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City Council - 10/16/2012 (5) APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 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, City Planner Mike Franzen, 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 7:05 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Tyra-Lukens thanked Cub Scout Pack 348, Den 16, sponsored by Pax Christi, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY MURAL Lotthammer said the City has been focused on introducing public art into the City. The City collaborated with artist Emily Taylor to create a traveling community mural, "Heritage in the Prairie." Ms Taylor described the mural and the process she used to create it. Tyra-Lukens suggested the mural have an accompanying piece that identifies the sites depicted in the mural. B. TWIN CITIES OBESITY PREVENTION COALITION WINDOW CLINGS Lotthammer said in August Eden Prairie became one of the few cities to be part of an action to make people aware of fighting obesity and the benefits of a healthier life style. Jennifer Anderson and Dr. Peter Dehnel, representing the Twin Cities Obesity Prevention Coalition, presented window stickers designed for city buildings and vehicles promoting the City as a healthy eating and active living community. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES October 16, 2012 Page 2 Case added Item XIV.A.1. Tyra-Lukens added Item XIV.A.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, OCTOBER 2, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 2, 2012 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 2, 2012 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2012-139 DECLARING PROPERTY AS ABANDONED PROPERTY C. ADOPT RESOLUTION NO. 2012-140 APPROVING EMPLOYEE INTERCHANGE AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT D. ADOPT RESOLUTION NO. 2012-141 ENDORSING FUNDING APPLICATION FOR MITCHELL ROAD/BAKER ROAD WSAH 60) SIDEWALK IMPROVEMENT E. APPROVE PURCHASE OF GE-IFIX SOFTWARE UPGRADE FOR WATER TREATMENT PLANT CONTROLS SYSTEM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP G. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE PROP SHOP H. APPROVE BROKER LISTING AGREEMENT FOR CH ROBINSON SPACE CITY COUNCIL MINUTES October 16, 2012 Page 3 I. SET PUBLIC HEARING FOR TUESDAY, DECEMBER 4, 2012, REGARDING MODIFICATION OF TIF DISTRICT 12 MOTION: Case moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2012-142 APPROVING SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2012 Getschow said this is an annual item where the City Council holds a public hearing and approves special assessments associated with projects throughout the year. The total amount proposed to be assessed is $570,891.88 and includes two fairly large project assessments. Rosow noted there is a slight wording change in the resolution to refer to the 30 days allowed for payment without interest being assessed. Case asked if the Council would be allowed to vote on the Bellerieve project prior to its being approved. Ellis said the special assessment is for trunk water and sewer so there would be a benefit to the property. Case asked if the special assessment would be negated if the project were not approved. Rosow noted that bringing sewer and water makes the property developable, and the infrastructure improvements increase the value of the property. Dean Longsyo distributed a handout to Council Members and said his property has a special assessment of$1,039.08 for emergency board up. He noted the amount was paid in full yesterday; however he believes this is a hardship case. The double bungalow was vacant and the insurance was canceled. After a fire in late 2011 damaged the building, the Police and Fire Departments prevented him from taking any action on the property. The board up work was done by a contractor,but it was never revealed to him that there would be an assessment for the work. He objected to the amount of the assessment. Getschow noted the handout says the assessment was paid. Mr. Longsyo said it was paid. Getschow said staff was aware of the fire but not the circumstances around it. Staff would need to talk to the building inspector and the Fire Chief about the circumstances. He asked if Mr. Longsyo had brought his concerns to the City prior to this. Mr. Longsyo said he spoke yesterday with Kevin Schmeig who said he would provide the bills involved in the board up work. Getschow said staff will work with Mr. Longsyo on this and report back. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-142 approving all Special Assessments presented in the fall of 2012 with the exception of the assessment for the Longsyo property. Motion carried 5-0. B. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment CITY COUNCIL MINUTES October 16, 2012 Page 4 on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) Getschow said these requests are related to an expansion of their garden center and the addition of a truck rental area. The Planning Commission voted 5-0 to recommend approval of the project at the October 8, 2012 meeting. Mike Roche, representing GreenbergFarrow, said they want to expand the existing garden center toward the front parking lot to provide more space for seasonal sales items and provide screening as required. The other part of the project is to introduce Penske truck rentals through Home Depot. There would be 6-8 Penske trucks parked in the truck rental area. Tyra-Lukens asked about the fencing of the garden center expansion. Mr. Roche said the fencing would match the existing garden center with the same materials and colors Nelson asked about the placement of the Penske truck area in the middle of the parking area. Mr. Roche said the location shown on the plans is near the lumber canopy area, and the staff who rent the trucks are near the service area inside the building. He said they would be happy to work with the City to find the best location. Nelson said she would rather have it be as far to the edge as possible. Mr. Roche said that was agreeable to them. Case said the area of the parking lot they proposed is not used much, and trucks could pull in from either side. He said he would defer to the planning of the Home Depot experts. Mr. Roche said the trucks are being rented so they want to give a little more room to the drivers to get in and out. Aho suggested staff work with proponent to find the best location in terms of safety and sight lines from Valley View Road. Tyra-Lukens said she did not see a landscape plan although she recalled seeing something about landscaping. Mr. Roche said a landscape plan was not included. Tyra-Lukens said she has some concerns about the screening. The addition to the garden area comes a lot closer to the road, and the screening all along Valley View is really minimal. She also had concerns about the very visible truck parking area and noted other truck rental firms in town are much more screened. She was also concerned that only 86 residents were noticed. We received one letter from a resident who is concerned about loudspeaker and music noise. This Home Depot is unusual in that it backs up to a residential community. She was concerned that adding on more outdoor space will mean more noise. Mr. Roche said they saw the letter from the resident and are talking to their staff about the speakers and phones. That situation will be rectified. He said Home Depot is committed to being a good neighbor and will work with City staff to limit the noise. CITY COUNCIL MINUTES October 16, 2012 Page 5 Tyra-Lukens asked if the percentage of outdoor shelf space includes things like putting out barbecue grills for 200 feet in front of the building. Jeremiah said the figures include all of the outdoor storage and the smaller items. Eileen Jumbeck, 13396 Zenith Lane, said her property is directly to the west of Home Depot. She was concerned the expansion of the garden area will mean more trucks beeping in the middle of the night and store staff outside until 2:00-3:00 AM. She was concerned about the size of the rental trucks and what kind of noise they will make. She noted they did turn out the spotlight at 10:00 PM after the neighbors complained, but she didn't think they should be allowed to work outside at 3:00 AM. Tom Kingsley, 13450 Valley View Road, was concerned about the noise issues. Nelson said she was not aware they were playing music outside with a speaker system and that concerns her. She had not envisioned any outside music or speakers. She was not interested in expanding this unless all the concerns expressed tonight are dealt with. Mr. Roche said outdoor communications and music should not happen during the night. Operations should start at 6:00 AM and end at 10:00 PM. Nelson said there should be no music outside, and she suggested their staff communicate with beepers, not intercoms. Aho said the staff at Home Depot do carry little communication devices. He would like to make sure we limit things. He suggested staff work this out with Home Depot and make sure they are not disturbing the neighbors. Butcher Wickstrom said she appreciated hearing these comments and agreed we have to do something about the noise issues. Tyra-Lukens said she was really concerned about screening and would like to see the trucks parked behind some kind of fence or totally screened. Rosow said we have until January 13 for the review period, and staff hasn't had an opportunity to discuss this with them. The waiver requested is for the entire expansion. Staff would appreciate being able to have discussions before first reading approval in order to see the details. Getschow said staff looked at the letter from the resident and the concerns of the writer about the noise. The issues expressed exist today and are not related to the expansion. Case said we do want to mitigate the impact on the neighbors as much as possible, and he was especially concerned about the noise. He did not think the trucks are being placed in a bad spot and did not agree the parking area should be pushed off to a 60-foot hill. He did want staff to go back and review it and bring back the best plan possible. Tyra-Lukens said the Planning Commission minutes indicate discussion about screening and adding trees,but there is nothing in the staff report or other material CITY COUNCIL MINUTES October 16, 2012 Page 6 about what the screening will be and where it will occur. Mr. Roche understood the landscaping near the garden center will be done on the islands. Aho thought they might put more trees near the area where the trucks are parked and by the NURP pond. Tyra-Lukens agreed there should be more screening around the truck area. Tyra-Lukens was not sure truck rental is what we want in our community,but she would feel much better if the trucks were screened, off to the side and not so visible from Valley View Road. Ms Jumbeck said she can see Home Depot from where she lives and that hill used to be a lot bigger. She said 80% of the trees Home Depot planted are dead. She noted residents who live at higher levels hear even more noise. Tyra-Lukens asked staff to address the status of the current landscaping and report back. MOTION: Nelson moved, seconded by Butcher Wickstrom, to continue the public hearing to the November 20 meeting of the City Council and to direct staff to work with proponent to resolve noise issues, landscaping, truck placement and other items discussed by the Council. Motion carried 5-0. C. MAC DEVELOPMENT SITES by Metropolitan Airports Commission. Request for: text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Location: Flying Cloud Airport. ( Resolution No. 2012-143 for Guide Plan Change) Getschow said the Metropolitan Airport Commission (MAC)has identified six development parcels at Flying Cloud Airport for potential future development for Airport Office or Airport Commercial uses. Official notice of this public hearing was published in the October 4, 2012, Eden Prairie News and sent to 676 property owners. The Planning Commission spent two consecutive meetings discussing this project. He noted this is the first step of a long process of development for MAC's commercial properties. Mike Franzen, City Planner, said there is a three part process for actions the Council will be considering. Action is requested this evening to establish the regulatory tools, the measures that will be used to judge the merits of the rezoning and site plan review. We are creating the Airport Office and Airport Commercial districts that are identical to the City's Office and Commercial designations. Development in the two new districts must establish a residential character,have the best part of the building towards the residential area and have lower light canopies. There are additional architectural and landscaping standards. In the rezoning process staff will look at the best place to put the building on each site and will look closely at transition issues. He noted it is also important for the Planning Commission, the City Council and the neighborhood to be involved. The resolution on the agenda tonight is the guide plan stage, and we can't take action until the Metropolitan Council approves. CITY COUNCIL MINUTES October 16, 2012 Page 7 John Fedora, 9820 Tree Farm Road, said the City Council has a document from the neighbors in the Tree Farm Road area. He noted the process will go a lot easier for everyone if Parcel 6 is removed from consideration. Parcel 6 lacks access, has an extreme terrain, contains wetlands, is a wildlife habitat and has a storm water culvert through it. He presented a signed petition from the neighbors requesting that Parcel 6 be removed. Jeff Schoenwetter said he is a builder in Eden Prairie and is representing many neighbors that live on Sky Lane. He believes MAC is a good neighbor; however, the Council needs to recognize that MAC is now a developer and should have to show their plans just as he does. Land west of Spring Road and Eden Prairie Road is zoned R-1, and any other developer would have to show a plan. He said he could not support future office use on property that is surrounded by R-1 property. He would support more residential building because that is what the guide plan shows. He noted the land on the west side of their property was acquired by MAC, and he asked if the airport gets to have special treatment as the boundaries of the airport are expanded. Brian Reid, 10009 Kiersten Place, said he is on the east end of Parcel 6. He bought his house two years ago and reconciled himself to having the airport there; however, this is a new development that probably will bring property values down. David Anderson, 15510 Crocus Lane, was concerned about the size of Parcels 3 and 4. He thought the proposed Holiday Station would have less impact on the surrounding neighborhood if it were built on Parcel 4 rather than Parcel 3. Jim Bendick said he owns the building near Parcel 7 and is concerned about what they plan to put there. He didn't think there was enough room there for a building and he was concerned about access. Jack Matz, 9752 Cupola Lane, said the City Attorney made the statement at the Planning Commission meeting that MAC could do whatever they want to do, so he wondered if we are wasting our time here tonight. Rosow replied MAC takes the position they don't have to listen to the City, while he takes the position that, with respect to this property, they do have to listen to the City. To avoid a large dispute about this, a compromise was worked out with MAC as to how they would go through our process. Their original proposal was to hold a public meeting, design something they wanted, and then let the City know about it. The City would have no input with respect to what was developed. He said his own position was that MAC has to listen to the City for development of these sites which will be developed for non-aeronautical usage. Mr. Matz asked if Parcel 3 is the vacant land. Franzen said it is vacant property outside of the soccer fields. Mr. Matz said the neighbors were told there would not be anything built on Parcel 2 and he was also concerned about access to that parcel. He asked if MAC pays taxes. Rosow replied they pay personal property tax in lieu of property tax. CITY COUNCIL MINUTES October 16, 2012 Page 8 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. Case said he has often told people that ultimately MAC has the final authority to do what they want,but they did agree to go into a Joint Zoning commission so that we could be listened to. Rosow said this action has nothing to do with the JAZB. It is MAC's position that they have authority to develop their property without City input or approval. Case asked if there is case law for other reliever airports. Rosow said there was an opinion in 1992 from the Attorney General that we could not impose our zoning authority on the airport; however,his own opinion is that the 1992 opinion does not address non-aeronautical purposes. Case said that means we would have to be prepared to go to court. If we don't take this action, we would lose all leverage. This action would mean they would follow our building requirements. At least we get a seat at the table and have some political leverage. He was not happy with them coming tonight asking for approval of anything they want to do. While we are doing just the basic definitions tonight, that leaves it open for Parcel 6 to be developed as office. He thought neither Parcel 2 nor 6 should be zoned office. He asked if by participating tonight we are giving a nod of approval. He said he was not comfortable voting for this tonight. Nelson asked if this is an all or none situation, as she was more comfortable with the commercial than the office development. Rosow said he hasn't discussed that with MAC. The action tonight is to approve the language, not approve the rezoning for commercial or office use on any of the parcels. It will set up the mechanics that would allow them to come back at a new public hearing to request the actual rezoning of the parcels. Tyra-Lukens asked if that means we could be doing what we are tonight without talking about the specific parcels or their size and shape. Rosow said this puts the definitions in the code without any parcel designations applied to them. They will have more detail when they return, but it won't be a detailed kind of plan. He noted the agreement with MAC was a compromise and a means to avoid a dispute. This allows MAC to hear what the City Council is saying. We have an extension until January so there is still more time available. Aho asked what the resulting actions would be if we were to not approve the text amendment to the guide plan. Rosow said MAC would take that as a repudiation of the process and would then go about doing their development plans without City input. Aho said he would like to proceed with this part of it so we can investigate this further and have a seat at the table. We need to look at how we can be a part of the process and get as much out of this as we possibly can. Butcher Wickstrom was concerned that if we remove ourselves from this dialogue then we will not be in conversation with them. She wanted to do whatever it is that will keep us in conversation with MAC. CITY COUNCIL MINUTES October 16, 2012 Page 9 Tyra-Lukens asked if the two new classifications could be applied to other sites. Franzen said it would apply only to these parcels. Rosow noted the rest of the airport site is an aeronautical use. Nelson said she wanted to get as normal buildings as possible. She wanted to send a strong message to MAC that Parcels 1, 2 and 6 need a lot more work. She suggested MAC might want to start first with things that are more equitable for the community. She would like to take the office piece out of the agreement. It is very important that any businesses that go in meet our standards. She didn't want this to go without the message that the office pieces aren't seen as acceptable and need a great deal of work. Getschow noted Parcel 1 has been dropped. Aho said it was important to keep in mind that all of these potential businesses are going to be market driven. There will be a huge investment in capital to build them. While MAC may zone something as a particular classification, that doesn't mean they will find a business that will want to locate there. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2012-143 for Guide Plan text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, and a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, and to approve 1 st Reading of the Ordinance for a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Motion carried 4-1-0, with Case opposed. D. BELLERIEVE by Mike Gressor. Request for: Zoning District Change from Rural to R1-13.5 on 23 acres, Preliminary Plat of 23 acres into ten lots. Location: 10701 Riverview Road. (Resolution No. 2012-144 for Preliminary Plat) Getschow said official notice of this public hearing was published in the October 4, 2012, Eden Prairie News and sent to 66 property owners. This is a 10 lot single family subdivision that conforms to R1-13.5 requirements. The Planning Commission voted 8-0 on September 24, 2012 to recommend approval of the project with a condition that staff and the project proponent have reach an agreement on the outlot dedication. Marty Campion, Campion Engineering, said this 23-acre property will be subdivided into ten lots. It is on the south side of Riverview Road and has City sewer and water available on the northwest corner. He said nothing has been finalized, and they need City staff to come to the site to see what is being proposed. Nelson asked if the current home on the property will stay there. Mr. Campion said the existing home will stay in place and that is located on Lot 4. He noted the property has two distinct portions: the relatively flat portion closer to Riverview Road, and the sloped portion to the south that extends from the rear of the development pads to the Minnesota River. CITY COUNCIL MINUTES October 16, 2012 Page 10 Nelson asked if the part that is becoming park land is closest to the river. Mr. Campion said the trail is on the southern most edge adjacent to the Minnesota River. Lots 4, 5 and 6 will extend down to the river, and they are working with staff as to how the property along the river will be conveyed to the City. Nelson said she did not want to see homes built on those lots where there could be an issue of having them slide down the bluff. Jeremiah said there is a large scenic easement that would also impact the location of buildings on Lots 5 and 6. The line less than halfway to the south demarks the scenic easement. Case asked what the arrangements are for the scenic easement. Mike Gressor, property owner, said they want to clarify language that staff provided about the maintenance of the property. They want to be careful within the scenic easement that they have specific language to retain all the hardwood. They want to keep it in pristine condition, and that requires some forestry practices in order to keep it that way. They have a pervious surface trail for the neighborhood. Mr. Gressor said the City has asked that sewer and water be rehooked for his home. He thought it seems wasteful to abandon a working system. Case said he wanted to support this because there are ways we should keep the prairie oak savannah along the bluffs,but we also need a way to cut out buckthorn. He would like staff to work with the proponent to word this correctly to allow access to keep the scenic easement area healthy. Rosow replied the typical conservation easement states the area being preserved should be preserved in a natural condition. It covers all the issues raised by Mr. Case and provides a process for consulting with City staff on removing vegetation material. Case asked if there is a compelling reason for Mr. Gressor's sewer and water to remain hooked up as it is. Ellis said the services for Mr. Dresser come from the west to the east and cross another neighbor's property. We generally like to avoid those situations,but staff could look at the specific situation. Aho said we have called this both a scenic and a conservation easement and asked if the same rules apply to each type. Rosow said the document refers to a scenic/conservation easement. Nelson said there are beautiful oak trees that benefit the area, and she wanted that to be taken into account when discussing the sewer and water connection. She would like an answer on that issue before final reading. Mr. Gressor said the staffs concern is valid, and they are proposing to extend service to the property but not hook up until there is an issue. MOTION: Case moved, seconded by Aho, to close the public hearing; and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 23 acres; and to adopt Resolution No. 2012-144 for Preliminary Plat on 23 acres into 10 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES October 16, 2012 Page 11 X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, 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 A. APPROVE FIRST READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES Getschow said a resident approached the Council earlier this year to ask staff to do some research into storm water rates and classification. After taking a close look at the storm water classifications, staff is recommending that we classify townhomes and similar properties as single family residential. The change would result in a small impact on revenue to the storm water fund. Other items included changes to make the ordinance consistent and to provide clarification. MOTION: Nelson moved, seconded by Case, to approve first reading of the ordinance amending various portions of City Code Chapter 3 entitled "Municipal and Public Utilities-Rules and Regulations, Rates, Charges and Collections", City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor." Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Honeybees--Council Member Case Case said an individual came to the Open Forum this evening with the idea that honeybees should not be considered farm animals as that excludes them from residential neighborhoods. He noted many cities promote honeybees. He asked that staff take the issue through a commission process if that is appropriate. Nelson said she was okay with looking into it but would like to go on record as being in favor of what the current ordinance states. 2. Traffic Issue--Mayor Tyra-Lukens CITY COUNCIL MINUTES October 16, 2012 Page 12 Tyra-Lukens said there is an issue on Staring Lake Parkway when the Oak Pointe School kids get out. Traffic congestion in and out of the parking lot causes a dangerous situation. She asked staff to approach the School District and discuss it with them. Getschow said staff will do that. 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. Resolution No. 2012-145 Approving Purchase Agreement for Excess Right-of-Way Near Homeward Hills Road and Sunnybrook Road Ellis said there is excess right-of-way near Homeward Hills Road and Sunnybrook Road now that Homeward Hills Road and the trails have been built. There is a non-conforming structure on that corner, and the City has an interest in having the property improved. The Planning Commission approved the sale of the property on August 13. The property was advertised in the Eden Prairie News for a minimum bid of$13,000. We received one bid of $13,001. The purchaser intends to demolish the existing structure, and could then subdivide the two parcels into two single family lots. Tyra-Lukens asked if access to both lots would be off Sunnybrook Road. Ellis said the portion of the lot with the existing structure will come off Sunnybrook,but the far south part of the lot will go out onto Homeward Hills Road. Nelson said there is an S-curve to the south of this property that is very dark at night. With a driveway coming out on Homeward Hills Road, we would need streetlights on the S-curve, and there will be a cost to do that. Ellis said there will be an opportunity to require the developer to put that in as the process goes forward. Nelson noted we need to put the streetlight in anyway. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2012-145 approving purchase agreement for excess right-of-way near Homeward Hills Road and Sunnybrook Road. Motion carried 5-0. 2. Resolution No. 2012-146 Receiving Feasibility Report and Setting a Public Hearing for Eden Prairie Road Improvements South of Riley Creek Ellis said the item to receive a feasibility report and set a public hearing for Eden Prairie Road improvements goes back to 2001 when the City Council asked for a feasibility report for construction of the roadway. We had meetings with the neighborhood after that,but there was no interest in doing CITY COUNCIL MINUTES October 16, 2012 Page 13 the improvements. The Ridge at Riley Creek and other developments have raised a lot of interest from property owners on that road. They are eager to move forward. Staff prepared the feasibility report, and we are scheduling a series of neighborhood meetings about the improvements. There will be a public hearing on the improvements on November 20. Nelson asked who would pay for the $4,500,000 cost for the project. Ellis said most of it would be paid by the benefitting property owners. The City does have some property so we would pay our share of the project cost. The developments there have escrowed a portion of money to pay for future assessments so a lot of the money has already been collected. He thought the undeveloped properties will be the ones that will have the most comments. He noted the cost is very reasonable considering the scope of the project. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-146 to receive the feasibility report and to set a public hearing date for Eden Prairie Road improvements south of Riley Creek. 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 9:18 PM.