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City Council - 03/18/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 18, 1997 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 All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens asked that item XI.C.2. be moved to follow the Public Hearings. Thorfinnson added item XI.A.1. Preliminary Report on Review of Boards and Commissions Committee. Jullie added item XI.B.1. Review Schedule for Council Workshops, MOTION: Case moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. JOINT CITY COUNCIL/SCHOOL BOARD MEETING HELD TUESDAY, FEBRUARY 25, 1997 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve as published the Minutes of the Joint City Council/School Board Meeting held Tuesday, February 25, 1997. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 1997 Harris said item M of the Consent Calendar should be moved up to precede the discussion on the Consent Calendar items. She said the first sentence of the CITY COUNCIL MINUTES March 18, 1997 Page 2 fourth paragraph of the discussion on the Consent Calendar, page 3, should be changed to read "Harris asked ... beaches are used when not officially opened." MOTION: Case moved, seconded by Tyra-Lukens, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, March 4, 1997. Motion carried 4-0-1 with Thorrmnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. KOPESKY ADDITION by Wayne Kopesky. 2nd Reading of Ordinance 10-97 for Rezoning from Rural to R1-13.5 on 5.32 acres and Approval of a Developer's Agreement for Kopesky Addition. Location: West 82nd Street. (Ordinance 10- 97 for Rezoning) C. BEARPATH 8TH ADDITION by Bearpath Limited Partnership. 2nd Reading of Ordinance 9-97-PUD-5-97 for PUD District Review on 2.3 acres and Zoning District Change from RM-6.5 to R1-13.5 on 2.3 acres and Approval of a Developer's Agreement for Bearpath 8th Addition for Bearpath Limited Partnership. Location: East of Bearpath Trail South, west of Dell Road and south of Hennepin County Regional Rail Authority. (Ordinance 9-97-PUD-5-97 for PUD District Review and Zoning District Change) D. RESOLUTION 97-36 RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS, 1; 20 3j 4, 5, 6 AND 7: ADOPTING AMENDMENTS TO THE D MU,OPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR E. ONKEN PROPERTY by Paul and Kris Onken. 2nd Reading of Ordinance 11- 97 for Rezoning from Rural to R1-13.5 on 2.27 acres for one single family home and Approval of a Developer's Agreement for Onken Property. Location: 17809 West 62nd Street. (Ordinance 11-97 for Rezoning) F. MHFA FIRST TIME BUYER PROGRAM (Resolution 97-37) G. APPROVE BIDS FOR STARING LAKE PLAYGROUND RENOVATION H. AMENDMENT TO FEE RESOLUTION (Resolution 97-38) I. AWARD CONTRACT FOR C AH 41HI H SCHOOL ENTRANCE/ EDENWOOD DRIVE IMPROVEMENTS. I.C. 96-5404 (Resolution 97-39) J. RESOLUTION 9740 APPROVING FINAL PLAT OF BUR ATORY CREEK ESTATES (located south of Sunnybrook Road and west of Homeward Hills Road) CITY COUNCIL MINUTES March 18, 1997 Page 3 K. APPROVE CHANGE ORDER NO, 1 FOR WATER TREATMENT PLANT, I.C. 94-5350 Regarding item G, Tyra-Lukens asked if we are still at the targeted budget amounts with the bids we received. Lambert said we will be about$20,000 over what our estimate was. She asked how we stand with respect to Midwest Asphalt since they are being awarded the bid for this. Jullie said they have a signed, approved land alteration permit, and we went through the past season without problems. They performed according to the requirements of the permit. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve items A-K on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUNNYBROOK ROAD IMPROVEMENTS. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS, I.C. 94-5363 (Resolution 97-41) Jullie said the official notice of this Public Hearing was published on March 6 and March 13, 1997 in the Eden Prairie News. This project involves the construction of street and utility improvements along Sunnybrook Road west of Homeward Hills Road. It also includes improvements for the seven-lot Purgatory Creek Estates Subdivision which provides the required easements for connection of the sanitary sewer system. Copies of the amended Feasibility Report have been given to all owners of property abutting the project and an informational meeting was conducted on March 11. Al Gray, City Engineer, reviewed the details of the Feasibility Study, noting that the original Feasibility Study was done in 1995 at which time the Council authorized the project. In preparing the plans Staff had difficulty finding a corridor for the required outlet to Purgatory Creek for the utilities that need to be installed. He said the Posts have received approval of a subdivision that will provide an outlet for the two utilities. Because of the requirement to begin a project within a year of approval, we must redo the approval process. It will now include the improvements that will be within the Post Construction development. Gray then reviewed the proposed assessment rolls to cover the costs of the street, sanitary sewer and water main. He said there is a unique property with 1.5 units of assessment that belongs to Dean Longsyo and is located on the south side of Sunnybrook Road. It has a duplex structure on the property now, so it was proposed at 1.5 units of assessment. The owners have requested we reduce it to one unit based on the lot size. Dean Longsyo, 9248 Creekwood Drive, supports the project and believes there will be a lot of benefit for the residents and the City; however, he believes he is CITY COUNCIL MINUTES March 18, 1997 Page 4 being targeted with an inequitable assessment of property. It is clearly a single lot. There is another double on Sunnybrook road that is showing as one unit of assessment, and it is a much larger lot. Harris asked Gray to point out the Longsyo property on the map. Gray said they have not been able to recognize the other property as a duplex, although it may be an unofficial duplex. It is a larger piece of property but it has a small frontage on Sunnybrook. It is likely that this would be combined with other property for future development. He expects the Longsyo property to stay the way it is or be developed as a single family lot in the future. Case recalled discussing this a year ago and leaning towards one unit of assessment. He asked what the rationale would be for making this one unit. Gray said in the long term it is more likely to have a major remodel to a single unit. Thorfinnson asked about the suggestion that they pay the double trunk sewer and water. Gray said they would use the acreage calculation and would deal with this in the assessment rolls as one unit. Thorfinnson thought whatever we do we should do with the other unit. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Tyra-Lukens withdrew the motion with the consent of Case. Brian Post, Post Construction, asked how all the other duplexes in Eden Prairie are treated. Gray said he didn't believe we have had a mixture like this before. Post thought it would be fair to look at what has been done in other cases. Case thought the substandard lot size is driving it at this point. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing, and to adopt Resolution 97-41 ordering the Improvements and Preparation of Plans and Specifications for Sunnybrook Road Improvements designated I.C. 9- 5363, to include treating Parcel No. 23-116-23-33-0010 as one unit. Motion carried unanimously. B. PRESERVE VILLAGE CENTER RENOVATION 1997 by Jerry's Enterprises, Inc. Request for Planned Unit Development Concept Review on 9.46 acres, Planned Unit Development District Review on 9.46 acres, Zoning District Amendment within the C-COM Zoning District on 9.46 acres, and Site Plan Review on 9.46 acres. Location: Anderson Lakes Parkway and C.S.A.H. 18. (Resolution 97-42 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on March 6, 1997 in the Eden Prairie News and mailed to 64 property owners. This project CITY COUNCIL MINUTES March 18, 1997 Page 5 involves a "facelift" of the development, including the parking lot and frontage road for better visibility to the site. Darcy Winter, consultant to Jerry's Enterprises, Inc., reviewed the proposal. She said there will be no demolition of the building and they have obtained approval from MnDOT and Hennepin County to make changes to the frontage road. They plan to regrade the slope of the parking lot and drop about five feet on the eastern slope to improve visibility. They also want to drop the frontage road elevation which they believe will improve safety on that road. All of the costs will be born by the developer. Enger said the Planning Commission unanimously recommended approval of this project at its March 10, 1997 meeting, subject to the recommendations of the Staff Report of March 7, 1997. Larry Mueller, 9285 Garrison Way, was concerned about the Garrison Way exit onto Anderson Lakes Parkway and whether the change in the placement of the west exit from the shopping center would affect that exit. Winter said the Garrison Way exit will stay where it is. Dave Oliver, 9661 Clark Circle, understood the two lots directly south of this development are owned by Jerry's, and he was concerned about what will be developed on those. Winter said they are not owned by Jerry's. Thorfinnson asked if the Engineering Department has taken a look at the changes they propose to the parking lot and the frontage road. Winter said Rod Rue has been involved in the meetings with the county and the state. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 97-42 for PUD Concept Review on 9.46 acres; to approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-COM Zoning District; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. PRAIRIE GREEN MINI-STORAGE by Four S. Properties Inc. Request for Zoning District Amendment in the I-2 Park District on 4.96 acres, Site Plan Review on 4.96 acres, and Preliminary Plat of 7.21 acres into one lot. Location: County Road 4, south of Terrey Pine Court. (Ordinance for Zoning District Amendment and Resolution 97-43 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 6, 1997 in the Eden Prairie News and mailed to 47 property owners. This project involves the expansion of the existing mini-storage facility along the east side of County Road 4 and south of Terrey Pine Drive. CITY COUNCIL MINUTES March 18, 1997 Page 6 Todd Jones, representing Four S Properties, was available to answer questions. Enger said the Planning Commission recommended approval of the project on a vote of 6-0 at its meeting on February 24, 1997, subject to the recommendations of the Staff Report of February 24, 1997. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment in the I-2 Park District on 4.96 acres; to adopt Resolution 97-43 for Preliminary Plat Approval of 7.21 acres into 1 lot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. CENTRON DPL by Centron DPL. Request for PUD Concept Review and PUD District Review on 5 acres, Zoning District Amendment in the I-2 Zoning District on 5 acres and Site Plan Review on 5 acres. Location: City West Parkway. (Resolution 9744 for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on March 6, 1997 in the Eden Prairie News and mailed to 16 property owners. This project is located along City West Parkway and is Phase II of plans reviewed by the City Council two years ago. There are some changes from the original approved plan, including additional parking and the hidden loading dock area. The request also includes a PUD waiver allowing the office percentage to increase from 50% to 75%. Tom Wassmolen, representing Centron DPL, reviewed the project. He said they are requesting more office space than was previously approved. He noted that the parking is approved for 75% already. Enger said the Planning Commission recommended approval of this project, including the PUD waiver request, on a vote of 6-0 at its meeting on February 24, 1997, subject to the recommendations of the Staff Report of February 19, 1997. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-44 for PUD Concept Review on 5 acres; to approve 1st Reading of the Ordinance for Zoning District Amendment in the I 2 Zoning District on 5 acres, and PUD District Review on 5 acres with a waiver to allow 75% Office Use; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. CITY COUNCIL MINUTES March 18, 1997 Page 7 E. EDENVALE CROSSING BUSINESS CENTER by CSM Corporation. Request for Guide Plan Change from Office to Industrial on 9.8 acres, PUD Concept Amendment on 12.7 acres, PUD District Review on 12.7 acres , Zoning District Change from Rural to Office on 2.9 acres, and from Rural to I-2 on 9.8 acres, Site Plan Review on 12.7 acres, and Preliminary Plat of 12.7 acres into 3 lots. Location: South and east of Anagram Drive. (Resolution 9745 for Guide Plan Change, Resolution 97-46 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution 9747 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 6, 1997 in the Eden Prairie News and mailed to 102 property owners. This project includes a request to change the Guide Plan from Office to Industrial on 9.8 acres abutting the east and south sides of Equitable Drive, south of Valley View Road. The proposal is a mixture of mostly Office, with some Industrial, consistent with the current mix of Office/Warehouse uses in the PUD. In addition, waivers for parking setback and 75% Office Use for one of the buildings is requested through the PUD. Dave Carland, Vice President of CSM, reviewed the proposal. Enger said this is the land development component of the project proposed by MnDOT for a retaining wall or reduction of grade of the hill west of Norwest Bank. There are three buildings proposed. He said the Planning Commission recommended approval of this project on a vote of 6-0 at its February 24, 1997 meeting, subject to the recommendations of the Staff Report of February 21, 1997. It was not reviewed by the Parks Commission. There were no comments from the audience. Case asked if these are the exact heights as we reviewed them. Enger said these are slightly lower. MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 9745 for Guide Plan Change from Office to Industrial on 9.8 acres; to adopt Resolution 9746 for PUD Concept Amendment on 12.7 acres; to approve the 1st Reading of Zoning District Change from Rural to Office on 2.9 acres and from Rural to I-2 on 9.8 acres, and PUD District Review on 12.7 acres; to adopt Resolution 9747 for Preliminary Plat Approval of 12.7 acres into 3 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. CHIMNEY PINES by Laukka-Jarvis, Inc. Request for Planned Unit Development Amendment Review on 1.29 acres, Planned Unit Development District Review on 1.29 acres, Zoning District Amendment in the R1-9.5 acre CITY COUNCIL MINUTES March 18, 1997 Page 8 District on 1.29 acres, Site Plan Review on 1.29 acres and Preliminary Plat of 1.29 acres into 8 lots. Location: Spyglass Drive, south of Riverview Road. (Resolution 9748 for PUD Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution 9749 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on March 6, 1997 in the Eden Prairie News and mailed to 49 property owners. This proposal is to subdivide 1.29 acres into eight lots. The existing house would be removed and replaced with three new homes. The lot lines on five existing lots to the east would be adjusted slightly. The three new homes would be constructed consistent with the architectural theme for the approved Planned Unit Development. The project location is south of Riverview Road and west of the north/south alignment of Homeward Hills Road extended. Peter Jarvis, representing Laukka-Jarvis, Inc., reviewed the proposal. Enger said the Planning Commission recommended approval of this project on a vote of 6-0 at its meeting on February 24, 1997, subject to the recommendations of the Staff report of February 21, 1997. He said they received a letter from the Office of the State Architect of Minnesota subsequent to the project being reviewed at a meeting of the Heritage Preservation Commission that clears the project for development. The project was not reviewed by the Parks Commission Laura Bluml, 10540 West Riverview Drive, has concerns about the landscaping. They were assured that significant trees would be planted along the road next to the five lots and that has not occurred. She was concerned about traffic control along Concord Drive and Riverview Road. She would like to see someone take a look at the placement of the stop sign on west-bound Riverview Road. She also asked the developer to move the advertising signs for the development that have been placed in the street. Case was concerned that the burial mound site investigation was done during December. When this was first approved he bought into the density transfer concept; however, we now have 51 lots, not 49, and he was at a maximum with 49. He said he is feeling a little bit pushed. Discussion followed regarding the effect of removing the existing house on the total count. Tyra-Lukens said she originally voted for the project because, given the road constraints in the area, this was not the place to do higher density housing. She has watched the development and agrees it doesn't work with the older home in there. She didn't think three more units would make or break the traffic situation out there. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing; to adopt Resolution 97-48 for PUD Amendment Review on 1.29 acres; to approve 1st Reading of the Ordinance for PUD District Review on 1.29 CITY COUNCIL MINUTES March 18, 1997 Page 9 acres, and Zoning District Amendment in the R1-9.5 District on 1.29 acres; to adopt Resolution 97-49 for Preliminary Plat Approval of 1.29 acres into 8 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. G. VACATION 97-01: DRAINAGE AND UTILITY EASEMENTS IN BOULDER POINTE (Resolution 97-50) Jullie said the official notice of this Public Hearing was published on February 27, 1997 in the Eden Prairie News. The property owner has requested the vacation of the underlying drainage and utility easements over two adjoining lots within the Boulder Pointe Subdivision. The applicant has purchased both lots and intends to construct a single-family home and replat the two lots into one. The replat will include the dedication of replacement drainage and utility easements. There were no comments from the audience. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 97-50 Vacating the Drainage and Utility Easements within Lots 1 and 2, Block 1, Boulder Pointe. Motion carried unanimously. XI. REPORTS OF OFFICERS C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 2. Proposed Policy on Priority Use of City Facilities Lambert reviewed the draft policy, noting this issue was initiated a number of months ago with a request from another baseball club for use of playfields. This brought up other issues that staff felt needed to be addressed including the issue of second seasons. We have lost the ability to keep our fields in good condition. Another issue is the amount of field use per team. We have more and more requests from different age groups needing a field every day of the week. He said we have never set any standards on usage. There have been a lot of discussions at meetings over the last three or four months with representatives of the various athletic clubs. Another issue that came up during the meetings is how the various associations operate. We as a city have given various clubs exclusive use of public facilities. On occasion we would get complaints from parents who don't think a club is operating fairly, and they ask what the city is doing to monitor them. He said the main thing that came out was the proposed policy presented tonight. They used an outline that the City of St. Louis Park used a few CITY COUNCIL MINUTES March 18, 1997 Page 10 years ago, but they made significant changes to that policy. It has been accepted by all of the athletic associations with the exception of the FoxJets who had concerns about priority usage and the 95% Eden Prairie resident requirement. Lambert said the Parks Commission recommended denial of the request from the Fox Jets and recommended that all swim clubs be treated like the rest of the associations. The FoxJets have a history of providing service to people other than Eden Prairie residents and are now about 67% Eden Prairie residents. They have paid coaches and pay for the rental of the pools by bringing in more members. We recommended that they go to 75% Eden Prairie residents within two years, and they are requesting that the city consider granting a variance to them for 70% within two years. They don't want to go to any of the kids in the club and tell them they can't participate. He said one of the reasons the Parks Commission recommended denial is that there are two swim clubs that are asking for pool time. The Dolphin Aquatic team has requested time and the state swimming authority recognizes kids on that team as an Apple Valley team, therefore we should look at that team as being from Apple Valley. They are concerned that the Dolphin team could decide to organize their own club and be 100% Eden Prairie residents and then take the prime time because of that status which would make it difficult for the FoxJets. Dan Rasmussen, 13598 Woodmere Circle, said he is on the board of the FoxJets. He reviewed their request for variance and asked that they receive a Priority III and get an effective date of 3/15/99 to comply. He said they would continue to actively recruit Eden Prairie members, but they do not want to be forced to ask non-residents to leave the team. Ken Bomben, 9260 Talus Circle, represented the Eden Prairie Soccer Association. They would like to take issue with the statement of Mr. Lambert that the Soccer Association and the Soccer Club have had spring and fall soccer here since 1988. He said their fall season has always been as big or bigger than the spring season. He was concerned that the policy will force them to distinguish between their seasons, and they have no good criteria for splitting the two seasons. Tyra-Lukens asked if they were forced to designate a season, would it be the same as the Soccer Club choice. Bomben said they would be inclined to ask for a different primary season, and they probably would prefer to have spring designated as their second season. Case thought we are finding that each of the sports has its own unique requirements. He couldn't think of another sport that should be CITY COUNCIL MINUTES March 18, 1997 Page 11 encouraged to have two seasons more than soccer because of its low price, lack of equipment required and the skill level required Tom Beirman, 9160 Flyway Circle, representing the Soccer Club said it is hard to believe we are running out of field space already; however, the new fields at Miller Park are restricted to use for games only. The practice space in the community has dwindled, and their club has over 600 members. They have had spring and fall seasons since 1982. He would like to see all-weather fields constructed. We need to think about an indoor, multi-purpose facility for a multitude of programs. Gerard Wersal, 12645 Sunnybrook Road, could see the strain on the parks and on our budget. He wondered if with new developments we could start looking at some of the locations that are now limited use facilities. He said there is property by Staring Lake where a house was taken down that might be made into a limited use facility. Case wanted to probe the concept of sanctioning one club to provide services in the community. He thought we were going to develop criteria to give to groups that serve the greatest number of kids. That way we could have more control over the open elected official process because groups would want our sanction. Lambert said he would be interested in the City Attorney's opinion on sanctioning a group. He didn't think we have to do that if we adopt the policy. The associations have talked the staff into recommending 95% Eden Prairie participants, and he didn't think we would have an issue with the 5% non-resident. What this does is to have the major association that is providing for most of the kids get priority and allows fields to be allotted according to priority. The one thing that is different is the pool usage, but everything else will fall into place. Case asked if he envisioned what might happen if the new swim team hit the same percentage of participation as the FoxJets, or what happens if the FoxJets stay at only 69% participation by Eden Prairie kids and there is no allowance for hard numbers. Lambert said the policy recommends that the club with the most participants receive priority. He said they don't want to limit the participation of the swimmers and skaters because they purchase time from the City at the Community Center. We want to sell out all of the hours of pool and ice time. He didn't think that the FoxJets will suddenly have extra money to buy up all the pool time. Lambert thought this is where swimming is different. He didn't know what the percentage of Eden Prairie residents should be set at, but if we don't set a number there will be a problem. CITY COUNCIL MINUTES March 18, 1997 Page 12 Tyra-Lukens was concerned that if we don't follow a policy of "sanctioning" there will be a lot of organizations offering the same sport and it will be difficult for the parent or child to decide which group to choose. She thought we need to make an exception for the swim club, and 70% residents may be too great. She thought there might come a point where, if the percentage of resident participants gets too small, then we need to reconsider. She thought the Fox7ets' request was very reasonable. Concerning the soccer issue, Tyra-Lukens thought they serve a great number of kids in the community and it is hard to say that there is a primary season for them. She thought we might want to leave them as a Priority III but with an exception for their primary season. Thorfinnson had a problem with setting precedent if we give a waiver. We are the deliverer of services and he didn't think we should be turning it over to one particular club. This addresses the number of residents, and for swimmers we would reduce the percentage to 70 or 75%. He thought the greater number takes priority after meeting the percentage require- ment. He was not comfortable approving this with all the questions we have. He thought we need some sort of system like this, but he would like to get away from calling it waivers, possibly by writing it into the policy. Butcher-Younghans also was not sure about sanctioning. Multiple programs do offer multiple opportunities. We would be doing a favor by offering an exception for the swim clubs. She thought we might want to revisit the percentage figures after a year or so. Rasmussen said they have agreed with Lambert to sit down once or twice a year and plan for use of the pool. They have also agreed to consider paying a fee for non-residents as they are also concerned about subsidizing non-residents. They would not pass that along to the non-residents, but rather would absorb it as a club. That would limit them from bringing on more kids from other communities. They are also working on concepts for adding kids to the program but they will need time to implement a percentage figure. Harris asked what the experience has been in St. Louis Park with the policy they developed and if there are other cities who have the same problems. Lambert said St. Louis Park is the only one they found with a policy, and we made a lot of changes and additions to their policy to address the priority use of fields. We tried to make it fair and not have a different policy for each association while giving priority to items other than just the percentage of residents. Harris had concerns with the use of the word "sanctions." She was uncomfortable identifying one club as the sanctioned group. She wanted to keep it open to all residents of the city. She was willing to bend the CITY COUNCIL MINUTES March 18, 1997 Page 13 regulations to allow the swim team to build on the number of Eden Prairie residents, but she can't decide how best to handle this. Case said he would like to see the swim team receive an exception for 70%, but he wanted to clarify it so that other sports understand why there is an exception. He was also okay with giving them time to reach the 70% goal. He was also in favor of a non-resident fee for all sports, and that might be a way to address some concerns of residents. He thought if we looked at the grandfathering issue, soccer has had 16 years of operating with two season, and that might be a way to resolve the precedent issue. He thought the policy should be brought back with an explanation or rationale for soccer. Dick Brown said the committee has been working on this for months. We have another decision to make regarding the improvements that will be made in the pool. He said we are leasing pool space at a little more than half of the costs to run the pool. He thought it is about time the team started paying for what they use. He was also concerned that there would be no time for repairs if we have two soccer seasons. Case said he would like to see this brought back with the exceptions worded correctly. Thorfinnson was having trouble saying that two soccer seasons are the rule. He was okay with the swim team exception, but he wanted to know how many other sports might have two seasons and might come forward to ask for an exception. Harris thought we are stuck on the fact that we need to continue to review this. She would like to see it come back for review at a workshop. A lot of thought has gone into this and a lot of review has been done. Tyra-Lukens thought we need to clarify the policy for sports that are year round like the FoxJets in terms of at what point in time we will look at their rosters. She thanked the Park and Rec. Commission and all others who had input to the draft policy. The consensus was to remand the issue to staff and have them bring it back at one of the Council's early workshops. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." CITY COUNCIL MINUTES March 18, 1997 Page 14 VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. TELECOMMUNICATIONS TASK FORCE-Report Jullie said during its last several meetings, the Telecommunications Task Force, which includes Mayor Harris and Councilmember Thorfinnson, has been working to draft a Zoning Ordinance Amendment for construction of wireless telecommunications. This is pursuant to City Council direction on August 6, 1996. After meeting with industry representatives and researching other cities ordinances, the Task Force has finalized draft amendments to the City Code relating to telecommunications towers and antennae. The next step is to refer the proposed amendments to the Planning Commission for its review and recommendations prior to formal City Council consideration. A City Council Public Hearing is scheduled for April 1, 1997. MOTION: Thorfinnson moved, seconded by Case, to refer the draft Ordinance to the Planning Commission for review at its March 24 meeting. Motion carried unanimously. X. APPOINTMENTS M. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on City Manager's Performance Evaluation Session Harris stated during the Closed Session on March 4, 1997, the Council completed Mr. Jullie's Annual Performance Review. Mr. Jullie received very positive ratings from the 3 community groups surveyed and also positive reports from City Councilmembers and Department Heads. The Council reviewed pertinent salary survey information and approved a salary increase of 3.75% effective March 1, 1997, in accordance with the City's employee salary guidelines. 2. Preliminary Report on Review of Boards and Commissions Committee Thorfinnson reviewed a preliminary report of the committee working to review the Boards and Commissions. The committee is made up of Thorfinnson, Enger and Swaggert who met with the staff liaisons to the Boards and Commissions, the Chairs of the various Boards and Commissions, Council members and City staff. He said they are CITY COUNCIL MINUTES March 18, 1997 Page 15 recommending that commissions should help prepare issues for action by the Council. They would operate according to guidelines prepared by the Council using community values to develop an effective advisory process. He suggested using a planning workshop to revisit the guiding principles discussion and use those to develop community values to provide guidelines for the future. They want to revisit the communication between boards and commissions and the Council, to replace the joint meetings with regular presentations on the Council agenda, to encourage boards and commissions to bring forward issues and concerns on a timely basis, and to use the next strategic planning workshop to complete the community values statement. Their next step as a subcommittee will be to begin meeting with each of the commission liaisons and board chairs to gather information. B. REPORT OF CITY MANAGER 1. Review Schedule for Council Workshops Jullie presented an updated listing for the next couple of months. There are two different topics for May, the Council operational procedures workshop on May 6 and the Youth Assessment Study results on May 20. Thorfinnson asked when we would revisit the proposed policy for use of City facilities. Harris thought we could substitute that in for the liquor sale topic and move liquor sales to June 3. Thorfinnson thought we should get to a system where we have a running list of topics to fill in the workshop schedule. We have also discussed having workshops to bring ideas forward and not have the entire time filled with a specific topic. Case thought we could have some discussion topics at the May 6th meeting. Thorfinnson said he was thinking more along the lines of one session dedicated to whatever issues you want to bring up. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Proposed Improvements to the Eden Prairie CommuWty Center Pool - HVAC and Pool Disinfectant Systems Lambert reviewed the report from Water Technology regarding the deficiencies in the existing heating and ventilating system at the Community Center swimming pool. He said the life of the system is 20 to 25 years. As outlined in the Staff Report of March 18, 1997, Staff is recommending that we replace the HVAC system with one that would CITY COUNCIL MINUTES March 18, 1997 Page 16 double the amount of fresh air and double the amount of air turnover. The cost estimate is around $300,000. They are also recommending improvements to the disinfectant system as put forth in option two to replace the pump and existing chlorine system, doing some plumbing and replacing the filter system at a cost of approximately $65,000. Lambert said they are recommending that we pay for this initially with cash park fees, to be reimbursed as soon as possible from the General Fund. We should also increase the rental amounts we are charging for the use of the pool. We need to discuss with the School District what the fees should be as the competitive swim teams are what is driving the need for these improvements. Lambert read the motion made at the Parks Commission meeting last night that passed on a 6-0 vote: "MOTION: Brown moved, seconded by Wilson, that one of the Commission's responsibilities to this community is to build a park system with the funds available and that major funding sources is cash park fees, and if the Commission would recommend utilizing that funding source for major repairs and maintenance of facilities like the Community Center, they're heading down a road that will guarantee that they will not be able to build a park system with the cash park fees, and with that in mind, recommend these three options to do the right fix, and the right fix is the major repair and ozone system but not to fund it from cash park fees and find another source; and the second option would be if the City does not have the funds available, ask the School District and the City Attorney to figure out a way, if there is a Joint Powers Agreement, allow the School District to assist the City in paying for this improvement, and if that's not feasible, the third option appears to be to do the minimum fix that allows the Community Center pool to operate and function the way it was originally designed and that would mean recommending all competitive swim practices to Oak Point Pool and the Community Center could still hold competitive swim meets, diving practices, and synchronized swimming and move the Foxjets to Oak Point pool also. Motion carried 6-0." Harris said there are major questions about the costs and where the source of funds should come from, as well as the issue of School District participation. Tyra-Lukens asked if there is only one option that will solve the air quality problems if the pool continues to be used as it is now used. Lambert said option one to replace the HVAC system is the only one that will solve the problems with use as it is now. Tyra-Lukens then asked if the other option CITY COUNCIL MINUTES March 18, 1997 Page 17 costing $75,000 would be based on moving to Oak Point. Lambert said Oak Point would not be able to accommodate swimming meets and would not be able to accommodate the number of kids on a swimming team the way they do now. They would either have to limit the number of kids or have staggered practices. They also do not have a diving board. They would have to split the team and have the divers at the Community Center pool and hold the swim meets there as well. Tyra-Lukens asked if the system would handle the air quality issue if the practices were moved. Lambert said when we had smaller swim teams we were not having these problems. Tyra-Lukens thought we have been bandaiding this for a long time, so we should now resolve it. Case thought there was no doubt the School District has to be a player here; however he was not sure how they would agree to participate. They have a potential referendum for some facility improvements. He thought the Joint Powers agreement might be a possibility. He thought we are committed to offering swimming to the public and as a sport in the City so we need to do the repairs. Harris thought the first question is shall we replace the whole system and, if not, then every other decision flows from that. If we feel it is worth replacing and we wish to share that expense with the School District, then we should make every effort to get them in. Thorfinnson asked what their incentive to participate is if we decide to do the improvements now. It truly is a dilemma because if it has to be repaired or replaced then who is going to pay for it. We are looking at a 0.7% increase in the tax rate if we pay for it. He thought this points to the stupidity of past decisions not to have capital improvement budgets—we have no money on hand to pay for items such as this. Lambert said they are asking tonight for authorization to prepare plans and specifications for something, and we could then decide not to do the repairs this year. He said one of the discussions that the Parks Commission had was that we shouldn't make a decision until we know how it will be paid for or if the School District will be involved. He said the City and the School have been partners in providing services for many years; however they will not reimburse cash park fees and, if we use them for this repair, other CIP projects will not get done. Thorfinnson was not convinced that the School will come to the table on this if we go ahead, because of their reaction at our joint meeting when we discussed the issue of paying increased fees. He was not prepared to come up with the funds from the General Fund since we are doing this for the swim teams' benefit and also for the FoxJets. CITY COUNCIL MINUTES March 18, 1997 Page 18 Tyra-Lukens asked if the Oak Point pool is able to handle the air exchanges and if the locker room is adequate to deal with this kind of usage. Lambert said they are at the air quality standards that we are trying to get to, but it is a smaller facility Thorfinnson asked if we are to decide tonight which improvements we would prefer. Lambert said we are asking for authorization to prepare plans and specifications for one of those improvements. We would have the plans and would be ready to go if we decide to go ahead with the improvements. Chuck Newman, of WTI, and Bruce Johnson, of EEA, said they have been involved in similar projects many times before. They explained how the air quality.impacts the water. He said they recommend six to eight air changes per hour to help flush contaminants off the pool surface, and the current system has a turnover of somewhat over four changes per hour. Case was concerned that we are leaning on the School District as a way out when the same tax payers will be footing the bill anyway. Because our constituents pay either way, he was not as sure as the other Council- members are about the need for School District participation. Harris said it is a matter of where it appears on the tax bill. Thorfinnson thought it is a question of perception and he thought it is important that the School District be included in the whole process. Harris thought increased user fees will be required no matter what is done in order to offset utilization expenses. Jullie said the recommendation is that the Council not make the decision to do the project now; however, Staff believes it will be necessary to replace the system. We need to get on with the plans and specifications and refer this to the committee that has been put together to study and make recommendations of joint use of facilities to see if they can wrestle with this. Tyra-Lukens asked if we need a more formal meeting with the School Board. She didn't think the members of the Joint Facility Use Committee feel they are part of the decision-making process. Case agreed we need a meeting on just that issue. Harris asked Staff to set up the meeting and provide some good briefing materials to share with the School Board. She asked if there would be some value in having this discussed by the Joint Facility Use Committee prior to the joint meeting with the School Board. Their review might raise some issues that would help surface items that may need discussion. CITY COUNCIL MINUTES March 18, 1997 Page 19 Thorfinnson agreed with that idea. MOTION: Case moved, seconded by Thorfinnson, to authorize staff to proceed with the preparation of plans and specifications and advertisement for bids for the air handling and pool disinfectant systems at the Community Center pool as per the Staff Agenda Report of March 18, 1997, including the referral of this matter to the Joint Facility Use Advisory Committee for a recommendation on cost sharing and the referral to a joint meeting of the City Council and the School Board. Motion carried unanimously. 3. F13Lg Cloud Field Traffic Study Report Lambert said last November, the City Council approved contracting with Benshoof and Associates for a traffic study to determine what improve- ments should be considered to address the safety issues caused by traffic at the entry and exit points at Flying Cloud Fields as well as the traffic conflicts between pedestrians and automobiles within the complex. He reviewed the plan that shows a two-way road system with parking around the perimeter. The plan would require some fill for parking on the east side and expanding the boundaries somewhat. This would remove the parking conflicts in the center of the site. The first step would be to go to the Metropolitan Airports Commission to see if they would consider allowing us to do this. Case said his only concern is whether there is anything that can be done now to correct some of the problems. Lambert said until the cost estimates are done, the biggest cost will be the fill and we get offers for free fill all the time. Case asked if there is any middle ground. Lambert said anything done there now would be a waste of money. Tyra-Lukens was struck by the fact that this is similar to the pool issue. It is an improvement for safety and is primarily for the use of people that are using the fields. She thought we need to think about what we are doing and have some consistency. MOTION: Case moved, seconded by Butcher-Younghans, to receive the Benshoof and Associates Flying Cloud Fields Traffic Study and to direct Staff to proceed as per the Staff Agenda Report of March 4, 1997. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS CITY COUNCIL MINUTES March 18, 1997 Page 20 1. Award Contract for Interior Painting of Baker Road Reservoir, I.C. 96-5419 (Resolution 97-51) Dietz reviewed the Staff Report of March 18, 1997, recommending the contract for interior painting of Baker Road Reservoir be awarded to DeLoughery Painting. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 97-51 accepting the bid of DeLoughery Painting in the amount of $99,500.00. Motion carried unanimously. Case asked if this is the same type of project as the one at Dell Road. Dietz said this is for the interior painting. 2. Award Contract for Parks/Public Works Maintenance Facility, I.C. 96-5417 (Resolution 97-52) Dietz reviewed the Staff Report of March 18, 1997 recommending the contract for the Parks/Public Works Maintenance Facility be awarded to Sheehy Construction Company. He said Sheehy Construction has informed us of an error in their bid of$53,000; however, we have determined they have not met the criteria to withdraw the bid. He said they are recommending the bid be awarded without alternates two and six. Without the two alternates the cost will be about the same as the revenue; however, we can expect to have change orders. Staff recommends that any additional costs, which might possibly amount to $100,0004150,000, be taken from the utility trunk fund. Dietz said Sheehy has ten days to sign or refuse. If they don't sign, we would then go after the bid bond to pay the difference of$20,000 between their bid and the next lowest bid. In that case, Staff would then return to the Council at the April meeting. Thorfinnson asked if the MnDOT agreement covers both the Fire Department and the Maintenance building. Dietz said it is just the back end of the fire station that the Parks Department uses and the Maintenance Facility. Thorfinnson then asked where the one-time revenues are from. Dietz said it is the 9% fee from the utility fund for capital improvements. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-52, awarding the contract for Parks/Public Works Maintenance Building to Sheehy Construction Company in the amount of $3,619,900.00, subject to the recommendations of the Staff Report of March 18,.1997, which included the requirement of confirmation of the MnDOT settlement for acquisition of the current maintenance facility. Motion carried unanimously. CITY COUNCIL MINUTES March 18, 1997 Page 21 3. Review Proposed Surcharge for Lawn Irrigation/Conservation Dietz reviewed the Staff Agenda Report of March 18, 1997 requesting the Council to establish a water surcharge rate to promote water conservation in Eden Prairie. The proposed extra charge of$1.00 per thousand gallons would apply for summer usage in excess of 150% of the winter quarter amount. The surcharge plan has been jointly developed by City staff and the Environmental &Waste Management Commission over the past year. The Commission believes that this surcharge mechanism provides the best compromise between the number of customers impacted and creating enough of a cost to make the surcharge noticeable. The Commission further recommends that this plan be implemented for the 1997 lawn irrigation season. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the water rate surcharge for lawn irrigation/conservation as recommended by the Environmental &Waste Management Commission per the Staff Agenda Report of March 18, 1997. Motion carried unanimously. Tyra-Lukens said there should be an educational component in the City newsletter if we intend for people to conserve water . Dietz said they plan to use the surcharge revenues for the education budget. They will do some direct mailings and work with the newspapers. F. REPORT OF CITY ATTORNEY MI. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens'moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:00 p.m.