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City Council - 07/17/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 17, 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 Planner Mike Franzen, 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. GREENSTEP CITIES AWARD Getschow said Eden Prairie has been an active participant for over a year in the state-wide GreenStep Cities program. We were awarded the next step in the program at the annual meeting of the League of Minnesota Cities. Diana McKeown, Metro Director of Community Emergency Response Teams (CERT), presented the Step 2 award block to the Mayor and Council Members. B. CONTRIBUTION FROM TEAM FOXJET (Resolution No. 2012-100) Lotthammer said staff is working to select a consultant for an aquatics feasibility study. Team Foxjet would like to pledge $10,000 for cost of the study. Team Foxjet is part of the selection committee and participates in the interviews for the project. MOTION: Aho moved, seconded by Case, to adopt Resolution 2012-100 accepting the $10,000 contribution from Team Foxjet toward the aquatics feasibility study. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there are three goldenrod items: an addition to Item VIII.A.; an additional item, Item VIII.T.; and an updated Exhibit A for Item XI.A. He asked that Items XI.A. CITY COUNCIL MINUTES July 17, 2012 Page 2 and B. be moved to precede Item IX.A. Case added Item XIV.A.1 and 2. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 19, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, June 19, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 19, 2012 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, June 19, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 25-2012 AMENDING SECTION 2.05 OF THE CITY CODE RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS C. ADOPT RESOLUTION NO. 2012-101 APPROVING FINAL PLAT OF FLYING CLOUD ADDITION D. ADOPT RESOLUTION NO. 2012-102 DECLARING PROPERTY AS ABANDONED E. AWARD CONTRACT TO HAMMEL, GREEN,ABRAHAMSON, INC. FOR AQUATICS FEASIBILITY STUDY F. AWARD CONTRACT TO CUSTOM BUILDERS INC. FOR ROUND LAKE PARK SKATE PARK G. APPROVE PLANS & SPECIFICATIONS FOR JOSEPH CURVE AREA DRAINTILE PROJECT H. APPROVE CHANGE ORDER#1 FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT I. APPROVE AMENDED CONTRACT, PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR EXPANSION OF TWO PONDS CITY COUNCIL MINUTES July 17, 2012 Page 3 IN STARING LAKE WATERSHED AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES J. ADOPT RESOLUTION NO. 2012-103 AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT K. APPROVE CONTRACT WITH WALL TRENDS, INC. FOR RECOATING LIME SILO EQUIPMENT AT WATER TREATMENT PLANT L. ADOPT RESOLUTION NO. 2012-104 APPROVING PLANS & SPECIFICATIONS FOR NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS M. APPROVE PURCHASE OF WELL 8 CONTROL PANEL N. ADOPT RESOLUTION NO. 2012-105 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS O. ADOPT RESOLUTION NO. 2012-106 APPROVING THE CERTIFICATE OF TERMINATION OR DELETION OF COVENANTS FOR PARKWAY APARTMENTS P. ADOPT RESOLUTION NO. 2012-107 APPROVING 2012 APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTION Q. APPROVE PURCHASE OF REPLACEMENT CAR/TRUCK LIFT FROM WESTSIDE EQUIPMENT OF MEDINA R. AWARD BID FOR TRAIL OVERLAY AND RECONSTRUCTION WORK TO MIDWEST ASPHALT CORPORATION S. APPROVE ACQUISITION OF PARCEL 9 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS T. APPROVE ACQUISITION OF PARCEL 9 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS MOTION: Nelson moved, seconded by Aho, to approve Items A-T on the Consent Calendar. Motion carried 5-0. XI. ORDINANCES AND RESOLUTIONS (taken out of order) A. FIRST READING OF AN ORDINANCE GRANTING A CABLE TV FRANCHISE TO COMCAST AND FIRST READING OF ORDINANCE REPEALING THE CABLE TV REGULATORY ORDINANCE CITY COUNCIL MINUTES July 17, 2012 Page 4 Case said he has served as chair of the Southwest Suburban Cable Commission (SWCC) for most of the last 14 years. Representatives of the five cities that make up the SWCC have been working on the new franchise agreement for two years. He reviewed the goals the SWCC set for the new agreement. Because of the elimination of the public access studio, there will no longer be a fee of 250 per subscriber per month paid to Comcast for the studio. Instead, Comcast will pay a 60-650 Public, Educational and Governmental (PEG) fee. One of the four PEG channels will be eliminated. There will be an option for one high definition channel. The complimentary drops at public buildings will be continued. He noted Eden Prairie has chosen to put the $650,000 the City receives each year from the cable franchise fees into the General Fund. Tyra-Lukens asked about the statement that we are closing the studio but will triple the money we receive for PEG. Case explained we are currently paying Comcast 250 per month per subscriber to run the studio,but will now receive 600-650 per month per subscriber from Comcast for PEG programming. There are several alternative uses for the PEG fees, and the SWCC will decide that. The potential for improved programming is great with the new agreement. Brian Grogan, attorney with Moss & Barnett, said he appreciated the continuity that Council Member Case has brought to the SWCC. He gave a PowerPoint presentation that reviewed the history of the cable franchise process, reviewed the key provisions of the new franchise and outlined the recommendations of the SWCC. Early in the process the SWCC hired a consultant to report on PEG programming. Comcast has no interest in continuing to provide a public access studio, and they want the cities involved to run the studio. In addition, the laws have changed that allowed for mandating they provide a studio. There will be a twelve month transition period during which Comcast will continue to provide playback services. There will be a$200,000 grant to be used to purchase automatic playback equipment and to hire a consultant. He noted the PEG fees that each of the cities will receive must be used for PEG programming and cannot be moved to the general fund. Eden Prairie will receive about $110,000 per year from the PEG fee. Comcast will continue to maintain the existing fiber lines to public buildings and have agreed to respond to consumer complaints more effectively and improve the timing of their response and installation. The SWCC voted unanimous approval of the new ten-year franchise agreement. Nelson asked when the studio will close. Mr. Grogan said it will close once all five cities have approved the new agreement, but the playback capability will be maintained for 12 months. He noted most of the programs are currently produced outside of the studio. Nelson said she was concerned that, as a City, we have no time to put together another studio to facilitate the groups that are currently using the studio. Grogan said the studio itself gets used less than five hours per week, and it is simply too expensive to maintain the facility without greater usage. There are alternative facilities available in neighboring communities. Nelson thought there should be some provision that goes out more than 30 days such as renting another facility for the groups for a couple of months. She asked what the cost will be to CITY COUNCIL MINUTES July 17, 2012 Page 5 hire a consultant for this period and if the cost will be part of the $200,000 received from Comcast. Mr. Grogan said a lot of the $200,000 was not intended to support a studio,but rather to make up for the loss of a playback facility at the end of the 12- month period. Currently the users have to take their tapes over to the studio and the employees there implement it. The goal now will be to allow the educational services to use technology to download a program to the master server. Nelson was concerned we are giving up the studio and equipment without getting any more money. She was under the impression the grant was to make public access available to the community. This doesn't account for groups that want to use multiple camera setups as they have in the past. She was concerned none of the money will go to putting together studio space. Mr. Grogan said they tried to negotiate a pool of revenue that will be available to each City Council so each city would have the opportunity to make the decision. Nelson asked how much that would be. Case said it would be $112,000 per year for the first five years and $120,000 thereafter. He noted there are several studios available for use in the School District and in other communities. Aho said he understood the equipment currently being used is also being turned over to the SWCC so that could be set up in a room somewhere at minimal cost. Mr. Grogan said many vendors provide equipment in a couple of boxes that can be checked out as a "studio." Aho said there are a lot of alternatives given the existing facilities in some of the other communities and the equipment available. He didn't see an issue with moving forward. Tyra-Lukens asked what other communities have done about this and if there would be a sense of censorship if the studio were to be located in City Hall. Mr. Grogan said the Northwest Suburban Cable Commission have taken all the franchise fees to run a studio that is equivalent to a TV studio. They do that instead of giving revenue to the cities' general funds. He did not see a controversial issue for public access TV, as the city simply provides a conduit and does not screen the programming. Tyra-Lukens asked why the consultant that came in did not survey any of the users of the studio since it wouldn't cost much to send surveys out to that limited number. Mr. Grogan said they created a needs assessment in 2009, but there was a loss of fees at that time because of the economy. There were only 13 users of the studio in 2009, and it didn't seem to make sense from a cost benefit standpoint to move forward with the expense of a survey. In addition, Comcast didn't want to run the studio and the law to mandate it changed. Jeff Strate, 15021 Summerhill Drive, was concerned that the SWCC didn't contact producers about the studio being closed because of an apparent lack of finances. He noted the studio is small and outdated,but it is well run. He thought the studio has been neglected and ignored and has not been advertised. He noted nothing can replace public access studio shows, and he has heard no one talk about why public access TV is a benefit to the community. He thought the SWCC was remiss in not being unified in their interest to develop a studio for the five suburbs. He recommended the Council not approve this until a plan to provide alternatives is in place. CITY COUNCIL MINUTES July 17, 2012 Page 6 Ahmed Abdel, 15421 Lake Street Ext., said he started producing his Arabic language program over 15 years ago. His program has a limited niche audience but is one of the few programs for Arabic language programming. He was concerned the producers will now have to find another location. Case expressed appreciation to all those who have worked hard to produce public programming in the last decade. About 80% of the programs are produced outside of the studio,but we do need to address the concerns of the remaining 20% during the months while the SWCC and the City Council decide how to spend the new money. The new franchise agreement enables and enhances access to public programming. He thought at the very least we need a room with a computer that has the proper technology and lighting somewhere in the five city area or else we should contract with Bloomington for their space. He thought the SWCC and the Council should help facilitate the transition and let the producers know we are not forgetting them. MOTION: Case moved, seconded by Aho, to approve first reading of an ordinance granting a cable television franchise, and to approve first reading of an ordinance repealing the cable television regulatory ordinance. Motion carried 5-0. Tyra-Lukens said we have made it clear that the Council is really concerned about access to a studio and would also like to see a plan for the transition. Case said a couple of other cities in the SWCC really want out of this. He suggested the Council pass second reading tonight and direct staff to come back with options and plans for access to a studio. Nelson thought we should try to get some time with Bloomington for a few months or work with the School District to get some time so the programs can continue especially for those people who have a regular show. Getschow said there are one or two cities that have no use for a studio, so planning would be a collaboration with those that do have an interest. We could start the discussion and get some up to date information on producers around Eden Prairie. B. SECOND READING OF ORDINANCE NO. 26-2012 GRANTING A CABLE TV FRANCHISE TO COMCAST AND RESOLUTION 2012-111 APPROVING SUMMARY ORDINANCE AND SECOND READING OF ORDINANCE NO. 27-2012 REPEALING THE CABLE TV REGULATORY ORDINANCE MOTION: Case moved, seconded by Butcher Wickstrom, to approve second reading of Ordinance No. 26-2012 granting a cable television franchise and to adopt Resolution No. 2012-111 approving summary ordinance; and to approve second reading of Ordinance No. 27-2012 repealing the cable television regulatory ordinance. Motion carried 5-0. Nelson asked that the Council receive a progress report at the August meeting. CITY COUNCIL MINUTES July 17, 2012 Page 7 IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Getschow said we planned to have an HRA meeting and a public hearing tonight,but there needs to be some more work done on the agreement with the developer. MOTION: Case moved, seconded by Nelson, to continue the public hearing to August 21. Motion carried 5-0. B. RESOLUTION NO. 2012-108 VACATING ALL THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 3, BLOCK 1, SPRING HEIGHTS Getschow said the property owners have requested the vacation of all the drainage and utility easements to facilitate the plat of Eden Prairie Woods for new home construction. The drainage and utility easements were originally dedicated with the plat of Spring Heights. New drainage and utility easements will be dedicated with the plat of Eden Prairie Woods. Official notice of this public hearing was published in the June 28, 2012, Eden Prairie News and sent to seven property owners. The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1-13.5 at the June 25, 2012 meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2012-108 vacating all the drainage and utility easements lying over, under and across Lot 3, Block 1, SPRING HEIGHTS according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. C. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Request for: Guide Plan Change from Community Commercial to High Density Residential on 3.098 acres, Planned Unit Development Concept Review on 3.098 acres, Planned Unit District Review with waivers on 3.098 acres, Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres, Preliminary Plat of 3.098 acres into one lot and Site Plan Review on 3.098 acres. Location: Mitchell Road and Cochran Lane. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) Getschow said official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to nine property owners. The Planning Commission has considered this proposal. He said staff recommends the public hearing be continued to the August 21 meeting due to some unresolved issues. CITY COUNCIL MINUTES July 17, 2012 Page 8 Rosow said the recommendation to continue the public hearing is based on City code requirements that an application for a PUD may not be acted upon by the City Council until it has been acted upon by the Planning Commission. On June 11, 2012, the Planning Commission considered a plan with 185 units and made their recommendation with no conditions that would have suggested required changes to the plans. Subsequent to that meeting, the developer submitted to the planning staff a revised plan for 192 units at a lower building height, and that is what went into the Council packet. After reviewing the revised plan and discussing it with City Planner Mike Franzen, he was concerned about the process because it is not in accordance with City code for the City Council to consider a plan that the Planning Commission has not reviewed. He recommended that the Council not close the public hearing and refer the item back to the Planning Commission at their August 13 meeting to hear about the revised 192-unit plan so they can provide comments. That would allow time for the project to come back to the Council on August 21 to continue the public hearing, take new comments and receive the Planning Commission recommendation. Case said he was concerned up front that City staff did the publishing, and we knew what came from the Planning Commission. He noted this pushes everything off and asked if we can speed up the process somehow for the developer. Getschow said we require quite a bit of time for the development agreement for a project this large. Scott Carlston, 8150 Drexel Court, introduced the project team members. He said they are requesting three PUD waivers in order to make the $35,500,000 development work. They need the right unit count and mix to make it work so they are planning to build more studio and one bedroom apartments. He said requiring two parking stalls per apartment has become a real issue for the project. Rick Fenske, Weis Construction, distributed a letter with a copy of an ordinance adopted by Golden Valley. He said his role is to provide price and feasibility consulting. They are seeing that ordinances requiring two parking stalls per unit are not correct because the parking is not being used. They find there has been a change in demographics for apartment renters to have smaller units with higher amenities. Aho asked about the differences between their parking study and the Eden Prairie study. Mr. Fenske said staff provided a study that showed 1.21 stalls for existing apartments while their study showed an average of 1.23 stalls. Tyra-Lukens asked if they are proposing any allowances for the lower parking ratio. Mr. Fenske said they are willing to provide rental cars for the use of residents. Nelson noted there are often two adults with two cars in a one bedroom apartment. There also needs to be accommodation for guest parking and this neighborhood would not allow for a lot of guest parking on the streets. She was not sure the 1.2 number is that accurate. CITY COUNCIL MINUTES July 17, 2012 Page 9 Tyra-Lukens was concerned about figures being presented for Summit Place as she has observed their parking to be full most of the time. Barb Halvorson, Steven Scott Management, said her firm provides leasing and management services, and their role is to do the leasing as well as to identify target market groups that will live in the building. They believe there is a demand for this new property because there is a groundswell for renting as a life style choice. The future demand and need for apartments will remain high, and the market in the metropolitan area is at capacity. They believe the building could use 273 parking spaces which allows 1.6 stalls per apartment and provides excess parking for guests. She noted parking management of a property is very important, and they will set up a parking management plan for the property. Cheryl Gordon, Carbon Creative, said her firm is helping to market and brand the building. They help to bring people to the building by looking at the community, the business, the design of the building and the target market. Mark Anderson, civil engineer, commented that there was a discrepancy in the math on the Eden Prairie parking summary study, and that study was based on the planning files not the actual site data from site managers. He said they want to facilitate a turn-around area on Cochran Lane. Jeremiah said the Planning Commission believed the request for parking waivers was from 2.0 spaces per unit to 1.8 spaces. It appears the request tonight is for 1.65 per unit. Todd Mohagen,project architect, said the June 6 submittal was 1.62 spaces per unit. Getschow said staff has tried to turn around the information to accommodate changes in a lot of moving areas. Jeremiah said the report to the Planning Commission stated the parking ratio was 1.8 per unit,but the actual plans were at 1.65. Staff talked to apartment managers and what they call occupied units are spaces reserved for tenants that is not available for anyone else to use. Staff tried to use both visual review of parking and discussion with the apartment managers. She thought some of the discrepancies may indicate a need for additional review. In addition, there are some issues with Cochran Lane and market rate affordable units. They are finding the rents on this project to be above the average. Studio rentals at Water Tower average $620 while this project has studio rentals at $924. She noted staff has been trying to facilitate the project in spite of the changes brought forward in order to keep it moving. Nelson asked about the setbacks. Franzen said the setback waivers have been about the same on the plans and vary from 35 feet to 17.5 feet because of the shape of the building. Tyra-Lukens asked if these are the kind of setbacks that might be seen in transit-oriented development. Franzen said there are a lot of considerations for that type of development, including street lighting, wider sidewalks and proximity to transit station areas. Nelson asked if any of the units have handicapped accessibility. Mr. Mohagen said all of them are required to be accessible by the State building code. Nelson asked if CITY COUNCIL MINUTES July 17, 2012 Page 10 each unit will have a washer and dryer. Mr. Mohagen said each unit will have a washer and dryer. Nelson asked about any energy efficiencies planned for the building and if they will seek LEED certification. Mr. Anderson said they are not planning to seek LEED certification,but are trying to use some LEED techniques. Nelson asked if there is enough turn around for a school bus. Mr. Anderson said the school bus would enter from Mitchell Road onto Cochran and then loop back out on Martin Drive to Mitchell. Nelson asked what the City will get in return for the setback changes and fewer parking stalls. Mr. Carlston said they plan to donate to the City a one acre lot in the back that will have dog walking paths through it. Mr. Mohagen said there will be heavy landscaping around the building's perimeter, and the sidewalk will connect to the City's park system. Aho noted the parking studies we have looked at are related to summer parking and that is different from winter parking. Franzen said the studies are a snapshot at this point, and if we had the time we would check parking in each of the four seasons and at the holidays to get more data. That would be the type of study needed to develop a transit oriented development ordinance. Getschow said this project has staff thinking about taking a comprehensive look at parking,but any kind of code amendment wouldn't be feasible concurrent with this project. Ellis said Mr. Anderson addressed the turnaround for school buses and emergency vehicles,but there is still the issue of responsibility for snow removal for the on- street parking stalls. That issue could be addressed in the development agreement. Case was concerned about the issue of how something got published with numbers that were different from what was approved in planning. He was also frustrated with the fact that parking numbers are not firm, and he believed studio apartments would only require one parking space. He noted we haven't had an apartment project come before us in eight years, and we now have a project before us that gives housing stock options. He has walked the site and believes there are opportunities for parking on Cochran Lane. Butcher Wickstrom said she didn't sense that we want to throw away the project at all, and she thought it has great merit. However, this will set a precedent in the City so we have to proceed with caution. She liked the idea of staff looking at these issues more carefully since it has to go back to the Planning Commission anyway. She was concerned about the snow removal issue and parking for party guests. Tyra-Lukens said we talked about numbers that were much lower in the project concept review discussion,but now we are presented with a project with nearly 200 units. She understood they are going with more studio units and she thought their team is very impressive. She is more comfortable now with this concept being successful in Eden Prairie. There were no comments from the audience. Mr. Carlston said the change in the building has occurred over the evolution of the CITY COUNCIL MINUTES July 17, 2012 Page 11 process. He thought Eden Prairie is ready for this project, and they want to build a building that people will think is great and fun to live in. Aho said Eden Prairie needs more apartment space, and he was very excited about the project. He said the Council is very intent to do things in a proper manner and to follow the process. We want to make things successful for the developer and the community, and will do everything we can to try to accommodate the developer's timetable. MOTION: Aho moved, seconded by Nelson, to continue the public hearing to the August 21, 2012, City Council meeting, and to refer the 192-unit proposal to the Planning Commission to conduct a Public Hearing. Motion carried 5-0. D. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Request for: Zoning District Change from Rural to R1-13.5 on .5 acres. Location: 12491 Sunnybrook Road. (Ordinance for Zoning District Change) Getschow said the request is to make improvements to the property. A rezoning from Rural to R1-13.5 is appropriate. Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 46 property owners. The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1-13.5 at the June 25, 2012 meeting. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve first reading of the ordinance for zoning district change from Rural to R1- 13.5 on 0.5 acres. Motion carried 5-0. E. HIGHPOINT AT RILEY CREEK by Manley Development. Request for: Zoning District Change from Rural to R1-13.5 on 5.0 acres and Preliminary Plat on 5.0 acres into 12 lots. Location: 9765 Sky Lane. (Resolution No. 2012-109 for Preliminary Plat) Getschow said official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 25 property owners. This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District and Comprehensive Guide Plan. There are no requests for variances or waivers. The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. Case asked if the stormwater treatment pond being built by the two properties will take water from other properties eventually. Ellis said it is ponding for the Highpoint and Meadows projects. There were no comments from the audience. CITY COUNCIL MINUTES July 17, 2012 Page 12 MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; to approve first reading of the ordinance for zoning district change from Rural to R1-13.5 on 5.0 acres; to adopt Resolution No. 2012-109 for preliminary plat on 5.0 acres into 12 lots; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to approve and authorize issuance of a land alteration permit for the High Point at Riley Creek project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, as approved by the City Council. Motion carried 5-0. F. THE MEADOWS AT RILEY CREEK 2012-REMPFER/DRIVER by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 10.11 acres and Preliminary Plat on 10.11 acres into 23 lots. Location: 9805 & 9845 Sky Lake. (Resolution No. 2012-110 for Preliminary Plat) Getschow said this is a 23 lot single family subdivision. Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 27 property owners. The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. Jill Nielson, 9787 Sky Lane, said her property touches both of these properties. The neighbors are very concerned about the development, and many of them signed a statement expressing their concern. Diana Hanline, 9790 Sky Lane, was concerned there will be 35 homes on the two properties plus the 52 homes being developed across Eden Prairie Road. Her development is less than half full after five years. Her concern is with the staying power of the developers. Tyra-Lukens asked how the development at Duck Lake is doing since they are at a similar price. Jeremiah replied houses in the Duck Lake area are moving quite well. She noted we share the residents' concerns about vacant lots just sitting there. Nelson asked if we require the developer to keep the vacant lots at any level of care. Jeremiah said they are subject to our weed control ordinance and must be kept mowed. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve first reading of the Ordinance for zoning district change from Rural to R1-13.5 on 10.11 acres; to adopt Resolution No. 2012-110 for Preliminary Plat on 10.11 acres into 23 lots 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 land alteration permit for the Meadows at Riley Creek 2012 Rempfer/Driver project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, 2012 as approved by the City Council. Motion carried 5-0. CITY COUNCIL MINUTES July 17, 2012 Page 13 G. PRECIOUS METAL DEALER'S LICENSE FOR AURORA DESIGNS, INC. Getschow said a public hearing for the issuance of a Precious Metal Dealer's license is required by City Code. He reviewed the definition of a precious metal dealer. The Police Department has completed background investigations on the owner and business for both this dealer and the dealer in the next item and recommends approval of the licenses. Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 22 property owners. Nelson asked if this includes copper sales. Getschow said it does not. There were no comments from the audience. MOTION: Case moved, seconded by Nelson to close the public hearing and to approve the Precious Metal Dealer's License for Aurora Designs, Inc., DBA: Aurora Jewelers. Motion carried 5-0. H. PRECIOUS METAL DEALER'S LICENSE FOR GOLD MONEY EXPRESS Getschow said official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 139 property owners. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to approve the Precious Metal Dealer's License for Gold Money Express, LLC, DBA: Gold Money Express. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, 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 C. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Second reading of Ordinance 28-2012 for Zoning District Change from Rural to R1-13.5 on 0.5 acres (Ordinance No. 28-2012 for Zoning District Change) MOTION: Case moved, seconded by Nelson, to approve second reading of Ordinance 28-2012 for a single family lot from Rural to R1-13.5 on 0.5 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES July 17, 2012 Page 14 A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE Getschow said one of the Conservation Commission members cannot fulfill his duties on the Southwest LRT Community Advisory Committee. A new member on the commission would like to become the primary representative to the committee. MOTION: Nelson moved, seconded by Aho, to appoint Stacy Bettison as the primary Conservation Commission representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Fourth of July Celebration--Council Member Case Case said he and Council Member Aho helped with the Fourth of July celebration. It was a really great event thanks to City staff, the firefighters and the police officers. He thought it would be a great thing to enhance the event and return it to what it was in the past. 2. Evidence Showing Eden Prairie as a Good Place for Businesses--Council Member Case Case said business people have come to us and said Eden Prairie is a difficult place to do business. In many cases that isn't correct. He asked staff to come back with some evidence and facts that would show the many ways we are good at doing business. We would also want to look at the things we might do to become more friendly to new businesses. 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. Policy on In-Street Yield to Pedestrian Sims Ellis said a number of weeks ago he promised to come back to the Council with a policy on the use of in-street yield to pedestrian signs. The signs help to remind drivers they need to yield to pedestrians in a crosswalk. The signs will be used on a temporary basis for two to four weeks at certain intersections around the City to bring attention to the pedestrian crossings and raise driver awareness. CITY COUNCIL MINUTES July 17, 2012 Page 15 Aho said some communities use a system of signal flags for crossing where a pedestrian will take a hand flag across to the other side. He thought that might be appropriate for some intersections. Ellis said staff has also been looking at other alternatives for pedestrian safety. MOTION: Case moved, seconded by Aho, to approve the policy on the use of in-street yield to pedestrian signs. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 10:13 PM.