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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 PLANNING COMMISSION MINUTES February 8, 2021 Page 2 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, PLANNING COMMISSION MINUTES February 8, 2021 Page 3 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. PLANNING COMMISSION MINUTES February 8, 2021 Page 4 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.