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City Council - 11/09/2004 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 9, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Parks & Recreation Director Bob Lambert and City Planner Michael Franzen were absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added an item under Reports of Councilmembers. Neal added two items under Report of City Manager, one regarding a request for salary cap exemption and one regarding the City Council portrait. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 19, 2004 MOTION: Mosman moved, seconded by Young, to approve the minutes of the City Council Workshop held Tuesday, October 19, 2004, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19, 2004 MOTION: Young moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, October 19, 2004, as published. Motion carried 5- 0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES November 9,2004 Page 2 B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR SURVEY, PRELIMINARY DESIGN AND PREPARATION OF A COST ESTIMATE FOR RECONSTRUCTION OF PIONEER TRAIL C. APPROVE LEASE AGREEMENT WITH AMERICAN GLASS &MIRROR INC. TO STORE COMMUNITY THEATER PROPS AND COSTUMES D. ADOPT RESOLUTION 2004-154 ESTABLISHING A POLICY OF NOT CONSTRUCTING FENCES BETWEEN PARKS, RECREATION AREAS AND PLAYING FIELDS AND PRIVATE PROPERTY E. ADOPT RESOLUTION 2004-155 CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 2,2004 F. APPOINT SCOTT ANDERSON OF ROSEMOUNT PROCESS MANAGEMENT TO THE MAJOR CENTER AREA TASK FORCE MOTION: Young moved, seconded by Butcher, to approve Items A-F of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LEONA ADDITION,VACATION 04-10 (Resolution 2004-156) City Manager Neal said official notice of this public hearing was published in the October 21, 2004,Eden Prairie Sun Current and sent to 3 property owners. Neal said the property owner has requested this vacation to remove underlying easements resulting from previous platting. Removal of the underlying easements will accommodate a clear replat of the property. The final plat of Best Buy Second Addition was approved by the City Council on October 19, 2004. The property owner has dedicated appropriate easements within the new plat. Neal said this is an action to accommodate the new Best Buy retail store. There were no comments from the audience. MOTION: Case moved, seconded by Young, to close the public hearing and to adopt Resolution 2004-156 vacating the drainage and utility easements within Lots 1,2 and 3,Block 1, Leona Addition. Motion carried 5-0. B. VACATION OF RIGHT-OF-WAY IN CEDAR FOREST FIRST ADDITION, VACATION 04-11 (Resolution 2004-157) Neal said official notice of this public hearing was published in the October 21, 2004,Eden Prairie Sun Current and sent to 7 property owners. CITY COUNCIL MINUTES November 9,2004 Page 3 Neal said the property owner has requested this vacation to accommodate an addition to their home and associated landscaping. Vacation of the 30-foot wide right-of-way will enable inclusion of the vacated area into the property and allow setbacks to the house addition to be measured from the revised property line. This right-of-way was originally dedicated to the public in the plat of Cedar Forest First Addition for use as a vehicle turn-around and, with the extension of Valley Road into the adjacent plat of Seven Pines, is no longer needed for this purpose. A drainage and utility easement will be preserved over the entire vacated area. Dietz said our understanding is that we don't know who will get this vacated right- of-way. That is a separate process and we don't make that determination. There were no comments from the audience. MOTION: Young moved, seconded by Case, to close the public hearing and to adopt Resolution 2004-157 vacating the Right-of-Way adjacent to Lot 7, Block 1, Cedar Forest First Addition as further described in the vacation resolution. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Mosman 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"aye." X. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE Neal said Eden Prairie updated the Solid Waste Ordinance in 1993 to include provisions related to establishing geographical service areas and provide for collection of recyclable waste from residential customers. This amendment incorporates four changes to address the following items: 1. Incorporation of requirements for the use of roll-off dumpsters; 2. Provisions that recycling service be provided to commercial customers upon request; 3. Updates to reflect changes in State and County regulations and requirements including reporting requirements; 4. Miscellaneous issues that have arisen during day-to-day application of the ordinance. These are generally what would be defined as housekeeping items. Neal said we sent notification of this action to waste haulers and have received very little feedback from them. CITY COUNCIL MINUTES November 9,2004 Page 4 Dietz said the primary item is the one dealing with the roll-off dumpsters. The amendment addresses changes that have occurred over time. MOTION: Case moved, seconded by Butcher, to approve First Reading of the Ordinance amending City Code Section 5.36 relating to Licensing of Collectors of Solid,Recyclable and/or Yard Waste. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Transportation Conference—Councilmember Mosman Mosman reported on a transportation conference she attended Monday at the University of Minnesota, sponsored by the Center for Transportation Studies. She noted the number of such conferences has dramatically increased because of the concern citizens have about traffic congestion. Mosman said it is important to reiterate that the City can work with the county, state and federal governments to lobby for things to happen, but we only have control of City streets. She said traffic congestion is partly a perceived problem because studies show we are not above average in terms of the growth of traffic. However, because we are a time-conscious, busy society we have become more frustrated and less tolerant. It is also true there are some costs involved resulting from the increased traffic volume such as money lost in business transactions, delivery times and missed appointments. She said the issue of congestion is relative and can be a good thing since it means increased economic activity. She said people appear to be willing to pay for the use of HOV lanes. Those fees would help to pay for improvements. She reviewed some alternative measures being tried. They are finding the real estate values in the downtown area are up and there is a definite benefit from having less car traffic. There are other efforts underway such as the Minnesota Itasca project where CEO's are getting together, hiring lobbyists and pressing legislators for some type of solution. She noted there is three to four times more talk about traffic problems now than ten years ago, and this is one of the pressing problems for the next legislative session. CITY COUNCIL ADNUTES November 9, 2004 Page 5 She said our two transportation lobbyists are concerned we will soon reach a point where we will receive no more funding for road improvements but will have to make interest payments on the funds we have used. Tyra-Lukens thanked Councilmember Mosman for her four years of commitment to transportation issues. Mosman responded that we have a good process in place that started with previous Councilmembers and staff and now things are starting to happen. Tyra-Lukens complimented staff on the new sound equipment and cameras in the Council Chambers. Neal said we have new equipment, thanks to the help of AVI, a local Eden Prairie business. B. REPORT OF CITY MANAGER 1. Council Photos Neal said every two years we take a new City Council photograph and we are in the process of taking competitive proposals for that. The goal is to have the photo ready to hang in January. He asked the Councilmembers if they would be available for a photo session at 5:00 PM on November 23`a in the Council Chambers. All the council members said they were available. 2. Exemption to State Salary Cap Neal said it is time to seek approval of a salary cap exemption from the State. He would like to put the motion approving the City seeking such an exemption on the Council Agenda for the next meeting. The salary cap exemption would provide the Council with latitude to grant an increase in compensation to some Staff members. C. REPORT OF 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 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:20 PM.