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City Council - 06/17/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 17, 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. Council Member Nelson was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 342, Eden Prairie United Methodist Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said the information in the packets regarding Item VIILF. of the Consent Calendar has been replaced. Rosow said they added an addendum to the standard form of owner/architect contract that the engineer requested. Rosow noted there is also a change on Item VIII.K. of the Consent Calendar to replace the proposal of the contractor by deleting their general conditions and all references to it. Young noted Item VIII.O. has been removed from the Consent Calendar because Council Member Nelson would like discuss it and she was not able to attend tonight's meeting. Butcher added Item XIV.A.2. Report on June 12 Ceremony. Neal added several items under Item XIII.B. REPORT OF CITY MANAGER. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 4-0. V. PROCLAMATIONS /PRESENTATIONS A. RECOGNITION OF NEW CERT VOLUNTEERS Assistant Chief of Emergency Preparedness Kip Springer said they want to recognize 13 individuals in our city for their dedication in completing the Community Emergency Response Team (CERT) program and also for their CITY COUNCIL MINUTES June 17, 2008 Page 2 commitment to the City of Eden Prairie. He gave a PowerPoint presentation about the CERT program, noting this is the fifth anniversary of the program which was started in 2003 with 38 members. He said their target was to get to 100 members and, with the addition of these new volunteers, we now have 104 members. He reviewed the disaster training program the CERT members go through. Captains Stein, Liddell and Carlson introduced the 13 new volunteers, and Mayor Young, Chief Esbensen and Assistant Chief Springer presented certificates to each of them. Young noted it is a highlight for the City Council to recognize the CERT volunteers and thanked them for their service. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 3, 2008 MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, June 3, 2008, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 3, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, June 3, 2008, as published. Motion carried 4- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2008 AMENDING CITY CODE SECTION 3.30 RELATING TO WATER SERVICE C. APPROVE SECOND READING OF ORDINANCE NO. 16-2008 AMENDING CITY CODE SECTIONS 9.70 AND 9.71 RELATING TO PROCEDURES FOR DISEASED TREES AND HERBACEOUS VEGETATION ABATEMENT AND AMENDING CITY CODE SECTION 2.32 RELATING TO EMPLOYEES WHO MAY ISSUE CITATIONS AND ADOPT RESOLUTION NO. 2008-63 APPROVING SUMMARY ORDINANCE D. ADOPT THE 2008 GOOSE MANAGEMENT PLAN E. AUTHORIZE RENEWAL OF PRAIRIE VIEW LIQUOR STORE LEASE FOR ONE YEAR F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL PROCESS INC. (EPI) FOR WATER TREATMENT PLANT ROOF REPLACEMENT PROJECT CITY COUNCIL MINUTES June 17, 2008 Page 3 G. APPROVE AGREEMENT WITH SRF CONSULTING FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION OF LOWER MINNESOTA RIVER WATERSHED DISTRICT STUDY AREAS 1 AND 2, I.C. 07-5698 H. APPROVE CONTRACT WITH FORTIN CONSULTING FOR SHORELAND RESTORATION SERVICES FOR MITCHELL LAKE ASSOCIATION, I.C. 06-5679 I. CHANGE ORDER FOR IMPROVEMENTS AT BIRCH ISLAND WOODS PARK, ROUND LAKE BASEBALL STADIUM AND COMMUNITY CENTER IMPROVEMENTS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION PHASE SERVICES FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION INC. FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 L. ADOPT RESOLUTION NO. 2008-64 AWARDING CONSTRUCTION CONTRACT TO S.M. HENTGES & SONS, INC., FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 M. APPROVE PHASE II NPDES STORMWATER PERMIT PROGRAM ANNUAL REPORT, I.C. 02-5585 N. LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE, I.C. 99-5501 O. ACCEPT THE ADAPTIVE USE STUDY OF THE JOHN R. CUMMINS HOUSE AND DIRECT STAFF TO BEGIN MARKETING A PORTION OF THE SITE FOR A HOSPICE WITH THE REMAINDER PUBLIC (removed) MOTION: Duckstad moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES June 17, 2008 Page 4 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS FOR 2008/2009 SCHOOL YEAR Mike Barone, Assistant to the City Manager, described the recruitment of the students and the process used internally to assign students to the commissions. He said the recruitment period for the 2008 —2009 Students on Commission program began on May 8, 2008, and ended on June 6, 2008, with 15 applications received. A new addition to the Students on Commissions program this year is to place students on the Flying Cloud Airport Advisory Commission for the first time. The Students on Commission program year has the following dates for the terms mentioned in the appointments - - the Fall term dates are September 2008 through December 2008, while the Winter/Spring term dates are January 2009 through April 2009. Barone said student commission members will attend all monthly meetings for the commission they are appointed to. Since the Flying Cloud Airport Advisory Commission meets every other month, student commission members appointed to that commission will attend meetings in September 2008, November 2008, January 2009, and March 2009, and any other special meetings that may be called by that Commission during the program year. An orientation session will be held for all student representatives during the last week of August 2008, where information on City government, the City Council, as well as Commission structure and function will be presented. MOTION: Duckstad moved, seconded by Butcher, to appoint Nicole Garbowicz and Katy Johnson for both the Fall &Winter/ Spring terms on the Arts and Culture Commission during the 2008 —2009 program year. Motion carried 4-0. MOTION: Butcher moved, seconded by Duckstad to appoint Vallari Ajgaonkar, Alexandra Baumhardt, and Michael Caughill for both the Fall &Winter/Spring terms on the Conservation Commission during the 2008 —2009 program year. Motion carried 4-0. MOTION: Aho moved, seconded by Duckstad, to appoint Michael Dennis and James Maslyn for both the Fall & Winter/Spring terms on the Flying Cloud Airport Advisory Commission during the 2008 —2009 program year. Motion carried 4-0. MOTION: Duckstad moved, seconded by Aho, to appoint Frank Bi and Stephanie Vilendrer for both the Fall & Winter/Spring terms on the Heritage Preservation Commission during the 2008 —2009 program year. Motion carried 4-0. MOTION: Butcher moved, seconded by Duckstad, to appoint Ummul Kathawalla, Adam Liter, and Nelum Madanayake for both the Fall &Winter/Spring terms on the Human Rights and Diversity Commission during the 2008 —2009 program year. Motion carried 4-0. CITY COUNCIL MINUTES June 17, 2008 Page 5 MOTION: Aho moved, seconded by Duckstad, to appoint Andrew Baker, Marie Loeffelholz, and Michael Powell for both the Fall &Winter/Spring terms on the Parks, Recreation, and Natural Resources Commission during the 2008 —2009 program year. Motion carried 4-0. Young thanked all those who expressed interest in serving on the commissions. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. GEARS Board Meeting—Mayor Young Young said the process is now underway among all the metropolitan area counties to create the governing body that will be responsible for some of the sales tax proceeds that will result from the recent sales tax increase. Various counties have been designated a certain number of representatives. Hennepin County will have a permanent appointee, and there are two other positions open for representatives from Hennepin County to apply for. Each city designates one elected official as a candidate, and each city has one vote for the members of the board at the vote to be held on July 21. He asked if any City Council Member was interested in being a candidate for the Board or was interested in representing Eden Prairie at the election in St. Paul. He said he does not have a strong interest in serving,but he wanted to advise the Council of the opportunity He noted we don't have to make a decision today,but we will probably need to decide by the first meeting of July. 2. Report on June 12 Ceremony— Council Member Butcher Butcher said she attended the swearing-in ceremony of 19 new firefighters for the City of Eden Prairie on June 12. She said by adding 19 new firefighters to our fire service we now have issued 256 badges since the fire service was started in 1967. She said the ceremony included thanking one firefighter who is retiring this year. She said the fire service really demonstrates we are a community that cares and we have individuals who are committed to the City of Eden Prairie and to our public safety. She thanked Fire Chief Esbensen for his remarkable leadership. Young said the entire City Council feels very strongly and is very appreciative of the efforts of our volunteers and full time staff in public safety which he considers to be the most critical function of city government. He thanked Council Member Butcher for attending the ceremony and said it was unfortunate that he and the other Council members were unable to attend the ceremony because it was held the same night as the Flying Cloud Airport Advisory Commission meeting. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES June 17, 2008 Page 6 1. Report on Proposed Highway 169 Corridor Commission Neal said there was a meeting in Jordan the week before last of local elected and appointed officials who are interested in establishing a Hwy 169 Corridor Commission. The commission would have goals and structure similar to the SouthWest Corridor Commission and would include cities along Hwy 169 from Minnetonka to Mankato. He said there were between 60 and 70 elected officials at the meeting including a number of state representatives and Senator Hann. A group of volunteers will look at establishing the commission and will come back with a proposal to all the cities along the corridor. He said it was particularly interesting that most of those attending the meeting recognized that major improvements to the Hwy 169 and 494 intersection area are the lynch pin in freeing up Hwy 169 capacity. He said he will keep the Council updated as the commission continues to develop. 2. Report on Flying Cloud Airport Advisory Commission Public Meeting Neal said he and Mayor Young attended the meeting along with Council Members Aho and Nelson. He said the purpose of the meeting was to inform the residents around the airport about what is happening with airport improvements that will start this summer. He said there were a few individuals who wanted to reopen the discussion about whether we need the airport or not,but that wasn't the purpose of the meeting. He noted MAC staff did a nice job, as did Rich King who facilitated the meeting 3. Petition from Nei!hborhood on Kroywood Pond Neal said the Council Members have a copy of a petition from Tom McNulty and his neighbors who live on Kroywood Pond. Mr. McNulty raised the question whether the City will care for a storm water retention pond the same way we care for a lake. The answer to the question is we don't manage the ponds to the same lake quality efforts as lakes. He noted this is a request we receive from different homeowners associations every year. Staff will pull together some cost estimates of what it would cost to do all or a percentage of our ponds every year and will provide those numbers by the next Council meeting. 4. "150 Years of Community" Cup Neal said the "150 Years of Community" commemorative cup celebrates the sesquicentennial and will be for sale at various community events and also at the front desk at City Hall. The $6.00 price will enable us to recover the costs of the cup. 5. Letter from Resident on Sandrid2e Road Neal said we received a letter from the resident at 6991 Sand Ridge Road in May thanking and commending the City for the work of seeding and CITY COUNCIL MINUTES June 17, 2008 Page 7 application of sod in the area of their lawn hit by a snowplow last winter. The resident called street maintenance on May 7 and talked to a very pleasant employee who took the information and thanked the resident for calling about the situation. The work was completed by May 9, and the employees who installed the sod were also very nice. The resident thought the turn-around time for the service was very impressive. 6. Trading Jobs on Kare-11 TV Neal said he will be part of the feature "Job Swap with Rena" that is done by Rena Sarigianopoulos for Karel TV. Ms Sarigianopoulos will take over his job tomorrow, and next week he will try to do her job on early morning TV. Young said he wanted to comment further on the issue of the Flying Cloud Advisory Commission meeting. He was glad we held the meeting because the airport is and will continue to be an important issue for the City. He noted the expansion isn't our project,but the reality is it will happen within our borders and it is an important issue for our residents. Public service events such as the one last week are what local government is all about. He was glad that MAC provided some key staff to the event so questions could be answered. He thought it will be important that we have the details at hand as we go through the summer and fall and they begin the runway expansion. He said he is still getting calls from people who attended last week's meeting and he thought, given the nature of the airport expansion, it is important that we remain available at all times to provide the latest information. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Art Center Fundraising Update Lotthammer said several Council meetings ago he committed to giving periodic reports on the progress of the Art Center. Last Thursday there was a front page article in the Eden Prairie News about the Art Center and the fundraising needs. Since the article appeared he has received several phone calls, and several people are very enthused about serving on the committee to help raise funds. Staff is planning an event on July 9 at 6:00 PM at the Art Center that we hope will be the kickoff of a committee to take us forward into full-fledged fundraising events and activities. Staff is in the process of applying for a grant from the SuperValu Foundation. The Eden Prairie Foundation has agreed to be the financial arm of the fundraising. They will accept donations and keep them in an account. We are also soliciting the Lions Club with a letter request for some of their quarterly rewards. Lotthammer said Mayor Young asked at the June 3 meeting what the goal might be. Staff has identified about$326,000 of individual projects and CITY COUNCIL MINUTES June 17, 2008 Page 8 items that need to happen in order to convert the building from a private to a public facility. Our long term goal is to bring art and art programs to the community at a reasonable price and to make it accessible to all. He said Dan O'Brien, project architect,has a rough design and within a week will have a final design that can be taken out for bids. We are moving forward and anyone who would like to be involved in the committee should give him a call. Young thanked Mr. Lotthammer for a very good report. He said Mr. Neal had informed him of the progress on the Art Center and also on the progress being made towards a permanent structure for the telescope. He thought people and businesses in this community do step up and are interested in giving back to the community. Duckstad thanked him for the report, noting it was helpful to have the information as it goes along. 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: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 7:45 PM.