HomeMy WebLinkAboutCity Council - 12/04/2012 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, DECEMBER 4, 2012 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad
Aho, Sherry Butcher Wickstrom, Ron Case, and
Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay
Lotthammer, Finance Director Sue Kotchevar, City
Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher
Wickstrom was absent.
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON
Hennepin County Commissioner Jan Callison gave a PowerPoint presentation on
the Hennepin County budget and other items. She reviewed the County's revenue
by source and described the growth in need for the service areas. She said the
County's budget will increase by 1.2% in 2013, and the tax levy will increase by
0.9%. She reviewed the progress of the Southwest LRT, commenting they hope to
begin construction in 2016.
Tyra-Lukens thanked Ms Callison. She noted the comment period for the DEIS for
the Southwest LRT has been pushed out to the end of December.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV.A.1.
MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion
carried 4-0.
VI. MINUTES
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A. SPECIAL COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2012
MOTION: Case moved, seconded by Aho, to approve the minutes of the Special
Council meeting held Tuesday, November 13, 2012 as published. Motion carried 2-
0-2, with Nelson and Tyra-Lukens abstaining.
B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 20, 2012
MOTION: Case moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, November 20, 2012 as published. Motion carried 4-0.
C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 20, 2012
MOTION: Nelson moved, seconded by Case, to approve the minutes of the City
Council meeting held Tuesday, November 20, 2012 as published. Motion carried 4-
0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development.
Second Reading of Ordinance No. 36-2012-PUD-14-2012 for Planned Unit
Development District Review with waivers and Zoning District Change from
Community Commercial to RM-2.5 Zoning District on 3.098 and Site Plan Review
on 3.098 acres. Location: Mitchell Road & Cochrane Lane. (Ordinance No. 36-
2012-PUD-14-2012 for PUD District Review with waivers and Zoning District
Change; ResolutionNo. 2012-163 for Site Plan Review)
C. ADOPT RESOLUTION NO. 2012-164 APPROVING FINAL PLAT OF FIVE
MITCHELL CROSSING
D. AWARD CONTRACT FOR STABILIZATION OF A SECTION OF
PURGATORY CREEK TO CARL BOLANDER & SONS
E. APPROVE ADDITIONAL FINAL DESIGN SERVICES BUDGET WITH
SRF CONSULTING GROUP FOR THE NORTHERN SEGMENT OF THE
SHADY OAK ROAD IMPROVEMENTS
F. AWARD CONTRACT FOR 5-YEAR CHLORINE SCRUBBER
MAINTENANCE TO SEIMENS, INC.
G. APPROVE LETTER OF CREDIT AS COLLATERAL FOR THE CITY'S
PAYROLL ACCOUNT
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H. APPROVE PLANS AND AUTHORIZE BIDS FOR REPAIR OF MINNESOTA
RIVER FLOODPLAIN POND SOUTH OF RIVERVIEW ROAD
MOTION: Aho moved, seconded by Case, to approve Items A-H on the Consent
Calendar. Motion carried 4-0.
IX . PUBLIC HEARINGS/MEETINGS
A. 2013 BUDGET
Getschow said the City has a two-year budgeting process. He said on September 4,
2012, the City Council adopted a resolution certifying the proposed 2013 City budget
and property tax levy. There are two things occurring tonight: a public meeting on
the proposed budget and levy; and Council action on next year's budget after the
other public hearings scheduled for this evening.
Kotchevar gave a PowerPoint overview of the 2013 budget. She noted market values
in the City have been declining since 2010 with a 1.8% decrease in 2012; however,
staff expects market values to level out or increase slightly in 2013. There is a 2.5%
increase proposed in the General Fund in order to maintain City services at the
current level. She reviewed General Fund revenue and expenditures and summarized
the debt levies. There will be a 0.9% increase in the City's 2013 property taxes,but a
median value residential property will see a 1.6% decrease in City property tax. She
noted Eden Prairie ranked fourth in the comparison of city taxes for 12 Municipal
Legislative Commission cities in 2012.
Getschow said we have seen an increase in revenues, but we have also adjusted the
budget conservatively. He noted the deficit has been reduced to the $300,000 range,
and we are weaning ourselves off use of reserves or the budget stabilization fund. He
reviewed the savings that will occur because of current and upcoming efficiencies
and innovations.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Aho, to close the public meeting. Motion
carried 4-0.
At 7:35 PM Mayor Tyra-Lukens opened the HRA meeting.
B. RESOLUTION NO. 2012-165 APPROVING AMENDMENT OF THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 12
Rosow noted there are changes on goldenrod paper for both the HRA and the Council
resolutions. The City and the owner are still discussing the exact terms of the Project
Management agreement, and that will be brought back to the Council at the January
meeting. He said we need to have the extension of the tax increment financing plan in
place before the end of the year.
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There were no comments from the audience.
MOTION: Case moved, seconded by Aho, to close the public hearing. Motion
carried 4-0.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2012-165
approving amendment of the Tax Increment Financing Plan for Tax Increment
Financing District No. 12. Motion carried 4-0.
C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR
ADMINISTRATION OF OFFICIAL CONTROLS
D. RESOLUTION NO. 2012-166 UPDATING THE FEE SCHEDULE FOR CITY
SERVICES
Getschow said Item C is first reading of an ordinance updating the fee schedule for
the administration of official controls. Item D is a resolution updating the fee
schedule for all other City fees. While we do not need to hold a public meeting for
any fees, the Council's practice has been to hold a public meeting for any change in
the fees.
Tyra-Lukens noted our tax levy is in the lower portion of MLC cities and asked if our
fees are similarly positioned. Getschow said some of the fees are related to policies in
place to recover our costs. We also look at the market to see how we compare on
fees. Our utility fees have remained in the lower third when compared to other cities.
There were no comments from the audience on either Item C or Item D.
MOTION: Case moved, seconded by Nelson, to close the public hearing and
to approve 1st reading of the ordinance updating the Fee Schedule for
Administration of Official Controls. Motion carried 4-0.
MOTION: Aho moved, seconded by Nelson, to close the public hearing and to
adopt the 2013 Fee Resolution, Resolution No. 2012-166. Motion carried 4-0.
E. RILEY VIEWS by Hunter Emerson, LLC. Request for: Planned Unit Development
Concept Review on 13.4 acres, Planned Unit Development District Review with
waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 on 13.4 acres,
Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way. Location:
9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Resolution No. 2012-167 for
PUD Concept Review; Resolution No. 2012-168 for Preliminary Plat)
Getschow said official notice of this public hearing was published in the November
22, 2012, Eden Prairie News and sent to 59 property owners. This is a 28 lot single
family subdivision with waivers for lot dimension, setbacks, and cul-de-sac length.
The Planning Commission voted 5-0 to recommend approval of the project at the
November 26, 2012, meeting.
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Scott Carlson,representing Hunter Emerson,reviewed the proposal and noted it is
similar to other projects they have done in the City. He said the neighborhood
meeting was well attended. The Schoenecker family had concerns about privacy
along the trail,but they determined that both sides of the trail will stay essentially the
same as it is today. He reviewed the PUD waivers they are requesting. He said the
original plan included a second access point on Pioneer Trail across from Crestwood
Terrace; however such an access would have required sight line and turn lane
improvements on Pioneer Trail that were too significant for the development to
undertake at this time. They will provide sufficient right of way to allow for
construction of the second access when Pioneer Trail is upgraded.
Tyra-Lukens said she is concerned about the need to make known the fact the
stubbed-in road may go through eventually. Mr. Carlson replied there will be a 12-
foot trail coming in at that point,but they could also put in signage as needed to show
a future road location.
There were no comments from the audience.
MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt
Resolution No. 2012-167 for Planned Unit Development Concept Review on 13.4
acres; to approve 1 st reading of the ordinance for Planned Unit Development
District Review with waivers, and Zoning District Change from Rural to R1.9.5 on
13.4 acres; to adopt Resolution No. 2012-168 for Preliminary Plat on 13.4 acres
into 28 lots, 2 outlots and road right of way lots; and to direct staff to prepare a
development agreement incorporating staff and commission recommendations and
Council conditions regarding signage of the future road connection.
Case asked if the future road connection will happen. Ellis said that connection is
not in the approval;however, the developer would have to post surety for the
connection. Case asked if a future Council could change this if there were
neighborhood concerns. Ellis said Hennepin County might have to weigh in. We
want to preserve the potential for a road,but the Council is not approving the road
tonight.
Nelson suggested there should be signs on both ends of the road access so people
could see where the road will go through.
VOTE ON THE MOTION: Motion carried 4-0.
Tyra-Lukens noted it is nice to see developers coming in and investing in the
community for the last year or so. She thought it shows we took the right course.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Case, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Aho, Case, Nelson and Tyra-
Lukens voting "aye."
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XI. ORDINANCES AND RESOLUTIONS
A. APPROVE 2' READING OF ORDINANCE NO. 37-2012 UPDATING THE
FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS
AND ADOPT RESOLUTION NO. 2012-169 APPROVING SUMMARY
PUBLICATION
Getschow noted first reading of this ordinance was approved earlier in tonight's
meeting.
MOTION: Aho moved, seconded by Case, to approve 2nd reading of Ordinance
No. 37-2012 updating the Fee Schedule for Administration of Official Controls and
to adopt Resolution No. 2012-169 approving summary publication. Motion
carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. 2012 Election--Council Member Case
Case said he wanted to commend City Clerk Kathleen Porta, Lorene
McWaters and other staff members for the stellar job running the recent
election. Getschow noted there was an 86% turnout for this year's election.
Tyra-Lukens thanked Council Member Nelson for representing the City at the
ribbon-cutting for the new Hwy 494-169 interchange. She noted she will be working
with Council Member Aho on our City Manager's performance review. They will
bring that back to the Council in February.
B. REPORT OF CITY MANAGER
1. Resolution No. 2012-170 Certifying the 2013 Property Tax Levy,
Adopting the 2013 Budget, and Consenting and Approving the 2013
HRA Tax Levy
Getschow said on September 4, 2012, the Eden Prairie City Council
adopted a resolution certifying the proposed 2013 City budget and property
tax levy. According to state statute, the final levy amount must be certified
to the county auditor by December 28, 2012. City Council adoption of the
final levy and budget will complete this process.
Case noted this is the end of a long process that included many hours of
preparation. He thanked staff for the great job they did.
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MOTION: Case moved, seconded by Nelson, to adopt Resolution No.
2012-170 certifying the 2013 Property Tax levy to be $ 32,549,320, and to
approve the 2013 Budget of$42,785,579 as reviewed by the Council; and
to consent and approve the HRA tax levy and budget of$200,000.
Nelson said staff has worked with the Council for a very long time this year.
She approved of the earlier start because we were able to get lots of input.
VOTE ON THE MOTION: Motion carried 4-0.
2. Resolution No. 2012-171 Approving 2013 To 2022 Capital Improvement
Plan
Getschow noted the 2013-2022 Capital Improvement Plan (CIP) was
another item that we spent a lot of time on this year. We moved from a five-
year to a ten-year plan.
Kotchevar gave a PowerPoint overview of the CIP, noting there are
approximately $254,000,000 in planned projects. She reviewed the projects
by department and gave a funding summary.
Getschow noted the actual CIP document is very large and will be available
on the City website soon. It shows details of the projects,how each fund
operates, and the funding source for each.
Tyra-Lukens noted this is a process we have been going through during the
year with several meetings and presentations.
Nelson asked to receive an emailed version of the document.
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-
171 approving the 2013 to 2022 Capital Improvement Plan. Motion carried
4-0.
C. REPORT OF THE 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
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XVI. ADJOURNMENT
MOTION: Case moved, seconded by Nelson, to adjourn the City Council meeting.
Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:08 PM.