City Council - 05/02/2023APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 2, 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 7:00 PM. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. POLICE DEPARTMENT LIFESAVING RECOGNITION FOR
COMMUNITY CENTER EMERGENCY
Police Chief Matt Sackett read in full a letter of recognition. He awarded Eden
Prairie Community Center staff Marie Goergen, Alisa Hoang, Jill Bickler,
Doug Tucker, and Nate Storey and community member Matt Johnson with
Letters of Recognition from the Police Department for their actions on March
8, 2023 when they saved the life of a man, Peter Graff, who collapsed while
exercising at the community center.
B. HUMAN RIGHTS AWARDS
Getschow stated the Human Rights and Diversity Commissioners present
human rights awards around this time each year. Greg Leeper, Human Rights
and Diversity Commission Chair, summarized the Eden Prairie Manifesto.
Kuhu Singh, Human Rights and Diversity Commissioner, stated Belia
Jimenez-Lorente is the recipient of the individual award and summarized her
accomplishments and efforts in the community. Ms. Singh presented Ms.
Jimenez-Lorente with the award.
Hina Kazama, Human Rights and Diversity Student Commissioner, stated
Jermell Taylor is the recipient of the youth award and summarized his
CITY COUNCIL MINUTES
May 2, 2023
Page 2
accomplishments and efforts in the community. Ms. Singh presented Mr.
Taylor with the award.
Sana Elassar, Human Rights and Diversity Commissioner, stated Chain
Reaction Theatre Project is the recipient of the nonprofit award and
summarized his accomplishments and efforts in the community. Ms. Singh
presented Shelley Smith, representative of Chain Reaction Theatre Project,
with the award.
Case noted the Eden Prairie Manifesto highlights, protects, and promotes
human rights in the City. Mr. Getschow pointed out Eden Prairie is going on
30 years of the Eden Prairie Manifesto.
C. CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW) PROCLAMATION
Getschow stated the Human Rights and Diversity Commission has prepared a
proclamation in support of Cities for the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) initiative and in support
of the principles of the UN Convention on the Elimination of All Forms of
Discrimination Against Women at the local level.
Brenda Pfahnl, Human Rights and Diversity Commissioner, provided
background on the proclamation.
Case read the proclamation in full.
Narayanan noted there could be a proclamation specific to sexuality and
gender.
D. ACCEPT VARIOUS DONATIONS FOR THE COMMUNITY IFTAR
EVENT (Resolution No. 2023-48)
Getschow explained the Human Rights and Diversity Commission planned the
first Community Iftar event in Eden Prairie. Donations assisted with the
Community Iftar event, an event designed to foster community conversation
and provide the opportunity for strengthening community relationships.
MOTION: Toomey moved, seconded by Freiberg to adopt Resolution No.
2023-48 Resolution accepting the following donations for the Iftar Event:
• $500 from the Eden Prairie Crime Fund
• $500 from the Eden Prairie Noon Rotary
• $500 from the New American Development Center (NADC)
• $500 from the Eden Prairie Community Foundation
• $500 from an anonymous resident
• $400 from an anonymous resident
Motion carried 5-0.
CITY COUNCIL MINUTES
May 2, 2023
Page 3
E. SENIOR AWARENESS MONTH PROCLAMATION
Lotthammer explained Senior Awareness Month is traditionally in May, and
there are a number of special activities highlighted on the City website.
Gayl Smith, Senior Center Advisory Council Chair, explained they represent
the countless seniors that utilize the Senior Center. She summarized a few of
the special offerings and services available in May. Beth Lapp, Senior Center
Advisory Council Member, was also present.
Case will read the proclamation in full.
F. METROPOLITAN COUNCIL UPDATE: DR. TYRONNE CARTER
Getschow introduced the item and invited Dr. Tyronne Carter from the
Metropolitan Council to continue the presentation.
Dr. Tyronne Carter introduced himself and provided details on his involvement
in the community as well as his educational and professional background. He
has a goal to meet with all mayors in his region.
Case thanked Dr. Carter for the information.
Narayanan welcomed Dr. Carter and noted he and Freiberg are part of the
SouthWest Transit Commission. Narayanan offered to provide information on
SouthWest Transit.
G. ACCEPT THE 2022 ANNUAL COMPREHENSIVE FINANCIAL
REPORT (ACFR): CAROLINE STUTSMAN WITH BERGAN KDV
Getschow explained Minnesota statutes require that the City prepare an annual
financial report and statements in accordance with Generally Accepted
Accounting Principles.
Caroline Stutsman, Audit Director for the independent auditing firm of
BerganKDV, presented a financial report. BerganKDV issued an unmodified
opinion which is the highest level of opinion the City can receive and means the
auditor believes the financial statements are fairly presented in all material
respects.
Case noted the Council discussed the item at length during a Work Session. He
noted the City has to hold onto six months of the operating budget, so there is
around $35 million saved up at any given time. Also, the bond rating mentioned
by Ms. Stutsman allows Eden Prairie to access lower interest rates.
Case added only about 5 percent of governmental bodies have such a clean audit.
Eden Prairie also has some of the lowest tax rates in the area.
CITY COUNCIL MINUTES
May 2, 2023
Page 4
Nelson thanked Getschow and Staff for their efforts to allow for such a strong
audit.
Freiberg agreed the audit results speaks to all levels of leadership in the City
from Staff to previous and current members of the Council. He stated it is a
pleasure to serve with the Council.
MOTION: Narayanan moved, seconded by Nelson, to accept the 2022 Annual
Comprehensive Financial Report (ACFR). Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Getschow pointed out one consent item is updated.
MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 4 , 2023
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 4, 2023
MOTION: Narayanan moved, seconded by Toomey to approve the minutes of
the Council workshop held Tuesday, April 4, 2023, and the City Council
meeting held Tuesday, April 4, 2023, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY
CENTER FIRE PANEL UPGRADE
C. DECLARE EQUIPMENT AS SURPLUS
D. APPROVE SECOND READING OF THE ORDINANCE 7-2023 TO
AMEND CITY CODE CHAPTER 11 RELATING TO A NEW MIXED
USE ZONING DISTRICT (Resolution No. 2023-49)
E. AWARD CONTRACT FOR 2023 SURFACE SEAL PROJECT TO
CORRECTIVE ASPHALT MATERIALS, LLC
F. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF
CONSULTING GROUP, INC. FOR CONSTRUCTION
ADMINISTRATION FOR THE PRAIRIE CENTER DR AND
CITY COUNCIL MINUTES
May 2, 2023
Page 5
SINGLETREE LN INTERSECTION IMPROVEMENTS
G. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF
CONSULTING GROUP, INC. FOR PRELIMINARY AND FINAL
DESIGN FOR THE PRAIRIE CENTER DR AND FRANLO RD
INTERSECTION IMPROVEMENTS
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
SAMBATEK, LLC, FOR ENGINEERING DESIGN AND
CONSTRUCTION ADMINISTRATION FOR THE WELL HOUSE #5
RECONSTRUCTION PROJECT
I. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BOLTON
AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE
WILLOW CREEK CULVERT REPLACEMENT PROJECT
J. APPROVE THIRD AMENDMENT TO LEASE AND SOLAR
EASEMENT; MEMORANDUM OF LEASE AND SOLAR EASEMENT
FOR A COMMUNITY SOLAR GARDEN AND AUTHORIZE
EXECUTION BY THE MAYOR AND CITY MANAGER
K. AWARD CONTRACT FOR EDEN PRAIRIE ROAD WATERMAIN
REPLACEMENT PROJECT TO WIDMER CONSTRUCTION, LLC
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON
AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE
EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT
M. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS
FOR THE EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT
PROJECT
N. AWARD CONTRACT FOR THE PIONEER TRAIL RECONSTRUCTION
PROJECT TO GMH ASPHALT CORPORATION
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO
FOR CONSTRUCTION ADMINISTRATION FOR THE PIONEER
TRAIL RECONSTRUCTION PROJECT
P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AET
FOR GEOTECHNICAL TESTING FOR THE PIONEER TRAIL
RECONSTRUCTION PROJECT
Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR
WELL HOUSE #17 AND TRANSMISSION MAIN CONSTRUCTION
PHASE SERVICES
R. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS
CITY COUNCIL MINUTES
May 2, 2023
Page 6
FOR THE WILLOW CREEK CULVERT REPLACEMENT PROJECT
S. AWARD CONTRACT FOR THE SUNNYBROOK CULVERT
REPLACEMENT AND ADA PEDESTRIAN RAMP PROJECT TO BKJ
EXCAVATING
T. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY
FOR STREETLIGHTING ON COLUMBINE DRIVE
U. AUTHORIZE PURCHASE OF THREE NEW EQUIPMENT TRAILERS
FROM LANO EQUIPMENT
V. APPROVE APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR
EDEN PRAIRIE HOCKEY ASSOCIATION (Resolution 2023-50)
MOTION: Toomey moved, seconded by Frieberg, to approve Items A-V on
the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. ADOPT RESOLUTION 2023-51 VACATING DRAINAGE AND UTILITY
EASEMENTS AT PRAIRIE ESTATES 2ND ADDITION PLAT
Getschow explained the property owners have requested a lot line adjustment of
Lots 1 and 2, Block 1, Prairie Estates 2nd Addition. In order to approve the lot
line adjustment, the platted drainage and utility easements adjoining the existing
lot line between the two properties need to be vacated. New drainage and utility
easements will need to be granted along the adjusted lot line.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Narayanan, to close the public
hearing, and to adopt Resolution No. 2023-51 vacating drainage and utility
easements. Motion carried 5-0.
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
CITY COUNCIL MINUTES
May 2, 2023
Page 7
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1. APPROVE MODIFICATIONS TO THE SENIOR EMERGENCY
REPAIR PROGRAM AND THE FIRST TIME HOMEBUYER
PROGRAM
Klima explained Community Development Staff administers a number
of programs to serve residents. She summarized the First Time
Homebuyer Program and the Senior Emergency Repair Program.
Klima pointed out modifications for the First Time Homebuyer
Program would update the maximum loan amount, increase the
maximum purchase price, and increase the housing debt-to-income
ratio, all of which are in line with industry standards. As for the Senior
Repair Program, the modification would be to increase the forgivable
loan amount, again in line with industry standards.
Case thanked Klima and her Department for their work.
MOTION: Narayanan moved, seconded by Freiberg, to approve
modifications to the Senior Emergency Repair Program and the First
Time Homebuyer Program. Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. OVERVIEW OF PARKS AND RECREATION GUIDE PLAN
Lotthammer explained the Parks, Recreation, and Natural Resources
Guide Plan is almost complete. He went through the various pages of
the Guide Plan with the Council and first summarized some
acknowledgements made in the Guide Plan. The Guide Plan allows for
an easy-to-update document structure.
Lotthammer stated the Guide Plan shares the history of the document
development and its connection to Aspire Eden Prairie 2040. The
Guide Plan also includes a list of recently updated plans, reports, and
surveys, an explanation of how the guide was developed, a project
timeline, information on how resident feedback is collected, a
description of future direction and vision, Eden Prairie’s guiding
principles and concepts, community partnerships, marketing
considerations, sustainability, equity and inclusion, and an
organizational chart. Lotthammer pointed out all of the photographs
are of and within Eden Prairie.
CITY COUNCIL MINUTES
May 2, 2023
Page 8
Lotthammer noted the document includes youth recreation offerings
and the impact of recreation on youth. Athletic programs in Eden
Prairie are listed and address changing demographics and future
considerations within adult athletics. The Eden Prairie Art Center, the
Eden Prairie Senior Center, and the Eden Prairie Community Center,
public arts initiatives, and rental facilities are also detailed.
Lotthammer added the Parks and Natural Resources portion is a more
traditional part of the Guide. Climate change, water quality and
management, trails and sidewalks, conservation areas, historical and
special use areas, and neighborhood and community parks are covered
in the section.
Lotthammer pointed out the appendix has a number of links to real-time
updated City website pages. He noted the Parks and Recreation
Commission has been extremely helpful in the process.
Nelson pointed out the document is very well-done.
Narayanan added the document is beautiful and comprehensive. Also,
it is great that the document is accessible to the community and easy to
update in the future.
Case noted his agreement. He pointed out Sarah Aschenbeck and
Tammy Wilson and acknowledged their efforts.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
Narayanan pointed out today is Freiberg’s birthday and wished him a Happy Birthday.
XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 8:35 p.m.
Respectfully submitted,
_________________________
Nicole Tingley, City Clerk