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City Council - 01/05/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 5, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, 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. All City Council Members were present. Council Member Nelson attended the meeting virtually. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS NARAYANAN AND TOOMEY City Attorney Neuville swore in Council Member Narayanan and Council Member Toomey. Mayor Case welcomed the newly elected Council Members and expressed his expectation that this particular City Council will be an excellent one. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS / PRESENTATIONS A. AWARDS FOR POLICE PERSONNEL Police Chief Weber reported Detective Mark Gustad and Analyst Ryan Kapaun have each received three awards for their work on an October 2018 home invasion burglary: the Minnesota Chiefs of Police Distinguished Service Award, the U.S. Attorney’s Award for Excellence in the Pursuit of Justice, and the Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Honor Award. Chief Weber introduced Detective Gustad and Analyst Kapaun. Case commended them on their good work and thanked Chief Weber and all of the Police Department for their excellent work on behalf of the City. B. PROCLAMATION SUPPORTING LOCAL RESTAURANTS CITY COUNCIL MINUTES January 5, 2021 Page 2 Pat MulQueeny, President of the Eden Prairie Chamber of Commerce, thanked the Council for their ongoing support of the Chamber and the business community. He explained the importance of our local restaurants as they in turn support our businesses, local youth and sports teams, and community events that strengthen the Eden Prairie community. Case noted the relationship between the City, the School District and the Chamber is an essential partnership. COVID has caused many problems in our country, and opening restaurants is at the top of people’s minds these days as we all want to be in restaurants and socialize once again. He read a proclamation proclaiming January 12-18 as “Support Eden Prairie Businesses Week.” C. ACCEPT DONATION OF $5,400 FROM EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF TWO POLICE K-9 BALLISTIC VESTS (Resolution No. 2021-01) Police Chief Weber announced we have received a generous donation of $5,400 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. He thanked them and noted such donations help to make sure our police have the tools to do their work. Case thanked the Crime Prevention Fund for the donation and noted Council Member Toomey also serves as the Fund’s President. He asked Council Member Toomey to explain the purpose of the Eden Prairie Prevention Crime Fund. Toomey said the Eden Prairie Crime Prevention Fund has been in existence since 1978 and is a non-profit group. Originally the focus was to provide reward money, and they have since added funding of some outreach programs in the City. The Fund has supported the K-9 unit and just started a scholarship fund for individuals interested in careers in law enforcement. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution 2021-01 accepting the donation of $5,400.00 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2020 CITY COUNCIL MINUTES January 5, 2021 Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2020 Case noted there is a correction to be made to Item XIV.A.1. for the City Council meeting minutes on page 6, paragraph 1 and in the motion for the item. The amount of the City Manager’s salary should be approximately $205,000, not approximately $210,000. MOTION: Freiberg moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, December 1, 2020, as published, and the City Council meeting held Tuesday, December 1, 2020, as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2021-02 ESTABLISHING MEETING DATES AND TIME_FOR CITY BOARDS AND COMMISSIONS FOR 2021 C. ADOPT RESOLUTION NO. 2021-03 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION NO. 2021-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION NO. 2021-05 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION NO. 2021-06 DESIGNATING DEPOSITORIES G. ADOPT RESOLUTION NO. 2021-07 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION NO. 2021-08 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND MATT’S AUTO SERVICE FOR 2021 J. APPROVE USE OF $24,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION CITY COUNCIL MINUTES January 5, 2021 Page 4 K. ADOPT RESOLUTION NO. 2021-09 APPROVING SECOND SUBSTANTIAL AMENDMENT TO 2019 CDBG ANNUAL ACTION PLAN TO ALLOCATE ADDITIONAL $231,516 OF CDBG-CV FUNDS L. APPROVE CONTRACT WITH INDEPENDENT EMERGENCY SERVICES (IES) FOR 1 YEAR SERVICE MAINTENANCE AND MONITORING AGREEMENT FOR 911 PHONE SYSTEM M. ADOPT RESOLUTION No. 2021-10 APPROVING JPA AND COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENTS WITH CITY ON BEHALF OF POICE DEPARTMENT AND PROSECUTING ATTORNEY N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS O. APPROVE ONE-YEAR COMMUNITY GARDEN PLOTS LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-O on the Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. PUBLIC HEARINGS / MEETINGS A. TERREY PINE COFFEE by Java Companies. Resolution 2021-11 for Planned Unit Development concept review on 0.511 acres, first reading of an ordinance for PUD District with waivers and a Zoning change from Office to HWY Commercial on 0.511 acres (Resolution No. 2021-11 for PUD Concept and Ordinance for PUD District and Zoning Change) Getschow said the applicant is requesting approval to construct a drive through coffee shop at 16315 Terrey Pine Drive. The property is located just west of the Burger King site at the corner of Eden Prairie Road and Highway 5. The property is .511 acres or 22,274 square feet. The property is guided commercial and the applicant is requesting a rezone from Office to Hwy-Commercial. The applicant is requesting several PUD waivers. The current use on the property is an office building and associated parking. The applicant is proposing to demolish the existing office building and remove the associated site features to prepare the site for the proposed development. The proposed 950 square foot building is a newer prototype. The coffee business will provide drive through service, a walk up window, and online ordering and pick up. Indoor seating is not provided with this new prototype. Case noted the project is actually located to the east of the Burger King restaurant, not the west as stated. Getschow agreed that was true. CITY COUNCIL MINUTES January 5, 2021 Page 5 Mark Krogh, representing Java Companies, expressed how wonderful the Eden Prairie staff was to work with. He gave a PowerPoint presentation about the project and reported they have incorporated the recommendations of the Planning Commission into the project. There are 13 parking spaces which provide parking for customers at the pick-up window and for employees. The coffee shop is drive- through only with a small patio for seating but no indoor seating. Access is provided from Terrey Pine and an access easement across the Burger King parking lot. The site is designed to be pedestrian friendly. The landscaping conforms to City guidelines. There will be underground stormwater management, native plantings and a smart irrigation system. Case asked about the underground stormwater storage. Mr. Krogh said they must have either underground stormwater storage or a surface pond to take care of the stormwater on the site. Case then asked if the system will capture all of the runoff from the site. Ellis said the system being proposed is very common and meets all of the standards. Such underground systems are common for sites that are challenged for space requirements. The runoff is ultimately infiltrated into the ground and cleaned before it ends up in the Purgatory Creek drainage system Freiberg questioned if this is a Starbucks franchise because the PowerPoint presentation showed the building with Starbucks signage. Mr. Keogh said it is. Toomey asked if there would be a public restroom at the building because people may choose to spend time on the patio area. If there is no restroom for the coffee shop, customers will have to run over to the Dairy Queen. Klima said staff does not have the final floor plans at this point; however, they will follow up during the permit process. Case stated he did not want to have people running over to the Dairy Queen because of safety issues crossing the drive-through. Klima said they will take a look at that from a building code standpoint and will report back at second reading. Case asked if there were concerns regarding the walk-up window because there are only five parking spaces for customers. Klima said the parking provided on site is intended to address the largest employee shift which would occur in the morning hours. There could be seven or eight employees during that time. Case was still concerned about a possible issue with insufficient parking if customers do park there and linger on the patio. Klima said at this point staff doesn’t have that concern. If there were to be a change in their business operation, that would be something staff would discuss with the applicant. Case asked if there were any other options to provide more parking spaces. Klima replied an option would be for the proponent to speak with their neighbors to get a joint parking agreement with them if more parking spaces were needed. Freiberg asked what concerns came up at the Planning Commission meeting. Klima replied questions came up with regard to saving the tree along the property line with Burger King, and the applicant has agreed to save that tree. In addition, there were CITY COUNCIL MINUTES January 5, 2021 Page 6 some comments about improving or increasing the amount of pervious surface on the site, and the applicant has made a change to use previous paving on the patio area. There were other concerns about stacking in the drive-through, and the applicant noted there is more stacking provided on this site than they would typically have. There is also additional room for stacking beyond that shown in the site plans. Freiberg asked if the project was passed unanimously at the Planning Commission. Klima responded it passed 9-0. Narayanan asked how many tables and chairs would be placed on the patio. Klima replied the plans did not show the number of tables to be placed on the patio. Narayanan then asked if the plans contained any sustainability features, such as solar energy, and if they included a charging station in the parking area. Mr. Krogh responded the tenant takes pride in their sustainability, and there was no initiative for solar. He was unsure about the charging station but would check on that. Case commented we would not want their customers to linger in the parking space for a long time while their vehicle was charging because of the limited number of spaces. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2021-11 for a Planned Unit Development concept review on 0.511 acres; to approve the first reading of an ordinance for Planned Unit Development district review with waivers and a Zoning change from Office to HWY-Commercial on 0.511 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XI. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIV. APPOINTMENTS Getschow explained City Council Members serve on various commissions and committees the City is involved in. The following items are for those appointments as well as such things as designating our official City newspaper. A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution No. 2021-12) CITY COUNCIL MINUTES January 5, 2021 Page 7 MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution 2021-12 designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2021 AND APPOINT ACTING MAYOR (Resolution No. 2021-13) MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2021-13 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2021 and appointing Council Member Nelson as Acting Mayor. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution No. 2021-14) MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021- 14 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 Nelson as Secretary for calendar year 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution No. 2021-15) MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-15 designating Public Works Director Ellis as the Director and Council Member Freiberg as the Alternate Director to the Suburban Rate Authority. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” 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 Case as Delegate and Council Members as Alternates to the National League of Cities. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Narayanan moved, seconded by Toomey, to approve appointment of Mayor Case to the Municipal Legislative Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” CITY COUNCIL MINUTES January 5, 2021 Page 8 G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Nelson moved, seconded by Narayanan, to approve appointment of Council Member Freiberg to the Southwest Cable Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” H. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Narayanan moved, seconded by Toomey, to approve appointment of Council Member Freiberg to the I-494 Corridor Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” I. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Toomey moved, seconded by Freiberg, to appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution NO. 2021-16) MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021- 16 appointing Finance Director Kotchevar and Council Member Nelson to the Eden Prairie Fire Relief Association. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION MOTION: Freiberg moved, seconded by Nelson, to appoint Council Member Narayanan to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2022. Appoint Council Member Toomey to the Southwest Transit Board as the Eden Prairie Appointed Representative to complete the two-year term ending December 31, 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS STEERING COMMITTEE MOTION: Narayanan moved, seconded by Freiberg, to appoint Council Member Nelson to the Southwest LRT Community Works Project Steering Committee and Council Member Toomey as an alternate member of the Southwest LRT Community CITY COUNCIL MINUTES January 5, 2021 Page 9 Works Project Steering Committee. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” Case thanked all of the Council Members for the extra work each of them does throughout the community in addition to their work on the City Council. XV. 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 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 8:05 pm.