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City Council - 01/02/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 29 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCn1V1EMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock,Ross Thorfinnson, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation &Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL All members were present. PROCLAMATION FOR THE MARTIN LUTHER EING, JR. CELEBRATION Mayor Harris read the Proclamation declaring January 11, 1996, as a celebration day in honor of Markin Luther King, Jr. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens pulled item N.B. RESOLUTION 96-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES for discussion. Jullie added item M.B.2. Award Contract for Service of City's Radio ,System, City Attorney Pauly noted that he had distributed a revision for item IV.J. RESOLUTION 96M APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOI7SING AND REDEVELOPMENT AUTHORITY MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 19, 1995 Case changed sentence 1, paragraph 7, page 7, as follows: "Case said his calculations showed Mr. Dietz's numbers to be an increase of $700 per single- family platted lot on future developments." CITY COUNCIL MINUTES January 2, 1996 Page 2 MOTION: Pidcock moved, seconded by Case to approve the minutes of the City Council meeting held Tuesday, December 19, 1995, as published and amended. Motion carried unanimously. 1V. CONSENT CALENDAR A. CLERKS LICENSE LIST B. RESOLUTION 96-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES C. RESOLUTION 96-02 DESIGNATING THE OFFICIAL CITY NEWSPAPER D. RESOLU'i'TON 96-03 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS E. RESOLUTION 96-04 DESIGNATING DEPOSITORIES F. RESOLUMON 9"5 AUTHORIZING USE OF FACSIMILE SIGNATU_R_ES BY PUBLIC OFFICIALS G. RESOLUTION 96406 AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN FRAERIE MINDS H. RESOLUTION 96-07 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. RESOLUTION 96-08 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAM J. RESOLUTION 96-09 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY K. RESOLUTION 96-10 CALLING FOR A PUBLIC]HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (IM DISTRICT L. EDEN HILLS CONDOMINIUMS by Brenwood Development Corporation. 2nd Reading of Ordinance 1-96 for Zoning District Change from Rural to RM-2.5 on 3.3 acres; Adoption of Resolution 96-11 Approving Site Plan Review and Approval of a Developer's Agreement for Eden Hills Condominiums by Brenwood Development Corporation. Location: Franlo Road, south of Prairie Center Drive. (Ordinance 1-96 for Zoning District Change and Resolution 96-11 for Site Plan Review) CITY COUNCIL MINUTES January 2, 1996 Page 3 MOTION: Case moved, seconded by Pidcock, to approve Item A, and Items C-L of the Consent Calendar, with Item B deleted. Motion carried unanimously. Regarding item B, Tyra-Lukens said the memo does not address some of the Council's concerns about the historical rationale for the retained earnings fund balance and how the fund has been maintained. She asked why we feel we don't need more than a$1 million balance. Director of Public Works Dietz said he did not hear the request to provide historical data. He said that last year we discussed a $1 million balance for the fund, and we need to maintain a balance because we pay bills with the fund. There are fluctuations in billing for metro sewer and water and we may have a wet year where we do not sell as much water. He noted that we are recommending we add 5 cents per 1,000 gallons on sanitary sewer, a 1.6% increase. Thorfinnson said he didn't understand why we don't need the increase that we said we did before. Dietz replied he was using his own judgment because the balance appeared to be going down since he became involved in setting water rates two years ago. Thorfinnson said he thought the question was what level is required if a reserve is necessary. Dietz said we talked about maintaining a lower balance in the fund because we are now trying to make a steady raise in the yearly rates. This will get us where we need to be in 1988 when the operating costs will be higher. At that time the new water plant will be on line but we will not yet have the population numbers to pay for it. Harris said it would be useful to the Council to have a written report on the history and a process for ensuring solvency going into the future. Case said he would like to see future rate increases factored with the forecast as much as possible. Dietz said he could provide some type of report back but would not be able to provide a five-year projection for the next meeting. Thorfinnson suggested a five or ten-year projection be done at the same time as the budget meetings occur and that cash flow needs would be helpful. Tyra-Lukens and Thorfinnson agreed to meet with Dietz to discuss the issue in depth before the report is presented at the next meeting. Dietz will provide long term projections before the June meetings. Pidcock noted it would be good for the Councilmembers to understand the items on the utility bill in order to answer questions from residents. MOTION: Case moved, seconded by Pidcock to adopt Resolution 96-01 without Section 2.40.A. User Charges. CITY COUNCIL MINUTES January 2, 1996 Page 4 AMENDMENT TO THE MOTION: Case moved, seconded by Pidcock, to adopt Resolution 96-01 Regulating Fees and Charges for Business License Permits and Municipal Services, with Section 2.40 A. User Charges changed from$2.00 to $1.95. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS VI. PAYMENT OF CLAIMS Regarding item 37633, Harris asked why we are purchasing binoculars. Jullie said this is part of the City's employee recognition program for 25 years of service. MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS VHl. PETITIONS, RF.nIIESTS AND CG M_i7NICATION IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. RESOLUTION 96-12 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 1996, AND APPOINTING AN ACTING MAYOR Harris said the position of Acting Mayor traditionally has been given to the longest serving Council member. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 96-12 designating the official meeting dates, time and place for the City of Eden Prairie Council in 1996, and appointing Councilmember Pidcock as Acting Mayor. Motion carried unanimously. B. RESOLUTION 96-13 DESIGNATING THE DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1996 MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution 96-13 designating Mayor Harris as Director and City Manager Jullie as Alternate Director to the Suburban Rate Authority for 1996. Motion carried unanimously. CITY COUNCIL MINUTES January 2, 1996 Page 5 C. APPOINTMENT OF TWO EDEN PRAIRIE EPRESENTATTVF TO TIiF SOUTHWEST METRO TRANSIT COADU SION (1 for a 2-year term and 1 for a 1-year term commencing Tanuary 1, 1996) Harris said Councilmember Pidcock has been serving as the Council representative to the Southwest Metro Transit Commission. Pidcock said there was a mix-up in the term of her representation, so the Councilmember appointment will be for a one-year term only. She said Jack Provo is interested in serving as the citizen representative for a two-year term. MOTION: Thorfinnson moved, seconded by Case, to appoint Councilmember Pidcock for a one-year term as council representative to the Southwest Metro Transit Commission from January 1, 1996 to January 1, 1997 and to appoint Jack Provo for a two-year term as citizen representative from January 1, 1996 to January 1, 1998. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCRAMMERS B. REPORT OF CITY MANAGER 1. Set the 4th Tuesday of Every Month as a City Council/Staff Workshop Jullie said staff has not yet developed a schedule of specific topics, but they would like to set the 4th Tuesday of the month for Council/Staff workshops. The consensus was to set the 4th Tuesday of every month as a City Council/Staff Workshop. Jullie said staff will return with times and topics at a later meeting. 2. Award Contract for Service of City's Radio System Jullie said they have received four bids for the three-year radio service agreement to cover the 800 Megahertz public system. Staff is recommending the contract be awarded to Capitol Two-Way Communications as the lowest bid that was fully responsive to the request. The bids from two firms were lower than Capital's, but they failed to provide references as requested. Tyra-Lukens asked who presently has the contract. Jullie said Capitol Two-Way presently has the contract. Pidcock asked if they could be asked to resubmit bids since the recommended bid is 10% higher than the lowest one. Jullie said that might be possible, but he noted the amounts of the bids are the worst case CITY COUNCIL.MINUTES January 2, 1996 Page 6 scenario and the real value of the contract is $25,000 to $302000. He said Capitol's current bid is actually less than their previous bid on a similar contract. Pidcock asked if it will be possible to get by for$25-$30,000 per year and why Capitol's bid is now lower than the previous one. Gary Therkelsen, representing the Police Department, said it may be lower because they want to remain competitive or because they know the equipment and what some of the costs will be. Pidcock asked how the other bids were deficient. Therkelsen said the bids were judged on five areas of experience that were deemed to be critical for the service. He reviewed the five areas of experience and how the bidders were rated in the five areas. Capital Two-Way was the only bidder that had verified experience in all five areas. Kim Briden, representing Contact Mobile Communications, objected to the award and the analysis of the bids. He said they were notified at 4:30 p.m. today that the award would be made tonight after having submitted their bid on November 16th. Mr. Briden presented the background on his company and his employees and the experience they have had with similar systems. Harris asked why we are acting on this item tonight. Jullie said the present contract has expired, and we have been dealing with this issue for quite some time. He said Mr. Pauly reviewed the details and agreed with the staff recommendation. Harris asked what our usual process is for notification of a bid award. Jullie said the dates are usually announced in the RFB. In this case we asked for an extension to today from each of the bidders. Mr. Therkelsen was asked to contact each of the bidders to let them know we would be considering this item tonight. Jullie said this is a critical system and an extremely important service. Harris asked how Contact Mobile fared on the five key comparisons. Therkelsen said the analysis was based on information provided by the vendors, and Contact Mobile provided no references on three of the five areas. Thorfinnson asked if the bidders were expected to respond specifically to the five areas. Therkelsen said they were asked for references on similar systems and were given a list of all the equipment in the R.F.B. Pidcock said she was troubled by Mr. Briden stating they were just notified at 4:30 this afternoon when the bids were submitted in mid-November, and she is uncomfortable with awarding this bid. She asked when Mr. Pauly CITY COUNCIL MINUTES January 2, 1996 Page 7 reviewed the bids. Pauly said he was aware of the bids last week. Thorfinnson asked what the consequences are for not awarding the bid. Therkelsen said Capital Two-Way has been on a time and materials basis since the first of the year, noting they have achieved competency on the equipment that is part of this very complicated system. Harris expressed concern there wasn't earlier notification to the bidders; however, she was more comfortable with awarding to a higher bidder because of the sophistication of the system. Case did not have a problem with selecting a bidder that is higher, but he did feel the process is being rushed tonight. He thought the process in the future needs to be handled differently. Tyra-Lukens was dismayed the bid process was not clear about how the bidders were to be chosen; however, she thought Mr. Therkelsen was in the best position to decide. MOTION: Case moved, seconded by Thorfinnson, to award the contract for service of the City's radio system to Capital Two-Way Communications for$50,241.60. Thorfinnson said he was disturbed by the whole process. If timing was an issue, then the bids should have been received earlier and the RFB should have specified the five critical areas and asked bidders to respond to those areas. Pidcock was concerned we not be placed in this predicament again, nor should we hear that a bidder was told five minutes before the closing of City offices that he was not the successful bidder. VOTE ON THE MOTION: Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS Harris asked if the City's sign policy is clear since this is an election year. Jullie said by CITY COUNCIL MINUTES January 2, 1996 Page 8 state law August 1 is the time when election signs may appear. Signs must be removed within two weeks of the election. Case suggested we look at this issue in June or July and have Jean Johnson review the sign policy. XIII. ADTOURNMENT MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:55 p.m.