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City Council - 10/20/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 2020 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Police Chief Greg Weber, Fire Chief Scott Gerber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2020 SUSTAINABLE EDEN PRAIRIE AWARDS Getschow introduced Jennifer Hassebroek, Staff Coordinator for the Sustainability Commission. Ms Hassebroek explained the Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. She stated the award nominees must be a business or a resident in Eden Prairie. Student members of the Sustainability Commission were present to describe the award and announce the five recipients of the awards. Anisha Singhatwadia announced the two winners of the Sustainable Eden Prairie award in the area of waste: Girl Scout Troop #17913 for their school recycling and repurposing program, and Once Upon a Child for their recycling program. Ms Hassebroek announced one of the two winners of the award in the area of landscape: Cheri Nehl for her work around Mitchell Lake. Ellianne Retzlaff announced the second winner of the landscape award: the Preserve Association for their partnership with the Riley-Bluff-Purgatory Creek Watershed CITY COUNCIL MINUTES October 20, 2020 Page 2 District to install native plants. She also announced the winner of the award in the area of water: Fairway Woods Condominium Association who installed a rain garden and native landscaping to stop erosion of their property into Purgatory Creek. B. ACCEPT CONTRIBUTIONS FROM LOCAL BUSINESSES AND ORGANIZATIONS TOWARDS FALL SPECIAL EVENTS (Resolution No. 2020- 93) Getschow said in keeping with Stay Safe Minnesota guidance, Parks and Recreation has created two alternative Halloween events called the Boo Drive-Thru and the Great Pumpkin Path. For both events, households register in advance. He described the two events: the Boo Drive-thru is a from-your-vehicle family fun experience to be held October 31, 1-5 pm, at Miller Park and the Great Pumpkin Path is an outdoor event where participants enter the path at distanced intervals from 6-9 pm on Friday, October 16. Contributions were received from J.A. Price, Eden Prairie Crime Fund, Wall Trends, A to Z Rental Center, Lions Tap, Prairie Bluffs Senior Living, and Home Instead Senior Care. Case commented City tax dollars cannot do everything, so contributions such as these are tremendously appreciated and allow us to do more. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2020-93 accepting the donation of $2,400 for the Boo Drive-Thru and the Great Pumpkin Path events from J.A. Price ($1,000), Eden Prairie Crime Fund ($750), Wall Trends ($200), A to Z Rental Center ($150), Lions Tap ($100), Prairie Bluffs Senior Living ($100) and Home Instead Senior Care ($100). Motion carried 4-0. C. WORLD POLIO DAY PROCLAMATION Case observed Eden Prairie has many important non-profits, two of whom are the AM and Noon Rotary Clubs. The two Eden Prairie Rotary Clubs have joined with their global network of Rotary Clubs to work towards immunizing all children in the world against polio. Aho noted three Council Members are members of the Eden Prairie AM Rotary Club. Mayor Case read a proclamation proclaiming October 24, 2020, as World Polio Day in Eden Prairie. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Aho, to approve the agenda as published. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES October 20, 2020 Page 3 A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2020 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, October 6, 2020, and the City Council meeting held Tuesday, October 6, 2020, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AMENDMENT TO MULTIJURISDICTIONAL AGREEMENT WITH HENNEPIN COUNTY C. APPROVE PURCHASE OF REPLACEMENT ATTACK FIRE HOSE FOR ALL FIRE APPARATUS FROM JEFFERSON FIRE AND SAFETY D. APPROVE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR FIREFIGHTERS FROM STREICHER’S E. ADOPT RESOLUTION NO. 2020-94 AUTHORIZING AMENDMENT NO. 1 TO HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT F. APPROVE CHANGE ORDER NO. 7 FOR PRESERVE BOULEVARD G. APPROVE 2021 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT CONTINGENT UPON BUDGET APPROVALS H. DECLARE PROPERTY AS SURPLUS I. APPROVE PURCHASE OF NEW TESLA MODEL-Y LONG RANGE AWD VEHICLE J. AUTHORIZE AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENT K. AUTHORIZE EXTENSION OF AGREEMENT WITH NATIVE RESOURCES PRESERVATION LLC. FOR NATIVE PLANTING AREA MAINTENANCE MOTION: Freiberg moved, seconded by Aho, to approve Items A-K on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES October 20, 2020 Page 4 A. 2020 SPECIAL ASSESSMENTS (Resolution No. 2020-95) Getschow explained each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. He pointed out the highlight for this year would be the second phase of the Eden Prairie Road improvement. He noted some residents have filed objections to the assessments for that improvement. Rod Rue, City Engineer gave a Power Point presentation outlining the details of the Eden Prairie Road Phase 2 assessments. He stated the project was started in 2001, but for ten to twelve years there was very little neighborhood support to move forward with the improvements. In 2013 the first phase of the project went forward and was completed in 2015. He explained the City’s assessment policy for homestead and residential property which excludes assessment of the trunk and lateral assessments for up to five years or until they connect. He noted the parcels included tonight have not connected to sewer and water services so their assessments will be excluded and interest will begin to accrue. Rue further related in 2013 the City Council ordered a Feasibility Study for Phase Two of the project, and in 2017 Phase 2 was ordered. The project was coordinated with the Flying Cloud Road project with Hennepin County so the project was not completed until the Flying Cloud Road work was completed. The assessments to be levied tonight are for 600 feet of Eden Prairie Road and are assessed for the amount of an equivalent residential street. The assessment amount was calculated at $17,465 per property. Adam Buenz, 10100 Eden Prairie Road, reported there has been a huge increase in traffic on the road since the completion of the Eden Prairie Road project. He believed this suggested the road might not conform to residential street standards and felt there should be a revision because of that. Michelle Wolter, 10065 Eden Prairie Road, stated she wrote an objection to the assessments. She has been assessed multiple times for this project, and she asked that her property be reviewed so she is not doubly taxed. Case asked Mr. Rue to explain the situation with Ms Wolter’s property. Rue explained Ms Wolter has a unique situation in that the project limits for Phase 1 of the project bisected her property frontage. The additional property she purchased had been split into two parcels before her purchase. Those two parcels were included in the first phase of the assessments. Ms Wolter paid the assessment on one of the two lots in Phase 1, and the other has a pending assessment deferred until development. The assessment tonight is for the third lot but is deferred until the third lot is built. CITY COUNCIL MINUTES October 20, 2020 Page 5 Case asked how the interest accrual would work. Rue responded last year the City Council passed a resolution capping interest that could be accrued on an assessment at twice the original assessment. That would mean the maximum assessment with accrued interest on the third lot would be about $35,000. The resolution passed last year is retroactive to past assessments. Freiberg asked if the assessment is pending because that is critical if the property is sold. At the time of sale an escrow would be required. If the property is not subdivided already, there is one lot. He asked if the lot has been subdivided. Ms Wolter responded she bought the second lot which had a ghost line on that lot, and that brought about the potential for the third lot. When she remodeled her home, she crossed over the ghost line so the third lot is no longer buildable. Freiberg expressed concern about the implications of a pending assessment. Neuville explained an assessment is pending once a project is approved but before the assessment is levied. In this case a project was approved in 2017, at which point it became a pending assessment. With this resolution tonight, the assessment is levied, yet deferred, and will not show up as a “pending assessment” on a title search. Ms Wolter asked if she could have some clarity of the situation in writing in case she wanted to sell the property. Case asked if it is the City’s opinion that if the ghost line were moved, there would still be enough room to create the third lot. Rue replied when Ms Wolter put the extension on her house it probably eliminated the possibility of a third house; however, in the very long term, it is a possible situation. MOTION: Aho moved, seconded by Narayanan, to close the public hearing. Motion carried 4-0. Aho asked if there is any other way to accomplish assessing future development without putting an encumbrance on the current property owner. Case then noted nothing is due now nor will it be if nothing is ever done to develop the third parcel, so there is no tax encumbrance. He asked if there is some more formal way of writing it so it will not be a concern for Ms Wolter. Neuville responded an assessment is not an encumbrance on the property, rather it is something dealt with a purchase agreement. Aho noted this just makes it more complicated from his perspective. Case observed it sets a precedent to say it isn’t feasible to divide into two lots. From a broader perspective he did not think we need to find another way to judge the potential to divide a lot whether it is a small lot or a large lot. It feels unfortunate when the example falls onto a smaller lot; however, this is not uncommon. Neuville replied this is the process in the statute that allows for deferred assessment. CITY COUNCIL MINUTES October 20, 2020 Page 6 Aho understood we are working from the concept of being acceptable and fair to all property owners. It seems, from a property owner’s perspective, to add more complications, and he wished we had a better way to handle it. Case reflected he lives on a parcel that has two property PID’s. He has been told even if the parcels are combined, it is still deemed dividable. Freiberg agreed with Council Member Aho that it doesn’t seem fair. He also wished there was a better way of triggering this, or one that could bring clarity to such situations. Case said we all get that and so do the residents of Eden Prairie. However, there will never be an impact unless Ms Wolter decides to sell the property. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2020-95 approving all Special Assessments presented in the fall of 2020. Motion carried 4-0. B. TILLER CORPORATION PLANT 912: By Tiller Corporation. First reading of an ordinance for Zoning change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution 2020-96 for Preliminary Plat on 13.21 acres (Ordinance for Zoning Change from Public and Rural to Industrial; Resolution No. 2020-96 for Preliminary Plat) Getschow said the Tiller Corporation is proposing to update the asphalt plant and pollution control equipment and to relocate the plant and processing/stockpile areas within the site. These site improvements are intended to increase safety and efficiencies of the operation and to improve circulation and stormwater management. The applicant is requesting approval of rezoning of the property to bring the entire subject site into the same zoning district. Also requested is preliminary plat approval to combine five parcels into one lot and an outlot. He noted the applicant acquired a one-acre parcel from Hennepin County, and that parcel is part of the rezoning. Mike Caron, representing Tiller Corporation, gave a PowerPoint presentation reviewing the project. He related they met with City staff in early 2018 to begin discussions on the proposal. They want to improve stormwater management, upgrade their equipment and improve safety and efficiency. He reviewed the proposed plant layout and site plan, pointed out the stormwater ponds to be added, and described the traffic pattern. Aho commented we don’t get a lot of complaints about noise and dust control at this location as one might expect and asked if noise and dust control would be improved as a result of these changes. Mr. Caron replied the dryer they plan to install is the quietest available. They will try to time the improvement process to be well spaced. In addition, they have talked to those residents who complained. CITY COUNCIL MINUTES October 20, 2020 Page 7 Case asked if there are any times when trucks are backing up because one of the complaints we receive from the area is about noise. Mr. Caron responded they try to deal with their customers directly and ask them to deal with their drivers. He believed the improvements in the circulation pattern will help deal with concerns of the owners in the cul-de-sac across the way. There were no comments from the audience. MOTION: Narayanan moved, seconded by Aho, to close the public hearing; to approve first reading of the ordinance for Zoning District change from Rural to Industrial (I-Gen) on 1.09 acres and Public to Industrial (I-Gen) on 4.49 acres; to adopt Resolution No. 2020-96 for a Preliminary Plat of 5 parcels into one lot and one outlot on 13.21 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case asked staff if this particular plot would be part of what we might see in 50 years if we look at redevelopment of the area. Getschow replied we have talked about the Midwest Asphalt operations as being a non-conforming use. Jeremiah stated they do not foresee anything in this area as a future redevelopment spot, but consolidating lots is a positive for future development as is the zoning change to Industrial. VOTE ON THE MOTION: Motion carried 4-0. C. CODE AMENDMENT FOR TOWERS AND ANTENNAS By City of Eden Prairie. First reading of an ordinance to amend City Code Chapter 6 and Chapter 11 to comply with recent Federal Communication Commission rulings. (Ordinance) Getschow said the proposed code changes are in response to the June 2020 Federal Communication Commission (FCC) declaratory ruling that further clarifies criteria within the Spectrum Act of 2012 related to altering existing wireless structures. The FCC ruling affects City Code Chapter 6.03 and City Code Chapter 11.06. No public hearing is required for the amendment to Chapter 6. City Code Chapter 11 amendment requires a public hearing. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; and to approve first reading of an Ordinance amending City Code Chapter 6, Section 6.03 relating to right-of-way permits and City Code Chapter 11, Section 11.06 relating to towers and antennas. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, and Case voting “aye.” CITY COUNCIL MINUTES October 20, 2020 Page 8 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Authorize Use of CARES Act Funds for Grants to Eden Prairie Foundation and Eden Prairie Chamber of Commerce Getschow reported through the CARES Act, the City has the ability to provide nonprofit grants to provide resources that alleviate the direct and adverse effects related to the COVID-19 public health emergency. All grant funds must be used solely to reimburse eligible nonprofit expenses. The Eden Prairie Foundation and the Eden Prairie Chamber of Commerce have requested reimbursement of eligible costs due to the COVID 19 public health emergency. The action requested tonight is to authorize up to $27,850 for the Eden Prairie Foundation and $59,850 for the Chamber of Commerce. Both organizations have provided a list of expenses to which the funds would be applied. Case further explained this is CARES Act money budgeted and sent out. Cities must show they spent the money on COVID-19-related expenses. This is not money that the City had budgeted, so this is a great opportunity to assist two organizations in our City that cover a wide swath of our population. The funds will help the two organizations preserve their viability. Pat MulQueeny, Chamber of Commerce President, stated our Eden Prairie businesses have been greatly impacted by COVID-19. The Chamber does a lot of events for businesses, and these funds will enable them to continue their work to help the local economy. He thanked the City Council for the funding. Mark Weber, Executive Director of the Eden Prairie Community Foundation, explained the Foundation works with about 100 non-profits in the community and these funds will help them to continue that work. Case observed we need the two organizations to survive the pandemic, and this is a great opportunity to help with that. Narayanan reflected the Chamber focuses on the business side and the CITY COUNCIL MINUTES October 20, 2020 Page 9 Foundation focuses on non-profits. Both organizations are struggling because of COVID-19. The Foundation had to cancel two major events because of COVID, yet they have been able to continue to help some of our non-profits. He noted as a small business owner he is very glad the Chamber is able to get these funds. MOTION: Freiberg moved, seconded by Aho, to authorize the use of CARES Act funds for grants to the Eden Prairie Foundation and the Eden Prairie Chamber of Commerce, and to authorize up to $27,850 for the Foundation and $59,850 for the Chamber of Commerce. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:12 p.m.