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HomeMy WebLinkAboutCity Council - 01/18/2022 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 18, 2022 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 Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION B. HUMAN RIGHTS AND DIVERSITY COMMISSION C. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 18, 2022 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Dan Gregerson I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. DR. MARTIN LUTHER KING, JR. PROCLAMATION B. DR. MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST ANNOUNCEMENT C. HUMAN RIGHTS AWARD ANNOUNCEMENT D. ACCEPT DONATION OF $300 FROM HOME INSTEAD FOR SENIOR CENTER EVENTS (Resolution) E. ACCEPT DONATION OF $500 FROM SOUTHWEST TRANSIT FOR SPECIAL EVENTS AT THE SENIOR CENTER (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 4, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. RESOLUTION AMENDING RESOLUTION NO. 2022-05 ESTABLISHING CITY COUNCIL AGENDA January 18, 2022 Page 2 MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2022 C. APPROVE CONTRACT TO PURCHASE VESTA 911 PHONE SYSTEM SUPPORT FROM INDEPENDENT EMERGENCY SERVICES (IES) FOR DISPATCH 911 SYSTEM D. APPROVE USE OF $50,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION E. SHUTTERFLY by Tempus Eden Prairie, LLC. Approve second reading of an Ordinance for Planned Unit Development District Review with waivers on 16.2 acres, Adopt a Resolution for Site Plan Review on 16.2 acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement) F. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREET LIGHTING FIXTURE CHANGE TO LED COBRA HEADS IX. PUBLIC HEARINGS / MEETINGS A. NOR-SON EDEN PRAIRIE OFFICE by Nor-Son, Inc. Adopt a Resolution for Comprehensive Guide Plan Change from Regional Commercial to Office on 1.66 acres, Adopt a Resolution for Planned Unit Development Concept Review on 1.66 acres, Approve first reading of an Ordinance for Planned Unit Development with waivers on 1.66 acres (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for District Review with waivers) B. CODE AMENDMENT FOR SIGNAGE by City of Eden Prairie. Approve first reading of an Ordinance to amend City Code chapter 11 relating to content neutrality in signage regulations (Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 5.72 AND 9.11 RELATING TO RENTAL HOUSING XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA January 18, 2022 Page 3 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Park Building Update 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 CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: January 18, 2022 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: MLK Proclamation ITEM NO.: IV.A. Requested Action No formal action requested. Acting Mayor Nelson will read the proclamation. Synopsis This proclamation will declare 2022 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s dream. Attachment Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie’s City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2022 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s dream. Ronald A. Case, Mayor City of Eden Prairie ITEM NO.: IV.A. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: January 18, 2022 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: Martin Luther King Jr Words in Action Contest ITEM NO.: IV.B. Requested Action No formal action requested. Hina Kazama, Human Rights and Diversity Student Commissioner, will be on-hand to announce the opening of the Martin Luther King Jr Words in Action Contest. Synopsis The goal of the Martin Luther King Jr Words in Action Contest is to encourage young residents to reflect on the vision of Dr. King and actions Eden Prairie residents can take today to move toward his ideals. Attachment None CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: January 18, 2022 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: Human Rights Awards ITEM NO.: IV.C. Requested Action No formal action requested. Asad Aliweyd, Human Rights and Diversity Commissioner, will be on-hand to announce the opening of the nomination process for the Human Rights Awards. Synopsis The goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. Attachment None CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: Jan. 18, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Home Instead to Senior Center Events ITEM NO.: IV.D. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $300 from Home Instead to go towards Senior Center events. Synopsis This donation from a local resident will go to the Senior Center to fund three Senior Center events: May Shred Truck ($200), Golf Classic ($50) and the Veterans Breakfast ($50). Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $300 from Home Instead to be used for the Senior Center events of May Shred Truck ($200), Bingo ($50) and the Veterans Breakfast ($50) is hereby recognized and accepted by the Eden Prairie City Council. Home Instead is a long standing Home Health Care agency that has served our community for many years. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January 2022. ___________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: January 18, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from SW Transit to Senior Center events ITEM NO.: IV.E. Requested Action Move to: Adopt Resolution accepting the donation of $500 from SW Transit for various special events at the Senior Center: $200 – Shred Event $50 – Senior Awareness month events $50 – Garden Party $100 – Fall Lunch $100 – Holiday Lunch Synopsis Donations such as this allow the City to offer special events at low or no cost to residents. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $500 to be used towards the Senior Center Shred Event ($200), Senior Awareness month events ($50), Garden Party ($50), Fall Lunch ($100) and Holiday Lunch ($100) from SW Transit is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2022. ___________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 4, 2022 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 Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30) I. EDEN PRAIRIE STATE DELEGATION WITH SENATOR CWODZINSKI, REPRESENTATIVE KOTYZA-WITTHUHN, AND REPRESENTATIVE PRYOR Freiberg was absent. All other Council Members were present. Case started the workshop and thanked the legislators for coming. He stated that Getschow would provide an overview of the 2022 Municipal Legislative Commission Platform and then there would be time for questions and discussion. Getschow explained that the City is a member of the Municipal Legislative Commission (MLC) which is an association of other Twin Cities suburbs with similar characteristics. He stated that their legislative event is the last Thursday in February. Getschow started by summarizing the platform topic “Housing and Home Ownership.” He stated that the construction industry and builders’ associations are advocating for lowering park dedication fees and building inspection fees to solve the issue of affordable housing. They also want to take away the City’s ability to create Planned Unit Development Authority which allows flexibility in development projects. Getschow explained that reducing City fees is not the solution as fees are only 3-4% of the cost. For example, the average new single-family home in Eden Prairie costs $415,000 of which $15,000 is City fees. Therefore, the way to affordability is not reducing city fees. Fees are actual costs. The City and the MLC strive for more affordable housing and preserving existing affordable homes, but is accomplished through other ways and programs. City Council Workshop Minutes January 4, 2022 Page 2 Kotyza-Witthuhn stated that Eden Prairie’s parks and recreation are outstanding and contribute to why residents want to live in the City. In regard to the next platform topic “Infrastructure and Transportation Investments,” Getschow stated that there are a lot of needs. The City is working on a plan with Highway 5 to solve traffic congestion problems. Highway 5 improvements are seen as a regional benefit. Ellis shared that they have hired consultants and will look at options in the next 5-6 months and that it will be costly. He added that high school students have been studying signal timing. For the platform topic of “Workforce Support and Economic Expansion,” Getschow stated that the state funding for businesses has been helpful. Continuing, for the last platform topic “Tax Policy and Local Control,” Getschow shared the impact of fiscal disparities on Eden Prairie. He stated that the City is the third largest contributor and that it raises property taxes by 7%. Furthermore, Getschow highlighted the supported policies of repealing the local government salary cap and simplifying the process of sales tax exemption on construction materials. Getschow mentioned two other items that are not on the MLC platform, but important for Eden Prairie specifically. First the City has completed a lot of sustainability projects and wants to continue. One potential project is reutilizing the closed land fill as a major solar array. The property is still managed by the Minnesota Pollution Control agency leading to many strings attached. He stated they may need help from the legislators to navigate those. Second, there are lots of pieces of the state building code that do not allow the City to be progressive with green building code. More details could be provided. Case stated that Eden Prairie is one of the only cities that have 2050 as a carbon neutral goal year. The goal is not possible unless the City has ways to incentivize commercial buildings with flat roofs to have solar and money is needed to incentive. Efforts toward residential would come next. Case asked each of the legislators to share their top issues and priorities for the upcoming legislative session. Kotyza-Witthuhn stated that housing is going to be a big issue for this session. They will continue what additional support can be provided with the surplus. Furthermore, she will be working on a dependent care tax credit building off what the federal government has done. A big concern for her is the difficulty families have paying for and finding childcare. Education is also a top priority. City Council Workshop Minutes January 4, 2022 Page 3 Pryor shared that the City telling the representatives how they can support the City is important and extended an open invitation to continue discussion. She stated that she believes in City fees for housing as well as local control and she can help with defending them. She noted that she has also heard from builders that stronger building codes add to the costs, but she believes they are needed In regard to housing, she added that affordable housing and preserving the existing stock is an important issue. Grants and support need to be provided to those that most need it. She would like to hear about programs that have worked. She concluded by stating that the government needs to keep supporting young families. Cwodzinski stated that City is poised for great things. He noted that the airport and regional shopping center are doing well and believes the LRT will be done right. The one thing he would change is that the three legislators present are the only three without a parade in their district. Getschow and Case stated one is coming. Cwodzinski asked if there is an example of a building association in which government fees and regulations were reduced and the savings went to the home buyers. Getschow replied that the building associations say that the fees are lower they will build affordable housing, but the question is can they and will they. The cost of land, cost of lumber, and cost of supplies are obstacles. Government is the low hanging fruit. He does not know if housing prices would go down by the percentage of fees to total costs (3-4%) if they were eliminated. Case added even if they did, the new homes in Eden Prairie would still not be affordable. Getschow also mentioned a study completed by Housing First Minnesota (Building Industry Association) that concluded that housing is less expensive in Chicago and Wisconsin. What is important to know is that they picked a far western suburb and called it “Chicago” and more rural places in Wisconsin where land is less expensive. Cwodzinski then informed the attendees that the 7.7-billion-dollar surplus does not count inflation, but it is still over 6 billion. Concerning the solar panel field, he told the City to let him and the other representatives know what they can do. He noted safe and secure elections for 2022, that he introduced a salary cap bill last session, but it did not go anywhere, and schools particularly drug abuse, suicide, and moral. Furthermore, he stated he introduced a bill to help local breweries but ended up taking his name off because the liquor stores were not happy. Liquor legislation is getting lumped into one bill and he would like to separate it out so they can support breweries and liquor stores. Finally, public safety is the issue of our time. Case asked if the legislators had any questions for the City Council and Staff. Kotyza-Witthuhn asked if the City has received feedback on more homeless in Eden Prairie. It seems like there are more noting individuals at intersections. Toomey stated that from the perspective of PROP, they have had noticed more requests for help from homeless, but they City Council Workshop Minutes January 4, 2022 Page 4 can’t help. Case noted a difference between current panhandlers and homeless. Panhandlers are coming from other areas. Panhandlers are adding to the perception of more homelessness. Toomey asked if the City can do anything for the homeless. Getschow explained that the County has social services. The City connects people to resources, but we do not have any funding sources for it. Case stated the City has homeless right now in cars. He noted that people are afraid of the LRT bringing in homeless and stated that they have not had that occur with Southwest Transit. The benefits of LRT surpass fears. He does not anticipate issues, but the City will be prepared. Nelson shared that the City passed an ordinance that requires all new non-single family homes to include a certain percentage of affordable units in it. This includes both owned and rented and is not a temporary ordinance. The City has not received negative feedback. She stated that the state building code may need to add more regulations to ensure housing that lasts multiple generations. Case shared three initiatives that the City has accomplished recently that he is particularly proud of. These included the Climate Action Sustainability plan, Inclusionary Housing ordinance, and the Race Equity plan (on the agenda for January 4). He also noted that the City is a part of leading conversations regarding carjacking upticks by hosting a large gathering of Mayors. It can be both safety and systemic racism. Case concluded by stated he appreciated all of the legislators attending and that the City would continue to reach out. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. STEVE WAGNER – CREEKWOOD PARK TREE REMOVAL AND BASKETBALL COURT CAPACITY Steve Wagner, 9325 Wilderness Cove, stated that he was there on behalf of himself and his adjoining neighbors: the Karas family and the Fernandes family. The City Council is needed to help mitigate issues resulting from improvements made at Creekwood Park. First, four to five large trees as well as underbrush were removed when the tennis courts were improved in 2018. They were replaced with very small trees. The trees provided noise blockage and site protection and there was not any notification of the removal. When he asked why the trees were removed, he was told to ensure no limbs would fall on the new fence and for mowing. He stated that the Parks Department was allowed to remove these trees, but if it was a developer, the City would not allow it. The area has not been mowed. City Council Workshop Minutes January 4, 2022 Page 5 Wagner continued by noting that the neighborhood park has progressed into a hangout. There are often 15-30 young men at the park who are loud and scream profanity. Trash is left behind. Cars are parked far along the street. Wagner stated that he discussed with Getschow about Police saturation and that has not worked. Furthermore, the portable toilets were not put in until May and activity started in April leading to urination in the park. The portable toilets were also taken out in September and activity went much later. Wagner stated he was told that trees do not provide noise reduction, but they do. He worked in HVAC for many years designing air handling and duct systems. The noise is occurring almost every night and calling the police as advised is not working. He shared an instance where the police came and left and there was still noise at 10:40 pm. He called Lotthammer regarding this and was told he would check the logbook, but he has never heard back. He is looking for the City Council to come up with suggestions. He noted possible solutions including privacy screening, permitting groups over 20, and parking restrictions. Those at the park are not from Eden Prairie and are coming from other communities. Case stated that Lotthammer would respond back regarding his concerns and the conversation can continue. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 4, 2022 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Police Chief Matt Sackett, and Fire Chief Scott Gerber. I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Mark Freiberg was absent, but all other Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. CLIMATE EMERGENCY PROCLAMATION Case stated Eden Prairie is among many cities making the Proclamation, and the hope is to take the Proclamations to the State Legislature for further action. Case read the Climate Emergency Proclamation in full. Case explained the effort is being led by a council member from St. Louis Park and has pulled people together from numerous cities. He noted it is an extension of what the City of Eden Prairie has been working on for over a decade. B. ACCEPT DONATION OF $250 FROM FLAGSTONE SENIOR LIVING COMMUNITY FOR VARIOUS SPECIAL EVENTS (Resolution 2022-01) Getschow invited Lotthammer to present the donations. Lotthammer explained this item is to accept a donation to allow the City to host the shredding event. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2022-01 accepting the donation in the amount of $250 from Flagstone Senior CITY COUNCIL MINUTES January 4, 2022 Page 2 Living Community for various special events. Motion carried 4-0. C. ACCCEPT DONATION OF $1,000 FROM J.A. PRICE AGENCY FOR JULY 3RD AND 4TH HOMETOWN CELEBRATION (Resolution 2022-02) Lotthammer explained this item is to accept a donation for the July 3rd and 4th Hometown Celebration. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2022-02 accepting the donation in the amount of $1,000 from J.A. Price Agency for the July 3rd and 4th Hometown Celebration. Motion carried 4-0. D. ACCEPT DONATION OF $1,500 FROM LIONS TAP FOR VARIOUS SPECIAL EVENTS (Resolution 2022-03) Lotthammer explained this item is to accept a donation for various special events. MOTION: Toomey moved, seconded by Narayan, to adopt Resolution No. 2022-03 accepting the donation in the amount of $1,500 from Lions Tsp for various special events. Motion carried 4-0. E. ACCCEPT DONATION OF $300 FROM PRAIRIE BLUFFS SENIOR LIVING FOR VARIOUS SPECIAL EVENTS (Resolution 2022-04) Lotthammer explained this item is to accept a donation for Valentine’s Day bingo and other events at the Senior Center. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2022-04 accepting the donation in the amount of $300 from Prairie Bluffs Senior Living for various special events. Motion carried 4-0. Case noted the Council’s appreciation of the donations. F. CITY OF EDEN PRAIRIE RACE EQUITY REPORT Getschow explained the Human Rights and Diversity Commission has compiled a Race Equity Report. He noted the Council has had numerous discussions on the issue, which began with an initiative during 2020. Getschow introduced the Human Rights and Diversity Commission Chair Greg Leeper to present. Case noted out the Council has been looking forward to the presentation and has reviewed the report prior to the meeting. Human Rights and Diversity Commission Chair Greg Leeper stated two of his CITY COUNCIL MINUTES January 4, 2022 Page 3 fellow Commissioners were there to assist in the presentation. The initiative was launched to fill in the gaps and build upon the strengths of human rights and diversity in Eden Prairie. Mr. Leeper explained the City of Eden Prairie would like to find ways for the City to become more responsive to residents’ diverse needs and to advance racial equity, diversity, and inclusion. The City will be actively engaging with the community to learn about its members’ needs and completing a review of current policies and procedures to identify barriers. As a result, the City hopes this project will create and strengthen community relationships, encourage shared decision making and minimize disparities wherever possible. Mr. Leeper stated the assessment focused on emergency response, facilities and programs accessibility and culture, recruiting, hiring, and retention, connection to community, community experience, and developing future leaders. The methodology was multi-faceted and included document review, focus groups, interviews with Staff and leadership. From there, the Commission compiled the Report. Human Rights and Diversity Commissioner Sana Elassar explained the strengths of the City which emerged included a sense of safety, appreciation for involvement of Staff and elected officials, and appreciation of the park system. Opportunity areas for the City included inconsistent commitment to equity, the difference in experience between residents of color and White residents, a lack of diversity among City Staff and leadership, and the impact of socioeconomic status. Human Rights and Diversity Student Commissioner Keerthana Ramanathan stated the areas of inquiry resulted in recommendations for the Council. Ms. Ramanathan stated the recommendations for the inquiry area of emergency response include cultural and de-escalation training, potential implementation of police sub-beats, additional crime prevention programming, and additional community-building opportunities. Ms. Ramanathan noted as for the accessibility and culture in facilities and programs, the Commission recommended diversifying the workforce, ensuring everyone has equitable access to facilities and programming and are treated with respect and dignity, and expanding diverse and inclusive programming through the City’s facilities, parks and events. Ms. Ramanathan explained the Commission also seeks to recruit, hire, and retain a more diverse work force. The Commission recommended strengthening recruiting and hiring practices to attract a more diverse city workforce, building upon efforts to enhance, sustain, and foster an inclusive work environment to retain a diverse city workforce, enhancing professional CITY COUNCIL MINUTES January 4, 2022 Page 4 and career development opportunities, implementing performance management processes to support and strengthen a more diverse city workforce, and improving data collection, reporting, and strategic use of data to support the recruitment, hiring, and retention of a more diverse city workforce. Ms. Ramanathan noted the fourth area of inquiry in the Race Equity Report involves the connection to community. The Commission recommended the City communicate Eden Prairie’s commitment to racial equity and celebrate the diversity of the community with internal and external stakeholders, track and analyze ongoing community data to determine effectiveness of efforts and improvements from baseline information, ensure all limited- and non-English speaking residents have equitable access to city services, programs, activities, and information, ensure everyone has equitable access to services provided by the City and opportunities for providing input to city leadership, and broaden partnerships to include organizations which have culturally-specific communication channels. Ms. Ramanathan added the fifth area of note is related to community experience. The Human Rights and Diversity Commission recommended the City devote more resources to promoting block parties and community events to gather residents of different cultures and provide additional support and resources to community members and organizations working on similar diversity, equity and inclusion efforts. Ms. Ramanathan stated the final area of inquiry addressed in the Race Equity Report is developing future leaders. Ms. Ramanathan encouraged the City to partner with Eden Prairie Schools to share insights from community outreach sessions and work towards common goals, encourage youth employment opportunities with the City of Eden Prairie through internships, summer employment, and career opportunities, expand youth development program accessibility for underserved youth by reducing barriers to participation, identify opportunities to raise the voices of young people in the community, and partner with young residents to identify ways for them to grow self- advocacy skills and opportunities. Mr. Leeper stated, upon approval of the Report, it will go to City Staff for implementation planning. City Staff will review the recommendations and suggested actions and begin creating plans for implementation. Staff may find that additional community engagement is needed to develop next steps. The Human Rights and Diversity Commission will remain engaged with staff to assist in identifying best practices, providing feedback, and facilitation of additional community engagement as needed. The Human Rights and Diversity Commission will maintain an ongoing advisory role throughout implementation. City Staff will provide the Human Rights and Diversity Commission with an initial implementation plan within six months and CITY COUNCIL MINUTES January 4, 2022 Page 5 continue to provide summary reports to the Human Rights and Diversity Commission on a semi-annual basis. Mr. Leeper thanked a number of Council Members, Staff, and Human Rights and Diversity Commissioners for their work on the Report. Narayanan stated the amount of work put into the report was amazing. He added the Commission has done an outstanding job, and the Report is valuable to the City and is a very important initiative. Narayanan thanked the Commission for its work and the presentation. Nelson stated the material, questions, and recommendations were thoughtful. The Council appreciates the good work of the Commission. Toomey thanked the Commission and noted the work, the Report, and the time were extremely thoughtful. Narayanan thanked the Student Commissioners for their work on the Report. Case stated the concept of the Report came out after the murder of George Floyd. At that time, the Council wanted to join in the hard work of introspection. The Report included next steps and follow-up, and the Commission did a great job in creating a timeline for Staff to check in with the Commission again. Case suggested the Commission return to the Council to check in on the work and share additional ideas as they arise. He explained he would like the Report to be just the beginning for the City. Case thanked the Commission for their work. MOTION: Narayanan moved, seconded by Nelson, to accept the Eden Prairie Race Equity Report that contains the Human Rights and Diversity’s recommendations to the City Council. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published/amended. Motion carried 4-0. VI. MINUTES G. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 7, 2021 H. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7, 2021 MOTION: Toomey moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, December 7, 2021, and the City Council CITY COUNCIL MINUTES January 4, 2022 Page 6 meeting held Tuesday, December 7, 2021, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION NO 2022-05 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2022 I. ADOPT RESOLUTION NO. 2022-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS J. ADOPT RESOLUTION NO. 2022-07 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE K. ADOPT RESOLUTION NO. 2022-08 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS L. ADOPT RESOLUTION NO. 2022-09 DESIGNATING DEPOSITORY M. ADOPT RESOLUTION NO. 2022-10 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS N. ADOPT RESOLUTION NO. 2022-11 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL O. AUTHORIZE THE FINANCING OF 109 SETS OF PROTECTIVE EQUIPMENT (TURNOUT GEAR) AND THE EXECUTION OF THE REQUIRED DOCUMENTS (Resolution 2022-12) P. ADOPT RESOLUTION NO 2022-13 APPROVING AND RATIFYING THE EXECUTION OF, AND PARTICIPATION IN, THE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND THE NATIONAL OPIOID SETTLEMENTS Q. AUTHORIZE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AS A CONDITION OF A GRANT AGREEMENT FOR ROUND LAKE PARK R. AUTHORIZE AGREEMENT WITH MICHAEL MCGLAUGHLIN FOR CITY COUNCIL MINUTES January 4, 2022 Page 7 THE CONSTRUCTION AND INSTALLATION OF A PUBLIC ART SCULPTURE AT ELEVATE S. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS T. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN AIRPORTS COMMISSION FOR COMMUNITY GARDEN PLOTS U. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND MATT’S AUTO SERVICE FOR 2022 V. APPROVE PURCHASE OF LARGE TRUCK LIFT FROM VEHICLE SERVICE GROUP, LLC W. APPROVE THE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE EDEN PRAIRIE ROAD PEDESTRIAN CROSSING IMPROVEMENTS X. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City of Eden Prairie. Approve Second Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gas Stations within the Neighborhood Commercial Zoning District and Adopt Resolution Approving Summary Ordinance (Ordinance 1-2022, Resolution 2022-14) MOTION: Narayanan moved, seconded by Toomey, to approve items A-R on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS This item was addressed after XIII. Appointments. XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution 2022-15) MOTION: Toomey moved, seconded by Nelson to adopt the Resolution No. 2022-15 designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2022. Motion carried 4-0. CITY COUNCIL MINUTES January 4, 2022 Page 8 B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2022 AND APPOINT ACTING MAYOR (Resolution 2022-16) MOTION: Narayanan moved, seconded by Toomey to adopt the Resolution No. 2022-16 designating the official meeting dates, time, and place for the City of Eden Prairie Council in 2022 and appointing Council Member Kathy Nelson as Acting Mayor. Motion carried 4-0. C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution 2022-17) MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2022-17 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director, and Council Member Kathy Nelson as Secretary for calendar year 2022. Motion carried 4-0. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution 2022-18) MOTION: Nelson moved, seconded by Narayanan to adopt Resolution No. 2022-18 designating Public Works Director Robert Ellis as the Director and Council Member Mark Freiberg as the Alternate Director to the Suburban Rate Authority. Motion carried 4-0. E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Toomey moved, seconded by Nelson to approve appointment of Mayor Ron Case as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 4-0. F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Narayanan moved, seconded by Nelson to approve appointment of Mayor Ron Case to the Municipal Legislative Commission. Motion carried 4- 0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Nelson moved, seconded by Toomey to approve appointment of Council Member Mark Freiberg to the Southwest Cable Commission. Motion carried 4-0. CITY COUNCIL MINUTES January 4, 2022 Page 9 H. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Narayanan moved, seconded by Nelson to approve appointment of Council Member Lisa Toomey to the I-494 Corridor Commission. Motion carried 4-0. I. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Toomey moved, seconded by Nelson to approve appointment of Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 4-0. Mayor Case noted State Statutes designate the Mayor as the primary Weed Inspector. J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution 2022-19) MOTION: Narayanan moved, seconded by Toomey to adopt Resolution No. 2022-19 appointing Council Member Kathy Nelson and Finance Manager Tammy Wilson to the Eden Prairie Fire Relief Association. Motion carried 4-0. K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION MOTION: Nelson moved, seconded by Toomey to appoint Council Member PG Narayanan to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2023. Motion carried 4-0. Case noted Council Member Mark Freiberg also serves on the Southwest Transit Board. L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS STEERING COMMITTEE MOTION: Narayanan moved to appoint Council Member Kathy Nelson to the Southwest LRT Community Works Project Steering Committee and Council Member Lisa Toomey as an alternate member of the Southwest LRT Community Works Project Steering Committee. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan, to approve the payment of CITY COUNCIL MINUTES January 4, 2022 Page 10 claims as submitted. Motion was approved on a roll call vote, with Narayanan, Nelson, Toomey, and Case voting “aye.” XIV. REPORTS XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:49 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 18, 2022 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: February 24, 2022 Place: Garden Room 8080 Mitchell Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 3-5, 2022 Place: Round Lake Park & EP Community Center Parking Lot 16691 & 16700 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2022 Place: Round Lake Park 16691 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 6, 2022 Place: Round Lake Park 16691 Valley View Road CITY COUNCIL AGENDA SECTION: Consent Calendar DATE January 18, 2022 DEPARTMENT / DIVISION Nicole Tingley Office of the City Manager ITEM DESCRIPTION Change Second Local Board of Appeal and Equalization Meeting Date ITEM NO. VIII.B. Requested Action: Move to: Adopt the resolution amending Resolution No. 2022-05. Synopsis The second meeting date for the Local Board of Appeal and Equalization has been rescheduled from Tuesday, April 26, 2022, to Thursday, April 21, 2022. At the January 4, 2022 City Council meeting, Resolution 2022-05 was adopted which is the 2022 Board and Commission Meeting schedule. This resolution needs to be amended to reflect the date change. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ RESOLUTION AMENDING RESOLUTION NO. 2022-05 WHEREAS, at its meeting on January 4, 2022, the Council adopted Resolution No. 2022-05, which designated the official meeting dates, time, and location for City Council appointed boards and commissions in 2022; WHEREAS, the Tuesday, April 26, 2022 Local Board of Appeal and Equalization meeting was subsequently rescheduled to Thursday, April 21, 2022 NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Resolution No. 2022-05 is hereby amended to reflect the rescheduled date of Thursday, April 21, 2022. ADOPTED by the Eden Prairie City Council this 18th day of January 2022. Kathy Nelson, Acting Mayor ATTEST: Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE January 18, 2022 DEPARTMENT / DIVISION Scott Gerber/Fire Department ITEM DESCRIPTION Approve contract to purchase Vesta 911 phone system support from Independent Emergency Services (IES) for Dispatch 911 system ITEM NO. VIII.C. Requested Action Move to: Approve contract with Independent Emergency Services (IES) for 1 year service maintenance and monitoring. Synopsis The Fire Department handles contracting for a variety of services related to maintenance of Eden Prairie Dispatch Center. This agreement will help maintain our current 911 Phone system. The Fire Department recommends accepting the quotation from Independent Emergency Services (IES) in the amount of $23,360.00. The list of equipment provided by IES is identified in Exhibit A to the contract. Funding will come from the Fire Department’s 911 fund. Attachments Contract for Goods and Services with Quotation from Independent Emergency Services as Exhibit A Contract for Goods and Services This Contract (“Contract”) is made on the 18th day of January, 2022, between the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Independent Emergency Services, LLC, a Minnesota limited liability company (hereinafter "Vendor") whose business address is 235 Franklin Street SW, Hutchinson, MN 55350. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 911 phone system support and maintenance with associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 31st, 2022. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Twenty Three Thousand Three Hundred Sixty and 00/100 Dollars ($23,360.00) plus any applicable taxes as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth goods provided and work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, Page 4 of 5 creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City Page 5 of 5 during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed on this 18th day of January, 2022 CITY OF EDEN PRAIRIE ___________________________________ Acting Mayor ___________________________________ City Manager INDEPENDENT EMERGENCY SERVICES LLC By: ________________________________ Its: _______________________________ Quotation Quote Date:8/30/2021 Quote No:IES3524467-1 Site:108514 Customer Information Organization:Eden Prairie Police Deparment Contact:MVandenberghe@edenprairie.org> IES Contact Information Contractor:Independent Emergency Services (IES) Contact:Robert Madich Contact:Dave Taylor Phone:(320) 234-5247 Phone:320-234-3911 E-Mail:robert.madich@ies911.com E-Mail:dave.taylor@ies911.com Qty.Part No.Description Unit Price U/M Total VESTA® 9-1-1 Servers 2 04000-68005-RNWL V-SVR BASIC RNWL SPT 1YR $118.75 EA $237.50 VESTA® 9-1-1 Basic Operations 4 SS-0SQ-VSSL-1Y SPT VS BSC 1YR $1,300.00 EA $5,200.00 VESTA® 9-1-1 IRR Module 4 809800-35110 V911 IRR SW SPT 1YR $235.00 $940.00 Peripherals & Gateways 2 04000-00176 SW SPT ANALOG GATEWAY 1YR $75.00 $150.00 VESTA® Analytics Lite - Multi Product Purchase 5 SA-SSG-ALSL-1Y SPT V-ANLYT LITE 1YR $130.00 EA $650.00 Monitoring & Response (M&R): Activation Fee Note: M&R Activation Fees will apply if M&R services are disabled prior to receipt of a PO for the M&R support renewal. 1 809800-14150 M&R ACT FEE, SMALL SITE $2,125.00 EA Opitional Monitoring, PM & AV Service: Servers 2 809800-16361 M&R PM AV SVR SRVC 1YR $1,673.75 EA $3,347.50 Monitoring, PM & AV Service: Workstations 6 809800-16377 M&R PM AV WKST SRVC 1YR $675.00 EA $4,050.00 Monitoring, PM & AV Service: IP Devices 10 809800-16343 M&R IP DEVICE SRVC 1YR $450.00 $4,500.00 VESTA 9-1-1 Independent Emergency Services, LLC, 235 Franklin St. SW, Hutchinson, MN 55350 (800) 922-8148 FAX (320) 234-5224 www.ies911.com Quote is valid for 120 days. EXHIBIT A Quotation VESTA 9-1-1 Subtotal 19,075.00$ Qty.Part No.Description Unit Price U/M Total IES TURN KEY LABOR SUPPORT 1 IESMAINT01 24X7X365 LABOR SUPPORT $4,285.00 EA $4,285.00 IES Support Subtotal $4,285.00 VESTA 9-1-1 Subtotal $19,075.00 IES Support Subtotal $4,285.00 GRAND TOTAL $23,360.00 Quote Summary IES Support Independent Emergency Services, LLC, 235 Franklin St. SW, Hutchinson, MN 55350 (800) 922-8148 FAX (320) 234-5224 www.ies911.com Quote is valid for 120 days. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 18, 2022 DEPARTMENT/DIVISION: Julie Klima, Community Development Director, Jeanne Karschnia, Housing and Community Services ITEM DESCRIPTION: Approve Use of $50,000 in CDBG –CV CARES Act Funds for Homeless Prevention ITEM NO.: VIII.D. Requested Action Move to: Approve the use of $50,000 in Community Development Block Grant Coronavirus (CDBG-CV) funds for People Reaching Out to People (PROP) to address the housing needs of Eden Prairie residents affected by COVID-19. Synopsis PROP has received increased requests for assistance to cover late rent payments, prevent non- renewal of leases and ensure housing stability for families adversely affected by COVID-19. PROP is requesting $50,000 in CDBG-CV funds for homeless prevention. Since May 2020, PROP has been allocated $113,000 in CDBG-CV funds to address the housing needs of Eden Prairie residents affected by COVID-19 and continues to see high demand for these services. A new spike in infections and the threat of evictions has created additional hardship for PROP’s client base and additional funds are needed. Background Information The U.S. Department of Housing and Urban Development (HUD) announced that the City of Eden Prairie has been allocated $399,571 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Attachment PROP Request Letter CITY COUNCIL AGENDA SECTION: Consent DATE: 01/18/2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION: Shutterfly ITEM NO.: VIII.E. Requested Action Move to: • Approve the 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers on 16.2 acres • Adopt the Resolution for Site Plan Review on 16.2 acres • Approve the Development Agreement for Shutterfly Synopsis This is the final reading for Shutterfly. The applicant is requesting approval to demolish an existing office building at 11000 Viking Drive. The building footprint will be reestablished with native plantings and wildflowers. Background The property is located north of I-494 and south of Lake Smetana. The applicant is proposing to demolish an approximately 116,685 square foot office building, the western most building on the site. The eastern building and the link/breezeway currently connecting the two (2) buildings are proposed to remain. The Developer will be constructing an eight (8) foot bituminous trail along Viking Drive as part of overall site alterations. The City will be reimbursing the Developer for the cost difference between the construction costs of a five (5) foot sidewalk and an eight (8) foot trail. Background The 120-day review period expires on February 9, 2022. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement SHUTTERFLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Office Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2022 are justified by the design of the development described therein. D. PUD-_-2022 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted, and the designation of the land shall be, and hereby is amended in the Office Zoning District as Planned Unit Development PUD-_-2022 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 18, 2022 entered into between Tempus Eden Prairie LLC, an Arkansas limited liability company, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th Day of December, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of January, 2022. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Kathy Nelson, Acting Mayor PUBLISHED in the Sun Sailor on January 27, 2022. EXHIBIT A PUD Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Lot 1, Block 1, and Outlot A, Lifetouch 2nd Addition, Hennepin County, Minnesota. Abstract Property. SHUTTERFLY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022-PUD-__-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the Office Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ __________________________ Nicole Tingley, City Clerk Kathy Nelson, Acting Mayor PUBLISHED in the Sun Sailor on January 27, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SHUTTERFLY BY TEMPUS EDEN PRAIRIE, LLC WHEREAS, Tempus Eden Prairie, LLC, has applied for Site Plan approval of Shutterfly to demolish an existing building and construct a bituminous trail; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 8, 2021 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 7, 2021 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to demolish an existing building and construct a bituminous trail, subject to the Development Agreement between Tempus Eden Prairie, LLC. and the City of Eden Prairie, reviewed and approved by the City Council on January 18, 2022. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2022. ____________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 18, 2022 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #22820 Approve Construction Agreement with Xcel Energy for Street Lighting Fixture Change to LED Cobra Heads ITEM NO.: VIII.F. Requested Action Move to: Approve Construction Agreement with Xcel Energy for Street Lighting Fixture Change to LED Cobra Heads on Mitchell Road, Technology Drive and Prairie Center Drive. Synopsis If approved, Xcel Energy will replace 118 high pressure sodium lights and round hatbox fixtures with LED cobra head fixtures on 4’ mast arms utilizing the existing poles along the Mitchell Road, Technology Drive and Prairie Center Drive. Background Information The corridors of Mitchell Road, Technology Drive and Prairie Center Drive each have street lighting with green poles and round hat box fixtures with high pressure sodium lights. In an effort to change out these types of lights with LED throughout the City, Xcel can change out the fixtures to an LED cobra head on a black 4’ mast arm. The green poles would then be painted black to match the mast arm, which would build out this color aesthetic similar to Singletree Lane, Town Center Place, Eden Road and the Prairie Center Drive Bridge. Financial Implications The agreement with Xcel has a cost of $70,800.00. The funding source for the lighting project is the Public Works budget. Attachment Xcel Statement of Work Contract Agreement Statement of Work Requested Form 17-7012 (6-01) Original – Division Accounting Copy – Customer Copy – Division Distribution Engineering DATE: January 6, 2022 WORK REQUESTED BY Carter Schulze WORK TO BE AT Technology Dr & Prairie Center Dr ADDRESS 8080 Mitchell Rd Eden Praire, MN 55344 CONSISTING OF: Replace 118 hatbox fixtures with D rate LED cobra fixtures with 4' mastarms on Mitchell Rd, Technology Dr, and Prairie Center Dr. The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes Northern States Power Company, d/b/a Xcel Energy to do the work described above, and in consideration thereof, agrees to pa y Seventy Thousand Eight Hundred and 00/100 dollars ($ 70,800.00 ) in accordance with the following terms: Payment required prior to construction Credit Approval Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by XCEL ENERGY Customer By By FOR XCEL ENERGY USE Xcel Energy Rep. DamonErickson Division ODL Xcel Energy Proj. No. 12883293 Const. $ 70,800.00 Rem. $ Maint. $ Oper. $ Transf. $ Total $ 70,800.00 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: January 18, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima / Sarah Strain ITEM DESCRIPTION: Nor-Son Office ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for the Planned Unit Development Concept Review on 1.66 acres • Approve the First Reading of an Ordinance for the Planned Unit Development District Review with waivers on 1.66 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct an approximately 15,400 square foot, two (2) story office building at 7544 Market Place Drive. The property is 1.66 acres and located north of the I-494 and US-212 interchange. The property is currently a parking lot. Parking is proposed along the north and east sides of the building, adjacent to neighboring property parking lots. Background Comprehensive Plan Amendment and Zoning The property is guided Regional Commercial in the Comprehensive Plan. The property is currently zoned Office. As part of this application, a comprehensive plan guide change is requested to reguide the property to Office. This proposed reguiding will make the current zoning and future land use guiding align with one another. Site Plan The applicant is proposing to construct an approximately 15,400 square foot, two (2) story office building. Based on this usage, 77 parking spaces are required by City Code. The proposed plan provides 78 parking stalls, and the stalls and parking setbacks all meet City Code requirements. The building will be located along the southern property line. Parking will be along the eastern and northern property lines. Landscaping, the trash enclosure, and a NURP pond will be located along the west portion of the property. The parcel has multiple means of access. There is an existing driveway off Market Place Drive that is proposed to remain. There is also an existing cross access agreement between the subject property and the property to the north. The cross access agreement allows access to the parcel from either Market Place Drive or Office Ridge Circle through the parking lot. There is no shared parking agreement for the existing stalls along the northern property line that are located on the subject property. Landscaping and Tree Replacement The applicant is proposing to remove most existing trees from the site. This is due to both construction impacts and the presence of emerald ash borer in the area. Some of the proposed removals are ash trees that will be removed preemptively to prevent emerald ash borer infestation and future removals. The landscaping plan includes trees, planting beds, and trash enclosure screening. The landscaping and tree replacement plan meet City Code requirements. Building Articulation and Materials The primary building exterior materials will be stone and glass. Metal panels are proposed to be used as accents along the upper portion of the building. All of the elevations feature large spans of glass to offer natural lighting. The proposed building meets the requirements for the number of Class I materials, color variations, and building articulation. The proposed trash enclosure uses complimentary materials to the principal structure. The applicant is seeking a wavier for building material standards to accommodate the metal panel accents, described more below. Planned Unit Development Waivers The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below. 1. Front Yard Setback City Code requires a 35 foot front yard parking setback. The subject property has two (2) street frontages, Market Place Drive and US 212. The applicant is requesting a waiver to allow a 20 foot front yard setback along the US 212 frontage. The building is located along this property line, which keeps the parking lots contiguous with neighboring parking areas. There is a substantial amount of right-of-way and a large grade change between the property line and US-212, providing physical separation between the proposed building and the road. A. Building Material Standards Office buildings are required to have a minimum of 75 percent Class I materials on each building façade. The use of metal panels along the roofline and second story portions of the building increases the amount of Class II materials beyond City Code requirements. On average, the façades of the building have 69 percent Class I materials and 31 percent Class II materials. The highest ratio is 71 percent Class I to 29 percent Class II on the west façade, and the lowest ratio is 65 percent Class I to 35 percent Class II on the east façade. The requested PUD waiver would allow an average Class I to Class II material ratio of 69 percent Class I and 31 percent Class II among the four (4) façades. At no time shall a façade have a lower Class I to Class II ratio than the eastern façade of 65 percent Class I to 35 percent Class II. Sustainability The project will be reducing impervious surface coverage on the site by approximately 9,000 square feet. The building will also be implementing sustainable design features such as LED lighting, water conserving fixtures, and high efficiency mechanical equipment. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project at the December 13, 2021 meeting, consistent with staff’s recommendation and the staff report dated December 13, 2021. Based on staff recommendations in the staff report, the Planning Commission asked the applicant to revise information on the demolition plan, site plan, drainage/grading plan, tree replacement plan, and TDM plan prior to public hearing with City Council. These revisions sought to provide additional clarification, ensure the plans met City Code requirements, and the information between plan sheets were consistent. All of the requested corrections have been completed to the satisfaction of City staff. Attachments 1. Ordinance for PUD 2. Resolution for Comprehensive Guide Plan Change 3. Resolution for PUD Concept Review 4. Staff Report 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes NOR - SON EDEN PRAIRIE OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Office Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2022 are justified by the design of the development described therein. D. PUD-_-2022 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Office Zoning District as Planned Unit Development PUD-_-2022 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2022 entered into between Nor-Son, Inc., a Minnesota corporation, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2022, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of ___, 2022. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _____, 2022. EXHIBIT A PUD Legal Description Parcel 1: Lot 1, Block 1, Bryant Lake Center 3rd Addition. Hennepin County, Minnesota Torrens Property Parcel 2: Driveway easement contained in Driveway Easement and Maintenance Agreement dated April 16, 2004, filed May 26, 2004, as Document No. 3967629. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal of Nor-Son Eden Prairie Office, by Nor-Son, Inc. is for a Comprehensive Guide Plan Change from Regional Commercial to Office on 1.66 acres, as legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated January 11, 2022 and the staff report dated January 18, 2022, and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2022. _______________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description: Parcel 1: Lot 1, Block 1, Bryant Lake Center 3rd Addition. Hennepin County, Minnesota Torrens Property Parcel 2: Driveway easement contained in Driveway Easement and Maintenance Agreement dated April 16, 2004, filed May 26, 2004, as Document No. 3967629. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF NOR - SON EDEN PRAIRIE OFFICE FOR NOR – SON, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on December 13, 2021, on Nor – Son Eden Prairie Office by Nor – Son, Inc. and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on January 18, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Nor – Son Eden Prairie Office, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated January 11, 2022. 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 13, 2021. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January 2022. ___________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description: Parcel 1: Lot 1, Block 1, Bryant Lake Center 3rd Addition. Hennepin County, Minnesota Torrens Property Parcel 2: Driveway easement contained in Driveway Easement and Maintenance Agreement dated April 16, 2004, filed May 26, 2004, as Document No. 3967629. STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: December 13, 2021 SUBJECT: Nor-Son Office Building LOCATION: 7544 Market Place Drive APPLICANT/OWNER: Nor-Son, Inc. 120 DAY REVIEW: March 17, 2022 REQUEST: • Guide Plan Change from Regional Commercial to Office on 1.66 acres • Planned Unit Development Concept Review on 1.66 acres • Planned Unit Development Review with waivers on 1.66 acres • Site Plan Review on 1.66 acres BACKGROUND The applicant is proposing to construct an approximately 15,400 square foot, two (2) story office building. The 1.66 acre site is located on Market Place Drive north of the Interstate 494 and US- 212 interchange. The site is currently a parking lot and is surrounded by office buildings on the north and west sides, US-212 to the south, and industrial buildings to the east. The property is currently zoned Office and guided for Regional Commercial in the future land use plan. COMPREHENSIVE PLAN AMENDMENT As part of this application review, a comprehensive guide plan change is requested to match the current zoning and the future land use to both be Office. The property is currently zoned Office and guided for Regional Commercial in the future land use plan. The requested Guide Plan change would reguide the property to Office. The property was rezoned from Regional Commercial to Office in 1980 as part of a larger PUD area and been guided for Regional Commercial on the City’s future land use plan throughout Eden Prairie’s history. Adjacent properties are guided Regional Commercial and Industrial Flex Tech. Offices are permitted uses in Commercial zoning districts. The purpose of the Industrial Flex Tech district outlined in Aspire 2040 is to provide for flex service and office uses along with light industrial uses, such as warehousing. Reguiding this parcel to Office would be consistent with the intended land uses in this area of the City and will make the zoning and guiding consistent with one another. SITE PLAN The applicant is proposing to construct an approximately 15,400 square foot, two (2) story office building. Based on this usage, 77 parking spaces are required by City Code. The proposed plan provides 78 parking stalls. These spaces are provided in surface parking lots on the north and east sides of the building. The proposed parking areas comply with all setback requirements. Staff Report – Nor-Son Office December 13, 2021 Page 2 The site meets side and front yard setbacks on all but one (1) side. The applicant is requesting a setback waiver for the building. With frontages on both Market Place Drive and US 212, the applicant is requesting a waiver for front yard setbacks on US 212. The building is located along this property line, which keeps the parking lots contiguous with neighboring parking areas. There is a substantial amount of right-of-way and a large grade change between the property line and the US- 212 roadway, providing physical separation between the proposed building and the roadway. This physical separation acts as a form of screening, and the building screens the parking lot from the highway. Prior to 1st Reading at City Council, the applicant shall revise the site plan to reflect the requested front yard setback waiver and the side yard setbacks of the Office zoning district. The parcel has multiple means of access. There is an existing driveway off Market Place Drive that is proposed to remain. There is also an existing cross access agreement between the subject property and the property to the north to allow access to the property and serve the entrance in the northwest corner of the property. The cross access agreement allows access to the parcel from either Market Place Drive or Office Ridge Circle through the parking lot. There is no shared parking agreement for the existing stalls along the northern property line that are located on the subject property. ARCHITECHTURAL STANDARDS The proposed building features articulation on all four sides, providing visual interest to the building. All elevations feature large spans of glass to offer natural lighting. There is spandrel glass near the top of the first floor/lower portion of the second floor. The ground level windows are frosted, and the second story windows are transparent glass. The proposed building meets the requirements for the number of Class I materials and color variations in the Office zoning district. Staff Report – Nor-Son Office December 13, 2021 Page 3 The applicant is seeking a waiver from the code provision for a minimum of 75 percent Class I materials in the Office zoning district. The applicant is using a variety of Class I materials, including glass, precast concrete, and stone. Metal panels are proposed as an accent feature around the top of the building. On average, the façades of the building have 69 percent Class I materials and 31 percent Class II materials. The highest ratio is 71 percent Class I to 29 percent Class II on the west façade, and the lowest ratio is 65 percent Class I to 35 percent Class II on the east façade. Decorative wall mounted lights will be located along the top of the building on each façade. The site lighting meets City Code requirements. The proposed trash enclosure, shown in the concept on the right, uses complimentary materials to the principal structure. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. Staff Report – Nor-Son Office December 13, 2021 Page 4 A. Front Yard Setback Office buildings are required to have a 35 foot front yard setback. The subject property has two (2) street frontages, Market Place Drive and US 212. The applicant is requesting a waiver to allow a 20 foot front yard setback along the US 212 frontage. The building is located along this property line, which keeps the parking lots contiguous with neighboring parking areas. Additionally, there is a substantial amount of right-of-way and a large grade change between the property line and the US-212 roadway, providing physical separation between the proposed building and the roadway. B. Building Material Standards Office buildings are required by City code to have a minimum of 75 percent Class I materials on each building façade. The proposed building meets the requirements for the number of Class I materials and color variations. The use of metal panels along the roofline and second story portions of the building increases the amount of Class II materials beyond City Code requirements. On average, the façades of the building have 69 percent Class I materials and 31 percent Class II materials. The highest ratio is 71 percent Class I to 29 percent Class II on the west façade, and the lowest ratio is 65 percent Class I to 35 percent Class II on the east façade. The requested PUD waiver would allow an average Class I to Class II material ratio of 69 percent Class I and 31 percent Class II among the four (4) façades. At no time shall a façade have a lower Class I to Class II ratio than the eastern façade of 65 percent Class I to 35 percent Class II. LANDSCAPE AND TREE REPLACEMENT PLAN The applicant is proposing to remove most existing trees from the site. This is due to both construction impacts and the presence of emerald ash borer in the area. Some of the proposed removals are ash trees that will be removed preemptively to prevent emerald ash borer infestation and future removals. There are three (3) significant trees on the site that will be removed and require tree replacement. The landscaping plan includes trees, planting beds, and trash enclosure screening. The proposed plan meets landscaping and tree replacement requirements. The tree replacement calculation needs to be revised prior to City Council to only include significant trees in the existing caliper inches to ensure the formula is consistent with City Code requirements. DRAINAGE A stormwater basin is proposed to be located in the southwest corner of the property. Water from this basin will drain to the larger NURP pond west of the Extended Stay America, the abutting western property, along current storm sewer outlets. A small underground chamber will be located along the north side of the driveway access to Market Place Drive. This project is decreasing the amount of impervious surface on the site by approximately 9,000 square feet. This property is not within the Shoreland Overlay District. Staff Report – Nor-Son Office December 13, 2021 Page 5 SIGNS Sign areas are shown on the exterior elevations for illustrative purposes only. The property is permitted two (2) wall signs since it has two (2) street frontages. All proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. STAFF RECOMMENDATION Staff recommends approval of the following request: • Guide Plan Change from Regional Commercial to Office on 1.66 acres • Planned Unit Development Concept Review on 1.66 acres • Planned Unit Development Review with waivers on 1.66 acres • Site Plan Review on 1.66 acres This is based on plans stamp dated December 7, 2021, staff report dated December 13, 2021 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: a. Provide an updated TDM plan. b. Revise the setbacks to conform to the Office zoning district and reflect the requested front yard setback waiver c. Revise the demolition plan to note that the two (2) larger ash tree along the northern property line are removed. They are shown as removed but listed in the inventory table as saved. d. Revise the tree replacement calculation to only included significant trees in the existing caliper inches. e. Details or typical sections must be provided for the southwest basin and must include a planting/restoration plan. f. Show the 100-year high water elevation for the underground BMP on the grading and/or stormwater management plans. 2. Prior to land alteration permit issuance, the applicant shall: a. Provide a soil boring within the northeast BMP and show on the grading plans. b. Submit detailed utility and erosion control plans for review and approval by the City Engineer. c. Obtain and provide documentation of Watershed District approval. d. Notify the City and Watershed District 48 hours in advance of grading. e. Install erosion control at the grading limits of the property for review and approval by the City. f. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. 3. The following waivers are granted through the PUD for the project as indicated in the plans Staff Report – Nor-Son Office December 13, 2021 Page 6 stamp dated December 7, 2021. A. Front Yard Setback Office buildings are required to have a 35 foot front yard setback. This waiver allows for a 20 foot front yard setback along the US 212 frontage. B. Building Material Standards Office buildings are required by City Code to have a minimum of 75 Class I materials and 25 percent Class II materials. This waiver allows the proposed building to have an average of 69 percent Class I material and 31 percent Class II material among the four (4) exterior façades. At no time shall a façade have a lower Class I to Class II ratio than the eastern façade of 65 percent Class I to 35 percent Class II. City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event w ill The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map w as Updated/Created: April 18, 2008 Guide Plan Map: Nor-Son Office (2021-17)Address: 7544 Market Place DriveEden Prairie, Minnesota 55344 Rural Low Density Residential Medium D ensity Residential Medium Migh D ensity Residential High Density Residential Mixed-Use Town C enter Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & R ailroad Right-of-Way Lakes 390 0 390195 Feet Date Approved: 10-01-2019 Project Site Bryant Lake US HIGHWAY 212 Updated through Resolution 2020-84 VALLEY VIEW RD MARKET PLACE DROFFICE RIDGE CIR NE §¨¦494 £¤212 QR39 OFFICERIDGECIRMARKETPLACEDRFLYING CLO UD DRV A L L E Y V I E W RD City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City C enter w ill prevail. ¯ Updated through approve d Ordin ances #10-2021 Ordinan ce #33 -2001 (BFI Additio n) approve d, but not shown on th is map edition Date: September 30, 2021 0 0.150.0 75 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to T he City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Nor-Son Office (2021-17)Address: 7544 Market Place DriveEden Prairie, MN 55344 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood C ommercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC -C TC -R TC -MU TOD -E TOD -R Transit Oriented D evelopment - Residential Transit Oriented Development - Residential TOD -MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Lakes Wetlands Project Site Bryant Lake INTERSTATE494 MARKETPLACEDROFFICERIDGECIRINTERSTATE 494 U S H IG H W A Y 2 1 2 U S H IG H W A Y 2 1 2 V A L L E Y V I E W RD V A L L E Y V I E W RD R A M P RAMPRAMP RAMP Aerial Map: Nor-Son Office (2021-17)Address: 7544 Market Place DriveEden Prairie, Minnesota 55344 0 150 30075 Feet ¯ Project Site APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 13, 2021 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, William Gooding, Robert Taylor CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Kirk moved, seconded by Taylor to approve the minutes of November 8, 2021 amended to correct the vote in Item V2 to 8-1 with one nay vote. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. NOR-SON EDEN PRAIRIE OFFICE Request for: • Guide Plan Change from Regional Commercial to Office on 1.66 acres • Planned Unit Development Concept Review on 1.66 acres • Planned Unit Development District Review with waivers on 1.66 acres • Site Plan Review on 1.66 acres Jesse Hopkins, Nor-Son project architect, presented a PowerPoint and detailed the application. The existing at-grade parking lot on this site would be converted to an office building for Nor-Son and company parking. Hopkins displayed the PLANNING COMMISSION MINUTES December 13, 2021 Page 2 approach from Market Place Drive. The existing condition survey showed the property could be accessed directly from Market Place Drive or from the easement on the adjacent property. The geo-technical report indicated the fill soils ranged from a depth of four to nine feet and would need to be excavated and recompacted for this development. All would be demolished and opened up Hopkins displayed the site plan showing the building placement and the parking layout. There was preferred parking for carpools and bike racks. As a part of the PUD waiver process the applicant was requesting a waiver from 35 feet to 20 feet along the frontage. The applicant was working actively with the Watershed District to develop a stormwater treatment plan. All storm water was presently untreated, flowing into catch basins and then into drains, whereas the plan would have it be treated in an underground storage system before discharged into the sewers. 93 percent of total suspended solids and 83 percent of phosphorus would ultimately be treated. The development would reduce the impervious area by 9,000 square feet, and Hopkins stated this exceeded requirements. The utility plan showed the water service being looped through the property and the sanitary connection would tie into the existing sewer at Market Place Drive. The applicant was seeking a second waiver to increase the amount of Class Two materials, utilizing natural stone, architectural concrete, masonry with cast stone accents, architectural glazing and two different profiles of anodized aluminum metal cladding. Class Two materials were limited by City Code to 25 percent, but the applicant sought an increase to 29-39 percent per façade. Hopkins displayed an elevation rending. Farr asked if the site plan showed the applicant actually owned the adjacent parking stalls. Hopkins replied the title indicated these parking stalls were indeed on the applicant’s property. The stalls were typically not being used by the adjacent property. Adding these stalls to the development helped the applicant to meet the parking requirement but the applicant did not need to own them to develop the site. Response to a request by the City. Farr noted there was an accessible parking stall in a non-accessible route which did not reach the front door. Hopkins replied that stall was pre-existent and there were two other accessible parking stalls in front of the building which were sufficient. Farr stated he understood this. DeSanctis asked if the architectural materials would clad all sides of the building, giving it a unified 360-degree appearance, and Hopkins replied they would. PLANNING COMMISSION MINUTES December 13, 2021 Page 3 Mette asked if the building would be a multi-tenant building or company- occupied only. Hopkins replied this building would be company-occupied only; Anderson Group was the holding company, and its subsidiaries including Nor- Son Construction and Nor-Son Custom Builders would be tenants. There was an unimproved tenant space which would be acquired as well. Mette stated she at first thought she saw more parking stalls than were needed but now understood the extra stalls were already built, and her next question was answered. Hopkins replied the traffic engineer had suggested more than what was required for occupancy. Mette noted that smaller office buildings did not have the parking stall demand per square foot that a larger building would. She added the trash enclosure seemed oversized and had a roof. Hopkins replied he would explore using rolling totes, but the state required both trash and recycling, and this size was typical of what Nor-Son did for commercial developments. It was also partly driven by the state. The added roof came from Eden Prairie ordinance. Taylor asked what the frontage waiver would gain the applicant. Hopkins replied the purpose of a front setback drove the request and would allow the applicant to put a building on a narrow, double-loaded lot with increased green space. The aerial photo showed nearby buildings even closer to the interstate than was being asked here. Klima presented the staff report. The applicant proposed to construct an approximately 15,400 square foot, two story office building on an existing parking lot. The proposed building would be constructed on the south side of the lot. Stormwater management and landscaping would be added to the site, decreasing the total impervious surface area. The site was zoned Office and guided for Regional Commercial. As part of the PUD, the applicant was requesting waivers for front yard setbacks along the US 212 frontage and exterior building material standards, increasing the Class Two materials from 25 percent to 29 percent on one façade and up to 35 percent on another. On average the percent of Class Two materials would range between 29-35 percent. She added the definition of “front yard” in City Code was any frontage adjacent to any street right-of-way. Staff recommended approval. Mette asked if the fiber cement proposed was a Class One material. Klima replied this was true only in multifamily residential districts. Mette asked if acquiring the parking stalls to the north put the other, adjacent property out of compliance. Klima stated there was not a shared parking agreement so these stalls were not counted as a part of that site’s parking requirement. PLANNING COMMISSION MINUTES December 13, 2021 Page 4 MOTION: Farr moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Farr urged the City to consider in its future Code improvements replacing conventional light-gauge sheet steel in favor of denser and more stable composite materials such as Aluminum Composite Material (ACM panels) or Metal Composite Material (MCM). He noted the waiver asked to utilize a not architectural metal which could deform, or “oil can,” due to changes in temperature. In his opinion light-gage sheet steel was not an architectural metal. Field stone historically used as foundation for a building, and he would have expected the use of brick on the piers around the building. He had no objection to the frontage waiver. Mette commended Farr’s point on architectural metals being a preferable material to the sheet metal proposed. She had observed smaller pieces being overlapped to prevent “oil canning” and this application was too large for that. Farr commended the use of a corrugated profile which would be stronger, but it was not used throughout the development. Mette asked if this quality of metal would be a condition of approval. Farr replied he would be in favor of setting a condition to use either at least 75 percent ACM or MCM. Mette agreed. Hopkins added that as an architect himself he appreciated how the City of Eden Prairie has crafted its architectural standards. He stated most of the metal profile on the proposed building was one that would not be subject to “oil canning” or metal deformation since the metal used was not light-gauge sheet metal. The last 18 inches on the cornice was indeed made of flat metal but was far under the 25 percent required by ordinance. Kirk stated 1) the proponent was designing a building for its own organization and would therefore be careful about its appearance; 2) the magnitude of the waiver was small, so he did not see this as an issue; 3) as a metallurgist he appreciated the high-quality metal finished used. He found the waiver to be acceptable and specifying materials in excess of the City’s requirements could do their organization more damage. Gooding agreed, and added that given the amount of variance sought, he struggled with the commission stipulating a different design. Mette replied she thought Kirk made good points. It had been the case in the past that comments and suggestions by commission members raised concerns that were alleviated with more information and further discussion. She was now willing to vote for the application without the stipulation but suggested the applicant take particular care to avoid “oil canning” of the metal. Pieper replied he PLANNING COMMISSION MINUTES December 13, 2021 Page 5 was satisfied with Hopkins’ answer. Farr and Kirk agreed this discussion on material classes was important. MOTION: Farr moved to recommend approval of the Guide Plan Change from Regional Commercial to Office on 1.66 acres; Planned Unit Development Concept Review on 1.66 acres; Planned Unit Development District Review with waivers on 1.66 acres; Site Plan Review on 1.66 acres based on the information outlined in plans stamp dated December 7, 2021 and the staff report dated December 13, 2021 with the added condition that the percentage of metal on the façade be brought to within the 25 percent limit of light-gauge sheet metal materials, and any additional metal on the building be a more dimensionally stable material such as MCM or ACM. Motion died for lack of a second. Markos asked if different types of metals were split within Code. Klima replied they were not; all metals were classified as Class Two materials. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the Guide Plan Change from Regional Commercial to Office on 1.66 acres; Planned Unit Development Concept Review on 1.66 acres; Planned Unit Development District Review with waivers on 1.66 acres; Site Plan Review on 1.66 acres based on the information outlined in plans stamp dated December 7, 2021 and the staff report dated December 13, 2021. Motion carried 9-0. 2. CODE AMENDMENT FOR SIGNAGE Request for: • Amend City Code Chapter 11 relating to content neutrality and housekeeping revisions in signage regulations Klima stated this change was not to establish a new sign ordinance but to revise the existing code, which had not been updated in some time since being implemented in 1969. There were four objectives of this update: • To bring the sign code into compliance with Federal Ruling (i.e., content neutral language); • To create sign code regulations specific to newly created zoning districts (e.g., TOD and Town Center Districts); • To organize and reformat the code where necessary for user friendliness for both internal and external users; • To provide periodic and necessary housekeeping updates to reflect current sign terminology, consistence in application and where possible provide for sign code flexibility. PLANNING COMMISSION MINUTES December 13, 2021 Page 6 Staff’s work plan included a comprehensive Sign Code update. Staff presented information on the Sign Code update to the City Council workshop of March 2, 2021. The update would be a two-phased approach: 1. Work on portions of the code that needed immediate attention 2. Separations into sections to prevent one portion of the project to delay another portion and avoid potential complexities Staff prioritized content neutral amendments as Phase One. The objective was to make the sign code content neutral to be in compliance with the federal ruling and remove all content-based references. Housekeeping amendments made up Phase Two. These would be clarifying portions of the code to provide for consistency in application and enforcement of the code; clarify, reorganize, and reformat existing language; and changing themes, such as “shall” to “must,” revising reference to sections and subdivisions, adding some definitions and clarifying language. Klima displayed redlined document example showing some instances of content- neutral changes. Markos asked if the final example’s use of the term “immediate” asked for a specific definition from the City. Klima replied the City would defer to the dictionary definition and has not defined a specific time frame for the term “immediate.” Markos asked for a reason no time frames were specified. Klima replied the intention behind saying “immediate” was to have signage corrected as soon as possible, but staff would work with owners to ensure compliance. Mitigating circumstances such as supply chain interruptions demanded flexibility. Farr asked how the Code’s requirements on dynamic displays “not changing more than once every 20 minutes” would affect certain projects that had drive-throughs with menu boards that that changed perhaps every three seconds. Klima replied menu boards were regulated differently, being viewed from the interior of a site, and were not subject to the regulations for dynamic displays, which were viewed from a site’s exterior. City staff would follow up on rewriting the Code in instances in which interior dynamic signs were to be changed to be used as advertisement (making them a true dynamic display under the Code). Mette asked if a menu board’s definition was driven by its content, and Klima replied it was defined by its location. MOTION: Higgins moved, seconded by Markos to close the public hearing. Motion carried 9-0. PLANNING COMMISSION MINUTES December 13, 2021 Page 7 MOTION: DeSanctis moved, seconded by Mette to recommend approval of the amendment to the City Code Chapter 11 relating to content neutrality and housekeeping revisions in signage regulations based on the staff report dated December 19, 2021. Motion carried 9-0. PLANNERS’ REPORT 2022 WORK PLAN Klima asked the commission to approve the 2022 Work Plan. She briefly summarized the Plan: • Code amendments (for example sign code amendment and implementation of the Comprehensive Plan • Training curriculum for new and recurring commissioners • Electronic plan review implementation (which went live) • 2023 Work Plan in fourth quarter She also distributed the 2022 Planning Commission meeting dates. Pieper asked if Farr would like to have a discussion on architectural metal as a part of the 2022 Work Plan. Farr replied he would like to have staff review that. DeSanctis asked for more information about how the City complied with new Green Codes, newer regulations, and sustainability efforts. Klima replied the Sustainability Coordinator would be addressing that. Farr stated he believed sustainability was on at least one staff checklist, and Klima replied there was a development review handbook which outlined all submittal requirements. It had been updated for 2022 and included a menu of options for sustainability efforts. Farr stated he supported DeSanctis in specifying what was mandated by law, what was technologically emergent, and technologically adaptive. DeSanctis urged there be less “siloing” of commissions and stated he would welcome having the Sustainability Commission meet with the Planning Commission. Kirk agreed. Higgins added she noticed the Heritage Preservation Commission was also listed and asked if staff could explore shared issues and concerns there as well. MOTION: Mette moved, seconded by Kirk to approve the 2022 Work Plan and 2022 Meeting Schedule with commentary noted. Motion carried 9-0. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Gooding moved, seconded by DeSanctis to adjourn. Motion carried 9-0. The meeting was adjourned at 8:02 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: January 18, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Amendments to City Code Chapter 11 relating to the Sign Code ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to the Sign Code. Synopsis In 2015, the United States Supreme Court issued a decision in the Reed v. Town of Gilbert case, which struck down the City of Gilbert sign regulations based upon the First Amendment to the United States Constitution. The decision holds that a City’s content based sign regulations will be reviewed under “strict scrutiny” and most, if not all, content based sign codes will rarely be upheld. Since the City cannot regulate signs based on the content of the message on the sign, staff is recommending amendments to the Sign Code to make it content neutral. Rather than regulating signs by the information on the sign, the regulations can be based on sign size, height, location, setback, type and number. The proposed code amendments include the removal of all content based references. The amendments also include some housekeeping items. The objective of the proposed code amendments is to make the sign code content neutral to be in compliance with the federal ruling. The objective of the housekeeping items is to clarify portions of the code to provide for consistency in application and enforcement of the code. The changes are not changes in policy or practice from the current regulations. Background Staff’s work plan includes a comprehensive update to the Sign Code. The purpose and objectives of the updates are not to establish a new sign code but to revise the existing code. The updates are intended to address multiple items including content neutrality, sign regulations for recently created zoning districts, organization and format, and housekeeping items. The plan for the Sign Code update was shared with the City Council at the March 2, 2021 workshop and included a discussion of a phased approach to completing the update. At the meeting, updating the code to address content neutrality was prioritized as the first phase with other phases to follow. These amendments are the first phase of the broader sign code update. Attachments 1. Ordinance Amending Section 11.70 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.70 RELATING TO SIGN REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 11, Section 11.70 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 11.70. SIGN REGULATIONS. Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: Banners and Pennants means attention-getting devices which resemble flags. Canopy and Marquee means a roof-like structure projecting over the entrance to a building. Commercial Speech means speech or graphics advertising a business, profession, commodity, service, or entertainment. City Entry Monument Sign means a monument sign, including associated decorative elements, erected by the City to denote entrances into the City. Drive-Thru Lane Sign means any sign located along a drive-thru lane. Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Flag means any fabric or similar lightweight material that is attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices. Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Height means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Illuminated Sign means any sign which is illuminated by an artificial light source. Multi-tenant means structures containing two (2) or more businesses, uses, or occupants. Non-Commercial Speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of this section, but does not conform to the newly enacted requirements of this section. Off-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an off-premises sign. On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or parcel as officially recorded with the county, and including fee owners, contract for deed purchasers, and ground lessees. The term “owner” means, in the case of a sign, the owner of the sign, including a lessee. Parapet Wall means an architecturally, structurally, and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Permanent Sign means any sign which is not a temporary sign. Portable Sign means a sign designed to be movable from one (1) location to another which is not permanently attached to the ground or any structure. Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Shielded Light Source means a light source for which all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures that is displayed for informational or communicative purposes. Sign Area means that area that is included in the smallest rectangle which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base. Sign Base means any supportive structure below or surrounding the sign area that is located on the ground. Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets. For purposes of this definition, an interior lot has one (1) street frontage, and a corner lot has two (2) street frontages. Temporary Sign means a sign that is erected or displayed for a limited period of time. Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic. Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Wall Sign means any sign that is affixed flat to a wall of any building. Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Yard Sign means any sign that is made of lightweight materials, such as cardboard, vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground. Subd. 4. General Provisions Applicable to All Districts. A. No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code. B. Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section: 1. Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4. 2. Roof signs. 3. Inflated devices, banners, pennants, and whirling devices. 4. Portable signs 5. Projecting signs. C. All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed. D. No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs. E. Notwithstanding any other provisions of this section, all non-commercial signs of any size containing may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election. F. One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first. G. Temporary Signs. 1. For the purposes of this Subdivision 4.G. “project” is defined as land a. Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or b. For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.03, Subdivision 6 within which two (2) or more dwellings are permitted in accordance with such approval. For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof. 2. Temporary on-premises free-standing signs may be erected within a project, provided: a. A sign may not exceed thirty-two (32) square feet in area. b. Not more than one (1) sign for a project may be erected. c. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater: Number of Acres or Dwellings in a Project (whichever is greater) Number of Signs 2—10 6 11 or more 12 b. Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. c. Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. d. Signs may be placed on land only with the land owner’s permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign per project may be installed upon a lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the project. H. Temporary Single Property Signs. 1. For purposes of this subdivision 4.H, a “single property” is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon. 2. Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations: a. A sign may not exceed: (1) Six (6) square feet for a single property that meets at least one of the following criteria: (A) on which is situated a dwelling; (B) which is vacant and located within the One-Family Residential or the Rural District; or (C) on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area). (2) Thirty-two (32) square feet for a single property (other than a single property described in (1)): (A) on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or (B) is vacant. b. Not more than one (1) sign for a single property may be erected. c. A sign must be removed within seven (7) days following the lease or sale of the single property. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. No more than two (2) off-premises signs may be erected for a single property. b. Signs may be erected for a period not to exceed 4 days c. Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground. d. Signs may be placed on land only with the owner’s permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign for a single property may be installed upon any lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the single property. h. A sign must be removed within seven (7) days following the lease or sale of the single property. I. Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.03, Subdivision 3.F. J. Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area. K. Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements. L. No sign may be attached to any tree, vegetation, or utility pole. M. Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City. N. The sign base may not exceed one-half (½) the maximum sign size permitted in the zoning district. O. No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district’s permitted sign area. P. Where temporary outdoor display areas are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area. Q. Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. R. A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that: 1. The sign will not interfere with the ability of drivers and pedestrians to see the public right-of-way, traffic sign or signal, or crossroad or crosswalk; 2. The sign will not distract drivers or result in confusion as to the meaning of any public right-of-way or highway sign, or any traffic sign or signal; and 3. The sign will not obstruct clear visibility for traffic and pedestrian movement. Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions. A. Residential Districts: R, R-1, RM, TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential uses. 1. Wall Signs. One (1) wall sign per building not greater than six (6) square feet in area. 2. Free-Standing Signs and Yard Signs. a. One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height. b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height. c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line. d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Temporary signs are permitted only as provided in Subdivision 4. B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and TC-C; and TOD-R, TOD-MU and TC-MU if the project contains commercial uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free- standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. Setback. No sign may be placed closer than twenty (20) feet from any public right- of-way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right-of-way line. d. Height. Free-standing signs may not exceed twenty (20) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet. 3. Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 4. Temporary signs are permitted only as provided in Subdivision 4. C. Office District; and TOD-MU, TOD-E, TC-MU, and TOD-C if the project includes office uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed fifty (50) square feet. b. Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to exceed fifty (50) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted. 3. Temporary signs are only permitted as provided in Subdivision 4. D. Industrial District: I-2, I-5, and I-GEN; and TOD-E if the project includes industrial uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. No free-standing sign may exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed eighty (80) square feet is permitted. b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet. 3. Temporary Signs are only permitted as provided in Subdivision 4. 4. Sign Design. All signs shall be uniform in design, color, and placement. E. Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section. F. Public District and Parks/Open Space District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free- standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. b. One (1) wall sign per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted. c. Signs must be uniform in design. 3. Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty- two (32) square feet. G. Golf Course District. 1. Free-standing Signs. a. One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted. b. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. c. Height. A free-standing sign may not exceed eight (8) feet in height. d. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. One wall sign per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided one (1) wall sign does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design. 3. Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. H. Airport. 1. Wall Signs. a. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission. b. Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy-five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. c. Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs. a. Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet. b. Property operated by the Metropolitan Airports Commission is permitted one (1) free-standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height. c. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. d. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height. Subd. 6. Dynamic Displays. A. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade- outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg- Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 & I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts. C. Duration of Image. A dynamic display’s image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and- minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. D. Transition. If a dynamic display’s image or any portion thereof changes, the change sequence must be instantaneous without any special effects. E. Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic displays may not be equipped with audio speakers. H. Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All dynamic displays must meet the following brightness standards: 1. No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. 2. All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign’s brightness to comply with the requirements of this section. 3. No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. 4. The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City’s instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 5. The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face. Subd. 7. Administration and Enforcement. A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit. B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs: 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 2. Signs erected by a governmental unit or public school district. 3. Temporary signs. 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble. 5. Signs six (6) square feet or less in size. 6. Flags. 7. Yard signs. Subd. 8. Violations and Enforcement. A. It is unlawful for any person to violate the provisions of this section. B. If the City finds that: 1. any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public; 2. any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or 3. any sign is improperly maintained or is in violation of any other provisions of this section; the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney’s fees, may be levied as a special assessment against the property upon which the sign is located. C. Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required. D. Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B. E. Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76. F. With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _______________, 2022. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on____________________________. STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: December 9, 2021 SUBJECT: Code Change – City Code Chapter 11, relating to the Sign Code BACKGROUND In 2015, the United States Supreme Court issued a decision in the Reed v. Town of Gilbert case, which struck down the City of Gilbert sign regulations based upon the First Amendment to the United States Constitution. The decision holds that a City’s content based sign regulations will be reviewed under “strict scrutiny” and most, if not all, content based sign codes will rarely be upheld. Since the City cannot regulate signs based on the content of the message on the sign, staff is recommending amendments to the Sign Code to make it content neutral. Rather than regulating signs by the information on the sign, the regulations can be based on sign size, height, location, setback, type and number. Staff’s work plan includes a comprehensive update to the Sign Code. The purpose and objectives of the updates are not to establish a new sign code but to revise the existing code. The updates are intended to address multiple items including content neutrality, sign regulations for recently created zoning districts, organization and format, and housekeeping items. The plan for the Sign Code update was shared with the City Council at the March 2, 2021 workshop and included a discussion of a phased approach to completing the update. At the meeting, updating the code to address content neutrality was prioritized as the first phase with other phases to follow. The content neutral amendments are the first phase of the update. OBJECTIVES The objective of the proposed code amendments is to make the sign code content neutral to be in compliance with the federal ruling. The objective of the housekeeping items is to clarify portions of the code to provide for consistency in application and enforcement of the code. The changes are not changes in policy or practice from the current regulations. PROPOSED CODE CHANGES The proposed code amendments include the removal of all content based references. The amendments also include some housekeeping items that clarify, reorganize, and reformat the existing language with the goal of providing consistency in application and enforcement of the code. Some themes of the housekeeping items include changing the word “shall” to “must”, revising references to sections and subdivisions, and adding some definitions and clarifying language. Because of the overall number of amendments, it is not feasible to outline each in this memo. To assist Staff Report – Content Neutral Sign Code Amendments Page 2 2 Commissioners, staff has provided some examples below of the proposed amendments. A copy of the Sign Code with the proposed amendments is attached to this staff report. Underlined language is proposed to be added and the strikethrough of language is proposed to be deleted. Examples of Content Neutral Amendments: • Institutional Sign means any accessory sign which identifies the name and other characteristics of a public or private institution, such as convalescent, nursing, rest, boarding care home or day care center. (Note: Any property with such uses is still allowed signs based on the corresponding Zoning District.) • Religious Symbols means pictures, designs, sculptures, or similar objects that stand for or suggest religious faith, ideas, or qualities. (Note: This is considered content because you have to read a sign to know if it contains a religious symbol. Therefore, it is proposed to be removed. Religious facilities in the Public Zoning District are allowed to have signs based on the regulations of the Public Zoning District). • Planned Unit Development Area Identification Sign—Commercial means a free-standing sign located at an entranceway way to a commercial Planned Unit Development identifying such development having a common identity when said sign is located within the PUD area upon which it identifies. The sign may also identify the names of each individual business within the development. (Note: In the Planned Unit Development, a sign would be allowed with the same square footage as allowed today.) Examples of Housekeeping Amendments: • Sign Area means that area which that is included in the smallest rectangle which can be made to circumscribe the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing face and does not include vertical structural members below the sign face or the sign base. • All signs shall must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. • All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, provided that nothing in this Section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building provisions of the City Code. All signs must be constructed, installed, and maintained in a safe non-deteriorating manner. Cracked, broken or bent, glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed. • No sign may be permanently or temporarily placed on or within any public right-of-way or Staff Report – Content Neutral Sign Code Amendments Page 3 3 other public property, except traffic signs, other signs other than those directing vehicle or pedestrian movements, those pertaining to traffic control or safety, or and cCity eEntry mMonument signs. shall be erected or temporarily placed within any street right-of-way or upon any public easement. STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11 relating to the Sign Code as represented in the December 9, 2021 staff report and the draft code language. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 13, 2021 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, William Gooding, Robert Taylor CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 9-0. IV. MINUTES MOTION: Kirk moved, seconded by Taylor to approve the minutes of November 8, 2021 amended to correct the vote in Item V2 to 8-1 with one nay vote. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. NOR-SON EDEN PRAIRIE OFFICE Request for: • Guide Plan Change from Regional Commercial to Office on 1.66 acres • Planned Unit Development Concept Review on 1.66 acres • Planned Unit Development District Review with waivers on 1.66 acres • Site Plan Review on 1.66 acres Jesse Hopkins, Nor-Son project architect, presented a PowerPoint and detailed the application. The existing at-grade parking lot on this site would be converted to an office building for Nor-Son and company parking. Hopkins displayed the PLANNING COMMISSION MINUTES December 13, 2021 Page 2 approach from Market Place Drive. The existing condition survey showed the property could be accessed directly from Market Place Drive or from the easement on the adjacent property. The geo-technical report indicated the fill soils ranged from a depth of four to nine feet and would need to be excavated and recompacted for this development. All would be demolished and opened up Hopkins displayed the site plan showing the building placement and the parking layout. There was preferred parking for carpools and bike racks. As a part of the PUD waiver process the applicant was requesting a waiver from 35 feet to 20 feet along the frontage. The applicant was working actively with the Watershed District to develop a stormwater treatment plan. All storm water was presently untreated, flowing into catch basins and then into drains, whereas the plan would have it be treated in an underground storage system before discharged into the sewers. 93 percent of total suspended solids and 83 percent of phosphorus would ultimately be treated. The development would reduce the impervious area by 9,000 square feet, and Hopkins stated this exceeded requirements. The utility plan showed the water service being looped through the property and the sanitary connection would tie into the existing sewer at Market Place Drive. The applicant was seeking a second waiver to increase the amount of Class Two materials, utilizing natural stone, architectural concrete, masonry with cast stone accents, architectural glazing and two different profiles of anodized aluminum metal cladding. Class Two materials were limited by City Code to 25 percent, but the applicant sought an increase to 29-39 percent per façade. Hopkins displayed an elevation rending. Farr asked if the site plan showed the applicant actually owned the adjacent parking stalls. Hopkins replied the title indicated these parking stalls were indeed on the applicant’s property. The stalls were typically not being used by the adjacent property. Adding these stalls to the development helped the applicant to meet the parking requirement but the applicant did not need to own them to develop the site. Response to a request by the City. Farr noted there was an accessible parking stall in a non-accessible route which did not reach the front door. Hopkins replied that stall was pre-existent and there were two other accessible parking stalls in front of the building which were sufficient. Farr stated he understood this. DeSanctis asked if the architectural materials would clad all sides of the building, giving it a unified 360-degree appearance, and Hopkins replied they would. PLANNING COMMISSION MINUTES December 13, 2021 Page 3 Mette asked if the building would be a multi-tenant building or company- occupied only. Hopkins replied this building would be company-occupied only; Anderson Group was the holding company, and its subsidiaries including Nor- Son Construction and Nor-Son Custom Builders would be tenants. There was an unimproved tenant space which would be acquired as well. Mette stated she at first thought she saw more parking stalls than were needed but now understood the extra stalls were already built, and her next question was answered. Hopkins replied the traffic engineer had suggested more than what was required for occupancy. Mette noted that smaller office buildings did not have the parking stall demand per square foot that a larger building would. She added the trash enclosure seemed oversized and had a roof. Hopkins replied he would explore using rolling totes, but the state required both trash and recycling, and this size was typical of what Nor-Son did for commercial developments. It was also partly driven by the state. The added roof came from Eden Prairie ordinance. Taylor asked what the frontage waiver would gain the applicant. Hopkins replied the purpose of a front setback drove the request and would allow the applicant to put a building on a narrow, double-loaded lot with increased green space. The aerial photo showed nearby buildings even closer to the interstate than was being asked here. Klima presented the staff report. The applicant proposed to construct an approximately 15,400 square foot, two story office building on an existing parking lot. The proposed building would be constructed on the south side of the lot. Stormwater management and landscaping would be added to the site, decreasing the total impervious surface area. The site was zoned Office and guided for Regional Commercial. As part of the PUD, the applicant was requesting waivers for front yard setbacks along the US 212 frontage and exterior building material standards, increasing the Class Two materials from 25 percent to 29 percent on one façade and up to 35 percent on another. On average the percent of Class Two materials would range between 29-35 percent. She added the definition of “front yard” in City Code was any frontage adjacent to any street right-of-way. Staff recommended approval. Mette asked if the fiber cement proposed was a Class One material. Klima replied this was true only in multifamily residential districts. Mette asked if acquiring the parking stalls to the north put the other, adjacent property out of compliance. Klima stated there was not a shared parking agreement so these stalls were not counted as a part of that site’s parking requirement. PLANNING COMMISSION MINUTES December 13, 2021 Page 4 MOTION: Farr moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Farr urged the City to consider in its future Code improvements replacing conventional light-gauge sheet steel in favor of denser and more stable composite materials such as Aluminum Composite Material (ACM panels) or Metal Composite Material (MCM). He noted the waiver asked to utilize a not architectural metal which could deform, or “oil can,” due to changes in temperature. In his opinion light-gage sheet steel was not an architectural metal. Field stone historically used as foundation for a building, and he would have expected the use of brick on the piers around the building. He had no objection to the frontage waiver. Mette commended Farr’s point on architectural metals being a preferable material to the sheet metal proposed. She had observed smaller pieces being overlapped to prevent “oil canning” and this application was too large for that. Farr commended the use of a corrugated profile which would be stronger, but it was not used throughout the development. Mette asked if this quality of metal would be a condition of approval. Farr replied he would be in favor of setting a condition to use either at least 75 percent ACM or MCM. Mette agreed. Hopkins added that as an architect himself he appreciated how the City of Eden Prairie has crafted its architectural standards. He stated most of the metal profile on the proposed building was one that would not be subject to “oil canning” or metal deformation since the metal used was not light-gauge sheet metal. The last 18 inches on the cornice was indeed made of flat metal but was far under the 25 percent required by ordinance. Kirk stated 1) the proponent was designing a building for its own organization and would therefore be careful about its appearance; 2) the magnitude of the waiver was small, so he did not see this as an issue; 3) as a metallurgist he appreciated the high-quality metal finished used. He found the waiver to be acceptable and specifying materials in excess of the City’s requirements could do their organization more damage. Gooding agreed, and added that given the amount of variance sought, he struggled with the commission stipulating a different design. Mette replied she thought Kirk made good points. It had been the case in the past that comments and suggestions by commission members raised concerns that were alleviated with more information and further discussion. She was now willing to vote for the application without the stipulation but suggested the applicant take particular care to avoid “oil canning” of the metal. Pieper replied he PLANNING COMMISSION MINUTES December 13, 2021 Page 5 was satisfied with Hopkins’ answer. Farr and Kirk agreed this discussion on material classes was important. MOTION: Farr moved to recommend approval of the Guide Plan Change from Regional Commercial to Office on 1.66 acres; Planned Unit Development Concept Review on 1.66 acres; Planned Unit Development District Review with waivers on 1.66 acres; Site Plan Review on 1.66 acres based on the information outlined in plans stamp dated December 7, 2021 and the staff report dated December 13, 2021 with the added condition that the percentage of metal on the façade be brought to within the 25 percent limit of light-gauge sheet metal materials, and any additional metal on the building be a more dimensionally stable material such as MCM or ACM. Motion died for lack of a second. Markos asked if different types of metals were split within Code. Klima replied they were not; all metals were classified as Class Two materials. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the Guide Plan Change from Regional Commercial to Office on 1.66 acres; Planned Unit Development Concept Review on 1.66 acres; Planned Unit Development District Review with waivers on 1.66 acres; Site Plan Review on 1.66 acres based on the information outlined in plans stamp dated December 7, 2021 and the staff report dated December 13, 2021. Motion carried 9-0. 2. CODE AMENDMENT FOR SIGNAGE Request for: • Amend City Code Chapter 11 relating to content neutrality and housekeeping revisions in signage regulations Klima stated this change was not to establish a new sign ordinance but to revise the existing code, which had not been updated in some time since being implemented in 1969. There were four objectives of this update: • To bring the sign code into compliance with Federal Ruling (i.e., content neutral language); • To create sign code regulations specific to newly created zoning districts (e.g., TOD and Town Center Districts); • To organize and reformat the code where necessary for user friendliness for both internal and external users; • To provide periodic and necessary housekeeping updates to reflect current sign terminology, consistence in application and where possible provide for sign code flexibility. PLANNING COMMISSION MINUTES December 13, 2021 Page 6 Staff’s work plan included a comprehensive Sign Code update. Staff presented information on the Sign Code update to the City Council workshop of March 2, 2021. The update would be a two-phased approach: 1. Work on portions of the code that needed immediate attention 2. Separations into sections to prevent one portion of the project to delay another portion and avoid potential complexities Staff prioritized content neutral amendments as Phase One. The objective was to make the sign code content neutral to be in compliance with the federal ruling and remove all content-based references. Housekeeping amendments made up Phase Two. These would be clarifying portions of the code to provide for consistency in application and enforcement of the code; clarify, reorganize, and reformat existing language; and changing themes, such as “shall” to “must,” revising reference to sections and subdivisions, adding some definitions and clarifying language. Klima displayed redlined document example showing some instances of content- neutral changes. Markos asked if the final example’s use of the term “immediate” asked for a specific definition from the City. Klima replied the City would defer to the dictionary definition and has not defined a specific time frame for the term “immediate.” Markos asked for a reason no time frames were specified. Klima replied the intention behind saying “immediate” was to have signage corrected as soon as possible, but staff would work with owners to ensure compliance. Mitigating circumstances such as supply chain interruptions demanded flexibility. Farr asked how the Code’s requirements on dynamic displays “not changing more than once every 20 minutes” would affect certain projects that had drive-throughs with menu boards that that changed perhaps every three seconds. Klima replied menu boards were regulated differently, being viewed from the interior of a site, and were not subject to the regulations for dynamic displays, which were viewed from a site’s exterior. City staff would follow up on rewriting the Code in instances in which interior dynamic signs were to be changed to be used as advertisement (making them a true dynamic display under the Code). Mette asked if a menu board’s definition was driven by its content, and Klima replied it was defined by its location. MOTION: Higgins moved, seconded by Markos to close the public hearing. Motion carried 9-0. PLANNING COMMISSION MINUTES December 13, 2021 Page 7 MOTION: DeSanctis moved, seconded by Mette to recommend approval of the amendment to the City Code Chapter 11 relating to content neutrality and housekeeping revisions in signage regulations based on the staff report dated December 19, 2021. Motion carried 9-0. PLANNERS’ REPORT 2022 WORK PLAN Klima asked the commission to approve the 2022 Work Plan. She briefly summarized the Plan: • Code amendments (for example sign code amendment and implementation of the Comprehensive Plan • Training curriculum for new and recurring commissioners • Electronic plan review implementation (which went live) • 2023 Work Plan in fourth quarter She also distributed the 2022 Planning Commission meeting dates. Pieper asked if Farr would like to have a discussion on architectural metal as a part of the 2022 Work Plan. Farr replied he would like to have staff review that. DeSanctis asked for more information about how the City complied with new Green Codes, newer regulations, and sustainability efforts. Klima replied the Sustainability Coordinator would be addressing that. Farr stated he believed sustainability was on at least one staff checklist, and Klima replied there was a development review handbook which outlined all submittal requirements. It had been updated for 2022 and included a menu of options for sustainability efforts. Farr stated he supported DeSanctis in specifying what was mandated by law, what was technologically emergent, and technologically adaptive. DeSanctis urged there be less “siloing” of commissions and stated he would welcome having the Sustainability Commission meet with the Planning Commission. Kirk agreed. Higgins added she noticed the Heritage Preservation Commission was also listed and asked if staff could explore shared issues and concerns there as well. MOTION: Mette moved, seconded by Kirk to approve the 2022 Work Plan and 2022 Meeting Schedule with commentary noted. Motion carried 9-0. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Gooding moved, seconded by DeSanctis to adjourn. Motion carried 9-0. The meeting was adjourned at 8:02 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: January 18, 2022 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 282262 - 288561 Wire Transfers 1029695 - 1029811 Wire Transfers 8620 - 8630 Purchasing Card 8620 City of Eden Prairie Council Check Summary 1/18/2022 Division Amount Division Amount 100 City Manager 33,413 308 E-911 349 101 Legislative -1,081 315 Economic Development 18,131 110 City Clerk -52 502 Park Development 3,882 111 Customer Service 3,614 509 CIP Fund 51,807 112 Human Resources 60 512 CIP Trails 423 113 Communications 904 513 CIP Pavement Management 181 114 Benefits & Training 1,706 522 Improvement Projects 2006 28,846 131 Finance 376 Total Capital Projects Fund 103,617 132 Housing and Community Services 11,141 133 Planning 22 601 Prairie Village Liquor 96,740 137 Economic Development 30 602 Den Road Liquor 206,369 138 Community Development Admin. 256 603 Prairie View Liquor 114,121 150 Park Administration 620 605 Den Road Building 1,311 151 Park Maintenance 12,073 701 Water Enterprise Fund 636,494 153 Organized Athletics 938 702 Wastewater Enterprise Fund 70,566 154 Community Center 16,831 703 Stormwater Enterprise Fund 51,879 155 Beaches 281 Total Enterprise Fund 1,177,480 156 Youth Programs 8,730 157 Special Events -5 802 494 Commuter Services 3,520 158 Senior Center 1,446 806 SAC Agency Fund 42,245 159 Recreation Administration 335 807 Benefits Fund 329,593 160 Therapeutic Recreation 435 812 Fleet Internal Service 72,895 162 Arts 1,220 813 IT Internal Service 107,896 163 Outdoor Center 716 814 Facilities Capital ISF 18,932 168 Arts Center 1,744 815 Facilites Operating ISF 47,575 180 Police Sworn 47,093 816 Facilites City Center ISF 71,479 184 Fire 40,345 817 Facilites Comm. Center ISF 109,874 186 Inspections 805 Total Internal Svc/Agency Funds 804,008 200 Engineering 1,478 201 Street Maintenance 28,007 Report Total 2,383,290 202 Street Lighting 69,674 Total General Fund 283,152 301 CDBG 15,032 Special Revenue Fund 15,032 City of Eden PrairieCouncil Check Register by GL1/18/2022Check # Amount Supplier / Explanation Account Description Business Unit Comments288527 362,144 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies8628 273,208 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.31.211029735 131,060 RICE LAKE CONSTRUCTION GROUP Improvement ContractsWater Capital Ground Storage Resv/Pump Station Project1029745 66,661 XCEL ENERGY Electric Street Lighting1029746 64,473 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Maintenance Facility8620 62,675 USB-PURCHASING CARD Miscellaneous Pool Operations288361 61,695 HIPERLINE Equipment Repair & Maint Wasterwater Collection288364 53,758 HYDROCORP Capital Under $25,000 Water Capital288402 42,667 VIDEOTRONIX INC Capital Under $25,000 Senior Center288529 41,823 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund288547 40,386 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Capital288401 33,251 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian) IT Operating1029720 32,628 CENTERPOINT ENERGY Gas Arts Center8630 31,955 EMPOWER Deferred Compensation Health and Benefits288526 31,383 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating1029727 29,318 HANSEN THORP PELLINEN OLSON Improvement Contracts Water Capital288297 28,290 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store1029794 24,950 ESRI Software Maintenance IT Operating288306 23,902 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store288493 23,281 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)288559 22,538 VIDEOTRONIX INC Building Repair & Maint. Capital Maint. & Reinvestment288532 22,160 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals8629 20,447 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits1029721 20,311 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility288375 20,264 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital288372 20,217 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire288380 18,932 NAC Other Contracted Services Facilities Capital288460 17,903 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store288288 16,949 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store288500 15,756 AVOLVE SOFTWARE Software IT Capital288322 15,550 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store1029809 15,320 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance1029802 14,847 POMP'S TIRE SERVICE INC Tires Fleet Operating1029739 14,055 STREICHERS Protective Clothing Police Sworn288360 13,825 HENNEPIN COUNTY MEDICAL CENTER Other Contracted Services General Fund288468 13,709 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store288449 12,742 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store288540 12,451 PROP Other Contracted Services CDBG - Public Service288326 11,982 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store288274 11,700 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store288350 11,585 EHLERS & ASSOCIATES INC Deposits Economic Development Fund288521 11,575 HP INC Computers IT Operating288450 11,170 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store1029753 11,052 PRAIRIE ELECTRIC COMPANY Contract Svcs - ElectricalFitness/Conference - Cmty Ctr288489 10,980 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments1029786 10,891 WSB & ASSOCIATES INC Other Contracted Services General Fund288282 10,743 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store288466 10,429 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store1029718 10,046 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station1029790 9,973 CDW GOVERNMENT INC. Computers IT Operating288430 9,875 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store288357 9,696 GRAYMONT Treatment Chemicals Water Treatment288351 9,408 EMBEDDED SYSTEMS INC Other Contracted Services General Fund288541 9,250 PROP Other Contracted Services Housing and Community Service288482 8,784 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store288355 8,565 FIREHOUSE INNOVATIONS CORP Conference/Training Fire1029798 7,692 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance288473 7,481 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store288439 7,428 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store288557 7,192 USTA NORTHERN Instructor Service Tennis288314 7,115 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store1029791 6,952 CENTERPOINT ENERGY Gas Senior Center288289 6,920 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store288555 6,800 TRI STATE BOBCAT INC. Equipment Parts Utility Operations - General288501 6,546 BATH FITTER Accounts Receivable TIF-Eden Shores Senior Housing288296 6,289 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store288495 6,171 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr288486 6,081 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie View Liquor Store1029744 6,079 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #3288561 6,076 XTREME INTEGRATION Capital Under $25,000 Capital Maint. & Reinvestment288459 6,024 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store288436 5,381 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie Village Liquor Store288513 5,132 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police288412 5,005 NAC Contract Svcs - Plumbing City Center - CAM288422 4,970 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store288517 4,952 GRAYMONT Treatment Chemicals Water Treatment1029751 4,778 GENUINE PARTS COMPANY Equipment Parts General Community Center288363 4,643 HOPE HAVEN INC Operating Supplies Snow & Ice Control288504 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General288406 4,550 AULIK DESIGN BUILD Reimburse-legal notices General Fund288303 4,453 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedDen Road Liquor Store288481 4,344 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store288474 4,322 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store288421 4,256 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store288321 4,052 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store288475 4,032 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store1029807 3,944 USA SECURITY Equipment Repair & Maint Water Treatment288451 3,888 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store288338 3,865 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM288369 3,792 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3288315 3,752 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store288558 3,610 VERIZON WIRELESS Telephone IT Operating288553 3,540 THYMES TWO INC Contract Svcs - Lawn Maint. Arts Center288531 3,296 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting Check # Amount Supplier / Explanation Account Description Business Unit Comments288290 3,294 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store8621 3,277 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits1029789 3,233 BOYER TRUCKS Equipment Parts Fleet Operating1029737 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)1029717 2,906 VAN PAPER COMPANY Operating Supplies General Community Center288316 2,799 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store1029799 2,751 LANDS END CORPORATE SALES Other Contracted Services Police Sworn288337 2,700 BOUND TREE MEDICAL LLC EMS Supplies Fire288423 2,682 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store288464 2,627 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store288505 2,464 CENTURYLINK Telephone City Center - CAM288445 2,400 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store288471 2,322 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store1029787 2,315 ANCHOR PAPER COMPANY Office Supplies Customer Service288273 2,292 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store288528 2,280 METROPOLITAN COUNCIL OCS - Monitoring Stormwater Non-Capital288301 2,245 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store288286 2,110 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store288429 2,094 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store1029785 2,041 VAN PAPER COMPANY Cleaning Supplies City Center - CAM288418 2,019 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store288266 2,007 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store288413 2,004 PERA Wages and Benefits 494 Corridor Commission288356 2,000 GOLDEN CHRISTY Rebates Stormwater Non-Capital288544 2,000 SARAZINE DELINA Rebates Stormwater Non-Capital288293 1,958 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store288325 1,946 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie View Liquor Store1029756 1,907 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store1029719 1,885 CDW GOVERNMENT INC. Computers IT Operating288535 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service288511 1,846 COREMARK METALS Equipment Parts Fleet Operating288543 1,841 RECON ROBOTICS Equipment Repair & Maint Police Sworn1029795 1,805 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment288524 1,783 KODIAK CUSTOM LETTERING INC Operating Supplies Skating Rinks/Warming Houses1029761 1,773 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store288265 1,676 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store288519 1,670 GYM WORKS Equipment Repair & Maint Fitness Center288312 1,666 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store288550 1,657 SUBURBAN CHEVROLET Equipment Parts Fleet Operating288308 1,615 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store288435 1,612 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store288331 1,581 AIRGAS USA LLC Supplies - Pool Fire288552 1,579 THE PRESERVE ASSOCIATION Rebates Stormwater Non-Capital288485 1,564 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store288354 1,524 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating288539 1,500 PROP Other Contracted Services CDBG - Public Service1029803 1,487 PRAIRIE ELECTRIC COMPANY Other Contracted Services Miller Park1029788 1,475 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating288478 1,446 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments288518 1,433 GREAT PLAINS INSTITUTE Other Contracted Services Sustainable Eden Prairie288279 1,431 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie Village Liquor Store288267 1,424 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store288515 1,418 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution1029701 1,408 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store288496 1,407 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment1029800 1,393 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating1029755 1,325 VINOCOPIA Liquor Product Received Prairie Village Liquor Store288453 1,319 DOMACE VINO Liquor Product Received Den Road Liquor Store288336 1,265 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn288523 1,265 J H LARSON COMPANY Supplies - General Bldg City Center - CAM1029810 1,244 XCEL ENERGY Electric Traffic Signals1029780 1,242 MINNESOTA CLAY CO. USA Operating Supplies Arts Center288408 1,240 IBRAHIM, MOHAMOUD Tuition Reimbursement/School Organizational Services1029797 1,226 GRAINGER Repair & Maint. Supplies City Center - CAM1029697 1,210 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store288386 1,201 RETROFIT COMPANIES, INC, THE Waste Disposal City Center - CAM1029760 1,166 VINOCOPIA Liquor Product Received Den Road Liquor Store1029770 1,156 BRAUN INTERTEC CORPORATION Testing Capital Maint. & Reinvestment288404 1,155 WIESE USA Contract Svcs - General Bldg City Center - CAM288425 1,134 DOMACE VINO Liquor Product Received Prairie Village Liquor Store288465 1,133 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store1029729 1,119 METRO SALES INCORPORATED* Equipment Rentals IT Operating1029706 1,117 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store288396 1,116 TNC INDUSTRIES INC Contract Svcs - HVAC Fire Station #1288499 1,107 ASSURED SECURITY Contract Svcs - General Bldg Prairie View Liquor Store1029711 1,086 OLSEN CHAIN & CABLE Equipment Testing/Cert. Street Maintenance288368 1,061 KRENZKE JOHN Rebates Stormwater Non-Capital288291 1,056 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store1029801 1,053 MENARDS Small Tools Street Maintenance288551 1,053 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions288542 1,051 PROP Other Contracted Services CDBG - Public Service1029811 1,047 ZIEGLER INC Equipment Repair & Maint Fleet Operating288427 1,010 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store288388 1,000 SAFEASSURE CONSULTANTS INC Conference/Training Facilities Staff288400 1,000 TYLER TECHNOLOGIES INC Software IT Capital288374 997 MASIMO AMERICAS INC Dues & Sub-Magazine etc Fire288377 986 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions General Fund288284 972 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store288324 970 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store288462 969 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store288330 963 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Testing/Cert. Fleet Operating288456 950 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store288503 945 BROCK WHITE COMPANY LLC Repair & Maint. Supplies Wasterwater Collection1029733 945 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Riley House1029752 932 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof City Center - CAM1029742 931 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating1029762 926 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store288262 903 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments1029750 897 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM1029766 881 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store1029723 872 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM288318 858 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store1029732 831 OSI BATTERIES INC Office Supplies Police Sworn1029699 810 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store8624 800 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting1029768 795 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store288414 792 WM CORPORATE SERVICES INC Landscape Materials/Supp Street Maintenance288506 790 CENTURYLINK Telephone Water Distribution288405 781 ALL PETS VET HOSPITAL & EQUINE SERVICES Canine SuppliesPolice Sworn288452 779 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store1029707 774 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store288442 766 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store288470 763 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store288278 756 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store1029763 753 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store288432 747 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store1029758 743 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store288358 729 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions8627 705 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits288376 700 MINNEAPOLIS SAW COMPANY INC Operating Supplies Tree Disease8623 680 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting288370 675 LAURA SOSALLA LLC Other Contracted Services Police Sworn1029703 671 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store288329 661 WINEBOW Liquor Product Received Prairie View Liquor Store288328 648 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store1029767 646 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store288384 629 PRINCIPAL FINANCIAL GROUP Prepaid Expenses 494 Corridor Commission288522 627 INDIGO SIGNWORKS, INC. Supplies - General Bldg City Hall (City Cost)1029722 617 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating288309 605 WINEBOW Liquor Product Received Den Road Liquor Store288454 586 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store288546 576 ST CROIX LINEN LLC Operating Supplies-Linens Fire288340 575 CENTURYLINK Telephone Wastewater Lift Station1029776 575 GREGOIRE, DAVID Other Contracted Services Communications1029792 568 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions288302 566 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store288292 562 DOMACE VINO Liquor Product Received Den Road Liquor Store1029749 546 JOHNSTONE SUPPLY Supplies - HVAC Facilities Staff1029716 543 THE OASIS GROUP Employee Assistance General Fund288349 520 EDINA, CITY OF Other Contracted Services Communications288498 515 ASPEN MILLS Operating Supplies Inspections-Administration1029748 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service288261 500 CITY OF EDEN PRAIRIE Miscellaneous Prairie View Liquor Store288415 500 RAMSEY COUNTY SHERIFF'S OFFICE Deposits General Fund288443 497 WINEBOW Liquor Product Received Prairie Village Liquor Store288353 485 F I R E Training General Fund288394 485 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions Check # Amount Supplier / Explanation Account Description Business Unit Comments288507 481 CINTAS CORPORATION Safety Supplies Community Center Admin288300 477 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store288476 464 DOMACE VINO Liquor Product Received Prairie View Liquor Store1029728 460 MENARDS Repair & Maint. Supplies Street Maintenance288463 459 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store288382 455 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn1029808 438 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating288352 435 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating288491 435 PETTY CASH-POLICE DEPT Mileage & Parking General Fund288393 432 STAPLES ADVANTAGE Office Supplies Utility Operations - General1029726 430 GRAINGER Repair & Maint. Supplies Outdoor Center Facilities288549 430 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Wastewater Lift Station288298 426 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store1029734 423 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Cummins Grill House1029731 421 MULCAHY COMPANY INC Repair & Maint. Supplies Water Treatment288434 414 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store288484 414 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store1029757 414 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store288556 413 TWIN CITIES FLAG SOURCE, INC Operating Supplies Fire288548 401 STAPLES ADVANTAGE Office Supplies Customer Service1029796 392 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating288317 392 DOMACE VINO Liquor Product Received Prairie View Liquor Store288378 390 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General1029765 386 VINOCOPIA Liquor Product Received Prairie View Liquor Store288366 379 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance288320 375 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store288538 375 PRINCESS PARTY PALS Instructor Service Skating Rinks/Warming Houses1029710 374 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM288270 371 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store288534 363 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance288424 362 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store288399 360 TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn288395 358 THE PRESERVE ASSOCIATION Rebates Stormwater Non-Capital1029715 357 ROTO-ROOTER Equipment Repair & Maint Water Treatment288512 350 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & MaintFleet Operating1029700 344 VINOCOPIA Liquor Product Received Den Road Liquor Store288334 333 ASPEN MILLS Postage Fire1029725 331 GARTNER REFRIGERATION & MFG INC Supplies - HVAC Ice Arena Maintenance288554 330 TOLEDO YARDSCAPE LLC Contract Svcs - Asphalt/Concr. Dunn Brothers288483 329 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store288268 325 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store1029769 323 BERRY COFFEE COMPANY Merchandise for Resale Concessions288446 315 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store1029705 312 VINOCOPIA Liquor Product Received Prairie View Liquor Store288379 308 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals288281 305 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store288389 300 SCOTT COUNTY TREASURER Other Rentals Police Sworn288313 297 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store288487 295 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments288510 295 CORE & MAIN Repair & Maint. Supplies Water Distribution288458 289 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store1029712 285 QUALITY PROPANE Motor Fuels Ice Arena Maintenance1029782 285 QUALITY PROPANE Motor Fuels Ice Arena Maintenance288433 279 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store288333 278 ARAMARK Janitor Service Den Road Liquor Store288339 276 BUGBEE, DON Rebates Stormwater Non-Capital288347 275 DELTA DENTAL Prepaid Expenses 494 Corridor Commission288545 273 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance1029698 270 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store288516 268 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance288431 260 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store1029702 260 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store1029740 256 ULINE Improvement Contracts Water Capital288381 252 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities288416 250 WASHINGTON COUNTY COURT ADMIN Deposits General Fund288295 249 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store288299 240 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store288407 239 HOME DEPOT CREDIT SERVICES Repair & Maint - Ice Rink Outdoor Center Facilities288263 234 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store288287 234 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store1029709 233 FASTENAL COMPANY Equipment Parts Fleet Operating288467 209 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store288441 205 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store288346 204 DELEGARD TOOL CO Equipment Parts Fleet Operating1029804 203 SPRINT Cell Phones 494 Corridor Commission1029774 202 FASTENAL COMPANY Operating Supplies Fleet Operating288277 200 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store288345 200 CRIME STOPPERS OF MINNESOTA Dues & Subscriptions General Fund288310 197 WOODEN HILL BREWING COMPANY LLC Liquor Product ReceivedDen Road Liquor Store288428 196 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store288560 195 WAYNES HOME SERVICES Contract Svcs - General Bldg Senior Center288469 189 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store288461 187 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store288271 184 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store1029695 182 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store288272 182 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store288419 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store288447 182 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store288472 182 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store288488 181 SMALL LOT MN Liquor Product Received Prairie View Liquor Store288426 181 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store288455 181 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store288348 175 EARL F ANDERSEN INC Signs Traffic Signs1029738 173 STERICYCLE INC Other Contracted Services Police Sworn1029777 170 IRMITER, JESSE Clothing & Uniforms Police Sworn288420 170 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store288494 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission288305 169 SMALL LOT MN Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments1029743 169 VISTAR CORPORATION Merchandise for Resale Concessions288307 168 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store288438 165 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store288264 163 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store288417 160 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store288440 159 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store288269 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store1029708 156 CARLSTON, BRANDON Canine Supplies Police Sworn288480 154 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store1029724 152 FORCE AMERICA Equipment Parts Fleet Operating288323 148 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store1029759 147 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store288536 147 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center1029805 146 SPS COMPANIES Supplies - Plumbing General Community Center288304 144 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store1029778 140 JOHNSON, PHILLIP Clothing & Uniforms Police Sworn288497 140 ARAMARK Janitor Service Prairie View Liquor Store288275 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store288508 130 COMCAST Phone/Data/Web 494 Corridor Commission288514 125 ERICSON GAIL Tuition Reimbursement/School Fitness Classes288537 124 PAPCO INC Janitor Service City Center - CAM288362 121 HOLM DAVID AR Utility Water Enterprise Fund288371 120 LINDSAY BARBARA Licenses, Taxes, Fees Theatre Initiative288502 116 BEUTZ, KARI Tuition Reimbursement/School Fitness Classes288391 116 SMITH CARINA Tuition Reimbursement/School Fitness Classes288530 116 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service1029779 107 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes288285 106 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store288311 103 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store288444 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store288457 101 INBOUND BREW CO Liquor Product Received Den Road Liquor Store288319 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store288398 100 TOTAL ENTERTAINMENT/KIDSDANCE PROD. Prepaid Expenses General Fund288283 99 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store288327 99 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store288342 98 CINTAS Other Contracted Services Park Maintenance288437 98 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store288332 96 APCO INTERNATIONAL Dues & Subscriptions General Fund288479 96 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store288390 95 SHRED RIGHT Waste Disposal Fire Station #11029713 95 RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes1029754 90 STREICHERS Clothing & Uniforms Volunteers288509 90 COMCAST Equipment Rentals IT Operating288397 87 TOLBERT ALLISON Tuition Reimbursement/School Fitness Classes1029764 85 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store288294 84 INBOUND BREW CO Liquor Product Received Den Road Liquor Store288448 82 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store1029773 79 CONCRETE CUTTING AND CORING Safety Supplies Park Maintenance1029775 76 GOERGEN, MARIE Mileage & Parking Fitness Admin. Check # Amount Supplier / Explanation Account Description Business Unit Comments1029784 74 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital1029772 73 CARLSTON, BRANDON Clothing & Uniforms Police Sworn1029696 73 VINOCOPIA Liquor Product Received Prairie Village Liquor Store288276 72 MEGA BEER Liquor Product Received Prairie Village Liquor Store288280 72 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store8625 70 PAYCHEX Payroll Admin. Fees 494 Corridor Commission288392 69 SPORTSENGINE INC Operating Supplies Athletic Programs Admin288525 64 MAHONEY, DEBI Tuition Reimbursement/School Fitness Classes288477 63 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store288335 59 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating288359 58 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn288385 58 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center1029781 58 OLSEN CHAIN & CABLE Equipment Parts Street Maintenance1029704 57 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store288533 55 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn288367 50 JOHANNESON ASHER MARYA Tuition Reimbursement/School Fitness Classes288520 48 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance1029793 48 ECM PUBLISHERS INC Legal Notices Publishing City Clerk1029771 48 BRINK, LORI Mileage & Parking Recreation Admin288410 47 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn288344 46 COMCAST Cable TV Fire288403 46 WICKERT SCARLET FITZSIMMONS Operating Supplies Outdoor Center288490 45 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store1029736 42 SPRINT Cell/Pager Plans IT Operating288341 40 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission288387 40 RINK SYSTEMS INC Repair & Maint - Ice Rink Ice Arena Maintenance1029806 37 UPS Postage Planning288492 37 PETTY CASH Operating Supplies Internal Events288365 37 I-STATE TRUCK CENTER Equipment Parts Fleet Operating288383 31 PRECISE MRM LLC Equipment Parts Fleet Operating1029714 26 ROCKEY, JOSH Mileage & Parking Senior Center Admin1029747 24 BOHNSACK, SUE Mileage & Parking Senior Center Admin288343 23 COMCAST Other Contracted Services Police Sworn1029783 21 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance1029741 15 UPS Postage Customer Service288409 11 IRMITER REGAN Deposits General Fund288411 10 MOROZ VERONICA Deferred Revenue General Fund288373 9 Manbeck Angela M Tuition Reimbursement/School Fitness Classes8622 2 SQUARE Bank and Service Charges Den Road Liquor Store2,383,290 Grand Total City of Eden Prairie Purchasing Card Payment Report 1/18/2022 Amount Account Description Business Unit 9,705 Other Revenue General Fund 3,676 Other Contracted Services Wine Club/Events 2,604 Repair & Maint. Supplies Fire 2,585 Operating Supplies Fire 2,495 Miscellaneous Police Sworn 2,334 Capital Under $25,000 Police Sworn 1,850 Clothing & Uniforms Fitness Admin. 1,663 Operating Supplies Police Sworn 1,534 Capital Under $25,000 Fitness Center 1,500 Conference/Training City Council 1,500 Conference/Training IT Operating 1,122 Special Event Fees Senior Center Programs 862 Bank and Service Charges Prairie View Liquor Store 857 Employee Award Internal Events 826 Office Supplies Police Sworn 819 Equipment Parts Fleet Operating 800 Operating Supplies Pickleball 744 Tuition Reimbursement/School Police Sworn 744 Tuition Reimbursement/School Police Sworn 741 Office Supplies Police Sworn 718 Prepaid Expenses General Fund 639 Equipment Repair & Maint Police Sworn 623 Operating Supplies Theatre Initiative 554 Equipment Parts Fleet Operating 550 Prepaid Expenses General Fund 540 Small Tools Fleet Operating 532 Operating Supplies Pool Operations 509 Operating Supplies Community Center Admin 505 Repair & Maint. Supplies Water Treatment 499 Conference/Training Street Maintenance 488 Repair & Maint. Supplies Outdoor Center Facilities 478 Miscellaneous IT Operating 462 Operating Supplies Pool Operations 455 Repair & Maint. Supplies Senior Center 450 Advertising Community Center Admin 441 Repair & Maint. Supplies Water Treatment 433 Operating Supplies Police Sworn 407 Operating Supplies Fire 385 Repair & Maint. Supplies Stormwater Collection 380 Conference/Training Fitness Classes 376 Employee Award Organizational Services 368 Operating Supplies Police Sworn 364 Capital Under $25,000 Fitness Center 360 Conference/Training Facilities Staff 359 Tuition Reimbursement/School Police Sworn 352 Tires Fleet Operating 329 Operating Supplies Fire 327 Conference/Training Park Maintenance 320 Prepaid Expenses General Fund 311 Computers IT Operating 307 Miscellaneous City Council 302 Operating Supplies Pool Operations 300 Other Contracted Services Liquor Store Delivery Amount Account Description Business Unit 300 Training Supplies Fitness Center 298 Prepaid Expenses General Fund 290 Other Rentals Theatre Initiative 281 Operating Supplies Riley Lake Beach 281 Operating Supplies Fitness Center 273 Conference/Training Pool Lessons 268 Repair & Maint. Supplies City Center - CAM 264 Miscellaneous Internal Events 252 Operating Supplies Police Sworn 250 Tuition Reimbursement/School Police Sworn 242 Operating Supplies Street Maintenance 240 Training Fire 235 Operating Supplies Pool Lessons 234 Prepaid Expenses General Fund 218 Operating Supplies Pool Operations 216 Employee Award Internal Events 215 Operating Supplies Fire 214 Operating Supplies Day Care 206 Miscellaneous City Council 204 Operating Supplies Outdoor Center 200 Operating Supplies Park Maintenance 200 Dues & Subscriptions Community Development Admin. 200 Operating Supplies Day Care 196 Landscape Materials/Supp Park Maintenance 189 Training Supplies Fitness Center 189 Operating Supplies Fire 189 Operating Supplies Fire 178 Operating Supplies Gymnasium (CC) 177 Operating Supplies Volunteers 175 Prepaid Expenses General Fund 175 Prepaid Expenses General Fund 175 Clothing & Uniforms Facilities Staff 175 Training Supplies Fire 174 Operating Supplies New Adaptive 168 Operating Supplies Community Center Admin 159 Operating Supplies Fire 159 Operating Supplies Fire 150 Computers IT Operating 149 Operating Supplies Pool Operations 143 Miscellaneous Internal Events 143 Operating Supplies Pool Operations 141 Signs Water Capital 140 Repair & Maint. Supplies Facilities Staff 139 Operating Supplies Arts Center 131 Operating Supplies Fitness Classes 130 Training Supplies Fire 129 Operating Supplies IT Operating 128 Conference/Training Pool Operations 120 Small Tools Park Maintenance 119 Dues & Subscriptions Communications 119 Clothing & Uniforms Police Sworn 117 Equipment Parts Fleet Operating 115 Conference/Training Park Maintenance 115 Operating Supplies Fitness Classes 111 Operating Supplies New Adaptive 107 Operating Supplies Fitness Classes 106 Small Tools Fire Amount Account Description Business Unit 103 Repair & Maint. Supplies City Center - CAM 102 Travel Expense Police Sworn 102 Travel Expense Police Sworn 102 Travel Expense Police Sworn 102 Travel Expense Police Sworn 102 Equipment Repair & Maint Police Sworn 100 Licenses, Taxes, Fees Fitness Classes 99 Clothing & Uniforms Fire 98 Equipment Parts Fleet Operating 98 Training Fire 97 Miscellaneous Communications 96 Repair & Maint. Supplies Miller Park 96 Conference/Training Pool Operations 96 Repair & Maint. Supplies City Center - CAM 91 Training Supplies Police Sworn 90 Operating Supplies Pool Operations 89 Equipment Repair & Maint Fire 89 Operating Supplies Arts Center 88 Operating Supplies Fitness Classes 86 Operating Supplies IT Operating 84 Repair & Maint. Supplies Utility Operations - General 82 Training Supplies Fire 80 Operating Supplies Fire 79 Operating Supplies Pool Operations 77 Repair & Maint. Supplies City Center - CAM 75 Equipment Repair & Maint Park Maintenance 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Conference/Training Finance 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Conference/Training Tree Disease 75 Operating Supplies IT Operating 74 Conference/Training Community Center Admin 74 Miscellaneous Internal Events 74 Operating Supplies Police Sworn 72 Training Supplies Pool Operations 72 Operating Supplies Outdoor Center 71 Operating Supplies Police Sworn 71 Training Supplies Fire 71 Deposits General Fund 71 Deposits General Fund 70 Operating Supplies Community Center Admin 70 Other Contracted Services Organizational Services 70 Repair & Maint. Supplies Ice Arena Maintenance 69 Operating Supplies Athletic Programs Admin 68 Operating Supplies Fitness Center 67 Deposits General Fund 67 Deposits General Fund 65 Training Supplies Pool Operations 64 Operating Supplies Outdoor Center 63 Operating Supplies Gymnasium (CC) 60 Operating Supplies IT Operating 59 Operating Supplies Pool Operations 58 Merchandise for Resale Concessions 58 Operating Supplies New Adaptive 57 Operating Supplies Outdoor Center Amount Account Description Business Unit 57 Operating Supplies Arts Center 56 Retention Program Community Center Admin 56 Dues & Subscriptions Community Development Admin. 55 Process Control Equipment IT Operating 55 Advertising Theatre Initiative 54 Miscellaneous Senior Center Admin 54 Operating Supplies Senior Center Programs 54 Conference/Training Prairie View Liquor Store 52 Operating Supplies Pool Operations 51 Training Supplies Fire 50 Tuition Reimbursement/School Park Maintenance 50 Training Fire 50 Dues & Subscriptions Human Resources 50 Operating Supplies Ice Show 50 Conference/Training Pool Operations 50 Equipment Repair & Maint Street Maintenance 49 Merchandise for Resale Concessions 49 Operating Supplies Fitness Center 48 Operating Supplies Day Care 47 Office Supplies Police Sworn 47 Operating Supplies Pool Operations 46 Operating Supplies Pool Operations 45 Conference/Training Engineering 44 Operating Supplies Fitness Classes 43 Operating Supplies Fitness Center 43 Operating Supplies Arts Center 43 Operating Supplies Fitness Classes 42 Operating Supplies New Adaptive 41 Operating Supplies Outdoor Center 40 Conference/Training Pool Operations 40 Conference/Training Fitness Classes 39 Operating Supplies Arts Center 36 Conference/Training Prairie View Liquor Store 34 Operating Supplies Outdoor Center 32 Training Supplies Fire 32 Training Supplies Fire 32 Merchandise for Resale Concessions 32 Operating Supplies Pool Operations 32 Operating Supplies Pool Operations 32 Operating Supplies Arts Center 30 Conference/Training Economic Development 29 Miscellaneous Internal Events 29 Operating Supplies Pool Operations 29 Operating Supplies New Adaptive 28 Licenses, Taxes, Fees Park Maintenance 28 Operating Supplies Senior Center Programs 28 Operating Supplies Fitness Admin. 28 Training Supplies Prairie View Liquor Store 27 Repair & Maint. Supplies Utility Operations - General 27 Other Rentals Winter Theatre 27 Computers IT Operating 26 Clothing & Uniforms Winter Theatre 26 Training Supplies Pool Operations 25 Employee Award Internal Events 25 Computers IT Operating 24 Operating Supplies Arts Center 24 Operating Supplies Day Care Amount Account Description Business Unit 23 Operating Supplies Arts Center 22 Office Supplies Police Sworn 20 Motor Fuels Fleet Operating 20 Special Event Fees Senior Center Programs 20 Advertising Theatre Initiative 20 Employee Award Organizational Services 20 Bank and Service Charges Inspections-Administration 18 Operating Supplies Arts Center 18 Operating Supplies Winter Theatre 18 Operating Supplies Arts Center 17 Repair & Maint. Supplies Water Treatment 17 Operating Supplies Police Sworn 17 Operating Supplies New Adaptive 17 Operating Supplies Outdoor Center 16 Office Supplies Housing and Community Service 15 Operating Supplies Tree Disease 15 Advertising Theatre Initiative 15 Advertising Theatre Initiative 15 Miscellaneous IT Operating 15 Special Event Fees Senior Center Programs 14 Equipment Repair & Maint Senior Center Programs 14 Operating Supplies Volunteers 14 Office Supplies Police Sworn 14 Operating Supplies Pool Operations 14 Clothing & Uniforms Winter Theatre 14 Operating Supplies Pool Operations 14 Repair & Maint. Supplies Water Treatment 13 Operating Supplies Police Sworn 12 Operating Supplies Arts Center 12 Operating Supplies Police Sworn 11 Operating Supplies Fire 10 Operating Supplies Outdoor Center 10 Conference/Training Human Resources 10 Operating Supplies Pool Operations 10 Training Fire 10 Operating Supplies Fitness Admin. 10 Operating Supplies Police Sworn 9 Training Supplies Fire 8 Operating Supplies Senior Center Admin 8 Dues & Subscriptions Police Sworn 7 Operating Supplies Arts Center 7 Special Event Fees Senior Center Programs 6 Repair & Maint. Supplies Ice Arena Maintenance 6 Operating Supplies Fitness Admin. 6 Equipment Parts Fleet Operating 6 Training Supplies Fire 6 Operating Supplies Pool Operations 6 Operating Supplies Theatre Initiative 5 Clothing & Uniforms Winter Theatre 5 Licenses, Taxes, Fees Fleet Operating 4 Licenses, Taxes, Fees Fleet Operating 4 Operating Supplies New Adaptive 2 Bank and Service Charges Customer Service -5 Operating Supplies Special Events Admin -15 Operating Supplies Winter Theatre -20 Operating Supplies Pool Operations -20 Operating Supplies Pool Operations Amount Account Description Business Unit -28 Operating Supplies Outdoor Center -71 Operating Supplies Pool Operations -76 Operating Supplies Pool Operations -107 Capital Under $25,000 Fitness Center -120 Conference/Training Police Sworn -125 Clothing & Uniforms Fleet Operating -475 Conference/Training City Council -509 Operating Supplies Community Center Admin -560 Conference/Training City Council -596 Equipment Parts Fleet Operating -695 Tuition Reimbursement/School Police Sworn -715 Deposits General Fund -4,656 Other Revenue General Fund 62,675 Report Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: January 18, 2022 DEPARTMENT / DIVISION: Scott Geber, Chief Fire Department ITEM DESCRIPTION: First reading of an ordinance amending City Code Sections 5.72 and 9.11 relating to Rental Housing ITEM NO.: XI.A. Requested Action Move to: Approve first reading of an ordinance amending City Code Chapter 5, Section 5.72 relating to Licensing of Rental Housing and City Code Chapter 9, Section 9.11, relating to Rental Housing Synopsis This ordinance amends City Code Sections 5.72 and 9.11, which relate to the licensing of rental housing in the City and the minimum building and maintenance standards that rental housing must meet. Background In 2006, the City Council adopted City Code Section 5.72, which implements a licensing scheme for rental housing in the City. Section 5.72 requires any dwelling containing one or more units for rent to obtain a license from the City and comply with certain maintenance standards, which are found in state law and City Code Section 9.11. The Eden Prairie Fire Department is responsible for the licensing and inspection of rental housing in accordance with these Code sections. The proposed ordinance makes mainly procedural amendments to Section 5.72 to clarify the process for application, renewal, and suspension or revocation of a rental license. These new procedural provisions are consistent with revisions made in recent years to other licensing sections found in Chapter 5. The revisions will provide clarity and consistency both for staff in administering the licensing requirements and for prospective and current license applicants. The ordinance also specifies that Section 5.72’s licensing requirement applies to both long-term rentals (30 or more days) and short-term rentals (less than 30 days). The proposed ordinance also amends Section 9.11, which contains minimum building and maintenance standards for rental housing. Among other minor, non-substantive revisions, the ordinance: (1) deletes apartment buildings from the types of rental dwellings that are subject to its requirements, as hotels are inspected and licensed by the state and not the City; (2) deletes or amends certain specific building and maintenance requirements to align with current practices and standards; and (3) clarifies the enforcement and appeal process. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING AND CITY CODE CHAPTER 9, SECTION 9.11, RELATING TO RENTAL HOUSING; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 5, Section 5.72 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 5.72. LICENSING OF RENTAL HOUSING. Subd. 1. Purpose. It is the purpose of this ordinance to protect the public health, safety, and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the City. Subd. 2. Definitions. Administrative Authority means the Fire Chief, Building Official, or their designee. Dwelling means any building which is designed or used exclusively for residential purposes by one (1) or more people, not including hotels, motels, hospitals, nursing homes, or licensed care facilities. Dwelling Unit means single unit situated within a rental dwelling providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Operate means to charge a rental charge or other form of compensation for the use of a dwelling unit in a dwelling. Rental Dwelling means any dwelling with one or more dwelling units or sleeping units used or intended to be used for short-term or long-term rental. Long Term means thirty (30) or more days. Short Term means less than thirty (30) days. Sleeping Unit means a habitable space in a dwelling designed, used, or intended to be used or occupied for sleeping purposes only. Subd. 3. License Required. No person may operate a short-term or long-term rental dwelling within the City without first having obtained a license from the City pursuant to this section. Subd. 4. License Applications. A. Application. Applications for licenses must be completed on forms provided by the City. All questions asked or information required by the application forms must be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. License Fee. Upon submission of the application, applicants for a license under this section must pay a license fee to the City in an amount fixed and determined by the Council, which amount may be amended by the Council from time to time. D. Inspection of Rental Dwelling. No license will be issued under this section until the Administrative Authority has performed an inspection of the rental dwelling proposed to be licensed and confirmed that the rental dwelling is in compliance with the requirements of Section 9.11, State Building and Fire Codes, and all other applicable provisions of the City Code and state law. Failure of an applicant to allow an inspection is grounds for denial of a license. If the Administrative Authority determines, in his or her sole discretion, that an inspection before license issuance is not feasible, the license will be issued upon the condition that the inspection occur and compliance confirmed within a specified timeframe after issuance. E. Issuance of License. After the information on the application has been verified to be correct and the inspection completed and compliance confirmed pursuant to subsection D above, the Administrative Authority will endorse the application for issuance or denial. 1. Issuance. Upon the Administrative Authority’s endorsement of their approval of an application, the City will issue and mail a license certificate to the applicant at the address noted on the application. 2. Denial. The Administrative Authority may deny a license for failure to allow an inspection or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 7. A denial of an application will be communicated in writing to the applicant, including findings supporting the decision. The notice of denial will be sent by email and U.S. mail to the applicant at the address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Administrative Authority within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Administrative Authority within ten (10) days of the date contained in the notice, the applicant's right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 7.B.2 and 7.B.3 of this section. F. Term of License. Licenses issued under this section will expire on January 31 of each year. G. Renewal of License. A license must be renewed annually prior to the expiration date. The owner of a rental dwelling or its operator or agent may apply for renewal by completing the form provided by the City and returning the completed form by the date specified on the form together with the required license fee to the Administrative Authority. After the information on the renewal application has been verified as correct by the City, a renewal application for a license under this section will be presented to the Administrative Authority for issuance or denial in accordance with the procedures set forth in subsection E above. H. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 5. Conditions, Restrictions, and Regulations. A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Posting. Every licensee of a rental dwelling shall place the license in a protected covering and conspicuously post the license in a public corridor, hallway, or lobby of the rental dwelling for which the license was issued. C. Maintenance Standards. Every rental dwelling must maintain the standards specified in City Code Section 9.11 in addition to any other requirements of the City Code, special permits issued by the City, or the laws of the State of Minnesota. D. Inspections. Each licensed rental dwelling is at all times subject to the Administrative Authority’s right to inspect the affected rental dwelling pursuant to City Code Section 9.11. Subd. 6. Conduct on Licensed Premises; Disorderly Use Violations. A. It is the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is deemed to be disorderly (hereinafter referred to as a "Disorderly Use Violation"). Any violation of the following statues or ordinances is a Disorderly Use Violation under this section: 1. Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling; 2. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and acts relating thereto; 3. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; 4. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages; 5. Minnesota Statutes, Section 609.72, and Chapter 9, Section 9.30 of this Code, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; 6. Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716 which prohibit the unlawful possession, transportation, sale or use of a weapon. B. Upon determination by the Administrative Authority, in their sole discretion, that a Disorderly Use Violation occurred on the licensed premises the City will notify the licensee by regular mail of the violation at the licensee’s most recent address on file with the City. The licensee must take appropriate action to prevent further violations. C. If a second Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months of an incident for which the notice in Subdivision 6.B above was given, the City will notify the licensee by regular mail of the violation at the licensee’s most recent address on file with the City and require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent disorderly use of the premises. This written report must be submitted to the City within ten (10) business days of the date of the notice. D. If a third Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the second of any two (2) previous Disorderly Use Violations for which notices were sent to the licensee pursuant to this subdivision, the license for the rental dwelling or for the unit associated with the violations may be suspended pursuant to the process described subdivision 7 of this section. The initial suspension may be for up to sixty (60) days. If another Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the end of a suspension period, the City may suspend the rental dwelling license for the unit occupied by the involved tenant for up to one hundred twenty (120) days. E. It will not be considered Disorderly Use Violation if the tenant is evicted or voluntarily vacates the licensed premises within two (2) full calendar months after the determination by the Administrative Authority that disorderly use has occurred and notice of the determination has been sent to the licensee. F. If the license of more than one rental dwelling unit in a dwelling that contains more than one dwelling unit is suspended within twelve (12) months for Disorderly Use Violations as described above, the period of suspension as described in subsection D above for the second and subsequent dwelling units that are suspended may be doubled. Subd. 7. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Failure to comply with this section, other City ordinances, or state law; 3. Failure to permit an inspection of the rental dwelling as required by this section. 4. Disorderly Use Violations as described in and in accordance with the provisions of subdivision 6 of this section. B. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Administrative Authority to the licensee and an opportunity for a hearing. The notice will state the nature of the violation(s) or grounds for suspension or revocation and will inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address of the licensee on file with the City. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Administrative Authority will provide written notice to the licensee of the date, time, and place of the hearing. The notice will be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing will held by an impartial hearing officer appointed by the Fire Chief or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the license application or suspension or revocation of the license, they must include in the written recommendation findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager will make a decision on whether the license shall be denied, renewal, suspended or revoked. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager. C. Upon suspension of a license, the occupants of the rental dwelling under suspension must vacate the premises until the license is reinstated by the City. It is the responsibility of the licensee to provide accommodations until such a time that the license is reinstated upon the terms and conditions specified by the City. Subd. 8. Summary Action. When the Administrative Authority determines, in their sole discretion, that the condition of a licensed rental dwelling or any portion thereof is detrimental to the public health, safety and general welfare so as to constitute a public nuisance, fire hazard, or other unsafe or dangerous condition giving rise to an emergency, the Administrative Authority may summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Administrative Authority to summarily condemn or close off a rental dwelling as described above may appeal such decision by sending a written hearing request to the Administrative Authority. The appeal will be heard and considered in accordance with the process described in subdivision 7 of this section, provided that the City will make every effort to expedite the process if possible. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor. Section 2. Chapter 9, Section 9.11 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 9.11. RENTAL HOUSING. Subd. 1. Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. Subd. 2. Scope. The provisions of this section shall apply to all rental buildings. Where any building or portion thereof is used or intended to be used as a combination apartment house- hotel, the provisions of this section shall apply to the separate portions as if they were separate buildings. Subd. 3. Enforcement. A. Authority. The Administrative Authority is hereby authorized and directed to enforce all of the provisions of this section. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever the Administrative Authority or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Administrative Authority or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Authority by this section. If such building or premises is occupied, the Administrative Authority or representative shall first present proper credentials and request entry; if such building or premises is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Administrative Authority or representative shall have recourse to every remedy provided by law to secure entry. C. Substandard Buildings. All rental buildings or portions thereof which are determined to be substandard as defined in this section constitute a violation of this section and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Subdivision 10 of this section. D. Modifications. Whenever there are practical difficulties involved in carrying out the provision of this section, the Administrative Authority may grant modifications for individual cases, provided that the modification is in conformity with the intent and purpose of this section and that such modification does not reduce the level of any fire-protection requirements or structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the Administrative Authority. E. Building Code Board of Appeals. Appeals of orders, decisions or determinations made by the Administrative Authority relative to the application and interpretation of this section shall be heard and decided by the Building Code Board of Appeals. The procedures for review or appeal shall be those set forth in Subdivision 12 of this section. F. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, rent or let to another, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this section. Subd. 4. Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Uniform Building Code. Administrative Authority is the Fire Chief, the Fire Code Official, or their designees. Apartment house is any rental building which is intended or designed to be occupied or which is occupied as the home or residence of three (3) or more families living independently in separate dwelling units . Building Code is the Minnesota State Building Code adopted by the City under City Code Section 9.05. Dwelling is any rental building that is a single-family home or a duplex. Dwelling unit is a single unit situated within a rental building providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Efficiency dwelling unit is a dwelling unit containing only one (1) habitable room and meeting the requirements of Section 1207 of the Building Code. Family is an individual or two (2) or more persons related by blood, marriage or adoption, including foster children and bona fide domestic employees employed on a full-time basis. Guest room is a habitable space in a rental building designed or intended to be used or occupied or which is used for sleeping purposes by guests. Habitable space is a space or room in a rental building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Hot water is water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. Rental building is any building or structure or portion thereof used, designed, or intended to be used for human habitation and for which use the owner receives, is entitled to receive or will receive consideration in the form of money, goods, labor, or otherwise. Consideration does not include compensation received by a family member from another family member living in the same dwelling unit. Hotels, motels, and dormitories are not rental buildings for purposes of this section. Subd. 5. Space and Occupancy Standards. A. Light and Ventilation. 1. Each habitable space in a rental building shall be provided with: a. Natural light by means of exterior glazed openings with an area not less than one- tenth (⅒) of the floor area of such rooms with a minimum of ten (10) square feet, and b. Natural ventilation by means of openable exterior openings with an area of not less than one-twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet. 2. Bathrooms, toilet compartments, laundry rooms and similar rooms within a rental building shall be provided with natural ventilation by means of openable exterior openings having an area not less than one-twentieth (1/20) of the floor area of such rooms with a minimum of one and one-half (1½) square feet. 3. Exterior glazed openings required for natural light and exterior openings required for ventilation shall open directly to the outside. Windows may open into a roofed porch where the porch: a. Abuts a street, yard, or court; and b. Has a ceiling height of not less than seven (7) feet; and c. Has the longer side at least sixty-five percent (65%) open and unobstructed. 4. For the purpose of determining light and ventilation requirements, any habitable space may be considered as a portion of an adjoining habitable space when one-half (½) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth ( ⅒) of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. 5. Mechanical Ventilation. In lieu of exterior openings for natural ventilation, a mechanical ventilation system connected directly to the outside may be provided in compliance with the following: a. Such system shall be capable of providing two (2) air changes per hour for each room in habitable space. One-fifth (⅕) of the air supply shall be taken from the outside. b. In bathrooms, toilet compartments, laundry rooms and similar rooms, the mechanical ventilation system must be capable of providing five (5) air changes per hour. B. Sanitation. 1. Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house must include a bathroom equipped with facilities consisting of a toilet, sink, and either a bathtub or shower. 2. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted. 3. Fixtures. All plumbing fixtures in rental buildings shall be connected to a sanitary sewer or to an approved private sewage disposal system. Said plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. Said plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. 4. Room Separations. Every toilet, bathtub or shower required by this section shall be installed in a room which will afford privacy to the occupant. A room in which a toilet is located shall be separated from food preparation or storage rooms by a tight-fitting door. 5. Waste Disposal. Each rental building shall be provided with adequate access to disposal facilities for trash and other waste. 6. Premises Identification. Each rental building shall have approved address numbers, placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background and numbers shall be a minimum of four (4) inches high. C. Owner Responsibilities. 1. Owners of rental buildings shall construct and maintain said buildings in accordance with the requirements of this section. 2. Owners must ensure that their rental buildings are kept in a clean and sanitary condition. 3. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any rental building by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved professional state of maintenance and repair. 4. No person shall let to another for occupancy or occupy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions. Subd. 6. Mechanical Requirements. A. Heating. Each rental building shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight (68) degrees Fahrenheit. in each habitable space at a point three (3) feet above the floor. Said facilities shall be installed and maintained in a functional and safe condition. Heat shall be supplied during the period of September 15 to May 15. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. B. Electrical. Where there is electrical power available within three hundred (300) feet of any rental building, said rental building shall be connected to such electrical power. Every habitable room shall contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one (1) electric light fixture. Every toilet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one (1) electric light fixture. C. Ventilation. Where mechanical ventilation is provided in lieu of the natural ventilation required by Subdivision 6 of this section, such mechanical ventilating system shall be maintained in operation at all times during the occupancy of any rental building or portion thereof. Ventilation systems in parking garages under apartment houses shall be installed in conformance with the Building Code and maintained and operated as installed. The entire ventilation system must be maintained in proper working order at all times. Subd. 7. Building Interior. A. Interior Surfaces. Interior surfaces, including but not limited to windows and doors, must be maintained in good, clean and sanitary condition. Cracked or loose plaster, decayed wood, and other defective surfaces must be corrected. B. Interior Doors. Every interior door shall fit reasonably within its frame and shall be capable of being opened and closed by being properly attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. C. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally applied loads and shall be maintained in good condition in conformance with the code under which it was constructed. D. Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Subd. 8. Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. Every guest room and habitable space intended for use as or used for sleeping shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. Such doors or windows shall be operable from the inside to provide a full, clear opening without the use of separate tools. Subd. 9. Smoke Detectors. Existing Group R occupancies not already equipped with single station smoke alarms shall be equipped with approved single station smoke alarms. Smoke detectors shall be installed on each floor of residential buildings in accordance with the City’s Fire Prevention Policy. Smoke Alarms shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. Subd. 10. Substandard Buildings. A. General. Any rental building or portion thereof, including any dwelling unit, guest room or suite of rooms, common area, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard rental building in violation of this section. B. Inadequate Light and Ventilation. Inadequate light and ventilation includes but is not limited to the following: 1. Lack of, or improper operation of, required ventilating equipment in a rental building. 2. Lack of minimum amounts of natural light and ventilation required by this section. 3. Lack of required electrical lighting in a rental building. C. Inadequate Sanitation. Inadequate sanitation includes, but is not limited to the following: 1. Lack of, or non-functioning, toilet, sink, bathtub or shower in the bathroom of a dwelling unit or lodging house. 2. Lack of, or non-functioning, kitchen sink in a dwelling unit. 3. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 4. Lack of adequate heating facilities in a rental building. 5. Lack of connection to required sewage disposal system. 6. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Administrative Authority. D. Structural Hazards. Structural hazards include, but are not limited to, the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to safely carry imposed loads. 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to safely carry imposed loads. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to safely carry imposed loads. 8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration. 9. Fireplaces or chimneys that are of insufficient size or strength to safely carry imposed loads. E. Hazardous Electrical Wiring. Electrical wiring hazards include, but are not limited to, electrical wiring that was installed in violation of laws in effect at the time of installation; electrical wiring not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or electrical wiring that has not been maintained in good condition or that is not being used in a safe manner. F. Hazardous Plumbing. Hazardous plumbing includes, but is not limited to, plumbing that was installed in violation of laws in effect at the time of installation; plumbing not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or plumbing that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures. G. Hazardous Mechanical Equipment. Hazardous mechanical equipment includes, but is not limited to, mechanical equipment that does not comply with the mechanical requirements of this section; mechanical equipment that was installed in violation of laws in effect at the time of installation; mechanical equipment not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or mechanical equipment that has not been maintained in good and safe condition. H. Faulty Weather Protection. Faulty weather protection includes, but is not limited to the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. I. Faulty Materials of Construction. Faulty materials or construction include, but are not limited to, all materials of construction except those that are specifically allowed or approved under the applicable laws and that have been adequately maintained in good and safe condition. J. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Subd. 11. Notices and Orders of Administrative Authority. A. Notice. Whenever the Administrative Authority determines that a rental building is a substandard building, or that any other violation exists under this section, or that there are reasonable grounds to believe that a violation exists, notice shall be given to the person or persons responsible or believed to be responsible for the violation. Such notice shall: 1. Be in writing. 2. Include a description of the property sufficient for identification. 3. Describe the conditions found to constitute the violation. 4. Specify the remedial action required. 5. Require that any permits necessary to effectuate remedial action be secured and the work physically commenced and completed within such time as the Administrative Authority determines is reasonable under the circumstances. B. Emergency Orders. Whenever the Administrative Authority finds that an emergency exists in relation to the enforcement of the provisions of this section which requires immediate action to protect the health, safety or welfare of occupants of any rental building, the Administrative Authority may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this section. When any such emergency is declared to exist, the Administrative Authority must immediately report the same in writing to the City Council. Subd. 12. Appeal. A. Right to Appeal. Any person to whom a notice and order is given under this section may appeal the notice and order to the Building Code Board of Appeals. B. Procedure. Appeal shall be made to the Administrative Authority within fifteen (15) days after the notice and order is served. The appeal shall be made in writing and contain a brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the Administrative Authority shall fix a date, time and place for hearing of the appeal by the Building Code Board of Appeals. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing and administrative adjudication of the notice and order or to any portion thereof. Subd. 13. Enforcement of the Order of the Administrative Authority or the Building Code Board of Appeals. A. Compliance. After any order of the building official or Building Code Board of Appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. B. Failure to Obey Order. If, after any order of the Administrative Authority or Building Code Board of Appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Administrative Authority may (1) cause such person to be prosecuted under subsection A of this subdivision 13 or (2) commence an appropriate action in district court. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 5.99 entitled “Violation a Misdemeanor,” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _______________, 2022. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on____________________________. CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: January 18, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Round Lake Park Building Update ITEM NO.: XIV.D.1. Requested Action No action required. Synopsis Parks and Recreation Director Jay Lotthammer will update the council on the current design, anticipated costs, next steps, and timeline for the project.