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City Council - 11/17/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 17, 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, 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. He reported we are working on a process to make Council meetings a hybrid of in person and virtual. Council Member Nelson has chosen to attend tonight’s meeting virtually. All the other Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE LAND ACKNOWLEDGEMENT STATEMENT Getschow stated the members of the Human Rights and Diversity Commission spent quite a bit of time working together to develop an Eden Prairie Land Acknowledgment Statement. Katherine Lucht and Leslie Philmon, representing the Human Rights and Diversity Commission, reviewed the statement which provides a formal document that recognizes the unique and enduring relationship that exists between Indigenous Peoples and the land where Eden Prairie resides. Ms Lucht explained the process the Commission used to put together the statement and addressed the next steps to be taken. Ms Philmon noted the statement is timely because November is Native American Heritage month. Case recalled he taught Eden Prairie history to fifth and sixth graders for many years and was pleased to be acknowledging this aspect of our history. He was excited for the work the Commission has done. He read a proclamation proclaiming the statements as a step towards greater public consciousness of Native sovereignty and cultural rights and to promote an equitable relationship and reconciliation. CITY COUNCIL MINUTES November 17, 2020 Page 2 B. HENNEPIN COUNTY COMMISIONER JAN CALLISON Case introduced Hennepin County Commissioner Jan Callison and commended her for her record of visiting every city in her district each year since becoming a Hennepin County Commissioner. She has chosen not to run for another term, so this will be her last visit to the Eden Prairie City Council. Ms Callison presented a PowerPoint update on the past year in Hennepin County. She listed three main areas of concentration for 2020: COVID-19, the unrest in Minneapolis, and the 2021 budget. She showed slides with the demographics of COVID-19 cases in the county including the disparity of case numbers by race. She reviewed the status of the County’s responses to COVID-19 and explained what measures the County is taking to mitigate damages experienced during the unrest in Minneapolis. She stated the 2021 budget will have a maximum levy with a 0% increase but cautioned there are several unknowns, such as the COVID-19 expenses, the County’s share of isolation and COVID shelters, federal and state assistance available, post-COVID expenses, and costs for vaccination distribution. She reviewed the number and percentage of voters who voted in the recent 2020 General Election. Ms Callison thanked the Council Members for their support during her tenure as a Hennepin County Commissioner. Case thanked Ms Callison for her service and asked how the County was able to keep the levy low this year. Ms Callison responded they have been able to cut some expenses with employees working from home and also found a number of creative ways to save money. Narayanan asked about the County’s plan to distribute help to small businesses. Ms Callison explained the County uses non-profits to screen applications for distribution of the funds. C. SMALL BUSINESS SATURDAY PROCLAMATION Getschow said the City of Eden Prairie has supported the Small Business Saturday initiative for many years by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create jobs, boost the economy and preserve communities around the country. Case reflected the City needs small businesses to survive post-COVID. He read a proclamation proclaiming November 28, 2020, as Small Business Saturday, and urging residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. CITY COUNCIL MINUTES November 17, 2020 Page 3 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2020 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, October 20, 2020, and the City Council meeting held Tuesday, October 20, 2020, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. CODE AMENDMENT FOR TOWERS AND ANTENNAS by City of Eden Prairie. Second Reading of Ordinance 15-2020 to amend City Code Chapter 6 and Chapter 11 to comply with recent Federal Communication Commission rulings; Resolution 2020- 98 approving Summary Ordinance (Ordinance No. 15-2020; Resolution No. 2020-98) C. TILLER CORPORATION PLANT 912 by Tiller Corporation. Second Reading of Ordinance 16-2020 for Zoning Change from Public to Industrial on 4.49 acres and Rural to Industrial on 1.09 acres; Resolution 2020-99 for Site Plan Review on 13.21 acres; Development Agreement (Ordinance No. 16-2020 for Zoning Change from Public and Rural to Industrial; Resolution No. 2020-99 for Site Plan Review, Development Agreement) D. ADOPT RESOLUTION NO. 2020-100 APPROVING FINAL PLAT OF GO ADDITION E. APPROVE CITY’S USE OF CARES ACT FUNDS F. AUTHORIZE AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOR DEER MANAGEMENT SERVICES G. AWARD CONTRACT TO DEYOUNG CONSULTING SERVICES FOR RACE AND EQUITY CONSULTATION H. AWARD CONTRACT TO GRAYBAR FOR PURCHASE OF STREETLIGHTS FOR WEST 70TH STREET RELATED TO SOUTHWEST LIGHT RAIL PROJECT CITY COUNCIL MINUTES November 17, 2020 Page 4 I. APPROVE CONSTRUCTION CONTRACT WITH O’NEILL ELECTRIC, INC. FOR REPLACEMENT OF EDEN PRAIRIE ROAD LIFT STATION CONTROL PANEL J. AWARD CONTRACT TO TRAFFIC CONTROL CORPORATION FOR PURCHASE OF SIGNAL CABINET FOR WEST 62ND STREET PROJECT K. APPROVAL OF AGREEMENT WITH NATIONAL RESEARCH CENTER AND POLCO FOR 2020 COMMUNITY SURVEY Case announced he will recuse himself from the vote on Item J because that item is being funded by his employer. Aho asked to pull Item G for discussion. He observed we are proposing to spend $50,000 for consulting services on race and equity consultation, and he was not in favor of that. He did not believe the City of Eden Prairie is systemically racist and did not believe it would be a good investment to learn how not to be systemically racist. MOTION: Aho moved, seconded by Narayanan, to approve Items A-F, H, I, and K on the Consent Calendar. Motion carried 4-0. MOTION: Aho moved, seconded by Freiberg, to approve Item J on the Consent Calendar. Motion carried 3-0-1, with Case abstaining. Regarding Item G, Aho reiterated his concern about paying $50,000 for a consultant to tell us if we are racist. He would prefer the money go to something that is actionable and helpful. Freiberg was concerned about the amount and was not sure that money might be better used elsewhere. He would like to discuss this further tonight or at another meeting in order to make sure there aren’t other options that might be more economical. Case believed there is white privilege across the country and systemic racism is built into our society. He noted in the past the Eden Prairie School District has hired firms to help them work with racism in the schools. Narayanan also wanted to have more information on the subject. Getschow said staff could provide some background information about the contract at another meeting. IX. PUBLIC HEARINGS / MEETINGS A. TRAIL POINT RIDGE PUD AMENDMENT By CB Eden Prairie Limited Partnership. First and Second Reading of Ordinance No. 17-2020-PUD-9-2020 for CITY COUNCIL MINUTES November 17, 2020 Page 5 PUD District Amendment with a waiver on 2.03 acres; Development Agreement (Ordinance No. 17-2020-PUD-9-2020 for PUD District Amendment; Development Agreement) Getschow said the applicant is requesting approval of an amendment to the Trail Pointe Ridge Planned Unit Development regarding parking. The property is located at 16397 Glory Lane. The building contains 58 workforce housing units and was approved as part of the Smith Village project. Construction of the project is nearly complete. The approved plan for the Trail Pointe Ridge portion of the Smith Village project requires 116 total parking stalls. There are 49 covered parking stalls in the underground parking garage and 67 surface parking stalls. City Code requires 58 covered parking stalls; however, a waiver was granted to allow 49 covered parking stalls in the underground parking garage. The amendment would allow the removal of one covered parking stall in the underground parking garage and the addition of one surface parking stall to maintain 116 stalls. Cecile Bedor, Executive Vice President of Real Estate for Common Bond Communities, gave a PowerPoint presentation that included a review of the history and objectives of Common Bond Communities and the details of the amendment to the Development Agreement. She explained the amendment for the covered parking stall came about because of a last-minute requirement to increase the size of the make-up air unit. Aho commented it seems like a minor change. He noted Common Bond does great work, and the building is coming along very well. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to approve the first and second reading of Ordinance No. 17-2020-PUD-9-2020 for the Planned Unit Development District amendment with waivers on 2.03 acres; and to approve the first amendment to the Development Agreement for Trail Pointe Ridge. Motion carried 4-0. 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, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL MINUTES November 17, 2020 Page 6 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 City Attorney Neuville reviewed the State statute regarding moving to closed session for the purpose of conducting a performance review of the City Manager. She noted the Mayor will read a summary of the performance evaluation at the next City Council meeting and no vote will be taken at the closed session. Case explained the City Council has one employee, the City Manager, who in turn hires the people who do the work for the City. The Council reviews the City Manager’s performance annually. At 7:44 pm the City Council moved to closed session for the City Manager performance review. XVI. ADJOURNMENT Mayor Case adjourned the meeting at 8:44 pm with the consent of the other Council Members.