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City Council - 03/08/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY,MARCH 8,2000 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Public Works Services Director Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Deb Meuwissen I. ROLL CALL/CALL THE METING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Case, to approve the Agenda as published. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 15,2000 MOTION: Case moved, seconded by Thorfinnson,to approve the minutes of the City Council Workshop held Tuesday, February 15, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 15.2000 MOTION: Butcher moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday,February 15,2000, as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2000-37 APPROVING FINAL PLAT OF CAM ADDITION CITY COUNCIL MINUTES March 8, 2000 Page 2 C. APPROVE APPOINTMENT OF STUART A. FOX AS ASSISTANT WEED INSPECTOR OF THE CITY OF EDEN PRAIRIE FOR 2000 D. ADOPT RESOLUTION NO: 2000-38 TO APPOINT CITY MANAGER CHRIS ENGER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE (HSSC) BOARD, AND COMMUNITY DEVELOPMENT STAFF MEMBER DAVID LINDAHL AS HIS ALTERNATIVE E. ADOPT RESOLUTION NO. 2000-39 AWARDING BID FOR STREET SWEEPING,I.C. 00-5503,AND APPROVE CHANGE ORDER NO. 1 F. ADOPT RESOLUTION NO. 2000-40 AWARDING BID FOR STREET SWEEPING,I.C. 00-5504 G. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH TIKDA FOR STANDBY GENERATOR SYSTEM FOR WELL NOS. 2, 9, 11 AND 12 H. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR A TRAFFIC STUDY OF GOLDEN TRIANGLE AREA MOTION: Thorfinmon moved, seconded by Butcher, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS VII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Harris, Butcher, Case, Thorfinnson and Tyra-Lukens voting "aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 8-2000 AMENDING CITY CODE CHAPTER 2, RELATING TO BOARDS AND COMMISSIONS AND ADOPT RESOLUTION NO. 2000-41 APPROVING SUMMARY ORDINANCE FOR PUBLICATIONS Enger provided an overview of the proposed amendments including the establishment and appointment of Task Forces by the City Council; permitting City Council to make a citizen advisory commission inactive, assign the duties of such citizen advisory commission to another citizen advisory commission, and subsequently reactivate such citizen advisory commission and appoint members; and providing for only one resident representative to the Flying Cloud Airport Businessman's Association and deleting the provision that one member may be a non-resident of the City. CITY COUNCIL MINUTES March 8, 2000 Page 3 MOTION: Case moved, seconded by Thorfinnson, to approve the first and second readings of an ordinance amending City Code Chapter 2, relating to Boards and Commissions and to adopt Resolution approving the Summary Ordinance for publication. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2000-42 DECLARING THE ARTS & CULTURE CITIZEN ADVISORY COMMISSION AND THE ENVIRONMENTAL EDUCATION CITIZEN ADVISORY COMMISSION INACTIVE Enger provided a brief overview, indicating the new Board and Commission structure required a large number of new commission members. Recruiting for these positions had not provided sufficient candidates to fill membership on the Environmental Education and Arts & Culture Citizen Advisory Commissions. The proposed resolution would transfer the duties of these Commissions to another Commission and declare the Environmental Education and Arts & Culture Citizen Advisory Commissions inactive. A decision to reactivate these Commissions would be made in January 2001. MOTION: Thorfinnson moved, seconded by Butcher, to adopt the Resolution declaring the Arts & Culture Citizen Advisory Commission and the Environmental Education Citizen Advisory Commission inactive. Motion carried 5-0. IX. PETITIONS,REOUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMIVIISSIONS XI. APPOINTMENTS A. APPOINTMENTS TO BOARDS AND COMMISSIONS MOTION: Tyra-Lukens moved, seconded by Case, to approve the following appointments to Boards and Commissions: Appoint to the Community Planning Board: Randy Foote—Term to Expire 3/31/2001 Vicki Koenig,Ken Brooks, Susan Stock—Terms to Expire 3/31/2002 Frantz Corneille,Ray Stoelting,Kathy Nelson—Terms to Expire 3/31/2003 Appoint to the Board of Appeals &Adjustments: Cliff Dunham,Michael O'Leary—Terms to Expire 3/31/2002 Mary Vasaly,Louis Giglio,Bill Ford—Terms to Expires 3/31/2003 Appoint to the Heritage Preservation Commission: Jennie Brown,Mike Wroblewski,Kati Simons—Terms to Expires 3/31/2002 Art Weeks,Deborah Barkley,Lori Peterson-Benike—Terms to Expire 3/31/2003 CITY COUNCIL MINUTES March 8, 2000 Page 4 Appoint to the Flying Cloud Airport Advisory Commission: Tom Heffelfinger,Resident-At-Large—Term to Expire 3/31/2002 Joe Smith,Flying Cloud Airport Businessmen's Association; Laura Neuman, Resident-At-Large—Terms to Expire 3/31/2003 Appoint to the Human Rights and Diversity Citizen Advisory Commission: Ann Birt, Teresa Benkowski—Terms to Expire 3/31/2002 David Larson,Paul Sodt,Kim Teaver—Terms to Expire 3/31/2003 Appoint to the Community Program Board: Harry Moran—Term to Expire 3/31/2001 Mary Cofer, Kristen Pierskalla,Harry Davis Jr.—Terms to Expire 3/31/2002 Dick Brown,Munna Yasiri,Kim Teaver—Terms to Expire 3/31/2003 Appoint to the 2000 Board of Review: Mike Best, Judy Ilstrup,Doug Malam,Annette O'Connor,Patricia Pidcock— for one year term Mayor Harris conveyed the City Council's appreciation to all the applicants who expressed interest in becoming members of the various Boards and Commissions, and to Council Staff and Councilmembers for their diligent work with respect to the review and appointment process. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Tyra—Lukens provided a report on meetings held by the Suburban Transit Association, which is responsible for busing and transportation in general. She indicated plans for legislation were to test the effectiveness of the HOV and ramp meters. Ramp meters may be opened up during October 2000. A study by an independent consultant may be conducted prior to turning off the ramp meters. Tyra-Lukens indicated legislation had been introduced to replace the transit tax with hack-up payment and elimination of truck travel on Pioneer Trail. B. REPORT OF CITY MANAGER 1. Time Warner/AOL Merger Agreement Enger discussed the merger between Time Warner Inc. and AOL. He indicated each city must decide within 30 days of notification whether to hold a public hearing on the transfer, approve the transfer or do nothing. Eden Prairie was one of five cities in the Southwest Cable Commission and the other four cities had chosen to hold public hearings. Although the City's ability to do anything about the merger was relatively small, holding a public hearing would allow the City to have more input in the process. If City Council was comfortable with the merger, Enger indicated the appropriate action would be to pass the resolution approving the transfer. If City Council would like to hold a public hearing and receive a complete presentation from CITY COUNCIL MINUTES March 8, 2000 Page 5 the Southwest Cable Commission Legal Counsel with respect to the merger, the appropriate action would be to set a public hearing for April 4, 2000. Case indicated Southwest Cable Commission would be meeting on this matter in April 2000. He indicated a public hearing may not give any additional valuable information but would be good for the City Council to express its ideas or concerns, and would give individuals the opportunity to discuss the impact on the City cable system. Mayor Harris indicated her agreement with Case and would support a public hearing. MOTION: Case moved, seconded by Butcher, to set a public hearing on April 4, 2000, at 7:00 p.m., at Eden Prairie City Center to consider the proposed transfer of control of KBL Cable Systems of the Southwest, Inc. by virtue of the proposed merger between KBL Cable Systems of the Southwest, Inc. and America Online, Inc. and to determine whether the proposed transfer of control may have an adverse affect on cable television subscribers. Motion carried 5-0. 2. TCALMC Earl Willford Labor Management Corporation and Partnership Award to the City of Eden Prairie Enger reported he had recently attended the TCALMC meeting and Eden Prairie had been chosen as the recipient of the Earl Willford Labor Management Cooperation and Partnership Award. The City had received the award for having an excellent management commitment in labor management. He indicated he would like for members of the TCALMC to attend the City Council meeting on March 21, 2000 and give a special presentation of the award. Mayor Harris conveyed her agreement with the presentation of the award at the March 21 meeting. 3. Appointment of Natalie Swaggert as a management representative to the TCALMC Executive Board of Directors (two-year term) Enger related Eden Prairie had a representative on the TCALMC executive board of directors. Natalie Swaggert had been elected to the Executive Board of Directors and City Council would need to appoint Natalie to that position. MOTION: Thorfumson moved, seconded by Butcher, to appoint Nancy Swaggert as a management representative to the TCALMC Executive Board of Directors for a two-year term. Enger indicated it would be reasonable to hold a special meeting for orientation for the appointees to the various Board and Commissions and suggested March 28,2000, at 5:30 p.m. MOTION: Case moved, seconded by Thorfinmon, to hold a special meeting for orientation for the new appointees for the Boards and Commission on March 28,2000,beginning at 5:30 p.m. Motion carried 5-0. CITY COUNCIL MINUTES March 8,2000 Page 6 Case indicated he would not be available during the of week of April P. After a review of the calendar,it was determined that several Councilmembers and Council Staff would not be available during that time period. A lengthy discussion ensued regarding an available date for the public hearing in connection with the Time Warner/AOL Merger that would meet the required time periods. MOTION: Thorfinnson moved, seconded by Butcher, to rescind the motion to hold a public hearing on April 4, 2000, at 7:00 p.m., to consider the proposed transfer of control of KBL Cable Systems of the Southwest, Inc. by virtue of the proposed merger between KBL Cable Systems of the Southwest, Inc. and America Online,Inc., and schedule such public hearing for March 30, 2000, at 7:00 p.m., at Eden Prairie City Center, and to schedule orientation for new appointees to Boards and Commissions for March 30, 2000, at 5:30 p.m. Motion carried 5-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Harris reminded the audience of the Council Forum held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in the Heritage Room II. This is scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. Citizens who wish to visit with the City Council and Service Area Directors at this time should notify the City Manager's office by noon of the meeting date with their request. XIV. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Mayor Harris adjourned the meeting at 7:35 p.m.