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City Council - 03/07/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 7, 2017 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2017 B. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 14, 2017 C. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 14, 2017 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council workshops held Tuesday, January 17, and Tuesday, February 14, 2017, and the City Council meeting held Tuesday, February 14, 2017. Motion carried 4-0. CITY COUNCIL MINUTES March 7, 2017 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. PRESTIGE DAYCARE by Shingobee. Request For Site Plan Review on 3 Acres of Un-Platted Land within 35-acre Parcel of Metropolitan Airports Commission (Mac) Owned Property (Resolution No. 2017-30) B. WOODLAND 3RD ADDITION DEVELOPMENT AGREEMENT AMENDMENT by Andrei Osinksy. Amend Development Agreement to Reflect Tree Replacement Requirements. (First Amendment-Woodland 2nd Addition; Second Amendment—Woodland 3rd Addition) C. APPROVE SECOND READING OF ORDINANCE NO. 2-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO CELL TOWERS AND ANTENNAS AND ADOPT RESOLUTION NO. 2017-31 APPROVING SUMMARY ORDINANCE D. APPROVE PURCHASE OF FREEMOTION FITNESS EQUIPMENT FOR COMMUNITY CENTER E. AWARD CONTRACT FOR HOLASEK HILLS TENNIS COURT REHABILITATION TO NORTHWEST ASPHALT, INC. F. AWARD CONTRACT FOR OUTDOOR CENTER PLAY EQUIPMENT TO WEBBER RECREATIONAL DESIGN G. AWARD CONTRACT FOR HIDDEN PONDS OUTFIELD FENCING REPLACEMENT H. AWARD CONTRACT FOR RILEY LAKE PARK FENCING OUTFIELD FENCING REPLACEMENT I. AWARD CONTRACT FOR SUPPLY OF BITUMINOUS CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY J. AWARD CONTRACT FOR STREET SWEEPING TO PEARSON BROS. K. ADOPT RESOLUTION NO. 2017-32 TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC HEARING DATE FOR EDEN PRAIRIE ROAD EXTENSION L. AMEND CONSERVATION EASEMENT OVER LOTS 1 AND 2, BLOCK 1 OF SETTLERS WEST CITY COUNCIL MINUTES March 7, 2017 Page 3 M. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR UTILITY RATE ANALYSIS FOR WATER, SANITARY SEWER,AND STORM DRAINAGE N. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS MOTION: Nelson moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. 2017 CDBG FUNDS (Resolution No. 2017-33) Getschow said this is a public hearing to consider the allocation of Community Development Block Grant(CDBG) funds the City receives from the Federal government on an annual basis. We are planning to receive $200,000, but the actual amount the City will receive is not available at this time. The funds are used for programs that benefit those of low and moderate income. Funding recommendations were made by the Eden Prairie Human Services Review Committee after reviewing the 2017 funding applications and the distribution percentage of funds in 2016. He reviewed the amounts recommended for the eight programs that will receive funding. Case asked if it was common practice in the past for us to allocate the funds prior to receiving the exact amount of Federal funding. He also asked if this amount is contingent on approval by this year's Congress. Jeremiah said the Federal government's year starts in July, so she did not believe they have been approved yet. The recommendations are based on expectations and recommendations from staff. It is typical that we don't know the amount at this time; however, we must have a public hearing on the action plan. The amounts would be adjusted if necessary;however, the total amount of$200,000 for the funding recommendations is a fairly conservative number. Case said he is hearing talk at the Federal government level about funding for additional spending in the military budget that would be pulled from this type of discretionary funding. He asked if we would cut the allocation amounts by a similar percentage if there were cuts made to this funding. Jeremiah replied cuts would be made first to the housing rehab program. She noted the programs are not getting the amounts they requested, and, if adjustments are necessary, staff tries to equalize those. She said staff could come back to the City Council if we have to do deep cuts. Jon Burkhow, Director of Household & Outdoor Maintenance for Elderly (HOME), said their program helped 29 seniors in Eden Prairie in 2016. He thanked the Council for the funding and support. He also thanked the volunteers from Eden Prairie organizations who helped this year. CITY COUNCIL MINUTES March 7, 2017 Page 4 Janet Palmer, Executive Director of PROP Food Shelf, said the support provided from these funds helped 17 families with rent in 2016. Others were helped through the emergency vehicle repair funding. She noted they have lost some funding sources, and the supply of affordable housing keeps diminishing. She wanted to make the Council aware of how important the funds are. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2017-33 approving the use of 2017 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 4-0. Case noted these requests are vetted very closely, and this program is a Federal government pass through. B. CEDARCREST STABLES by Pemtom Land Company. First Reading of Ordinance for Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres; Resolution 2017-34 for PUD Concept Review; Resolution 2017-35 for Preliminary Plat of one lot into 17 lots on 10.65 acres. (Ordinance for Zoning District Change; Resolution No. 2017-34 for PUD Concept Review; Resolution No. 2017-35 for Preliminary Plat) Getschow said the project involves the subdivision of a 10.65-acre property into 17 single family lots. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property from Rural to R1-9.5 and R1-13.5. The lots along Stirrup Lane, which are proposed to be zoned R1-9.5, range in size from 10,178 square feet to 23,669 square feet. The lots proposed to be zoned to R1-13.5 range in size from 26,181 square feet to 36,968 square feet. The applicant is also requesting approval of a Planned Unit District review with waivers. The requested waivers include the following: the Valley Road cul-de-sac length changed from 500 feet to 570 feet; and the driveway setback for shared driveways on Lots 11-13 may be closer than 3 feet from the property line. The Planning Commission voted 5-0 to recommend approval of the project at the February 13, 2017, meeting. Dan Blake, representing Pemtom Land Company, addressed the proposal. The project is located just west of Eden Prairie Road and is surrounded by property that was developed in the late 1990's. The property owners operated an equine facility there for about 20 years. The lower one-third of the property is fairly wooded, and the rest is pasture land. Stirrup Lane and Cedarcrest Drive will be extended to connect as part of the project, and Valley Road will be extended as a cul-de-sac in the project. The 17 lots will be bigger than some developments in the zoning districts. They expect the houses to sell in the $650-800,000 range. If the project is approved, they would plan to start construction with good weather this spring. Home building would start later this year. There were no comments from the audience. CITY COUNCIL MINUTES March 7, 2017 Page 5 MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Case said he walked the property today and wanted to verify the unimproved road leading into the existing home would be improved. In addition, he noticed that Stirrup Road is quite elevated on the north side, and the four acres included in Block 1, Lots 1-4 will be located in a bowl. Mr. Blake said that was true to some extent, and the lots on the south side will have some fill. Lots 1-4 will be cut into the hill, and there will be a catch basin in the back of Lot 1 for drainage. Case asked about the catch basin in the neighboring lot to the west. Mr. Blake replied they have worked with that neighbor and will reroute the pipe into the pond they will create for the project. Case said the Council has discussed the concept of heritage trees, and a large oak tree that might be considered to be a heritage tree has sustained tremendous damage. While we continue to be very sensitive of our heritage trees,he was not sure that particular one should be saved because of the damage it has sustained, so that tree may not be deserving of credit in the tree replacement plan. He noted he was pleased with this project--a skinny one that fits in nicely with the surrounding properties. Nelson asked if this area will have sidewalks. Mr. Blake said there will be a bike path on the south side. Nelson asked if they will keep as many trees around the edges as possible. Mr. Blake said they plan to take some trees out of the south 1/3 of the property if necessary for the road building. They have based their tree replacement policy on their best estimate of the house pad locations on the lots. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-34 for a Planned Unit Development concept review on 10.65 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers and a Zoning District change from Rural Zoning district to R1-13.5 on 7.19 acres and from Rural to R1-9.5 on 3.46 acres; to adopt Resolution No. 2017-35 for preliminary plat of one lot into 17 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION Getschow said this ordinance does not need second reading tonight. While working with development teams and individual residents, inconsistencies between the building code and zoning code definition of building height have come to staff s attention. In order to reduce the inconsistencies and provide for a building height definition that is more user friendly, staff is proposing the definition of building height be revised in the zoning ordinance. At its January 23, 2017 meeting, the Planning Commission voted 8-0 to recommend approval of the text amendment to Section 11.02 subject to the information in the staff report dated January 19, 2017. CITY COUNCIL MINUTES March 7, 2017 Page 6 There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to approve first reading of the ordinance to amend City Code Section 11.02 to revise the definition of building height and add the definition of grade plane. Motion carried 4-0. D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT Getschow said some current development proposals would be affected by changes to the tree replacement ordinance, therefore staff is requesting both first and second reading of the ordinance tonight. Approving both first and second reading would require unanimous approval by the Council. He noted the Council spent much time in 2016 discussing an update to our tree replacement ordinance. An amendment to the ordinance was approved by the Council in 2016,but did not include one item that was discussed during the year. Tonight's amendment addresses that discussion and would give a credit of up to 50% for saving heritage trees. At its February 27, 2017 meeting, the Planning Commission voted 7-0 to recommend approval of the text amendment to Section 11.55. He noted the City Forester would work with the developer to identify trees that were damaged or otherwise should not be counted towards the heritage tree credit. Dan Blake, representing Pemtom Land Company, said the amendment would have a negative impact on an application they have submitted, and the owner of that property has asked to be exempt from this amendment. Case said he saw this as a positive change and asked how this could be perceived as negative. Mr. Blake responded that the wording,prior to this amendment, stated a credit is given for saving a heritage tree;however, this amendment now states the credit would be limited to 50%. Case asked if there is any precedence regarding any proposals that are in the pipeline. Getschow said the Council has the ability to make an exemption for a particular project. Since the project application has been submitted, this amendment might not apply. Aho asked what the impact would be on the project. Mr. Blake said that site is very wooded and has many heritage trees. Getschow suggested the Council go forward only with first reading to have time to determine the issue with this application before second reading. Butcher Wickstrom said she would prefer to do only the first reading tonight because the project appears to be caught in the crossfire. Case said we have been very successful at preserving trees, which was the Council's intent when the original tree preservation ordinance was revised. He saw this as a small tweak, and it doesn't sound like it would be a problem to give a waiver down the way, if necessary. CITY COUNCIL MINUTES March 7, 2017 Page 7 Nelson asked why we are looking at limiting the credit to 50% instead of the way it is currently written. Jeremiah replied staff s understanding from discussions with the Planning Commission and the City Council regarding heritage tree preservation was that some limits were desired. She noted the exact amount of credit is open to discussion. Nelson said it would seem we would want to save what we can of the heritage trees. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to approve first reading of the ordinance to amend City Code Section 11.55 to revise the credit for heritage trees in tree replacement requirements. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, and Nelson voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF ORDINANCE NO. 3-2017 AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE FOR CONSERVATION COMMISSION AND HUMAN RIGHTS & DIVERSITY COMMISSION Getschow said two weeks ago the City Council interviewed close to 40 people for openings on the City boards and commissions. That is a record number of people interested in serving on our boards and commissions. There are two commissions, the Conservation and Human Rights and Diversity Commissions, that are in the five to seven-member range. The Human Rights & Diversity Commission had close to 20 applicants for just one position. The thought is to increase the size of the two commissions to be 5-9 positions, which would provide some flexibility and would match the size of the other commissions. MOTION: Nelson moved, seconded by Aho, to approve first and second readings of Ordinance No. 3-2017 amending City Code Section 2.23, Subd. 3,relating to the membership range for the Human Rights and Diversity Commission and the Conservation Commission. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2017 COMMISSIONS MOTION: Aho moved to appoint to the Conservation Commission Daniel Katzenberger, Kate Lohnes, Nate Pischke, and Lori Tritz with terms ending March CITY COUNCIL MINUTES March 7, 2017 Page 8 31, 2020; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Dorsen, Braj Agrawal, and Keith Tschohl with terms ending March 31, 2020; Case moved to appoint to the Heritage Preservation Commission Shanti Shah and Meredith Anderson with terms ending March 31, 2020; Nelson moved to appoint to the Human Rights and Diversity Commission Harvey Humes, Katherine Lucht, and Rehmatbai Sumra with terms ending March 31, 2020; Aho moved to appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Leonard Pescheck, and John Rahman with terms ending March 31, 2020; and Butcher Wickstrom moved to appoint to the Planning Commission John Kirk, Andrew Pieper, Chuck Webber, Christopher Villareal, and Michael DeSanctis with terms ending March 31, 2020. Nelson seconded the motions. Motion carried 4-0. Nelson noted we plan to ask some applicants who were not appointed to serve on boards and commissions to serve on task forces. Getschow said that was correct. We want to use all the talent we have in the City; therefore, we plan to ask the 13 people who did not get placed on the Human Rights and Diversity Commission this year to serve on task forces that will be formed. B. 2017 COMMISSION CHAIRS & VICE CHAIRS MOTION: Aho moved to appoint Lori Tritz - Chair and Ashley Young - Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Keith Tschohl - Chair and Bob Barker - Vice Chair of the Flying Cloud Airport Advisory Commission; Case moved to appoint Steve Olson - Chair and Tara Kalar - Vice Chair of the Heritage Preservation Commission; Nelson moved to appoint Sana Elassar- Chair and Gregory Leeper- Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link - Chair and Debra McBride - Vice Chair of the Parks, Recreation and Natural Resources Commission; and Butcher Wickstrom moved to appoint Andrew Pieper - Chair and Ed Farr- Vice Chair of the Planning Commission. Nelson seconded the motions. Motion carried 4-0. 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. Approve RJM Change Order No. 1 For Aquatics Expansion Project Lotthammer said construction of the aquatics and fitness expansion of the Community Center has been completed. This request is to act on Change CITY COUNCIL MINUTES March 7, 2017 Page 9 Order No. 1 with RJM Construction, who acted as our construction manager over the two years of construction of the expansion. Changes were required for unexpected circumstances, items that were not included on the original plans, and some items that brought about project savings. The total contract amount increases from$19,100,649 to $19,875,096, or a net amount of $774,447 for the additions and savings. Aho commented he calculated the percentage change for this to be about 4% of the original contract. He noted it is typical to have a contingency of 5-7% for a large project such as this, so he believed a 4% increase in the total scope of the project is not unwarranted. Lotthammer said there was a contingency of$600,000 built into the original project budget. In addition, there are funds available from bond premium proceeds and from a CIP project that has been determined not to be feasible, so this change will not increase taxes nor will it bring a need to bond any further. Case said he felt the change falls within the normal contingency provision, and many of the items added value to the project. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve RJM Change Order No. 1 for the Aquatics Expansion Project in the amount of $774,447. Motion carried 4-0. 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 Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:05 PM.