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HomeMy WebLinkAboutCity Council - 03/06/2001 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 6, 2001 5:00-6:55 PM, CITY CENTER HERITAGE ROOMS I&H CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Public Works Services Director Eugene Dietz, City Engineer Al Gray, City Attorney Ric Rosow and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:30 p.m. II. APPROVAL OF AGENDA III. HIGHVIEW DRIVE/LAKELAND TERRACE NEIGHBORHOOD GROUP Mayor Harris welcomed residents of the Highview Drive/Lakeland Terrace neighborhood to the meeting and reviewed the agenda,which was as follows: • Project Chronology • Neighborhood Input • Council Discussion of Expectations Public Works Director Gene Dietz presented a chronology of the project(attached). Dietz indicated that most of the underground construction in the Highview Drive roadway is completed. The wearcourse(top 1-1/2"of bituminous)will be laid in June 2002; however he expects the project to be substantially complete by August 2001. Ann Florenzano, a Lakeland Terrace homeowner, explained she had been asked by the neighborhood to present concerns of residents who are unhappy with the way in which the Highview Drive/Lakeland Terrace utility project has proceeded. She said the neighborhood believes the process should have been handled differently. Florenzano presented the following concerns: 1. The project proceeded unevenly. The group feels the project has moved in"bits and starts,"beginning with an informal informational neighborhood meeting in 1997 or 1998 followed by a gap of a year or two during which residents did not hear anything from the City and did not know if the project would proceed. She said there has been little or no communication between the City and the neighborhood from the December 19, 2000, Council Forum at which they appeared and this meeting. COUNCIL WORKSHOP MINUTES March 6,2001 Page 2 2. The City led the neighborhood to believe boring was a viable option. Florenzano indicated that the City presented the neighborhood with the option of using the less evasive boring technology,which minimises disruption to the landscape,but later recanted due to the high cost. 3. Amount of assessment. When the project was first presented,the assessment cap was $15,500,but by the time the project was approved the Council had raised the cap to $19,600. Florenzano also said residents were led to believe that the Settler's Ridge lift station project would help reduce their assessment for this project. 4. Poorly planned neighborhood meeting in Fall 2000. After the City Council voted to approve the contract for the project, a vote was taken at a neighborhood meeting on whether or not residents thought the project should proceed immediately(Fall 2000) or should be delayed until Spring 2001. Although the majority of those present indicated they wished delay the project,it was started in Fall 2000. 5. Unresolved easements. As digging proceeded,the City expected owners to sign easements without allowing them adequate input or time to consider the long-term implications. Florenzano said some easements critical to the project are still not signed, although the project is well underway. Florenzano presented suggestions from the group on how the project could have been better handled, including the following: • Sending out informational letters on a regular basis • Not presenting options (such as boring)that are not really feasible • Informing residents of impending bad news sooner rather than later • Conducting more effective meetings. In particular, letting people know whether meetings are informational only or for decision-making purposes • Sharing engineering plans with residents so they understood what was really proposed Resident Tom Knauer distributed a letter from residents of Highview Drive and Lakeland Terrace that restated some of the concerns raised by Ann Florenzano and asked the Council to: • Bring the assessment cap closer to the previous $15,500 cap • Assure residents that directional boring will be used on private property easements where owners so request • Extend the mandatory hook-up to utilities beyond five years • Present the neighborhood with a plan for reforestation The letter also asked the following: • Does the City plan to resolve easement issues before breaking ground on the second phase of the project? • Will the City pursue condemnation proceedings if owners refuse to sign easements? • If the City does proceed with condemnation,what recourse do residents have? COUNCIL WORKSHOP MINUTES March 6,2001 Page 3 Public Works Services staff responded as follows: Project Chronology. Dietz noted that the petition from the neighborhood was received in 1996. It wasn't until April 1999,that the ability to extend utilities to the neighborhood existed;however at that time there was not complete buy-in from the neighborhood. The issue of stormwater gardens also contributed to delays in the project. In Spring 2000,the City started hearing from some residents whose septic systems were failing. They questioned why the project had not proceeded. Boring Option. Dietz said he has attempted to balance the wants and needs of neighborhood residents while keeping project costs within reason. This is the most expensive sewer project ever undertaken by the City, and while directional boring is being used in some instances,it is cost-prohibitive in others. He noted that the City is already subsidizing$13,000 per parcel for the Highview Drive segment of the project. Communications. Dietz noted that City staff had held more neighborhood meetings on this project than any other. City Engineer Al Gray said there had been minimal communications with residents on easements because they indicated at the December 19,2000, Council Forum that they did not wish to work with staff until they had appeared at another Council Workshop. Easements. Dietz said residents were told from the beginning that it is not the City's policy to pay for easements,but that the City would cover the full cost to reestablish landscaping. He said it is not unheard of for the City to begin a project without all easements in place. He acknowledged that the City did take a calculated risk beginning the project without all easements,but that staff s goal was to deliver the project on the schedule set by the Council. While he knew of some residents who did not want to start the project in the Fall,he also heard from some who did want to proceed. The issue of when to start the project came up unexpectedly at a neighborhood meeting, and despite the sentiments expressed at that time Dietz felt an ethical responsibility to start the project as scheduled. Mayor Harris asked for input from both staff and residents on how to proceed with the project. Gray said he would set up meetings with each owner with whom there is an outstanding easement within the next two weeks. Florenzano pointed out that some easements affect more than one property. She also suggested starting with the most critical easements first. Knauer asked if the residents would get question by question responses to the issues presented in their letter. Mayor Harris said the first priority was to set up meetings for the easements, and that tackling the tough ones first makes sense. Harris noted that bringing the assessment cap down would be a broad policy action that would have to be made by the entire Council and adopted with due deliberation. She said that she felt that since such a decision would affect the City as a whole, it was unlikely to occur. Because of the cost, she said she could not guarantee boring would be used wherever requested. Councihnember Tyra-Lukens said she feels the Council has always believed that assessments should cover the cost of improvements. Homeowners who purchase homes in developments in Eden Prairie have already paid for their utilities as part of the price of their homes. She does not feel the Council should pull back the assessment cap. She also noted COUNCIL WORKSHOP MINUTES March 6, 2001 Page 4 that the Council would not have considered more expensive boring as an option if the assessment cap were still at$15,500. Councilmember Case said he feels communication is really the root issue, and that he feels government can do a better job than it is doing. He voiced his opinion that a PR person might help on potentially controversial projects. He is comfortable with the$19,600 assessment cap since the City will still be subsidizing the project at$13,000 per parcel. He also said he was comfortable exploring the feasibility of using boring even if it means slightly raising the$33,000 per parcel project cost. Dietz said no condemnation proceedings had been undertaken,but that the City does have the option of condemnation. One resident said the neighborhood would like to hear that the project will not go forward until all easements are resolved. She also said the assessment is a burden to some in the neighborhood,particularly those who have had new septic systems installed within the last two years. Dietz said he was reluctant to say no work on the project will be done before easements are obtained,but he assured residents no digging would take place on properties on which the City does not have easements. Mayor Harris asked staff to do the following: • Meet with owners regarding easements. If an easement involves more than one property, attempt to arrange a joint meeting. • Develop a new project plan and schedule. Distribute to the Council and residents. • Ensure timely communication of events that may delay or affect the project. IV. COUNCIL FORUM V. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m.