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City Council - 03/06/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 6, 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 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. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FROM MEDEXPRESS FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution No. 2018-34) Lotthammer noted MedExpress has been a good supporter of the community and our park system. They recently donated $2500 towards four different events. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2018-34 accepting the donation from MedExpress Urgent Care for$2,500 for Parks and Recreation special events. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A.1. Case added Item XIV.A.2., and XIV.A.3. Getschow noted there was a goldenrod replacement sheet for Item VIII.B. to reflect changes made to the development agreement. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES March 6, 2018 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD MONDAY, FEBRUARY 5, 2018 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council workshop held Monday, February 5, 2018. Motion carried 4-0. B. CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 5, 2018 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Monday, February 5, 2018. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SCHEELS by CAPREF Eden Prairie. Second Reading of Ordinance No. 4-2018-PUD-1-2018 for PUD District review with waivers on approximately 20 Acres; Resolution No. 2018-30 for Site Plan review; Development Agreement. C. ADOPT RESOLUTION NO. 2018-35 SUPPORTING SOUTHWEST TRANSIT BONDING REQUEST FOR GARAGE AND MAINTENANCE FACILITY EXPANSION D. ACCEPT PUREGRACE RUSTICA LEASE AMENDMENT FOR SMITH DOUGLAS MORE PROPERTY E. APPROVE CHANGE ORDER NO. 1 FOR RILEY LAKE PARK IMPROVEMENTS BY ODESA II F. ACCEPT BIDS AND AWARD CONTRACT FOR 2018 FOREST HILLS PARK TENNIS COURT REHABILITATION PROJECT TO DMJ ASPHALT, INC. G. APPROVE RAILROAD LICENSE FOR INSTALLATION OF MULTIUSE TRAIL NEAR EDEN PRAIRIE HIGH SCHOOL H. AWARD CONTRACT FOR 2018 CRACK SEAL APPPLICATION PROJECT TO FAHRNER ASPHALT SEALERS, LLC I. ADOPT RESOLUTION NO. 2018-36 FOR PURCHASE OF PROPERTY FROM STATE OF MINNESOTA FOR CONVEYANCE NO. 2015-0086 CITY COUNCIL MINUTES March 6, 2018 Page 3 J. AMEND CONSERVATION EASEMENT OVER LOTS 1, BLOCK 1 OF BLUESTEM HILLS THIRD ADDITION K. ADOPT RESOLUTION NO. 2018-37 SUPPORTING 1-494 MNPASS PROJECT SUBMITTAL TO CORRIDORS OF COMMERCE MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. 2018 CDBG FUNDS (Resolution No. 2018-38) Resolution No. 2018-38 approving the use of 2018 CDBG funds as recommended by the Eden Prairie Human Services Committee Getschow said this is an annual event where the City Council holds a public hearing to allocate Community Development Block Grant(CDBG) funds for agencies and projects in the City. Eden Prairie receives approximately $200,000 from the federal government which the City can allocate and use for projects that benefit low to moderate income families and housing projects. This year the Human Services Review Committee has recommended three agencies to receive human services funding and has recommended $145,000 funding for housing programs. Mike Berglund, Board Chair of PROP, thanked the Council for their support of PROP's housing support services and emergency vehicle repair program. He reported the funding has helped many families with emergency housing needs and vehicle repair. Jon Burkhow, Director of the Household & Outdoor Maintenance for Elderly (HOME) program, said his organization works with seniors and local community volunteers. They are working to get more people involved as volunteers and have received a grant to develop an action plan to improve their procedures for recruiting and working with volunteers. HOME holds a technical conference every fall as part of their focus on technology for seniors. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2018-38 approving the use of 2018 CDBG Funds as recommended by the Eden Prairie Human Services Review Committee. B. PRESERVE VILLAGE RETAIL BUILDING—JERRY'S FOODS by Sambatek Inc. Adopt Resolution No. 2018-39 for PUD Concept Review on 9.10 Acres; First Reading of an Ordinance for PUD District Review on 9.10 Acres; Adopt Resolution 2018-40 for preliminary plat of one outlot into one lot on 9.10 Acres (Resolution No. 2018-39 for PUD Concept Review with waivers; Ordinance for PUD District Review with waivers; Resolution No. 2018-40 for Preliminary Plat) Getschow said the proposed project includes construction of a stand-alone retail building which will be located on the east side of the existing parking lot at 9625 CITY COUNCIL MINUTES March 6, 2018 Page 4 Anderson Lakes Parkway and will have a Starbucks with drive-through and up to two additional retail tenants. The proposed building is approximately 5,300 square feet. The front of the building faces west toward the Preserve Village shopping center and parking lot and the back of the building faces Hennepin Town Road. The building includes architectural details, articulation and roof line variation on all four sides. The building material is primarily brick and glass. Access to the site is from Hennepin Town Road. Brady Busselman, representing Sambatek, gave a PowerPoint presentation of the project. He said there is a lot of unused parking at the current site, so there will be room for the Starbucks drive-through. The 5400-square-foot building will be situated between the two entrances to Preserve Village Mall from Hennepin Town Road. They plan to construct one large sign near Anderson Lakes Parkway and to remove the two existing pylon signs on Hennepin Town Road because changes to Hwy 169 and Anderson Lakes Parkway intersection have made those signs less visible. They plan to have landscaping around the new building and have added landscape islands in the parking lot. The drive-through entrance will be on the south side of the building. They plan to remove some trees and replace them with other trees or screening shrubs. Kathy Anderson, President of Architectural Consortium, LLC, said they will be matching the remodel that was done to the mall three or four years ago. It is a predominately brick building, and they will match the colors. She reviewed the architecture and colors of the building and the outdoor patio feature. Butcher Wickstrom asked if the Starbucks currently located in the mall intends to stay there. Ms Anderson replied they will stay because the drive-through will serve different clients. Tyra-Lukens asked about a discrepancy in the landscaping plans regarding the number of caliper inches of trees to be replaced. Mr. Busselman replied they will be replacing 31 caliper inches of trees. Tyra-Lukens asked if the Starbucks will be a drive-through only. Ms Anderson replied the Starbucks will have indoor seating and outdoor patios, and they would expect it to become a community gathering place. Tyra-Lukens asked if there will be LED lighting and bike racks, and if the two patio areas are grassy or hard surfaced. Ms Anderson said the parking lot lighting will be upgraded to LED, there will be a bike rack which probably will be located near the patio, and both patio areas are hard surface. Tyra-Lukens asked what the walking pattern would be for customers who want to cross over to the mall building. Mr. Busselman replied there will be a striped area going to the main entrance of the mall building. Tyra-Lukens asked if cars will be crossing the striped walkway. Ms Anderson replied walking on the driving surface is the usual way of walking in a shopping center. Tyra-Lukens asked if there could be paver stenciling to delineate the walkway. Mr. Busselman replied they planned to have striping similar to that in a crosswalk,but they could evaluate the possibility of paver stenciling. CITY COUNCIL MINUTES March 6, 2018 Page 5 MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution 2018-29 for Planned Unit Development concept review on 9.10 acres; to approve 1 st reading of the ordinance for Planned Unit Development District review with waivers, on 9.10 acres; to adopt Resolution 2018-40 for Preliminary Plat on 9.10 acres into one lot; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. (Prior to the vote to close the public hearing the Council agreed to hear a comment from the audience) Karl Wahlquist, 10589 Sherman Drive, asked about the route delivery trucks would take for the new building and how the trucks would be screened for the neighboring residents. Ms Anderson said the side facing the freeway will be the delivery area. VOTE ON THE MOTION: Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Case 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, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. 2018 COMMISSIONS Getschow said the Council interviewed all the applicants on Wednesday, February 21. This year there were more people who applied than there were spaces to fill on the commissions. He noted there are openings every year, so we encourage those that may not have been appointed to apply again in the future. All of the commission terms will begin in April. There will be an orientation session at the end of March. MOTION: Case moved to appoint to the Conservation Commission Cindy Hoffmann and Lena Zakharova with terms ending March 31, 2021; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission Bob Barker and Kurt Schendel with terms ending March 31, 2021; Butcher Wickstrom moved to appoint to the Heritage Preservation Commission Paul Thorp, Steve Olson, Tara Kalar with terms ending March 31, 2021, and Richard Smith with a term ending March 31, 2020; Aho moved to appoint to the Human Rights and Diversity Commission Gregory Leeper with a term ending March 31, 2021; Case moved to appoint to the Parks, Recreation & Natural Resources Commission Larry Link with a term ending March 31, 2021, and Andrew McGlas son with a term ending March 31, CITY COUNCIL MINUTES March 6, 2018 Page 6 2020; and Tyra-Lukens moved to appoint to the Planning Commission Carole Mette and Edward Farr with terms ending March 31, 2021. Seconded by Case. Motion carried 4-0. Tyra-Lukens encouraged people to apply again if they did not receive an appointment. She noted the list of applicants is retained because there is sometimes a need to appoint a replacement for a commission member who may drop off. B. 2018 COMMISSION CHAIRS & VICE CHAIRS MOTION: Aho moved to appoint Lori Tritz Chair and Ashley Young Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Keith Tschohl Chair and Bob Barker Vice Chair of the Flying Cloud Airport Advisory Commission; Tyra-Lukens moved to appoint Steve Olson Chair and Tara Kalar Vice Chair of the Heritage Preservation Commission; Case moved to appoint Sana Elassar Chair and Gregory Leeper Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link Chair and Debra McBride Vice Chair of the Parks, Recreation and Natural Resources Commission; and Butcher Wickstrom moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission. Seconded by Aho. Motion carried 4-0. XIV. REPORTSSL A. REPORTS OF COUNCIL MEMBERS 1. Joint Airport Zoning Board—Council Member Aho Aho said he currently serves as Chair of the Joint Airport Zoning Board (JAZB), whose purpose is to help fulfill the State requirements that we have zoning around the airport. The JAZB recently held a public hearing at City Hall. There has been a lot of development in the vicinity of the airport, and we would like to establish zoning so people understand the rules for development in that area. He noted he also served on the JAZB in 2009 when the board made recommendations for zoning and submitted them to MnDOT for their approval. At that time there was litigation going on with regard to airports and zoning. The Metropolitan Airport Commission (MAC) and the JAZB decided it wasn't a good time to pursue the zoning ordinance. At this time all the lawsuits have been settled, and it is a good time to bring the JAZB back together. The JAZB has worked to update the existing ordinance and zoning that was developed in 2009. He noted a big component of the original recommendations concerned safety issues, and they have verified that the recommendations regarding safety are still valid. Aho said the JAZB reviewed their recommendations for the zoning plans at a recent public hearing. Currently, there is a period of public comment open until March 14. He urged anyone who is interested in the zoning recommendations to comment. After the comment period ends, the JAZB will meet to review the CITY COUNCIL MINUTES March 6, 2018 Page 7 comments, to make adjustments, and to approve the updated draft before sending it on to MnDOT. MnDOT will come back with their comments, and there may then be some negotiations and changes after their comments. The JAZB will hold another public hearing after which the final adoption of the zoning ordinance will occur. He noted the zoning ordinance being discussed does not impact airport operations and does not change any of the noise patterns at the airport. Tyra-Lukens asked how someone would read the proposed ordinance and submit a comment. Aho said comments can be sent to the Secretary of the JAZB, Metropolitan Airports Commission, 6040 28t' Ave So., Minneapolis, MN, 55450. Comments can also be emailed to FCM.zoniniz@MSPMAC.org. The ordinance is available on the MAC website, Metroairports.org, at the FCA Joint Airport Zoning tab. Case thanked Council Member Aho for representing the City Council on the JAZB. He noted during his tenure on the Council he has had two opportunities to vote on JAZB recommendations, and he has voted against the ordinances both times. He noted the MAC has zoning power over all communities in the State by legislative authority. In his mind we are getting involved in part because we felt it was better to have a seat at the table. He thought we need to preserve our options to fight the zoning. If weight restrictions were to be removed so that more and heavier planes could land at the airport, changes to the trapezoidal safety and noise contours of Zones A and B could occur. That could result in zoning that could occur on top of non-compliant,pre-existing uses, and that could be a detriment to residents. We need to be ready to step in and fight for our residents. He saw potential dangers down the road. 2. Humane Pet Store Ordinance—Council Member Case Case said he would like to get the other Council Members' agreement to have staff bring back to the City Council an ordinance that would ban the sale of mass-bred cats and dogs within our City. Tyra-Lukens agreed that was a good idea,but noted people would still be able to go to a private breeder to purchase a pet. Case noted all of the pet stores in the City already abide by this,but this would be a statement of values. He noted 24 of 25 national pet stores have adopted this policy. Butcher Wickstrom agreed with developing the ordinance. She was very proud of the two businesses in Eden Prairie that do not sell animals that have been mass bred. Both stores have been very active in helping to find homes for cats and dogs that have been rescued. She thought we should celebrate the good business models of the two stores in the City. 3. Scheels Project—Council Member Case Case said he was proud that Scheels has chosen to come into our community CITY COUNCIL MINUTES March 6, 2018 Page 8 with a flagship store;however, the fact that they will be selling guns in the Eden Prairie Mall, particularly the AR-15 model, has generated emails to Council Members. He asked if there is a way to open up a conversation looking at what Dick's and Walmart have done recently. He asked staff to set up a meeting with Scheels leaders or arrange to take comments on the website to hear the concerns of Council Members and residents. He noted Scheels has introduced positive measures to walk people with guns into the store; however,he wanted to share some of the concerns we have been hearing with Scheels representatives. Tyra-Lukens thought it would be a good idea to continue the conversation in some way. Butcher Wickstrom agreed and said a conversation would provide clarity of what Scheels will do to address the issue. They may have a policy to help residents feel safe and comfortable. People want to know how they can feel safe, and her heart is with everyone that contacted her. The question is how do we create a balance of supporting Second Amendment rights while, at the same time, making people feel safe. Aho thought we did ask such questions about Scheels' procedures regarding guns when the representatives were here to present the project plans. There was an incident at the current store that resulted in the mall being locked down, and we addressed that incident with the Scheels' representatives when they were here. He realized there is a lot of general, overall concern about weapons right now because of the recent mass shooting. The police force here in Eden Prairie is doing an exemplary job in preparing for and responding to such incidents. They help people with mental health issues get the help they need. He thought we, as a City, need to work with our State and national representatives to effect changes to gun laws. As a City, it is important to be aware of what is going on and to work with local law enforcement and vendors to keep from selling weapons to those who should not have them. He agreed it would be good to meet with Scheels about their safety procedures. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. ACCEPT BIDS AND AWARD CONTRACT FOR STARING LAKE PARK PLAY COURT IMPROVEMENTS Lotthammer noted the City Council and the Parks Commission have heard about the Staring Lake Play Court improvement project several times the last couple of years. There are quite a few members of the Southwest Metro Pickleball Association in the audience tonight, and those members have been helpful to staff in understanding the concerns about pickleball courts. CITY COUNCIL MINUTES March 6, 2018 Page 9 Lotthammer said the project was put out for bid with two alternates bids for the project. The base project included redoing the tennis and basketball court and building four pickleball courts with site preparation and a patio area. Alternate 1 included six pickleball courts, and Alternate 2 had eight pickleball courts. He said trees along the road would have to be removed,but several of the trees could be transplanted. The alternate for eight courts would require a retaining wall along the side of the eighth court. The sand volleyball court would be relocated to accommodate the new construction. The courts will not have lights because the cost for lighting is prohibitive. There will be drinking fountains, bike racks and benches. The trail will have to be rerouted slightly. Lotthammer said nine contractors bid on the project, and staff was very pleased with the prices that came back. The lowest bidder was Odessa II with a total bid of$426,409 for the project with Alternate 2. That is a reasonable price and is under the engineers' estimate. Odessa 11 is the contractor that did all the work at Riley Lake Park last year as well as work at several other of our parks. By changing the schedules for redoing the tennis and basketball courts and updating the Staring Lake building, there is funding available from the Capital Improvement Plan. The Southwest Metro Pickleball Association has pledged $47,150 in fundraising for the project, and they submitted a petition in support of the eight-court alternate. He said construction could begin in April or May with the project open for play in August or September. Staff determined that the eight court alternate was a good option. The Parks Commission heard the presentation at their meeting last night. The meeting had limited attendance due to the weather,but those in attendance agreed with the staff recommendation, as did those to whom the presentation was emailed. Lotthammer said we have reached a point where mixing tennis and pickleball isn't working well. Staff would propose to revert Riley Lake Park back to tennis courts. They are looking at a concept at Pioneer Park for 2-4 permanent play courts with a new court surface. One of the tennis courts would be put back to tennis only, and the other tennis court would be made into 2-4 pickleball courts. Tyra-Lukens commented this was an exciting report, and it is great to see the project came in under estimate. Aho asked if the eight-court alternate would meet the needs of the pickleball community in terms of hosting tournaments. Lotthammer replied the pickleball community would probably say the more courts the better,but we would like to accommodate the daily play needs for residents. Other communities have plans to expand the number of pickleball courts in the next few years as those are needed. Aho asked how many courts there will be in the City. Lotthammer said this would make the total 16. There are four indoor courts at the Community Center, and seven private courts at Champions Hall. CITY COUNCIL MINUTES March 6, 2018 Page 10 Butcher Wickstrom appreciated the hard work staff has done on this and the creativity behind it. She supported Alternate 2 with the eight courts. She was pleased we are able to tweak some future projects and move back current projects so we can do this. It was a hard conversation at the time, and she thanked staff for figuring out a way to get this done to serve the community at a reasonable cost. Aho thanked the Southwest Metro Pickleball Association for bringing forth some funding. Case thanked staff for being sensitive to the direction the Council was going and to the evolving demographics in the City. MOTION: Butcher Wickstrom moved, seconded by Case, to accept the bids and authorize entering into a contract to include the base bid and bid alternate #2 with Odesa II for the Staring Lake Park Play Court Improvements Project. Motion carried 4-0. 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: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:20 p.m.