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City Council - 06/16/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 16, 2020 7:00 PM, CITY CENTER 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 IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS Getschow said there are several residents along with Human Rights and Diversity Commission (HRDC) members here tonight for the presentation of the Human Rights awards. HRDC Chair Greg Leeper reported the Commission Members are here tonight to present the Eden Prairie Human Rights awards. He explained the HRDC advises the City Council on matters of human rights and diversity, and he would be remiss not to recognize the recent tragic and unjust death of George Floyd. HRDC Commission members and our City grieve the loss of Mr. Floyd and are moved to act in response. Mr. Floyd’s death has been a catalyst for introspection and action for justice and peace across the world. He read aloud the Eden Prairie Manifesto as an affirmation of our collective commitment by the City of Eden Prairie. Chair Leeper explained each year the HRDC recognizes individuals and organizations that exemplify the values of the Eden Prairie Manifesto. HRDC Commission Members presented the four awards: Sana Elassar presented the Individual Award to Zina Nourkadi; Shahram Missaghi presented the Youth Award to Claire Willett; Philip Skeie presented the Non-Profit Award to ESTHER Homes; and Shahram Missaghi presented the Business Award to Umi Boutique. CITY COUNCIL MINUTES June 16, 2020 Page 2 Case congratulated the winners and thanked the HRD Commission members for their help. B. REAFFIRMATION OF EDEN PRAIRIE MANIFESTO Case said in the year 1993 we were a very different city. Under the leadership of Mayor Doug Tenpas, the City Council at that time had a lot of foresight to come forward with the Eden Prairie Manifesto. The Manifesto was reaffirmed in 1995, 2000 and we plan to reaffirm the document again tonight. MOTION: Narayanan moved, seconded by Aho, to reaffirm the Eden Prairie Manifesto. Nelson believed this is very important for the community and the culture and is more important now than ever. We care about every one of our citizens and believe it is important for everyone to have the same opportunities in the community. Aho noted all of the Council Members have received a lot of input from our residents regarding our policies for policing. Eden Prairie has always had an environment where we foster from the top down through all of our departments, and we follow the same principles of the Manifesto throughout the City. The police are using policies and procedures that are in sync with the policies of the Manifesto. In terms of making changes in our police procedures, what we have been doing is in line with our goal so there is no need to make drastic changes. VOTE ON THE MOTION: Motion carried 5-0. C. COMMISSION MEMBER AND STUDENTS ON COMMISSIONS RECOGNITION Case said we usually recognize all commission members serving each year with a dinner including those who currently serve as well as those who are retiring from the commissions; however, this year we were unable to have the event because of COVID- 19. At tonight’s meeting we are going to acknowledge our commissioners who have served their terms. The Council Members reported the names of each of the retiring commissioners as follows: Narayanan recognized Sustainability Commissioner Kate Lohnes; Aho recognized Sustainability Commissionerr Anna Anderson; Case recognized Flying Cloud Airport Commissioner Braj Agrawal; Nelson recognized Flying Cloud Airport Commissioner Daniel Kiely; Freiberg recognized Human Rights and Diversity Commissioner Rehmatbai Sumra; Narayanan recognized Planning Commissioner Balu Iyer; Aho recognized Planning Commissioner Christopher Villarreal; Case recognized Planning Commissioner Chuck Weber; Nelson recognized Parks, Recreation and Natural Resources Commissioner Leonard Pesheck; and Freiberg recognized Parks, Recreation and Natural Resources Commissioner John Rahman. CITY COUNCIL MINUTES June 16, 2020 Page 3 Case said the Council Members also want to thank the students who have served on commissions over the past year. Narayanan thanked Fl ying Cloud Airport Advisory Commission student members Evelyn Hemler, Troy Johnson, and Amogh Kalyanam; Aho thanked Heritage Preservation Commission student members Maia Chavez, Ellyse Ferlauto, Lilly Hyland, and Aditya Nandihiyar; Case thanked Human Rights and Diversity Commission student members Najma Ali, Stavan Bhakta, Winifred Halm De- Souza, Nicole Mayer, and Caprice Steidle; Nelson thanked Park, Recreation and Natural Resources Commission student members Shay Ginuag, Riley Marble, Tanay Salunke, Zachary Spears, Simon Vergara; Freiberg thanked Sustainability Commission student members Rohin Curumurthy, Mina Kim, Abhiram Nallamalli, Kiersten Orning, and Nile Timmerman. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Aho moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2020 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, May 19, 2020, and the City Council meeting held Tuesday, May 29, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. VILLAS AT SMITH VILLAGE by Halley Land Corp. Second Reading of Ordinance No. 9-2020-PUD-5-2020 for PUD District Review with waivers and Zoning District Change from RM-2.5 to R1-2.5 on 1 acre; Development Agreement (Ordinance for PUD district amendment and zoning change, Development agreement) B. ADOPT RESOLUTION NO. 2020-65 APPROVING FINAL PLAT OF VILLAS AT SMITH VILLAGE C. ADOPT RESOLUTION NO. 2020-66 APPROVING POLLING PLACE CHANGES FOR THE 2020 ELECTIONS CITY COUNCIL MINUTES June 16, 2020 Page 4 D. ADOPT RESOLUTION NO. 2020-67 APPOINTING ELECTION JUDGES FOR AUGUST 11 PRIMARY AND NOVEMBER 3 GENERAL ELECTION E. APPOINT EMERGENCY COMMUNICATIONS SPECIALIST MARK VANDENBERGHE AS EDEN PRAIRIE POLICE DEPARTMENT ALTERNATE REPRESENTATIVE TO METROPOLITAN EMERGENCY SERVICES BOARD’S 911 TECHNICAL OPERATIONS COMMITTEE F. APPROVE CHANGE ORDER 6 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT G. APPROVE AGREEMENT WITH WSB & ASSOCIATES FOR SCENIC HEIGHTS IMPROVEMENTS H. AWARD AGREEMENT TO CORRECTIVE ASPHALT MATERIALS FOR APPLICATION OF MALTENE BASED REJUVENATOR TO CITY STREETS I. ADOPT RESOLUTION NO. 2020-68 SUPPORTING A PRIORITIZED BRIDGE REPLACEMENT LIST J. ADOPT RESOLUTION NO. 2020-69 APPROVING CONSTRUCTION CONTRACT FOR EMERGENCY REPAIR OF CITY’S SANITARY SEWER SYSTEM IN VACINITY OF 7752 MITCHELL ROAD K. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT L. ADOPT RESOLUTION 2020-70 APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION MOTION: Aho moved, seconded by Narayanan, to approve Items A-L, on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, 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.” XI. ORDINANCES AND RESOLUTION A. EDEN ROAD STREET NAME CHANGE (Ordinance) Getschow explained previous discussions about the SWLRT station included some CITY COUNCIL MINUTES June 16, 2020 Page 5 discussion to rename the east-west portion of Eden Road to Town Center Place. A public hearing is not required for this item, and second reading of the ordinance will come back at a future meeting. Case noted any time there is a street name change, it might impact someone along that street. He asked if we have contacted all those who would be impacted on that street. Getschow assured him we have. Narayanan asked how we inform services such as Google about the new name. Getschow replied we have changed a few street names in the past, but he was not sure how we inform others. He promised to follow up on that point. MOTION: Aho moved, seconded by Nelson, to approve first reading of an ordinance changing the east/west portion of Eden Road to Town Center Place from its intersection with Flying Cloud Drive to the termini of the future road extension related to the Southwest LRT project and the Town Center Station. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATION XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS MOTION: Freiberg moved to appoint to the Sustainability Commission – Amanda Schlampp, Anisha Singhatwadia, Ellianne Retzlaff, and Pranav Vadhul; Nelson moved to appoint to the Flying Cloud Airport Advisory Commission – Abshir Noor, Evelyn Hemler, Pranav Kartha, and Yash Salunke; Case moved to appoint to the Heritage Preservation Commission – Aarav Subbaiah, Anna Patten, Finn Bloch, Maia Chavez, and Sarthak Agrawal; Aho moved to appoint to the Human Rights and Diversity Commission – Ifrah Edow, Jillian Pearson, Nadiah Johnson, Rashmi Acharya, Sehan Adan, and Serena Jain; Narayanan moved to appoint to the Parks, Recreation, and Natural Resources Commission – Garen McDowell, Jake Freeland, Jessica Hovde, John Hartle, Tanay Salunke, and Zetao Pan. Seconded by Nelson. Case noted he was excited we have a city where we are bringing in student commissioners with tremendous diversity to the commissions and where we have a wonderful mix of everyone from around the world who have landed here in Eden Prairie. VOTE ON THE MOTION: Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES June 16, 2020 Page 6 1. Mayor Case – Systemic Racism Case has been concerned the death of George Floyd has brought a watershed moment in U.S. history. Every community has to make something good come out of this for the sake of all black Americans and all Americans of any type of diversity. He suggested the Council may want to send staff away to come back to us in July with plans of action, or something else we can decide on tonight. The HRDC might get together and develop an action plan Eden Prairie can use to address the systemic racism, cultural racism, and institutional racism that exists in our City. All of the Council Members have received emails on all sides of the Police Department issue. Our number one goal is public safety, so the Council and staff will preserve public safety. He would like to look at how systemic racism shows up in our City staff, the Fire Department, and the Police Department. The School District has been looking at white privilege and systemic racism since the early 1990’s. Case would like to get deeper into the perceptions and feelings of every person in Eden Prairie. He would like the HRDC to be tasked with forming an actionable plan for how Eden Prairie can confront and deal with systemic racism. Systemic racism creates disparities that are actually measurable. It is not enough to blame subsets, but rather to determine why those disparities exist for black Americans, Asians. Latinos, and LGBTQIA. There is a level of hatred growing in this country that will continue if we don’t do something. Something has to change. Nelson agreed with Mayor Case and hoped this is the tipping point. It is time we finally did something. She would like to see the City Council put together a statement that we share the pain and frustration of all regarding the death of George Floyd, but it has to go beyond that. Everyone is talking and thinking about this now, so it is time to do what we have been talking about for 20-40 years. Before many other communities did so, our Police Department provides de-escalation training, and all our police officers are trained EMT’s. PROP recently put out a piece with interesting language against racism, injustice and inequality. The School District is starting to look at this. Our Police Chief put out a very good statement on the internet today about how they respond. She would like a statement by the next meeting and would like us to start talking to other cities to encourage them to make their statements because this is not just Minneapolis and St Paul’s problem; rather, it is the whole state’s problem. This is the time to change. Aho thought it is important for us as a body to recognize that some racism does exist and that we are doing everything we can to eliminate racism. It is important for us to have a Police Department that upholds our values as a City and he believes we do have that here in Eden Prairie. He spoke at length with Chief Weber, and the Police Department follows the principles and guidance of the Eden Prairie Manifesto and our core values. He thought we respect every CITY COUNCIL MINUTES June 16, 2020 Page 7 person, and that is so key to this issue. He has been reaching out to police chiefs and mayors in surrounding cities to talk to them about what they are doing, and he felt that many of the cities surrounding our community have very similar values and very similar training. For example, when our police officers are trained, their supervisors receive the same training. We know we have consistency in the message being given to our officers, as opposed to some of the larger police departments where just the officers may be trained. He thought it is so important that we pass on not only the training but the culture as well. You can have the best policies and procedures in the world, but if you don’t have a culture that supports those policies and procedures, it may not happen. He thought that is where Eden Prairie is very unique. We have a culture from the City Council down through our staff that supports all of these tenets, and he believes that is so key. He was really proud to be a part of our community and our City. Case wanted to learn what are the other perspectives in the community. Just because he, himself, feels he is doing well with his perspective on racism, that doesn’t mean that is the perspective others have. Violence against black men is racism. Recently there was a great letter from a woman whose husband had inadvertently used a $20 bill that was counterfeit. When the Eden Prairie Police checked with them on the source of the cash, she and her husband explained it was obtained from a cash machine. That was the end of the questioning for them, but we should compare that experience to what happened to Mr. Floyd. The way a black person is treated in America today causes the person to fear the police, and that is a perspective we need to hear. He met with six or seven young Somali women who shared their fear of walking into Eden Prairie High School, their fears of being around police officers, and their feelings when at the Eden Prairie Mall. Case summarized we do have racism in Eden Prairie, and he wants to find out what it feels like. That is why he thought tasking the HRDC with going out and learning the ways that individuals feel racism here would help to understand how we can actually address systemic racism here in all of our different City departments. He thought our Police Department is amazing as is their training and their leadership. He learned how different our Police Department is when Chief Weber explained what we would have done differently in dealing with George Floyd. We have a culture here in Eden Prairie that is amazing, but that doesn’t mean some of our people of diverse cultures here in the City are seeing and feeling the same thing. Narayanan reported he gets a lot of calls and text messages on this topic. He thought one of the key things is how difficult it is to judge what others are feeling and experiencing. He thought today this country is in a fragile state, and people are on the edge. We have to make sure that the Police Department and all City employees here set a good example. He did not know how many chiefs in different cities sent out a message like the one from Chief Weber. That was a CITY COUNCIL MINUTES June 16, 2020 Page 8 really powerful message telling our residents that we do care and we do train our staff. We have a great department with a trained force. In spite of the good things we do, we still need to evaluate ourselves. We need to make sure what we are doing in Eden Prairie reflects the Manifesto. This is an opportunity to look for data we have not seen and analyze the data. There may be a path we have not detected. We should be able to find that in the data and then fine tune our procedures. Maybe we should be training all departments that transact with the community. We should learn more about our hiring policies and look at the statistics to make sure we are we hiring the best people. We need to engage the community in multiple ways, and we need to set ourselves to a higher standard so we don’t have an experience like the recent one in Minneapolis. Case noted he occasionally gets sent a link from Nextdoor, and there were some really bad things written last week that were anti-black and anti-Muslim under the guise of criticizing the LRT. Martin Luther King said something to the effect that far from fearing the words of his enemies, he feared the silence of his friends. The Manifesto is a great document, but is it just words. As a city we need to determine what we can do to take action about that fear of the silence of friends. We need to call out things that contribute to systemic racism, and we need to do our part here in Eden Prairie. Freiberg believed the strongest statement we can make would be to reconfirm the Eden Prairie Manifesto because it has been our guiding principle since 1993. Perhaps it is time to strengthen it and tweak it to what is happening now. We just reaffirmed it as a solid document. He thought that is the best way to approach it and get the point across. Case suggested we could task staff with coming back in July with some options to take. He wanted this to be from the perspective of every resident in the City. He wanted to know what is the feeling that comes to people when they are stopped by a police officer. We have an opportunity to get an actionable plan to address systemic racism in Eden Prairie. Staff should come back with options and tell us what surrounding communities are doing. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Highland Oaks Development Agreement Amendment Julie Klima, City Planner, reviewed the amendment proposed to the Highland Oaks Development Agreement. She explained in October of 2019 the City approved the development plan that included the tree replacement and preservation plan. They recently received a request from the developer to amend that agreement to allow removal of more trees. They are requesting to remove six trees. Of the six trees, the City would be supportive of removing five trees in CITY COUNCIL MINUTES June 16, 2020 Page 9 order to address the drainage issues. There is one tree removal request the City staff does not support, and that is a 53-inch oak tree which generated a considerable amount of public input during the public hearings for the development project. Case asked where the tree is located. Klima pointed out the location on the map of the development. Case noted it is nicely isolated between two homes, and asked Ms Klima to explain why the developer believes it has to be removed. Klima responded the developer has communicated to City staff that removal of this tree is necessary to preserve the view and to fit the footprint of the new home. Aho asked if staff is recommending we keep the tree. Klima replied it is a heritage tree. Aho asked if we have spoken to the surrounding neighborhood about the tree removal. Klima responded staff sent a courtesy note to the neighbors who spoke at the public hearing or who sent emails to the City. Case asked if the five trees to be removed are subject to tree replacement requirements. Klima explained 64 caliper inches would need to be replaced on the property. Aho asked if the 64 inches required to be replaced could be located in the same vicinity once the grading is redone because he wanted to make sure there is a buffer between the new homes and the existing neighborhoods. Klima replied staff can look at the plans and work towards having the replacement trees near the same locations. Case asked if there would be any instability of the hillside if the trees are removed. Klima replied our Parks-Natural Resources Manager, Matt Bourne, would be the one who determines that. Freiberg asked about alternative plans because the developer had shared other versions of the plan that would allow the trees to remain in place. Klima replied when staff met with the developer on site there were a number of plans that showed how the one tree could be saved; however, those plans are not being used. Case asked if that means the City Council acted to save that tree at the original public hearing. Nelson believed the Council did say that tree should be kept. She didn’t have a whole lot of sympathy for the developer if there were plans that showed how it could be kept. Aho asked to hear about the options from the developer. Steve Schwieters, Wooddale Builders, said they went through the Planning Commission and the City Council, and there were conversations about saving that tree. The tree is not a single 53-inch oak; rather, it is three trees grouped together. The plan that CITY COUNCIL MINUTES June 16, 2020 Page 10 they were using before had all the drainage through one area. They saved a lot of trees around the perimeter when a new plan was developed that removed the tree. The tree is not a significant tree, and it is not a full blossom oak with big branches. Narayanan asked if the tree is located too close to the house. Mr. Schwieters replied they are unable to turn the house differently so the tree is about 25 feet from the house, which is very close. The likelihood of the tree making it is not good. Aho said he would be concerned about the tree living through the development process. Mr. Schwieters said we are replacing a significant number of trees, and there are already many trees throughout the neighborhood. Freiberg asked if Matt Bourne has looked at this plan. Klima replied he has. Case asked why staff thinks the tree should be saved. Lotthammer replied he asked Matt Bourne about the quality of the tree, and he said there are a lot of trees around it. He did not seem to think this would significantly impact the grading or where the house could be located. His recommendation after talking to the developer’s engineer is the tree is a viable oak tree, it is a large historic tree and it has a good opportunity to stay and live through the grading process. Case was not clear about staff’s perspective on the water issues. Klima replied when Matt Bourne met on site with the developer and engineer there were several alternatives that would save the tree and did have drainage options. Case asked if this will work with the two houses there. Klima replied there may be other tweaks to the plan for drainage issues, but she believed there are alternatives. Case was concerned about the value of the home and the surrounding homes there. He asked if we could make sure the development agreement shows the border on the south side will be heavily treed with the new grading so the impact on the neighbors and the new homes is minimal. Klima replied staff could work with the development agreement to prepare a tree replacement plan to reflect the intention and the goals of the City Council. That plan would be included in the amendment when it comes back for final approval. Narayanan asked about our policy if we kept the tree and the developer then sold to another developer. Klima replied through the development process the City works to preserve and replace trees, but once the homes in the R-1 district are sold to individual home owners the owners have the right to deal with their own trees. Narayanan asked if staff is aware that the tree is made up of three trees clumped together and if that would bring a different perspective for staff. Klima replied it is a three-pronged tree, but in the tree inventory prepared by our licensed professional it is classified as a 34-inch caliper tree. CITY COUNCIL MINUTES June 16, 2020 Page 11 Aho was concerned if we try to save this oak tree we are creating a potential problem for future homeowners for possible water problems. It might be a better solution to allow the removal of that tree and specify it be replaced by trees that will enhance the new lots as well as the existing lots. He would be inclined to remove the tree. Nelson preferred to keep any heritage trees, and there appears to be alternative ways to make the drainage work. She had not heard anyone say there was not a way to get the water around the area. At this point she would say to leave the tree. Freiberg concurred with Council Member Nelson. When he served on the Planning Commission, there was discussion about that particular tree when the developer came back to us at the public hearing. If staff considers that tree to be 53 inches, it is a heritage tree. He agreed if there are options for water drainage the tree should remain. Narayanan said the tree should stay if there is a way to make the drainage work. Case was torn because he always wants to consider three points: what is best for the people of Eden Prairie; what is best right now for this particular development and the contiguous neighbors, and what will be best ten years from now. He would be leaning now to taking the tree down and replacing it, but it appeared that was not the majority opinion. MOTION: Nelson moved, seconded by Freiberg, to direct staff to prepare an amendment to the Development Agreement consistent with Council and Staff’s recommendation. Motion carried 4-1-0, with Aho opposed. 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: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:40 p.m.