City Council - 08/15/2023
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, AUGUST 15, 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, Fire Chief
Scott Gerber, 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 AND FIRE DEPARTMENT LIFESAVING
RECOGNITION FOR NESBITT PARK PARKING LOT EMERGENCY
Chiefs Matt Sackett and Scott Gerber awarded citizen Molly Menton with a Letter
of Recognition from the Police and Fire Departments for her actions on June 8,
2023 when she helped saved the life of Duane Hookom, who was experiencing a
cardiac event while driving in the Nesbitt Park parking lot.
Case pointed out Duane Hookom is a vital part of the Eden Prairie community and
very involved in the City.
B. SOUTHWEST LIGHT RAIL TRANSIT UPDATE – SOUTHWEST
LIGHTRAIL TRANSIT PROJECT OFFICE
Jim Alexander, Project Director with Metro Transit, provided a presentation on the
Green Line Extension. He explained the civil work should be done by the end of
the year. Cost negotiations with civil and systems contractors are ongoing. Later
this month, staff will seek approval to continue cost negotiations with both
contractors on the revised schedules and critical path delays experienced in 2022
and 2023.
CITY COUNCIL MINUTES
August 15, 2023
Page 2
Mr. Alexander showed a few slides showing parts of the LRT and developments in
the area. He also showed photos of systems projects that are underway. Mr.
Alexander highlights a number of communications and community engagement
efforts.
Case pointed out the project is currently $280 million short to complete the
project, but the funding will work out because no one will let a $2.7 billion project
go unfinished for less than 10 percent of the total funding missing.
Toomey asked how long the testing will take once everything is finished. Mr.
Alexander stated it depends on when systems will be complete because of the
necessary track connections. They try to give operations six months to work out
the kinks and do testing.
Toomey asked if there will be turnstiles. Mr. Alexander stated there is a proof of
payment process. There is nothing physically to stop people, but there are
enforcement efforts in place.
Narayanan asked for Mr. Alexander’s perspective on potential crime increases.
Mr. Alexander explained safety is the utmost priority. They have a new Chief
from New York who is learning the system. There is a bit of an issue recruiting
more officers, but the plan is to have officers very visible.
Narayanan asked what the projections for 2027 ridership. Mr. Alexander stated
they don’t have updated projections, but initial projections at the beginning of the
process showed 29,000 daily ridership.
Narayanan asked how much CO2 has been estimated for the light rail. Mr.
Alexander stated he would have to review the environmental documentation.
C. SOUTHWEST TRANSIT UPDATE – ERIK HANSEN, SOUTHWEST
TRANSIT CEO
Erik Hansen, Southwest Transit CEO, introduced himself and showed a graph
reflecting macro trends in transit. He explained more and more people are
working from home, which impacts the way Metro Transit operates. Express Bus
ridership has decreased over the past five years while prime ridership has
increased. Other considerations for transit is the aging population and the
introduction of new transportation technology.
Narayanan noted Southwest Transit is extremely important, especially for people
who have no other form of transportation.
D. ACCEPT DONATION FROM AMERICAN LEGION POST 580 FOR
SENIOR CENTER WOODSHOP EQUIPMENT (Resolution No. 2023-68)
CITY COUNCIL MINUTES
August 15, 2023
Page 3
Lotthammer explained the donation from American Legion Post 580 will go
towards purchasing a lathe for the woodshop located at the Senior Center.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-
68 accepting the donation in the amount of $1,500 from American Legion Post
580 for Senior Center woodshop. Motion carried 5-0.
E. ACCEPT DONATION FROM COMCAST THROUGH THE EDEN PRAIRIE
CRIME PREVENTION FUND FOR SAFETY CAMP (Resolution No. 2023-
69)
Lotthammer explained a donation from Comcast was made to the Eden Prairie
Crime Fund, who have donated the $5,000 to the City.
MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No.
2023-69 accepting the donation in the amount $5,000 for Safety Camp from
Comcast through the Eden Prairie Crime Prevention Fund. Motion carried 5-0.
F. ACCEPT DONATION FROM GASSEN COMPANY FOR SENIOR CENTER
GOLF CLASSIC (Resolution No. 2023-70)
Lotthammer explained such as this one from Grassen Company allow the Senior
Center to offer special events at low or no cost to residents.
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2023-70 accepting the donation in the amount of $250 from Grassen Company for
the Senior Center’s Golf Classic. Motion carried 5-0.
G. ACCEPT DONATIONS FROM PRAIRIE SCHOOL OF DANCE AND NEW
HORIZON ACADEMY FOR AUGUST MOVIES IN THE PARK (Resolution
No. 2023-71)
Lotthammer stated the donation was from Prairie School of Dance and New
Horizon Academy.
MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution No. 2023-
71 accepting the donation in the amount $250 from Prairie School of Dance and
$250 from New Horizon Academy for August Movies in the Park. Motion
carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
CITY COUNCIL MINUTES
August 15, 2023
Page 4
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 11 , 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 11, 2023
MOTION: Narayanan moved, seconded by Freiberg to approve the minutes of
the Council workshop held Tuesday, July 11, 2023, and the City Council meeting
held Tuesday, July 11, 2023, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. APPROVE THE SECOND READING OF ORDINANCE NO. 11-2023 TO
AMEND CITY CODE CHAPTER 9 AND 11 RELATED TO FLEX SERVICE
ZONING DISTRICT AND ADOPT RESOLUTION NO. 2023-72
APPROVING SUMMARY ORDINANCE
C. APPROVE THE SECOND READING OF ORDINANCE NO. 12-2023 TO
AMEND CITY CODE CHAPTER 11 RELATED TO PARKING
REGULATIONS AND ADOPT RESOLUTION NO. 2023-73 APPROVING
SUMMARY ORDINANCE
D. KIWATCHI ADDITION (2022-11) BY CRAIG AND JESSICA SCHMIDT
SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM
RURAL TO R1-9.5 ON 2.11 ACRES AND APPROVAL OF A
DEVELOPMENT AGREEMENT (ORDINANCE NO. 13-2023 FOR ZONING
CHANGE, RESOLUTION NO. 2023-74 FOR SUMMARY ORDINANCE AND
DEVELOPMENT AGREEMENT)
E. ADOPT RESOLUTION NO. 2023-75 APPROVING FINAL PLAT OF
KIWATCHI ADDITION
F. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND
PERMANENT TRAIL EASEMENT AT 10100 AND 10340 VIKING DRIVE
G. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND
PERMANENT TRAIL EASEMENT AT 10400 VIKING DRIVE
H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH CEDAR
RIDGE LANDSCAPING, INC. FOR TOWN CENTER PLAZA
LANDSCAPING
I. ADOPT RESOLUTION NO. 2023-76 APPROVING AGREEMENT WITH
THE DEPARTMENT OF NATURAL RESOURCES FOR THE
CITY COUNCIL MINUTES
August 15, 2023
Page 5
REPLACEMENT OF FISHING PIER AT STARING LAKE OUTDOOR
CENTER
J. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR
CONSTRUCTION SERVICES WITH DMJ ASPHALT INC. FOR
REPLACEMENT OF TENNIS AND PICKLEBALL COURTS AT PIONEER
PARK
K. AWARD CONTRACT TO PRAIRIE ELECTRIC FOR INSTALLATION OF
LED LIGHT FIXTURES AT LIQUOR STORES
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR THE PRAIRIE CENTER DRIVE PAVEMENT
REHABILITATION PROJECT
M. AWARD CONTRACT FOR OLD SHADY OAK ROAD AND POINT CHASE
INTERSECTION IMPROVEMENTS TO BKJ
N. APPROVE CHANGE ORDER TO CONSTRUCTION CONTRACT FOR
GROUND STORAGE RESERVOIR AND PUMP STATION
O. APPROVE TRACK LOADER SKID PURCHASE FROM ZIEGLER
P. ADOPT RESOLUTION NO. 2023-77 AND AUTHORIZE ENTRY INTO
MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT
LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE
SERGEANTS 2024 WAGES
Q. APPROVE AGREEMENTS WITH ARVIG, BCMONE, METRO
EGOLDFAX, AND MARCO TECHNOLOGIES TO UPGRADE PHONE
SYSTEM FROM PRIMARY RATE INTERFACE (PRI) SYSTEM TO
SESSION INITIATION PROTOCOL (SIP) TECHNOLOGY
R. APPROVE GTS HOUSING PARTIAL ASSIGNMENTS OF DEVELOPMENT
AGREEMENT AND REAPPORTIONMENT OF SPECIAL ASSESSMENTS
S. ADOPT RESOLUTION NO. 2023-78 OF SUPPORT FOR DEED
APPLICATION BY EDEN PRAIRIE BASED NVE CORPORATION
T. ADOPT RESOLUTION NO. 2023-79 TO EXECUTE SUB-RECIPIENT
GRANT AGREEMENT WITH HOMES WITHIN REACH (MET COUNCIL
LOCAL HOUSING INCENTIVES ACCOUNT GRANT FOR COMMUNITY
LAND TRUST WORK)
U. ADOPT RESOLUTION NO. 2023-80 TO EXECUTE ENHANCED
CONNECTIVITY INITIATIVE GRANT CONTRACT WITH HENNEPIN
COUNTY (BROADBAND GRANT)
CITY COUNCIL MINUTES
August 15, 2023
Page 6
V. DECLARE OBSOLETE COMPUTER EQUIPMENT, PROPERTY, AND
VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL
MOTION: Toomey moved, seconded by Freiberg, to approve Items A-V on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. MENARDS by Menards, Inc. Resolution for Planned Unit Development Concept
Review on 15.72 acres, First Reading of Ordinance for Planned Unit Development
Amendment with waivers on 15.72 acres (Resolution No. 2023-81 for PUD
Concept Review, Ordinance for PUD Amendment with waivers)
Getschow explained the applicant is requesting a Site Plan Review and Planned
Unit Development District Review with waivers for the current Menards store to
construct a gate expansion. Menards was approved through a Planned Unit
Development (PUD) in 2009. Menards is proposing to construct an
approximately 1,899 square foot gate structure with a roof and garage door
entrances in the location of the current guard house. They are also proposing to
add a second entrance lane for online order pick-up access. A staff member will
be present at the gate house to assist customers entering and exiting the back
warehouse and online order pick-up area. The Planning Commission voted 7-0 to
recommend approval of the project.
Nick Brenner, 5101 Menard Drive, introduced himself as a Real Estate
Representative with Menards. He pointed out the purpose of the request is to
improve ease of access to the yard and better protect the equipment. There is a
request for an easement, but they did already obtain an agreement from a
neighboring property for more space to access.
Toomey asked if the sewer rerouting will be covered by Menards. Mr. Brenner
confirmed that was correct.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Narayanan, to close the public hearing,
and to adopt Resolution No. 2023-81 for a PUD Concept Plan Review on 15.72
acres, approve the 1st Reading of an Ordinance for an amendment of a PUD
District with waivers on 15.72 acres, and direct Staff to prepare a Development
Agreement Amendment incorporating Staff recommendations and Council
conditions. Motion carried 5-0.
B. COMPREHENSIVE PLAN AMENDMENT – LAND USE by City of Eden
Prairie Resolution for text and map amendments to the Comprehensive Plan
(Resolution No. 2023-82 for Guide Plan Change)
Getschow explained a routine, periodic review of the land use plan in ASPIRE
CITY COUNCIL MINUTES
August 15, 2023
Page 7
2040 noted parcels where the land use map incorrectly reflected a land use
designation. The action corrects the land use map for 18 parcels that were
inadvertently characterized in error, in the 2040 Comprehensive Plan.
Klima pointed out over half of the corrections involve privately owned and used
land currently guided for parks and open space, being changed to low density
residential. The balance are similar housekeeping changes involving Office and
Flex Service. She showed maps reflecting the proposed changes. Courtesy
notices were sent out to all affected property owners.
Narayanan asked if any of the changes have a tax impact. Klima confirmed there
are no tax implications for the changes.
There were no comments from the audience.
MOTION: Toomey moved, seconded by Narayanan, to close the public hearing,
and to adopt Resolution No. 2023-82 for Guide Plan Change amending the land
use designation for 18 parcels outlined in the Staff report. Motion carried 5-0.
C. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS – PART
OF L3 & L4, B5, RED ROCK HILLS 3RD ADDITION (Resolution No. 2023-
83)
Getschow explained the property owners have requested a lot line adjustment of
Lots 3 and 4, Block 5, Red Rock Hills 3rd 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.
Case asked if the two lots are legally merged into one. Ellis stated the two lots are
adjacent to one another and have the same owner. One lot has the residence while
the other lot is vacant. However, the shed and the driveway overlap onto the vacant
lot. The purpose of the request is to adjust the lot lines to fully encompass the
driveway and shed.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Nelson, to close the public hearing,
and to adopt Resolution No. 2023-83 vacating drainage and utility easements.
Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson 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.”
CITY COUNCIL MINUTES
August 15, 2023
Page 8
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
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 Freiberg, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 8:03 p.m.
Respectfully submitted,
______________________________
Sara Aschenbeck, Administrative Support Specialist