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HomeMy WebLinkAboutCity Council - 07/21/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , JULY 21 , 198? 7: 30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive x COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock F CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly , Finance Director John D . Frane , Director of Planning Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X . A . 1 . Pidcock - Questions regarding SWING memorandum; X . A . 2 . Pidcock - Report on League of Minnesota Cities Seminar in Rochester. MOTION: Anderson moved , seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published . Motion carried unanimously. II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, JULY ?, i2�z MOTION: Bentley moved , seconded by Anderson, to continue approval of the Minutes of the July 7, 1987 meeting to the next regular meeting of the Council . Motion carried unani- mously . III . CONSENT CALENDAR A . Final Plat Approval for Timber Creek Woods rd Addition NE quadrant of South Manor Road and-Mistral Lane Reso- lution No . 7- 02 B . WESTWOOD INDUSTRIAL PARK 4TH ADDITION by Dallas Development Company. Request for Prel urinary a Final Plat of 14.36 acres into 2 lots . Location: South of County Road #67, east of Bury Drive . (Resolution No . 87-165 - Preliminary Plat; Resolution No . 87-20.3 Final Plat ) City Council Minutes -2- July 21 , 1987 C . Final Plat Approval for Bluestem Hills 3 rd Addition (south of Bluestem Lane ) Resolution No . 7-20 D. Final Plat Approval for Blossom Ridge (south of Blossom Road and east of Bennett Place) Resolution No . 7-195 E . Resolution requesting Metropolitan Waste Control Commission MWCC sewer connection permit for Nemec Knolls TI .C . 2- 121 Resolution No . 7-201 s 3 F. Resolution requesting MWCC sewer connection permit for 4 Welter Purgatory Acres 2nd Addition Resolution No . 7-206 ) G. THE RIDGE 3RD ADDITION by Dirlam Development . 2nd Reading of Ordinance No . 25-87, Rezoning from Rural and R1-22 to R1 -13 .5 on 6 .36 acres ; Approval of Developer' s Agreement for The Ridge 3rd Addition; and Adoption of Resolution No . 87-179, Authorizing Summary of Ordinance No . 25-87 and Ordering Publication of Said Summary . 24 .1 acres into 13 single family lots, 1 outlot , and road right-of-way . Location: North of Highway #5 , south of Eileen Street, west of Kilmer Avenue . (Ordinance No . 25-87 - Rezoning; Resolution No . 87-179 - Authorizing Summary and Publication ) H. BLOSSOM RIDGE ADDITION by G. W. Pearson and Harold Johnson. 2nd Reading of Ordinance No . 15-87, Rezoning from R1-22 to RI -13 .5 for 3 .07 acres; Approval of Developer' s Agreement for Blossom Ridge Addition; and Adoption of Resolution No . 87-182 , Authorizing Summary of Ordinance No . 15-87 and Ordering Publication of Said Summary . 3 .07 acres into 5 single family lots and road right-of-way. Location: South of Blossom Road , east of Bennett Place (Ordinance No . 15-87 - Rezoning; Resolution No . 87-182 - Authorizing Summary and Publication) I . AMOCO SERVICE STATION, Amoco Oil Company. 2nd Reading of Ordinance No . 31-87, Rezoning from Rural to Commercial- Highway on 0 .94 acres= Approval of Developer ' s Agreement for Amoco Service Station; and Adoption of Resolution No . 87-213 , Authorizing Summary of Ordinance No . 15-87 and Ordering Publication of Said Summary. 0.94 acres into one lot for a service -station. Location: Southeast corner of Shady Oak Road and Crosstown Highway #62 (Ordinance No . 31 -87 - Rezoning; Resolution No . 87-213 - Authorizing x Summary and Publication) J . USE OF YEAR XII C .D.B .G. FUNDS -- Scattered Site Housing Assistance Program K . Resolution_accepting 1009E petition for utility iftrovements and order_in� preparation of 21ans and specifications or sanitary sewer and waterma n at Shad Oak Road and West 62nd Street Resolution No . 7- 0 City Council Minutes -3- July 21 , 1987 L . BLUESTEM HILLS 3rd ADDITION by Brownland Company. Approval of Amendment to Developer ' s Agreement for Bluestem Hills 3rd Addition. 1 .63 acres into three single family .lots . Location: South of Bluestem Lane , north of Purgatory Creek . MOTION: Bentley moved , seconded by Harris, to approve Items A - L on the Consent Calendar. Motion carried unani- mously. 5 Somewhat later in the meeting Mr . Dietz arrived and said that a request had been received from the Amoco Oil Co . to remove Item K, Resolution No . E7-205 accepting petition for utility improvements at Shady Oak and West 62nd Street , from the Consent Calendar . MOTION: Bentley moved, seconded by Anderson, to rescind approval of Item K on the Consent Calendar. Motion carried unanimously . IV . PUBLIC HEARINGS h A . Easement Vacation 8 -06, Lots 11 thru 14 Block 1 Blue- stem Hills 2nd Addition Resolution No . ?-207 Assistant to the City Manager Craig Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . He noted that this is essentially a housekeeping item. There were no comments from the audience . MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No . 87-207, vacation of drainage and utility easements on Lots 11 through 14, Block 1 , Bluestem Hills 2nd Addition. Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 35933 - 36292 MOTION: Bentley moved , seconded by Anderson, to approve the Payment of Claims Nos . 35933 - 36292 . Roll call vote: Ander- son, Bentley, Harris , Pidcock and Peterson voted "aye . " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS There were none . VII. PETITIONS, REQUESTS & COMMUNICATIONS There were none . City Council Minutes -4- July 21 , 1987 VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS There were none . X . REPORTS OF OFFICERS . BOARDS & COMMISSIONS A . Reports of Council Members 1 . Pidcock - Questions on SWING Memorandum Referring to the memorandum regarding the SWING Committee for the cable system, Pidcock noted that Paul P.edpath is the committee chairperson. She said she thought this was an important and significant committee and asked if Mr. Redpath would be replaced as chair by a current councilmember. Bentley suggested that Mr. Dawson check with Southwest Cable Commission to get more details on what this committee does . Peterson asked if the Council is authorized to make appointments to the committee . Bentley said he thought it was a study committee put together by the Commission itself . Anderson suggested that Mr. Dawson develop a report on this subject to be included in the Council packet for discussion at the next meeting. Pidcock agreed with his suggestion. 2 . Pidcock - Report on Leese of Minnesota Cities Seminar in Rochester Pidcock reported that Dr. Harris and she attended the seminar in Rochester June 9 - 12 . She reviewed the various workshops and seminars presented there and noted that the seminar was well planned, very worth- while and presented some excellent ideas for honing skills . She said we might want to consider a suggestion presented at the seminar that chief financial officers of our major corporations review the City budget and provide input on possible savings or better ways of doing things . Pidcock said she had an opportunity to discuss the urgent need for highways in Eden Prairie with represen- tatives of Senators Durenberger and Boschwitz. City Council Minutes -5- July 21 , 1987 Y Pidcock said some of the exhibitors had questions on how to get the opportunity to bid on projects in Eden Prairie . Noting that the exhibitors believed they are left out of the bidding process here , she said she thought we were to get input back on the process being used for bidding. She thought we should review the process and take a new approach if necessary . Harris said she would like to know where we are as to expenditures in relation to budget revenues . She thought a quarterly report summarizing the City' s costs against revenues would be helpful. Bentley said in the past the Council has received a mid-year update on the budget and asked if that is being prepared now. Dawson said Staff is preparing the budget and in the process will take a look at expenses to date . He said there would be a report in August or September showing adjusted amounts for the rest of the year. Bentley said he, too , would like to see those figures presented on a more regular basis . Peterson said he thought it should be relatively simple to get a run- down of broad categories of expenditures from the database in the computers . Anderson asked how difficult it would be to get quarterly reports on the budget . Director of Public Works Dietz said the departments get monthly summaries of their operating expenses . Director of Community Services Lambert said those reports are not a summarized budget sheet, but rather are listed by operating fund . Dawson said they would take a look at this at a Staff meeting. Peterson asked if they learned anything new about televising Council meetings. Pidcock replied that it is generally very positive but there can be some nega- tives involved . Harris said there is obviously a viewing public but no one seems to have a fix on the quantity of viewers . A discussion followed regarding televising Council meetings . i Bentley asked if we budgeted funds to install a camera system. Dawson said no funds were budgeted this years however, he anticipates money will be allocated in next year ' s budget . City Council Minutes -6- July 21 , 1987 B . Report of City Manager J Assistant to the City Manager Dawson called attention to the memorandum concerning the Citizens League property tax survey. a C . Report of City Attorney There was no report . D . Report of Director of Planning There was no report . E. Report of Director of Community Services 1 . Review of Feasibility Studer for Purgatory Creek a Recreation Area Referring to his memorandum of June 30, 1987 regarding the Feasibility Report on the Purgatory Creek Recrea- tion Area, Director of Community Services Lambert re- viewed the background leading to the preparation of the feasibility report . He said the feasibility report was M, reviewed with the surrounding property owners on June 30th, the Parks Commission on July 6th and the Planning Commission on July 13th . Lambert said they have been able to meet with a majority of the landowners . He reviewed the contents of a letter from Larry Rice of Lakeland Developers who are developing property to the west of the proposed recrea- tion area . He said they support the concept generally, but they expressed concern about the concentration of traffic and people using the athletic fields proposed for the area next to their property. Lambert said he had reassured Mr. Rice that this is a concept plan only and that actual design plans would be reviewed with the surrounding property owners . s Lambert said the Parks Commission recommended approval of the plan with the following conditions : that an environmental assessment be made of the effect on water quality in Staring Lake and downstream from the area; and that consideration be given to acquiring an additional one or two acres of land for more parking area . He said the Planning Commission recommended approval of the plan, also including the suggestion that more land be acquired for parking. Paul Fjare of Brauer & Associates reviewed the process used for the current development concept and the reasons 4.4 f a a 4 City Council Minutes -7- July 21 , 1987 for dropping the earlier plan to include a golf course . He said they introduced a series of active and passive r water areas and tried to enhance water quality through a series of channels . He also reviewed the three primary focal points -- the recreation complex, an interpretive trail head to provide an environmental education focus for the passive recreation area, and the major center plaza . Rod Cole , Hickock & Associates, reviewed the results of the geological/hydrological analysis of the area. He said they recommend that the judicial ditch be dredged all the way down to Research Road and then allow a year for the area to be monitored in order to find out what happens during rainfall, snow melt , etc . He said the material excavated could be placed in the area of trails or roads; however, there may be opposi- tion from the regulatory authorities to this procedure should the excavated material create excess amounts of nutrient waste . Peterson asked if there is a correlation between the water level anticipated after the repair of the ditch and the removal of siltation further down stream, as he assumed that would lower the level of water and the volume storage capacity required by the Watershed District . Cole said that would probably not occur, as excess created by the dredging of ponds will be taken up in compensatory storage by the grading. Anderson said he thought that if we start with the premise that we will work with the Watershed District to meet their regulations , we shouldn't have a problem. Lambert said he thought Mr. Cole was addressing comments from the property owners that dropping the water level would provide more developable land and that such a situation would be a concern for the Watershed District . Anderson asked if the channel might have to be dredged all the way to Staring Lake . Cole said it was a pos- sibility, but they are suggesting that dredging be done only to Research Road . Cole said the high point is about 150 feet downstream from Anderson Lakes Park- way and is about three feet higher than the outlet elevation of the culvert . Harris asked about the dredging equipment to be used and why the nutrient material could not be used as fill . Cole said the regulatory agencies have a policy that fill from an area such as this should not be put back in the area because of the nutrient release that would probably flush downstream . g City Council Minutes -8- July 21 , 1987 k Pidcock asked what effect the dredging will have on Staring Lake . Lambert said this plan does not pro- pose any transfer of storage to Staring Lake because that would have an adverse effect on that facility. Lambert noted that very little of the interior of this development will require intensive maintenance, with the majority being left in a natural condition. Bentley said he has a mixed reaction to the proposal . He was disappointed because no way was found to get the golf course included , since that was probably the ' most popular amenity proposed . He said he was pleased with the entrance and the amphitheater concept . In addition, he said his first reaction to the proposed sports complex is total opposition, and he would pre- b. fer that area be used for something like the prior suggestion of an interpretive farm. Bentley asked what has caused the discharge at Ander- son Lakes Parkway to be three feet higher than other points . Lambert said construction around that area during very wet weather caused erosion down the sides which filled up the creek with sand from the slopes and created a dam. A discussion followed regarding drainage in the area, the impact of the culvert at Research Road and residents' concerns about this area. Pidcock expressed concern about the debris from builders and asked if we have a policy on that . Lambert said one of the major erosion problems was the City' s con- struction of Anderson Lakes Parkway. He also noted there is danger that Staring Lake will freeze out if the creek flow continues to be restricted . He said they would like the Council to approve a resolution tonight requesting permission from the Watershed Dis- trict to try to remove some of the material restricting the creek flow at Anderson Lakes Parkway. Pidcock again asked if we have a policy regarding cleanup by developers . Bentley said he did not believe that was pertinent to the issue . Peterson said he thought it was, to the extent that developers or contractors might share in the responsibility for t remedial action in that particular location. Dietz noted that would probably require litigation. Anderson said one of the things we 're concerned about is getting the creek to flow correctly through there . He believes a control structure could be made so that the flow into Staring Lake could be regulated over the year. Cole said they are proposing such structures on both the north and the south end of the recreation area. City Council Minutes -9- July 21 , 1987 A discussion followed regarding the extent of the dredging proposed at Anderson Lakes Parkway. Harris noted that there is a natural beauty in this area that she would like to see as undisturbed as possible . While she realized there is a need for athletic fields, she would prefer some other use for that area. Bentley said he recalled a significant discussion when approval was given for the recreation area con- cept regarding no highly active types of use in the entire area. He said the use as ball fields does not follow the intent of the original concept plan. a Lambert said that comments were made regarding whether a golf course would be used by those residents living in the high-density developments in the area. He said M.T .S . commented that their owners feel they would rather see some ballfields and picnic areas that their employees could use . He also said there are other potential sites for an interpretive farm that would not require building on the floodplain. :. � Peterson said he thought it would be possible to have a fairly passive open space area that might be condu- cive to such activities as a pick-up ball game without jeopardizing the integrity of the major park. Lambert said perhaps an irregular open play area would be better. Dick Feerick distributed an outline of his comments regarding the major center area. (Attachment A) He said he was very impressed with the park concept . He thought it was important to evaluate some of the points raised regarding the water level and the appropriate- ness of use before the plans are fully developed . Anderson said this has been one of his pet projects in the City. He noted the landowners adjacent to the area were the ones who pushed for a golf course . He commented that we have an opportunity to do something equivalent to such areas as Normandale hake in Blooming- tor, and that such areas have done much to attract businesses for those communities . i Pidcock said it was exciting to see the concept come ' this far, but she was not enthralled with the proposed ball park. . City Council Minutes -10- July 21 , 1987 Bentley suggested that discussion center on the list of ten recommendations contained in Mr. Lambert 's memo . Regarding Item i on the list, Peterson asked if it was reasonable to get ownership of all the floodplain property. Lambert said he felt not all the owners would transfer ownership at this point . He suggested that this is the proper time to ask all the property owners to transfer the land . At the same time the City should commit to applying for a clean lakes grant to start the project and begin the first phase of dredging for this once the property is transferred . He said we should retain sufficient funds in the cash park fees to begin the first phase development . Anderson asked if we are talking about using park dedication fees to purchase property. Lambert replied the only property designated for purchase is the acreage at the major entry point . He said both property owners involved in that acreage are supportive of the plan but are currently in the process of developing their land and therefore are not willing to sell right now. Anderson said he didn't want to lose any part of this project and he was concerned with what might happen if this is delayed and a proposal for development in that area comes forth. Lambert said the property owners will be kept informed of our plans so they can take that into consideration in their development plans . Mr. Feerick noted that Mr. Naegele and Mr. Feerick are working together on a concept that reflects the park plaza interest in that location. Regarding Item 2 , Bentley asked if at this point we are asking for a commitment for two additional acres. Lambert said he would like to determine if the Council- members are supportive of discussing that with the property owners involved . The consensus was that the acquisition of additional land should be explored further. Regarding Item 9, Bentley suggested that the phrase "recreation/sports area" be changed to "area" only. MOTION: Bentley moved, seconded by Anderson, to accept the recommendations of Staff, subject to the mod'ifica- f tions discussed . I City Council Minutes -11- July 21 , 1987 ;r Lambert said he would like to have a plan of the area that could be distributed and asked if it would be all right to remove the ballfields from the plan and sub- stitute a passive play space. Peterson cautioned that , if a plan is passed around , it becomes "the plan. " Lambert said that there has to be something on the J plan and he wanted it to be something the Council was comfortable with. A discussion followed regarding what should be desig- nated for the area on the west . The consensus was that it should be designated as a "future recreation area. " VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to accept the recommendation to carry $1-1 .5 million in the cash park fees as a reserve for beginning this project whenever the City acquires all of the park property. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to author- ize Staff to draft a Resolution requesting permission of the appropriate regulatory agencies to dredge the ditch . Motion carried unanimously . F. Report of Director of Public Works 1 . Award contract for Bennett Place and Blossom Road I.C . - 0 (Resolution No. 7- 0 —87 Director of Public Works Dietz reviewed the bids re- ceived for the improvements to Bennett Place and Blossom Road . Noting that the bid was 13% below the estimate of the feasibility study, he said Staff recommends the contract be awarded to Brown and Cris, Inc . Peterson asked if this includes the realignment of Blossom Road . Dietz said the decision was made to make it a cul-de-sac rather than realigning it into Hwy. 1 . MOTION: Anderson moved, seconded by Pidcock, to adopt t Resolution No . 87-208, accepting the bid of $349,236.15 from Brown and Cris, Inc . , I .C . 52-105, Sanitary Sewer, Storm Sewer, Watermain and Street Improvements at Bennett Place and Blossom Road . Motion carried unani- mously. City Council Minutes -12- July 21 , 1987 f 2 . Award contract for Prairie View Drive Improvements, I.C . 52-104 ZResolution No. 7-209 t Director of Public Works Dietz reviewed the bids re- ceived for the improvement; to Prairie View Drive and St . Andrew Drive . He said Staff recommends the contract be awarded to Northdale Construction Co . , Inc . , whose bid was 26% below the engineer's estimate . MOTION: Anderson moved, seconded by Harris, to adopt Resolution No . 87-209, accepting the bid of $244. 889.75 from Northdale Construction Company, Inc . , I . C . 52-104. Sanitary Sewer. Scorn Sewer, Watermain and Street Improvements at Prairie View Drive and St . Andrew Drive (RCM Project No . 861021 ) . Motion carried unani- mously. 3 . Award contract for Trunk Watermain between t494 and Rowland Road, I .C . 52-1 7 Resolution No . 7-210 Director of Public Works Dietz reviewed the bids re- ceived for the improvements to the watermain extension, Baker Road Reservoir to Rowland Road . Noting that the " bid was about 25% below the engineer ' s estimate, he said Staff recommends the contract be awarded to Mach- temes Construction. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No . 87-210, accepting the bid of $162,543 .50 from Machtemes Construction, I .C . 52-117 Watermain Extension - Baker Road Reservoir to Rowland Road . Motion carried unanimously. 4. Award contract for Shady Oak Ridge Utilities I . C. 2- Resolution No . 87-211 ) Director of Public Works Dietz reviewed the bids re- ceived for the improvements to the sanitary sewer and watermain at Old Shady Oak Road and Rowland Road and said Staff recommends awarding the contract to Richard Knutson, Inc . MOTION: Anderson moved , seconded by Bentley, to adopt Resolution No . 87-211 , accepting the bid of $143 , 237 .35 from Richard Knutson, Inc . , I .C . 52-119 Sanitary Sewer and Watermain Improvements, Old Shady Oak Road and Rowland Road (RCM Project No . 871009 ) . Motion carried j unanimously. 5 . Award contract for 128Z Material Purchases I .C . 2-12 (Resolution No. 87-212) City Council Minutes -13- July 21 , 1987 L In response to requirements to get bids on materials used by the City, Director of Public Works Dietz said advertisement for bids occurred and bids were received for materials for 1987-1988 with prices fixed until next May. He noted the Staff recommendations for award- ing the contracts and said bids that were higher than 4 our current arrangements were rejected . MOTION: Harris moved , seconded by Pidcock, to adopt Resolution No . 87-212 accepting bids for 1987-88 Maintenance Material, Gas, Diesel Fuel, and Water Treatment Chemicals . Motion carried unanimously . 6 . Review deferment policies for Special Assessments Referring to his memorandum of July 20, 1987 regarding deferment of special assessments, Director of Public Works Dietz said the memo responds to a specific question on how to deal with existing residents who are forced into special assessments because of a development . He reviewed the current deferment policies that exist and noted that there is no provision in the State statutes for deferring assessments until connection or develop- ment for a specific time period . Dietz said discussions with Mr. Pauly's office deter- mined that the best way to deal with the problems of existing residents is to exclude them from the actual assessment in the beginning rather than to give them deferments . The assessment would then become effective when the property was connected to sewer and water. Dietz said the problem with this is that interest is specifically excluded from the list of items that can be collected , so the City might be forced to absorb interest costs for a considerable period of time . Dietz said Staff is suggesting that when we put in a project we would assess at completion of the project the amounts for streets, curb and gutter, storm sewer and sidewalks . Those items would constitute 55-60% of the typical assessment . Harris asked if, when there is an exclusion, the fee is the actual cost at the time of connection or the original cost . Dietz replied only the original cost can be assessed . Anderson asked City Attorney Pauly if it would be possible for a landowner with a hardship to contract f g City Council Minutes -1 4- July 21 , 1987 with the City to pay this off at the time of sale of the property or at the time of connection. Pauly replied that there is no provision for that kind of arrangement and it would be unenforceable . City Attorney Pauly gave a summary of the statutes involved in this issue . A discussion followed regarding the situation of a landowner who is close to the age of qualifying for the deferment for senior citizens. Dietz said that historically we have given a $1 ,000 credit to pay for such assessments and suggested that we could abandon that credit and give a five-year exclusion for the assessment . Peterson asked what would happen if the property were sold in that period of exclusion. Pauly said sale should not make any difference because the basic reason for exclusion would remain. Peterson asked how those properties that were excluded would be flagged so that a potential buyer could be made aware of the assessment . Dietz said the only way to keep track of this would be to put as a comment., on the assessment information rolls that an assessment is going to be levied in year X . A discussion followed regarding the details of execut- ing such exclusion procedures. Dietz suggested that this issue be brought up again at the next meeting so that Mr. Jullie can have input into it and more research can be done . XI. NEW BUSINESS There was none . X I I . ADJOURNMENT MOTION: Pide ock moved , seconded by Bentley, to adjourn the meeting at 10:20 PM. Motion carried unanimously. a