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City 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. CITY COUNCIL MINUTES January 22, 2013 Page 2 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 CITY COUNCIL MINUTES January 22, 2013 Page 3 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) CITY COUNCIL MINUTES January 22, 2013 Page 4 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. CITY COUNCIL MINUTES January 22, 2013 Page 5 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.