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City Council - 01/07/1992 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: Tuesday, January 7, 1992 LOCATION: City Hall Council Chambers 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock. Absent: H. Martin Jessen I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • MOTION Pidcock moved, seconded by Anderson, to approve the agenda. Pidcock requested the addition of one item under Item X.A. Reports of Councilmembers: (2) Discussion on Choosing Banks as Repositories for City Funds. Jullie -requested' two items be added under X.D. Report of Director of Public Works: (1) Reschedule Discussion for Heritage Road Closure; (2) I-494 Improvements. Jullie also said that on Item III.J. on the Consent Calendar, Resolution No. 92-08 included revised cash park fees. Agenda approved as amended 4-0. II. MINUTES A. Special City Council Meeting held Tuesday, November 26, 1991 (Continued from December 17, 1991) MOTION Pidcock moved, seconded by Anderson, to approve the minutes of the Special City Council Meeting Held Tuesday, November 26, 1991. • Motion approved 4-0. Eden Prairie 2 January 7, 1992 City Council Minutes Approved • B. City Council Meeting held Tuesday, December 3, 1991 (Continued from December 17, 1991) MOTION Harris moved, seconded by Anderson, to approve the minutes of the Council meeting held Tuesday, December 3, 1991. Pidcock requested a correction on Page 14 of the minutes, the fourth paragraph should read as follows: Tenpas said he believed it was necessary for the City to look at ways to decrease spending in this time of recession. Pidcock also said she believed that the discussion of Item X.A.1. Relationship between Staff, Council, and Mayor, Pages 8 through 11 of the minutes, had been drastically edited and condensed. She requested that future discussions of this type not be edited in this way and that more of the discussion appear in the minutes. Motion to approve minutes as amended approved 4-0. C. Workshop Meeting held Monday, December 9, 1991 (Continued from December 17,1991) • MOTION Pidcock moved, seconded by Harris, to approve minutes of the Workshop Meeting held Monday, December 9, 1991. Motion approved 4-0. D. Special City Council Meeting held Tuesday, December 10, 1991 MOTION Pidcock moved, seconded by Anderson, to approve minutes of the Special City Council Meeting held Tuesday, December 10, 1991. Motion approved 4-0. E. City Council "Truth In Taxation" Hearing held Tuesday, December 10, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the minutes of the City Council "Truth In Taxation" Hearing held Tuesday, December 10, 1991. Motion approved 4-0. • Eden Prairie 3 January 7, 1992 • City Council Minutes Approved F. City Council Meeting held Tuesday, December 17, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the minutes of the City Council Meeting held Tuesday, December 17, 1991. Motion approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval of Menard's 7th Addition (located north of Plaza Drive and east of Prairie Center Drive (Resolution No. 92-11) C. Approve Change Order No. 3 for Eden Hills, I.C. 52-212 D. Set Date for 1992 Local Board of Review for Thursday, April 16, 1992 at 7.30 PM E. Resolution No. 92-01, Designating the Official City Newspaper • F. Resolution No. 92-02, Authorizing City Officials to Transact Banking Business G. Resolution No. 92-03, Authorizing Use of Facsimile Signatures by Public Officials H. Resolution No. 92-041, Designating Depositories I. Resolution No. 92-05, Authorizing the Treasurer to Invest City of Eden Prairie Funds J. Resolution No. 92-08, Regulating Fees and Charges for Business License Permits and Municipal Services MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. Motion approved 4-0. • Eden Prairie 4 January 7, 1992 City Council Minutes Approved • IV. PUBLIC HEARINGS A. BRAXTON POND by Westar Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 3.6 acres; Adoption of Resolution 91-248, Preliminary Plat of 3.6 acres into six single-family lots and road right-of-way with variance to be reviewed by the Board of Appeals to be known as Braxton Pond. Location: south and west of the terminus of existing Braxton Drive. (Ordinance 32- 91 - Zoning District Change; Resolution 91-248 - Preliminary Plat) Continued from December 17, 1991 MOTION Pidcock moved, seconded by Harris, to continue this item until January 21, 1992. Motion approved 4-0. V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Anderson, to approve payment of claims. Motion for payment of claims approved with Anderson, Harris, Pidcock, • and Tenpas voting "AYE". VI. ORDINANCES & RESOLUTIONS A. 1st and 2nd Reading of Ordinance No. 1-92 amending Section 5.40 of the City Code Relating to Lawful Gambling Jullie said this was a request for a change in the City Code to allow continuation of lawful gambling at the American Legion Club building. The change would allow lawful gambling on premises leased to an organization provided lawful gambling had occurred on those premises prior to November 1, 1989. Other changes proposed in this ordinance would bring the City Code into conformance with State Code. MOTION Harris moved to approve first reading of Ordinance No. 1-92 amending Section 5.40 of the City Code Relating to Lawful Gambling. Seconded by Anderson. Motion approved 4-0. • • Eden Prairie 5 January 7, 1992 City Council Minutes Approved VII. PETITIONS, REQUESTS AND COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS A. Lower Minnesota River Watershed District - Recommendation of Eden Prairie Resident to fill and expired three-year term on the Lower Minnesota Watershed District beginning March 23, 1992 Jullie said the City had the opportunity to recommend a candidate to the Hennepin County Board to fill a vacancy on the Lower Minnesota Watershed District. The term would begin March 23, 1992. MOTION Anderson moved to recommend William Turkula for this appointment. Seconded by Harris. Harris asked if there was any way to insure that the City was represented on the Watershed District Boards. Jullie said that the City had recommended to the County Board that each City be • represented on any watershed districts within its boundaries. Fully meeting this intent could require a change in the number of representatives on some Watershed District Boards, but he said he believed this would be an appropriate change. Anderson said he supported Mr. Turkula for the appointment but would like the opportunity to interview him. It was Council consensus that Mr. Turkula be interviewed one-half hour before the meeting scheduled for January 14, 1992, so that the recommendation could be made at the next regular Council meeting on January 21, 1991. B. Resolution_ No. 92-06, Designating the Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 1992 and Appointing an Acting Mayor MOTION Pidcock moved, seconded by Harris, to adopt Resolution No. 92-06 appointing Richard Anderson as acting mayor, and setting 7:30 PAI- 11:00 PM on the first and third 'Tuesday of each month for regular City Council meetings, while reserving all other Tuesdays for any necessary special meetings. Motion approved 4-0. • Eden Prairie 6 January 7, 1992 • City Council Minutes Approved C. Resolution No. 92-47, Designating a Director and Alternate Director of the Suburban Rate Authority for 1992 MOTION Pidcock moved, seconded by Harris, to adopt Resolution No. 92-07 appointing John Frane and Richard Anderson as Director and Alternate Director of the Suburban Rate Authority for 1992. Motion approved 4-0. D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates MOTION Pidcock moved, seconded by Anderson, to appoint the Mayor as the representative to the Association of Metropolitan Municipalities, with the other four Councilmembers as alternates. Motion approved 4-0. E. Appointment of City Attorney for 1992 MOTION Anderson moved the appointment of Lang, Pauly, Gregerson Ltd. as • City Attorney for 1992. Seconded by Pidcock. Motion approved 4-0. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. ' City Manager* Performance Review Harris said each Councilmember had reviewed the City Manager's performance against traditional standards established several years ago, as well as against goals which had been established jointly at the beginning of 1991. She said there was consensus that the City Manager had maintained appropriate demeanor and exercised good judgment, but there had been considerable spread and disagreement regarding the City Manager's assertiveness as it related to preparing recommendations on policy and proposing future direction for the City. The overall score for that particular section was 3.16. • Eden Prairie 7 January 7, 1992 • City Council Minutes Approved Concerning City Council relationship, there was support for the City Manager in his relations and interactions with the Council. There was general agreement that the City Manager had shared critical information in a timely and appropriate fashion, that he followed up on requests in a timely and responsive manner, and presentation of the City budget was accomplished within the established time period. The overall score for this section was 3.52. As to City staff relationships, she pointed out that the Council was removed from the day-to-day operations of the City and therefore the Council's evaluation of this section was predicated by observations from distance. However, the impressions were that in the management of fiscal affairs, the City Manager had done a good job as demonstrated by the annual audit report and the excellent bond rating the City had achieved. This score had been 4.0. On setting goals for staff and measuring performance, the overall score had been 3.75. As to maintaining effective personnel policies and procedures to insure equitable and fair treatment for all employees, the Council scored the Manager 2.38. Overall • score for the section was 3.54. r ' There was a consensus that community relations was a strength of the City Manager. Overall score for that section was 3.5. She then discussed the Manager's performance against 1991 goals. There was unanimous opinion that the City Manager had successfully initiated a total quality management program with City staff with a 4.0 score on this section. The City Manager had been requested to prepare a Multi-Year Capital Improvement Plan for 1991 and had met that goal. The score for that was 3.4. Efforts to control personnel costs through effective planning were demonstrated through the reduction of positions and the score for this was 3.8. The commitment to the Council's request to pursue additional training was properly discharged with an overall score of 4.0. The overall score for the entire section was 3.61. There were areas that the Council believed the Manager should continue to wort: to improve. She then related several comments which were taken verbatim from individual evaluations. Overall, in the development area, there was a recognition that there had been great strides in the progress of management practices over the past year and the Manager should be commended, particularly for the Quality Management Program • currently being implemented in the City. Eden Prairie 8 January 7, 1992 • City Council Minutes Approved The conclusions of the overall evaluation were: (1) That the average score was 3.51, with an individual scoring range of 2.45 to 4.26. The summary statement was that the City Manager's job performance met the established expectations overall, and that in some areas there was demonstrable above-average effort. There were some themes that were important looking ahead to 1992: First, that there had been progress since the last evaluation; and secondly, there was a general consensus that there needed to be more assertive leadership in terms of City direction, and that the Manager be more aggressive as to participating in the Council discussions, preparing information, suggestions as to direction, and promoting ideas. Tenpas said he believed the review that he and Harris had held with the City Manager had been positive and had left everyone optimistic about 1992. Jullie said he agreed with this assessment. Harris said she and Tenpas had some recommendations that would govern the evaluation process for 1992. A. Establish dates for the performance year that reflect the City's business. The suggestion was that November 1 be • established as the date for City Manager review, with the review year running from October 31-November 1 each year. B. That annual goals be established with the City Manager and these goals be used as the basis for measuring the Manager's performance. C. The City Manager's performance review should be used as the basis for determining salary action, but the two activities should remain separate. The salary action would not necessarily take place at the time of the performance review. D. Council consider a mid-year consultation with the City Manager to discuss the progress being made on the goals and objectives in order to avoid any misunderstanding or address any unmet expectation. Tenpas requested that Councilmembers and the City Manager submit goals by January 14, 1992, so that four or five goals could be chosen for the next City Manager evaluation, and that the mid-year evaluation be set for June 1, 1992. It was also agreed that a salary adjustment discussion for the City Manager be held at the January 21, 1992 meeting. • Eden Prairie 9 January 7, 1992 • City Council Minutes Approved 2. Discussion on Choosing Banks as Repository for City Funds Pidcock said she would like the City to consider using local banks for depositing City funds. She believed it would be fair to consider Century Bank and First State Bank which were locally-owned banks. She also believed there should also be some guidelines established for choosing banks. Jullie said that First Bank had been one of the City's banking institutions for several years. He said the Finance Department had a goal of preparing a request for proposals with criteria on rates within the next six months so the City could compare rates and information on opportunities for savings. Appropriate adjustment could be made after this information was available. B. Report of City Manager 1. Set Time and Place for City Council/Staff Workshop to be held Monday, January 27, 1992 Jullie said that the College of St. Thomas had indicated that it • would match the rates charged by the Spring Hill Center for this workshop. Council consensus was that St. Thomas was more accessible and therefore preferable. Council agreed to meet at 6:00 PM at St. Thomas for dinner, with the meeting to begin at 6:30 PM on Monday, January 27, 1991. 2. Set Tuesday, February 11, 1992, 6:00 PM to Interview and Appoint Candidates for Boards and Commissions Council agreed to meet on this date and time to interview and appoint candidates for boards and commissions. 3. Set Tuesday, January 14, 1992, 7:30 PM, to discuss the Park Bond Referendum and 2nd Ice Rink Lambert said this meeting was necessary to make some decisions regarding the Park Bond Referendum scheduled for Spring 1992. Council agreed to meet with the Parks, Recreation and Natural Resources Commission on this date. • Eden Prairie 10 January 7, 1992 • City Council Minutes Approved 4. Discussion of Municipal Legislative Commission's 1992 Legislative Program Jullie said staff would like Council discussion and direction on the Municipal Legislative Commission's proposed 1992 Legislative Program. Harris said that while she agreed with the proposals in the report, she noted that there was not always agreement with proposals received from the Association of Metropolitan Municipalities, and was concerned how everything would come together at the State Legislature. Jullie said that the AMM and the League of Cities were generic organizations; because the Municipal Legislative Commission was geared specifically to the concerns of suburban communities, he believed this organization would best serve the needs of the City. He said additional discussion had also been held regarding the commercial/industrial tax rate, and the MLC recommended that no drop in this classification rate be recommended as such action would result in an additional burden being shifted to residential properties. It also was pointed out that the commercial/industrial rate was being effectively reduced by the • drop in valuation of commercial property. Pidcock said she believed the MLC had done a good job in lobbying the Legislature on behalf of the City. Tenpas stated that MLC was the only effective voice the City had with the Legislature. MOTION Harris moved, seconded by Pidcock, to support the report from the Municipal Legislative Commission. Motion approved 4-0. C. Report of Director of Parks, Recreation & Natural Resource D. Report of Director of Public Works 1. Reschedule Discussion for Heritage Road Closure Dietz said that a request had been received from a representative of the Heritage Road neighborhood to continue the discussion on the potential closure of Heritage Road from the scheduled date of January 21, 1992, to February 4, 1992. He said a neighborhood informational meeting would be held on January 23, 1992 at Immanuel Lutheran Church and residents of the neighborhood would be invited by letter to attend. • Eden Prairie 11 January 7, 1992 • City Council Minutes Approved 2. I-494 Improvements Dietz said that the public hearings for the I-494 Draft Environmental Impact Statement would be held in the near future. Exact dates had not yet been determined. MnDOT and its consultant, BRW, were proposing a round of briefing sessions for each of the cities involved. The scheduled date for Eden Prairie was February 4, 1992. He said MnDOT had a 15-to-20- minute presentation on the subject and its presentation could possibly fit into the Council meeting, or it could be held at a separate time. Council consensus was to include the MnDOT presentation as part of the February 4, 1992 Council meeting. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Anderson, to adjourn at 8:30 PM. Motion approved 4-0. • •