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City Council - 10/26/2021 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 26, 2021 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LEADERSHIP IN VOLUNTEER POLICE SERVICE PROGRAMS AWARD Getschow welcomed Police Chief Matt Sackett to present an award to the City Council. Police Chief Sackett stated he would like to recognize Police Department’s Reserve Unit for receiving the International Association of Chiefs of Police (IACP) Leadership in Volunteer Police Service Programs Award. The IACP award is given each year to programs which demonstrate effective practices for augmenting sworn or civilian staff providing services to their communities. The Police Department nominated its Reserve Unit for this award for several reasons, but they mainly believed the Reserve Unit deserved to be recognized for the incredible contribution of time and talent it has given the City. There are 20 adults in the Unit who assist sworn officers with community service tasks and non-criminal police functions, and a few have received special training to help with more specialized tasks. The Reserves have contributed, on average, approximately 4,000 volunteer hours per year, and the Department CITY COUNCIL MINUTES October 26, 2021 Page 2 would not be able to provide the level of community service it does without the Reserve’s efforts. Reserve Supervisor Boyd Hesdorffer and Deputy Reserve Supervisor Andrew Rockafellow received the award on behalf of the Reserve Unit. B. ACCEPT DONATION OF $4,000 FROM A COMMUNITY MEMBER FOR SENIOR CENTER REMODEL PROJECT (Resolution No. 2021-77) Lotthammer explained the anonymous donation is meant to go towards the Senior Center remodel project and noted the donor cares deeply for the community. Staff expects to receive bids in the next day, and the intent is to start the project by mid-December. The project is primarily funded by donations. Case stated tax dollars can only go so far each year, so donations help the Council support projects beyond what the tax dollars are capable of. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2021-77 accepting the donation in the amount of $4,000 from an anonymous donor to help fund the Senior Center remodel project. Motion carried 5-0. C. ACCEPT DONATION OF $1,000 FROM NINE MILE CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution No. 2021-78) Lotthammer explained the donation is from the Nine Mile Creek Watershed District to help fund the City’s annual tree sale. The tree sale allows the City to leverage quantity to allow for better pricing and quantity for the residents, and the donation from the Watershed District assists in keeping the prices low. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021-78 accepting the donation in the amount of $1,000 from the Nine Mile Creek Watershed District to go toward purchasing trees for the annual tree sale. Motion carried 5-0. D. ACCEPT DONATION OF $5,000 FROM RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution No. 2021-79) Lotthammer stated the donation is the Riley Purgatory Bluff Creek Watershed District to help fund the City’s annual tree sale. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2021-79 accepting the donation in the amount of $5,000 from the Riley Purgatory Bluff Creek Watershed District to go toward purchasing trees for the CITY COUNCIL MINUTES October 26, 2021 Page 3 annual tree sale. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item 14A. Mayor’s Report to the agenda. MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES E. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2021 MOTION: Nelson moved, seconded by Narayanan, to approve the minutes of the City Council meeting held Tuesday, September 21, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AGREEMENT WITH OPTUM HEALTH CARE SOLUTIONS LLC FOR RENEW ACTIVE MEMBERSHIP REIMBURSEMENT PROGRAM AT COMMUNITY CENTER C. APPROVE FIVE YEAR SERVICE AGREEMENT WITH OCHS, INC. FOR UNDERWRITING CITY’S LONG-TERM DISABILITY AND LIFE AND ACCIDENTAL DEATH INSURANCE POLICIES D. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS WITH PROP AND THE PROP SHOP E. ADOPT RESOLUTION 2021-80 AMENDING RESOLUTION NO. 2021- 75 F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR TH5 & CSAH4 SMALL AREA TRANSPORTATION PLAN G. APPROVE 2022 VEHICLE & EQUIPMENT REPLACEMENT FUND SCHEDULE H. AWARD CONTRACT TO BKJ LAND CO. FOR NEILL LAKE MARSH BERM REPAIRS CITY COUNCIL MINUTES October 26, 2021 Page 4 I. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR NEW CELLULAR AMI WATER METERS J. APPROVE CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REPLACEMENT OF RESIDENTIAL WATER METERS K. APPROVE GROUNDWATER CONSERVATION COST SHARE GRANT FUNDING AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT L. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF EDEN PRAIRIE ROAD LIFT STATION PUMPS M. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2022 PAVEMENT REHAB PROJECT N. APPROVE WORK ORDERS WITH VIDEOTRONIX, INC. DBA VTI SECURITY FOR PURCHASE AND INSTALLATION OF SECURITY INFRASTRUCTURE AT CITY HALL, COMMUNITY CENTER, HOMEWARD HILLS PARK, AND RILEY-JACQUES BARN MOTION: Narayanan moved, seconded by Toomey, to approve Items A, C-N on the Consent Calendar. Motion carried 5-0. MOTION: Narayanan moved, seconded by Freiberg, to approve Item B on the Consent Calendar. Motion carried 4-0-1, with Case abstaining. IX. PUBLIC HEARINGS / MEETINGS A. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Resolution for Planned Unit Development Concept Review on 5.13 acres; First Reading of Ordinance for Planned Unit District Review with Waivers on 5.13 acres; Resolution for Preliminary Plat on 5.13 acres (Resolution No. 2021-81 for PUD Concept Review, Ordinance for PUD District Review, Resolution No. 2021-82 for Preliminary Plat) Getschow stated this is the fourth phase of the Castle Ridge Redevelopment project. The first two phases of the project included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The third phase involves approval for the construction of a Bank of America, Chick-fil- A, and Lakewinds grocery. Lakewinds will no longer be a part of the construction, so the proposed alternative needs to be addressed. CITY COUNCIL MINUTES October 26, 2021 Page 5 Getschow stated in 2020, the City granted Planned Unit Development (PUD), preliminary plat, and site plan approval to this area to allow the construction of a 25,000 square foot grocery store and the creation of an outlot for future retail development. The grocery tenant which was anticipated to utilize this space is no longer moving forward with the construction. The applicant was present to propose an alternative grocery store tenant. Ian Halker, Vice President of Development with Oppidan, gave a PowerPoint presentation about the Castle Ridge Redevelopment and proposed grocery store tenant. The goals of the retail project were to create a sense of place, use a sensible design, and have a cohesive design throughout the master development. Halker explained there was an increase in the square footage of the grocery store, so they consolidated two outlots to accommodate the increase. This resulted in an increased parking area, elimination of proposed coffee shop, and improved pedestrian circulation. The updated traffic study showed notable differences including a decrease in daily generated site trips, fewer morning peak hour trips, and an increase in development density. Notable comments from the Planning Commission include adding infrastructure to support lighting of trees in gathering areas, adding additional bike rack locations, and adding bollards near the loading dock, along with discussion regarding the number of cart corrals. Nelson asked if there will be a place for grocery pickup. Halker stated there is an area integrated into the site for the pickup service. Nelson asked if there will be flowers included in the site. Jeff Westendorf, civil engineer and landscape architect from Westwood Professional Services, stated there will be a great variety of flowers. Narayanan noted his surprise the grocery pickup service didn’t include a drive- thru. Halker stated he could see the service evolving for grocery stores in the future. Narayanan asked how many charging stations will be allocated at the space. Halker stated there are four charging station stalls included in the plan. Narayanan asked why they did not consider a solar panel roof. Halker stated some tenants like the solar panel roofs, but this particular group did not express interest in utilizing clean energy. Narayanan asked for a visual example of a 40,000 square foot space. Halker stated a local Cub Foods is around 95,000 square feet, but this site is around the size of a Kowalski’s and is slightly larger than an Aldi. Case stated the Council is voting on a site plan layout and building materials, but it is not necessarily voting directly on the grocery store. Klima stated Case’s summary is correct. CITY COUNCIL MINUTES October 26, 2021 Page 6 There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing; adopt Resolution No. 2021-81 for Planned Unit Development Concept Review on 5.13 acres; approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres; adopt a Resolution No. 2021-82 for a Preliminary Plat of one lot on 5.13 acres; direct staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and authorize the issuance of an early Land Alteration Permit and Footing and Foundation Permit at the request of the Developer subject to the conditions outlined in the permit(s). Nelson asked how likely it is the site will end up being a grocery store. Halker stated he is 100 percent sure the site will be a grocery store and noted he cannot disclose which grocery store as he is restricted by a nondisclosure agreement. Case stated any of the buildings in the City can change under zone-permitted uses, and the Council cannot control the particular enterprises coming into the City. Freiberg asked how the loading dock area will be screened from the housing development. Halker stated it will be challenging for the housing development to see the loading dock area, but they will be able to see green walls on the grocery store. Freiberg asked about the screening height around the recycling area. Halker stated there is landscaping around the area to block the views. Narayanan asked if there was an energy consumption analysis done comparing the old plan and the new plan. Halker said there was no energy consumption analysis completed. Narayanan stated, due to the amount of lights and refrigeration required by a grocery store, it might be worth considering solar panels to power the site. Case noted his interest in solar panels on every flat roof in the City and his hope to incentive future users to implement alternative energy. He asked Klima to speak to where the Council can influence the use of alternative energy sources. Klima stated the usage of alternative energy sources is dependent on the private usage agreement between owner and occupant of the building, although Council and Staff encouraged the installation and use of alternative energy. Staff anticipates future conversations about this topic with the tenant. Case noted Halker stated the grocery store tends to be a progressive company, so they might be interested in alternative energy in the future. Toomey asked if Oppidan would be willing to wire the building for future solar CITY COUNCIL MINUTES October 26, 2021 Page 7 panels. Halker stated the building is already wired for future solar panels. Oppidan cannot push the use of alternative energy onto a tenant, but he has seen it become more and more likely for tenants to utilize alternative energy sources. Getschow stated the City has an agreement with the St. Paul Port Authority wherein the City uses a Property Assessed Clean Energy (PACE) program. There have been a couple of buildings in Eden Prairie which did not have the capital to put solar panels on their building at the outset, and the PACE program assisted those commercial buildings in using solar energy. The commercial buildings would be assessed over time to pay back the funds. Staff will continue to promote the PACE program throughout the City. Nelson noted she would like the City to decide if it can require implementing alternative energy. Case stated proposals bring out the creative side of the Council and creates an opportunity for them to schedule a workshop to allow for further discussion of the topic and potentially form policy. There are about 20 surrounding cities coming together to declare a climate emergency to bring to the State legislature. Narayanan stated it is not clear if the developer has had a discussion with the tenant about clean energy. Halker stated it is ultimately the tenant’s choice, but he has seen more and more retailers implement alternative energy. The tenant will learn about incentives and programs offered by the City which might encourage them to use solar panels. VOTE ON THE MOTION: Motion carried 5-0. B. 2021 SPECIAL ASSESSMENTS (Resolution No. 2021-83) Getschow stated each year, the City Council holds a public hearing to consider levying the Special Assessments which have been identified over the previous 12 months. The Council needs to a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. All relevant parties have been notified. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing for the approval of the 2021 Special Assessments and adopt Resolution No. 2021-83 approving all Special Assessments presented in the fall of 2021. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES October 26, 2021 Page 8 MOTION: Nelson 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.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Report Case stated a previous meeting brought up the discussion of what should be included in locations zoned as neighborhood commercial, including if gas stations should be considered in neighborhood commercial zones. He recommended to direct Staff to look into the matter. Hearing no objection, Case noted there was a consensus by the Council to proceed with the directive. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 2. Presentation of Urban Forestry Master Plan Lotthammer stated the Urban Forestry Master Plan has been reviewed by the Parks, Recreation and Natural Resources Commission, and it is looking for comments and input from the Council to add to the Master Plan. Parks and Natural Resources Manager Matt Bourne stated the Urban Forestry Management Plan was created to have all of the policies and ordinances in one place and to assist in communicating the goals and practices of the Department. The current policies and ordinances are not being changed but rather being compiled. Forestry Technician Lauren Stufft noted the benefits of a healthy urban forest and explained the current tree planting goals include increasing CITY COUNCIL MINUTES October 26, 2021 Page 9 species diversity, using quality tree stock, and planting in proper locations. The Management Plan addresses pruning and maintenance of trees. Bourne explained the Department can control quite a bit of what happens on City property, but the majority of the urban forest is on private property. Therefore, Staff has included public outreach and education strategies in the plan. The plan includes accessed funding sources and partners. The Department utilizes multiple partnerships and funding sources to maximize its efforts. Alex Law, Minnesota GreenCorps member, was instrumental in putting the Management Plan together. Narayanan asked how large the City’s tree preservation fund is. Bourne stated he does not know the exact figure, but it is in the $60,000 range. Narayanan asked how many trees will the $60,000 cover. The funds are used to support the tree sale and to purchase trees and tree bags. Narayanan asked how many trees are on City property. Bourne stated the Management Plan include a goal to replace every removed tree with 1.5 trees. The Parks and Recreation Department has planted over 1,000 trees in the last few years. Case noted he has ready asked about the possibility of Minneapolis having a climate more similar to Kansas City by 2050. Case asked if certain trees in the City would not survive the warming and if Staff is looking at the potential die off in the coming years. Bourne stated Staff has looked at the issue, and the Department has partnered with the Nine Mile Creek Watershed District to do a test study which involved planting trees found on the southern border of Minnesota in the City to see if they would survive. Stufft added the University of Minnesota has created models about what would survive a warming, which the Parks and Recreation Department takes into consideration. Case asked if Eden Prairie has more trees today than in its time since the glaciers. Bourne and Stufft confirmed he is likely correct. MOTION: Toomey moved, seconded by Narayanan, to recognize and accept the Urban Forestry Management Plan. Motion carried 5-0. 3. Frontline Workers Art Therapy Update Lotthammer stated, at the September 21, 2021 City Council Meeting, it discussed the benefits of offering art therapy opportunities to assist and recognize frontline workers. The very next day, Staff was contacted by Relate Counseling Center about art therapy. Staff has conducted research and met with local experts to determine a proposed approach. CITY COUNCIL MINUTES October 26, 2021 Page 10 Staff does not have a formal program to present, but it has a commitment from internal frontline Staff to be a beta test group. Staff would like to use the program on internal frontline Staff, obtain feedback, and then roll it out to the community. There are meetings set up to discuss next steps. Case stated there have been two large civic events led by Staff since the last Council meeting. There was the Citywide Open House and the Harvest to Halloween. Lothammer stated Staff believes about 3,500 people attended the Harvest to Halloween event. Case noted Staff consistently goes above and beyond. 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 5-0. Mayor Case adjourned the meeting at 8:21 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk