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City Council - 10/02/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, September 18, 2018, as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2018 CITY COUNCIL MINUTES October 2, 2018 Page 2 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, September 18, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC) by City of Eden Prairie. Ratify approval of Summary Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts; Resolution 2018-109 approving Summary Ordinance. (Summary Ordinance for publication; Resolution No. 2018-109) C. ADOPT RESOLUTION NO. 2018-110 APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION D. ADOPT RESOLUTION NO. 2018-111 APPROVING HENNEPIN COUNTY HOUSING AUTHORITY'S PARTICIPATION IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT E. AWARD CONTRACT TO HTPO FOR DESIGN OF NEW CITY YARD WASTE DROP OFF SITE F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE PROJECT G. ADOPT RESOLUTION NO. 2018-112 AWARDING CONTRACT TO VEIT & COMPANY, INC. FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE IMPROVEMENT PROJECT H. APPROVE CONTRACT WITH TOUCHPOINT LOGIC LLC FOR COUNCIL CHAMBERS LIGHTING UPGRADE AND REDESIGN MOTION: Case moved, seconded by Aho, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS 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." CITY COUNCIL MINUTES October 2, 2018 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Trail Connection Between Dove Court and Dell Road—Council Member Case Case said a group of residents asked Council Members to visit their neighborhood due to concerns about a development agreement passed over a year ago pertaining to a trail connection for two yards between Dove Court and Dell Road. He noted he was the one who raised the issue of a trail when the project was first voted on by the Council. He commented that over the 22 years he has served Eden Prairie, we have made a purposeful intent to connect neighborhoods across the City. He noted he lives on a cul-de-sac that has no sidewalk, and he has obtained permission from his neighbors to cut through their yards to walk to other streets. He believed deeply when we have an opportunity to connect neighborhoods by putting pathways between houses, we should do so. After visiting with the neighborhood on Dove Court he still believed we continued to do the right thing even though this path may not accomplish the same objective that others do. This path gives a shorter route out for the two cul-de-sacs to Dell Road. He said he was looking for guidance from the Council about this particular neighborhood and those who live there now. Nobody particularly wants this connection,but we made an assumption that is consistent with other neighborhoods. Case then asked about the possibility of keeping the right-of-way, and possibly the curb cut,but not building the trail at this time. There might be a problem of funding for building the trail at a later date. Another idea would be to make it so that the owner would have no additional cost for a last minute redo. He mentioned to the neighbors he would raise this issue tonight. He also let them know we could not vote on the issue tonight but could direct staff to review the issue and possibly revise the development agreement. Tyra-Lukens commented it was ironic that at the Council Workshop prior to the meeting we learned how trails increase property values, increase connectivity and increase desirability. That has been our experience as a Council as well, and we know how much our residents value our trails. There were a few comments made about reasons not to do the trail. The issue of construction traffic was brought up; however, there have been many neighborhoods that have had to go CITY COUNCIL MINUTES October 2, 2018 Page 4 through that so she did not buy that argument. She agreed this trail does not provide anyone with access to the rest of the trail system in the City. This trail is as much about the neighbors on Dove Court, and any new residents moving there there,having a safe access to the trail system. There are no sidewalks on Dove Court, which is true for many of our cul-de-sacs. She did not buy the idea it is safer to walk or bike on West 82nd Street because that street has no trail, and bikes are not to be ridden on the sidewalk. She would like to get more information before deciding on this request, including how many accidents occur where trails abut a four-lane road, what is the incidence of theft in neighborhoods with trails into them, how many pedestrian accidents occur on trails, and how many children have been kidnapped from neighborhoods because of a trail. If we abandoned any trail that goes through a neighborhood, runs parallel to a roadway, and does not have a crossing point across the boulevard into the roadway, we would get rid of a lot of our trail system. Aho was open to looking at this again. In general, he agreed we should have trails that connect with our system; however, the neighborhood does not want it. He could not recall a time when such neighborhood opposition to a trail existed. He was open to hearing from the residents that live there. He agreed we could leave the right-of-way access but not complete it if the majority don't want it. It is not a very big trail, and would not be a burden to add later. Tyra-Lukens noted she was nervous about allowing a neighborhood to decide whether a trail should go through the neighborhood. Nelson said she would like to look at this again. She agreed with the concept that doing a trail system is important to the City. There are places in the City where a trail is intended but not yet put in. She would like to know what the cost would be to put the trail in later. She thought we should at least look at this again when we have more information. Case asked if the timing would allow the developer to continue with the rest of the construction but put the trail on hold until we decide on the trail at a later meeting. Ellis replied he didn't know the status of the vacant lots there. Case said two of them are not sold. Ellis said we would have some flexibility in our timing if they have not been sold and could leave the Class 5 surface. He noted it will soon be the time when asphalt is not available. Case agreed with Mayor Tyra-Lukens that so many times as a Council we have to make decisions for the good of all that have slight negative impacts on neighbors. Trails are for the good of everyone around the trail location. What makes this situation unique and different is that this wasn't a connector that was aiding anyone outside of the two cul-de-sacs. The main reason he wanted this connection was for the neighbors who live there. Most of those neighbors will not be living there in twenty-five years. He was okay backing off on this trail, but he would not back off on one that benefitted other neighborhoods. CITY COUNCIL MINUTES October 2, 2018 Page 5 Tyra-Lukens said she would like to see some more information about this so we can make a decision, including whether safety is the main reason neighbors are concerned. We could vote on this at the next meeting. Case asked how the development agreement would be amended. Rosow said the development agreement is normally part of the PUD zoning ordinance. He would have to consider the process required to undo this. He said he would want time to go through the repercussions of not going through the development process to amend the development agreement that is part of the terms and conditions of the zoning for a project. Nelson commented it may take more time than the two weeks before the next meeting date. Getschow said we would look at the development process and implications of revisions, but we could still bring back answers to some of the questions asked. We need to determine if it would require a public hearing. Case did not recall undoing something like this before. We do need Mr. Rosow's advice on this. He asked if this would require a super majority vote to undo. Rosow replied it would not. 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: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:22 p.m.