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City Council - 03/07/2023 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 7, 2023 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, 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 A. ACCEPT DONATION FROM CHOICE CONNECTS TO SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-30) Lotthammer explained the donation was from Choice Connections to support Bingo and the Holiday Lunch at the Senior Center. Case noted donations such as this allow taxpayer dollars to stretch farther. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2023-30 accepting the donation in the amount of $200 from Choice Connections for Senior Center special events. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2023 CITY COUNCIL MINUTES March 7, 2023 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 2023 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, February 21, 2023, and the City Council meeting held Tuesday, February 21, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE PURCHASE OF INFRARED ILLUMINATORS FROM STEELE INDUSTRIES INC. B. ADOPT THE AMENDED EDEN PRAIRIE CITIZEN PARTICIPATION PLAN FOR THE 2020-2024 EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN C. SECOND READING OF ORDINANCE NO. 5-2023-PUD-1-2023 FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 0.99 ACRES- DAIRY QUEEN (Resolution for Site Plan No. 2023-31) D. ADOPT RESOLUTION NO. 2023-32 APPROVING APPLICATION TO THE HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT PROGRAM FOR THE TOWN CENTER – FLYING RED HORSE PUBLIC PLAZA AND GTA TRAIL E. APPROVE DROP OFF DAY MATERIAL DISPOSAL AGREEMENT WITH REPUBLIC SERVICES F. APPROVE COST SHARE AGREEMENT WITH RPBCWD FOR SMITH COFFEE RAIN GARDEN PROJECT G. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT (Resolution No. 2023-33) H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH RAM BUILDINGS INC. FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING I. APPROVE LEASE AGREEMENTS FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING WITH THE EDEN PRAIRIE FOOTBALL, EDEN PRAIRIE BASKETBALL, AND EDEN PRAIRIE SOCCER ASSOCIATIONS CITY COUNCIL MINUTES March 7, 2023 Page 3 J. APPROVE AGREEMENT WITH TREE TRUST FOR MANAGEMENT OF THE ARBOR DAY TREE SALE K. ADOPT RESOLUTION NO. 2023-35 AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR TWO SETS OF SOCCER GOALS L. ADOPT RESOLUTION NO. AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR PLAY STRUCTURES M. AWARD CONTRACT TO PALADIN TECHNOLOGIES INC. TO INSTALL CARD ACCESS AND CAMERA SECURITY IN THE ROUND LAKE PARK SHELTER MOTION: Nelson moved, seconded by Narayanan, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE MULTIFAMILY BY RYAN COMPANIES RESOLUTION NO. 2023-36 OF DENIAL Getschow stated the applicant submitted applications to construct a 211-unit multifamily apartment building on a 7-acre property located in the northwest quadrant of the intersection of Valley View Road and Topview Road. The proposed building is five stories with one level of underground parking. The applications include Guide Plan Change, PUD Concept Review, PUD District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat. The City Council held a public hearing on the project on August 16, 2022 and directed staff to prepare findings for denial of the applications. He noted the Comprehensive Plan guides the area for commercial rather than residential. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2023-36 Denying the Applications of Ryan Companies for a Comprehensive Plan Amendment, Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat for the Eden Prairie Multifamily Project. Motion carried 5- 0. B. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 6- 2023 AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE HERITAGE PRESERVATION COMMISSION AND THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION CITY COUNCIL MINUTES March 7, 2023 Page 4 Getschow noted the Council recently conducted interviews for Commissions and noted two Commissions could be expanded. It has been done previously with the Human Rights and Diversity Commission and Sustainability Commission. Getschow explained currently, the membership of the Heritage Preservation Commission is set at seven members. Adjusting the Heritage Preservation Commission to a range of seven to nine members, instead of seven members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Getschow added the current membership of the Parks, Recreation, and Natural Resources Commission is set at seven to nine members. Adjusting the Parks, Recreation, and Natural Resources Commission to a range of seven to eleven members, instead of seven to nine members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Getschow pointed out the expansion vote would need to be unanimous in order to combine the first and second readings. The vote is particularly important considering commission appointments are later on in the agenda. MOTION: Nelson moved, seconded by Freiberg, to approve First and Second Reading of an Ordinance No. 6-2023 Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Heritage Preservation Commission and the Parks, Recreation, and Natural Resources Commission. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan, 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. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION NO. 2023-37 APPROVING THE USE OF 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS RECOMMENDED BY THE EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE Getschow stated every year there is a public hearing and a resolution adopted to allocate Community Development Block Grant (CDBG) funds. Eden Prairie’s 2023 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff estimates a 2023 allocation of $280,000, and CITY COUNCIL MINUTES March 7, 2023 Page 5 this figure was used by the Human Services Review Committee to make its funding recommendations for 2023. Once the actual allocation amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. Getschow noted about one-third of the funds go towards housing funds such as the housing rehab program, first-time homebuyer program, housing trust program, and other rehab loans. Getschow explained there are regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year Program Income received. An additional $80,000 in prior year Program Income will be used for 2023 activities which will bring the total funding amount to $360,000 which includes the maximum public service funding amount of $67,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. Getschow stated the Human Services Review Committee reviewed the 2023 CDBG proposals and recommends the following activities be funded. $30,000 to PROP for Housing Support Services, $15,000 to PROP for Emergency Vehicle Repair, $,000 to PROP for childcare, and $18,000 to Household and Outside Management for the Elderly (HOME) through Senior Community Services. Case noted the allocations of CDBG through HUD are based on population. He asked if there is an update on applying for additional funds based on information from his trip to Washington D.C. Getschow stated it likely wouldn’t be an application process but instead an additional allocation. John Berkau, representative of HOME, stated the program supports seniors to age in place through home maintenance, repair, and home safety checks. In 2022, HOME started a technology service to help educate seniors. They offer appointments in-home or at the Senior Center. Laptops and tablets were donated from the City and are available for seniors to check out. He added there were also gifts donated and distributed to seniors. He thanked the City for their ongoing partnership and support. Brenda Lano-Wolke, Executive Director of Homes Within Reach, explained housing prices are still extremely high. As of January 1, 2023, the average sale price was over $450,000. Homes Within Reach buy older homes in communities and make them safer for living. The goal is for the new homeowner to avoid doing any repairs on the home for about 10 years. Ms. Lano-Wolke noted Homes Within Reach have helped 23 community members in Eden Prairie to afford a home. The average income of those families is 50 percent area median income. One family they helped was a single mother who commuted 40 miles for her daughter to attend school and CITY COUNCIL MINUTES March 7, 2023 Page 6 for her to work in Eden Prairie. Jennifer Loon, Executive Director of PROP, thanked Eden Prairie for the excellent ongoing partnership with PROP. The funds have helped to provide childcare in times of dire need and also to increase access to housing. In comparison to the previous fiscal year, there has been a 100% increase in car repair, nine times as many childcare assistance cases, a 64 percent increase in housing support. The funds for the current fiscal year have almost all been expended in only seven months, so the allocations from Eden Prairie are needed and impactful. Narayanan asked why the services are increasing so much. Ms. Loon stated inflation, high rent prices, and lack of affordable housing have impacted the increase in need for services. They have also been working with families that has experienced domestic violence or other difficult circumstances such as job loss and sickness. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing, and to adopt Resolution No. 2023-37 approving the distribution of 2023 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Case stated the local government cannot provide all of the services needed in a community. However, there are phenomenal organizations such as PROP, HOME, and Homes Within Reach to provide additional assistance to the community. Toomey agreed the nonprofits do great work and are always fundraising to provide more services. VOTE ON THE MOTION: Motion carried 5-0. B. SUPERIOR TECH LOADING DOCK ADDITION BY CUSHMAN & WAKEFIELD. RESOLUTION NO. 2023-38 FOR SITE PLAN ON 10.34 ACRES Getschow stated the applicant is requesting approval of a minor site plan amendment for 6509 Flying Cloud Drive, which is occupied by a multi-tenant office building known as Superior Tech. The applicant is proposing to add an approximately 450 square foot building addition for a new loading dock on the northeast leg of the main structure. This addition would be similar to an existing loading dock on the southwest leg of the building. This project is accommodating a new tenant, Elucent Medical, that is moving into the space in May 2023. The plans are code compliant and meet standards related to screening, setbacks, and exterior building materials. CITY COUNCIL MINUTES March 7, 2023 Page 7 Gordon Strom, representative of RSP Architects, began the presentation. He showed an aerial view of the site and explained where the additional loading dock would be added. There would be a minor traffic impact with one or two additional trucks accessing the building daily. Mr. Strom stated Staff asked the applicant to provide more screening, so four trees will be added. The loading dock would require removal of two trees. He showed a photo of the location of the new loading dock from the perspective of Flying Cloud Road. Mr. Strom then showed example images of the new loading dock. Narayanan asked what they do. Mr. Strom stated he is an architect with RSP Architects who are working with Buell Investments, the owner of the building. No one wished to address the Council. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2023-39 for a Site Plan Review on 10.34 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2023 COMMISSIONS Getschow stated there were numerous interested parties for the Commissions, and the Council just interviewed the applicants. Each appointment would begin April 1, 2023 and run for three years. An orientation for new members will be held in late March. Anyone not chosen by the Council are still encouraged to apply again in the future or be involved in the Government Academy. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Vinod Pillai, and Nick Rogers with terms ending March 31, 2026. Narayanan moved to appoint to the Heritage Preservation Commission Rod Fisher, Catherine Lau, Steven Schumacher, and Melanie Willett with terms ending March 31, 2026. Case moved to appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Duane Hookom, Annie Klodd, Tom Poul, and Shanti Shah with terms ending March 31, 2026. Nelson moved to appoint to the Planning Commission Andrew Pieper, Phou Sivilay, and Charles Weber with terms ending March 31, 2026. Freiberg moved to appoint to the Sustainability Commission Michelle Frost, Jim Nehl, and Moussa Ousmane with terms ending March 31, 2026. Toomey moved to appoint to the Human Rights and Diversity Commission Samuel Griffin with terms ending March 31, 2026. CITY COUNCIL MINUTES March 7, 2023 Page 8 Nelson seconded the motion. Motion carried 5-0. B. 2023 COMMISSION CHAIRS AND VICE CHAIRS Case noted the Council relies on the recommendations of Staff for the appointments. Getschow added every Chair being appointed is the current Chair of the respective Commission. MOTION: Toomey moved to appoint Daniel Dorson- Chair and Marc Morhack- Vice Chair of the Flying Cloud Airport Advisory Commission. Narayanan moved to appoint Rod Fisher- Chair and Paul Thorp- Vice Chair of the Heritage Preservation Commission. Case moved to appoint Patrice Erickson- Chair and Tom Poul- Vice Chair of the Parks, Recreation and Natural Resources Commission. Nelson moved to appoint Andrew Pieper- Chair and Ed Farr-Vice Chair of the Planning Commission. Freiberg moved to appoint Aaron Poock- Chair and Cindy Hoffmann- Vice Chair of the Sustainability Commission. Toomey moved to appoint Gregory Leeper- Chair and Shahram Missaghi- Vice Chair of the Human Rights and Diversity Commission. Freiberg seconded the motion. Motion carried 5-0. C. 2023 BOARD OF APPEAL AND EQUALIZATION Getschow noted the Board is specialized and meets very rarely. It consists of real estate professionals from various businesses and backgrounds. The appointment is only for one year. MOTION: Narayanan moved to appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Scott Werdal for the period of March 7, 2023 through May 31, 2023, or until the Board of Appeal and Equalization completes its work. Seconded by Freiberg. Motion carried 5-0. XIV. REPORTS XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:45 p.m. Respectfully submitted, _________________________ Nicole Tingley, City Clerk