HomeMy WebLinkAboutCity Council - 09/03/2013 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 3, 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 Daniel Gregerson, 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. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as
published. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 20, 2013
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the Council workshop held Tuesday, August 20, 2013, as published. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 20, 2013
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of
the City Council meeting held Tuesday, August 20, 2013, as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
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VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE NO. 15-2013 AMENDING
CITY CODE CHAPTER 6, SECTION 6.21 RELATING TO SNOW AND ICE
REMOVAL AND ADOPT RESOLUTION NO. 2013-74 APPROVING
SUMMARY FOR PUBLICATION
C. APPROVE LEASES WITH METROPOLITAN AIRPORTS COMISSION
FOR FLYING CLOUD FIELDS
D. APPROVE PHASE I AND PHASE II CHANGE ORDERS FOR SLOPE
STABILIZATION AND SITE RESTORATION AT 11157 BLUESTEM LANE
E. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF
VERTICAL LADDERS AND GATES IN WATER PLANT BASINS 1 & 2
F. AWARD CONTRACT FOR STABILIZATION AND RESTORATION OF
EROSION IN LOWER RILEY CREEK TO MINNESOTA NATIVE
LANDSCAPES
G. APPROVE NATURAL RESOURCE INCENTIVES FOR CRITICAL
HABITAT GRAND AWARD FROM HENNEPIN COUNTY FOR
INSTALLATION OF IRON-ENHANCED FILTRATION BENCH
H. APPROVE AGREEMENT WITH FRSECURE TO ASSIST WITH PCI
COMPLIANCE FOR CITY CREDIT CARD PROCESSING AND
IMPLEMENTATION OF STANDARDS PROCESSES FOR FUTURE PCI
COMPLIANCE AUDITS
MOTION: Nelson moved, seconded by Case, to approve Items A-H of the Consent
Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. HENNEPIN COUNTY PLAT NO. 2 by Hennepin County. Request for
Preliminary Plat on 1.99 acres into one lot and outlot. Location: 16011 & 16041
Pioneer Trail. (Resolution No. 2013-75 for Preliminary Plat)
Getschow said official notice of this public hearing was published in the August 22,
2013, Eden Prairie News and sent to 45 property owners. Hennepin County first
acquired these parcels to use a portion for right-of-way needs. The County now
wishes to plat the property into a single lot and outlot. The outlot would be retained
by the County for right-of-way, and the single lot would be sold to a private party for
future development. The Planning Commission voted 6-0 to recommend approval of
the project at the August 12, 2013 meeting.
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There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Case, to close the public
hearing and to adopt Resolution No. 2013-75 for Preliminary Plat onl.99 acres into
one lot and an outlot. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom,
Case, Nelson and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution No. 2013-76 Adopting Proposed 2014 Property Tax Levies,
Accepting Proposed Budget for General Operations and Tax-
Supported Obligations for 2014, and Consenting and Approving 2014
HRA Levy
Getschow said this item follows on the discussion at the Council Workshop
this evening and will set the tax levy for 2014. He noted the amount of the
levy can be lowered before the end of the year but cannot be raised. Although
we prepare a two-year budget in Eden Prairie, the budget and levy must be set
each year. The proposal tonight is for a 1.8% total increase in the tax levy,
with a 2.9% increase in the total City budget. The proposed budget includes
investments in public safety, the new point-of-sale program and items for the
Community Center. He said the tax levy is impacted by certain programs such
as the fiscal disparities program, and we will again be required to increase our
contribution to that program. He noted we are one of the few cities in the area
looking at a levy increase of less than 2%. We are required to take action on
the proposed levy and budget by September 15.
Nelson thanked staff for working so hard to keep this at the inflation rate.
MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2013-76 that certifies the proposed 2014 property tax levy
to be $33,020,111; sets December 3, 2013, as the meeting which will
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include discussion of the budget and provide for public comment; accepts
the proposed 2014 budget of$43,497,285; and consents and approves the
HRA tax levy of$200,000. Motion carried 5-0.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Park Boundary Inspection Update/Staff Recommendation
Lotthammer said Council Member Case asked staff to take a look at the
progress being made in the park boundary inspection and come back with a
recommendation on continuing the program. He said he talked to staff about
the program, and the conclusion was the only thing that stays consistent for
staff is the property line. He gave a PowerPoint update of the program that
was started in 2005 when the City Council addressed the need for property
owners to stay within their property boundaries so as not to put staff in a
position of making arbitrary decisions. Prior to 2005 there was no active
program for boundary inspection, and inspections occurred only on a
complaint basis. In 2005 the City hired seasonal boundary inspectors, and in
2006 boundary initiative letters were sent out to 2100 property owners
explaining the boundary inspection program. The boundary markers are now
marked with GPS and provide a good benchmark for people who move into a
neighborhood. He showed examples of some of the infringements staff found
during the inspections.
Lotthammer said staff recommends that we continue to enforce the
boundaries. People who buy lots should understand where lot lines are. He
said staff tries to educate people about the importance of the City protecting
its property. We encourage people to come in to discuss their property if there
is a question about where the boundaries are.
Tyra-Lukens noted that some of the structures that encroach should have
required a permit and asked how that situation could happen. Lotthammer
replied it is not easy for the City to know when a structure is built that should
have required a permit. We sometimes hear about the encroachment from a
neighbor. He noted there are a lot of cases where we would have told them
about the boundaries if they had followed proper procedures.
Nelson said a property owner came to Open Podium at the last meeting with a
comment about outlots. She has heard people say over and over that if the
City would maintain the outlot they would not be tempted to encroach. She
thought we need to keep the outlots maintained to a certain level as it is
reasonable for people to expect the City will take reasonable care of outlots.
She said she talked to Mr. Getschow about looking at a program for
volunteers who would help to keep up the outlots that aren't in park areas so
the neighborhoods will look good. Lotthammer said staff is looking at four or
five areas where we are actively mowing but will convert over to native
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grasses; however, that is not something we can do to all the outlots. In many
cases the response may be to do more of a spray treatment and that requires
trained and certified staff to do the work. A lot of the areas are in a natural
state. Staff has been trying to deal with them,but the areas need to have on-
going work. He said there are events now where people can get involved, but
we could probably improve the marketing of those events.
Case said he thought the issues Council Member Nelson brought up were
significant and relevant. He thought the core issue is if we are on track to
protect our borders. He thought we are making progress, and it would be a
mistake to stop now. It is good to revisit the issue and it is important to tell
people what we are doing.
Tyra-Lukens was comfortable continuing with the direction we are going.
One of the things she likes about the program is that it doesn't pit neighbor
against neighbor because it is hard to turn in your neighbor.
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 Butcher Wickstrom, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:37 PM.