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City Council - 08/20/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 20, 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 IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.E. should be pulled from the Consent Calendar. Butcher Wickstrom added Item XIV.A.2. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 16, 2013 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, July 16, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 16, 2013 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, July 16, 2013, as published. Motion carried 5-0. CITY COUNCIL MINUTES August 20, 2013 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Second Reading of Ordinance No. 12-2013-PUD-5-2013 for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service Zoning District on .84 acres, Resolution 2013-66 for Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance No. 12-2013-PUD-5-2013 for PUD District Review and Zoning District Amendment; Resolution No. 2013-66 for Site Plan Review) C. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Second Reading of Ordinance 13-2013-PUD-6-2013 for Planned Unit Development District Review with waivers and Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution 2013-67 for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance No. 13-2013-PUD-6- 2013 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2013-67 for Site Plan Review) D. REEDER RIDGE by Pulte Homes of MN LLC. Second Reading of Ordinance 14- 2013-PUD-7-2013 for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 78.56 acres Location: 9990 Eden Prairie Road. (Ordinance No. 14-2013-PUD-7-2013 for PUD District Review with waivers and Zoning District Change) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION F. ADOPT RESOLUTION NO. 2013-68 APPROVING FINAL PLAT OF MARTIN DRIVE RETAIL G. AWARD CONTRACT TO O'MALLEY CONSTRUCTION, INC. FOR THE MITCHELL ROAD/BAKER ROAD SIDEWALK PROJECT H. ADOPT RESOLUTION NO. 2013-69 RECEIVING 100% PETITION FOR VACATION OF CAVALLO RIDGE AND ORDER PUBLIC HEARING I. SET PUBLIC HEARING FOR FAIRWAY WOODS CONDOMINIUMS HOUSING IMPROVEMENT AREA J. AWARD CONTRACT FOR 2013 ART CENTER REMODEL TO DIVERSIFIED CONSTRUCTION K. APPROVE AMENDED AND RESTATED SUBORDINATION AGREEMENT FOR THE EDENVALE APARTMENTS CITY COUNCIL MINUTES August 20, 2013 Page 3 L. AWARD CONTRACT FOR FOOD AND CATERING SERVICES IN THE GARDEN ROOM TO EPICUREAN ARTISTS TODD AND TOM, LLC (DBA THE BRIDGEWOOD CAFE & CATERING) M. APPROVE DISPOSAL OF SURPLUS PROPERTY N. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH HENNEPIN COUNTY O. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH EDEN PRAIRIE SCHOOL DISTRICT 272 P. AWARD CONTRACT FOR POINT OF SALE SYSTEM FOR LIQUOR OPERATIONS TO DAILEY DATA & ASSOCIATES Q. APPROVE AGREEMENT WITH LOGIS FOR NETWORK HARDWARE UPGRADES R. APPROVE PARTNERSHIP WITH EDEN PRAIRIE SCHOOL DISTRICT FOR FIBER EXPANSION S. ADOPT RESOLUTION NO. 2013-70 APPROVING CDBG SUBRECIPIENT AGREEMENTS T. AUTHORIZE PURCHASE OF REPLACEMENT LIFE FITNESS TREADMILLS U. APPROVE AGREEMENT WITH CITY OF EDINA FOR PURCHASE OF HD PLAYBACK EQUIPMENT FOR EPTV 16 Nelson asked about the status of some of the things promised last fall for Item C, the Home Depot Garden Center. Getschow said there was a change from the plans presented in November to reduce the proposed addition to the Garden Center from 7365 square feet to 4591. All of the other elements are the same, including the screening of the truck business and the changes to address concerns about noise from the outdoor speakers. Tyra-Lukens asked about the location of the truck rental. Getschow said it is the same as the location approved last November. MOTION: Case moved, seconded by Nelson, to approve Items A-D and F-U of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. AMENDED FEASIBILITY REPORT FOR EDEN PRAIRIE ROAD (SOUTH OF RILEY CREEK) STREET AND UTILITY IMPROVEMENTS (RESOLUTION NO. 2013-71) CITY COUNCIL MINUTES August 20, 2013 Page 4 Getschow said on November 20, 2012, the City Council held a public hearing and adopted a resolution ordering the improvements and the preparation of plans and specifications for the Eden Prairie Road (south of Riley Creek) street and utility improvements. However, at the public hearing there were some concerns regarding the overall funding of the project which included neighborhood assessments and the Metropolitan Airport Commission's (MAC's) share of the improvements. Consequently, staff amended the feasibility report to address those concerns and updated the appropriate information. He said we now have a lot more detail as the project relates to the MAC and what they might pay for their portion of the assessments. Rod Rue, City Engineer, gave a PowerPoint presentation showing the updates to the feasibility report. He noted there have been a couple of new projects in the area, and lots in those projects are included in the preliminary assessment rolls. There are two MAC parcels that have full residential development potential and one privately- owned parcel that can be assessed for more units. The anticipated easement costs of $200,000 were included in the estimated total project costs as a result of the updated acquisition information. Rue said the assessments for all properties with frontage on Eden Prairie Road were totaled and averaged to provide a consistent assessment per unit for all frontage properties in the area. Those properties with frontage on Eden Prairie Road will have an assessment of just under$19,000 per unit. All the properties in the area that do not have frontage on Eden Prairie Road will be assessed for the extra street width. One area of the project will be assessed for the extra street width and the sewer and water costs. Another area will be assessed for the extra street width, sewer and water costs and drainage treatment in the proposed pond. Rue said neighborhood meetings were held in November 2012 and again in May 2013 to review the feasibility study. He noted the project is still on schedule with construction to be started in June 2014. The final assessment hearing would be held in October 2015 and assessments would appear on the tax statements in 2016. Nelson asked if these are the final assessment numbers for each parcel. Rue said approval of the amended feasibility study sets the groundwork used to determine the actual costs at the assessment hearings. Nelson asked if the assessments for the four areas are being set tonight. Rue replied the methodology to determine the assessments is being set. Nelson noted some of the large parcels in the area aren't developing yet, and some of the lots will be a fair distance from the road. She asked how the owners of the larger parcels will be assessed. Rue said many of the parcels have single family homes on them,but a few are vacant. If there is no building or structure on the property, we would defer the assessment until the time of development. Those properties with a single family home would be assessed one unit of assessment, and the balance would be deferred with interest until the property is developed. CITY COUNCIL MINUTES August 20, 2013 Page 5 Tyra-Lukens asked if MAC would pay us for the assessments now or later when the land is developed. She was concerned that the FAA might change the rules about whether the land is developable. Rue said the total MAC assessment is just under $800,000. MAC is willing to pay that amount,but we cannot assess MAC property so we have to carry the costs until they develop their property. Tyra-Lukens asked if the City will be stuck with the costs if MAC does not develop the property. Rue said that was correct,but a portion of their developable parcels is outside the runway protection zone and they could sell that off. Tyra-Lukens did not like the fact that the money from them is not a sure thing,but she also did not want not to assess MAC thereby putting the entire burden on residents. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2013-71 approving the Amended Feasibility Report for Eden Prairie Road (South of Riley Creek) Street and Utility Improvements. Motion carried 5-0. B. BRYANT LAKE PROPERTY by Homestead Partners, LLC. Request for Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.9 acres. Location: Address Unassigned PID 11-116-22-14-0005. (Resolution No. 2013-72 for Guide Plan Change) Getschow said official notice of this public hearing was published in the August 8, 2013, Eden Prairie News and was sent to 10 property owners. This is a request to re- guide 0.89 acres (the buildable area of the parcel) of a 9.3 acre property from Park/Open Space to Low Density Residential. The remaining 8.41 acres would continue to be guided Park/Open Space. The lot was created in 1980 and is a legal lot of record. Historically, the Comprehensive Guide Plan has identified this area as Park/Open Space to protect the shoreland area of Bryant Lake without accounting for the buildable portion of the lot. The Planning Commission voted 6-0 to recommend approval of the project at the July 22, 2013 meeting. There were no comments from the audience. MOTION: Case moved, seconded by Butcher-Wickstrom, to close the public hearing. Motion carried 5-0. Case asked if there were any prior agreements signed when the lot was designated as Park/Open Space in 1980. Jeremiah replied staff could not find anything to the effect that there was a prior agreement. Case asked if it became a legal entity with the division of everything on the cul-de-sac. Tyra-Lukens noted there is only one house there and there are two numbered lots. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2013-72 for Guide Plan change from Park/Open Space to Low Density Residential on 0.89 acres. Motion carried 5-0. CITY COUNCIL MINUTES August 20, 2013 Page 6 C. CUMMINS GRILL HOUSE CERTIFICATE OF APPROPRIATENESS by City of Eden Prairie. Certificate of Appropriateness for demolition of the asphalt sided shed at the Cummins Grill House. Location: 13600 Pioneer Trail Getschow said the Cummins-Grill house was designated a Heritage Preservation Site on September 16, 1997. The property was also designated a National Register of Historic Places property on October 13, 1982. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission (HPC) and staff reviewed plans for the demolition of the workshop building (asphalt sided shed), to ensure compliance with these standards. He said both the HPC and the Historical Society reviewed the change and agreed that the shed is in terrible condition and is no longer usable. We do not see a future use for it, and we are concerned about the condition of the building and safety factors surrounding the building. All parties agreed the shed should be demolished. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt the Findings of Fact and approve Certificate of Appropriateness #2013-01- 004 for the demolition of an asphalt sided shed. Butcher Wickstrom noted she was delighted that the process works so well. She thanked Ms Jeremiah for her vigilance on the property and thanked the HPC for their work. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL Public Works Director Ellis said this ordinance was originally written in 2006 and attempted to describe responsibility for snow and ice removal by geographic description. Since 2006 we have added miles of new trails and sidewalks so the list continues to grow. The amended ordinance includes an official City map that will be posted on the website, and that determines what is City responsibility and what is the residents'responsibility. He noted the responsibilities haven't changed,but we did not want to keep amending the code to include new areas. He said this is CITY COUNCIL MINUTES August 20, 2013 Page 7 really more of a housekeeping item,but it will make it more clear for the public as well as staff. Tyra-Lukens said she would like to know the total miles of trails or sidewalks in the City now. Ellis said he was not sure but would check on it and email the information to Council Members. Tyra-Lukens asked if we are determining who is responsible for snow and ice removal at the time of development and also how that information is conveyed to residents. Ellis said it isn't typically a part of the developer's agreement,but staff goes out to plow after the first snowfall so it becomes obvious if the resident has responsibility. He noted we do get some phone calls about who is responsible,but most streets and trails are City responsibility. Nelson asked if residents will be able to zoom in on a specific neighborhood when they use the map online. Ellis said it will be high definition, so a user will be able to zoom in on a property. Nelson asked how often the map will be updated. Ellis said at least annually,but staff will keep it as up-to-date as possible as new trails are added. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Chapter 6, Section 6.21 relating to snow and ice removal and adopting by reference City Code Chapter 1 and Section 6.99 which among other things contain penalty provisions. Motion carried 5-0. B. RESOLUTION NO. 2013-73 IN SUPPORT OF SOUTHWEST TRANSIT SERVICE Getschow said a lot of time and resources have been put into the future Southwest Light Rail Transit(SWLRT). This item is concerned with how the SWLRT relates to our SouthWest Transit bus service. He noted the three cities that make up the SouthWest Transit (Chaska, Chanhassen and Eden Prairie) have been working together to draft a position resolution laying out some of the guidelines for the potential LRT station that would come into the SouthWest Station. He said Chaska has approved the resolution and Chanhassen is considering it. Len Simich, CEO of SouthWest Transit, said there are two major threats to local control of SouthWest Transit service. He noted SouthWest Transit has had a strained relationship with the Metropolitan Council over the years. The first of the issues relates to bus rapid transit(BRT). He said the main issue is that control will go to the Metropolitan Council if the Hwy 212 corridor is designated BRT. The second issue is that SWLRT has asked SouthWest Transit to grant them access to SouthWest Station. The main concern with that is SouthWest Transit will be forced to reduce service and will receive less funding. He noted SouthWest Transit has a list of requirements for access to SouthWest Station that are outlined in the report and in the resolution. He said they do not oppose BRT or LRT,but they want to make sure control is kept locally and maintained to the levels and standards SouthWest Transit has established. CITY COUNCIL MINUTES August 20, 2013 Page 8 Tyra-Lukens said the resolution is really aimed at making sure we continue to have the service of SouthWest Transit in Eden Prairie. We have been lucky to have that service in the community. We also know that traffic congestion has remained an issue, so when the county approached us about LRT on the southwest corridor, we needed to get involved. Now that the project has been turned over to the Met Council and there are new funding guidelines, we feel we may lose our local express bus service. She was not sure residents will have more options despite the talk about multi-modal transportation in the area. She said we know the majority of our riders would prefer to ride the bus. This is a critical community asset that we must try to protect. SouthWest Transit prides itself in being more than a transit service in the community by such things as working with seniors, working with the City for special events, providing the shopping bus, and providing other special services to residents. SouthWest Transit's express service is very valued by their riders and it is imperative we try to protect that. Aho noted the Mayor gave a very good summary of the issues. We support our residents' options to ride the bus, and it is important to retain the services. Butcher Wickstrom said the Mayor has a great perspective on this since she has served for many years on the SouthWest Transit commission. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2013-73 in support of SouthWest Transit Services. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Trash Bins Tyra-Lukens noted there was an article in the Minneapolis Star this summer about problems with trash bins. She heard from one resident who had a problem with a neighbor. She had asked Mr. Getschow to provide copies of the current ordinance for tonight's meeting and to discuss whether there is any need to change the ordinance. Getschow said the main issues he has heard about concern the time limit of 24 hours for containers to be out and that containers need to be screened in the front yard setback but not on the side. We now have waste containers, recycling containers, and will be adding organic containers soon. We currently have a 20-foot setback requirement,but we may want to change to a 10-foot setback in exchange for screening. Staff would like to research this a little to see what the impact might be. He noted we enforce on a complaint basis. CITY COUNCIL MINUTES August 20, 2013 Page 9 Case said even large lots in the City have 15 foot setbacks, so the concept of 20 foot setbacks doesn't work much of anywhere in the City. He wasn't sure many people could meet the current code requirements, so it might be difficult to try to tighten it. He would like to know if the code is generally working in the City. Nelson said she has not heard from anyone, and she thought there needs to be a little flexibility. Most people keep the bins in the garage,but not all do. There should at least be some reasonable attempt to screen it on the side of the garage. Aho did not think changing the code would be the answer; rather, it is a matter of education. People who have the bins out and visible may not be aware of the code. Tyra-Lukens suggested we put an education effort in place in the spring. We might want to put it out on City Connect to see if residents believe this as an issue. 2. Recent Aircraft Crashes--Council Member Butcher Wickstrom Butcher Wickstrom said there was a concern brought up by a resident of Pioneer Village at the Night to Unite event. Some of the families were alarmed by the number of aircraft crashes recently around Flying Cloud Airport. She was bringing up the concern tonight to help our residents understand we are concerned with making ourselves safe and to address any specific acts we are taking. She said she pointed out to the residents that the airport isn't under Eden Prairie jurisdiction. Getschow said we are concerned about the number of incidents. We have excellent communications with the airport about public safety. It is our understanding that these crashes have been attributed to pilot situations, and there are no concerns about the design or operation of the airport. Our Flying Cloud Airport Advisory Commission meets at least quarterly, and those meetings are attended by representatives of MAC. This will be an item on their next agenda. Tyra-Lukens said she got a letter from a former Commission member who is serving on the MAC Advisory Board offering to come out and talk to us. Getschow noted that letter related to the new operations for the Minneapolis airport,but we could still have him come out to do an update. Tyra-Lukens said she would also like to find out if that issue affects us. Butcher Wickstrom asked that we make sure the public is aware they are coming if we do decide to have someone come out. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES August 20, 2013 Page 10 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Desisn Process Update Lotthammer gave a PowerPoint presentation on the progress of the aquatics center design process. He said the aquatics design team has been meeting with user groups and the architectural team and have looked at some best practices that are out there. He said RJM Construction was asked to join the planning team to help solidify some of the cost estimates after we worked on the design concepts. After further design workshops and meetings, the project will be ready to go out for bid in October. It is scheduled for review at the November 4 Parks, Recreation and Natural Resources meeting and at the November 19 City Council meeting. He said we will have more details on funding methods in November. Aho said he has been following this project very closely because it is a very important project for the community. He appreciated all the opportunities we have provided our residents to have input on this project. Nelson said she hoped we can keep the bonding piece of this project on track because there is the potential for municipal bond rates to go up. If we are not going through the referendum route, we need to get cost estimate numbers fast so we can bond off those numbers. Lotthammer replied he felt good about the progress we have made, and it would be difficult to do this faster than the schedule he outlined. The schedule would allow us to get bids in early 2014. Nelson asked if we would be able to estimate costs before November so we could go out with an initial bonding effort. Lotthammer said we will be able to get good estimates in November. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:20 PM.