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City Council - 10/16/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 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. 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 Case added Item XIV.A.2. Aho added Item XIV.A.3. Nelson added Item XIV.A.4. Butcher Wickstrom added Item XIV.A.5. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, October 2, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2018 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 2, 2018, as published. Motion carried 5-0. CITY COUNCIL MINUTES October 16, 2018 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Second Reading of Ordinance 19-2018-PUD-7-2018 for Planned Unit Development District Review with Waivers and Zoning District Change to Rural and Highway Commercial on 2.2 Acres; Resolution 2018- 113 for Site Plan Review on 11.69 Acres (Ordinance No. 19-2018-PUD-7-2018 for PUD District Review with Waivers and Zoning District Change; Ordinance No. 20-2018 for Zoning District Change; Resolution No. 2018-113 for Site Plan Review) C. ADOPT RESOLUTION NO. 2018-114 AUTHORIZING A GRANT SUBMISSION TO HENNEPIN COUNTY YOUTH SPORTS FOR DEVELOPMENT AND CONSTRUCTION OF STARING LAKE PARK RECREATION CENTER D. AUTHORIZE PURCHASE OF FOUR NEW LUCAS III CHEST COMPRESSION SYSTEMS E. AUTHORIZE PURCHASE OF FIVE NEW RAD-57 EQUIPMENT F. AUTHORIZE ANNUAL MAINTENANCE AGREEMENT WITH NICE LOGGER EQUIPMENT G. AUTHORIZE REIMBURSEMENT OF $27,240 TO CITY OF MINNETONKA FOR SHARE OF COUNTY ROAD 62 FLASHING YELLOW ARROW CONVERSION PROJECT H. APPROVE SUBRECIPIENT GRANT AGREEMENT FOR TOWN CENTER STATION AND EDEN ROAD EXTENSION PROJECT I. DECLARE PROPERTY AS SURPLUS J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS PRESENTED IN 2019 BUDGET K. AWARD CONTRACT FOR ACOUATICS LIGHTS REPLACEMENT TO PRAIRIE ELECTRIC, INC. MOTION: Nelson moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES October 16, 2018 Page 3 A. ASPIRE EDEN PRAIRIE 2040—COMPREHENSIVE PLAN by City of Eden Prairie. Resolution 2018-115 Approving the Aspire Eden Prairie 2040 Comprehensive Plan Update (Resolution No. 2018-115) Getschow said the City Council and staff have been working on the Comprehensive Plan update for 18 months. The Council has held many workshops about the plan along with community engagement and research. This is a draft plan that has been available for comment for quite some time and will remain available until the end of November. Julie Klima, City Planner, and John Houseal, Houseal Lavigne Associates, gave a PowerPoint presentation about the draft Aspire Eden Prairie 2040 Comprehensive Plan. She said the Metropolitan Council has asked all communities to develop such a plan and have requested specific topics to be addressed in the plan. The Planning Commission and the City Council have worked as a steering committee through the 18- month process. In addition, the City has had a robust community engagement period. The Planning Commission recommended approval of the draft plan on September 24, 2018. Their comments and feedback have been incorporated into the plan. Klima reviewed the planning process which included community engagement and stakeholder analysis through City Connect, focus groups and community groups and events. Analysis of existing conditions was done through market and demographic analysis and review of past plans and studies. In addition, special studies were done on housing, transportation, Martin Drive and the Crosstown Industrial. She reviewed the documents used to develop the draft plan. Klima and Mr. Houseal reviewed Chapters 1 to 9 of the draft plan. Mr. Houseal reviewed the final chapter, Implementation Plan, which outlines specific strategies and actions to meet the goals and objectives of the previous chapters. It will include an implementation matrix that highlights specific needs in Eden Prairie, how and when a recommendation addresses that need, and what tools could be used to do so. Klima outlined the next steps for the draft plan. Staff continues to work to address the Met Council's comments and other comments received on the preliminary draft. The end of November marks the end of the comment period, and at that time staff will provide reports and responses to comments received and will submit the final plan to the Met Council for review in early December. Tyra-Lukens questioned why the Council was being asked to approve the plan tonight while the public comment continues until the end of November. Klima replied the overall general direction of the plan is expected to remain the same. We must provide all the comments to the Met Council along with the staff responses to the comments. Nelson commented the housing portion of the plan was the one of the last to be reviewed by the Council. She asked if the references to affordability of housing were meant to occur by 2040 or by 2027. The Council looked at a lot of places with affordable housing that was expiring in 2026 or 2027. She asked how we mandate buildings meet our quality standards with our requirements in place and yet not let rents CITY COUNCIL MINUTES October 16, 2018 Page 4 raise excessively. She also recalled from the last workshop we discussed plans to fit and refit existing homes. She would hope we would continue to discuss that idea as part of the plan to look at in the future. Klima responded all of those concerns would be incorporated in the implementation chapter and in the matrix. Tyra-Lukens said the City Council appreciated Mr. Houseal, staff members and those who made comments on the plan. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; and to adopt Resolution 2018-115 approving Aspire Eden Prairie 2040 and authorizing submittal to the Metropolitan Council. Motion carried 5-0. B. 2018 SPECIAL ASSESSMENTS (Resolution 2018-116) Getschow said this is an annual event when the City Council holds a public hearing to consider levying the various special assessments throughout the year. This year there are a few development assessments,but the list is very brief. Tyra-Lukens noted the assessments total about$18,000. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing for the approval of the 2018 Special Assessments, and to adopt Resolution No. 2018-116 approving all Special Assessments presented in the fall of 2018. Motion carried 5-0. 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 1. KOPESKY ADDITION TRAIL Getschow said at the last City Council meeting the Council asked staff to look into the trail that was part of the Kopesky Addition in 2017. Staff has brought CITY COUNCIL MINUTES October 16, 2018 Page 5 back three options to consider: 1. Reaffirm the decision to install the trail; 2. Eliminate the trail extension, vacate the trail easement, and amend the development agreement to remove the trail installation requirement; 3. Maintain the easement and defer installation of the trail to an undetermined future date, and amend the development agreement to relieve the developer of the responsibility of constructing the trail. Getschow said staff also looked into the safety concerns brought up at the last meeting. Staff s conclusion is that having the trail located there does not have a safety concern. There are several examples in the City where we have a trail that connects to the end of a cul-de-sac. Tyra-Lukens said the issue of escrow was brought up at Open Podium. She asked why would we not keep the escrow we currently have if we select Option 3. Otherwise, it would be all the residents in the City paying for the trail when it is constructed at some time in the future. Getschow replied we have estimated the amount to be something less than $10,000 to construct the trail, so it is not a large amount. Typically, when we have escrow or securities, it is not for an indefinite time. Tyra-Lukens thought it is more of a principle. She asked if it would be possible to treat this like cash park fees so it would go to a pool of money for other trails. Getschow responded that might be possible or we might establish some dollar amount that the City would receive. If Option 3 is selected tonight, the development agreement would have to be amended, so the amended development agreement would have to come back to the Council. Aho said he went out to look at the trail and met with the residents. In general, he was very supportive of the City maintaining the connectivity of our trail system. In this particular case where we would be connecting just one small cul- de-sac and does not impact the overall trail system, the trail is not that critical. He asked why we are doing the trail when the vast majority of the residents do not want it. He thought the third option to defer the installation and keep the easement makes sense because at some future date new residents might question why there was no trail put in. He thought it should be neighborhood driven, so he would support Option 3. Case thought our trails are for everyone, not just one neighborhood. He thought for every project we look at we should entertain the opinion of those around the project and not have the neighborhood drive our decisions. In this case he would agree the value has not been shown to be for everyone else. When he originally proposed the trail at the time the project was first approved,he was not thinking about the good of the City, rather he thought the neighborhood would want this. He made an assumption that turned out to be false. He was okay with Option 3 because it acknowledges the neighbors don't want it while retaining the option for a future trail. He would lean towards some form of escrow for the trail. He thought it would be somewhat disingenuous if we did not take the money. He CITY COUNCIL MINUTES October 16, 2018 Page 6 would defer the trail out of respect to the current neighborhood. Nelson agreed with Option 3. She lived in a neighborhood that did have a short connection to a trail, so she could see a time when this neighborhood would come back to us and request the trail. She liked the idea of taking the money for the trail and putting it into the system. She suggested we put pollinator trail mix into the trail area. Butcher Wickstrom thought maintaining the easement is very important, and she also liked the idea of some form of escrow. Tyra-Lukens commented one of the reasons given for not having the trail was that it is not really necessary. Most of our trails are not really necessary; however, these trails are a critical part of our community. We know this is not a unique type of trail. Safety concerns were expressed, and we are finding that there are no problems with this type of trail. There is no increased risk of burglary. This is not the neighborhood's trail, rather it is a trail through a community for future owners that want to get out to the bike trail safely. It is a way for friends of the children within the cul-de-sac to come in and visit their friends in a safe manner. We heard comments tonight about how much trails are of value to the community. She questioned how we counter future requests from neighborhoods that do not want trails. She didn't think this is the vision we have for our community, and her vote would be to reaffirm the decision. Case agreed precedent is always an issue. He thought this time we have made it clear that the number one driving reason for putting the trail in would be the value to everyone. For the good of all,he was open to the third option. To be clear,he said there should be no consensus to put plantings or flowers in there, and trees cannot be planted because of the utility easement on the sides of the right-of-way. Tyra-Lukens asked if this would be marked with our Carsonite markers. Lotthammer replied the standard practice is to mark these sections with Carsonite markers. Although we don't see a lot of infringement where people are building on the trail easements, we have typically marked our boundaries. It is a practice more than a policy. MOTION: Case moved, seconded by Aho, to maintain the trail easement, defer the installation of the trail to an undetermined future date, and amend the development agreement. Motion carried 5-0. Getschow said staff will amend the development agreement and come back with feedback and the amended development agreement for Council approval. 2. POSSIBLE SOUND BARRIER FOR SECTION ON SOUTH SIDE OF HWY 212—Council Member Case CITY COUNCIL MINUTES October 16, 2018 Page 7 Case commented he liked to bring back to the Council things that have a broader application to the City. He said there is a small section on the south side of Scenic Heights Road to Hwy 212 and Dell Road. When Hwy 212 was constructed, a large mound of dirt was extended quite far in this area,but could have been extended further. There is a gap where a lot of highway noise comes through. He would like to have staff come back with an explanation of what happens in a situation like this where there is the potential for a sound wall. He asked if the metrics have changed and what the process is to have MnDOT investigate this. Aho said he went out there, and the noise level is pretty significant and obnoxious in the one home. He could see why they are requesting an additional sound barrier. It is not a really long section of road so the cost would not be much. What probably has to happen is MnDOT would have to bring noise measuring equipment and determine what the noise reduction would be with an additional wall. He thought we should start the process with them and see if we could get that done. Ellis replied we have already initiated the process in anticipation of this conversation. MnDOT has agreed to put their equipment out there to measure the noise and to collect data. They are hoping to get that in before the construction season is over. 3. WRAP-AROUND COVERING FOR SCHEEL'S CONSTRUCTION FENCE—Council Member Aho Aho said many times a new owner will put a wrap around a fence on construction property to indicate what is going in at that location. He thought there is some confusion at the Scheel's site as to what is going in there as well as where to enter the mall as people drive around the site. He thought we need some wayfinding aids there. Scheel's, the mall and City staff have been working to get some kind of wrap for the property;however,he did not know what we need to do to get something like a temporary sign to take place. He asked how we handle temporary construction projects for wrap-around signage that makes it understandable as to what is going in there. He thought it is important for the business and would be helpful to people coming to the area to know Scheel's is coming into this location as well as what the Scheel's product is. Tyra-Lukens was concerned about there not being a wrap that would be all sports figures. Aho replied they have 50-foot banners,but their name is somewhat larger than our signage allows. Case said he assumed they have a design and suggested they just keep within the limits of our signage policy for the size of the name. Aho said there are 50- foot banners for the 2500 feet of fencing for the project. Tyra-Lukens liked the idea of wayfinding and the idea of a colorful banner, but CITY COUNCIL MINUTES October 16, 2018 Page 8 she did not believe they needed their name everywhere. Case cautioned we may be setting a precedent if we allow pictures for a sign. Aho thought we need to be a little more flexible. They have been told they can't display all the products they will be selling; however, they don't want to have just a picture of scenery on a banner. Jeremiah said staff is very close to an agreement with them to wrap the fence. They will interpret artistic images from commercial advertising. There will be active images that give a sense of what will happen there in the store. The concern is not to open it up to anything. We are trying to allow them to have an artistic look and active images. Nelson liked the idea of where they are going,but banners with the Scheel's name every 50 feet are not necessary. She liked what staff is proposing. 4. REQUESTS FROM EARLY CHILDHOOD FAMILY GROUP—Council Member Nelson Nelson said she worked with the Early Childhood Family group and asked them what types of amenities they would like to see in the City. There are a couple of things that came out of the discussion. They want lots of benches in the parks, and there is no such thing as too many parks. Areas for small kids should have foam instead of wood chips. They would like more signage for bathrooms and would like Porta-Potties for handicapped individuals and for use as changing stations. The group also noted all the splash pads are located on the west side of town and suggested we consider locating one at Nesbitt or Homeward Hills. They also mentioned the problem of goose droppings at Round Lake Park. 5. Council Member Butcher Wickstrom Council Member Butcher Wickstrom announced this evening will be her last meeting on the City Council as she is leaving the position after nearly 20 years of service to the City. She said it has been a great privilege for her to sit in the same seat serving under three mayors, eight City Council Members, and four City Managers. It is like leaving family. She has been honored to work with the best leaders as the City has grown, evolved and improved. We have made important decisions that have improved the City. Eden Prairie deserves the status of No. 1 city in the United States. We are known for being on the cutting edge, and we provide a model for other cities. We have provided wonderful city services while keeping a lower tax rate. It was a difficult decision for her to leave the City Council. She had many deserving people to thank, starting with her family who were here tonight, the City staff and the residents of Eden Prairie who have supported her over the years. Tyra-Lukens said one of the wonderful things of working on this Council has been its consistency. We have not had to say goodbye often and have become a CITY COUNCIL MINUTES October 16, 2018 Page 9 family. The work Council Member Butcher Wickstrom has done with the historical sites has educated all of the Council Members. In recognition of nearly 20 years of dedicated commitment, Tyra-Lukens read a proclamation proclaiming October 17, 2018, as Sherry Butcher Wickstrom Day. Case said his service with Council Member Butcher Wickstrom goes back to their service on the Heritage Preservation Commission in 1993 and 1994. She helped him with his first campaign for City Council in 1994 before she herself ran for the Council in 1996. He said Eden Prairie will benefit for decades from her work to preserve our history. She has been dedicated to environmental issues and played a big part in closing the landfill. She also promoted and supported diversity in the City. Nelson said she benefitted from Council Member Butcher Wickstrom's wisdom and concern for historic Eden Prairie. She appreciated her concern for City staff. She thanked Council Member Butcher Wickstrom for mentoring her when she was new on the Council. Aho noted we will miss Council Member Butcher Wickstrom,but he understood she will be closer to her family. Metropolitan Council Representative Jennifer Munt thanked Council Member Butcher Wickstrom for her tireless commitment to public service and her support of the new light rail system in Eden Prairie. 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 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:22 p.m.