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City Council - 11/16/2021APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 16, 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, Parks and Recreation Director Jay Lotthammer, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Dan Gregerson. I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Narayanan was absent from this evening’s meeting. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2021 SUSTAINABLE EDEN PRAIRIE AWARDS Getschow explained the last few years, Eden Prairie has presented sustainability awards in different categories. He noted the attendance of Sustainability Coordinator Jennifer Hassebroek and members of the Sustainability Commission, including student members, to present these awards. Hassebroek stated these awards recognize residents and businesses who have made a significant contribution to the overall sustainability of the community in primary focus areas of energy, landscape, waste, and water. Nominees must be a resident or business and this is the fifth year of this award program. Hassebroek explained the nominations were reviewed and winners selected by Staff and Sustainability Commission members. Student Commissioners Anna Maristela and Aloi Rajasekaran introduced themselves and presented the 2021 Sustainable Award for Waste to Pizza Karma, which uses compostable plates, utensils and trays made from palm tree leaves and cups made of a corn byproduct. In addition, chairs are made from CITY COUNCIL MINUTES November 16, 2021 Page 2 recycled plastic bottles. They also described innovative hand washing machines which reduce water use and a beer tap system which reduces wasted product. Representatives of Pizza Karma accepted the award followed by a round of applause. Student Commissioner Amoligha Timma introduced herself and presented the 2021 Sustainable Award for Landscape to Preserve Association, a repeat winner in this category, for installing an additional one and a half acres of native plantings, converting 20,000 square feet into no/low mow grasses, planting 100 seedling trees to replace trees lost to disease and storms, and using goats to remove buckthorn. Representatives of Preserve Association accepted the award followed by a round of applause. Student Commissioners Angie Stukenborg and Julia Harris introduced themselves and presented the 2021 Sustainable Award for Energy to Mark Weber for installation of solar panels on the roof of his home and becoming Board Chair of the Minnesota Renewable Energy Society, which hosts an annual solar boat regatta on Lake Riley and provides educational speakers. In addition, Mr. Weber has exhibited at the State fair and shares his love for solar energy with community groups. Mr. Weber was accepted the award followed by a round of applause. Mr. Weber thanked Eden Prairie and its Parks Department for allowing the use of Riley Lake for the solar boat regatta. He acknowledged the City’s help with this event, noting the Optimist Club of Eden Prairie and Let’s Go Fishing are partners. He stated he hopes the Fire Department returns as a member and the City enters a boat in the May 21, 2022, regatta. Student Commissioner Muthu Meenakshisundaram introduced himself and presented the 2021 Sustainable Eden Prairie Award for Water to Scheels Eden Prairie, noting it is a large building and includes a rain harvesting system which collects up to 1.2 million gallons of water every year, storing it in four 13,000-gallon storage tanks for treatment, onsite irrigation, and toilet flushing. He explained this system saves the City 40 percent of the water Scheels would use because it can power 60 percent of yearly water use through this system. Commissioner Meenakshisundaram explained this award had been presented to Scheels yesterday as representatives couldn’t attend tonight’s meeting, which was followed by a round of applause. Hassebroek congratulated all award winners, thanked Sustainability Commissioners for their support, and Student Commissioners for making the presentations. CITY COUNCIL MINUTES November 16, 2021 Page 3 Case extended the City’s thanks to the Sustainability Commissioners for their advice. B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON Case welcomed Hennepin County Sheriff David Hutchinson and extended the City’s appreciation for his work on behalf of Eden Prairie. Sheriff Hutchinson acknowledged Police Chief Sackett for his well-run organization and stated his respect for Eden Prairie Police Officers, who are recognized nationally. Sheriff Hutchinson thanked Sergeant Robbie Johnston for taking him to visit the Senior Center with and shout out to his friend, former Police Chief Weber. He stated Chief Sackett is well known throughout the metro area as being a great Police Chief with a good organization, elected officials, and Staff, which is a Godsend to those in law enforcement. Sheriff Hutchinson reported on the turmoil over the last year after the killing of Mr. Floyd and other issues in Brooklyn Center, noting his agency had never been tested in this way before. He described his department’s help to the City of Minneapolis while his department’s service level to suburb agencies remained constant due to the brave uniformed men and women who carried on their duties while taking on overtime to police streets and, hopefully, get carjacking under control. Sheriff Hutchinson stated the County’s collaboration with Eden Prairie is second to none, as evident in the City low crime numbers. He described the types of requests for service received from Eden Prairie in 2021 and acknowledged the support also of inhouse staff who do a great job. Sheriff Hutchinson stated Eden Prairie also participates in the Southwest Collaborative and Task Force which is working around the clock to get violent offenders off the street. He added he supports giving second chances and if someone comes to jail with low level crimes, an addiction, or mental health crisis, and his department works hard to get those people into appropriate care facilities. But people who commit violent crimes over and over again, such as carjacking at gunpoint, a gun crime, shootings, need to be incarcerated and held accountable, which takes the cooperation of the judicial system and elected officials. Sheriff Hutchinson reported the County voted to support funding for expansion of the Maple Grove North Metro Training Facility. He described this state-of- the-art facility’s capabilities and stated the training focuses on de-escalation, crisis intervention, and to train out the explicit bias we all have. CITY COUNCIL MINUTES November 16, 2021 Page 4 Sheriff Hutchinson stated he is a second-generation law enforcement officer. He acknowledged his profession has gone through a lot and due to the exodus of officers, it was time to evolve, which extra training and education will do. Sheriff Hutchinson noted without education, training, proper funding, and the support of elected officials and the community, officers are rendered useless, as seen in the City of Minneapolis, Sheriff Hutchinson described the Hope Program, mimicked after a program in Flint, Michigan, which offers the opportunity to learn while in jail including vocational training and high school diplomas. Sheriff Hutchinson stated his department offers residential door stickers to identify whether there are mental health, Autism, Alzheimer’s, or other medical conditions to alert first responders prior to entering and whether to call a health professional. This program was another example of how the profession is evolving and acknowledges that while officers do a lot of things great, they can’t do everything and enlisting mental health professionals will make them even better. Sheriff Hutchinson reported Deterra bags are available from his department for use in disposing of unused medications, which also helps reduce the opioid epidemic. In addition, virtual and in-person training classes are offered on the use of Narcan. Sheriff Hutchinson described deputy’s work during the Chauvin trial, policing other communities, Lake Minnetonka incidents, forced overtime, and trauma seen every single day, which results in immense pressure. To address deputy well-being, mind, body, and spirit, he started Try Wellness and would be adding a financial component. Sheriff Hutchinson stated it is his duty to make sure the men and women who protect us have the care they need and being well taken care of will result in better outcomes for all. Sheriff Hutchinson commented on the failed vote in Minneapolis to defund its police department, noting he also respects the 44 percent who voted to defund and officers will have to work hard to get back their trust. He stated the people of Minneapolis, a progressive city, have spoken and 56 percent said they need the police. Sheriff Hutchinson acknowledged the need to fix relationships with everybody and especially people of color and diverse populations who need to be treated better. He noted law enforcement is needed because they are the peace keepers and what separates normal people from evil. Sheriff Hutchinson acknowledged when cops do dumb things, they need to be fired and sent to jail if a criminal violation but good cops are serving every single day, working holidays, deserve our respect, fair compensation, and to be taken care of. He stated our peace keepers need to be number one in our society’s prerogative. CITY COUNCIL MINUTES November 16, 2021 Page 5 Sheriff Hutchinson stated he loves this profession, thinks there is no greater profession, and while they have been on their knees the last couple of years, they are slowly getting up and nothing will stop them from protecting the people they serve. Case thanked Sheriff Hutchinson, noting the Sheriff is a relationship person which he appreciated in his interactions with Sheriff Hutchinson. Case pointed out based on statistical data, Eden Prairie is a safe community, which he wants residents to know as it may not always feel like that. Case acknowledged recent criminal events and stated social media has spread knowledge of these events. He reported a meeting would be held with Eden Prairie, Edina, Minnetonka, Bloomington, and Plymouth mayors, city managers, and chiefs of police to talk about issues being faced. He asked what role can the County play to unify cities to combat this activity Sheriff Hutchinson stated if asked, the County crime lab investigates crimes and deputies can do directive patrol. He noted there has been talk of police reform for several years but nothing happens at the capitol because it might sound too aggressive. It is his hope people learn well-funded, well-managed police departments and public service agencies reduce crime. He commented on the increasing crime trend and stated the root cause needs to be addressed because people who repeatedly commit violent crimes need to be incarcerated. He suggested it is time to now talk about criminal justice reform and evolution because the court process in Hennepin County also needs some work, people need to be held accountable when mistakes are made, as happens with those in his profession. He explained if this isn’t addressed, people will take advantage as seen after the collapse of the Minneapolis Police Department. Sheriff Hutchinson stated this is why programs like Hope are important and to get people with mental health and addiction issues out of jail and into services to help them. Nelson stated the Council is proud all of the City’s police officers are also EMTs and can also respond from that standpoint. She stated this has been successful and she wished other departments would do the same. Sheriff Hutchinson agreed and commented on improved public perception when officers are seen offering assistance until the paramedics or fire fighters arrive. He noted often times, larger communities are thin on funding so the argument against additional EMT training might be one of cost. Case stated his appreciation for Toomey who leads the City’s Crime Prevention Fund. Toomey stated the City is looking forward to having a full-time social worker with its Police Department, a proactive action given this current climate. Also, the City’s Police Department provides Deterra bags at no cost. CITY COUNCIL MINUTES November 16, 2021 Page 6 Sheriff Hutchinson commented on the benefits of having a social worker because they have access to data bases the Police Department cannot access. He explained if someone is suicidal or has depression issues, social worker response has a better outcome but it has to be a joint response and teamwork with a police officer. Sheriff Hutchinson stated he is asking for the addition of social workers in every city so an officer never has to use force on such calls. Case clarified Eden Prairie has never intended for its social workers to be the first line of response and once the situation is stabilized, then the social worker and support Staff would respond. Toomey agreed social workers would handle follow up and free officer’s time. Freiberg thanked Sheriff Hutchinson for his presentation and commented on concern from residents about expanded crime when light rail transit (LRT) comes to Eden Prairie as it will be at the end of the line. He asked whether the Sheriff’s Department is actively involved and part of the discussions with the Met Council, Hennepin County Board, or various police departments about LRT security risks and how to be proactive. Sheriff Hutchinson stated the County Board does a good job briefing him about those issues, noting before serving as Sheriff, he was a Sergeant for the Transit Police and knows about LRT. He explained crime is a concern with transit centers but should there be an issue, the Transit Police will assist Eden Prairie. Case noted data on the LRT lines since the late 1990s shows crime mirrors the neighborhoods the train travels through. He agreed with the importance of being proactive but noted there need not be needless fear. He pointed out there has been bus service every night from Minneapolis for the last 27-28 years which terminates in Eden Prairie and to his knowledge, never been someone getting off the bus and committing a crime. Case stated he wants LRT to be the positive amenity all hope for as resident in their 20s are looking for it. Case again thanked Sheriff Hutchinson for his work and asked him to extend the Council’s appreciation to his staff as well. C. SMALL BUSINESS SATURDAY PROCLAMATION Case read in full a proclamation declaring November 27, 2021, as Small Business Saturday. D. ACCEPT DONATION OF SMALL KILN AND CLAY MOLDS BY DIANE AND GREG BROWN TO EDEN PRAIRIE ART CENTER (Resolution No. 2021-84) Lotthammer explained this item is to accept a donation from Diane and Greg CITY COUNCIL MINUTES November 16, 2021 Page 7 Brown of a kiln and clay molds, valued at $1,000, to the Art Center. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-84 accepting donation of small kiln and clay molds by Diane and Greg Brown to the Eden Prairie Art Center. Motion carried 4-0. E. ACCEPT DONATION OF $750 FROM EDEN PRAIRIE CRIME PREVENTION FUND TOWARD HARVEST TO HALLOWEEN EVENT (Resolution No. 2021-85) Lotthammer explained Eden Prairie Crime Prevention Fund donated $750 towards the Harvest to Halloween event, which helps all of our City Departments serve residents. He reported there was a large turnout, about 3,500 residents, who attended this event at historical Lake Riley. Case agreed there was an amazing turnout and included some from outside of Eden Prairie. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2021-85 accepting the donation of $750 from the Eden Prairie Crime Prevention Fund toward the Harvest to Halloween event. Motion carried 4-0. F. ACCEPT DONATION OF $250 FROM BENEDICTINE SENIOR LIVING TOWARDS SENIOR CENTER FALL PUMPKIN BINGO (Resolution No. 2021-86) Lotthammer explained this item is a donation of $250 from Benedictine Senior Living towards the Senior Center’s fall pumpkin bingo. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2021-86 accepting the donations in the amount of $250 from Benedictine Senior Living towards the Senior Center Fall Pumpkin Bingo. Motion carried 4-0. G. ACCEPT DONATION OF $200 FROM SUMMIT PLACE TOWARDS SENIOR CENTER HOLIDAY LUNCH (Resolution No. 2021-87) Lotthammer explained this $200 donation is from Summit Place to the Senior Center for its holiday lunch. He commented on the impact of donations to the Senior Center to defray costs, make events more affordable, and enhance the quality of the experience. Lotthammer stated the City has a frequent partnership with Summit Place and this is not the only time they have contributed. Case underscored those comments, noting all donations received extend the City’s tax dollar and are appreciated. CITY COUNCIL MINUTES November 16, 2021 Page 8 MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2021-87 accepting the donation in the amount of $200 from Summit Place to go towards the Senior Center Holiday Lunch. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES H. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 26, 2021 I. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 26, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, October 26, 2021, and the City Council meeting held Tuesday, October 26, 2021, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Nelson moved, seconded by Freiberg, to approve items A-N on the Consent Calendar. Motion carried 4-0. A. CLERK’S LICENSE LIST B. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Second Reading of Ordinance for Planned Unit Development District Review with Waivers on 5.13 acres; Resolution for Site Plan Review on 5.13 acres (Ordinance No. 14-2021-PUD-8-2021 for PUD District Review, Resolution No. 2021-88 for Site Plan Review, Development Agreement) C. ADOPT RESOLUTION NO. 2021-89 APPROVING FINAL PLAT FOR CASTLE RIDGE 5TH ADDITION D. AWARD CONTRACT TO GARDNER BUILDERS FOR SENIOR CENTER UPPER-LEVEL REMODEL E. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY F. APPROVE PURCHASING CONTRACT WITH LIFE FITNESS FOR THIRTEEN TREADMILLS AT COMMUNITY CENTER CITY COUNCIL MINUTES November 16, 2021 Page 9 G. APPROVE AGREEMENT WITH HENNEPIN COUNTY HUMAN SERVICES AND PUBLIC HEALTH DEPARTMENT FOR ON-SITE FULL TIME SENIOR SOCIAL WORKER AT EDEN PRAIRIE POLICE DEPARTMENT H. DECLARE OBSOLETE EQUIPMENT AS SURPLUS I. APPROVE AGREEMENT WITH ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 & TRANSMISSION MAIN PRELIMINARY DESIGN J. APPROVE AGREEMENT WITH ERICKSON ENGINEERING FOR 2022-2023 BRIDGE SAFETY INSPECTIONS K. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES L. APPROVE AGREEMENT WITH VIGILANT SOLUTIONS LLC FOR LICENSE PLATE READERS M. ADOPT RESOLUTION NO. 2021-90 APPROVING CHANGE OF THIRD PREMISE ON PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION N. AWARD CONTRACT TO SUNRAM CONSTRUCTION INC. FOR 11579 WELTERS WAY EROSION REPAIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES November 16, 2021 Page 10 1. Resolution Relating to General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorize Issuance, Award Sale, Fixing Form and Details, Providing for Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for Payment (Resolution No. 2021-91) Getschow noted the Council received additional information related to this bond issuance which went to sale for $17 million with a huge portion for refunding current bonds, resulting in a savings of almost $2 million. It also issues bonds for the City’s project to replace every residential water meter over the next three years. Bruce Kimmel, Ehlers, Senior Financial Advisor, reported on the successful bond sale with eight bids received, noting seven were within .8 percent of each other, and even with inflation concerns were on target with presale estimates. He stated the City would achieve savings of just under $2 million, or $150,000 net savings per year over the next 13 years. Mr. Kimmel presented highlights of the sale day report summary, noting the financing started at $19.4 million and due to the premium bid received from Piper Jaffrey, the bond amount was reduced by $2 million and still delivered $6 million for the water meter project and roughly $13 million for refunding. The true interest cost was 1.42 percent fixed for 15 years with the City having the ability to pay down or refinance the debt after eight years with no mandatory call feature or interest rate reset. Mr. Kimmel presented the bid tabulation, pointing out the coupon rates, face interest rates, on the bonds from 2023-2027 are in the 4 percent to 3 percent to 2 percent range but the true yields to the City when factoring in the premium is only .28 percent to 1.84 percent. He indicated the financial institutions have already been vetted and are fully accredited. Mr. Kimmel commented on the summary tables, debt service comparison, and present value savings of 12 percent, or four times the minimum threshold of 3 percent. Mr. Kimmel stated this had been the easiest rating affirmation he had been part of for a long time due to the fantastic job by City Manager Getschow, Finance Manager Wilson, and Public Works Director Ellis in preparing for the rating calls and following up on additional materials request. He described the metrics considered by Moody’s and Standard & Poor’s and reported both have confirmed Eden Prairie’s AAA bond rating. Case thanked Mr. Kimmel for the positive report and expressed the Council’s appreciation for Staff in their performance which results in CITY COUNCIL MINUTES November 16, 2021 Page 11 the City’s stability, credibility, and resident’s high quality of life. MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2021-291 relating to $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment. Motion carried 4-0. 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 XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:59 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk