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HomeMy WebLinkAboutCity Council - 04/17/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 17; 1984 7:30 PM, SCHOOL ADMINISTRATION BUILDING COUNCIL MEMBERS: Mayor Wolfgang Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley g PLEDGE OF ALLEGIANCE ROLL CALL: Councilmen Richard Anderson and George Tangen were absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS i MOTION: Redpath moved, seconded uy Bentley, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. d II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 1984 MOTION: Bentley moved , seconded by Redpath, to approve the Minutes of the City Council Meetinq held Tuesday, March 27, 1984, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Purgatory Creek Recreation Area Draft Master Plan (continued from March 27, 1984) - continued to May 15, 1984. B. Finial Plat approval for The Preserve Commercial Park 3rd Addition Resolution No. 84-89 C. Approve plans and specifications for signals at Flying Cloud Drive and Shady Oak Road, I. C. 52-057 Resolution No. 84-93 D. Clerk' s License List E. Approval of funds for YMCA/Storefront Youth Action Counselor delete item 2 as outlined--in—April 12, 1984, memorandum from Jan Flynn , Human Services Coordinator) MOTION: Bentley moved, seconded by Redpath, to approve the Consent Calendar as amended: item A. is to be continued to the May 15, 1984, meeting of the City Council and item D. is approved with the deletion of paragraph 2. referred to in the April 12, 1984, memorandum from Jar, Flynn, Human Services Coordinator. Motion carried unanimously. City Council Minutes -2- April 17, 1984 IV. PUBLIC HEARINGS A. T.H. 212 ALIGNMENT OPTIONS City Manager Jullie stated notice of this Public Hearing had been sent to property owners affected by both TH 212 alignment options . He said Staff had been working with traffic engineering consultants , BRW, Inc. , and Mn/DOT officials over the past several months in an attempt to more definitively determine the access expected should the TH 5/Residential alignment be chosen. Jullie said large and small scale drawings showing in some detail the schematic layout and access potential of each alternate, together with a listing of advantages and disadvantages for each alternate had been prepared. Jullie reviewed the background noting that improvement of TH 212 over various alignments has been under consideration since the early 1950's; discord as to its location slowed progess in the implementation of the necessary planning and improvement. As a result of meetings initiated by the Twin Cities Metropolitan Council and the Highway #212 Association back in 1967, agreement was reached as to a general alignment corridor by all of the communities in eastern Carver County and Eden Prairie and Hennepin County. In 1970, a study by the firm of Howard Needles Tammen & Bergendoff, funded by the Minnesota Highway Department . resulted in the selection of a corridor for the location of TH 212 (Unique System "D" ) which was supported by all affected units of government as well as many private organizations . In 1974, two draft Environmental Impala Statements were circulated for comment for TH 212 and also TH 41, Since circulation of the EIS' s , little progress was made in resolving the comments in those m two statements . Because of comments received on the EIS ' s and the new environmental regulations , Mn/DOT decided that the EIS' s should be rewritten and Mn/DOT should combine the two projects into one. In early 1979, Mn/DOT formed a Citizens Advisory Committee as part of its scoping process and also held many meetings with concerned citizen groups and agencies . A final recommendation of the Mn/DOT Scoping Report was limited to future analysis of alignments through Eden Prairie to the "TH 5 - Residential and "Unique System 'D"' alternatives. Jullie said that after completion of the Scoping Report, a new group called the Southwest Corridor Transpor- tation Coalition was formed to help focus attention on the urgent needs for upgrading TH 5 and the earliest possible construction of new TH 212. Also in 1982, the "Schreiber Bill " was passed which provided a measure of funding for acquisition of right-of-way within proposed highway corridors which are under development. The "Schreiber Bill " monies can only be used for vacant property under the threat of development and only if the highway route is designated on the City's official map. Mn/DOT has programmed improvements on TH 5 for letting in 1986, Jullie indicated, which will include: widening of TH 5 to four lanes from Prairie Center Drive to County Road 4, with intersection improvements at Mitchell Road and County Road 4. Also possibly to be included is a new bridge at the 'railroad crossing west of Wallace Road; the design is dependent upon the chosen location for new TH 212. An overlay of existing TH 5 west of County Road 4 west to TH 41 is also programmed for letting in 1986. City Council Minutes -3- April 17, 1984 Jullie stated that funding for these improvements is already programmed and is not tied to the proposed transfer of the excise tax on vehicles from the State's General Fund to the Highway Construction Fund. Also Mn/DOT officials have assured the City that these improvements will pro- ceed regardless of location or timing for new TH 212 with the possible exception of the railroad bridge which could be delayed if there has been no decision on the new TH 212 alignment. Regarding TH 212: "Stage I" is in Mn/DOT's work program for letting in June 1988, construction to include a full freeway design along TH 5 from I-494 to Wallace Road and including an interchange at Prairie Center Drive. A two-lane road would proceed westerly from Wallace Road to TH 41 in Carver County. The estimated cost is $18,000,000.00. Being in the "work program" allows staff the authority to work on these projects. The proposed excise tax transfer to the Highway Fund will provide the necessary funding for this project. Also scheduled for letting in 1988 is the addi- tion of two-lanes on TH 5 from County Road 4 to TH 41; this is dependent upon the excise tax transfer. Mn/DOT is now in the process of resuming the EIS preparation for new TH 212 and is hiring a consultant to help with this. It appears very likely that, given the present outlook for funding, the proposed letting date of 1988 will be pushed out into the future. For planning purposes, we should anticipate that actual construc- tion of new TH 212 is at least five to ten years away. Jullie introduced Bill Crawford, District Director, Mn/DOT District V; Gary Erickson, traffic engineering consultant, BRW; and Steve Alderson, Metropolitan Council . Gary Erickson reviewed each of the two alternatives : "Unique System 'D'" and "TH 5 - Residential" using maps; advantages and disadvantages of each alternative were presented. Jullie noted the City Council will not make the final determination. The final decision will be made by Mn/DOT and/or the Metropolitan Council. The Council ' s recommendation will be forwarded to these bodies. The purpose of tonight's hearing on this matter is for input by the residents and business people. Redpath asked what would happen to a resident of School Addition who wanted to sell his home in the next six months and the decision had been made to go with the "TH 5- Residential " alignment -- would this person be able to sell to the State under the right-of-way acquisition provisions? Jullie said there is no money available right now. He stated the State does not expend money until the EIS is completed. If there were a situation such as this, the City and Mn/DOT would be willing to discuss funding alternatives with the seller. Crawford indicated Mn/DOT has done protective buying throughout the State but usually that is not done until after the EIS is completed. City Council Minutes -4- April 17, 1984 Bentley asked City Attorney Pauly what the City' s liability is in this situation -- if there is no State money available for right-of- I way acquisition. Pauly said because it is not a City project the 3 City would have no liability. Redpath said if the "TH 5 - Residential " corridor were chosen , no one would particularly want to own property in that area. Jullie said there are some assumptions : that the EIS indicates this to be an acceptable route, that the excise tax transfer is adopted, and that funding is available -- this would mean that the process of acquiring I right-of-way might begin in two years. Construction , however, might be a number of years down the road but at least residents would know i what was to happen. Residents would receive their full market value. Penzel asked Crawford what the likely schedule might be for this, given a worst case scenario. Crawford said that. given pending legis- lation, it appears that 25% of the funds would be transferred effective July 1, 1984. TH 5 and 212 carry a high priority with both the Commissioner of Transportation and the Governor. Crawford indicated that Mn/DOT might be in a position to acquire right-of-way as early as 1986 -- after the EIS. He noted that he has requested to have a consultant hired to help with an EIS -- this takes about 20 weeks (to get a consultant "on board," ) He indicated that his recommendation is to proceed with the project development process and hope that, when the time comes, the plans are on the shelf and ready to go. Penzel said that while the presentations this evening might have seemed brief, the City has been intimately involved for a number of years with the process of selecting a route. He said the Council is well aware of the pros and cons as the consultant has advised and as well as the members see them personally. He stated the Council is very interested in hearing from the people who will be directly involved. Jon Otterlei , 4704 Merilane, Edina, asked how old the base map was. Erickson said it was 5 - 10 years old -- and that buildings shown in yellow are new buildings which had been added. Penzel said for all practical purposes all residential buildings are shown. Otterlei asked what the objection was to having a full access at Wallace Road. Erickson stated that the ability to have full access at both Wallace and Mitchell Roads is limited due to safety reasons . Penzel noted that Wallace Road businessmen were asked to connect to Technology Drive some time ago in anticipation of access problems relating to TH 212/5. Linus Westrup, 7918 School Road, asked when the Council expected to come up with its recommendation. Penzel said hopefully that will be done this evening. Brenda Hart, 7810 Eden Court, asked if they would be stuck between two highways should "Unique System T' " be chosen. Penzel noted the differences in the two alignments and what the impact would be on the Hart property regarding improvements to TH 5. City Council Minutes -5- April 17, 1984 b Tom McDonough, 14633 Martin Drive (owner of building at this address) , stated what an investor looks at prior to purchasing a building regarding access and routes. � Art Rohe; 7826 Eden Court, asked what would happen to TH 5 should the "TH 5 - Residential " alignment be adopted -- would the improvements which are to be made be wasted? Crawford said that TH 5 has to be upgraded and it is anticipated the alignment will be determined prior to the upgrading of TH 5 and therefore TH 5 would be designed with TH 212 in mind if the residential route is the choice of the City. James Johnson, 9305 Talus Circle, said he was interested in Otterlei 's property on Wallace Road which might be used as a multiple dwelling site (on School Lake) . He asked where access would -be to this parcel . Erickson said it appears for the most Fart that the parcel would be taken. A portion of School Lake would have to be filled in so the roadway could be built across it, Walter Carpenter, 13000 Plaza Drive, asked if Mn/DOT owns the right-of- way where TH 5 "bows" west of Plaza Drive and wondered if the "bow" effect will continue. Erickson said the "bow" will remain because of the impact removal would have on Purgatory Creek. Crawford concurred; he said the State does still own the property in question. ' Bob Sharpe, 7904 Eden Court, asked the difference in the impact on the tax base of the two alignments -- residential vs. industrial -- and how that might affect the Council 's thinking. Penzel said that uz:ed to be a consideration but since the passage of the "Fiscal Disparities" legis- lation it has less of an impact on the decision making process -- there are now more important considerations to be made by the Council than the effect on the tax base. Bentley and Redpath concurred. Jullie said the area south of MTS where Technology Drive has been constructed has a great potential for corporate headquarter' s sites which would add greatly to the tax base. He said this would substantially add to the tax base compared to the loss of the residential taxes in School Addition. Dennis Dirlam, 14785 Martin Drive, asked what the impact of the Highway 5 improvements would be on the warehouse buildings north of TH 5 and west of Mitchell Road, Erickson said the impact would be negligible to the north of TH 5 because of the space available on the south side of the highway. Judy Miller, 7835 Eden Court, asked what effect would a recommendation to approve the "TH 5 - Residential " alignment have on getting a loan on a house in School Addition. Penzel said he thought that would be difficult to answer. Crawford said he has never heard of a case where mortgage money was turned down. Penzel reviewed the procedure which is used in acquiring property relative to the estimates made. Jullie said assurances to a lender that Mn/DOT has paid a fair market price in the past for properties acquired should not preclude granting of a loan on the property. City Council Minutes -6- April 17 , 1984 Ronald Ott, 7830 Eden Court, said he felt the widening of TH 5 would have a severe impact on the School Addition residents and would not have any problem with the City reconfinending the "TH 5 - Residential" alignment which would "take" the School Addition homes. - r Don Goetzman, SGL Properties, asked if the costs of extending Technology Drive to Wallace Road would paid by Mn/DOT. Penzel said that is a local improvement and would be assessed against the benefitted property owners. Y David Priebe, CPT, expressed concern about the number of parking spaces which CPT would have to replace with a ramp as well as concern about the loss of ponds on its property should "Unique System 'D"' be chosen. He also wondered if we might be overbuilding highways. Penzel said that was a departure from CPT' s original concern which was that TH 212 and 5 should have been constructed a number of years ago. (A letter from CPT regarding Trunk Highway #212 is attached to these minutes. ) Erick- son noted that the Highway Department has entered into a contract to have the traffic forecast for this -corridor updated -- this is done on a regular basis. This means that prior to the building of TH 212 current information will be available and wi ' l be used as the basis for plans for that roadway. Bentley asked Priebe if CPT was opposed to the construction of the road- way along the "Unique System 'D " corridor. He said that was correct. George Butzow, MTS, 14000 Technology Drive, and a member of the committee which studied the alignments, said he would look to the feelings of the residents of the community. He said be would prefer the 'NTH 5 - Residen- tial" alternative for purely selfish reasons. He noted that the quality of 1 i fe as well as the value of the industrial area is improving all the time and from what he has heard this evening that can not be said for the residential area. Jan Hyde, 7814 Eden Court, said she and her husband are retired. She indicated they are very happy with their home and wondered if they would still be able to live in Eden Prairie where they have access to doctors and shopping should they be forced to move out of their home. Penzel said there would be a fair and equitable settlement made to each of the property owners in the area. tie also indicated that the residents will then be able to determine where they would like to live. George Roles, 7953 Eden Court, said he had heard 15 years ago that the Highway Department had purchased land behind MTS for TH 212. Crawford said he was unaware of such a purchase. Roles asked what the racetrack will do to traffic on TH 212 and/or 5; will we be building another high- way like this in 15 years. Penzel said there is every indication that this will be a reasonable project and will serve us for some time. He said the racetrack will have more of an impact on TH 169 and CSAH 18. City Council Minutes -7- April 17, 1984 Mrs. Hart asked if sound barriers would be constructed along Highway 5. Crawford said sound abatement is required by Federal law wherever there is new construction in residential areas. Penzel asked if this would pertain to upgrading of TH 5 since this could be considered as reconstruc- tion and not new construction. Crawford said it was his opinion that it would be new construction and sound abatement would be provided. He said Mn/DOT has relocation counselors who are most helpful and if anyone has questions they would like to ask they should feel free to contact them and request additional materials. Crawford stated what some of the benefits allocated presently are. Mrs. William Parkos, 7800 School Road, asked why the residential homes would have to go and not the industrial buildings . She also asked why factories were allowed across from homes . Fenzel said those decisions were made before any of the present Councilmen were on the Council and before the City had a comprehensive plan. Bob Hanson, 4772 Sycamore Trail , expressed concern for his parents who live in the School Addition. He asked what the possibility was of moving all of the homes to another 40 acre tract in the City. Penzel said that was probably not feasible since there are comparably prices homes avail- able on the open market in Eden Prairie. Hanson wondered what the termin- ation date would be when, p2aplle would have to be out of their homes. Penzel said if acquisition were made and nothing was to be done for three years, provisions might be negotiated for the residents to remain in their homes. He said Mn/DOT has to make that decision. Glen Britney, 7823 Eden Court, asked what the recommendation of the committee which was formed three or four years ago was . Jul 1 ie said the committee proposed that the EIS should focus on two alternatives: "Unique System 'D'" and "Highway 5". fie noted there was not a ground swell of opposition from the residents. Li nus Westrup said he would not like to be wedged between two freeways. He said property values will go down. He asked if residents might be asked which of the proposals was preferable. A show of hands indicated a large majority of the residents to be in favor of the "TH 5 - Residen- tial" alignment. Steven Shea, 7941 Eden Court, said his property value. based on the recent valuation notice he had received, has dropped from 1983 to 1984. Norman Nelson, 8009 School Road, asked what effect and impact "TH 5 Residential " corridor would have on the Central Middle School . Penzel said this would actually create a better use of property for the school -- the school garage would be moved and so would the ball fields, but the school itself would not be affected. Nelson called attention to the condition of Valley View Road and noted this would probably need some work so it could be used while TH 5 is upgraded. Mr. Clifford, 7823 Eden Court, asked if provisions are made for adjust- ments in the mortgage rate when residents have to move. Crawford said he will be happy to send out information as to what present policy is; he indicated that the law takes mortgage rate adjustments into consider- ation. City Council Minutes -8- April 17 . 1984 Tom Miller, 7835 Eden Court, asked how one would get onto Highway 5 at Wallace Road. Erickson used a map to explain this . Upon further discussion it was the consensus of the City •Council that the preliminary design worked out by BRW for the "TH 5 - Residential " alignment gives the City very good access at Mitchell Road and partial access at Wallace Road. This was based on the assumption that Mn/DOT will accept the City' s design proposal and that there will be no delay on scheduled improvements to TH 5. By indicating its preference for an alignment, it is felt that the EIS process will proceed more quickly and the question of the railroad bridge design will be resolved so that a new bridge could be properly built in conjunction with the TH 5 up- grading which is scheduled for 1986. MOTION: Redpath moved , seconded by Bentley, to close the Public Hearing. Motion carried unanimously. MOTION: Redpath moved , seconded by Bentley, to recommend the "TH 5 - Residential " corridor to Mn/DOT for its consideration .as the most feasible alternative, based upon the preliminary design by BRW, Inc. dated April 17, 1984, and further direct Staff to begin the process of official mapping of the chosen route so that the "'Schrea.ber Bill" funds could be made available. Motion carried unanimously. B. FEASIBILITY REPORT, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY, I .C. 52-059A Resolution No. 84-90 City Manager Jullie stated notice of this Public Hearing had been published and notices had been sent to all property owners ] is ted on the Preliminary Assessments Roll for this project. Director of Public Works Dietz referred to the Feasibility Report dated March 1984.• He reviewed the feasibility study and outlined, on maps , the proposed routing for trunk sewer and water though this area. (For a detailed report see the Unapproved Expanded Minutes of this portion of the Meeting of April 17, 1984 which are attached. ) Dean Holasek, 6475 Rowland Road, asked why the developer can't pay for more of the project cost. Dietz said the special assessment policy is rather specific in State Statutes. If the City receives a request for improvements and the project is found to be feasible, the costs may be assessed. Holasek said the landowners in the area area already affected by the increased traffic on Rowland Road due to the County Park. Dietz said the Park Reserve is looking at putting an overlay on the road in 1986. Hakon Torjesen, 6605 Rowland Road, said he felt the road system proposed by the developer had not taken into account the surrounding properties. He specifically referred to the roadway due west of the proposed access into the Carmel Addition. Planning Director Enger said Staff had been directed by the Council to loot- to the surrounding properties and what the impact of the proposed streets would be on those properties. He said City Council Minutes -9- April 17? 1984 Staff had met with a majority of the neighbors -- it was determined they would be best served by hiring a planner who would come up with an overall plan for the area which would protect their best interests. Don Brauer was hired by some of the neighbors. A general plan was reviewed by the Council ' following meetings with the neighbors and their planner. Bentley recalled that Enger and the Planning Department Staff did a study at his request. This was then presented to the Council. Roads were placed where they were due to the soil conditions and terrain, Bentley indicated he had never made a ,decision on platting or zoning based on whom is going to pay for the assessments and would not do so in this instance if he were going to vote on the matter. He said each project was voted on based on the merits of that particular project and the necessity for the improve- ment. Redpath said that as far as who pays for a trunk sewer is concerned, the City has some classic cases where people have been assessed beyond their limits (e.g. Bren property on Valley View Road. ) Mrs. Wayne Kinion, 6401 Shady Oak Road, said she had never been contacted prior to notification of this Public Hearing. She said she did not think it fair to have such a "heavy Agenda" because some people (her husband, Dr. Farber, Dr. Olness/Mrs. Torjesen) had to leave due to the lateness of the hour (10:20 p.m. ) Mrs. Kinion said she felt the Carmel Addition is a detriment to their property; they had moved into the area for the wildlife and the serenity. She said the sewer and water will not serve their property -- and will be a detriment as they have no plans to develop their property. She said they do not want these improvements and do not wish to pay for them. Marlene Larson, 6505 Rowland Road, said she has had her home for sale and bas been unable to sell it. She said it is her road which had been men- tioned by Torjesen as that which is due west of the Carmel Road. There was discussion as to whether or not her road is a City street and what the City' s policy is in that regard. Larson went on to ask who owned the Carmel property at the time the improvements were requested -- were those who signed the petition the actual owners of record. Penzel indi- cated that Hans Hagen may now be the owner but since the petition had been signed in February the owners had more than likely been others who had signed the petition. City Attorney Pauly reviewed the ways in which improvements can be initiated. Penzel suggested this matter be deferred to determine the legitimacy of the petition, He noted the question before the Council this evening was whether or not the project is feasible; not how the project is going to be assessed. MOTION: Redpath moved, seconded by Bentley, to continue this Public Hearing to the May 1, 1984, meeting of the City Council which is scheduled for 7:30 p.m, in the Boardroom of the School Administration Building. Motion carried unanimously. h City Council Minutes -10- April 17, 1984 C. FEASIBILITY REPORT, UTILITY AND STREET IMPROVEMENTS FOR BRYANT LAKE FICE TECH CENTER, I .C. 52-053 Resolution No. 84-.91 City Manager Jullie indicated that Gerald Schoenfelder had contacted the City and said he objects to the proposed improvements but expected to sell his property very soon. Schoenfelder and Dennis Doyle, Welsh Construction, agreed that a continuance of this Public Hearing to May 15th would allow time to work out a potential solution. MOTION: Redpath moved, seconded by Bentley, to continue this Public Hearing to Tuesday, May 15, 1984, at 8:00 p.m. in the School Administra- tion Building. Motion carried unanimously. D. TAX INCREMENT FINANCING DISTRICT NO. 7 (Resolution No. 84-94) City Manager Jullie said notice of this Public Hearing had been published. He said it is anticipated this will be the last T. I .F. District necessary for support of the Major Center Area highway improvement projects . City Attorney Pauly noted the evidence introduced and described in the minutes of September 15, 1981, is made a part of the record in these proceedings. Also made apart of the record in these proceed- ings are: a) the notice of the April 17, 1984 public hearing; b) minutes of meetings of the City Council held on September 22, 1981 , March 30, 1982 , November 16, 1982, March 15, 1983, May 17, 1983 and August 16, 1983; c) letter from Eden Prairie Chamber of Commerce dated September 18, 1981; d) minutes of meetings of the City's Planning Commission on March 29, 1982 and May 9, 1983; e) memorandum dated April 17, 1984 by Eugene A. Dietz, Director of Public Works, addressed to the Mayor and City Council ; f) letter dated April 9, 1984 addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School District No. 272; g) letter dated April 9, 1984 addressed to Mr. Kenneth Daniels , Chairman of the Boards Joint Independent School District No. 287; h) a letter dated April 4, 1984 addressed to Mr. John Derus , Chairman of the Hennepin County Board of Commissioners; and i ) a memorandum dated April 17, 1984 by Carl J. Jullie, City Manager. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-94, providing for establishment of proposed Tax Increment District No. 7 and the adoption of a Tax Increment Financing Plan relating thereto. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 13045 - 13308 MOTION: Redpath moved, seconded by Penzel , to approve the Payment of Claims Nos. 13045 - 13308. Roll call vote: Bentley, Redpath and Penzel voted "aye." Motion carried unanimously. - - _ City Council Minutes -11- April 17, 1984 VI. REPORTS OF ADVISORY COMMISSIONS City Manager Jullie reported that the Development Commission, Mad received the City Counci i 's charge and will now attempt to work on establishing priorities. A meeting has been set with the Economic Development Committee of the Chamber of Commerce; legislators have also been invited to attend this meeting. i VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Parade Permit Request from Eden Prairie Lion's Club City Manager Jullie noted the Public Safety Department had reviewed this request and recommended approval as per Lt. Clark's memo of April 11, 1984. MOTION: Redpath moved, seconded by Bentley, to approve the Lion's Club request for a Parade Permit for Saturday, June 2, 1984. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. Final approval of Municipal Industrial Development Bonds in the amount o 1,750,O00.00 for BBS Partners Project Resolution No. 84-76T- City Manager Jullie noted Finance Director Frane's memo of April 12, 1984, and City Attorney Rosow's memo of April 10, 1984. Steven Hoyt, Hoyt Development, indicated their bond counsel had said this would not have an affect on the city's per capita allotment which is included in pending Federal legislation. MOTION: Redpath moved , seconded by Penzel , to adopt Resolution No. 84-76, granting final approval of Municipal Industrial Development Bonds in the amount of $1,750,000.00 for BBS Partners Project with the proviso as outlined in City Attorney Rosow's memorandum of April 10, 1984. Motion carried unanimously. B. Minnegasco Franchise Ordinance No. 35-84 City Manager Jullie stated the proposed Franchise Ordinance had been reviewed by the City Attorney's Office; it seems that all of the other 34 cities within the Suburban Rate Authority have agreed to the Ordinance as drafted, including the 5% limit on franchise fees . Jim Anderson, Minnegasco representative, was present to answer questions. MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 35-84. Motion carried unanimously. City Council Minutes -12- Apri 1 17, 1984 _ IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members r 1. Evaluation Review Form The consensus was to continue consideration of this item to the May 1, 1984, meeting of the City Council at which time Council members should have written comments ready regarding the forms which have been distributed to date. B. Report of City Manager 1. City Manager Jullie introduced Craig Dawson, Assistant to the City Manager. 2. City Manager Jullie said there will be an article in on Eden Prairie in an upcoming issue of "Plants , Sites & Parks" (an international publication. ) This particular issue will feature the State of Minnesota. Jullie said this magazine has a circulation of 38,000 and said a 1/6th page ad would cost $685. Bentley said he thought it would be a good idea for the City to _ place an ad in this publication and he suggested the City put together a promotional plan. MOTION: Bentley moved, seconded by Redpath, to purchase a 1/6th page ad in "Plants . Sites b Parks." Roll call vote: Bentley, Redpath and Penzel voted "aye. " Motion carried unanimously. 3. City Manager Jullie indicated the Planning Department is very busy and has contracted to have Howard Dahlgren and Associates do a couple of Staff Reports. 4. It was noted that the May 15, 1984, meeting of the City Council falls on the day of a School Board election and consequently the Council Meeting cannot, by law, begin until 8:00 p.m. 5. MOTION: Bentley moved, seconded by Redpath, to move the regularly scheduled meeting of the, City Council from July 3 to July 10, 1984, at 7:30 p.m. due to the Fourth of July holiday. Motion carried unanimously. C. Report of the City Ay ttorney There was no report. City Council Minutes -13- April 17, 1984 j° D. Report of Director of Public Works 1. Regional Mutual Aid (Resolution No. 84-92) Director of Public Works Dietz referred to his memorandum of April 11 , 1984, in which he addressed the Regional Mutual Aid Association. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution j No. 84-92, authorizing joint and cooperative agreement for use of personnel and equipment Regional Mutual Aid Association. Motion carried unanimously. X. NEW BUSINESS MOTION: Redpath moved, seconded by Bentley, to instruct Staff to write a letter to Governor Perpich in support of the appointment of Alice Rainville as Chairman of the Metropolitan Council . Motion carried unanimously. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:30 p.n. Motion carried unanimously. UNAPPROVED EXPANDED MINUTES CITY COUNCIL MEETING APRIL 17, 1984 PUBLIC HEARING ON FEASIBILITY REPORT, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY , I .C. 52-059A (Resolution No. 84-90) City Manager Jullie stated official notice of this Public Hearing was published in the March 14 and March 28, 1984 , editions of the Eden Prairie News and notices were mailed to all property owners listed on the Preliminary Assessment Roll for this project. The feasibility report for this project was received by the Council at its March 27th meeting. Director of Public Works Dietz referred to the Feasibility Report dated March 1984. He indicated the area does not presently have lateral sewer or water service and that utility construction will be necessary prior to development. Dietz noted the proposed Carmel development has created the need for improvements to be required. A Developer's Agreement and final zonin4 approval for the Carmel subdivision were signed/granted at the March 6, 1984, meeting of the City Council . Dietz stated the City Council had authorized preparation of the feasibility report for Improvement Contract 52-059A under Resolution No. 84-42 which was adopted by the Council on March 6 , 1984. This was done after receiving a petition requesting utility service for the area. Dietz noted that in conjunction with the feasibility study and as a part of the review process for the Carmel development, Staff had prepared drawings showing the ultimate sanitary sewer and water main requirements for the area at full development_ He reviewed these via an overhead projector (see Exhibits 5 and 6 in the Feasibility Report. ) Dietz indicated that some of the segments of both sewer and water are subject to revaluation as additional development proposals are submitted, but the basic "backbone" of the system will require utilities similar to those shown. He said that during the development of these concepts, a review was made as to the possibility of serving the entire area with sanitary sewer from the existing 60" Metropolitan Interceptor west of Rowland Road. Sewer depths of up to 45' made this approach very costly. It was also found that sanitary sewer service to serve the majority of the area from the intersection of Shady Oak Road (County Road 61) and Rowland Road would cost approximately 20% more than the proposal shown in Exhibit 5. Using a map of the area (see Exhibit 7) Dietz indicated the sanitary sewer would connect to an existing manhole on the west side of Shady Oak Road near its inter- section with City West Parkway. He noted that the lower reaches of the proposed sewer would be 10" in diameter, while the balance would be 8". Dietz showed both the proposed sewer within the Carmel Addition and the downstream connection. Also exhibited in Exhibit 7 is the service area which will be tributary to the proposed sanitary sewer system. Dietz noted all of the sanitary sewer within the perimeter of the Carmel development will be financed by the developer as a result of a 100% petition received March 6, 1984. He stated the total assessments for the sanitary sewer outside the Carmel development is estimated to be $61,213.84. Dietz said it is proposed that this segment of the sanitary sewer system be treated as a "sub-trunk" and that the cost be apportioned on a pro rata acreage basis to the entire service area. Page 2. Minutes of April 17, 1984 Dietz said the segment of sanitary sewer between Old Shady Oak Road and new Shady Oak Road goes through property owned by Mr. and Mrs. Uherka; they had requested a project to install sanitary sewer and watermain for their property in 1983. He noted the Uherkas currently have full lateral service and would, therefore, derive no direct benefit from this project. The balance of the study area will obtain lateral sewer service from future projects (see Exhibit 5.) Dietz stated that it is not the intent of this proposed project to provide full lateral benefit to any properties within the service area. He said that this sub-trunk line will make available sanitary sewer to the properties in the service area with a very short lateral extension; the resulting cost being $513/acre for each of the parcels (see the preliminary assessment roll as shown in Table 2. ) Dietz noted that it was assumed during the study process that, with minor exceptions, the entire acreage of a parcel would benefit from the proposed improvement. He stated that although there are some low lying areas within some of the properties, as well as steep slopes, density transfers would allow utilitzation of the property consistent with the proposed assessments . He noted that two of the parcels have low, marshy areas and have been so noted (see Exhibit 2) and the assessments have been appropriately reduced. Dietz said the basis for locating the proposed water main improvement was identical to that of the sanitary sewer; the only difference being that the need for the service area is limited to a 6" diameter water main, however, the water main trunk system dictates that an 8" pipe diameter is required. He said the oversizing cost will be paid for out of the City Trunk Fund and the equivalent 6" diameter cost is proposed to be assessed against the service area ; this method of determining acreage and benefit is identical to that utilized in the sanitary sewer assessment. Dietz noted that the resulting water main will provide for a rather lengthy "dead end" system which should be looped as soon as practical . He then reviewed the potential rerouting of the proposal through the Pavelka property and outlined the feasibility of an extension to the Ruzic property. F The total estimated assessments for the water system, Dietz noted, is $55,127.21 (see Table 1. ) Dietz said that based on the size of the service area , the proposed assessment would be $438 per acre. To further explain how the assessments would be made, Dietz said that the standard $2530 per acre trunk assessment would be levied for non homestead property. A $520 assess- ment for an equivalent z acre homesteaded lot is proposed as appropriate and is in keeping with City policy. The current acreage rate would be levied when the property is zone or platted -- and a $520/acre credit would then be indicated. Dietz referred to the Preliminary Assessment Roll as shown in Table 2. He noted that, should the Ruzic 's property be tied into the proposal , the amounts would be reduced by approximately $45 per acre. Dietz stated it is recommended that the proposed assessment period be 17 years. He said a number of the parcels have "green acre" status and as a result the proposed assessment should not constitute a significant burden to the existing land owners. He noted that this area is definitely in tran- sition towards development and the proposed improvements should allow that transition to occur in a timely fashion. Dietz indicated that marginal soil conditions exist in the vicinity of the proposed sewer and water alignments and that prior to final design soil borings will be taken to determine the exact routing. He said changes in alignment will occur only as 1 necessary to eliminate the need for costly soil correction and/or piling. Y' Page 3. Minutes of April 17, 1984 Dietz noted that the proposed utility construction is both technically and finan- cially feasible and that the valuations of the properties to be assessed will in- crease by an amount equal to or greater than the proposed assessment. He stated that the cost estimates do not contain any allowances for easements, which, if necessary, will be added to the final assessment costs . The Project Schedule (see page 11 of the Feasibility Report) was reviewed by Dietz. Dietz called attention to the "Statement of Position by Landowners Leonard F. Uherka and Bessie V. Uherka" which was included in the Council packet (see pages 736 A and B. ) In closing, Dietz noted that past City policy has been, and would be recommended as a part of this proposal , for a deferment of trunk sewer and water assessments on homesteaded properties. Dietz indicated that this project does not provide any particular lateral benefit, therefore, Council may wish to consider a defer- ment for the total assessment to homesteaded properties . He said that this, of course, would be finally considered by the Council at the assessment hearing next Spring. Dean Holasek, 6475 Rowland Road, asked why the developer can't pay for more of the project cost since he is the one who will benefit the most with the landowners paying him when they tie in. He said the landowners in the area are already affected by increased traffic on Rowland Road because of the County Park. Dietz said the special assessment policy is rather specific in State Statutes. If the City receives a request for improvements and the project is found to be feasible, ' the the costs may be assessed. The test for special assessments is that the increased value of the property is greater or equal to the amount of the assessment. Dietz indicated the County Park Reserve is looking at putting an overlay on Rowland Road in 1986. 4 Hakon Torjesen, 6605 Rowland Road, said he felt the road system had been proposed by the developer and had not taken into account the surrounding properties. He specifically referred to the roadway due west of the proposed road access into the Carmel development. Enger said Staff had been directed by the Council to look to the surrounding properties and what the impact of the proposed streets would be on those properties. He said Staff had met with a majority of the neighbors at which time the majority felt they would best protect themselves by hiring a planner to draw an overall plan for the area thereby protecting their interests. Don Brauer was hired by some of the landowners. A general plan was reviewed by the Council following meetings with the neighbors and their planner. Bentley recalled that Enge r and the Planning Department Staff did a study at his request. This was presented at a meeting of the City Council . It was pointed out at that time that the roads were placed where they were proposed because of the soil conditions and the terrain . Bentley said he, during his time on the City Council , has never made a decision on platting or zoning based on whom is going to pay for the assessments. He said each project that he voted on was done on the merits of that particular project and the necessity for such an improvement. Redpath said that as far as who pays for a trunk sewer is concerned, the City has some classic cases where people have been assessed beyond their limits for large properties (i .e. Bren on Valley View Road. ) Page 4. Minutes of April 17, 1984 f Mrs. Wayne Kinion, 6401 Shady Oak Road, said she had never been contacted prior to notification of this Public Hearing. She said she did not think it fair to have such a "heavy Agenda" because some people (Dr, Farber, Or. O1 ness - Mrs. Torjesen, Mr. Kinion) had to leave due to the lateness of the hour (this Public Hearing began at approximately 10:20 p.m. ) Mrs . Kinion said she felt the Carmel Addition is a detriment to their property. She said they had moved there for the wildlife and the serenity. She also noted some comments her husband would have made had he been able to. The sewer and water will not serve their property but will be a detriment, They have no plans to develop their property as not much, other than their homes i te, is developable. She said they will be paying for something which will reduce their quality of life. She said they do not want these improvements and they won't benefit from them. She indicated she felt the City Council should spare them from paying for the improvements. Marlene Larson, 6505 Rowland Road, said she has had her home for sale and has been unable to sell it. She said it is her road which had been mentioned by Torjesen as that which is due west of the Carmel Road. She said a realtor had called City Hall and had been told that is not a City street; t►ie City, however, does plow it in the Winter. There was some discussion as to whether or not it is a City street and what the City`s policy has been in that regard; the Mayor brought the Hearing back on track -- no conclusion had been drawn. Larson went on to ask who owned the Carmel property at the time the improvements were requested -- were those who signed the petition the actual owners of record. Penzel indicated that Hans Hagen may now be the owner but since the petition had been signed in February the owners had more than likely been others who had signed the petition. City Attorney Pauly reviewed the ways in which improvements can be initiated. Penzel suggested this matter be deferred to determine the legitimacy of the petition for this project. He said the real question tonight is whether or not the project is feasible; the question is not how the project is going to be assessed. MOTION: Redpath moved, seconded by Bentley, to continue this Public Hearing to the May 1, 1984, meeting of the City Council which is scheduled for 7:30 p.m. in the Boardroom of the School Administration Building. Motion carried unanimously. Councilmen present at this meeting: Penzel, Bentley and Redpath; absent: Anderson and Tangen. km 4-19-84