City Council - 12/05/2023 - Workshop
APPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, DECEMBER 05, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and
Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30)
I. STATE LEGISLATIVE DELEGATION DISCUSSION WITH SENATOR
CWODZINSKI, REPRESENTATIVE KOTYZA-WITTHUHN, AND
REPRESENTATIVE PRYOR
Case welcomed State legislative delegators Senator Cwodzinski and Representative Kotyza-
Witthuhn. Representative Pryor joined midway through the discussion. Getschow stated the City
Council and State legislative delegators meet annually prior to the legislative session. Tonight’s
meeting is to discuss current legislative issues affecting the City. Specific issues include local
autonomy and community characteristics, infrastructure and transportation investments, property tax
relief and tax policy, and public safety.
Local Autonomy and Community Characteristics
Getschow stated bills brought forward in the legislature have proposed mandates for certain types of
upzoning including requiring duplexes and triplexes, disallowing cities to administer Planned Unit
Developments (PUDs), and disallowing property dedication fee collection. Nelson noted the City has
approved an affordable housing policy and would not like to lose its authority. Getschow added if a
developer is requesting a PUD, the City negotiates more affordable units.
Infrastructure and Transportation Investments
Getschow explained the City is seeking State funding for an interchange at the intersection of
Minnesota State Highway 5 and Eden Prairie Road. Senator Cwodzinski noted the traffic lights are
easy to misjudge and can be dangerous especially with a pedestrian crossing. Rep. Kotyza-Witthuhn
noted she introduced a bill including MnDOT funding for this interchange. Ellis stated MnDOT is
working on its 2050 transportation policy plan, which identifies this intersection as a top priority to
convert to an interchange. Rep. Kotyza-Witthuhn stated eastern Carver County population has
grown, and more people are commuting back into Hennepin County than ever.
City Council Workshop Minutes
December 5, 2023
Page 2
Property Tax Relief and Tax Policy
Getschow stated the City does not receive Local Government Aid (LGA) and is one of the largest
contributors to Fiscal Disparities. If there is a major review of the LGA formula, legislators should
consider Cities that currently do not receive any LGA. The City also supports property tax relief
provided directly to homeowners, and the simplification of the process for a city to apply for sales
tax exemption. Representative Kotyza-Witthuhn noted the City has a low tax rate compared to
surrounding cities. Getschow added Hennepin County property owners pay higher county taxes than
Carver County property owners, but the City and the School District both have competitive tax rates.
Public Safety
Getschow stated the recent change in State statute regarding Student Resource Officer (SRO)
authority has caused some cities to remove SROs from schools. The City has not had to remove
SROs from schools but is looking for clarification in the State language. Additionally, the City
would like to have a say in which licensed ambulance service provider serves the City. Hennepin
Emergency Medical Services (EMS) has provided inadequate ambulance response times over the
past year.
Senator Cwodzinski noted the spirit of the recent SRO law is prone restraint holds can’t be used on
children in school, however the letter of the law is not clear. Cwodzinski has met with the
Commissioner of Education and the Commissioner of Public Safety on drafting legislation to clarify
the SRO statute.
Rep. Pryor stated recent SRO legislation was meant only to emphasize that certain restraints are only
to be used in accordance with the POST board’s highest standards. Improper restraint and hold usage
are a public safety and education concern. This legislation intended to ensure student rights are
protected. When the statute is examined in a larger context with all statutes covering peace officer
force, it became unclear. County attorneys are interpreting the Attorney General’s opinion
differently. Rep. Pryor stated her commitment to introduce a bill providing more clarity. There have
been several meetings with lawyers, public safety representatives, and education representatives to
draft legislation, though progress has been slow.
Rep. Kotyza-Witthuhn expressed gratitude to Chief Sackett and the Eden Police Department and
noted she had not been contacted regarding SROs until the County Attorney addressed the topic.
This is a testament to things running smoothly in the City. Rep. Pryor agreed the City has
demonstrated good use of officers and strong relationships in the school district. Sackett noted the
SRO legislation is confusing as it mentions “imminent threat of bodily harm”, which is difficult to
discern. Rep. Pryor stated the use of “imminent” may be removed from legislation.
Rep. Kotyza-Witthuhn asked for an update on automobile theft and car jacking in the City. Sackett
stated there was one occurrence of carjacking in 2021. Auto thefts have decreased this year. Police
has seen many stolen vehicles come into the City. Senator Cwodzinski asked for an update on
City Council Workshop Minutes
December 5, 2023
Page 3
catalytic converter theft in the City. Sackett stated recent legislation has greatly decreased catalytic
converter theft.
Getschow stated juvenile crime has been a growing discussion throughout the County. Case added
there is not enough proactive funding for after school resources for students at risk. There are also
not enough alternatives to jail for juveniles. Funding alternatives to jail before and after the offense
would help rehabilitate juveniles. Senator Cwodzinski stated investing money in juveniles at a young
age saves money in the long term. Rep. Pryor noted her support for early childhood investments
including childcare. Rep. Kotyza-Witthuhn stated the importance of collectively ensuring people are
supported at every stage of life. Case stated juveniles who commit their first criminal act are often
jailed and released to an unsupportive home life. There are currently no alternatives to jail, which
often only solves the problem in the short term. Rep. Pryor noted there is a new Department of
Children, Youth and Families looking at ways to reach families most at risk to deliver needed
services.
Case noted when an offender commits a crime and is arrested, the State could be proactive and offer
a program to provide job training, addiction training, and other social services. He encouraged the
legislators to propose a bill creating such a program. Doing nothing or sending the offender to jail
are not long term solutions. Narayanan added children begin displaying behavior issues at a young
age so it’s important to invest early on. Toomey asked for more information on the City’s diversion
program. Sackett stated the City has an internal juvenile diversion program for misdemeanor level
crimes. Eden Prairie Police works with the County Attorney to refer juveniles at a very high referral
rate. The County works with juvenile offenders to provide pre-trial services to the family on a
voluntary basis.
Case stated a bill proposed in the legislature could define types of perpetrators and offenses and
assign alternative outcomes to each level of offense. A lower level or first time offender may be
assigned to a diversion program as an alternative to jail. There would be a high level of suburban
support if a program such as this could be provided at a reasonable cost. Senator Cwodzinski noted
the Education Committee allocated a large amount of funds toward youth mental health and
wellness; however he was frustrated to hear the majority of funds were supporting administrative
level employees who don’t meet face to face with children. The funds should have supported social
workers, therapists, and school counselors. The State is 45th in the nation in the ratio of students to
counselors.
Case stated public safety is a paramount concern, and social media can create fear. Investing in
preventative measures is important, but the legislature must also propose a bill to address juvenile
crime after it’s been committed to promote the feeling of safety. Rep. Kotyza-Witthuhn stated
carjacking was not previously categorized as a crime, it was designated in the previous legislative
session. Case noted the County Attorney will not take juveniles who have committed car theft. The
legislature must step in with a plan to change these juveniles’ lives. Juvenile offenders are not being
jailed but there are no programs or support services available, leading to recommitted offenses.
City Council Workshop Minutes
December 5, 2023
Page 4
Rep. Kotyza-Witthuhn asked for information on the juvenile diversion program at the County level.
Sackett stated the Eden Prairie Police Department will refer juvenile offenders to the County, who
eventually contacts the City social worker if the juvenile is a City resident. Juveniles who
continually commit auto thefts eventually turn to larger criminal offenses. A request to strengthen
penalties for fleeing is on the chief’s legislative agenda.
Rep. Kotyza-Witthuhn asked for more information on how ambulance calls within the City work
logistically. Gerber noted primary service areas were developed in the 1970s and haven’t changed
since then. Primary service areas are the only component the City has no input in. Hennepin EMS is
the City’s ambulance provider. There have been issues with response times. There are on average
335 medical calls per month within the City. An ambulance called to the City may be coming from a
far distance such as Minneapolis or Richfield. The City would like to be involved in conversations to
choose an ambulance provider. Nelson stated the City Police and Fire team are skilled and trusted in
the Community and can be used as a resource when drafting legislation.
Other Matters
Narayanan noted the City has a Sustainable Eden Prairie plan with a goal of carbon neutrality by
2050. The City needs assistance from legislatures to realize its goal. Rep. Pryor stated going carbon
neutral is not free, but not going carbon neutral is costly. Having home-based Electric Vehicle (EV)
chargers is helpful in private homes and new construction, or at the very least have electric power in
the garage. Rep. Kotyza-Witthuhn noted lack of EV chargers in multi-unit housing has been an
issue. Rep. Pryor noted State building codes are due for revision for energy efficiency and less
dependence on carbon based fuels. It is an important discussion to start, however it will add to the
cost of building and purchasing homes. Getschow stated the City’s Sustainable Building Policy
could not be implemented as an ordinance due to State building codes.
Narayanan stated the Met Council administers Metro Transit and is also the overall policy maker for
other suburban transit companies, determining which transportation companies receive funding.
There is contention due to the dual role. It is important to ensure all transportation companies are
receiving adequate funding as public transportation is an important community resource.
Case expressed his gratitude to Rep. Pryor, Rep. Kotyza-Witthuhn, and Senator Cwodzinski for
representing the City. Rep. Pryor, Rep. Kotyza-Witthuhn, and Senator Cwodzinski thanked the
group for their time, conversation, and expertise. Discussion followed regarding scheduling a town
hall session for the State legislatures at City property in January.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT