HomeMy WebLinkAboutCity Council - 01/22/2013 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JANUARY 22, 2013 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 Nelson was
absent.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. DR. MARTIN LUTHER KING,JR., PROCLAMATION
Mayor Tyra-Lukens read a proclamation proclaiming 2013 as a year to celebrate
human rights and diversity and to recognize and celebrate Dr. Martin Luther King,
Jr.'s dream.
Pam Spera, Chair of the Human Rights & Diversity Commission, announced the
start of the Human Rights Award process. The Human Rights Awards have a goal
to recognize Eden Prairie individuals, non-profits, businesses or school-age youths
who have worked to encourage human rights. Nomination forms for the award are
available on the website and will be accepted through March 8, 2013. On March 14
the Human Rights & Diversity Commission will review the nomination forms and
select award winners in each of the four categories. The award will be presented at
the City Council meeting in April or May.
B. QUALITY OF LIFE SURVEY RESULTS
Tyra-Lukens said Council Members heard the results of a Quality of Life survey at
their workshop tonight. The survey is done every other year. It gives us a chance to
see how we are doing as a community and gives some direction for our time and
resources.
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January 22, 2013
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Bill Morris, President of Decision Resources, gave general highlights of the survey
results. He said they randomly selected 400 residents from across the community to
participate in the survey which was conducted after the November election. He said
99% of the participants rated the quality of life in Eden Prairie as either excellent or
good, which places the City well within the top ten metropolitan-area suburbs. The
survey used open-ended questions such as what they liked most about living in the
City and what they liked least. He said 84% of the participants rated the value of
City services as excellent or good, which is one of the highest ratings in the
metropolitan area. He noted Eden Prairie is one of the few cities in which tax
hostility has dropped well below the norm for the metropolitan area. He concluded
Eden Prairie has built a phenomenal reservoir of good will.
Tyra-Lukens asked if the report will be available on the website. Getschow replied
the entire survey with graphics and demographic breakdowns will be posted on the
website.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV.A.1.
MOTION: Case moved, seconded by Aho, to approve the agenda as amended. Motion
carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 8, 2013
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of
the Council workshop held Tuesday, January 8, 2013 as published. Motion carried
4-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 8, 2013
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, January 8, 2013 as published. Motion
carried 4-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2013-20 APPROVING PARTICIPATION IN
HENNEPIN COUNTY HOUSING& REDEVELOPMENT AUTHORITY'S
"OPEN FOR BUSINESS" SMALL BUSINESS TECHNICAL ASSISTANCE
PROGRAM
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January 22, 2013
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C. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL
ASSESSMENTS (SUMMIT PLACE SENIOR CAMPUS)
D. ADOPT RESOLUTION NO. 2013-21 APPROVING JOINT POWERS
AGREEMENT BETWEEN BLOOMINGTON, EDEN PRAIRIE AND
EDINA FOR THE TH 169/I-494 INTERCHANGE IMPROVEMENTS
E. APPROVE PROFESSIONAL SERVICE AGREEMENT FOR SAND
FILTER DESIGN AND CLEANOUT OF A STORMWATER POND
UPSTREAM OF STARING LAKE
F. APPROVE DISPOSAL OF CITY VEHICLES, EQUIPMENT AND OTHER
ITEMS CONSIDERED AS "SURPLUS PROPERTY"
G. APPROVE 2013 PURCHASE OF REPLACEMENT VEHICLES AND
EQUIPMENT
H. ADOPT RESOLUTION NO. 2013-22 ADVISING THE BOARD OF
HENNEPIN COUNTY COMMISSIONERS REGARDING DISPOSAL OF
TAX FORFEITED LAND WITHIN EDEN PRAIRIE
I. AWARD CONTRACT FOR MARSH LAKE TRAIL DESIGN TO HTPO
J. ADOPT RESOLUTION NO. 2013-23 ACCEPTING CONTRIBUTIONS AND
DONATIONS TOTALING OVER$128,800 FROM BUSINESSES AND
INDIVIDUALS DURING 2012
K. APPROVE PURCHASE OF A CUMMINS 60OKW STANDBY GENERATOR
AND ONAN AUTOMATIC TRANSFER SWITCH
L. ADOPT RESOLUTION NO. 2013-24 AMENDING RESOLUTION NO. 2012-
166, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,
PERMITS AND MUNICIPAL SERVICES, BY ADDING FEES RELATED TO
MASSAGE ENTERPRISES AND THERAPISTS
M. AWARD CONTRACT FOR RINK 2 FLOOR AND REFRIGERATION
SYSTEM TO COMMERCIAL REFRIGERATION SYSTEMS, INC.
N. AWARD CONTRACT FOR RINK 2 DASHER BOARDS AND
ENHANCEMENTS TO RINK 1 & 3 DASHER BOARDS TO BECKER
ARENA PRODUCTS, INC.
O. AWARD CONTRACT FOR LOW E CEILINGS IN ALL 3 RINKS TO R & R
SPECIALTIES, INC.
P. AWARD CONTRACT FOR RINK REFRIGERATION WASTE HEAT
RECOVERY ENHANCEMENTS TO NORTHERN AIR CORPORATION
N( AC)
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Regarding Item VIII.G., Tyra-Lukens said she recently attended the U.S.
Conference of Mayors in Washington, D.C. where the Mayor of Indianapolis gave
a presentation about their initiative to move their entire fleet, other than police
vehicles, to non-gasoline powered vehicles by 2015. She hoped we are thinking
about m.p.g. ratings as we replace vehicles and that we have a constant evaluation
of where the technology has gone. She noted Allied Waste recently put in
compressed natural gas vehicles in their fleet. She hoped we are always pushing
towards more alternative fuel vehicles.
MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-P on the
Consent Calendar. Motion carried 4-0.
IX . PUBLIC HEARINGS/MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher
Wickstrom, Case, and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. State Statute Regarding Gun Rights and Control--Council Member Case
Case said he and other Council Members received emails from residents after
the Newton, CT crisis expressing concern about what cities can and can't do
about gun rights and gun control. He asked the City Attorney to review what
cities are and are not permitted to do by State statute.
Rosow there are two components: regulation with respect to zoning of the
location of fire arm dealers; and regulation with respect to the sale,possession
and use of fire arms. The City has the authority to regulate the location of
dealers of fire arms by zoning ordinance as long as it is not unreasonable,
discriminatory or arbitrary. The City does regulate the locations of our
commercial businesses. We do not have a list of business types allowed,but
rather have general categories of commercial uses. Fire arm dealers are
permitted in those commercial districts. A city is not allowed to zone a use
out of the community,but can require setbacks from protected kinds of uses
such as schools.
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Rosow said a city has very limited authority as to the sale,possession and use
of guns. Minnesota State law has pre-empted the cities' authority to regulate
firearms, ammunition or their components. A city can regulate the discharge
of fire arms and can adopt regulations that are identical to State law. He noted
State law bans the sale of machine gun-type fire arms.
Tyra-Lukens asked what would be the reason to adopt regulations that are
identical to State law. Rosow said a council might decide to show support for
that particular law by putting it into the city code.
B. REPORT OF CITY MANAGER
1. 2013 Work Plans
Getschow said for a number of years the departments in the City have
produced work plans. Work plans allow the staff to understand what we are
delivering and why. He gave a PowerPoint presentation of the 2012-2013
Work Plans document. He noted the new work plans are two-year plans with
goals, strategies and performance measures. Many of the goals will stay the
same for five to ten years and some will always be City goals. Some of the
strategies may change every year or two and some may not change at all. The
concept of performance measurement is new to the work plans and may
change from year to year.
Getschow said no action is required by the Council tonight. He said staff
hopes our next two-year budget process can be streamlined so that we can
bring budget recommendations based on achieving the goals and strategies of
the work plan. The performance measurements will provide the City Council
with performance score cards or data on how programs and strategies fared.
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
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Aho, to adjourn the City Council meeting. Motion
carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:39 PM.