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City Council - 03/08/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 8, 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 Ric Rosow, 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 Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, February 16, 2016, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2016 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, February 16, 2016, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES March 8, 2016 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SHADY OAK EXPANSION by The Nordick Group. Second Reading of Ordinance 4-2016-PUD-1-2016 for Planned Unit District Review with waivers and zoning district Amendment within the I-2 Zoning District on 6.78 acres and Site Plan Review on 6.78 acres. Location: 6775 Shady Oak Road. (Ordinance No. 4- 2016-PUD-3-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-38 for Site Plan Review) C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Second Reading of Ordinance 5-2016-PUD-2-2016 for Planned Unit District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.67 acres and Site Plan Review on 1.67 acres. Location: 13000 Technology Drive. (Ordinance No. 5-2016-PUD-2-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-39 for Site Plan Review) D. KAL POINT by Kal Stay, LLC. Second Reading of Ordinance 6-2016-PUD-3- 2016 for Guide Plan Change from Neighborhood Commercial to Community Commercial on 2.98 acres, Planned Unit District Review with waivers and zoning district Amendment within the Commercial Regional Services Zoning District on 2.98 acres and Site Plan Review on 2.98 acres. Location: 13105, 13075 & 13405 Pioneer Trail. (Ordinance No. 6-2016-PUD-3-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-40 for Site Plan Review) E. ADOPT RESOLUTION NO. 2016-41 APPROVING FINAL PLAT OF KAL POINT F. ADOPT RESOLUTION NO. 2016-42 SUPPORTING APPLICATION FOR FUNDING FOR A TRAIL AND SIDEWALK EXTENSION ON VALLEY VIEW RD. FROM TARTAN CURVE TO COUNTY HIGHWAY 101 G. ADOPT RESOLUTION NO. 2016-43 SUPPORTING APPLICATION FOR FUNDING FOR A TRAIL EXTENSION ON SOUTH SIDE OF VALLEY VIEW RD. FROM 9977 VALLEY VIEW ROAD TO WASHINGTON AVE S. H. ADOPT RESOLUTION APPROVING SUPPORT OF MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH CLIMATECH I. ADOPT RESOLUTION NO. 2016-45 GRANTING AMENDMENT NO. 1 TO COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON AT 8080 MITCHELL RD. J. DECLARE OBSOLETE EQUIPMENT AS SURPLUS CITY COUNCIL MINUTES March 8, 2016 Page 3 K. APPROVE PURCHASE OF A GPS TRIMBLE L. ADOPT RESOLUTION NO. 2016-46 DECLARING CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (TOWN CENTER ELEVATED WATER TOWER RECOATING PROJECT) M. APPROVE PURCHASE OF NG-911 REDUNDANT PHONE LOGGER SYSTEM FROM MOTOROLA SOLUTIONS INC. N. AWARD STREET SWEEPING CONTRACT TO PEARSON BROTHERS, INC. O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE MEDCOM BOULEVARD IMPROVEMENT PROJECT P. AWARD CONTRACT TO CLASSIC PROTECTIVE COATINGS FOR RECONDITIONING OF TOWN CENTER ELEVATED WATER STORAGE RESERVOIR Q. ADOPT RESOLUTION NO. 2016-47 AMENDING RESOLUTION NO. 2016-12 DESIGNATING CITY COUNCIL MEETING DATES, TIMES & PLACES Getschow said Item VIII.H. has been moved to Item IX.D because a public hearing is required.. In addition, a revision was made to Item VIII.C. changing the expiration date in the ordinance and resolution from April 15 to May 17, 2016. MOTION: Nelson moved, seconded by Aho, to approve Items A-G and I-Q on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. 2016 CDBG FUNDS (RESOLUTION NO. 2016-48) Getschow said the City receives Community Development Block Grant(CDBG) funds from the Federal government which we allocate to our own housing rehabilitation programs and local agencies that provide services and activities for our residents. For 2016 the total CDBG funding allocation is $210,636. He reviewed the funding levels to be provided to the CDBG recipients, including the City's housing activities, PROP Housing Support Services, YMCA Child Care Subsidy, HOME (Household & Outside Maintenance for the Elderly), and PROP (Emergency Vehicle Repair). He said the City Council must pass a resolution that approves the use of the 2016 CDBG funds. Getschow read a statement of appreciation from the YMCA for their allocation which provides child care subsidy support for their programs and services. He noted they requested their statement be read for the record because their representative was not able to attend tonight's meeting. CITY COUNCIL MINUTES March 8, 2016 Page 4 Jenny Buckland, Program Director for PROP, said they appreciate the on-going assistance the City has provided for their services. She reviewed the services provided by the PROP Housing Support Services and by the PROP Emergency Vehicle Services and thanked the Council for the 2016 funding. Valerie Anderson, Program Coordinator of HOME, thanked the Council for the support. She said there is a growing number of seniors and that will mean an even higher demand for the household and maintenance services they provide for the elderly. She noted 33 seniors in Eden Prairie receive their services. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2016-48 approving the use of 2016 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 4-0. B. STARBUCKS AND BP STATION by Told Development Company. Request for Guide Plan Change from Low Density Residential to Regional Commercial Service on 0.44 acres; Planned Unit Development Concept Review on 1.38 acres; Planned Unit Development District Review with waivers on 1.38 acres; Zoning District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres; Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres. Location: 11190 West 62nd St. (Resolution No. 2016-49 for Guide Plan Change; Resolution No. 2016-50 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution No. 2016-51 for Preliminary Plat) Getschow said the proposed project is for the construction of a 2,000 square foot Starbucks with a drive through and the relocation and reconstruction of a carwash facility at the existing BP Station. A portion of the property was recently annexed into the City of Eden Prairie from the City of Minnetonka. At the time of annexation, Comprehensive Plan Guiding and Zoning was established that most closely resembled the guiding and zoning that previously existed on the property while under the jurisdiction of Minnetonka, with the requirement that at the time of development, Comprehensive Guiding and Zoning would be sought that was consistent with the proposed development. The proponent is seeking PUD waivers to the parking stall size on the existing BP Station site, the requirement for peaked roofs for gasoline/convenience stores and canopies, and the front yard setback for the Starbucks lot. He said the Planning Commission voted 7-0 to recommend approval of the project at the February 8, 2016, meeting. Kathy Anderson, representing Architectural Consortium, said this project has a complicated site with an odd configuration. The project will include improvements to the gas station and the car wash in addition to the new Starbucks location. Tyra-Lukens asked if the rendition included in the Council packet is an accurate illustration of the landscaping plan. Ms Anderson said it is true to the plan. Tyra- Lukens asked if there will be a bike rack because she was concerned that the Starbucks will attract people who will be biking on the nearby trail when the light CITY COUNCIL MINUTES March 8, 2016 Page 5 rail line goes in. Ms Anderson replied there will be a bike rack in the patio area by Starbucks. She commented the connectivity they provide to the trail system will be a great way to get to their location. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson to close the public hearing; to adopt Resolution No. 2016-49 for Guide Plan Change from Low Density Residential to Regional Commercial on 0.44 acres; to adopt Resolution No. 2016-50 for Planned Unit Development Concept Review on 1.38 acres; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District change from R1-13.5 to Highway Commercial on 0.44 acres; to adopt Resolution 2 No. 016-51 for Preliminary Plat for 3 lots into 2 lots on 1.38 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. C. OPTUM PUD AMENDMENT by United Health Group (UHG). Request for Planned Unit Development District Review with waivers on 89.63 acres; Zoning District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on 89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the proposed project is for the construction of two surface parking lots to support additional employees that will be added to this campus. The north parking area includes 121 stalls and is proposed to be permanent. The south lot proposes 335 parking stalls and is proposed to be temporary. Staff is including recommended conditions of approval that would require the removal of the south lot if any of three conditions occurs. The proponent is also seeking a PUD waiver to allow off-site parking. Dave Pelner,representing UHG, said this is a 90-acre parcel, the westerly most portion of which is owned by UHG and the easterly most portion is owned by AGNL Health. They are in the process of renovating the building and will be moving their technology team into the building when it is completed in approximately two weeks. He said there are 335 stalls in the south parking lot, which is intended to be temporary parking and will eventually be replaced by a parking structure. The 121 stalls in the north parking lot are proposed to be permanent. Tyra-Lukens said she was pleased they looked at the possibility of using pervious pavement. Mr. Pelner replied the nature of the soils there would not allow the proper infiltration with a pervious surface,but the storm water retention pond will take care of all the runoff. There were no comments from the audience. CITY COUNCIL MINUTES March 8, 2016 Page 6 MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District amendment within the I-5 Zoning District on 89.63 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Tyra-Lukens noted one of the concerns that occurs when a parking structure is close to a property line is the light scatter from the lighting. She said her understanding was that this project has low lighting and there will not be an overflow of light past the property line. Jeremiah said that question came up at the Planning Commission meeting, and the answer was that the project would meet all the requirements for shielding lights from the property line. VOTE ON THE MOTION: Motion carried 4-0. D. MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH CLIMATECH (Resolution No. 2016-44) Getschow said Climatech plans to invest about$1,300,000 to renovate the building at 6950 Washington Ave. S. in Eden Prairie and to purchase new equipment. To help offset these costs, they are pursuing a $480,000 forgivable loan (grant) through the Department of Employment and Economic Development's (DEED)Minnesota Investment Fund (MIF) program. This program requires the City to apply for the loan on behalf of the business and to act as the conduit between DEED and the business. DEED requires the City where the qualifying business is located to hold a public hearing before submitting an application. Climatech is a 100% employee- owned business that manufactures plastic profile extrusions and fabricates die-cut components of flexible materials. The funds received through the MIF will assist Climatech in purchasing new equipment. Climatech anticipates creating 20-30 new jobs with the move to the new facility in Eden Prairie. There were no comments from the audience. Nelson asked if this is a"clean-tech" type of industry. A representative of Climatech said it was. MOTION: Nelson moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2016-44 authorizing application to the Department of Employment and Economic Development (DEED) for a$480,000 forgivable loan to Climatech through DEED's Minnesota Investment Fund (MIF). Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES March 8, 2016 Page 7 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2016 COMMISSIONS Tyra-Lukens said the Council Members recently interviewed the applicants for the commissions and will be voting on the applicants tonight. Getschow said 22 applications were received this year for appointment to the City's commissions, which means the commissions will be almost at full strength this year. He noted there will be an orientation session for the new commission members on Wednesday, March 23. MOTION: Nelson moved to appoint to the Conservation Commission Michael Bennett and Ashley Young with terms ending March 31, 2019; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Kiely with a term ending March 31, 2019; Aho moved to appoint to the Heritage Preservation Commission Valerie Ross and Pamela Spera with terms ending March 31, 2019; Nelson moved to appoint to the Human Rights and Diversity Commission Sana Elassar, Joan Howe-Pullis, Ann Martinka, Shahram Missaghi and Leslie Philmon with terms ending March 31, 2019; Butcher Wickstrom moved to appoint to the Parks, Recreation & Natural Resources Commission Don Jacobson, Deb McBride, Matt Pellowsi and Kirk Spresser with terms ending March 31, 2019, and Larry Link with a term ending March 31, 2018; and Aho moved to appoint to the Planning Commission Mark Frieberg, Ann Higgins and Tom Poul with terms ending March 31, 2019. Butcher Wickstrom seconded the motions. Motion carried 4-0. B. 2016 BOARD & COMMISSION CHAIRS AND VICE CHAIRS Tyra-Lukens said the Council needs to appoint the Chairs and Vice Chairs for 2016 for the Board and Commission positions. MOTION: Nelson moved to appoint Lyndon Moquist- Chair and Annette O'Connor- Vice Chair of the Board of Appeal & Equalization; Butcher Wickstrom moved to appoint Lori Tritz - Chair and Amanda Anderson - Vice Chair of the Conservation Commission; Aho moved to appoint Steve Olson - Chair and Tara Kalar - Vice Chair of the Heritage Preservation Commission; Nelson moved to appoint PG Naryanan - Chair and Sana Elassar - Vice Chair of the Human Rights and Diversity Commission; Butcher Wickstrom moved to appoint Larry Link - Chair and Deb McBride - Vice Chair of the Parks, Recreation and Natural Resources Commission; and Aho moved to appoint Jon Stoltz - Chair and Andrew Pieper- Vice Chair of the Planning Commission. Nelson seconded the motions. Motion carried 4-0. XIV. REPORTS CITY COUNCIL MINUTES March 8, 2016 Page 8 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:32 PM.