Loading...
HomeMy WebLinkAboutCity Council - 09/15/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 15 , 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris , and Patricia Pidcock 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 . ±. PROCLAMATION FOR OBSERVANCE OF EDEN PRAIRIE "DAY OF PEACE" MOTION: Harris moved , seconded by Anderson, to adopt Resolution No . 87-262 proclaiming Eden Prairie Day of Peace . Motion carried unanimously . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The followingitems were added to the Agenda: VII . B . g Request from Olympic Hills for a Grading Permit ; IX . A . Appo ment of Doug Fell to Light Rail Transit Advisory Commission MOTION: Bentley moved , seconded by Pidcock, to approve the Agenda and Other Items of Business, as published and amended . Motion carried unanimously. 8 II . MINUTES A . CITY COUNCIL MEETING HELD TUESDAY • AUGUST u, 1287 Continued from September 1 , 1987 ). The following changes were made to the Minutes.- Page 5, Paragraph 2, Sentence 2--change "constructed with street construction" to "constructed simultaneous with street con'nstruction" ; Page. "17, Paragraph 6 , Sentences 1 and 2--change - "Graph 3" to ,"Draft 3"'; Page 18, paragraph 6 , Sentence 5--change "size and height might be" to "size and height indicated in Draft 3 might be" . City Council Minutes -2- September 15, 1987 MOTION Anderson moved , seconded by Pidcock, to approve the Minutes of the City Council meeting held Tuesday, August 4, 1987, as amended and published . Motion carried unanimously . B . CITY COUNCIL MEETING HELD TUESDAY, AUGUST 18, 1987 The following changes were made to the Minutes : Page 15 , Paragraph 2 , Sentence 3--change "Board ' s part" to "Counc il ' s part" ; Page 18 , Paragraph 7, Sentence 2--change "tenure" to "tenor" ; Page 20, Paragraph 2 , Sentence 1--change the sentence to read "Harris said it ' s important to have the m summary presented at the meeting since it outlines the City`s role in the process and clarifies questions raised several times by people in the community as to what the Council is doing" ; Page 20 , Paragraph 5 , Sentence 1-- change the sentence to read -Harris said any review of that nature should include legal review of recent court opinions regarding governmental restraints on use of real property" ; Page 21 , Paragraph 1 , Sentence 1 --change the sentence to read "Jullie suggested deferring this item to let Staff come back in a couple of weeks with a preliminary report addressing the issues of the growth process" . MOTION: Anderson moved , seconded by Bentley, to approve the Minutes of the City Council meeting held Tuesday, August 18, 198?, as published and amended . Motion carried r unanimously. III . CONSENT CALENDAR A. Clerk's License List B. Request from Robert B:iorkland , President of New Concept Homes, for nam ing of Park C . Final Plat approval for Eden Pointe south of County Road and east of Homeward Hills Road Resolution No . 87-255 D. 2nd Reading of Ordinance No . 47-87 amending City Code Sec- tion 2 .1 , which regulates the terms for the Historical & Cultural Commission E. Receive petition for street and utility improvements within Columbine Road right-of-way and authorize preparation of a Feasibility Study, I.C . 52-10 Resolution No . 7-2 1 City Council Minutes -3- September 15 . 1987 F . ESPECIALLY FOR CHILDREN . 2nd Reading of Ordinance No.. 38- 7-PUD- - 7, PUD District Review and Zoning District Amendment within the Neighborhood Commercial District ; Approval of Developer 's Agreement for Esppecially for Child- ren; and Adoption of Resolution No . 87-247. Authorizing Summary of Ordinance No . 37-87-PUD-8-87, and Ordering Publication of Said Summary. 1 .29 acres for construction of a day care facility . Location: South of Townline Road , east of Dell Road . (Ordinance No . 38-87-PUD-8-87, PUD District and Zoning District Amendment ; Resolution No . 87-247 , Authorizing Summary and Publication) G. Receive 100% petition for street and utility improvements for Wyndham Crest Addition and authorize preparation of plans and s ec fications I .C . 2- 29 Resolution No . 87- 259 x H . 1st Reading of Ordinance No . 48-87, renaming Appaloosa Lane to Tree Farm Road MOTION: Bentley moved, seconded by Harris, to approve Items A - H on the Consent Calendar. Motion carried unanimously. IV . PUBLIC HEARINGS A . ROGER' S BODY SHOP, INC . , by Roger L. Lindeman. Reqquest for Zoning District Change from Rural to I-2 on I acres with variances to be reviewed by the Board of Appeals , and Preliminary Plat of 1 .91 acres into one lot and road right- of-way for construction of an auto body shop. Location: Highway #169 across from the Hennepin County Vocational Technical School . (Ordinance #44-,.87, Rezoning; Resolution #87-249, Preliminary Plat ) Continued from September 1 , 1987 City Attorney Jullie called attention to the letter of September 15th from proponent requesting a two-week continuance . MOTION: Bentley moved, seconded by Pidcock, to continue this item to the October 6, 1987 meeting. Motion carried unanimously. B . BLUESTEM HILLS 4TH ADDITION, by Brown Land Company . Request for Planned Unit Development Concept Review on 15 .94 acres, Planned Unit Development District Review on 15 .94 acres with variances, Zoning District Change from Rural, to R1-13 .5 on 10 .57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the R1-13 .5 District on 5 .36 acres , and I City Council Minutes . -4 September 15, 1987 Preliminary Plat of 15 .94 acres .into 27 single family lots, 3 outlots, and road right-of-way. Location: West of Bennett Place and Bluestem Lane . (Resolution #87-250, PUD Concept ; Ordinance #45-87-PUD-11 -87, PUD District and Zoning District Change; Resolution #87-251 , Preliminary Plat ) Continued from September 1 , 1987 City Manager Jullie called attention to the letter dated September 15, 1987, from proponent requesting a 60-day continuance . MOTION: Pidc ock moved, seconded by Harris, to continue this item to the November 17th Council meeting. Motion carried unanimously. C . FALL 1287 SPECIAL ASSESSMENT HEARING (Continued from. September 8, 1987) Resolution NNo.-97-254 i Director of Public Works Dietz reviewed the special assess- ment items continued from the September 8th meeting. 1 . I .C . 51-272 : Sidewalk, Bikeway, Storm Sewer and Street Improvements on Valley View Road from Mitchell Road to Eden Prairie Road Regarding I.C . 51 -2 72, Dietz said two portions of this improvement were continued while the rest was approved . He said that after discussions with City Attorney Pauly, Staff recommends that the four parcels PID 09-116-22-14-0008 - PID 09-116-22-14-0011 be eliminated from the assessment rolls . New notices would be sent to all 120 units in the condominium development and a new Public Dearing date of October _ 6th would be set . Dietz said 122 notices were sent out for the September 8th meeting to the owners of condominiums in Village Green. He said notices are sent to taxpayers of record ; and this may occasionally result in notices , not catching up to the correct owner in cases of change of ownership . However, he said Staff believes the process was completed correctly and is recommending E that the assessment be levied per the original amount . Peterson asked Dietz to review what happens when the notice is sent to a former owner. Dietz said the notice is published in the newspapers however, Staff has no _idea of who didn't receive the notices that were. mailed out. . He said it was likely that a number of the properties had a closing 'after the pending City Council Minutes 75- September 15, 1987 assessment was put into effect . He noted that the developer may have escrowed some funds to pay the assessments . Mary Raabe , 14193 Bedford Drive , said there are 16 separate units for garages and they have been atempt- ing to identify who owns those . She said she would like to defer this a week or two to determine the ownership. z Peterson asked if that information would affect the assessment . Dietz said the intention was to assess only the residential units, not the garage units . 2 . Z .C . 52-01OD: Creek Crossing and Street Improvements on Technology Dr. from Prairie Center Dr. to West of Purgatory Creek Dietz said this improvement was adopted at the Septem- ber 8th meeting, but Mr. Feerick has requested that the assessment on the portion of the property on the north side of Technology Drive be deferred until development . He called attention to the letter from Mr. Feerick dated Septmeber 15th in which the defer- ment request was made . Dietz said this proposal would result in an assess- ment for PID 15-116-22-11-0003 of $30,275 and a deferment of $91 ,360 with interest until the construc- tion of improvements , but in any event the final pay- ment of the Special Assessment would be payable not more than 30 years hereafter. There were no comments from the audience . 3 . I .C . 52--035: Additional Sanitary Sewer, Water, Storm Sewer and Street Improvements on Chestnut Drive East of Anderson Lakes Parkway Dietz said the assessments -for this project were approved at the September 8th meeting. 4. I .C . 52-069: Storm Sewer" Improvements on Riverview Road in the Bluffs West 1st, 2nd & 5th Additions Dietz said this entire item was continued from the October 8th meeting. He revieweda graphic depicting properties included - in the assessment district and those not included . For. the Brandt property, .he - said Staff is proposing the 1/2 acre be assessed at $2 , 735 .30 with the balance of $21 ,663 .62 deferred until develop- - ment or a five year maximum, with interest not to . City Council Minutes -6- September 15 , 1987 1 exceed 50% of the principal . He said Staff is propos- ing that 112 acre of the Laseski roperty be assessed at $2. 735 .30 with the balance of 979, o4g .54 deferred until development or a five -year maximum, with interest not to exceed 50% of the principal. Peterson asked why a five-year maximum is proposed . Dietz said that seemed to be the direction the last meeting was going, and Mrs . Laseski had said she could not develop the property until 1990. Jullie noted a that five years has been used in prior assessments . t There were no comments from the audience . 5 . I.C . 52-079: Street Paving on Crestwood. Terrace from Dell Road to Pioneer Trail 6 . I .C . 52-094: Sanitary Sewer & Watermain Improvements on Baker Rcad from 62nd Street to Roberts Drive Dietz said both these projects were approved last time . 7 . I .C . 52-096 : Sanitary Sewer, Vlatermain, Storm Sewer and Street Improements in the Bluffs East 4th Addition Dietz noted Exhibit A now includes the correct figures in the column for the 1993 amount . He said the project was approved at the last meeting. 8 . I .C . 52-097: Sidewalk, Sanitary Sewer, Watermain, Storm Sewer and Street Improvements on Dell Road and the Interior Street within- Wyndham Knolls Dietz said this project was approved at the September 8th meeting. 9. I .C . 52-101 : Sanitary Sewer, Watermain, Storm Sewer and Street Improvements on East and West Riverview Dr. and within Bluffs West 5th Addition Dietz noted that requests for some sort of relief were received from the Blumis and Tom Brown. He said Staff recommends that an amount equal to the amount levied for sewer and water ($5 , 133 .92) be deferred for each of those properties until 1993 . There were no comments from the .audience . 10 . I .C . 52-102: Sidewalk, Bikeway, Storm Sewer & Street Improvements on Dell Road and in Hidden Glen 3rd Addition City Council Minutes -7- September 15, 1987 Dietz said this project was approved at the last meeting. 11 . SUPPLEMENTALS TRUNK SEWER & WATER Dietz said Staff rechecked the area included in the assessment of Mr . Rusic ' s property after Mr . Rusic questioned the area included . He said the review k, reduced the assessment to $11 ,560. He said Mr . Rusic is satisfied that figure is correct . r Dietz said the Brown and Bluml properties have been F excluded for the five-year period . f He said James Brown had requested more information about notification, Etc . He said PID 35-116-22-27- c 0007 is the underlying property for the Bluffs West 6th Addition. He said all information about the assessment was transferred to Wally Hustad so that an attempt was made to notify the responsible party . James Brown, 11551 Riverview Road . reviewed the history of the property . Peterson asked if he was objecting to the assessments . Brown said they are not objecting but feel they should have some relief for the two years while the City was deciding whether to purchase the property . Peterson said he would suggest Mr . Brown submit a written re- quest to the Council to consider such relief . REASSESSMENT OF CHATHAM WOODS Dietz said the entire reassessment of Chatham Woods was continued . He said there were two questions raised . The first question was that the purchasers received different information from the County . He said the County was aware that we are to be paid these assessments one year at a time and would receive 90% of each year' s payment on that contract to retire the Special Assessment . Dietz said the other question was whether the interest should be 12% or 8%. He said all the original parcels paid 12%. City Attorney Pauly noted there is no cap on the interest rate now . A' discussion followed re- garding the proper interest rate tor' the assessment .- There were no comments from the audience. City Council Minutes -8- September 15 , 1987 MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No . 87-254 with changes indicated according to Exhibit A . Motion carried unanimously . D. Vacation of Drainage and Utility Easements over part of Lots 1 and 3 , Block 1 , Prairie View Center located north of Highway No . and east of Prairie Center Drive Resolu- tion No - 7-25 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . He said this is basically a housekeeping item. There were no comments from the audience . MOTION: Bentley moved, seconded by Harris , to close the Public Hearing and to adopt Resolution No . 87-258, vacation of Drainage and Utility Easements on Lots 1 & 3 : Block 1 , t Prairie View Center . Motion carried unanimously . V . PAYMENT OF CLAIMS NOS . 37202 MOTION: Bentley moved , seconded by Anderson, to approve the f Payment of Claims Nos . 37202 - 37538 • Roll call vote: Anderson. Bentley, Harris , Pidcock and Peterson voted "aye . " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS There were none. y VII . PETITIONSA REQUESTS & COMMUNICATIONS A . Request from Beijing II Inc . - 1 City Manager Jullie referred to the letter of August 5 , 1987 from Mel Kurnow of Beijing II Inc . which requested the Council to consider amending the City Code to allow the serving of strong beer at restaurants that now serve wine and 3 .2 beer in order to be consistent with the Minnesota State statute . Jullie said he had discussed this with Public Safety staff and they have no objection. MOTION: Anderson moved , seconded by Harris , to refer- this to Staff for the purpose of preparing an ordinance to amend the City Code . Bentley suggested that any such amendment should contain a provision whereby the owner of such establishment must indicate to the patrons that they are serving strong beer. A discussion followed regarding such a provision. City Council Minutes. -9- September 15 . 19817 VOTE ON THE MOTION: Motion carried unanimously . B . Request from Olympic Hills for a Grading Permit City Manager Jullie said Olympic Hills Golf Course suf- fered some major damage because of standing water. He said they want to change some of the fairways to raise them up out of the floodplain . Director of Public Works Dieu said they are planning to regrade three holes . The material would all come from within the golf course . He said the regrading of two of the holes will require approval by the Watershed i District . s MOTION: Pidcock moved , seconded by Bentley, to approve the request of Olympic Hills for regrading of the fair- ways . Motion carried unanimously. IX . APPOTNTMENTS 4 A . Appointment of Doug Fell to Light Rail Transit Advisory Commission a MOTION: Pidcock moved , seconded by Harris , to appoint Mr. Doug Fell to the Light Rail Transit Advisory Commis- sion . Motion carried unanimously. A discussion followed regarding light rail transit and the advisory commission. X . REPORTS OF OFFICERS. BOARDS & COMMISSIONS A . Reports of Council Members 1 . Set S ecial Cit Council meeting for Tuesday, Septem- ber 22 , 19 7 , 7 :30 PM. to consider the City Budget MOTION: Pidcock moved, seconded by Anderson, to set a Special City Council meeting for Tuesday, September 22 , 1987 at 7:30 PM to consider the City Budget . Motion carried unanimously . B . Report of City Manager I . Award Contract for construction of Fire Stations Continued from September 1 . City Manager Jullie reviewed the Staff memo of Sep teMber 15 , 1987 on the bids for fire station construc- tion . City Council Minutes -10- September 15.. 198? MOTION: Bentley moved; seconded by Anderson, to accept the Staff recommendation to reject all bids and authorize preparation of revised plans and speci- fications and advertisement for bids, as outlined in Alternative 6 of the memo . Motion carried unanimously . 2 . Scheduling for Strategic Planning City Manager Jullie referred to the Staff memo of September 10, 1987 which presented a proposed Strategic r Plan Schedule . After discussion of the proposed schedule and Council- member' s own schedules, the consensus was to return to Staff for alternate dates . C . Report of City Attorney There was no report . D . Report of Director of Planning There was none . t E. Report of Director of Community Services 1 . Request from Stan Tekiela T� Y Director of Community Services Lambert reviewed his memo of August 11 , 1987 with the attached request from Stan Tekiela that the Parks, Recreation & Natural Resources Commission and the City Council consider z asking the County to donate to the City a 34 .08 acre parcel of land off Birch Island Road for an addition to Birch Island Park. Lambert said Mr . Tekiela hopes that such an action would decrease the practice of dumping trash there . He said the Parks Commission reviewed this and recom- mended approval. . Anderson said he concurs with that recommendation and noted that parcel contains unique hardwoods . MOTION: Anderson moved , seconded by Bentley, to direct Staff to prepare a formal request to the County for consideration of transfer of ownership of the parcel to the City for park purposes . Peterson asked if acquiring this parcel would result in considerable additional maintenance costs . Lambert City Council Minutes -11- September 15, 1987 said he didn ' t think so as we are now hauling out the trash that is dumped there . VOTE ON THE MOTION: Motion carried unanimously. 2 . Request to approve plans and specifications and to authorize advertisement for bids for Community Center partial repair Referring to his memo of September 10, 1987 . Director of Community Services Lambert said Staff is concerned over going through another winter with the condition of the Community Center because of the damage from water coming through the walls . He said the plans and specifications for repairs have been prepared and they are ready to go out for bids . Wally Daniels, Architect from Setter, Leach & Lindstrom, reviewed the plans and specifications for the repairs . He said the estimated cost for the first phase repair is $340, 000 for brick and $325 , 000 for block, plus $65, 000 for architectural fees . Mr. Daniels noted that only the outside layer of block will need to be replaced . He said painting of the inside walls will require the pool to be shut down and drained and they are proposing November 2 - 23 as the dates for that repair . Peterson asked if Daniels was proposing the use of block and not brick . Daniels said the base bid is for all concrete block in order that the repair not be considered an improvement in Tight of the current litigation. MOTION: Bentley moved, seconded by Anderson, to approve the plans and specifications and to authorize advertisement for bids for partial repair of the Community Center. Pidcock asked why we are trying concrete block again when we had so much trouble with it the first time. Daniels said the existing concrete block is a light- weight concrete block and that caused the problems. Lambert noted that light-weight concrete block is generally used for interior walls and standard weight 4 for exterior. He said the bid is for standard con- crete block or an alternate which would be brick. City Council Minutes -12- September 15, 1987 Peterson noted that we will get bids for block and for the alternate of brick and will then select one . Lambert said we need the block bid in order to have an actual cost for our litigation. s VOTE ON THE MOTION: Motion carried unanimously. XI . NEW BUSINESS There was none. XII . ADJOURNMENT MOTION: Bentley moved , seconded by Anderson, to adjourn the meeting at 9:20 PM. Motion carried unanimously. e