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City Council - 02/05/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, FEBRUARY 5, 2018 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 Maggie Neuville, 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 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,JANUARY 16, 2018 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, January 16, 2018. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16, 2018 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, January 16, 2018. Motion carried 5-0. CITY COUNCIL MINUTES February 5, 2018 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SCHEELS by CAPREF Eden Prairie. Second Reading of an Ordinance for PUD District Review with waivers on approximately 20 Acres; Resolution for Site Plan Review; Development Agreement C. AWARD CONTRACT FOR 2018 STREET SWEEPING TO PEARSON BROTHERS, INC. D. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 2 E. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 9 F. AWARD CONTRACT TO LAVAN FLOOR COVERING FOR RECARPETING CITY OFFICES G. DECLARE OBSOLETE OFFICE FURNITURE AS SURPLUS H. APPROVE ONE-YEAR COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) I. APPROVE AGREEMENT WITH APPLIED ECOLOGICAL SERVICES, INC FOR MAINTENANCE OF TURF TO NATIVE CONVERSION AREAS J. ADOPT RESOLUTION NO. 2018-31 FOR GRANT APPLICATION SUBMITTAL TO HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM FOR TOWN CENTER STATION IMPROVEMENTS K. APPROVE AGREEMENT FOR ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN L. ADOPT RESOLUTION NO. 2018-32 FOR FIRE RELIEF ASSOCIATION TO SEEK LEGISLATION FOR INCREASE IN LUMP SUM PENSION PAYOUT CAP Getschow said Item VHI.B. should be pulled from the Consent Calendar because that item is not ready. CITY COUNCIL MINUTES February 5, 2018 Page 3 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A, and C-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson 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 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 1. APPROVE LAYOUT AND ADOPT RESOLUTION NO. 2018-33 APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION FOR PRESERVE BOULEVARD IMPROVEMENTS Ellis said the Preserve Boulevard improvements are included in the City's Capital Improvement Plan, and the City Council previously authorized a final design contract for the project. This action approves the design layout for the project, adopts a resolution approving the appraisal values for the properties to be acquired, and authorizes the City Attorney and City Engineer to acquire the properties needed for the project. Randy Newton, Assistant City Engineer, gave a PowerPoint presentation that reviewed the location and extent of the project. He noted there will be two phases for the project: Phase 1 will be the road improvements, and Phase 2 will be the stormwater outlet project. Two open houses were held for the project. In the first open house they listened to concerns from property owners about the CITY COUNCIL MINUTES February 5, 2018 Page 4 project. There were seven major points of concern raised at the meeting: the need to improve the pedestrian and bike crossings; the lack of safety for left turns, the challenge of entering Preserve Boulevard at busy times, the need to eliminate the southbound lane drop, the lack of left turn signal phasing at the Prairie Center Drive/Preserve Boulevard intersection, the high traffic speeds on Preserve Boulevard, and the high water level of Eden Lake. At the second open house staff shared the list of concerns raised at the first open house and reviewed alternatives and layout options. Newton reviewed the recommended alternatives for the project: reconstruction of the intersection at Prairie Center Drive and Preserve Boulevard, including a new signal light; a new signal light at Anderson Lakes Parkway; a left turn signal at Preserve Boulevard; potential locations for benches,pedestrian refuge islands; a double left turn onto Preserve Boulevard from westbound Prairie Center Drive; turn lanes at all intersections along the corrido;, a median along the length of the corridor; reduced lane widths to help reduce the speeds on the roadway; elimination of the southbound lane drop; an extended right turn lane on westbound Anderson Lakes Parkway onto Preserve Boulevard; and a lift station and water treatment pond near the northwest corner of the Anderson Lakes Parkway/Preserve Boulevard intersection. Newton said there will be 30 trees removed for the project, of which 19 are significant trees. No heritage trees will be removed. They plan to work with adjacent property owners on a replanting plan. Nelson suggested staff plan to remove the large number of geese that will congregate around the treatment pond which is planned to be close to the Anderson Lakes Parkway intersection. She commented much of the traffic on this stretch of roadway is not local traffic, and she thought staff should look at what the neighborhoods will lose with these changes. The heavy traffic causes problems for pedestrians in this area. Case asked staff to give the Council Members specific details on lot numbers and names when bringing forward future projects such as this. He noted there were no maps included with the information, and the list of appraisals had amounts but no specific addresses. We would have expected that from a private developer. He asked staff to work hard with homeowners to mitigate the impact on the individual properties. He asked if the tree line on the west will remain intact and if the berm will stay. Newton replied the berm and the tree line by Grier Lane will stay. Case said he felt there were three homes that will be the most impacted. One of the homes is very close to the road now and will become even closer with the completion of the project. The property owner on Grier Lane who spoke during open podium said he is on the south side of the corner of Grier Lane and Preserve Boulevard, and the project will have the most impact of on his CITY COUNCIL MINUTES February 5, 2018 Page 5 property. Construction will impact his front yard, and they will lose the lilac bushes in the front. Case asked staff to work with that property owner to do some replanting and perhaps to extend the privacy fence at the front of the property. Tyra Lukens asked if the treatment plant is for overflow. Newton replied it is to treat storm water coming off Preserve Boulevard. Tyra-Lukens asked if the speed limit will remain 30 mph on Preserve Boulevard. Newton replied it will. Tyra-Lukens asked if there has been any effort to work with the mall to link up the pedestrian and bike accesses. Newton responded the Scheel development will include a lot of pedestrian and bike access improvements as part of that project. Tyra-Lukens then asked if there will be pedestrian refuges at all four corners of the Prairie Center Drive intersection. Newton replied there will be. Butcher Wickstrom said she often sees people moving slowly or in wheelchairs trying to cross both lanes on Prairie Center Drive. She asked if there will be a way to slow down the light so they have more time to get across the street. Newton replied the timing could be reviewed and adjusted if necessary. Tyra-Lukens asked if any thought was given to something other than concrete medians, such as having plantings and stonework like those on Excelsior Boulevard. Newton replied staff has not yet had that discussion;however, this project has not been designated as a priority location for plantings. There may be an opportunity for some trees, but it probably would not include significant plantings that would have to be maintained on a regular basis. Newton reviewed the right-of-way impacts for the project. He said the road has a wider foot print and does impact multiple properties. Staff worked to balance and minimize the impacts to the properties. He said 13 properties will have both permanent and temporary impacts and another 11 will have temporary impacts. Newton said the issue for Eden Lake occurs when peak water levels encroach close to the properties in that area. He said prolonged higher water levels after storm events impact the nearby properties and make the area more vulnerable to flooding. Right now it can take up to two weeks to draw down and the water level rarely recedes back to normal. There is an existing buried outlet pipe in the area, and this project includes a pump station to pump water from Eden Lake to Neill Lake which will provide redundancy for the existing pipe. The pump station would decrease the draw down time and would reduce the risk of flooding from back-to-back events. He noted the pump station would eliminate water encroachment for a hundred-year event and would reduce draw down times,but would have minimal impact on the high water level. Newton said the preliminary cost estimate for the project is $6,000,000 for the roadway construction, lift station, engineering, right-of-way and contingency. If the project is approved tonight, they would start land acquisition immediately. CITY COUNCIL MINUTES February 5, 2018 Page 6 They would begin staged construction of the roadway in 2019. The road will remain open during the construction. Nelson asked if the narrower lanes going down the hill from the mall will cause issues because drivers going down the hill have to use their brakes to maintain the speed limit. Newton replied drivers will be more likely to put on the brakes with narrower lanes. Nelson asked if rush-hour traffic will be backed further up the hill. Newton responded drivers would generally maintain slower speeds when driving next to each other, and they don't typically stay side by side while driving. Ellis said the left turn lanes will help traffic conditions when driving conditions are poor. There will now be two lanes all the way down to the Anderson Lakes Parkway intersection which will eliminate the competition that occurs where the road narrows to one lane. He said staff tried very hard to minimize the effect on the adjacent properties by balancing the impact to both sides of the roadway. He believed we have come up with a good compromise. We were able to save the berms and many of the trees and tried not to impact people's front yards. Case noted it was not staff s idea to bring forward this project; rather it is a reflection of 20 or more years of complaints about the roadway. The project is long overdue. He noted we always try to do what is best for everyone in the City while also mitigating the impact to the neighboring properties as much as possible. Case commented there are some perceptual negative impacts with the project as well as a couple of homes that would have actual negative impact to their quality of life. He asked at what point in the process we would consider the concerns expressed by several of the neighbors regarding mitigation efforts. Ellis said staff have heard the concerns expressed tonight and now have direction when they sit down with the property owners. This action tonight approves the values to begin negotiating with the property owners. There will be time and opportunity to hear from the property owners. Tyra-Lukens asked if there is something that could be done to decrease the cost of the project. She observed there is no data on traffic counts for the roadway in the information the Council Members received. Such information is often included when projects are brought to the Council, and it would have been helpful information to help justify the cost of the project. MOTION: Butcher Wickstrom moved, seconded by Case, to approve layout dated January 31, 2018; to adopt Resolution No. 2013-33 approving the appraisal values for the property acquisitions for the Preserve Boulevard improvements, City Project Number I.C. 16-5940 (the"Project"); and authorizing the City Attorney and City Engineer to acquire the properties for the project by direct negotiation or condemnation. Motion carried 5-01. F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES February 5, 2018 Page 7 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Case said he wanted to clarify some of the points for Consent Calendar Item VIII.L regarding seeking legislation for an increase in the lump sum pension payout cap for the Fire Relief Association. The resolution would only authorize our pension relief representatives to be able to lobby the legislature. Eden Prairie has a one-of-a kind fire department with a large group of volunteers and a large share of the value of the fund. There has been a problem that we cannot get firefighters to take the lump sum option at retirement, and we would have to increase the cap to get more firefighters to take the lump sum. He noted this would come back to the Council if the ordinance were changed. Getschow said the Council adopted a similar resolution to incentivize the lump sum option three years ago. Case said that resolution passed and went to the governor for approval as part of a larger pension bill. The governor had issues with other parts of the bill and vetoed it, so we are trying to do this again. Tyra-Lukens noted she received an email from the Mayor of Maplewood regarding this issue. Getschow said we have talked to both Maplewood and Plymouth, and they have concerns about increasing the lump sum amounts. This started as an Eden Prairie only bill,but the State auditor has recommended this apply to all relief associations statewide. There are situations in Maplewood and other cities that have fire relief associations that would experience a negative impact with this bill. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:51 p.m.