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City Council - 01/08/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 8, 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. All members were present. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS BRAD AHO AND RON CASE City Attorney Ric Rosow administered the oath of office to Council Members Aho and Case. IV. COUNCIL FORUM INVITATION V. PROCLAMATIONS/PRESENTATIONS A. DONATION OF HISTORIC FLYING RED HORSE SIGN (Resolution No. 2013.01) Lotthammer said staff has been working with the Schwartz family, a family that has a long personal and professional history in the City of Eden Prairie. The family approached staff with a proposal to donate the historic Flying Red Horse sign. Staff is suggesting the sign temporarily be put on one end of the Riley Barn with some interpretive signage until a more permanent outdoor home can be found for it. Katie Schwartz said the sign is a very significant piece of Eden Prairie history. She gave a PowerPoint presentation that explained the history of the sign. She noted many people have asked what has happened to it since it was removed from the rooftop of the gas station at Flying Cloud Drive and 78th Street in 2008. Tyra-Lukens thanked Ms Schwartz for her presentation and noted she was thrilled by the donation. Nelson suggested the stories and pictures of the sign be posted on the City website. Case noted the sign was a landmark in the area for many years and served to designate Eden Prairie's "downtown." CITY COUNCIL MINUTES January 8, 2013 Page 2 MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2013-01 accepting the donation of the Historic Flying Red Horse monument sign. Motion carried 5-0. B. SENIOR CENTER DONATION FROM GORDON WILLIAMS (Resolution No. 2013-02) Lotthammer said Mr. Williams' volunteer time is rewarded by his former employer, State Farm Insurance. Mr. Williams has asked that the $500 donation be used towards the annual Senior Center volunteer recognition event in April. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2013-02 accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2013 Senior Center volunteer recognition event. Motion carried 5-0. Tyra-Lukens asked how long Mr. Williams has donated the reward money. Lotthammer said this is the third year. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 4, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, December 4, 2012 as published. Motion carried 4-0-1, with Butcher Wickstrom abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 4, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, December 4, 2012 as published. Motion carried 4-0- 1, with Butcher Wickstrom abstaining. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Second Reading of Ordinance No.1-2013-PUD-1-2013 for CITY COUNCIL MINUTES January 8, 2013 Page 3 Planned Unit Development District Review on 58.29 acres and Zoning District Amendment within the Public Zoning District on 58.29 acres ; Resolution 2013-03 for Site Plan Review on 58.29 acres. Location: 6385Beach Road. (Ordinance No. 1- 2013-PUD-1-2013 for PUD District Review and Zoning District Amendment; Resolution No. 2013-03 for Site Plan Review) C. RILEY VIEWS by Hunter Emerson, LLC. Second Reading of Ordinance No. 2- 2013-PUD-2-2013 for Planned Unit Development District Review with waivers on 13.4 acres and Zoning District Change from Rural to R1-9.5 on 13.4 acres. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Ordinance No. 2-2013-PUD-2-2013 for PUD District Review with waivers and Zoning District Change) D. APPROVE SECOND READING OF ORDINANCE 3-2013 AMENDING CITY CODE CHAPTER 11 RELATING TO CREATION OF AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRICTS AND ADOPT RESOLUTION NO. 2013-04 APPROVING SUMMARY PUBLICATION E. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2013 F. ADOPT RESOLUTION NO. 2013-05 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS G. ADOPT RESOLUTION NO. 2013-06 DESIGNATING DEPOSITORIES H. ADOPT RESOLUTION NO. 2013-07 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS I. ADOPT RESOLUTION NO. 2013-08 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS J. ADOPT RESOLUTION NO. 2013-09 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE K. ADOPT RESOLUTION NO. 2013-10 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL L. ADOPT RESOLUTION NO. 2013-11 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2013 M. ADOPT RESOLUTION NO. 2013-12 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING CITY COUNCIL MINUTES January 8, 2013 Page 4 N. APPROVE GRANT AGREEMENT WITH MDH FOR SOURCE WATER PROTECTION PROGRAM UPDATE O. ADOPT POLICY FOR MANAGEMENT OF NUISANCE DRAINAGE ISSUES ON PRIVATE PROPERTY P. AWARD CONTRACT FOR 2013 LIME RESIDUAL HAULING & DISPOSAL Q. AWARD CONTRACT FOR 2013 WATER TREATMENT CHEMICALS R. APPROVE RELEASE & SETTLEMENT OF CLAIM AGREEMENT FOR WATER TREATMENT PLANT DAMAGES S. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL STUDY & ARC FLASH ASSESSMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-S on the Consent Calendar. Motion carried 5-0. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Case 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." XII. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2013-13 DECLARING THE BUDGET ADVISORY COMMISSION INACTIVE Getschow said we received no applications for the Budget Advisory Commission (BAC) this year. In addition an issue was brought forward regarding the need to change the Commission's charter because recently the BAC has been working on specific projects rather than reviewing the operating budget. Staff is recommending the BAC be declared inactive and those individuals who are interested in issues of local government finance be appointed to serve on future task forces. Tyra-Lukens said there has been some good work that has come out of the BAC,but the sense is that the Council will go about getting input on the budget in other ways such as task forces, town hall meetings and information on the website. Aho thanked all those who have served on the BAC, noting they did some good work and fulfilled a need at the time. He was sad to see the commission become inactive, but he appreciated the hard work the BAC members did. Nelson said the BAC has done a great deal of good for the City over the past two CITY COUNCIL MINUTES January 8, 2013 Page 5 years. She would like to continue having task forces for specific projects because there are many individuals who have backgrounds that are very welcome. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-13 inactivating the Budget Advisory Commission. Motion carried 5-0. B. FIRST AND SECOND READINGS OF ORDINANCE NO. 4-2013 AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION AND ADOPT RESOLUTION NO. 2013-14 APPROVING SUMMARY FOR PUBLICATION Getschow said this item is a proposal to enact licensing regulations for massage therapy businesses in the City of Eden Prairie. He noted several neighboring cities are moving to City licensure of these businesses. The City would conduct an investigation ahead of issuing a license rather than having post-licensing investigations take place. He said most current businesses with cosmetology licenses that operate massage therapies in Eden Prairie would be exempt from applying for and paying for the license. The majority of the businesses are individual therapists, and there would be a relatively modest annual fee for those individuals. We will work with individual therapists that come forward in the future to license them. He noted the Police Department has said there are some massage businesses that have asked for such an ordinance before they move into the City. He said the item includes first and second readings of the ordinance so it will require unanimous approval for both readings to pass tonight. Nelson agreed this could be a good thing for individual therapists to include in their advertising that they are licensed by the City. It would lend more dignity to those who have received the education and training needed for legitimate massage therapy. Case said legitimate massage therapy organizations favor such an ordinance. He asked if this could make us liable that we are certifying the legitimacy of an individual therapist. Rosow said it does not make the City liable and is similar to licensing any contractor who works in the City. It is for the general protection of the public, not individual protection. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve first and second reading of Ordinance No. 4-2013 amending City Code Chapter 5 by adding Section 5.46 relating to therapeutic massage enterprises and therapists regulation and to adopt Resolution No. 2013-14 approving Summary for Publication. Motion carried 5-0. XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION 2013-15 DESIGNATING OFFICIAL CITY NEWSPAPER CITY COUNCIL MINUTES January 8, 2013 Page 6 MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-15 designating the Eden Prairie News as the official City newspaper for the year 2013. Motion carried 5-0. B. RESOLUTION NO. 2013-16 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2013 AND APPOINTING ACTING MAYOR MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2013-16 designating official meeting dates, time and place for the City of Eden Prairie Council in 2013 and appointing Council Member Ron Case Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2013-17 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-17 appointing City Council Members to serve as commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and Council Member Kathy Nelson as Secretary for calendar year 2013. Motion carried 5-0. D. RESOLUTION NO. 2013-18 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-18 designating Robert Ellis as the Director and Council Member Ron Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5- 0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Aho moved, seconded by Butcher Wickstrom, to approve appointment of the Mayor as delegate and Council Members as alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Butcher Wickstrom moved, seconded by Aho, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Tyra-Lukens moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Ron Case to the Southwest Cable Commission. CITY COUNCIL MINUTES January 8, 2013 Page 7 Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Kathy Nelson to the Eden Prairie Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Case, to approve appointment of Council Member Brad Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Nelson, to approve appointment of Council Member Sherry Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Butcher Wickstrom moved, seconded by Nelson, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. APPOINTMENT OF MAYOR TYRA-LUKENS AS CITY COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION MOTION: Case moved, seconded by Aho, to appoint Mayor Tyra-Lukens to Southwest Transit Board as the Eden Prairie City Council representative for a three-year term to end December 31, 2015. Motion carried 5-0. M. RESOLUTION NO. 2013-19 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-19 appointing Council Member Ron Case and Finance Director Sue Kotchevar to the Eden Prairie Fire Relief Association. Motion carried 5-0. N. APPOINTMENT OF CITY ATTORNEY MOTION: Aho moved, seconded by Case, to reappoint Mr. Ric Rosow as Eden Prairie City Attorney beginning January 1, 2013. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 8, 2013 Page 8 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Twins Community Fund Grant Award Lotthammer said staff was notified recently that a grant in the amount of $29,700 was approved from the Twins Community Fund to cover the construction of fencing and covered player's benches for the fields at Franlo and Cummins Grill. Staff worked with the Eden Prairie Baseball Association to request the grant. MOTION: Case moved, seconded by Butcher Wickstrom, to accept grant funding from the Twins Community Fund to construct fenced and covered players benches. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:32 PM.