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City Council - 01/19/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 19, 2016 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 Dan Gregerson, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING,JR., PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming 2016 as a year to celebrate human rights and diversity and to recognize and celebrate Dr. Martin Luther King Jr.'s dream. P.G. Narayanan, Chair of the Human Rights and Diversity Commission, announced the start of the Human Rights award process for 2016. He reviewed the purpose of the award and explained the process the commission will go through to select the winners of the awards in the four categories. The awards will be presented at the April City Council meeting. B. EDEN PRAIRIE SMILES DONATION (RESOLUTION NO. 2016-16) Lotthammer thanked Eden Prairie Smiles and Dr. Mesa for the donation of$5,000 to help fund some of the City's celebrations. He noted Eden Prairie Smiles has made this donation for several years. Tyra-Lukens thanked Dr. Mesa for his donations to our City's celebrations. CITY COUNCIL MINUTES January 19, 2016 Page 2 MOTION: Aho moved, seconded by Case, to adopt Resolution no. 2016-16 accepting the donation from Eden Prairie Smiles for$5,000 for Parks and Recreation special events. Motion carried 4-0. C. LIONESS CLUB DONATION (RESOLUTION NO. 2016-17) Lotthammer said the Lioness Club has donated $600 for the purchase of new sound equipment at the Eden Prairie Senior Center. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2016-17 accepting the donation in the amount of$600 from the Eden Prairie Lioness Club for the purchase of new sound equipment at the Eden Prairie Senior Center. Motion carried 4-0. D. STATE FARM DONATION FROM GORDON WILLIAMS (RESOLUTION NO. 2016-18) Lotthammer said State Farm has again provided a donation of$500 in recognition of Gordon Williams' volunteer service at the Eden Prairie Senior Center. The donation will be used for the volunteer recognition lunch. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2016-18 accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2016 Senior Center volunteer recognition event. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 5, 2016 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, January 5, 2016, as published. Motion carried 3-0-1, with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 5, 2016 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, January 5, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES January 19, 2016 Page 3 VIII. CONSENT CALENDAR A. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WELSH ARCHITECTURE FOR THE PRELIMINARY POLICE SPACE STUDY B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KLM ENGINEERING, INC., FOR PROJECT ADMINISTRATION FOR RECOATING OF TOWN CENTER WATER TOWER C. APPROVE FIRST AMENDMENT TO COOPERATIVE AGREEMENT WITH THE CITY OF EDINA RELATING TO WATER, SANITARY AND STORM SEWER, STREET AND TRAFFIC SIGNALS D. ADOPT RESOLUTION NO. 2016-19 AMENDING RESOLUTION NO. 2016-09 SETTING 2016 MEETING DATES FOR BOARDS AND COMMISSIONS E. APPROVING 5TH RESTATED JOINT POWERS AGREEMENT OF SOUTHWEST TRANSIT COMMISSION F. APPOINT REPRESENTATIVE AND ALTERNATE TO LOGIS BOARD OF DIRECTORS G. APPROVE SPRINT LICENSE AGREEMENT EXTENSION LETTER MOTION: Nelson moved, seconded by Aho, to approve Items A-G on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. KAL POINT by Kal Stay, LLC.Request for Guide Plan change from Neighborhood Commercial to Community Commercial on 2.98 acres; Planned Unit Development concept review on 2.98 acres; Planned Unit Development District review with waivers on 2.98 acres; Zoning District change from Neighborhood Commercial to Community Commercial on 2.98 acres; Site Plan review on 2.98 acres and Preliminary Plat of three lots into two lots on 2.98 acres. Location: 13105, 13075 & 13045 Pioneer Trail. (Resolution No. 2016-20 for Guide Plan Change; Resolution No. 2016-21 for PUD Concept review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution No. 2016-22 for Preliminary Plat) Getschow said the proposed project is for the construction of a 20,000 square foot grocery building with a drive through, and a multi-tenant retail building of approximately 4,200 square feet. The proposal includes the removal of the existing structures and redeveloping the existing 3 parcels into 2 parcels with shared parking facilities. The proponent is seeking rezoning from Neighborhood Commercial to Community Commercial, as well as PUD waivers to the parking setback along the common property line and for Floor Area Ratio (FAR) and Base CITY COUNCIL MINUTES January 19, 2016 Page 4 Area Ratio (BAR) for Lot 2. He said the Planning Commission unanimously recommended approval of the project. Kalyan Vempaty,proponent, gave an overview of the two-phase project. The first phase will be a neighborhood grocery store with a drive through. The second phase will be a 4200 square foot multi-retail building to be developed sometime after Phase 1 is complete. Tyra-Lukens asked if the project has a name. Mr. Vempaty said for now it will be called Kal Point. Tyra-Lukens noted she did not see signage addressed in the information provided. Jeremiah said we do not require signage to be approved with the PUD,but will come back for approval of signage at a later date. Tyra-Lukens noted the project will be done in two phases and will be re-platted to two lots. She asked what would happen if we approve a setback waiver for parking and the second lot is subsequently sold to someone else. Jeremiah said the waiver for the setback would remain in place so the new user would have to understand the parking would be that close to the building. Tyra-Lukens asked if they had a model for the drive-through for meats. Mr. Vempaty said they expect two types of customers for their meat selection: one type being retailers who order online and pick up at the drive through and another type who use an app to order and then drive up for the meat. Case noted the drive-through traffic seems to compete with the truck delivery traffic because it is the same road going around the building. Mr. Vempaty said there is a gap between the two, and most delivery times will occur in the early morning. Case asked staff to address the fact that this building has a 35-foot setback from the east side of the property. Jeremiah replied the property on the east is an older building and is more of an industrial warehouse facility so it may not be adhering to the setback requirements. She noted that building has been there for a while, so it probably does not conform to many of our current standards. Case commented there is 50-60 feet separating the two buildings, and we typically do not have buildings with this kind of corridor feeling. Jeremiah said there would be visibility of the area from Pioneer Trail so it is not really that hidden. Case asked if we typically are not concerned about the backs of buildings and if this is consistent with the back side of many of our larger box buildings. Jeremiah said it is typical that there would be much less articulation on the back side of a building. Aho noted the back will face the other buildings. Nelson said this is another case where we have two street fronts, and we still have not developed a policy to deal with that situation. She thought this needs to be addressed in the next couple of years. There were no comments from the audience. CITY COUNCIL MINUTES January 19, 2016 Page 5 MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Tyra-Lukens commented this particular parcel has a number of residences across from it on the north side, including single family homes and a senior residence. She asked staff to address the lighting proposed for the project. Jeremiah said staff will check to be sure there is no lighting spill over; however, our ordinances control lighting and require the source of lighting to be covered. Case noted the City has been consistent on color variations, and we have some flexibility to ensure that this is as beautiful as it can be. He wanted to make sure staff has looked at this to dress it up and make it sharper. He thought this corner location needs help and this would be a start. Jeremiah said there have been quite a few discussions with the proponent and the architect. Staff and the Planning Commission felt the level of articulation is above the code requirements and is consistent with Council discussions on architectural standards. The proponent has been working with staff to improve the plans, and that has added to the cost. She said staff is comfortable that they have done what we think is reasonable and believes this will be a big improvement for that corner. Nelson asked if there is a landscaping plan. Jeremiah said there is. Case noted the last page of the black and white landscaping diagram shows even more variation than the color diagram does. He said there appear to be changes in the brick color on the black and white diagram that provide change across the fagade and asked staff to look at this again for something that would enhance the look. Jeremiah said there are two different shades of brown on the face brick with horizontal banding. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-20 for Guide Plan change from Neighborhood Commercial to Community Commercial on 2.98 acres; to adopt Resolution No. 2016-21 for Planned Unit Development concept review on 2.98 acres; to approve 1st reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District change from Neighborhood Commercial to Community Commercial 2.98 acres; to adopt Resolution No. 2016-22 for Preliminary Plat for 3 lots into 2 lots on 2.98 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions as expressed this evening. Motion carried 4-0. B. COMPETITIVE FRANCHISE AGREEMENT WITH QWEST BROADBAND SERVICES, INC. D/B/A CENTURY LINK (FIRST READING OF ORDINANCE) Getschow said the purpose of this public hearing is to consider a cable franchise agreement with Century Link. The Southwest Suburban Cable Commission voted to recommend all of the member cities approve a franchise with Century Link. CITY COUNCIL MINUTES January 19, 2016 Page 6 Brian Grogan, Administrator and Legal Counsel of Southwest Suburban Cable Commission, said the Federal Cable Act was designed to promote competition to cable companies. He noted Eden Prairie renewed the Comcast Cable franchise in 2012, and Century Link used that agreement in order to be as nearly identical to that as possible in their negotiations. He reviewed the sequence of events in the negotiations. He noted Century Link uses the term, "living units," versus Comcast's term, "households." The proposed franchise agreement would have a five-year term with a unilateral right for the City to extend the agreement for five years. The five- year term is tied in large part to the system build out and allows the City to determine if the franchise is substantially constructed. Mr. Grogan reviewed the terms of the build out, which include providing service to at least 15% of the City's living units in the first two years. He noted they are already substantially in excess of that, and the progress of the build out will be verified at quarterly meetings with updated maps to show where the service can be provided. They will continue the build out in 15% increments based on market success until the entire City is served. He demonstrated the mosaic channel that will be provided and noted Eden Prairie will be located on Channel 26. Each city in the Southwest Suburban Cable Commission will have its own Public and Educational channel and Government(PEG) channel. There will be a direct fiber connection to Edina and to the Eden Prairie City Hall. The PEG fees will be the same as those of Comcast. They will provide extra indemnification in the event the City is challenged for awarding the franchise. Aho asked if the Century Link franchise offers any other benefits to the City beyond those Mr. Grogan outlined in his presentation. Mr. Grogan said Century Link currently has wires in the City streets so there will be less disruption, and it will offer a competitive choice for broadband service so the effect should be to improve service and bring down costs. Tyra-Lukens asked if this provides internet service. Mr. Grogan said this contract is just for cable TV; however, other service offers are available. Aho asked if the service provided is called"cable" or"channelized video." Mr. Grogan noted they use the term "cable TV," but the statutes don't always keep up with technology. Tyra-Lukens asked when construction would begin if this is approved. Mr. Grogan said they are using existing facilities, and there are a substantial number of Eden Prairie residents who could call and request the service on the day the franchise becomes effective. There will be further construction to make the service available to more Eden Prairie residents as fiber is extended into other neighborhoods. Aho asked if this will be delivered over DSL. Mr. Grogan said those with 25 meg download or better can select Century Link service. Aho asked if it requires that fiber be delivered to the household. Mr. Grogan said that varies by jurisdiction but that is not required. CITY COUNCIL MINUTES January 19, 2016 Page 7 Tyra-Lukens said she was excited about introducing competition in the market. She was concerned about the issue of constant digging up of our right of ways and then not having the conditions restored or maintained afterwards. She hoped there would be some way to keep on that situation in some orderly way. Mr. Grogan noted Mr. Getschow raised that issue in the negotiations. He said they try to have the cable franchise not serve as an exception to the rules the City puts in place for right of ways. Patrick Haggerty, representing Century Link, noted Century Link is very excited to have this franchise effective, and he extended gratitude to the Southwest Suburban Cable Commission for their time. Aho said we are looking forward to having another provider in the City and to having more service for our residents. (taken out of sequence) MOTION: Aho moved, seconded by Nelson, to approve first reading of an ordinance granting a cable television franchise to Century Link. Motion carried 4-0. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 4-0. C. VACATION OF PART OF THE SLOPE EASEMENT (FLYING CLOUD DRIVE - METCOM) (RESOLUTION NO. 2016-23) Getschow said the owners of the Park Nicollet Clinic requested the vacation of a part of the slope easement over a portion of the Clinic lot to accommodate an addition to their existing building. He said the easement has been in place since 1976 and the City does not need it any more. Tyra-Lukens recalled a few years ago seniors were talking about the difficulty of going down the trail from Summit Place to the Park Nicollet facility. We had hoped Park Nicollet would address that situation but it has not yet been addressed. She asked if that has been discussed in any way during this process. Ellis said staff has worked with the Parks Department on the issue of having some facility built on the south side to allow access to the building. The City is also working on a trail connection between Medcom Blvd and Franlo Road. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing. Motion carried 4-0. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-23 vacating a part of the slope easement, as dedicated on Torrens Document 1208598 dated December 6, 1976 and recorded on February 8, 1977 with the Hennepin County Registrar of Titles, lying over a part of Tract A, Registered Land Survey No. 1394, Hennepin County, Minnesota. Motion carried 4-0. CITY COUNCIL MINUTES January 19, 2016 Page 8 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. BOARD OF APPEAL & EQUALIZATION Getschow noted most of the appointments for the year were handled at the first Council meeting in January; however, we now need to appoint members to the Board of Appeal & Equalization. He said since 1992 Eden Prairie has appointed citizen volunteers in the City who have experience in the real estate market to this board, and all of the proposed members have extensive knowledge of the southwest metro area. MOTION: Case moved, seconded by Nelson, to appoint to the Board of Appeal and Equalization: Lyndon Moquist, Annette O'Connor, Todd L. Walker, Nate Thompson and Kristin Rial for the period of March 1, 2016 through May 31, 2016, or until the Board of Appeal and Equalization completes its work. Motion carried 4-0. Case noted the absence of Patricia Pidcock from this year's appointees and gave a call out to her for her many years of service to the City. 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES January 19, 2016 Page 9 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:00 PM.