HomeMy WebLinkAboutCity Council - 03/02/2021APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 2, 2021 7:00 PM, CITY CENTER
CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P
G Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay
Lotthammer, Police Chief Greg Weber, Fire Chief Scott
Gerber, City Attorney Maggie Neuville, and Council
Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All City Council Members were present.
Council Member Nelson attended the meeting virtually.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. BAKER ROAD 2021 PAVEMENT MAINTENANCE AND RESTRIPING
Getschow said representatives of Hennepin County are here virtually to give an update
on the County’s 2021 pavement maintenance and restriping project along Baker Road.
Emily Kettell and Chad Ellos, representing Hennepin County Transportation Planning,
gave a PowerPoint presentation about the pavement maintenance project. Ms Kettell
stated their presentation will give an overview and set out the goals of the project,
describe the existing conditions, outline some of the benefits of a three-lane roadway,
report some of the public feedback they have received, and describe the next steps for
the project.
Ms Kettell said the project will include pavement maintenance and restriping on Baker
Road between Martin Drive and I-494. There will be pedestrian ramp upgrades and
improved corridor safety and comfort for all modes of transportation. The goals of the
project include preserving the existing roadway by upgrading the pavement surface,
improving safety, reliability and comfort for all transportation uses, reducing crashes
along the corridor, improving access for people walking and biking, and maintaining
good traffic operations. She reviewed traffic counts on the various segments of the
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roadway and noted there were 22 crashes from 2016-2019 on the segment from
Pinnacle Drive to St. Andrew Drive. She elaborated on the benefits of a three-lane
roadway.
Mr. Ellos described the crash reduction features included in the improvements. He
noted the majority of the 22 crashes that occurred were rear end or angle crashes which
they would expect to be reduced or eliminated with a three-lane section of roadway.
Ms Kettell explained the anticipated enhancements which included increasing the
comfort of walking and biking by providing a buffer space between vehicles and the
trail/sidewalks and providing flexible shoulder space. She then described the expected
traffic calming effects from slightly narrower lane widths to calm traffic speed, a more
predictable traffic flow, and eliminating swerving to change lanes. She noted the traffic
volumes there are well below the congestion threshold for a three-lane section.
Ms Kettell recounted in January Hennepin County staff completed extensive public
engagement for the project including mailing postcards to 800+ residents and
businesses within 500 feet of Baker Road. They received 125 comments from residents
via phone, email and website with 62 preferring to move forward with the project, 56
preferring not to move forward, and seven neither for nor against the project. The
concerns expressed included increased congestion, access to and from Baker Road,
reduced ability to pass other vehicles, and a need for restriping.
Mr. Ellos reviewed the next steps for the project. Hennepin County recommends
moving forward with the four to three-lane conversion from Pinnacle Drive to St.
Andrew Drive. The work is scheduled to be completed with the pavement preservation
project this year.
Case asked if they are still taking comments on the website. Ms Kettell replied the
comment period continues and the website is still open.
Nelson expressed concern about residents turning in and out of the residential areas
after the conversion to a three-way roadway. She asked if this has been used in
residential areas or just in commercial areas. She also asked if they have examples of
similar conversions that have been successful. Mr. Ellos responded by citing several
such conversions over the past 15-20 years including Park Avenue and Portland
Avenues, Medicine Lake Road in Golden Valley and Douglas Drive in Crystal. Nelson
noted having a speed limit of 40 MPH on the one-lane roadway may make it difficult
for residents to get out of their neighborhoods.
Toomey said she lived very close to Baker Road 11 years ago when the County tried to
do a similar project. At that time, she received notification, but this time the
neighborhood did not receive any notification. She would have hoped the County
would do what they did last time in terms of notification and also would have liked
them to hold a public meeting so people could talk about the project. She had a
particular issue with the large volume of traffic that will be turning into Forest Hills
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Elementary School twice a day which will cause traffic to be tremendously backed up
on the side streets. Parents are dropping off and picking up their kids more nowadays.
She was also concerned about bus traffic and would like to see any safety studies done
for such three-lane roadways. She thought the main problem in the area is right-hand
turns from Baker Road onto Hwy 62 and believed the majority of the accidents
occurred there. People do not have to stop before turning onto Hwy 62, but many of
them do. She noted there are no cross walks in the area they are discussing, and it
would be a good idea to install those with signage. She stated right now she was not in
favor of decreasing the roadway from four lanes to two with a turn lane.
Narayanan noted he does not live close to this neighborhood; however, this is his third
year on the City Council, and this project is one of the items he has heard the most
about. Most of the responses he heard from people were that they don’t want to have
the project done. He noted the County representatives stated there were 100,000
vehicles through that area, but Eden Prairie is also growing so every year that traffic
figure will grow. He believed if you go from four lanes to three lanes, the traffic
congestion will increase tremendously, and he was concerned that would lead to more
accidents. He asked what the projected traffic growth will be in the next five to ten
years because he didn’t think we would want to change the road every few years. He
believed there should be more study done and more time allowed to understand where
the residents are coming from; however, he felt like it sounded as if this is a done deal.
He thought we should get more feedback because there are a lot of people not happy
about this approach.
Freiberg stated the County representatives mentioned receiving 125 responses from
residents, and it was about a 50/50 split for and against. He displayed a stack of papers
that represented 300 responses against the project. While they did meet the
requirements with mailings about the project to 800 residents and businesses, there was
not any sort of public meeting held. The County needs to understand where people are
coming from. If the figures are true regarding vehicle counts of 10,000 vehicles per day
on that stretch of roadway, then only 22 accidents in three years is not a very high
number. He believed this project is going against what the people of Eden Prairie are
saying.
Case thought it was important to underscore this is a County roadway over which the
County has decision making power. He did believe the various levels of government
should get along, and the comments and discussion from the City of Eden Prairie is
very valid. The Council Members are citizens and each of us has another role in life
that we have in addition to serving on the City Council. We hire staff to help us with
decisions, then we weigh what is in the data and what is in the anecdotal opinions. He
believed the County wants to do the best for the City, but the City Council has an
obligation to do what is right as the elected officials of Eden Prairie. If the data showed
90% efficacy, he would favor it; however, he didn’t think this is a 90/10 situation,
rather it is more of a 52/48 split. He has driven that roadway every day and understands
the positives and negatives of the situation. He was concerned about the residents who
live along the roadway having difficulty exiting and entering onto Baker Road.
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Case felt the lack of right turn lanes would stop everybody while vehicles make a right
turn. There have been only 22 accidents in three years, and the County representatives
said the changes will reduce those by 33-50%. He would like more statistics and more
information about the 22 traffic accidents. He said he will side with the four other
Council Members because he did not believe the gain was enough in the face of all of
the public opposition. He believed if this were a 90/10 situation, it would be important
to make the changes and then educate people about the change; however, this is not a
90/10 situation. He noted having traffic lights might make a difference, and the lanes
should be relined.
Case asked, if the decision is made to go ahead, could the project be run as a pilot
project that would be looked at in a couple of years. If it did not work as well as the
County anticipates, he would like to consider returning it to four lanes. Nevertheless, he
was going to honor the opinions of the neighborhood and recommend the roadway stay
as it is.
Mr. Ellos said they were here to give the presentation, to judge your reactions and to
gather feedback. He noted they don’t get a lot of detail on crashes that have occurred.
They will take the feedback to their leadership for review.
Case encouraged residents to continue to leave comments on the County website and
email or phone the Council Members about the project.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended.
Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and
Case voting “aye.”
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2021
MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the
Council workshop held Tuesday, February 16, 2021, and the City Council meeting held
Tuesday, February 16, 2021, as published. Motion was approved on a roll call vote,
with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.”
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
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B. AWARD CONTRACT TO GARLAND/DBS, INC. FOR FIRE STATION #1
ROOF REPLACEMENT
C. AMEND THE CONSERVATION EASEMENT OVER OUTLOT A OF REEDER
RIDGE
D. APPROVE AGREEMENT WITH BOLTON & MENK FOR WILLOW CREEK
ROAD BRIDGE REPLACEMENT FEASIBILITY DESIGN
E. APPROVE PURCHASE OF CRACK SEALANT MATERIAL FROM
MIDSTATES EQUIPMENT AND SUPPLY
F. AWARD CONTRACT TO PEARSON BROTHERS, INC. FOR 2021 STREET
SWEEPING PROJECT
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-F on the
Consent Calendar. Motion was approved on a roll call vote, with Freiberg,
Narayanan, Nelson, Toomey and Case voting “aye.”
IX. PUBLIC HEARINGS / MEETINGS
A. 2021 CDBG FUNDS (Resolution No. 2021-22)
Getschow said this item is an annual event where Eden Prairie allocates the CDBG
funds used on programs for low to middle income families. These are federal funds, and
there are a lot of reporting and monitoring requirements for use of the funds. He noted
this is not related to the special COVID allocations. We take applications from area
non-profits and have a staff committee that meets to evaluate all the applications for the
CDBG dollars. He reported that the four public service activity groups that applied will
receive amounts equal to their requests. He stated most of the funding goes to housing
and administrative activities, such as the Housing Rehabilitation Deferred Loan and
First Time Homebuyer programs.
Case noted these are federal dollars so these are pass-through funds. The money allows
us to fund activities we otherwise would not be able to fund.
Janet Palmer, representing PROP, appreciated the opportunity to thank the Council for
the funds the City allocates to PROP for housing support services, vehicle repair, and
childcare programs. She reported their essential service operations stayed open during
this challenging year. The situation of many Eden Prairie residents is dire. This year
PROP has spent triple what is normally spent for help with mortgage payments. They
are seeing a lot of people who have never used PROP before.
Brenda Wolke, Executive Director of Homes Within Reach, reported her non-profit has
added 16 affordable homes in Eden Prairie since 2005. Homes Within Reach leverages
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CDBG funding with state and county funds as they try to target homes that are in need
of repair. Many people can’t afford to live in this community, and her group tries to do
the best they can for the homeowners. She appreciated the help of the partners in the
City of Eden Prairie and noted it shows the City supports its workforce.
Jon Burkhow, representing the HOME program, explained his public service non-profit
helps adults 60 and older to stay in their homes. This has been a challenging year,
especially for older adults. During the past year HOME employees have tried to
continue to serve the older adults by such activities as driving around to people’s homes
to deliver face masks. They are doing a lot of phone calls to check how people are
doing and to suggest places that could provide help if needed. They have developed a
new website, Minnesota Senior Centers, which offers free Zoom 101 classes. They
hope to expand the website to help connect people. He thanked the Council for their
partnership with HOME.
Toomey asked the name of the website. Mr. Burkhow replied it is mnseniorcenters.org.
MOTION: Freiberg moved, seconded by Toomey, to close the public hearing and to
adopt Resolution No. 2021-22 approving the use of 2021 CDBG funds as
recommended by the Eden Prairie Human Services Review Committee. Motion was
approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and
Case voting “aye.”
Toomey noted her appreciation for the support this funding gives to non-profits. It is
especially important now during the pandemic. Case added it is very important because
we couldn’t do everything without their help. Narayanan reemphasized these are federal
funds we can use to help the non-profits in our city.
B. POLICE BODY-WORN CAMERAS
Getschow said we have been looking into the acquisition of police body-worn cameras
(BWC). By State law we are required to take public comment prior to finalizing the
purchase the acquisition of the cameras. Police Chief Weber and Lieutenant Wood are
here tonight to give a presentation. He stated the action tonight is to take public
comment.
Weber reported we currently have a system of squad cameras and intend to integrate the
BWC’s into that system. They hope to bring back the contract to the Council with the
best price soon.
Wood gave a PowerPoint presentation about the Watchguard V300 BWC. He noted the
Police Department’s current squad camera system is also made by this company. The
BWC devices have a detachable battery if officers have to switch out batteries. The
camera has a natural field of view which eliminates the fisheye effect. The data
collected will be stored in a secure cloud network. They have worked with the IT
Department to make sure this is the best option. Access to the data will be limited to
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people involved in the specific case. A period of time for public comment was offered
on the City’s website from February 8-21. The policy regarding use of the BWC’s is
based on the League of Minnesota Cities model policy. They expect to purchase the
equipment by mid-March and will train officers and records staff on the use of the
cameras in May and June.
Toomey asked how long the data will be retained. Weber replied it depends on to what
it relates. In the case of a criminal act, it is seven years, while other acts have a reduced
time of retention.
Narayanan asked if the data is encrypted when it is stored. Weber replied it is encrypted
on the company’s cloud website.
Case asked for clarification of the proposed motion. Getschow responded it would
follow the regular process to ask for comments and then close the public hearing. This
is not the typical public hearing where we are required to give notice to residents.
Neuville clarified the statute says that the governing body must receive public comment
at an open meeting, and does not require public notice before hand.
Case asked what happens after tonight. Getschow replied the Council will have
authorized staff to negotiate, but the Council will take action at a future meeting to
enter into the contract.
Al Hanson, 6923 Rosemary Road, commented he was in the IT field for a number of
years and was aware that companies come and go regularly. He asked if the data is
protected if the data is moved from Company A to Company B. He also asked if the
data retention policy has been determined. Wood replied the company itself is owned
by Motorola, and we have a contract with them for protection of the data. The data
retention is determined by State statute. Neuville added there will be a provision in our
contract with the company that any time we wish to move the data they have to give us
the data at no cost.
MOTION: Narayanan moved to close the public comment period. Motion was
approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and
Case voting “aye.”
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 AND SECOND READING OF ORDINANCE NO. 4-2021 AMENDING
CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE
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FOR HUMAN RIGHTS & DIVERSITY COMMISSION
Case noted the Council held a discussion about the membership range for the Human
Rights & Diversity Commission when they interviewed commission applicants in
February.
MOTION: Narayanan moved, seconded by Nelson, to approve First and Second
Reading of Ordinance No. 4-2021 amending City Code Section 2.23, Subd. 3,
relating to the membership range for the Human Rights and Diversity Commission.
Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson,
Toomey, and Case voting “aye.”
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2021 COMMISSIONS
Getschow explained the goldenrod sheet has one additional person for membership on
the Heritage Preservation Commission.
Case observed the City Council position is a part time one, so we depend on experts
who can apply for membership on the commissions to advise us on their areas of
expertise. Every January we put out the word to apply for commission membership. We
then interview the applicants and appoint the members at the March Council meeting.
MOTION: Nelson moved to appoint to the Flying Cloud Airport Advisory
Commission Chilkunda Narendranath (community) with a term ending March 31,
2023; and Bob Barker (community) and Michael Lawrence (business rep) with terms
ending March 31, 2024; Toomey moved to appoint to the Heritage Preservation
Commission Steve Schumacher with a term ending March 31, 2023; and Robert
Bowes, George Maxwell, and Paul Thorp with terms ending March 31, 2024;
Narayanan moved to appoint to the Human Rights and Diversity Commission Samuel
Griffin and Michael Mullins with terms ending March 31, 2023; and Greg Leeper,
Sana Elassar, Asad Aliweyd, John Urbanski, and Susan Weaver with terms ending
March 31, 2024; Freiberg moved to appoint to the Parks, Recreation & Natural
Resources Commission Swati Kumar and Ashley Young with terms ending March
31, 2024; Nelson moved to appoint to the Planning Commission Ed Farr, Carole
Mette, and Robert Taylor with terms ending March 31, 2024; Toomey moved to
appoint to the Sustainability Commission Jeff Nobleza with a term ending March 31,
2023; and Emily Eddy, Cindy Hoffmann, and Aaron Poock with terms ending March
31, 2024. Seconded by Nelson. Motion was approved on a roll call vote, with
Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
B. 2021 COMMISSION CHAIRS & VICE CHAIRS
MOTION: Nelson moved to appoint Dan Dorson Chair and Andrew Kleinfehn Vice
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Chair of the Flying Cloud Airport Advisory Commission; Toomey moved to appoint
Pamela Spera Chair and Valerie Ross Vice Chair of the Heritage Preservation
Commission; Narayanan moved to appoint Gregory Leeper Chair and Shahram
Missaghi Vice Chair of the Human Rights and Diversity Commission; Freiberg
moved to appoint Patrice Erickson Chair and Cecilia Cervantes Vice Chair of the
Parks, Recreation and Natural Resources Commission; Nelson moved to appoint
Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission; Toomey
moved to appoint Aaron Poock Chair and Priya Senthilkumar Vice Chair of the
Sustainability Commission. Seconded by Freiberg. Motion was approved on a roll
call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
C. 2021 BOARD OF APPEAL AND EQUALIZATION
Case explained the Board of Appeal and Equalization is a way for people to present
questions they may have about their property assessments. This Board is made up of
real estate professionals with extensive knowledge of the southwest metro area.
Citizens make their appeal to the Council but these experts provide us with expertise
in the area of real estate.
MOTION: Nelson moved to appoint Lyndon Moquist; Toomey moved to appoint
Eileen Canakes; Narayanan moved to appoint James Lawver; Case moved to appoint
Nate Thompson; and Freiberg moved to appoint Kristin Rial to the Board of Appeal
and Equalization for the period of March 1, 2021 through May 31, 2021, or until the
Board of Appeal and Equalization completes its work. Seconded by Narayanan.
Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson,
Toomey, and Case voting “aye.”
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
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XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion was
approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting
“aye.” Mayor Case adjourned the meeting at 8:31 pm.