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City Council - 09/03/2013 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 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 Daniel Gregerson, 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 Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 20, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, August 20, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 20, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 20, 2013, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES September 3, 2013 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2013 AMENDING CITY CODE CHAPTER 6, SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL AND ADOPT RESOLUTION NO. 2013-74 APPROVING SUMMARY FOR PUBLICATION C. APPROVE LEASES WITH METROPOLITAN AIRPORTS COMISSION FOR FLYING CLOUD FIELDS D. APPROVE PHASE I AND PHASE II CHANGE ORDERS FOR SLOPE STABILIZATION AND SITE RESTORATION AT 11157 BLUESTEM LANE E. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF VERTICAL LADDERS AND GATES IN WATER PLANT BASINS 1 & 2 F. AWARD CONTRACT FOR STABILIZATION AND RESTORATION OF EROSION IN LOWER RILEY CREEK TO MINNESOTA NATIVE LANDSCAPES G. APPROVE NATURAL RESOURCE INCENTIVES FOR CRITICAL HABITAT GRAND AWARD FROM HENNEPIN COUNTY FOR INSTALLATION OF IRON-ENHANCED FILTRATION BENCH H. APPROVE AGREEMENT WITH FRSECURE TO ASSIST WITH PCI COMPLIANCE FOR CITY CREDIT CARD PROCESSING AND IMPLEMENTATION OF STANDARDS PROCESSES FOR FUTURE PCI COMPLIANCE AUDITS MOTION: Nelson moved, seconded by Case, to approve Items A-H of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. HENNEPIN COUNTY PLAT NO. 2 by Hennepin County. Request for Preliminary Plat on 1.99 acres into one lot and outlot. Location: 16011 & 16041 Pioneer Trail. (Resolution No. 2013-75 for Preliminary Plat) Getschow said official notice of this public hearing was published in the August 22, 2013, Eden Prairie News and sent to 45 property owners. Hennepin County first acquired these parcels to use a portion for right-of-way needs. The County now wishes to plat the property into a single lot and outlot. The outlot would be retained by the County for right-of-way, and the single lot would be sold to a private party for future development. The Planning Commission voted 6-0 to recommend approval of the project at the August 12, 2013 meeting. CITY COUNCIL MINUTES September 3, 2013 Page 3 There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2013-75 for Preliminary Plat onl.99 acres into one lot and an outlot. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2013-76 Adopting Proposed 2014 Property Tax Levies, Accepting Proposed Budget for General Operations and Tax- Supported Obligations for 2014, and Consenting and Approving 2014 HRA Levy Getschow said this item follows on the discussion at the Council Workshop this evening and will set the tax levy for 2014. He noted the amount of the levy can be lowered before the end of the year but cannot be raised. Although we prepare a two-year budget in Eden Prairie, the budget and levy must be set each year. The proposal tonight is for a 1.8% total increase in the tax levy, with a 2.9% increase in the total City budget. The proposed budget includes investments in public safety, the new point-of-sale program and items for the Community Center. He said the tax levy is impacted by certain programs such as the fiscal disparities program, and we will again be required to increase our contribution to that program. He noted we are one of the few cities in the area looking at a levy increase of less than 2%. We are required to take action on the proposed levy and budget by September 15. Nelson thanked staff for working so hard to keep this at the inflation rate. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-76 that certifies the proposed 2014 property tax levy to be $33,020,111; sets December 3, 2013, as the meeting which will CITY COUNCIL MINUTES September 3, 2013 Page 4 include discussion of the budget and provide for public comment; accepts the proposed 2014 budget of$43,497,285; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Park Boundary Inspection Update/Staff Recommendation Lotthammer said Council Member Case asked staff to take a look at the progress being made in the park boundary inspection and come back with a recommendation on continuing the program. He said he talked to staff about the program, and the conclusion was the only thing that stays consistent for staff is the property line. He gave a PowerPoint update of the program that was started in 2005 when the City Council addressed the need for property owners to stay within their property boundaries so as not to put staff in a position of making arbitrary decisions. Prior to 2005 there was no active program for boundary inspection, and inspections occurred only on a complaint basis. In 2005 the City hired seasonal boundary inspectors, and in 2006 boundary initiative letters were sent out to 2100 property owners explaining the boundary inspection program. The boundary markers are now marked with GPS and provide a good benchmark for people who move into a neighborhood. He showed examples of some of the infringements staff found during the inspections. Lotthammer said staff recommends that we continue to enforce the boundaries. People who buy lots should understand where lot lines are. He said staff tries to educate people about the importance of the City protecting its property. We encourage people to come in to discuss their property if there is a question about where the boundaries are. Tyra-Lukens noted that some of the structures that encroach should have required a permit and asked how that situation could happen. Lotthammer replied it is not easy for the City to know when a structure is built that should have required a permit. We sometimes hear about the encroachment from a neighbor. He noted there are a lot of cases where we would have told them about the boundaries if they had followed proper procedures. Nelson said a property owner came to Open Podium at the last meeting with a comment about outlots. She has heard people say over and over that if the City would maintain the outlot they would not be tempted to encroach. She thought we need to keep the outlots maintained to a certain level as it is reasonable for people to expect the City will take reasonable care of outlots. She said she talked to Mr. Getschow about looking at a program for volunteers who would help to keep up the outlots that aren't in park areas so the neighborhoods will look good. Lotthammer said staff is looking at four or five areas where we are actively mowing but will convert over to native CITY COUNCIL MINUTES September 3, 2013 Page 5 grasses; however, that is not something we can do to all the outlots. In many cases the response may be to do more of a spray treatment and that requires trained and certified staff to do the work. A lot of the areas are in a natural state. Staff has been trying to deal with them,but the areas need to have on- going work. He said there are events now where people can get involved, but we could probably improve the marketing of those events. Case said he thought the issues Council Member Nelson brought up were significant and relevant. He thought the core issue is if we are on track to protect our borders. He thought we are making progress, and it would be a mistake to stop now. It is good to revisit the issue and it is important to tell people what we are doing. Tyra-Lukens was comfortable continuing with the direction we are going. One of the things she likes about the program is that it doesn't pit neighbor against neighbor because it is hard to turn in your neighbor. 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. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:37 PM.