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HomeMy WebLinkAboutCity Council - 11/01/1983 4PPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 1, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen 1 CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Attor- ney Richard Rosow, Finance Director John D. Frane, f Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Community Center Manager Charles J. Pappas, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Wolfgang H. Penzel was absent; Councilman Redpath presided. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda : IX. A _Anderson_ - Landfill/ Reqycl i nq and X . A. Letter from Bruce Bermel . MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II . MINUTES A. Continued Council Meeting held Thursday , October 6, 1983 MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of the Continued Council Meeting held Thursday, October 6, 1983, as published. Motion carried unanimously. B. Regular Cif Council Meet qg_ held Tuesday. October 18, 1983 MOTION: Bentley moved, seconded by Tangen, to approve the ,Minutes of the Regular City Council Meeting held Tuesday, October 18, 1983, as published. Motion carried unanimously. C. Special _City Council Meeting held Tuesday, October 25, _1983 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, October 25, 1983, as published. I-lotion carried with Tangen abstaining. City Council Minutes -2- November 1, 1982 D. Special_ City Council Meeting Feld Wednesday!, October 26 , 1983 I MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Wednesday, October 26, 1983, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk' s License List B. Signal Agreement with- Hennepin County (Resolution No. 83-274) C. 2nd Reading of Ordinance No. 32-83, Zoning from Rural to R1-13.5 for Purgatory Ridge {formerly Rembrandt Ride b Neil A. Lewis and Associ - ates , and Adoption of Resolution No. 83-268, Approving Development Plan. 19 single family residential lots east of 168th Avenue West and south of Chatham Woods. D. Final Plat approval_for Purgatory Ridge (formerly Rembrandt Ridge_ east of 168th Avenue West, south of Chatham Woods (Resolution No. 83-276) E. Final_ Plat approval for Menard' s 4th Addition (Resolution No. 83-277) F. Beckman R. L. S. y G. Request for Public Hearing_ for ,the removal of Diseased Trees on Private Property_ and set date of Public Hearin_9_:for December 6, 1983 H. Parks , Recreation & Natural Resources Commission regarding Riley c Lake Par Usage_Report _ 1 . Review and a rove Timber Creek Park Conce t Plan Pp��_ __ J. Approve Phase I Bids for Cummins/Grill Homestead K. 2nd Reading of Ordinance No. 51-83, Zonis_from Rural to RM-6.5 for Bluff Ridge by-Mark Charles, AST val of Develo er ementT fo—r Bluff idle, and Adop tion of Resolution No. 83-264, Approving Summary of Ordinance No. 51-83, and Ordering the Publication of Said Summa y of Bluff Ridge. 86 units on 16. 2 acres at County Road 1 and F'ranlo. L. 2nd Reading of _Ordinance _Now 50_-83, Zoning from Rural to Regional Commercial Servicefor Castlemoor Office Park _y Tudor Oaks/ABIO Holdings, Approval of Developer' s A�reement _for_Cas'tlemoor Office Park , and Adoption of Resolution No. 83-265, Approvi ny_ Summary of Ordinance No. 50-83 and Ordering the PU - cation_of Said _S_ummary of Castlemoor Office Park. ' 3. 5 acr- es mar- office' and bank at -Highway 1.69 and Castl emoor Drive. M. 2nd Reading of Ordinance No. 52-83 , Zonin9from Rural to, R1-13. 5 for Paulsen' s Addition by_ Di rl am Development _and Adoption of Resolution No. 83-266_, Approving D"e"velopment Plan. V 43single family lots on 21.6 acres at Valley Road and Ticonderoga Trail . City Council Minutes -3- November 1, 1983 N. 2nd Reading of Ordinance No. 48-83, Zoning from Rural to R1-13.5 f_or Mad e Hill Addition by Charis Partnership_and Adoption of Resolution No. 83-267, �_pro nR Development Plan. 12 lots at 18811 Duck Lake Trail . 0. 2nd Reading of Ordinance No. 53-83, Zoning Amendment for 1st National Bank of Edina and Adoption of Resolution No. 83-269, Approving Development Plan. Drive-through banking facility at Prairie Center Drive and Franlo Road. P. Final Plat approval for Apple Groves (Resolution No. 83-278) Q. Final Plat approval for Apple Groves 2nd Addition (Resolution No. 83-279) MOTION : Anderson moved, seconded by Tangen, to adopt items A - Q on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. SPECIAL ASSESSMENT HEARING, I .C. 51-335 (Resolution No. 83-291) i City Manager Jullie noted the purpose of this Hearing was to amend the Special Assessment amount for street benefits against the Portnoy property on Valley View Road. Assistant City Attorney Rosow called attention to Resolution No. 83-291 which amended the Special Assessment amount to $10,000.00. This reassess- ment is pursuant to Chapter 429 where if a particular assessment is found to be excessive, and that is the finding under this Resolution , a reassess- ment can be ordered. The agreement signed by the property owner waives the right to further appeal . There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-291 , approving reassessment on Parcel 12-116-22-14-0019 (formerly 12-116-22-14- 0002) . Motion carried unanimously. B. FEASIBILITY REPORT, SHADY OAK ROAD IMPROVEMENTS, I .C. 52-026 City Manager Jullie stated notice of this Public Hearing had been published and property owners listed on the Preliminary Assessment Rolls had been noti- fied. 1 Director of Public Works Dietz addressed the report which had been submitted to the Council in August. He outlined the area included which was Shady Oak Road between TH 169/212 and the Crosstown Highway (CSAH 62) . This feasibility report resulted because of the development in that area and the City' s view of the need for such improvements. He explained the assessments as proposed were based on trip generations rather than the standard front foot assessment which has been used in the past. Dietz reviewed how this would be accomplished and the methodology used to determine the number of trips generated. i City Council Minutes -4- November 1 , 1983 Questions were raised by members of the Council regarding this method of assessing improvements. Dietz said it can be argued that this is another way to determine cost/benefit. There was discussion as to when the project would be done. Dietz said he would recommend, if this is adopted tonight, that a date of May 1985 be added otherwise this project would have to be awarded one year from the time it was adopted. This would mean that the assessments would be on the 1987 tax rolls (assessed in 1986 for payment in 1987) . Redpath asked when the Crosstown Highway is proposed for expan- sion west of Shady Oak Road. Dietz indicated grading will begin in 1985. Bentley said it was his recollection that Dick Anderson/City West had agreed to pay the entire cost of the project. He said his approval of the City West development was based upon his understanding that Anderson/City West had agreed to this. Jullie said it was his understanding that. Anderson was willing to pay his fair share of the cost, that a 100% petition had not been agreed to for this. Jullie said the City could wait until the warrants indicate the road needs upgrading and then let the County proceed with the improvements. Bentley asked if, with the proposed assessments , the City is locking Honey- well into a certain type of development because of the level of assessments . Dietz said the Guide Plan anticipated a certain kind of use in this area. As a result, a system was looked at to determine where things should go; Dietz indicated perhaps the City should wait until the proposed development occurs before proceeding with the improvements. He noted that the projected traffic counts for this area suggest a four-lane road will be inadequate. Redpath said he looks upon the assessments which are proposed as not being unlike assessing Char-Lynn, MTS, Water Products , etc. for improvements to TH 5. Dietz said he had thought the mode of the Council seemed to be to look for some innovative way to equitable finance a project such as this. j 4z Ed Sieber, owner of property fronting on Shady Oak Road, asked if the property owners in the Opus 2 development were assessed for the improvements 5 made to Shady Oak Road north of the Crosstown. Dietz said he did not think they were assessed for the road improvements. Sieber said he was under the i impression that the improvements to Shady Oak Road would not occur until after City West was 50% complete. He asked if May 1985 was prior to the projected time of 50% completion. Dietz said it may be. Sieber said he felt these improvements and the assessments for them would place burdens on the adjacent property owners which were not imposed on the property owners to the north in Minnetonka. Ken Beiersdorf, realtor representing the Uherkas , had a question regarding the Amoco site and what the impact would be on future residential develop- ment if there were a loop road for southbound traffic to get onto the Cross- town. Dietz said there could be an impact as a result of the loop road. He reviewed the alternatives and the impact of each on the surrounding properties. Charlie James , James Refrigeration, asked if there would be any right-of-way acquisition costs ; he did not see them included in the feasibility report. Dietz said since all of the property is undeveloped the right-of-way will be dedicated as the property is developed. He said the City hopes to obtain the necessary property through dedication; if not, these would be assessable costs of the project. City Council Minutes -5- November 1, 1983 James asked if this project had been looked at using cpnventipnal methods of assessment. Dietz showed on a map how the cost/benefit would work on the Sieber property if the front foot assessment were to be used the property is very shallow but fronts Shady Oak Road for hundreds of feet. Scott Anderson, ADI representative, said the road construction enhances the value of these properties. He said he would like action on the feasibility report continued for 90 - 1.20 days so that more City Hest development projects might "jell . " Bentley said at the time this feasibility report was requested, he thought it was a 100% feasibility study and he did not think any portion of the project was to be assessed against property owners other than ADI , He said he felt the project was premature in terms of need and the projections were based on sketchy data. He said he would question the legal validity in the method of assessing the project. Bentley said he is tired of the City of Eden Prairie having to build State, Federal , and County roads; it is time for the City to let these agencies act on their own projects. Bentley asked the Council to table this matter until more questions are answered to refer this back to Staff so additional information can be obtained. MOTION: Bentley moved, seconded by Anderson, to close the Public Nearing and to table action to a date uncertain. Sieber said he had been given approval by the City to build a 20-unit apartment building. As a part of the Developer' s Agreement he dedicated 30' along a 250' strip on the southern part of his property to the City for roadway. He had also been required to dedicate a 30' strip along the 1,000' frontage of his eastern boundary to the County. The 30' strip amounted to 7 acres for which he received credit for , 35 acres according to the feasibility report. Sieber said he did not feel an assessment for the road improvements were justified when he had already given so much,. He also indicated that the feasbility report showed more peak hour trips than he felt were justified. He noted his displeasure with getting a "triple shot" as to the proposed assessments for this project. VOTE ON THE MOTION: Motion carried unanimously. . V. PAYMENT OF CLAIMS NOS. 10301 - 1052.1 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos . 10301 - 10521. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. LEE DATA ACCESS by Opus Corporation. Request for Registered Land Survey for 0.4 acre for alternate access for Lee Data site. Location: west of 70th Street at Highway 169. (Resolution No. 83-253 - approving R.L .S. ) - continued from October 18, 1983. # City Council Minutes -6- November 1, 1983 City Manager Jullie reviewed the options available to the City and indicated the Planning Commission had recommended approval of this request. Michelle Foster, Assistant Director of Planning and Governmental Affairs for Opus Corporation, spoke to the request. She said the Planning Commis- sion had placed two conditions on the R.L.S. : 1) easements are required to the City indicating control of the property (both parcels in the R.L.S. are now under one ownership so this condition no longer is a problem) , and 2) dedication of the right-of-way. Foster said Opus is concerned about having to dedicate the right-of-way to the City at this time, they would prefer that the City purchase the property from Opus at the time the improvement is made and then have the cost assessed back to the property. Redpath said the City Council had expressed a strong indication that this property be dedicated for right-of-way at the time the Lee Data proposal was approved. Foster said they were required to purchase the property and had only intended this to be an easement agreement; they had 'not anticipated the cost involved. Bentley asked Foster if Opus would provide a letter of credit, a bond, or some proof if the City would allow the parcel to remain in private ownership until the City could buy the land at a later date. Foster said she was not able to give an answer to that this evening, but that would be something which Opus would consider as an option. She said Opus needs to have this Resolution adopted so they can have the R.L.S. to clear title problems. j, MOTION: Bentley moved, seconded by Anderson , to adopt Resolution No. 83-253 regarding the vacation of land or an agreement to be worked out with Staff to have the right-of-way remain in private ownership. Such an agreement might have the City purchase the land at the time the road is deemed necessary and then have that portion assessed back to the property. Staff is also directed to work out the necessary financial guarantees regarding the dedication of land. Motion carried unanimously. VJ " ORDINANCES & RESOLUTIONS City Manager Jullie introduced William Fahey, Ehlers & Associates, who reviewed why the City should proceed now with refunding the T. I .F. Bonds and explained the rationale for conducting a bond sale in the near future for general obliga- tion .water and sewer bonds, special assessment improvement bonds and equipment certificates. A. Settin Sale of $19�800,000.000 T. I .F. Refunding Bonds (Resolution No. 83-270) MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-270, setting Tuesday, November 29, 1983, at 7: 30 p.m. as the time and date for the sale of $19,800,000.00 T. I.F. Refunding Bonds. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye. " Motion carried unanimously. City Council Minutes -7- November 1 , 1983 B. Settinq Sale of $300,000.00 Equipment Certificates (Resolution No. 83-271) C. Setting Sale of $400,000.0_0 General Obligation Water & Sewer Bonds Resolution No. 83-271 D. Settinq Sale of $2,200,000.00 Special _Assessment Improvement Bonds,_ Resolution No. �__ MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-271 , setting Tuesday, November 29, 1983, at 7: 30 p.m. as the time and date for the sale of $300,000.00 Equipment Certificates , $400,000.00 General Obligation dater and Sewer Bonds , and $2,200,000.00 Special Assessment Improvement Bonds . Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye. " Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to set Tuesday, November 29, 1983, at 7: 30 p.m. in the City Council Chambers, 8950 Eden Prairie Road, as the date, time and location of a Special Meeting of the City Council . Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports_ of Council Members Anderson - Landfill/Recyclin - stated that 2/3 of the materials dumped into x the landfill are recycleable. He said he would like the City of Eden Prairie ` to look into this ; he felt the Council had an obligation to do so. City Manager Jullie said he had met recently with a representative of Henne- pin County. He noted that the state of the art is such that people have to pay more to have their garbage recycled. Staff was requested to get further information on this issue. B. Report of City Manager City Manager Jullie asked that the Council meet prior to its November 15, 1983, meeting to look at the facilities at the Community Center. He noted that added office space in City Hall is badly needed and with additional staff authorized it will be necessary to turn the Council Chambers into office space. When this is accomplished depends on when the Council determines where it wishes to meet. The consensus of the Council was to begin holding meetings of the City Council at the School Administration Building, Board Room, with the first meeting in January, 1984. The consensus was the Community Center meeting rooms are not large enough, there would be problems with parking on evenings when there are hockey games, and there could be a noise problem from time to time. Jullie said Staff would be advised to begin using the new location in legal notices and notices sent to the public; that is the main reason for the length of time necessary before a move can be accomplished. City Council Minutes -8- November 1, 1983 C. Re ort of City Attorne y Assistant City Attorney Rosow said litigation was settled this week with Brown and Cris -- this was in regards to Neill Woods. D. Rekort of Director of Community Services 1_ Award Summer Hockey School Contract Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its meeting on October 17, 1983, and again at its meeting on October 31, 1983. At its meeting last evening it reviewed the proposals presented by Minnesota Hockey Schools and a partnership involving Dick Emahiser, Bob O'Connor, Dick Vraa, and John Erickson. Lambert also addressed his memorandum to the Mayor and City Council dated October 26, 1983. Lambert noted the Parks , Recreation & Natural Resources Commission had recommended the City enter into an agreement with the partnership and requested a performance bond. Lambert indicated to the Council the City had never required a performance bond in the past for ice time at the Community Center; he recommended a 5% deposit on the total amount of the contract because that was the percentage required as a deposit for the Minnesota Hockey Schools for their first year of operation. Lambert also indicated both schools were requesting a 10-year least period while it is recommended the lease be for only one year. t Dick Emahiser, spokesman for the partnership, addressed their proposal and was available to answer questions. He said their partnership is willing to pay a 53.= deposit. A. Keith Hanzel , attorney for Minnesota Hockey Schools, gave a history of their organization. He reviewed the past few weeks events for the Council , noting that the people formino. the partnership were coaches for Minnesota Hockey Schools previously. He also' reviewed Lou Nanne's involvement with Minnesota Hockey Schools. Hanzel addressed the differences in the contract Minnesota Hockey Schools is willing to sign and that which the City' s Parks, Recreation & Natural Resources Commission has recor:nended. He stated Minnesota Hockey Schools is willing to match any offered. . Lam- bert asked if Hanzel could tell the Council who the coaches are who will conduct the school in Eden Prairie. Hanzel read a list of coaches who were affiliated with Minnesota Hockey Schools during 1983. Hanzel said he felt this process had been "unethically handled." Redpath said the Council had continued this item two weeks ago - to a date uncertain - to get further input from the Staff. He said he is willing to go along with the recominendations of Staff at this t mne. Tangen said he would like to hear more from City Staff and from the Attorney. r ,.. _ ., ,. ., .' .,, � r, sf t� ., ;`•�..,' � '��s'1�' �.:iwfda'A �94�'4�.Y'Y�4:% 'i"�r`G'w:,.F:,_ CY"� "i�+'.,4 y City Council Minutes -9- November 1, 1983 Assistant City Attorney Rosow said the issue of a potential injunction which was raised by Mr. Hanzel seems to have no basis relative to the actions of the City, but rather with others who had been previously in- volved. Tangen asked if the City was in jeopardy because the partnership has not yet been formed by the Emahiser group. Rosow said it was important to know the individuals involved, but the fact that the partnership had not yet been legally formed was not a consideration of importance to the City,. Lambert said he resented the implications Hanzel had made regarding his Staff. Lambert said he had always dealt with O' Connor and Emahiser (when they were affiliated with Minnesota Hockey Schools) and did not pay much attention to with whom they were affiliated. He said he had not met Mr. Hanzel or Mr. Grillo, President of Minnesota Hockey Schools, until a couple of weeks ago. Bentley said he was not of a mind to get into contract disagreements between the two parties. Anderson said he is familiar with the parties involved in the partner-ship; Emahiser is a member of the community. MOTION: Anderson moved, seconded by Bentley, to authorize Staff to enter into an agreement with the partnership or corporation that has submitted the proposal requesting 269.25 hours of ice time for the operation of a Summer Hockey School in 1984 with the provision that a 5% deposit on the total amount of the contract be a part of the agreement. Motion carried unanimously. X. NEW BUSINESS A. _ Letter from Bruce Bermel Redpath called attention to the letter of October 31, 1983, from Bruce Bermel requesting an extension of interim land use as office space for Bermel-Smaby Realty Building at 8100 Eden Road. * Bentley indicated he is not in favor of extending the length of time permitted for interim use agreements. The consensus of the Council # was to receive the letter, but take not further action. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Anderson, to adjourn the meeting at 10:09 p.m. Motion carried unanimously. * Original letter attached to Clerk ' s copy of Minutes.