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City Council - 06/14/2016 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 14, 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 Members Butcher Wickstrom and Nelson were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM KROMMINGA FAMILY FOR VETERANS MEMORIAL (Resolution No. 2016-70) Lotthammer said the Kromminga family members attended the recent ceremony at the Veterans Memorial and want to donate $1,000 to the memorial. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2016-70 accepting the donation in the amount of$1000 from the Kromminga family for the Eden Prairie Veterans Memorial. Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.13.1. MOTION: Case moved, seconded by Aho, to approve the agenda as amended. Motion carried 3-0. VI. MINUTES CITY COUNCIL MINUTES June 14 2016 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MAY 24, 2016 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, May 24, 2016, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 24, 2016 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 24, 2016, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow said Item VIII.C. should include the same condition that was included in the HRA motion that was just passed. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 12-2016 AMENDING CITY CODE CHAPTER 6, RELATING TO RIGHT-OF-WAY AND ADOPT RESOLUTION NO. 2016-71 APPROVING SUMMARY ORDINANCE. C. APPROVE AMENDMENT TO EDEN GARDENS DEVELOPMENT AGREEMENT D. ADOPT RESOLUTION NO. 2016-72APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2016 ELECTIONS E. ADOPT RESOLUTION NO. 2016-73 REGARDING SOUTHWEST LRT CORRIDOR-WIDE HOUSING STRATEGY F. ADOPT RESOLUTION NO. 2016-74 APPROVING MASTER JOINT POWERS AGREEMENT WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) G. APPROVE WETLAND BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT H. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM I. APPROVE CITY ENTRY MONUMENT SIGNS AGREEMENT WITH VISUAL COMMUNICATIONS FOR CONSTRUCTION AND ENGINEERING PLANS CITY COUNCIL MINUTES June 14 2016 Page 3 J. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR STARING LAKE PLAY AREA K. AWARD CONTRACT TO DULUTH COATING SOLUTIONS FOR FLOOR RESTORATION AT FIRE STATIONS 2 AND 4 L. AWARD CONTRACT TO MIDWEST ASPHALT CORPORATION FOR 2016 BITUMINOUS TRAIL REHABILITATION AND PEDESTRIAN RAMP INSTALLATION M. AWARD CONTRACT TO BLACKSTONE CONTRACTORS, LLC FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT N. AWARD CONTRACT TO SEBCO, INC. FOR 2016 BUILDING ENVELOPE RESTORATION O. AWARD CONTRACT TO LAVAN FLOORING FOR CITY CENTER CARPET REPLACEMENT P. AWARD CONTRACT TO CAVE CAFE, LLC FOR FOOD SERVICES IN THE GARDEN ROOM Q. ADOPT RESOLUTION NO. 2016-75 APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION R. APPROVAL OF CONTRACT WITH NATIONAL RESEARCH CENTER FOR 2016 COMMUNITY SURVEY MOTION: Aho moved, seconded by Case, to approve Items A-R on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VIEW ENCLAVE by Dave Weekley Homes-Minnesota. Request for Zoning District change from Rural to R1-13.5 on 10.71 acres and Preliminary Plat of 18 lots and 1 outlot on 10.71 acres. Location: 12701 Pioneer Trail. (Ordinance for Zoning District Change; Resolution for Preliminary Plat) Getschow said this project is the subdivision of 10.71 acres into 18 lots and 1 outlot. The preliminary plat shows 18 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 13,706 square feet to 22,191 square feet. The applicant is proposing a sidewalk along Surrey Street and connecting that sidewalk to the trail along Pioneer Trail. He said concerns about traffic issues were raised at the neighborhood meeting and at the Planning Commission meeting. The Planning Commission recommended approval of the project on a 7-0-1 vote at the CITY COUNCIL MINUTES June 14 2016 Page 4 May 23, 2016 meeting, with the recommendation that the project include a secondary access and that it not include the cul-de-sac. There is a recommendation from the Planning Commission for a temporary access for construction to help minimize the impact on the neighborhood. He understood we have received positive verification from the County that the temporary access is possible. There was an original request for a PUD with waivers for the length of the cul-de-sac,but that is not necessary if there is to be no cul-de-sac. Tyra-Lukens noted the materials included in the Council packet are confusing because some of the pages show the second access in different positions. Jeremiah said there are some inconsistencies and some pages need to be updated; however, that could be worked out prior to second reading. Ellis said we are having conversations with Hennepin County about a temporary access off Pioneer Trail. He thought there are additional design details to be worked out to see what the access would look like. Tyra-Lukens asked the proponent what the anticipated price range of the homes would be. Ian Peterson,proponent,replied they would be in the $600,000- $800,000 range. Tyra-Lukens then asked if there will be a monument sign for this development. Mr. Peterson replied there probably will not be one, but they are still considering alternatives. Case questioned the location of the development that appears to be partially in Zones A and B of the airport. He understood it was illegal to build in Zone A. Mr. Peterson said they received a letter from the Metropolitan Airport Commission (MAC) with a map that outlines permitted residential uses. In addition, today they received a letter from the FAA answering the Planning Commission's question about development near the white beacon and clearing four different sites for development. Aho commented the homes will be in very close proximity to the airport and asked if they will be doing anything different in terms of soundproofing. Mr. Peterson replied they will use soundproof windows and different insulation and may adjust the venting of the pipes. Tyra-Lukens asked if they will disclose information to potential buyers that they would be buying in the Airport Zone A or B. Mr. Peterson said that is required by the MAC, and they will disclose that information. Jeremiah noted we are double checking that with the MAC and will be requiring disclosure as part of the development agreement. Tyra-Lukens said she wanted to make sure the City was protected from owners complaining that we allowed development in that close proximity to the airport. Case asked what development is allowed within Zone B as he recalled there were restrictions. City Attorney Rosow said he reviewed this with the Planning Department. The JAZB zoning ordinance we worked on has never been adopted, and the MAC put a hold on the process. We are not under a requirement to restrict, CITY COUNCIL MINUTES June 14 2016 Page 5 and without an ordinance there would have to be another reason to not allow the development. Zone B of the airport property has a limit on the number of units within an acre, and this property would meet the requirements. This is not a matter for us to enforce,but rather it is for the MAC to decide. Case said he thought Zone A was under Federal jurisdiction with the FAA and Zone B came out of the State. Rosow said there is an overlap between Zones A and B in the Federal zone, so the no-build zone lines up with Zone A and Zone B lines up with the limitations on height and density of congregations of people per acre. Case said the bigger maps included in the Council packets are showing Zone A deliberately marked into Lot 15, making it difficult to build a house there. He asked Mr. Rosow if he was saying this is not our issue to enforce. Rosow replied it is for the MAC to enforce that requirement, and we don't have a zoning restriction in place. Case said, with respect to this,he has not known any development for the last twenty years that has included this much Zone A and B property, yet the MAC is approving it. He noted we have struggled over this for years, and this seems to be contrary to our experiences in the past. Rosow said Grace Church would be an example of a large congregation of people in one building. Case said he did not recall any development project on private property that had Zone A on one of the lots, and that had Zone B cutting across eight of the lots. He was very uncomfortable with this project. Rosow asked if the timing would work to continue this to the next meeting to go more fully into these questions. Jeremiah said we would have an opportunity to bring this back at the July Council meeting. Mr. Peterson said the March 9 letter to the City from the MAC advised that this is a permitted use for a residential area. The project has been with the City for some time. The determination from the MAC was that there is no hazard to air navigation for each of the four designated sites. Case said the letter seems to imply there is no hazard to aviation,but Zones A and B are there to protect people on the ground. He noted the Council Members are here to represent the residents. Tyra-Lukens asked if all of the documents we have seen from the developer will be included in the information for this plan. Jeremiah said we have the opportunity to add the documents from the MAC into the development agreement. Rosow said the State rule requirements with respect to Zone A are no building. Zone B is restricted as to uses and is based on site areas,building size, and the population. Case said he would favor continuing this in order to have more of the documentation and the letters back and forth from the MAC and also to give staff a chance to check with the MAC. He would like to get our maps lined up, to review CITY COUNCIL MINUTES June 14 2016 Page 6 the 2001 documentation regarding the airport, and to learn where this has come up in the past where Zone A would touch one lot and a lot of the property would be in Zone B. Tyra-Lykens asked if we would be able to do first and second reading in July. Rosow said that would be possible,but a unanimous vote is required to approve both first and second reading at the same meeting. Mr. Peterson said they first met with staff on August 3, 2015, and were asked to add the parcel to the west. They have invested a lot of time on that and have a lot of expense ono the plans. They set up a meeting with the County,but no one from the City attended the meeting. The letter to the City from the MAC was sent on March 3. He asked the Council to consider approving first reading tonight and second reading in July so they can keep their obligations to the family. Tyra- Lukens noted this is part of a process and we aren't trying to set up road blocks, rather we are doing what we can to protect the City. Jack Fedora, 9820 Tree Farm Road, said there was discussion at the neighborhood meeting about a right turn in, right turn out access but he was confused about whether the second access was mandatory and if it was to be temporary. Ellis replied there are two issues involved. Staff would like to have a temporary access at a minimum,but the discussion is leaning towards temporary access to Pioneer Trail until the MAC development would occur which would provide a permanent access to Pioneer Trail. Mr. Fedora said two years ago there was discussion about the MAC Parcel 6, and the MAC took it off the table when there was pushback on the whole idea of developing Parcel 6. Getschow said the Council created zoning classifications for the MAC properties except for Parcel 6, and we said we would consider rezoning if a proposal came forward. Fedora questioned if it can be a safety zone if you fill it with houses. He thought we need to protect the people on the ground. Patrick Prom, 12661 Pioneer Trail, said he has lived there for 38 years and shares the end of the driveway. He met with the developer about getting a wider driveway. Mr. Peterson replied they have invested a lot of time with Mr. Prom on this. There is no permanent easement for him,but they discussed relocating the driveway along the power pole and plan to grant him an easement until his property develops. They would have to remove one tree as part of the relocation. They would pave a section of the driveway that is currently not paved and would make that a part of the development agreement. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 3-0. Case said his preference would be to continue this. Aho said we could approve first reading and do all the due diligence between now and the July meeting. He did not like doing first and second reading on the same night and would prefer that we have a normal process. We would still have the CITY COUNCIL MINUTES June 14 2016 Page 7 flexibility and time we need to do the research and to make any further changes needed. Tyra-Lukens said she would also prefer to approve first reading tonight, incorporate the 12-foot driveway, get further information from the MAC, and include more accurate maps. Case asked what a vote of 2-1 would mean tonight. Getschow suggested the Council could approve first reading of the ordinance for zoning change and wait until second reading to adopt the resolution for preliminary plat. Rosow said there is a quorum and a majority of the quorum can approve the item. A change to the Comprehensive Guide Plan requires a 4/5 vote of the entire City Council;however, a zoning change from Rural to R1-13.5 does not require a super majority. Case said he would vote against it if we had to replat tonight. The developer has provided a hand drawn map from the MAC and a statement from the MAC that the height of the buildings is okay,but we have a map in our packet that shows Zone A cutting Lot 15 in half. He was fine with passing the zoning district change tonight and then coming back at the July meeting for approval of the preliminary plat after we get more information. MOTION: Aho moved, seconded by Case, to approve first reading of the ordinance for Zoning District change from Rural to R1-13.5 Zoning District on 10.71 acres and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and the condition that staff bring back information sufficient for the City Council to determine that the proposal is appropriately under legal standards. Case said he would want to see consistency with the information and the maps and would also like to have staff contact the MAC and get a map from them. VOTE ON THE MOTION: Motion carried 3-0. B. APPROVING ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) (Resolution No. 2016-76) Getschow said there have been past projects where a city council has done financing for non-profit organizations. In this case the City of Greenwood could provide the conduit financing for the school,but the City in which the project is located must acquiesce to the financing. The current charter school, Eagle Ridge, is relocating to Minnetonka, and the Main Street School of Performing Arts in downtown Hopkins is proposing to move to this facility. Greenwood would issue bonds for this project. The Council must hold a public hearing and adopt a resolution approving the financing. CITY COUNCIL MINUTES June 14 2016 Page 8 Aho noted this is in no way impacting the City's financing and is completely outside the City's finances. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2016-76 approving the issuance by the City of Greenwood, Minnesota of Charter School Lease Revenue Bonds, Series 2016A AND Series 2016B (Main Street School of Performing Arts Project). Motion carried 3-0. 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, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow said this was a record year for applications for the Students on Commissions positions. Most of the applicants were able to get their first choice. MOTION: Aho moved to appoint to the Conservation Commission—Emilie Cleveland, Zoe Pettit, Annika Quam, and Hayden Bunn; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission —Connor Pesheck, Ben Shephard, and James Hilton; Case moved to appoint to the Heritage Preservation Commission—Carolyn Mason, Alyssa Meiners, Taylor Wolf, and Sienna Gambino; Aho moved to appoint to the Human Rights and Diversity Commission —Nia Colebrooke, Asiya Gelle, Ashwin Senthilkumar, Adrienne Retzlaff, Angela Lin, and Carter Rislove; Case moved to appoint to the Parks, Recreation, and Natural Resources Commission—William Hemier, Phillip Kuhn, Conor Reding, Stephan Wenc, and Kirsten Johnson. Seconded by Aho. Motion carried 3-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Retirement of Police Chief Reynolds Getschow said Police Chief Rob Reynolds will retire at the end of June. CITY COUNCIL MINUTES June 14 2016 Page 9 Chief Reynolds started with the City of Eden Prairie in May of 1985. Over the past 32 years he has risen through the ranks to become Chief in 2007. He said Chief Reynolds has been a great leader who has led a great department, and we appreciate his service to the City. Chief Reynolds said he was fortunate to fall into the perfect spot and was proud of the organization and proud to be involved with the City of Eden Prairie. 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: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 8:09 PM.