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City Council - 08/21/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 21, 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. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS Mayor Tyra-Lukens noted that Eden Prairie was recently selected by Money magazine as one of the top cities in which to live in the USA. She thanked all those in the community who make Eden Prairie a wonderful place to live. A. EDIBLE PLAYGROUND DONATION (Resolution No. 2012-112) Lotthammer said an anonymous donor has given $8,776 to help fund the "Edible Playground" at Prairie View Park. He showed slides of the garden as it has grown over the summer months. The summer playground program participants have worked in the garden this year. During the school year the garden will be tended by Prairie View Elementary students. The goal of the program is to teach children how food is produced and to inspire them to eat healthy and nutritious foods. The program also has a curriculum available for teachers to use during the school year. Tyra-Lukens said she would like to hear back how the teachers incorporated the program into the school curriculum. Nelson asked if we plan to have the same program at the other three grade schools as it seems like a really good program. Lotthammer said staff is discussing how this could be done in other places because there are no summer playgrounds at the other schools. CITY COUNCIL MINUTES August 21, 2012 Page 2 MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-112 accepting $8,776 from an anonymous donor for funding of the Edible Playground. Motion carried 5-0. B. HEALTHY COMMUNITIES (Resolution No. 2012-113) Lotthammer said the Twin Cities Obesity Prevention Coalition (TCOPC) encourages cities and local park and recreation agencies to take a leadership role in their community in the fight against the nation's health and obesity epidemic. The resolution advocates for healthy eating and active living strategies in the community. On behalf of the Twin Cities Medical Society Dr. Peter Dehnel applauded the City for considering the resolution. He noted communities play an essential role in encouraging a healthy lifestyle for their residents. Aho asked if there have been any studies about the effectiveness of resolutions like this in helping cities with health problems. Dr. Dehnel said there have not been a lot of studies done on long term results,but he thought Eden Prairie would be a good test site to conduct such a study. Lotthammer gave a PowerPoint presentation showing some of the efforts Eden Prairie has made to promote healthy eating and active living, such as summer youth programs, community gardens, our trails and parks and other programs. Nelson said this seems like a primary initiative to start a farmers market next summer at one of the parks or on a major street in town. Tyra-Lukens said she had planned to bring that up later in the agenda because she thought we need to re- examine the possibility of having a farmers market. Case thought it would be great to have a farmers market at some point,but he noted we have three local farmers who serve the community with their markets. Getschow noted there is a change to the resolution for this item on goldenrod paper. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-113 declaring Eden Prairie to be a Healthy Eating and Active Living Community. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.B.2. He noted there is a change to Item VIII.I on goldenrod paper. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES August 21, 2012 Page 3 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 17, 2012 Case said Page 2, Paragraph 4, Sentence 3 should be changed to "Council Member Case said it is psychologically important to keep the levy under 1%. MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, July 17, 2012 as amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 17, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, July 17, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE MEADOWS AT RILEY CREEK 2012-REMPFER/DRIVER by Marsh Cove, LLC. Second Reading of Ordinance 29-2012 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. (Ordinance No. 29-2012 for Zoning District Change) C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR IN-CONSTRUCTION SERVICES FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR CONSTRUCTION AND MATERIAL TESTING FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR GEOTECHNICAL SERVICES FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS F. LEASE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT G. AWARD CONTRACT FOR JOSEPH CURVE AREA DRAINTILE PROJECT TO S.M. HENTGES CITY COUNCIL MINUTES August 21, 2012 Page 4 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PCE FOR WATER PLANT CLARIFIER RECOATING PROJECT I. APPROVE AND AUTHORIZE EXECUTION OF SUBORDINATION AND MODIFICATION AGREEMENT AND ESTOPPEL CERTIFICATE J. ADOPT RESOLUTION NO. 2012-114 AUTHORIZING CONSENT TO THE TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PACW EDEN PRAIRIE LLC TO PARK AT CITY WEST APARTMENTS, LLC K. ADOPT RESOLUTION NO. 2012-115 AUTHORIZING EXECUTION OF 2012 CDBG SUBRECIPIENT AGREEMENTS AND ACTIVITIES TO BE UNDERTAKEN WITH PROGRAM FUNDS L. APPROVE REGIONAL TRAILS —WINTER ACTIVITIES USE PERMIT M. APPROVE CONTRACT FOR INDOOR PLAY STRUCTURE EXPANSION MOTION: Case moved, seconded by Nelson, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2012-116 VACATING PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF SKY LANE Getschow said official notice of this public hearing was published in the August 2, 2012, Eden Prairie News and sent to 9 property owners. Rosow said the resolution for this item should have an added paragraph three like the one found in the following item, Item IX.B. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-116 vacating the public right-of-way easement over part of Sky Lane, as dedicated on the recorded plat of Cedar Hills West, Hennepin County, Minnesota. Motion carried 5-0. B. RESOLUTION NO. 2012-117 VACATING DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 3, CEDAR HILLS WEST Getschow said new drainage and utility easements will be dedicated with the plat of The Meadows at Riley Creek. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of The Meadows at Riley Creek. CITY COUNCIL MINUTES August 21, 2012 Page 5 There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-117 vacating all the drainage and utility easements lying over, under and across Lot 1, Block 3, Cedar Hills West, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. C. PARKS AND RECREATION FEES AND CHARGES Lotthammer said the proposed fees and charges are being brought to the City Council now because the fees must be included in the January-March 2013 brochure that is about to go out for printing. The public hearing provides an opportunity for residents to give feedback and comment on the proposed changes. He said the Parks, Recreation & Natural Resources Commission unanimously recommended approval of the fees. He noted there is a chart in the packet that shows where the increases are proposed. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to approve the proposed Parks and Recreation fees and charges for inclusion in the 2013 budget. Motion carried 5-0. D. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development LLC. Request for: Guide Plan Change from Community Commercial to High Density Residential on 3.105 acres, Planned Unit Development Concept Review on 3.105 acres, Planned Unit District Review with waivers on 3.105 acres, Zoning District Change from Community Commercial to RM-2.5 on 3.105 acres, Preliminary Plat of 3.105 acres into one lot and Site Plan Review on 3.105 acres. Location: Mitchell Road and Cochrane Lane. (Resolution No. 2012-118 for Guide Plan Change; Resolution No. 2012-119 for PUD Concept Review; Resolution No. 2012-120 for Preliminary Plat) Getschow noted this item was on the Council's agenda at the last meeting in July and was referred back to the Planning Commission. This is an apartment project that requires a guide plan change and waivers from the City code for density, height, parking and site area per unit. Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 9 property owners. The Planning Commission recommended approval of the project with waivers and some conditions at their meeting last week. Scott Carlston, 8150 Drexel Court, said he has had good meetings with staff and everyone has worked together to bring a good resolution to the issues. There are a couple of items still outstanding: the number of cars and bicycles to be provided at the apartment building for the residents' use. He said they would like to start with one hybrid car and 10 bicycles, track the usage for several months and then make adjustments to those numbers if necessary. He reviewed the changes they have made to the project. CITY COUNCIL MINUTES August 21, 2012 Page 6 Kevin Teppen, landscape architect with MFRA, described the proposed landscape plantings around the building. He noted they plan to put in a fair amount of plantings along the south side. Mr. Carlston gave a PowerPoint presentation of artwork proposed for the lobby and the amenity deck design. He reviewed drawings of the proposed walking trail through the wetlands. He said the City has agreed to take care of replacing the bridge and the portion of the trail on the other side of the bridge. Mr. Carlston said he was somewhat confused about the issue of the assessment for future proof of parking since they had worked out many of the issues regarding parking. Jeremiah said the details of the assessment for future proof of parking would be worked out as part of the development agreement. Generally, the cost of the parking would be worked out and a "not-to-exceed" value would be included in the agreement along with language as to when the assessment would be required. Carlston said there are supposed to be ten permanent spots on the east side of the building. Jeremiah said there are ten permanent spots on the southeast corner of the building and four more along the south side of the building. The additional proof of parking would be on the west side of Cochrane Lane. Case said he visited the site today and had a chance to speak with the owner of the BP station and the Regional Manager of Buca. He said Buca's has some issues about parking on certain evenings, and he asked how they would keep parking overlap from occurring. Carlston said he has seen one car at the most in their back lot so he was not concerned about that. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. Nelson said she would like to make sure we have all the pieces nailed down in the development agreement before final approval. She said it doesn't sound like we are 100% complete. Case said he has been supportive of this project from the beginning since we have not had an apartment project come before the Council for many years. He thought it is a great site for an apartment building. The owner of BP is very excited about the project. Regarding the caribike issue, he assumed anyone moving into this project would have a car so he thought it would make sense to go with one car and keep track of the data. He also thought it makes sense to have some bikes, and probably ten would be enough as a trial. He would like to make sure the development would not have to keep the car or the bikes if they are not being used. Butcher Wickstrom said she supports this project and plans to vote for approval. She thought the project is very innovative and addresses the changes in demographics in Eden Prairie. She was also fine with having one car and ten bikes to start. CITY COUNCIL MINUTES August 21, 2012 Page 7 Aho said he was very supportive of the project and they have added a lot of nice components to make it a better project. He thought they should have flexibility as to the type of vehicle provided and the number of cars or bikes. Tyra-Lukens agreed the project looks great, and she loved the idea of public art. Nelson said she liked the addition of flowering plants and the idea of rotating public art. She also liked the roof deck that adds to the outdoor space. The project has been improved, and it brings a little of the urban apartment component to Eden Prairie. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2012-118 for Guide Plan change from Community Commercial to High Density Residential on 3.105 acres; to adopt Resolution No. 2012-119 for Planned Unit Development Concept Review on 3.015 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District change from Community Commercial to RM-2.5 on 3.105 acres; to adopt Resolution No. 2012-120 for Preliminary Plat on 3.105 acres into one lot; 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 Mitchell Crossing 2012 project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 21, 2012 as approved by the City Council. Case said he wanted to be clear we are approving that proponent will provide one car and ten bikes for the building. Getschow said staff will be working on a lot of issues relating to securities between now and second reading, and the recommendation regarding the car and bikes will be incorporated in the final approval. VOTE ON THE MOTION: Motion carried 5-0. E. DOS MANITAS DAYCARE FACILITY by Dos Manitas Daycare. Request for: Planned Unit Development Concept Review on 0.98 acres, Planned Unit District Review with waivers on 0.98 acres, Zoning District Amendment within the Community Commercial Zoning District on 0.98 acres, and Site Plan Review on 0.98 acres. Location: Mitchell Road and Cochrane Lane. (Resolution No. 2012- 121 for PUD Concept Review) Getschow said the site plan shows an 8,527 square foot daycare building and outside activity area behind Buca's and next to the Mitchell Crossing Apartments. Quinn Hutson, CNH Architects, gave a PowerPoint presentation of the project. He said there will be a playground on the east side, with parking on the other side. He noted there is proof of parking required on the east side in case the building use is changed in the future. CITY COUNCIL MINUTES August 21, 2012 Page 8 Case said he noted the Planning Commission minutes reported that proponent had been in negotiations with Buca. He asked if they have discussed a future agreement with Buca to allow parking during off hours. Mr. Hutson said they have made those arrangements. Case said he would encourage that because Buca has expressed some concern about their current parking needs. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-121 for Planned Unit Development Concept Review on 0.98 acres; to approve 1 st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Community Commercial Zoning District on 0.98 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a land alteration permit for Dos Manitas Daycare Facility project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 16, 2012, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the Dos Manitas Daycare Facility project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated July 16, 2012, as approved by the City Council. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Decline Offer to Establish a Deputy Registrar Service Getschow said the Hennepin County Service Center that was located in Eden Prairie closed earlier this year. One of the biggest benefits of that facility to the community was the Deputy Registrar service they provided. We recently received notice from the State that a private entity, AAA Minneapolis,has proposed to offer those services. In order for the AAA proposal to move CITY COUNCIL MINUTES August 21, 2012 Page 9 forward, both Hennepin County and the City of Eden Prairie must decline an offer from the State of Minnesota Department of Public Safety to operate a Deputy Registrar service. Tyra-Lukens asked what will happen if AAA ends up not establishing the service. Getschow said he believed the City could reconsider our declination and also would not have to do the declination each time there was another proposal. MOTION: Aho moved, seconded by Nelson, to decline the offer by the State of Minnesota Department of Public Safety for the City of Eden Prairie to offer its own Deputy Registrar Services based on its support of another proposal to offer similar services in Eden Prairie. Motion carried 5-0. 2. Update on Comcast Franchise Agreement Getschow said at the last meeting the Council approved first and second reading of the Comcast franchise agreement. At this time all five cities in the Southwest Suburban Cable Commission (SWCC) have approved the franchise agreements. The one issue remaining was the closure of the studio that Comcast operated. He said ten producers in the five city area were identified to talk to about the studio. Comcast has agreed to keep the studio open until the end of August. In the meantime Brian Grogan, the SWCC attorney, negotiated to use the Lake Minnetonka studio in Spring Park until the end of the year. Because all five cities agreed, the SWCC can execute an agreement with the Lake Minnetonka group to rent the space. The SWCC was given money by Comcast to deal with this transition. The SWCC will continue to meet this fall to consider long range options. Nelson said the studio in Spring Park is a long way from Eden Prairie. She would like to look at options in Bloomington or somewhere closer than Spring Park; however, she was happy to see this as an option until the end of the year. Case noted we are only talking about ten producers in the five cities, and 90% of the programs have been done outside the Comcast studio. The studio is the first order of discussion for the SWCC at their next meeting. He said we will have $200,000 that will give us many opportunities, and we can purchase equipment and build a studio if that is what we decide to do. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Overview of City Development Fees CITY COUNCIL MINUTES August 21, 2012 Page 10 Ellis referred to his report giving an overview of Eden Prairie development fees. A study done in 2000 by the Metropolitan Council Environmental Services found 60 out of 100 of the cities in the metropolitan area charge some kind of local sewer access charge (SAC) and water access charge (WAC). Most cities charge a higher WAC fee because the sewer system is centralized, and the Met Council delivers the SAC service. Eden Prairie falls somewhere near the median charge for both WAC and SAC. He said a couple of months ago the City Council voted to reduce the local WAC and SAC charges by eliminating the third tier. That resulted in a$1000 savings per commercial unit for SAC and WAC fees. He noted we need some combination of revenue to support all of our enterprise, and we have determined that development should support their fair share. Case said the WAC charge seemed high, especially in some specific instances such as a hair salon or a restaurant. He thought it might be good to look at opportunities to help out some smaller, struggling businesses with the WAC charges especially. 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 Aho, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:23 PM.