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City Council - 05/01/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 1, 2012 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. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. SENIOR AWARENESS PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 2012 as Senior Awareness month. Jacque Tomoe, Senior Center Advisory Committee, reviewed the activities scheduled during Senior Awareness month. B. TOUR DE TONKA Tim Litfin, Minnetonka Community Education Director, gave a PowerPoint overview of the upcoming Tour de Tonka that will be held Saturday, August 4. He presented a plaque to Mayor Tyra-Lukens honoring Eden Prairie's support of the Tour de Tonka. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES May 1, 2012 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17, 2012 MOTION: Case moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 17, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, April 17, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 9-2012 ADDING CITY CODE SECTION 5.74 RELATING TO REGULATING USE OF COAL TAR-BASED SEALER PRODUCTS AND ADOPT RESOLUTION NO. 2012-73 APPROVING SUMMARY ORDINANCE FOR PUBLICATION B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR PRAIRIE CENTER DRIVE WATERMAIN IMPROVEMENTS C. APPROVE PROPOSAL FROM ALLIED WASTE FOR CITY CLEANUP D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING FOR REPAIRS OF TWO STORMWATER TREATMENT AREAS SOUTH OF RIVERVIEW ROAD E. APPROVE PLAN AND SPECS FOR FLYING CLOUD DRIVE SANTITARY SEWER REPLACEMENT PROJECT F. AWARD 2012 BITUMINOUS CRACKSEALING PROJECT G. AWARD PRAIRIE CENTER DRIVE WATERMAIN PROJECT TO PARROTT H. ADOPT RESOLUTION NO. 2012-74 GRANTING UNITED HEALTHCARE SERVICES INC. A VARIANCE FROM CITY CODE SECTION 12.50 SUBDAB. FOR CITY WEST CORPORATE ADDITION I. ADOPT RESOLUTION NO. 2012-75 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND THE CITY OF MINNETONKA FOR THE NORTHERN SEGEMENT OF SHADY OAK ROAD IMPROVEMENTS J. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS CITY COUNCIL MINUTES May 1, 2012 Page 3 K. ADOPT RESOLUTION NO. 2012-76 AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE SANITARY SEWER REPLACEMENT PROJECT MOTION: Nelson moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. EDENDALE PARKING EXPANSION & SITE IMPROVEMENT by Edendale Residence Inc. Request for: Planned Unit Development Concept Amendment on 3.25 acres, Planned Unit District Review with waivers on 3.25 acres, Zoning District Amendment within the RM-2.5 Zoning District on 3.25 acres and Site Plan Review on 3.25 acres. Location: 16700 Main St. (Resolution for PUD Concept Review) Getschow said official notice of this public hearing was published in the April 19, 2012, Eden Prairie News and sent to 48 property owners. Edendale has 61 units,but only 40 existing parking spaces. Edendale wants to add 22 parking spaces and a 2 car garage. These are permitted uses in the RM-2.5 Zoning District. The parking and the garage meet the required setbacks. The proposed screening plan for the single family homes to the north is a 6 foot high fence and tree replacement. The Planning Commission first reviewed this project at the March 26, 2012 meeting and continued discussion to allow the applicant to meet with the neighbors to the north about the proposed screening plan. At the April 9, 2012 meeting the Planning Commission voted 7-0 to recommend approval of the plan which had been revised to include a 6 foot high fence, earth tone colors for the garage, and shorter light poles. Wade Johnson, Outland Builders,reviewed the project. He said the additional parking will be built on the eastern portion of the property. There will be a rain garden to control storm water runoff. In addition to the 6 foot high fence, they will place trees for screening along the fence. They also plan to clean up some issues that exist from the original construction and replace the berm with a retaining wall. Gerald Beauvais, 7735 Meadow Lane, said he owns the property directly to the north of the project. When Edendale first went up it was the highest building in Eden Prairie, and it looked straight down onto his home. At that time they asked for some sort of berming to help hide the building. Some shrubs and trees were put in by the builder;however, the trees died. There is now some growth filling in that area,but that will come out because of putting in the parking lot. He would like the parking lot to be placed as far away from his property as possible. He got a copy of the revised plan from the Planning Department, but he could not tell where the trees and shrubs will be placed. He would prefer this to be a single loaded parking lot that was moved further to the south away from his property. Tyra-Lukens said the plan looks tight for emergency vehicle access. Jeremiah said it isn't too late to consider other options. She suggested they could work with the CITY COUNCIL MINUTES May 1, 2012 Page 4 developer on an alternative plan. She thought there is some purpose for a senior building to have a drop-off area. Staff believes it may be possible to configure the plan in a way to conserve more of the woods and move it back from the residential area. Tyra-Lukens asked if the tree mass would be removed for the parking lot. Johnson said it would. He said they did a number of studies trying to show a single loaded parking option further to the south;however, the area to the south is loaded with large trees so the tree replacement becomes insurmountable. He said the turn-around is non-negotiable because there are often deliveries made to the building. Parking to the west of the building is not a viable option. Basil Wissner, 8293 Mitchell Road, said a shopping bus that requires a large turn around makes regular stops at Edendale. The bus would not be able to serve the community if the turnaround is eliminated. There are also a lot of Metro Mobility buses that use the turnaround area. He recommended three or four of the parking spots in front of the building be moved to the north and east and that would get all the spots they need. Mr. Beauvais said the parking lot and the new garage will be right behind his bedroom. He also saw the garage as a possible food and beverage outlet for this building and he would like them to provide a written statement that would not occur. Barbara Kuhlman, Director of Operations for Edendale, said it would not be their intent to ever create a concession stand or to use the structure for storing food or beverages. Their events are held on the patio. She did not feel they would ever be bad neighbors,but to provide a written statement about the usage would be an unreasonable constraint. Mr. Beauvais said this is not a neighborhood,rather it is an apartment building that has 60 residents and is 20 feet away from the back lot line. He asked that they put some sort of shrubs and trees to help block the back of the garage. Nelson asked what use they envision for the two-car garage. Kuhlman said it will be used for storage and maintenance work because their building has no storage for seasonal decorations or maintenance equipment. It would mainly be used during business hours. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Another member of the audience stated their desire to speak on the project. MOTION: Case moved, seconded by Nelson, to reopen the public hearing. Motion carried 5-0. Mary Beth Rojina said she lives in the cul-de-sac next to Mr. Beauvais. She said the lights from seven of the parking spaces will be beaming into her living room if the parking lot is built along the north edge. She asked if the fence could be angled CITY COUNCIL MINUTES May 1, 2012 Page 5 northwest so she does not get the light beams. Johnson replied the fence will be along the north edge. Tyra-Lukens asked if screening of the angled parking spaces would help. Ms Rojina said that would help. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. Case said this is the kind of transition between zoning areas that we try to avoid in the City. This has high density next to residential areas. Any time changes occur we need to honor the proponent,but we also owe it to the people that live here to mitigate the impact as much as possible. By taking out the tree mass he thought it falls into the proponent's lap to fix that situation. It is in our power to help protect the residents that are living there. He said he could not find any topography lines on the northern side on the drawing so he couldn't tell what the grades are. If it is flat, the lights will go right into Ms Rojina's living room as she has stated. He wanted to make sure the mitigations are helpful to the people who are impacted. Edendale needs a parking lot for the residents, and it seems the original project wasn't done adequately. It feels like there are too many problems with this project so he thought we should review the project again. Tyra-Lukens said she agreed. She asked if there were proof of parking requirements in place when the original proposal was brought forward. Jeremiah did not believe there was anything in place at the time. Nelson asked if they looked at a double row of parking spots immediately behind the long row next to the building. There would need to be an access road behind that but it might not have to go so far off to the side. The lights would then face the Edendale building. Jeremiah said she was not sure we have looked at that option,but staff can look at that before coming back for final approval. Butcher Wickstrom thought there are so many questions that we need to turn this back to staff to have them look at it again. The Council has talked about our concerns and we also received the public comment. MOTION: Aho moved, seconded by Nelson, to direct staff to investigate all options to accommodate some of the concerns voiced tonight by the residents and the Council and to bring back the project within the time period allowed. Motion carried 5-0. B. THE MEADOWS AT RILEY CREEK 2012 by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 5.03 acres and Preliminary Plat of 5.03 acres into 12 lots and 1 outlot. Location: 9845 Sky Lane. (Resolution No. 2012-77 for Preliminary Plat) Getschow said official notice of this public hearing was published in the April 19, 2012, Eden Prairie News and sent to 23 property owners. This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning CITY COUNCIL MINUTES May 1, 2012 Page 6 District. The Planning Commission voted 7-0 to recommend approval of the project at the April 9, 2012 meeting. Steve Bona, JMS Custom Homes, said there have been many different iterations of this project. The current proposal is for 12 lots including the existing home. The proposed layout does not require any waivers. Robin Smith, 9765 Sky Lane, said there is an easement required that covers this property, the Driver property and his property. He said there was some debate as to whether that piece would be committed to an easement for a future roadway to develop the property to the north. Rosow said he has drafted and circulated documents to do what Mr. Smith is talking about. He said the attorney for Mr. Rempfer told him this afternoon that Mr. Rempfer was not willing to provide the easement ahead of his closing on the sale to the developer. The area of the easement would have covered the portion of his property included in the plat to be dedicated for roadway. Rosow said his understanding was that the transaction would consist of the three parties coming together at once. He said he had a call into the City Engineer to discuss that but hasn't heard back from him. Tyra-Lukens asked if there should be some wording in the motion to address the concern. Rosow said he did not believe this plat is dependent on that. Tyra-Lukens asked if the easement would go into effect at closing. Rosow said Mr. Rempfer did not want to grant the easements ahead of his development unless all three parties granted it at the same time. Mr. Bona said Mr. and Mrs. Rempfer were out of town when the plan to arrange for the easements was put together. The Planning Commission recommended approval of the plat stating that this triangular piece of property should be included as right- of-way for the future road. The Rempfer property is not landlocked from the public right of way. He is working with other property owners to coordinate the easement. He believes Mr. Smith and Mr. Driver will sign agreements and place them in the title company until all parties sign. He said they are dedicating that piece of property for public right of way. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 5.03 acres; to adopt Resolution No. 2012-77 for Preliminary Plat on 5.03 acres into 12 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said he thought we recently had some stipulation with Hennepin Village Site B that they would fix Eden Prairie Road if they damaged it during their construction. He noted this project is about 25% of the impact of that project, so he asked if there is anything in here similar to the agreement with Hennepin Site B. He also asked what the future plan is for redoing Eden Prairie Road. Ellis replied the development agreement for Hennepin Site B required inspection of Eden Prairie Road during their construction;however, there will be a lot more construction traffic with that CITY COUNCIL MINUTES May 1, 2012 Page 7 development because of Prospect Road construction. He didn't think there is a need to add additional cost to future projects that come forward. The permanent assessments for improvements with Eden Prairie Road will be shared by all of the neighborhoods in the area. Case noted Hennepin Village Site B was 52 homes but this is 12 lots, so it has to be a significant chunk of what the impact of Hennepin Site B would be. We could be setting a precedent that says only Hennepin Site B has the burden of dealing with it. Ellis said the developer of Hennepin Village Site B is aware they have a burden of some additional costs because they were the first to develop the property. Nelson asked if the 12 properties will be done with wells and septic systems. Ellis said Sky Lane has City services available so the project will have City services. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, 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." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Town Hall Meetings--Mayor Tyra-Lukens Tyra-Lukens said we planned to have three town hall meetings this year. The second one will be held Thursday, May 24 at the Star Bank Community Room from 7:30 to 9:00 AM and will focus on business issues. She noted anyone in the community is welcome to attend. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Update on Traffic Related Issues CITY COUNCIL MINUTES May 1, 2012 Page 8 Ellis said Council Members brought up a number of traffic related issues at the last meeting. Flashing yellow arrow siiznal intersections: Ellis said there are currently six intersections in Eden Prairie with the flashing yellow arrow signals. The City partnered with Hennepin County for five of the intersections. The County provided the labor needed to install the equipment while the City funded the equipment. He said staff will continue to work with MnDOT and Hennepin County on this. Four or five more retrofits are planned for 2012. He noted the expense to install them depends on the retrofit required. They are very popular,but not all intersections will be good candidates for the retrofit. Bottleneck at Hwy 5 and 212 mere Ellis said staff does not know the exact solution for this problem,but they do know it exists. It will take some detailed traffic modeling to analyze the situation, but they believe it should be studied along with the proposed SWLRT alignment. Staff will consider how best to pursue this issue. Interstate 494 at Flying Cloud Drive: Ellis said they asked MnDOT to examine the vehicle detectors to make sure they are working properly. This intersection is one of 30 other signalized intersections in the Major Center Area that are coordinated together. They will take a closer look at it. Preserve Boulevard and Anderson Lakes Parkway: Ellis said they have a project in the CIP for 2016 or 2017 to add a southbound lane on Preserve Boulevard and a possible second left turn receiving lane on Anderson Lakes Parkway. They believe the improvements underway on I-494 and Hwy 169 may change traffic patterns in this area, so they are waiting to review the situation once those improvements are completed. Nelson said that corner is very dangerous to the point where most of the neighborhood avoids that corner. She didn't think anyone would let a child cross to the school by themselves at that intersection because so few people stop. There is a lot more involved to this corner than just traffic backup. An extra lane wouldn't add to the safety at the intersection. Before any construction is started, we need to look into the situation at that corner. She urged staff to take a closer look and consider some signage at the intersection. Case said we should not wait until 2016. It is a badly backed up intersection at rush hour. Ellis said staff can take a look to see if there are intermediate measures to take. Spring Road and Prospect Road: Ellis said the traffic study showed this intersection does not meet signal warrants, nor is it even close to meeting those. It is a Hennepin County jurisdiction highway. There was one minor vehicle accident at the intersection in the past three years. There is a marked CITY COUNCIL MINUTES May 1, 2012 Page 9 crosswalk, and it is adequately signed. Staff would like to wait to see what happens with the Prospect Road connection as it might be a little premature to put in anything like a flashing amber beacon or a traffic signal at this point. Future traffic siiznal needs: Ellis said we have 75 traffic signals in Eden Prairie now, and every intersection that warrants one has one in place. In the future there may be additional signals needed in the Golden Triangle area. At that point staff would do a traffic study with Hennepin County and MnDOT, but for now staff feels comfortable signals are in place where they are needed. Aho noted the signal at Valley View and Topview is one of the old style signals, and asked what it would take to get that updated. Ellis said they have talked about a possible jurisdictional swap with Hennepin County for Shady Oak Road and Valley View Road. The upgrade would cost$100,000- 200,000, so it is scheduled out a number of years. Nelson said she has heard complaints about the long wait times going out of Hennepin Technical College onto Flying Cloud Drive. She asked if there is anything that could be done to get more turn time there so students don't have to wait so long to leave the school. Ellis said staff could contact Hennepin Tech and see when their release times are scheduled. Nelson said that would be good. Tyra-Lukens thanked Mr. Ellis for his presentation. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council Meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:23 PM.