HomeMy WebLinkAboutCity 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