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HomeMy WebLinkAboutCity Council - 12/19/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 19, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILA4FMBERS: Mayor Jean Harris,Ronald Case,Patricia Pidcock,Ross Thorfinnson,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 All members were present. PRESENTATION OF MRPA (Minnesota Recreation & Park Association) AWARDS FOR EDEN PRAIRIE CITY STAFF Mr. John Gurbin, Executive Director of the Minnesota Recreation&Park Association,presented awards to Elyce Kastigar, Tria Mann, and Laurie Helling, staff members from the Parks, Recreation & Facilities Department. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item M.A.1. Good News Bus and item M.A.2. Snowplowing. Jullie deleted item V.B., noting it will be rescheduled to January 16th for both First and Second Reading. Jullie said there will be a closed session with the City Attorney Mowing the regular Agenda items. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5. 1995 MOTION: Pidcock moved, seconded by Thorfmnson, to approve as published the minutes of the City Council meeting held Tuesday, December 5, 1995. Motion carried unanimously. CITY COUNCIL MINUTES December 19, 1995 Page 2 B. TRUTH IN TAXATION MEETING HELD WEDNESDAY, DECEMBER 6. 1995 MOTION: Thorfinnson moved, seconded by Pidcock, to approve as published the minutes of the Truth in Taxation meeting held Wednesday, December 6, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 95-209 APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 1ST ADDITION C. LAUKKA-IARVIS DEVELOPMENT by Laukka-Jarvis, Inc. 2nd Reading of Ordinance 32-95 for Rezoning from Rural to R1-9.5 on 15.2 acres and Planned Unit Development District Review on 15.2 acres, and Approval of a Developer's Agreement for Laukka-Jarvis Development for La.ukka-Jarvis, Inc. located South of Riverview Road and east of Riverview Drive. (Ordinance 32-95 for Rezoning from Rural to R1-9.5 and Planned Unit Development District Review) D. RESOLUTION 95-210 APPROVING FINAL PLAT OF THE BLUFF AT RIVERVIEW (located south of Riverview Drive) E. RESOLUTION 95-211 APPROVING FINAL PLAT OF TAMESTOWN OF EDEN PRAIRIE 3RD ADDITION (located at the southeast quadrant of Dell Road and Cascade Drive) F. RESOLUTION 95-212 APPROVING FINAL PLAT OF BIRCH ISLAND ACRES 2ND ADDITION (formerly Pafko 2nd Addition), located along the extension of Kurtz Lane G. APPROVE JOINT POWERS AGREEMENT ON OAK POINT POOL H. APPROVAL OF CHANGE ORDER FOR MARKETCENTER CONSTRUCTION CONTRACT Regarding item C, Case asked staff to stay with the process in Phase 2 and 3. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve Items A-H of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. AMENDMENT TO HOUSING PROGRAM FOR TANAGER CREEK AND PRELIM]NARY APPROVAL TO THE ISSUANCE OF $13,677,350 OF MULTI-FAMILY HOUSING REFUNDING BONDS (Resolution 95-213) CITY COUNCIL MINUTES December 19, 1995 Page 3 Continued from December 5, 1995 John Utley, bond counsel for the transaction, said this is preliminary approval to the issuance of the multi-family housing refunding bonds. When the documentation is complete, they will return for approval of the specifics of the transaction, probably in mid to late January. He said the approval of the housing program is required under state law as a condition of the issuance of the bonds. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-213 adopting a Housing Program for the issuance of multi- family housing revenue bonds for Tanager Creek. Motion carried unanimously. B. MEDIA PLAY by Musicland Group, Inc. Request for Planned Unit Development Concept Review on 23 acres, Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Rural to Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into two lots. Location: Eden Prairie Marketcenter (between Brunswick and Bachmans on Singletree Lane) (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to Commercial Regional Service and Resolution for Preliminary Plat) This item was deleted. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfimnson, Tyra-Lukens and Harris voting "aye." VIL ORDINANCES AND RESOLUTIONS A. RESOLUTION 95-214 ADOPTING THE 1996 TAX LEVY AND 1996 BUDGET Jullie said staff has prepared the required resolution which adopts the 1996 tax levy and the proposed General Fund budget. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 95-214 certifying the 1995 Tax Levy collectible in 1996, and adopting the 1996 General Fund Budget. Motion carried unanimously. B. RESOLUTIONS 95-215 and 95-216 ON ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY CITY COUNCIL MINUTES December 19, 1995 Page 4 7ullie said staff has prepared two resolutions covering drug and alcohol testing policies for Eden Prairie City employees. Harris asked if this is in the budget. 7ullie replied this is one of the unfunded mandates. We need to get experience with it and see if the unfunded budget amount will cover this. Harris asked staff to document the expenses and staff time incurred so we can substantiate the costs. Pidcock asked if the funds collected by the Police Department in drug raids can be used for this sort of expense. 7ullie said there have been new restrictions put on such funds, but staff will check into the issue. MOTION: Thorfinnson moved, seconded by Pidcock, to adopt Resolution 95- 215 for Drug and Alcohol Testing Policy for the City of Eden Prairie; and to adopt Resolution 95-216 for Commercial Vehicle Operator Alcohol and Controlled Substances Testing Policy. Motion carried unanimously. VM. PETITIONS. REQUESTS AND COMMUNICATIONS A. PETITION FROM RESIDENTS OF WESTWIND ADDITION IN THE PRESERVE CONCERNING THEIR STORM DRAINAGE SYSTEM 7ullie said City Engineering staff have been reviewing the concerns expressed by residents from the Westwind Addition of The Preserve in their petition concerning storm water drainage issues. The Engineering staff have identified a solution, but the issue of how we can pay for the improvements remains. We need additional time to work with the Preserve Homeowners Association in order to devise a funding plan. 7ullie suggested Staff return at the second meeting in February with a recommendation on this issue. Leon Dominick, representing the residents who signed the petition, said he would be willing to wait another 60 days. Evelyn Law, representing the Preserve Homeowners Association, also agreed to the 60-day wait. MOTION: Tyra-Lukens moved, seconded by Pidcock, to receive the petition letter from residents in the Westwind Addition of The Preserve, and to refer this matter to City staff for a report back to the Council within 60 days. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES December 19, 1995 Page 5 1. Good News Bus Pidcock said Southwest Metro is developing a local transit initiative called the Good News Bus and plans to ask the Governor for a demonstration project to promote the initiative. It is designed to provide cost efficiencies and reduce government operating subsidies. She said they will be seeking a resolution of support for this initiative from the city councils in the three-city joint partnership agreement, with more details to come in January. 2. Snowplowing Pidcock said she has received a number of calls claiming the plowing crews of the Engineering Department have been discriminating against certain areas of the City . Director of Public Works Dietz reviewed the policy regarding driver route assignments, noting each year staff has a snow meeting that includes the personnel that do the plowing and the Police Department representative, as they are the ones who deal with towing and tags. Dietz said the particular situation Councilmember Case called him about was rectified this afternoon. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Recommendation regarding Cash Park Fees Jullie said the staff memorandum of December 19, 1995, describes the rational for recommended changes in the Cash Park Fees for 1996. The changes proposed will put Eden Prairie in line with other third tier suburbs, but still below ten percent of the value of the unimproved land as permitted by State Law. If the Council approves the changes, they will be incorporated into the fee resolution for the January 2, 1996, Council Agenda. Jullie said the Parks, Recreation & Natural Resources Commission reviewed the proposal last night and recommended approval. Pidcock was concerned raising the cost to home buyers will affect low cost housing in the City. She asked if there is any way we could leave fees at the current level. Jullie said we could, but we need to upgrade our parks system and we are approaching the depletion of the cash park funds. We are trying to bring the fees into line with what other communities are charging. This would bring a needed revenue that would otherwise be a property tax levy. Case said this is a necessary change, but was concerned this in no way will cause us to require cash rather than land dedication. Jullie said we will still have the option of land dedication. CITY COUNCIL MINUTES December 19, 1995 Page 6 MOTION: Tyra-Lukens moved, seconded by Case, to set the residential park fee at $1,200 per unit for both single family and multi-family residential developments for 1996, and the fee for commercial, office and industrial development be set at $4,500 per acres for 1996, per the recommendations of the Staff Memorandum of December 19, 1995. Motion carried unanimously. 2. Recommendation regarding Facility Use Fees Jullie said staff has prepared recommendations for changes in the fees charged for use of various City facilities. If approved, the changes outlined in the staff memorandum of December 19, 1995, will be included in the fee resolution to be adopted at the January 2nd Council meeting. The basic rationale for all of these fee changes is to reduce the general taxpayers subsidy of private, individual or group use of these public facilities, and to move to a position that requires users to pay the direct cost that is associated with their private use of a facility. Jullie said the Parks, Recreation&Natural Resources Commission reviewed the proposal last night and concurred with the staff recommendations except they recommended the additional charge of $2.50 per hour be included beginning January 1, 1996, and the increases to $115 for prime time and $85 for non-prime time begin April 1, 1996. Case was concerned the public is not being well served by the City charging the School District, and the School District charging the City. He asked staff to check out how these fees are charged so we can find a better way to serve the community. MOTION: Pidcock moved, seconded by Thorfinnson, to approve the staff recommendations regarding the proposed facility use fee increases for 1996, per the Staff Memorandum of December 19, 1995, and the additional recommendation of the Parks Commission regarding the timing of the increases for the ice arena. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Discussion of Sewer,Water and Stormwater Enterprise Budget,Water Rates and Related Development Fees Dietz reviewed the staff memorandum of December 19, 1995, that proposes a 5% engineering fee be applied upon privately developed improvement projects. The proposed fee would help to cover the costs incurred in the Engineering Division for administration, review and inspection of public improvements. CITY COUNCIL MINUTES December 19, 1995 Page 7 Pidcock noted Minnetonka and Edina were not included in the comparison table. Dietz said staff selected cities that are in the growth stages, and those two cities did not fit that criteria. Tyra-Lukens asked if we should be considering doing all the work. Dietz said we had some criticism of the selection process for consultants to do our own work, so this process was established as a moderate middle-of- the-road solution. Tyra-Lukens asked if we have a chart that shows the 5% increase and how that projects out. Dietz said we did not do that; however we do not plan to become dependent on fees to fund the general operating budget. Harris noted this item came forward from the Council as part of the budget discussions. The consensus was to bring the 5% engineering fee forward in the fee resolution. In order to finance the water plant expansion which will require $22 million to complete, Dietz said they are proposing an increase of$1,000 for the trunk assessment rates for 1996 and an increase of$250 per year thereafter. He reviewed the history of trunk assessment rates in the City. Thorfinnson asked if we will review storm water charges. Dietz said we do not have any up-front storm water charges for development projects; however, there is a line item on the quarterly bill for commercial and industrial property that funds the storm water system. Case said his calculations showed Mr. Dietz's numbers to be an increase of $700 per single family plotted lot on future developments. Dietz replied it would have been better to begin this five years ago and have an incremental increase, but we now have to do something to retire the debt on the system. Dietz said we do not plan to have any real increase in expenses for the water fund budget for 1996. Thorfinnson asked if we would postpone some maintenance. Dietz replied we would not replace old cast iron water systems in some town home developments, but would include some other projects with higher priority. Pidcock asked if cleaning the ponds referred to NURP ponds. Dietz said this refers to the lagoons on the plant sites. Dietz reviewed the history of the Utility Fund net income since 1990, noting the fund is in decent shape. He said the metro waste disposal costs have been very erratic. Staff is proposing a five cents per 1,000 gallon increase in water rates and a 5% increase in sewer rates. CITY COUNCIL MINUTES December 19, 1995 Page 8 Thorfinnson said it would be helpful to look at these figures going out into the future in order to see what the trends are. Dietz said we have the focus 2000 plan for the water system in terms of staffing, but sewer is very weather dependent. He said it would be possible to do some projections using a 4% growth factor. Thorfinnson said it would be helpful to have some substantiation of why we need $1.0 or $1.2 million in retained earnings so there is some justification of the increases from the residents' perspective. Dietz said staff could prepare that before the January meeting. Tyra-Lukens asked if there are any legal maximums for retained earnings or if the accountants have made recommendations. Dietz said we just let retained earnings drop down in recent years. Pidcock asked if we charge any kind of fee for people that put in sprinkler systems. Dietz said we do. Pidcock then asked if we should have a surcharge for those systems. Dietz said that is a dilemma since we have required landscaping at the development level. We will try to identify more drought resistant plants or different types of watering. Pidcock said, at the time we set the requirements, we didn't have the problem of a water shortage. She thought we should reevaluate our policy on water usage at this point. Case said he thought this deserves some type of workshop session. He also wanted to have some statistics at another meeting showing the effect on a typical utility bill. Thorfinnson thought discussion of these issues should be made a part of the regular budget process. The consensus was to have a workshop session in order to review the whole issue of utility costs. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:05 p.m. The Council then met in a closed session with the City Attorney.