City Council - 11/14/2023
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 14, 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
Amy Markle, 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. LIFESAVING RECOGNITION FOR FAMILY OF LANI LOVAS
Police Chief Matt Sackett and Fire Chief Scott Gerber recognized the family of Lani
Lovas for their role in saving Lani’s life when she experienced a cardiac event in
her home on September 14, 2023. Chief Gerber introduced the family and some of
the first responders involved in the call. Chief Sackett presented the family with an
award. Chief Gerber added first responders would receive pins as well.
B. 2023 SUSTAINABLE EDEN PRAIRIE AWARDS
Isaac Hepper introduced himself as a Student Member of the Sustainability
Commission. Rylee Brazil, Student Member of the Sustainability Commission,
explained the Sustainable Eden Prairie Award recognizes significant and
innovative investments that contribute to the overall vitality and sustainability of
the community. The four nomination categories reflect the four Sustainable Eden
Prairie focus areas – energy, landscape, water, and waste.
Alyssa Ehler introduced herself as a Student Member of the Sustainability
Commission. Sophie Cain, Student Member of the Sustainability Commission,
introduced Rustic Hills Garden Co. as the recipient of the 2023 Sustainable Eden
Prairie Award in the landscape category. They provided details about the efforts
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of the award recipient.
Lilli Tempe introduced herself as a Student Member of the Sustainability
Commission. Lucy Dowdal-Osborn, Student Member of the Sustainability
Commission, introduced Lori Tritz as the recipient of the 2023 Sustainable Eden
Prairie Award in the water category. They provided details about the efforts of the
award recipient.
Roshan Gurumurthy introduced himself as a Student Member of the Sustainability
Commission. Pranav Narayanan, Student Member of the Sustainability
Commission, introduced SunOpta as the recipient of the 2023 Sustainable Eden
Prairie Award in the energy category. They provided details about the efforts of
the award recipient.
Kate Ropchak introduced herself as a Student Member of the Sustainability
Commission. Keerti Tumu, Student Member of the Sustainability Commission,
introduced Dick Rawlings as the recipient of the 2023 Sustainable Eden Prairie
Award in the waste category. They provided details about the efforts of the award
recipient.
Sustainability Commission Chair Aaron Poock thanked the Council and the
Commissioners for their time recognizing the 2023 Sustainable Eden Prairie
Awards.
C. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR FIRE
DEPARTMENT AND POLICE DEPARTMENT EQUIPMENT (Resolution
No. 2023-105)
Eden Prairie Lions President Louis Wendling presented a check for $16,290 to the
Fire Department and Police Department. He thanked the Departments for their
dedication to keeping the community safe.
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2023-105 accepting the donation of $6,000 towards the purchase of Fire
Department emergency services equipment including airway management devices
and $10,290 towards the purchase of Police Department equipment storage and
technology solutions for Unmanned Aerial Systems vehicle. Motion carried 5-0.
D. ACCEPT DONATION FROM REMAX RESULTS AND PRAIRIE BLUFFS
SENIOR LIVING FOR 2024 SENIOR CENTER ACTIVITIES (Resolution No.
2023-106)
Amy Markle explained the donation of $400 from Prairie Bluffs Senior Living is
for the 2024 Senior Center events including Valentines Bingo and Breakfast and
the Summer BBQ and the donation of $250 from ReMax Results Change Agent
Group Edina towards 2024 Senior Awareness Month activities.
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MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2023-
106 accepting the donation of $400 from Prairie Bluffs Senior Living toward the
2024 Senior Center events including Valentines Bingo and Breakfast and the
Summer BBQ and the donation of $250 from ReMax Results Change Agent
Group Edina towards 2024 Senior Awareness Month activities.
Motion carried 5-0.
E. PROCLAIM NOVEMBER 25, 2023 SMALL BUSINESS SATURDAY IN
EDEN PRAIRIE
Mayor Case read a proclamation is in support of Eden Prairie’s business economy
and urged residents to support small businesses and merchants on Small Business
Saturday and throughout the year.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added an item to the Councilmember Report.
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2023
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of
the Council workshop held Tuesday, October 17, 2023, and the City Council
meeting held Tuesday, October 17, 2023, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. MISTER CARWASH BY ISG, INC. APPROVE SECOND READING OF
ORDINANCE NO. 18-2023-PUD-6-2023 FOR PLANNED UNIT
DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 1.23 ACRES,
RESOLUTION NO. 2023-107 FOR SITE PLAN REVIEW ON 1.23 ACRES
(ORDINANCE FOR PUD DISTRICT REVIEW WITH WAIVERS,
RESOLUTION FOR SITE PLAN REVIEW, RESOLUTION NO. 2023-108
FOR CONDITIONAL APPROVAL OF DEVELOPMENT AGREEMENT)
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C. BAKER ROAD ASSISTED LIVING BY MICHAEL KNISELY. APPROVE
FIRST READING OF AMENDED DEVELOPMENT AGREEMENT
(RESOLUTION NO. 2023-109 RESCINDING CONDITIONAL APPROVAL,
APPROVAL OF AMENDED DEVELOPMENT AGREEMENT)
D. ADOPT RESOLUTION NO. 2023-110 RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING DATE FOR DELL ROAD STREET
AND UTILITY IMPROVEMENTS
E. APPROVE AGREEMENT FOR 2024, 2025 BRIDGE INSPECTIONS
F. APPROVE CHANGE ORDER FOR WELL 17 CONSTRUCTION AND
TRANSMISSION LINE PROJECT
G. APPROVE CHANGE ORDER FOR 23-43-C POND DREDGING
H. APPROVE HENNEPIN COUNTY WEST METRO DRUG TASK FORCE
(WMDTF) COOPERATIVE AGREEMENT ALLOWING EDEN PRAIRIE
TO JOIN WMDTF
I. APPROVE PURCHASE OF WELL 5 CONTROL PANEL FROM SJE, INC.
J. APPROVE PURCHASE OF LICENSE PLATE READERS
K. DECLARE PROPERTY AS SURPLUS AND AUTHORIZE DISPOSAL
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-K on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT – CHAPTER 11 REFORMAT by City of Eden Prairie.
First Reading of Ordinance to amend City Code Chapter 11 relating to reformatting
existing regulations to improve the functionality and usability of the Eden Prairie
Zoning Code (Ordinance)
Klima explained the primary purpose of this code amendment is to reformat the
City’s zoning code in City Code Chapter 11 to be more user friendly for residents,
contractors, developers, and staff. This is proposed to be achieved by two main
strategies. First is rearranging existing provisions to separate code sections that
are more intuitive for readers of Code to find. The second strategy is creating a
series of permitted use tables to add more clarity on what uses are permitted in
each zoning district.
There are also two additional proposed changes in this amendment that fall
outside the scope of simple reformatting. The first is a repeal of the City’s
regulations regarding medical cannabis. With the recent cannabis law passed by
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the MN State legislature, these medical cannabis provisions are no longer
applicable. The second is amending the Town Center and Transit Oriented
Development districts to remove the Planned Unit Development (PUD)
requirement for all development proposals in these districts. This is in response to
the City’s Building Sustainability standards being triggered in part by PUD
requests.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Naryanan, to close the public hearing,
and to approve the First Reading of the Ordinance to reformat and reorganize
Chapter 11. Motion carried 5-0.
B. CODE AMENDMENT – SIGN CODE by City of Eden Prairie. First Reading of
Ordinance to amend City Code, Chapter 11.70 to address sign regulations
(Ordinance)
Klima explained the proposed amendment addresses a handful of housekeeping
sign code changes. The ordinance includes minor clarifying language to ensure the
sign code aligns with how it has historically been applied by the City.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Toomey, to close the public hearing,
and to approve the First Reading of the Ordinance to amend the Sign Code.
Motion carried 5-0.
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
A. FIRST READING OF ORDINANCE GRANTING TENANT PROTECTIONS
Getschow introduced the item and invited Housing and Community Services
Manager Jonathan Stanley to continue the Staff presentation.
Stanley explained the Tenant Protection Ordinance (TPO) is proposed to protect
residents of properties meeting the City’s Naturally Occurring Affordable Housing
(NOAH) definition or properties that have aged out of their period of affordability.
The TPO would be triggered upon sale and application for a new rental license
and would give tenants protection from the following: unexpected rent increases,
a rescreening process that subjects tenants to new criteria, or evictions without
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cause. He noted similar ordinances have been adopted by Bloomington, Edina,
and St. Louis Park.
Stanley noted in the region, NOAH and formerly subsidized housing where
affordability requirements have experienced is being lost at a dramatic rate. In
Eden Prairie, seven NOAH properties have changed hands since 2015. Without
protection, displacement can occur or households can be subjected to a high cost
burden. The TPO also provides time for tenants to consider their options and
financial resources.
Stanley stated the TPO would apply if at least 20 percent of tenants have rents
affordable to households at or below 80 percent of the area median income. This
would be triggered at application for new rental license and the TPO effective
period would be 90 days from the date of approval of the rental license. The TPO
requires immediate notice of sale and ownership intent to tenants and the City.
The TPO provides low-income tenants compensation in the form of three months
of rent if the TPO is not confirmed with. Stanley pointed out some comparable
cities have set the AMI rate at 60 percent instead of the proposed 80 percent.
Case asked how tenants would be made aware of the rights. Stanley stated the
responsibility is ultimately on the building owner. There could also be a mail
notice and community education efforts completed by the City.
Freiberg asked if other cities are using the 90-day timeline. Stanley stated all
comparable cities are using the 90-day timeline.
Nelson asked if the same TPO would apply to the sale of a single-family home
that is being used as a rental. Stanley stated the proposed ordinance only applies
to multi-family homes.
MOTION: Freiberg moved, seconded by Nelson, to approve the first reading of a
Tenant Protection Ordinance affording low-income tenants of naturally occurring
affordable housing and certain multifamily housing developments that were
publicly subsidized but no longer carry affordability restrictions certain
protections after a property sale. Motion carried 5-0.
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. VEHICLE OPERABILITY
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Case stated residents have contacted him regarding operable cars. They
asked if vehicles that start but don’t have tires are considered operable.
They also asked if there is a maximum number of cars allowed at a single-
family home. He asked the Council if they would like to direct Staff to
look into how other cities define and handle similar situations.
Freiberg agreed it would be appropriate to direct Staff to look into how
other cities define and handle similar situations.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. PEDESTRIAN CROSSING TREATMENT GUIDELINES
Ellis explained pedestrian crossings are an important part of our
transportation system. The Public Works Department is recommending
the adoption of these Pedestrian Crossing Treatment Guidelines to
establish a set of criteria, procedures, and policies that will guide the
installation of crossing treatments uniformly throughout the City. He
showed images of various pedestrian crossing options.
Case asked if the solar-powered crosswalks would be more cost-effective
than wiring regular electricity. Ellis stated the cost would be comparable.
Ellis noted the document summarizes the proposed pedestrian crossing
criteria and procedures for evaluating the need for crossing treatments,
including a “flowchart” approach and the specific pedestrian crossing
treatments that may be applicable for a particular set of pedestrian
volumes, pedestrian types, vehicular volumes, vehicular speeds, and
roadway geometry.
Ellis stated the outcomes of the guideline include 170 marked crosswalks
with up to 15 possible new locations, four current rectangular rapid
flashing beacons with up to 13 possible new locations, upgrades to many
existing crosswalks including signage, pedestrian refuge islands, and curb
extensions. The timing would be with other construction projects but
would be completed as the budget allows.
Narayanan asked if there have been any serious vehicle accidents in recent
years. Ellis stated there was a fatality at Hwy 4 and 5 in a crosswalk.
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Toomey noted the high-intensity activated crosswalk (HAWK) with the
red seems to signify a stop. Ellis confirmed that a car would need to stop
at a HAWK pedestrian crossing to check for pedestrians. There would
likely need to be a public awareness campaign before installation, but
there are HAWK crossings in neighboring communities.
Nelson stated she appreciates the crosswalk figures and the pedestrian
islands, especially for senior citizens.
Freiberg stated the four-way red-light intersections seem to create a lot of
confusion, so certain proposed ideas could result in a long learning curve.
He thanked Staff for their work.
Narayanan pointed out pedestrian traffic ebbs and flows throughout the
year.
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 8:07 p.m.
Respectfully submitted,
________________________
Sara Aschenbeck, Administrative Support Specialist