence on the neighborhood on the south. He asked that they planned to do about the fence. Mr. Brown said the wooden fence that is partially on the property will be removed and replaced with landscaping material. They do not plan to build additional fencing. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution No. 2019-81 for Planned Unit Development concept review on 1.01 acres; to approve first reading of the ordinance for a Planned Unit Development District review with waivers on 1.01 acres and a Zoning District change from Rural to RM- 6.5 on 1.01 acres; to adopt Resolution No. 2019-82 for a preliminary plat of one lot into 11 lots on 1.01 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY EASEMENTS (Resolution No. 2019-83) Getschow said the property owners have requested the vacation of all drainage and utility easements to facilitate the plat of Eden Bluff Highlands 5th Addition for parking lot expansion. He said the telephone company has raised an objection; therefore, the approval of this vacation is predicated on that objection being taken care of. CITY COUNCIL MINUTES July 16, 2019 Page 7 There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing and to adopt Resolution No. 2019-83 vacating drainage and utility easements. Motion carried 5-0. X. 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, 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. Fourth of July Celebration—Mayor Case Case thanked Lori Brink and all the staff members and volunteers who brought together the celebration for the Fourth of July. He believed this year there were more large groups of people in all of the areas, not just by the stage. Lotthammer said there were more people attending than in the past. In addition, a lot of people congregated along the side of Valley View Road and in people’s back yards. Case said it was a phenomenal day, and it is a great thing to bring people into the City. He heard comments from people that don’t live here about what a great celebration it is. He suggested the potential of having a parade and a band performance to kick start the celebration. The School District and the Chamber of Commerce could be included. We could tie the event into Sustainable Eden Prairie by requiring vendors to use organically recyclable materials. He also thanked the approximately 40 City staff members who volunteered at the Air Expo last weekend. 2. Security Concerns—Mayor Case Case said he attended the U.S. Conference of Mayors with mayors from large cities and other cities our size, and everyone was talking about the need for security. Here in Eden Prairie there is a component of security needed for CITY COUNCIL MINUTES July 16, 2019 Page 8 people meeting in the Council Chamber and at reception areas. He asked staff to bring back ideas of what other cities are doing about such concerns and to include ball park costs for upgrading security. He noted security concerns were a key component of the recent School District referendum. The other Council Members concurred. B. REPORT OF CITY MANAGER 1. Abandoned Homes Report Getschow said Kevin Schmieg, Building Inspections Manager, will update the Council on the abandoned and vacant properties in the City as the Council requested at the last meeting. Schmieg gave a PowerPoint presentation that reviewed the definitions of abandoned and vacant properties. He noted there is no State law or ordinance that requires a repository or registration for vacant homes in Eden Prairie. Staff becomes aware of such properties either as a result of a complaint or when a prospective buyer comes in and reports it. City building inspectors drive by and look for safety issues at the properties. Schmieg reviewed the list of vacant and abandoned properties in the City, three of which are known to be abandoned properties. He said some have outstanding orders on the property, and some of them have been sold. One on the list has been renovated and is for sale. The City pursues maintenance violations on a complaint basis only, and our only proactive action is by the fire inspectors. Within 24 hours of a complaint being filed, staff goes out to inspect the property to see if there is a safety concern or if violations exceed the limit. Some violations that will be referred to other areas of the City. There are three primary departments that work on property maintenance issues: Parks, Building Inspections and Zoning. Case asked what would happen if an abandoned house was reported to be dangerous. Schmieg replied there would need to be an inspection warrant, and there would need to be someone who has seen the violation. Nelson said she assumed we are not referring to someone who has the home for sale but whose yard is maintained. Schmieg replied there are different types of vacancies. Most properties owned by snow birds are maintained. He reported there are zoning violations that occur, and we had 173 such violations in 2018 with 19 citations given. There were 62 tall grass and weed violations in 2018 with 12 citations given. There are currently outstanding orders for exterior maintenance on 14 properties. Schmieg reviewed the types of violators: those who do not have the financial wherewithal to make repairs; those who don’t realize there is a problem; CITY COUNCIL MINUTES July 16, 2019 Page 9 procrastinators; those who do not care and are unwilling to comply; and developers. He said there are a number of enforcement tools available to the City: explaining the rehabilitation loan program; explaining the problem to the property owner and the importance of fixing it; an order that is followed by the threat of a citation; and issuing a citation. In addition, in extreme circumstances if there is a threat to community safety, Chapter 463 is used to order an abatement of the hazard (condemnation). Freiberg asked if all the taxes have been paid on the three abandoned properties Mr. Schmieg mentioned. Schmieg replied the taxes have been paid on those. Freiberg said our level of concern as a Council is our responsibility to preserve the value of property within the City. He could not see how an abandoned property would not be hazardous to kids. He believed we should never be afraid to enforce our ordinances if it makes sense. If nothing is done, the property will continue to deteriorate. Case said he appreciates we have this process. He noted the abandoned property on Kristie Lane has been abandoned for at least 5-7 years. The one across from CMS has been abandoned for at least ten years. At some point we need stronger ways to move on these houses. It is frustrating to hear the same complaints year after year at the National Night Out event. He encouraged staff to bring these forth because we need our housing stock to be in as good shape as possible. He suggested we may need to review our ordinance to see if we can strengthen it so we do not have a situation where a house has been abandoned for many years. Nelson agreed with Mayor Case and thought there should be a rule regarding the period of time a house can remain boarded up before it is fixed. Such properties are not fair to the neighborhoods. Rosow said staff could look at the ordinance and incorporate some of the suggestions made. We don’t have authority to tell the property owner to inhabit the house or take it down. State law says they must remove hazardous conditions. Staff can also look at the exterior maintenance code and possibly adopt some provisions from other communities. Case asked how we would go about investigating an abandoned house where there is something wrong inside the house. Rosow replied we need to gather evidence of the problem and petition a judge to grant a search warrant to go into the house. Sometimes neighbors or social service agencies can provide an affidavit of the problem. He said the City can assess for the work done under Chapter 463. Schmieg noted the property on Kristie Lane has been sold, and they have received permits to renovate the house. Case thanked Mr. Schmieg for his good work and dedication. CITY COUNCIL MINUTES July 16, 2019 Page 10 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Oak Point Elementary School Site Plan Early Land Alteration Permit Jeremiah said the School District has submitted an application for a site plan approval and a variance to add an 85-stall parking lot to the Oak Point Elementary School. The Planning Commission recommended approval of the site plan at their meeting. A public hearing will be held before the Council on August 14; however, due to timing the School District has requested a land alteration permit in advance of the public hearing and at their own risk. Jay Pomeroy, representing Anderson-Johnson Associates, gave a PowerPoint presentation of the proposal. He said they looked at several solutions to infiltrate stormwater on the property and decided it was best to have an above ground, shallow infiltration basin. The variance will allow them to increase the hard surface area and to add a new parking lot to the west of the current parking. Nelson agreed there is a need for more parking there, and that has been true for the last 20 years. She asked if there will still be playground space for the children. Mr. Pomeroy replied the playground was expanded to the north of the basin, and there will be a multi-purpose area for programs on the fields. Aho said it is clear we need more parking at the school, but he was concerned if there is enough room for kids to play. Narayanan asked if they considered installing car charging stations. Mr. Pomeroy replied they have not. Narayanan then asked if those could be added in the future. Mr. Pomeroy was not sure if they could be added. Case said he was concerned about the proper role of the Council interfacing with the School District, although we are asked to weigh in on the project. In the years he worked at the school, it was an Intermediate School. He understood there are Minnesota State guideline policies for playground footage. During the years he was there the facility was under the limits, and they are now planning to take out 50% of the open space. He asked if this has been vetted with the parents, the PTOs, and the School Board. He was somewhat surprised this much playground space is being removed. Jason Mutzenberger, Executive Director of Business Services for Eden Prairie Schools, said the School Board, staff and PTO’s believe there is an overwhelming need for additional parking. They struggle with traffic flow on certain days. Case agreed parking has been a problem since 1990. He asked if there is room to punch more parking into the hillside. As a former teacher he had to express his concerns about taking the playground area. CITY COUNCIL MINUTES July 16, 2019 Page 11 Getschow said the request is to authorize the issuance of an alteration permit, and the project will come back at the public hearing in August. Case asked if staff and the proponent looked at a NURP pond that would not take up as much land. Mr. Pomeroy said they did look at that, but they need to meet the required infiltration level and a NURP pond was not an option. MOTION: Aho moved, seconded by Narayanan, to authorize the issuance of an early land alteration permit for the Oak Point Elementary School at the request of the developer. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Columbarium Concept Plan Lotthammer gave a PowerPoint presentation about the concept of constructing a columbarium at Pleasant Hills Cemetery. He said Pleasant Hill Cemetery is owned by the City of Eden Prairie and is located near Pax Christi church. The corner to be used for the columbarium is an empty area of the cemetery on the southwest corner. The columbarium would have 96 companion niches and the ossuarium would have 245 spaces. There is space for two additional columbariums to be built if there is a need at a later date. He noted there is a trend towards cremation rather than casket burial. He reviewed the cost comparisons for the columbarium. Aho asked if the costs proposed for the columbarium covers the construction costs to build the facility. Lotthammer replied the funding source would be the cemetery fund, 20% of which goes into future improvements. The proposed cost for individuals to purchase a niche in the columbarium would be $500 to buy a niche and $300 for the ossuarium space. The funding proposed will eventually pay back the costs. Aho asked if we have had any requests from residents who are looking for this sort of facility. Lotthammer responded we do have people asking us about an above ground burial. Freiburg asked if we are just being proactive with this or what has prompted this project right now. Lotthammer replied we are looking at the future and looking at how things have changed. People are wanting to be cremated. It also helps to extend the capacity and density of the cemeteries. Nelson liked the idea and the fact that two more columbarium structures could be added if needed. The costs of this cemetery are good compared to others in the Twin Cities. If, as predicted, in ten years 30% of our population will be seniors, this provides an affordable option for most people. It is a good thing to plan for this. CITY COUNCIL MINUTES July 16, 2019 Page 12 Lotthammer said the next step would be to do a detailed design and bring that back with costs and pricing. Case explained the Pleasant Hills Cemetery belonged to the Presbyterian Church in the 1800’s. It fell into our hands when the church was no longer able to afford to maintain the facility. He noted there is another cemetery in town that has stayed privately owned. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY Rosow said he recently traveled to Stockholm, Sweden, and visited their City Hall. The City Hall is a wonderful facility where many of the Nobel Prizes are handed out. He said he presented one of the Eden Prairie Police and Fire challenge coins to Stockholm officials and purchased a Stockholm coin during his visit. He presented the Stockholm coin to Mayor Case. Case thanked Mr. Rosow and noted the Eden Prairie police medal is a very impressive piece. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5- 0. Mayor Case adjourned the meeting at 9:06 p.m.