City Council - 01/18/2005 - Workshop APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,JANUARY 18, 2005 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip
Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager
Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room H
I. LEGISLATIVE ISSUES
Suppressed Weapons Legislation
Lambert said Eden Prairie would like to use suppressed weapons in the deer management
program, which reduces the deer population through use of a sharpshooter. Lambert said
the program is very successful,but the sound of gunshots is sometimes alarming to
residents. Eden Prairie supported suppressed weapons legislation a couple of years ago,
but the effort was unsuccessful. Senator Hann and Representative Paulsen are both
supporting the bill this year, and six or seven other cities have met with DNR to request
similar legislation. Lambert feels the legislation has a better chance of passing this year,
mainly because public safety organizations no longer oppose it since they are now allowed
to use suppressed weapons.
Polling Place Locations and Regulations
Mr. Mallo said current statutes control polling places only up to 100 feet from the doors of
the polling place. He believes changes should be made to increase the area of control to
500 feet and/or rules should govern private properties, such as churches, the same way
public places are governed on Election Day. City Attorney Rosow said the rules are the
same for public and private properties. City Manager Neal noted that most churches that
serve as polling places do so out of a sense of civic duty, and he would be reluctant to
recommend adding additional burdens. Mayor Tyra-Lukens noted some Muslims will not
vote at a polling place located in a Christian church. Neal said the absentee voting process
in Eden Prairie is fairly open, but that it might be helpful if the legislature revised voting
rules to allow an even greater ability to vote absentee. Neal said he is reluctant to
recommend not using churches as polling places because that would greatly reduce the
number of available polling places, and would likely result in long lines on Election Day.
Neal said he will keep Council informed of any proposed legislation on these issues.
Street Utility Fund
Assistant City Engineer Rod Rue reviewed budget projections for replacement of existing
roadways in Eden Prairie. The analysis indicates there will eventually be a shortfall of
funding. Using special assessments to fund roadway reconstruction is problematic because
it is difficult to prove benefit. Property taxes are the other major source of funding, but
there are levy limits and competing priorities with which to contend. A street utility would
be another source of funding, and staff is asking Council to support legislation allowing a
street utility.
MLC Legislative Agenda
Scott Neal introduced Tom Poul and Bill Schreiber of Messerli & Kramer. Messerli &
Kramer supports the Municipal Legislative Commission, which advocates on behalf of the
member municipalities at the legislature. Poul and Schreiber provided an overview of
topics on the MLC legislative agenda for this legislative session. Poul said the major MLC
priority is support of local control and accountability. Although there currently are no levy
limits in place, there may be legislation this year to control property taxes. MLC's stand is
that levy limits should be put into place only in tandem with a major overhaul of the
property tax system.
Pouls said in his state of the state address today, Governor Pawlenty introduced a "post
card"proposal. This proposal involves sending out post cards each year to each tax payer
asking whether or not he or she supports various local property tax increases. If a certain
(as yet undetermined)percent do not agree with the increase, the levy would be taken to
referendum. Poul said this proposal is reflective of the Governor's desire to limit property
taxes one way or another. Poul noted there is a new tax committee chairperson, as well as
a new house tax subcommittee—both of which add an element of the unknown to the tax
discussion.
Poul said there is a move to shift eminent domain away from City control and into the
courts. This is a result of some citizens' concern over the taking of properties to benefit
private concerns. Poul said more discussion is needed on what constitutes "public
purpose," especially when the taking is by a private entity. He noted that the U.S. Supreme
Court is currently considering this issue, and it may make sense to delay discussion until
the Supreme Court makes a decision. MLC is working with LMC to help maintain local
control over eminent domain issues.
MLC will be requesting a study of the fiscal disparities program. Poul said most cities are
supportive of the idea of a study, even St. Paul, which is one of the largest recipients of the
program.
Poul noted that the market value credit program is scheduled to be reinstated in 2005,
although some doubt this will actually happen. He said the program may be restructured so
that it is administered through the county or some other entity.
Poul said local units of government are continuing to spend more on transportation,but the
state has failed to keep pace with its responsibility. He noted the Governor did not mention
transportation in his state of the state speech. Poul said MLC is supportive of anything that
would get more revenue in the transportation system.
Council Chamber
II. OPEN FORUM
The following speakers addressed Council on the Farmers Market proposal.
Pat MulOueeny
MulQueeny, President of the Eden Prairie Chamber of Commerce, and Bill Ward, Chair
of the Chamber's Government Committee, asked Council to provide more time before
making a decision on the current Farmers Market proposal.
Dale Bachman
Bachman told Council that as a resident and business owner in Eden Prairie,he objects to
the current Farmers Market Proposal in part because he feels for-profit businesses should
not be allowed to operate on City property.
Patti Lloyd and Vickie VanDriessche
Lloyd and VanDriessche, the proponents of the current Farmers Market proposal,
reconfirmed their commitment to the project. They told Council Farmers Markets in
other communities benefit the entire community, including the business sector.
Mary MacMiller
MacMiller, an Eden Prairie resident and marketing professional, said there is a $9 million
market in Eden Prairie for lawn and garden products.
Sever Peterson
Peterson commended Lloyd and VanDriessche for the hard work they have put into their
proposal; however, he said he does not support the proposal for a number of reasons,
including the fact that consumers in Eden Prairie already have many choices available to
them and his concern about use of public property for commercial purposes.
III. OPEN PODIUM
Jeff Strate, Eden Prairie resident, said he agrees with Parks and Recreation Commissioner
Tom Bierman that more time is needed to consider using park land for a Farmers Market.
IV. ADJOURNMENT