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City Council - 04/04/2023APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 4, 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, Fire Chief Scott Gerber, and Acting City Attorney Joshua Dorothy 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. PRESENTATION OF SUN CURRENT READER’S CHOICE AWARDS FOR THE BEST RECREATIONAL CENTER AND BEST WATER PARK Getschow introduced the item and invited Lotthammer to continue the Staff presentation. Lotthammer explained The Reader’s Choice from The Sun Current award winners are selected during a six-week voting period by print and online readers through a Reader’s Choice Survey. Organizations located within a regional territory around Eden Prairie are among this year’s 2023 award winners in various categories. This is the third year that Round Lake Splash Pad has been recognized for “Best Water Park.” Community Center Manager Valerie Verley added The Sun Current 2023 Reader’s Choice Award for “Best Recreational Center” has been awarded to the Eden Prairie Community Center. This is the eighth year in a row that the Community Center has received the recognition for “Best Recreational Center.” The Community Center is seeing an increase in visitors again since the pandemic. She thanked the Council for their support. CITY COUNCIL MINUTES April 4, 2023 Page 2 Narayanan asked if the numbers are back to the 2019 numbers. Verley explained there were about 2600 memberships in 2019, and they are currently at around 2000 members. Narayanan congratulated the Community Center for its continued success. B. ACCEPT ARBOR DAY PROCLAMATION Case pointed out Eden Prairie was one of the first to create such a strong ordinance in regards to sustaining trees, and it has been copied a number of times. He read the Proclamation. Getschow noted there is an Arbor Day Walk and Green Fair on April 29, 2023 at Staring Lake Park. There is also a park cleanup day on April 15, 2023. The Sustainability Commission is also working on an event. C. ACCEPT DONATION FROM J.A. PRICE AGENCY FOR HOMETOWN CELEBRATION ON JULY 3RD AND 4TH (Resolution No. 2023-44) Lotthammer explained The Hometown Celebration is an annual event on July 3rd and 4th with games, music, refreshments, activities and fireworks. This donation will help continue this free special event, which is offering even more free activities for the community in 2023 with July 3rd dedicated to families and children and July 4th hosting music, food, and fireworks. He pointed out this is an annual donation from J.A. Price Agency. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-44 accepting the donation of $1,000 from J.A. Price Agency for the July 3rd and 4th Hometown Celebration. Motion carried 5-0. D. ACCEPT DONATION FROM MEDEXPRESS URGENT CARE FOR WINTER BLAST (Resolution No. 2023-45) Lotthammer explained this item is to accept a donation for Winter Blast, an annual event in January. This donation will help continue this free special event. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2023-45 accepting the donation of $350 from MedExpress Urgent Care for the Winter Blast. Motion carried 5-0. Case pointed out such donations allow taxpayer dollars to stretch even further, and the Council sincerely appreciates the donations. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Freiberg to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MINUTES April 4, 2023 Page 3 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, March 21, 2023, and the City Council meeting held Tuesday, March 21, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE 2022 UNBUDGETED FUND TRANSFERS C. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTE 466.04 D. ADOPT RESOLUTION NO. 2023-46 TO OPT-IN TO THE NATIONAL OPIOID SETTLEMENT E. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL SERVICES FOR MAINTENANCE FACILITY ROOFTOPS F. APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR GTS HOUSING (BLUE STEM NORTH) G. APPROVE TOWN CENTER PLAZA ENCROACHMENT AGREEMENT H. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT TO ST. CROIX RECREATION I. AWARD CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS TO MINNESOTA ROADWAYS CO. J. APPROVE CONSTRUCTION CONTRACT AGREEMENT WITH AMERICAN LIBERTY CONSTRUCTION, INCORPORATED FOR CONSTRUCTION OF WELL HOUSE 17 AND TRANSMISSION MAIN LINE PROJECT K. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CITY COUNCIL MINUTES April 4, 2023 Page 4 WATERFRONT RESTORATION TO CONDUCT WATERCRAFT INSPECTIONS M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2023 LAKE SAMPLING PROGRAM N. AWARD CONTRACT FOR MN 101 WATERMAIN EXTENSION TO NORTHDALE CONSTRUCTION COMPANY O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION ADMINISTRATION FOR THE MN 101 WATERMAIN EXTENSION PROJECT P. AWARD CONTRACT FOR 2023 CURB AND GUTTER REPLACEMENT TO CURB MASTERS INC. Q. AWARD CONTRACT FOR THE PRAIRIE CENTER DR AND SINGLETREE LN IMPROVEMENTS TO NEW LOOK CONTRACTING, INC. R. APPROVE PURCHASE OF TWO LIFT STATION PANELS FROM INTEGRATED PROCESS SOLUTION, INC. S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR ELECTRICAL ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION OF THE 2023-2024 WASTEWATER LIFT STATION REHABILITATION PROJECT T. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND CONFIGURATION FOR WASTEWATER LIFT STATION REHABILITATION PROJECTS U. AWARD CONTRACT FOR 2023 MUDJACKING PROJECT TO NORTHSTAR MUDJACKING AND MORE V. AWARD CONTRACT FOR 2023 SPRING AND FALL STREET SWEEPING TO PEARSON BROTHERS INC. W. AWARD CONTRACT FOR 2023 STREET STRIPING PROJECT TO SIR LINES-A-LOT LLC. X. AWARD CONTRACT FOR 2023 CRACKSEAL PROJECT TO NORTHWEST ASPHALT AND MAINTENANCE MOTION: Toomey moved, seconded by Narayanan, to approve Items A-X on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES April 4, 2023 Page 5 IX. PUBLIC HEARINGS / MEETINGS A. HOLIDAY INN EXPRESS POOL ADDITION by Michael Monn Architects. Site plan review on 2.99 acres Getschow explained the item is regarding a hotel at 7740 Flying Cloud Drive, which was most recently a Comfort Inn, and is being rebranded to a Holiday Inn Express. As a part of this rebranding, the building owners are planning to add a pool on the first level. Getschow stated the applicant is therefore requesting a Site Plan Amendment to construct an approximately 1,800 square foot building addition to accommodate this pool. Parking stalls are also being removed to comply with parking setbacks, which are currently not code compliant in some areas due to right of way acquisition for the Light Rail project. Overall, the plans meet City Code standards, and no waivers are being requested. Getschow added it is a minor amendment, so it was not reviewed by the Planning Commission, Ankit Bhakta, owner of the hotel, provided a PowerPoint presentation. He showed an overview of the site and pointed out the parking lots that would be replaced with a pool. There is also a plan to convert some rooms to suites, so there will be a decrease in rooms from 119 to 99. There will still be an excess of parking spots. Mr. Bhakta added there is a franchise requirement for the exterior materials. He showed renderings of the exterior and the proposed addition. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing, and to direct Staff to prepare a development agreement incorporating Staff and Commission recommendations and Council conditions. Nelson noted it will be an asset to the City for the building to be updated. VOTE ON THE MOTION: Motion carried 5-0. B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING DISTRICT Getschow introduced the item and pointed out the Comprehensive Plan, ASPIRE 2040, established a Mixed-Use land use category with the intent to provide for a mix of differing but compatible land uses that, due to their location, would not qualify for Transit Oriented (TOD) or Town Center (TC) zoning. CITY COUNCIL MINUTES April 4, 2023 Page 6 Klima explained a new zoning district, Mixed Use, has been created to provide an opportunity for businesses and property owners to reinvest in their property while retaining many of the same rights and opportunities in the existing zoning districts. No new non-conformities would be created. Klima stated the Ordinance allows for high density residential, in addition to the same uses allowed in commercial districts. Because of the likely sharing of uses, the Mixed-Use district proposes a reduction in parking for retail and shopping center uses, freeing up unused parking areas for redevelopment and reflecting shared parking opportunities. Other changes from the existing regulations include a requirement for a master sign plan, ‘cohesive’ development, in the form of thoughtful application of design elements between structures, and codifying practice of requirements for pedestrian mobility and bicycle parking. Klima noted use development is envisioned in horizontal (two or more uses in one or more lots, or vertical (two or more uses in a single building) configurations. A goal of mixed-use developments is a cohesive design, where some thought is made toward the application of design elements of a project. This action would only establish the zoning regulations for the Mixed-Use district in the zoning ordinance. Any rezoning of property would be a separate action and would be expected to be initiated by the property owner. Case asked what the difference is between a planned unit development (PUD) and a mixed-use zoning district. Klima explained a PUD can be used in any zoning district while the mixed-use zoning district allows a mix of permitted uses. Case asked if it is correct that a zone can be placed on existing properties as long as the owner can still realize its value. Klima stated any rezoning of property would be a separate action and would be expected to be initiated by the property owner. Nelson asked if the landscaping requirements would remain the same. Klima stated the landscaping requirements for mixed-use would be consistent with commercial or residential zoning, depending on the use of the space. Benches and other street furniture are required as part of a development proposal for mixed-use zoning projects. Nelson asked if sidewalk sales would be impacted by the zoning change. Klima stated any current code related to public events would be the same for mixed-use zoning establishments. Toomey asked if the change is a trend among other area. Klima stated it is a trend both regionally and nationally for cities with a similar makeup as Eden Prairie. CITY COUNCIL MINUTES April 4, 2023 Page 7 Freiberg stated the change is anticipating future needs. Klima confirms the change allows for additional flexibility. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter 9 relating to a new Mixed Use Zoning District. 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. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. MAYOR’S WATER CHALLENGE (Resolution No. 2023-47) Case explained the resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2023. Getschow noted individuals have the opportunity to win prizes. MOTION: Narayanan moved, seconded by Toomey, to set adopt Resolution No. 2023-47 supporting the Wyland Mayor’s Challenge for Water Conservation. Motion carried 5-0. 2. CITY MANAGER’S PERFORMANCE REVIEW Case provided details on the role of the City Manager in comparison to the City Council and a summary of the Closed Session held at the previous City Council meeting. The Closed Session included discussion of fiscal and programmatic successes during 2022. The Council gave Getschow overwhelming praise and noted his strong CITY COUNCIL MINUTES April 4, 2023 Page 8 leadership in the City. He thanked Getschow for his service to Eden Prairie. MOTION: Toomey moved, seconded by Freiberg, to set City Manager Rick Getschow’s salary to statutory cap plus 210 hours of paid time off. Motion carried 5-0. 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 XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:48 p.m. Respectfully submitted, _________________________ Nicole Tingley, City Clerk