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City Council - 01/20/2009 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, 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 7:10 PM after the HRA meeting was adjourned. All Council Members were present. Mayor Young commented on the orderly transition of power at today's inauguration event. On behalf of the City Council, he thanked President Bush for his service and gave his best wishes to President Obama. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS A. DR. MARTIN LUTHER KING,JR. PROCLAMATION Mayor Young read a proclamation proclaiming 2009 as a year to celebrate human rights and diversity. Cari Maguire, Chair of the Human Rights & Diversity Commission, was present for the reading of the proclamation. Ms Maguire said there will be two events in the City of Eden Prairie in celebration of Black History month and both of them are productions of the Mixed Blood Theatre. She invited Council Members to attend the two events scheduled for February 7 and February 22 at the Eden Prairie United Methodist Church. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2009 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, January 6, 2009, as published. Motion carried. CITY COUNCIL MINUTES January 20, 2009 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2009 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, January 6, 2009, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 2009-12 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA C. RECEIVE THE 2008 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES E. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT'S AUTO SERVICE FOR 2009 F. APPROVE THE JOINT POWERS AGREEMENT FOR THE TYPE 3 ALL HAZARD INCIDENT MANAGEMENT TEAM G. ADOPT RESOLUTION 2009-13 AUTHORIZING THE DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND BY HENNEPIN COUNTY H. ADOPT RESOLUTION 2009-14 AMENDING RESOLUTION 2009-07 DESIGNATING OFFICIAL MEETING DATES, TIMES AND PLACE FOR CITY BOARDS AND COMMISSIONS I. ADOPT RESOLUTION 2009-15 RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT MOTION: Duckstad moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Duckstad, to approve the Payment of Claims as CITY COUNCIL MINUTES January 20, 2009 Page 3 submitted. Nelson said she would like to have staff look into including a short explanation of some items that may be over $500,000-600,000. She thought a sentence or two of explanation would be nice to have for some of the rather large amounts of money that come through the Payment of Claims. Young asked if she would establish a dollar threshold. Nelson thought certainly anything over$500,000, and perhaps less. Case asked if this might not be better talked about briefly at a workshop meeting. He still has concerns about inflated numbers in the Payment of Claims because of the inclusion of liquor money ins and outs. Young asked if staff could schedule that. Neal said he would. Nelson said that would meet her needs. Young thought we could discuss it and find out about the limitations of the software. VOTE ON THE MOTION: Motion was approved on a roll call vote, with Aho, Case, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT POLICY ADVISORY COMMITTEE Neal said staff thought we had Council Member Nelson duly appointed to this committee,but we did not include it last time. He said Council Member Nelson served as the representative to the Southwest Light Rail Transit Policy Advisory Committee in 2008. Community Development Director Janet Jeremiah served as the alternate. The requested action reaffirms their ongoing appointments as representative and alternate to the SWLRT PAC. MOTION: Duckstad moved, seconded by Aho, to reappoint Council Member Nelson as the City of Eden Prairie's representative and Community Development Director Janet Jeremiah as the alternate to the Southwest Light Rail Transit Policy Advisory Committee for 2009. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Discussion Rmardins! Issues Raised During Campaisn— Case Case said at the last meeting he suggested Mr. Aho and he get together to discuss issues raised during the campaign. The two of them have not yet been able to get together, and he wondered if the Council might be comfortable with having staff look into the 10-12 lots on the northeast side CITY COUNCIL MINUTES January 20, 2009 Page 4 of Red Rock Lake which was one of the key issues he brought up last time. He thought staff might be able to spend some time on those lots without spending a lot of time on other outlots around the City. Young asked to what end. Case said to determine if it makes sense to sell the area of trail easement to the property owners,possibly with deed restrictions, or if that is not something we should be dealing with now. Young said he remembered the prior Council discussion, and he recalled Mr. Lambert had very strong feelings that the sale of open space would set a precedent. He was okay with staff taking a look at it and running it through the Park and Recreation Commission,but he thought it may be a slippery slope. Case said it may be an issue that we don't want to do;however, it is not typical open space and involves land that was set aside in a development deal 30 years ago that was never finalized. He thought if we sold it we would have to restrict it carefully to avoid the issue of the slippery slope, but he would like to see us address it because of the number of residents who approached him on the issue. Neal said staff could do an archival search to see what we have produced for previous Councils, and then Council Members can decide how they would like to have staff proceed. He thought staff could have the information ready sometime in February. B. REPORT OF CITY MANAGER 1. Camp Eden Wood Update Neal said at the last meeting Council Member Case suggested he would like to have an update on Camp Eden Wood. He said Kevin Schmieg, our building inspector, is the point man for the project and he will give the update. Kevin Schmieg said the greater part of the work was intended to be done in the spring of 2008,but the State Historical Society found the plans were not in compliance. At this point they have not had a final inspection,but they did receive a temporary certificate of occupancy. Staff worked with Friendship Ventures and they addressed those concerns at the end of August. The City issued the grading permit, and the grading took place in the fall of 2008. They also paved some of the trails, put in faux piers, and put in a landing and stairway on the south side of the building. He said the grading looked pretty good and they had repaired a lot of the issues. Staff Liaison John Gertz had some concerns regarding an ADA landing, the faux pier construction and placement, and a bridge damaged at the time of some paving. Mr. Schmieg said he had some concerns with the deck. CITY COUNCIL MINUTES January 20, 2009 Page 5 Schmieg said the contractor who did the grading on the site assured Mr. Schmieg he would correct any deficiencies from the plan. The contractor also offered to go out with a field inspector and Mr. Gertz to develop a punch list of items to be completed. They would then get back to us with a time frame to address the concerns. Aho asked if most of the issues are pretty minor and do not involve a lot of monetary issues. Schmieg said the code issues are not big. We cannot speak for the State Historical Society office and the state architect, and they are the ones that ultimately approve it. He said the issues on the interior regarding ADA grab bars and the stairways can be easily corrected. Case said even though the City can't address some of the historical preservation pieces, the State Historic Preservation Officer(SHIPO) could pull the grant. He asked what our leverage is in this situation. Schmieg said he thought the biggest question is whether it stays on the historical register if they find non-compliance. Neal said that is the heart of the matter. This is a City-owned facility,but the projects have been coordinated under Friendship Ventures. We have a good relationship with them and have worked closely with them on these kinds of issues. There is a lease agreement in place between the City and Friendship Ventures, and there are provisions in the agreement we would use to mediate any issues between the two parties. Case said he didn't think it ever has to be a situation of children's disabilities versus history because he thought it should be both. He thought it has to be all of us working together. He is optimistic and just wanted to make sure we are all on the same page. Duckstad thanked Mr. Schmieg for the report and asked if he felt the project is doable at this point and that it can be worked to completion. Mr. Schmieg said it is critical to work with Friendship Ventures on a timeline for this. Nelson asked if it would be helpful if Council Members state we would like this to be handled in a timely manner. Schmieg said some of the exterior items may be weather limited,but a lot of the work could be done inside. If the items aren't corrected by the time the children come into the camp, they won't be completed until fall. Young said when he read the recap in the Eden Prairie News he was left with the impression that something was really remiss there, and that is the wrong conclusion. He said construction is a process, and we are talking about a site where most of the construction is being done by volunteer labor. From the City's point of view Friendship Ventures has a development plan. They have to pull a permit and have to meet our standards. He thought things will get fixed if they are wrong. Things get done a little differently in construction,particularly with volunteer help,but issues do get fixed. He CITY COUNCIL MINUTES January 20, 2009 Page 6 fully expected staff to deal cooperatively with Friendship Ventures and SHIPO so that we will end up with a wonderful facility. He thought everybody will work cooperatively on issues such as whether to have a five or a six foot path, and Friendship Ventures will complete the plan that the City has approved. Schmieg said the issue regarding the trail was that we approved a six-foot path with no shoulders versus a five-foot path with shoulders. The grading has all been restored to the original grade, and the rip-rap has been removed. Young said he has not heard anything that would lead him to believe a Council action is necessary on this. Schmieg said staff will work with them and will continue to monitor the project. 2. 2009 Council Planning Session Neal said the Council has had a custom of having a planning session early in each calendar year to map out what we would like to accomplish for the upcoming year. This year we have been waiting to hear from the consulting firm who has just completed the 2008 Quality of Life survey. We have the preliminary information from them and would like to use that as part of the basis for the planning session. It will be particularly important because this is a budget year. He said there are a couple of options, both on a Friday evening: January 30 or February 6. He noted all five Council Members would need to participate. Duckstad asked what the time would be. Neal replied it would probably be after work. He said he will follow up with all Council Members tomorrow. 3. Metro Cities Membership Neal said the City's membership in the Metro Cities (Association of Metropolitan Municipalities) organization was brought to the Council's attention at the last meeting. Staff had begun to identify potential areas of cost savings in our 2009 budget, and this was one of the items identified. He noted we would save about$12,000 per year if we did not belong to the organization. He said withdrawing from the organization would require Council action, and noted there was no advocate for continuing membership in this organization among the City department heads. Nelson said she was in favor of pulling out of the group because she thought two such organizations would be enough to participate in. The other Council Members agreed with her. MOTION: Duckstad moved, seconded by Nelson, to withdraw from membership in the Metro Cities organization. Motion carried 5-0. CITY COUNCIL MINUTES January 20, 2009 Page 7 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. LED Street Light Update Dietz said at Council Member Nelson's request there are some reports on this in the Council packets. He said the Council has approved a Major Center Area (MCA) streetscape master plan and the lighting fixtures in that plan are not available in LED. The consultant for the Suburban Rate Authority street lighting initiative said LED is more available now,but it not completely there yet. He noted that residents in Brooklyn Park are not too impressed with the LED lighting there, probably because of the spacing of the light poles. He said he included a copy of a research paper done by the Rensselaer Polytechnic Institute regarding induction lighting which they say will probably be the most viable thing in the future. Induction lighting uses round bulbs like fluorescent bulbs,but with a tip at the end that contains the hazardous waste. When the bulb fails, the tip can be removed and put in the hazardous waste, and the rest of the bulb is trash. He thought we will be able to retrofit these bulbs into other fixtures in the future. Dietz said he would recommend that we don't have time to insure we have LED or induction for the first phase and there is a lot of interest in moving ahead on the project. He thought we could probably retrofit later. Staff will talk to the induction lighting people and see if they can fit it into the housing we have selected. He will meet with Joe Brady, a local resident who has hooked up with McKinstry, in a week or so. He noted the Rensselaer report said LED's will probably be available in more styles and at better prices within three years,but we aren't quite there yet. Nelson thanked Mr. Dietz for the complete report. She thought the induction lighting is a very interesting possibility. If we find out we can get something of similar style and do it in a much more energy efficient manner, we should consider that. We should take a good look at that and try to do what is possible now while leaving it as flexible as possible for the future. Her main objection to the report was that it said the lighting wouldn't be energy efficient and we weren't going to look into it. We are now going a step further to say we are actively looking at it. She was also glad we are continuing to work with McKinstry on this. Dietz noted the pole and wire will be a valuable asset no matter what we do about the fixtures. Because most of the rest of the streetscape projects have been postponed until 2012, we have some time on this. He noted we are spending upwards of$850,000 a year on street lighting in the City. The experiment in Brooklyn Park was conducted by Xcel Energy. The Suburban Rate Authority is involved in this, and they are interested in the lighting business. CITY COUNCIL MINUTES January 20, 2009 Page 8 Nelson thought it was good for all communities to be looking for the next level of technology in order to be environmentally sound and pay less for energy. Dietz said we expect to have some kind of final disposition before the Council is asked to award the first phase. Case said he understood the larger question of the fixtures but was also wondering about the possibility of using solar energy. Dietz replied Joe Brady is convinced that is the future,but it isn't there yet. When it becomes available, each pole would have its own source of solar power; however, it is a little cost prohibitive at this point. 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 Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:50 PM.