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City Council - 07/16/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 16, 2013 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 Rick 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Following the open podium invitation, Mayor Tyra-Lukens acknowledged the recent passing of Nina Mackay, a very active member of the community. She extended sympathy to Nina's husband and family members on behalf of the Council Members. IV. PROCLAMATIONS/PRESENTATIONS A. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARD OF EXCELLENCE FOR EDIBLE PLAYGROUND Lotthammer said last year we implemented the first edible playground in our City. The project is located at Prairie View School Park and was funded by a donation from an anonymous donor and a New Initiatives grant from the Minnesota Recreation and Parks Association (MRPA). This year we continued the program at Prairie View School and expanded it to include the Outdoor Center. He said City staff members Nicole Weedman and Beth Witt gave talks about the project at the MRPA state conference. The project is now being considered as a best practice for similar projects. Because of our great partnership effort with the Eden Prairie School District, Eden Prairie was selected to receive the MRPA Award of Excellence. Aimee Peterson, representing the MRPA, presented the award and gave an overview of the MRPA. MOTION: Aho moved, seconded by Nelson, to accept the Minnesota Recreation and Parks Association Award of Excellence for the Prairie View Edible Playground CITY COUNCIL MINUTES July 16, 2013 Page 2 project and recognize the generous contributions from the Minnesota Recreation and Parks Foundation New Initiatives Grant and the very generous donation from an anonymous donor. Motion carried 5-0. B. DONATIONS TO THE 4TH OF JULY HOMETOWN CELEBRATION (Resolution No. 2013-58) Lotthammer said we want to recognize those who gave money and in-kind donations for the 4th of July event. He also recognized the efforts of service groups that played a big part in increasing the quality of this year's event. Tyra-Lukens noted it was a wonderful event and thanked staff and volunteers for the success of the event. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2013-58 accepting in-kind donations ($1,612) and monetary contributions ($2,975) for the 4 th of July Hometown Celebration. Motion carried 5-0. C. DONATIONS FOR SAFETY CAMP (Resolution No. 2013-59) Lotthammer said we receive in-kind and monetary donations for the annual Safety Camp for 3rd graders. The camp is coordinated through the Police Department, Fire Department and the Parks and Recreation Department. He expressed appreciation for the efforts of the service groups that had a big part in making a high quality event this year. City staff member Nicole Weedman gave a video presentation of this year's two-day camp event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2013-59 accepting financial contributions ($5,750) and in-kind donations for the annual Safety Camp. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Nelson added Item XIV.A.2. Tyra-Lukens added Item XIV.A.3. Ellis added Item XIV.E.1. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 18, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, June 18, 2013, as published. Motion carried 3- 0-2, with Case and Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 18, 2013 CITY COUNCIL MINUTES July 16, 2013 Page 3 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 18, 2013, as published. Motion carried 3-0-2, with Case and Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT FOR UTILITY RATE STUDY FOR WATER, SEWER,AND STORM DRAINAGE UTILITIES to ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES INC. (AE2S) C. AWARD CONTRACT FOR 2013 BUILDING ENVELOPE RESTORATION TO RESTORATION SYSTEMS, INC. D. APPROVE DISPOSAL OF SURPLUS PROPERTY E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN SERVICES FOR STREET AND UTILITY IMPROVEMENTS TO EDEN PRAIRIE ROAD F. APPROVE PURCHASE OF A ROAD AND WEATHER INFORMATION SYSTEM FROM VAISALA INC. G. APPROVE PURCHASE OF 2013 NEW WAY 8 REFUSE PACKER FROM KOENIG & SON EQUIPMENT, INC. MOTION: Nelson moved, seconded by Case, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. LSS DATA SYSTEMS by LSS Data Systems. Request for Planned Unit Development Concept Review on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Amendment in the Office Zoning District on 1.6 acres and Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2013-60 for PUD Concept Review) Getschow said the City is the proponent for this project which is a relocation of parking stalls on the LSS Data Systems site that was required as part of the road improvement project at Shady Oak Road and City West Parkway. The project requires PUD waivers for side yard parking setback on the west side and front yard parking setback on the north. He noted there is an item later in the agenda for second reading of the ordinance that will require unanimous approval of the Council in order to pass. CITY COUNCIL MINUTES July 16, 2013 Page 4 There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2013-60 for Planned Unit Development Concept Review on 1.6 acres; and to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers, and zoning district amendment in the Office Zoning District on 1.6 acres. Motion carried 5-0. B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Request for Planned Unit Development District Review on .84 acres, Zoning District Amendment in the Commercial Regional Service Zoning District on .84 acres and Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2013-61 for PUD Concept Review) Getschow said this project is in the location of the former Kentucky Fried Chicken and is an exterior remodel of the existing building. The Planning Commission voted 6-0 to recommend approval of the project at the June 24, 2013 meeting. Dan Hendrickson, project architect, said they plan to do an exterior face lift and interior remodeling. He showed photos of the proposed facility. Case noted this project is not expanding the footprint and asked what criteria a project must meet in order to go through a municipal review. Jeremiah replied major changes to the exterior of a building that includes a change to the roofline require a site plan and architectural review and would go through the Planning Commission. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2013-61 for Planned Unit Development Concept Amendment on 0.84 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review and Zoning District amendment within the Commercial Regional Services Zoning District on 0.84 acres; and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and Council conditions. Motion carried 5-0. C. REEDER RIDGE by Pulte Homes of MN LLC. Request for Planned Unit Development Concept Review on 78.56 acres, Planned Unit Development District Review with waivers on 78.56 acres, Zoning District Change from Rural to R1- 13.5 on 78.56 acres and Preliminary Plat of 78.56 acres into 104 lots, 4 out lots and road right of way. Location: 9990 Eden Prairie Road. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution No. 2013-62 for PUD Concept Review; Resolution 2013-63 for Preliminary Plat) Getschow said this project is the subdivision of 78.56 acres into 103 single family lots and 4 outlots. The proposed lots meet the lot size and setback requirements. CITY COUNCIL MINUTES July 16, 2013 Page 5 Waivers are requested for street frontage and cul-de-sac length. The waivers are justified by the dedication of the conservation easement areas over the wetlands and burial mounds and the dedication of Outlot C to protect trees and vegetation along the bluff. The preliminary plat shows four outlots. Outlot A will be privately owned by the homeowners association. Outlot B is being reserved for possible future right of way for the realignment of Eden Prairie Road. Outlot C is proposed to be dedicated to the City to protect the bluff. Outlot D is a conservation easement for the protection of a wetland buffer and is proposed to be dedicated to the City. The Planning Commission voted 5-2 to recommend approval of the project at the June 24, 2013 meeting with several conditions. He noted the memo to the Council dated July 16 from Ms Jeremiah that addressed concerns expressed by the residents. He said new plans for the project were submitted on July 15. Ian Peterson, Vice President of Pulte Homes, reviewed the proposal. He noted one lot will be a community pool and pool house, and the Homeowners' Association will be professionally managed. He said they are in agreement with the staff recommendations. Greg Peterson, 10011 Dell Road, said his property is adjacent to the project. He was shocked when he first heard about the project. He thanked staff and the developer for their response to his concerns at his meetings with them. He noted Ian Peterson came out to their home and addressed all their concerns. As a result of the changes made by proponent, he approved of the project. MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2013-62 for Planned Unit Development Concept Review on 78.56 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District change from Rural to R1-13.5 Zoning District on 78.56 acres; to adopt Resolution 2013-63 for Preliminary Plat on 78.56 acres into 104 lots, 4 outlots and road right-of-way; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Nelson noted there are rain gardens in three of the cul-de-sacs that she believed are required for environmental purposes. She was concerned that there is enough room for fire trucks to turn around in the cul-de-sacs because of the extra room needed for the rain gardens. Jeremiah replied the project has been through the review process, but she could have staff check to be sure school buses and fire trucks are able to get through. Nelson said she would like that checked before final reading. Case said he took a tour of the project, and it is a stunningly beautiful spot with amazing views. There are also some of the most incredible intact heritage mounds in the City on this property. He was thrilled about the preservation of the mounds and the trees, and preservation of the bluff is something the City Council has prioritized for many years. He noted it will be important for the City to continue to preserve the borders. Butcher Wickstrom was pleased with the way the process came through and that the developer was willing to collaborate and make changes to make the neighbors CITY COUNCIL MINUTES July 16, 2013 Page 6 happy. She noted the property is a magical place. She loved the fact we are keeping the traditions and preserving something very special. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, 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. LSS DATA SYSTEMS by LSS Data Systems. Second Reading of Ordinance 11- 2013-PUD-4-2013 for Planned Unit Development District Review with waivers on 1.6 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution 2013-64 for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance No. 11-2013-PUD-4-2013 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2013-64 for Site Plan Review) Getschow said this is final approval of the plans for the relocation of parking stalls on the LSS Data Systems site. Approval will require a unanimous vote of the Council Members. MOTION: Case moved, seconded by Nelson, to approve 2nd reading of Ordinance No. 11-2013-PUD-4-2013 for Planned Unit Development district review with waivers and Zoning District amendment in the Office Zoning District on 1.6 acres, and to adopt Resolution No. 2013-64 approving site plan review on 1.6 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Progress Report--Council Member Case Case said his understanding is that staff has completed about 80% of the project to secure our borders and find areas where people have encroached on City property. In that process several difficult exceptions have come to light that were made through the years. He would like to get a report from staff about how the project is going and including a couple of examples that were somewhat weird describing how we dealt with those. CITY COUNCIL MINUTES July 16, 2013 Page 7 Aho said he would support Council Member Case's request because he has been concerned about a few issues with some areas of properties. He was concerned about where we draw the line and how we separate a property where it is okay to make an exception. Nelson said she would also like to see what we are doing with some of the outlots the City owns on non-park property. Lotthammer said staff could do that report. He noted we have completed checking 1475 of the properties, and have about 600 left to go. He said having Council support on this is very important because staff is finding areas where one in three people have been trespassing. We have added more properties and are also finding that about 25% of the people who are asked to stop violating have not stopped. He thought we may have to go back through the City on an ongoing basis. That task will be easier now that we have GPS data for the locations of these properties. 2. Public Studies on Redevelopment for the LRT and Proposed Electrical Lines on Hwy 5--Council Member Nelson Nelson said there will be public study of potential redevelopment in the Major Center Area as a result of the LRT project. There will be four sessions that will be held every other Wednesday from 6:30 to 8:30 PM. She asked people who are interested in this issue to attend the sessions. Nelson asked if there is any way we can help discourage putting power lines on both sides of Hwy 5. Ellis said we have just sent another letter protesting the fact they want to go overhead with the distribution lines. The Department of Commerce is reviewing the proposal, and he thought they also support that the lines should be underground. We won't know the outcome until mid- September, but there is a good chance they will be placed underground. We have worked with the neighborhood and helped them craft a good message to the Public Utilities Commission and the Administrative Law judge asking to put the lines underground. Nelson said this affects the whole City as Hwy 5 is one of the major roads through the City. Getschow noted the transmission distribution discussion started about three years ago. We had concerns at one point with routes going through residential areas and the placement of large poles on lot lines in those areas. The new Hwy 5 alternative came up in the last six months. He noted we have had conversations with Chanhassen and he believed we are on the same page in terms of placing the lines underground. 3. Report on Trash Cans Beim Left Out and LRT Proximity to Southwest Station Condos--Mayor Tyra-Lukens Tyra-Lukens noted the Star/Tribune recently did an article about trash cans being left out too long. She asked for a report from staff if that is an issue in CITY COUNCIL MINUTES July 16, 2013 Page 8 Eden Prairie. Getschow said his understanding is that we have code regarding the screening, and we have sent letters out about this. He said staff will follow up on the issue. Tyra-Lukens said an open house held two weeks ago for the LRT was not very well attended. Information about the open house was hard to find, and the transitway web site didn't have any information on the meeting. There were a couple of comments made about the close proximity of the LRT line to the Southwest Crossing apartments. She wanted people to understand it was not the Council's idea to have the LRT in Eden Prairie;rather, it is a proposal from the Hennepin County Board of Commissioners who believe it is something that would be good for the whole transportation system in the metropolitan area. The City got involved so we could protect our interests as a community,but we are not making the decision on whether it will happen. She said things are coming together, and there will soon be somewhat final numbers for the cost of the different alternatives and their impact on other communities. She noted Council Member Nelson has agreed to attend the next meeting in her absence. Ellis said staff has been working with the Metropolitan Council about the alignment of the 4.5 miles of track and stations in Eden Prairie. There are a lot of agencies involved in the planning process. The Draft Environmental Impact Statement identified 25 key technical issues. He reviewed the technical issues that pertain to Eden Prairie. He said they expect to send out municipal consent plans sometime in the third quarter and hope to get approved plans back in the fourth quarter. Construction is expected to begin in 2015 and continue through 2017. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Amendment to Extend Lease with Puresrace LLC for the Smith- Douslas-More Property (8107 Eden Prairie Road—Dunn Bros. Coffee) Jeremiah said Puregrace LLC has requested an extension of their lease at the Smith-Douglas-More property. Although their lease doesn't expire until 2017, Puregrace plans to make capital improvements and wants to be sure there will be adequate time for payback of the improvements. She said the gross rent is $34,000. We get 6% of sales over$450,000 per year. They have seen substantial growth in sales after the parking lot improvements were completed, and we received $6,000 above the base rent in 2012. The amendment would extend the lease term through 2021. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve an amendment to extend the lease between the City of Eden Prairie and Puregrace LLC at the Smith-Douglas-More Property located at 8107 Eden Prairie Road (Dunn Bros. coffee store). CITY COUNCIL MINUTES July 16, 2013 Page 9 Case noted this is such a gathering place for the community and has turned out to be a win/win situation. VOTE ON THE MOTION: Motion carried 5-0. 2. Resolution No. 2013-65 Approving Nine Mile Creek Watershed District —Development Agreement Extension Jeremiah said the Nine Mile Creek Watershed District is requesting a 24- month extension to their developer's agreement. The property is located at 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2013-65 granting a 24-month extension to Developer's Agreement between Nine Mile Creek Watershed District and the City of Eden Prairie. Motion carried 4-1-0, with Aho opposed. 3. Telecommunication Ground Equipment Screening Jeremiah said a resident expressed concerned about the visual appearance of cell tower equipment near the intersection of Cherokee Trail and Old Shady Oak Road. Staff looked at our screening requirements, what other cities have done, and where we may want to go with the issue. There are only four of these cell towers in the public right-of-way. The City ordinance requires screening on private property but not when equipment is in the right-of- way. She asked if the Council would like staff to propose an ordinance amendment for Planning Commission and Council review. She noted we would not be able to screen everything that exists out there today; however, if anyone comes in for other locations or for additional equipment, we would be able to require screening on that. Case said he thought at the last meeting Mr. Rosow said our ordinance did apply and that we did not differentiate between public and private. Rosow replied he read the ordinance very quickly that night and did not catch the difference between the two. He said locations in the public right of way do not require a permit. Case asked if the permitting process is the distinction. Rosow said we do not have a tool to enforce it. Case commented we do have rights as a City to have certain controls of what goes into the right-of- way. Rosow said within the right-of-way there are utility easements dedicated in plats, and the public utilities have rights to go within those areas. The extent of our control is more limited in those instances. He said we do have public safety controls for sight distances and obstructions. Case said he was not sure there is not a safety issue with all the exposed wires. Aho noted the exposed wires are low voltage, and, while it would be detrimental to operations if they were cut, it should not be a safety issue. Case asked if the four existing locations would be grandfathered in if we change the ordinance now. Rosow said we want to explore with staff CITY COUNCIL MINUTES July 16, 2013 Page 10 opportunities to put changes somewhere other than in the zoning code where it would be subject to grandfathering conditions. Case thought we should be able to find a way to control eyesores that are on our property. Rosow said it is important to make a distinction between our property and property that we hold in trust by virtue of a plat. The easement areas are held in trust for the benefit of the public, and the utilities have the right to be there. Case noted we have some control through ordinances governing the height of the pole. Rosow said that is a public safety issue. We will be looking into the issue further. Case said he would still like to see us explore the safety angle of this issue. He would also like the ordinance to be made as strong as possible. MOTION: Nelson moved, seconded by Case, to direct staff to prepare a code amendment for review and discussion with the Planning Commission. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Garden Plot Lease Agreement with Metropolitan Airports Commission Lotthammer said this item relates to one of our two community gardens located east of the SuperAmerica on Pioneer Trail. The garden is leased to us by MAC. MAC will only renew the lease for the year 2013. Staff is checking to see if there are other locations that could be developed. The action tonight is to extend the lease to get through the current garden season. We plan to have more discussions with MAC about possibly continuing it on a year-by-year basis. Tyra-Lukens asked if the revenue we get from the gardeners cover the rent. Lotthammer said the lease amount is $420 and we get up to $100 per plot, so revenue more than covers it. Aho asked if we have identified a spot to relocate if we don't get the renewal for next year. Lotthammer said there is a location at Lake Riley; however, that location would require a lot of work on the soils. A garden location needs to have a level footprint with good parking and accessibility. Butcher Wickstrom felt very strongly about having the resource of community gardens available. There are a lot of people who live in townhouses and apartments, and they can benefit from community gardens. She said we need to find another way to offer this to gardeners. She was also concerned about how we would communicate with the 88 people who are gardening there. Lotthammer replied we have their email and home addresses, and he recommended that staff do some back up planning before we sound the alarm. Butcher Wickstrom suggested we send a letter out to the gardeners with options for other locations if we can't continue to use the MAC location. CITY COUNCIL MINUTES July 16, 2013 Page 11 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the lease agreement with the Metropolitan Airports Commission for the Community Garden Plots Area. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Riverview Road Closure Ellis said, as a result of nearly five inches of rain over the weekend, Riverview Road was closed today between Hennepin Town Road and Parker Drive. Staff tried to salvage the roadway after the culvert was undermined, but it started to settle this afternoon. He said staff is actively pursuing a resolution and will meet with an engineering consulting firm to get started on developing a new crossing;however, the road will be closed for at least two to three months. 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 meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:30 PM.