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HomeMy WebLinkAboutCity Council - 12/15/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 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, Asst. 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 Sue Anderson. PLEDGE OF ALLEGIANCE: ROLL CALL: Councilmember Harris was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following Items were added to the Agenda: VII. Discussion of Lot Storage Pe itit tion; X.B. 3 . Update on Hwy. 5 Power Line; XI. l. Terex Loader Buy-Back; XI.2. Set Sepcial Council meeting for December 22, 1987 . MOTION: Pidcock moved, seconded by Bentley to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY NOVEMBER 17, 1987 The following changes were made: page 3, paragraph 2, line 2-3 _shall read: and should not be looked upon as a recreational facility for an elite few; page 5, paragraph 1, line 2, word 6 shall read: it is; 2a2e 5, paragraph 7 line 3-4 shall read: to Staff and Commission's Red Rock Interceptor Summation Plans, which would include hard. . . ; page 5, para ra h 13 , line 4, word shall read: trail; page 6, paragraph 3 line 4 word 2 shall be deleted; page 6 are ra h 4 line 2 and 3-4 shall read: that is already a high traffic area ready for development, and the roads shall be upgraded to handle it; page 7, paragraph 6, line 1 shall read: MOTION: Anderson moved, seconded by Bentley to approve lot; page ll,_ paragraph 4 shall read: Anderson suggested that in operating as an eff c ent Council, members could decide if they wish to grade themselves; page 11, paragraph 6 dine 1-3 shall read: Bentley reported the 1976 Clean Air Act amended by Congress contain a multitude of air contaminates and potential placing of penalties on states that, in all ways, did not abide; page 11, paraSIraph 6 line 7 shall read: The impact of this is there is the potential for total enforcement of prohibition of; and page 11, paragraph 7, line 1, word 7 shall read: might. City Council Minutes 2 December 15, 1987 MOTION: Pid occocc k moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, November 17, 1987, as published and amended. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk's License List B. Set Special City Council Meeting for Wednesday, January 13 , -1988 7 : 00 PM, to discuss Resfdent's Advisory Committee on City Admin strative Offices Final Report C. Resolution No. 87-330, Accepting Transfer of Pleasant Hf11 Cemetery from the Cemetery Association the City of Eden Prairie D. MARRIOTT COURTYARD by Marriott Corporation. 2nd Reading of Ordinance No. 54-87-PUD-14-87, Rezoning from C- Regional to PUD-14-87-C-Reg-Ser on 4 . 2 acres; Approval of Developer' s Agreement for Marriott Courtyard; and Adoption of Resolution No. 87-316, Approving Summary of Ordinance No. 54-87-PUD-14-87, and Ordering Publication ' of Said Summary. 13 . 94 acres into 3 lots for construction of a 149-roam hotel. Location: East of U.S.Highway No. 169, north of I-494, west of Prairie Center Drive, south of Viking Drive. (Ordinance No. 54- 87-PUD-14-87 - Rezoning and PUD District; Resolution No. 87-316 - Authorizing Summary and Publication) E. STARRWOOD, Cardarelle & Associates. 2nd Reading of Ordinance No. 56-87, Rezoning from Rural to R1-13 . 5; Approval of Developer' s Agreement for Starrwood Addition; and Adoption of Resolution No. 87-323, Approving Summary of Ordinance No. 56-87 and Ordering Publication of Said Summary. 29. 19 acres into 42 single family lots, 2 outlots, and road right-of-way. Location: North of Research Road, east of Mitchell Road, southeast of McCoy Lake. (Ordinance No. 56-87 - Rezoning; Resolution No. 87-323 - Authorizing Summary and Publication) F. AMENDING CHAPTER ill REGARDING MECHANICAL SCREENING. 2nd Reading of'ordinance ance No. 58-87, Amending Chapter 11 Regarding Mechanical Equipment Screening G. Final Plat approval for Lunds Center Addition (Located south of Prairie Center Dr ve and eaeast of Franio Road) Resolution No. 87-325 H. Final Plat Approval of Raven Wood (Located south of Edenvale Boulevard and west of Raven Court) Resolution No. 87-326 I . Change Order No. 2L Nemec Knolls, I .C. 52-272 J. Change Order No. 4, Valley View Road, I.C. 51-272 City Council Minutes 3 December 15, 1987 K. Appointment of Fox, McCue 6 Murphy as Auditors for Fiscal Year 1987 L. Request Rile -Pur ato -Bluff Creek Watershed District to participate In review in drainage systems as a result of the July 23 Storm (Resolution No. 8 7-329) M. Authorize Preparation of a Feasibility Study to analyze Utility and Roadway Improvements necessary to serve the proposed 4th elementary school on the Harry Rogers property (Resolution No. 87-331) N. Final Approval of $20,900,000 Multi-Family Housing Bonds for Founts Place CSM (Resolution No. 87-332) 0. Amending the Indenture of Trust for Fountain Place CSM (Resolution No. n7-333) MOTION: Pid occocc k moved, seconded by Bentley, to approve Items A-G on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARING A. SOUTHGATE by William Smith. Request for Zoning District Change from R1-22 to R1-13. 5, and Preliminary Plat of 2.29 acres into single family residential . Location: North of St. Andrew Drive and west of Baker Road. (Ordinance No. 61-87 - Rezoning; Resolution No. 87-324 - Preliminary Plat) City Yanager Jullie reported that notices of the public hearing were sent to owners of surrounding properties and published in the Eden Prairie News. The Planning Commission heard this item in its November 23 , 1987 meeting and recommended approval on a unanimous vote subject to final plat approval of 1) detailed storm water run-off, utility and erosion control plans for review by City Engineer and Watershed District; 2) prior to building permit issuance, proponent shall pay the cash park fee, and notify City and Watershed District at least 48 hours in advance of any grading; 3) and shall enter into a special assessment agreement with the City for the upgrading of St. Andrew Drive. The Parks, Recreation and Natural Resources Commission did not review this item. Peter Knaeble, representing William Smith, stated proponent seeks Zoning District Change from R1-22 to R1-13 . 5 and Preliminary Plat of 2.29 acres into six single-family lots. The property was located on the north side of St. Andrew Drive between Baker Road and Prairie View Drive. He stated this project would involve some grading for the construction of building pads and roadway extension. Variances were not required, and utilities connect onto St. Andrew Avenue. Bentley inquired if the public street from St. Andrew Drive was being put under contract for paving. Dietz responded affirmatively, and noted that the first course of bituminous had been installed. 'k t City Council Minutes 4 December 15, 1987 There were no comments from the public. MOTION 1: Bentley moved, seconded by Anderson to close the public hearing. Motion carried unanimously. MOTION 2: Bentley moved, seconded by Anderson to approve 1st Reading of Ordinance No. 6-87 for Rezoning. Motion carried unanimously. MOTION 3: Bentley moved, seconded by Anderson to adopt Resolution No. 87-324 approving the Preliminary Plat. Notion carried unanimously. MOTION 4: Bentley moved, seconded by Anderson to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions that the road through the subdivision would be extended in the future. Motion carried unanimously. B. 1987 SPECIAL ASSESSMENT HEARING (Resolution No. 87-329) City Manager Jullie reported that this Public Hearing was published in the Eden Prairie News and sent to the owner of the affected property. The assessment roll consists of one property in the LaVonne Industrial Park with a special assessment due of $16,822.49. E Dietz reported that the Staff was convinced the discrepancy was a computer error, but the error was discovered to be human. A supplemental assessment in the LaVonne Industrial Park for Lot 3, Block 2 for Franklin National Bank was made in August 1983 to become payable in 1984 . The work in 1983 was not completed and, therefore, could not be assessed and the special hearing was delayed until 1984. In 1984, a special assessment of $83, 000 was levied with first installment in 1985. In September of 1985, the developer requested the balance due on this special assessment because he was selling the property. City Staff then advised Hennepin County funds were collected. After the audit turned up an uncollected assessment, it was found the City had entered the special assessment in 1983 showing first payment in 1984, when actually the assessment was delayed to 1984 with first payment in 1985 leaving a balance of $16,822 due in 1985. Dietz stated the City can now collect the $16,822 assessed against the property with payment over a three year period from present property owner. Pidcock inquired if present owners had been duly notified. Dietz replied owner was notified and not very pleased. Anderson motioned to close public hearing. Bentley requested delaying the closing of this public hearing and give property owner an opportunity to arrive and speak later in the evening. City Council Minutes 5 December 15, 1987 Mr. Matthews, property owner, stated he had a copy of the original notification of final assessment. He expressed concern that this was a burden to them and requested that at 11% interest perhaps r the City would levy this over a five-year period. Council asked Staff if this was equitable and Dietz replied affirmatively. There were no comments from the public. MOTION 1: Anderson moved, seconded by Bentley to close the public hearing. Motion carried unanimously. MOTION 2 : Anderson moved, seconded by Bentley to adopt Resolution NO. 87-328 approving 1987 Special Assessment over five-year period of time. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pid a k moved, seconded by Bentley, to approve the Payment of Claims Nos. 39150-39467 . Roll call vote: Pidcock, Bentley, Anderson, and Peterson voted "aye. " Motion carried unanimously. VI . ORDINANCES AND RESOLUTIONS A. Proposed Alarm Ordinance City Manager Jullie reported that the number of false alarms to which the Police Department must respond has grown out of proportion. Responding to systems which owners should have in proper working order results in less staff available to respond to other emergencies. Surrounding communities have found that adoption of an ordinance which sets a fee to be charged after a certain number of false alarms an effective means of controlling this abuse. The City Attorney's office drafted a proposed ordinance for false alarms. It stated that after three false alarms per calendar year, there would be a fee charged assessed by resolution of the City Council. Jullie stated the Police Department recommends that the City adopt the graduated fee schedule used by the City of St. Louis Park whereby user was allowed three false alarms per calendar year without penalty; a fee of $50 was charged for each false alarm in excess of three; $100 per false alarm in excess of 10; and $150 per alarm in excess of 15 false alarms per calendar year. Jullie introduced Police Chief Keith Wall and directed questions from Council to him. Anderson inquired about charging a different fee if fire trucks are called out for false alarms repeatedly at the same property vs. the fee for patrol car false alarm. He also inquired if Staff could investigate what surrounding cities have for ordinances of this nature. city council Minutes 6 December 15, 1987 Jullie stated that the purpose was not to recover cost, but to bring attention to this situation and defer some of the Ar cost in the process. 41 Bentley expressed his understanding of Anderson' s request and his agreement of Jullie's statement that the initial purpose was to obtain the attention of the chronic abuser. On behalf of public safety, the Council should adopt this ordinance. Different fees for different service calls can be addressed if necessary at a later date. Mayor Peterson inquired about security companies and their response. Wall responded that security companies requested the. City adopt this ordinance to encourage owners to be more responsible for their systems. Wall further stated that it would be less complicated in this first year to have only one fee to deal with abusers. He explained the reality that when officers are repeatedly called to the same addressed for false alarms, they become complacent when that location has an alarm. Pidcock believed the fee should be levied after two false alarms. Anderson believed the fee should be levied after four false alarms. Judie stated that the issue was to adopt an ordinance to enact a user fee for false alarms, not setting the fee or the minimum number of false alarms which would be addressed in the annual Fee Resolution. MOTION: P dcock moved, seconded by Anderson to approve 1st Reading of Ordinance No. 62-87 which establishes the ability to set fees for false alarms. Motion carried unanimously. Mayor Peterson directed Staff to return to Council with its recommendations of fee schedule at a later meeting. VII . PETITIONS, REQUESTS & COMMUNICATIONS Discussion of Lot Storage: Petition City Manager Jullie reported the receipt of a petition signed by sixty-two residents in the Topview Road area stating a concern about the use of side lots for storage area. They requested Council consider adopting restrictions to prevent this unsightly occurrence. Jullie continued that his office suggested to the residents to first approach the Council in the manner of this petition. Mayor Peterson responded that this matter had been brought to the Council's attention prior to this meeting, and in light of the petition, he directed Staff to research this situation and report back to Council on the second meeting of January, 1988 with their research and recommendations. City Council Minutes 7 December 15, 1987 VIII . REPORTS OF ADVISORY COMMISSIONS None IX. APPOINTMENTS None X. REPORTS OF OFFICERS, BOARDS 6 COMMISSIONS A. Reports of Council Members None B. Report of City Manager 1. EAW Meeting Jullie stated he attended a meeting called by the Metro Council Environmental Research for the study of a possible EAW on the Reuter solid waste processing plant. He advised Council they would be receiving input and it appears the plant would make an application. He concluded from the meeting that an environmental impact study was not necessary. Anderson inquired if a timetable has been established. Jullie responded not at this time. Jullie reported on the public forum at Eisenhower Community Center held on December 14th in reference to the Southwest Suburban Corridor LRT line. Nearly all who spoke to the Committee opposed or expressed reservations about placing an LRT line on the abandoned rail line west of Hopkins. After Committee members discussed what it would recommend to HCRRA regarding alignment and station locations, a motion was approved and adopted to endorse both a northern and a southern alignment. Specifically, it recommended that the HCRRA extend the system along the southern alignment as soon as possible and at least as far as Baker Road (at I-494) . Jullie concluded that it would be important to maintain contact with County Commissioners and County Staff regarding merits and advantage of LRT along the southern alignment. 2. Waste Management Plan Jullie reported on the Recycling Plan required by Hennepin County and due on December 31, and stated the plan outlines the work to be done and components which might possibly be implemented during 1988. He added that the financial data contained in the report does not obligate the City to the expense of any fund. Jullie asked the Council to adopt the plan allowing City to remain open to final decisions. City Council Minutes 8 December 15, 1987 MOTION: Pidcock moved, seconded by Anderson , to approve the 1988 Waste Management Plan to be submitted to Hennepin County. Motion carried unanimously. 3 . Hwy. 5 Power Line Jullie reported that the Council had previously approved funds to bury the NSP line on Hwy. 5 at a cost of $50, 000. NSP has now stated a more substantial amount for this project and he cannot recommend approval to proceed at this exorbitant cost. Pidcock inquired of the new cost estimate. Jullie reported it was over $100,000. Jullie continued that in the future there may be some beefing up of other lines so to eliminate the above ground line along Hwy. 5. If NSF decides to bury the line, it would charge the City. In most areas this was cost feasible as NSP rebates the hook-up cost to the City over a five-year period for each new hook-up. However in this area there was little potential for new hook-up. Pidcock inquired if there was another approach to negotiating with NSP. She commented there were less service outages underground than above. Anderson inquired if it was reasonable in the near future to have no overhead lines in the City. Staff responded affirmatively. 4 Pidcock stated she felt it was the City's prerogative to allow NSP to lay lines through the City, and in turn NSP to assess property owners using those lines. Anderson inquired to City Attorney Pauly if NSP wanted to run lines through our City, can the City rotate they must go underground. Pauly replied he was not prepared to answer at this time, but would obtain the answer for Council. Jullie stated the City requires underground lines in many new subdivisions and that was an issue in the negotiations. If the lines are going in a downtown area, NSP absorbs the cost for underground cable. Peterson suggested Jullie continue negotiating with NSP. C. Report of City Attorney Pauly requested a meeting to discuss the matter of erosion on the bluff. Jullie reported that the hole has not been filled. The City has been working on right-of-entry onto the property. City Council Minutes 9 December 15, 1987 This was a hazard to the community and Mr. Seavall would not allow access to his property. Jullie stated City Attorney Pauly was getting ready for legal right-of-entry and would be pursuing that. The right-of-entry states there was a hazardous condition and specific work needs to be done by a specific time. if the property owner fails to do it, the City would do the work and assess the cost to the property owner and collect. Mayor Peterson stated the Council was anxious to have this condition resolved and if it requires a special meeting, the Council was available. D. Report of Director of Planning None E. Report of Director of Community Services 1. Preserve Center Access Trail Lambert reported that on December 7, 1987 the Parks, Recreation and Natural Resources Commission considered the advisability of keeping open the trail which connects Preserve Village Mall and the residential neighborhood to the southwest. on a 4-2 vote, the Commission recommended that the Council leave the trail open, and that it attempt to correct the concerns of the adjacent neighbors through our design of the trail, extensive landscaping, and installation of a split rail fence. Mayor Peterson inquired to Lambert what the cost would be to correct the concerns of the residents. Lambert stated a ball park figure would be $3-4000. Mayor Peterson inquired to Lambert if this cost would be absorbed by three parties: City, Homeowner's Association, and Ryan Construction. Lambert stated the parties indicated they would share the cost but did not mention to what dollar amount. Bentley stated it might be appropriate for discussion this evening, but to delay action until specific plans and costs are presented. Mayor Peterson felt the Council should hear facts available this evening in case Council decides to approve. Larry Paumen, 9712 Clark Circle, stated that when he attended the special meeting of the Parks & Recreation Commission and explained the incidents, he was informed he did not have pictures or anything in writing stating the events in question. on that note, he presented photographs of the area explaining the vandalism, and property damage. City Council Minutes 10 December 15, 1987 He questioned Ryan Construction's commitment to landscape design when the original design was estimated at $15,000 and then abandoned due to cost. The path was not used in the winter and he requested a sign be posted stating the path was closed, and then see if there was any reaction from residents. He wanted the City to know that the path was a true nuisance to the residents, and asked why not have a sidewalk along Garrison Way. This path through his property leads out to a loading dock area which was dangerous for kids. Lambert, responding to the idea of a sidewalk along Garrison Way, stated this could have and should have been done before the homes were built. Now the City would have to contend with front yards and driveways and this was tough because houses are in place. Anderson commented that the traffic along the streets in that area was heavy, and stated he would be opposed to closing trail because there was no other access to the stores and a safe access to businesses on the east side of County Road 1. Peterson inquired if the trail was maintained in the winter. Lambert stated homeowners have done it in the past, as well as the hardware store. Paumen asked Council if littering was against the law, damage to property against the law, foul language against the law. Anderson replied that when the kids are little, everyone wants the trails. When the kids become teenagers a few years later, thoughts shift to get rid of the trail because these kids are destructive. Pidcock commented that there are many residents who assume this trail would never be closed. Perhaps a sign could be posted restricting bikes from being used on the trail. She also stated there was a curfew, and after a certain hour no one should be on the trail. Paumen asked Council to consider a gate with sign stating access hours, etc. Bob Humphreys, 9365 Garrison Way, spoke to the fact that vandals have torn the fence down, vandalized his property, and the City admits this was against the law. He felt from the comments by the Council that no matter what the residents said, the City would not close the path regardless. The Council advised him to hold violators until police arrive. He stated he does not want to call police for small matters such as foul language, littering, and riding mopeds on the trail. But if the Council wants the Public Safety personnel 's time used this way, so be it; they would call the police each time City Council Minutes 11 December 15, 1987 there was a violation. He was very concerned for safety of his family. He has found footprints in the snow by his patio door and in view of the the recent rapes in the area, this was very frightful. If the City fails to aid the residents in this matter, he would be forced to sell his home. He stated the home next to his has had three owners in three years. When he moved into the property in 1979 it was without a shopping center. One year later in came the shopping center and the residents were told to tolerate it. It has been 9 years and the residents still tolerate it and it is getting worse not better. Peterson interjected that the Council is very concerned and that was why the Council was now attempting to resolve this, but the change was one of the consequences of living in a bigger town. Humphreys asked Council if their homes were sitting just 8 feet from a $1, 000, 000 operation. He believed the Council was going to let two homes suffer for the rest of the area. Bentley stated that the City has many trails between homes and backyards. The comprehensive trail system was to access, by pedestrian means, the City of Eden Prairie. He resented the implication that Council does not care when it does in fact care very much, and felt there was no reason why the residents should suffer. Anderson stated unless there was a safer way to get to the shopping center, it was in the best interest of the community to allow it to remain open. Humphreys commented that the City provides a safe path that dumps into an asphalt loading dock and busy parking lot area. Anderson asked residents to identify the people in violation with specifics, and give this information to the police in an attempt to restrict this to pedestrians. Anderson noted the City could handle this in a different manner before electing to close the trail . MOTION: Anderson moved, seconded by Peterson to approve the recommendations of Parks, Recreation and Natural Resources subject to review of the landscape plan, review of the cost of landscaping, and review of the gate or the fence. Motion carried unanimously. Bentley requested Staff to report back to Council on the second meeting in January about questions regarding adequate screening on the Paumen property. Jullie responded that work would not commence until spring. i City Council Minutes 12 December 15, 1987 F. Report of Director of Public Works 1. Five-Year Capital Improvements Project Budget Y Eugene Dietz, Director of Public Works, presented the 1988 Capital Improvements Budget for discussion and review to Council . Dietz further reported that the State Land Planning Act mandates that the CIP be reviewed by the Planning Commission, which would in turn forward it to the City Council with recommendations. Dietz recommends that the CIP be sent to Planning Commission for its review. Bentley commented there was a definite lack of information regarding proposed funding mechanism. He asked what the sources of funds proposed would be for project to project. He requested to see how the City's Reserve Fund would be impacted in the long term. He saw too many items that were funded from the Reserve and was concerned. Dietz responded that buildings, major equipment expend- itures, and bike trails would be an obligation of the general fund, but as the budget becomes more defined, they would work toward a specific source of funding for all categories. The present goal was to get something to Council and present this to Planning Commission for their review. At a future date, after Planning Commission comments are received, a funding proposal and budget would be presented to Council for approval. Dietz commented on the Satellite Maintenance Facility that was proposed. The City has the opportunity to acquire the Clean Sweep Operation as a potential site for storage and maintenance function. It has sufficient space for the silt sand supply. The location would be County Road 1 east of U.S. Hwy. 169; and would be an excellent location for the purposes intended. Bentley indicated a concern of how these items tie into strategic plan. Do they fit into the projected five-yeas budget? A specific issue was the liquor store slated for 1989. Would it be public or private operation? This has not been decided as yet. Also City Hall land acquisition was an issue that the Council has not approved. Bentley stated there was a need for a program that would tell the cost of this proposal. He directed Staff to justify the impact on the budget and reserve fund. Dietz commented that if the City growth pattern continues, the water system capacity would have to be upgraded within 4 years. On the subject of water, Pidcock commented that she has been receiving complaints about water having a strong taste of chlorine. Dietz responded that in the City Council Minutes 13 December 15, 1987 winter the City does hwre this problem when there was not enough chlorine in the water. The temperature change was the reason, and the City makes adjustments on a daily basis. Pidcock requested information for Council on the difference of liquor store being privately-owned and paying taxes versus City owning the liquor store. Peterson asked the Staff to refine this elaborate proposed budget before Council takes action. He also felt the Council should review this before being sent to Planning Commission which could thereby place Council in a politically embarrassing situation if any of these items were acted on prior to Council approval . He felt the Council should be comfortable with all the items before forwarding to Planning Commission. Bentley inquired if there was a time constraint and asked City Attorney Pauly if approval was required for proposed budget of this nature. Pauly stated in reviewing capital improvement projects it does not mean that the entire picture needs to be approved just those items that have urgency, and then step back and look at the rest in a more relaxed fashion. Dietz responded that some of the projects are going to be pressing forward. one in particular was the signals at MCA intersections. The budget indicated six signals and the City has funds for three. Peterson stated receipt of the plan does not constitute any. approval of any part or all of it. Council would review it. Anderson asked Dietz what timeline he was looking at. Dietz responded 2 to 3 months, and no action was required at this meeting. Bentley moved that this proposed budget not go to Planning Commission until source of funding was established and greater discussion by Council had taken place. Anderson stated this budget should be sent to Planning Commission for its review and comments which would assist Council in their discussion. He also requested additional Staff input before approval. Pauly stated the sole function of the Planning Commission with regards to the Capital Improvements Project Budget was to verify that projects are in compliance with the City's comprehensive guideplan. Council directed Dietz to follow that language in forwarding the budget to the Planning Commission. City Council Minutes 14 December 15, 1987 XI . NEW BUSINESS 1. Terex Loader Buy-Sack Eugene Dietz stated a memo in the last meeting packet to Council spoke of the purchase of a Terex Wheel Loader in 1981. The City awarded the contract to Borchert-Ingersoll with a guaranteed five year "buy-back" provision for a fixed price of $92,800.00. During the interim, due to the economy, Borchert-Ingersoll has found themselves in a position of not being able to fulfill the contract provision. In lieu of litigating the matter and incurring the associated expenses, the City Staff has been negotiating for almost a year and felt an acceptable settlement would be to fix the value of the present loader at $48, 500. 00. Borchert would reimburse the City of Eden Prairie the amount of the difference between the established value and the "buy-back" price of $44,300. 00. Borchert would pay this back in monthly installments over a three-year period at 10% interest. Borchert would supply the City with a new set of tires for the loader and repaint the machine. Dietz continued that after verbally agreeing to this settlement, they requested that it not be in written form. They requested to appear before the Council and enter into a verbal agreement with the City. Their reason was that a written agreement would cause problems with their auditors. Bentley stated his objection to this issue. It was not on the agenda, details were not before the Council, and it had legal implications. Pidcock stated she was comfortable with discussing this issue. Pauly stated he was somewhat familiar with this transaction. The City would enter into a written agreement after the first of the year. MOTION: Pdcock moved and Anderson seconded to place this item on the agenda. Motion passed 3-1-0 (Bentley opposed) John Laipple, representative and employee of Borchert- Ingersoll, stated a dollar figure of $44, 300.00 with 10% interest over a 36 month period with new tires and a paint job was the agreed settlement. When questioned about verbal agreement, Michael stated he was not aware of that stipulation or the reason. He was under direction by his firm to come before the Council and confirm the agreement. r city Council minutes 15 December 15, 1987 MOTION: Anderson moved, and Pidcock seconded to continue this item at the second meeting in January. Motion passed unanimously. 2. Special Council Meetings Jullie reported a special meeting of the City Council was scheduled for December 22, at 6:00 PM for approval of sale of $5,000, 000 of bonds. A strategic planning meeting was scheduled for January Oth from 9-5. A meeting for discussion of the new City Hall would be on January 13th at 7:00 PM. XI I . ADJOUPJ MENT MOTION: Bentley moved, seconded by Anderson to adjourn at 10:22 PH. Motion carried unanimously. EXECUTIVE SESSION The Council then not in executive session to discuss potential s contests and litigation regarding the Flying Cloud Landfill. This session adjourned at 21:00 PM. I F r }