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City Council - 09/17/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 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, Finance Director Sue Kotchevar, 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. OPTIMIST CLUB OF EDEN PRAIRIE PROCLAMATION Mayor Tyra-Lukens said there are a number of service groups in our community that make Eden Prairie a great place to live, and one of the groups that give back to the community is the Optimist Club. She read a proclamation recognizing the 35th Anniversary of the Optimist Club of Eden Prairie and proclaiming October 2013 as Optimist Club month. She presented the proclamation to Al Peterson and other members of the Optimist Club. B. SCHOOL DISTRICT REFERENDUM PRESENTATION Tyra-Lukens said Eden Prairie has great partnerships with other groups, and that includes the School District. Representatives of the School District have asked to speak tonight about the referendum they will hold this fall. Curt Tryggestad, Superintendent, said the School Board authorized a referendum with two questions for the November 5 election. The first question revokes the existing operating budget,replaces it with a ten-year levy of$2,269 per pupil unit, and includes inflationary language. The second question would renew the existing technology project levy for ten years starting with the 2015-16 school year. CITY COUNCIL MINUTES September 17, 2013 Page 2 Bob Noyed and Patricia Magnuson, School District representatives, gave a PowerPoint presentation explaining the change to the operating levy. Mr. Noyed said approval of the referendum will stabilize the financial outlook for the School District for ten years, will reduce the need for program reductions, and will give them some flexibility to make investments. Superintendent Tryggestad reviewed how the money will be used, and Ms Magnuson reviewed the tax impact of the levy. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.I. to the Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2013 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, September 3, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2013 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, September 3, 2013, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION Getschow said there are several members of the Human Rights & Diversity Commission here tonight to give an overview of what the commission has been working on this year and what lies ahead for them. Four representatives of the commission gave a PowerPoint presentation about their activities, upcoming fall events, and the future plans for the commission. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-77 APPROVING FINAL PLAT OF HELMIN ADDITION C. ADOPT RESOLUTION NO. 2013-78 APPROVING FINAL PLAT OF HENNEPIN COUNTY PLAT NO. 2 CITY COUNCIL MINUTES September 17, 2013 Page 3 D. ADOPT RESOLUTION NO. 2013-79 APPROVING FINAL PLAT OF REEDER RIDGE E. ADOPT RESOLUTION NO. 2013-80 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE F. ADOPT RESOLUTION NO. 2013-81 AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO HENNEPIN COUNTY YOUTH SPORTS PROGRAM FOR AQUATICS PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH COMPASS CONSULTING FOR ENGINEERING AND CONSTRUCTION SERVICES TO EXPAND THE FIBER OPTIC NETWORK TO SEVERAL CITY REMOTE SITES AND TO LOGIS H. AUTHORIZE AGREEMENT WITH AMERICAN SPECIALTY HEALTH FITNESS TO ALLOW REIMBURSEMENT OF QUALIFIED INDIVIDUALS FOR COMMUNITY CENTER MEMBERSHIPS I. APPROVE MODIFICATION TO BUSINESS ASSOCIATE AGREEMENT WITH GENESIS DUE TO REFORMS IN THE HITECH ACT MOTION: Nelson moved, seconded by Aho, to approve Items A-I of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE IN BELLERIEVE (Resolution No. 2013-82) Getschow said the Bellerieve subdivision was platted with a public street to serve future homeowners. The developer now desires to have Cavallo Ridge be a private roadway. In order to vacate the public right-of-way the Council must hold a public hearing to consider the vacation. The petitioner will need to provide easements to the lot owners and enter into an agreement with the City and the lot owners relating to maintenance and use of the private road and City utilities. The City will retain a drainage and utility easement over the right-of-way. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2013-82 vacating the public right-of-way over Cavallo Ridge as platted in Bellerieve as recorded in the Office of the County Recorder, Hennepin County, Minnesota. Motion carried 5-0. B. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Request for Planned Unit Development Concept Review on 1.25 acres, Planned Unit CITY COUNCIL MINUTES September 17, 2013 Page 4 District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive & Valley View Road. (Resolution No. 2013-83 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the project proposes to construct a 4,975 square foot restaurant building. A waiver to the parking setback along Prairie Center Drive to allow a 10 foot setback is proposed. The Planning Commission recommended some minor revisions to the plans prior to City Council review, and those revisions have been satisfied. The Planning Commission voted 5-0 to recommend approval of the project at the August 26, 2013 meeting. Dave Clark, architect with WCL Associates,reviewed the proposal, noting that People's Organic Coffee &Wine Bars are a franchise version of the French Meadow Bakery. He said the property is the last developable piece on that part of Prairie Center Drive and Valley View Road. Tyra-Lukens asked Mr. Clark to address the fire pit and water feature and what they plan to do to enhance the pedestrian friendliness of the property. Mr. Clark said they are still working through the fire pit and water feature at the front of the restaurant because each of their restaurant locations will be somewhat unique. He said there are trails on the north and west sides that connect to the sidewalks into the building. Tyra-Lukens asked if they plan to have a bike rack. Mr. Clark said they had not planned one,but he thought they should add one. Case commented there is a lot of pervious surface for the project and asked if all the storm water will be handled on site with the rainwater gardens. Mr. Clark said it will be partially handled on site with the rain gardens,but excess runoff will flow to a regional pond that serves the property. Nelson liked the idea of having the rain gardens and fire pit on site and asked if any of the proposed features would go away with the final plans. Mr. Clark said it is their intention to include all those. Nelson asked if the plans will be finalized by third reading. Mr. Clark said they have issued drawings for bid; however, the soil on the site is not great. It is costly to make the soil buildable for the restaurant, so they must balance between the costs and their budget. At this point they intend to do everything shown on the plan. Butcher Wickstrom asked if there is only one entrance to the site and if there will be congestion at the drive-through window. Mr. Clark replied there are two entrances to the site, and the pick-up window will be used primarily for people who preorder food. Tyra-Lukens said in the past the City has tried to have berming to camouflage parking. She asked what will be done to mitigate the impact of the cars. Ellis said there are very limited opportunities for storm water treatment, and by doing rain gardens on site they are not able to do berms. Because the site is so developed, CITY COUNCIL MINUTES September 17, 2013 Page 5 proponent cannot do everything staff would like. The storm water quality requirements might take precedent over the berming and the aesthetics in this case. Tyra-Lukens asked if there is a landscape plan. Mr. Clark said there will be rows of hedges to screen parking on two sides of the building. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2013-83 for Planned Unit Development Concept Review on 1.25 acres; to approve 1 st reading of the ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. Tyra-Lukens noted she would like them to include a bike rack. 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Donation of$10,000 from the Sampson Family for Art Center Lobby Upgrades (Resolution No. 2013-84) Lotthammer said we have received a gift from the Sampson family to help make the Art Center more accessible to the public. This is one of many donations from the Sampson family to help support the Art Center over the last several years. He said the activity level there has increased, and they need a front counter area to assist in registration and to provide customer service. CITY COUNCIL MINUTES September 17, 2013 Page 6 Tyra-Lukens noted Mrs. Sampson has been very generous. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2013-84 accepting the donation of$10,000 from Elaine Sampson for the construction of a front desk area for the Eden Prairie Art Center. Motion carried 5-0. 2. Authorize Partnership and Fundraising Efforts for Construction of Miracle Field Lotthammer said staff has been asked to consider a partnership for the concept of a Miracle League field in Eden Prairie. He said the concept of a Miracle League field began as a way to engage kids with physical or cognitive challenges. He described the concept of a Miracle League field, and noted Dave Espe came forward to help with fundraising for the field. After touring other similar fields, visiting sites, and having conversations with the President of the Eden Prairie Baseball Association, staff is suggesting the field be built on the east field at Flying Cloud along Pioneer Trail. He said we will, of course, need to work with the MAC as the concept is developed. The field will be appropriate for T-ball players to use when it is not being used by the physically challenged. Dave Espe reviewed the concept of building a Miracle League field in Eden Prairie, and noted he was confident they will be able to raise the money needed. Nelson thought it was a great idea and asked if the material used on the field could be taken up and put elsewhere in case we can no longer lease the fields at Flying Cloud from the MAC. Lotthammer said that question has often arisen over the Flying Cloud fields. The material on the field could not be taken up,but the fencing and bleachers could be moved. We have signed a three-year lease agreement with the MAC, and the airport development plans do not include anything for that area. Aho said he liked the concept and asked about the cost to build it and if they would be able to raise that amount. He also asked if we would draw from around the surrounding communities to make use of the field. Mr. Espe replied it would be a very highly utilized field as five and six year olds could also play on it as well as early childhood and special education programs. He said the State Miracle Field network typically funds around $250,000, and they would expect to get a lot of support from construction companies, corporate sponsorships and the Baseball Association. MOTION: Case moved, seconded by Butcher Wickstrom, to authorize staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League field. Motion carried 5-0. CITY COUNCIL MINUTES September 17, 2013 Page 7 Tyra-Lukens asked if they plan to use the Eden Prairie Foundation as a conduit for the fundraising. Lotthammer said that is a real possibility similar to what was done for the Veterans Memorial. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Request for Land Alteration Permit for Olympic Hills Golf Club Ellis said Olympic Hills Golf Club plans a major renovation project and has submitted a land alteration permit application to grade approximately 110,000 cubic yards of material within the golf course along with associated tree removal and wetland impacts. There will be conservation easements created over some wetlands that do not currently have such easements. They want to begin construction immediately in order to reopen the course for the 2015 golf season. Olympic Hills will be asking for variances for wetland buffers and conservation easements on wetlands near the interior of the golf course at the Planning Commission meeting on September 23. He noted staff is in support of the variances requested; however, if the variances are not approved by the Planning Commission, they would not be able to grade around those wetlands. Olympic Hills held public meetings on September 5 and September 11 to explain the project to the neighborhood. There were a lot of questions asked at the meetings, especially about dust, golf balls in residents' yards, and the removal and planting of trees. Peter Eaton and Jake Schmitz, representing Olympic Hills, said the land alteration permit will allow the club to upgrade their infrastructure and will help to make the club more environmentally sustainable. Mr. Schmitz reviewed the changes they plan to make to the course. He noted they will designate 19 acres to a conservation easement on the northwest side of the property which will guarantee the wetlands will be protected into the future. They will work with the City to remove some of the sediments accumulated in the storm water facilities. Aho asked about their current water source. Mr. Schmitz said they do not use City water now, and plan to continue to use their two wells. Aho noted the neighbors were concerned about the impact of the construction phase and asked how they plan to deal with those concerns. Mr. Schmitz said the sites to be worked on are very localized, so the entire property isn't going to be opened up. They will finish one section and move on to the next. They also plan to have "regional" neighborhood meetings as construction moves around the course. He said the main issue was dust control, and they have erosion control mechanisms and have water trucks available to deal with that. They will follow the City ordinance on noise. They have asked neighbors to contact the club if there is an issue with dust or noise. Tyra-Lukens noted they are removing a lot of trees and asked if the replacement plan will provide the residences with proper protection from golf balls. She asked if the tree debris will be removed immediately. She CITY COUNCIL MINUTES September 17, 2013 Page 8 noted they propose to fill in 4500 square feet of wetland and plan to mitigate that outside of the City; however, she would like to have more of it mitigated on site. Mr. Schmitz said the trees on the site have closed off a lot of the playing corridors, and sunlight is key for healthy grass. They will follow the ordinance for tree replacement and will determine where to plant the trees to protect properties. Tyra-Lukens asked if they will go above the required amount of tree replacement. Mr. Schmitz said they will not. He said trees will be removed from one section at a time and will be stockpiled in a central location, ground up on site, and hauled away. They plan to fill one small pond that is considered an incidental wetland. Mr. Eaton said it would be difficult to expand the current wetlands given where their ones are today. They will also expand the size of some of the ponds, and that expansion is not included in the calculations. Nelson asked if there will be shaded areas where people will be waiting on the course. Mr. Schmitz said they will still have tree locations and will still have a balance of trees. Nelson asked if any of the construction will impact the swamp area adjacent to Neill Lake. Mr. Schmitz replied it will not according to the technical evaluation panel. Tyra-Lukens noted this is not a public hearing,but she would allow comments from the audience. A resident at 11021 Mt. Curve said she has had conversations with Olympic Hills about golf balls in her yard and is concerned that will be more of a problem after the construction. Tom Render, 11292 Mt. Curve, asked for a clarification of the waste bunker that will be constructed in back of his property. He said the easement agreement between the Preserve and Olympic Hills specifies what can be done on the golf course and does not address the waste bunker. He said he gets 200-300 golf balls in his yard each year. His yard is directly across from the short Par 3 hole, and the proposal to move the tee box further back will increase the number of balls in his yard. He also asked about the hours during which they intend to grind up the trees. Mr. Schmitz said the waste bunker on No. 6 is a sand bunker centrally located in the middle of the fairway, so they will maintain that as they do the rest of their very well- groomed golf course. He said the tee box that will be moved back is a championship tee box and will be used by the best golfers in the club. The main tee box for most players will be shortened significantly, and he thought that will provide a safer environment for neighbors. He said the trees will be ground during the hours specified in the City's noise ordinance. Nelson asked if they plan to do anything to mitigate the significant golf ball hazard described by the neighbors. Mr. Schmitz said the shorter tee box is a major step forward to protect those homes, and they are looking at different types of tree plantings to protect other areas. CITY COUNCIL MINUTES September 17, 2013 Page 9 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the land alteration permit for Olympic Hills Golf Club subject to recommendations as outlined. 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 meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:42 PM.