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City Council - 12/01/2020APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 1, 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, Finance Director Sue Kotchevar, Finance Supervisor Tammy Wilson, 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. Case explained the City Council has had various formats for Council meetings during the COVID environment. This is the first meeting of the City Council where we are running a hybrid meeting with Council Member Nelson as home and the other Council Members and City staff present in the Council Chamber. This format will probably continue until at least January and February, 2021. We are trying to keep the public, the Council Members and City staff safe. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A.1. Case added Item XIV.A.2. MOTION: Aho moved, seconded by Freiberg, 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. SPECIAL CITY COUNCIL MEETING HELD FRIDAY, NOVEMBER 13, 2020 B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 17, 2020 CITY COUNCIL MINUTES December 1, 2020 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 17, 2020 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Special City Council meeting held Friday, November 13, 2020, the Council workshop held Tuesday, November 17, 2020, and the City Council meeting held Tuesday, November 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. ADOPT RESOLUTION NO. 2020-101 DESIGNATING POLLING PLACES FOR 2021 C. ADOPT RESOLUTION NO. 2020-102 ACCEPTING VARIOUS DONATIONS AND IN-KIND CONTRIBUTIONS D. APPROVE CONTRACT WITH TECH-ACUMEN FOR DEVELOPMENT OF LIQUOR OPERATIONS ECOMMERCE WEBSITE E. AWARD CONTRACTS FOR 2021 WATER TREATMENT CHEMICALS F. AWARD CONTRACT TO LAKETOWN ELECTRIC CORPORATION FOR PRAIRIE CENTER DRIVE RAILING AND LIGHTING REPLACEMENT G. APPROVE LOCAL WATER MANAGEMENT PLAN UPDATE H. APPROVE AGREEMENT WITH HTPO FOR MARTIN DRIVE TRAIL CONSTRUCTION AND EASEMENT DOCUMENTS I. AWARD CONTRACT TO ANCOM COMMUNICATION FOR MOTOROLA ENCRYPTION SOFTWARE FOR FIRE RADIOS MOTION: Nelson moved, seconded by Narayanan, to approve Items A-I 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. FIRST AND SECOND READINGS OF ORDINANCE NO. 18-2020 APPROVING 2021 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2020-103 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES December 1, 2020 Page 3 Getschow stated this item is to approve first and second reading of the ordinance for our 2021 fee schedule. These are fees established by City ordinance. Many of the fees are related to building permits, development fees, and land use permit fees. We publish notice of the public hearing and include the proposed fees in the Council packet and on the website. There were no comments from the audience. MOTION: Aho moved, seconded by Freiberg, to close the public hearing; to approve first and second readings of Ordinance No. 18-2020 updating the Fee Schedule for administration of official controls; and to adopt Resolution 2020-103 approving the Summary for Publication. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” B. 2021 FEE RESOLUTION NO. 2020-104 FOR CITY SERVICES (RESOLUTION NO. 2020-104) Getschow explained this item is for approval of fees we establish by resolution. These are business fees or fees for services such as Parks and Recreation programs, rental of City facilities, and costs for cemetery plots. The fees are designed to recover the costs related to the services. He emphasized staff does make sure we are not out of line with our peer cities. There were no comments from the audience. MOTION: Narayanan moved, seconded by Aho, to close the public hearing, and to adopt the 2021 Fee Resolution No. 2020-104. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” C. RESOLUTION NO. 2020-105 APPROVING 2021 TO 2030 CAPITAL IMPROVEMENT PLAN Case observed the Council has done a lot of work on the Capital Improvement Plan (CIP) and has had a lot of meetings, some of which were held quite recently. Getschow explained the CIP is something we do every two years which covers the next ten years of the City’s capital costs on every capital item valued over $20,000. We have already prepared a draft plan and will publish the plan on the website upon approval. He noted we are not required to hold a public hearing about the CIP but we will take any public comment tonight. Sue Kotchevar, Finance Director, gave a PowerPoint presentation about the 2021-2030 Capital Improvement Plan. She explained the objectives of the CIP and announced the total amount of the 2021-2030 CIP is $299,434,062. She reviewed the value of the projects by each City Division and summarized the funding sources for the plan. She addressed several public works projects planned, including the costs for improvements CITY COUNCIL MINUTES December 1, 2020 Page 4 to Scenic Heights Road, Dell Road, Duck Lake Road, the ground storage reservoir and pump station, the water meter change out, Wells 17 and 18, and many other projects. She reported the plans for pavement management of the over 235 miles of City streets, the projects planned for Parks and Recreation, the public safety projects, and the sustainability projects. She announced Eden Prairie has a Aaa bond rating from Moody’s Investors Service and a AAA rating from Standard and Poors. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2020-105 approving the 2021 to 2030 Capital Improvement Plan. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” D. RESOLUTION NO. 2020-106 CERTIFYING 2021 PROPERTY TAX LEVY, ADOPTING 2021 BUDGET AND APPROVING 2021 HRA TAX LEVY Tammy Wilson, Finance Supervisor, and City Manager Getschow gave a PowerPoint presentation addressing the 2021 property tax levy and the 2021 budget. Ms Wilson reported the 2021 City budget is $53,000,000, and the tax levy is $38,700,000. She noted the budget presented tonight is the second year of our two-year budget. She announced the City has a balanced budget, and there is a 3% increase in General Fund revenue this year. They expected a $1.3-$1.5 million shortfall but in June the City received about $4.7 million in CARES Act funding and used some of that funding to cover decreases in fee revenue. She reviewed the General Fund expenditure highlights which included a 3.8% increase for wages and one additional police officer for the last half of 2021. There will be a 3.2% increase in the property tax levy; however, a median value home will have a 0.3% decrease over 2020. Getschow emphasized the importance of understanding we are talking about a decrease in our tax rate and a decrease in taxes for a median value home that actually went up in value this year. He reviewed the two-year process that occurs when the budget is being formulated. The current budget was based on the results of our community survey conducted two years ago. Public safety was a highlight in the survey as were our parks and recreation facilities and programs and the environment. Housing affordability was identified as a problem area. He reported the goals set for the 2021 budget: community well-being and safety; high quality efficient services; preserved and beautiful environment; a sense of community; innovative and sustainable practices; and economic vitality. He stated the 2020 City tax levy places Eden Prairie as 3rd lowest among our peer cities. He pointed out Eden Prairie is the third largest contributor to the fiscal disparities program. Without the City’s required contribution to fiscal disparities funding, the 2020-2021 residential property tax for a median value home would be 7.0% less than it is now. CITY COUNCIL MINUTES December 1, 2020 Page 5 There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Case thought there were a lot of good numbers presented, and the staff has done a great job during the past year. We are ending the year in a pretty good state. He believed there is no better reflection of the personality of a community than the budget. The budget represents the community’s principles, passions and values. Narayanan noted the good report has come about primarily because of the hard work of staff during this difficult time. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020- 106 certifying the 2021 Property Tax levy to be $41,014,490; to approve the 2021 Budget of $53,055,474 as reviewed by the Council; and to approve the HRA tax levy and budget of $200,000. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Aho 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.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Review Summary Case explained under State regulations for Minnesota cities, Eden Prairie operates as a statutory, Plan B city. As a Plan B city we hire a City Manager who then hires the other employees of the City. We conduct an annual review of our City Manager and establish his salary. He read a statement summarizing the findings of the City Manager’s review and quoting some of the comments from individual Council Members regarding City Manager Getschow’s performance. He reviewed the goals set for the City Manager in the coming year. The Council discussed the City Manager’s salary, which is limited by the State of Minnesota CITY COUNCIL MINUTES December 1, 2020 Page 6 to a percentage of the Governor’s salary. The Council’s decision was to increase his salary retroactively for 2020 up to the salary cap of $185,457, and to provide him with additional hours of paid PTO to be placed in a dedicated account which cannot be converted to cash until he leaves the City. The total compensation package for 2020 is $190,000. For 2021 his salary will be set at the new salary cap to be set by the Minnesota legislature, with an additional PTO bonus to reach a total compensation package of approximately $205,000. MOTION: Nelson moved, seconded by Narayanan, to increase retroactively the City Manager’s salary for 2020 to $185,452 and to provide an additional 56 hours of paid PTO in a dedicated account for a total compensation package of approximately $190,000, and for 2021 to increase his salary 1.2% to $187,678 and to provide an additional 192 hours of paid PTO in the dedicated account for a total compensation package of approximately $205,000. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” 2. Thoughts on Final Council Meeting—Council Member Aho Aho expressed it was hard to believe this is his last City Council meeting after serving for 16 years. He was humbled and honored the people of Eden Prairie have elected him four times to the Council. We have had many visionary leaders that have built our community which we have been able to add to during his tenure. We have made many improvements in infrastructure as well as development and redevelopment projects which added many jobs to our City. He has been involved in many transportation projects that affected Eden Prairie. Many services and innovations were added to SouthWest Transit while he served on that body. He has been so impressed by the caliber of the people here in Eden Prairie. We receive donations from groups and individuals at almost every City Council meeting. We have many great service organizations here, and the faith community is especially strong. He will miss the people he has worked with the most and has enjoyed working with everyone on the City Council. It has been a joy to work with City staff. He thanked Rick Getschow for all he and the staff do to make us the best city in which to live in the nation. 3. A Farewell to Council Member Aho—Mayor Case Case read a proclamation proclaiming December 1, 2020 as Brad Aho Day in the City of Eden Prairie and thanking Council Member Aho for his service to the City. Nelson thanked Council Member Aho for the hours he spent on the I-494 Corridor Commission and all the time spent on the various transportation groups. Everyone will miss him. Narayanan commented he has known Council Member Aho for ten years, and CITY COUNCIL MINUTES December 1, 2020 Page 7 Brad was the one who appointed him to the Human Rights and Diversity Commission. Council Member Aho’s contributions to transportation have been amazing, and we will miss him. Freiberg related how he spent two years attending City Council meetings as a member of the audience prior to being elected to the Council in 2018. At those Council meetings he watched and took notice as he came to know Council Member Aho as a friend and as a confident man of integrity and courage. He learned from Council Member Aho and will miss him as a colleague. Case said he has shared 14 of the 16 years Council Member Aho has been on the Council. They have attended over 250 City Council meetings together and many other meetings and official gatherings during that time. He noted the two of them have consistently disagreed on some issues; however, 99% of the time both have voted to improve the community in many ways. On behalf of all the residents of Eden Prairie, he wanted to officially recognize the positive contributions Council Member Aho has made to the City of Eden Prairie. 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. AWARD CONTRACT TO DEYOUNG CONSULTING SERVICES FOR RACE AND EQUITY CONSULTATION (taken out of sequence after Item XIV.A.1.) Getschow stated at the City Council meeting in June the Council Members asked him to work with the Human Rights and Diversity Commission (HRDC) and to come back with some thoughts and a plan related to racial equity. He recounted the presentation he gave at the next Council meeting after that which outlined six areas of inquiry. Three of the areas covered the operations of the City; the other three areas were more community-wide and had to do with how people feel connected, what their experience is in Eden Prairie, and how future leaders can be developed in Eden Prairie. One component of that involved some consulting services. The project that was presented at that time was to be led by the HRDC with some assistance from a consultant. The CITY COUNCIL MINUTES December 1, 2020 Page 8 HRDC Chair, the HRDC staff liaison, the H.R. Manager and he interviewed four different firms who provide service that would supplement what the HRDC planned. The proposal for the consulting work has been in the City Council packet for the last two meetings. The majority of the $49,000 cost is split, with half to be used to facilitate the community conversation and the other half for data analysis, best practice analysis and reporting. The HRDC has begun their work and have had two or three meetings where they formed subcommittees to cover the areas. The consultant would come in during the next month or so to provide assistance. The work the consultant will do is broken down by hours and that could be altered if necessary. The HRDC and staff felt some third party expertise would help to put together a plan in 2021. Case noted the Council pulled this item from last month’s meeting in order to talk about it together. Freiberg explained during the meeting last time he wanted to know the purpose for spending this money and clarification of what we are trying to accomplish. After filling in some of the blanks regarding the plan, he would like to go ahead with it. Aho noted it is helpful to hear how the money will be spent. He, personally, felt the City of Eden Prairie has done an exemplary job of making sure we are not doing anything that is racist, and we have lived by the principles of the Eden Prairie Manifesto since before he was elected in 2004. We have done a great job trying to make sure we are not judging anyone by racial standards. If we are going to spend $49,000, he would prefer to see the money spent to further work on a plan to deal with individuals in the community. He did understand the HRDC would like some assistance, so he could go along with the proposal. Narayanan believed the proposal is very detailed, and we did ask the HRDC to look at this. Looking at all the different things they are going to do, it would be difficult for the HRDC and staff to do the work themselves, so he personally believed we do need the help. He thought it is important because someone from the outside who is unbiased can help to open up things we may not be aware of. He approved the expenditure. Nelson thought as a city we follow the principles of the Manifesto, and we have a responsibility to make sure those principles are respected for everybody. She was in favor of the proposal. We have asked the HRDC to do a job, and she believed this proposal would help them accomplish that. Case reported he pulled some data off the internet regarding systemic racism that shows how perceptions can be so different depending on the color of one’s skin. He asked his African American friends what their first thought was when a police officer comes up behind them in their car. 100% of those friends said their first thought was they were going to be shot. As a white person, that is certainly not his own response in such a situation. Other data included the fact that black women are two to three times more likely to die during childbirth. Black people are more likely to be turned down for mortgages and are much less likely to own homes. Black families have 90% less wealth CITY COUNCIL MINUTES December 1, 2020 Page 9 than white families. He would like to find out what might be happening with our black and brown residents that we, as white Americans, may not be aware of. We really need to hear the voices of everyone, and he thought it takes an outside group to do that. The work proposed by the consultant includes getting the right people to the table, and this is their area of expertise. We get expert help in many other areas of City business and bring in consulting firms to help us do our job for many other projects. MOTION: Narayanan moved, seconded by Nelson to authorize entering into a contract with DeYoung Consulting Services for Race and Equity Consultation from November, 2020 through August, 2021 at a cost not to exceed $49,900. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XVI. ADJOURNMENT MOTION: Aho moved, seconded by Freiberg, 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 8:37 pm.