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City Council - 07/11/2023 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 11, 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 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. PEOPLEFEST WEEK PROCLAMATION Lotthammer explained this proclamation will declare July 30 through August 5 as PeopleFest Week. PeopleFest is an annual, weeklong celebration that honors and celebrates diversity in the community. Case read the proclamation in full. B. EDEN PRAIRIE COMMUNITY BAND 50 YEAR ANNIVERSARY PROCLAMATION Lotthammer noted this proclamation will declare July 23, 2023 as a day to honor the Eden Prairie Community Band in recognition of its 50th anniversary. Case read the proclamation in full. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV. Reports A. Reports of Council Members 1. Fourth of July Appreciation. CITY COUNCIL MINUTES July 11, 2023 Page 2 MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 13, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 13, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, June 13, 2023, and the City Council meeting held Tuesday, June 13, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Case noted he would have to recuse himself from Consent Calendar M. Approve Change Order No. 5 for the W. 62nd Street Improvement Project due to a conflict of interest. A. CLERK’S LIST B. APPROVE THE SECOND READING OF THE ORDINANCE NO. 8-2023 AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND REGULATION OF ALCOHOLIC BEVERAGES AND ADOPT RESOLUTION NO. 2023-65 APPROVING SUMMARY ORDINANCE C. BUSH LAKE PET HOSPITAL (2023-04) SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE (OFC) TO NEIGHBORHOOD COMMERCIAL (N-COM) AND PUD DISTRICT REVIEW WITH WAIVERS ON 1.19 ACRES; RESOLUTION FOR SITE PLAN REVIEW ON 1.19 ACRES. (ORDINANCE NO. 9-2023-PUD-2-2023 FOR ZONING DISTRICT CHANGE AND PUD DISTRICT REVIEW; RESOLUTION NO. 2023-66 FOR SITE PLAN REVIEW) D. APPROVE THE SECOND READING OF THE ORDINANCE NO. 10-2023 GRANTING A CABLE FRANCHISE TO COMCAST AND ADOPT RESOLUTION NO. 2023-67 APPROVING SUMMARY ORDINANCE E. AWARD CONTRACT FOR MAINTENANCE FACILITY VEHICLE GATES TO BARNUM GATE SERVICES F. AWARD CONTRACT OF BASE BID FOR COMMUNITY CENTER RINK 1 AHU REPLACEMENT TO PETERSON SHEET METAL G. APPROVE THE CONTRACT WITH BS&A SOFTWARE FOR ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM FOR FINANCIAL CITY COUNCIL MINUTES July 11, 2023 Page 3 MANAGEMENT AND UTILITY BILLING H. APPROVE AMENDMENT TO SHORT FORM CONSTRUCTION CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS I. AUTHORIZE ENTERING INTO AN AGREEMENT WITH ODESSA II FOR THE RILEY LAKE VOLLEYBALL COURT IMPROVEMENTS J. APPROVE CONTRACT WITH EPA AUDIO VISUAL INC. FOR EDEN PRAIRIE FIRE STATION ONE EMERGENCY OPERATIONS CENTER UPGRADE K. APPROVE CONTRACT FOR GOODS AND SERVICES WITH LAKE COUTRY DOORS FOR INSTALLING LIGHTING ON ALL FIRE STATION BAY DOORS L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT EVALUATION TESTING FOR THE 2024, 2025, AND 2026 PAVEMENT REHAB PROJECTS M. APPROVE CHANGE ORDER NO. 5 FOR THE W. 62ND STREET IMPROVEMENT PROJECT N. AWARD CONTRACT FOR WATERMAIN VALVE REPAIRS TO VALLEY RICH CO., INC. O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR 2023 POND DREDGING MOTION: Toomey moved, seconded by Freiberg, to approve Items A-L and N-O on the Consent Calendar. Motion carried 5-0. MOTION: Nelson moved, seconded by Narayanan, to approve Item M on the Consent Calendar. Motion carried 4-0-1 (Case). IX. PUBLIC HEARINGS / MEETINGS A. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 AND CHAPTER 9 RELATING TO A NEW FLEX SERVICE ZONING DISTRICT Getschow stated the Comprehensive Plan, ASPIRE 2040, established a Flex Service land use category with the intent to provide for a mix of compatible industrial-commercial land uses that are not compatible with the goals and permitted uses of the Transit Oriented (TOD) or Town Center (TC) zoning districts. CITY COUNCIL MINUTES July 11, 2023 Page 4 Klima explained a new Flex Service zoning district is proposed to provide increased flexibilities and opportunities for businesses and property owners to reinvest in their property while retaining many of the same rights and opportunities in the existing zoning districts. All the properties guided Flex Service are currently zoned Industrial (I-2 or I-5) and are located in two (2) areas of the City – the Martin Drive industrial park and the intersection of Pioneer Trail and Pioneer Trail. No new non- conformities will be created with the adoption of this Ordinance. Klima noted as the properties guided Flex Service are in areas of the City that were developed decades ago, the Ordinance proposes several incentives to encourage and facilitate reinvestment and redevelopment on the existing parcels. The Ordinance allows for additional commercial uses in addition to the same uses allowed in industrial districts. Setbacks are reduced from the larger standards of the Industrial zoning district, which aligns with some of the existing conditions on Flex Service guided properties. Klima stated reduced parking requirements are proposed to allow flexibility to sites that can demonstrate a reduced parking need and provide supporting documentation to City Council. Exterior building material standards are also proposed to acknowledge the “back of house” portions of properties and the industrial character of the area and proposed uses while maintaining requirements for high quality materials. Klima added this action will only establish the zoning regulations for the Flex Service district in the zoning ordinance. Any rezoning of property would be a separate action and would be initiated by property owners. Narayanan asked if there are specifics for lighting standards. Klima confirmed there are candlelight requirements. Case asked if municipalities own their own zone labeling. Klima stated there are similarities between municipalities, but there is no standardized labeling process. There were no comments from the audience. MOTION: Freiberg 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 Flex Service Zoning District. Motion carried 5-0. B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO PARKING Klima stated the implementation of Aspire 2040 recommends reviewing the zoning ordinance to ensure that all of the regulatory controls align with the Comprehensive Plan. Staff reviewed the parking requirements and identified CITY COUNCIL MINUTES July 11, 2023 Page 5 some necessary changes. The proposed amendments address parking requirements for compact parking stalls, shared parking, banks, day care centers, retail and gymnasiums. Klima explained the intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses, provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices in the community. Narayanan asked if there is a handicap parking requirement. Klima stated that code is within the building code. Narayanan asked if there are differentiations of parking for if a business is for drive-throughs or not. Klima stated there isn’t a specific differentiation, but the code gives Staff the authority to be flexible with parking rules to align with the specific use. A similar process was done with Starbucks. Narayanan asked if electric vehicle parking has been considered. Klima stated Staff has been working to incorporate EV stalls through the development agreement process. Because of current building code and State Statute, the City isn’t allowed to require EV chargers as part of a code. Narayanan clarified he meant if Staff considered special parking for electric vehicles as a way to promote more sustainable vehicles in Eden Prairie. The parking spots wouldn’t be for charging. Klima stated Staff had not considered the option. Case stated the idea would warrant further discussion to determine if such incentives belong in the public sector. 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 relating to parking. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Toomey, 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 CITY COUNCIL MINUTES July 11, 2023 Page 6 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Fourth of July Appreciation Case stated he has only heard positive feedback from community members. Staff was consistently professional and helpful throughout the events. Getschow agreed Staff did a great job, and there was great public safety presence. They also had a record number of food trucks. Case pointed out it is difficult to count such large crowds, but he heard 10,000- 12,000 community members attended the event. About three-fourths of attendees were Eden Prairie residents. Overall, the event was a wonderful celebration of the Eden Prairie community. Narayanan noted his family had a great time at the event. He suggested even more food trucks at future events to decrease wait times. Also, speakers farther away from the music could allow for more people to enjoy the entertainment. Nelson stated she has attended every fireworks show in the City, and 2023’s show was the best one yet. Freiberg pointed out the variety of food trucks was much more diverse than in past years. There were almost double the amount of food trucks as the previous year. Also, he heard many people express feeling safe at the event. Toomey agreed the event was vary fun, and she enjoyed the light-up swords offered by the Crime Prevention Fund. 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 1. FIRE SUPPRESSION UPDATE CITY COUNCIL MINUTES July 11, 2023 Page 7 Case pointed out Council requested the item due to an apparent increase in fires recently. Chief Gerber agreed it has been a busy month for the Eden Prairie Fire Department. It has affected homeowners, the neighborhoods, and the responders. He showed a chart depicting the increasing numbers of calls each year since 2020. Year-to-date, 2023 has seen 300 more calls than in 2022 at the same time. Chief Gerber stated in 2022, 68 percent of calls were for medical. In 2023, the response to medical is 71 percent. On average since 2019, there have been 58 fires per year in Eden Prairie. In 2023, the year-to-date count is only 19, which is lower than normal. Chief Gerber showed a chart of fire categories besides structure or building fires broken down by year. He then showed the statistics specifically for structure fires yearly since 2019. In 2019, there was $1.3 million in building loss across 18 fires. In 2023, there has been a loss of $1.78 million from only seven fires. In past years, only about half of fires have required pulling a hose. However, all 7 fires in 2023 have required a hose being pulled. Chief Gerber explained fire prevention is very important. He encouraged community members to have smoke alarms with updated batteries, develop an escape plan, discard smoking materials effectively, and to remain present while cooking. He thanked the community for their support of the Eden Prairie Fire Department. Narayanan asked if age is tracked in response to medical calls. He pointed out Eden Prairie is an aging community which may result in more medical calls. Chief Gerber stated the specific ages are not collected, but it is likely increasing due to again demographics. Narayanan added the housing stock is also aging, which could increase the number of house fires. Chief Gerber stated older homes aren’t necessarily more likely to experience a fire. The items inside of homes these days are more likely to burn hotter or longer. Case asked if PFAS impacts the Department’s ability to put out a fire. Chief Gerber stated the Department has replaced all of their foam, so there is no more PFAS in the foam. Case asked if HCMC receives the 911 calls. Chief Gerber stated Eden Prairie has their own dispatch line. The call is transferred to HCMC as well. The caller is given immediate steps to take while fire and medical are being dispatched. Eden Prairie has a great relationship with the relevant entities. Case added Eden Prairie is unique to have as many trained EMTs as possible on Staff. CITY COUNCIL MINUTES July 11, 2023 Page 8 Case noted he learned the Fire Department brings a fire truck even to a medical event so the firefighters can easily access the truck if there is another dispatch to a fire incident. Toomey asked if there are guidelines for bonfires. Chief Gerber stated detailed guidelines are available on their website. The primary consideration is using a fire ring and staying a safe distance away from buildings. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Frieberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:04 p.m. Respectfully submitted, __________________________________________ Sara Aschenbeck, Administrative Support Specialist