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City Council - 10/17/2023 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 17, 2023 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member PG Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM FAMILY OF GORDON WILLIAMS FOR SENIOR CENTER GARDEN AREA (Resolution No. 2023-98) Lotthammer explained Gordon Williams, a long-time resident and Senior Center participant, was active at the Senior Center for many years. The donation from Mr. Williams’ family will go towards the continued maintenance of the Senior Center garden area. The garden area has become the backdrop of the annual Senior Center Garden Party. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023- 98 accepting the donation of $500 from the family of Gordon Williams towards the maintenance of the Senior Center garden area. Motion carried 4-0. B. ACCEPT DONATION FROM EDEN PRAIRIE CRIME PREVENTION FUND, CARDINAL GLASS INDUSTRIES, AND FLAGSTONE SENIOR LIVING FOR HARVEST TO HALLOWEEN EVENT (Resolution No. 2023- 99) Lotthammer explained there are three separate donations intended to support the Harvest to Halloween event. Harvest to Halloween is an annual fall city event that CITY COUNCIL MINUTES October 17, 2023 Page 2 offers art projects, inflatables, kids’ games, face painting, horse-drawn carriage rides, historic house tours, pumpkin decorating and treat stations. The donation includes $750 from the Eden Prairie Crime Prevention Fund, $500 from Cardinal Glass Industries, and $150 from Flagstone Senior Living. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2023- 99 accepting the donation of $750 from the Eden Prairie Crime Prevention Fund, $500 from Cardinal Glass Industries, and $150 from Flagstone Senior Living for the Harvest to Halloween event. Motion carried 4-0. Case noted the impact of donations on stretching tax dollars. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3 , 2023 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 2023 MOTION: Nelson moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, October 3, 2023, and the City Council meeting held Tuesday, October 3, 2023, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. THREE OAKS ESTATES (2023-05) APPROVE SECOND READING OF ORDINANCE NO. 16-2023 FOR ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 AND PARKS AND OPEN SPACE ON 5.06 ACRES AND APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION NO. 2023-100 AUTHORIZING STAFF TO SUBMIT A GRANT REQUEST TO THE HENNEPIN COUNTY YOUTH SPORTS GRANT PROGRAM FOR 2024 ROUND LAKE PARK HARDCOURT REHABILITATION PROJECT D. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH EXCEL LAWN AND LANDSCAPE FOR SNOW AND ICE MANAGEMENT SERVICES CITY COUNCIL MINUTES October 17, 2023 Page 3 E. APPROVE CONTRACTED SERVICES AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENTS F. APPROVE CONTRACTED SERVICES AGREEMENT WITH VALLEY RICH FOR UTILITY INSTALLATION AT THE OUTDOOR CENTER G. AWARD CONTRACT FOR GOODS AND SERVICES FOR TRAFFIC SIGNAL EQUIPMENT TO TRAFFIC CONTROL CORPORATION H. APPROVE PURCHASE OF TILT DECK TRAILER FROM LANO EQUIPMENT MOTION: Toomey moved, seconded by Nelson, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX. ORDINANCES AND RESOLUTIONS A. KINSLEY TOWNHOMES (2023-08) by Pulte Homes. Second Reading of Ordinance for Planned Unit Development with Waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, Resolution for Site Plan Approval, Resolution for Conditional Approval of the Development Agreement. (Ordinance No. 17-2023-PUD-5-2023 for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution No. 2023-101 for Site Plan Approval, Resolution No. 2023-102 for Conditional Approval of the Development Agreement) Getschow explained the item is regarding the final approval for the Kinsley Townhomes. The applicant is requesting approval to construct 42 owner-occupied townhome units at 17305 and 17325 Pioneer Trail. Klima noted the Council approved the first reading of the Ordinance at a previous meeting with a number of revisions. Revisions included not connecting Valley Road to the adjacent single-family neighborhood while retaining the right of way to the east property line and construct a sidewalk from Dell Road to the east property line, providing additional screening along the east and south property lines, exploring options to provide additional off-street parking, and providing a screening fence of alternate material. She showed an image of the revised plans in comparison with the original plans. There was also an effort to redirect pedestrian traffic, as reflected in trail location plan revisions. Klima also showed an image of the proposed fence in line with the requested revisions. Klima added there were a number of landscaping plan revisions. She showed the original and revised plans. 26 arborvitae and three white pines were added along the south property line. Also, 15 conifer trees were added along the east property line. Overall, the revisions reduce significant tree removal by 109 calipers. Klima showed photos of the existing landscaping. CITY COUNCIL MINUTES October 17, 2023 Page 4 Toomey asked if the new trees will be seven-feet tall. Klima confirmed that was correct. Case noted the Council received several emails from constituents regarding the southern property line and concerns about windfall. He explained it is not the Council’s prerogative to assist the developer in making money or vice versa. Instead, it is their role to manage development in line with the goals in the City. The profit margins for developers are much smaller than the public understands. In this scenario, the City prioritized more trees. Case previously asked Staff for an estimate of the road project that is being saved, and the amount is around $80,000. On the other hand, the additional landscaping costs about $40,000. Overall, the concerns by the Council were addressed with the revisions. MOTION: Nelson moved, seconded by Toomey, to approve the Second Reading of an Ordinance for a PUD District Review with Waivers and a Zoning Change from Rural to RM-6.5 on 6.13 acres, adopt a Resolution for Site Plan Review on 6.13 acres, and adopt a Resolution Conditionally Approving the Development Agreement for Kinsley Townhomes. Motion carried 3-1 (Freiberg). X. PUBLIC HEARINGS / MEETINGS A. MISTER CARWASH (2023-03) by ISG, Inc. Resolution for a PUD Concept Plan Review on 1.23 acres, First Reading of Ordinance for a PUD District Review with waivers on 1.23 acres (Resolution No. 2023-103 for PUD Concept Plan Review, Ordinance for a PUD District Review with Waivers) Getschow explained Mister Car Wash is proposing to construct a new automatic car wash facility, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Flying Cloud Drive and Prairie Center Drive. Crystal View Road forms the northern border of the site. The property is 1.23 acres and is zoned Commercial-Regional-Service and is guided Regional Commercial. The proposed car wash facility is a permitted use in the zoning district. Getschow added improvements include a 5,400 square foot car wash building, point of sale canopies, trash enclosure and vacuum equipment, and a shelter for attendants. The building materials exceed the minimum requirements. A waiver from the 35-foot front yard setback off Flying Cloud Drive is requested, 25 feet is proposed. Staff supports the waiver due to the site being surrounding on three sides by public streets, and the waiver allows the building to screen the vehicle stacking and vacuum area of the site from Flying Cloud Drive. Prabhs Matharoo, Project Manager of Design on the project, introduced himself CITY COUNCIL MINUTES October 17, 2023 Page 5 and explained there is an existing location in Eden Prairie. The hope is to move to a new site to address issues. Mr. Matharoo pointed out Mister Car Wash is the largest car wash operator in the United States. Mr. Matharoo explained the process Mister Car Wash uses to reduce and recycle water through the washing process. They prioritize reducing use of freshwater and choosing environmentally-friendly products. Mr. Matharoo showed an aerial image of site location and the proposed site plan. There are a few PUD waivers being requested as part of the project. Requests include a shifted and reduced scale of canopies, a shifted trash and vacuum enclosure to adjoin with the building, adding pedestrian ramps at the two western corners to ensure they are ADA-compliant, and another waiver to allow for better flow. Mr. Matharoo showed building elevations and explained the materials selected for use. He noted the effort to match the current building aesthetics in the area. He also showed a few site renderings from various angles. Toomey asked what would happen with the underground tanks at the current site. Mr. Matharoo stated the tanks will either be removed or filled with concrete, depending on what best aligns with City regulations. Nelson asked if the upcoming changes in technology will be able to added back into the Eden Prairie location. Mr. Matharoo confirmed any improvements made to systems or products will be implemented in Eden Prairie when available. The water recycling depends on how dirty a car is. For example, Arizona has a lot of off-roading and results in dusty vehicles. Minnesota has the consideration of salt on cars in the winter. There were no comments from the audience. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, adopt a Resolution for a PUD Concept Plan Review on 1.23 acres, approve the First Reading of an Ordinance for a PUD District Review with Waivers on 1.23 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. Case pointed out community members may have envisioned another use for the area. However, there are some restrictions on fast food restaurants in the area due to the previous Burger King location. Also, it is not the purview of City government to solicit particular projects rather than to manage development opportunities presented to them by developers. Freiberg asked how long Mister Car Wash has been in Eden Prairie. Mr. Matharoo stated Mister Car Wash joined the Eden Prairie community in 1999. CITY COUNCIL MINUTES October 17, 2023 Page 6 B. PUBLIC HEARING FOR APPROVAL OF 2023 SPECIAL ASSESSMENTS, RESOLUTION NO. 2023-104 APPROVING SPECIAL ASSESSMENTS Getschow explained each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees, and removal of tall grass, weeds, and trees. Staff recommends Council approve the list of assessments. Getschow added one assessment was removed from the packet as it was not supposed to be in there initially. It was one related to tall grass, weeds, and trees. There were no comments from the audience. Case asked if the public generally agrees to the assessment due to the lack of public commenters. Getschow confirmed that is correct. MOTION: Freiberg moved, seconded by Nelson to close the public hearing and adopt a Resolution approving all Special Assessments presented in the fall of 2023. Motion carried 4-0. XI. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS XV. OTHER BUSINESS Getschow thanked Lotthammer for his service to the City and noted his many impacts on the community throughout his career. Lotthammer thanked Council for their input and support over the years. His positive experiences within the City were beyond his expectations. He noted his replacement, Amy Markle, is sure to make an incredible impact on the community. Case thanked Lotthammer for his impact on the community. XVI. ADJOURNMENT CITY COUNCIL MINUTES October 17, 2023 Page 7 MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:54 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist