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City Council - 01/19/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 19, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey 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. All City Council Members were present. Council Member Nelson attended the meeting virtually. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Mayor Case explained that the City Council meetings are being conducted within the State guidelines for social distancing. He expects this format will continue into the summer. IV. PROCLAMATIONS / PRESENTATIONS Getschow said there are a few items from the Human Rights and Diversity Commission (HRDC) on tonight’s agenda, with the first item being the reading of a proclamation. A. DR. MARTIN LUTHER KING, JR. PROCLAMATION Case read a proclamation proclaiming 2021 as a year to celebrate human rights and diversity. B. WORDS IN ACTION CONTEST WINNERS Getschow stated the HRDC put together a Words in Action contest. Two members of the HRDC are here tonight to talk about the contest and to introduce the winners. Jillian Pearson, HRDC Student Commissioner, gave a PowerPoint presenting the details of the contest. She explained the contest participants were asked to select a quote from Dr. Martin Luther King and write or create visual art about the quote. CITY COUNCIL MINUTES January 19, 2021 Page 2 The four winners are here tonight to accept their prizes. Asad Alwayed, HRDC Commission member, announced the contest winters who, in turn, described their work and the quote upon which it was based: 1. Under 13 years old: Siri Manikonda, writing Shaunya Kumar, visual art 2. 13 – 18 years old: Miriam Marsan, writing Leah Quintero, writing (presented virtually) Case reflected he was encouraged by the students who brought their insights and perceptions tonight. C. HUMAN RIGHTS AWARDS ANNOUNCEMENT Sana Elassar, HRDC Commission member, announced the start of the annual Human Rights Awards. The goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. She reflected 2020 was a particularly difficult year for human rights and diversity, but the efforts of those who will be nominated for the awards helped to encourage human rights and diversity. After reviewing the nominations received for the awards, the HRDC Commission will determine the winner in March. Winners will be presented to the City Council in May. Greg Leeper, HRDC Chair, thanked the City Council members for their support for the HRDC and for the Words in Action contest winners. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 5, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 5, 2021 Getschow noted there is a correction to be made to Page 2, Paragraph3, Item V.C. of the City Council meeting minutes. The words “high school students” should be replaced by “individuals.” In addition, the motion approving the Payment of Claims CITY COUNCIL MINUTES January 19, 2021 Page 3 on Page 6 for the City Council Meeting minutes was made by Council Member Toomey. MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 5, 2021, as published, and the City Council meeting held Tuesday, January 5, 2021, as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AGREEMENT WITH AVOLVE SOFTWARE FOR ELECTRONIC PLAN REVIEW C. RECEIVE 2020 PAY EQUITY REPORT AND APPROVE SUBMITTAL TO THE STATE D. DECLARE OBSOLETE FIRE SUPPRESSION HOSE AS SURPLUS E. APPROVE PURCHASE FROM COLE PAPERS INC FOR SOLO RESCUE DECON WASHER AND ACCESSORIES MOTION: Nelson moved, seconded by Freiberg, to approve Items A-E on the Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO GAMBLING Getschow stated the City Council has discussed lawful gambling in Eden Prairie several times over the last few years, including at the last Council workshop. A non- profit association is looking to get into the pull-tab charitable gaming business. Our CITY COUNCIL MINUTES January 19, 2021 Page 4 code dating back over 25 years has a restriction that states lawful gambling must be conducted at a premise that is owned by the non-profit conducting the gambling. This was the case with an association in Eden Prairie in the 1980’s and 1990’s; however, most of the current groups that would want to conduct lawful gaming would be non-profits that would be leasing space in a restaurant or facility. Based on the desire of the non-profit association to get into the business of lawful gambling, we would need to update the City Code to allow this. Getschow said the update to the code would apply to any group that would want to do this. Under state law, an organization must obtain both an organizational license and a premises permit for each site from the statement Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located. The code amendment updates the code to state an organization does not need to own the building in which they operate the gaming. Case further explained this is a revision to the current code and is not a new philosophical direction for the City. As an example, we have often issued temporary gambling permits for the Lions Club to conduct Bingo during the summer months. Getschow stated there are many other parts of the code that are not being updated. There are restrictions included in the state law regarding how the funds are used, and Eden Prairie has limited the number of gambling permits we can issue. MOTION: Freiberg moved, seconded by Toomey, to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.40, Relating to Gambling. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS Getschow explained there were a couple of appointments done by the City Council at the last meeting that need to be redone because of schedule conflicts for the appointees. Council Members Freiberg and Toomey need to flip the two appointments. A. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Narayanan moved, seconded by Freiberg, to approve the appointment of Council Member Toomey to the I-494 Corridor Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” B. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION MOTION: Toomey moved, seconded by Narayanan, to appoint Council Member Freiberg to the Southwest Transit Board as the Eden Prairie Appointed CITY COUNCIL MINUTES January 19, 2021 Page 5 Representative to complete the two-year term ending December 31, 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Agreement with ISG for Final Design and Construction Documents for Play Area Reconstruction Project at Riley Lake Park Lotthammer related a couple of years ago Riley Lake Park was updated along the beach area and some of the areas adjacent to the beach. One of the areas left out in the update was the play area because we believed the existing playground equipment had a couple more years of use remaining. The time has come for the play area to be replaced, and staff has worked with the architectural firm, ISG, to develop plans for the project. Lotthammer gave a PowerPoint presentation providing concepts for the play area reconstruction. The goals of the reconstruction project are to: replace the old play equipment; improve access to circulation/safety; improve sight lines; integrate with the previous phase; add gathering opportunities; and integrate with the pavilion. He displayed the design concepts and some of the equipment that might be used. He explained staff brought the plans to the Parks Commission for their input, and they recommended the addition of a bike path that would not cross the playground area. Lotthammer then reviewed the next steps which would be to approve the professional services agreement with ISG for the final design and construction documents, bid the project, award the construction contract, and then construct the playground area. Staff will most likely come back in the spring with the recommendation to move forward with the project and to select a responsible contractor. Funding for the project would come from our funds to repair and replace trails and play equipment with some coming from cash park fees. In addition, there may be some funds available from the County; however, we won’t know about that grant for another couple of months. Construction would most likely occur either in the early part of the playground season or during the latter part of the season so the play equipment is available for use during the summer months when the use is heavier. CITY COUNCIL MINUTES January 19, 2021 Page 6 MOTION: Narayanan moved, seconded by Nelson, to approve the standard agreement for professional services with ISG, Inc. for design and construction document development for Riley Lake Park playground at a cost not to exceed $46,200.00. Toomey asked how long the construction will take to complete once everything is approved. Lotthammer replied it will take at least a couple of months. He noted there can be an issue in the spring with the timing of road restrictions that impacts the timing; therefore, he expected we would look at starting later in the summer with substantial completion by November 1. Narayanan asked about plans for water fountains. Lotthammer replied there is a water fountain located just off the pavilion and one down towards the beach. He did not believe we would add any additional fountains. VOTE ON THE MOTION: Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Case explained he had intended to put this item on the Council Members report. After the insurrection on January 6, Mr. Getschow and he had a discussion regarding what intelligence we regularly get from State and Federal authorities in order to let the people of Eden Prairie feel comfortable that we are “in the know” as much as possible. Getschow explained as people watch the news and hear what is happening, they might ask about the City in which they live or work. In terms of the specific information we get, things are seeming to be much calmer this evening than was the case a week ago. Our Police Department and the Emergency Management staff do an excellent job of communicating. There is no type of situation where the state, county and suburbs are not communicating amongst each other. Organizations do share information on a regular basis within the Police Department and Emergency Management and share that with the City Manager and the City Council as needed. We have a few people in our own Police Department that are dedicated to following trends and issues and monitoring social media on a regular basis. They can sometimes predict crime before it occurs. As a city, we are part of a group of cities that has an officer in the FBI’s Joint Terrorism Task Force, so we are able to get some firsthand information from that group. He observed we can’t prevent CITY COUNCIL MINUTES January 19, 2021 Page 7 everything from happening, but he believed we have connections in a lot of different places and get a lot of good intelligence. He noted last summer Eden Prairie had very little unrest spill over from Minneapolis. Case commented he has received some questions from residents. He noted he is also a part of a mayor’s group that communicates among members of the group. XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Toomey, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 7:56 pm.