HomeMy WebLinkAboutCity Council - 03/17/1998 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 17, 1998 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thorfinnson, Jr., and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Natural Resources
Bob Lambert, Director of Public Works
Eugene Dietz, City Attorney Ric Rosow,
and Council Recorder Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmember Tyra-Lukens was absent.
PRESENTATION OF COMMENDATION TO MARK POTTER
Mayor Harris read a Commendation for Mark S. Potter commending his actions alerting a
family that their home was on fire. Councilmember Case presented a plaque to Mr. Potter.
BOND SALE OF $7,950,000 GENERAL OBLIGATION WATER AND SEWER
REVENUE BONDS, SERIES 1998A (RESOLUTION 98-39)
Dave McGilvray, presenting Springstad Financial, presented the results of this afternoon's bid
opening. He said these are capital appreciation bonds that will be used to fund the water
treatment plant. He said Dain Rausch Corp. presented the best bid.
MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 98-39 Prescribing the
Form and Details and Providing for the Payment of$7,950,000 General Obligation Water and
Sewer Revenue Bonds, Series 1998A. Motion carried 4-0.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added items M.A.1. and A.2. Butcher-Younghans added item XI.A.3. Harris
added item XI.A.4. Phase Two of the Succession Management Process.
MOTION: Butcher-Younghaus moved, seconded by Thorfumson, to approve the
Agenda as published, Motion carried 4-0.
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Page 2
II. OPEN PODIUM
Mr. & Mrs. Olson, 9480 Dell Road, asked for help dealing with an excavating business
next door to them. The business has trucks and cars going from 6:00 a.m. to late at
night and this is a residential area. They have had potential buyers for their lots who
backed out because of the excavating business. Harris asked Jullie to meet with the
Olson to follow up on this issue and to provide feedback to the Council. Jullie noted
there has already been some transaction with the Olson. The adjacent property owner
is in the process of pursuing this through the appeal process.
Case said he would like to have a report given back to the Council because he is
interested in knowing what the permissible usages are for such 5-10 acre properties.
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, FEBRUARY
17, 1998
MOTION: Case moved, seconded by Butcher-Younghans, to approve as
published the Minutes of the City Council/Staff Workshop held Tuesday,
February 17, 1998. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 1998
MOTION: Thorfinnson moved, seconded by Butcher-Younghan, to approve
as published the Minutes of the City Council Meeting held Tuesday, February
17, 1998. Motion carried 4-0.
C. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, FEBRUARY
24, 1998
MOTION: Case moved, seconded by Butcher-Younghans, to approve as
published the Minutes of the City Council Meeting held Tuesday, February 24,
1998. Motion carried 4-0.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BEST BUY CAMPUS CONCEPT PLAN- 1997 by Best Buy. Approve 2nd
Reading of Ordinance 5-98-PUD-3-98 for PUD District Review on 3.5 acres
and Zoning District Change from Rural to I-2 on 3.5 acres; Adopt Resolution
98-40 for Site Plan Review on 3.5 acres. Location: 7075 Flying Cloud Drive
(Ordinance 5-98-PUD-3-98 for PUD District Review and Zoning District
Change and Resolution 98-40 for Site Plan Review)
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Page 3
C. RIVER KNOLL OFFICE BUILDING by River Knoll, L.L.C. Approve 2nd
Reading of Ordinance 9-98-PUD-7-98 for PUD District Review on 2.49 acres
and Zoning District Amendment in the Office Zoning District on 2.49 acres;
Adopt Resolution 98-41 for Site Plan Review on 2.49 acres and Approval of a
Developer's Agreement for River Knoll, LLC. Location: Rowland Road and
Shady Oak Road. (Ordinance 9-98-PUD-7-98 for PUD District Review and
Zoning District Amendment and Resolution 98-41 for Site Plan Review)
D. ADOPT RESOLUTION 98-42 APPROVING FINAL PLAT OF
BEARPATH TOWNHOMES 6TH ADDITION
E. ADOPT RESOLUTION 98-43 APPROVING FINAL PLAT OF
BEARPATH TOWNHOMES 7TH ADDITION
F. ADOPT RESOLUTION 98-44 APPROVING FINAL PLAT OF BEST BUY
ADDITION
G. APPROVE CONSULTING SERVICES AGREEMENT TO ASSIST IN
THE PROCUREMENT OF A COMPUTER AIDED DISPATCH (CAD)
AND RECORD MANAGEMENT SYSTEM (RMS) FOR PUBLIC SAFETY
OPERATIONS
H. ADOPT RESOLUTION 98-45 FOR FINAL APPROVAL OF
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LAKE
PLACE APARTMENTS PROJECT) SERIES 1998
I. ADOPT RESOLUTION 98-46 APPROVING TRAFFIC CONTROL
SIGNAL AGREEMENT WITH MNDOT FOR TRAFFIC SIGNALS AT
VALLEY VIEW ROAD AND TH 169 RAMP INTERSECTION I.C. 95-
5384
J. ADOPT RESOLUTION 98-47 APPROVING TRAFFIC CONTROL
SIGNAL MAINTENANCE AGREEMENT WITH NMOT FOR TRAFFIC
SIGNAL AT VALLEY VIEW ROAD AND WASHINGTON AVENUE, I.C.
95-5384
K. APPROVE CHANGE ORDER NO. 2 FOR THE CSAH 4/EDENWOOD
DRIVE/HIGH SCHOOL ENTRANCE PROJECT, I.C. 96-5404
L. ADOPT RESOLUTION 98-48 APPROVING MNDOT PLANS FOR
INTERSECTION IMPROVEMENTS ON TH 212 AT SPRING ROAD AND
EDEN PRAIRIE ROAD, I.C. 96-5420
M. ADOPT RESOLUTION 98-49 AUTHORIZING FEASIBILITY STUDY
FOR DORNKEMPER AREA UTILITIES I.0 98-5458 & 98-5459
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Page 4
N. APPROVE CONTRACT AMENDMENT FOR 1998 LIME RESIDUAL
REMOVAL
O. ADOPT RESOLUTION 98-50 AWARDING STREET SWEEPING
CONTRACT, I.C. 98-5451
P. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENTS FOR
CITY WEST
Q. APPROVE RELEASE OF BEARPATH FROM SPECIAL ASSESSMENT
AGREEMENTS, I.C. 93-06
R. APPROVE RELEASE OF BEARPATH FROM SACWAC SPECIAL
ASSESSMENT AGREEMENT
S. ADOPT FEE RESOLUTION 98-51 AMENDMENT FOR WATER
CONSERVATION SURCHARGE (Resolution 98-51)
T. ADOPT RESOLUTION 98-52 REQUESTING ADVANCE
ENCUMBRANCE OF STATE AID HIGHWAY FUNDS
U. ADOPT RESOLUTION 98-53 AMENDING SUBURBAN TRANSIT
ASSOCIATION JOINT AND COOPERATIVE AGREEMENT
V. AWARD BID FOR EDEN PRAIRIE POLICE CANINE CARE FACILITY
W. ADOPT RESOLUTION 98-54 RELATING TO JOINT AND
COOPERATIVE AGREEMENT FOR INTERGOVERNMENTAL DATA
PROCESSING
X. AWARD BID FOR PLAYGROUND STRUCTURES AT HIDDEN PONDS
PARK AND RICE MARSH LAKE PARK
Y. APPROVE NINE-MILE CREEK WATERSHED DISTRICT PLANS TO
PROCEED WITH PHASE I OF SMETANA LAKE OUTLET PROJECT
Z. APPROVE CITVS ACQUISITION OF TAX FORFEITED LANDS
AA. CANCEL COUNCHJSTAFF WORKSHOP FOR TUESDAY,
MARCH 24, 1998 REGARDING TRANSITION ISSUES.
BB. SET COUNCIVSTAFF WORKSHOP FOR TUESDAY, APRIL 7. 1998 AT
6:30 PM REGARDING A POSSIBLE PARK REFERENDUM
Case said he has concerns about Item B because he voted against the expansion
concept plan. While this item is clearly Phase 2, Best Buy is beginning the
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March 17, 1998
Page 5
process to look at Phase 3. He wanted to go on record that Best Buy should
look at alternatives for the parking expansion as he is steadfastly opposed to use
of wetlands to build a parking lot. He would like to see them come in and work
with Staff to pursue other avenues for the expansion.
Regarding item Z, Case said he talked to neighbors who believed as he did that
this land was owned by the City, not by the developer. He wondered if it would
be better to have it owned by private owners and get some tax dollars from it.
Dietz replied that Staff discussed the possibilities for this property. The choices
given by Hennepin County were to have the City take it or sell it to an adjacent
property owner. He didn't think they were willing to divide it among separate
property owners. There is an easement over the whole thing so the value is for
storm water management. At some point we probably could break it into
separate parcels and sell to the individual property owners. Case said he talked
to some of the property owners and they would like to gain control.
MOTION: Butcher-Younghans moved, seconded by Thorfmnson, to approve
items A-BB on the Consent Calendar. Motion carried 4-0.
V. PUBLIC HEARINGS/MEETINGS
A. REGAL CINEMA by Ryan Companies of Minnesota. Request for Planned
Unit Development Amendment Review on 17.88 acres, Planned Unit
Development District Review on 17.88 acres, Zoning District Amendment in
the Commercial Regional Service Zoning District on 17.88 acres, Site Plan
Review on 17.88 acres and Preliminary Plat of 17.88 acres into 3 lots.
Location: East of Prairie Center Drive between Rolling Hills Road and Prairie
Lakes Drive. (Resolution for PUD Amendment Review, Ordinance for PUD
District Review and Zoning District Amendment and Resolution for
Preliminary Plat)
Jullie said proponent requests continuance to the April 7, 1998 City Council
meeting.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans to continue the
Public Hearing to the April 7, 1998 City Council meeting. Motion carried 4-0.
B. EDEN PRAIRIE, HIGH SCHOOL PHASE 3 EXPANSION by Independent
School District 272. Request for Planned Unit Development Concept Review on
67 acres, Planned Unit Development District Review with waivers on 67 acres,
Zoning District Amendment within the Public Zoning District on 67 acres and Site
Plan Review on 67 acres. Location: 17185 Valley View Road. (Resolution 98-55
for PUD Concept Review, Ordinance for PUD District Review and Zoning
District Amendment)
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Page 6
Jullie said the official notice of this Public Hearing was published on March 5,
1998 in the Eden Prairie News and notices were mailed to 206 property owners.
The project involves construction of a 86,818 square foot Activity Center and a
78,540 square foot Athletic Bubble at the Eden Prairie High School site. Both of
these projects were approved for funding in the 1997 School District Referendum.
Michael Darian, representing Independent School District 272, and Jay Pomeroy,
landscape architect, reviewed the building plans and the landscaping.
Butcher-Younghans asked how the bubble is inflated. Darian said it is inflated by
mechanical equipment that will be located along the east side of the building.
Butcher-Younghans asked if there is a back-up system. Darian said there is.
Butcher-Younghans asked where the material will be stored when the structure is
not inflated. Darian said if it is stored it will be put in a fenced-in enclosure.
Harris asked if the equipment is screened and if the screening is sufficient to meet
the City's noise ordinance standards. Darian said they submitted a noise study that
was done at two other athletic bubble locations.
Harris asked if there are drawings that would give a sense of what the sight lines
are from adjoining properties. Darian presented a photo montage showing the sight
lines from the north and west. Enger asked about the size of the trees in the photo
montage. Darian said they are 18-foot trees that would represent a ten-year
growth. He said the montage was done before they started working with the City,
and they plan to have considerably more plantings than are indicated in the
montage. Enger then asked if the montage was done very close to the trees.
Darian said they got as close to the property line as he could to take the photos.
Enger noted the further back you get from the property line, the less impact the
trees would have on the property.
Enger said the Planning Commission reviewed the project and determined waivers
would be necessary for the building height of both the activity center and the
athletic bubble, the percentage of exterior building material for the bubble, and the
shoreland impervious surface maximum. He said the Commission and Staff
approached the review with the understanding there is a clear partnership between
the City and the School District. They placed great reliance on the School
District's public process, and the passage of the bond issue by the citizens gave
validation to the project. The Commission recommended approval on a 7-0 vote,
per the recommendations of the Staff Report of February 20.
Lambert said the Parks, Recreation and Natural Resources Commission reviewed
the project at the March 2, 1998 meeting. There was a lengthy discussion
regarding a number of concerns including the impervious surface, the height of the
bubble, the impact of the bubble on the neighborhood at night, the noise level and
the screening. The Parks Commission recommended approval of the construction
with the stipulation that proponent work with neighbors to produce the best
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March 17, 1998
Page 7
screening and buffering plan possible. One of the Commission members asked
Lambert to bring up the question of whether there would be a commitment from
the School District regarding how late the bubble lights would be on at night.
Lambert noted the City has made a commitment to shut off the lights in City
facilities at 10:00 p.m.
Shelly Beard, 16691 North Hillcrest Court, said she lives to the east of the property
and she is concerned there isn't any room to plant trees on their side of the
development. She asked if they could move the equipment to the other side or put
up screening. Trees on top of a ten-foot high berm won't hide a 65-foot dome.
She would like to see the dome taken down during the summer time just as other
schools do. She noted that none of the photos were taken from their direction.
John Pollock, 16460 North Hillcrest Court, asked if there is a commitment that the
lights will be off after 10:00 p.m. Harris said we have made a note of the request
and it will be part of the Council's discussion.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the
Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review
on 67 acres and Zoning District Amendment within the Public Zoning District on
67 acres; to adopt Resolution 98-55 for PUD Concept Review on 67 acres; and to
direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations and Council conditions.
Butcher-Younghans said she acknowledges the democratic process that was
followed in developing this project. She visited the bubble facility at the Holy
Angels Academy and discovered it is a very large structure. We have heard tonight
that the appearance is something of concern, particularly the illumination later in
the evening. She would like to see some restriction on the hours of use at night and
in the morning. She would also like to see some restriction on the inflation time.
She was also concerned about the noise and thought we need to explore screening
of the inflating apparatus and perhaps moving the equipment to a different location.
She thought there is a potential for echoing because of the bubble's structure. The
staff at Richfield recommended that netting be placed around the edge of the dome
to mitigate the noise of balls hitting the bubble walls.
Harris asked proponent about the time period the bubble will be inflated. Bill
Gaslin, Superintendent of Schools, said the district will work with the community
to make the facility a community amenity. They will work on the screening, the
hours of operation and the times of inflation; however the project was put here in
response to the community coming forward and asking for the facility to be built.
Case asked Mr. Gaslin to respond to the request to limit the hours of use to 10:00
p.m. and possibly restrict morning use. Gaslin said this was set up as a partial
revenue generator and the only time revenue can be generated is evenings and
weekends. He would not want to make a firm commitment tonight because they
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March 17, 1998
Page 8
don't know the exact scheduling. He doesn't see them using it much differently
than other facilities but we don't know what the demand will be for use of the
facility.
Case asked if the City has any regulations we abide by concerning the City's
lighted fields and other private facilities. Enger said the City has an ordinance
pertaining to glare from lighting off a site to an adjacent site. We expect the light
shed to end at the property boundary. Lambert said the City has had a policy since
we lighted the first ball field that we would shut down all lights on activities at
10:00 P.M.
Harris thought there was a reference in the materials that the lights would be out
at 10:30 p.m. Darian said that was part of the description of the use of the
facilities.
Thorfinnson was concerned that views were taken from the west and northwest but
not from the east. He thought we need to maximize the screening of the
mechanical equipment and the bubble for the benefit of the neighborhood. He did
not think the screening planned will significantly cover up the bubble. He also
would like to have some kind of agreement that the bubble will be taken down
during the summer months. He would be in favor of limiting its use to 10:00 p.m.
He thought we need to get some commitments on these items.
Case thought we are trying to serve two masters at this point. We need to help the
neighborhoods to the north maintain the understanding they had when they moved
in by mitigating the effect of the project as much as possible. His discussions with
staff at the Holy Angels facility indicate it should work to limit the time of use
from October 1 to June 1, and he thought we also need to give the neighbors some
clear times during the summer that it will be down. While the School District has
a need to realize revenue he thought there is also a need for a time limit. He
thought we could leave it up to Staff to work with them on the time limit. He was
concerned about landscaping. While it may be okay in thirty years, he did not
think it is that expansive at this point. He thought there should be screening walls
for the mechanical equipment. He thought we could also leave that issue up to
Staff and the School District.
Thorfinnson said he would be comfortable with Staff working something out;
however, he was not necessarily satisfied with the answers given by Dr. Gaslin.
He was confident they will work hard with the neighbors. He would lean towards
a 10:00 p.m. time limit for consistency.
Harris reviewed the list of Council conditions to the motion: screening of the
buildings and the mechanical equipment; the defined period for inflation of the
bubble; and minimising the hours the bubble is lighted. Butcher-Younghans said
she would like to add a condition regarding netting, noting that staff at Holy Angels
said it would add to the lifetime of the bubble as well as help with the noise
problem.
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March 17, 1998
Page 9
VOTE ON THE MOTION: Motion carried 5-0.
C. MAPLE HILL ADDITION by MSS Holdings. Request for Preliminary Plat of
3.64 acres into 6 lots within the existing R1-22 Zoning District. Location: 9060
Staring Lane West. (Resolution 98-56 for Preliminary Plat)
Jullie said the official notice of this Public Hearing was published on March 5,
1998 in the Eden Prairie News and notices mailed to 52 property owners. The
original request was for a rezoning of the property to R1-13.5 and preliminary
platting of eight single family lots. The neighborhood and Planning Commission
were not supportive of the rezoning because the lot sizes were incomparable with
surrounding R1-22 zoned property. The plans have now been revised to show a
six lot subdivision meeting the existing R1-22 zoning district requirements.
Accordingly, the rezoning request has been withdrawn.
Steve Kroiss, representing MSS Holdings, reviewed the project. He said there are
no variances or zoning changes needed.
Enger said the Planning Commission reviewed the project at the February 23, 1998
meeting and recommended approval on a 6-0 vote, subject to the recommendations
of the Staff report of February 6.
Lambert said the Parks Commission reviewed the project at the March 2, 1998
meeting and recommended approval on a 7-0 vote, subject to the recommendations
of the Staff Reports of February 20 and February 25.
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the
Public Hearing; to adopt Resolution 98-56 for Preliminary Plat Approval of 3.64
acres into 6 lots; and to direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations.
Case asked for clarification as he understood that cash would be given in lieu of a
NURP pond. Dietz said he believes the pond is something that will be built in the
future, but there is a cash park fee due in lieu of the pond at this point. Case asked
where the existing pond for the property drains. Kroiss said it goes into the system
and ends up in McCoy Lake. Case was concerned about what will happen to
McCoy Lake if there is more drainage into it because it is very shallow. He
thought it could be a long time before the adjacent property is developed and the
NURP pond is built. Dietz said he believes discussions were held with the
property owner and this seemed to be the best solution.
Case noted there is a tremendous amount of plant growth on the property and
wondered what will happen to it. Kroiss said they will keep as many trees as
possible and will custom foot the lots among the trees.
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March 17, 1998
Page 10
VOTE ON THE MOTION: Motion carried 4-0.
D. 1998 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
PROPOSALS (CDBG) Approve CDBG funding for the list of activities as
reviewed and recommended by the Housing, Transportation, and Human Services
Board (HTHSB) at their February 5 meeting. (Resolution 98-57)
Jullie said the official notice of this Public Hearing was published on March 4,
1998 in the Eden Prairie News. Council is being asked to approve the Community
Development Block Grant Funding for the list of activities as reviewed and
recommended by the Housing, Transportation and Human Services Board at their
February 5th meeting. The total amount of funding involved is $182, 404.
There were no comments from the audience.
MOTION: Butcher-Younghans moved, seconded by Case, to close the Public
Hearing; and to approve the 1998 CDBG Block Grant Funding Proposal, per the
Staff Agenda Report of March 17, 1998. Motion carried 4-0.
VI. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Thorfinnson, to approve the Payment of Claims as
submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case,
Thorfinnson, and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
VHL PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
A. HERITAGE PRESERVATION COMMISSION-Appointment of 1 Member
to the Heritage Preservation Commission to fill an unexpired term through
3/31/00 commencing upon appointment
Jullie said due to Ginger Venable declining the appointment to the Heritage
Preservation Commission, a vacancy remains on the Commission. The
appointment would be to fill an unexpired term through 3/31/00.
Case nominated John Murray H. Butcher-Younghans nominated Deborah Barkley.
MOTION: Case moved, seconded by Butcher-Younghans, to close the
nominations. Motion carried 4-0.
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Jullie tabulated the results of the written ballot. He said Deborah Barkley received
three votes and John Murray 11 received one vote.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to cast a
unanimous vote for Deborah Barkley for an unexpired term through 3/31/00 on the
Heritage Preservation Commission. Motion carried 4-0.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Street Name in Mitchell Villas
Case said for a while we were automatically running street names by the
Heritage Preservation Commission(HPC)but it did not happen in this case.
Also, the Chair of the HPC was not aware that they should be involved.
He was concerned about the process. Enger said it would not be the
Commission Chair's responsibility to monitor the process, it would be his
Staff's responsibility. He heard the Council's concerns about consulting
with the HPC and will check on why it did not occur in this case. Case said
he was particularly concerned that the Chair had not heard that they would
be contacted on a regular basis. Enger said he will reinforce with Staff that
the Commission is to be consulted and will expect that the Chair of the
Commission will report to the Council under the Reports of Advisory
Boards & Commissions.
2. City Use of the Oak Point Pool
Case said he has been around the pool at Oak Point lately and noticed there
is no evidence that the City has any programs going on there. Since we
have half ownership there, he thought we should let our presence be
known. Lambert said Staff will check into it.
3. National League of Cities Congressional Meeting
Butcher-Younghans reported on the National League of Cities
Congressional meeting in Washington D.C. She thought it was significant
that 1/3 of the President's cabinet addressed the group. Attendees at the
meeting also met with U.S. Senators and Congressmen to discuss bills and
offer their perspectives. She reviewed three pieces of legislation she
believes are particularly important: the ISTEA2 re-authorization that
passed the Senate last week; the Internet taxation freedom act that would
provide for no sales tax on Internet transactions; and pre-emption of local
land use that provides for federal litigation for local decision making.
Harris noted this shows the importance of staying apprised of happenings
on the national level.
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4. Phase Two of the Succession Management Process
Harris said Part 1 of the process began with the promotion of Chris Enger
to Assistant City Manager. With Carl Jullie's plans to retire in July, the
City has pursued the definition of leadership qualities required for a City
Manager. They used responses from a leadership survey to develop the
defined qualities. She was pleased that Chris Enger's qualities parallel the
qualities identified in the leadership profile.
Harris appointed an Appointment Committee comprised of one member of
the current transition team, Councilmember Thorfinnson, a member of the
City Manager's Review Committee, Couniclmember Case, the Personnel
Committee, the City Attorney and other Staff as needed. The Committee
will develop and recommend a City Manager's Salary and Benefit package,
develop and recommend an employment agreement for the City Manager
position, and report their findings and recommendations at the May 5, 1998
City Council meeting. At that meeting the Council may take action to
appoint the new City Manager.
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL
RESOURCES
1. Request to Obtain Proposals for Development of a Conservation Area
Management Plan and Concept Site Plans for the Eight Remaining
Conservation Areas
After reviewing the process used to work with a Citizen's Committee to
develop a Management Plan for the Prairie Bluff Conservation Area,
Lambert believes we can go through a similar process to develop an overall
management plan for all of the conservation areas as well as specific site
concept plans for the eight remaining conservation areas. He thought we
could have a naturalist and a landscape architect work as a team with the
Citizens Committee to plan how the sites would be developed. The
committee would be concerned about all the areas in making decisions
regarding trails, parking areas, park shelters and natural areas. There
would still have to be a site plan developed and a public hearing held for
each area, but the difficult questions would have already been addressed.
Thorfinnson asked how much of the $20,000 has already been spent or is
earmarked for other uses. Lambert said we have spent less than $1,000
thus far. We generally have a large planning process each year that we
designate it for. Staff has applied for a $15,000 grant for this project. He
noted the other project this year is the renovation of Preserve Park.
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March 17, 1998
Page 13
Lambert suggested the proposals be reviewed in phases so that we would
do the management plans and inventory and map the areas with the concept
plans done in a later phase.
Thorfinnson asked where we stand if the grant does not come through.
Lambert said we would have to split the cost over two or three years.
Thorfmnson noted that would affect park planning for several years.
Butcher-Younghans asked if we could reapply. Lambert said we could
reapply if it is available next year.
MOTION: Thorfinnson moved, seconded by Case, to direct Staff to obtain
proposals for development of conservation area management and concept
site plans as per the Staff Agenda Report of March 17, 1998.
Harris agreed this is something we need to do despite the considerations
about funding.
VOTE ON THE MOTION: Motion carried 4-0.
2. Request from Murphy's Landing
Lambert said Ms. Shirley Olson, Executive Director of Murphy's Landing,
came before the Council to ask for a commitment of$25,000 for portions
of the Murphy's Landing project. He said the DNR bike trail and the
landing were approved in this phase of funding; however the restoration of
Murphy's Inn and the ferry project were not approved. The $25,000 was
included in the project to study the feasibility of a ferry. Ms Olson is
requesting that the City keep their commitment for the $25,000. Lambert
said City Attorney Pauly's question was whether any part of the project
constructed facilities in Eden Prairie because that would be the rationale for
putting our money into the project.
Lambert recommended that Mr. Rosow review what criteria must be met
before the City can commit to this and then get answers from Ms Olson to
those questions.
Rosow said it is a question of to whom we are giving the funds and who
will have ownership of the funds. If they are to go to the Department of
Transportation or to the DNR we can do that; however they cannot be given
to another private organization.
Harris asked if it is a case that we can't act upon this tonight because we
don't have sufficient information. Rosow said we could act upon it with the
contingency that if the funds are being directed to another governmental
agency it will be approved. Butcher-Younghans asked if it would be
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March 17, 1998
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acceptable if Ms Olson changed the fiscal agent to another government
agency. Rosow said it could be the City of Shakopee but merely naming
them as the fiscal agent does not mean they have control of the funds. He
thought we need to take a closer look at this and determine how this is
going to work.
Thorfinnson asked if we could reaffirm our commitment to the project but
not necessarily the dollar amount until the second phase of the project. We
could hold back the $25,000 until the second phase. Butcher-Younghans
thought that makes sense. Harris thought we could reaffirm our
commitment and then clarify who is the administrator of the funds.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to
reaffirm the City's philosophical commitment to the Murphy's Landing
project and to withhold commitment of the $25,000 until the second phase
of the project. Motion carried 4-0.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
A. CITY MANAGER EVALUATION (closed session)
Mayor Harris adjourned the meeting to a Closed Session at 9:25 p.m. to hear the
report of the City Manager's 1997 performance review and evaluation.
Mayor Harris reopened the session at 9:55 p.m.
Case reported the findings of the performance review. He said after reviewing the
positive performance evaluation of the City Manager and researching comparable
positions in the area, they decided to recommend a 3% cost-of-living adjustment
and a 3% merit increase. The $6150 adjustment will result in a total salary of
$102,230 per year.
MOTION: Case moved, seconded by Butcher-Younghans, to approve the salary
adjustment as recommended. Motion carried 4-0.
Mr. Jullie said he appreciated the review and the salary adjustment. He thanked
Staff members who have made his tenure possible and Councilmembers who have
been a delight to work with.
CITY COUNCIL MINUTES
March 17, 1998
Page 15
Harris noted the evaluation included review by City Staff and selected community
leaders as well and the ratings were uniformly high.
XIII. ADJOURNMENT
MOTION: Thorfinnson moved, seconded by Butcher-Younghaus, to adjourn the meeting.
Mayor Harris adjourned the meeting at 10:00 p.m.