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City 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 CITY COUNCIL MEETING 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 CITY COUNCIL MEETING 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.