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City Council - 08/21/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 21, 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 Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $9,980.04 FROM SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution No. 2018-86) Lotthammer said this is the tenth year of regular donations from the Sampson Family in addition to their original donation of the Art Center property. This year they are donating $9,980.04 for more equipment at the Art Center. Tyra-Lukens thanked the Sampson Family for their support over the past ten years. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2018-86 accepting the donation in the amount of$9,980.04 from the Sampson Family to go toward Art Center equipment. Motion carried 4-0. B. ACCEPT CONTRIBUTION OF$23,575 FROM SOUTHWEST METRO PICKLEBALL CLUB FOR STARING LAKE PARK PICKLEBALL COURTS (Resolution No. 2018-87) CITY COUNCIL MINUTES August 21, 2018 Page 2 Lotthammer said the Southwest Metro Pickleball Association (SMPA)pledged $47,150 to assist in the cost of the pickleball courts that were a part of the Staring Lake Court Improvement Project. The courts are finished and have received many positive reviews. This contribution is in the amount of$23,575 and is the first half of their pledged contribution. He said the SMPA will host a grand opening event at the new courts on August 29, 2018, at 5:30 p.m. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-87 accepting the donation of$23,575 from Southwest Metro Pickleball Club to go towards Staring Lake Park Pickleball Courts. Motion carried 4-0. C. ACCEPT DONATION OF $1,700 FOR HOMETOWN CELEBRATION (Resolution No. 2018-88) Lotthammer said this is a donation of$1,700 from three donors towards the Hometown Celebration on July 3 and 4. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-88 accepting the donation of$1,700 from various donors to go towards the Hometown Celebration. Motion carried 4-0. D. ACCEPT DONATION OF $5,000 FOR SAFETY CAMP (Resolution No. 2018-89) Lotthammer said this is a donation of$5,000 from the Eden Prairie Crime Fund to be used for the Safety Camp. The donation was given to the Crime Fund by Comcast. Motion carried 4-0. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2018-89 accepting the donation of$5,000 from the Eden Prairie Crime Fund that was donated from Comcast to go towards Safety Camp. Motion carried 4-0. E. ACCEPT DONATION OF $2,500 FROM CHANHASSEN AMERICAN LEGION POST#580 FOR SENIOR CENTER PROGRAMMING AND WOODSHOP EQUIPMENT (Resolution No. 2018-90) Lotthammer said American Legion Post#580 is donating $2,500 to go towards veterans and senior programs and woodshop safety and equipment needs at the Senior Center. He noted we promote use of the woodshop by any adult in the community and provide safety training for using the equipment. Tyra-Lukens asked if there is information on the website regarding use of the woodshop and hours of operation. Lotthammer replied there is information on the website under the Senior Center section, and it is publicized in the newsletter. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-90 accepting the donation of$2,500 from American Legion Post#580 to go towards veterans and CITY COUNCIL MINUTES August 21, 2018 Page 3 senior programs and woodshop safety and equipment needs at the Senior Center. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1.,A.2., and A.3. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 17, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, July 17, 2018, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 17, 2018 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, July 17, 2018. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CULVERS by Epic, LLC. Second Reading of Ordinance 15-2018-PUD-5-2018 for PUD District Review with waivers on 13.02 acres; Resolution 2018-91 for Site Plan Review on 13.02 acres; Development Agreement. (Ordinance No. 15-2018-PUD-5- 2018 for PUD District Review with waivers; Resolution No. 2018-91 for Site Plan Review) C. PIZZA LUCE by Pizza Luce, Second Reading of Ordinance 16-2018-PUD-6-2018 for Planned Unit District Review on 2.12 acres; Resolution 2018-92 for Site Plan Review on 2.12 acres; Development Agreement. (Ordinance No. 16-2018-PUD-6-2018 for PUD District Review; Resolution No. 2018-92 for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE NO. 17-2018 AMENDING CITY CODE SECTION 5.37, RELATING TO PEDDLERS, SOLICITORS,AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION NO. 2018-93 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2018-94 APPROVING FINAL PLAT OF PRAIRIE VIEW CENTER 3RD ADDITION CITY COUNCIL MINUTES August 21, 2018 Page 4 F. ADOPT RESOLUTION NO. 2018-95 APPROVING FIRST AMENDMENT TO LICENSE AGREEMENT FOR DELL ROAD WATER TOWER G. ADOPT RESOLUTION NO. 2018-96 SUPPORTING CITY'S LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) GRANT APPLICATION FOR TRAIL POINTE RIDGE/SMITH VILLAGE H. AUTHORIZE LEASE AT EDEN PRAIRIE COMMUNITY CENTER FOR HIGH SCHOOL GIRLS HOCKEY COACHES ROOM I. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS PROPERTY J. APPROVE SUBORDINATE FUNDING AGREEMENT NO. 10 CHANGE ORDERS FOR SWLRT PROJECT K. APPROVE ACQUISITION OF PARCEL 24 FOR PRESERVE BOULEVARD PROJECT L. APPROVE ACQUISITION OF PARCEL 35 FOR EDEN PRAIRIE ROAD PROJECT M. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT N. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR ROADWAY WORK QUIET ZONE DESIGN O. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR RAIL WORK QUIET ZONE DESIGN P. APPROVE SITE LEASE AND AGREEMENT WITH STANDARD SOLAR, INC FOR CONSTRUCTION OF SOLAR PANEL ARRAYS MOTION: Nelson moved, seconded by Case, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. ABRA AUTO BODY & GLASS by Oppidan, Inc. Resolution 2018-97 for Guide Plan change from Community Commercial to Industrial on 2.98 acres; First Reading on an Ordinance for Zoning District Change from C-COM to I-2 on 2.98 acres; Resolution 2018-98 for Preliminary Plat on 2.98 acres. (Resolution No. 2018-97 for Guide Plan Change; Resolution No. 2018-98 for Preliminary Plat) CITY COUNCIL MINUTES August 21, 2018 Page 5 Getschow said the proposed project is for the construction of an approximate 18,000 square foot Abra Auto Body building. The proposal includes removing the existing structures and redeveloping the site for the proposed use. The proposed site plan complies with all City Code requirements including building materials, architecture, parking lot design and parking stall count. The applicant is requesting that the property be reguided to Industrial. Prior to 2004, the subject property was guided and zoned for industrial use. In 2004, a request to reguide and rezone the properties for commercial uses was approved. Since that time, two commercial development proposals have been approved by the City but neither have been constructed. Both staff and the Planning Commission support the request to revert the guiding and zoning back to Industrial. Jim Hornecker, representing Oppidan Investment Corp., gave a PowerPoint presentation reviewing the project. He showed the site and floor plans for the facility which will include a security fence and two access points to the site. His company worked with staff to develop the plans for the project. Aho asked what kind of fence will be installed. Mr. Hornecker replied it will be a seven-foot high, vinyl, low-maintenance privacy fence. Mr Hornecker reviewed the sustainability features of the project which included pervious surfaces, LED lighting in the parking area and inside the building, stormwater treatment on site for a two-year storm event,bike racks, and use of native plant landscaping. They expect to employ 12-20 employees. Nelson asked why they want to change the zoning from Commercial to Industrial. Mr. Hornecker said Industrial zoning helps with the use they plan. Nelson asked if they will keep the other Abra facility in town. Mr. Hornecker said they will eventually move all of the business to the new site. Case said he would like to visualize the streetscape on the sides of the building and asked if they have any photos. He commented the north elevation faces the nearby neighborhood. Mr. Hornecker showed drawings of the building elevations that included the fencing and noted there will be no doors on the north side of the building. Case asked if there is any concern about plant growth in the rainwater gardens during dry months and if they are aware of the long-term commitment to keep up the gardens. Mr. Hornecker replied they are aware of the necessary upkeep. Case asked if the stormwater capacity is only for this site or also for the lot to the south. Mr. Hornecker replied there is a grade change between the two. Aho asked how the air from the spray booths is treated. Mr. Hornecker replied he did not know the exact specifications; however, the booths are enclosed and there are some air connections with filters to protect the air. Aho noted he liked the design. Nelson asked if this site could be opened up as full industrial if the zoning is changed to Light Industrial and then the proponent leaves the site. Jeremiah replied our updated CITY COUNCIL MINUTES August 21, 2018 Page 6 Comprehensive Plan will guide this site as Flex Service, which would be the same as the area at Martin Drive. We anticipate a new ordinance will be developed to go with this new zoning category. Staff realized we needed a type of zoning to accommodate auto-oriented and certain other uses and will do that by using the Flex Service zoning. She would see this as a fit under both the current light industrial zoning as well as the future Flex Service zoning. She noted staff worked with the proponent to encourage building on this site rather than near Aztec Drive, which is a more sensitive area. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2018-97 for Guide Plan Change from Community Commercial to Industrial on 2.98 acres; to approve 1st reading of the ordinance for Zoning District change from C-COM to I2 on 2.98 acres; to adopt Resolution No. 2018-98 for Preliminary Plat of 3 lots into one lot on 2.98 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, 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 1. Stop Sign on Dell Road—Council Member Case Case said in the course of walking around the City recently he noted some issues that have larger implications. His first concern has to do with the stop sign south of Highway 5 on Dell Road. Several neighbors told him cars blow through the stop sign on a regular basis and asked if the City could install a blinking lighted stop sign at that corner. He thought that location might be a good place to try that style stop sign. 2. Bees and the Above Ground Pool Near Village Woods Drive—Council Member Case CITY COUNCIL MINUTES August 21, 2018 Page 7 Case said when the Council passed an ordinance allowing bees to be raised in our City, we knew there would be inadvertent consequences. He did not know if we had ever talked about what we would do if allowing bees brought negative consequences, and this particular situation is a large negative consequence. The closest beehives to the pool are at the nearby farm a couple of hundred yards away. The large number of bees being attracted to the pool makes it extremely difficult to use the pool Tyra-Lukens asked what would trigger a reassessment of the situation. Case said he would like to determine what other cities have done when faced with a similar situation. He didn't want one individual's freedom to be a detriment to a neighbor, and he wanted the Council to think about what would happen if we were able to track the bees to a particular location. He asked staff to check with other cities to see what they do in such cases. Nelson said she believed there should be some recourse in such situations. 3. City-Owned Outlot Near Village Woods Drive—Council Member Case Case pointed out it would have been a great opportunity to cut some branches off to open up the path through the outlot when City staff was cleaning up there recently. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Authorize Contract with Blackstone Contractors, LLC for Minnesota River Vista Project Lotthammer said this is a request to approve a contract for the construction of the Minnesota River Vista project to add a wayside viewing area overlooking the Minnesota River Valley. He noted there is a lot of history around this project, and several of our City commissions and the City Council have been discussing the project for quite some time. He gave a PowerPoint presentation about the project. He noted the plans include honoring the history of Lookout Park Wayside, which is located just to the east of this project and is currently owned by the Metropolitan Airport Commission (MAC). The project will include information about the old wayside park with interpretive signs at the new location. Some of the existing stones at the old wayside park will be incorporated into the new site. The new location is at the end of Charlson Road, and the new trail will connect from Charlson Road through the culvert under Flying Cloud Drive. There will be interpretive signs centering around three themes: the history, the environment and the location. Naturalists from the U.S. CITY COUNCIL MINUTES August 21, 2018 Page 8 Fish & Wildlife staff will help with the interpretive signs. The Parks Commission and the Heritage Preservation Commission have provided input for the design of the project. Lotthammer reviewed the bid results. There is an alternate to the bids to add about$16,500 for decorative concrete and anti-graffiti coating which staff strongly recommends be included. He noted the low bid of$346,112.50 includes the alternate and was lower than their original estimate of$406,690. Staff has worked with Blackstone Contractors before. If approved, construction could begin this month, with substantial completion by November 2018. The interpretive panels would be installed in April/May of 2019, with a grand opening in June, 2019. Nelson asked if there is parking at this site or if it is bike or pedestrian access only. Lotthammer replied there is no parking possible at the location itself. The closest parking would be on Charlson Road. Visitors could then take the trail through the culvert to the overlook. Case asked if staff is working directly with any historical group that would be advising in terms of some of the special American history at this location. He noted there was a sign at the old wayside honoring the site as the last battle between the Ojibway and the Dakota. Lotthammer replied there is a small overlook at Hennepin Village that addresses that battle. He noted staff worked with the State Historic Preservation Office (SHIPO) early on in the project. Case asked if SHIPO has signed off on the project. Lotthammer replied they have, as well as the MAC. Case suggested it would be good to duplicate the sign from the old wayside. Case said this would also be an opportunity to talk about the glacier river history. Lotthammer responded such a sign would be up to the Fish & Wildlife experts. Each of the three themes for the interpretive signs would involve the expertise of a different group. Case noted he would like to include the alternate in the contract. MOTION: Case moved, seconded by Aho, to accept bids and award the contract for the MN River Vista Site Improvements Project to Blackstone Contractors, LLC in the amount of$346,112.50. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIE H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES August 21, 2018 Page 9 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:48 p.m.