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City Council - 03/02/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 2, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G 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 IV. PROCLAMATIONS / PRESENTATIONS A. BAKER ROAD 2021 PAVEMENT MAINTENANCE AND RESTRIPING Getschow said representatives of Hennepin County are here virtually to give an update on the County’s 2021 pavement maintenance and restriping project along Baker Road. Emily Kettell and Chad Ellos, representing Hennepin County Transportation Planning, gave a PowerPoint presentation about the pavement maintenance project. Ms Kettell stated their presentation will give an overview and set out the goals of the project, describe the existing conditions, outline some of the benefits of a three-lane roadway, report some of the public feedback they have received, and describe the next steps for the project. Ms Kettell said the project will include pavement maintenance and restriping on Baker Road between Martin Drive and I-494. There will be pedestrian ramp upgrades and improved corridor safety and comfort for all modes of transportation. The goals of the project include preserving the existing roadway by upgrading the pavement surface, improving safety, reliability and comfort for all transportation uses, reducing crashes along the corridor, improving access for people walking and biking, and maintaining good traffic operations. She reviewed traffic counts on the various segments of the CITY COUNCIL MINUTES March 2, 2021 Page 2 roadway and noted there were 22 crashes from 2016-2019 on the segment from Pinnacle Drive to St. Andrew Drive. She elaborated on the benefits of a three-lane roadway. Mr. Ellos described the crash reduction features included in the improvements. He noted the majority of the 22 crashes that occurred were rear end or angle crashes which they would expect to be reduced or eliminated with a three-lane section of roadway. Ms Kettell explained the anticipated enhancements which included increasing the comfort of walking and biking by providing a buffer space between vehicles and the trail/sidewalks and providing flexible shoulder space. She then described the expected traffic calming effects from slightly narrower lane widths to calm traffic speed, a more predictable traffic flow, and eliminating swerving to change lanes. She noted the traffic volumes there are well below the congestion threshold for a three-lane section. Ms Kettell recounted in January Hennepin County staff completed extensive public engagement for the project including mailing postcards to 800+ residents and businesses within 500 feet of Baker Road. They received 125 comments from residents via phone, email and website with 62 preferring to move forward with the project, 56 preferring not to move forward, and seven neither for nor against the project. The concerns expressed included increased congestion, access to and from Baker Road, reduced ability to pass other vehicles, and a need for restriping. Mr. Ellos reviewed the next steps for the project. Hennepin County recommends moving forward with the four to three-lane conversion from Pinnacle Drive to St. Andrew Drive. The work is scheduled to be completed with the pavement preservation project this year. Case asked if they are still taking comments on the website. Ms Kettell replied the comment period continues and the website is still open. Nelson expressed concern about residents turning in and out of the residential areas after the conversion to a three-way roadway. She asked if this has been used in residential areas or just in commercial areas. She also asked if they have examples of similar conversions that have been successful. Mr. Ellos responded by citing several such conversions over the past 15-20 years including Park Avenue and Portland Avenues, Medicine Lake Road in Golden Valley and Douglas Drive in Crystal. Nelson noted having a speed limit of 40 MPH on the one-lane roadway may make it difficult for residents to get out of their neighborhoods. Toomey said she lived very close to Baker Road 11 years ago when the County tried to do a similar project. At that time, she received notification, but this time the neighborhood did not receive any notification. She would have hoped the County would do what they did last time in terms of notification and also would have liked them to hold a public meeting so people could talk about the project. She had a particular issue with the large volume of traffic that will be turning into Forest Hills CITY COUNCIL MINUTES March 2, 2021 Page 3 Elementary School twice a day which will cause traffic to be tremendously backed up on the side streets. Parents are dropping off and picking up their kids more nowadays. She was also concerned about bus traffic and would like to see any safety studies done for such three-lane roadways. She thought the main problem in the area is right-hand turns from Baker Road onto Hwy 62 and believed the majority of the accidents occurred there. People do not have to stop before turning onto Hwy 62, but many of them do. She noted there are no cross walks in the area they are discussing, and it would be a good idea to install those with signage. She stated right now she was not in favor of decreasing the roadway from four lanes to two with a turn lane. Narayanan noted he does not live close to this neighborhood; however, this is his third year on the City Council, and this project is one of the items he has heard the most about. Most of the responses he heard from people were that they don’t want to have the project done. He noted the County representatives stated there were 100,000 vehicles through that area, but Eden Prairie is also growing so every year that traffic figure will grow. He believed if you go from four lanes to three lanes, the traffic congestion will increase tremendously, and he was concerned that would lead to more accidents. He asked what the projected traffic growth will be in the next five to ten years because he didn’t think we would want to change the road every few years. He believed there should be more study done and more time allowed to understand where the residents are coming from; however, he felt like it sounded as if this is a done deal. He thought we should get more feedback because there are a lot of people not happy about this approach. Freiberg stated the County representatives mentioned receiving 125 responses from residents, and it was about a 50/50 split for and against. He displayed a stack of papers that represented 300 responses against the project. While they did meet the requirements with mailings about the project to 800 residents and businesses, there was not any sort of public meeting held. The County needs to understand where people are coming from. If the figures are true regarding vehicle counts of 10,000 vehicles per day on that stretch of roadway, then only 22 accidents in three years is not a very high number. He believed this project is going against what the people of Eden Prairie are saying. Case thought it was important to underscore this is a County roadway over which the County has decision making power. He did believe the various levels of government should get along, and the comments and discussion from the City of Eden Prairie is very valid. The Council Members are citizens and each of us has another role in life that we have in addition to serving on the City Council. We hire staff to help us with decisions, then we weigh what is in the data and what is in the anecdotal opinions. He believed the County wants to do the best for the City, but the City Council has an obligation to do what is right as the elected officials of Eden Prairie. If the data showed 90% efficacy, he would favor it; however, he didn’t think this is a 90/10 situation, rather it is more of a 52/48 split. He has driven that roadway every day and understands the positives and negatives of the situation. He was concerned about the residents who live along the roadway having difficulty exiting and entering onto Baker Road. CITY COUNCIL MINUTES March 2, 2021 Page 4 Case felt the lack of right turn lanes would stop everybody while vehicles make a right turn. There have been only 22 accidents in three years, and the County representatives said the changes will reduce those by 33-50%. He would like more statistics and more information about the 22 traffic accidents. He said he will side with the four other Council Members because he did not believe the gain was enough in the face of all of the public opposition. He believed if this were a 90/10 situation, it would be important to make the changes and then educate people about the change; however, this is not a 90/10 situation. He noted having traffic lights might make a difference, and the lanes should be relined. Case asked, if the decision is made to go ahead, could the project be run as a pilot project that would be looked at in a couple of years. If it did not work as well as the County anticipates, he would like to consider returning it to four lanes. Nevertheless, he was going to honor the opinions of the neighborhood and recommend the roadway stay as it is. Mr. Ellos said they were here to give the presentation, to judge your reactions and to gather feedback. He noted they don’t get a lot of detail on crashes that have occurred. They will take the feedback to their leadership for review. Case encouraged residents to continue to leave comments on the County website and email or phone the Council Members about the project. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, February 16, 2021, and the City Council meeting held Tuesday, February 16, 2021, as published. 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 CITY COUNCIL MINUTES March 2, 2021 Page 5 B. AWARD CONTRACT TO GARLAND/DBS, INC. FOR FIRE STATION #1 ROOF REPLACEMENT C. AMEND THE CONSERVATION EASEMENT OVER OUTLOT A OF REEDER RIDGE D. APPROVE AGREEMENT WITH BOLTON & MENK FOR WILLOW CREEK ROAD BRIDGE REPLACEMENT FEASIBILITY DESIGN E. APPROVE PURCHASE OF CRACK SEALANT MATERIAL FROM MIDSTATES EQUIPMENT AND SUPPLY F. AWARD CONTRACT TO PEARSON BROTHERS, INC. FOR 2021 STREET SWEEPING PROJECT MOTION: Nelson moved, seconded by Freiberg, to approve Items A-F 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 A. 2021 CDBG FUNDS (Resolution No. 2021-22) Getschow said this item is an annual event where Eden Prairie allocates the CDBG funds used on programs for low to middle income families. These are federal funds, and there are a lot of reporting and monitoring requirements for use of the funds. He noted this is not related to the special COVID allocations. We take applications from area non-profits and have a staff committee that meets to evaluate all the applications for the CDBG dollars. He reported that the four public service activity groups that applied will receive amounts equal to their requests. He stated most of the funding goes to housing and administrative activities, such as the Housing Rehabilitation Deferred Loan and First Time Homebuyer programs. Case noted these are federal dollars so these are pass-through funds. The money allows us to fund activities we otherwise would not be able to fund. Janet Palmer, representing PROP, appreciated the opportunity to thank the Council for the funds the City allocates to PROP for housing support services, vehicle repair, and childcare programs. She reported their essential service operations stayed open during this challenging year. The situation of many Eden Prairie residents is dire. This year PROP has spent triple what is normally spent for help with mortgage payments. They are seeing a lot of people who have never used PROP before. Brenda Wolke, Executive Director of Homes Within Reach, reported her non-profit has added 16 affordable homes in Eden Prairie since 2005. Homes Within Reach leverages CITY COUNCIL MINUTES March 2, 2021 Page 6 CDBG funding with state and county funds as they try to target homes that are in need of repair. Many people can’t afford to live in this community, and her group tries to do the best they can for the homeowners. She appreciated the help of the partners in the City of Eden Prairie and noted it shows the City supports its workforce. Jon Burkhow, representing the HOME program, explained his public service non-profit helps adults 60 and older to stay in their homes. This has been a challenging year, especially for older adults. During the past year HOME employees have tried to continue to serve the older adults by such activities as driving around to people’s homes to deliver face masks. They are doing a lot of phone calls to check how people are doing and to suggest places that could provide help if needed. They have developed a new website, Minnesota Senior Centers, which offers free Zoom 101 classes. They hope to expand the website to help connect people. He thanked the Council for their partnership with HOME. Toomey asked the name of the website. Mr. Burkhow replied it is mnseniorcenters.org. MOTION: Freiberg moved, seconded by Toomey, to close the public hearing and to adopt Resolution No. 2021-22 approving the use of 2021 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Toomey noted her appreciation for the support this funding gives to non-profits. It is especially important now during the pandemic. Case added it is very important because we couldn’t do everything without their help. Narayanan reemphasized these are federal funds we can use to help the non-profits in our city. B. POLICE BODY-WORN CAMERAS Getschow said we have been looking into the acquisition of police body-worn cameras (BWC). By State law we are required to take public comment prior to finalizing the purchase the acquisition of the cameras. Police Chief Weber and Lieutenant Wood are here tonight to give a presentation. He stated the action tonight is to take public comment. Weber reported we currently have a system of squad cameras and intend to integrate the BWC’s into that system. They hope to bring back the contract to the Council with the best price soon. Wood gave a PowerPoint presentation about the Watchguard V300 BWC. He noted the Police Department’s current squad camera system is also made by this company. The BWC devices have a detachable battery if officers have to switch out batteries. The camera has a natural field of view which eliminates the fisheye effect. The data collected will be stored in a secure cloud network. They have worked with the IT Department to make sure this is the best option. Access to the data will be limited to CITY COUNCIL MINUTES March 2, 2021 Page 7 people involved in the specific case. A period of time for public comment was offered on the City’s website from February 8-21. The policy regarding use of the BWC’s is based on the League of Minnesota Cities model policy. They expect to purchase the equipment by mid-March and will train officers and records staff on the use of the cameras in May and June. Toomey asked how long the data will be retained. Weber replied it depends on to what it relates. In the case of a criminal act, it is seven years, while other acts have a reduced time of retention. Narayanan asked if the data is encrypted when it is stored. Weber replied it is encrypted on the company’s cloud website. Case asked for clarification of the proposed motion. Getschow responded it would follow the regular process to ask for comments and then close the public hearing. This is not the typical public hearing where we are required to give notice to residents. Neuville clarified the statute says that the governing body must receive public comment at an open meeting, and does not require public notice before hand. Case asked what happens after tonight. Getschow replied the Council will have authorized staff to negotiate, but the Council will take action at a future meeting to enter into the contract. Al Hanson, 6923 Rosemary Road, commented he was in the IT field for a number of years and was aware that companies come and go regularly. He asked if the data is protected if the data is moved from Company A to Company B. He also asked if the data retention policy has been determined. Wood replied the company itself is owned by Motorola, and we have a contract with them for protection of the data. The data retention is determined by State statute. Neuville added there will be a provision in our contract with the company that any time we wish to move the data they have to give us the data at no cost. MOTION: Narayanan moved to close the public comment period. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, 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 AND SECOND READING OF ORDINANCE NO. 4-2021 AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE CITY COUNCIL MINUTES March 2, 2021 Page 8 FOR HUMAN RIGHTS & DIVERSITY COMMISSION Case noted the Council held a discussion about the membership range for the Human Rights & Diversity Commission when they interviewed commission applicants in February. MOTION: Narayanan moved, seconded by Nelson, to approve First and Second Reading of Ordinance No. 4-2021 amending City Code Section 2.23, Subd. 3, relating to the membership range for the Human Rights and Diversity Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2021 COMMISSIONS Getschow explained the goldenrod sheet has one additional person for membership on the Heritage Preservation Commission. Case observed the City Council position is a part time one, so we depend on experts who can apply for membership on the commissions to advise us on their areas of expertise. Every January we put out the word to apply for commission membership. We then interview the applicants and appoint the members at the March Council meeting. MOTION: Nelson moved to appoint to the Flying Cloud Airport Advisory Commission Chilkunda Narendranath (community) with a term ending March 31, 2023; and Bob Barker (community) and Michael Lawrence (business rep) with terms ending March 31, 2024; Toomey moved to appoint to the Heritage Preservation Commission Steve Schumacher with a term ending March 31, 2023; and Robert Bowes, George Maxwell, and Paul Thorp with terms ending March 31, 2024; Narayanan moved to appoint to the Human Rights and Diversity Commission Samuel Griffin and Michael Mullins with terms ending March 31, 2023; and Greg Leeper, Sana Elassar, Asad Aliweyd, John Urbanski, and Susan Weaver with terms ending March 31, 2024; Freiberg moved to appoint to the Parks, Recreation & Natural Resources Commission Swati Kumar and Ashley Young with terms ending March 31, 2024; Nelson moved to appoint to the Planning Commission Ed Farr, Carole Mette, and Robert Taylor with terms ending March 31, 2024; Toomey moved to appoint to the Sustainability Commission Jeff Nobleza with a term ending March 31, 2023; and Emily Eddy, Cindy Hoffmann, and Aaron Poock with terms ending March 31, 2024. Seconded by Nelson. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” B. 2021 COMMISSION CHAIRS & VICE CHAIRS MOTION: Nelson moved to appoint Dan Dorson Chair and Andrew Kleinfehn Vice CITY COUNCIL MINUTES March 2, 2021 Page 9 Chair of the Flying Cloud Airport Advisory Commission; Toomey moved to appoint Pamela Spera Chair and Valerie Ross Vice Chair of the Heritage Preservation Commission; Narayanan moved to appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity Commission; Freiberg moved to appoint Patrice Erickson Chair and Cecilia Cervantes Vice Chair of the Parks, Recreation and Natural Resources Commission; Nelson moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission; Toomey moved to appoint Aaron Poock Chair and Priya Senthilkumar Vice Chair of the Sustainability Commission. Seconded by Freiberg. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” C. 2021 BOARD OF APPEAL AND EQUALIZATION Case explained the Board of Appeal and Equalization is a way for people to present questions they may have about their property assessments. This Board is made up of real estate professionals with extensive knowledge of the southwest metro area. Citizens make their appeal to the Council but these experts provide us with expertise in the area of real estate. MOTION: Nelson moved to appoint Lyndon Moquist; Toomey moved to appoint Eileen Canakes; Narayanan moved to appoint James Lawver; Case moved to appoint Nate Thompson; and Freiberg moved to appoint Kristin Rial to the Board of Appeal and Equalization for the period of March 1, 2021 through May 31, 2021, or until the Board of Appeal and Equalization completes its work. Seconded by Narayanan. 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES March 2, 2021 Page 10 XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, 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 8:31 pm.