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HomeMy WebLinkAboutCity Council - 12/19/1989 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, DECEMBER 19 , 1989 7: 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City k Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present a I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION• Pidcock moved, seconded by Anderson to approve the Agenda as published and amended. ADDITIONS: ADD Presentation by Hennepin County Commissioner, Randy Johnson. ADD Item X.A. 1, Set Date for Special Meeting regarding the Landfill. ADD Item X.A. 2 , Earth Week. DELETE: DELETE Item III . L from the Consent Calendar. Motion to approve the Agenda carried unanimously. Commissioner Johnson presented the City of Eden Prairie a check for $43, 500. 00 for its recycling containers. Johnson complimented Eden Prairie for its aggressive efforts toward recycling. Mayor Peterson thanked Commissioner Johnson for his leadership in recycling and environmental concerns. II. MINUTES A. Regular City Council meetAng held Tuesday. 0 r City Council Minutes 2 December 19, 1989 MOTION: Harris moved, seconded by Anderson to approve the Minutes of the regular City Council meeting held Tuesday, June 20, 1989 as published and amended. CORRECTIONS: Page 7 , Paragraph 5, Sentence 4 , should read: for the conditions on the Land Alteration Permit. Motion carried 4-0-1. Pidcock abstained. B. Special City Council meeting held Thursday. November 30, M 1989 MOTION• ? Harris moved, seconded by Pidcock to approve the Minutes of the Special City Council meeting held Thursday, November 30, 1989 as published and amended. CO_RU CT I ONS: Page 4, Paragraph 1, Sentence 2 , should read: has to pay for the development . . . . . Motion carried unanimously. C. Regular City Council meeting held Tuesday. December 5. 1989 MOTION: Pidcock moved, seconded by Harris to approve the Minutes of the Regular City Council meeting held Tuesday, December 5, 1989 as published. Motion carried unanimously. III . CONSENT CALENDAR A. Clerks Ligense List B. 1289 ReROKt from the Waste Management Commission C. Hougghold §attery Removaland Disposal Report frgm Waste Management Commission D. MOORHEAD'AQDITION by Transtar, Inc. Second Reading of Ordinance No. 42-89, Zoning District Change from R1--22 to R1-13 . 5 on 1. 77 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for Moorhead Addition; and adoption of Resolution No. 89-255, authorizing summary of Ordinance No. 42-89 and ordering publication of said summary. Preliminary Plat of 1.77 City Council Minutes 3 December 19 , 1989 acres into 4 single family lots, 2 outlots, and road right-of-way. Location: 9969 Bennett Place (Ordinance No. 42-89 - Rezoning; Resolution No. 89-255 - Authorizing. Summary and Publication) E. Final Plat Approval for Moorhead Addition (located east of Bennett Place and south of Blossom Road) Resolution No. 89-253 F. RggWest from Hockey Association regarding Proceeds from concessions G. Cooperative , grgement with watershed District for Study of Impact on Staring Lake Park of Revising Flood Storage Capacity H. Authorizing Mayor and City Manager to Convey City Property to Scenic Heights Investment in Conjunction with the Red_ Rock Shores Subdivision (Resolution No. 89-263) I . Approving Process for Abating a Dangerous Condition at 600 & 8640 Grier Lane J. A,greemgnt with the Metropolitan Council to Acquire Lot on Wallace Rom K. Request for Speed Study for CSAH 1 (Resolution No. 89-264) L. Staring Lake Park Amphitheater Rental Policy (REMOVED €RQM THE AGENDA) MOTION: Anderson moved, seconded by Harris to approve Items A through K on the Consent Calendar, with Item L removed. ITEM F Lambert reported that this item had been approved by the Parks, Recreation & Natural Resources Commission at its meeting December 18, 1989 . He added that the recommended action was approval for this year only and denial in future years. IT " Pidcock asked for clarification on this item and the purpose. Dietz replied that this was part of the Red Rock Shores subdivision approval for the transfer of property by Harry Rogers and Red Rock Shores. k I Y City Council Minutes 4 December 19 , 1989 ITEM I Pauly noted that the caption on the order should be extended to list as defendants, K.T. Construction, Inc. , a Minnesota Corporation and Neutgens Excavating, and Lampert Lumber Company, a Minnesota Corporation. Motion to approve the Consent Calendar carried unanimously. IV. PUBLIC HEARINGS A. PUBLIC STORAGE by Public Storage, Inc. Request for Guide Plan Change from Low Density Residential to Office on 1. 09 acres and from Low Density Residential to Neighborhood k Commercial on 1. 09 acres and from Low Density Residential to Industrial on 3 . 10 acres, Zoning District Amendment from Rural to Office on 1. 09 acres, and from Rural to 4 Neighborhood Commercial on 1 . 09 acres and from Rural to I- 2 on 3 . 10 acres with variances to be reviewed by the Board " of Appeals, Preliminary Plat of 5. 28 acres into 3 lots and g road right-of-way, Site Plan Review on 5. 28 acres for construction of 54 , 137 square feet of office, commercial, and industrial land uses. Location: West of County Road 18, south of the Preserve Village Mall . (Resolution No. 89-260 - Comprehensive Guide Plan Change; Ordinance No. 46-89 - Rezoning; Resolution No. 89-261 - Preliminary Plat) Continued Public Hearing from November 7 , 1989) ,3 City Manager Jullie reported that the proponent had requested a continuance to the February 6, 1990 City Council meeting. MOTION: Anderson moved, seconded by Pidcock to continue this item to the February 6, 1990 City Council meeting. Motion carried unanimously. B. ALPINE CENTER by Lariat Companies. Request for Planned Unit Development District Review on approximately i8 acres, Zoning District Change from Office to C-Reg-Ser and Site Plan Review on 3 . 56 acres for construction of a 29, 700 square foo retail center. Location: Northeast corner of Prairie Center Drive and Commonwealth Drive. (Ordinance No. 47-89-PUD-10-89 - PUD District Review and Zoning) Continued Public Hearing from November 21, 1989 Enger reported that the proponent had requested that the item be tabled. The proponent would be making changes to the plan and returning to the Planning Commission. City Council Minutes 5 December 19 , 1989 LOTION• Pidcock moved, seconded by Harris to return the Item to the Proponent without prejudice as requested. Motion carried unanimously. C. COUNTRY GLEN 2ND ADDITION by Coffman Development. Request for Zoning District Change from Rural to R1-13 . 5 on 6. 7 acres, Preliminary Plat of 6.7 acres into 14 single family lots and road right-of-way. Location: East of Duck Lake Road, west of Claycross Way and Country Road. (ordinance No. 48-59 - Rezoning ; Resolution No. 89-262 - Preliminary Plat) 4 Jullie reported that notice of this public hearing had been mailed to owners of 65 surrounding properties and published in the December 6, 1969 issue of the Eden Prairie News. Ron Bastyr, representing the proponent, presented the plans for 14 lots with 1 existing home on 6 .7 acres. The project was located to the west of the previously approved Country Glenn 1st Addition. Two streets were proposed to connect with Duck Lake Road. Enger reported that the Planning Commission had reviewed this item at its November 27, 1989 meeting and had recommended approval with a 6-0-0 vote subject tot he recommendations outlined in the November 24 , 1989 Staff Report. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No. 48-89 for Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to adopt Resolution No. 89-262 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. PROPOSED 1990 GENERAL FUND BUDGET ,AND TAX LEVY (Resolution No. 89-265) Continued from November 30, 1989 Mayor Peterson thanked the City Manager and Staff for there thorough responses to the Council 's requests for additional information. 4 ( City Council Minutes 6 December 19, 1989 Tenpas favored Option 2 related to the mileage allowance for the Assistant City Manager. Tenpas believed that if necessary this could be changed at a later time. Anderson asked if the budget would be reduced if the intern would start July 1, 1990. Jullie replied that the budgeted amount would then be cut in half. i fi Harris asked if this was proposed as a three-month internship to coincide with the summer break and at what level of education the intern would be. Jullie replied that the intern would probably be either a junior or senior in college. ASSESSING DEPARTMENT Pidcock asked if 7 assessor and 2 clerks were necessary. Jullie replied this represented the present Staff. Pidcock then commented that at this level Eden Prairie had more Staff than Bloomington and noted that the growth rate in Eden Prairie should not be as great as in previous years. Jullie replied that last year Bloomington assessed 80 new homes compared to 400 new homes assessed in Eden Prairie. Pidcock asked why a new home would be difficult to assess. Pidcock believed that the building permit should reflect the approximate value of the home. Jullie replied that Eden Prairie had many custom homes which were unique and difficult to assess. Peterson asked City Assessor Steve Sinell what the time difference was between assessing a new home and doing a reassessment. Sinell replied that a reassessment would take approximately 3 hours, which a new home would take between 4 to 6 hcurs. Sinell added that with a new assessment there was time involved in setting up files for future reference and because there is very little known about the home prior to the assessment it would take longer to collect the information. Sinell noted that the average home in Eden Prairie was valued at approximately $200, 000. Tenpas asked if it would be possible to eliminate 1 position and add overtime hours and the addition of the computer. Sinell replied that more time was needed to spend on appeals, and on valuing commercial and apartment buildings. Tenpas then asked when additional Staff would be needed. Sinell replied at least l additional person would be necessary by 1991 because the City would be required to take over part of the County Assessor's duties. Sinell noted that during 1990 time would be needed for training to be able to accept these duties. City Council Minutes 7 December 19, 1989 Tenpas stated that based on Staffs response to the questions he recommended Option 3 . Peterson commented that he was not attempting to make further cuts in the budget. Peterson believed that the Council needed to stay away from a management role and stay within a policy decision role. Peterson said that he was impressed with the work that Staff had done preparing for this year's budget. Tenpas believed that the Council was responsible for making sure that management was doing its job and to be sure that the City is managed properly. Pidcock stated that she favored Option #3 regarding the City Assessor budget. Anderson was concerned that the Council might be making cuts in the budget without fully knowing the effect it would have on the services provided for the residents . Anderson believed that the Council needed to accept the budget on the basis of what the City Manager and Staff had documented. Anderson noted that the Council would also needed to ta: e a careful look at the cost of legal services for the year. SAFETY Tenpas asked what expenses would be different related to Safety between 1989 and 1990. Director Kevin Schmieg replied that a new safety program and a safety committee were being initiated this year to try to reduce the amount of time lost from injury. PARK PLANNING Tenpas asked if it would be possible to only have one park planner and still keep caught up on the work. Lambert replied no. Anderson asked what would be lost if the second park planner were not provided. Lambert replied that the second park planner works on "as built" park plans and does some of the small design projects. Lambert added that the work of the first park planner would be slowed down somewhat to handle the smaller projects and the "as built" park plans project would stop completely. Lambert stated that he would support the 6-month plan. PARK CAPITAL OUTLAY Tenpas asked if the three new bike trails had all been petitioned. Lambert replied that the trail on Eden Prairie Road was a petitioned project, the budget for the 1 City Council Minutes 8 December 19, 1989 trail on County Road 1 was not exactly known at this time, and if there were funds available for a third trail it would be the trail by Prairie View School . Tenpas recommended that the turn lanes at Flying Cloud fields be delayed and all 3 trails constructed. Lambert replied that there was a traffic problem at the Flying Cloud fields for short periods of time during the spring and fall and that when possible a police officer was provided to help direct the traffic. Lambert added that the Metropolitan Airports Commission had indicated to the City that it would have long term use of the ballfields at Flying Cloud field. Anderson believed there was a traffic problem at the g Flying Cloud fields. Tenpas asked how the provision of a left turn lane would eliminate the traffic problem. Lambert replied that the major volume of traffic was coming from the east and that at times cars are backed up for 2 to 3 blocks. Lambert noted that some parents were letting their children out in the traffic or passing on the shoulder. Police Chief gall stated that the situation was hazardous at the Flying Cloud fields. Lambert stated that during the last season Staff had tried to stagger the soccer and softball schedules, which appeared to help. Anderson was concerned that with the development of the southwest area of the City and the increased traffic on County Road 1, it was important to make the road safer. Tenpas questioned why the City had to pay to upgrade a County road. Dietz replied that the County considered the need for turn lanes as being project-related and, therefore, the responsibility of the City. Tenpas then asked when the turn lanes would be constructed. Dietz replied that the turn lanes would be completed by Fall 1990. Peterson asked what was not allocated in Option 2 that was part of Option 3 . Jullie replied that the bike trails for Option 3 should be $50, 000. ENVIRONMENTAL RESOURCES Tenpas noted that only one part-time tree inspector had been hired in 1989 and asked if this would not be adequate for 1990. Lambert replied that the inspections of private property were not done at the same level as in the past. Lambert added that he would be comfortable with only one r part-time person because of the stabilizing number of Dutch Elm trees; however, a rise in Oak Wilt disease was being seen. Tenpas asked if the Oak Wilt disease would be City Council Minutes 9 December 19 , 1989 as devastating as Dutch Elm disease. Lambert replied that the disease was transferred through the root system of the trees and whole areas could be destroyed. Anderson stated that he was concerned about the potential loss of oak trees and believed that preventive measures should be taken to help reduce the loss. Lambert replied that two inspectors would be needed next year to cover inspections properly. Peterson asked Lambert to explain the $5, 000 difference between option 2 and Option 3. Lambert replied the $5 , 000 was the cost of the second inspector. Harris believed that a $5, 000 investment would be worth the amount of trees which could be saved. RECRE TION�AL ADMINISTRATION & SPECIAL EVENTS Pidcock asked Lambert why it cost $11 , 000 to provide programs that generated $10, 000 in revenue. Lambert replied that not all the programs offered met their costs. ORGANIZED ATHLETICS t. Tenpas asked if consideration had been given to increasing fees for organized athletic programs. Lambert replied that Eden Prairie was in the middle-range for fees compared with other Metropolitan cities. Tenpas then asked if fees were increased every year . Lambert replied that fees were not increased every year. Lambert added that a justification for an increase needed to be substantiated. Anderson asked if an increase could be substantiated by a cost-of-living raise. Lambert replied yes. Peterson asked Lambert how Eden Prairie's facilities compared with the other communities. Lambert replied that the Round Lake facilities were excellent and the other fields were mid-range compared to other cities facilities . Lambert added that each team paid an extra $65. 00 to provide the lighting at Round Lake fields. Pidcock believed that adult sports should pay their own way and that only children's sports should be subsidized by the City. Pidcock asked why the concession stands did not pay its own way. Lambert replied that possibly the hours of operation needed to be reduced to operate only at peak hours. { Pidcock then asked why the concession stand could not be rented out to a private organization to run. Lambert replied that the concession stand had originally been 4 City Council Minutes 10 December 19 , 1989 constructed to provide a service. Lambert added that the City could request bids from private vendors to operate the facility. Tenpas asked what the deficit was for the concession stand. Lambert replied approximately $1, 000 . Tenpas asked if prices could be increased to at least cover the cost of operations. Anderson asked Lambert to check with the City of Bloomington to see how it was working out to have concession stands to be operated by private vendors. Tenpas recommended that the possibility of renting out both the concession stand at the Community Center and at Round Lake be considered. FINANCE x Tenpas asked why the consideration of hiring a purchasing g clerk had been removed. Director of Finance Frane replied that an analynis of the purchasing function had been done in other communities and several misconceptions regarding what a purchasing clerk actually would be responsible for were found. Frane added that controls had been put into affect to assure that adequate shopping and price comparisons were done. Tenpas questioned if the City was making its specifications too restrictive, especially when a capital expenditure was being approved. Anderson noted that the hiring of a purchasing clerk had been a recommendation of the auditors for the last 2 years. Pidcock believed that the position should not have been removed from the budget because it had been endorsed by the auditors. Pidcock believed that it would be more cost effective to have a purchasing clerk take comparative bids for supplies, etc. Harris asked how this was handled by cities of comparable size. Jullie replied that it was necessary for the department heads to be involved in the specification writing process and the smaller items would be handled by existing Staff. Jullie recommended that the newly- implemented procedures be given time to see if improvements were made. Tenpas stated that his main concern was with the larger purchases. He believed that how specifications were written could be limiting the number of bids obtained. Jullie replied that if specifications were written which City Council Minutes 11 December 19, 1989 locked out bidders, the City would hear from the companies which were unable to bid. Jullie added that much equipment was highly specialized. Tenpas suggested that an industrial engineer be hired by the City to analysis if the City was operating efficiently. Tenpas believed that a third opinion could be helpful. Pidcock noted that she had also recommended this in previous years. Tenpas believed that use of an industrial engineer should be considered and the issue of hiring a purchasing agent should be reconsidered. CIVIL DEFENSE Tenpas asked how many civil defense sirens would be provided when the system was complete. Wall replied that the City currently had 10 sirens in place and a total of 13 would complete the system. Tenpas then asked if there were any areas of the city which could not hear the sirens. Wall replied no. s ENGINEERING 6 Tenpas asked if any problem would be created for Staff if Option 2 were recommended. Dietz replied that the entire budget had not been spent in 1989. Dietz said that authorizing funds for an engineering consultant was not critical ; however, this would not be the best management technique. Peterson asked Dietz if it would be cost-effective if the engineering consultant were eliminated. Dietz replied that the purpose was to try to control overtime costs. Dietz noted that the main overtime expense was necessary to prepare for the special assessments. Dietz believed that there would be no change in service with Option 2 or Option 3 . GENE�L SHAREQ SERVICES Tenpas recommended Option 3 . Tenpas recommended that the legal expenses for the landfill litigation be taken out of the General Fund balance. Peterson stated that a specific amount should be agreed upon. Tenpas was concerned because an accounting of the General Fund had not been provided. Tenpas believed that the public had a right to know these figures. ( Jullie asked Tenpas if he was recommending an increase in t the tax levy rate. Tenpas replied that he was suggesting City Council Minutes 12 December 19, 1989 that the funds for the legal expenses come from the General Fund surplus. Harris concurred that a specific amount needed to be established and that if additional funds were necessary that the City Manager needed to return to the City Council. Anderson asked Jullie what amount he would recommend be budgeted for the landfill litigation. Jullie replied that an estimate of $500, 000 to $600, 000 had been provided by 4 the City Attorney's office;' however, a better estimate would be available after the preliminary hearing on January 23, 1990 . Tenpas believed that the expense should be part of the budget. Tenpas recommended an amount of $550, 000 be budgeted. p Pauly stated that he had indicated a range between $500, 000 and $600, 000; however, he had hoped to have the opportunity to discuss the strategy further. Jullie noted that all the legal expenses for the landfill litigation had been kept separate. Harris recommended a budget of $700, 000 for legal services, $525, 000 of which would be for services related to landfill litigation. Peterson stated that he would not support this expenditure unless more information was presented. PUBLIC INFORMATION Jullie noted that the figure for this line item should read $63 , 000. NOTION: Harris moved, seconded by Anderson to close the public hearing and adopt Resolution No. 89-265 certifying the final tax levy and to approve OPTION 3 with the previously discussed changes for the 1990 Budget . Tenpas asked what the public improvement overhead revenue would be for 1990. Frane replied that it would be $250,000. Tenpas then asked why this amount was decreasing. Frane replied there were fewer public improvement projects. Tenpas asked if the figure was current at this time. Frane replied yes. Jullie commented that the City would need to use part of the General Fund balance to make up for the reduced revenue. City Council Minutes 13 December 19, 1989 Tenpas asked where the money would come from for a new city hall and additional park land. Tenpas believed that a industrial engineer could provide direction for Staff. Harris asked Tenpas if he were not prepared to vote unless an industrial engineer were considered and the money appropriated for the legal expenses for the litigation for the landfill. Harris believed that the recommendation for the consideration of an industrial engineer should be discussed at a strategic planning meeting. Harris also believed that it was important to remember that the City was a public operation and not the same as a private business when considering the need for an industrial engineer. Tenpas noted that with the legal expenses considered as E part of the budget the figure would be approximately $13, 800, 000. Jullie stated that this would represent a 14% to 15% increase in the budget for 1990. a R Tenpas asked what the General Fund balance amount should be. Harris replied that she would be comfortable with $1, 000, 000. Pidcock concurred. Harris believed that this would also be a subject to be discussed further at the strategic planning meeting. Tenpas stated that he was concerned with a 14% to 15% increase. Anderson was concerned about making provision for a new city hall and acquiring park land for the city. Anderson added that these items had been discussed for over 2 years and nothing had been done. Peterson stated that he understood the concern about a 14% to 15% increase in the budget; however, the increase in the City's population should be considered. Tenpas believed that the process could be better. Peterson noted that more meetings and more time on the part of Staff and the Council had been spent on this budget than in previous years. Harris asked if the budget could be amended after this meeting if additional legal fees were needed. Jullie replied that what was actually being determined tonight was the tax levy. He added that actual changes in the budget could be made at a later time if necessary. Tenpas stated that he was comfortable with the levy rate. Motion carried 4-0-1. Tenpas abstained. X I l City Council Minutes 14 December 19 , 1989 V. PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Anderson to approve Payment of Claims No. 56138 to No. 56458 . ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE" . VI . ORDINANCES & RESOLUTIONS VII . PETITIONS REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS r° IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS i A. Reports of Councilmembers 1. Set Special Meeting Regarding Landfill Pidcock asked when a meeting could be scheduled to discuss the strategy for the landfill litigation. Pauly replied that a prehearing conference would be held on January 3 , 1990 and it would be helpful to have a direction frorl the City Council prior to that meeting. The Council set a closed meeting for December 28 , 1989 at 11: 00 AM. 2. Earth Week Anderson noted that the week of April 21-28 , 1990 had been designated as Earth Week and recommended that the City of Eden Prairie plan special events during this time. Peterson noted that Earth Week could be part of the Celebrate Minnesota activities. B. Regort of City Manager 1. Negotiator for Ctv ,Hall Jullie reported that 4 proposals had been received and reviewed by Staff. Jullie recommended Bud Andrus from the Andrus Agency. Ye believed this proposal to be the most cost effective. NOTION: Pidcock moved, seconded by Harris to approve the Staff recommendation of Bud Andrus for the City Hall negotiator. i City Council Minutes 15 December 19 , 1989 Tenpas asked what exactly would be done by the negotiator. Jullie replied that the negotiator would present to the Council realistic proposals, prepare comparative figures, and recommend terms of sale. Tenpas stated that he did not want to see the City go to this expense if the money was not available to go through with the project. Peterson believed that the Council and the community were committed to proceeding with this project. i Tenpas asked what the estimated cost would be. Jullie replied approximately $15,000 and $20, 000. Tenpas then asked if all the proposals were based on hourly rates. Jullie replied yes. Jullie added that 6 to 7 sites would be reviewed and the upper estimated cost would be $15, 000. Anderson noted that this recommendation had been made over 3 years ago. Motion carried 4-1-0. Tenpas voted "NO" . K 6 C. ReRort of City Attorney D. Rgoort of Director of Planning E. Director gJ Parks. Recreation & Natural Resources F. ReRort of Director of ,Public Works G. ReRort of Finance Director XI . NEW BUSINESS XII . ADJOURNMENT MOTION: Anderson moved, seconded by Pidcock to adjourn the meeting at 10: 10 PM. Motion carried unanimously.