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City Council - 06/04/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 4, 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, City Attorney Rick 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Tyra-Lukens added Items XIV.A.2. and XIV.A.3. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2013 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, May 21, 2013, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2013 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 21, 2013, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES June 4, 2013 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS C. ADOPT RESOLUTION NO. 2013-52 APPROVING ACQUISITION OF EASEMENTS FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items A-C of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION NO. 2013-53 APPROVING MODIFICATION TO REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 AND ADOPTING AN ADMINISTRATIVE AMENDMENT TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 13 Getschow noted this is a joint public hearing with the Housing and Redevelopment Authority (HRA). There were no comments from the audience. JOINT MOTION WITH HRA: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-53 approving modification to the redevelopment plan for redevelopment project No. 5 and adopting an administrative amendment to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 13. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case 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, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 1 RELATING TO DEFINITIONS OF MISDEMEANOR AND PETTY MISDEMEANOR CITY COUNCIL MINUTES June 4, 2013 Page 3 Getschow said the City's prosecuting attorney recently noted the definitions for Misdemeanor and Petty Misdemeanor in the City Code had not been updated to reflect the current State statutory definition. This ordinance revises the definitions of Misdemeanor and Petty Misdemeanor in the City Code to adopt the State statutory definition including any future amendments to bring the code into compliance with State statute. This revision adopts the State definitions in their entirety including any future amendments as opposed to restating the current statutory language. This removes the need to update the definitions even if the State updates the definitions. Tyra-Lukens asked how the difference in the definitions has affected prosecutions prior to tonight. Rosow said the court imposed fines according to State law. Getschow noted the change would not take effect until after second reading of the ordinance later this month. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the first reading of an ordinance amending City Code Chapter 1 by amending Section 1.02, subdivisions 13 and 14 defining Misdemeanor and Petty Misdemeanor. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. EDEN PRAIRIE REPRESENTATIVES TO LOGIS BOARD OF DIRECTORS Getschow said Eden Prairie is a member of the LOGIS consortium, which is a group of cities in the metropolitan area that have joined together to receive technology services in a variety of areas. LOGIS asks that the Council formally approve the appointments of the representative and alternative representative to the Board anytime there is a staffing change. MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint Finance Manager Sue Kotchevar as the Eden Prairie Representative and IT Manager Kristi Etter as Alternate Representative to the LOGIS Board of Directors. Motion carried 5-0. B. STUDENTS ON COMMISSIONS Getschow said applications for Students on Commissions positions were accepted from mid-April to the end of May. He noted a record number of applications were received this year. MOTION: Aho moved to appoint to the Conservation Commission Alyssa Minder, Sonja McPherson and Olivia Urbanski for the Fall and Spring terms; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Peter Humbert, Amanda Minder and Derrick Te for the Fall and Spring terms; Tyra-Lukens moved to appoint to the Heritage Preservation CITY COUNCIL MINUTES June 4, 2013 Page 4 Commission Greta Colford, Hannah Jeter and Laura Lindberg for the Fall and Spring Terms; Case moved to appoint to the Human Rights and Diversity Commission Chase Carlson, Emily Higgins, Karena Lin and Kristina Busch for the Fall and Spring Terms; and Nelson moved to appoint to the Parks, Recreation, and Natural Resources Commission Gunnar Bowman for the Fall Term, Brian Gilje for the Spring term, and Jennifer Powell, Riley Tillitt and Vy Nguyen for the Fall and Spring terms. All seconded by Butcher Wickstrom. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Cell Phone Tower Equipment--Council Member Case Case said he received a call from a resident representing several neighbors in the Cherokee/Shady Oak area across the street from the Optum/UHG building. The resident was concerned about a cell phone utility ground structure on the public right-of-way that has grown much larger over the ten years it has been in place. He referred to an email string in which City staff member Steve Durham responded to a question about the incidence of similar structures on City property. Mr. Durham said there are only two or three others that are close to this size on City property. Case said the situation raises the question whether the infrastructure should be enclosed in some way. The structure contains a massive amount of wires, and he had the sense it might be a dangerous condition. He understood our current ordinances may give us some power not to allow this sort of structure. Rosow said he reviewed Mr. Getschow's email and took a look at City code as well as federal law. Our City code does allow the City to have design requirements, some of which deal with the situation through the use of color and camouflaging architectural treatments. We have the tools,but he was not sure if there is a current permit pending in respect to anything on the ground now. Case said Mr. Durham indicated it would be helpful to have direction on this matter, so he thought we might have staff look into this and report back to the Council. Nelson said it doesn't seem fair not to hold everyone to the same standards considering all the rules we have for fencing for other businesses. Aho thought it would make sense in terms of protecting both the equipment and the public. Rosow noted the existing uses are grandfathered in under the permits they received. CITY COUNCIL MINUTES June 4, 2013 Page 5 2. Meeting Update--Mayor Tyra-Lukens Tyra-Lukens said we have a regular City Council meeting two weeks from tonight and have a workshop hosted by the School Board one week from tonight at 5:00 PM. 3. Reconstruction of Eden Prairie Road--Mayor Tyra-Lukens Tyra-Lukens noted the Council had a workshop tonight prior to the Council meeting to discuss special assessment policy regarding the reconstruction of Eden Prairie Road. B. REPORT OF CITY MANAGER 1. Update on State Legislature Session Getschow reviewed actions taken this session by the State Legislature and the effects those actions would have in Eden Prairie. Some of those actions included quite a bit of property tax relief and a sales tax exemption for cities and counties. He said the sales tax exemption would net a savings of about $333,000 across all our funds, with about$190,000 in the General Fund. That means we will be able to budget$190,000 less in our General Fund. He said there was talk throughout the session about a major transportation package, but only a small amount was actually funded. The package did include $37,000,000 allocated for the Southwest LRT. 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 Butcher Wickstrom, to adjourn the meeting. Mayor Tyra-Lukens adjourned the meeting at 7:34 PM.