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City Council - 04/04/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 4, 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 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. DONATION FROM FLYING CLOUD ANIMAL HOSPITAL FOR ANIMAL OPEN HOUSE (Resolution 2017-39) Lotthammer said the City received a donation of$200 from the Flying Cloud Animal Hospital towards the Animal Open House held at the Staring Lake Outdoor Center. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2017-39 accepting the donation of$200 from the Flying Cloud Animal Hospital towards the Animal Open House. Motion carried 5-0. B. DONATION FROM FRIENDS OF EDEN PRAIRIE LIBRARY FOR SPECIAL EVENTS (Resolution 2017-40) Lotthammer said the Friends of the Eden Prairie Library have donated $200 to be used for the Arts in the Park, Animal Open House and Fall Harvest events. MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2017-40 CITY COUNCIL MINUTES April 4, 2017 Page 2 accepting the donation of$200 from the Friends of the Eden Prairie Library towards three special events. Motion carried 5-0. C. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 6, 2017, as Arbor Day in the City of Eden Prairie. D. EP GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 23-29, 2017, as "EP Gives Week." Mark Weber, representing the Eden Prairie Foundation, accepted the proclamation and said "EP Gives Week" is meant to inspire volunteerism in the community. The proclamation recognizes the work of nonprofits, service clubs, community-minded organizations and individuals whose spirit of philanthropy, charitable giving and volunteerism make Eden Prairie a great place to live, work and play. A Volunteer Fair will be held on Thursday, April 27, in the Education Center at Eden Prairie City Hall. The fair will provide opportunities to the public to learn more about volunteer opportunities in Eden Prairie. The annual Eden Prairie Foundation fundraiser will be held on April 29, 2017, from 6:00 to 11:30 p.m. at the Oak Ridge Conference Center. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.J. to the Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2017 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, March 21, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2017 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 21, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES April 4, 2017 Page 3 A. CLERK'S LICENSE LIST B. APPROVE PURCHASE OF MOBILE LICENSE PLATE READERS C. APPROVE PURCHASE AND IMPLEMENTATION OF DISK TO DISK BACKUP FROM WORKS COMPUTING D. APPROVE 2016 UNBUDGETED FUND TRANSFERS E. AWARD CONTRACT FOR CRACK SEALING PROJECT TO AMERICAN PAVEMENT SOLUTIONS F. AWARD CONTRACT FOR STRIPING TO WARNING LITES OF MINNESOTA, INC G. APPROVE PURCHASE OF TRIMBLE GIS LOCATING EQUIPMENT H. DECLARE SURPLUS PROPERTY I. ADOPT RESOLUTION NO. 2017-41 APPROVING PARTNERSHIP AGREEMENT WITH MNDOT FOR COST PARTICIPATION OF TRAFFIC SIGNAL RECONSTRUCTION J. APPROVE SETTLEMENT AND RELEASE AGREEMENT BETWEEN RJM CONSTRUCTION AND THE CITY OF EDEN PRAIRIE MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE STREET AND UTILITY IMPROVEMENTS (Resolution No. 2017-42) Getschow said this is a project that has been discussed the last several years. The City Council authorized a feasibility study for street and utility improvements to the southerly section of Eden Prairie Road on June 18, 2013. Subsequently, the City Council authorized a feasibility study on June 16, 2015 to review options to serve the Lion's Tap and adjacent property with city sanitary sewer and water service, based on a petition. The Lion's Tap Utility Options feasibility report was received by the City Council on February 14, 2017. At that meeting, the City Council directed staff to incorporate the recommended utility improvements into the Eden Prairie Road Extension to Flying Cloud Drive feasibility report. Because the City Council authorized the preparation of the southerly Eden Prairie Road feasibility study without a valid petition, approval of the project will require a 4/5 majority CITY COUNCIL MINUTES April 4, 2017 Page 4 vote. He noted many neighborhood meetings have been held to discuss the project. Rod Rue, City Engineer,reviewed the scope and details of the project. He said this area of Eden Prairie has been under study for improvements since 2001. The northerly portion of the Eden Prairie Road project(south of Riley Creek) was completed in 2015, and the project costs were levied to the benefitting properties in October 2015. He said the Council discussed the Lions Tap site at the meeting two weeks ago, and tonight is the portion of the feasibility study for Eden Prairie Road improvements. He presented a map of the proposed improvement and assessment area that showed the proposed realignment of Eden Prairie Road and the MUSA line. He noted Lions Tap is outside the MUSA line but was approved in 2014 to receive City sewer and water services. He reviewed the proposed realignment of the road and noted there will be a trail on the east side of Eden Prairie Road. As part of the project, the City purchased Outlot B which could become some type of amenity. He reviewed the proposed assessment area for the street and storm drainage improvements. He said the sewer and water improvements will be made along the existing roadway down to the Lions Tap property. A lift station will be located near Lions Tap. Rue said the City's portion of the sewer and water improvements will be financed primarily by means of City bonds, with the exception of the Lions Tap property which will be assessed for the sewer line extending easterly from the lift station and for half the cost of the lift station. There is some development potential for the sites, and there will be a City connection fee at the time any of the sites are developed and connect to sewer and water. Rue said the total cost of the project is $4,485,300, 22% of which would be covered by assessments and connection fees. He reviewed the schedule for the project, noting the project should be substantially completed by November, 2018, with final completion by July, 2019, if Hennepin County's Flying Cloud Drive project remains on schedule. The final assessment hearing would be held in October, 2019. Nelson asked if people who live along the road would be able to connect to the sewer line. Rue said properties that are within the MUSA line can easily connect,but properties outside the MUSA line would have to go through a process to get approval from the Met Council and the City Council. Nelson then asked if people will not be assessed until they connect or sell the property. Rue replied all the properties would be assessed for sewer and water as they connect,but the street and storm drainage improvements would be assessed at the hearings to be held in 2018. Nelson asked if that means no one would be hit by the total assessment at once. Rue said that was correct. He reviewed a spreadsheet of the preliminary assessment rolls for the project. Case asked about the number of potential units for Parcels 40 and 41. Rue said, with the exception of the easterly piece, those properties are outside the MUSA line, so most of the units would have to be approved for sewer and water by the Met Council. Case asked if the situation would be that the sewer and water assessment would occur as the property develops if the MUSA line were to be changed,but the CITY COUNCIL MINUTES April 4, 2017 Page 5 street and drainage assessment would have already been included. Rue responded a sewer and water stub was placed off Flying Cloud Drive so access is available; however, there were no street or drainage assessments for Parcels 40 and 41 because they don't have access to Eden Prairie Road. Case asked about the two buildable units on Parcel 35. Rue replied that number is based on potential of two buildable units on the flat area near the top of the property. Case asked why we are assessing $16,640 for Parcel 36. Ellis replied this lot has historically been challenged because no sewer and water was available and the 14% grade on the existing road meant this would be an unsafe lot for a house. The property now has the potential for development because the realigned and improved road decreases the curve and the grade. The Met Council and the City Council would have to approve that property for sewer and water before it could be developed. Staff wanted to leave it on the rolls and see what happens in the next two years. Case asked if they could build one house there. Ellis responded the Met Council would have to grant approval. Case said it feels uncomfortable to do assessing for an unbuildable lot with the current configuration of the MUSA line. Ellis noted we are not doing the assessing tonight. Case asked why we are putting a plan in place to assess an unbuildable lot rather than assessing it when it becomes buildable. Rosow said if the property were not included in this stage, it could not be added in the future. This is the preliminary stage, and these are proposed assessments. The parcel could be excluded at a later date but could not be added in. The property could be assessed if the circumstances change so it can be developed, or the property could be pulled from the rolls two years from now when the assessment occurs if changes have not been made. Rue noted the street and storm drainage assessment could be deferred with interest since this is a vacant parcel. Dean Edstrom, 10133 Eden Prairie Road, said he has lived on his property for many years and wants the road to stay where it is. He was perfectly happy with the road as it is because the condition and alignment of the roadway keeps the traffic down. He was concerned about overall development on the bluffs. The development of homes north on Eden Prairie Road is causing increased traffic on the road as more people use the road who don't reside in the immediate neighborhood. Extending Eden Prairie Road to the west makes it an enticing shortcut and would create a great deal more traffic. Adam Buenz, 10100 Eden Prairie Road, said Eden Prairie should assume some of the cost of the assessment for his property. His is the primary parcel where the land acquisition will come from, and the road will be aligned close to his home. Tyra- Lukens asked if the assessment was 25% of the cost of the property. Mr. Buenz replied it was about 115 of the cost. Tyra-Lukens asked staff to address Mr. Buenz' point about the new road moving closer to the house. Rue said there is a very sharp curve and steep grade in that area of the road. The realignment flattens the grade to 10% and makes the curve a 30 MPH road in order to build the road to CSAH CITY COUNCIL MINUTES April 4, 2017 Page 6 standards. He said it may be possible to sharpen the curve somewhat, and there will be some right-of-way purchasing to make the realignment happen. Tyra-Lukens asked if there could be retaining walls built so the road didn't have be graded into the property. Aho said Mr. Edstrom brought up a good point regarding assessments, in that the residents are not asking for the improvements and the improvements are a result of development that has taken place in the area. He asked if there is any standard that allows us to assess a greater area than just the adjacent properties. Ellis replied we are applying much the same methodology as was used in Phase 1 of the Eden Prairie Road improvements. It is a philosophy that has been used as the City has grown. The first 600 feet of improvements to Eden Prairie Road will be assessed to the properties, and the City will cover the rest. That would be very consistent with Phase 1 of the Eden Prairie Road improvements and other roadways in the City. Aho asked if a property owner who has a house on one lot and owns two undeveloped lots would not see the assessments until they were developed. Ellis said the homesteaded parcel would be assessed for one street and storm drainage assessment,but the assessment on the other two lots would be deferred until they were developed. Case was concerned that changing in mid-course would be unfair for everyone involved in past assessments and would set a different precedent. Michelle Wolter said she owns Parcel 27. She did not think it was fair that she paid for Phase 1 of the road construction and now she is being assessed again. Tyra- Lukens asked why one unit is being assessed for improvements that were already assessed as part of the first phase. Rue said this parcel was discussed at the Phase 1 hearing, and about 2/3 of the property frontage was included in Phase 1 of the improvements. At that time, it was one parcel, and they were assessed for one unit and deferred for one. Since that time the lot has been split, and the top part of the lot became a buildable lot. Since the parcel has been assessed for Phase 1 improvements, the assessment for the street and drainage improvements is deferred until the other lot is developed. Perry Ryan, 10197 Eden Prairie Road, said he sympathized with some of the comments made by the other property owners; however, he was generally in favor of the project and thought City staff did a good job. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2017-42 ordering improvements and preparation of plans and specifications for Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES April 4, 2017 Page 7 MOTION: Butcher Wickstrom moved, seconded by Nelson, 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 1. Mayor's Water Challenge (Resolution No. 2017-43) Tyra-Lukens said Eden Prairie has participated in the Mayor's Water Challenge for the past six years. The purpose of the challenge is to increase residents' awareness of conserving water and energy and to have a more sustainable community. We have won an award for our participation every year, and we hope to do so again. The challenge continues throughout the month of April, and residents can learn more on the City website. Getschow said there is a button on the website that links to mywaterpledge.com. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-43 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF 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 Nelson said she would like to determine what we must do to petition for the extension of the MUSA line because she would like to begin the first steps of that process. Case said he would be very cautious of moving the line in the area along the bluffs; however, there may be other CITY COUNCIL MINUTES April 4, 2017 Page 8 areas we can carve out. Nelson said we may need to have a conservation area for the bluffs,but she would like a report on the whole topic, including the options available to us. Getschow said staff could do that. He noted the MUSA line is a line drawn for sewer and water that is independent of concerns about the bluffs or other issues; however, we have many mechanisms in place that can be used to protect bluffs and slopes. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:10 p.m.