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HomeMy WebLinkAboutCity Council - 12/18/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TIME: 7:30 PM Tuesday, DECEMBER 18, 1990 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: 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 Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Anderson, to approve the agenda. Anderson asked that the agenda be suspended and requested Harris to read a proclamation declaring January 15, 1991 as Gary Peterson Day in the City of Eden Prairie, in recognition of service to the community as Mayor from 1985 to 1990. Mary Peterson also presented Mayor Peterson with a flag in commemoration of his service to the City. Under Item X.A., Pidcock requested the addition of (1) Colored Paper. Anderson requested the addition of (2) Request for information on the Environmental Consortium of 16 Cities. Peterson said that Item III.E. would be considered under Item IV.C. as a Public Hearing. Jullie requested deletion of Item H from the Consent Calendar. This Item would be placed on a future agenda. He also requested the deletion of Item VII, C, Red Rock Shores Land Alteration Permit:, as the issue had been resolved. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. Special City Council Meeting held Tuesday, Novel2gr 27, 1990 Anderson moved, seconded by Harris, to approve the minutes of the Speci,,Q City Council Meeting held Tuesday, November 17, 1990. Motion approved 5--0. City Council Minutes 2 December 18, 1990 B. City Council Meeting held Tuesday, December 4. 1990 Harris moved, seconded by Anderson, to approve the minutes of December 4, 1990. Harris said that on page 1 of the Minutes, Page 2789 of the packet, the minutes reflect a correction. She would like to correct the correction to read that she had said she believed the City Hall should be near or proximate to a commercial area, rather than in a commercial area. Minutes approved as amended 4-0-1, with Pidcock abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Resolution Renaming the Miller Spring to the Fredrick-Miller Spring (Resolution No. 90-278) C. Resolution Reconstructing the Roadside Marker Designating the Site of "The Battle of Shakopee" (Resolution No. 90-279) D. MINNESOTA VIKING INDOOR PRACTICE FACILITY by Kraus Anderson Company. 2nd Reading of Ordinance No. 15-90-PUD-8-90, Planned Unit Development District Review on 15 acres with waivers and Zoning District Amendment within I-2 Zoning District on 4 acres; Adoption of Resolution No. 50-277, Authorizing Summary of Ordinance No. 15-90-PUD-8-90 and Ordering Publication; Adoption of Resolution No. 90-280, Site Plan Review; 15 acres into 1 lot for Construction of an indoor football practice and training complex. Location: 9520 Viking Drive. (Ordinance No. 15-90-PUD-8-90 - Publication; Resolution No. 90-280 - Site Plan) F. Final Plat Approval of Ravenwood 3rd Addition (located in the south 1/2 of Section 4. east f Edenvale, Boulevard (Resolution No. 90-282) G. 1st Reading of Ordinance Ng. 1-91 Rglating to the Licensing of Collectors of Solid Waste H. Agproval of Fox. McCue & Company to serve as Independent Auditors for 1990 Calendar Year 1. CGM BUILDING - Adoption of Resolution No. 90-281, Site Plan Review for a 1,000 Square- Foot Building Addition. Location: West of Highway 212, east of City West Parkway. City Council Minutes 3 December 18, 1990 J. Resolution No. 90-286 Relating to Tax Division of Property Owned by U.S. Fish & Wildlife and Darril Peterson K. Special Counsel Services MOTION Anderson moved, seconded by Harris, to approve the Consent Calendar with the changes noted. Enger said he wished to call Council's attention to Item D on the Consent Calendar which was the second reading of the Vikings Rezoning. The one issue that was left outstanding at the time of first reading was the color of the building. Color samples were available for Council viewing. The proposal was for a gray roof and a bone color for the walls which the Planning Commission believed to be the best choices. Anderson asked if it would better to have a green roof. Gary Tushie, the architect for the Vikings, said gray blended in better than green and that the darker color would be more visible during all times of the year. Pidcock asked why the Item G referred to the Licensing of Collectors of Solid Waste rather than to the Licensing of Collectors fir Multi- Family Dwellings. Dawson explained that this was an amendment to the ordinance for licensing of solid waste haulers which extended the section of the ordinance requiring collection of recyclable items to multi-family dwellings. Motion approved 5-0. IV. PUBLIC HEARINGS A. Vacation 90-10 - Rpsegrch Roa4l from Flying Cloud Drive to Staring Lake Parkway (Resolution No. 90-285) Jullie said that notice of the public hearing was published in the November 29, 1990 issue of the Eden Prairie News and mailed to affected property owners. With the construction of Staring Lake Parkway and its new intersection with Anderson Lakes Parkway by the Oak Point Intermediate School, that portion of Research Road was no longer necessary and served no public function. It was recommended that that portion of the road be vacated. MpTIO Anderson moved to adopted Resolution No. 90-285 to vacate Research Road from Flying Cloud Drive to Staring Lake Parkway. Seconded by Pidcock. Motion approved 5-0. City Council Minutes 4 December 18, 1990 B. Order Improvements and Preparation of Plans and Specifications, I.C. 52-16- (Street and Utility Improvements on Dell Road between T.H. 5 and CSAH 1 and Scenic Heights Road between CSAH 4 and Dell Road) Resolution No. 90-283 Jullie said notice for the public hearing was mailed to property owners involved and was published in the December 6 and 13, 1990 issues of Eden Prairie News. The project was proposing to extend improvements, utilities, and streets on the Dell Road Extension south of Highway 5 and Scenic Heights Road west of Eden Prairie Road. Details of the project were included in the feasibility report which the Council received on November 20, 1990. City Engineer Alan Gray reviewed the feasibility study, giving background on the southwest area study, and background on the cost analysis of and cost-sharing between the various properties and the City as well as some detail on the feasibility study- itself. The latest proposal would assess property owners $50.00 per front-foot or 24.3% of the project, the City's share would be 30.8%, and 45.8%. would be paid for by an area assessment. Total cost of the project would be $6,402,342. He said the plans were to do the work on project in two phases to be completed over a 3 to 4 year period. The final assessments would be determined prior to awarding the contracts. Dietz called attention to written communications from property owners. He said this was not a typical project and said that the front-foot assessments and the area assessments were similar to what was done in the Ring Road area a number of years ago. He said the project was a package and might seem costly because the streets were in a State-Aid street system. However, the offsettftig benefit was that the City would not be assessing any adjacent roadway improvements. He identified other projects that would be necessary in the next five years witli costs totalling $13,400,000 and which would be furcied partially through Municipal State Aid funds and partially through General Obligation Bond Funds. Each year $400,000 was levied towards road improvements. He projected a net need in the next five years of $12 million and available revenues could be expected to be about $1.4 million each year. Tenpas asked if the MSA funds would stay the same or go up. Dietz answered that in 1990 the collections were $966,000. He was not certain if the new census figures would be in place for allocations for 1991, but because of the population increase in the City, a higher revenue allocation could be expected. However, other areas of the metro area had increased in population and road needs as well, so MSA funds would not necessarily be significantly greater. Also, as some of the projects were built the roadway needs would go down. As there would be an upward pressure from population and a downward pressure from the projects being completed, the competing needs would be offset. City Council Minutes 5 December 18, 1990 Peterson requested Dietz to clarify his statement that at some point in the future the City could participate at a higher level than it currently would be able tv do. Dietz said that if the two roadways under discussion were to be a higher priority than any others, the project could be done on State Aid funds. But as needs exist in other parts of the cornrnurt ity, the Dell Road-Scenic Heights Road may not be first priority. As other projects were built and more funds generated, there would be money available in State Aid funds to fund a higher portion of tle cost of this project. Tenpas asked what other whys there were of financing road projects. Dietz replied that if there were not enough money in the MSA pool for the City, bonds could be sold and the cash flow used to pay them off. Tenpas asked if NSA cash flow could be predicted over the next ten years. Dietz said that it could be estimates within 10-20 percent based on population and per capita income. Harris asked if it were possible to carry the MSA funds over from year to year. Dietz said it was. There was $1,700,000 in the fund this year. The City's allocation was $966,000 this year and there was some left from last year. Dietz stressed that with State Aid funds, the roads must be built to meet traffic demands for 20 years. Pidcock asked if this project could be Put into a TIF District. Jullie said that in checking with the financial consultants it was determined that with the revisions in State statutes, TIF was not an option for this project. The benefitting project must be something such as subsidized housing or manufacturing. Harris asked if there were ever a time in the past when the MSA funds had been reduced. Dietz said that it would take a Constitutional amendment to change this law as the formula for allocation was in the State Constitution. Anderson asked if there were► to be a drop in the purchase of gas in the state, would the fund be lowered. Dietz said this was a possibility. Stephen Wagner, 8430 Eden Prairie Road, said he objected to the project because of how it impacted his property. His assessments for recent improvement prof-ects have totaled $75,000, which he did not believe had added to the value of his property. It seemed to him that the pressure was put on the current property owners while the developers reaped the 6-enefits. Eugene Ruud, 8420 Eden Prairie Road, spoke in opposition to the development because it wou14 cut his property into two pieces. He said it would be a burden to him financially with no benefits to him. City Council Minutes 6 December 18, 1990 Spencer Kluegel, attorney for Jacques/Ballack Property and George Schroers Property, said that the two major parcels over which Dell Road would pass would be homestead property. Assessments on these parcels would be for front footage, but the properties would also get the area assessments. He said that the assessments proposed were out of proportion to the value of the property. He also said that the plan that the road right-of-way be given to the City by the landowners and assess them in addition to this gift was unfair. Lee Johnson, U. S. Home Corporation, requested that the Council not act immediately on this project. He said that he believed the system as set out in the feasibility study was over-designed, that phased construction was more appropriate, and that the benefitting parties outside the southwest sector were not bearing their fair share of the cost. He would like the Council to affirm that this would not be a freeway and take into account how it would impact the- residential area. He proposed that Scenic Heights Road be built as a 35-foot- wide collector street and paid for on the basis of $50.00 a front-foot with the balance being assessed to the area. He said any costs above this design should be paid out of the MSA funds. He believed Dell Road should be built in stages with two lanes being built now and the balance with MSA funds as needs develop. Paul Anderson, an attorney with LeVander, Gillen & Miller, representing Mrs. Jacques, said he believed the assessment against this property was too high and not justified as value added to the property. He believed the City should bear more of the cost. He suggested that the area south of County Road 1 be assessed and that the City fund anything over what a 32-foot road would cost. He believed the assessments were unfair to the Jacques property because the property would receive an area assessment for Scenic Heights Road, an assessment for the oversized Scenic Heights West, and an assessment oversized road on Deli Road as well. He urged the Council to review this situation again with the properties in the southwest quadrant of the proposed project. Joe Boston, 16375 Candlewood Parkway, said that the residents in the Fairfield Addition had not received information on the subject. He requested that copies of the feasibility study be made available to the residents of this area. Dick Feerick, representing BD&D Partnership, said he believed the process on the project could have been done faster and in a spirit of cooperation rather than in an adversarial manner. He believed a better way of assessing benefits could be found. He expreased his concerned about the impact of these policies on the citizens of the City. He encouraged greater involvement of the Council and staff to resolve matters in a timely manner as far as development issues were concerned. D City Council Minutes 7 December 18, 1990 Neal Frisch, 15855 Village Woods Drive, questioned whether the road was needed. He asked what happened to the funds if the project came in under estimates and who shared the burden if it came in over estimates. Brian Gensmer, a developer, spoke in support of the road. He favored the City paying a greater share and stated that he believed 56 percent to be a fair assessment. He said that in other cities that he surveyed, landowners were not asked to pay nearly the amount that landowners in Eden Prairie were being asked to pay in assessments. Rick Packard, project manager for the Sienna Corporation, stated that he did not believe the City share of the project was high enough because 56 percent of the traffic on the roads was projected to come from other areas. He said that the wetlands have not been property factored in to the area assessment. John Howarth, resident, said he believed the assessment to be reasonable for the developers. There were no further comments from the audience. Peterson asked Dietz to respond to the questions raised in the hearing in writing to the Council. Harris said she would like to continue this item until she had opportunity to review all the information presented. Peterson suggested that those residents attending the hearing leave their names and addresses so that information Dietz presented to the Council could be mailed to them. Anderson said he would like to know costs that other cities were incurring and how they compared to Eden Prairie. He said he would also like to know the costs of designing roads such as design of a two-lane road compared to a three-lane or four-lane road. MOTS Pidcock moved that the public hearing be continued to February 5, 1991. Seconded by Harris. Motion approved 5-0. C. CDfJG. Request by Staff to Transfer the Balance of Funds in the Year XV Scattered Site Budget to the Housing Rehab Program Budget; Adoption of Resolution No. 90-276, Authorizing Transfer of Fund Balance Dawson said a request had been received to reprogram monies in the Community Block Grant Program. Funds set aside for a scattered site housing program were unable to be spent as new rules were City Council Minutes 8 December 18, 1990 being made at a Congressional level to make Eden Prairie's application valid iRri the future. There were needs in the Housing Rehabilitation program and federal statutes required a public hearing for this type of transfer. There were no comments from the audience. MOTION Harris moved to close the public hearing and adopt Resolution No. 90-276. Seconded by Harris. Motion approved 5-0. V. PAYMENT OF CLAIMS Pidcock moved the payment of claims, seconded by Anderson. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Agricultural Preservation Designation (Continued from December 4, 1990) Jullie said this item was continued from December 4, 1990 in order to provide Mr. Marshall an opportunity to address the Council regarding the proposal for the Agricultural Preservation Designation. Enger said a response from Mr. Marshall to the staff memorandum was distributed to Council members. Mr. Marshall had said that he would prefer that the Council have an opportunity to review his correspondence and had requested that the item be continued for this reason. MOTION Pidcock moved to continue this item until February 5. Seconded by Anderson. Motion approved 5-0. B. T.I.F. ComMittee - Teceive T.I.E. Committee Capital Improvement Project Rezaort George Bentley made a report on the recommendations of the T.I.F. Committee so that Council and staff could determine the priority of the projects identified for construction in the next three years using T.I.F. revenues. City Council Minutes 9 December 18, 1990 Bentley reported that the Committee consisted of Bette Anderson, Karen Joyer, Bill Naegele, Laurie Pennebaker and Ed Schuck. He reviewed the main points in the written report received by the Councilmembers. He said that the Committee began its work in June by reviewing the laws and defining the parameters of the review process. Specific parameters were (1) Cities could hold monies from Tax Increments collected and apply them to the payment of costs identified in the Tax Increment Financing Plan after the T.I.F District had expired. (2) It was possible to expand the development district boundaries but not any of the T.I.F. Districts. (3) Additional projects could be added to the list as approved by the City Council on April 17,1990 without penalty. (4) Changes in the development district boundaries or approved project list would require the same discussion, public hearing, and Council findings as for the revisions made in April, 1990. (5) $9.3 million was expected to be available and a number of projects provide special benefits to adjoining properties and a portion of the cost could be specially assessed. (6) $12.5 to $12.6 million would be available for projects within the T.I.F. district. A public meeting was held on October 24 for discussion of the special projects. He reviewed the suggested projects and priorities listed in the written report of the Committee with the use of maps and charts. He made the following recommendations: 1. That Council adopt the T.I.F. Capital Improvement budget as shown Table 1. 2. That a public hearing be scheduled to meet the statutory requirements to amend the project list as recommended. 3. That City Staff be authorized to proceed with development of plans and specifications necessary to implement 1991 projects. MOTION Pidcock moved to thank Mr. Bentley and the Committee for the work on the project and to accept the recommendations in the report as presented. Seconded by Tenpas. Motion approved 5-0. D. Southwest Metro Transit - Review of Final Draft of the Southwest Metro Park & Ride Study MOTION Tenpas moved, seconded by Harris, to accept the recommendations of the Southwest Metro Park and Ride Study. Motion approved 5-0. i City Council Minutes 10 December 19, 1990 E. Amendment to Joint Powers ^eement for Southwest Metro Transit (Resolution No. 90-287) MOTION Pidcock moved to recommend approval of Resolution No. 90-287 approving the Amendment to Joint Powers Agreement for Southwest Metro Transit. Seconded by Harris. Motion approved �--0. VIII. REPORTS OF ADVISORY COMMISSIONS IX. ApRow j:MENTS A. 2 Appointments to the Southwest Metro Transit Commission (1 Councilmember to fill a one-year term. and 1 representative for a three-year term) MOTION Pidcock moved to continue the appointments to the Southwest Metro Transit Commission until January 22. Seconded by Anderson. Motion approved 5-0. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of CouncilmeMbers 1. Colored Paper Pideock complimented the staff on the use of colored paper for different items in the Council packets. 2. Environmental Cities Coalition MQj:TON Anderson moved to request staff and the Waste Management Commission to obtain more information on the Environmental Cities Coalition so that the City could consider being involved with this group. Seconded by Tenpas. Motion approved 5-0. B. Report of City Manager C. Report of City Attorney D. Report of Director of PIA_nninrt r City Council Minutes 11 December 18, 1990 E. Report of Director of Parks, Recreation and Natural Resources 1. Review Status of Land Donations in Lower Purgatory Creek Valley Lambert said that the City had inadvertently filed three of the deeds in this area and the Parks, Recreation and Natural Resources Commission requested that the City deed the parcels back to the original owners so that the properties could be deeded properly to the City according to the timetable agreed to with Hustad Development. MOTION Harris moved, seconded by Tenpas, to have Pauly draw up the appropriate papers to deed the property back to the original owners in order that the properties could be deeded properly to the city at the appropriate time. Motion approved 5-0. F. Report of Finance Director G. Report of Director of Public Works H. Council Vacancy Appointment Process Peterson turned the chair over to Anderson temporarily for this portion of the meeting. Peterson was not present for the discussion. Tenpas said that he did not realize that the deadline for applications was December 13 and he had several calls from persons inquiring about the process since that date. He had asked them to send their applications. He also said he would like to have the Council determine what to do in case of a tie vote. Harris suggested that rather than refer to a tie vote, discussion should be held on what constituted a majority. She said she would consider a majority a 3-1 vote. She suggested that the Council should vote until one candidate received a majority and a limit on the number of ballots should be set. Pauly said that the Council could come to an agreement on this subject, and urged it to do so. However, any agreement would not be legally binding until the new Council was sworn in. Tenpas suggested a maximum number of ballots be set and a tie would be considered a tie vote if nobody had a majority of three votes. City Council Minutes 12 December 18, 1990 After discussion, Pauly was instructed to to provide the Council with a recommendation that included the following: (1) Three votes would be considered a majority and that a maximum of five ballots could be taken. If no one person received a majority after five ballots, the mayor would appoint the fifth Councilmember. (2) Each Councilmember would select two persons for recommendation to the Council position and present his or her selections at the January 8, 1991 meeting. (3) The voting would take place on January 22, 1991. XI. NEW BUSINESS XII. ADJOURNMENT MOTION Harris moved adjourn at 11:00 p.m. Seconded by Pidcock. Motion approved 5-0. a �f a "I CAMERA OPERATOR'S CERTIFICATE. I hereby certify that the microphotographs appearing on this rot of film are true, accurate, and complete copies of the original records described below. Reproductions intended to serve as permanent records comply with standards established by the Minnesota Historical Society. AGENCY OF ORIGIN: CITY OF EDEN PRAIRIE RECORD SERIES: CITY COUNCIL MINUTES INCLUSIVE DATES/NOS: 1956 - 1990 ROLL 3 BEGINS WITH: 1986 ENDS WITH: 1990 i 1/26/94 DATE CAMERA OPERATOR'S SIGNATURE CMI CONCEPT 9LCRO 1MA GING WA-W ETONX4. MN PRODUCING LABORATORY CITY/STATE