HomeMy WebLinkAboutCity Council - 03/02/2021 - Workshop
APPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 2, 2021 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie
O’Connor
Workshop - Heritage Rooms I and II (5:30)
I. PROPOSED CITY CODE AMENDMENTS
Getschow stated the workshop is devoted to various code amendments from planning. If
there is time remaining he will discuss police department code amendments. These are
previews to future Ordinance revisions to be brought before Council.
Julie Klima, City Planner, stated the code amendments include new zoning districts,
performance standard updates, and general code maintenance housekeeping. In the Aspire
Comprehensive Plan, there were several new land use categories. As a part of
implementation, they are in the process of drafting new zoning districts to correspond with
the land use categories. First, there are two areas guided as a flex service zoning district
located along Martin Drive and Pioneer Trail areas. The purpose for flex service zoning
district is to address the older industrial areas that are being repurposed. Flex service would
incentivize the location of certain uses not ideally suited for Golden Triangle, Town Center
and transit-oriented development (TOD) areas. They would create regulations identifying
permitted uses and performance standards. They are in the drafting stages. Once finished,
they would anticipate engaging with others for feedback before Planning Commission and
City Council review.
Case inquired how rezoning works with properties who have met the previous standards and
are grandfathered in. Klima stated Staff are created the regulations for the zoning districts
rather than rezoning properties. They wait for development to occur until rezoning. Case
inquired if the value of the property is affected due to rezoning. Neuville stated a property
could keep its current zoning. If they wanted to do something different on the property it
could be rezoned into the new district. Getschow noted the flex service district is not in
existence. It is not creating a problem, but rather a tool for redevelopment opportunities.
Klima stated the second new category is the mixed use district. This is largely Eden Prairie
Center, surrounding properties, and the ends of Martin Drive. The intention behind this
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March 2, 2021
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zoning district and the land use guiding associated with it is to create more vertical and
horizontal integration of uses and to allow for more flexibility. Right now residential is not a
permitted use near the mall, but the mixed use district would allow residential similar to the
trends in the market place. Staff is in the drafting stage, and would look to identify permitted
uses, and provide for shared amenities and architecture. They would then do outreach with
the community for feedback prior to review and approval. The Eco-Innovation Zoning
district is the former landfill site. The purpose is to establish sustainable and innovative reuse
for the site. The zoning district could be applied to other properties in the future. In order to
create this zoning district for the former landfill site, Staff would need to coordinate with
Minnesota Pollution Control Agency (MPCA) to adopt a final land use plan. This would put
in place the zoning district regulation, so the foundation would be in place for future uses.
Klima stated the last category is the Industrial Flex Tech. Previously there was only an
industrial land use category. The purpose is to provide flexibility in uses of buildings to
reflect changing market conditions. Staff would revise the existing zoning standards for the I-
2 and the I-5 zoning district to allow for flexibility. This could include adjusting the
permitted uses and performance standards to reflect current proposals, market trends, and
how these buildings could be utilized.
Narayanan inquired if it would make sense to have an area zoned based on green initiatives.
Klima responded Staff would want to work with the sustainability coordinator to help
determine how sustainability initiatives could be incorporated in industrial areas. Narayanan
added criteria could be put in place to help meet the carbon neutral goal by 2050. Case stated
this would be an interesting philosophy based on the end goal. This may be able to be
accomplished through incentives for businesses. Nelson added she likes the concept of
incorporating some of these sustainability standards while still allowing the business
flexibility through new zoning districts. Freiberg noted the only problem would be creating a
zoning district for scattered sites rather than a concentrated area.
Klima presented on other performance standards. The purpose of the sign code update is not
to establish a new sign code, but to revise existing code to bring it into conformance with the
Supreme Court Ruling on content neutrality. Another objective is to update the code to create
sign regulations for all zoning districts, including newly created districts. Case inquired about
the impact to campaign signs. It may be beneficial to consider limitations. Many residents
still believe campaign signs are only allowed seasonally. If limitations were set, they would
have to apply to all signs. Narayanan inquired if there is a limit to the size of campaign signs.
Neuville stated in general, in regards to non-commercial speech, we can regulate size but not
content. Advertising a business has less protections than non-commercial speech. Narayanan
inquired if a home owners association (HOA) can prohibit signs. Neuville stated they are not
a government entity and they are treated differently. Presumably, people are aware of HOA
requirements before they move in.
Klima stated the City can regulate signs based on size, location, and safety setbacks. Case
noted regulating the timing of signs would have to apply to all signs. Neuville stated
regulating signage based on timing could also be challenged by the Supreme Court. The City
could potentially limit the number of signs and the size. There would have to be more
discussion on complete prohibition. Case stated he would like to see campaign signs limited
to certain periods of time. Neuville stated campaign signs would need to be defined.
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Getschow noted all of this is categorized under temporary signs. Nelson added she thought
campaign signs were only allowed from filing day to the week after the general election.
Case clarified those stipulations were ruled illegal. Neuville stated Minnesota law says cities
have to allow any sign of any size during the campaign period. Outside of the campaign
period there can be some restrictions applied to all signs. Narayanan inquired if the number
of signs can be limited. Case noted commercial signs can be limited but not political signs.
Klima stated Staff will do housekeeping related updates to the sign code to increase usability
and provide more clarity. The objective is to bring the code into compliance on content
neutrality, create sign code regulations specific to all zoning districts, organize and reformat
to be user friendly, and to provide housekeeping updates. Staff will review surrounding cities
updated sign code and engage with local community and business leaders for input. In
regards to timing, there are multiple issues needing to be addressed and it would be a multi-
year project to be completed in phases. The recommended sequence is content neutrality,
sign regulations for zoning districts and new districts at the time a new district is established,
and housekeeping and formatting.
Narayanan inquired if there are standards for Americans with Disabilities Act (ADA)
compliance for people who are color blind. Klima responded this is something they will
review and inquire of professional organizations when updating the code.
Klima stated lighting performance standards are also being considered. There are standards
addressed in all development agreements regarding lighting. The amendment would be to
include current practices in the policy documents. Items to be addressed include downcast,
cut-off lighting fixtures and minimizing light spill onto adjacent properties.
Case stated the senior residence off Hennepin Town Road has brought up some of these
issues. The lights are shinning into the houses across the street. This type of issue should be
resolved with updates. Klima stated Staff has conducted research because of this very issue.
This property is currently in compliance, but the use of light-emitting diode (LED) lighting
omits a different kind of light. Getschow noted the property did adjust their lighting on three
different occasions to try to mitigate the issue. Freiberg noted there were many conversations
with residents regarding this issue. Case added it may be an issue of how much light is
needed around a building for safety purposes. Narayanan asked if it would be worthwhile to
include a requirement for LED lighting. Klima responded developers have indicated LED
lights are now the industry standard. Nelson inquired if downcast is the same as dark sky
compliant. Klima replied it can be considered similar. Downcast is a move towards dark sky
compliant. Case added it may be worthwhile to investigate any of the negative ramifications
of being dark sky compliant.
Klima stated another performance standard being considered is parking. The first aspect is
the parking stall and drive aisle dimensions housekeeping change based on function,
sustainability, and recent trends. There are frequent requests to reduce drive aisles. Also,
current multifamily parking requirements are two stalls per unit. The change would be based
on the type of multifamily unit such as studios, memory care, or senior living. A lot of
current proposals include parking waiver requests. Another change would be to consider
incentives related to parking for affordable housing. Case noted to be careful with changing
parking requirements, specifically for commercial properties. The proof of parking
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alternative is preferable in case less parking does not work out. He likes the idea of less
parking requirements for senior living and memory care buildings.
Klima stated Staff is also looking at addressing parking requirements based on size of the
retail center rather than tenant use for shopping centers. The intent is to simplify the parking
requirements. Retail requirements are based on square footage, but restaurants are based on
number of seats. The change would be to provide a more uniform parking metric. Case
inquired if currently restaurants require more parking stalls by seat than by square footage.
He stated parking can be problematic, and lack of parking could cause tension between
retailers. Proof of parking would still be beneficial in case parking stalls need to be added at a
later time. Klima noted a specific example of a development agreement requiring a mix of
uses. Currently, if the building leans more towards one use, they may be required to go to the
City Council for approval.
Klima stated Staff are also considering addressing restaurant patios and providing parking
requirements specific to outdoor dining areas. In regards to code maintenances, group usable
open space (GUOS) is land area and facilities designated and developed for group recreation
or social activities. The standard has been in place since 1969 and applies to multifamily
buildings per unit metric. Development patterns have changed in Eden Prairie, and many
developments are happening on smaller, infill sites. The update would be to still require
GUOS, but to amend the Ordinance to reflect more recent development patterns and define
the type of GUOS. Similarly, the gross site area per dwelling unit has been in place since
1969. The intent is to provide more land area as density increases. The current trend is
increased density on smaller sites. Staff are looking to revise this to reflect current
development trends. Currently, gymnasiums are not a defined use. It can be categorized
differently, leading to inconsistencies. Staff is proposing to provide a definition of a
gymnasium and to limit a gymnasium to a certain percentage of the building square footage.
Planning Commission preferred to only provide a definition and to continue to allow up to
100 percent usage of a building. Freiberg inquired why the usage would be limited. Klima
stated the intention was incentivize and allow gymnasiums at 100 percent in the flex service
area. Freiberg stated it would be better to have a gymnasium occupy 100 percent of a
building than for it to sit vacant. Nelson agreed.
Klima stated as part of the other updates there will be housekeeping amendments. Kennels
are a permitted use in Industrial districts. There would be clarification that treatment of
animals is allowed as an accessary use in a kennel. There would also be an update to building
material requirements for parking ramps. There would be a definition for public art to
differentiate from signage. Administrative lot combinations would be limited to a specific
number of original parcels.
Getschow presented on the City code amendments related to the police department. The first
amendment in regards to kennel licenses is to no longer require a private kennel license.
People will be limited to no more than five dogs, cats, or a combination totaling five. More
detail will be added to the Commercial Kennel License application process, adding
conditions and restrictions. Freiberg inquired about the number selected. Five sounds like a
lot. Weber added the rationale behind choosing the number five is because they could
previously apply for a kennel license. Case noted residents would have to prove the amount
of space if they applied. He does not mind eliminating the kennel license, but would prefer
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three cats or dogs or a total of five. Toomey asked how many private kennel licenses are in
Eden Prairie. Christopher Wood stated an average of 12 to 15. Getschow added three total
would eliminate some of the kennel licenses but still require a license for greater than three.
Nelson added cats and dogs are different. There could be a mix.
Getschow stated another amendment is to redefine the permitted firearm discharge area. All
of the permitted area would be south of Flying Cloud Drive along the Minnesota River. The
Ordinance would include a map showing the permitted area and permits from the City would
not be required for US Fish and Wildlife land. US Fish and Wildlife could manage their land.
Case stated he would like to have a discussion on banning discharge of a firearm in Eden
Prairie.
Getschow stated another amendment is to modernize the noise code to add leaf blowers,
power trimers, and power saws. There would be exemptions for fairway and greens mowers
used to maintain golf courses, parks, and other publicly owned property; City-owned ice rink
maintenance equipment; and parking lot sweepers and street sweepers. Narayanan inquired
about the amount of noise from speakers. Getschow replied this would be under the noise
Ordinance and could be measured by decibel meters.
Getschow stated lastly there is an amendment for garbage cans. Staff do not want to require
screening, but want them to not be visible from the road.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. WAYNE ANDERSON – BAKER ROAD
Wayne Anderson, 6625 Promontory Drive, stated he is against the proposed changes. The
left turn lanes would be a disaster, especially across CSAH 62.
B. MARY MARCH – BAKER ROAD
Mary March, 13225 Cardinal Creek Road, stated they have not been many accidents.
Highway ramps and businesses will be affected. If the changes are made there will be
backups on the road. It doesn’t make sense for the community. She would like to see the
process stopped.
C. ROGER SWIGART – BAKER ROAD
Roger Swigart, 13184 Cardinal Creek Road, stated there are other solutions to the speed
limit. After several requests they received information from Hennepin County. The
information indicates there were 22 accidents over a four year period of time. These are
accidents of all types. About half could potentially be addressed with the lane change.
The speed issue will not be addressed by decreasing the lanes. It is generally more
dangerous to have a center turn lane.
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D. AL HANSON – BAKER ROAD
Al Hanson, 6923 Rosemary Road, stated he has lived off the road for about 50 years.
Currently the road is serving its purpose. There are traffic ramifications to decreasing the
lanes and changing the left turn lane. The County process for public input has not been
good. The County could restripe for one year as a trial and reevaluate after a year and
make corrections if needed.
Case stated he appreciates the comment made. Council and Staff have received a lot of
other feedback as well prior to the Council meeting.
III. ADJOURNMENT