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City Council - 01/02/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 2, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR PHILIP YOUNG AND COUNCILMEMBERS JON DUCKSTAD AND KATHY NELSON IV. COUNCIL FORUM INVITATION V. PROCLAMATIONS /PRESENTATIONS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 19, 2006 MOTION: Aho moved, seconded by Butcher, to approve the Council Workshop minutes as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 19, 2006 MOTION: Butcher moved, seconded by Aho, to approve the City Council minutes as published. Motion carried 3-0. CITY COUNCIL MINUTES January 2, 2007 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 1-2007 AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES C. ADOPT RESOLUTION NO. 2007-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS D. ADOPT RESOLUTION NO. 2007-02 DESIGNATING DEPOSITORIES E. ADOPT RESOLUTION NO. 2007-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS F. ADOPT RESOLUTION NO. 2007-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION 2007-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION NO. 2007-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION NO. 2007-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY J. ADOPT RESOLUTION NO. 2007-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2007 K. ADOPT RESOLUTION NO. 2007-09 DESIGNATING OFFICIAL CITY NEWSPAPER L. ADOPT RESOLUTION NO. 2007-10 EXTENDING CONDITIONAL USE AGREEMENT NO. A12099 WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATE M. APPROVE CHANGE ORDER NO. 3 FOR MITCHELL ROAD/ TECHNOLOGY DRIVE IMPROVEMENTS, I.C. 005508 MOTION: Butcher moved, seconded by Aho, to approve Items A-M on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES January 2, 2007 Page 3 IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2007-11 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2007 AND APPOINTING ACTING MAYOR Neal noted the following resolutions and appointments require approval on an annual basis. In addition to the regular Council meetings listed in the attached Resolution, Town Meetings are planned for April 10 and November 27. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2007-11 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2007 and appointing Councilmember Butcher the Acting Mayor. Motion carried 5-0. B. RESOLUTION NO. 2007-12 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2007 Neal noted Director of Public Works Gene Dietz served as the Director and Councilmember Case served as the Alternate Director to the Suburban Rate Authority in 2006. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2007-12 designating Director of Public Works Gene Dietz as the Director and Councilmember Butcher as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. C. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES CITY COUNCIL MINUTES January 2, 2007 Page 4 MOTION: Butcher moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. D. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Butcher moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. E. APPOINTMENT OF MAYOR YOUNG TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Nelson moved, seconded by Butcher, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. F. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION Neal noted Mayor Young served on the Southwest Corridor Commission in 2006. MOTION: Butcher moved, seconded by Aho, to approve appointment of Councilmember Nelson to Southwest Corridor Commission. Motion carried 5- 0. G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION Neal noted Councilmember Case served on the Southwest Cable Commission from 2002 to 2006. MOTION: Nelson moved, seconded by Butcher, to approve appointment of Councilmember Aho to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION Neal noted Mayor Young served on the Eden Prairie Foundation in 2004, 2005 and 2006. Young explained he would serve out the end of the Foundation's fiscal year, through the end of May, and then step down so another Councilmember could be appointed. MOTION: Nelson moved, seconded by Butcher, to approve appointment of Mayor Young to the Eden Prairie Foundation through May 31 st, 2007. Motion carried 5-0. CITY COUNCIL MINUTES January 2, 2007 Page 5 I. APPOINTMENT TO I-494 CORRIDOR COMMISSION Neal noted Councilmember Aho served on the I-494 Corridor Commission in 2005 and 2006. MOTION: Butcher moved, seconded by Nelson, to approve appointment of Councilmember Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Neal noted Mayor Young served on the City and School Facilities Use Task Force in 2003, 2004, 2005 and 2006. MOTION: Aho moved, seconded by Nelson, to approve appointment of Councilmember Nelson to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF EDEN PRAIRIE CITY COUNCIL REPRESENTATIVE TO SOUTHWEST TRANSIT BOARD FOR A THREE-YEAR TERM Neal said it is necessary for the City Council to appoint a Council Representative for a three-year term to end December 31, 2009. Mayor Tyra-Lukens served as the Council Representative from 2004 to 2006. MOTION: Butcher moved, seconded by Aho, to appoint Councilmember Duckstad to the Southwest Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31, 2009. Motion carried 5-0. L. APPOINTMENT OF ASSISTANT WEED INSPECTOR Neal explained under state statute, the Mayor is considered the City Weed Inspector. Each year the City appoints the Assistant Weed Inspector under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81, to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. MOTION: Nelson moved, seconded by Butcher, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. M. APPOINTMENT OF EDEN PRAIRIE CITIZEN REPRESENTATIVE TO SOUTHWEST TRANSIT BOARD FOR A THREE-YEAR TERM Neal explained Eden Prairie appoints a Citizen Representative as well as a City Council Representative to the Southwest Transit Board. Former Mayor Nancy Tyra-Lukens has served on the Southwest Transit Board in the past. CITY COUNCIL MINUTES January 2, 2007 Page 6 MOTION: Butcher moved, seconded by Nelson, to appoint Nancy Tyra-Lukens to the Southwest Transit Board as the Eden Prairie Citizen Representative for the remainder of a three-year term to end December 31, 2008. Motion carried 5-0. N. APPOINTMENT OF EDEN PRAIRIE CITY COUNCIL REPRESENTATIVE TO THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Neal noted Butcher is being reappointed to this position. MOTION: Nelson moved, seconded by Aho, to appoint Councilmember Butcher as a trustee of the League of Minnesota Cities Insurance Trust. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Construction Management Services Contract for Community Center Expansion/Round Lake Park Improvements/Birch Island Park Improvements Neal reported on the item since Lambert was attending the Parks Commission meeting. Due to the complexity of the Community Center expansion project caused by the requirement to keep the building operating during construction, meet all of the deadlines to accommodate school use and the fact that it must be coordinated with the Round Lake Park improvements to the Community Center parking lot, the relocated baseball field, and the construction of the NURP pond, as well as the Birch Island Park improvement project, staff is recommending the use of a construction manager for this project. This approach would provide better control of costs,better analysis of the complex bid packages which include many alternates, advantages in staging the project to accommodate ongoing use of the pool and ice rinks, and a"not to exceed" cap on construction costs. The City interviewed four construction management companies, received proposals ranging from$711,718 to $1.2 million, and is recommending RJM at a fee not to exceed $711,718 for this project. Funds come from the project itself and would otherwise have been incorporated into a general contractor's fees. CITY COUNCIL MINUTES January 2, 2007 Page 7 Neal said the contract would look different from a typical public building contract and would include many subcontractors. Rosow referred Councilmembers to the packet for an itemization of costs. Each item would be competitively bid. The current amount at risk is $13,000, which is the amount budgeted for the construction manager to suggest adjustments to the plans to promote buildability and to assist the City and architect through the bidding process. The construction manager would then give a guaranteed price which the Council could accept or reject. The construction manager understands his fee is part of the total cost. Nelson asked if RJM had a good record for on-time, quality work. Rosow said the architect had contacted references and met RJM staff several times, and felt confident of their quality. Aho asked for clarification—would RJM take responsibility for the cost through the "not to exceed"provision? Rosow said yes. There are different types of construction manager agreements, and this is a hybrid agreement providing advisement plus a guaranteed price as the constructor. Cost changes within the scope of the project would be the construction manager's responsibility. Should there be changes to the costs that no one could have foreseen,responsibility for those costs would be negotiated. Aho asked how the City can ensure quality is maintained if the construction manager comes under cost pressure. Rosow said the architect has the responsibility to inspect and see that all plans and specifications are carried out. Neal said City building inspectors would also be involved in reviewing work quality. MOTION: Aho moved, seconded by Butcher, to approve the Construction Management Services contract with RJM for the Community Center expansion/Round Lake Park Improvements /Birch Island Park improvement project. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:32 p.m.