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City Council - 12/03/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 3, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Mark Johnson and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:25 PM. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Young added Item XIV.A.2. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 13, 2007 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, November 13, 2007, as published. Motion carried 4-1-0 with Butcher abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2007 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the Council Meeting held Tuesday, November 13, 2007, as amended. Motion carried 4-1-0 with Butcher abstaining. C. SPECIAL COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 2007 Mayor Young noted the meeting day should be Thursday, not Tuesday. CITY COUNCIL MINUTES December 3, 2007 Page 2 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the Special Council Meeting held Thursday, November 15, 2007, as amended. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE POINTE ON LAKE RILEY — LEU Second Reading of Ordinance 25- 2007-PUD-11-2007 for Planned Unit Development District Review with waivers and Zoning District Amendment within the R1-22 Zoning District on 2 acres. (Ordinance No. 25-2007-PUD-11-2007 for PUD District Review with waivers and Zoning District Amendment) C. GROOTWASSINK Second Reading of Ordinance 26-2007-PUD-12-2007 for Planned Unit Development District Review and Zoning District Amendment within the Rural Zoning District on 7.88 acres. (Ordinance No. 26-2007-PUD-12-2007 for PUD District Review and Zoning Amendment) D. ADOPT RESOLUTION NO. 2007-124 APPROVING FINAL PLAT OF THE GROOT ADDITION E. ADOPT RESOLUTION NO. 2007-125 APPROVING FINAL PLAT OF THE POINTE ON LAKE RILEY 2ND ADDITION F. APPROVE AGREEMENTS TO PROVIDE INSURANCE REIMBURSEMENT OPPORTUNITY FOR COMMUNITY CENTER MEMBERS G. ADOPT RESOLUTION NO. 2007-126 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES FOR 2008 H. APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT FROM ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES FOR WELL#16 DESIGN AND CONSTRUCTION MANAGEMENT I. APPROVE CHANGE ORDER NO. 1 FOR THE TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS, I.C. 07-5691 J. AWARD CONTRACT FOR CONSTRUCTION OF WASHINGTON AVENUE LIFT STATION TO PARK CONSTRUCTION CO., I.C. 06-5685 (RESOLUTION 2007-127) K. ADOPT RESOLUTION NO. 2007-128 VACATING THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 1 THROUGH 3 INCLUSIVE, BLOCK 1, THE POINTE ON LAKE RILEY, VACATION 07-09 CITY COUNCIL MINUTES December 3, 2007 Page 3 L. AWARD BID FOR PURCHASE OF 800 MHZ TRUNKED RADIO SUB- SYSTEM (DISPATCH CONSOLES) TO MOTOROLA,INC. M. AWARD BID FOR PURCHASE OF PUBLIC SAFETY ANSWERING POINT THREE-POSITION CONSOLE CONFIGURATION TO WATSON DISPATCH CENTER MOTION: Butcher moved, seconded by Duckstad, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 1 AND LOT 2, BLOCK 1, LARIAT CENTER, VACATION 07-08 (RESOLUTION NO. 2007-129) Neal said official notice of this public hearing was published in the November 15, 2007, Eden Prairie Sun Current and sent to five property owners. The property owner has requested the vacation of a part of the drainage and utility easement over part of Lot 1 and Lot 2, Block 1, Lariat Center to facilitate a building expansion. The easement was originally dedicated to cover the City owned water main. The water main has been relocated and a new easement has been dedicated. Dietz noted this is the easement that allows the connection between the Punch Pizza building and the Chevy's building. There were no comments from the audience. MOTION: Butcher moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2007-129 vacating part of the drainage and utility easement over part of Lot 1 and Lot 2, Block 1, Lariat Center. Motion carried 5-0. B. 2008-2012 CAPITAL IMPROVEMENT PLAN (RESOLUTION NO. 2007- 130) Neal said official notice of this public hearing was published in the November 22, 2007, Eden Prairie Sun Current. In 2003, the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. The law requires a public hearing and council adoption of the plan. Also, it is a good management practice to prepare and adopt a capital improvement plan. Kotchevar gave an overview of the 2008-2012 CIP. She said the objective is to plan for capital maintenance and improvements by preparing a capital improvement plan, to provide consistent investment in City equipment, CITY COUNCIL MINUTES December 3, 2007 Page 4 facilities and infrastructure, and to preserve and expand capital in a way that is sustainable and affordable for Eden Prairie citizens. She noted the total for the CIP is $226,000,000 and the largest portion of the plan is for transportation projects. She said the two funding sources for the capital improvement fund are the tax levy and the liquor store profits. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the public hearing and to adopt Resolution 2007-130 approving the 2008 to 2012 Capital Improvement Plan. Motion carried 5-0. Council Member Butcher left the room at 7:30 PM. C. FIRST READING OF UPDATES TO THE FEE SCHEDULE ORDINANCE RELATING TO ADMINISTRATION OF OFFICIAL CONTROLS Neal said official notice of this public hearing was published in the November 15, 2007, Eden Prairie Sun Current. This Ordinance establishes a fee schedule for the City's costs of administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an "Official Control" as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing and to approve 1St Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL MINUTES December 3, 2007 Page 5 A. REPORTS OF COUNCIL MEMBERS 1. Dunn Bros. Lease - Aho Aho said there is nothing to discuss on this item at this point because the lease is signed. 2. Chanse Council Meeting Protocol - Young Young said he would like to propose a change to the way the Council meetings are started. A couple of months ago he met with Mr. Neal and asked him to make some preliminary plans for the change. He said he would like to add to the formality of how we begin the Council meetings by asking scouting organizations in town to present the colors. He thought this would be a nice way to begin our meetings, and it would be a good way to further introduce the kids to our process. Council Member Butcher returned to the meeting at 7:40 PM. Butcher thought it was a great idea. Aho thought this is a wonderful idea and would be good for the community and good for the youth in the community to be a part of City government. Nelson agreed that it would be fun for the kids to do and fun for the parents to have them take part. Neal said when Mayor Young brought this to his attention he made a quick inquiry to a couple of scouting groups and they were very interested in this. He didn't want to go any further with plans until the Council had a general discussion about it, but he will now develop a protocol and a schedule and will shoot to begin in January. B. REPORT OF CITY MANAGER 1. Meeting with Vice Mayor Xintao Xiao Neal said he recently met with Vice Mayor Xintao Xiao from the City of Loudi. She is the Vice Mayor for Education in Loudi. She presented the City with a panel of fabric and a painting, and those items will be displayed at City Hall. 2. Set Date for 2008 Planning Retreat Neal said he hopes to schedule the retreat soon and needs to get an idea of Council Members' availability. He thought it could be a six-hour time period on a Friday or Saturday in January. The discussion at the retreat would center on the new comprehensive land use plan or Guide Plan. He CITY COUNCIL MINUTES December 3, 2007 Page 6 said staff hopes to draw a lot of policy guidance from the Council discussion about the new plan. Council Members agreed on Saturday, January 19, 2008, as the date for the Planning Retreat. Neal said he will supply more details later. 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 XV. OTHER BUSINESS Nelson asked to discuss an item that should have been included under Reports of Council Members Reports. She attended the regional meeting of the League of Minnesota Cities last week, and they are encouraging all councils to have a workshop or discussion of their Emergency Management Plans on subjects such as bird flu. She said they also urged the cities to take this to a public discussion. She would like to see that put on our workshop agenda sometime in the next several months. Neal said he would be happy to do that, and will work with Fire Chief Esbensen to schedule that for one of our workshops in early 2008. XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:45 PM.