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City Council - 05/20/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 20, 2008 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 Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Girl Scout Cadet Troop 10651, Prairie Star Service Unit, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS A. HUMAN RIGHTS AWARDS Cari Maguire, Chair of the Human Rights and Diversity Commission, thanked the City Council for sponsoring the Human Rights Awards. She said the Commission was very impressed by the caliber of the volunteers nominated this year. 2007 Non-Profit Recipients Council Member Aho said the recipients of the 2007 Human Rights Award for a Non-Profit group are Eden Prairie United Methodist Church, Prairie Lutheran Church, Pax Christi Catholic Community and the American Muslim Community Center. He said the four organizations joined together to provide leadership and planning for the 2007 Interfaith Worship Service that was held in late November at Pax Christi. The Interfaith Worship Service began in 2006 and was continued in 2007. It was a community activity that brought together hundreds of people of different faiths and beliefs to celebrate the commonalities held by all people and promote peace, tolerance and awareness. CITY COUNCIL MINUTES May 20, 2008 Page 2 Mayor Young and Ms Maguire presented plaques to representatives of the four non-profit organizations. 2007 Individual Recipients Council Member Butcher said two of the recipients of the 2007 Human Rights Award for an Individual are Mary Jane and Basil Wissner. She said the Wissners are long time residents of Eden Prairie who have brought their signature traits of dedication, hard work and joyous spirit to every group with whom they have volunteered over the years. The Wissners have volunteered at PROP for more than four years and they started a program to pick up surplus food products from local markets and distribute them throughout the community. The Wissners also volunteer at Edendale where they help frail elderly people maintain independence by assisting them with riding on the shopping bus. Council Member Aho said another recipient of the 2007 Human Rights Award for an Individual is Ali Turner. He said Ms Turner is the Senior Youth Services Librarian with the Hennepin County Library, Eden Prairie Branch. She has worked in outreach for youth and immigrant programs and has helped to bring about a greater understanding of the services and resources the library has to offer. She works in a truly collaborative spirit with staff from the School District, the City of Eden Prairie, social services providers and others to make the library a welcoming place for all to enjoy. Mayor Young and Ms Maguire presented plaques to the three recipients. 2007 Business Recipient Council Member Butcher said Thunder Communications Design is the recipient of the 2007 Human Rights Award for a Business. She said Jody Russell, owner of Thunder Communications Design, designs and maintains websites for grass roots organizations in Eden Prairie such as the PROP Shop, ABC Foundation, and the Foundation for Eden Prairie Schools. Mayor Young and Ms Maguire presented a plaque for Thunder Communications Design to Ms Jody Russell. Mayor Young thanked all the recipients of the awards for their hard work. B. MARY HILL SMITH—METROPOLITAN COUNCIL UPDATE Mary Hill Smith said she is the representative to the Metropolitan Council from the 3rd District which includes Eden Prairie. She reviewed the progress made by the Metropolitan Council during the last year which included funding for the Northstar Commuter Rail line, the start of engineering for the Central Corridor Light Rail Transit, obtaining a grant for improvements to transit in two major corridors, and gaining approval for a Parks Foundation. She said the goals for the Metropolitan Council are to improve the regional transportation system, to work with local communities to accommodate growth, to maximize the effectiveness of their CITY COUNCIL MINUTES May 20, 2008 Page 3 services, infrastructure and investments, and to protect and enhance our natural resources. This year the Metropolitan Council is updating the Transportation Policy Plan and will review the updates to the communities' Comprehensive Plans. Butcher asked when we might get light rail in the Southwest Corridor. Ms Smith said it is projected to be in the 2020's,but they hope to get started by 2014. She said the Southwest Corridor line is now listed as a Tier 2 system and needs to be moved up to Tier 1 to get the project going. Nelson said we are very interested in light rail and a lot of our businesses would like to have had it in place yesterday. She thought it was important to come where the businesses and jobs are, and we want to get to Tier 1 status as soon as possible to move this along. Mayor Young thanked Ms Smith for her update and for her representation on the Metropolitan Council. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, May 6, 2008, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Ann Higgins, Vice Chair of the Heritage Preservation Commission, reviewed the events and projects on which the commission is currently working. Items included in the work plan are the sesquicentennial planning,reuse of the J. R. Cummins property, and the completion of four preservation plans with the funding provided by a CLG grant from the State Historical Society. Mayor Young thanked her for her presentation. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE MARKETPLACE Second Reading of Ordinance 13-2008- PUD-6-2008 for Planned Unit Development District Review and Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Resolution 2008-54 for Site Plan Review on 1.25 acres. Location: Valley View Road & Prairie Center Drive. (Ordinance No. 13-2008-PUD-6-2008 for PUD District Review and Zoning District Change; Resolution No. 2008-54 for Site Plan Review) CITY COUNCIL MINUTES May 20, 2008 Page 4 C. UNITEDHEALTH GROUP AUAR UPDATE AND PUD AMENDMENT Location: SE Quadrant of Shady Oak Rd & TH 62. (Resolution No. 2008-55 for AUAR) D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER & ASSOCIATES FOR MILLER PARK PLAY AREA E. REJECT BIDS FOR GARDEN ROOM ROOF REPLACEMENT F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 G. AMEND CONSERVATION EASEMENT OVER LOTS 2 THROUGH 5, BLOCK 5 WILLIAMS PLACE H. APPROVE AUCTION OF SURPLUS VEHICLES AND EQUIPMENT I. APPROVE RENEWAL OF MIDWEST ASPHALT LAND ALTERATION PERMIT J. APPROVE CHANGE ORDER NO. 1 FOR WASHINGTON AVENUE LIFT STATION K. APPROVE REVISED BYLAWS OF EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION L. APPROVE LAND ALTERATION PERMIT FOR PHASE I OF THE FOWLER PROPERTY LAND MANAGEMENT PLAN, I.C. 08-5727 M. AWARD CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES TO THE OASIS GROUP N. AWARD THE BID FOR TWO ICE RESURFACERS FOR COMMUNITY CENTER TO FRANK J. ZAMBONI & CO., INC. O. ADOPT RESOLUTION NO. 2008-56 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT MOTION: Aho moved, seconded by Duckstad, to approve Items A-O on the Consent Calendar. Nelson asked to discuss Item D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER & ASSOCIATES FOR MILLER PARK PLAY AREA. Neal suggested the item be moved to Item XIV. D. REPORT OF PARKS AND RECREATION DIRECTION. AMENDMENT TO MOTION: Aho amended the motion to approve Items A-C and E-O on the Consent Calendar. Duckstad seconded the amendment. CITY COUNCIL MINUTES May 20, 2008 Page 5 VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. Young said we often use the Consent Calendar for routine, housekeeping type items but he wanted to make special note of Item C. UNITEDHEALTH GROUP AUAR UPDATE AND PUD. He asked representatives of UnitedHealth Group who were present if they would like to share comments on this item. Dennis Spalla, Senior Director of Real Estate Services at UnitedHealth Group, thanked the Mayor, City Council, Planning Commission and City staff for making the project achievable and noted this is just a first step in the development. IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2007 Comprehensive Annual Financial Report (CAFR) Neal said Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. Preparation of the report is largely the work of the Finance Division under the direction of CFO Sue Kotchevar. The report is prepared with review by the independent auditing firm of Malloy, Montague, Karnowski, Radosevich, & Co.,P.A. William Lauer, Principal with Malloy, Montague, Kamowski, Radosevich, & Co., P.A., gave a Powerpoint presentation of the 2007 CAFR. He noted the responsibility for the data rests with the City and his firm's primary role is to review the data and gives an opinion whether that data fairly represents the city's financial position for the year under audit. Because the City earned over $500,000 in federal awards this year, a separate audit of expenditures for those awards is required. CITY COUNCIL MINUTES May 20, 2008 Page 6 Mr. Lauer said they have given a clean opinion without exception on the Basic Financial Statement and a clean opinion on the Federal Single Audit. They found two minor items for attention, specifically providing for additional segregation of the payroll duties and another layer of review for that process and additional auditing of payables. He said the controls and records were excellent, and the process was very efficient and thorough. Mr. Lauer reviewed the City's revenue sources and expenditures and the status of the City's General Fund and other operating funds. MOTION: Butcher moved, seconded by Aho, to accept the 2007 Comprehensive Annual Financial Report(CAFR). Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Approve Professional Services Agreement With Brauer & Associates for Miller Park Play Area (Moved from Item VIII. Consent Calendar) Lotthammer said this year's budget included money for playground replacement at Red Rock Park and Miller Park in order to bring them back up to safety standards and quality. Miller Park is a fairly large facility that gets a lot of use. He said they decided to look at Miller Park with a Master Plan that has three separate phases. Phase 1 of the Miller Park Plan primarily addressed the preschool type of equipment that was built with a pressboard material that hasn't stayed well over time. At the suggestion of a resident, Mike Garvin, they decided to take the ADA standards to another level and make the equipment "boundless," in order to have it accessible to those in wheelchairs. Mr. Garvin committed to do fundraising for the project, and, once the master plan is laid out, will go out and sell this as a fundraising concept. Lotthammer said they structured the bidding process so that we would have some alternates in order to be flexible to see how the fundraising ramped up. The theme in the master plan would make it a more nautical theme. They also plan to take care of some drainage problems. He said the agreement requested would allow Brauer & Associates to do the plans and specifications and would also allow them to do the construction management for the project. Staff will come back to the Council with the bids, and we will see how the financing would work at that point. Nelson said she had some concerns about the information she received that indicated the play equipment wasn't as safe as it could be. She asked if Phases 2 and 3 will be fully safe. Lotthammer said Phases 2 CITY COUNCIL MINUTES May 20, 2008 Page 7 and 3 have more of the traditional metal pieces, and we have been able to get parts for those pieces. They are still in fairly good shape but are starting to get to the end of their life span. He didn't recommend replacing them at this time. It is the pressboard material that has deteriorated over the past 14 years. Nelson asked when Phases 2 and 3 will happen. Lotthammer said Phase 2 is scheduled for 2011 and Phase 3 for 2012 or 2013. Nelson said she wanted to make sure we weren't letting something go that we should be dealing with. MOTION: Nelson moved, seconded by Butcher, to approve the Professional Services Agreement with Brauer & Associates for the Miller Park Play Area. 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 8:05 PM.