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City Council - 11/13/2018 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, 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 Case was absent. Mayor Tyra-Lukens congratulated all the newly elected officials representing the residents of Eden Prairie. She said Mark Freiberg will be joining the City Council and Council Member Kathy Nelson has been reelected. Council Member Case won the position of Mayor. Council Member Aho will continue for the remaining two years of his term. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. 2018 SUSTAINABLE EDEN PRAIRIE AWARDS Carol Lundgren, Sustainability Specialist, and Beth Novak-Krebs, Senior Planner, reviewed the Sustainable Eden Prairie Award which recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. Ms Lundgren said members of the Conservation Commission used the eligibility criteria to select the winners in the award categories of energy, waste and water. Conservation Commission Chair, Lori Tritz, presented the water category award to the non-profit organization, Aeon for Ocean, which was founded by an eight-year old boy; Commission member Anna Anderson presented the energy category award to Elim Shores Independent & Assisted Living; Student Commissioner Rhea Sharma presented one of two waste category awards to Jean Esbensen, and Commission member Cindy Hoffman presented the second waste category award to The Prop Shop. CITY COUNCIL MINUTES November 13, 2018 Page 2 Tyra-Lukens noted this is an annual event and asked everyone to spread the word about the award winners. B. ACCEPT DONATIONS FOR HALLOWEEN ON THE MALL EVENT (RESOLUTION NO. 2018-117) Lotthammer said we received donations from the Eden Prairie Crime Fund of$750 and the Optimist Club of$400 toward the Halloween on the Mall event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2018-117 accepting the donation of$1,150 from the Eden Prairie Crime Fund ($750) and the Optimist Club of Eden Prairie ($400) toward the Halloween on the Mall event. Motion carried 3-0. C. ACCEPT DONATION FROM SENIORS HELPING SENIORS (RESOLUTION NO. 2018-118) Lotthammer said we received a donation from Seniors Helping Seniors to go toward the Senior Center Fall lunch. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2018-118 accepting the donation of$250.00 from Seniors Helping Seniors to go toward the Senior Center Fall Lunch. Motion carried 3-0. D. INTERFAITH UNDERSTANDING DAY PROCLAMATION Tyra-Lukens read a proclamation proclaiming Saturday, November 17, 2018, Interfaith Understanding Day in honor of the eleventh anniversary of the Eden Prairie Human Rights Award-winning Thanksgiving celebration. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Aho, to approve the agenda as published. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, October 16, 2018, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2018 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 16, 2018, as published. Motion carried 3-0. CITY COUNCIL MINUTES November 13, 2018 Page 3 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LINCOLN PARC APARTMENTS/CASCADE AT TOWN CENTER by Magellan Investment Partners, LLC. Second Reading of Ordinance 21-2018-PUD-8- 2018 for PUD District Review with Waivers and Zoning District Change from Community Commercial (C-COM) to Town Center-Mixed Use (TC-MU) on 4.83 acres; Resolution 2018-119 for Site Plan Review on 13.02 acres; Development Agreement. Location: 8090 Eden Rd (Ordinance No. 21-2018-PUD-8-2018 for PUD District Review with waivers and Zoning District Change; Resolution No. 2018-119 for Site Plan Review) C. AMENDMENT TO KOPESKY 2ND ADDITION DEVELOPMENT AGREEMENT by City of Eden Prairie. First Amendment to Development Agreement D. SOUTHWEST TRANSIT MINOR SUBDIVISION by Metropolitan Council, Southwest LRT. Resolution for Minor Subdivision on 4.65 acres (Resolution No. 2018-120) E. ADOPT RESOLUTION NO. 2018-121 CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 F. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES G. ADOPT RESOLUTION NO. 2018-122 AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ZENOLOGY SPA, LLC AND MASSAGE THERAPIST LICENSES TO YUN WANG AND WAN ZHANG H. AUTHORIZE PURCHASE OF A NEW CATERPILLAR 930M FRONT END LOADER IN THE AMOUNT OF$186,763 I. DECLARE EQUIPMENT LIST AS SURPLUS PROPERTY J. DECLARE FURNITURE AS SURPLUS PROPERTY MOTION: Aho moved, seconded by Nelson, to approve Items A-J on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES November 13, 2018 Page 4 A. EDEN BLUFF 4TH ADDITION (CH ROBINSON)by Pope Architects. First reading of an ordinance for PUD District review with waivers on 11.67 acres (Ordinance PUD) Getschow said in 2006 a Planned Unit Development was approved at the CH Robinson property for Phases 2-4. CH Robinson has expressed the need for additional employee parking, which has prompted the site plan update. The current application includes the construction of surface parking and future construction of a 120,000 sq. ft., two-story office building, proposed as a phased development approach. Brian Hennen, Manager of Procurement and Real Estate at CH Robinson, said they are currently at full use of their parking on campus, and they now have a requirement for additional parking. He said there is no timetable for the new building. He said they have held meetings with the neighborhood and have made efforts to compromise with some of the feedback they have received from those meetings. Paul Holmes, project architect, gave a PowerPoint presentation of the project. He said their plans have been modified by feedback from the residents and from the results of the traffic study. He reviewed the landscape screening plan for the area near the townhomes. He noted their planting plan was based on the tree inventory from 2006. Aho asked if there will be a lot of evergreen trees planted as well as deciduous trees. Mr. Holmes replied about one-half of the plantings will be evergreens. Mr Holmes reviewed their Phase II landscape plan for screening of the parking area. He said there was considerable conversation about traffic concerns at the Planning Commission meeting. A traffic study was completed in August 2017, and they plan to renew the traffic study prior to a building permit being pulled. Nelson asked if the main parking lot goes out to Charlson Road. Mr. Holmes replied one exit goes out to Liatris Lane and one to Charlson Road. The other exit would go out to the south at the intersection to Flying Cloud Drive. Nelson asked why the new access would not be put out to Charlson so it would not go onto Liatris. Mr. Holmes replied, after talking to staff, they determined the second exit would not be far enough from the intersection at Liatris and Charlson. Aho asked how many parking spaces would be added. Mr. Holmes replied there are 175 in the initial phase. When the building is built, they will add 607 spaces. If the building were expanded, they would lose 65 spaces. Tyra-Lukens asked staff if all the proponent is planning to do at this point is to add 175 parking stalls, and would have to go through the whole planning process when they get to the point where they want to build the building. Jeremiah replied they would look at our code with regard to major or minor amendments. Some amendments would come to the City Council,but not the Planning Commission. Julie Klima, City Planner, noted changed plans would require public hearing notification. CITY COUNCIL MINUTES November 13, 2018 Page 5 Gnaneswar Kacham, 15184 Plumstone Drive, said his main concern is the effect of the Liatris Lane entrance on their neighborhood traffic. He requested a privacy fence be built along Liatris for the security of the neighborhood. Tyra-Lukens asked at what times of day there are traffic concerns. Mr. Kacham replied it would be 7-9 a.m. and 3-4:30 p.m. His concern was with child safety. Benjamin Thomas, 9985 Wildflower Drive, expressed concerns the planned exit only at Liatris would remain an exit only. Ramash Gajawada, 15354 Plumstone Drive, said things have changed in the neighborhood since 2006, and the residential area has increased in the last ten years. He had safety concerns because of the increased traffic. A resident from Crabapple Lane said there is a problem with traffic not stopping at the traffic signs and with traffic backups in the morning hours. Keith Jung, 15503 Junegrass Lane, asked if consideration had been given to take traffic around the back in order to relieve traffic on Charleson and Liatris. Ellis replied that area on the back side of CH Robinson is a conservation area. He was not sure how feasible that access would be, and that property is held in a conservancy trust. Roop Alladi, 10007 Gentian Road, asked about drainage plans for the project and the small lake shown on the plans. He noted they have a mosquito problem in the summertime. Ellis replied there is an existing pond on the south side of the development to handle runoff from the site. The plans include some onsite controls to help augment the pond. He said the neighbors should contact Metropolitan Mosquito Control about the mosquito problem. Vijay Ravella, 15099 Plumstone Drive, was concerned about traffic and safety concerns with the Southwest Transit bus coming into the neighborhood in addition to the five school buses that currently use Liatris. A resident of Hennepin Village expressed concern for pollution, traffic and the safety of children in the area when CH Robinson is expanded. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 3-0. Tyra-Lukens asked staff to give an overview of development on this property. She noted plans originally were for office all along Charlson and the roads were built with that idea in mind, so this is a great reduction in the amount of office in this area. Jeremiah replied this area was always proposed for office, and there has been an overall reduction with regard to the greater area. For this particular property, the 2006 approval included 81,900 square feet of building, so Phase 2 is less; however, future expansion up to 40,000 would be an overall increase in the commercial property. CITY COUNCIL MINUTES November 13, 2018 Page 6 When compared to the original plans, other changes made are in regard to building height and shape, two access points on Liatris Lane were designated in the original, and there are about 100 additional parking spaces. Ellis said moving the Liatris access points to Charlson would mean only 200-250 feet between the intersections and would cause traffic to backup. They should consider putting a median on the Liatris acces to force a right-out and left-in to help traffic. He said the proposed access location for CH Robinson is 100 feet north of Plumstone, so there would be plenty of room for a bus drop-off and pick-up. He said the traffic study indicated the traffic flow on Charlson Road was at acceptable levels. Tyra-Lukens noted on the plans it appears the one exit on Liatris is not just right out. Ellis said they could put a median on Liatris Lane so traffic would be forced to take a right turn. Nelson said a big concern for her is there are a lot of kids in Hennepin Village, and school bus safety has to be a major concern. She asked if there are sidewalks along Liatris. Ellis replied there are. Nelson asked about vehicle lights hitting the driveways of the houses across from the exit on Liatris. Jeremiah replied staff could look into that and make some recommendations prior to second reading. Nelson said she was not sure what the difference would be if the exit were changed to Charlson. Ellis replied the issue is the density of driveways on Charlson would create problems with the traffic on Charlson. Nelson asked how the Liatris exit would ease the volume of traffic. Ellis replied it would create further space on a lower volume road because the volumes of traffic on Charlson are much greater. Tyra-Lukens noted we always hear similar concerns when we look at a development that was planned over ten years ago and includes mixed use development. The site plan approved in 2006 showed two accesses to Liatris, and the one current access proposed is in the same location as the 2006 plan. She was very comfortable with passing this and allowing the proponent to go ahead with the 175 screened parking spaces. She thought the 2018 proposal is a better proposal. She would like to see the median go in so people could not turn left at the Liatris access point. She reported she visited the neighborhood on Monday and noted six cars made right turns off Liatris onto Charlson, and several cars that failed to stop at the stop sign. She returned to the neighborhood today at about 7:45 a.m., and it was somewhat busier. Considering the capacity of the roads, she was not uncomfortable with the right turn out onto Liatris if there is a median in place and felt it is much better for safety concerns than having traffic go directly through onto Charlson. Aho commented we could put in a round-about or some other kind of traffic control to provide a better flow at the intersection of Charlson and Liatris if it is needed in the future. Ellis said that intersection does not meet the traffic signal warrants now,but he thought it might in the future, and a round-about would be a more feasible and efficient option. CITY COUNCIL MINUTES November 13, 2018 Page 7 Aho said he would want to do everything we can to work with the proponent and the neighborhood to address the neighborhood concerns regarding safety. MOTION: Aho moved, seconded by Nelson, to approve first reading of the ordinance for Planned Unit Development district review with waivers on 11.67 acres; and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and Council conditions. Tyra-Lukens said she would like to add the median at the Liatris access as a condition of the motion. She agreed with the Planning Commission's recommendation that a traffic study be done in the future to make sure the volumes are not exceeding the levels planned. VOTE ON THE MOTION: Motion carried 3-0. B. SMITH VILLAGE by United Properties. Resolution 2018-123 for Comprehensive Guide Plan change from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres; Resolution 2018-124 for preliminary plat of two lots into five lots on 7.16 acres; first reading of an ordinance for PUD District review and Zoning District change from PUB and I-GEN to RM-2.5 on 7.16 acres (Resolution 2018-123 Guide Plan Change; Resolution 2018-124 PUD Concept; Resolution 2018-125 Preliminary Plat; Ordinance PUD) Getschow said the applicants are proposing to develop a 7.16-acre property into a multi-family unified residential project with three product types. The property is located east of Eden Prairie Road, north of Highway 212 and just north of the Minnesota River Bluff LRT Regional Trail. CommonBond is proposing Trail Point Ridge along Eden Prairie Road. This proposed product includes workforce housing in a 4-story building with 58 units. United Properties Development, LLC is proposing a 100-unit 3-, 4-, and 5-story building on the east side of the property. Halley Land Corp. is proposing Smith Village Townhomes, which will include two, three-unit townhome buildings along the regional trail. Mark Nelson, United Properties, gave a PowerPoint presentation showing the Resurrection Life redevelopment plans. He noted they are creating a multi- generational development, and access to the site would be off Glory Lane. Tyra-Lukens asked about the size of the trees planned for the Applewood site. Mr. Nelson replied the trees will be 12-16 feet where possible, and will be used as a parking lot buffer. Council Member Nelson commented she was glad the building was kept to a height of three stories behind the Smith-Douglas-More house. She asked about the cost for the Applewood units. Mr. Nelson replied there will be a range of value starting from about$235,000 to about$500,000. There will be a four-tier buy-in for the units with the remainder held in a master mortgage for the property. CITY COUNCIL MINUTES November 13, 2018 Page 8 Tyra-Lukens asked Mr. Nelson to explain the difference between value and cost. Mr. Nelson said it is the cost of the unit,but an owner puts a certain percentage down, ranging from 20-80%, and the remainder is in a master mortgage for the property. Council Member Nelson said there was some initial discussion about the proximity to the Smith Cafe and the possibility of having a connecting sidewalk to that facility,but she did not see that on the map. Mr. Nelson pointed out the connection on the plans. Aho said he went out to the site quite often, and he thought this is a great product for the market. He liked the layout of the plans and the options available to pay for the units. The proprietor of the Smith Cafe expressed concerns about the name of the project, Smith Village. He asked if Mr. Nelson had met with the owner of the cafe. Mr. Nelson said he met with the owner several times. They will not use the Smith name as a marketing name; rather, it will be the project identifier. Tyra-Lukens noted the proponent is requesting a lot of variances, including the set back from Glory Lane for the Trail Point Ridge property. She asked the proponent to address how landscaping will minimize the impact of that set back. Mr. Nelson said there will be shared stormwater drainage and access to the underground garages which will be somewhat unique. Tyra-Lukens asked how they will mitigate the effect of the four-story building. Mr. Nelson replied they will have large trees. Tyra-Lukens commented this will be a big change to a beautiful site. She noted the proponent is already asking for a waiver on the landscaping requirements. She asked if there is a way to intensify the screening between the building and the Smith- Douglas-More house. Mr. Nelson thought there would be a way to do that. They could work with the Smith Cafe owner and submit a plan. Tyra-Lukens said she would like to intensify the tree screening. Council Member Nelson asked about the colors to be used in the buildings. Representatives of the proponent showed samples of the stone and siding materials planned for each building and described the various colors on the building design slides. Council Members discussed the colors chosen and the overall effect of the colors used on the buildings. Donald Hansen, 7936 Timber Lake Drive, said this site has a natural beauty, and he was concerned the proposed color schemes for the project are not providing natural beauty. He was concerned about the use of white and dark blue or black on the building on Eden Prairie Road. Tyra-Lukens noted Mr. Hanson and she met for a discussion of his concerns about natural beauty colors not being used for this building. One of his concerns was with the four-story building on Eden Prairie Road which is very close to the road. She thought it is important to give consideration to various possibilities to lessen the impact of the four-story building on Eden Prairie Road. Council Member Nelson asked if there is any room for discussion of some color CITY COUNCIL MINUTES November 13, 2018 Page 9 reconsideration, possibly using tan and not white. Getschow noted there is time between first and second reading for that. Nelson thought it might be nice to change the look of it a bit; however, she did want the project to go forward. Aho thought all Council Members want the project to move forward. There has been a lot of work done to get to this point. He suggested the proponent meet with Mr. Hansen to discuss some of the color choices and then work with staff to come back at second reading with some modifications that would soften the look. Tyra-Lukens noted she wanted to be sure the landscaping she mentioned was included in the approval. MOTION: Nelson moved, seconded by Aho, to close the public hearing; to adopt Resolution 2018-123 amending the 2030 Guide Plan from Industrial and Church/Cemetery to Medium High Density Residential on 7.16 acres; to adopt Resolution 2018-124 for a Planned Unit Development concept review on 7.16 acres; to approve the first reading of the ordinance for Planned Unit Development district review with waivers on 7.16 acres and a Zoning district change from Public and I- Gen to RM-2.5 on 7.16 acres; to adopt Resolution 2018-125 for a preliminary plat of two lots into 5 lots and 1 outlot on 7.16 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions to include looking at more trees between the Smith Cafe and City property and to relook at the color choices. Motion carried 3-0. C. NOTERMANN RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution 2018-126 for Comprehensive Guide Plan Change from Rural to Low Density Residential on 8.34 acres and Expand the MUSA Boundary to Include 8.34 acres; Resolution 2018-127 Denying R1-13.5 Zoning Request (Resolution No. 2018-126 Guide Plan Change & MUSA Boundary Expansion; Resolution No. 2018-127 Zoning) Getschow said the applicant is requesting a 2030 Comprehensive Plan amendment from Rural to Low Density Residential, a Metropolitan Urban Services Area (MUSA) extension and a rezoning of the property from Rural to R1-13.5. The 9.54-acre property is located north of the Lion's Tap Restaurant in the northwest corner of the intersection of Flying Cloud Drive and Spring Road. The property is undeveloped and includes potential bluff areas, wooded areas, prairie remnants, and steep slopes. A 1.2-acre portion of the property is currently guided Low Density Residential and is within the MUSA. The request is to re-guide and extend the MUSA for the remaining 8.34 acres and to rezone the entire 9.54 acres. John Shardlow, Stantec Consulting, gave a PowerPoint presentation reviewing the project. He said they have accepted the staff recommendations and will provide a detailed development plan when they request zoning approval. He said they realize there are portions of the site that should remain undeveloped; however, the Notermann's have made a major commitment to the City with their investment in the CITY COUNCIL MINUTES November 13, 2018 Page 10 future of the Lions Tap. Dean Edstrom, 10133 Eden Prairie Road, said this property abuts his property on the northwest and west corner. Over the years the City has been trying to preserve the bluffs as best we can,but this project would be a major change. He said the City Council should consider very carefully whether development on the bluffs is acceptable. He suggested the Council vote no on the proposal. Joel Weigert, 10131 Eden Prairie Road, was concerned about what the developer plans to put on the property. He thought the City Council should be able to know that before there is a change to the guide plan. He asked what the rush is and why it has to be decided now. Perry Ryan, 19655 Waterford Place, Excelsior, MN, said he owns a lot just west of this property. He believed when approval was recently given to extend the MUSA line down to the Lions Tap, the intent of that approval was to extend the MUSA line along Eden Prairie Road. He thought rezoning should have occurred at that time. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 3-0. Nelson said she has wanted to have sewer and water come down in this area for years because of her concerns about the current sanitary conditions. She noted approving this project does not give approval to a development plan. We have worked a lot with the bluffs in other sections, and she would intend to continue that. Steep slopes create building problems; therefore, we will keep the bluffs like we have in other areas. Aho said rezoning of this property will have to come before the City Council for approval. We are not approving some master development plan that would put a lot of houses in this area. We have full control over that, and protection of the bluffs is very important. Tyra-Lukens thought we need to hand to subsequent City Councils the concept that construction on the bluffs must be minimal. Getschow said there is a request from staff in the Council packet to approve the Guide Plan change extending the MUSA but to deny zoning to R1-13.5. We can reconsider zoning at the time an actual development proposal comes through. MOTION: Aho moved, seconded by Nelson to adopt Resolution No. 2018-126 for Guide Plan Change from Rural to Low Density Residential on 8.34 acres, a MUSA Boundary extension on 8.34 acres and amend the Comprehensive Plan text; and to adopt Resolution 2018-127 denying the request for rezoning to R1-13.5. Motion carried 3-0. CITY COUNCIL MINUTES November 13, 2018 Page 11 D. PETERSON RESIDENTIAL DEVELOPMENT by Stantec Consulting Services, Inc. Resolution 2018-128 for Comprehensive Guide Plan Change from Parks/Open Space to Low Density Residential on 7.57 Acres and Expand the MUSA Boundary to include 12.3 acres; Resolution 2018-129 Denying R1-13.5 Zoning Request (Resolution No. 2018-128 Guide Plan Change & MUSA Boundary Expansion; Resolution No. 2018-129 Zoning) Getschow said the applicant is requesting a 2030 Comprehensive Plan amendment from Park/Open Space to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-13.5. The 12.3-acre property is located north of Flying Cloud Drive and east of Spring Road. John Shardlow, Stantec Consulting, said the Petersons have no plans to develop the property. It is currently guided park,but the City has no plans to use that. There were no comments from the audience. Nelson said she had the same concerns about the bluffs and steep slopes as she did with the previous project. She was also concerned that this mentions the floodplain, and she did not want any construction to occur on the floodplain. Mr. Shardlow said there is no intention of developing the property. There are many obstacles to development that must be overcome on this property. MOTION: Nelson moved, seconded by Aho, to close the public hearing; to adopt the Resolution No. 2018-128 for Guide Plan change from Park/Open Space to Low Density Residential on 7.57 acres, extension of MUSA boundary on 12.3 acres and amend the Comprehensive Plan text; and to adopt Resolution No. 2018-129 denying the request for rezoning. Motion carried 3-0. E. SOUTHWEST TRANSIT GARAGE by Len Simich. First Reading of an Ordinance for PUD District Review with Waivers on 10.05 acres (Ordinance PUD) Getschow said the applicant is proposing to expand the existing parking for the SouthWest Transit Garage located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing maintenance garage with warehouse and office space. There are currently 78 parking stalls on the property. The applicant is proposing to add parking stalls and to reconfigure some of the existing parking stalls to provide a total of 144 spaces. The proposed plan provides plantings in the existing parking lot islands and additional new landscaping. Dave Jacobson, Southwest Transit Chief Operating Officer, introduced the project architect, Gary Hay. Mr. Hay gave a PowerPoint presentation reviewing the project. He noted their business will change with the incoming Southwest Light Rail project. The corporate site will become a combined LRT and bus station. SouthWest Transit CITY COUNCIL MINUTES November 13, 2018 Page 12 must move all of their corporate office functions and have chosen to move staff to the bus garage location. That site is just over ten acres, and there are currently 78 parking stalls. They need a total of 140-187 parking stalls. He reviewed the plans to reconfigure the parking and to add more islands in the parking area as well as more landscaping and reconfigured lighting. Aho said this project was looked at in great detail by SouthWest Transit. It is very important for the continued service of Southwest Transit. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to approve the first reading of the ordinance for a Planned Unit Development District review with waivers on 10.05 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 3-0. F. CODE AMENDMENT FOR SEXUALLY ORIENTED BUSINESSES AND PAWN SHOPS by City of Eden Prairie. First reading of an ordinance to amend City Code Chapter 11 relating to sexually oriented businesses and pawn shops (Ordinance) Getschow said this past year the City Council has discussed this ordinance in workshops. The discussion led to passing a moratorium last summer to study these issues. There is more work to do for the ordinance for pawn shops, so this item will limit sexually oriented businesses to the 12 and I5 zoning districts. It stipulates a 1000- foot distance for adult businesses from schools, daycares, places of worship and residential areas. He noted staff has tried to match this to what other cities are doing on this issue. There were no comments from the audience. Rosow said there will not be another public hearing when this comes back for pawn shops, so this discussion is about both sexually-oriented businesses and pawn shops. MOTION: Nelson moved, seconded by Aho, to close the public hearing; to approve first reading of the ordinance to amend City Code Sections 11.02 and 11.30 related to sexually oriented businesses. Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES November 13, 2018 Page 13 A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATING TO TOBACCO Getschow said the City Council asked staff to craft an ordinance raising the minimum age at which a person can purchase tobacco products from 18 to 21. He noted this is not a public hearing but we have chosen to take public comment. Police Chief Greg Weber said at the last workshop the Council looked at what it would look like to change the age to 21. Chief Weber provided a PowerPoint presentation with statistics about the effects of raising the age to 21, including a 25% reduction of smoking among 15-17-year-olds. He noted there is broad support for increasing the age for tobacco sales to 21. He reviewed a list of Minnesota cities that have passed such an ordinance, including Edina, Bloomington, and Minnetonka, and five states that have passed a state-wide law. He said in October they met with representatives of C1earWay Minnesota and retailers in the City to discuss the impact to their businesses. Jeremy Springer, 16638 Candlewood Parkway, said there is a petition from Eden Prairie residents to raise the age for tobacco sales to 21. He reviewed several reasons to increase the age to 21. He cautioned about the higher nicotine content of new devices such as e-cigarettes. Kris Paulsen, 9867 Balmoral Lane, was concerned about the effects of second hand smoke on the children of Eden Prairie. She encouraged the Council to pass Tobacco 21. Lyle Jensen, a 45-year resident of Eden Prairie, said he was concerned about the health of his grandchildren and wanted them to grow up free from the adverse effect of tobacco smoke. He thought this ordinance would prevent kids from getting hooked on tobacco at an early age or from trying tobacco. Alice Cronk, 7354 Howard Lane, said she was a retired school teacher who recently moved to Eden Prairie. Nicotine is a powerful drug no matter how it is ingested and is very addictive. Tyra-Lukens asked about the proposed effective date for the ordinance and if discussions had been held with retailers regarding quickly turning over their computer systems. Rosow said they discussed having a February 2 start date, and that is stated at the end of the ordinance. Kay Bright, 15801 North Hillcrest Court, said smoking is still the top cause of preventable death in the Minnesota. She was upset by all the flavored products that are accessible because those items are clearly targeting kids. Ruth Bachman, 6761 Beach Road, said she is a cancer survivor and volunteers extensively in the cancer world. She said there are 16 cancers linked with tobacco use. She believed this ordinance would reduce the ability of kids to access tobacco products. CITY COUNCIL MINUTES November 13, 2018 Page 14 MOTION: Nelson moved, seconded by Tyra-Lukens, to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.35 relating to tobacco. Aho said he was a cancer survivor, has never smoked, and is convinced of the harmful effects of tobacco. He was concerned that we treat people as adults when they become 18 when they can vote and serve in the military. We take away some basic rights when we raise the age for tobacco sales to 21. He thought this is really a state-wide issue, and the state should do this. Without a state-wide law, kids could go to nearby cities that do not have such an ordinance. He believed this will have an effect on our retailers, and he would like to wait to see if state-wide legislation is passed this year. He believed if we enact this, we should make it effective in July, which will give the state legislature an opportunity to pass legislation. Tyra-Lukens said unfortunately we don't have the leadership in St. Paul that has been willing to take this on. Cities that passed this legislation wanted to get the ball rolling to combat a serious public health problem She thought it is important to make a statement here in Eden Prairie. Nelson said she would like to see the state pass such a law,but communities all around us are passing such laws, and it is something we can do. The state legislature will probably do this at some point,but it is time to stop it here. Aho said he could support the ordinance if we adopt it effective July 2019. Tyra- Lukens said she would like to go forward as soon as possible. VOTE ON THE MOTION: Motion carried 2-1, with Aho opposed. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 BY AMENDING SECTION 4.07 RELATING TO THE AMENDMENT OF A LICENSED LIQUOR PREMISES Getschow said this item is more of a housekeeping item. We have had requests from liquor licensees who want to sell liquor in and around their building, such as in a tent in their parking lot. MOTION: Aho moved, seconded by Nelson, to approve the first reading of an ordinance amending City Code Chapter 4 by amending Section 4.07 relating to the amendment of a licensed liquor premises. Motion carried 3-0. C. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.71 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS Getschow said we will not take action on this item tonight. CITY COUNCIL MINUTES November 13, 2018 Page 15 D. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.37 RELATING TO PEDDLERS Getschow said this is an update to administration procedures and the definition of the grounds on which a permit could be suspended or revoked. MOTION: Nelson moved, seconded by Aho, to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.37 relating to peddlers. Motion carried 3-0. E. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.77 RELATING TO SEXUALLY ORIENTED BUSINESSES AND AMENDING CITY CODE SECTIONS 5.01 AND 1.02 RELATING TO DEFINITIONS Getschow said this item is administrative in nature and updates definitions. MOTION: Aho moved, seconded by Nelson, to approve the first reading of an ordinance amending City Code Chapter 5 by inserting a new section 5.77 relating to Sexually Oriented Businesses and Amending City Code Sections 5.01 and 1.02 relating to definitions. Motion carried 3-0. F. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.46, RELATING TO MASSAGE Getschow said this item provides administrative procedure and updates the grounds on which licenses can be denied, suspended or revoked. MOTION: Nelson moved, seconded by Aho, to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.46 relating to the Regulation of Therapeutic Massage Enterprises and Massage Therapists. Motion carried 3-0. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES November 13, 2018 Page 16 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: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 10:01 p.m.