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City Council - 02/08/2022APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 8, 2022 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, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Police Chief Matt Sackett I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Kathy Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. POLICE DEPARTMENT LIFE SAVING AWARD FOR MCDONALD’S DRIVE-THRU EMERGENCY City Manager Rick Getschow introduced Police Chief Matt Sackett to present the awards. Chief Sackett stated they are recognizing Sydney Raley and Garrett Guzman with Letters of Recognition from the Department for their actions on December 18, 2021 when they saved the life of woman who was choking in the drive-through at McDonald’s. Chief Sackett explained Ms. Raley was working at the drive-through and jumped out the window when she noticed a woman was choking. Ms. Raley called for Mr. Guzman’s help to perform the Heimlich on the woman. Together, they dislodged the food from the woman’s throat and saved her life. Chief Sackett gave the two Letters of Recognition. He noted Miriam Swirski- Lubin, the woman who was saved, was present at the meeting. Mike Trullinger, Battalion Chief and Public Information Officer for Hennepin Emergency Medical Services, was in attendance to present American Heart Association awards to Ms. Raley and Mr. Guzman. Mr. Trullinger explained he had been a paramedic for many years. He stated it is so important when people such as Ms. Raley and Mr. Guzman act and give the paramedics CITY COUNCIL MINUTES February 8, 2022 Page 2 something to work with. Mr. Trullinger presented Ms. Raley and Mr. Guzman with Heart Saver Hero Awards. Additionally, he presented the two with challenge points on behalf of Hennepin County. B. MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST WINNERS Mr. Getschow stated there were members of the Human Rights and Diversity Commission (HRDC) present at the previous meeting to announce the Martin Luther King, Jr. Words in Action. Mr. Getschow explained winners of the contest were at the meeting to share their pieces. He introduced Sam Griffin, Human Rights and Diversity Commissioner, to continue the contest presentation. Mr. Griffin explained the contest aligns with many components of HRDC’s racial equity report. Students were tasked with choosing a quote by Martin Luther King Jr. and expressing their quote in some fashion while sharing how they can carry forth the legacy of Dr. King. Mr. Griffin stated they received many submissions, and there were four winners and four honorable mentions selected. Shubhangi Mohan, Human Rights and Diversity Student Commissioner, introduced Alec Boudreau, the winner of the 12 and under age group to share his submission. A recording of Mr. Boudreau’s submission was played. The submission explained he is a fifth-grader at Eagle Heights. When he heard about the contest, he knew exactly which quote he wanted to do. He wrote a piano piece and incorporated it with a quote of Dr. King’s. He noted he would do his part by displaying kindness, courtesy, and respect for other people and intervening in times of injustice. After the recording was finished, Mr. Boudreau thanked the Council for choosing his submission. Ms. Mohan introduced Akshaya Ramanujam as the other winner for the 12 and under age group. They played Ms. Ramanujam’s submission. The video included clips on different time periods and aspects of racial discrimination and injustice meted out to people of color in the past and present, including the murder of George Floyd. Ms. Ramanujam shared a poem she wrote on the subject and suggested ways the community could address and teach people about injustices. After the recording was played, Ms. Ramanujam thanked the HRDC for selecting her piece and also thanked her mother. Ms. Ramanujam stated Dr. King envisioned a world where people are judged not by the color of their skin CITY COUNCIL MINUTES February 8, 2022 Page 3 but by the content of their character. She stated she would like to make his dream a reality in Eden Prairie. Hina Kazama, Human Rights and Diversity Student Commissioner, explained there were two winners in the category for ages 13 to 18. She introduced Ashritha Katamneni as the first winner. Ashritha Katamneni stated she was an eighth-grader and she connected with the topic as she is also a person of color. She noted Dr. King demanded an end to segregation through nonviolence. She explained they need to move towards change and youth can make a difference in the community. Dr. King was only 26-years-old when he made a huge impact at a bus boycott. Even if they can’t make large changes, they need to make small, thoughtful changes. Ms. Katamneni noted the death of George Floyd made a large impact in the community and spurred on many conversations. Though they cannot change the past, they can impact the history in the making. Ms. Katamneni provided ideas for ways they can improve the Eden Prairie community for all of its people. Ms. Kazama introduced the other winner for the older age group, Spandan Data. Mr. Data explained he was an eighth-grader and thanked the Council for choosing his submission. He read a small portion of his essay submission which pointed out the moving words of Dr. King. Mr. Data noted Dr. King’s legacy lives on, and he hopes they can implement more of his ideas in the community. Case thanked the HRDC Commissioners and the winners for their efforts and submissions. C. EDEN PRAIRIE LIQUOR DOLLAR DRIVE FOR PROP Mr. Getschow introduced Timin Ayu, Liquor Store Manager, to present the Dollar Drive. Mr. Ayu explained throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute $1 or more each time they visited. Throughout the fundraiser, the stores collected a total of $8,563.28 for PROP food shelf. Case noted Board Members and the Executive Director of PROP were present. D. EMPTY BOWLS DAY PROCLAMATION Getschow explained Empty Bowls Day was coming up. Case read a proclamation declaring February 22, 2022 as Empty Bowls Day and urged all CITY COUNCIL MINUTES February 8, 2022 Page 4 citizens to support PROP. Empty Bowls is an annual PROP event which has been held since 2010 in Eden Prairie to raise funds for PROP. Case presented PROP Executive Director Jenifer Loon with the proclamation. Ms. Loon thanked the Council for the proclamation. She explained she was the new Executive Director of PROP, but the organization just celebrated its 50- year anniversary. Empty Bowls has been a way for the community to support PROP and rally around the mission. She noted Empty Bowls 2022 will be digital due to the COVID-19 pandemic, but there are many opportunities to support the cause. Ms. Loon stated around 1,000 people go to PROP each month for food support. Approximately one-third of those people are children under the age 18, and approximately 150 are senior citizens. PROP gave away over 500,000 pounds of food in 2021. She thanked Eden Prairie for their partnership. Case stated there are many amazing nonprofits in Eden Prairie, and they are very proud to have PROP in their midst. Case asked if the Council had any comments on the evening’s presentations. Council Member Narayanan noted it was amazing to hear from youth and PROP is a great organization. Council Member Toomey congratulated Ms. Loon on her new position with PROP and noted she would do a great job in the role. E. MINNESOTA PARK AND SPORTS TURF MANAGERS ASSOCIATION FIELD OF THE YEAR AWARD Parks and Recreation Director Jay Lotthammer stated Eden Prairie has been recognized by the Minnesota Park and Sports Turf Manager’s Association with a Field of the Year Award for Round Lake Stadium. Lotthammer explained the award is usually for professional or university fields, so it was an honor for Eden Prairie to receive such an award. Additionally, Round Lake Stadium was built in 2007 and 2008, and it is remarkable to receive an award at this time in the Stadium’s life span. He noted there are many people who deserve to be thanked for their efforts in maintaining the Stadium. Case asked if they received a plaque and if there is a space for Parks and Recreation Department awards. Lotthammer stated there is a space outside of their offices with awards, and there are some awards behind the Parks and Recreation front desk where they can be viewed by the public. Case thanked Lotthammer for his leadership. F. ACCEPT DONATION OF $350 FROM THE EDEN PRAIRIE COMMUNITY FOUNDATION FOR THE MARTIN LUTHER KING, CITY COUNCIL MINUTES February 8, 2022 Page 5 JR. WORDS IN ACTION CONTEST (Resolution No. 2022-26) Lotthammer announced The Eden Prairie Community Foundation’s donation provides for cash prizes for the contest finalists. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-26 accepting the donation in the amount of $350 from the Eden Prairie Community Foundation for the Martin Luther King, Jr. Words in Action Contest. Motion carried 4-0. G. ACCEPT DONATION OF $350 FROM ELIM SHORES FOR VARIOUS SENIOR CENTER SPECIAL EVENTS (Resolution No. 2022-27) Lotthammer explained donations such as this allow the Senior Center to offer special events at low or no cost to residents. This particular donation is for the shredding event and the golf event. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2022-27 a accepting the donation in the amount of $350 from Elim Shores for various Senior Center special events. Motion carried 4-0. H. ACCEPT DONATION OF $200 FROM HUMANA FOR VARIOUS SENIOR CENTER SPECIAL EVENTS (Resolution No. 2022-28) Lotthammer explained the donation from Humana for the Senior Center would be used for the golf event and the June bingo program. Case noted the Council’s appreciation for the donations as the City doesn’t have unlimited funds. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-28 accepting the donations in the amount of $200 from Humana for various Senior Center special events. Motion carried 4-0. Narayanan noted he encouraged more celebration in their meetings during previous planning sessions, and he was thankful to have such a joyous, celebratory meeting. Case added they had a workshop session over the weekend with senior Staff to strategize for the year. While the Council may not share the same ideas and perspectives, they have a great deal of respect for one another. It is a positive environment for the Council to work in. He noted his appreciation for Staff. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 4-0. CITY COUNCIL MINUTES February 8, 2022 Page 6 VI. MINUTES I. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 18, 2022 J. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 18, 2022 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 18, 2022, and the City Council meeting held Tuesday, January 18, 2022, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 5.72 AND 9.11 RELATING TO RENTAL HOUSING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (Ordinance 3-2022, Resolution 2022-29) K. CODE AMENDMENT FOR SIGNAGE by City of Eden Prairie. Approve second reading of an Ordinance to amend City Code Chapter 11 relating to content neutrality in signage regulations and adopt Resolution approving Summary Ordinance (Ordinance 4-2022, Resolution 2022-30) L. BLUE STEM NORTH ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) REVIEW (Resolution 2022-31) M. RESOLUTION 2022-32 APPROVING AMENDMENTS TO THE JOINT AND COOPERATIVE AGREEMENT OF THE MUNICIPAL LEGISLATIVE COMMISSION N. DECLARE OBSOLETE FIRE EQUIPMENT AS SURPLUS O. APPROVE DELEGATION AGREEMENT WITH THE MN DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION P. APPROVE AGREEMENT WITH BARR FOR THE LOWER RILEY CREEK WATERSHED OUTLET MONITORING Q. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 11 R. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 12 CITY COUNCIL MINUTES February 8, 2022 Page 7 S. APPROVE PURCHASE OF TWO NEW FORD MODEL F150 EV PRO 4WD MODEL VEHICLE FOR A TOTAL COST OF $85,791.20 T. AWARD 2022 STREET SWEEPING CONTRACT TO PEARSON BROTHERS, INC. U. RESOLUTION 2022-33 APPROVING THE MUTUAL WAIVER AGREEMENT FOR EDEN PRAIRIE ROAD ASSESSMENT PROJECT V. APPROVE TEMPORARY EASEMENT AGREEMENT AMENDMENT WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT W. AWARD CONTRACT FOR 2021 PRIORITY POND DREDGING TO RACHEL CONTRACTING X. APPROVE MINNESOTA DEPARTMENT OF HEALTH SOURCE WATER PROTECTION PROGRAM GRANT FOR $10,000 MOTION: Toomey moved, seconded by Narayanan, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. REDEVELOPMENT PLAN, MODIFICATION, ESTABLISHMENT OF TIF DISTRICT AND TIF PLAN FOR THE ELLIE Getschow stated The Ellie is a four story mixed-income apartment project on Lincoln Lane just east of Eden Prairie Road. There would be a future hearing for the Tax Increment Financing (TIF) component of the project and a second reading. However, the public hearing on the agenda is meant to address the potential of adding a TIF district. He noted The Ellie qualifies for TIF, and the funds would be used to allow for the affordable units in the project. 20 percent of the units will be affordable to residents earning at or below 50 percent of the Area Median Income (AMI). An additional 12 units would be affordable to residents earning at or below 80% of the AMI. The remaining 179 units will be market rate. Getschow noted a representative from Ehlers was present. He added Tammy Wilson was promoted to Finance Manager, and they have a new employee Sara Aschenbeck at the meeting. Case explained TIF allows for a property to capture the value of the future worth to spend money on initial infrastructure. A project utilizes TIF to create a project which would otherwise be unable to be built without the additional funding. CITY COUNCIL MINUTES February 8, 2022 Page 8 Getschow added the property still pays taxes at a frozen value which are put back into the property. The vast majority of projects in Eden Prairie are housing properties, and they use TIF to allow for more affordable housing. There were no comments from the audience. Toomey asked if the affordable units would be in perpetuity. Getschow invited City Planner Julie Klima to provide more information on the question. City Planner Julie Klima stated the plan would include 20 percent of the units be affordable, and five percent of the units would be affordable in perpetuity. The TIF units would be for the life of the district. MOTION: Freiberg moved, seconded by Toomey, to close the public hearing, to direct Staff to include the Redevelopment Plan Modification for Redevelopment Project Area No. 5, establishment of TIF District 24, and adoption of a TIF plan on the March 1, 2022 City Council meeting agenda, and recommend that staff include the TIF Plan and the TIF Development Agreement on the March 1, 2022 HRA meeting agenda. VOTE ON THE MOTION: Motion carried 4-0. 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, 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 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Transfer of the Eden Prairie Cemetery from the Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie (Resolution) CITY COUNCIL MINUTES February 8, 2022 Page 9 Lotthammer noted Mike Rogers was present as a representative of the Eden Prairie Cemetery Board, and Mr. Rogers has done a great job in his role which requires a lot of care. Lotthammer stated the Eden Prairie Cemetery was established in 1865 and was incorporated in 1967. On November 13, 2021, 33 members of the Eden Prairie Cemetery Board met and unanimously passed a resolution authorizing the transfer of the land and operation of the cemetery to the City of Eden Prairie. Lotthammer explained the Pleasant Hill Cemetery is 1.6 acres and has 17 plots for sale along with 59 columbarium niches and room for 128 sets of ashes in the columbarium ossuary. He explained urns could go in the niches and an ossuary holds up to 128 bags of ashes. Lotthammer stated the Eden Prairie Cemetery has 5.4 acres of land. There are over 100 plots available on the northern section and over 600 for sale in the southern section. Lotthammer added Staff reviewed documents from the cemetery including a site map, policies, financials, a transfer resolution, land history, and potential encumbrances. Lotthammer stated from 2018 to 2021, there was a range of net profits of negative $16,000 to positive $12,000. The finances include water charges and capital projects. To predict future financial performance, they used City account methods with no depreciation. Additionally, there are economies of scale and efficiencies the City has which a private business would not have. For example, mowing, plowing, and administrative time would be cheaper for the City. The City has in- house expertise in areas of irrigation and turf management. With that in mind, the method yielded an overall positive performance with a surplus of $5,000 to $15,000 per year. Lotthammer noted burials and plot purchases vary year to year. Lotthammer explained they have had two funds for Pleasant Hill Cemetery. Because Pleasant Hill was established after 1905, they have to have a perpetual care fund. Eden Prairie has just over $200,000 in the perpetual care fund, and they can only use interest to improve the site. The Pleasant Hill Operating Fund is around $120,000. Lotthammer explained Eden Prairie has a fund of $25,000. However, they have just completed a large number of capital projects. Staff does not believe they would need to do any capital projects for a number of years. Overall, it has the ability to be self-sustaining despite the low fund balance. Lotthammer noted there were some implications for the City to take CITY COUNCIL MINUTES February 8, 2022 Page 10 over the cemetery. He stated they would look at the pricing for Eden Prairie Cemetery and make it more similar to the pricing at Pleasant Hill Cemetery. There would be an increased workload, which was addressed in the operating budget. There would be increased efficiencies and economies of scale for mowing, plowing, and administrative time. Additionally, the City would utilize in-house expertise which had been previously contracted out. Lotthammer added there has been confusion between Pleasant Hill and Eden Prairie Cemetery, but having the two under the same ownership would decrease confusion. There would be one contact and one website. Furthermore, the concept was presented to the Planning Commission, and they believe the City should take on the cemetery. People have a lot of confidence if a cemetery was owned by the City in terms of upkeep and lower price inflations. Lotthammer stated there is a Resolution to consider the transfer. In February, there would be a transfer of ownership and funds. From there, March 1, 2022 would be the beginning of the City’s operation of the Eden Prairie Cemetery. Freiberg asked if it would be a transfer or a purchase. Lotthammer confirmed it would be a transfer. Freiberg asked what the downside for the cemetery if the Council were to vote against the Resolution. Lotthammer explained the Eden Prairie Cemetery’s Board is not interested in continuing care for the cemetery for a long time, but other people could step up. There has been a history of private cemeteries losing care and funding and would be left to the jurisdiction to care for. Freiberg stated there is a possibility of abandonment which would default to the City. Freiberg noted he would not like to see that happen, but he is not completely comfortable with the transfer. Toomey asked if the transfer would require additional personnel. Lotthammer stated they would be hiring part-time staff, but it is not substantial as it would only cost a few thousand dollars. Narayanan asked if Staff projected negative $12,000 to positive $15,000 each year. Lotthammer stated those numbers were for the history of the cemetery. Staff did not need to calculate depreciation or use of funds for their projections. Narayanan asked if the City takes over the operation, if it would be positive financially. Lotthammer confirmed they project the City CITY COUNCIL MINUTES February 8, 2022 Page 11 would have a surplus of $5,000 to $15,000 with Staff time included. Narayanan added they do not anticipate any large capital projects for a number of years. Narayanan asked what the profit is for selling plots. Lotthammer stated the annual revenue of sales is $40,000 to $50,000. Additionally, there are profits for digging graves and other things which are required for a burial. He added they will likely end up with another ossuarium at Pleasant Hill, which could also be a consideration at the Eden Prairie Cemetery. At the time the ossuarium was added to Pleasant Hill, over 50 percent of Minnesotans were being cremated. Narayanan stated it is a positive thing for Eden Prairie Cemetery to have so many available plots. Narayanan agreed people feel more comfortable with City-operated cemeteries. He noted he does not see any downsides to the transfer of the cemetery and it is the right thing to do. Also, it does not cost anything to tax payers. Toomey added the cemetery could end up being the City’s responsibility eventually anyways. Case stated he has been a proponent of transferring the Eden Prairie Cemetery to the City for over 30 years. He noted Mike Rogers and his family have done an amazing job with the cemetery. The Rogers name is deeply embedded into the community. He stated they need some sort of plaque to honor the Rogers family. Case stated it is appropriate and positive for the City to take control of the cemetery. The conservation of the energy and money to have one ownership of cemetery is beneficial. Case noted he appreciates all of the projects Mr. Rogers has done to care for the cemetery. He asked if there was any way to keep Mr. Rogers in the loop to use his expertise in running and upkeep of both cemeteries. Case noted any amenity costs taxpayer’s dollars. For example, a park costs tax money. Cemeteries are also an important amenity to have in a community. Additionally, cemeteries are a source of community history. Case added his appreciation of the Rogers family and their service to the community. Freiberg noted though he isn’t sold on the idea, he isn’t necessarily opposed to it. He explained people need to be taken care of which ultimately counteracts his other concerns. Case added he did not receive confirmation about Mr. Rogers’ future CITY COUNCIL MINUTES February 8, 2022 Page 12 involvement. Lotthammer stated they have received information from Mr. Rogers in the past, but they do not have additional money in the consultant budget to pay Mr. Rogers. Case stated there are likely paper documents which may need to be transferred to the City. Lotthammer stated the City will pick up the physical records to be added to their records. Case asked Mr. Rogers if he would like to comment. Mr. Rogers thanked the Council for considering the transfer. He thanked the previous leadership who has maintained the cemetery and its records for over 150 years. He added he would like to help in any way. For example, the City could utilize his knowledge of working with people on their toughest days or the history he has uncovered. Over the past couple of years, they have found hundreds of death certificates to match with graves in the cemetery. Case noted Mr. Rogers is a retired Eden Prairie firefighter. MOTION: Toomey moved, seconded by Narayanan, to approve the transfer of the Eden Prairie Cemetery from the Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie. Motion carried 4-0. 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: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:21 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk