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City Council - 01/06/2015 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 6, 2015 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 Ric Rosow, and Council Recorder Jan Curielli I. 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. SWEARING IN OF MAYOR TYRA-LUKENS AND COUNCIL MEMBERS NELSON AND BUTCHER WICKSTROM City Attorney Rosow swore in Mayor Tyra-Lukens, Council Member Nelson and Council Member Butcher Wickstrom. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS/PRESENTATIONS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XV.A.1. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 2, 2014 CITY COUNCIL MINUTES January 6, 2015 Page 2 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, December 2, 2014, as published. Motion carried 4-0-1, with Aho abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 2014 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, December 2, 2014, as published. Motion carried 4- 0-1, with Aho abstaining. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2015-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION NO. 2015-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION NO. 2015-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. ADOPT RESOLUTION NO. 2015-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION 2 NO. 015-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION NO. 2015-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION NO. 2015-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2015 I. APPROVE FIRST AMENDMENT TO LEASE WITH SCHOOL DISTRICT J. ADOPT RESOLUTION NO. 2015-08 SUPPORTING ELLIOTT AVIATION'S APPLICATION FOR THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S JOB CREATION FUND CITY COUNCIL MINUTES January 6, 2015 Page 3 K. ADOPT RESOLUTION NO. 2015-09 APPROVING SETTLEMENT AGREEMENT REGARDING SPECIAL ASSESSMENT AGAINST 11157 BLUESTEM LANE L. ADOPT RESOLUTION NO. 2015-10 SUPPORTING THE SAFE ROUTES TO SCHOOL GRANT APPLICATION FOR INSTALLATION OF RAILROAD UNDERPASS CONNECTING DUCK LAKE ROAD TO THE EDEN PRAIRIE HIGH SCHOOL M. ADOPT RESOLUTION NO. 2015-11 REAUTHORIZING MEMBERSHIP IN THE 4M FUND MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-M of the Consent Calendar. Motion carried 5-0. X. PUBLIC HEARINGS/MEETINGS A. CABLE FRANCHISE TRANSFER(RESOLUTION NO. 2015-12) Getschow said the City of Eden Prairie is a member of the Southwest Suburban Cable Commission along with the cities of Edina, Hopkins, Minnetonka and Richfield. In August 2012 each member city renewed a cable television franchise with Comcast to provide cable service within its city limits. Comcast has proposed to transfer authority of the franchise and cable system to Midwest Cable, Inc. The Commission retained the services of Moss & Barnett as legal counsel for review of this proposed transfer. Brian Grogan,representing Moss & Barnett and the Southwest Suburban Cable Commission, reviewed the background of the proposed transfer. In February 2014 Comcast acquired all the assets of Time-Warner Cable resulting in Comcast controlling a 34-million subscriber system. A system that large raises serious antitrust concerns; consequently, Comcast voluntarily agreed to divest itself of 4 million subscribers. As part of the divestiture, the Twin Cities market, including Eden Prairie subscribers, will be operated by a new cable operator known as Midwest Cable. Following the completion of the overall transaction, the name of Midwest Cable will be changed to GreatLand Connections, Inc. Charter Communications currently operates most of the major markets in Minnesota outside the metropolitan area and will provide significant operational support to Midwest/Greatland. Mr. Grogan reviewed the anticipated effect of the proposed transfer on cable subscribers in Eden Prairie. He noted subscribers will be able to keep telephone numbers they now have with Comcast but will be transitioned off the comcast.net email domain. Subscribers will be able to keep their existing cable equipment for the foreseeable future,but further transition of that equipment may occur at some point. The billing will transition to Midwest/Greatland. He reviewed the details of CITY COUNCIL MINUTES January 6, 2015 Page 4 the resolution that includes conditions regarding customer service and other points. He noted the Southwest Suburban Cable Commission voted unanimously to approve the proposed transfer, subject to the conditions contained within the resolution. Tyra-Lukens said the ultimate questions for our residents would be the kind of service they will provide and the impact on subscription costs. Mr. Grogan said by federal law we cannot impose rate restrictions so they will be governed by market forces. He noted Eden Prairie has been approached by CenturyLink regarding their interest in obtaining the cable franchise. Tyra-Lukens asked if they will offer the same high speed internet access as Comcast provides. Mr. Grogan replied there should be no change in services provided because they will be taking over all the assets. Nelson asked how we will be assured of getting the same service as Charter customers. Mr. Grogan replied Charter owns 1/3 of Midwest Cable; therefore, they will have a vested interest not to lose subscribers. Midwest Cable has a service agreement with Charter but could move on to a different third party vendor if Charter fails to perform. Charter has an interest in retaining customer loyalty. Nelson asked what happens if the new company goes out of business. Mr. Grogan replied they could be able to sell the system if they were unable to run the business. The metropolitan area will be one of the top markets for Midwest/Greatland so it would be a high priority for them. We also have certain enforcement tools within the franchise. Case said, as a commissioner serving on the Southwest Suburban Cable Commission,he was somewhat nervous hearing about this,but the proposal was vetted by the Commission. He noted we don't have a lot of options;however,it is unlikely this rich market would be allowed to go away or collapse. He asked what would happen if Eden Prairie were to say "No" to this tonight. Mr. Grogan explained that Eden Prairie has independent authority to make this decision, and the Southwest Suburban Cable Commission is purely an advisory body. He said the transaction would close almost immediately after approval, assuming the federal government ultimately gives approval. At that point Comcast will no longer have employees in the market place because they will be shifted over to Midwest/Greatland. Any city not approving the proposal probably would be carved out and would likely contract with Greatland and Charter to operate the system until the issue is resolved. It would not stop the deal but would create additional confusion. He noted they decided the best way to deal with some of the concerns was to include certain conditions in the resolution. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-12 approving the transfer of the cable franchise and change of control of the grantee. Motion carried 5-0. CITY COUNCIL MINUTES January 6, 2015 Page 5 XI. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, 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 XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2015-13 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-13 designating the Eden Prairie News as the official City newspaper for the year 2015. Motion carried 5-0. B. RESOLUTION NO. 2015-14 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2015 AND APPOINTING ACTING MAYOR MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-14 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2015, as amended at tonight's Council Workshop, and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2015-15 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-15 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 Nelson as Secretary for calendar year 2015. Motion carried 5-0. D. RESOLUTION NO. 2015-16 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2015 MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-16 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. CITY COUNCIL MINUTES January 6, 2015 Page 6 E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Nelson, 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: Nelson 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: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Nelson to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Case to the Eden Prairie Community Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Butcher Wickstrom moved, seconded by Case, to approve appointment of Council Member 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 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. RESOLUTION NO. 2015-17 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES CITY COUNCIL MINUTES January 6, 2015 Page 7 MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-17 appointing Sue Kotchevar and Council Member Case to the Eden Prairie Fire Relief Association. Motion carried 5-0. M. SOUTHWEST TRANSIT BOARD CITIZEN REPRESENTATIVE MOTION: Nelson moved, seconded by Butcher Wickstrom, to appoint Council Member Aho to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2016. Motion carried 5-0. N. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE AND BUSINESS ADVISORY COMMITTEE MOTION: Aho moved, seconded by Nelson, to appoint Sana Elassar, Andrew Pieper, Jeff Strate and Charles Weber as Eden Prairie representatives to the Southwest LRT Community Advisory Committee and Mark Gustafson and Rick Weiblen as Eden Prairie Representatives to the Business Advisory Committee. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Eden Prairie Fire Relief Association--Council Member Case Case said firefighters receive defined benefits based on length of service. The Association Board has been talking a lot in the last year about offering a lump sum alternative which would remove some of the risk liability to the pension fund. He said they would like to have the option to raise the cap on the lump sum alternative. The Association Board would like to have the Council come up with a resolution of support to our legislators to carry such a bill. He suggested staff have discussions about the subject and then come back at the second meeting in January with a draft resolution of support for the legislature to raise the cap. He noted Fire Chief Esbensen has been supportive of the idea. B. REPORT OF CITY MANAGER 1. Award Contract for Financial Advisory Services to Ehlers Getschow said the City recently sent out RFPs to four different advisory firms around the area to provide services as it relates to debt issuance, economic and housing development and redevelopment, and annual tax increment financing reporting. This is the first time the City has completed CITY COUNCIL MINUTES January 6, 2015 Page 8 an RFP process for these services. Each of the four firms was interviewed by a staff committee. While all the firms are qualified to provide services to the City, the staff committee agreed that Ehlers is the best match for the City of Eden Prairie. He introduced Mark Ruff, who would become Eden Prairie's financial advisor. Mark Ruff, Senior Financial Advisor, said Ehlers can help the City as a local government to fulfill its financial goals. He noted Ehlers works only with public clients and is a very stable firm. MOTION: Aho moved, seconded by Butcher Wickstrom, to award the contract for financial advisory services to Ehlers. Motion carried 5-0. 2. Board and Commission Recruitment Process Getschow said this is a request to approve the timeline and set a date for interviews of the candidates for the boards and commissions. He noted citizen engagement on the City's boards and commissions is a huge part of Eden Prairie. The schedule for this year's process includes accepting applications, candidate interviews, appointments by the Council and orientation to the boards and commissions. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the timeline for recruitment of Board and Commission candidates and set February 24 as the date for commission interviews. Motion carried 5-0. Nelson asked if we send out notices of these opportunities to all those who get emails from the City. Getschow said we have a list of 12,000 residents who want information from the City, and this will be a part of the information we send out. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT CITY COUNCIL MINUTES January 6, 2015 Page 9 MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:58 PM.