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Home My WebLink AboutCity Council - 10/01/2019 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 1, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Kyle Salage Workshop - Heritage Rooms I and II (5:30) I. FORESTRY UPDATE II. FACILITY RENTAL POLICY MODIFICATIONS Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT Forestry Update City Council Workshop October 1, 2019 Shade Tree Pest Control The City has identified three major pests that we attempt to control through City Code Section 9.70: Dutch Elm Disease Oak Wilt Emerald Ash Borer Oak Wilt and DED Total Number of Trees with Oak Wilt 2017 –25 2018 –10 2019 –105 Total Number of Trees with DED 2017 –530 2018 –212 2019 –73 Emerald Ash Borer Discovered in Michigan in 2002 First Discovered in MN in 2009 First Found in Eden Prairie in 2017 EAB Management Plan Ash Preservation Through Chemical Treatment Proactive Removal and Replacement of Ash Trees Public Outreach and Education Ash Tree Inventory 906 Ash trees within maintained areas of City Parks 1295 Ash trees within City ROW 963 Ash trees located in unmaintained areas adjacent to City trails Confirmed EAB Infestations •Have confirmed additional EAB infestations in eastern Eden Prairie •Will begin EAB inspections this fall Treatments for EAB 2017 2018 2019 Public 0 361 370 Private 440 1626 ??? Annual Total 440 1987 ??? *Residents of Eden Prairie participated in Rainbow Treecare’s municipal program at almost twice the rate of their average participation. Pre-emptive Removals Some ash trees to be removed prior to dying from EAB to manage costs, aesthetics, and workloads. Without pre-emptive removals, in year 7-8 of infestation about 1400 (68%) ash would need to be removed Removing approximately 260 trees/year for next 7 years Leaving approximately 300 trees in place to succumb to EAB, then remove Will be additional tree removals in conservation areas Year Est. # ash to remove/yr 1 14 2 21 3 42 4 85 5 169 6 338 7 676 8 779 Total 2,125 Maintained Public Property No Pre-emptive Removals Replacement of Removed Ash Trees Proposing to plant 1.5 trees for each tree removed Planting locations will be focused in parks and arterial/collector streets Programs to encourage replanting on private property Tree sale and giveaway City-wide planting contract Replacement of Removed Ash Trees A total of 345 trees planted on public property in 2018 and 411 planted in 2019 Public Education and Outreach Eden Prairie has an estimated 50,000 ash trees in maintained areas Ash 14% of all maintained trees Promote proper treatment on private property Maintain treatment contract option for residents Keep City’s website updated with management options and treatment recommendations Targeted mailings and social media posts to neighborhoods with higher densities of ash tree population Provide educational materials and sessions at City events Funding Sources Hennepin County Grant $30,521 in 2018 for the purchase of trees and equipment DNR Grant Assists communities in managing ash for EAB on public land Tree Fund Option for developments to pay into if they cannot meet tree replacement requirement on the project site Questions? Proposed Modifications to Policy for Community Use of Parks and Recreation Rental Facilities City Council Workshop October 1, 2019 Rental Facilities Policy Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on: February 12, 2008 March 4, 2008 November 17, 2009 February 5, 2013 April 5, 2016 Concern #1 -High Volume of Cancellations Experiencing a high volume of Cancellations resulting in unused times for previously requested dates Over $13,000 in refunds issued 68 Cancellations in 2019 (as of mid Sept) Remedy -High Volume of Cancellations Remedy: Modify Cancellation Policy Current Refund Policy reads: The City reserves the right to cancel any reservations. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. Remedy -High Volume of Cancellations Proposed Refund Change Riley Barn: More than 120 days out, charge one hour of rental fee (refund the rest). 90-119 days out, charge 2 hours of rental fee. 61-89 days out, charge 4 hours of rental fee. 60 days or less, no refund. EPCC & other Park Facilities: More than 30 days out, charge one hour of rental fee (refund the rest). 30 days or less, no refund. Senior Center: More than 10 days out, charge one hour of rental fee (refund the rest). 10 or less, no refund. *based upon substantial research from surrounding communities Concern #2: 5K Walks & Runs “The intent of this policy is to promote regular and active use of the facilities…Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities.” To benefit Eden Prairie non-profits Safeguard consistent access to the parks for Eden Prairie residents Concern –Amount and Overtaking of the Park Purgatory Running Room –(St. Paul based, not a non-profit Donut Dash Eagle Ridge Academy (moved from EP to Mtka.) Brighter Days Grief Center Randy’s Run Stop the Trafficking Emerson -United Way Event Optimist Club Huntington ’s disease (not EP based) Prairie Lutheran Church Raksha Walk –Shreya Dixit Foundation Vikas Garg (resident, personal event) DFL 48 Dylann’s Dash –(based out of St. Bonifacius) Duct Tape 5K Destination Imagination (not EP based) Brighter Days Grief Center Resource Fair *50 Total rentals at Purgatory Creek Park from May –August 2019 Concern –Amount and Overtaking of the Park Staring Secondhand Hounds Donuts for Dogs (was EP but moved to Minnetonka) Prairie Lutheran Church Worship Service Star Legacy WIPRO (Decided not to hold it this year) Remedy –Enforcement of Policy & Purgatory Creek Only Enforce Eden Prairie Non-Profits Only No more than 2 walk/run’s per month at Purgatory only Previous 5K’s that would no longer qualify: Running Room (St. Paul based, not a non-profit) Donut Dash Eagle Ridge Academy (moved from EP to Mtka.) Huntington ’s disease (not EP based) Vikas Garg (resident, personal event) Dylann’s Dash –(based out of St. Bonifacius) Duct Tape 5K Destination Imagination (not EP based) Secondhand Hounds Donuts for Dogs (was EP but moved to Minnetonka) Next Steps October 7 –Review with Parks, Recreation and Natural Resources Commission October 15 –Request Council Approval Questions? POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES UPDATED – April 5, 2016 City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. 1. Rental Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie’s City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. Group 1: Eden Prairie Civic/Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie–based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City (as in the case of Eden Prairie Homeowner/ Townhome Associations). Group 2: Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. (Documented proof may be requested) Group 3: Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota’s federal and state representatives and political groups (League of Women Voters, Town Hall meetings, political conventions, etc.). (Limited to rentals at Eden Prairie Community Center and Senior Center) Policy – Community Use of Parks & Recreation Rental Facilities Page 2 of 13 NOTE: Eden Prairie residents and businesses may NOT make reservations for non- Eden Prairie based residents and businesses under the Group 2 rate. 2. Rental Facilities Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Prairie View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Community Center - ice arenas, racquetball courts, swimming pool, meeting rooms, gym, play structure, dry land training areas, and play structure. Senior Center - community room and meeting rooms Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis and pickleball courts. These park amenities are available on a first-come, first-served basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document “Guidelines for Priority Use of Public Facilities” for rental details. Trail System - for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets, unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, at the discretion of the Parks and Recreation Director. Non-Typical Park Locations – such as, but not limited to, parking lots, sun shelters, picnic areas, open fields, dog parks, disc golf, hockey rinks in the summer, splash pad, archery range, skate park, etc. These locations cannot be rented for exclusive use. See Large Group Use. 3. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily; with the exception of Miller and Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental use beyond these hours requires the approval of the Parks and Recreation Director. Policy – Community Use of Parks & Recreation Rental Facilities Page 3 of 13 The Community Center is open from 5:30 a.m. to 10 p.m., daily during the school year; summer hours may vary. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only, unless using the upper level of Homeward Hills Park Barn. 4. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields, tennis courts, playground, public bathrooms, etc.). Eden Prairie City Government Group meetings, events, and activities have priority. All other rental scheduling will be on a first-come, first-served basis; with special reservation guidelines pertaining to walks and/or runs. Non-resident groups may rent at the Community Center and Senior Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 14 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rentals are subject to maximum group size and availability. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director’s discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Policy – Community Use of Parks & Recreation Rental Facilities Page 4 of 13 Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. 5. Scheduling A. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler. Reservations will be accepted in the first week of January; with the exceptions of Homeward Hills Park Barn and Riley Lake Barn (refer to C and D). B. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Warming House Scheduler. C. Homeward Hills Park Barn Groups or individuals desiring to use the Homeward Hills Park Barn shall make arrangements through the Park Facility Scheduler. The Homeward Hills Park Barn is available for rental year-round. During public ice skating, rentals may occur in the upper level. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of January April - October August 1 November – March of following year D. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day in November for the following year. Policy – Community Use of Parks & Recreation Rental Facilities Page 5 of 13 E. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center facility scheduler. See Community Center Rental Guidelines for rental details. F. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a two week advance notice. The Senior Center may be scheduled three months in advance. G. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document “Guidelines for Priority Use of Public Facilities” for rental details. H. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 2 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 1 and 2 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway or park facility, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Park Facility Scheduler prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. 6. Rental Fee The rental fee is required for all chargeable rentals. Reservations are confirmed only when full payment is made. 7. Damage Deposit An appropriate damage deposit, in addition to the rental fee, may be required. The damage deposit is required at the same time the rental fee check is submitted. This Policy – Community Use of Parks & Recreation Rental Facilities Page 6 of 13 deposit shall be destroyed within one (1) week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. 8. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive cleanup, unusual setup, excess electricity, and/or damages associated with the user’s program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups may be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City’s Sound Technician to operate the City’s sound system and/or the user group’s sound system. The City’s Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. 9. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (such as: additional parking, transportation to the site, additional toilets, additional police officers or security measures). Policy – Community Use of Parks & Recreation Rental Facilities Page 7 of 13 A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. 10. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. 11. Liability and Damage Rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user’s program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. 12. Regulations Violations of this Policy may result in forfeiture of a user’s damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are expected to have respect for each other’s space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. Policy – Community Use of Parks & Recreation Rental Facilities Page 8 of 13 A. Supervision Youth using facilities must be under competent adult (minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group’s conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten (10) or fewer youths under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff. If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center and non-regular hours of the Community Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a park attendant will meet the renter at the specified rental beginning time and will come back at the specified ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. B. Park Pavilion/Building Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning, is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. Policy – Community Use of Parks & Recreation Rental Facilities Page 9 of 13 C. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. D. Admission Fee User groups are not allowed to charge an admission fee without the approval of the City Council. See Section XV., of this Policy. E. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups. F. Animals Rental groups are not permitted to have non-domesticated animals, including, but not limited to horses, on City property. G. Fireworks / Open Fires Rental groups are not permitted to have fireworks. Rental groups are not permitted to have fires, fire in fire pits, sky lanterns, sparklers, or any open flame. H. Large Group Use Resident groups with 20 or more are required to have a rental of a facility or a large group use permit before using a park facility. 13. Food Service Food or beverages may not be sold without prior approval. Food sales must comply with the Hennepin County Health Department regulations of having a food service permit. No food or beverage may be left behind at any facility. Policy – Community Use of Parks & Recreation Rental Facilities Page 10 of 13 Where available, kitchens may not be used for commercial use (fundraising). A. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner on a hard, flat surface. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on park/City property. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. B. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. C. Community Center (EPCC) All meals, food and beverages for events and banquets must be contracted through a Community Center pre-approved caterer or through the Community Center concessions. Groups may be able to bring outside snacks or beverages upon receiving pre-approval from the Community Center. No on-site preparation allowed. No freezer or refrigeration available. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 14. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Policy – Community Use of Parks & Recreation Rental Facilities Page 11 of 13 Alcoholic beverages may be given by a host to the host’s guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair, by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. City Staff reserves the right require a police officer on site at the event. 15. Fundraising Groups 1 and 2 may conduct fundraising activities at City facilities. Fundraising activities include, but are not limited to: selling articles on site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set up, maintenance, cleaning and security of the areas utilized for the event. A. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. B. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Policy – Community Use of Parks & Recreation Rental Facilities Page 12 of 13 The walks and/or runs offered by Groups 1 & 2, will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be further limited. Any advertising and/or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to ensure conformance with the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. 16. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painter’s tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons, or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, chalk, or birdseed shall be used in activities or decorating. 17. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Policy – Community Use of Parks & Recreation Rental Facilities Page 13 of 13 Free-standing canopy tents are permitted with prior approval. Stakes cannot be driven into the grounds, so tents must be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents, or other props brought in from other sources will not be stored in City facilities; shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. 18. Amplified Sound Sound Technician The City’s Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City’s Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for equipment set up and take down must be made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City’s Sound Technician to operate the City’s sound system and/or the user group’s sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on: February 12, 2008 March 4, 2008 November 17, 2009 February 5, 2013 April 5, 2016 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 1, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $500 FROM DENTISTS OF EDEN PRAIRIE FOR FALL INTO FITNESS AND FLOATING PUMPKIN PATCH (Resolution) B. ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT OF CONSERVATION EASEMENT OVER LOT 1 BLOCK 1 OF MEADOWCROFT C. APPROVE INDEMINIFICATION AND COOPERATION AGREEMENT REGARDING FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AND ZONING ORDINANCE CITY COUNCIL AGENDA October 1, 2019 Page 2 D. APPROVE THIRD AMENDMENT TO CITY LIQUOR STORE LEASE AT PRAIRIE VIEW MALL LOCATION E. AWARD CONTRACT FOR MAPLE LEAF DRAIN TILE INSTALLATION TO KEVIN CASEY LLC. F. PURCHASE ARMORTEX FIBERGLASS COMPOSITE PANELS AND AWARD CONTRACT FOR COUNCIL CHAMBER DAIS AND FRONT DESK SECURITY UPGRADE TO ADROIT CARPENTRY, INC. G. APPROVE STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH VTI FOR STARING LAKE BUILDING SECURITY IX. PUBLIC HEARINGS / MEETINGS A. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Resolution for Comprehensive Plan Amendment and MUSA Expansion on 1.05 Acres; First Reading of an Ordinance for Zoning District Change on 1.05 Acres (Ordinance for Zoning District Change; Resolution for Comprehensive Plan Amendment) B. INDEMINIFICATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CASTLE RIDGE AND RESOLUTION APPROVING PUBLIC FINANCE AUTHORITY ISSUANCE OF BONDS ON BEHALF OF CASTLE RIDGE CARE CENTER X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA October 1, 2019 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 27, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 1, 2019 ___________________________________________________________________________________________ TUESDAY, OCTOBER 1, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in theCouncil Chamber. If you wish to speak at Open Podium, please contact the CityManager’s Office at 952.949.8412 by noon of the meeting date with your name,phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact theCity Manager’s Office. IV.PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $500 FROM DENTISTS OF EDEN PRAIRIE FORFALL INTO FITNESS AND FLOATING PUMPKIN PATCH (Resolution) Synopsis: Jay Lothammer will give a presentation accepting the donations from Dentists of Eden Prairie for the Fall into Fitness and Floating Pumpkin Patch events. MOTION: Move to adopt the Resolution accepting the donation of $500 to be used towards Fall Into Fitness ($250) and Floating Pumpkin Patch ($250) from Dentists of Eden Prairie. B. ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN (Resolution) The Metropolitan Council at its August 28, 2019 meeting authorized The City of Eden Prairie to put Aspire Eden Prairie 2040 into effect and granted approval of the City of Eden Prairie Comprehensive Sewer Plan. As a part of this action, the Metropolitan Council approved the revision of Eden Prairie’s employment forecasts for 2020, 2030, and 2040. City staff has been working with ANNOTATED AGENDA October 1, 2019 Page 2 Metropolitan Council staff throughout the Aspire process advocating for this revision. Metropolitan Council staff also has recommended that the City implement the advisory comments for Surface Water Management and Water Supply. These advisory comments call for the City to: 1. provide the Metropolitan Council with the dates that the three watersheddistricts approved the Local Water Management Plan (LWMP)supplement and the date that the City adopted the final LWMP; and 2.Include the Local Water Supply Plan as an appendix to Aspire. The City will implement these revisions and comments prior to submitting a final copy of Aspire to the Metropolitan Council. MOTION: Move to adopt the Resolution for approval of the Aspire Eden Prairie 2040 comprehensive plan. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI.MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2019 VII.REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII.CONSENT CALENDAR MOTION: Move approval of items A - G on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT OF CONSERVATION EASEMENT OVER LOT 1 BLOCK 1 OF MEADOWCROFT C. APPROVE INDEMINIFICATION AND COOPERATION AGREEMENT REGARDING FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AND ZONING ORDINANCE D. APPROVE THIRD AMENDMENT TO CITY LIQUOR STORE LEASE AT PRAIRIE VIEW MALL LOCATION ANNOTATED AGENDA October 1, 2019 Page 3 E. AWARD CONTRACT FOR MAPLE LEAF DRAIN TILE INSTALLATION TO KEVIN CASEY LLC. F. PURCHASE ARMORTEX FIBERGLASS COMPOSITE PANELS AND AWARD CONTRACT FOR COUNCIL CHAMBER DAIS AND FRONT DESK SECURITY UPGRADE TO ADROIT CARPENTRY, INC. G. APPROVE STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH VTI FOR STARING LAKE BUILDING SECURITY IX.PUBLIC HEARINGS / MEETINGS A. 10197 EDEN PRAIRIE ROAD by Perry Ryan. Resolution for ComprehensivePlan Amendment and MUSA Expansion on 1.05 Acres; First Reading of an Ordinance for Zoning District Change on 1.05 Acres (Ordinance for Zoning District Change; Resolution for Comprehensive Plan Amendment) Synopsis: The applicant is requesting a 2040 Comprehensive Plan amendment from Rural to Low Density Residential, a MUSA extension and a rezoning of the property from Rural to R1-13.5. The 1.05 acre parcel is located at 10197 Eden Prairie Road at the northeast corner of Eden Prairie Road and Flying Cloud Drive. The property is currently undeveloped though it does have a constructed driveway. The property is proposed to be developed as one single family home. Approximately 600 square feet of the property is currently located within the MUSA boundary. The property appears to include steep slopes and significant trees. With the recent improvements to Eden Prairie Road, municipal services will be available to this property. Due to this availability, the applicant is requesting that the Comprehensive Plan be amended to reguide the property as Low Density Residential and extend the MUSA boundary to include the subject property in order to develop the property with a single family home. MOTION: Move to: •Close the Public Hearing; and •Adopt a Resolution for Guide Plan Change from Rural to Low Density Residential and extension of MUSA Boundary on 1.05 acres; and •Approve the 1st reading of the Ordinance for Zoning District Change from Rural to R1-44 on 1.05 acres. B. INDEMINIFICATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CASTLE RIDGE AND RESOLUTION APPROVING PUBLIC FINANCE AUTHORITY ISSUANCE OF BONDS ON BEHALF OF CASTLE RIDGE CARE CENTER Synopsis: An affiliate of Pres Homes, Castle Ridge Care Center, Inc., a Minnesota nonprofit corporation (the “Borrower”), has requested that the Public Finance Authoriity, (PFA) issue its revenue bonds, in one or more series (the ANNOTATED AGENDA October 1, 2019 Page 4 “Bonds”), in a principal amount of approximately $105,000,000, to (i) finance the Project, (ii) pay capitalized of interest on the Bonds, (iii) fund a debt service reserve fund for the Bonds, and (iv) pay certain costs of issuing of the Bonds. Pres Homes has previously engaged PFA as an issuer of revenue bonds to finance the construction and equipping of the first phase of a senior living campus in the City of Apple Valley, and would prefer to use the same financing team (including PFA as the bond issuer) and same forms of documents in order to finance the Project to be located in the City. The Public Finance Authority is a commission organized under the laws of the State of Wisconsin. The City would not be the issuer of the Bonds. Section 147(f) of the Internal Revenue Code (the “Code”) provides that, prior to their issuance, the Bonds are required to be approved by “the ‘applicable elected representative’ of a governmental unit having jurisdiction over the area in which the Project is located, after a public hearing held following reasonable public notice.” Proceeds of the Bonds will be used to finance the acquisition, construction and equipping of a 278-unit continuing care retirement community in Eden Prairie (the Castle Ridge Project”). MOTION: Move to: • Close the public hearing; and • Adopt the Resolution approving the Issuance by the Public Finance Authority of Bonds on Behalf of Castle Ridge Care Center, Inc.; and • Approve the Indemnification Agreement between the City of Eden Prairie and Castle Ridge. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR ANNOTATED AGENDA October 1, 2019 Page 5 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: October 1, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Dentists of Eden Prairie ITEM NO.: IV.A. Requested Action Move to: Adopt the Resolution accepting the donation of $500 to be used towards Fall Into Fitness ($250) and Floating Pumpkin Patch ($250) from Dentists of Eden Prairie. Synopsis Fall into Fitness is the Community Center’s annual Fitness Open House where members and potential members participate in sampler classes of new group fitness offerings, meet personal trainers, tour our state-of-the-art facility, learn about our unique classes for specialty populations (like people with MS or Parkinson’s or cancer survivors). They can also enter a drawing to win great prizes and leave with some giveaways and goodies. New-member enrollment fees are waived for the day, which always results in plenty of new memberships! Floating Pumpkin Patch is for children ages 5 and older with an adult. Swim with the pumpkins in the recreational pool at the Community Center. Once you’ve found your perfect pumpkin, you can decorate and take home. Members and non-members welcome. Children ages 5-7 must have an adult in the pool with them. Older children must have an adult poolside. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used towards Fall Into Fitness ($250) and Floating Pumpkin Patch ($250) from Dentists of Eden Prairie is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 1st day of October, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: October 1, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Aspire Eden Prairie 2040 ITEM NO.: IV.B. Requested Action Move to: Adopt a Resolution to put Aspire Eden Prairie 2040 into effect. Synopsis The Metropolitan Council at its August 28, 2019 meeting authorized The City of Eden Prairie to put Aspire Eden Prairie 2040 into effect and granted approval of the City of Eden Prairie Comprehensive Sewer Plan. As a part of this action, the Metropolitan Council approved the revision of Eden Prairie’s employment forecasts for 2020, 2030, and 2040. City staff has been working with Metropolitan Council staff throughout the Aspire process advocating for this revision. Metropolitan Council staff also has recommended that the City implement the advisory comments for Surface Water Management and Water Supply. These advisory comments call for the City to: 1. provide the Metropolitan Council with the dates that the three watershed districts approved the Local Water Management Plan (LWMP)supplement and the date that the City adopted the final LWMP; and2.Include the Local Water Supply Plan as an appendix to Aspire. The City will implement these revisions and comments prior to submitting a final copy of Aspire to the Metropolitan Council. Background Minnesota statutes require all metropolitan communities to update their comprehensive plans every 10 years. In 2016, the City initiated the process to update its comprehensive plan branded Aspire Eden Prairie 2040. After approximately 18 months of community engagement, field research, review of existing plans and policies, preparation of housing and transportation studies, and review of preliminary drafts, the Aspire plan was prepared and has been prepared and distributed for review by the general public and affected jurisdictions in May 2018. Formal submittal of Aspire Eden Prairie 2040 occurred in late December 2018. Aspire Eden Prairie 2040 includes the following topics: Land Use & Development; Housing & Residential Areas; Economic Competitiveness; Transportation & Accessibility; Community Facilities; Parks & Open Space; Water Resources & Infrastructure; Special Study Areas; and Implementation. Beyond these required elements of the Comprehensive Plan, Aspire Eden Prairie 2040 incorporates local priorities of sustainability, equity and diversity, and community health. Throughout the entire document, call-outs are included covering these topic areas to promote education and best management practices. Attachments Resolution Metropolitan Council Approval Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 2019-__ A RESOLUTION ADOPTING THE ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN UPDATE WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and WHEREAS, the City of Eden Prairie authorized the review and update of its Comprehensive Plan; and WHEREAS, the proposed Aspire Eden Prairie 2040 Comprehensive Plan is a planning tool intended to guide the future growth and development of the City of Eden Prairie in a manner that conforms with metropolitan system plans and complies with the Metropolitan Land Planning Act and other applicable planning statutes; and WHEREAS, the proposed Aspire Eden Prairie 2040 Comprehensive Plan reflect a community planning process conducted in the years 2016 through 2018 involving elected officials, appointed officials, city staff, community organizations, the public at large, developers, and other stakeholders; and WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed 2040 Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on May 30, 2018, and the statutory six-month review and comment period has elapsed; and WHEREAS, the Planning Commission has considered the proposed 2040 Comprehensive Plan and all public comments, and thereafter submitted its recommendations to the City Council; and WHEREAS, on October 16, 2018, the City Council conducted a public hearing(s) on the proposed 2040 Comprehensive Plan; and WHEREAS, the City Council approved Resolution 2018-115 authorizing the proposed 2040 Comprehensive Plan to be submitted to the Metropolitan Council for review; and WHEREAS, at its regular meeting on August 28, 2019, the Metropolitan Council completed its review of the proposed 2040 Comprehensive Plan and found that the Plan meets the requirements of the Metropolitan Land Planning Act; conforms to the metropolitan system plans for transportation (including aviation), water resources, and parks; is consistent with Thrive MSP 2040; and is compatible with the plans of adjacent jurisdictions and affected special districts and school districts; and WHEREAS, the 2040 proposed Comprehensive Plan includes all revisions made during the review process and responds to additional advisory comments that are part of the Metropolitan Council’s actions authorizing the City of Eden Prairie to place its proposed 2040 Comprehensive Plan into effect. NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, that the City of Eden Prairie’s 2040 Comprehensive Plan is adopted and is effective as of the date of this resolution. BE IT FURTHER RESOLVED that, pursuant to sections 473.864 and 473.865 of the Metropolitan Land Planning Act, the City of Eden Prairie will: (1) review its fiscal devices and official controls; (2) if necessary, amend its fiscal devices and official controls to ensure they do not conflict with the 2040 Comprehensive Plan or permit activity in conflict with metropolitan system plans; and (3) submit amendments to fiscal devices or official controls to the Metropolitan Council for “information purposes.” ADOPTED by the City Council of the City of Eden Prairie this 1st day of October, 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 17, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Housing and Community Services Manager Jonathan Stanley, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Housing and Community Services Manager Jonathan Stanley, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, City Attorney Ric Rosow, and Recorder Kyle Salage. GUESTS: Housing Task Force Members Joan Howe-Pullis (Chair), Carol Bomben, Terry Farley, Marlene Fischer, and Joan Palmquist Workshop - Heritage Rooms I and II (5:30) I. HOUSING TASK FORCE Case called the workshop to order at 5:31 p.m. He then led introductions of City Council, City staff, and the Housing Task Force members in attendance. Getschow noted the Task Force has only had four (4) meetings so far, and this presentation is not the end or culmination of their work as an authorized body. Howe-Pullis summarized the current status of the Task Force, what topics it has covered so far, what guests have attended the meetings, and how the members have engaged thus far. She stated the purpose of this presentation will be to give the Council a preliminary recommendation on what the Task Force wishes to have adopted as a formal inclusionary housing policy. Stanley provided an explanation of what an inclusionary housing policy is. He then gave an overview of how the City has incorporated inclusionary housing policy informally as a practice in its more recent negotiation with developers. The Task Force supports adopting a formal policy for both consistency and clear expectations of developers when they come into the City. He then outlined the parameters of inclusionary housing policies been set by neighboring cities, noting Saint Louis Park has a policy closest to what is being recommended. However, he added the request for affordability in perpetuity is not a common policy element. Aho asked for clarification as to whether developers would be required to select at least one of the affordability options, and Stanley confirmed this. Freiberg asked whether the City has looked at the policies of Minnetonka or Chanhassen. Stanley indicated these cities have not been looked at for comparison, but clarified that Minnetonka is only just now starting to work on developing one. Item VI.A. City Council Workshop Minutes September 17, 2019 Page 2 Stanley noted the Task Force recommends the City include the option of an in lieu payment, so as to ensure that all developers are contributing to affordability, whether directly or indirectly. Aho inquired as to how the money from those payments would be used. Stanley indicated the Task Force recommends this money go into an affordable housing land trust, which would need to be established and defined by the City. This definition would state exactly what the funds could go towards. Aho noted the Twin Cities metropolitan area generally has a higher cost of development than Chicago or the state of Wisconsin, primarily because of regulations imposed by the state. Stanley stated a balance between regulation and development opportunity. Case added perhaps the cost of development could be due to the supply of developable land. He requested follow-up in the future on this question of what is driving the cost of development locally. Getschow noted the median home value in the City has surpassed $400,000. Joan stated that the Task Force wants accountability in both the ownership and rental housing realms, which is why affordability requirements have been recommended for both. Nelson noted developers in Edina have consistently paid the in lieu fee, but the City has not gained enough income from these payments to actually make strides towards creating affordability there. Getschow asked for clarification on the Task Force’s reasoning behind the recommendation to have the development size threshold set at ten (10) units. Narayanan suggested perhaps even developments below the threshold should be asked to pay some fee towards the affordable housing land trust, if the City is to be consistent with having all developer contribute in some way. Aho stated it will be very important to set clear parameters for how money in such a trust is used. Naryanan suggested soliciting feedback from residents regarding the concept of in lieu payments and an affordable housing land trust. Getschow noted it is already under considering to bring this discussion to the real estate and development community. Case added cities can inadvertently disincentive development when you tighten the lots of available land. He noted the City did not have an apartment unit built within its limits between 2005 and 2015. Nelson indicated she would prefer the development size threshold to be fifteen (15) rather than ten (10). Case inquired as to what the primary reason is to not require units to be affordable in perpetuity. Aho noted the City already renews TIF districts on occasion, which is essentially creating affordability in perpetuity because of the requirements associated with receiving TIF financing. Getschow stated developers are generally more willing to provide affordability in perpetuity when they are given incentives. Nelson raised the question of whether developers have any incentive to improve or adequately maintain affordable units. Getschow stated the problem of getting developers to improve units is a general one, not one specific to affordable units or homes. Case requested follow-up on the benefits and risk of requiring affordability in perpetuity. Stanley outlined the remainder of the Task Force’s policy element recommendations, as well as the available cost offset options. Howe-Pullis noted some cost offset options are already perpetual by definition. She then described upcoming plans for the Task Force. City Council Workshop Minutes September 17, 2019 Page 3 Case requested follow-up regarding the available tenant protection policies are available, what is being implemented in neighboring cities, and what is feasible given the City’s housing and economic climate. Freiberg suggested it may be best to add protection policies and affordability policies elements gradually, rather than all at once. Policies requiring significant change can be hard to sell to the public and the development community. Aho reiterated the state already has many regulations in place. Nelson noted the current inspection policy is to thoroughly check units every five (5) years and ensure everything is in good working order. She raised the question of whether these inspections also include elevators. Getschow indicated the City’s inspectors would be able to provide such inspection process details. Narayanan suggested perhaps mandatory inspections could be made more frequent than every five (5) years. Getschow noted inspections are also conducted on a by-complaint basis, so they are generally more frequent than this. He then inquired why Chanhassen and Victoria have yet to establish inclusionary housing policies. Howe-Pullis indicated this is likely because they still have plenty of available land, and their housing is not nearly as dense. Nelson added there is still a demand for their larger, high-price lots, so the need for such policies is not as pressing. Narayanan asked whether the City and/or Task Force has yet to get feedback from developers about the proposed policy elements. Howe-Pullis indicated the development community will be consulted. Palmquist stated the goal of the policy is to not only create affordability, but preserve it. Howe-Pullis added a policy will make discussions with developers on this matter more straightforward, and there will no longer need to be negotiations to include affordable units. Aho suggested there should still be some flexibility incorporated, but a policy will be beneficial for consistency and commitment to the issue. Farley added the Task Force is sensitive to both the needs of developers, as well as the needs for the inclusionary housing market. Open Podium - Council Chamber (6:30) II.OPEN PODIUM A. CURT CONNAUGHTY – EDEN PRAIRIE LIONS CLUB SCHOONER DAYS PARADE Curt Connaughty, 11860 Sunnybrook Road, representative of the Eden Prairie Lions Club. Connaughty gave a presentation to the Council regarding the Lions Club’s proposed parade for the 2020 Schooner Days celebration. The proposed parade would take place on the corresponding Saturday, and it would begin and end at Eden Prairie high school. The Lions Club would seek to involve, community organizations, residential communities, and the diverse groups of the City. III.ADJOURNMENT