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City Council - 08/08/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 8, 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. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM VEIL ORTHODONTICS (Resolution No. 2017-76) Lotthammer said Veil Orthodontics has donated a total of$250 to the following programs: KidStock Concert Series, Spooky Saturday, and Halloween on the Mall. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-76 accepting the donation of$250 from Veil Orthodontics toward the Parks and Recreation special events. Motion carried 4-0. B. AWARD EFO DESIGNATION TO ASSISTANT FIRE CHIEF BECKI WHITE Chief Esbensen said Assistant Chief Becki White has successfully completed the Executive Fire Officer program. Assistant Chief White has served in the Eden Prairie Fire Department(EPFD) since 2003. During that time, she has risen to the rank of Assistant Chief for Training and Prevention. He noted she is the first person representing the EPFD to graduate from the Executive Fire Officer program, the completion of which is one of the most highly regarded accomplishments in the CITY COUNCIL MINUTES August 8, 2017 Page 2 United State Fire Service. Mayor Tyra-Lukens presented a certificate of completion to Assistant Chief White. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 11, 2017 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, July 11, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 11, 2017 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, July 11, 2017. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 12-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO COMMUNITY CENTERS AND ADOPT RESOLUTION NO. 2017-77 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF ORDINANCE NO. 13-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO DAY CARE FACILITIES AND ADOPT RESOLUTION NO. 2017-78 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION NO. 2017-79 APPROVING FINAL PLAT OF PRAIRIE BLUFFS SENIOR LIVING E. ADOPT RESOLUTION NO. 2017-80 AMENDING RESOLUTION NO. 2016- 33 DESIGNATING CITY COMMUNITY FESTIVALS TO ADD PRAIRIE BREWFEST F. ADOPT RESOLUTION NO. 2017-81 AMENDING RESOLUTION NO. 2016-33 TO AUTHORIZE DISPENSING LIQUOR AT A CITY COMMUNITY FESTIVAL CITY COUNCIL MINUTES August 8, 2017 Page 3 G. ADOPT RESOLUTION NO. 2017-82 APPROVING TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH STATE OF MINNESOTA FOR FLYING CLOUD DRIVE AT I-494 AND TH 212 H. ADOPT RESOLUTION NO. 2017-83 AUTHORIZING ACQUISITION OF EASEMENTS FOR PRESERVE BOULEVARD IMPROVEMENTS I. APPROVE CHANGE ORDER NO. 4 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS PROJECT J. ADOPT RESOLUTION NO. 2017-84 AUTHORIZING SETTLEMENT WITH C.S. MCCROSSAN CONSTRUCTION'S CLAIM FOR DELAY COSTS RELATED TO SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT L. APPROVE STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH MOBILITIE,LLC M. AWARD CONTRACT FOR WATER TREATMENT PLANT RETAINING WALL PROJECT TO BLACKSTONE CONTRACTORS N. AWARD CONTRACT FOR IMPROVEMENTS TO STORMWATER WETLAND 05-12-C TO AQUATIC RESTORATION SERVICE, LLC O. AWARD CONTRACT FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT TO PETERSON COMPANIES, INC P. AWARD CONTRACT FOR REMODELING FIRE STATION 1 OFFICES TO RJ MARCO CONSTRUCTION Q. AWARD CONTRACT FOR RECARPETING ADMINISTRATION AND POLICE DEPARTMENTS IN CITY HALL TO LAVAN FLOOR COVERING R. DECLARE EQUIPMENT OBSOLETE AND AUTHORIZE DISPOSAL OF PROPERTY MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-R on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. ELEVATE AT SOUTHWEST STATION by Timberland Partners Resolution 2017-85 for Comprehensive Guide Plan Change from Regional Commercial to TOD on 2.93 Acres and Text Amendment; Resolution No. 2017-86 CITY COUNCIL MINUTES August 8, 2017 Page 4 for Planned Unit Development Concept Review on 2.93 Acres; First Reading of an Ordinance for PUD District Review and Zoning District Change from C-REG- SER to TOD-R on 2.93 Acres; Resolution 2017-87 for Preliminary Plat of two lots into one lot on 2.93 Acres Getschow said this is a proposed development at Southwest Station on the site where the vacant Ruby Tuesday and Anchor Bank buildings are located. The proposed project includes the development of a Transit Oriented Development(TOD) that integrates both residential and commercial development. The project specifically proposes removing the vacant bank and restaurant buildings and constructing a new six story building with 222 residential units above approximately 13,000 square feet of retail/restaurant development. Scott Carlston, 8150 Drexel Court, gave an introduction to the project. He noted his background for this project came from his experience developing the Martin Blu apartments. He partnered with Bob Franzen, President of Timberland Partners on the proposal, and Ryan Sailer, Vice President of Development for Timberland Partners, is present to give a PowerPoint overview of the project. Mr. Sailer said there will be 222 total apartment units, of which 20% will be affordable units at 50% Area Median Income (AMI) and 5% will be affordable units at 80% AML In addition to the apartment units, there will be approximately 13,000 square feet of retail space which will possibly include two full service restaurants and one or two retail tenants. There will be 397 total parking stalls, with 287 stalls in a 2.5 story underground parking facility and 110 surface stalls. In addition, there will be 175 spaces reserved for bicycles. He noted the project will include a new public plaza. Mr. Sailer said they plan to incorporate green design features including 3500 square feet of green roof, a rain water cistern for site irrigation, and permeable pavers in the parking lot. They also participate in the Xcel Energy Design Assistance program and have cooperated and engaged with City staff and adjacent property owners in planning the project. If the project is approved, they would start construction in November 2017, and plan to be 100% complete in the spring of 2019. He introduced the project architect, Colin Kaas, Kaas Wilson Architects. Mr. Kaas continued the PowerPoint presentation. He reviewed the building design and noted the many challenges involved in designing the project within the very limited space. A green roof space will be located above the new commercial space. The materials used on all sides of the building will coordinate with the colors used in the existing commercial space and the proposed Southwest Light Rail Transit(LRT) station. Nelson commented there are no three bedroom units included, and there are a lot of efficiency apartments. Mr. Kaas replied their experience with past projects indicates the demand is quite high for single occupancy units. Nelson asked if there will be affordable two-bedroom units. Mr. Sailer said there will be some in the affordable CITY COUNCIL MINUTES August 8, 2017 Page 5 range. Nelson noted this is not the last time the Council will hear about the project and asked the proponent to make sure there are some larger apartments available in the affordable unit category for second reading. She then asked if any of the units are handicapped-accessible. Mr. Sailer replied they are using HUD financing so there are more than the usual number of handicapped-accessible units. Butcher Wickstrom asked if the den included in the one bedroom and den units could be used as a bedroom. Mr. Sailer said the den does not have a closet but it possibly could be used as a bedroom. Butcher Wickstrom commented she really appreciated all the amenities included, such as the roof top patio space and the green roof. Butcher Wickstrom asked about the traffic study completed for the proposal which projected an average of 110 more peak hour trips. Ellis said staff worked with a third party on the traffic study. They looked at the impact of the LRT and other development and determined the intersection would operate at an acceptable level of service and would not require additional improvements. There will be a new, full access point for the LRT at the current location of Culver's. Aho commented this is a beautiful project. He would like to see a few more improvements for traffic flow. He asked if they have thought about the impact to the project should the Southwest LRT project not take place. Mr. Sailer replied this is a transit site whether the LRT happens or not. Aho said he liked way the building fits into the site with or without the LRT wrapping around the building. He noted he is Vice Chair of Southwest Transit, and it appears the ramp will be blocking some of the Southwest Transit building. He asked if there has been any consideration of additional signage for Southwest Transit. Mr. Sailer replied they would be willing to cooperate on that, and noted there will need to be a new monument sign. Tyra-Lukens asked if there will be bike racks on site near the plaza area. Mr. Sailer said there will be bike racks on the plaza as well as some along the retail promenade. Secure bike parking for residents will be located separate from the public bike parking. Carol Jensen, 8309 Sheridan Lane, said there is already a traffic jam in the area and asked if there will be an open house so residents can see the layout. Tyra-Lukens replied she did not believe there is an open house scheduled,but the project plans are available to view. Ms Jensen asked how the project will fit in with the new restaurants that just went in. Mr. Kaas replied there will be a full access intersection on the west side of the site that will become the primary drop off for the light rail, buses and the park and ride ramp, so a fair amount of traffic will be moved to the west. Ms Jensen asked about Southwest Transit buses. Tyra-Lukens noted the bus traffic goes into the back of the building. Ms Jensen said she has seen a lot of turnover with the restaurants there and asked if the commercial space will be fully rented out. Jeremiah replied the Southwest Station condos are doing quite well. Overall, the apartment market is doing very well, and there is a lot of demand for rental housing for young people. CITY COUNCIL MINUTES August 8, 2017 Page 6 Tyra-Lukens said one of the challenges at the SouthWest Transit site was to attract restaurants and transit-oriented retail. Adding residential to the site should enhance the viability of the restaurants as well as that of retail businesses such as a day care facility or a pharmacy. David Saltzman, 17635 Wiedman Way, said he is part of a group of people that make up the Eden Prairie Affordable Housing committee. He was pleased to hear about the inclusion of the affordable housing units in the development. He noted the vacancy rate for rental units in the metropolitan area is very low, so he thought it will be easy to fill the apartment units very quickly. He thought the development will fit in very well. There is a lot of traffic in the area already,but the reconfiguration on the west side will help the traffic flow. Joan Howe-Pullis, 9327 Rath Place, thought the project has creative use of space with mixed use on the lower level. She thought it is a fabulous first project along the light rail line, and it is a viable project even if the LRT isn't developed. Asad Aliweyd, a resident of Eden Prairie, said this project is good for the residents of Eden Prairie and will encourage additional affordable housing in the City. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2017-85 amending the Guide Plan from Regional Commercial to Transit Oriented Development(TOD) on 2.93 acres and amending the Comprehensive Plan text to include TOD land use language; to adopt Resolution No. 2017-86 for a Planned Unit Development concept review on 2.93 acres; to approve first reading of an ordinance for Planned Unit Development District review with waivers and a Zoning District change from Com-Reg-Ser to TOD-R on 2.93 acres; to adopt Resolution No. 2017-87 for a Preliminary Plat of two lots into one lot on 2.93 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions including payment of park dedication fees in the amount of$872,700 that may be deferred in accordance with the agreement and including incorporation of alternative vehicle provisions within the project; and to authorize the issuance of an early land alteration permit for Elevate at SouthWest Station at the request of the developer subject to the conditions outlined below. Nelson thanked the developer for doing a TOD development in Eden Prairie and for including amenities such as the roof top patio. It will be an interesting place for all ages and types of families and is something that the City needs. Tyra-Lukens said this is a great project, and she would like to hear the development team's thoughts on working with the City's new design standards. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MINUTES August 8, 2017 Page 7 B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE DISEASE CONTROL Getschow said Chapter 9 of the City Code contains the City of Eden Prairie's shade tree disease control requirements. With the discovery of the emerald ash borer in Eden Prairie, staff believes there is a need to revise regulations to reflect current conditions. Lotthammer said the Council has had some discussion about the shade tree ordinance in workshops, and this is a very specific change to add the emerald ash borer as a pest. He said during the late spring and summer season we do not want people to move the ash tree material because the ash borer can be spread more easily during that time. The intent would be to quarantine a tree that has been identified to have the ash borer until it can be safely moved in the October to April time frame. There will be additional forestry technicians on board during the spring and summer months to check for the ash borer and other diseases. He noted the spread of the emerald ash borer has been slower in Minnesota than in states to the east of us. We need to educate people regarding the spread of the pest in order to help manage this. Tyra-Lukens said the City Forester is keeping an eye out for the emerald ash borer but residents can also call the City to ask for an identification of the pest. She asked about our sense regarding treatment of ash trees that do not yet have the ash borer. Lotthammer said a resident would need to determine the cost benefit of the treatment because it is a long term commitment. The treatments need to be made every other year going forward. Explaining how the treatment process works would be part of the education efforts. Nelson said she would like to see a plan for the City's management of our ash trees. Lotthammer replied our management plan is posted online. Each city has its own plan which will depend on the type of trees in the city. Eden Prairie has some of the lowest percentage of ash trees compared to other cities. Also, the ash trees are fairly dispersed throughout the City, which means the visual impact of losing the ash trees will be less. Our approach at this time is not to be aggressive, and we do not plan to take down trees as a pre-emptive measure. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Chapter 9 relating to shade tree disease control. Motion carried 4-0. C. VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 4, THE ENCLAVE AT OLD SHADY OAK (Resolution No. 2017-88) Getschow said a property owner has requested the vacation of a part of the approximately 36-foot drainage and utility easement on the west portion of Lot 1, CITY COUNCIL MINUTES August 8, 2017 Page 8 Block 4, The Enclave at Old Shady Oak. Staff feels there is no need for that part of the easement in the future, and this will line up with the remainder of the subdivision's lots. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2017-88 vacating that part of the East 26.25 feet of the West 36.25 feet of Lot 1, Block 4, The Enclave at Old Shady Oak, Hennepin County, Minnesota, lying between the north 10 feet and the south 10 feet of said Lot 1. Motion carried 4-0. X. PAYMENT OF CLAIMS 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, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 14-2017 AMENDING CITY CODE CHAPTER 4, RELATING TO INSURANCE, COMMUNITY FESTIVALS,AND SUNDAY SALES Getschow said this amendment addresses several concerns. The amendment to Section 4.40 conforms the City Code to an amendment by the legislature this year to increase the required dram shop insurance from $300,000 to $310,000. Flying Dutchman Spirits has asked to be open on Sunday and also wants to participate in the Prairie Brew Fest. The amendments to Section 4.50 change the reference of a "sale" to the statutory term of"dispense" and allows the City Council to authorize the holder of an on-sale intoxicating liquor license to dispense liquor off premises at a community festival. The amendment also declares the Prairie Brew Fest to be a community event. He noted first and second reading of the ordinance will require a unanimous vote of the Council Members. Tyra-Lukens asked if they plan to be open Thursday through Sunday if this exception for Sunday hours is approved. Getschow said that was his understanding. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve first and second reading of Ordinance No. 14-2017 amending City Code Chapter 4, relating to insurance, community festivals, and Sunday sales. Motion carried 4-0. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS CITY COUNCIL MINUTES August 8, 2017 Page 9 Getschow said the amendments to Sections 6.01 and 6.03 are being made in response to state legislation passed during the 2017 session regarding local government regulation of"small wireless facilities," which are small antennas and associated equipment used to provide wireless service between a network and its users. He said we have agreements with some small wireless operators in the City for use of the right of way. We also have the ability to require a permit for the use of the right of way in order to maintain the standards and requirements for work done in our right of way. Ellis said this code amendment makes sure our code conforms to the State statutes and sets the process for how permits are provided, the review period, and details regarding co-location with our facilities. He noted the change does cause a loss of some of our ability to maintain aesthetic standards in the right of way. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Chapter 6, relating to small wireless facility permits. Motion carried 4-0. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS —FCAAC Getschow said a number of appointments of students on commissions were made at the last meeting. Another student has been appointed to the Flying Cloud Airport Advisory Commission (FCAAC). An orientation for the student commissioners is held in September, and the program begins with the September commission meetings. MOTION: Nelson moved, seconded by Butcher Wickstrom, to appoint Nathan Bellefeuille to the Flying Cloud Airport Advisory Commission. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 CITY COUNCIL MINUTES August 8, 2017 Page 10 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 8:22 p.m.