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HomeMy WebLinkAboutCity Council - 03/09/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 9, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers 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 7:00 p.m. with all Councilmembers present. Lambert, Dietz and Franzen were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced 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. She said this month's meetings are on the second and fourth Tuesdays because of precinct caucuses held last week. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact the City Manager's office by calling 952.949. 8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council 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 Foram. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Foram or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added discussion on a proposed resolution in support of funding for Natural and Scenic Areas grant programs (Item VII.L.); and the appointment of Molly Koivumaki as primary delegate and Councilmember Butcher as alternate to the Hennepin South Services Collaborative Board(Item VII.M.). Tyra-Lukens added an item regarding a traffic issue under Reports of Councilmembers. CITY COUNCIL NI INUTES March 9,2004 Page 2 MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY_17_, 2004 MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City Council Workshop held Tuesday,February 17, 2004. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 17,2004 MOTION: Butcher moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday,February 17, 2004. Motion carried 5-0. VI. HABITAT FOR TECHNOLOGY PRESENTATION Irene Kelly from Habitat for Technology introduced Nick Eian, co-chair of the board,who gave an update on last year's accomplishments sponsored by the Council. He and Kelly also spoke about learning initiatives for 2004, educational benefits,business-to-business benefits and a website development and hosting service at MNedenprairie.com. Eian said it is the group's mission to make Eden Prairie the epicenter of Minnesota's high tech corridor. Kelly said the website is a program the Council funded last year to allow Habitat for Technology to launch a pilot to try the initiative. She demonstrated,via live web cast,how the site works in establishing an electronic community for Eden Prairie,providing authentic learning opportunities for students, and assisting businesses with online presence. Case asked if people using search engines such as Google or Yahoo will be led to the site. Kelly said it does come up but is not at the top of the list. She said there are fees for being listed at the top. Kelly said the more dynamic a site is,the more hits you get on it so using key words and phrasing will attract users. Eian said what the group hopes to accomplish this year is to provide the opportunity for every Eden Prairie business to participate and have a first class,professional website at a reasonable price. Kelly said there is also a marketing plan for the website. Mosman asked at what age students can potentially get involved in the program. Kelly said at this point there are 4 interns, all high school seniors. She said there is a need for design work so there will also be college students helping with that. Mosman asked how the internet yellow pages overlap for companies. Kelly said internet yellow pages marketing tool is a directory with businesses listed with an address and phone number. She said it is a parallel product. Butcher asked if there are similar models out there. Kelly said research has been done and as far as she knows, there are no other communities that have all the partners coming together like this one. Eian said the site has more community informational pieces and less advertisement. CITY COUNCIL MINUTES March 9,2004 Page 3 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BRYANT LAKE HEIGHTS for 7012 and 7014 Willow Creels Road. Request for City Council to consider a request from James and Raynelle Perkins and Stephen Longman Builders, Inc. to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The Developer is requesting the following action by the City: Amendment of Exhibit C,paragraph XIII of the Developer's Agreement,by deleting the requirement that all structures on Lot 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1,Bryant Lake Heights. C. ADOPT RESOLUTION NO. 2004-35 AUTHORIZING A GENERAL OBLIGATION BOND REFERENDUM TO BE HELD ON MAY 11, 2004 D. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORMWATER PERMIT PROGRAM, I.C. 02-5585 E. APPROVE MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION, I.C. 02-5578 F. APPROVE PROPOSAL FOR PAVEMENT EVALUATION SERVICES FROM GOOD POINTE TECHNOLOGY G. ADOPT RESOLUTION NO. 2004-36 APPROVING PLANS AND SPECIFICATIONS AND SETTING BID DATE FOR INTERSECTION IMPROVEMENTS AT CSAH 4 (EDEN PRAIRIE ROAD) AND VALLEY VIEW ROAD, I.C. 96-5405 H. ADOPT RESOLUTION NO. 2004-37 VACATING DRAINAGE AND UTILITY EASEMENTS IN THE BIG WOODS 3 ADDITION,VACATION 04-01 I. APPOINTMENT OF PARKS AND RECREATION COMMISSION MEMBER TO CITY/SCHOOL FACILITY USE ADVISORY COMMITTEE J. AUTHORIZE STAFF TO CONTRACT FOR ARCHITECTURAL SERVICES FOR DESIGN OF A CONCEPT PLAN FOR THE PARK BUILDING AT MILLER PARK SOFTBALL COMPLEX K. AWARD BID FOR RICHARD T.ANDERSON CONSERVATION AREA GRADING AND PARKING LOT CONSTRUCTION TO MIDWEST ASPHALT L. ADOPT RESOLUTION NO. 2004-38 SUPPORTING LOCAL INITIATIVE GRANTS HF 2556, SF 2392 CITY COUNCIL NUNUTES March 9,2004 Page 4 M. APPOINTMENT OF MOLLY KOIVUMAKI AS PRIMARY DELEGATE AND COUNCILMEMBER BUTCHER AS ALTERNATE TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE BOARD MOTION: Case moved, seconded by Mosman,to approve Items A-M of the Consent Calendar. Young asked that Item L. be pulled for discussion. He said Lambert asked the City to pass a resolution regarding specific funding of an item which the governor has recommended$0. Neal said the resolution asks for Council endorsement of the resolution in the amount of$4 million. Young said the object of the funding is laudable,but he has strong reservation about passing a resolution on what the governor should do on his budget or what the legislature should do within their spending scope. Mosman asked that Item C. be pulled for discussion. Discussion on Item L. Tyra-Lukens asked how then does the Council communicate its needs to the senate and governor if not by resolution. She said she is not uncomfortable with voting on this. Butcher said she does not have a problem with this because it is a formal tool that city councils use on issues of importance where they want to make a statement. Case said there was previously discussion on whether to take a vote on a resolution after the legislature had approved something. He said there was discussion on whether it was appropriate after the fact, in essence, to judge another body. He said this is exactly the time to be advising another body, especially one above the Council, so they can receive direction from cities on what those bodies believe and then make decisions in the best interest for the state. Case said it is critical that bodies across Minnesota pass resolutions to advise as the bills are going through the process. He said once the legislature enacts it into law, it would then be inappropriate to take a stand on an issue. He said the Council would be doing a great disservice to the people of Eden Prairie if it did not lobby and argue for and on behalf of the residents for what benefits them the most. Neal this is an important way of communicating formally to the State because they often ask if a resolution has been passed regarding the City's stand on an issue. He said he does not believe the State sees it as confrontational or argumentative,but just a position on an issue. Mosman said it seems better that the Council asks for something now that may not happen, rather than complaining or criticizing afterwards. It was agreed that Item L. be voted on separately. Discussion on Item C. Mosman said when she looked at the list of items for the referendum,the question is such that we are not legally tied to spending the money exactly where it was said to be spent,but are politically tied to the amounts. She said spending could be interpreted differently if not specifically specified. She said the spending for purchase of open space went from specific one CITY COUNCIL MINUTES March 9,2004 Page 5 or two projects to very general. Mosman said in the interest of those voting for different things on the referendum,priorities should be specified in the educational materials sent out by the City. Tyra-Lukens suggested discussing at another time,possibly a workshop, details on how citizens are educated on what is in the referendum. Mosman said that is fine as long as it's not too late to make points about what will be included. Butcher she thought the Council agreed to be more general on the wording. Neal said the item before the Council this evening does not contain the list for spending,but a decision does need to be made before the Council goes forward with a public education effort so he believes a workshop is the best venue for that. It was agreed to include Item C. on the Consent Calendar. MOTION: Case moved, seconded by Mosman, to revise the motion to approve the Consent Calendar with the exception of Item L. Motion carried 5-0. MOTION: Case moved, seconded by Mosman, to approve Item L. of the Consent Calendar. Motion carried 4-1. Young opposed. VIII. PUBLIC HEARINGS /MEETINGS A. 2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING(CDBG) RECOMMENDATIONS (RESOLUTION NO. 2004-39) City Manager Scott Neal said official notice of this public hearing was published in the February 19, 2004,Eden Prairie Sun Current. He said the Eden Prairie Human Service Review Committee (EPHSRC)reviewed the 2004 CDBG proposals and recommended the following activities be funded: Funding County Public Service Activities (15% cap) Level Priority 1. PROP—Emergency Housing Assistance/Car Repair$10,100 High 2. HOPE—Family Support Services $7,000 High 3. GMDCA—Child Care Subsidy Program $10,000 High 4. HOME—Household& Outside Maintenance for the Elderly $5,000 High 5. HomeLine Tenant's Advocacy Service $3,000 High Subtotal $35,100 (15% of total) Housing Activities Level 6. Housing Rehabilitation Deferred Loan Program $50,000 High 7. Affordable Housing/Land Trust $148,900 High Subtotal $198,000 (75% of total) Grand Total $234,000 CITY COUNCIL MINUTES March 9,2004 Page 6 Neal introduced Molly Koivumaki, Housing and Human Services Manager,who is available for answering questions. Tyra-Lukens said the amount of funding for the CDBG is never as much as we would like and everything listed is county priority High. She asked if cities ever fund things that are not high priority. Koivumaki said one exception that CDBG is being used for is rehabbing the site at Eden Prairie Center and that is a medium level priority. It was noted that these are the same 7 organizations that have been funded recently. Butcher said this is a measurable success for the dollars that are spent because there are reports that show how dollars are spent and the number of people who benefit from the services. Carla Jacobson from the Greater Minneapolis Daycare Association thanked the Council for their past and continued support. She said the money is appreciated and needed for serving low income families in the community. She submitted a report on the economic impact study for Hennepin County. Tyra-Lukens said the Council appreciates being kept informed about the activities of the agency as well as other agencies on this list. MOTION: Mosman moved, seconded by Butcher, to adopt a Resolution approving the use of funds for the 2004 Urban Hennepin County Community Development Block Grant(CDBG)program as recommended by the Eden Prairie Human Service Review Committee(EPHSRC). Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case, Butcher,Mosman,Young and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS Neal suggested reversing the order of these items. Council agreed to discuss Item B. prior to Item A. B. RESOLUTION NO. 2004-40 ADOPTING CITY OF EDEN PRAIRIE EMPLOYEE HANDBOOK City Manager Scott Neal said the employee handbook is a summary of City employment policies written to serve as a guide for employees and managers. He said the City's previous handbook was last updated in 1991 and the new employee handbook is intended to capture changes in the city's operations,to update policies relative to changes in the legal environment and best practices, and to consolidate city employment policies into one document. In general, few changes were made that would constitute a significant deviation from current practices.Neal said content for the handbook was developed by a team of managers and human resources over a period of several months. A draft copy was then forwarded to Department Heads, The League of Minnesota Cities, and the City Attorney for additional comments. The final version is the culmination of this extensive review. CITY COUNCIL MINUTES March 9,2004 Page 7 MOTION: Butcher moved, seconded by Case,to adopt the resolution adopting the City of Eden Prairie Employee Handbook and repealing Resolutions No. 823, 1088, R80-24, R85-98,R86-16,R90-170,R91-27,R91-215, and R95-216. Motion carried 5-0. A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 1 BY AMENDING SECTION 2.82 RELATING TO PERSONNEL RULES AND REGULATIONS City Manager Scott Neal said the proposed ordinance change would give the City Manager the authority to establish personnel policies without council approval. This change would allow for more efficient implementation of policy changes in our dynamic operating environment. He said the change would also be consistent with the statutory structure of the City,which gives the City Manager the authority for the proper administration of the affairs of the City. Neal said the reason he asked for these two items to be reversed is because this is more of a policy discussion. He said this is being brought to the Council for the first time without much previous discussion, and there are times when there is a need to react fairly quickly on a policy matter. Case said he has great trust and confidence in this city manager and this ordinance is appropriate. MOTION: Case moved, seconded by Mosman, to approve First Reading of an Ordinance amending City Code Chapter 1 by amending Section 2.82 relating to personnel rules and regulations, and adopting by reference City Code Chapter 1 and Section 2.99. Young asked if the scope of the City Manager's power would include the Council. City Attorney Ric Rosow said the Council is not subject to the employee handbook. He said there is much in the employee manual that is not pertinent to the Council as well as boards, commissions and volunteers. Rosow said it has been discussed that a topic for a workshop would be appropriate policies that the Council should pass for itself that mirror some of the major policies in the employee manual. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. 2004 BOARDS AND COMMISSIONS City Manager Scott Neal said the City Council held Board and Commission interviews on Tuesday,February 24,2004. Twenty-one candidates applied for consideration; six CITY COUNCIL MINUTES March 9,2004 Page 8 of which were seeking reappointment, and one seeking appointment to a different Commission. Sixteen candidates have been designated for appointment on March 9, 2004. MOTIONS: Butcher moved, seconded by Young, to appoint to the Community Planning Board Larry Kacher,Peter Rocheford and Fred Seymour —terms to expire March 31, 2007 and Jon Stoltz—term to expire March 31,2005. Motion carried 5-0. Young moved, seconded by Case, to appoint to the Heritage Preservation Commission Betsy Adams and Robert Amell—terms to expire March 31, 2007. Motion carried 5-0. Case moved, seconded by Young, to appoint to the Human Rights and Diversity Commission Linda Chung and Pamela Miller—terms to expire March 31, 2007. Motion carried 5-0. Young moved, seconded by Case, to appoint to the Arts & Culture Commission Susan Dickman, Steve Mosow and Heather Olson—terms to expire March 31, 2007 and Ann Rorem—term to expire March 31,2006. Motion carried 5-0. Butcher moved, seconded by Young, to appoint to the Parks, Recreation and Natural Resources Commission Tom Bierman, Jeff Gerst, Cari Grayson and Michael Moriarity— terms to expire March 31, 2007. Motion carried 5-0. B. 2004 BOARD OF APPEAL AND EQUALIZATION City Manager Scott Neal said the proposed members for Council approval are experienced real estate professionals with knowledge of the Southwest metro area. MOTION: Case moved, seconded by Butcher, to appoint to the Board of Appeal and Equalization Mike Best, Judy Ilstrup, Doug Malam, Annette O'Connor and Patricia Pidcock for the period of April 14, 2004 through May 3, 2004. Motion carried 5-0. C. 2004 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS City Manager Scott Neal said Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. MOTIONS: Case moved, seconded by Butcher, to appoint Ray Stoelting as Chair and Kathy Nelson as Vice-Chair of the Community Planning Board. Motion carried 5-0. Young moved, seconded by Case,to appoint Betsy Adams as Chair and Jennie Brown as Vice-Chair of the Heritage Preservation Commission. Motion carried 5-0. Butcher moved, seconded by Young, to appoint Rob Barrett as Chair and Jeff Gerst as Vice-Chair of the Parks, Recreation and Natural Resources Commission. Motion carried 5-0. CITY COUNCIL MINUTES March 9,2004 Page 9 Young moved, seconded by Case,to appoint Larry Piumbroeck as Chair and Jeff Strate as Vice-Chair of the Human Rights and Diversity Commission. Motion carried 5-0. Case moved, seconded by Young, to appoint Susan Dickman as Chair and Steve Mosow as Vice-Chair of the Arts and Culture Commission. Motion carried 5-0. Butcher moved, seconded by Case, to appoint Patricia Pidcock as Chair and Mike Best as Vice-Chair of the Board of Equalization and Appeals. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Tyra Lukens said this is regarding a letter received from Boulder Point Homeowner's Association about the intersection of Mitchell Road and Blakeney. She asked if this has been referred to engineering and how is it going to be handled. She said she also feels unsafe at the intersection and she hopes it's being looked into. Neal said it has been referred to Engineering and he will keep the Council posted on results. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR 1. Renewal of Midwest Asphalt's Land Alteration Permit and Addendum A, Covering Operating Conditions City Manager Scott Neal said since 1996, operations at Midwest Asphalt have been covered by a two-year renewable Land Alteration Permit and associated addendum. The addendum regulates uses and operations of the non-conforming asphalt plan located in the Industrial General District at the south end of Industrial Drive. Zoning Administrator Jean Johnson said this is an asphalt batch plant and explained its location and operations. She said staff sees no reason at this time for the city to not renew the permit. Tyra-Lukens asked if the permit is no more restrictive or lenient than the old permit. Johnson said that is correct, it is the same. MOTION: Young moved, seconded by Buther, to direct staff to execute a two- year extension of the Land Alteration Permit and Addendum A for Midwest Asphalt Corporation. Motion carried 5-0. E. REPORT OF POLICE CHIEF CITY COUNCIL AIMUTES March 9,2004 Page 10 F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:06 p.m.