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City Council - 09/20/2022APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 2022 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 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2022 MOTION: Narayanan moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, September 6, 2022, and the City Council meeting held Tuesday, September 6, 2022, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES September 20, 2022 Page 2 A. CLERK’S LIST B. SECOND READING OF ORDINANCE 17-2022 TO AMEND CITY CODE CHAPTER 11 RELATING TO EXTERIOR BUILDING MATERIALS AND ADOPT RESOLUTION 2022-100 APPROVING SUMMARY ORDINANCE C. SECOND READING OF ORDINANCE 18-2022 TO AMEND CITY CODE CHAPTER 11 RELATING TO STORMWATER MANAGEMENT AND ADOPT RESOLUTION 2022-101 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION 2022-102 AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERV ICES, INC. (LELS) E. ADOPT RESOLUTION 2022-103 DECLARING COSTS, ORDERING PREPARATION OF 2022 SPECIAL ASSESSMENT ROLL, AND SETTING HEARING DATE F. APPROVE AGREEMENT WITH SRF FOR PRAIRIE CENTER DRIVE AND SINGLETREE INTERSECTION IMPROVEMENTS G. AWARD CONTRACT TO VALLEY RICH CO., INC. FOR WATERMAIN VALVE REPAIRS H. APPROVE AGREEMENT WITH REZATEC GLOBAL, INC. FOR PERFORMING WATER DISTRIBUTION PIPELINE ASSESSMENT AND PROVIDING PIPELINE LEAKAGE RISK MANAGEMENT PLAN I. APPROVE AGREEMENT WITH SAMBATEK FOR CIVIL ENGINEERING AND DESIGN SERVICES FOR REHABILITATING FOUR SANITARY SEWER LIFT STATIONS J. AWARD CONTRACT TO KILLMER ELECTRIC COMPANY, INC. FOR MILLER PARK LIGHTING INSTALL K. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR FLYING RED HORSE MONUMENT L. AWARD CONTRACT TO AURORA ASPHALT & CONCRETE FOR EDEN PRAIRIE 2022 SIDEWALK HAZARD REPAIR M. AWARD CONTRACT TO ODESSA II FOR STARING CITY COUNCIL MINUTES September 20, 2022 Page 3 AMPHITHEATER AND RETAINING WALL IMPROVEMENTS Toomey asked for clarification on the Consent Agenda Item K. Authorize Agreement with WSB for Design and Construction Documents for Flying Red Horse Monument. Case noted the original gas station and then the donated Flying Red Horse Monument has been a symbol of entering Eden Prairie for many years. Lotthammer confirmed the donation was received in the 1930s. There has been differing opinions about the restoration and new location, and the proposed location is very close to the original one. It is meant to be a display rather than an advertisement for Mobil. The item is meant to enter into an agreement with an architecture company to ensure everything is structurally sound. Narayanan asked if the monument will have a plaque with a description of the history. Lotthammer noted there will be wayfinding and two interpretive signs as part of the plaza. He added there has been some media traction where the story can also be shared. Case commended the Staff for their work in restoring the monument while also making fiscally conservative decisions. Lotthammer added the item is meant to be a step forward in the design process. MOTION: Nelson moved, seconded by Toomey, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. CODE AMENDMENT FOR TEMPORARY SALES EVENTS by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Temporary Sales Events (Ordinance) Klima stated temporary sales events provides retail businesses an additional special event option. Each retail parcel gets four events per year with up to four days per event. The size is based on the floor area of the business. The change was requested by the business community. Klima explained the temporary sales events impose no restrictions on the parking impact. It would be required the business only sell what is available in the store. Multi-tenant sites will need to manage events. With its six parcels, an event can be held at the Eden Prairie Center for 24 weekends each year. Klima noted special events can be a slipper slope, but there is a desire to balance opportunity for businesses without detracting from the City’s high commercial standards. CITY COUNCIL MINUTES September 20, 2022 Page 4 The Planning Commission voted 6-1 (nay vote by Sherwood) to recommend the City Code amendment related to temporary sales events at the August 22, 2022 meeting. Freiberg asked what the rationale for the four percent restriction is. Klima stated Staff researched other regional communities and their standards. Currently, the outdoor space is limited to two percent, but this is a more limited time frame proposed. Staff identified several businesses and determined the impact of a temporary sales event based on the four percent rule would have minimal impact on parking. Freiberg asked how many square feet Scheel’s is. Klima stated it is 250,000 square feet. Freiberg noted it would be 10,000 square feet of outdoor space. Klima added Scheel’s was the requesting business for the change, and it would be more in line with what its other locations can do. Case stated if there was a festival or event at Eden Prairie Center, it would take up a majority of the parking. He asked if the mall could handle that. Klima confirmed Staff considered the potential of multiple events occurring at one time at the mall. There are six separate parcels at the mall, so there would be enough space to have multiple events. Narayanan asked if the same scenario would work for a strip mall. Klima showed a slide with photos depicting the potential of four percent of the business’s square footage and its impact on parking. Narayanan stated if multiple stores had an event at one time in a strip mall, it would impact parking. Klima stated each parcel can have only four events per year, and they would be limited to four percent of the building’s square footage. The City would work with the businesses to ensure there is no negative impact on other businesses or parking. Nelson asked if the Code includes philanthropic events such as a blood drive. Klima stated the Code doesn’t address philanthropic event, but Staff would consider it as an option if it were to come up. If there were several requests received, then an additional Code amendment would be considered. Case noted the Code should promote and allow for flexibility with philanthropic efforts such as a blood drive. Freiberg noted he has seen blood drive trucks and the like, but it may not be in line with Code. Getschow confirmed there have been philanthropic requests, and it has been channeled through certain business and sales Codes. It is more common for a blood-mobile to be in a business park or office area than in a retail space. Case added the Code should be flexible enough to support philanthropic efforts without being abused. CITY COUNCIL MINUTES September 20, 2022 Page 5 There were no comments from the audience. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing, and to approve the 1st reading of the ordinance to amend City Code Chapter 11 relating to Temporary Sales Events. Motion carried 5-0. B. CODE AMENDMENT FOR SIGN CODE by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Sign Code (Ordinance) Case noted the flowers by Klima are for Katie O’Conner who has a new role with the County, and will be leaving her job with Eden Prairie. Klima explained the proposed sign Code amendments are part f a larger phased project to update the City’s sign code and make it clearer and more user- friendly. The content neutral sign component was approved in February. Currently, Staff is working to update the Office and RM-2.5 sign allowances and establish Town Center and Transit-Oriented Development (TOD) sign allowances. Later on, some of the Code will be reorganized for clarity and ease of use. Klima stated the proposed amendment increases freestanding sign allowance from 50 square feet to 80 square feet with one street frontage. Additional street frontages continue to be allowed 36 square feet of signage. The increase provides consistency with freestanding signs in commercial and industrial zoning districts. Klima noted the proposed amendment allows for sliding scale of signage based on size of wall area and provides a maximum sign are. The total square footage allowed can be divided between multiple signs, as long as the total square footage does not exceed the maximum sign area allowed. Klima stated the current RM-2.5 Code allows for permanent signage for one six square foot sign per building. The proposed amendment would increase the allowed signage up to 25 square feet, which would allow for better visibility and flexibility. Klima added the Town Center and TOD areas have unique aspects and are lacking sign Codes. The proposed change would maintain current commercial allowances with additional options. The awning signs would count towards the building’s total wall sign allowance. Projecting signs would also project towards the building’s total wall sign allowance. The projecting sign could be no more than 10 square feet and have other restrictions for size and brightness. Klima stated for residential sign usage, when located at the ground floor, the maximum size allowed would be 25 square feet. An additional sign is allowed CITY COUNCIL MINUTES September 20, 2022 Page 6 about the ground floor and the size is calculated o a sliding scale, allowing for additional sign size based on the location of the sign on the building. His includes a maximum sign size of 50 square feet. Klima noted Staff is proposing additional freestanding signage allowance. One sandwich board sign would be allowed per tenant with 12 square feet per side, which is fairly standard. There must also be clear path for pedestrians. It is proposed to be expanded to all non-resident zoning districts as current Code does not allow for freestanding signs. The Planning Commission voted 7-0 to recommend the City Code amendment related to sign code at the August 22, 2022 meeting. Nelson asked if the offices could have a sign only on one side but have an extra-large sign with the proposed amendments. She asked if there is a single maximum size. Eden Prairie has always stayed away from large signs. Klima stated the proposed office wall signage does have a maximum signage restriction, which is close to 150 square feet total. There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amended City Code Chapter 11 relating to the Sign Code. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, 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 A. ADOPT NEW SECTION IN CITY CODE, 5.78, RELATED TO SALT STORAGE (Ordinance) Ellis explained the City of Eden Prairie is required to obtain a Phase II NPDES Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA) every five years. The City’s current permit requires controls on salt storage and transfer to be in place by October 22, 2022. Several other cities are going through the same process. This ordinance is based on a model ordinance provided by the MPCA and brings City Code into compliance with state and federal requirements. In short, if salt must be stored outdoors, there must be some impervious cover. CITY COUNCIL MINUTES September 20, 2022 Page 7 MOTION: Narayanan moved, seconded by Freiberg, to approve First Reading of an Ordinance Adding City Code Section 5.78 relating to Storage of Deicing Materials. Motion carried 5-0. 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 Case noted he received text input during the meeting, and he received an interest question. The person asked if gun retailers could sell guns in the parking lot with the new Code amendment. Klima stated the federal rules for gun sales would take precedence. She noted Staff would look into other governing rules. XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:42 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk