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City Council - 10/18/2022 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 18, 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, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, 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. Council Member PG Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution No. 2022-110 ) Lotthammer explained the first donation is from Summit Place for the Senior Center Fall Lunch and Holiday Lunch. He noted many organizations also donate their time and talent to the Senior Center. Case noted the donations are really helpful to extend tax dollars. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2022-110 accepting the contribution in the amount of $200 for Senior Center Fall Lunch and $200 for the Holiday Lunch from Summit Place. Motion carried 4-0. B. ACCEPT DONATIONS FROM AMERICAN KARATE STUDIO AND WELLSPRING HEALTH CENTER FOR HARVEST TO HALLOWEEN EVENT (Resolution 2022-114) CITY COUNCIL MINUTES October 18, 2022 Page 2 Lotthammer explained this item is to accept a donation for Harvest to Halloween from American Karate Studio and Wellspring Health Center. Thousands of people attended the Harvest to Halloween event on Saturday, October 15 at Riley-Jacques Barn. This free event features a variety of family activities, with a free pumpkin decorating station among the most popular for youth of all ages. Case asked if Lotthammer knew the numbers for attendance at the Open Houses. Lotthammer stated Getschow may know the numbers for attendance. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2022-111 accepting the contribution in the amount of $250 towards the Harvest to Halloween event with $150 from American Karate Studio and $100 from Wellspring Health Center. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case stated the current government started as a township. The first mayor was Don Rogers. There have been about ten Mayors throughout the history of Eden Prairie. Wolfgang Penzel recently passed, and Case would like him to be recognized that evening on the agenda. MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 4, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 2022 MOTION: Freiberg moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, October 4, 2022, and the City Council meeting held Tuesday, October 4, 2022, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF ORDINANCE NO. 21-2022 TO AMEND CITY CODE CHAPTER 11 RELATING TO SIGNS AND ADOPT RESOLUTION NO. 2022-112 APPROVING SUMMARY ORDINANCE CITY COUNCIL MINUTES October 18, 2022 Page 3 C. APPROVE CONTRACT FOR MATERIALS AND SUPERVISION OF LOCOMOTIVE WATER TANK CONSTRUCTION AT DEPOT WATER STORAGE FACILITY TO INTERNATIONAL TANK AND PIPE D. AWARD CONTRACT FOR RIVERVIEW ROAD GUARDRAIL REPLACEMENT PROJECT TO NEW LOOK CONTRACTING E. APPROVE RESOLUTION NO. 2022-113 AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM MOTION: Toomey moved, seconded by Freiberg, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. SITE PLAN REVIEW FOR FAÇADE REMODEL AT 7975 WALLACE ROAD BY 360 WALL SYSTEMS, INC (Resolution No. 2022-114) Getschow stated the applicant is requesting approval of a façade remodel for 7975 Wallace Road. The applicant is proposing to remodel the front of the building on three façades visible from Wallace Road to create an updated look for the building. The façade remodel is code compliant. Getschow added the request was simple, so it did not go before the Planning Commission and it does not have multiple hearings. Getschow pointed out the applicant was present. Kevin Raasch, representative of 360 Wall Systems. The request is a simple façade remodel to dress it up and add metal access panels. He showed photos of the existing conditions and proposed work. The concrete block would be painted a dark gray and aluminum wood look siding above the windows. Case explained Eden Prairie has done a good job of having all four sides of the building with a façade. Mr. Raasch explained the backside of the building has been painted a cream color previously, has no storefront glass, and is used by another tenant. Case stated he wouldn’t mind having the back remain the same, but he would like consistency with other requests. Klima stated the building is from the 1960s, so the current standards don’t apply. Getschow agreed it is hard to see the back of the building and it is another tenant. CITY COUNCIL MINUTES October 18, 2022 Page 4 Freiberg stated tongue and groove aluminum siding is cool. Mr. Raasch stated it is supposed to look like wood without the maintenance requirements. He added it is expensive. There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2022-114 for a Site Plan Review on three acres. Motion carried 4-0. B. PUBLIC HEARING FOR APPROVAL OF 2022 SPECIAL ASSESSMENTS AND ADOPT RESOLUTION NO. 2022-115 APPROVING SPECIAL ASSESSMENTS Getschow stated the assessments are sent to Hennepin County after consideration by the City. The assessments are typically related to infrastructure projects. It is also time to assess contracted removal such as grass or tree removal. There is interest associated with the assessment because Staff has to go onto the property and remediate. A rate tied to a bond rating percentage is used. It would likely be similar to other cities’ fees. There were no comments from the audience. Case noted some students were present at the meeting. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Nelson noted there is more tall grass removal than normal. She asked what is different about the current year. Getschow stated the numbers are pretty regular, but there are several restaurants with tall grass removal which may make it seem like more. Case pointed out there is a code that requires grass be a certain height which helps to preserve the quality of the community. MOTION: Toomey moved, seconded by Nelson, and to adopt Resolution No. 2022-115 approving all Special Assessments presented in the Fall of 2022. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES October 18, 2022 Page 5 A. FIRST READING OF ORDINANCE REPEALING CITY CODE SECTION 2.33 RELATED TO CRIMINAL HISTORY BACKGROUND CHECKS Getschow explained prior to 2013, a city could only access criminal-history data from the Bureau of Criminal Apprehension (BCA) to conduct background checks for employment or licensing purposes if it enacted a local ordinance authorizing such background checks. In 2013, the legislature adopted Minnesota Statutes Section 299C.72, which provided statutory authorization for law enforcement agencies, including city police departments, to conduct background history checks on applicants for employment and licensure. City Code Section 2.33 is therefore no longer needed, and the BCA advised that cities should no longer use local ordinances as authority for conducting background checks. MOTION: Freiberg moved, seconded by Toomey, to approve First Reading of an Ordinance repealing Section 2.33 of the Eden Prairie City Code relating criminal history information. Motion carried 4-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATED TO TOBACCO Getschow stated Eden Prairie City Code Section 5.35 regulates the sale of tobacco in the City. The Minnesota legislature adopted certain amendments to the state’s tobacco-related laws in 2020, and the proposed ordinance incorporates these amendments into Section 5.35. Getschow explained the changes include revising the definitions of “electronic delivery device” and “tobacco-related products”, adding a definition for “tobacco-products shop”, amending administrative penalty amounts for selling tobacco-related products to persons under the age of 21, and updating penalties for persons under 21 who purchase or attempt to purchase tobacco products with a false identification. Rather than a criminal citation, violators will now be subject only to alternative civil penalties, which may include tobacco-free education programs, community service, or diversion programs. Getschow added there is a change to combine the tobacco and THC codes and have similar consequences. Case noted his appreciation of education and community service rather than a criminal punishment for any violations. Freiberg asked what the financial consequences were previously. Klima stated the fines used to be $75, $200, or $250 dollars. The proposed change would have fines of $300, $600, and $1,000 to align with State statute. CITY COUNCIL MINUTES October 18, 2022 Page 6 MOTION: Freiberg moved, seconded by Nelson, to approve First Reading of an Ordinance amending City Code Chapter 5, Section 5.35 Relating to Tobacco. Motion carried 4-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Open House and Harvest to Halloween – Mayor Case Case asked if Lori Brink was the lead on both of the events. Lotthammer confirmed Brink was the main person behind each of the events. Case asked how many Staff were involved in the events. Lotthammer stated about 25 Staff were at Harvest to Halloween along with volunteers. Getschow added the Open House was City-wide. It used to be alternating years, but the popularity showed the need for an Open House for all Departments each year. Commissions also had some tables, as did the City Council. The Open House ran out of free hot dogs, and there were about 750 hot dogs. The Open House likely saw 1,000 guests. Case stated he wants Eden Prairie to continue having events that make the City feel connected and like a small town. Case congratulated Lori Brink and other Staff for their successful events. Toomey noted her agreement. Nelson noted the outdoor items were fun for youth and other community members. Freiberg pointed out many Staff such as the Fire Department got down on the level of children to make a connection. He thanked Staff for creating a safe environment for community members to have fun. 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 CITY COUNCIL MINUTES October 18, 2022 Page 7 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:36 p.m. Respectfully submitted, _________________________ Nicole Tingley, City Clerk