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City Council - 10/03/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 3, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILA10MBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfmnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities Bob Lambert,Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. PRESENTATION OF "AWARD OF EXCELLENCE" TO THE PARKS, RECREATION & NATURAL RESOURCES DEPARTMENT'S ADAPTIVE RECREATION LEARNING EXCHANGE PROGRAM, "LEISURE DISCOVERIES", FROM THE MINNESOTA RECREATION & PARKS ASSOCIATION (To be rescheduled.) PROCLAMATION,PROCLAIMING THE MONTH OF OCTOBER AS "TURN OFF THE VIOLENCE" MONTH Mayor Harris read the Proclamation dedicating the month of October as a time to focus on turning off violence in our communities. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie amended the Consent Calendar (item IV.), as follows: delete item B.;add item G.RESOLUTION95-179 RELEASING DEVELOPER'S AGREEMENT BETWEEN HARTFORD REAL ESTATE COMPANY AND THE CITY OF EDEN PRAIRIE; add item H. APPROVE EARLY GRADING PERMIT REQUEST BY LAUKKA-JARVIS; add item I. RESOLUTION NO. 95-180 APPROVING FINAL PLAT OF SUTTON PARK(located at the southwest quadrant of Eden Prairie Road and Pioneer Trail). Harris questioned item G releasing the developer's agreement for Hartford Real Estate Company. Jullie said we need to acknowledge completion of the developer's agreement so they can finalize the financing. CITY COUNCIL NIINUTES October 3, 1995 Page 2 MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM Kathy Wagle, 10928 Jackson Drive, expressed concern about the four-way stop sign that will be put on her property at the corner of Jackson Drive and Meade Lane. She asked if it could be placed on hold until the traffic there could be studied more closely. Harris asked Staff to take this matter under consideration and to return with more information to the next meeting. M. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, SEPTE MER 19, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve as published the Minutes of the Council/Staff Workshop held Tuesday, September 19, 1995. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 1995 Case said page 4, 2nd paragraph, last sentence of item V.B. should state, "He requested staff to explain how parking stall space is determined for gas station sites." Harris said item VIII.A., page 6, 1st paragraph, 1st sentence should read, "Harris inquired if ... and how soon the City will need that land." and the 3rd sentence should read, "Harris commented that it would be possible to do mitigation outside the City of Eden Prairie but that process would provide open space for those communities instead of Eden Prairie, ..." Tyra-Lukens said the spelling of the name in the last paragraph of page 6, item VIII.A. should be "Ryan Rablin", and the name in the first paragraph of page 7, item VIH.A. should be "Jeff Strate." MOTION: Pidcock moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, September 19, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION Acceptance of formal withdrawal of Anderson Lakes Commercial Center 3rd Addition by 169 Anderson Lakes Corporation. C. RESOLUTION 95-178 RECEIVING PETITION FOR RILEY LAKE ROAD IMPROVEMENTS_BETWEEN RILEY CREEK AND CHANIIASSEN, I.C. 95-5394 CITY COUNCIL MINUTES October 3, 1995 Page 3 D. APPROVE CHANGE ORDER NO. 1 FOR WATERMAIN AND WELL COLLECTOR LINE ON MITCHELL ROAD AND TECHNOLOGY DRIVE, I.C. 94-5357 E. APPROVAL OF AMENDMENT TO PERSONNEL POLICY F. SET HEARING DATE FOR OCTOBER 17. 1995 TO REVIEW DENIAL OF VARIANCE REQUEST NO. 95-28 (CHAPIN HALL) G. RESOLUTION 95-179 RELEASING DEVELOPER'S AGREEMENT BETWEEN HARTFORD REAL ESTATE COMPANY AND THE CITY OF EDEN PRAIRIE H. APPROVE EARLY GRADING PERNIIT REQUEST BY LAUKKA JARVIS I. RESOLUTION 95-180 APPROVING FINAL PLAT OF SUTTON PARK (located at the southwest quadrant of Eden Prairie Road and Pioneer Trail) Case questioned item I because he recalled that there was something of a controversy over this project. Jullie said the primary issues involved the assessments and who was going to be paying for the road and the storm water pipe. The developer has agreed to all of the recommendations. Concerning item A, the Clerk's License Application List, Thorfinnson asked if all of the violations involved with Eden Inn have been corrected. Jullie said he did not believe that everything has been corrected; however, they are in the process of dealing with a lot of issues. Thorfinnson asked if it is standard procedure to issue a license despite issues involved. Jullie said we may need to put a hold on this item and come back with a better update. MOTION: Thorfinnson moved, seconded by Pidcock, remove the Eden Inn license from item A of the Consent Calendar. Jullie suggested that the Eden Inn license not be removed if they are in the process of doing the work required to correct the violations. Thorfinnson withdrew the motion with the consent of Pidcock. MOTION: Pidcock moved, seconded by Case, to approve item A and items C- I of the Consent Calendar, deleting item B. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. REQUEST FOR APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN THE AMOUNT OF $3,000,000 FOR CHALLENGE PRINTING, INC. PROTECT (Resolution 95-181) CITY COUNCIL MINUTES October 3, 1995 Page 4 Jullie said Challenge Printing desires to expand its manufacturing facilities here in Eden Prairie, and is requesting the City to issue $3,000,000 of Industrial Development Revenue Bonds to construct and equip an approximately 48,000 square foot addition to the company's existing commercial printing facility located at 7500 Golden Triangle Drive in Eden Prairie. The City Attorney's office has reviewed the details of this proposal and finds the documentation in order. Jim Bayliss, controller of Challenge Printing, and Joe Glen, representing Norwest Bank, were present to answer questions. Pidcock asked if there was any exposure to the City for this proposal. Glen said there was none. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing and to adopt Resolution 95-181 for approval of Industrial Development Revenue Bonds in the amount of $3,000,000 for the Challenge Printing, Inc. project. Motion carried unanimously. VI. PAYMENT OF CLAIMS Regarding Check No. 35156, Case asked if the School District and the City have gotten together to discuss helping to meet each other's needs in some of these areas. Lambert said they have not in the last 15 years; however, the Parks Commission is discussing recommendations for changes in program fees and use of facilities, and this issue will be discussed as part of those recommendations. Case said he hoped there could be some cooperation in order to benefit the public. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye". VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION95-182APPROVINGSUBURBANTRANSITASSOCIATION JOINT AND COOPERATIVE AGREEMENT Jullie said the Southwest Metro Transit Commission is requesting that Eden Prairie join in the formation of a new group to be called the Suburban Transit Association. Pidcock said she had asked Kate Garwood to give an overview of the request and to provide an update on the MCTO strike possibilities. Kate Garwood, representing Southwest Metro, reviewed the organization and purpose of the new group. She said it will be organized through a formal Joint CITY COUNCIL MINUTES October 3, 1995 Page 5 Powers Agreement. The City's initial cost for membership will be $8,000. Garwood said the new group will help provide a coordinated legislative agenda. She said we would also need to appoint a Councilmember and alternate to the new transit association. Harris asked for a clarification of the "unfeathering" for Chaska and Chanhassen. Garwood replied that the result is that those two cities will be assessed at a higher rate, but not yet at the maximum amount. MOTION: Pidcock moved,seconded by Thorfinnson,to adopt Resolution 95-182 relating to a Joint and Cooperative Agreement creating the Suburban Transit Association, and authorizing the City of Eden Prairie's membership in the Association. Motion carried unanimously. Mayor Harris appointed Patricia Pidcock.as the representative to the Suburban Transit Association. Pidcock recommended Nancy Tyra-Lukens as the alternate representative. Mayor Harris appointed Tyra-Lukens as the alternate representative. Garwood then reviewed the contingency plans prepared for the possible MCTO driver strike. She said they have prepared a temporary schedule that will provide as much service as possible. She noted that, while they cannot deny service to anyone who is there, they will try to serve our residents first. VM. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM THE TRAILS ASSOCIATION Lambert noted that the Trails Association appeared before the Council in early September to make a request that the City allow them to remove a section of trail or to assume ownership (and liabilities) of the trail. At that meeting the Council asked Staff to determine the costs involved. He said the repair and improvement costs would be about$5,000 if it is done in-house, or$9,000 if done on contract. This trail section is extremely important to the City's overall system and Staff recommends that the City acquire the trail through an easement to be granted by the Trails Association. If the request is approved, he said the project would be scheduled for next year. Robert Kern, representing the Trails Association, said their By-laws do not cover selling property to the City, and they would need to have a proposal from the City before presenting it. Harris asked Pauly if the By-law issue would be a problem. City Attorney Pauly said the City would want to be assured that it is obtaining a proper easement and that it is legally conveyed to the City. CITY COUNCIL MEN UTES October 3, 1995 Page 6 Lambert suggested that the Council authorize the City Attorney to review the Association By-laws to determine what action they would have to take. MOTION: Pidcock moved that we ask the City Attorney to review the Trails Association By-laws. Motion died for lack of a second. Tyra-Lukens asked what the likelihood is of being able to do the project in-house. Lambert said we have commitments for many projects for next summer and that it would be best to count on the $9,000 cost. MOTION: Case moved, seconded by Thorfinnson, to direct Staff to prepare a legal description for the location of the trail and a document to transfer a trail easement from The Trails Association to the City of Eden Prairie; to commit to upgrading the trail as outlined in the Staff memorandum of October 3, 1995, including the installation of the necessary signage; and to ask the legal staff to review the entire proposal and the By-laws of The Trails Association and bring back their recommendations. Pidcock asked if the review of the By-laws would have to occur first. Harris said she thought it could probably be done concurrently. Tyra-Lukens said she was reassured to learn that the original plan included dedicating the trail to the City. VOTE ON THE MOTION: Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEIVIBERS 1. City Manager Evaluation (Continued from September 19, 1995) MOTION: Thorfinnson moved, seconded by Pidcock, to move this item to the end of the Agenda since it will be discussed in a closed session. Motion carried unanimously. B. REPORT OF CITY MANAGER 1. RESCHEDULE OCTOBER 1995 COUNCIL/STAFF WORKSHOP SESSIONS Jullie said the Tuesday, October 10, 1995, workshop needs to be rescheduled sometime in January 1996 and be combined with the report CITY COUNCIL MMUTES October 3, 1995 Page 7 on the recent community survey. Case said he would like to keep the workshop in the schedule and discuss Council protocol or have an open agenda. Thorfinnson said he had already scheduled another meeting for October 10. MOTION: Case moved, seconded by Thorfinnson, to cancel the Workshop scheduled for Tuesday, October 10, on Strategic Planning, and to cancel the Workshop scheduled for 6 PM on Tuesday, October 17, on TQM, and to reschedule both sessions for future workshops. Motion carried unanimously. E C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES 1. PURGATORY CREEK RECREATION AREA ENTRY Lambert said, on direction of the Council, Brauer & Associates have developed three concept plans for the Purgatory Creek Recreation Area entry. George Watson, representing Brauer & Associates, reviewed the three concept plans. He noted that they hope to cooperate with the property to the south in combining access from Prairie Center Drive. Harris asked if westbound traffic on Technology Drive would be able to gain access. Watson said they would have to go south on Prairie Center Drive to the four-way intersection. Pidcock said she has a problem with not having access from both the east and west and asked if there would be a divider there. Watson said the problem is that the entrance point is too close to Prairie Center Drive and that is why they want to develop some joint access point on the Naegele site if possible. He said the turn-around area would allow an opportunity for U-turns and will provide an interim solution until additional access is gained. Case asked if the ponds enhance the natural wetlands. Watson said they probably provide a higher value wetlands. Lambert reviewed the status of the wetlands and ponds in the recreation area, noting that the pond in this project area is for visual effect, not water quality. Case asked how many acres will have to be mitigated. Lambert said they are going through the permit process now, and that will determine what will be considered improvement and what will need mitigation. At the request of Councilmember Case, Lambert reviewed the Purgatory Creek Recreation Area project for the new Council members. Harris asked for clarification of the area that we are considering selling. Lambert said we would maintain ownership of the trail and a portion of the site, depending on what concept we end up with. Harris then asked what kind of control we would have over the development on the portion that we sell and if we would need to control the pedestrian crossing on CITY COUNCIL NIINUTES October 3, 1995 Page 8 Technology Drive. Lambert said we can maintain ownership of this until it is completed and then sell it ourselves, or we can market it. He said it is important to have a plan and determine what we want to use the land for. Case asked about the potential art center site in this location. Thorfinnson said one possibility is in the transit hub itself. Pidcock asked if this had been reviewed with Southwest Metro. Lambert said it was reviewed with Staff and consultants. Thorfinnson asked if the no-left turn in is because of the parking on the northeast part and if traffic could be routed in by the wetlands. Lambert said there will be very little land left after the mitigation and frontage road. Lambert said that the Parks Commission reviewed the three concepts on September l8th. They liked the configuration and features of Concept C, the sculpture and trails of Concept B, and recommended that a four-season pavilion and a 10-15 car parking lot be constructed on the portion of the project that the City retains. The Planning Commission reviewed the project on September 25, and decided that it is a prime location for a restaurant and possibly small shops. Lambert said he would like to get Council direction as to the configuration of the pond and the type of other features to include in a final plan for Commission and Council review in November and Watershed District review in December. Councilmembers discussed the three concept plans. The general consensus was that Plan C provided the best concept. Case said he liked the larger ponding idea, the art or sculpture, and the formal walkway. He suggested a mix of commercial and restaurant. Tyra-Lukens said she liked the idea of visual focal points through the use of landscaping and gardens; however, she was concerned about a retail use. She suggested that we have two restaurants, one fine dining and one family type, and that we get local garden clubs involved in the landscaping and garden maintenance. Thorfinnson said he thought we should look at this to maximize revenue to the City when we sell off some of it. He said he also questions the viability of retail on this location. Pidcock said she liked the restaurant idea and could envision something like the Arboretum; however, she would like to see boulevard trees. She CITY COUNCIL MINUTES October 3, 1995 Page 9 asked about the square footage of the restaurant. Lambert said the concept plan depicts two restaurants at 5-6,000 square feet; however, this site would not accommodate two restaurants of that size and we are not at that level of detail. Harris said she also has a concern about retail being a viable use for the property. She liked the idea of fine dining because of the location and suggested that there may be groups that would be willing to provide art or sculpture for the project. She did not want to see it become overcrowded because it could become a very active area. Lambert said he would take the recommendations from the Council and come back with something that covers most of the points discussed, probably at the November 7 meeting. 2. MILLER PARK SKATING FACILITY Referring to the Staff memorandum of October 3, 1995, Lambert said the Hockey Association spent time with an architect to develop a unique plan to provide additional hockey facilities in the City. He reviewed the plan proposed by the Hockey Association and Staff. He said Staff is requesting Council approval to get soil boring information and contract for design services, plans and specifications for this project to be completed in 1996. The estimated cost is $130,000, which could be paid from cash park fees. Lambert said the Parks Commission reviewed this project at their September 18, 1995 meeting and recommended approval on a unanimous vote. Tyra-Lukens asked if the cost includes the roller blade use. Lambert said it does not; however, it would probably add an additional $15,000 to $20,000 and would be presented as an alternate bid item. Case asked what is being pushed down in the priority list. Lambert said the CIP lists many activities and provides a ranking of needs for different areas of the City as they are being developed. He said this project would provide skating facilities for the southwest quadrant. MOTION: Tyra-Lukens moved, seconded by Pidcock, to authorize Staff to begin soil testing and soliciting bids for the skating facility at Miller Park. Motion carried unanimously. D. REPORT OF DIItECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS CITY COUNCIL MINUTES October 3, 1995 Page 10 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS MOTION: Thorfinnson moved, seconded by Pidcock, to enter closed session for the purpose of discussing the evaluation of City Manager Carl Jullie. Motion carried unanimously. XI. A. 1. City Manager Evaluation (Continued from September 19, 1995) The following is a summary of the Council's discussion and action on this item. The Council proceeded in closed session with City Manager Carl Jullie to discuss the results of the recent performance review process. Committee members Tyra-Lukens and Thorfinnson distributed summaries of responses to both the Staff and Councilmember questionnaires. Also presented was a salary survey covering eight similar suburban communities, plus the current salaries of Eden Prairie School District administrative personnel. The questionnaire responses included a numerical performance rating from 1-4, plus specific performance comments for each key result area. The performance scores ranged from 2.8 to 4.0, indicating dependable to very commendable performance. The specific comments were positive and highly complimentary of the Manager's performance in his key result areas. One area for improvement was the need to supply the Council with more information on proposed legislation and its possible impacts on Eden Prairie. Council then discussed the proposed salary adjustment for the Manager. Noting that Mr. Jullie has twenty three years of service with the City, including fourteen as City Manager, the Council reviewed the compensation package of several other managers of similar cities. The average annual salary for this group is $88,065 for 1995. It was further noted that Mr. Jullie's current salary of$85,000 was in the lower fourth of his S-8 grade level, and that it would be appropriate for the Council to make a reasonable effort to move his salary more toward the range midpoint as per the salary increase guide used for all other City employees. After further discussion, the Council unanimously approved a salary adjustment for the City Manager in the amount of $3,400 (plus 4%) retroactive to March 1, 1995. Subsequent annual performance reviews will commence in January and be completed in March of each year. CITY COUNCIL MEWTES October 3, 1995 Page 11 XM. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Hams adjourned the meeting at 9:30 p.m.