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City Council - 09/05/2023 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5, 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. EDEN PRAIRIE SCHOOL DISTRICT 100 YEAR ANNIVERSARY PROCLAMATION Case read the proclamation declaring the Eden Prairie School District’s 2023- 2024 school year as the 100 Year Anniversary of Eden Prairie Schools. Eden Prairie Superintendent Dr. Joshua Swanson noted there are a number of events planned throughout the schoolyear to celebrate the anniversary. B. ACCEPT DONATION FROM ELITE SPINE CHIROPRACTIC FOR FALL INTO FITNESS (Resolution No. 2023-84) Lotthammer explained the donation will go towards the Fall Into Fitness event at the Community Center. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2023- 84 accepting the donation in the amount of $250 from Elite Spine Chiropractic for Fall Into Fitness event. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES September 5, 2023 Page 2 Case added Item Report of Council Member, per the request of Narayanan. MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 15, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 15, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, August 15, 2023, and the City Council meeting held Tuesday, August 15, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. MENARDS BY MENARDS, INC. SECOND READING OF ORDINANCE NO. 14-2023-PUD-3-2023 FOR PLANNED UNIT DEVELOPMENT AMENDMENT WITH WAIVERS ON 15.72 ACRES; RESOLUTION NO. 2023-85 FOR SITE PLAN REVIEW; APPROVE DEVELOPMENT AGREEMENT B. BAKER ROAD ASSISTED LIVING (2023-02) BY MICHAEL KNISELY SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM OFFICE TO RM-2.5 AND PUD DISTRICT REVIEW WITH WAIVERS ON 3.79 ACRES; RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT, RESOLUTION FOR SITE PLAN REVIEW ON 3.79 ACRES (ORDINANCE NO. 15-2023-PUD-4-2023 FOR ZONING CHANGE AND PUD DISTRICT REVIEW, RESOLUTION NO. 2023-86 FOR SITE PLAN REVIEW, RESOLUTION NO. 2023-87 FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT) C. APPROVE NINE MILE CREEK WATERSHED DISTRICT SECOND AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS D. APPROVE T-MOBILE LICENSE AGREEMENT E. AWARD CONTRACT TO HIGHVIEW PLUMBING TO INSTALL WATER AND SEWER LINES INTO DORENKEMPER HOME F. APPROVE CONTRACT RENEWAL WITH ULTIMATE KRONOS GROUP, INC. (UKG) FOR HUMAN RESOURCES INFORMATION SYSTEM (HRIS), RECRUITMENT AND ONBOARDING, AND PAYROLL SERVICE CITY COUNCIL MINUTES September 5, 2023 Page 3 PROVIDER G. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF PLAYGROUND SAFETY SURFACING AT ROUND LAKE PARK, WILLOW PARK PLAYGROUNDS H. APPROVE AMENDMENT TO 2023 AND 2024 VEHICLE PURCHASE AUTHORIZATIONS I. APPROVE ENCROACHMENT AGREEMENT WITH LP EP APARTMENTS, LLC RELATED TO CONSTRUCTION OF THE TOWN CENTER STATION Case noted, referring to Consent Agenda Item C. Approve Nine Mile Creek Watershed District Second Amendment of The Declaration Of Covenants, Conditions, And Restrictions, the final project has much lower traffic impacts than previous considerations. There is also a large benefit to the community for housing offices of a watershed district. Nelson agreed the project is a great use, and the previous owner would be honored with the project. MOTION: Nelson moved, seconded by Freiberg, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 2022 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Getschow explained the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie’s accomplishments towards meeting the five-year goals defined in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2022 program year began July 1, 2022 and ended June 30, 2023, and is the third grant period of the 2020-2024 Consolidated Plan. Eden Prairie uses CDBG funds to support low-income housing. The City has spent all of its COVID-related CDBG funds, but those are still reflected in the four-year plan. Case pointed out the public hearing is an opportunity for community members to express their input regarding how the City spends its funds. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES September 5, 2023 Page 4 X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, 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. SOUTHWEST TRANSIT STATE FAIR RIDERSHIP Narayan noted he and Freiberg are Southwest Transit Commissioners. Southwest Transit transported over 77,000 passengers for the Minnesota State Fair. 91 percent of riders reported excellent or good feedback on the ride. Freiberg added 95 percent of riders stated they would ride with Southwest Transit again. B. REPORT OF CITY MANAGER 1. RESOLUTION NO. 2023-88 TO APPROVE PRELIMINARY TAX LEVY AND BUDGET Getschow explained Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2023. In addition, the City Council must accept a proposed budget for the coming year. Getschow pointed out the City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Getschow showed a slide depicting resident feedback and positive responses regarding quality of life. CITY COUNCIL MINUTES September 5, 2023 Page 5 Getschow noted the budget includes three elections in 2024, evaluation of Fire Duty Crew staffing, firetruck and vehicle purchases, Police Station remodel, police recruitment initiatives, trail extensions, trail maintenance, opening of new Round Lake Building, continued public works infrastructure investments and sustainability initiatives, implementation of a Race Equity Plan, and housing programs and policies. Getschow showed a table with a brief overview of the general fund revenue budget. The proposed revenue for 2024 is $56,521,455, which is a 4.1 percent increase overall. There is a proposed 5.0 percent increase in tax revenue, which is the largest portion of the City’s revenue. Getschow showed a table with a brief overview of the general fund expenditure budget. There are a lot of inflationary pressures in insurance, payroll, and supplies. The overall proposed change is 3.5 percent. He showed a pie chart with 2024 budget changes. Almost 75 percent of all additional funds are for wages and benefits for employees. Getschow stated the proposed 2024-2025 proposed budget increase is 2.9 percent, and the proposed total levy is 4.5 percent. Proposed property tax impacts would be 4.0 percent for residential properties, 3.6 percent for apartments, and 2.6 percent for commercial properties. Each home has a different value, so the property tax impact varies by household. The City tax rate has been decreasing consistently over the years. Getschow showed a chart with 2023 tax levies for comparable suburbs, and Eden Prairie had the lowest tax levy at 4.5 percent. The preliminary 2024 tax levies show that Eden Prairie will likely still be the lowest tax levy. The average proposed preliminary levy for 2024 is 7.7 percent, while Eden Prairie’s preliminary proposed tax levy is 5.6 percent. Case noted setting the budget is the most important thing the Council does and reflects the personality of the people of Eden Prairie. The budget shows what the community values. Narayanan asked if Eden Prairie’s property values increasing at a faster rate than neighboring communities cause the levy to be lower. Getschow stated it is hard to say, and there may be an indirect tie. It depends on revenue sources, spending, and diversity of tax base. Also, the City is very careful about issuing debt. Nelson stated Eden Prairie has quality services, advanced capital planning, low taxes, green energy efforts which save money, and an amazing Staff. Narayanan stated hiring the best City Manager and Staff is another important effort of the Council. CITY COUNCIL MINUTES September 5, 2023 Page 6 MOTION: Narayanan moved, seconded by Nelson, to certify the proposed 2024 property tax levy to be $47,138,752, set December 5, 2023 at 7:00 p.m. as the meeting which will include discussion of the budget and provide for public comment, accept the proposed 2024 budget of $60,322,771, and consent and approve the HRA tax levy of $210,000. Motion carried 5-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. SUSTAINABLE BUILDING STANDARD Ellis explained the draft Sustainable Building Standard (SBS) aims to reduce greenhouse gas emissions (GHG) from newly constructed residential and commercial buildings. There are seven communities with a similar standard in Minnesota including Duluth, Edina, St. Louis Park, Northfield, Rochester, Maplewood, and Saint Paul. Bloomington is also moving down the path to implement a policy. Ellis stated third-party green rating systems include LEED Silver or higher, B3 Guidelines, or Enterprise Green Communities standards. The third-party systems are familiar to architects and engineers, enables third-party verification of compliance, and goes above and beyond existing building code. Ellis stated there would be about 2.0 percent increase in upfront cost for LEED certified projects, but higher standards would result in a higher increase in upfront costs. Studies have shown higher rent, higher average market sales prices, and the like for LEED- certified buildings. Ellis added City-specific requirements include electric vehicle charging capability, which breaks down into EV-capable, EV-ready, and EV-installed, and solar energy capability. The City looks for new builds to be built to solar-ready standard and for evaluation of feasibility of sourcing up to five percent of energy. The evaluation would be done during the development process, and the developer would show a cost-benefit analysis related to solar energy. Ellis stated the SBS would require new commercial and multifamily construction projects, and additions over 10,000 SF, seeking financial or land use incentive from the City to meet third-party green building rating system standards as well as City-specific requirements for GHG predicted emissions, electric vehicle charging, and solar installation or readiness. Ellis pointed out single-family development projects seeking financial or land use incentive from the City would not need to meet third-party green building rating system CITY COUNCIL MINUTES September 5, 2023 Page 7 standards but would be required to provide electric vehicle charging capabilities and solar installation or readiness. Freiberg noted he has a concern with the term “require” referring to solar-ready standard. Ellis explained there would be a Sustainability Coordinator that would oversee the process, and the developer has an option to repeal the requirement. Case stated the City requires certain elements of a developer such as parking numbers or tree replacement. He asked Freiberg what the difference would be with the solar- ready standard. Freiberg stated he doesn’t want to over-mandate developers, particularly with something potentially so expensive. Case stated the developer would only be required if there is a 15-year payback. Toomey stated most cities will likely move toward requiring sustainability standards. Ellis confirmed there is an increase in sustainability staffing and efforts throughout jurisdictions. Ellis noted other cities with SBS have a two percent requirement for solar-ready standards. The proposal for Eden Prairie is up to five percent, but the Council can consider alternatives. Nelson stated she is satisfied with the five percent. Businesses will someday need to have solar capabilities and the like in order to sell their buildings. Banks and developers are likely to support similar standards to ultimately save money, particularly because retrofitting is much more expensive. Therefore, the requirement from the City will likely help businesses rather than hinder them. Narayanan added the City will never meet its emissions goals without implementing similar initiatives. The developers have the opportunity to request a waiver for any building requirements, such as is done with parking from time to time. Toomey noted her agreement with Narayanan. The Council needs to look out for future generations. Case added the world is facing a climate crisis, and the proposed SBS would be a minor change for a significant impact long-term. It was the consensus of the Council for Staff to move forward with SBS as recommended by Staff. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES September 5, 2023 Page 8 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:32 p.m. Respectfully submitted, ___________________________ Sara Aschenbeck, Administrative Support Specialist