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City Council - 04/20/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 20, 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 Acting Mayor Nelson called the meeting to order at 7:00 PM. Mayor Case was absent. Council Member Narayanan attended the meeting virtually. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER CHRIS LATONDRESSE Nelson introduced newly-elected Hennepin County Commissioner for District 6, Chris Latondresse. Commissioner Latondresse announced he plans to continue the tradition of former Commissioner Jan Callison to visit at least one City Council meeting at each of the 16 cities in District 6 each year. He gave a PowerPoint update of recent activities in Hennepin County, including a review of the COVID-19 response made by Hennepin County Public Health. The County has been investing in residents through funds received from the CARES Act that provided over $220,000,000, including $16,200,000 for emergency rental assistance and $69,400,000 in direct grants to small businesses that puts funds directly into the hands of Eden Prairie businesses. He reviewed progress on the Southwest LRT which will provide a transit gateway for future development. He explained strategies involved in the Hennepin County Climate Action Plan which has a revised target to be at net zero waste by 2050. In conclusion, he reviewed his own top priorities as he serves as the Chair of the Housing Redevelopment Agency and as Vice Chair of Public Safety and continues his support for small businesses and entrepreneurship. Narayanan asked how Eden Prairie is doing in terms of COVID vaccinations. CITY COUNCIL MINUTES April 20, 2021 Page 2 Commissioner Latondresse replied he did not have the exact numbers for Eden Prairie but would get back to Council Member Narayanan with that information. Narayanan then asked about the County’s Climate Action Plan and how the County will partner with residents on such things as solar energy and electric vehicles. Commissioner Latondresse responded he would have to get back to Council Member Narayanan with details regarding solar energy plans. The County is working on their own electric vehicle fleets and will take a leadership role in the infrastructure needed to transition to electric vehicles. Toomey asked if the County plans to set up charging stations at facilities such as libraries. Commissioner Latondresse replied they are dealing more with general ideas at this point, but those would be some of the more specific actions proposed. Narayanan explained Eden Prairie has been trying to increase the number of charging stations in the City and also has been working on affordable housing. We organized a Housing Task Force that came back with recommendations, and we are in the process of working to implement some of the suggestions. He thought perhaps Hennepin County might be interested in partnering to share some of that information. Commissioner Latondresse stated he wanted to recognize Eden Prairie’s leadership in the area of affordable housing and would like to learn more about the City’s Housing Task Force. He pointed out the County has three affordable housing funds, including one that works with transit-oriented housing development. Nelson thanked Commissioner Latondresse for the presentation and suggested City staff could review some of the conclusions of our Housing Task Force with the Commissioner. She was delighted to see the County’s work on a Climate Action Plan and suggested staff might also review some of our work on sustainability and climate action with the Commissioner and perhaps share some of our experience with electric trucks. Freiberg commended Commissioner Latondresse for the solid and ambitious approach for his first year as Hennepin County Commissioner. B. ACCEPT GIFT FROM ELAINE SAMPSON FOR ART CENTER EQUIPMENT AND PROGRAMS (Resolution No. 2021-30) Getschow explained in 2008 the City accepted the donation of a 5400 square foot building from the Sampson family that is now our City Art Center. We have been fortunate to receive regular funding from Ms Sampson for programming and equipment at the Art Center. Tonight she is again giving a $10,000 gift for Art Center equipment and programs. Nelson thanked Ms Sampson for all her generous gifts over the past years. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2021-30 accepting the donation in the amount of $10,000 from Elaine Sampson to go towards CITY COUNCIL MINUTES April 20, 2021 Page 3 Art Center equipment and programs. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 6, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 6, 2021 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, April 6, 2021, and the City Council meeting held Tuesday, April 6, 2021, as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE SUBRECIPIENT AGREEMENT FOR USE OF $25,000 IN CDBG- CV FUNDS TO MAKE COVID SAFETY UPGRADES TO LUANN’S PLACE C. APPROVE LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272 FOR TASSEL TRANSITION PROGRAM IN EDEN PRAIRIE CITY CENTER D. AUTHORIZE AGREEMENT FOR PURCHASING GOODS AND SERVICES WITH QUALITE SPORTS LIGHTING FOR MILLER PARK LIGHTING IMPROVEMENT PROJECT E. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR REPAIR AND MAINTENANCE OF TRAILS AND PARKING LOTS F. DECLARE SQUAD #227 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE MOTION: Toomey moved, seconded by Narayanan, to approve Items A-F on the Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” CITY COUNCIL MINUTES April 20, 2021 Page 4 IX. PUBLIC HEARINGS / MEETINGS A. CODE AMENDMENT FOR GYMNASIUMS by City of Eden Prairie. First Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gymnasiums (Ordinance) Getschow observed the Council has been working on some code updates at recent Council workshops. This particular code update adds a definition of gymnasium in the zoning codes. For a number of years, we have allowed gymnasiums in several zoning districts in the City, but we have not had a definition of a gymnasium. There are different types of gymnasiums in commercial and industrial areas, and this will provide some clarity. The Planning Commission talked about this code change, and had some discussion about a specific percentage to be allowed in the industrial district, but that restriction was not included. The Planning Commission recommended approval of the amendment on a unanimous vote. There were no comments from the audience. Freiberg asked if such facilities as dance studios are included when we talk about gymnasiums. Getschow replied all types of gymnasiums, including dance and fitness studios, would be included, and that would be made clearer by this definition. We have been in contact with all the businesses in Eden Prairie that would fit the definition, and they are aware we are doing this. Toomey asked if the 20-foot ceiling limit is included. City Planner Klima replied the definition does include a reference to ceiling height within the structure of a gymnasium, so the definition does include a vertical height of 20 feet and outlines the type of uses for other of facilities, such as ball courts, turf areas and volleyball courts. Toomey then asked if businesses that don’t exactly meet the definition will be grandfathered in. Klima responded staff has been in contact with a couple of businesses that would be non-compliant if the code amendment is approved. Staff would provide those businesses with a zoning compliance certificate noting they would be non- conforming and could continue to operate, repair and maintain their facility but could not expand the facility. Freiberg observed he would prefer to be fairly loose and not very strict in terms of those to be grandfathered in. He did not want to cause a hardship on those businesses that will be considered non-conforming by this definition. Klima responded staff has had conversations with the two businesses that would become non-conforming as a result of this code amendment. Narayanan asked if we have included anything in the amendment that would help to protect children using the facilities. Klima replied our zoning ordinance definition does not go into performance standards. CITY COUNCIL MINUTES April 20, 2021 Page 5 MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, and to approve the first reading of the ordinance to amend City Code Chapter 11 relating to gymnasiums. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” B. 7076-7078 SHADY OAK FAÇADE REMODEL by SOT G OWNER LLC. Direct Staff to prepare Development Agreement. Getschow explained the applicant is located in the Golden Triangle and is proposing an exterior remodel of the current industrial building. The building was built in 1984, and the applicant will be making changes to update the building. The proposed changes include changing exterior building elevations to a more modern façade for a new tenant. Because the changes are primarily cosmetic in nature and not a major improvement or expansion, the proposal goes straight to the City Council and not to the Planning Commission. He stated staff recommends approval, and the applicant is here virtually to give an overview of the proposed remodel. Carolyn Gagne, representing SOT G OWNER LLC, gave a PowerPoint presentation of the proposed exterior renovations. She reviewed the project location and site survey. She displayed renderings of the building façades and the elevations, noting the changes they plan include relocating the front entrance and adding windows on the dock side of the building. While they are not making extensive changes to the building exterior, they believe these changes will improve the aesthetics and will add to the building’s appeal. There were no comments from the audience. Freiberg stated he was amazed at what a difference they were able to make to the front of the building with very little difference in height. He was very impressed. MOTION: Freiberg moved, seconded by Toomey, to close the public hearing, and to direct staff to prepare an amendment of the Developer’s Agreement incorporating staff recommendations and Council conditions. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE Getschow stated Hennepin County requires cities to provide for the curbside collection CITY COUNCIL MINUTES April 20, 2021 Page 6 of organic materials to its residents in single-family through 4-plex dwellings, along with other residential households where each household has its own collection container for mixed recyclables, by January 1, 2022. Eden Prairie has opted to meet this requirement by having licensed haulers provide the organics recycling service as part of their current work with solid waste and recycling. Section 5.36 has been modified to reflect that requirement and to include some administrative items have been updated to reflect best practices in waste collection licensure. He noted there has been discussion that our five existing haulers would provide organic service at two City Council planning workshops for 2022. Toomey asked if residents will then have three separate garbage cans. Getschow replied the haulers are working on their own best method of collecting organics, so they may not necessarily provide a separate organics garbage can. Nelson commented it was great we finally have reached the point where we can get a statement of what we are doing about this. MOTION: Narayanan moved, seconded by Freiberg, to approve first reading of an ordinance amending City Code Chapter 5, Section 5.36 relating to licensing of collectors of waste. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” 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 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES April 20, 2021 Page 7 XVI. ADJOURNMENT Acting Mayor Nelson thanked all those who were outside the Council Chamber for coming to tonight’s meeting. She appreciated all the work going on and noted the project they are interested in will be considered at the May 4th City Council meeting. MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Nelson voting “aye.” Acting Mayor Nelson adjourned the meeting at 7:51 pm.