Loading...
City Council - 09/20/2011 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 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. Council Member Case arrived at 7:22 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. AWARD OF EXCELLENCE FROM THE MINNESOTA RECREATION AND PARKS ASSOCIATION FOR STARING LAKE OBSERVATORY Tyra-Lukens said the Eden Prairie Parks and Recreation Department has been selected to receive an Award of Excellence from the Minnesota Recreation and Parks Association (MRPA). The award is given for 2010 projects. Aimee Peterson, a member of the MRPA who serves on the Awards Committee,presented the Award of Excellence for the Staring Lake Observatory project to Mayor Tyra- Lukens, Stu Fox and Jay Lotthammer. Lotthammer gave a PowerPoint presentation about the Staring Lake Observatory, noting the telescope is one of the largest in the state. He said the challenge was to find a way to house the telescope on the site. Eden Prairie was fortunate to have received donated funds to build the structure required to house the telescope. He thanked Mr. Fox for all his work on this complex project. Tyra-Lukens thanked the MRPA for the award and the Parks & Recreation Commission members for their work. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. Getschow added Item XIV.B.1. He said Item XIV.C.1. should be removed from the agenda. Staff needs to work out some issues with the buyer and will bring it back to the Council in two weeks. CITY COUNCIL MINUTES September 20, 2011 Page 2 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2011 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, September 6, 2011 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2011 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, September 6, 2011 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp. Second Reading of Ordinance 12-2011-PUD-7-2011 for 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. Location: 3 Capital Drive. (Ordinance No. 12-2011-PUD-7- 2011 for PUD District Review and Zoning District Amendment; Resolution No. 2011-77 for Site Plan Review) C. ADOPT RESOLUTION NO. 2011-78 APPROVING FINAL PLAT OF GELCO SECOND ADDITION D. ADOPT RESOLUTION NO. 2011-79 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. AWARD BIDS FOR SITE GRADING AND PERVIOUS PAVEMENT INSTALLATION AT BIRCH ISLAND WOODS CONSERVATION AREA F. AWARD BID FOR CONSTRUCTION OF RILEY LAKE ROAD - TRAIL EXTENSION PROJECT TO MINNESOTA DIRT WORKS G. ADOPT RESOLUTION NO. 2011-80 AUTHORIZING ISSUANCE AND SALE OF $6,220,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2011 AND CALL FOR A PUBLIC HEARING Tyra-Lukens said, while she was in favor of Item E, some issues regarding possible misuse of the land were brought to our attention. She asked for a report CITY COUNCIL MINUTES September 20, 2011 Page 3 back to the Council in the near future about how we are going to address those issues. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-G on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. UNITED HEALTH GROUP by United Health Group. Request for: Planned Unit Development Concept Review on 71 acres, Planned Unit District Review with waivers and Zoning District Change from Rural to Office on 68 acres, Site Plan Review on 68 acres and Preliminary Plat of 68 acres into 1 lot. Location: Hwy 62 and Shady Oak Rd. (Resolution No. 2011-81 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No. 2011-82 for Preliminary Plat) Getschow said a group from United Health Group (UHG) is here tonight to give a presentation on their project. He said official notice of this public hearing was published in the August 25, 2011, Eden Prairie News and sent to 123 property owners. Dennis Spalla, Senior Director of Development at the UHG Real Estate Division, addressed the proposal. He said their team of subject matter experts has worked with City staff for long hours. They also met with the Nine Mile Creek Watershed District in order to resolve some of the most sensitive environmental concerns. He thought together we have produced a very constructive design and one that everyone will be proud of. He noted this project has many projects within it and, if it is improved, they will be investing in both public and private projects during all four phases of the project. Bill Blanski, HGA Architects, gave a PowerPoint presentation reviewing the details of the project including the building phases and the internal roads and trails within the project. He said the future LRT has been a very important driver in the project. Councilmember Case arrived at 7:22 PM. Miles Lindberg, UHG, reviewed the proposed wetland mitigation and buffers for the project. He said storm water management on the site is very complicated because of soil conditions, the grade change, and the wetland areas. The roadway improvements are clustered around the entrances to the project. They have a travel demand management plan with goals to reduce peak hour trips through incentives for employees to use transit and car pooling and other options. He reviewed the waivers that are being requested for the PUD. Aho asked about the timing of the building phases. Mr. Spalla said they will be starting the first phase this year, with the first two buildings on the west side of the site to be occupied by late 2013. The next phase will be finished in 2015, and the fourth building near the LRT will be completed in 2016. Aho asked if the parking CITY COUNCIL MINUTES September 20, 2011 Page 4 ramp near the LRT would accommodate parking for people who want to use the LRT but are not employees of UHG. Mr. Spalla replied they did not anticipate public parking on any private road or ramp in the project. Nelson asked if there is ample land for the LRT and a parking lot in this area. Jeremiah said staff believes it is adequate. SRF did three different concepts of how to accommodate the LRT station, and it can be accommodated within the outlot. Nelson said she appreciated that UHG is willing to work with the LRT project. Nelson asked about the other planned improvements. Mr. Lindberg said they are focused around landscape improvements or enhancements that will be available for use by people on the campus especially in the entry and sidewalk areas. Nelson asked if they are looking at any kind of LEED certification for the building plans. Mr. Spalla said UHG believes in sustainable design for their buildings, and they have one building that is LEED gold certified. He said they seek the highest level certification for the buildings and believe they will be able to get a silver LEED certificate for at least one of the buildings. Nelson said we appreciate that because we are encouraging LEED certification for all future building in the City. She also thanked UHG for the conservation easements on the site. Case thought one of the pluses was the amount of on-site mitigation, and asked if there is an opportunity to keep all the mitigation within the City limits. Jeremiah said she did not believe we have any banked credits. Mr. Lindberg said they have looked at two combinations of how to deal with replacement. They were not able to have one-for-one mitigation on the site,but they are at about 60% on site. They have found an adequate supply of off-site credits in Scott County which will be in the Nine Mile Creek Watershed District. Case asked if there are possibilities to continue finding places on site as the building progresses. Mr. Lindberg said it was a challenge to find infiltration areas on the site. Tyra-Lukens asked for clarification of the trails map. Mr. Lindberg said the trail is continuous and leads into the LRT station area. He said at the outset it is being supplied as a promised connection if the LRT station is completed. Tyra-Lukens said she was somewhat confused because of Mr. Spalla's statement that there are trails throughout the property for employees to use. Mr. Lindberg said there are trails around the property that are public trails, and there are a few internal trails from the buildings that connect to the public trails. He said a lot of the internal trail system has been eliminated in order to implement the buffers. Tyra-Lykens asked if they are escrowing funds for the proposed trails. Mr. Spalla said plans are not finalized for that,but they would accommodate that if needed. Tyra-Lukens said she was concerned about preserving public access through the property to the LRT station. Tyra-Lukens asked for more clarification of their tree replacement plan and other landscape improvements. Mr. Lindberg said the overall tree requirement is about 5300 caliper inches, and 4000 caliper inches of new trees will be planted. He said as many as can be fit on site have been included in the plan. There will be other CITY COUNCIL MINUTES September 20, 2011 Page 5 enhancements related to the landscape that will improve the appearance of the project. He said they have included pavers in the entire turnaround area rather than bituminous pavement. Tyra-Lukens said she still felt as though that is not in keeping with the intent of the tree mitigation ordinance. Tyra-Lukens asked how consistent the signage waivers are with those given to other buildings. Jeremiah said, regarding the tree replacement, there are precedents for approving other amenities such as at Windsor Plaza where we accepted fountains and sidewalks in lieu of trees. She said the signage waivers are consistent with some waivers we have issued before, and staff can bring back more information on this to final reading. Tyra-Lukens said there is quite a difference between Windsor Plaza, which is open to the public, and this project, which is more of a private site. She would like to see any landscaping done be oriented to the portion that will be accessible to the public in the LRT area. Jeremiah said the public, including residents and office workers in the area, will likely use the trails and sidewalks. Tyra-Lukens noted the trails won't be built if the LRT isn't built. Jeremiah said there will be new sidewalks and trails with each phase. Tyra-Lukens asked if those trails are on the perimeter of the site. Jeremiah said the internal trails will be built with the various phases. Mr. Spalla said they have very high security around the buildings, so there is no public access planned. Tyra-Lukens asked if the trails will be signed as being for use of the employees only. Mr. Spalla said that is not the way they have done the trails in their Minnetonka campus. Tyra-Lukens noted the minimum parking dimensions were decreased for this and asked if they still have the amount they need. Jeremiah said they are over-parked by our standards. Nelson said there wasn't a detailed view of the signage on the edges of the property. She asked if the signs will be enhanced with plantings. Mr. Spalla said they want to have a welcoming environment done with a sustainable design, especially near the entrance to the property. He noted the plan is not fully developed at this point. Case said the intent of the City's tree replacement requirements was to make sure whatever occurred would be environmentally significant. He was not sure how environmentally significant a trail is when compared to trees. He read in the packet that they plan to try to use a pervious surface for walkways in lieu of trees, and he thought that along with the additional landscaping could compensate for the tree loss. He suggested the Council and staff talk at a later date about how to handle the tree replacement policy for future projects. Jeff Strate, 15021 Summerhill Drive, said this project was one of the reasons the LRT was placed in the Golden Triangle. He said the government last week allocated funding for the initial engineering of the Southwest LRT, and there is strong opposition to it. He asked if UHG is on board for more lobbying for the LRT. Mr. Spalla said he has been involved in the Community Advisory Committee for the LRT for several years, and UHG definitely supports the Southwest LRT. He said LRT is a good thing for everybody along the line but it is also a matter of economics. CITY COUNCIL MINUTES September 20, 2011 Page 6 MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2011-81 for Planned Unit Development concept review on 71 acres, subject to Attachment A, B, and C ; to approve 1st Reading of the Ordinance for Planned Unit Development district review with waivers, and Zoning District change from Rural to Office on 68 acres, subject to Attachment A, B, and C; to adopt Resolution No. 2011-82 for Preliminary Plat on 68 acres into 2 lots and 11 outlots subject to Attachment A, B, and C; and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and Council conditions. Motion carried 5-0. B. CERTIFICATE OF APPROPRIATENESS (COA)--SMITH DOUGLAS MORE- DUNN BROTHERS Getschow said official notice of this public hearing was published in the September 8, 2011, Eden Prairie News and sent to 80 property owners. He noted earlier in the year we had a COA for the demolition of the shed. Jeremiah said there are three aspects to the Certificate of Appropriateness (COA): a new shed location, a gazebo which will incorporate the bell and cupola recovered from the old shed, and the parking lot expansion to add 12 more spaces. She said the plans were revised to meet the conditions of the Heritage Preservation Commission (HPC), and a way was found to add additional parking. It was brought back through the HPC to make sure it met their conditions, and they were very satisfied with the revised plan. She said staff will return sometime later with another COA for the outdoor seating area which will have to be relocated because of the additional parking spaces. Jeremiah said the COA does not require the parking lot to be built in a certain time frame, so this can be approved without committing to the funding needed to build the parking lot. She said the shed will be a collaboration of the City providing materials and the Hennepin Technical College providing labor. They are working on fund raising for the gazebo. Ellis said staff has been working to try to squeeze in as many parking spots as possible, and there now will be 42 parking spaces all together. They are ready to begin work tomorrow if it is approved. The plans include installing a rainwater garden which provides the same level of storm water management as the pervious pavement that was previously proposed. Nelson asked if this will allow more turnaround space. Ellis said we have designed it to allow garbage trucks to circulate through. Butcher Wickstrom asked about the two trees that will be removed. Ellis said he was not sure exactly which ones are being removed, but they will be replaced one- for-one. Aho asked about what our lease agreement says in terms of rates if we expand the parking there. Jeremiah said we have had discussions with the current tenant with CITY COUNCIL MINUTES September 20, 2011 Page 7 regard to potential revision of the lease to allow us to split any additional income coming from the additional parking spaces. Case said there is precedent for us doing improvements to property we own and lease out. He thought this seems reasonable and would make the property more viable to anyone who is in there. He asked if there is an item to approve the funding of the parking lot. Jeremiah said we generally have to get involved in putting some money into any of our properties to accommodate changes. She agreed that this isn't just for the existing tenant and would benefit any type of City use of the property. Ellis said he did not believe Council approval of the funding is required because we plan to fund the parking lot with our internal resources. Jeff Strate, 15021 Summerhill Drive, said he attended tonight's workshop with the Urban Institute. There was much talk about more private and public sharing, and he encouraged the Council to revisit shared parking at the funeral home next door. He didn't think we need more parking lots in Eden Prairie. He said without the pervious pavement it was not clear how runoff will be treated from the additional parking. He suggested staff talk with the Nine Mile Creek Watershed District about how phosphorous is created in surface water. Ellis said the existing rainwater garden provides storm water treatment, and a new one will be installed to treat the additional runoff. He said they are working with Nine Mile Creek Watershed District on the phosphorous study now. Butcher Wickstrom said several years ago we did have a conversation about sharing the parking lot next door, and they were amenable to sharing the parking if it was not being used. One issue involved was that the pathway between the two properties was not ADA approved because of the hill. She agreed shared parking is a good idea when it is possible. Case said the current tenant at Dunn Bros. had an agreement with the funeral home, but problems developed and it wasn't possible to continue the relationship. Nelson thought there are many reasons to expand this, especially for the safety of getting cars in and out, and she would like to see it expanded yet this fall. Tyra-Lukens said one of the things we talked about at the workshop tonight was having gathering places and public meeting rooms like this. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt the Findings of Fact and approve Certificate of Appropriateness #2011-02- 032 for the Dunn Bros. Coffee Store Site Improvements Plan (new shed, gazebo, and parking expansion). Motion carried 5-0. X. 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." CITY COUNCIL MINUTES September 20, 2011 Page 8 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Invasive Species--Mayor Tyra-Lukens Tyra-Lukens said there have been long articles recently about three invasive species: zebra mussels, flying carp and the emerald ash borer. She asked if staff could prepare a report on what we as a City are doing about those. Lotthammer said staff can prepare more information on this. He noted there are also some issues regarding Japanese beetles. In the grub stage they eat the root system of lawns and athletic fields. He said there are many different approaches to the emerald ash borer issue,but fortunately it isn't here at this time. We do not have a lot of mass stands of monocultures in Eden Prairie, so it would not take out a whole stand of trees. Tyra-Lukens asked if we have started discouraging developers from putting ash trees in their tree replacement plans. Jeremiah said we have always asked people to use a diversity of plant material;however, she did not think we have said ash trees cannot be planted. She said staff could discuss this and bring back more detail. 2. Community Forums--Council Member Case Case said over the last couple of months he has had conversations with various groups who have expressed concern there is a disconnect from government and that people are not being listened to. A few years ago we went out to various locations and held public forums. He suggested we might schedule three or four forums as occasions where we would intentionally invite various groups such as businesses, seniors or members of the immigrant community to a listening session. This could also include futuristic planning for the community as we go down the road. It would be an intentional reach out to the community in order to listen to their concerns and issues. Nelson thought it would probably be a good idea. It would be important to have a time line for the sessions, and we might hold one every four months or so. She thought having one for the business community and one for the seniors would be good as well as one for the immigrant community if we could find a suitable venue. She encouraged scheduling the forums far enough ahead so all the Council Members could attend. CITY COUNCIL MINUTES September 20, 2011 Page 9 Butcher Wickstrom thought it was a great idea in terms of going out to the community. She thought three sessions might be too many, and two might be better. She suggested each forum have a focus and an agenda. Tyra-Lukens said she liked the idea in light of our discussions in the workshop about the three areas of change in our City: development, diversity and aging. Aho said he was in favor of doing this. He thought a format with intent and purpose would be good. B. REPORT OF CITY MANAGER 1. Flying Cloud Airport Advisory Commission (FCAAC) Meetin! Getschow said the FCAAC heard some complaints on airport noise at their meeting last week. There has been a spike in complaints about helicopter noise. There may be some issues with the helicopter training and activity being outside the designated area. The Chair of the FCAAC focused on that and brought in some residents who had made multiple complaints about the noise. The FCAAC is going to work with the MAC and the FAA and will focus on that issue at their November meeting. Case said, as a resident who lives near the airport, he agreed this is a big problem and he was glad it will be looked into. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Recommendations for Funding Social Services Providers for 2012/2013 Jeremiah said the Human Services Review Committee comprised of staff from Police, Fire, Park & Recreation, Community Services and Community Development made funding recommendations for social service providers for 2012 and 2013. She reviewed the process used by the Committee to make the recommendations, the groups proposed to be funded, and the conditions recommended for some of the providers. The total amount recommended for the two year period is $320,000. Case asked what the funding recommendation for the YMCA is for since the School District took over the AM and PM YMCA programs. Jeremiah said the YMCA child care program was funded through CDBG funds, but this is the youth leadership program so it is a different program. Butcher Wickstrom asked about the funding for Southwest Transit. Jeremiah said that is for what we call the "shopping bus." Because of the increased costs of fuel and the additional labor required for the driver, the costs have gone up. We looked at that very closely and are recommending CITY COUNCIL MINUTES September 20, 2011 Page 10 we fund 10% of that program. We are working with them to possibly raise their fares. MOTION: Nelson moved, seconded by Aho, to approve funding recommendations made by the Human Services Review Committee for social service providers for 2012 and 2013. Motion carried 5-0. 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: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 5- 0. Mayor Tyra-Lukens adjourned the meeting at 8:50 PM.