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City Council - 03/12/2024 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 12, 2024 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. ACCEPT PARKS AND RECREATION 2024 WINTER DONATIONS (Resolution No. 2024-025) Markle explained the donations this quarter are for both Senior Center events and the garden, and Parks and Recreation special events including the 3rd and 4th of July Hometown Celebration. The generous donations specific for the Senior Center will be used to lower the cost of programming for participants making them low to no cost. All donations for Parks and Recreation special events will be used to enhance the events and lower overall costs. She listed the specific donations and their uses. Narayanan asked what the grand total of the donations is. Case stated it is over $4,000. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2024-025 accepting multiple first quarter 2024 donations to Parks and Recreation. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MINUTES March 12, 2024 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 20, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2024 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, February 20, 2024, and the City Council meeting held Tuesday, February 20, 2024, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. PRESERVE VILLAGE INFILL CHIPOTLE APPROVE SECOND READING OF ORDINANCE NO. 03-2024-PUD-03-2024 FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW ON 9.08 ACRES, ADOPT RESOLUTION NO. 2024-026 FOR SITE PLAN REVIEW ON 9.08 ACRES, APPROVE DEVELOPMENT AGREEMENT C. APPROVE T-MOBILE LICENSE AGREEMENT AT BAKER ROAD WATER TOWER D. APPROVE LEGISLATIVE SERVICES AGREEMENT WITH LOCKRIDGE GRINDAL NAUEN E. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR 2024 DROP OFF DAY EVENT MATERIAL DISPOSAL F. AWARD CONTRACT FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT TO NORTHWEST ASPHALT, INC. G. ADOPT RESOLUTION NO. 2024-027 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR TRUNK HIGHWAY 101 CONSTRUCTION PROJECT INCLUDING PEDESTRIAN FLASHING SYSTEMS H. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS I. APPROVE AGREEMENT WITH PRECISION UTILITIES FOR UTILITY REPAIRS CITY COUNCIL MINUTES March 12, 2024 Page 3 J. ACCEPT BIDS AND APPROVE CONTRACT WITH BKJ EXCAVATING FOR VIKING DRIVE TRAIL CONSTRUCTION K. APPROVE LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS THROUGH DECEMBER 31, 2029 L. AWARD CONTRACT FOR REHABILITATION OF HARDCOURT FACILITY AT ROUND LAKE PARK TO BKJ EXCAVATING M. AUTHORIZE AGREEMENT WITH STARLIGHT AERIAL PRODUCTIONS FOR JULY 3RD DRONE SHOW N. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY O. ADOPT RESOLUTION NO. 2024-028 AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO OBTAIN FUNDING FROM MINNESOTA ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND FOR GRANT FUNDING FOR 2025 RICHARD T. ANDERSON MAINTENANCE TRAIL STABILIZATION PROJECT P. APPROVE AGREEMENT FOR IMPLEMENTATION OF FIRST DUE SOFTWARE SUITE Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR CONSTRUCTION TO BUILD OUT FIBER OPTIC NETWORK TO STARING LAKE BUILDING R. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUES 466.04 Freiberg noted he would need to abstain from voting on Consent Agenda Item B. Preserve Village Infill Chipotle Approve Second Reading Of Ordinance For Planned Unit Development District Review On 9.08 Acres, Adopt Resolution For Site Plan Review On 9.08 Acres, Approve Development Agreement due to a possible conflict of interest. MOTION: Nelson moved, seconded by Freiberg, to approve Items A, C-R on the Consent Calendar. Motion carried 5-0. MOTION: Narayanan moved, seconded by Nelson, to approve Item B on the Consent Calendar. Motion carried 4-0- 1 (Freiberg). IX. PUBLIC HEARINGS / MEETINGS A. EDEN PRAIRIE RIDGE (9740 EDEN PRAIRIE ROAD) by Pemtom Land CITY COUNCIL MINUTES March 12, 2024 Page 4 Company. First reading of Ordinance for Zoning Change on 1.76 acres, Resolution No. 2024-029 for Preliminary Plat on 1.76 acres, Resolution 2024-030 for Park Dedication Fees. Getschow explained the applicant is requesting approval to plat 9740 Eden Prairie Rd into two single-family lots and one outlot. The plat will be named Eden Prairie Ridge. Dan Blake, representative of the Pemtom Land Company, introduced himself. The property is currently vacant and once acted as a parking lot. The parcel is located on the west side of the Eden Prairie Road, between two segments of Prospect Road in the southwest quadrant of the city. The property is bordered by single-family development to the south and east. To the north and west is single family residence on a large lot. Mr. Blake explained the lots will be sold for single family home construction. With a gross density of approximately 1.1 units per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. The outlot is preserved to preserve options for future road connections to serve the development of the parcel to the north and west. There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing, approve the first Reading of the Ordinance for a Zoning District Change from Rural to R1-9.5 on 1.7 acres, adopt Resolution No. 2024-029 for a Preliminary Plat to divide one lot into two lots and one outlot on 1.7 acres, adopt Resolution No. 2024-030 for the Findings of Fact in Support of Park Dedication Fees, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2024-031 APPROVING USE OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS RECOMMENDED BY EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE Getschow explained Eden Prairie’s 2024 Community Development Block Grant (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 2024 allocation of $280,000, and this figure was used by the Human Services Review Committee to make its funding recommendations for 2024. Once the actual allocation amount is received, if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15 percent will be deducted equally from all public service activities. Getschow stated a majority of the funds goes toward housing programs conducted CITY COUNCIL MINUTES March 12, 2024 Page 5 by the City, noting $122,000 is allotted to the Housing Rehabilitation Deferred Loan Program, $5,000 is allotted to rehab grants, $81,000 is allotted to West Hennepin Affordable Housing Land Trust, $20,000 is allotted to the First-Time Homebuyer program, $2,000 is allotted to the Fair Housing Initiative, and $50,000 is allotted to Program Administration. Getschow stated $55,000 will be given to community organizations supporting housing. $35,000 will go to PROP Housing Support Services, $8,000 will go toward PROP emergency vehicle repair, and $12,000 is for Household and Outside Maintenance for the Elderly (HOME). Getschow added any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human Services Review Committee reviewed the 2024 CDBG proposals and recommends the following activities be funded. The Human Services Review Committee is made up of a cross-section of City employees. Brenda Lano-Wolke, Executive Director of Homes Within Reach, stated two homes were added into the program in the previous year. They plan to add three homes in 2024. She read a letter written by a homeowner Homes Within Reach expressing her gratitude for the program. She thanked the Council for their contribution. Gary Spears, representative of Senior Community Services, explained they provide services for both interior and exterior housekeeping. He also oversees a technology program. He shared quotes from clients expressing their gratitude for the program. He thanked the Council for their contribution. Jennifer Loon, PROP Executive Director, thanked the Council for their ongoing partnership. The financial requests within the community are frequent and quickly use up the organization’s funds. She shared statistics on financial support PROP offered in the previous year. She shared a quote from a client expressing their gratitude for the program. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2024-031 approving the acceptance and distribution of 2024 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 5-0. C. ADOPT RESOLUTION NO. 2024-032 VACATING PART OF LOT 1, BLOCK 1, BURGER KING EDEN PRAIRIE ADDITION UTILITY EASEMENTS Getschow explained the developer of Crew Carwash has requested a vacation of part of the utility easements as dedicated on Lot 1, Block 1, Burger King Eden Prairie Addition to facilitate the proposed building location. CITY COUNCIL MINUTES March 12, 2024 Page 6 MOTION: Narayanan moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2024-032 vacating part of the Utility Easements lying over, under and across Lot 1, Block 1, Burger King Eden Prairie Addition. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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 A. 2024 COMMISSIONS Getschow pointed out the City Council hosted Commission interviews on Wednesday, February 28, 2024. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission Laura Herrmann and Warren Loken with terms ending March 31, 2027. Narayanan moved to appoint to the Heritage Preservation Commission Paul Thorp, George Maxwell, and Robert Bowes with terms ending March 31, 2027. Case moved to appoint to the Parks, Recreation and Natural Resources Commission Jennifer Meyer and Kirk Spresser with terms ending March 31, 2027 Nelson moved to appoint to the Planning Commission Ed Farr, Robert Taylor, and Trisha Duncan with terms ending March 31, 2027. Freiberg moved to appoint to the Sustainability Commission Cindy Hoffmann, Aaron Poock, and Carolyn Wieland with terms ending March 31, 2027. Toomey moved to appoint to the Human Rights and Diversity Commission Greg Leeper, Asad Aliweyd, John Urbanski, Susan Weaver, Savannah Riese, Shana Bates, and Jessica Oaxaca with terms ending March 31, 2027. Seconded by Nelson. Motion carried 5-0. B. 2024 COMMISSION CHAIRS AND VICE CHAIRS Getschow pointed out the leadership is almost entirely the same as the previous year. Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. MOTION: Narayanan moved to appoint Daniel Dorson as Chair and Marc Morhack as Vice Chair of the Flying Cloud Airport Advisory Commission. Case moved to appoint Steve Schumacher as Chair and Paul Thorp as Vice Chair of the Heritage Preservation Commission. Nelson moved to appoint Patrice Erickson as CITY COUNCIL MINUTES March 12, 2024 Page 7 Chair and Tom Poul as Vice Chair of the Parks, Recreation and Natural Resources Commission. Freiberg moved to appoint Andrew Pieper as Chair and Ed Farr as Vice Chair of the Planning Commission. Toomey moved to appoint Aaron Poock as Chair and Cindy Hoffmann as Vice Chair of the Sustainability Commission. Narayanan moved to appoint Gregory Leeper as Chair and Kuhu Singh as Vice Chair of the Human Rights and Diversity Commission. Seconded by Nelson. Motion carried 5-0. C. 2024 BOARD OF APPEAL AND EQUALIZATION Getschow explained the proposed members for Council approval are Eden Prairie residents and experienced real estate and valuation professionals with extensive knowledge of the Southwest metro market. There are a few Statutory requirements for the Board, and Eden Prairie has chosen to utilize the expertise of local professionals. MOTION: Nelson moved, seconded by Freiberg, 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 12, 2024 through May 31, 2024, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE REVIEW MOTION: Toomey moved, seconded by Narayanan, to enter into closed session CITY COUNCIL MINUTES March 12, 2024 Page 8 for the purpose of conducting the City Manager’s review at 7:42 p.m. Motion carried 5-0. This meeting is to conduct a closed session pursuant to Minnesota Statute § 13D.05, Subd. 3(a). MOTION: Toomey moved, seconded by Narayanan, to exit the closed session. Motion carried 5-0. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:53 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist