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City Council - 09/04/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 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, Finance Director Sue Kotchevar, 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. DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK PROCLAMATION Tyra-Lukens read a proclamation proclaiming the week of September 9-15, 2018, to be Direct Support Professional (DSP) Recognition Week in the City of Eden Prairie. She said Eden Prairie is home to a number of residences and businesses that employ direct support professionals (DSPs). The DSP workforce is well over 3.6 million workers in the United States. DSPs provide a broad range of individualized, essential support all while building close,respectful, and trusted relationships with individuals with disabilities. Terriann Thommas, Hammer Residences Director of Advocacy, reviewed the role of the DSP workforce and thanked the City Council for honoring these professionals and recognizing their work. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES September 4, 2018 Page 2 Case added Items XIV.A.1. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 21, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, August 21, 2018, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 21, 2018 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, August 21, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2018-99 APPROVING FINAL PLAT OF CEDARCREST STABLES C. AUTHORIZE PURCHASE OF 2019 FORD UTILITY INTERCEPTOR SQUAD CAR D. ADOPT RESOLUTION NO. 2018-100 ORDERING REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE E. DECLARE OFFICE FURNITURE OBSOLETE MOTION: Case moved, seconded by Nelson, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Resolution 2018-101 for Guide Plan amendment guiding to Rural and Neighborhood Commercial; first reading of an ordinance for Planned Unit Development district review with waivers and Zoning district change to Rural and Highway Commercial on 2.2 acres; Resolution 2018-102 for Preliminary Plat from two lots to one lot and one outlot on 11.69 acres (Resolution No. 2018-101 for Guide Plan Amendment; Ordinance for PUD District Review with waivers and Zoning District Change; CITY COUNCIL MINUTES September 4, 2018 Page 3 Ordinance for Zoning District Change; Resolution No.2018-102 for Preliminary Plat) Getschow said in 2014 the Council approved improvements to the Lion's Tap site. Much of what is proposed tonight is similar to that proposal. The property is located at the intersection of Flying Cloud Drive and Spring Road. The restaurant is located on the proposed Lot 1, which is 2.2 acres. The applicant is proposing to plat the undeveloped land north of the restaurant as an outlot. Due to the reconstruction of Flying Cloud Drive and Spring Road, including the realignment of Spring Road to the east, Lion's Tap is proposing to expand and improve their parking lot and to add two small vestibules to the building. Some waivers are requested for the project. He reported the Planning Commission had comments about the screening at the August meeting but did recommend approval of the project on a unanimous vote. Their comments about screening have been included in the plans. John Shardlow, Stantec Consulting, gave a PowerPoint presentation about the project. He noted they were unable to do final approval in 2014 when the project was first given preliminary approval because the design of Spring Road was still in flux and the site is constrained. He reviewed the plans for drainage and infiltration, landscaping, and the parking lot screening. He noted the parking lot screening has been a challenge,but Hennepin County allowed them to plant along the road right-of-way in order to screen the west parking lot. He said staff raised an issue about the gas pump that existed there during the early years of operation; however, the Notermanns received word today the PCA does not feel any further mitigation of the gas pump is necessary. Case asked why the enhanced landscaping was required since there seems to be no potential for residential buildings on the west, south or east of the property. Jeremiah replied the City generally tries to screen headlights from reflecting off a site. Joel Wiegert, 10131 Eden Prairie Road, said he had no issues with the proposed parking lot, but questioned the resolution for preliminary plat as there was no information available on that. He also asked why rezoning was necessary. Jeremiah replied much of the reason for rezoning was because the realignment of the road ended up being a little different than expected. There was a minor adjustment to what is zoned commercial and rural, with quite a bit going into rural zoning and not as much changing from rural to commercial. The resolution for preliminary plat is made to address some of the remnant parcels and to designate an outlot to the north that cannot be developed. Tyra-Lukens asked if the proposal would give more protection to the neighbors. Jeremiah responded that is the intent because the outlot and the rural zoning protects it from development. Mr. Weigert asked if the outlot includes everything that surrounds the building. Jeremiah replied that was correct. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt CITY COUNCIL MINUTES September 4, 2018 Page 4 Resolution No. 2018-101 amending the Guide Plan from Neighborhood Commercial to Rural on .22 acres, and to Neighborhood Commercial on .18 acres; to approve the first reading of the ordinance for Planned Unit Development District review with waivers on 2.2 acres and a Zoning District change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres; to approve the first reading of a Zoning District change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and to adopt Resolution No. 2018-102for preliminary plat from two lots into one lot and one outlot on 11.69 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. Tyra-Lukens thanked the proponent for reinvesting in Eden Prairie. B. CODE AMENDMENT— CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER (TC) by City of Eden Prairie. First Reading of an Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts (Ordinance to amend City Code Chapter 11) Getschow said the TC zoning district was developed nine years before the TOD zoning district. The proposed amendments provide consistency between the TOD district and the TC districts where appropriate. The proposed amendments in the TOD zoning district are primarily housekeeping items, providing more clarity with the current regulations and include minor modifications to definitions within the code. In the TC zoning district, more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to approve first reading of the ordinance to amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning districts. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, 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 CITY COUNCIL MINUTES September 4, 2018 Page 5 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Speeding on Waterford Road—Council Member Case Case said he has been visiting neighborhoods around the City, and the neighbors near Waterford Road complained about speeding from east to west on Waterford. He thought this would be a good example to bring back to staff to discuss alternatives to deal with a speeding issue. Ellis said we regularly receive requests to take action against speeding in neighborhoods. Staff will usually ask for more information to determine patterns. The City can have directed enforcement by the Police Department if there are certain times when the speeding is worse. There are mobile and permanent speed signs available to place in neighborhoods; however, many times it is the people who live in the neighborhood who are speeding. Staff can also check into more permanent solutions, such as traffic circles, that can be used if those would be warranted. Case asked how many digital reading units we have and if they are effective. Ellis said the City has three or four permanently placed units and one mobile unit. He did not know if a permanent speed display would be warranted on Waterford as it is primarily a neighborhood street. Case noted Waterford has a potential to be a cut through from the Preserve; therefore, it might be a candidate for a speed display. B. REPORT OF CITY MANAGER 1. Resolution No. 2018-103 Certifying Proposed 2019 Property Tax Levy, Accepting Proposed 2019 budget, Setting Date for Public Hearin, and Consenting and Approving HRA Tax Levy Getschow said the proposed resolution will set a ceiling and a date in December for the final 2019 tax levy and budget. He explained Eden Prairie prepares a two-year budget; however, we need to certify our budget and levy annually. In 2017 we began preparing the 2018 and 2019 budgets, so this will be the second year of the budget. He noted wages and benefits are pretty close to what was proposed. There is a 2.9% increase in budget and a 2.7% tax levy increase. Budget notices will go out to each taxpayer after the action tonight to let them know the preliminary levy figures. He reported the median value home is worth $386,000 this year, which is an increase from $369,000 over last year, or just under a 4% increase. There is an increase in taxes of less than 2% for the CITY COUNCIL MINUTES September 4, 2018 Page 6 median value home. He noted the budget follows City Council direction to provide a high level of City services at a low price. Case commented the current Council Members have been on the Council for the last ten years, and the levy has gone up only 1.8% over those years. During that time, our City has won many national awards. We continue to have very high approval ratings from our residents in the City survey. He believed this to be the legacy of the current Mayor and Council Members. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2018- 103 that: certifies the proposed 2019 property tax levy to be $38,278,724; sets December 4, 2018, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2019 budget of $50,054,720; and consents and approves the HRA tax levy of$200,000. Motion carried 4-0. 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: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:46 p.m.