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City Council - 01/05/2010 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 5, 2010 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 Gene Dietz, 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 Cub Scout Pack 348, sponsored by the Eden Prairie Optimist Club, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. PROCLAMATION CELEBRATING THE CHINESE NEW YEAR Mayor Young read a proclamation extending best wishes to the government officials and people of Loudi, China. B. UPDATE ON THE CITY'S MEET AND GREET BUSINESS RETENTION PROGRAM Dave Lindahl, Economic Development Manager, gave an overview of the City's "Meet and Greet" business retention program. He noted the program is continuing to do well. There were 24 meetings in 2009, and in addition they had their first international meeting in Beijing, China. They continue to receive positive feedback from the business leaders. He said the program was the catalyst for the Minnesota State Chamber of Commerce's "Grow Minnesota" program. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Items XIII.M. and XIV.B.1. MOTION: Duckstad moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES January 5, 2010 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2009 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, December 1, 2009, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2009 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, December 1, 2009, as published. Motion carried 4-0. C. SPECIAL CITY COUNCIL MEETING HELD MONDAY, DECEMBER 21, 2009 Aho said the minutes should be changed to show that he was present at the meeting. Duckstad said he was not present at the meeting. MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Meeting held Monday, December 21, 2009, as published. Motion carried 3-0-1, with Duckstad abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2010-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. ADOPT RESOLUTION NO. 2010-02 DESIGNATING DEPOSITORIES C. ADOPT RESOLUTION NO. 2010-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. ADOPT RESOLUTION NO. 2010-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. ADOPT RESOLUTION NO. 2010-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. ADOPT RESOLUTION NO. 2010-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. ADOPT RESOLUTION NO. 2010-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2010 CITY COUNCIL MINUTES January 5, 2010 Page 3 H. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2010 I. ADOPT RESOLUTION NO. 2010-08 DECLARING PROPERTY AS ABANDONED PROPERTY J. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2010 K. ADOPT RESOLUTION NO. 2010-09 APPROVING EXTENSION OF CONDITION USE AGREEMENT 112099 WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA L. APPROVE CHANGE ORDER NO. 1 FOR THE FLYING CLOUD DRIVE TRAIL IMPROVEMENTS, I.C. 09-5749 MOTION: Duckstad moved, seconded by Aho, to approve Items A-L on the Consent Calendar. Motion carried 4-0. Young said this might be a good year to look at competition for the depository designation and to determine if there are other ways we can support the financial institutions in town. Neal said this will be our fifth year with US Bank as depository, and we can look at the competition this year. IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Duckstad, and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.26, SUBD. 3, RELATING TO THE DISPOSAL OF EXCESS PROPERTY Neal said this ordinance change will allow the City to sell supplies, materials, and equipment which is declared to be surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. He said we have the ability to dispose of surplus and obsolete items by state statute, but we have to clearly outline how we do that. This change would allow us to sell excess property online. We discovered some opportunities to sell some items instead of having to pay someone to take the items. CITY COUNCIL MINUTES January 5, 2010 Page 4 MOTION: Aho moved, seconded by Case, to approve the First Reading of an Ordinance amending City Code Section 2.26, Subd. 3,relating to the disposal of excess property. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. RESOLUTION NO. 2010-10 DESIGNATING OFFICIAL CITY NEWSPAPER Neal said this designation is required on an annual basis. The Eden Prairie News has been the official newspaper since 2008. The Sun Current seeks the designation this year, and they state that their office in Eden Prairie is their primary office. The relevant statute does not make the presence of a primary office a determining factor in determining priority. The City Attorney determined both newspapers appear qualified under the statute. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun Current was the official newspaper from 2003 through 2007. He noted staff believes the bid from Eden Prairie News to be more competitive. MOTION: Case moved, seconded by Duckstad, to adopt Resolution No. 2010-10 designating the Eden Prairie News as the official City newspaper for the year 2010. Motion carried 3-0-1, with Young abstaining. B. RESOLUTION NO. 2010-11 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2010 AND APPOINTING ACTING MAYOR Neal said this resolution requires approval on an annual basis. He noted the Council discussed the meeting calendar for 2010 in December,but this is the official approval. Young said he will be out of town the first week of March and, since there are five Tuesdays in March, the meeting dates could be shifted to the second and fourth Tuesdays. He noted there is only one meeting in April, and the change would shorten the gap between meetings. Neal noted there would be some benefit to that because there is only one meeting in February. He said he had an opportunity to visit with staff to see if the change created any other scheduling issues, and it does not. The consensus was to make the change in meeting dates to March 9 and March 23. Neal said we went with one meeting in February because of there are caucuses on the first Tuesday of the month. We went with the summer schedule of one meeting per month, and there is no meeting on Election Day, November 2. He said staff will make the change to the schedule for the March meetings. CITY COUNCIL MINUTES January 5, 2010 Page 5 MOTION: Duckstad moved, seconded by Aho, to adopt Resolution No. 2010-11 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2010, including the amended dates of March 9 and March 23, and appointing Council Member Aho the Acting Mayor. Motion carried 4-0. C. RESOLUTION NO. 2010-12 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Young said he was inclined to carry most of the City Council appointments over to 2010. MOTION: Case moved, seconded by Duckstad, to adopt Resolution 2010-12 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority, and appointing Phil Young as Chair, Scott Neal as Executive Director and Council Member Nelson as Secretary for calendar year 2010. Motion carried 4-0. D. RESOLUTION NO. 2010-13 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2010 MOTION: Aho moved, seconded by Duckstad, to adopt Resolution 2010-13 designating Council Member Case as the Director and Gene Dietz as the Alternate Director to the Suburban Rate Authority. Motion carried 4-0. E. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Duckstad, to approve appointment of Mayor Young as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 4-0. F. APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Duckstad moved, seconded by Case, to approve appointment of Mayor Young to the Municipal Legislative Commission. Motion carried 4-0. G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION MOTION: Aho moved, seconded by Duckstad, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 4-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Aho, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 4-0. CITY COUNCIL MINUTES January 5, 2010 Page 6 I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Duckstad moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 4-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Case, to approve appointment of Council Member Duckstad to the City and School Facilities Use Task Force. Motion carried 4-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Case moved, seconded by Duckstad, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 4-0. L. APPOINTMENT OF COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION MOTION: Aho moved, seconded by Case, to appoint Council Member Duckstad to Southwest Transit Board as the Eden Prairie City Council Representative for a three- year term to end December 31, 2012. Motion carried 4-0. M. APPOINTMENT TO FIRE RELIEF ASSOCIATION Young noted this is an appointment that hasn't been made at this meeting in prior years. Neal said there has been more attention given to the Fire Relief Association during the last budget discussions. He said he had a chance to speak with the City Attorney, and at his recommendation staff is bringing this to the Council tonight to formally appoint the Mayor and Finance Manager to the Fire Relief Association. The appointment of the Fire Chief is an automatic appointment according to statute,but we have included that in the proposed motion. He said the appointment of Ms Kotchevar could be one held by a Council Member,but he thought it was useful for the Finance Manager to serve on the board. Young thought if the City Council wanted it, we could have two Council Members as trustees and still ask Ms Kotchevar to attend the meetings. He thought Ms Kotchevar's participation is quite important. Case said in years past it wasn't that critical an issue when the stock market was doing great. He thought there might be some advantage to having another Council Member serve, and he agreed that Ms Kotchevar needs to attend the meetings. Duckstad asked if there are other members who serve in addition to these three. Neal said there is representation from the current firefighters and representation from retired firefighters, and he thought there are a total of nine members on the board. Duckstad asked how often they meet. Neal said it is monthly. Duckstad asked if they also receive help from anyone who has a background in investment procedures or CITY COUNCIL MINUTES January 5, 2010 Page 7 investment soundness. Neal said they operate with considerable help, and they employ professional advisors to assist them. Duckstad said he didn't have any objection if one of the Council Members chooses to serve on the board. Young said it is likely that some discussions we may have this year relative to the Fire Relief Association may take some of the Council's time, so there might be some advantage to have two Council Members serve. Case said he would be willing to serve on the board, and he thought it adds credibility to the firefighter representation to show that several Council Members are paying critical attention to funding. Duckstad asked what the other duties would be for those who serve on the board in addition to making wise and prudent investments. Neal said it is primarily about managing their investment portfolio, but also about understanding the benefit structure and how the benefit structure works into the future. This is a separate organization from the City government. Duckstad asked if the board has any duty or authority to select what type of contribution the City is required to make to the fund. Neal said the group would be a participant in that kind of discussion if there is discussion about how the contribution might be changed. The consensus was to name two Council Members as representatives to the board. MOTION: Aho moved, seconded by Duckstad, to appoint Mayor Young, Council Member Case, and Fire Chief George Esbensen to the Board of the Eden Prairie Fire Relief Association, and to request that Finance Manager Sue Kotchevar continue to attend the meetings. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Advances in Technolou Neal said we have had a couple of major technology advances recently. We just converted to the New World Systems in the Police, Dispatch and Fire Departments. The system was specifically designed for the City by New World Systems, and it is a$1.5-1.8 million software advancement for our public safety communications. We worked for two years to find the right solution and implement it. Neal said the second advancement is our new Ceridian software. He said we have taken steps away from the Logis software, and will now use the Ceridian software for Human Resources and Payroll systems. CITY COUNCIL MINUTES January 5, 2010 Page 8 C. REPORT OF THE 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 XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 7:33 PM.