Planning Commission - 02/08/2021APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 8, 2021 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr,
Michael DeSanctis, Rachel Markos, Carole Mette,
William Gooding
CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of
Parks and Natural Resources; Rod Rue, City Engineer
CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m. Absent was commission member
Mette.
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Commissioner Mette was absent.
II. APPROVAL OF AGENDA
MOTION: Farr moved, seconded by DeSanctis to approve the agenda. MOTION
CARRIED 7-0.
III. MINUTES
MOTION: Kirk moved, seconded by Higgins to approve the minutes of January 11,
2021. MOTION CARRIED 7-0.
IV. PUBLIC HEARINGS
V. PLANNERS’ REPORT
Klima introduced Jonathan Stanley, Eden Prairie Housing and Community
Services Manager, who presented the Housing Task Force recommendations. No
formal action was being requested of the Planning Commission. The information
was being provided for reference purposes only. Stanley presented a PowerPoint
on the work and recommendations of the Task Force.
Policy and Focus Areas included:
Inclusionary Housing Policy
Affordable Housing Trust Fund
NOAH (Naturally Occurring Affordable Housing) preservation
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February 8, 2021
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Tenant protection ordinances
Senior housing
Housing Opportunities in Proximity to new public transit
Communications
Out-of-the-Box strategies
Inclusionary Housing was one goal of the Comprehensive Plan.
Recommendations included both multi-family and single-family residences. This
recommendation was triggered by requests for PUD, zoning or Comprehensive
Plan changes, or by requests for City financial assistance and would cover new,
rehabilitation and redevelopment properties. It applied to developments with 15 or
more units in both multifamily and single-family residences. These however had
different inclusionary unit requirements and only multifamily developments
would have a term in perpetuity, with a buy-out option for the developer. For
single family residences the developer option would be 10 percent at 120 percent
of AMI with a “buy out” option. Multifamily developments would require 5
percent of units at 30 percent AMI, or 10 percent at 50 AMI, or 15 percent at 60
percent AMI.
The recommendations included the adoption and enforcement of an Eden Prairie
Inclusionary Housing Policy. The Task Force strongly recommended the City of
Eden Prairie encourage multifamily developments to be comprised of 100 percent
affordable housing units. The Task Force recommended landlord be required to
accept tenant-based rental assistance (including Housing Choice/Section Eight
vouchers and Elderly Waivers) for affordable housing created pursuant to the
policy, and that developers provide and follow Affirmative Fair Housing
Marketing Plans.
The Affordable Housing Trust Fund would be a repository for funds seeded by
the City and would leverage what could be taken in philanthropic and other
resources with a flexible deployment mechanism. The point of the fund was to be
general and flexible, with a proposed State legislation matching and partnership
with the Eden Prairie Community Foundation and other partners.
The NOAH (Naturally Occurring Affordable Housing) preservation
recommendation would help City staff understand which properties fit the
requirements for preservation. Eden Prairie would identify and document the
inventory of potential multifamily NOAH properties in order to reach out to
property owners. Eden Prairie would also develop partnerships and processes with
non-profits to facilitate early intervention and acquisition of possible NOAH
properties. This would include single family homes which were affordable.
The Tenant Protection Ordination (TPO) would be triggered by the sale of a
multifamily property. This recommendation was to work in partnership with
private and public sectors, regional, state and federal agencies, and citizens,
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community groups and others to help envision and finance innovative housing
demonstration projects and housing development. It was also recommended that
landlords provide each tenants a written list of rights at time of signing of a lease
or lease extension. It also encouraged Eden Prairie to investigate and leverage
inspections of rental properties by third parties and in corporate short notice
inspections into its processes.
Other cities such as Brooklyn Center, Bloomington, Golden Valley, St. Louis
Park, and Richfield enacted such an ordinance. The protected tenants of NOAH
properties for specified time period, usually 90 days and prohibited the
rescreening of tenants, substantial rent increases, evictions (except for cause) and
required timely notice to tenants and the City of sale of the property.
Multifamily rental properties would not force material changes to existing leases
and provide at least 30-day notice of sale in English and other languages. The fine
for violation would be payment to affected low-income tenants of three months’
rent. However, because Eden Prairie was a Class B Statutory City, it could not
prohibit rent increases as that could be construed as “rent control.”
The recommended creation and distribution of the Tenant Rights Document
would articulate both tenants’ and landlords’ rights and responsibilities. It would
also include information on the Tenants Protection Ordinance (TPO) in enacted
and include legal and advocacy organization information for referrals (e.g. HOME
Line, Legal Aid, et cetera).
Senior housing was goal three of the Comprehensive Plan as a result of a growing
senior population. The focus of the Task Force was not on new housing
production but to keep seniors in home. It strongly recommended Eden Prairie
create and distribute a listing of resources for seniors to utilize for assistance in
maintaining and converting their properties to senior friendly spaces. This would
help seniors “age in place” and connect them with existing resources. Other
recommendations to help seniors included a mandate to accept Elderly Waivers,
creation of senior-centric units near mass transit, and testing of the Home Share
Program. Partnership with Habitat for Humanity and Age Well at Home Program
were also recommendations. A successful initiative would target low-income
seniors to help them adapt their living spaces.
Housing Opportunities in Proximity to New Public Transit was also a goal of the
Comprehensive Plan. The Task Force recommended partnerships and service
integration to create housing and take advantage of opportunities.
The Task Force recommended Eden Prairie develop and implement a
communication strategy associated with affordable housing and work to achieve
buy-in from the community.
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The Task Force recommended the City consider additional strategies and work in
partnership to finance innovative housing demonstration projects and housing
development. These included Accessory Dwelling Units (ADUs), Home Share
Programs, Micro Homes, land leases and land trusts, single room occupancy
housing, units supporting large families, and zoning.
Stanley said in terms of next steps the City had built into its 2021 Work Plan as
work items the Inclusionary housing policy, the NOAH strategies and the
Affordable housing trust fund.
DeSanctis asked for clarification of the Class B status of Eden Prairie and if the
assertion Eden Prairie setting rental rates could be construed as rent control was a
legal opinion. Stanley replied cities were designated by class at their enactment,
so Eden Prairie was chartered as a Class B. The City Attorney had written a
memo recommending that the City not effect rents at the local level.
Farr asked if it was possible for a city like Eden Prairie to put these
recommendations on paper and design a solution as bait for a developer to build
the desired result. Stanley replied various cities took different approaches to lure
developments and developers and foster competition between them. Some took a
more passive approach than others and this Task Force did not approach a more
comprehensive articulation of methods. It understood the frustration at not being
able to foster more competition around certain sites. Farr added the opposite of
rent control was to zone a parcel in order to make sales drop to make it a
development opportunity. Higgins stated there was in the past an Affordable
Housing Work group which was a worthwhile effort.
Farr added he attended a seminar on the concept of providing sleeping units
separate with shared common areas. The process of developing these had a good
success factor. He had not seen it in the Twin Cities but considered Eden Prairie a
good training ground for this.
VI. MEMBERS’ REPORTS
VII. ADJOURNMENT
MOTION: Markos moved, seconded by Gooding to adjourn. MOTION CARRIED 7-0.
The meeting was adjourned at 7:36 p.m.