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City Council - 08/16/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 16, 2011 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. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. COMMENDATION - TIMOTHY TAORMINA Chief Reynolds and Mayor Tyra-Lukens presented the Eden Prairie Police Department's Commendation Award to Timothy Taormina for his heroism in an emergency situation on July 20, 2011, when he guided a bus with 65 children on board to safety after the driver suffered a medical emergency. B. THREE RIVERS PARK DISTRICT PRESENTATION Cris Gears, Superintendent of Three Rivers Park District, and John Gibbs, Parks Commissioner, presented a PowerPoint overview of their facilities and projects in the Eden Prairie area. Mr. Gears reviewed the five major areas of interest included in their Vision Plan, noting that their fifth area of interest is to collaborate across boundaries. He asked Council Members and staff to let them know of ways they can collaborate with the City to increase services to Eden Prairie residents. Tyra-Lukens commended Three Rivers Park District on their great job and thanked them for the invitation to collaborate. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIILA.2. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES August 16, 2011 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, July 19, 2011 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19, 2011 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, July 19, 2011 as published. Motion carried 5-0. C. JOINT CITY COUNCIL/BUDGET ADVISORY COMMISSION WORKSHOP HELD APRIL 28, 2011 MOTION: Case moved, seconded by Nelson, to approve the minutes of the Joint City Council/Budget Advisory Commission workshop held April 28, 2011 as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. METROPOLITAN CAR DEALERSHIP by Thomas Grossman Family L.P. Second Reading of Ordinance 10-2011-PUD-5-2011 for Planned Unit District Review with waivers and Zoning District Amendment in the C-Reg-Ser Zoning District on 16.2 acres, Site Plan Review on 16.2 acres, Preliminary Plat on 16.2 acres into two lots. Location: 12475 Plaza Drive (Ordinance No. 10-2011-PUD-5- 2011 for PUD District Review with waivers and Zoning District Amendment, Resolution 2011-61 for Site Plan Review) C. ADOPT RESOLUTION NO. 2011-62 APPROVING FINAL PLAT FOR METROPOLITAN ADDITION D. ADOPT RESOLUTION NO. 2011-63 AUTHORIZING EXECUTION OF 2011 CDBG SUBRECIPIENT AGREEMENTS E. ADOPT RESOLUTION NO. 2011-64 APPROVING JOINT POWERS AGREEMENT WITH BUREAU OF CRIMINAL APPREHENSION FOR MINNESOTA CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK F. ADOPT RESOLUTION NO. 2011-65 REOUESTING A LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL FROM TH 212 BRIDGE TO RILEY LAKE ROAD CITY COUNCIL MINUTES August 16, 2011 Page 3 G. AUTHORIZE WINTER LRT TRAIL USE AGREEMENT WITH THREE RIVERS PARK H. AWARD CONTRACT FOR EAST STARING LANE WATERMAIN EXTENSION I. APPROVE BANEBERRY HOLLOW SETTLEMENT AGREEMENT MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS /MEETINGS A. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC (Continued from July 19, 2011) Request for Guide Plan Change from Church to Low Density Residential on 6.41 acres and from Church to Parks and Open Space on 5.21 acres, Planned Unit Development Concept Review on 11.62 acres, Planned Unit District Review with waivers and Zoning District Change from Public to R1-13.5 on 6.41 acres, Preliminary Plat on 11.62 acres into 16 lots and 1 outlot. Location: 17850 Duck Lake Trail. (Resolution No. 2011-66 for Guide Plan Change; Resolution No. 2011-67 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2011-68 for Preliminary Plat) Getschow said this is a continued item from the July 19, 2011 City Council meeting. Official notice of this public hearing was published in the July 7, 2011, Eden Prairie News and sent to 87 property owners. The revised plan has 16 lots. The number of waivers has been reduced from 40 to 3. Jeff Schoenwetter, JMS Custom Homes, said since last month they have done a lot of work on the project to simplify the plan and eliminate almost all of the waivers needed. All the backyards exceed the minimum size so there is room for decks and patios. The cul de sac is shorter than either of those in the adjoining neighborhoods. Case said he expressed concern at the last meeting about the effect of a new project that comes into a pre-existing neighborhood. His concern tonight is that he did not see any plantings along the tree line for the first and second lots on the west side. Schoenwetter said he believed the plan to approve tonight has the required tree replacement plan and, in addition, they plan to plant 12-15 large pine trees that will provide year-round screenings. Nelson asked about the final resolution on lighting. Schoenwetter said the streets will be lighted using 300-600 watts of lighting on the front of every house controlled by photo cells. Nelson asked if it is the resident's responsibility to keep the lights changed. Schoenwetter said it is primarily the homeowner's responsibility,but the homeowner association documents will allow the association the opportunity to maintain lighting for them. Shawn Cheesman, 6782 Boyd Avenue, said last month he and his wife expressed CITY COUNCIL MINUTES August 16, 2011 Page 4 concerns about the development. They were happy to see the new plan with only three waivers,but he was not clear the issue of preserving the evergreen trees has been addressed. He would like the developer to consider what can be done to preserve the trees. He said he was surprised that they never heard anything from the developer despite the Mayor's recommendation at the last meeting to create more lines of communication. Sarah Cheesman, 6782 Boyd Avenue, said, depending on how the homes in the project are placed, it will have a considerable impact on her view. She asked that the builder of the homes on Lots 7 and 8 be required to work with them on the impact on their view. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Nelson said she commended the developer for getting the number of variances down as low as they have and for putting together a nice plan that is closer to what we normally expect to see. She said the developer seems to be more in tune with working with the neighbors. Tyra-Lukens said she was much happier with the plan as it is changed. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-66 for Guide Plan change from Church to Low Density Residential on 6.5 acres, and from Church to Park/Open Space 5.12 acres; and to adopt Resolution No. 2011-67 for Planned Unit Development Concept Review on 11.62 acres; and to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers on 11.62 acres, and Zoning District change from Public to R1-13.5 on 6.5 acres; and to adopt Resolution No. 2011-68 for Preliminary Plat on 11.62 acres into 16 lots, 1 outlot, and right-of-way; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said, in regard to the Cheesman's comments, there is a fine line of trying to mitigate the impacts on existing development and infringing on the rights of the new development. The developer has gone a long way to take into account the existing neighborhoods. He thought this developer has done a good job of hearing our concerns. VOTE ON THE MOTION: Motion carried 5-0. B. PRAIRIE RIDGE by Manley Development. Request for Planned Unit Development Concept Review on 9.69 acres, Planned Unit District Review with waivers and Zoning District Change from R1-22 to R1-13.5 on 9.69 acres, Preliminary Plat of 9.69 acres into 22 lots and 1 outlot. Location: 17555 Duck Lake Trail. (Resolution No. 2011-69 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2011-70 for Preliminary Plat) CITY COUNCIL MINUTES August 16, 2011 Page 5 Getschow said official notice of this public hearing was published in the August 4, 2011, Eden Prairie News and sent to 91 property owners. Bill Coffman, representing Manley Development, thanked staff for the guidance they gave on the project. They held three neighborhood meetings where they discussed the project and how the site would be developed. There will be 22 single family homes on about ten acres of property with an average lot size of just over 1600 square feet. Trees will be planted on the perimeter of the site to add to the landscape buffer for the existing neighborhoods. They propose to connect up to the existing trail that runs along the west side of the site. They expect to have two custom home builders with price points from $450-650,000 and hope to have a grand opening in March of 2012. Case said when he walked the property he noticed there were some water issues along the east side between the ponds and on the west side by Lots 9, 10 and 11. He asked if they are trying to mitigate those areas. Coffman said as the developer they have to control the water rate and volume coming off their site, and the water coming off their site will be reduced post-development as opposed to pre- development. There were no comments from the audience. Nelson asked how the connection to the trail that goes through an outlot will be maintained. Coffman said that was discussed with staff, and the outlot would be dedicated to the City so it will be City-owned. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2011-69 for Planned Unit Development Concept Review on 9.69 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District change from R1- 22 to R1-13.5 on 9.69 acres; to adopt Resolution No. 2011-70 for Preliminary Plat on 9.69 acres into 22 lots, one outlot and road right-of-way; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to approve and authorize issuance of a grading permit for the Prairie Ridge project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 4, 2011, as approved by the City Council. Motion carried 5-0. C. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp. Request for Planned Unit Development Concept Amendment on 42 acres, Planned Unit District Review with waivers and Zoning District Amendment within the Office Zoning District on 11.19 acres, Site Plan Review on 11.19 acres and Preliminary Plat on 11.19 acres into 1 lot and 1 outlot. Location: 3 Capital Drive. (Resolution No. 2011-71 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2011-72 for Preliminary Plat) CITY COUNCIL MINUTES August 16, 2011 Page 6 Getschow said official notice of this public hearing was published in the August 4, 2011, Eden Prairie News and sent to 91 property owners. Deb Frodl, Chief Strategy and Marketing Officer for GE Capital Fleet Services, said their eco-imagination strategy focuses on clean energy and, as part of that strategy, they plan to acquire 25,000 electric vehicles by 2016. The Eco Experience Center is the centerpiece of their strategy. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2011-71 for Planned Unit Development Concept Review on 42 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 11.19 acres, and Zoning District Amendment in the Office District on 11.19 acres; to adopt Resolution No. 2011-72 for Preliminary Plat on 11.19 acres into one lot and one outlot; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a grading permit for the GE Capital Eco Experience project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 1, 2011, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the GE Capital Eco Experience Project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated August 1, 2011, as approved by the City Council. VOTE ON THE MOTION: Motion carried 5-0. D. THUNDERBIRD AVIATION by Nancy Grazzini-Olson. Request for Site Plan Review on 4.7 acres. Location: 14091 Pioneer Trail. (Resolution No. 2011-73 for Site Plan Review) Getschow said this project is a new 7,678 square foot full service aviation facility. The Metropolitan Airports Commission is also reviewing the plans. Official notice of this public hearing was published in the August 4, 2011, Eden Prairie News and sent to 5 property owners. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2011-73 for Site Plan Review on 4.7 acres. Motion carried 5-0. E. PARK AND RECREATION PROPOSED FEES FOR 2012 Getschow said we publish notice of a public hearing when we are proposing a change in our fees. Some areas of rentals for buildings and some of the program fees will be changed. CITY COUNCIL MINUTES August 16, 2011 Page 7 Lotthammer said today is the deadline for copy for our winter brochure, so we work well in advance of the calendar year. He said the proposed 3% increase in dues at the Community Center will amount to a $1.00 or$2.00 increase. Ice time goes up by $5.00 for prime time. A rate for non-primetime was created in order to attract people to the less desirable time slots. He said it is important that we continue to keep pace with the level of inflation in some areas. Basil Wissner, 8293 Mitchell Road, asked if the rental fees charged for facilities like the Riley-Jacques Barn include the cleanup. Lotthammer said it includes setup and cleanup, although the Barn includes a light setup. The overall cleanup is somewhat done by the group, but we come in to make sure it is in good shape. For big events that require extra work, we will charge on a case by case basis. Wissner said he didn't think the City should pay for cleanup, and the renter should pay for the cleanup cost completely. Lotthammer said we have calculated the cost for that in the fee, and we also have damage deposits for all facilities. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the proposed Park and Recreation fees and charges for inclusion in the 2012 budget. Butcher Wickstrom said she appreciated having multiple levels of fees so people have an option. VOTE ON THE MOTION: Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. APPOINTMENTS XIII. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Recosnition of Fred Haffner--Mayor Tyra-Lukens Tyra-Lukens read a letter of recognition for Fred Haffner, an Eden Prairie Fire Department "Charter Member," who passed away on July 21St, 2011. During Fred's career, he served first as a firefighter and then as Captain of Squad Two. Fred retired after 18 years of dedicated service in 1985. She said we owe him a debt of gratitude for his service. CITY COUNCIL MINUTES August 16, 2011 Page 8 2. Visit of Group from Lodi, China--Council Member Case Case said in his role as Acting Mayor he was recently called upon to attend an event with a group from our sister city of Lodi, China. The group presented him with a plaque that will be displayed here in City Hall. He thanked the city of Lodi for the plaque. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Donation to the Community Theater Program Lotthammer said this item and the following one are similar in that they are donations from individuals who want to remain anonymous. He noted donations like these show trust that we do good things in the City. The first item is from a family whose child has participated in the Children's Theatre program in Eden Prairie. MOTION: Nelson moved, seconded by Case, to accept the anonymous donation of$1,000 to be used by the Eden Prairie Players for the purchase of equipment or supplies needed to enhance the theater program. Motion carried 5-0. 2. Donation to Parks and Recreation for Park Amenities Lotthammer said this donation comes from a gentleman who grew up in Eden Prairie and has an appreciation for the experiences he had in the parks and recreation programs while growing up. The donor asked that his donation be used somewhere in the parks system. Staff would like to use the donation for a water fountain at Staring Lake that provides separate drinking areas for people and dogs. MOTION: Aho moved, seconded by Butcher Wickstrom, to accept the anonymous donation of$2,000 to be used to replace and upgrade the drinking fountain at the Staring Lake Park—West Parking Lot. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Baker Road Lane Configuration Ellis said Hennepin County scheduled a resurfacing project in the Baker Road area, and we saw this as an opportunity to do something a little different with the road. They hired a consultant firm to take a closer look at the configuration and traffic patterns and decide if it should be kept as four CITY COUNCIL MINUTES August 16, 2011 Page 9 lanes or restriped as three vehicular lanes with shoulders to accommodate bikes. Staff preferred the three lane option because it gave the street more of a "complete street" feel and might provide some benefit for pedestrians. An open house was held on August 4 at Forest Hills Elementary with 60 people attending. The overwhelming majority of comments received were opposed to the change,primarily because of the difficulty of getting on to Baker Road in the morning hours. He said staff is recommending tonight that we leave the striping as is, except to go down to three lanes at the intersection of Hwy 62. Getschow said the Council has had work sessions about the concept of "complete streets" to have more integration of pedestrians and bikers. We are continuing to study that concept. This was an idea we thought we would suggest,but obviously the citizen reaction was a large factor in why we recommended not making a change. He said there is no action required at this time. Nelson said she was glad staff is recommending against the change. She believes we have to have buy-in from the residents any time we have a major change in the City. She agreed we should continue the walkability ideas as we go forward, but for now Baker Road should stay the way it is. Tyra-Lukens agreed with Council Member Nelson. She thought Baker Road was constructed as a four-lane road many years ago in anticipation of much heavier density in Eden Prairie. She said she spent time going out there during rush hour in the last few weeks, and did not observe a lot of heavy traffic on the street,but there are concerns with sight lines, curves and the school. She thought there are issues that would have needed to be studied more before a change was made. She noted there are streets in the Twin Cities that have been converted to three lanes where people love the three lane configuration, such as on France Avenue north of Hwy 62. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:24 PM.