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City Council - 11/14/2017 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 14, 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 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. 2017 SUSTAINABLE EDEN PRAIRIE AWARDS Marisa Bayer, Community Development Coordinator, gave a PowerPoint presentation about the Sustainable Eden Prairie Award which recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four categories of the award reflect the four Sustainable Eden Prairie focus areas: energy, landscape, water, and waste. Eligibility criteria includes property improvements and organized initiatives so both physical improvements and behavioral changes can be recognized. She said members of the Conservation Commission will introduce the 2017 award recipients. Conservation Commission Member Dan Katzenberger and Mayor Tyra-Lukens presented the award for the focus area of energy to representatives of the Eden Prairie Schools for their significant efforts in reducing energy usage in the schools. Commission Member Nate Pischke and Mayor Tyra-Lukens presented the award for the landscape focus area to Joanne Bartel who was recognized for her use of native plantings and rain gardens in her home landscaping. Commission Member Amanda Anderson and Mayor Tyra-Lukens presented the award for the focus area of water to representatives of the Pioneer Trails Homeowners Association for their efforts to CITY COUNCIL MINUTES November 14, 2017 Page 2 reduce their water usage for irrigation. Commission Member Michael Bennett and Mayor Tyra-Lukens presented two awards for the focus area of waste: the first award was presented to representatives of Flying Dutchman Spirits for the innovative use of by-products from their distilling operations; and the second was presented to a representative of Early Childhood TerraCycle Recyling for implementing a program to recycle food waste in the Early Childhood programs. Tyra-Lukens thanked the recipients of the awards and challenged others in the community to consider ways to improve sustainability in Eden Prairie. B. 2016 LIFE SAFETY ACHIEVEMENT AWARD Chief Esbensen introduced State Fire Marshal Bruce West and Assistant Fire Chief Becki White, the architect of the Eden Prairie fire safety education program. Fire Marshal West reviewed the criteria for awarding the National Association of State Fire Marshals' Life Safety Achievement Award and presented the 2016 award to Chief Esbensen and Assistant Chief White in recognition of the efforts made by the Eden Prairie Fire Department to promote fire safety education. C. ACCEPT DONATION FROM STATE FARM COMPANIES FOUNDATION ON BEHALF OF GORDON WILLIAMS (Resolution No. 2017-11) Lotthammer said this has been a recurring donation from State Farm Companies Foundation in recognition of the volunteer work done by Gordon Williams at the Eden Prairie Senior Center. Tyra-Lukens thanked State Farm Companies Foundation and noted we have received this donation from them on behalf of Mr. Williams yearly since at least 1994. MOTION: Nelson moved seconded by Butcher Wickstrom, to adopt Resolution No. 2017-11 accepting the donation of$500 from State Farm Companies Foundation on behalf of Gordon Williams. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2017 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, October 17, 2017. Motion carried 5-0. CITY COUNCIL MINUTES November 14, 2017 Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2017 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 17, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2017-12 APPROVING FINAL PLAT OF BLUFFS WEST FOURTEENTH ADDITION C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE SOUTH STREETSCAPE IMPROVEMENTS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE NORTH STREETSCAPE IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BADGER STATE INSPECTIONS LLC FOR ENGINEERING AND INSPECTION SERVICES OF HIDDEN PONDS WATER TOWER RECOATING PROJECT F. APPROVE THIRD AMENDMENT TO LIQUOR STORE LEASE AT PRAIRIE VILLAGE MALL LOCATION G. APPROVE REVISED JOINT POWERS AGREEMENT WITH I-494 CORRIDOR COMMISSION H. APPROVE PURCHASE OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS LLC I. AWARD CONTRACT FOR TRENCH DRAIN REPLACEMENT AT FIRE STATION 3 TO FLAG BUILDERS OF MINNESOTA INC. J. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS K. APPROVE INTERFAITH UNDERSTANDING DAY PROCLAMATION Aho said Item VIII.G. should be pulled from the agenda because there are some changes necessary to the document. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-F and H-K on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES November 14, 2017 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. ARBY'S by Arc Vision, Inc. Request for Site Plan Review on 1.14 Acres. Location: 560 Prairie Center Drive. Getschow said the applicant is proposing an interior and exterior remodel of the current Arby's restaurant. The applicant will be making changes to update the building which was built in 1989. The proposed changes include a change to the exterior building fagade, resurfacing and restriping of the parking lot, a new sidewalk connection, and updating landscaping to replace landscaping that has been removed over the years. John Wahlberg, representing Arc Vision, Inc., described the proposed changes and showed plans for the building remodel and the landscaping update. Tyra-Lukens asked Mr. Wahlberg to review the landscape plan. Mr. Wahlberg reviewed the plan and noted the large amount of landscaping proposed in the loop area, an island in the parking lot with plantings, tree plantings at various other spots, and landscaping around the building. Aho asked if the trees indicated on the plan are maple trees. Mr. Wahlberg replied they are. Nelson said it was great they are improving the landscaping and are making changes for ADA compliance. She asked if they will be open during the remodeling. Mr. Wahlberg said they expect the project to last four to five weeks. The drive-through should remain open the entire time, but the lobby will be shut down for a short time. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to direct staff to prepare an amendment to the developer's agreement incorporating staff recommendations and Council conditions. Motion carried 5-0. B. FEDEX by Windsor Plaza LLC. Planned Unit Development District Review on 0.24 Acres; Request for Site Plan Review on 0.24 Acres. Location: 11993 Singletree Lane. (Ordinance for PUD District Review) Getschow said this project is a proposed construction of a 6,336 square foot FedEx store to complete the north building pad of the Windsor Plaza building. This newly constructed tenant space will be occupied by FedEx, which is relocating from Flying Cloud Drive and Eden Road due to the LRT project acquisition. Douglas Lo Pinto, representing Olympic Ventures, LLC, gave a PowerPoint presentation about the project. He said the traffic study they commissioned showed that the project will not significantly change traffic in the area. They will be CITY COUNCIL MINUTES November 14, 2017 Page 5 implementing the last stage of the landscaping plan for the PUD as part of the project. Aho asked how the 6336 square foot space relates to FedEx's current size. Mr. Lo Pinto replied it is similar but a little larger. Aho asked if they will be giving the same level of service as they provide at the current location. Mr. Lo Pinto replied there will be little change except to add some training and education services. Nelson asked if there will be parking spots at the door for their customers. Mr. Lo Pinto responded there will be two reserved stalls. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; to approve first reading of the ordinance for Planned Unit Development District review on 0.24 acres; and to direct staff to prepare an amendment to the developer's agreement incorporating staff recommendations and Council conditions. Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO SELF-STORAGE FACILITIES Getschow said current City Code does not provide a definition for a self-storage facility nor does it list a self-storage facility as a permitted use in any specific zoning district. Historically, self-storage facilities have been interpreted as similar to a warehouse use and have been permitted in the Industrial zoning districts and, in one instance, in the Commercial zoning district. Jeremiah said there are four existing self-storage facilities in the City, and those facilities are fairly well dispersed throughout the community. The proposed code amendment is intended to maintain the highest and best land use in the industrial and commercial districts and to provide for land uses consistent with the comprehensive guide plan. Staff recommends that self-storage facilities be added as a permitted use in the Industrial General (I-Gen) zoning district in order to allow opportunities in areas that are underserved,particularly the area north of Hwy 5 and west of Mitchell Road. Jeremiah reviewed maps that showed the possible locations in each of the City's I-2, I-5, and I-Gen zoning districts. She noted the existing four facilities could continue to operate indefinitely. She said the I-2 and I-5 districts are seen as high-tech industrial areas, so we want to preserve those more for futuristic use. She noted self- storage facilities tend to alter the walkability of an area if they are located in a commercial district. The proposed permitted use would provide opportunities for the future but would prevent a proliferation of such facilities in the future. Tyra-Lukens commented the staff recommendation is to allow this in the I-Gen district, yet the Planning Commission voted 4-2 to allow the facilities in the I-2 and CITY COUNCIL MINUTES November 14, 2017 Page 6 I-5 districts as well. Jeremiah believed the actual recommendation was to allow the facilities in the I-Gen, I-2, I-5 and Commercial districts. Tyra-Lukens asked Ms Jeremiah to condense the discussion at the Planning Commission meeting and to explain why they wanted to allow the facilities in additional districts when there would be 18 properties available for such facilities in the I-Gen district. Jeremiah said there was a lot of discussion about housing, the future of housing that might lead to higher demand for self-storage facilities, and if we were being more limiting than we should be. There was also a lot of discussion about these facilities being demand-driven, so that we may need more of these types of facilities in the future. She said staff s concern is that we could lose sight of our goals for the future by allowing a proliferation of these facilities in additional areas There was not a lot of discussion regarding walkability in commercial areas, but the existing site in the commercial district is not in a highly walkable location. Aho asked if staff did any kind of survey of the level of occupancy at the existing four facilities in order to justify how many new facilities might be built. Jeremiah replied she did not know that we asked that question. We did provide a letter to each of the existing facilities to let them know this was going on. We have not heard from any of the existing facilities that they have a need to expand. Aho asked Ms Jeremiah to address any issues the ordinance would create with the existing facilities. Jeremiah replied the existing facilities are in the I-2 or Commercial districts, so they would become nonconforming;however, they would be able to continue operating indefinitely and could maintain their properties. Aho asked if they could add additional structures. Jeremiah responded they would need to request a waiver in order to expand. Tyra-Lukens asked if the facilities have space to expand. Jeremiah replied it would be possible with a couple of them. Rosow said expansion is the only thing that they cannot do. They could rebuild a new building with the same square footage and could replace the entire exterior of the building. Case said he was okay with just allowing the facilities on I-Gen district properties, but he was not okay with expanding out into the entire Golden Triangle area. He thought he could go with I-5 if we wanted some additional areas,but he would prefer just to keep it at I-Gen. He did not understand why the Planning Commission would want to expand the areas to include I-2. Nelson believed it is important to keep some areas open for high-tech companies and the good jobs they provide. She did not think storage facilities provide many jobs, nor are their jobs high paying. She believed most apartments provide their own storage facilities. She would like to keep areas like the Golden Triangle open for companies that provide good opportunities for employment. She was comfortable with the recommendations of the staff report. CITY COUNCIL MINUTES November 14, 2017 Page 7 Butcher Wickstrom noted she has two storage units at one of the facilities. Self- storage facilities are a wonderful business and are needed in the community, but she agreed the I-Gen district is as far as she wanted to go. She believed that is why we do all the planning and discussion of Transit Oriented Development and high-tech future growth. She would hate to see something happen to cause us to lose an opportunity for a different business to come in. There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing, and to approve the first reading of the ordinance to amend City Code Section 11.02 and 11.30 defining self-storage facilities and allow as a permitted use in the Industrial General (I-Gen) Zoning District. Motion carried 5-0. D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CONDITIONAL USE PERMITS AND WIRELESS COMMUNICATION SERVICES AND EQUIPMENT Getschow said in May, 2017, the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in the public rights- of-way. We updated our ordinance to cover how we would deal with that law. Another piece of the new law grants wireless providers the ability to locate their facilities as a permitted use in the right-of-way, except a city may require a conditional use permit(CUP) to install a new support structure(s) in rights-of-way located within single family residential zoning districts. As this is a new provision in state law, the Zoning Ordinance must be amended to align with the new State regulations. City staff worked with the City Attorney to draft the code amendments. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, and to approve the first reading of the ordinance to amend City Code Chapter 11 relating to Conditional Use Permits and Wireless Services and Equipment. 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, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES November 14, 2017 Page 8 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Ordinance 97— Council Member Case Case said he recently had occasion to be out at 6:00 a.m. on two mornings and heard maintenance run-ups at the airport. He checked with City Manager Getschow and verified the ordinance did not allow such maintenance run-up operations to occur until 7:00 a.m. He noted this happened before the time change from daylight savings time so that was not a factor. He commented he had an integral part in negotiating Ordinance 97 in 2002. He asked staff to review what happens when we become aware of noncompliance with the ordinance, and what happens next if there is noncompliance. He recalled both sides agreed to fight on the same side to enforce Ordinance 97. He noted this is a separate question from the issues regarding the massive amount of traffic expected at the airport for the Super Bowl. The other Council Members concurred with his request for a staff review of the situation. 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 XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:07 p.m.