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City Council - 05/21/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 21, 2013 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Council member Butcher Wickstrom was absent. Tyra-Lukens once again extended the Council's sympathy to the Mandy Matula family and asked all Eden Prairie residents to keep their eyes open for anything suspicious and to contact the Police Department if they notice anything unusual. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS AWARD Human Rights and Diversity Commission Vice-Chair PG Naryananan explained the Commission is presenting the Human Rights Award to Hammer Residences. Hammer Residences provides residential services for 36 adults with disabilities at three Eden Prairie locations and provides adults and children with developmental disabilities the opportunity to experience life to its fullest. Accepting the award on behalf of Hammer Residences was John Estrem, CEO and Lisbeth Armstrong, Chief Program Officer. Estrem thanked the Commission and City Council for the award and said they love being a part of the Eden Prairie community. Many of their staff not only work in Eden Prairie but also live in the community. B. RESOLUTION NO. 2013-48 ACCEPTING GRANT FROM CENTERPOINT TOWARD PURCHASE OF LUCAS II AUTOMATIC CHEST COMPRESSION DEVICE Sherry Monson, representing CenterPoint Energy, explained their Community Partnership Grant Program reached $1 million in donations. This program offers the CITY COUNCIL MINUTES May 21, 2013 Page 2 opportunity for CenterPoint to partner with Fire and Police Departments in several communities. Over the past ten years they have supported 560 projects in the communities direct service area. Monson said the City of Eden Prairie is a Community Partnership Grant recipient for$2,500 to be used toward the purchase of the Lucas 11 automated chest compression device. Fire Chief George Esbensen accepted the check on behalf of the City of Eden Prairie's Fire Department. He thanked CenterPoint Energy for the grant money and indicated they have been a great partner of the Fire Department. The grant money will help offset the cost of the fourth Lucas 11 allowing the City to have one in every fire station. Esbensen reported they have had one Lucas 11 for approximately 60 days and since that time they have had five instances of retain of spontaneous circulation (ROSC) allowing them to get the individuals to the hospital. The Lucas 11 does an amazing performance of CPR. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2013-48 accepting grant funding from CenterPoint Energy to help offset the purchase price of a Lucas II Automated Chest Compression device. Motion carried 4-0. C. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT Steve Wischmann, Partner with the audit firm Kern, Dewenter, Viere, Ltd presented an overview of the City's 2012 Comprehensive Annual Financial Report(CAFR) and audit. He explained they are issuing a clean or unqualified opinion on the City's financial statements. The CAFR will be submitted to the Government Finance Officers' Association for a Certificate of Excellence. Since the City has expended over$500,000 in grant awards, they are required to complete a Single Audit. The CAFR recaps that information. Wischmann explained for the Single Audit they also submitted a clean opinion and there are no items to note there as well. He indicated they also reviewed compliance with Minnesota Statutes and internal controls of the City. The City does not have any reporting items to note. He congratulated the City for receiving the highest level of assurance. Wischmann said there are a variety of financial analyses and those items were discussed earlier this evening at the Council's Workshop. Historically, they look at the City's overall financial position. The change in the City's net position was a positive $7.8 million from 2011 to 2012. The major operating fund is the general fund of the City and it has a stable ending fund balance target based on tax collections. The City also has healthy reserves and is in a good financial position. Wischmann thanked the City's Finance personnel. They provided the auditors with a lot of information and they did an outstanding job getting the information ready for them. Mayor Tyra-Lukens explained a presentation of the City's audit was made during the Council's workshop earlier this evening allowing the Council to ask questions at that CITY COUNCIL MINUTES May 21, 2013 Page 3 time. On behalf of the Council, Mayor Tyra-Lukens thanked the Finance Department staff for their excellent work and to Kern, Dewenter, Viere, Ltd for the work they have done in preparing this report. This is the fifth year of the audit with this firm. Mayor Tyra-Lukens also thanked the staff for the excellent budget process. She reported the City is close on budget versus actual spending. MOTION: Case moved, seconded by Aho, to accept the 2012 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case asked that a Report on Fire Relief Association Board be added under Item XIV. A.2 Reports of Council Members. Motion: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 7, 2013 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 7, 2013 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 7, 2013 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 7, 2013 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SETTLEMENT AGREEMENT RELATING TO THE 11003 BELL OAKS CONSERVATION EASEMENT B. APPROVE PURCHASE OF TWO CUSTOM BUILT PARKING RAMP SUPPRESSION VEHICLE SLIDE IN UNITS AND ONE ATV UNIT APPROVE CITY'S FINANCIAL POLICIES FOR 2014/2015 BUDGET Nelson asked that a small amendment be made to the policies. Under Key Results on Page 1, the sixth bullet be amended to read "efficient, innovative and effective service delivery". MOTION: Nelson moved, seconded by Aho, to approve the City's Financial Policies for 2014/2015 Budget as amended. Motion carried 4-0. CITY COUNCIL MINUTES May 21, 2013 Page 4 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR PHASE IV POND INVENTORY AND INSPECTION PROGRAM E. AWARD 2013 SEALCOAT CONTRACT TO ALLIED BLACKTOP COMPANY F. AWARD 2013 OVERLAY CONTRACT TO WM. MUELLER & SONS, INC. G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF SLOPE STABILIZATION PROJECT AT 11157 BLUESTEM LANE H. APPROVE FIRST AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS WITH UNITED HEALTHCARE SERVICES, INC. FOR SHADY OAK ROAD IMPROVEMENTS Case said he would have to recuse himself from this item because it involves his employer. MOTION: Aho moved, seconded by Nelson, to approve the first amendment to agreement regarding special assessments with United HealthCare Services, Inc. for Shady Oak Road Improvements. Motion carried 3-0-1 with Case abstaining. I. APPROVE CONTRACT WITH STATE OF MINNESOTA FOR PURCHASE OF "MICROSOFT OFFICE PROFESSIONAL ONLY" LICENSES J. AWARD CONTRACT FOR WATERCRAFT INSPECTIONS AT FOUR LAKES TO VOLT WORKFORCE SOLUTIONS MOTION: Motion was made by Case, seconded by Nelson, to approve Consent Calendar Items A, B, D-G and I-J. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2013-49 APPROVING ISSUANCE BY THE CITY OF DEEPHAVEN, MINNESOTA, OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2013A AND SERIES 2013B (EAGLE RIDGE ACADEMY PROJECT) City Manager Getschow reported a notice of public hearing for the issuance of lease revenue bonds by the City of Deephaven was advertised for this date. Deephaven plans to issue bonds for the purpose of financing approximately $9,500,000 of project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The project CITY COUNCIL MINUTES May 21, 2013 Page 5 will consist of the acquisition, improvement,betterment or extension of approximately 77,848 square foot charter school facility located at 7255 Flying Cloud Drive. The City of Eden Prairie did not issue the bonds because of planned debt issuance for the year which would affect the City's ability to maintain bank qualified bonds and a lower interest rate. Case said he has no problem with this item but questioned if it is unusual for some other city to issue bonds for a project in another city. Getschow said it is not and believes any government agency in the State can provide financing. MOTION: Motion was made by Aho, seconded by Nelson, to close the public hearing and adopt Resolution No. 2013-49 approving the issuance by the City of Deephaven, Minnesota of its Charter School Lease Revenue Bonds, Series 2013A and Series 2013B (Eagle Ridge Academy Project). Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, 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 1. City Manager Compensation Mayor Tyra Lukens explained at the last City Council meeting the Council received a report on the results of the evaluation of City Manager Getschow in closed session. They discussed the overwhelming positive comments received from staff, Council and community members. Based on discussions from previous meetings, the Council is recommending a compensatory adjustment of 4.5 percent retroactive January 1, 2013. MOTION: Motion was made by Case, seconded by Nelson, to grant a compensatory adjustment to City Manager Getschow's compensation of 4.5 percent retroactive January 1, 2013. Motion carried 4-0. CITY COUNCIL MINUTES May 21, 2013 Page 6 2. Report on Fire Relief Association Board Case presented a brief report on the Fire Pension Relief Board. The Board has positive investment results and the pension fund is quite healthy and thriving. Two years ago the Fire Relief Fund was funded 87.9 percent and this year they are funded 91.2 percent. Case explained the goal really isn't to be funded 100 percent and with the stock market variances it fluctuates. Ninety percent is considered very healthy and they would like to stay in that range. In 2012 the City contributed $625,000 to the fund. Case said it would make sense to have some conversation about looking at going $100,000 more than required. For example, rather than $700,000 this year they look at contributing $800,000 and putting the additional funds in the Enterprise Fund for firefighters. This would help prevent having to have a tax increase to support the Fire Relief Fund. Case said he believes this is something the Council should discuss at a future meeting. Case said the Board is also looking at pursuing more of a lump sum concept. They currently have a lump sum payment but no one is taking it. They are looking at incentives that still benefit the Fund but remove the liability from the City. Some Pension Associations have gone 100 percent to a lump sum. The Board did vote to increase the lump sum to 178 times the monthly service pension to which the members would have been entitled. Tyra Lukens said the Fire Relief pension is important to attract and retain volunteer firefighters for the community. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Resolution No. 2013-50 Accepting Grant Funding from the Eden Prairie Community Fund for Sound Equipment for Concerts and Special Events Parks and Recreation Director Jay Lotthammer reported over the years the Eden Prairie Community Foundation has provided the City with grants to help make programs and events affordable and of a higher quality. The City applied for and received a grant for$4,173 to be used to purchase sound equipment to be primarily used for the Staring Lake Concert Series and the Summer Musical. MOTION: Motion was made by Aho, seconded by Case, to adopt Resolution No. 2013-50 accepting the grant funding from the Eden Prairie Community CITY COUNCIL MINUTES May 21, 2013 Page 7 Foundation to purchase sound equipment for concerts and special events. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Resolution No. 2013-51 Accepting a Grant from Eden Prairie Community Fund Toward Purchase of Lucas II Automatic Chest Compression Device Fire Chief Esbensen explained a grant in the amount of$3,000 from the Eden Prairie Community Fund will be used to offset the purchase of a fourth Lucas 11 insuring that each fire station has one readily available to assist with response to cardiac arrest incidents. The approximate cost for a Lucas H is $18,000 each. Motion: Motion was made by Case, seconded by Aho, to adopt Resolution No. 2013-51 accepting the grant funding from the Eden Prairie Community Foundation to help offset the purchase price of a Lucas H Automated Chest Compression device. Motion carried 4-0. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Motion was made by Case, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:35 p.m.