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City Council - 04/18/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 18, 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. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN Hennepin County Attorney Mike Freeman commended Police Chief DeMann on the well-educated and well-trained police officers in Eden Prairie. He said Eden Prairie has a remarkably low crime rate, and the community organizations make a lot of difference in that. He reviewed some of the issues faced by his office, such as opioid and other drug problems,juvenile diversion, school truancy and curfew, and gun violence. Tyra-Lukens thanked Mr. Freeman for his work. She noted his office gets things done in a very small and cramped space She commented the Jamar Clark case must have been a very difficult one. B. PRESENTATION OF SUN CURRENT READERS' CHOICE `BEST REC CENTER"AWARD FOR THE EDEN PRAIRIE COMMUNITY CENTER Valerie Verley, Community Center Manager, said the Community Center has almost 1,000,000 visitors annually, and family memberships are up 30% since the new Aquatics Center opened. She presented the award to Mayor Tyra-Lukens, and CITY COUNCIL MINUTES April 18, 2017 Page 2 noted this is the third year the Community Center has received the "Best Rec Center" award. C. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM ANDERSEN WINDOWS (Resolution No. 2017-44) Lotthammer said this is a$500 donation towards Arts in the Park from Andersen Windows. He noted this event is gaining a lot of support. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-44 accepting the donation of$500 from Andersen Windows to go towards the Arts in the Park event. Motion carried 5-0. Tyra-Lukens noted Arts in the Park event will take place on May 20 at Purgatory Park. D. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM SKIN ENVY (Resolution No. 2017-45) Lotthammer said this is a $500 donation from Envy Skin Clinic towards Arts in the Park. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2017-45 accepting the donation of$500 from Envy Skin Clinic to go towards the Arts in the Park event. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 4, 2017 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, April 4, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 4, 2017 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, April 4, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES April 18, 2017 Page 3 A. CLERK'S LICENSE LIST B. ROCKWILL ADDITION by B Cubed, LLC. Approve Development Agreement C. CEDARCREST STABLES by Pemtom Land Company. Second reading of Ordinance 7-2017-PUD-2-2017 for Planned Unit Development District review with waivers on 10.65 Acres and Zoning District change from Rural to R1-13.5 on 10.65 Acres; Resolution 2017-46 for Preliminary Plat of one lot into seventeen lots on 10.65 acres (Ordinance No. 7-2017-PUD-2-2017 for PUD District review with waivers and Zoning District change and ResolutionNo. 2017-46 for Preliminary Plat) D. REJECT BIDS FOR ENTRY MONUMENT SIGN PROJECT AT THE INTERSECTION OF ANDERSON LAKES PARKWAY AND TH 169 E. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH FOTH FOR DEVELOPMENT OF A SOLID WASTE MANAGEMENT PLAN F. APPROVE CONTRACT WITH PLAYPOWER LT FOR RICE MARSH LAKE PLAY STRUCTURE G. APPROVE CONTRACT WITH BLACKSTONE CONSTRUCTION FOR EDENBROOK BOARDWALK PROJECT H. AWARD CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR ANTLERS RIDGE STORM SEWER REPAIR PROJECT MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. KOPESKY 2'ADDITION by HTPO. Resolution 2017-47 for Planned Unit Development concept review on 4.14 acres; First reading of the Ordinance for Zoning District change from Rural To R1-13.5 on 4.14 Acres; Resolution 2017-48 for Preliminary Plat of one lot into eight lots on 4.14 Acres (Resolution No. 2017- 47 for PUD Concept Review; First reading of the ordinance for PUD district review with waivers and Zoning District change; and Resolution No. 2017-48 for Preliminary Plat) Getschow said the property is located on the northeast corner of 82nd Street West and Dell Road and is 4.14 acres in size. The site previously included one single- family house and a garage. Both structures were demolished in the fall of 2016 when the well and septic systems were removed and abandoned. The subject property is currently zoned Rural and is guided for Low Density Residential development in the City's Comprehensive Plan. Low Density Residential CITY COUNCIL MINUTES April 18, 2017 Page 4 development allows for a density range between 0-2.5 units per acre. The applicant is also requesting approval of a Planned Unit District review with waivers. Three of the waivers are necessary because of the proposed outlot on the site, and the other is a result of the longer length of the cul-de-sac, which is an existing condition. Getschow said the Planning Commission considered this item at two meetings and ultimately voted 4-1 to recommend approval of the project at the March 27, 2017, meeting. Charlie Howley, chief engineer for HTPO, gave an overview of the project. He said the property will be developed with a cul-de-sac. The wetland on the north will not be impacted and will be dedicated to the City as an outlot. He noted they are located in two sub-watersheds. The property does have some steep slopes; however, none exceed the ordinance. There will be eight lots developed, with Lots 1-3 as walk-outs. The retaining wall to the south on 82nd Street will be removed, as will part of the retaining wall along Dell Road. They held a neighborhood meeting, met with development staff, and had two meetings with the Planning Commission. They revisited the tree protection and grading for the site, added some smaller boulder-type retaining walls, and pushed some houses back further in order to save some trees. Butcher Wickstrom asked about the concern that was brought up in the Planning Commission meeting regarding lighting. Mr. Howley replied they did not show any lighting in the cul-de-sac area in the original plan, and it was suggested that there should be a street light at the end of the cul-de-sac. He believed City staff is still reviewing where and how many lights should be placed. Ellis said staff is planning on a light at the end of the cul-de-sac to be installed by the developer and are also considering putting a street light on Dove Court at City cost. Case said this is a good test of our revised tree ordinance. He noted when he walked the property it seemed like a couple of trees on the north side of Lot 7 would meet the definition of a heritage tree. He asked how the new revision impacted this project. Mr. Howley replied they have five heritage trees on the site; however, one of them was in poor condition so it does not factor in. They are using the latest ordinance so they did pay more attention to the heritage trees because the replacement criteria are much higher. They have rearranged the house on Lot 7 for a heritage tree. Case said his question was how did the revised tree ordinance work for this project. Jeremiah said the tree preservation ordinance did seem to work well. They had adequate space to do replacements and were able to meet the requirements in the number. The heritage trees helped them with less replacement. Case asked if the evergreen trees on the east corner of Lot 8 are saved. Jeremiah replied the plans appear to show those have been saved. Case asked about the tree mass that covers the back of Lot 5 that might be eliminated if the area were trenched. Mr. Howley said that tree mass is going out because the site had to be graded to make the lot developable, not because of the trenching. CITY COUNCIL MINUTES April 18, 2017 Page 5 Nelson asked if there will be any problems with school buses or fire engines turning around in the cul-de-sac. Mr. Howley said he did not see any negative impact to transportation movement since it is a standard-sized cul-de-sac. Nelson asked if the new tree preservation ordinance addresses the question of a new homeowner being required to keep the heritage trees that were saved. Getschow responded the ordinance does not place restrictions on individual home owners. Nelson said at some point she was not sure the homeowner shouldn't be responsible for keeping the heritage trees in good health. Getschow said that was the Council's decision as to the current tree preservation code; however, it is not the same situation with commercial. We reinforce those restrictions with development agreements for commercial properties. Steve Davies, 18290 Dove Court, said he owns the property just north and east of the cul-de-sac. He said the Planning Commission did a nice job of listening to the concerns of the neighbors. The comment was made by a Planning Commission member that the neighbors were mistaken to think this development was part of the existing neighborhood; however, it is clear to anyone who drives down Dove Court that this is part of that neighborhood. He said the neighbors are interested in getting rid of the dead-end turn around and want to finish the neighborhood consistent with the development that is already there. He was concerned that the core area of the development will be clear cut, and there will be a substantial mismatch with the existing neighborhood. The plans for the development leaves the beautiful trees only around the circumference of the project. He asked that the tree preservation plan for the development be reconsidered to be more consistent with the neighborhood. Rick Wall, 18266 Dove Court, was concerned about the tree preservation on the property and that the homes to be built should be consistent with the Pines 11 development. He said six heritage trees are listed and four of them will be eliminated. He showed photos of trees that have been cut down on the property, and said he assumed those trees were not included in the count. He was concerned about how the property will look when they are done with the development. The development plan does not show the scraped earth in the center of most of the project. He asked the Council to help the neighbors by encouraging the developer to save some of the trees, consistent with the way trees were saved in the original Pines II development. Laura Wall, 18266 Dove Court, said she attended the March 27 Planning Commission meeting where one of the commission members asked the developer about having seven houses versus eight. There was no answer to that question, and she believed seven lots would be much better for everyone concerned and would help to save more trees. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES April 18, 2017 Page 6 Case said he appreciated the comments from the neighbors and thanked them for coming to the meeting. He noted infill projects are always difficult, and the longer they wait to develop an area, the more difficult the projects are. Our ordinances have helped administer our guide plans as consistently as we can since 1968. The Council's job is to do the best we can with development in the City. We give variances to help the City gain something. We are not in the business of helping developers make money or not make money. In theory, a developer could come in and build ten homes on this property. When they come in with eight carved around the wetlands and with tree preservation considered in the plans, it is clear they have done a lot of work. The tree preservation ordinance was developed in 1995 and was one of the first of its kind in our State. We have always been careful about owner rights for both the developer and the existing property owners. Our tree preservation ordinance does not prevent any owner from taking down a tree; however, we incentivize them not to do that. We have been so successful in preserving trees that we now have more trees in Eden Prairie than any time back thousands of years. The revisions to the tree preservation ordinance changed the ordinance to be more practical. He was comfortable with the variances for this development; however, he would like to send the recommendation back to the developer because they should want to save as many trees as possible. Case said we have also talked for many years about trying to connect neighborhoods, and we have an opportunity to do that here by putting a public right-of-way easement for a trail out to Dell Road. Nelson agreed that the eight houses are appropriate. She asked about the anticipated price point for the homes. Jeremiah replied will average about $800,000 for the lot and home. Nelson noted that would be significantly more than the values of homes on Dove Court. Jeremiah said there is some variety in price but not substantially more. Nelson asked what kind of ash trees are in the wooded area of the property. Jeremiah said there are quite a few green ash, some of which are scheduled to remain while several will be removed. Nelson said the emerald ash borer should be a consideration for this developer because we now have the emerald ash borer in Eden Prairie. Aho noted there are 22 ash trees listed on the plans which is about 115 of the trees. Nelson said she liked the fact the developer is taking good care of the wetland and put together a plan that has a good number of trees. She would encourage staff to see if there are additional trees that could be saved before second reading. She asked if they plan to clear cut the property. Mr. Howley replied the current plan is to grade this out. The developer is working with a couple of custom home builders, and, if that happens, they could possibly make some adjustments to save more trees. Nelson said it would be good to save trees if they can. Nelson said she was satisfied with the development. She was not sure they will have the same style houses as the Pines II development because things have CITY COUNCIL MINUTES April 18, 2017 Page 7 changed over the years. She hoped they will choose to save varieties of trees that are not ash trees. Aho said the lot density appears to him to be pretty consistent with the existing neighborhood. We all want to save as many trees as we can, and he thought the developer will want to as well. He was not as concerned about the tree density because that will change a lot from what it is now. It will be a big change for those who live there now and have gotten used to the look; however, we can't stop development if the development meets our guide plan and zoning requirements. He was in favor of the project. Tyra-Lukens commented it is hard to develop land in the same way earlier developments were done. She noted we all value trees on the property, and she hoped there will be an effort to preserve as many trees as possible. Butcher Wickstrom commented she has lived in a situation where a cul-de-sac was developed, and it was painful for the neighbors; however, we got new neighbors, and it turned out to be a beautiful neighborhood. She thought the waivers were reasonable. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2017-47 for Planned Unit Development concept review on 4.14 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers, and Zoning district change from Rural to R1-13.5 on 4.14 acres; to adopt Resolution No. 2017-48 for Preliminary Plat on 4.14 acres into eight lots and one outlot; and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and Council conditions. Case said he wanted to verify that the outlot is deeded to the City. Rosow said his understanding after talking with staff is that the outlot will be deeded to the City as a requirement in the development agreement. AMENDMENT TO THE MOTION: Case moved, seconded by Nelson, to specify that a trail be put between Lots 2 and 3 to connect out to Dell Road and to bring back the revisions to second reading. Ellis said staff could take a look at the water and sewer easements and work with the developer to find the best location for a trail. VOTE ON THE AMENDMENT: Motion carried 5-0. VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. 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, CITY COUNCIL MINUTES April 18, 2017 Page 8 Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.05,RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS Getschow said City Code Section 9.05 is being amended to update references to the Minnesota State Fire Code and the International Fire Code. MOTION: Case moved, seconded by Nelson, to approve first reading of an ordinance amending City Code Section 9.05 relating to the Uniform Fire Code and other fire regulations. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS Tyra-Lukens noted we are halfway through our participation in this month's Mayor's Challenge for Water Conservation. She asked everyone to continue to sign up to participate in the challenge to conserve water and energy on mywaterpledge.com. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Riley Lake Park Improvement Project Update Lotthammer gave a PowerPoint presentation of the Riley Lake Park improvement project. He said staff is ready to go out for bids. One of the reasons for the timing of this project is the pavement at the park is failing and that pavement redo was included in our capital improvements program. He reviewed the history of Riley Lake Park and the acquisition of the land there. He noted staff members were involved in the design input along with several groups such as the Three Rivers Park District, The Riley Lake Association, and the Watershed District. We plan to converted areas from turf to native grasses. Some trees will be removed and other changes will be made in order to provide better accessibility and more storm water retention. CITY COUNCIL MINUTES April 18, 2017 Page 9 Matt Bourne, Parks & Natural Resources Manager, continued the PowerPoint presentation with a review of the master plan. He said the boat launch will stay in place. The park design will keep pedestrians and vehicular traffic separated and will improve the accessibility and circulation throughout the site. They plan to add amenities such as lakeshore viewing areas, a spot for buses to unload, and upgraded benches and picnic tables. There is a tree removal plan for the northern part of the park, and the wooded area to the south will be opened up. Aho asked how many parking spots will be available for boats and trailers. Bourne said it will be increased from 14 to 23 spots. Bourne said this will built as a phased project. He reviewed the plans for the beach and picnic areas and the tree removal plan for the park. There will be more pervious surface to capture rain water, and quite a bit of the area will be planted in native grasses or small rain gardens. The parking lot and trails will be the base bid with alternate bids for other amenities. The bid opening is planned for May 4, with construction starting on July 10. The construction should be substantially completed in October with final completion in the spring of 2018 in order to have maximum use of the park this summer. Lotthammer said they hope to do as much as possible in the first phase and then several years later add the buildings and other amenities. The utility construction tears up a lot of the site, so they want to do that as part of the project. They will receive a DNR grant for a cleaning station, which will be one of the first of its kind in the State. Other funding will come from capital reinvestment funds set aside for maintenance and from park improvement funds. Nelson said she would want to save all the trees possible,but she would recommend we take down the ash trees as appropriate. She did not want us to have to come back in a few years and disrupt the park to take those down. Lotthammer responded the site doesn't have a lot of ash trees to begin with, and they plan to replant several varieties of trees. Case said he liked the plan and thought staff did wonderful work. It shows a lot of time and effort put in. He has been struggling with the situation that came about when he received several calls from people who were upset about the project, yet he knew nothing about the park renovation plans. He thought there needs to be a way for City Council Members to get back into the process prior to the various groups getting involved. He thought this project would be large enough and expensive enough that the Council should be involved because Council Members are the ones who get the calls from residents about the project. Getschow said only the Parks Commission has received a presentation. Other groups will be presented to next week or later. CITY COUNCIL MINUTES April 18, 2017 Page 10 Case said the Council may want to get involved earlier in the process so as not to be surprised by phone calls. Aho said that would be true, especially if it is a public-noticed project. Lotthammer said they have not sent out public notices. The practice is to work with neighbors for a neighborhood park, but to use the Parks Commission as a sounding board for a City park. The projects are put on the website, and people have attended the Parks Commission meeting where the plan was discussed. He said Mr. Getschow has heard from the Riley Park Association. Things get to the public from different sources at different times. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:13 p.m.