City Council - 01/18/2022APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 18, 2022 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 Julie Klima, Parks and Recreation
Director Jay Lotthammer, Police Chief Matt
Sackett, Fire Chief Scott Gerber, and Acting City
Attorney Joshua Dorothy
I. CALL THE MEETING TO ORDER
Acting Mayor Kathy Nelson called the meeting to order at 7:00 PM. Mayor Case was
absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS A. DR. MARTIN LUTHER KING, JR. PROCLAMATION
Acting Mayor Nelson read the Proclamation in full, “Whereas, the City of
Eden Prairie’ s City Council and Human Rights Diversity Commission
sponsors the Human Rights Award program, recognizing those who work to
create an inclusive community spirit through their actions, activities, and
programs; and whereas, the City of Eden Prairie recognizes that Dr. Martin
Luther King, Jr., had a dream and dedicated his life to helping freedom exist
for all people through his commitment to human rights and his nonviolent
philosophy; and whereas, the City of Eden Prairie reaffirms its commitment to
fostering diversity in our community through the Eden Prairie Manifesto.
Now, therefore, be it resolved, that the City of Eden Prairie hereby proclaims
2022 as a year to celebrate human rights and diversity, and asks all residents to
continue their commitment and concern for equal rights for all persons, to
dedicate themselves to helping those who do not yet share in that freedom, and
to join the City of Eden Prairie in recognizing and celebrating Dr. Martin
Luther King, Jr.’s dream.”
CITY COUNCIL MINUTES January 18, 2022
Page 2
B. DR. MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST ANNOUNCEMENT
City Manager Rick Getschow stated there were members from the Human Rights and Diversity Commission present.
Hina Kazama, Human Rights and Diversity Student Commissioner, announced the beginning of the Martin Luther King Jr. Words in Action Contest. The goal of the Martin Luther King Jr. Words in Action Contest is to encourage young residents to reflect on the vision of Dr. King and actions Eden Prairie residents can take today to move toward his ideals. She gave details about submissions for the Contest. She noted there is a committee to set up to review the submissions, and there will be an opportunity for cash prizes and presenting the works at the City Council meeting. C. HUMAN RIGHTS AWARD ANNOUNCEMENT Getschow introduced Human Rights and Diversity Commissioner Asad Aliweyd to explained the annual Human Rights Award. Asad Aliweyd stated the goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. He noted there are many talented groups in the community, and the Human Rights and Diversity Commission looks forward to recognizing them. Mr. Aliweyd provided details about the timeline for the award. Nelson thanked the Human Rights and Diversity Commission for their continued work. D. ACCEPT DONATION OF $300 FROM HOME INSTEAD FOR SENIOR CENTER EVENTS (Resolution No. 2022-20) Parks and Recreation Director Jay Lotthammer explained this item is to accept a donation from Home Instead to go to the Senior Center to fund three portions of three Senior Center events: May Shred Truck, Golf Classic, and the Veterans Breakfast. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-20 accepting the donations in the amount of $300 from Home Instead to go towards Senior Center events. Nelson thanked the donor.
CITY COUNCIL MINUTES January 18, 2022
Page 3
E. ACCEPT DONATION OF $500 FROM SOUTHWEST TRANSIT FOR SPECIAL EVENTS AT THE SENIOR CENTER (Resolution No. 2022-21)
Lotthammer explained this item is to accept a donation from Southwest Transit to be used towards the Senior Center Shred Event, Senior Awareness month events, Garden Party, Fall Lunch, and Holiday Lunch from SW Transit. He
noted they also usually provide volunteers for the events. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2022-21 accepting the donations in the amount of $500 from Southwest Transit for various special events at the Senior Center. Nelson thanked the donor. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0.
VI. MINUTES F. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 4 , 2021 G. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 4, 2021, and the City Council
meeting held Tuesday, January 4, 2021, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Nelson pointed out item D. Approve use of $50,000 in CDBG-CV CARES Act Funds for Homeless Prevention. A. CLERK’S LIST B. RESOLUTION AMENDING RESOLUTION NO. 2022-22 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2022 C. APPROVE CONTRACT TO PURCHASE VESTA 911 PHONE SYSTEM SUPPORT FROM INDEPENDENT EMERGENCY SERVICES (IES) FOR DISPATCH 911 SYSTEM
CITY COUNCIL MINUTES January 18, 2022
Page 4
D. APPROVE USE OF $50,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION E. SHUTTERFLY by Tempus Eden Prairie, LLC. Approve second reading of an Ordinance for Planned Unit Development District Review with waivers on
16.2 acres, Adopt a Resolution for Site Plan Review on 16.2 acres (Ordinance No. 2-2022-PUD-1-2022, Resolution No. 2022-23 for Site Plan Review, Development Agreement) F. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREET LIGHTING FIXTURE CHANGE TO LED COBRA HEADS MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-F on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. NOR-SON EDEN PRAIRIE OFFICE by Nor-Son, Inc. Adopt a Resolution for Comprehensive Guide Plan Change from Regional Commercial to Office
on 1.66 acres, Adopt a Resolution for Planned Unit Development Concept Review on 1.66 acres, Approve first reading of an Ordinance for Planned Unit Development with waivers on 1.66 acres (Resolution No. 2022-24 for Comprehensive Guide Plan Change, Resolution No. 2022-25 for PUD Concept Review, Ordinance for District Review with waivers) Jesse Hopkins, Nor-Son Project Architect, introduced himself. The applicant is requesting approval to construct an approximately 15,400 square foot, two story office building at 7544 Market Place Drive. The property is 1.66 acres and located north of the I-494 and US-212 interchange. Mr. Hopkins noted the property is currently a parking lot. Parking is proposed along the north and east sides of the building, adjacent to neighboring property parking lots. Mr. Hopkins showed photos of the current landscape and an aerial survey graphic of the land. Mr. Hopkins explained the soil tops and the plan for the site improvements. They will properly prepare and grade the ground. He showed a proposed site plan, which includes special parking for carpools and bike parking. They are requesting a front yard setback waiver. Mr. Hopkins explained they have been working with the watershed district to determine water flow. They have a plan in place for the stormwater, and there
CITY COUNCIL MINUTES January 18, 2022
Page 5
will be an underground storage chamber. Mr. Hopkins showed a utility plan for the site. Mr. Hopkins noted Nor-Son are also asking for a waiver on building material standards. Office buildings are required to have a minimum of 75 percent Class I materials on each building façade. The use of metal panels along the roofline and second story portions of the building increases the amount of Class II materials beyond City Code requirements. On average, the façades of the building have 69 percent Class I materials and 31 percent Class II materials. The highest ratio is 71 percent Class I to 29 percent Class II on the west façade, and the lowest ratio is 65 percent Class I to 35 percent Class II on the east façade. Mr. Hopkins stated the concept does not take away green space, uses environmentally insulation, and uses LED lighting system. The building will have high energy efficiency. He noted he is happy to answer any questions of the Council.
Getschow stated Mr. Hopkins gave a good overview of the project. Getschow noted the Planning Commission unanimously recommended the project, and there was no one from the public there to address the project at the Planning
Commission meeting. Narayanan asked how many employees will be at the facility. Mr. Hopkins stated there would be up to 40 individuals. Toomey asked how many trees they will be losing. She read the report that a majority of the trees will be gone anyways as they are Ash trees. Mr. Hopkins stated the soil is not suitable for building or hardscape improvements. Therefore, the ground was not initially improved well. The perimeters will be left untouched, but there is not an opportunity to preserve other plants otherwise. Freiberg stated the parking lot seems unused currently. Mr. Hopkins confirmed it was an unused lot. Freiberg thanked him for his presentation. Narayanan noted Eden Prairie looks forward to their business. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2022-24 for the Guide Plan Change from Regional Commercial to Office on 1.66 acres, to adopt Resolution No. 2022-25 for the Planned Unit Development Concept Review on 1.66 acres, approve the First Reading of an Ordinance for the Planned Unit Development District Review with waivers on 1.66 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council
CITY COUNCIL MINUTES January 18, 2022
Page 6
conditions Freiberg stated the building is very nice looking. Nelson agreed the building is very good-looking and noted the Planning Commission fully supports the build. Motion carried 4-0. B. CODE AMENDMENT FOR SIGNAGE by City of Eden Prairie. Approve first reading of an Ordinance to amend City Code chapter 11 relating to content neutrality in signage regulations (Ordinance)
Getschow introduced City Planner Julie Klima to continue the presentation.
City Planner Julie Klima stated the Staff’s work plan includes a comprehensive Sign Code update. At the March 2, 2021 City Council workshop, Staff presented information on the Sign Code Update. The first issue to address its he content neutrality aspect. There was a 2015 Supreme Court Case addressing sign neutrality across the nation. There are also housekeeping issues needed in the Code. Klima explained the purpose of the Code update is not to establish a new sign code but to revise the existing code. They want to create sign code regulations specific to newly created zoning districts which have been established over the past several years, to reorganize where necessary for user friendliness, and to provide periodic and necessary housekeeping updates to reflect current sign terminology, consistency in application, and provide for flexibility where possible. Klima showed a slide with a few content neutral amendments to the Code. One example is the signs will be allowed based on the corresponding Zoning District. Additionally, religious facilities in the Public Zoning District are allowed to have signs based on the regulations of the Public Zoning District. Klima added, in the Planned Unit Development, a sign would be allowed with
the same square footage as currently allowed. Klima noted there are minor wording changes and synthesized provisions within the Code to allow for more clarity. Klima offered to answer any questions.
MOTION: Narayanan 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 the Sign Code. Motion carried 4-0. X. 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,
CITY COUNCIL MINUTES January 18, 2022
Page 7
Toomey, and Nelson voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 5.72 AND 9.11 RELATING TO RENTAL HOUSING Getschow stated there was a detailed workshop on rental housing in December. The Ordinance specifies the period they issue a license, required notification about change in ownership, application processes, and bringing the Ordinance in line with how people can apply and renew licensure. It is not changing the elements of the program. He noted the Ordinance does not need a public hearing. Freiberg asked if there are properties in the City which are being rented and unlicensed. Getschow stated there is a possibility in some single-family homes or duplexes. Freiberg asked if they can do anything to monitor it. Getschow stated he cannot give an exact number of how many properties are being operated without rental licensure. He explained many cities have this program, so landlords are likely to know about the program. However, there could be more information on the program provided to people who do not rent out multiple properties. Nelson asked if the Ordinance applies to a one-off rental for a week or so. Getschow stated the Ordinance specifies a time frame for rentals. Typically, the situations are typically for long-term rentals. He added the Ordinance will come back for a second reading, and he will get more details on the time specification to bring back for the reading.
MOTION: Narayanan moved, seconded by Freiberg, to approve first reading of an ordinance amending City Code Chapter 5, Section 5.72 relating to
Licensing of Rental Housing and City Code Chapter 9, Section 9.11, relating to Rental Housing Motion carried 4-0.
Getschow stated the Ordinance covers any rentals longer than 30 days. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
CITY COUNCIL MINUTES January 18, 2022
Page 8
B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Park Building Update
Lotthammer stated Staff has been working with the Parks and Recreation Commission to determine how to update the building. He showed a slide with a picture of the current building. Due to age and
condition, it primarily serves as a warming house. There are also no rentals at the facility due to design and condition. Lotthammer showed an aerial view of the proposed building. They would use a similar footprint. There will be solar panels and a green roof incorporated into the design. He noted there will be good views of the lake from the building. Lotthammer stated there will still be a warming house, but it will be smaller than the current house. Also, there will be a rental space for up to 50 people, similar to that of Staring Lake. The Parks and Recreation Department is overwhelmed with the amount of requests for rentals. Lotthammer pointed out the bathrooms can be accessed from the inside or outside, and they can be locked from the inside or outside. Additionally, there are changing rooms and a family bathroom which are accessible. Lotthammer showed a slide with external renderings of the proposed building and then a slide from inside the community room facing the lake. He noted there were garage doors depicted in the rendering shown, but they do not want to go with that option due to energy efficiency issues.
Lotthammer stated sustainability options include solar power, a green roof, water disbursement, high efficiency heating and cooling, and added upfront costs.
Lotthammer stated the estimate was initially $1.25 million in the Capital Improvement Plan. The Staring Lake Building cost $1.4 million. However, based on the market and expansion in the building, the current estimate is $2.1 million. He noted the current building has been used for forty years, and the proposed building should be looked
CITY COUNCIL MINUTES January 18, 2022
Page 9
at as a 30-year investment. Lotthammer stated they have been working on construction documents and concept plans. They hope to obtain big results and receive Council approval in March or April. From there, they could start construction in July after the Hometown Celebration. They hope they could have a grand opening in the Fall or early 2023. Toomey asked what will be planted on the green roof. Lotthammer stated it would be short grasses. Staff will likely recommend a tray system for easy replacement. Toomey asked if they could use clover or other bee-friendly plants. Lotthammer stated there will likely be various types of plants that don’t require mowing. Freiberg stated the presentation was great, and the building plans look beautiful. He stated the $2.1 million is pricy and asked if they could remodel the building instead of starting from scratch. Lotthammer stated there is a lot of block structure in the current building, and he does not know of a builder that would recommend building off the current building. Additionally, the bathrooms are barely handicap-accessible. He added the cost reflected the size of the building and the quality of the design. Also, there is something to be said about having a nice space to rent out.
Lotthammer stated the Capital Improvement Plan is set up to do replacement. This project would have the ability to use Parks and
Recreation cash fees to cover the project beyond what is allotted in the Capital Improvement Plan.
Getschow stated the original number used was created two years ago, and they need to update the ten-year plan every two years. There has been a lot of development in Eden Prairie to counteract the high cost of
building currently. They will update other estimates because they will have more funding due to the higher amount of development than expected.
Narayanan stated the building is beautiful. Eden Prairie keeps on innovating. They are not removing any trees, there are solar panels,
and there is a charging station. He stated he trusts Staff to get the best funding for the building.
Narayanan asked if there would be any audio/visual capabilities. He asked if they considered having a fireplace in the rental room as that would be a benefit to winter rentals. Narayanan suggested the addition
CITY COUNCIL MINUTES January 18, 2022
Page 10
of an outside grill for public use. Lotthammer stated there is a television screen in the rental room and a kitchenette available for use. There are a couple grills near the building. If a food truck wanted to use the area, there is room on the patio. People tend to think about building costs for houses, but the materials and accessibility features required for a public space is more expensive. Lotthammer added they plan to use durable materials from local entities. Lotthammer explained it is important to use high-quality materials as it must uphold through use by hundreds of residents, spray paint, or whatever else a public building may need. Nelson asked if there is room for food or vending machines, particularly in the warming house area. Lotthammer stated COVID-19 has put a hold on those options currently. However, they hope to put a refrigerator in the rental space and then a hot chocolate machine and a healthy vending machine in the warming area. Nelson asked how many electric car parking spaces there will be near the building. Lotthammer stated they have put two into the plan, and they hope to put more in near the skate park down the line. There is an opportunity to scale that out. He noted each charging location can charge two cars at once. 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 4-0. Acting Mayor Nelson adjourned the meeting at 8:00 p.m. Respectfully submitted, _________________________ Nicole Tingley, City Clerk