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City Council - 11/20/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 20, 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 A. DONATION OF SCULPTURE BY THE EDEN PRAIRIE MORNING ROTARY CLUB (Resolution No. 2012-148) Lotthammer said members of the Eden Prairie Morning Rotary Club approached staff about sponsoring a legacy project to fund and donate a sculpture for the front of the Community Center, an area that has been identified for some time as a location for public art. The action requested tonight would be to approve the design concept, accept the donation and enter into an agreement with the sculptor, James Gabbert. Cathy Haukedahl, representing the Morning Rotary Club, described the design of the sculpture. She noted the Rotary Club wanted to donate the piece as a mark of the club's commitment to Eden Prairie. She said there will also be an electronic bulletin board inside the entryway to the Community Center that will show events and opportunities for others to help the Rotary Club. Tyra-Lukens asked if the sculpture is surrounded by water. Ms Haukedahl said there is no water;however, it gives that illusion. Tyra-Lukens commented this is a beautiful piece and also a great first piece for our efforts to increase public art in the City. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution CITY COUNCIL MINUTES November 20, 2012 Page 2 No. 2012-148 to approve the design, accept the donation and authorize the Mayor and City Manager to enter into an agreement with James Gabbert to commission the sculpture of the Flying Bird and Grasses. Motion carried 5-0. B. RECOGNITION OF ANDREW SULLIVAN FOR HIS WORK ON THE LIQUID ASSETS VIDEO PROJECT Ellis said this is a recognition of Andrew Sullivan, a City employee, for his truly wonderful accomplishment in developing the documentary video, "Liquid Assets: Minnesota," that is being recognized by agencies at the local, state and national level. He noted Mr. Sullivan did most of the work on the video on his own time because of his passion for the project. Steve Olson and Don Demers, representing the American Society of Civil Engineers Minnesota, presented Mr. Sullivan with a plaque. Mr. Demers noted Mr. Sullivan's passion for developing a video about Minnesota's water infrastructure industry led him to raise grass roots support, do fundraising,promote the project and recruit volunteers. Representatives of the American Water Works Association--Minnesota Chapter, said this year their group decided to create an annual leadership award for an individual or group that demonstrates initiative in the drinking water industry. The first leadership award was given to Mr. Sullivan for his video project. In addition, they decided to name the award in honor of Mr. Sullivan. Nelson said she has watched the video and it is excellent. She was proud that Mr. Sullivan produced it, and it is a good thing for Eden Prairie. Tyra-Lukens said it is wonderful for Mr. Sullivan to be recognized in his field, both by receiving the award and by having it named after him. Tyra-Lukens congratulated Council Members Case and Aho on their recent election victories. She commended Council Member Case on his great concern for the residents of Eden Prairie and his strong commitment to the community and its history. She applauded Council Member Aho for providing the Council with a rich background in engineering and technology and for his leadership on transportation issues. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there are three additional items for the Consent Calendar, Items VIII R., S., and T. Tyra-Lukens added Item XIV.A.1. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2012 CITY COUNCIL MINUTES November 20, 2012 Page 3 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 16, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 16, 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. 32-2012 AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES AND ADOPT RESOLUTION NO. 2012-149 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION NO. 2012-150 AUTHORIZING EXECUTION OF THE CONSENT TO THE SUBORDINATE FINANINC FOR TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PACW EDEN PRAIRIE LLC TO PARK AT CITY WEST APARTMENTS LLC D. PROCLAMATION DECLARING NOVEMBER 24, 2012,AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STEVENS ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR RINK 2 CONVERSION PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ARENA SOLUTIONS TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE RINK 2 CONVERSION PROJECT G. APPROVE UPDATED PURCHASING POLICY H. APPROVE UPDATED TRAVEL POLICY I. APPROVE PROFESSIONAL SERVICES FOR 2012 DEER MANAGEMENT PROGRAM WITH WHITE BUFFALO, INC. J. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS (EDENVALE HIGHLANDS) CITY COUNCIL MINUTES November 20, 2012 Page 4 K. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND FIRST AMENDMENT REGARDING SPECIAL ASSESSMENTS (EDEN PRAIRIE WOODS) L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK FOR LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE M. AWARD CONTRACT FOR STUDY AREA 4 OF THE LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO AMES CONSTRUCTION N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE TOWN CENTER DRAINAGE STUDY UTILIZING A MET COUNCIL TOD GRANT O. AWARD CONTRACT FOR HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT TO MINGER CONSTRUCTION, INC. P. AWARD CONTRACT FOR RECOATING OF THE WATER TREATMENT PLANT SIDE 3 CLARIFIERS TO CHAMPION COATINGS INC. Q. APPROVE EXCLUSIVE BROKERAGE LISTING AGREEMENT WITH CUSHMAN WAKEFIELD R. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR SERVICE OF 911 DISPATCH CONSOLE SYSTEM S. BELLERIEVE by Mike Gresser. Second Reading of Ordinance 33-2012 for Zoning District Change from Rural to R1-13.5 Zoning District on 23 acres Location: 10170 Riverview Road. (Ordinance No. 33-2012 for Zoning District Change) T. ADOPT RESOLUTION NO. 2012-162 APPROVING FINAL PLAT OF BELLERIEVE MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-T on the Consent Calendar. Motion carried 5-0. IX . PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION NO. 2012-151 VACATING A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1 BLOCK 1 AND OUTLOT B EDEN BLUFF HIGHLANDS 2 Getschow said this is a housekeeping item related to the C. H. Robinson addition. There were no comments from the audience. CITY COUNCIL MINUTES November 20, 2012 Page 5 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-151 vacating a part of the drainage and utility easements lying over, under and across Lot 1, Block 1 and Outlot B, Eden Bluff Highlands 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2012-152 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD STREET AND UTILITY IMPROVEMENTS (SOUTH OF RILEY CREEK) Getschow said the action requested is to approve a resolution moving forward with preparing plans and specifications for the reconstruction of Eden Prairie Road. Official notice of this public hearing was published in the November 1 and 8, 2012, Eden Prairie News and sent to 49 property owners. Two neighborhood meetings were held in relation to the project. The City Council authorized a feasibility report in October 2001,but the project did not move forward at that time. Rod Rue, City Engineer, said the improvements contemplated include street reconstruction of Eden Prairie Road, a new creek crossing at Riley Creek, drainage improvements, a treatment pond and some sewer and water improvements. The project has a long history, and since 2001 there have been several meetings with the neighborhoods. He noted the Council action taken in 2001 was taken without petition so any further action would require a 4/5 majority vote of the City Council. He said several concerns were brought up at a neighborhood meeting in 2008. At that time we made the decision to defer the project until the demand for housing improved and the construction of Prospect Road was completed. Both of those concerns have been addressed this year. Rue described the proposed methods of assessment for the project costs. He said in December 2010 the City Council approved an agreement with MAC to pay their fair share of the improvements when they occur. Rue said the project has been divided into three segments: the north section from north of Riley Creek to north of Prospect Road; the center section from north of Prospect Road to just south of the Provo property; and the south section that has a steep and curving terrain and will either connect to Flying Cloud Drive or end in a cul-de-sac. At this point improvements are proposed for the north and center sections only. Rue said the estimated cost of the street improvements is about$3,600,000 of a total project cost of$4,500,000. He described the methods used for the proposed assessments of the north and center sections. The neighborhoods would be paying for the upgrade of Eden Prairie Road to be more of a collector road. The cost of the storm sewer improvements is based on the watershed area. He noted the bulk of the sanitary sewer and water improvements have already been built by projects in the area, but there will be some extensions along Eden Prairie Road to provide service to individual properties and to provide for development to the west. Rue said if the CITY COUNCIL MINUTES November 20, 2012 Page 6 project is approved we would go out for bids next spring with substantial completion by November 2013 and final completion in early summer 2014. He reviewed the proposed assessment roll and information on the proposed exceptions, deferrals and exclusions. Nelson said she assumed that the property on Beverly Drive will connect with Turnbull Drive at some point,but that doesn't seem to be anywhere near Eden Prairie Road. Ellis replied they looked closely at property out there and there appears to be right-of-way. When the feasibility report was done we weren't sure if that area would have access to Eden Prairie Road or Turnbull. The property to the west would come through the development process and, if the access turns out to be to Turnbull, it would be excluded from this assessment. Nelson said when Prospect Road was discussed there was talk of an alternate road that would link Eden Prairie Road to Spring Road. She was concerned that this layout doesn't show any of that potential link. Ellis said the Toll Brothers project built the connection of Prospect Road to Eden Prairie Road. Rue said we looked at alternatives for Eden Prairie Road on the south end when we did the EAW and analysis for Prospect Road. The discussion tonight is only for the north and center segments, and we would delay any improvements in the south segment. Aho asked if the model proposed for the assessments is a change from past methods of modeling for assessments so that we are now modeling on a frontage feet and a per unit rather than the number of feet on a particular roadway. Rue said the preliminary draft report in 2001 looked at doing an assessment spread over the entire area on a unit basis. However, as we began to look at that, it didn't seem to be fair to some of the parcels in the back to pay for an equal share of the road as those that front the road. Staff felt that some portion of the cost should be spread over the entire area, and they determined that the difference between the cost to build a 28- foot roadway and a 32-foot roadway plus the 600 feet of creek improvements would be part of the benefit to the entire neighborhood. Case said he understood the decision we are making tonight is not to determine the funding but rather to proceed with the preliminary study to redo this road. He thought anyone who has driven the road would realize we need to redo it,but funding is a very important issue. He was somewhat confused because he thought the utility fee fund was started in order to avoid the issue of assessments for road improvements. He was concerned that we are taking a segment of road in isolation and don't have a master plan to fund the improvement of entire road. He was concerned about the precedent we might be setting in making assessments for unimproved roads. He thought we need to vote to proceed with the project tonight, but should also have some intensive discussion on what the master plan will be. Ellis noted the utility franchise fees are collected to do the reconstruction of streets once they have been developed. Eden Prairie Road is mostly property that will be redeveloped. Property developers along the road were required to help fund the road project. Case asked if this is considered a first time build as there are other roads in the City that are considered major collectors but may not have curb and gutter. He did not think of this road as a major collector. Ellis said the road will be CITY COUNCIL MINUTES November 20, 2012 Page 7 32 feet wide with limited access. There will be a trail on one side and a sidewalk on the other. At this point we don't have the information necessary to make the decision on extending the road to the south. We plan to do an in-depth study of that segment,but the road we are building today will allow for a connection to Flying Cloud Drive or for the road to end in a cul-de-sac. We see a connection to Flying Cloud Drive as being largely a City cost;but if it cul-de-sacs, it is only a neighborhood street. We will make that decision at a later date after doing traffic analysis and holding neighborhood meetings. Maria Moreno, 9787 Sky Lane, said she was speaking for the neighborhood at The Woods at Riley Creek. When they attended the neighborhood meetings they felt there really was no planning for this project. There was no clear answer about what MAC's assessment would be and no answer to the question of why MAC is building commercial property on their land without being taxed at the residential level. They asked to see a design of the project but were not provided with a plan. She said the whole neighborhood does not want Eden Prairie Road to end in a cul- de-sac as closing that access would be detrimental to the traffic levels. There has been a tremendous increase in the number of residential homes and in the traffic levels in the area. Prospect Road will be the only viable street for access to their neighborhood when Eden Prairie Road is closed. Buses and cars have been delayed with the construction traffic going on in that area. She asked that Prospect Road have speed limits on it and no parking signs while Eden Prairie Road is closed. It would also be good to coordinate the plans for ball fields or parks so those could be built at the same time the road is closed to help reduce construction traffic issues. She said the Planning Commission should determine who is responsible for wear and tear of the roads. A portion of the creek is a natural resource and the DNR was not involved in the planning. The Woods at Riley Creek has put money into escrow for the road, but they think the Planning Commission needs to go back and consider all the neighborhood concerns. Tyra-Lukens asked staff to address the concerns about MAC's share of the costs. Ellis said MAC has a number of parcels, and we calculated they could put 24 units on their property. That means they would be responsible for about$587,000 of the costs. Those costs are higher than the average across the area, so he thought they will be paying their fair share. As a municipality we can't impose an assessment on MAC, but we can enter into an agreement with them. The preliminary agreement we made with them did not have an amount stipulated,but they have committed to their fair share. Tyra-Lukens clarified that residents will not receive a bill now. This process is a rough estimate of the costs and how we possibly can allocate the costs. Tyra-Lukens asked that the concerns about construction traffic and safety be addressed. Rue responded throughout the years at the neighborhood meetings one of the key issues was to get Prospect Road built before the Eden Prairie Road improvements were done. One of the things we anticipated was the closing of Eden Prairie Road when we built a creek crossing. At that point the traffic would be routed onto Prospect Road. Tyra-Lukens asked about the wear and tear on roads from the construction traffic. Rue said that is inherent to an area that is being CITY COUNCIL MINUTES November 20, 2012 Page 8 developed. The road structure is designed to accommodate the loads from construction traffic. We try to control that traffic as much as possible through our development agreements. Dan Blake, representing The Pemtom Land Company, noted he sent a letter with his comments. A couple of their parcels have gone through the City process. They intend to wait on those until Eden Prairie Road is done because of a potentially better market. There are a lot of collector roads near their properties because of their location. Under the current proposal his properties will have little benefit but will have large assessments. Rue said Mr. Blake is discussing two of the extreme examples in the project. We plan to tweak those extreme cases in the future. There are different shaped parcels in the area with different amounts of frontage. Tyra-Lukens asked if the kind of situation Mr. Blake brought up is what we would be looking at over the next two years before a final assessment is made. Rue said we could bring back options for a unit assessment and for something that would be tweaked. Chris Burn said he owns Parcel 10 and did not see how a collector road benefits his property. He asked why more of the cost isn't being taken over by more of the other properties. He asked if the speed limit would change on Eden Prairie Road. Rue said we would likely design it at 30 mph. Chris Kline said he owns Parcel 5 and thought we need to figure out before 2014 what the assessment will be. He asked why the road is so expensive and why there is a 9% administrative fee in the estimated costs. We should determine if the road is going to go out to Flying Cloud Drive and that would make a difference in the assessments. We need some kind of a plan before we just approve plans for 3/4 of the road. Deb Peterson said she lives off Turnbull Road. She felt that Eden Prairie Road is a collector road, and in that case we could get state aid for it. She thought the whole project should be looked at all together. She also questioned why the construction road on the MAC property could not be opened. Rue replied we have not approached the Watershed District about a grant for the creek crossing. The other funding source is state aid money, and this road is eligible for state aid; however, we would probably need state aid for the south end as there are very few properties in that section. State aid would be available for the whole project but we would have to pay it back if the road is made into a cul-de-sac. Case asked what percentage of the total project could be state aid. Rue said we used state aid funds to build the interchange at Shady Oak Road, and it will take several years to pay that off. Case asked if any state aid funds are available for this project. Rue said we have a huge demand for state aid funds and the next couple of years of funds will be used for the Shady Oak construction. Nelson asked what the condition of Eden Prairie Road is and if it is considered a safe road. Ellis said the pavement condition is very poor, and it is borderline safe. It CITY COUNCIL MINUTES November 20, 2012 Page 9 wasn't designed to carry the amount of traffic it has with the new development and the construction traffic. This project would correct the safety issues. Nelson said she has a little trouble with this being a neighborhood road. With all the varying amounts to be assessed on properties she still has problems with why this road is so different from other 30 mph collector roads in the City. It is a large assessment for the larger properties even if they will be developed. To her it feels like we are not quite ready to proceed with this project. Jeff Schoenwetter, 9750 Sky Lane, said we don't need to do this project. the road needs an overlay, and we need to maintain the connectivity and not cul-de-sac the road. The City needs to revisit the details of the assessment allocation. He did not like that we would agree to spend $4,000,000 without knowing how it will be paid for. He thought the fair share concept is very important to the discussion. He distributed a memo that listed three of his concerns. He pointed out four errors in the information about The Woods at Riley Creek. He said The Meadows will have $333,000 in assessments,but all the water is retained on the property. He was concerned if Eden Prairie Road is going to be a collector or a semi-collector because that is different than a neighborhood street. He was not sure there shouldn't be greater City participation in the cost. He thought MAC should be expected to pay their fair share of the assessments. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case said, in general,he thought the road should not just be overlaid. He read the resolution proposed for action tonight, noting we will order the beginning of the process of planning in accordance with our local government process. Getschow said staff is saying they have done an analysis of the project and have come forward with a potential plan to pay for it. No plans and specifications for the project are completed yet, and the assessment roll has not been finalized. It is important to get a feel for how to go forward with the assessment roll. This is an action to say we want to move ahead with the information we have. Case said we have heard a lot of concerns about the project tonight. We need to really shore up how we are going to fund this fairly. He was not sure he was comfortable with a lot of the information tonight. He suggested the Council schedule a workshop to work through some of the issues. Nelson asked if the cost for this road is typical. Rue said this is probably a more expensive project than most, primarily because the creek crossing is very expensive. There is a lot of soil correction and some creek realignment needed. Aho thought the issue of safety is critical, and we need to do something to the road soon. We do not want this to be a cul-de-sac. He would like to see a complete plan of what the connection at the south end would be before we just go ahead to approve the plans. We should move forward with doing something,but get a better plan and figure out how to fund this in a fair and equitable manner for everyone. CITY COUNCIL MINUTES November 20, 2012 Page 10 MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2012-152 ordering improvements and preparation of plans and specifications for Eden Prairie Road south of Riley Creek Street and utility improvements. Motion carried 5-0. C. PERRY RYAN by Perry Ryan. Request for: Sloped Ground Review on 1.1 acres. Location: 10197 Eden Prairie Road. Getschow said official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 11 property owners. The Planning Commission recommended approval of the project at the October 22, 2012 meeting on a 5-0-1 vote. Perry Ryan, 10197 Eden Prairie Road, said he currently has no driveway access to his property. He would be grading in an area with a 10-12 foot elevation difference. He would work with Mr. Rue and would limit the tree disturbance. Tyra-Lukens said it seems like we looked at this some years back and asked how this project is different. Mr. Ryan said he worked with the Engineering Department to improve the sight lines and is only asking for access to the property, not zoning for a single family home. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public meeting and to approve and authorize issuance of a Land Alteration Permit to Perry Ryan for property at 10197 Eden Prairie Road subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 20, 2012, as approved by the City Council. Case said the sight lines are a concern but,because this is an agricultural use,he believes Mr. Perry deserves access to it. VOTE ON THE MOTION: Motion carried 5-0. D. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment 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 No. 2012-153 for PUD Concept Review) Getschow said this item was continued from the previous City Council meeting. It is a request for expansion of the garden area and the addition of a truck rental facility. The item was continued due to concerns about screening of the truck rental area and other issues brought forward by residents in the area. He noted the proponent has relocated the truck rental area behind the garden area and has addressed some of the noise issues. CITY COUNCIL MINUTES November 20, 2012 Page 11 Dave Barrows, representing Greenberg Farrow, said their garden center is very successful in the spring, and the area devoted to it when they built the store was not large enough. He noted they have addressed the neighborhood issues and have turned off the loud speaker on the outside of the store. With regard to the Penske truck rental area, he said they don't plan to have many trucks on the lot because they want them rented out. After hearing the concerns at the last meeting they decided to move the truck rental to the garden center side of the building. Case said he visited with neighbors on the north and west sides, and they were still concerned with activity that occurs behind the store during the night time at 2:00 and 3:00 AM. He asked if there are things going on at night that could be done during the day. Mr. Barrows said the Store Manager is also here tonight to hear the concerns. Case said he would like to hear there is a sensitivity that there are residents within 200-300 feet of the store. Mr. Barrows said they respect the concerns of the neighbors, and the Store Manager is hearing the concerns tonight. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2012-153 for Planned Unit Development Concept Review on 13.16 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-Reg-Sery Zoning District on 13.16 acres; 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 Home Depot Garden Center Expansion/Truck Rental project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 16, 2012, as approved by the City Council. Motion carried 5-0. E. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Request for: Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Amendment on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres and Site Plan Review on 58.29 acres. Location: 6385 Beach Road. (Resolution No. 2012-154 for PUD Concept Review) Getschow said this project is an amendment to the 1987 Planned Unit Development. The amendment is for a residence hall with three future phases and administration offices. A waiver is required for changing the building height from 30 feet to 42 feet. Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 45 property owners. The Planning Commission voted 5-0 to recommend approval of the project. Kelly Grissman, Director of Planning at Three Rivers Park District, said the City required the school to obtain a secondary emergency route through Park District property when the school was originally developed. At this point Three Rivers Park District would like to see the access road go away and go back to being open space. CITY COUNCIL MINUTES November 20, 2012 Page 12 They met with the Assistant Fire Chief and he indicated the road would not meet the minimum requirements for an access road. Ellis said he discussed the issue with the Fire Chief and there is no need for the access now. Case asked if legal action is required for this to go away. Jeremiah said it could be done as a modified development agreement when we come back for second reading. Rosow said he did not believe it was opened as a public road so no vacation would be necessary,but staff will check to be sure. Tyra-Lukens asked how many residents are anticipated in the building. The proponent replied there will be 35. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-154 for Planned Unit Development Concept Review on 58.29 acres; to approve 1 st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public Zoning District on 58.29 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions that there is no longer a need for the secondary access road. Motion carried 5-0. F. SCHUSSLER BARN by Steven Schussler. Request for: Planned Unit Development Concept Review on 2.68 acres, Planned Unit Development District Review with waivers on 2.68 acres, Zoning District Amendment within the Rural Zoning District on 2.68 acres, Heritage Preservation Site Designation, Site Plan Review on 2.68 acres and Conditional Use Permit. Location: 14150 Pioneer Trail. (Resolution No. 2012-155 for PUD Concept Review) Getschow said Mr. Schussler wants to adapt the barn to be used as an event center and build a 432 square foot accessory structure. This requires the property to be designated as a Heritage Preservation Site and requires a Conditional Use Permit. The Planning Commission voted 6-0 to recommend approval of the PUD, zoning amendment and conditional use permit at the October 22, 2012 meeting. Rob Erickson,representing Mr. Schussler, said they want to obtain the rights to become an event center. They want to add an elevator, to make the building handicapped accessible, and to build a shed to the north of the barn to accommodate maintenance equipment. Mr. Schussler has an agreement with Elliott Aviation and Grace Church regarding valet parking for events. He commended City staff for the help they have given during the long process of getting approvals. Tyra-Lukens asked what the maximum capacity will be for the center. Steve Schussler replied it will be 299. Basil Wissner, 8293 Mitchell Road, asked if there will be access for a handicapped bus and spots for handicapped parking. Mr. Erickson said there will be access for a handicapped van. They brought in a large bus to make sure they were able to drive around the building. CITY COUNCIL MINUTES November 20, 2012 Page 13 Case thanked Mr. Schussler for saving this historic barn and for his investment in the community. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2012-155 for Planned Unit Development Concept Review on 2.36 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.36 acres; and to adopt 1st reading of an ordinance to designate the Goodrich-Ramus Barn as a Heritage Preservation Site. Nelson asked if there will still be room for the cows with the parking plans. Mr. Erickson said they expect the animals to be preserved. Butcher Wickstrom thanked Mr. Schlusser for his perseverance on getting the historical preservation designation. She commented this is a wonderful and creative adaptive reuse that incorporates art,historic preservation and safety. It will be a true asset in the community. VOTE ON THE MOTION: Motion carried 5-0. G. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request for: Planned Unit Development Concept Review on 0.76 acres, Planned Unit Development District Review on 0.76 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres and Preliminary Plat of 0.76 acres. Location: 9567 Sky Lane. (Resolution No. 2012-156 for PUD Concept Review; Resolution No. 2012-157 for Preliminary Plat) Getschow said The Ridge at Riley Creek 5th Addition was given preliminary approval for five single family lots at the February 21, 2012 City Council meeting. JMS Custom Homes has modified their plan to not include property at 9667 and 9687 Sky Lane. The revised proposal is to re-plat one lot into two lots. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2012-156 for Planned Unit Development Concept Review on 0.76 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres; to adopt Resolution no. 2012-157 for Preliminary Plat on 0.76 acres into two lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said in the original proposal the lots were stacked and that would not have made sense; whereas this plan does make sense. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES November 20, 2012 Page 14 X. PAYMENT OF CLAIMS MOTION: Case 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. SCHUSSLER BARN by Steven Schussler. Request for: Second Reading of Ordinance 34-2012 for Heritage Preservation Site Designation, Second Reading of Ordinance 35-2012-PUD-13-2012 for Planned Unit Development Planned Unit Development District Review with waivers on 2.68 acres and Zoning District Amendment within the Rural Zoning District on 2.68 acres, Site Plan Review on 2.68 acres and Conditional Use Permit on 2.68 acres. Location: 14150 Pioneer Trail. (Ordinance No. 34-2012 for Heritage Preservation Site Designation, Ordinance No. 35-2012-PUD-13-2012 for PUD District Review with waivers and Zoning District Amendment in the Rural Zoning, Resolution No. 2012- 158 for Site Plan Review, Resolution 2012-159 for Conditional Use Permit) Getschow said this is the second reading of the Schlusser Barn project. MOTION: Butcher Wickstrom moved, seconded by Case, to approve 2nd reading of Ordinance No. 34-2012 for PUD District Review and Zoning District Amendment in the Rural Zoning District; to approve 2nd reading of Ordinance No. 35-2012 for Heritage Preservation Site Designation; to adopt Resolution No. 2012- 158 for Site Plan Review; and to adopt Resolution 2012-159 for Conditional Use Permit. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE Getschow said John Miller, Supervalu,has agreed to replace Patrick Bernal on the Southwest LRT Community Advisory Committee (CAC). Mr. Bernal recently retired from Supervalu and moved to Florida. MOTION: Nelson moved, seconded by Aho, to appoint John Miller as a 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. Website Award--Mayor Tyra-Lukens CITY COUNCIL MINUTES November 20, 2012 Page 15 Tyra-Lukens said the redesigned City website has won a website award from MarCom in the government category. We also won a Digital Cities award. Getschow said we placed first in the Digital Cities award last year, and this year we placed eighth or ninth. That award will be given to us at the National League of Cities conference next week. B. REPORT OF CITY MANAGER 1. Resolution No. 2012-160 Authorizing Issuance of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C for Shady Oak Road North Project Getschow said Paul Donna, Northwest Securities, will present information on the issuance of General Obligation bonds for the Shady Oak Road project. Mr. Donna said part of the process for the bonds is to seek a credit rating from Moody's. The City's rating continues to be AAA. The report mentions the City's tax base and strong financial operations with reserve levels as needed. Tyra-Lukens asked Mr. Donna what his experience has been as to the bond ratings of other Minnesota cities. Mr. Donna said they have seen very few declines in ratings. Minnesota cities have always been very well managed when compared to cities across the country. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2012- 160 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C. Motion carried 5-0. 2. Resolution No. 2012-161 to Submit Comments on the Southwest LRT Draft Environmental Impact Statement (DEIS) Getschow said we have been involved with the Southwest LRT and are now at the phase where a lot is happening. The DEIS for the entire line was released. For a 60-day time period anyone can comment on the document. There were three public meetings scheduled on the DEIS, and the third one will be held Thursday, November 29, the Eden Prairie Council Chamber. He reviewed the proposed comments and said the action requested tonight is to endorse and submit the comments on the DEIS. Tyra-Lukens said the comments are contained in a seven page letter with some tweaks to be made regarding the parking issues. She noted these are the City's comments,but anyone can go to the website and make comments on the DEIS. CITY COUNCIL MINUTES November 20, 2012 Page 16 MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2012-161 to submit comments on the Southwest Light Rail Transit Draft Environmental Impact Statement. Motion carried 5-0. 3. Appoint Prosecuting Attorney Getschow said we are at the end of a three-year contract with our prosecuting attorney. Staff went out for proposals for the service and received proposals from five firms. Staff narrowed that down to two proposals and are now recommending the appointment of Gregerson, Rosow, Johnson & Nilan. That law firm currently performs civil services for the City, and we see a benefit from the crossover between the civil and criminal services. We would work with them to identify a prosecutor who would then be dedicated to the City at all times. He noted all the proposals received were very close in cost. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the appointment of and enter into an agreement with Gregerson, Rosow, Johnson & Nilan to provide Prosecuting Attorney Services. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Management of Nuisance Drainage Issues on Private Property Ellis said staff plans to bring forward at a later meeting a policy about how to deal with drainage, particularly when it is coming from one private property to another private property. The policy would define the City's role and responsibility in such issues. Tyra-Lukens asked if staff will be creating the policy. Ellis said staff is reviewing policies used by other cities and should have something to bring forward in December or January. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL MINUTES November 20, 2012 Page 17 MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 10:00 PM.