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City Council - 07/14/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 14, 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, 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 Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. POLICE AND FIRE DEPARTMENT AWARD Police Chief Weber and Fire Chief Gerber presented commendations to Robert Otto and Spirit Otto for their heroic actions. Chief Weber recounted the selfless and brave actions of the Otto’s that resulted in the rescue of four individuals whose canoe had overturned on Birch Island Lake. B. TOUR DE TONKA by Tim Litfin Tim Litfin, representing Minnetonka’s Tour De Tonka event, explained this year’s event will be a virtual one, but they are already planning next year’s event for August 7, 2021. He noted 1500 participants in this year’s event will receive Tour De Tonka face masks, with the rest of the money going to the food shelves. He added they hope to sponsor a small bike ride in late September this year. Information about the September bike ride will be on their website. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.A. should be added to the Consent Calendar. Case added Item XIV.A.2. CITY COUNCIL MINUTES July 14, 2020 Page 2 MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 16, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 2020 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, June 16, 2020, and the City Council meeting held Tuesday, June 16, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF ORDINANCE NO. 10-2020 REGARDING EDEN ROAD STREET NAME CHANGE C. APPROVE REPLACEMENT AND UPDATE OF ALL REGISTERS AT LIQUOR STORES 1, 2, AND 3 D. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE SWITCHES AND FIREWALL FOR NETWORK UPGRADES E. ADOPT RESOLUTION NO. 2020-71 APPROVING TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT AGREEMENT WITH HENNEPIN COUNTY F. APPROVE LEASE FOR LAKE RILEY HOUSE G. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM H. APPROVE AGREEMENT WITH AET FOR GEOTECHNICAL WORK FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT I. AWARD CONTRACT TO JOHNSON CONTROLS INC. TO REPLACE CITY CENTER EAST FLUID COOLER MOTION: Nelson moved, seconded by Freiberg, to approve Items A-I, on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES July 14, 2020 Page 3 A. EDEN PRAIRIE HIGH SCHOOL SIGN PUD AMENDMENT by Spectrum Sign Systems, Inc. Resolution No. 2020-72 for PUD concept review on 66.6 acres; First reading of Ordinance No. 11-2020-PUD-6-2020 for PUD district amendment with waivers on 66.6 acres (Resolution No. 2020-72 for PUD concept review; Ordinance No. 11-2020-PUD-6-2020 for PUD district amendment with waivers) Getschow reported the applicant is requesting a PUD concept review and PUD district amendment with waivers to install additional signage at 17185 Valley View Road. The site is approximately 66.6 acres. The applicant is proposing to install an approximately 103 square foot sign on the south elevation of the building. The location and size of the sign is intended to provide way-finding and serve as a location marker from the intersection at Valley View Road. Notice was provided to 148 property owners. The Planning Commission voted 8-0 to recommend approval of the project. Eric Taucheck, representing Spectrum Sign Systems, reviewed the proposal to add a sign to alleviate some vehicle confusion at the entrance to the parking lots for the Performing Arts Center at the High School. The PUD amendment would allow the installation of a 103 square foot sign on the south elevation of the building and would replace the current banner sign at that location. The amendment would also increase the number of wall signs allowed from six to seven. Case explained he supported the request and asked if back lighting of the sign would be a concern for homes across the street. Getschow noted there is quite a bit of distance from the nearby houses to the sign location and the sign should not have an impact on the neighbors. City Planner Klima related at the Planning Commission hearing there was a conversation about that, and they concluded the sign is quite a distance from the closest residence. Case asked if we could reconsider the approval if there were complaints from residents. Klima responded we could have a conversation with the School District if that would be the case. Freiberg noted 148 notices were sent out about the public hearing and asked if there was any pushback. Klima replied there was only one person who spoke at the Planning Commission hearing. Case believed way-finding is important. We want people to know this is our High School, and we are proud of it. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution 2020-72 for the Planned Unit Development concept review on 66.6 acres; and to approve the first and second reading of Ordinance 11-2020-PUD-6-2020 for the Planned Unit Development district review with waivers on 66.6 acres. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES July 14, 2020 Page 4 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 RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Water Challenge (Resolution No. 2020-73) Getschow said Eden Prairie has been involved in the Mayor’s Water Challenge for several years. Previously held in the month of April, the challenge has been moved to the month of August this year. Residents should go to the Wyland Mayor’s Water Challenge website to sign up and take the water challenge. The number of people signing up in each of certain size cities is tallied, and Eden Prairie has done very well with the challenge every year. Each year’s challenge is a little different. Case encouraged residents to register to take the water conservation challenge and asked how people would find information about the challenge. Getschow said there will be information on social media, on the website, and in the newspaper. Narayanan asked if the information includes how to conserve water. Getschow explained the website does explain how to conserve water by many different means. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2020-73 supporting the Wyland Mayor’s Challenge for Water Conservation. Motion carried 5-0. B. REPORT OF CITY MANAGER 1. Race Equity Initiative Case explained the Council tasked staff to come back with ideas to work into a plan of action to address systemic and institutional racism within our City. Getschow reported the immediate follow up was a discussion with the Human Rights and Diversity Commission (HRDC) staff liaison and the Commission CITY COUNCIL MINUTES July 14, 2020 Page 5 Chair, Greg Leeper, who put together a plan of action and brought the plan to the HRDC last Thursday for the Commission members input. They are bringing it tonight for Council input. The HRDC will lead the effort to put together a report in the next six to nine months with the assistance of the City Council, City staff, possibly a consultant, and the community. The initial brainstorming led to identifying six main areas of inquiry: 1. City Emergency Response--Review of policies and practices of our emergency response services; 2. City Program Accessibility and Culture—Review the experience of residents who use the City facilities and amenities; 3. City Recruiting, Hiring and Retention—Review the City’s process and procedures for recruiting, hiring and retaining employees with a focus on diversity and inclusion; 4. Connection to the Community—Examine the relationship between the City and its residents; 5. Communication Experience—Learn about the experiences of Eden Prairie residents from their perspective; 6. Developing Future Leaders—Identify strategies the City can implement to empower youth to prepare them as the next generation of leadership. Getschow further reported there will probably be workshops scheduled with the City Council and the HRDC to discuss various area of inquiry before bringing back the report to obtain further direction from the Council. Case observed he raised the idea at the last meeting because he believed it is not enough to start a discussion. He wanted to go beyond discussion, and this plan sounds like it could go further and provide something actionable the community can follow. He felt very confident with HRDC Chair Greg Leeper leading the development of the plan. Nelson was very excited about the plan because it covers a lot and should get a lot of community interaction. She declared herself open to questions from the group at any time. It is time to do what we can and then to celebrate what we do. Narayanan thanked Mr. Getschow and Mr. Leeper for the plan. He believed it touches every aspect of the issues involved. He asked if we will use the website and social media to share this so people know we are taking action. Getschow replied the public component will be an important part of the plan. Case commented a lot of the initial conversation in municipalities after the murder of Mr. Floyd was to look at Police Departments as a result of what many people saw in the Minneapolis Police Department. The Council had a presentation from Chief Weber at the workshop tonight. We have a phenomenal Police Department and have trained all our police officers in first aid and safety. We will look at everything including the Police Department, but he wanted the CITY COUNCIL MINUTES July 14, 2020 Page 6 people of Eden Prairie to know we have an exceptional Police Department that is well-trained and well-funded. We are not at all interested in defunding the Police Department, rather we may add some services to help our officers to become even better trained or to provide better service. Nelson added it is important for people to know Eden Prairie police officers have received de-escalation training for years, unlike many municipalities that are just beginning that type of training. XIV.A.2 Discussion Regarding Mandating Masks (Taken out of sequence after Item XIV.B.1) Case reported City Council members have been getting a lot of emails, phone calls and contacts regarding the subject of mandating masks. In addition, three more cities mandated masks today—Duluth, Excelsior and Minnetonka. Because we have been getting a lot of requests to mandate masks, we will try to make a decision that is best for all of our residents. He did not plan to take action tonight but wanted to ask the other Council Members to give their thoughts on this subject. Nelson thought there are advantages for the City to ask people to wear masks, especially inside or outside in large groups. Many people have preexisting conditions that make it dangerous to be around those who do not wear masks. She believed many people have connections to those they would like to keep protected without needing to have a sign posted at individual facilities. It gives businesses the right to say, “In this City we ask you to wear a mask.” Narayanan explained most of the Council Members have received messages regarding masks. Science has proven that mask use helps reduce the spread of the virus, especially in the case of those who are asymptomatic. In Minnesota the number of people testing positive for the virus has increased. One group of messages he has received would like to have a mask mandate, while the other group would simply choose to wear a mask without a mandate being issued. It is important that people know the reason to wear a mask is for the benefit of others, not just themselves. We do many things to help others in our community so he believed we should sacrifice a bit of comfort for the safety of others and the greater good of the community. Freiberg believed there is a problem with mandating this on a City-wide basis because it should come from the State government and should not be enacted on a city-by-city basis. When the mandate is on a city-by-city basis, there is a burden put on the retailer to enforce the use of masks, which makes it very difficult for them. Aho thought there is evidence that mask wearing does help, but also evidence that shows it is not the “be all and end all.” Businesses and other organizations CITY COUNCIL MINUTES July 14, 2020 Page 7 can implement a mask policy, and they have the right to do that if they choose. If people feel they are at risk and need to wear a mask, they have the opportunity to do that. We need to do everything in our power personally to prevent the spread of the virus. He thought it is heavy handed to mandate masks at the city level. If the state says masks are mandatory, that is different and we will all comply; however, he was opposed to doing so at the city level. Case did not have a personal problem with the concept of mandating masks. He thought there are reasons behind both sides of the issue. If every city around us were to mandate masks in the next week or so, he would lean towards doing that as well. His personal feelings have to do with the practicality and pragmatism of mandating masks. If the numbers in Minnesota today are not warranting a mandate and we believe there might be a wave two coming in the fall, then cities mandating it now will have to keep the mandates in place for a long time. We have seen the effects of virus fatigue and loosening things too early. He set out three different data trend lines to be considered in the decision making process:  The percentage of positive tests to the total cases, week over week.  A trailing indicator that shows the number of hospitalizations occurring, which has been down slightly in Minnesota; and  Another trailing indicator which is the death rate, and that is falling in Minnesota. Case then observed that Governor Walz may soon make a decision for the State. If he were the Governor, he would set some bar based on metrics to determine when a mandate would kick in. There might also be some metric we could use for the City. While the Council could enact an ordinance tonight, he suggested we sit back and see what the Governor is going to do. In the meantime, we could ask Chief Gerber to go back and get data to use to develop metrics around this. We may not need to do that because we have a very slow rate of growth of the virus in Eden Prairie and we are not a hot spot now. If we see a trend upwards in the data, he could call an emergency meeting for the next day and, under emergency powers, could put the ordinance into effect. We should find more data on our numbers and have Chief Gerber determine what the trends are and research some benchmark figures from around the country to determine a certain level that would trigger action. We would watch what the numbers are doing very closely. To sum up, he was suggesting we put a hold on the mandate for a week or so. Case further believed the Governor is being pressured to do something. We want the people of Eden Prairie to know we are very much on top of this issue. The people of Eden Prairie are in one of the safer areas of the country right now. The trends are not indicating the need for action to shut down again. Nelson was willing to wait to see what happens at the State level; however, she would like to ask everyone in Eden Prairie who cares about their neighbors and CITY COUNCIL MINUTES July 14, 2020 Page 8 others to wear masks. It is not about you, but rather about protecting others from you. Case concluded by noting the preponderance of expert advice says that masks work. While we do not have a lot of data about the effectiveness of masks with the COVID-19 virus, there is a lot of data available from past experience for other communicable diseases showing the positive effects of using masks, and that is why the medical community is in favor of masks. C. REPORT OF COMMUNITY D. DEVELOPMENT DIRECTOR E. REPORT OF PARKS AND RECREATION DIRECTOR F. REPORT OF PUBLIC WORKS DIRECTOR G. REPORT OF POLICE CHIEF H. REPORT OF FIRE CHIEF I. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Narayanan, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:14 p.m.