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City Council - 04/21/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 21, 2020 7:00 PM, CITY CENTER Virtual Meeting Via WebEx CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson 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, 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 Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Mayor Case welcomed viewers to the first ever virtual Eden Prairie City Council meeting. He noted he is conducting the meeting from the Council Chamber, but the other Council Members are participating in the meeting from their homes. He reported the Council and staff are doing everything possible on behalf of the community to continue to make our local City government work and to be as inclusive and interactive as possible under these circumstances to produce the results necessary to continue to keep our community safe, productive and fully functioning. He asked viewers to continue to reach out to Council Members by email or voice. City Hall might be closed to the public, but our many full and part-time employees are all performing their job functions, keeping our City running smoothly, and serving all our residents at the highest capacity. He gave special recognition to our front line employees who are continuing to give their best day in and day out. We so appreciate our police officers, firefighters, road crews, park maintenance staff, water and utility staff and every department that handles day to day operations for the City. He thanked the employees for all they do to make living in our City so positive. Case congratulated Nibir Sarma, an Eden Prairie graduate, for recently winning the National Jeopardy College Championship. IV. PROCLAMATIONS / PRESENTATIONS A. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION CITY COUNCIL MINUTES April 21, 2020 Page 2 Chief Weber reported last week we celebrated National Public Safety Telecommunicators Week. Eden Prairie is fortunate to have an independent public safety answering point that has operated flawlessly for the last 30 years. He noted two of the telecommunicator employees will be celebrating 30 years of service this year. He said we are also grateful to our Fire Department and IT Department employees who do everything they can to keep us operational. Mayor Case read a proclamation proclaiming the week of April 12-18 National Public Safety Telecommunicators Week in the City of Eden Prairie. B. ARBOR DAY PROCLAMATION Lotthammer stated Eden Prairie has been a Tree City USA for quite some time. This year our Arbor Day celebration will not be what it has been in the past, but we did conduct a tree sale so residents could purchase a variety of trees to help diversify our stock. Our stock of trees was sold out and we needed to order more, which indicates how much people in Eden Prairie value trees. Most years we would have a celebration at Round Lake, but that won’t take place this year. Case was proud of Eden Prairie for a 25-year history with our tree preservation policy and the work we have done to preserve trees across the City. We have more trees in Eden Prairie now than at any time in our history. He read a proclamation proclaiming April 24, 2020, as Arbor Day in the City of Eden Prairie. C. ACCEPT DONATION OF $5,000 FROM ELAINE SAMPSON FOR PURCHASE OF ART CENTER EQUIPMENT (Resolution No. 2020-48) Lotthammer reported it has been 12 years since the Sampson family gave the Art Center to the City of Eden Prairie, and that building has come a long way in its development. He thanked Elaine Sampson for much of the funding for the equipment in the Art Center. He noted many people use the facility, and Ms Sampson has helped the residents of Eden Prairie to be involved in the arts. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2020-48 accepting the donation in the amount of $5,000 from Elaine Sampson to go toward Art Center equipment. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” D. ACCEPT DONATION OF $1,100 FROM DR. AHMAD ORANDI FOR PURCHASE OF OUTDOOR CENTER EQUIPMENT (Resolution No. 2020-49) Lotthammer reported Dr. Ahmad Orandi visited the Observatory at Staring Lake as a participant in our Star Watch program and had a desire to give back to support science at the Outdoor Center. His donation of $1,100 will be used for equipment and programs at the Outdoor Center. CITY COUNCIL MINUTES April 21, 2020 Page 3 MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020-49 accepting the donation of $1,100 from Dr. Ahmad Orandi to the Staring Lake Outdoor Center. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.T. should be removed from the Consent Calendar. The item is not ready and will be brought back for approval at a future Council meeting. MOTION: Aho moved, seconded by Narayanan, to approve the agenda as amended. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 17, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 17, 2020 MOTION: Aho moved, seconded by Narayanan, to approve the minutes of the Council Workshop held Tuesday, March 17, 2020, and the City Council meeting held Tuesday, March 17, 2020, as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. EDEN RIDGE, LLC by Eden Ridge, LLC. Second Reading of Ordinance 7-2020- PUD-3-2020 for PUD District Review with waivers and Zoning District Change from Rural to R1-9.5 on 4.3 acres; Development Agreement (Ordinance No. 7-2020- PUD-3-2020 for PUD district amendment and zoning change) C. GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT by Opus Development Company LLC. Second Reading of Ordinance 8-2020-PUD-4-2020 for PUD District Review with waivers and Zoning District Change from Rural to I-2 and Parks and Open Space on 10.258 acres; Development Agreement (OrdinanceNo. 8-2020- PUD-4-2020 for PUD district review and zoning change; Resolution No. 2020-50 for Site Plan Review) D. ADOPT RESOLUTION NO. 2020-51 APPROVING FINAL PLAT OF GOLDEN TRIANGLE INDUSTRIAL CITY COUNCIL MINUTES April 21, 2020 Page 4 E. ADOPT RESOLUTION NO. 2020-52 APPROVING FINAL PLAT OF ISD 272 CMS ADDITION F. APPROVE 2019 UNBUDGETED FUND TRANSFERS G. DECLARE SURPLUS PROPERTY H. ADOPT RESOLUTION NO. 2020-53 AUTHORIZING APPLICATION FOR GRANT FUNDS TOWARDS PLAY STRUCTURES THROUGH THE HENNEPIN COUNTY YOUTH SPORTS GRANT PROGRAM I. ADOPT RESOLUTION NO, 2020-54 RATIFYING AGREEMENT FOR CITY USE OF CAMP EDEN WOOD J. APPROVE CHANGE ORDERS 3, 4 AND 5 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT K. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR 2020 SEALCOAT L. AWARD CONTRACT TO CEMSTONE PRODUCTS COMPANY FOR 2020 CONCRETE SUPPLY M. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR 2020 PAVEMENT MANAGEMENT PROJECT N. APPROVE AGREEMENT WITH SRF FOR TC&W ROADWAY SAFETY IMPROVEMENTS IN-CONSTRUCTION SERVICES O. ADOPT RESOLUTION 2020-55 APPROVING LOCAL ROAD IMPROVEMENT GRANT AGREEMENT WITH MNDOT FOR TC&W ROADWAY SAFETY IMPROVEMENTS P. AUTHORIZE PURCHASE OF LENCO BEARCAT ARMORED VEHICLE Q. AWARD CONTRACT TO NORTHSTAR MUDJACKING AND MORE FOR 2020 MUDJACKING R. APPROVE AGREEMENT WITH HTPO FOR DEERFIELD TRAIL IMPROVEMENTS AND CURB AND GUTTER REPLACEMENT PROJECT S. AWARD CONTRACT TO BKJ EXCAVATING FOR 2020 DEERFIELD TRAIL IMPROVEMENTS PROJECT T. APPROVE PURCHASE OF STREETLIGHTS FOR EDEN ROAD & TOWN CENTER PLACE CITY COUNCIL MINUTES April 21, 2020 Page 5 U. ADOPT RESOLUTION NO. 2020-56 RATIFYING FIRST AMENDMENT TO LEASE AGREEMENT WITH NGUYEN FAMILY INC. DBA LOTUS NAILS SPA AND THIRD AMENDMENT TO LEASE AGREEMENT WITH PUREGRACE, LLC DBA SMITH COFFEE Freiberg asked for clarification of Item P., the purchase of a Bearcat armored vehicle. Chief Weber replied the Lenco Bearcat armored vehicle is a vehicle our SWAT team will use for their safety and the safety of those we deal with in the community during volatile situations. MOTION: Nelson moved, seconded by Freiberg, to approve Items A-U, minus Item T, on the Consent Calendar. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS A. VACATION OF CMS RIGHT-OF-WAY AND EASEMENTS (Resolution No. 2020-57) Getschow explained we have to vacate right-of-way easements for many development projects in the City. This item is related to the CMS project approved at a previous Council meeting He noted Xcel Energy filed an objection to the easement, and the School District and City staff are working with them. He asked for the motion to be contingent on Xcel Energy withdrawing their objection. Aho asked if we know what Xcel’s objection is to the vacation. Ellis responded the objection is that one of their facilities they were unaware of is located within the easement. The School District will help them with relocating the facility, and they will withdraw the objection. Aho commented that means it would be more of a timing issue than objecting to the project itself. Case commented this public hearing is not that large or critical in terms of outcome as some that may come before the Council at future meetings. He asked Mr. Getschow to review how the public could respond to items on the Council agenda during this time with a virtual meeting format. Getschow explained instructions were sent regarding how people could comment on any item on the agenda when the Council packet was published. For the public hearing tonight we also provide an opportunity for people to call in now and speak about the item by following the instructions on the screen. He noted many of the cities around us have conducted public hearings in the same virtual format. Case asked how we would distribute communications received from people about future public hearings. Getschow replied it would be read at this point in the meeting during the public hearing. There have been other occasions when we have had documents read into the record. Case asked if that would mean we would read emails CITY COUNCIL MINUTES April 21, 2020 Page 6 live at the time of the public hearing. Getschow said that was correct, and noted the fact we received no communications about this item tonight. Case opened the public hearing. Case asked how we would proceed if this were a public hearing that had 12 or so people who phoned in and wanted to speak. Getschow said we would keep them in the order the calls were received. The calls would be announced to the Mayor, and the callers would be taken in sequence. Case noted he was not sure the May meeting will be held in the Council Chamber or as a virtual meeting, but there will be a public hearing of a development project included in the meeting. Case asked what would happen if someone missed the meeting and wanted to comment later. Getschow replied we would take feedback after the fact, but the public hearing would be closed and the action would have been taken. Case noted a public hearing item is not final until second reading, and asked Ms Neuville if we could take feedback from someone who sent in some comment for consideration by the Council before second reading. Ms Neuville replied the City Council can consider any information in front of it prior to second reading, although State statute does not specifically address that subject for public meetings held by video or phone. If it comes to that, the Council might have to decide on a case by case basis because there is no real legal authority or guidance for how to handle such a situation. Case asked if, in a normal situation with a public hearing in the Council Chamber, someone could have submitted something to be included in the record prior to second reading. Ms Neuville replied the public hearing is noticed as a public hearing, and the City Council is only required to listen to those comments from people at the properly noticed public hearing. She would say it could not be included in the record, but we might have to look at it on a case by case basis if there were, for example, a technical issue involved. Getschow noted nothing came in regarding this particular item. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; and to adopt Resolution No. 2020-57 vacating Right-of-Way and Drainage and Utility Easements, contingent on the Xcel Energy objection being withdrawn. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” CITY COUNCIL MINUTES April 21, 2020 Page 7 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS Case asked the Council Members for their comments about the virtual meeting. Nelson asked if the Council Members will be able to have a presentation like we normally receive for agenda items. Getschow replied we have the ability to present information and people can provide presentations. Case noted they can also load in a PowerPoint before the meeting. Nelson asked if a neighborhood group would have the ability to give us a PowerPoint in advance of the meeting. Getschow replied he believed people have given a presentation as part of a public hearing so we could televise that. Nelson asked when such input would have to be submitted. Getschow said we would appreciate receiving the information by noon of the meeting date. It would be more difficult if they were to bring the information the evening of the meeting. Narayanan commented it would be difficult to show something that was not in electronic form during the meeting so it should be submitted ahead of time. He thought we did a good job tonight and it went well. Case noted we had a lot of IT employees helping tonight. If a resident had a paper copy of something with information they could call the City, bring it to City Hall, and we could scan it to show at the meeting. He thought there are ways we can work it out. We want to continue to allow the public as much access as possible, and everyone should feel free to reach out to individual Council Members. Freiberg thought the technical side of the meeting went well, and he thought we could go forward with this format for a more complicated meeting. Aho said the meeting did go well, and he appreciated the staff that worked on this and made it happen. He did hope we can get together in the usual format because he missed having the meetings in person. Getschow noted things change on a day-by-day basis. We will try to move meetings to City Hall on a social distancing basis. We will keep the public informed of our plans. Case noted that chances are during the next year at least one of the five Council Members or a family member will experience a quarantine, so one of the Council Members may be on virtual camera at home during a meeting. He noted City Hall may be closed, but all our staff are working. CITY COUNCIL MINUTES April 21, 2020 Page 8 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 XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Mayor Case adjourned the meeting at 7:41 p.m.