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City Council - 09/18/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 18, 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 Mayor Tyra-Lukens thanked Girl Scout Junior Troop 13382 for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Tyra Lukens added Item XIV.A.2. Getschow noted a change to Item VIII.F. on goldenrod paper. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 4, 2012 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, September 4, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, September 4, 2012 as published. Motion carried 5-0. CITY COUNCIL MINUTES September 18, 2012 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. DOS MANITAS DAYCARE FACILITY by Dos Manitas Daycare. Second reading of Ordinance 30-2012-PUD-10-2012 for Planned Unit District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 0.98 acres, Resolution 2012-126 for Site Plan Review on 0.98 acres. Location: 7735 Mitchell Road. (Ordinance No. 30-2012-PUD-10-2012 for PUD District Review with waivers and Zoning District Amendment; Resolution 2012-126 for Site Plan Review) C. GOLDEN TRIANGLE TECH CENTER by Northmarq Real Estate Services, LLC. Second Reading of Ordinance 31-2012 for Zoning District Change from I-2 to Office on 11.10 acres, Resolution 2012-127 for Site Plan Review on 11.10 acres. Location: 7905 Golden Triangle Drive. (Ordinance No. 31-2012 for Zoning District Change; Resolution No. 2012-127 for Site Plan Review) D. AWARD CONTRACT TO REPLACE COUNCIL CHAMBER ROOF TOP AIR HANDLING UNIT TO MCOUAY SERVICES E. ADOPT RESOLUTION NO. 2012-128 AUTHORIZING ISSUANCE AND SALE OF $10,550,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2012C F. ADOPT RESOLUTION NO. 2012-129 APPROVING RENEWAL OF JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASKFORCE MI( CAC) G. ADOPT RESOLUTION NO. 2012-130 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH MNDOT FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS H. ADOPT RESOLUTION NO. 2012-131 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE I. APPROVE WORK ORDER WITH MNDOT FOR VALUE ENGINEERING STUDY FOR THE SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS J. APPROVE CHANGE ORDER#1 FOR 2012 OVERLAY PROJECT MOTION: Nelson moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES September 18, 2012 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION 2012-132 VACATING PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS OUTLOT A, EDEN BLUFF HIGHLANDS 2ND ADDITION AND LOT 2, BLOCK 1, EDEN BLUFF HIGHLANDS 4TH ADDITION Getschow said this vacation of an easement involves a project that happened quite a while ago when the C. H. Robinson campus was constructed. They are planning additional construction there. New drainage and utility easements will be dedicated for the new construction. Official notice of this public hearing was published in the August 30, 2012, Eden Prairie News and sent to 4 property owners. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2012-132 vacating a part of the drainage and utility easements lying over, under and across Outlot A, EDEN BLUFF HIGHLANDS 2ND ADDITION and Lot 2, Block 1, EDEN BLUFF HIGHLANDS 4TH ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota. 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 1. UHG/Shady Oak Road Project--Council Member Case Case said he wanted to review and outline the concerns expressed by the neighborhood group at tonight's Council Forum and at a recent neighborhood meeting. A neighborhood group has shared concerns about the impact of the UHG construction to the community near Bryant Lake, in particular the effect on Cherokee Trail as it connects to Rowland Road. He summarized the issues as follows: CITY COUNCIL MINUTES September 18, 2012 Page 4 • Impact of UHG Traffic on Highway 62--Although Hwy 62 is beyond the City's jurisdiction, there will be an impact to the communities abutting Hwy 62 as 6,700 cars are added to the Crosstown traffic by the project. He did not recall the issue of traffic impact being discussed when the UHG project was approved. It is important for our engineering staff to keep that on the list of lobbying concerns with the State and County. • Cherokee Trail Issues--We will need to keep close tabs to see if Cherokee Trail becomes a cut-through route to Rowland Road or if the traffic on Cherokee picks up considerably. There was also a concern about the sign pointing the way to Bryant Lake Park being covered by trees. • Landscaping Concerns--He was concerned about what authority we have about this since we are the overseers of the project. If we don't have authority, then we may want to see if there is a small amount of money to supplement the County money, particularly for the landscaping on the west side around the wetland. If possible,he thought we might want to get the neighborhood involved in some of the landscape planning. • Fence--He was concerned about what authority we have to install a more solid fence that would catch debris and help to block sound for the neighbors. At the least we need to keep open the communication with the neighborhood. • Noticing--He said occasionally the 500 foot rule for noticing gets in the way of common sense, and he has some sense that we didn't get notices far enough in this neighborhood. He encouraged staff to make sure as much area as possible in the Cherokee Trail neighborhood receives notices because a 15-story building impacts a lot further than 500 feet. Getschow said this is an opportunity for us to give background and feedback on these issues. There are several items that staff will follow up on, and we can communicate with other jurisdictions. The Police Department can keep an eye on cut through traffic on Cherokee Trail. He noted the Watershed District reviewed the project in terms of the landscaping and wetland issues. Ellis said the public was invited to two open houses to view the plan for construction. There were about 54 people in attendance at the August 22 open house, and 11 comment cards were received back. Three of those comments asked for more landscaping. When this project came in, staff made up a technical panel to help guide the design of the project. At that time the decision was made to keep the look of the corridor between Eden Prairie and Minnetonka. The landscape plan shows brick pavers and vegetation in the median. There are 200 trees along the corridor. UHG is planning a lot of soft- scaping that is not shown on the plan. There will be two benches along the trail. We have added trees along the trail and the wetland in response to the neighborhood feedback. The corridor is a difficult area for City personnel to maintain, but we are planning some drought-tolerant species along the right- CITY COUNCIL MINUTES September 18, 2012 Page 5 of-way. Another idea that came out of the public process was some type of landscaping on Old Shady Oak Road. We could put more bushes or flowers to help the landscaping in the medians there. Nelson suggested doing something with trees or bushes to make a transition from commercial to residential at Rowland Road. Ellis replied staff has looked at traffic on Rowland Road but has not considered the landscaping issue. 2. Upcoming Events--Mayor Tyra-Lukens Tyra-Lukens said the Council received notices from the local Metropolitan Council representatives about the upcoming meetings for their Thrive MSP 2040 program. The program is part of their process to come up with the next framework for our region. There are several listening sessions planned. One will be held on Tuesday, September 25 at the Chanhassen Library, and another on Thursday, September 27 at Valley View Middle School in Edina. The sessions provide an opportunity to weigh in on things such as how we want transit to look in 2040, affordable housing, waste water management and parks. Tyra-Lukens said there are three upcoming events in the City: the collection of one-act plays at the Riley-Jacques Barn put on by the Eden Prairie Players for the next three weekends; the Art Crawl on September 29 and 30; and the Heritage Celebration on September 30 at Riley Lake Park. 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:28PM.