HomeMy WebLinkAboutCity Council - 01/06/2004 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,JANUARY 6, 2004 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councihnembers Sherry Butcher,Ron Case, Jan
Mosman, and Philip Young
CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Theresa Brundage
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:01 p.m. All members were present.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Tyra-Lukens notified the audience that the City Council provides an Open Forum
opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie
city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the
Council Chambers immediately prior to the start of the City Council's regularly scheduled
meetings. Open Forum is reserved for scheduled participants. She asked those who wish to
speak to the Council during Open Forum to please contact Ms. Lorene McWaters in the City
Manager's office by calling 952-949-8412 by noon of the meeting date with their name and
the subject matter they wish to address.
Tyra-Lukens said the Council also provides an impromptu,unscheduled Open Podium
opportunity for citizens to address the Council concerning issues related to Eden Prairie city
government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open
Forum and Open Podium are not recorded or televised and the City Council reserves the right
to adjust the time allocations for Open Forum and Open Podium. She said if you have
questions about the process or procedures of Open Forum or Open Podium,please contact
the City Manager's office.
Tyra-Lukens announced that applications are now being accepted for board and commission.
member positions with the City of Eden Prairie. She said applications will be due February 6,
2004, and there will be a candidate open house at Eden Prairie Center from 6:30 to 8:30 p.m.
on Tuesday, January 27, 2004. She said candidate interview night will be Tuesday,February
24, from 6:30 to 9 p.m., and candidates will be appointed at the March 2,2004 meeting,with
terms to begin in April,2004. Tyra-Lukens said those interested in applying for the positions
should call Michael Barone at 952-949-8433 or Tanya Whitsitt at 952-949-8411.
CITY COUNCIL MEETING
January 6,2004
Page 2
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Mosman added, under Reports of Councilmembers, an item regarding an informational paper
from Lake Elmo and an item regarding a summary on transportation congestion.
Neal added an item under Report of Parks and Recreation Director regarding the Jean Harris
Memorial Bridge project.
MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 16, 2003
MOTION: Case moved, seconded by Young, to approve as published, the Minutes
of the City Council Workshop held Tuesday, December 16, 2003. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 16, 2003
MOTION: Mosman moved, seconded by Case,to approve as published, the
Minutes of the City Council Meeting held Tuesday, December 16, 2003. Motion
carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION NO. 2004-01 AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
C. RESOLUTION NO. 2004-02 DESIGNATING DEPOSITORIES
D. RESOLUTION NO. 2004-03 AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
E. RESOLUTION NO. 2004-05 AUTHORIZING TREASURER OR DEPUTY
TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
F. RESOLUTION 2004-06 AUTHORIZING TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF
EDEN PRAIRIE
G. RESOLUTION NO. 2004-07 AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL
APPROVAL
CITY COUNCIL MEETING
January 6,2004
Page 3
H. RESOLUTION NO.2004-07 APPOINTING COMMISSIONERS TO THE
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
I. RESOLUTION NO. 2004-08 ESTABLISHING MEETING DATES AND
TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2003
J. RESOLUTION NO. 2004-09 DESIGNATING OFFICIAL CITY NEWSPAPER
K. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
FOR CSAH 4/VALLEY VIEW ROAD INTERSECTION IMPROVEMENT,
I.C. 96-5405
L. APPROVE CHANGE ORDER NO. 2 FOR HILLCREST/ALPINE
RECONSTRUCTION PROJECT, I.C. 98-5471
M. ADOPT RESOLUTION NO. 2004-10 APPROVING MUTUAL AID
AGREEMENT WITH HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION
N. ADOPT RESOLUTION NO. 2004-11 APPROVING STADIUM PROPOSAL
MOTION: Butcher moved, seconded by Young,to approve Items A-N of the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
VIII. PAYMENT OF CLAIMS
Case questioned the account description of"Interest Subsidy" on the Lincoln Parc project
and other projects. He asked what direct participation the city has with Lincoln Parc. David
Lindahl said Lincoln Parc is a tax increment district and is also a community development
block grant loan. He said the tax increment is not being used to subsidize the interest on the
bonds.Neal said it does make sense to do this at the beginning of the year. Case requested a
memo from staff that clarifies the meaning of Interest Subsidy.
MOTION: Young moved, seconded by Case, to approve the Payment of Claims. The
motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and
Tyra-Lukens voting L°aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
A. PRESERVE ASSOCIATION DUES
City Manager Scott Neal said this is a request from the Preserve Association. He said
the city acquired a piece of property within the preserve association through a tax
forfeiture and the property has been dedicated to park and open space use. He said
last year a communication was received from the Preserve Association asking for
CITY COUNCIL MEETING
January 6,2004
Page 4
association dues since the city is now a member of the association. Neal said the City
is not in the same class of ownership as other association members and does not
receive benefits or voting privileges, so declined the request of$455.81 in fees. He
said the association asked for City Council confirmation of the staff s action. Neal
said staff recommends declining the association fee.
MOTION: Mosman moved to authorize staff to respond to the Preserve
Association's letter indicating that the City of Eden Prairie will not pay the Preserve
Association dues as property was designated Park and Open Space land when the
City applied for acquisition of the tax forfeited parcel. The City of Eden Prairie will
be responsible for maintenance of that conservation area. Seconded by Butcher,
motion carried 5-0.
B. JEAN HARRIS MEMORIAL BRIDGE BIDS
City Manager Scott Neal reported the bid opening for this took place this afternoon
and the Riley Purgatory Bluff Creek Watershed District will meet tomorrow night, so
there is a very tight timeline on the project.
Lambert said the bridge is part of a much larger project, the excavation of the large
ponding area south of Technology Drive and north of the dike where many trees will
be taken down. He said the ponding area will have an outlet through the dike with a
bridge over the top of the outlet that will be the Jean Harris Memorial Bridge.
Lambert said the agreement was that the watershed district pay for half of all the trails
and bridges,but the base bid involves a plain bridge and the additional cost to build
the Jean Harris Bridge will be$145,000. Lambert said the low bidder was Veit
Companies with a base bid of$719,258, and staff recommended that since the
watershed district saved over$300,000 on this project, it might be worthwhile to ask
them to contribute to the additional cost.
Young asked if the bid is authorized, is the City responsible for the entire cost of the
alternate bridge. Lambert said that is correct. Lambert suggested possibly meeting
with the contractor and attempt to negotiate a change order that would include the
abutments that would include the bridge, deduct the cost of the bridge itself, and
allow the city to bid out the bridge alone.
Young said he needs to abstain from voting on this because Viet Companies are his
clients. Tyra-Lukens said because of the way the construction on the bridge would
occur, the alternate bridge plan cannot be pulled
MOTION: Butcher moved, seconded by Case,to authorize the Riley Purgatory Bluff
Creek Watershed District to accept the Bridge alternate bid for the Purgatory Creek
Recreation Area Phase IV.
Case suggest staff be directed to open a dialog with the watershed district to discuss
help with funding the bridge. Case said he likes the change order concept.
CITY COUNCIL MEETING
January 6,2004
Page 5
Tyra-Lukens noted that the city and watershed district are taxpayer-supported
organizations. Motion carried 4-0 with Young abstaining.
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
A. RESOLUTION NO. 2004-12 DESIGNATING OFFICIAL MEETING DATES,
TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN
2004 AND APPOINTING COUNCILMEMBER CASE ACTING MAYOR
MOTION: Mosman moved, seconded by Butcher, to adopt a Resolution designating
the official meeting dates, time and place for the City of Eden Prairie Council in 2004
and appointing Councilmember Case the Acting Mayor.
Case asked about the first November meeting due to this being an election year. Tyra-
Lukens said that is included and Council will not meet that day. In addition,Tyra-
Lukens said the March meetings have been changed from the first and third Tuesdays
to the second and fourth Tuesdays.Neal said the first week of April is spring break
for Eden Prairie schools and there is a meeting scheduled that week, but it can be
dropped or moved to the second and fourth Tuesdays.
Motion was amended to include that April meetings be held the second and
fourth Tuesdays. Motion carried 5-0.
B. RESOLUTION NO. 2004-13 APPOINTING DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2004
MOTION: Mosman moved, seconded by Butcher,to adopt resolution designating
Councilmember Case as the Director and Public Works Director Gene Dietz as the
Alternate Director to the Suburban Rate Authority.
Case noted that the Suburban Rate Authority is a 37-city organization that lobbies on
behalf of suburban cities and much of the information is pertinent to public works.
Motion carried 5-0.
C. APPOINTMENT OF EDEN PRAIRIE CITY COUNCIL REPRESENTATIVE
TO SOUTHWEST METRO TRANSIT BOARD FOR A THREE-YEAR TERM
MOTION: Case moved, seconded by Young, to appoint Nancy Tyra-Lukens to
Southwest Metro Transit Board as the Eden Prairie City Council Representative for a
three-year term to end December 31, 2006. Motion carried 5-0.
D. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND
COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF
METROPOLITAN MUNICIPALITIES
MOTION: Case moved, seconded by Mosman,to approve the appointment of
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January 6,2004
Page 6
Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the
Association of Metropolitan Municipalities. Motion carried 5-0.
E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND
COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF
CITIES
MOTION: Case moved, seconded by Mosman, to approve appointment of Mayor
Tyra-Lukens as Delegate and Councilmembers as Alternates to the National League
of Cities. Motion carried 5-0.
F. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL
LEGISLATIVE COMMISSION
MOTION: Case moved, seconded by Butcher, to approve appointment of Mayor
Tyra-Lukens to the Municipal Legislative Commission. Motion carried 5-0.
G. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION
MOTION: Butcher moved, seconded by Case,to approve appointment of
Councilmember Mosman to the Southwest Corridor Commission. Motion carried 5-
0.
H. APPOINTMENT TO COMMUNITY RESOURCE CENTER ADVISORY
COUNCIL
MOTION: Case moved, seconded by Mosman, to approve appointment of
Councilmember Butcher to the Community Resource Center Advisory Council.
Motion carried 5-0.
I. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION
MOTION: Butcher moved, seconded by Mosman,to approve appointment of
Councilmember Case to the Southwest Cable TV Commission. Motion carried 5-0.
J. APPOINTMENT TO EDEN PRAIRIE FOUNDATION
MOTION: Butcher moved, seconded by Mosman,to approve appointment of
Councilmember Young to the Eden Prairie Foundation. Motion carried 5-0.
K. APPOINTMENT TO I-494 CORRIDOR COMMISSION
MOTION: Case moved, seconded by Butcher,to approve appointment of
Councilmember Mosman to the I-494 Corridor Commission. Motion carried 5-0.
L. APPOINTMENT TO HENNEPIN SOUTH SERVICES COLLABORATIVE
MOTION: Young moved, seconded by Case,to approve appointment of
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January 6,2004
Page 7
Councilmember Butcher to the Hennepin South Services Collaborative. Motion
carried 5-0.
M. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE
MOTION: Case moved, seconded by Butcher, to approve appointment of
Councilmember Young to the City and School Facilities Use Task Force. Motion
carried 5-0.
N. APPOINTMENT TO BUILDING ASSETS TOGETHER COMMITTEE
Mosman requested holding this appointment because she believes the Building Assets
Together had dissolved into a networking type organization that included school staff
and City representatives and YMCA representatives. She said she can find out more
about this and bring this up again at a future meeting.
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
Mosman passed out to Councilmembers information on local control of development
as opposed to Met Council control of development. She said she read in Sunday's
paper that Lake Elmo's appeal had been overturned and the Met Council was given
control and authority over development.
Mosman also read a summary from a meeting she attended regarding transportation
and congestion within cities.
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION DIRECTOR
D. REPORT OF PUBLIC WORKS DIRECTOR
E. REPORT OF POLICE CHIEF
F. REPORT OF FIRE CHIEF
G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Young,to adjourn the meeting. Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 p.m.