City Council - 01/03/2023APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 3, 2023 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, Community
Development Director Julie Klima, Police Chief
Matt Sackett, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:02 PM. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS FREIBERG
AND NELSON
Neuville swore in Mayor Case and Council Members Freiberg and Nelson.
Mayor Case noted the three incumbents were re-elected with around two-thirds of the
population, and it was very validating for each member of the Council.
IV. OPEN PODIUM INVITATION
V. PROCLAMATIONS / PRESENTATIONS
A. EDEN PRAIRIE POLICE DEPARTMENT 50TH ANNIVERSARY
PROCLAMATION
Mayor Case noted January 1, 2023 marks the 50th anniversary of the founding of
the Eden Prairie Police Department. The 50th Anniversary Committee has created
an updated patch commemorating the anniversary which will be incorporated in
multiple ways including a special sticker for the department’s squad cars.
Police Chief Matt Sackett provided a short presentation and showed a 50th
Anniversary video created by the committee.
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Mayor Case read the proclamation in full.
B. ACCEPT DONATION FROM LIONS TAP FOR VARIOUS SPECIAL
EVENTS (Resolution No. 2023-01)
Lotthammer explained this item is to accept a donation for various special events
from Lions Tap. Donations such as this allow the City to offer special events at
low or no cost to residents.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No.
2023-01 accepting the donation in the amount of $1,500 from Lions Tap for
various special events. Motion carried 5-0.
C. ACCEPT DONATION FROM SENIOR ASSET FOR SENIOR CENTER
EVENTS (Resolution No. 2023-02)
Lotthammer explained this item is to accept a donation for Senior Center
events from Senior Asset.
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2023-02 accepting the donation in the amount of donation of $150 from Senior
Asset for Senior Center special events. Motion carried 5-0.
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as
published. Motion carried 5-0.
VII. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2022
MOTION: Toomey moved, seconded by Narayanan to approve the minutes of
the Council workshop held Tuesday, December 6, 2022, and the City Council
meeting held Tuesday, December 6, 2022, as published. Motion carried 5-0.
VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
IX. CONSENT CALENDAR
A. CLERK’S LIST
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B. ADOPT RESOLUTION NO. 2023-03 ESTABLISHING MEETING DATES
AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2023
C. ADOPT RESOLUTION NO. 2023-04 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
D. ADOPT RESOLUTION NO. 2023-05 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS
FOR CITY OF EDEN PRAIRIE
E. ADOPT RESOLUTION NO. 2023-06 AUTHORIZING CITY OFFICIALS
TO TRANSACT BANKING BUSINESS
F. ADOPT RESOLUTION NO. 2023-07 DESIGNATING DEPOSITORY
G. ADOPT RESOLUTION NO. 2023-08 AUTHORIZING USE OF
FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
H. ADOPT RESOLUTION NO. 2023-09 AUTHORIZING PAYMENT OF
CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR
COUNCIL APPROVAL
I. ADOPT RESOLUTION NO. 2023-10 AUTHORIZING THE
EXPENDITURE OF FISCAL YEAR 2022 AND 2023 OPIOID
SETTLEMENT FUNDS
J. APPROVE AN AGREEMENT FOR SERVICES WITH THE FENCING
CONSORTIUM
K. AUTHORIZE LEASE AGREEMENT WITH THE METROPOLITAN
AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS
L. AUTHORIZE PURCHASE AND INSTALL OF POOL AUDIO
EQUIPMENT FOR AQUATICS CENTER
M. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR FIBER
OPTIC BUILD-OUT TO THE OUTDOOR CENTER
N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
O. APPROVE AN AGREEMENT FOR IMPLEMENTATION OF FLEET
MANAGEMENT SYSTEM FROM FLEETIO
P. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND
ALLEN’S SERVICE INC AND DBA MATT’S AUTO SERVICE FOR 2023
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Q. ADOPT RESOLUTION NO. 2023-11 AND APPROVE CONTRACT WITH
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49
R. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF
ASSOCIATION (EPFRA) BYLAWS
S. APPROVE THE DEVELOPMENT AGREEMENT AMENDMENT FOR
PARAVEL APARTMENTS
T. APPROVE ELECTRIFY EVERYTHING MN AGREEMENT WITH THE
CENTER FOR ENERGY AND ENVIRONMENT
MOTION: Narayanan moved, seconded by Nelson to approve Items A-T on
the Consent Calendar. Motion carried 5-0.
X. PUBLIC HEARINGS / MEETINGS
A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE
CHAPTER 11, SECTION 11.78 RELATING TO AMENDMENTS TO THE
ZONING CHAPTER AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1, SECTION 11.99
Getschow explained the proposed change is to align with the State Statute
which would impact a super majority vote. Case clarified what a super
majority vote is and what it would impact within Eden Prairie.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Freiberg to close the public
hearing, and to Approve first reading of the Ordinance to amend City Code
Chapter 11, Section 11.78 relating to amendments to the zoning chapter.
Motion carried 5-0.
XI. 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.”
XII. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCES AMENDING FRANCHISE FEES
FOR XCEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA
VALLEY ELECTRIC COOPERATIVE
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Ellis stated franchise fees were first adopts in 2012 for gas and electric. It was
used for pavement management. Franchise fees were the preferred alternative
to annual street assessments to avoid litigation, large assessments, and divisive
public hearing. Additionally, franchise fees are more efficient, equitable,
predictable, and manageable. 110 cities in Minnesota have franchise fees.
Ellis noted there are 580 lane miles of streets in Eden Prairie with the average
age of 37 years. The goal is to do preventative and repair maintenance to
ensure lower costs. Every three years the streets are assessed for condition.
Currently 86 percent of roads are excellent or very good condition.
Ellis showed potential outcomes based on various franchise fees and its impact
on the City’s goals for road conditions. Staff recommends a $6.50 alternative
as it achieves the Citywide average condition of “very good” or better and
nearly ten percent below or equal to “poor, very poor, or failed” with no need
for special assessments.
Case noted if the City were to pay for all of the pavement management for the
next 30 years, if it would be about $3.5 million per year. The City has the
responsibility to pay for that through assessments, general funds, or franchise
fees. He pointed out there are entities that don’t pay taxes to Eden Prairie but
use the roads heavily and still pay gas and electric.
Nelson stated the roads in Eden Prairie are high-quality and make the City an
excellent place to live.
Freiberg asked when the fees were last changed. Ellis stated the fees were last
changed in 2017.
Toomey thanked Ellis for the presentation and the initiative taken by Staff.
MOTION: Nelson moved, seconded by Freiberg, to approve first reading of
an ordinance amending franchise fees for Xcel Energy, approve first reading of
an ordinance amending franchise fees for CenterPoint Energy, approve first
reading of an ordinance amending franchise fees for Minnesota Valley Electric
Cooperative. Motion carried 5-0.
XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIV. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution No. 2023-12)
MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No.
2023-12 designating the Eden Prairie Sun Sailor as the official City newspaper
for the year 2023. Motion carried 5-0.
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B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR
CITY COUNCIL IN 2022 AND APPOINT ACTING MAYOR (Resolution
No. 2023-13)
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2023-13 designating the official meeting dates, time and place for the City of
Eden Prairie Council in 2023 and appointing Council Member Nelson as
Acting Mayor. Motion carried 5-0.
C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND
REDEVELOPMENT AUTHORITY (Resolution No. 2023-14)
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2023-14 appointing City Council Members to serve as Commissioners for the
Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case
as Chair; Rick Getschow as Executive Director and Council Member Nelson as
Secretary for calendar year 2023. Motion carried 5-0.
D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN
RATE AUTHORITY (Resolution No. 2023-15)
MOTION: Narayanan moved, seconded by Nelson, to adopt the Resolution
No. 2023-15 designating Public Works Director Robert Ellis as the Director
and Council Member Freiberg as the Alternate Director to the Suburban Rate
Authority. Motion carried 5-0.
E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS
ALTERNATES TO NATIONAL LEAGUE OF CITIES
MOTION: Nelson moved, seconded by Freiberg, to approve appointment of
Mayor Case as Delegate and Council Members as Alternates to the National
League of Cities. Motion carried 5-0.
F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION
MOTION: Nelson moved, seconded by Freiberg, to approve appointment of
Mayor Case and Council Member Lisa Toomey as alternate to the Municipal
Legislative Commission. Motion carried 5-0.
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
MOTION: Narayanan moved, seconded by Nelson, to approve appointment of
Council Member Freiberg to the Southwest Cable Commission. Motion
carried 5-0.
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H. APPOINTMENT TO I-494 CORRIDOR COMMISSION
MOTION: Freiberg moved, seconded by Narayanan to approve appointment
of Council Member Toomey to the I-494 Corridor Commission. Motion
carried 5-0.
I. APPOINTMENT OF ASSISTANT WEED INSPECTOR
MOTION: Toomey moved, seconded by Narayanan, to appoint Karli Cich as
Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0.
J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE
RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution No. 2023-16)
MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution No.
2023-16 appointing Council Member Kathy Nelson and Finance Manager
Tammy Wilson to the Eden Prairie Fire Relief Association. Motion carried 5-
0.
K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
MOTION: Nelson moved, seconded by Narayanan to appoint Council
Member Freiberg to the Southwest Transit Board as the Eden Prairie Appointed
Representative for a two-year term to end December 31, 2024. Motion
carried 5-0.
XV. REPORTS
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 7:54 p.m.
Respectfully submitted,
_________________________
Nicole Tingley, City Clerk