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City Council - 05/18/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 18, 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, City Planner Julie Klima, 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 Lotthammer explained Items IV.A. and B. are related to forestry and forestry accomplishments. Matt Bourne, Parks-Natural Resources Manager, and Lauren Stufft, Forestry & Natural Resources Specialist, work with our forestry resources every day and are here to give the presentation about Arbor Day and the prestigious Sterling Award. He noted Ms Stufft has been instrumental in our getting grants and in partnering to get the means to impact our parks and natural resources. A. ARBOR DAY PROCLAMATION B. STERLING AWARD FOR TREE CITY USA ACCOMPLISHMENTS Bourne gave a PowerPoint overview of the Tree City USA award program which was started in 1976 by the Arbor Day Foundation as a program designed to provide the framework for communities to manage and expand their public trees. Eden Prairie has participated in the award since 1982. One of the four requirements to achieve Tree City USA status is to celebrate and proclaim Arbor Day. He reviewed the specific steps Eden Prairie has taken to preserve our trees including two tree care ordinances: the shade Tree Pest Control Ordinance; and the Tree Preservation Ordinance. CITY COUNCIL MINUTES May 18, 2021 Page 2 Stufft reviewed the progress of the City’s Emerald Ash Borer (EAB) management plan and displayed maps showing steadily increasing infestations of the EAB since 2017 when it was first identified in the City. A total of 758 infested trees were identified in 2020. She described the City’s destruction wave and management plan for the EAB, which includes chemical treatment, removing affected trees, tree planting to offset removals, and a public outreach and education program. As she explained the treatments for EAB, she noted the goal is to plant 1.5 trees for each tree removed on City property and public outreach and education. Bourne stated for the last few years the City has received grants from Hennepin County for purchasing trees, equipment, and the ash tree treatment. A tree fund was established as an option for developers who are not able to meet the tree replacement requirements in their development. He reviewed the 2021 Arbor Day celebration and tree sale. Mayor Case read the Arbor Day proclamation proclaiming April 30th, 2021, as Arbor Day in the City of Eden Prairie. Bourne announced the City has received a Sterling City Award from Tree City USA in recognition of our community having received the Tree City USA Growth Award for ten years. He noted Eden Prairie is only the sixth community in Minnesota to receive this award and the first one since 2016. Stufft and Bourne presented Mayor Case with the Sterling City Award plaque. Case stated this is a big deal. He and former Mayor Tyra-Lukens helped initiate the tree replacement preservation policy in 1995, a policy that has since been replicated by many cities across the State. We have begun to see the positive results of our replacement policy now those trees have become full grown. He noted we believe Eden Prairie to have more trees now than at any time since the Ice Age. Narayanan stated the number of trees in Eden Prairie is constantly growing, even though trees must sometimes be cut down for development of a property. We don’t like to see the trees cut down, but we know there will be replacement trees planted to replace them. C. HUMAN RIGHTS AWARDS Getschow explained for the last several years the Human Rights and Diversity Commission (HRDC) has awarded Human Rights Awards. Megan Yerks, Staff Liaison, reported the HRDC gives the awards to recognize community members and organizations who do fantastic work in our community Sehan Adan, HRDC Student Commissioner, announced the Individual Award goes to Joan Howe-Pullis who has demonstrated a deep commitment to building a more welcoming, inclusive community. CITY COUNCIL MINUTES May 18, 2021 Page 3 Serena Jain, HRDC Commissioner, presented the Youth Award to Abshir Noor, who has supported his fellow students as they strive to maintain their educational goals during the COVID crisis. Sam Griffin, HRDC Commissioner, announced the Non-Profit Award to the Hope Speaks Project which provides a support environment for parents to build relationships with one another, to discuss racism, and to support a strong multicultural community in Eden Prairie. Phil Skeie, HRDC Commissioner, presented the Business Award to Southwest Transit Prime MD, which provides non-emergency medical transportation to ensure residents have access to appropriate medical care. D. ACCEPT DONATION FROM LOCAL RESIDENT TOWARDS SENIOR CENTER UPGRADES (Resolution No. 2021-36) Lotthammer stated staff has developed some concepts and designs on how to upgrade and update the Senior Center. We are fortunate that a local resident heard of our efforts and wanted to support the Senior Center in the hope of inspiring others to give. Staff will continue to keep the individual updated on the project. Case asked Mr. Lotthammer to pass on the Council’s thanks for the generous gift. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2021-36 accepting the donation in the amount of $25,000 from a local resident to go towards Senior Center building improvements. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Nelson moved, seconded by Toomey, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 4, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2021 Freiberg said the City Council minutes should be corrected on Page 18, Paragraph 5, Sentence 11, to read “about his decision not being predetermined tonight.” MOTION: Toomey moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, May 4, 2021, as published, and the City Council meeting held Tuesday, May 4, 2021, as amended. Motion carried 5-0. CITY COUNCIL MINUTES May 18, 2021 Page 4 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH ISPACE ENVIRONMENTS FOR UPGRADES TO EOC STATION 4 TECHNOLOGY C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR IMPLEMENTATION OF MOBILEEYES MOBILE FOR FIRE DEPARTMENT D. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER BOILERS REPLACEMENT E. AWARD CONTRACT TO CASTRO CLEANING LLC FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT F. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2021 MUDJACKING G. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR CUMBERLAND ROAD REHAB H. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING TWO CITY SANITARY SEWER LIFT STATIONS I. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING SERVICES FOR INSTRUMENTATION AND CONTROLS AT TWO CITY SANITARY SEWER LIFT STATIONS J. AWARD BIDS AND ENTER INTO CONSTRUCTION AGREEMENT WITH BKJ FOR MARTIN DRIVE TRAIL CONSTRUCTION K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION SERVICES WITH HTPO FOR MARTIN DRIVE SIDEWALK IMPROVEMENTS PROJECT L. AUTHORIZE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES May 18, 2021 Page 5 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 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Initiatives to Preserve Miller Spring—Mayor Case Case stated he would like feedback from the Council Members about moving forward with four initiatives that would add further protections to the Frederick Miller Spring. What prompted his action was the awareness of people’s love of the spring and its role as an entry point for people to come into Eden Prairie. He was also concerned we may not even have thoroughly tested the water enough to provide accurate information on the water quality. He listed his four recommendations: a. Because of the hydrologic work done by Summit Envirosolutions for the Noble Hill project, along with the hydrologic work done in 2007 for the Prospect Road Bridge project, we have a much clearer idea of the recharge area that feeds Miller Spring. Based on that, he would like staff to produce their best guess as to the outline of the recharge area for Miller Spring. Once we have the area outlined, we could notify all homes within the recharge area to let them know the rainwater that falls on their lawns percolates down over many years and comes out in Miller Spring. We could then provide contact information for them to get more information about such things as pesticide use. We now know the Noble Hill project will have no impact on the spring, but we will also identify the homes that do impact the spring. b. He proposed we do an in-depth water analysis of the Miller Spring water to assure people regarding their concerns about the water quality. We have some minimal knowledge of the water quality but don’t know a lot. This in-depth testing would give us a baseline for future testing, which could then be done once a year. CITY COUNCIL MINUTES May 18, 2021 Page 6 c. We should beautify the area around the spring since this is an entry point to our City for many people, perhaps by adding a pavilion, having better signage, building a concrete structure around the well, and, if possible, adding more spigots. d. He recently toured the Prairie Bluffs Conservation Area (PBCA) with a concerned resident. The PBCA is approximately 58 acres of public land that abuts the spring to the east. That bluff land is vulnerable sand bluff land, and we were lucky to get it saved a few years ago when it was dedicated to the City by the developers. There is an access point to the PBCA with a pavilion, parking spots and a pathway into the area. He showed a photo of an illegal trail into the PBCA that has been worn by people walking off the legal trail. There are signs posted at certain points cautioning people not to cross into the vulnerable areas. Yet hundreds of people, including many wedding parties, leave the paved pathway to cross into those areas. Those individuals are crossing illegally and are damaging the bluff. He believed the area should be better signed with information about the vulnerable prairie plants that are endangered. During his visit to the PBCA, he observed many bumblebees all over the property, which is very unusual. He thought we need to be serious about protecting this bluff area. The PBCA is also being accessed from Miller Spring by another illegal trail that leads to a campsite with a fire pit at the top of the hill. The fire pit could cause a fire which would endanger the spring itself. He suggested we partner with the Friends of the Frederick Miller Spring group to help educate people about the PBCA and what impact bluff erosion would have on the spring and creek. That would help harness the energy of that group who love the spring as we all do. Case asked for discussion among the Council Members to determine the possibility of asking staff to proceed with the actions he suggested. Freiberg thought it was a great idea. We are dealing with a lot of passion out there, and a partnership for the common good is a good idea. He was concerned by the photos of the illegal trails and the illegal fire pit. The whole area is sand and is quite unstable, and no one seems to be paying a lot of attention to what has happened there now. He would support all four of the points outlined by Mayor Case. Nelson was very concerned about the bluff land because we have taken a lot of care to get the area preserved and do not want it to degrade. She thought we need to add more signs, to put some kind of barrier on the illegal trail, and to get rid of the fire pit. We should have signage showing the correct trail to use to walk safely in the PBCA. There should be warnings about the lookout area used for photo shoots as that area is in a very vulnerable condition and could be destroyed. CITY COUNCIL MINUTES May 18, 2021 Page 7 Narayanan agreed with the Mayor’s four points and reiterated all the Council Members love the spring. In addition to the spring, the Council cares about the whole environment, as we witnessed earlier with the report about our tree preservation award. Toomey agreed with everything the other Council Members said. She asked about the baseline testing proposed since we already do monthly testing of the spring water for nitrates and E. coli. Getschow replied we do test for those two elements but nothing else. Toomey then asked if we would continue to do the monthly testing plus add the yearly testing the Mayor proposed. Getschow responded that is what he understood from the discussion thus far. Toomey suggested we try to find another area we could designate as a photo spot for weddings or other photo shoots. Case asked Mr. Lotthammer to come back with some thoughts on how the area could be better policed and better signed and to consider the feasibility of Council Member Toomey’s idea about a photo spot. Lotthammer said the access point by the gazebo brings one out onto the hard surface trail put in to allow people to enjoy the conservation area. He displayed a map of the PBCA showing trails. He noted the map shows the signs that are posted in the area now, including a barricade sign that is not very park-like. People are still walking outside of the designated area. There is a place that would be a great alternative for pictures that is signed and is located along the access trail. He noted people are bringing couches and oversized props for extensive photo shoots. Case asked if we have the correct laws to force people to comply. Lotthammer replied we do have the laws and all of the participants including the photographer would be considered trespassing. Case suggested we might have a system where we give a first warning and make them move to the proper area. We could then penalize the photographer if that person returned. Lotthammer responded two years ago we did an extensive internet search and contacted all photographers who advertised this location to let them know it was illegal. That seemed to help a little, but the activity persists and not just for wedding shoots. Case noted there are Indian burial mounds in that area, so they are walking in places where they cannot be. He thought we need to tamp down on this activity for a while and spread the word we are ticketing violators in this area. He also thought we need to have a police presence more often in the campfire area. He believed we have consensus on the Council and asked Mr. Getschow to discuss this in a staff meeting and to bring back an update and information on any barriers there might be to taking some action on the four CITY COUNCIL MINUTES May 18, 2021 Page 8 points presented about the spring and the conservation area. Narayanan asked if our current signage mentions a fine or just states the area is not open to the public. Lotthammer replied one of the signs says violators will be prosecuted. We also have a sign giving park hours and park rules. Case stated we need some additional compliance work and possibly some educational signage regarding the vulnerable prairie land and the fact it is the location of burial grounds for indigenous people. We need the education piece as well as the enforcement piece with fines or tickets. Nelson wanted to get rid of the fire pit because a fire could cause lots of harm to the grasses and possibly to people’s homes. That is a dangerous situation. Case stated he also wanted to respond to the question posed at the meeting two weeks ago about why the City didn’t just buy the land. At this point, we have purchased 4200 acres for the City. He calculated the 28-acre Noble Hill property would have cost $5,000,000, which is more than the cost of the much larger Richard T. Anderson Conservation Area. In addition, we are getting eight acres of the Noble Hill development for free. If we had purchased all of the Noble Hill property, we would have lost potential tax revenue of about $6,000,000 over the next 20-30 years in addition to the cost to purchase the property. That would make it by far the most expensive land we ever purchased to acquire only 20 more acres, when we have just discussed 15 acres next to it that does need to be protected. He wanted the residents of Eden Prairie to know the Council Members did their due diligence and made the best decision while also protecting the spring and the creek. 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 1. Presentation of the 2020 Annual Report Chief Weber gave a PowerPoint presentation of the 2020 Annual Report. The Police Department publishes the annual report in the spring based on information about the activities in the department the previous year. Statutory requirements require crime data and other statistics be submitted to the State CITY COUNCIL MINUTES May 18, 2021 Page 9 and Federal government. Over the last year we have learned our society has a strong desire to see transparency in policing. Our community views the Police Department not only as law enforcement, but also as public servants. He reviewed the 2020 statistics compared to 2019. As part of their transparency efforts, the Police Department published their policy manual on the website. He reviewed the statistics on their activities beyond law enforcement that help to build trust in the community, including 2250 medical calls, public assists, lockouts, mental health calls, school assists, community speaking engagements, directed patrols and others. He noted they have tried to increase their use of social media to provide information and to interact with people in the community. Case observed we are all so proud of our Police Officers and Chief Weber. Getschow explained this is the Chief’s last meeting because he is retiring. He will be missed for his work in the department and in the community. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:23 p.m.