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City Council - 01/22/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, January 22, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, 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 Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL Present: Douglas Tenpas, H. Martin Jessen, Patricia Pidcock. Absent: Jean Harris. Richard Anderson arrived at 8 PM. SWEARING IN CEREMONY FOR COUNCILMEMBER H. MARTIN JESSEN • City Attorney Roger Pauly administered the oath of office to Councilmember H. Martin Jessen. PROCLAMATION FOR MARTIN LUTHER KING, JR. CELEBRATION ON FEBRUARY 3, 1991 (Resolution No. 91-21) Tenpas read Resolution No. 91-21 proclaiming February 3, 1991 as the day for the City to Commemorate Martin Luther King, Jr. Gail Leipold, member of the Human Rights and Services Commission, gave an overview and update of the February 3, 1991 celebration. MOTION Pidcock moved, seconded by Jessen, to adopt Resolution No. 91-21. Motion approved 3-0. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Jessen, to approve the agenda. • City Council Minutes 2 January 22, 1991 • Tenpas said he would like to add the following item under X.A. Councilmembers reports: (1) Planning Session. Jullie requested the addition of the following items under X.B. City Manager's Report: (2) Impacts of the Governor's Proposed Budget Cuts; (3) Military Leave Policy, Resolution No. 91-27 approving the modification of the City's Military Leave Policy Statement. Motion to approve the agenda as amended carried 3-0. II. MINUTES A. City Council Meeting held Tuesday, January 8, 1991 MOTION Pidcock moved, seconded by Tenpas, to approve the Minutes of the City Council Meeting held Tuesday, January 8, 1991. Pidcock noted that her name had appeared twice on the list of Councilmembers present and requested this be corrected. Minutes approved as amended 2-0-1 with Jessen abstaining. • B. Special City_ Council Meeting Held Wednesday, January 16, 1991 Pidcock moved, seconded by Tenpas, to approve the minutes of the Special City Council Meeting held Wednesday, January 16, 1991. Motion approved 2-0-1 with Jessen abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Personal Flotation Devices at City Beaches C. Training Requirements for Volunteer Drivers in Senior Transportation Program D. Recommended Increase in Donation for the Senior Transportation Program E. Tax Forfeited Lands (Resolution No. 91-24) F. Resolution No. 91-10 Proclaiming February 3-9, 1991 as National School Counseling Week G. Final Plat Approval of Donnay's Edenvale Addition (located north of Edenvale Boulevard and east of Lesley Lane) Resolution No. 91-20 • City Council Minutes 3 January 22, 1991 • H. Approval of Land Alternation Permit for Filling of Area Located at the Southwest Quadrant of Prairie Center Drive and T.H. 5 I. Authorization to Execute Agreement with Metropolitan Council - Authorizing Mayor and Manager to Execute Agreement to Acquire Outlot B, Red Rock Shores, Using Metropolitan Council Administered Right-of-Way Acquisition Loan Funds for TH 212 J. Request Hennepin County to Prepare Speed Study for Shady Oak Road between Flying Cloud Drive & CSAH 62 (Resolution No. 91-23) K. Aeration System Agreement for Red Rock Lake L. Application to the Minnesota Historical Society for: 1) Designation as a Certified Local Government and 2) a Certified Local Government Grant M. Appointment of Housing & Redevelopment Authority Members (Resolution No. 91-25) MOTION Pidcock moved, seconded by Jessen, to approve the Consent • Calendar. Motion approved 3-0. IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications for I.C. 52-212, Cedar Ridge Road and Corral Lane (Resolution No. 91-17) Jullie said notice for the public hearing was mailed to owners of affected properties. City Engineer Alan Gray presented the findings of the Feasibility Study. Estimated cost for street and drainage was $410,130; cost for water main improvements was $132,720; cost for Sanitary Sewer was $117,860; with the total cost for the project being $660,710. He said the preliminary assessment roll would be $19,386 for most lots in the area, but because of the City's limit on assessments of this type, the cost to each homestead parcel would be $15,000. Undeveloped properties would be assessed at the full front-foot assessment rate. City costs would be $89,600 for construction and engineering. The project was scheduled for plans to be available in early March, bids to be let in late March, contract awarded in early April, construction to begin in early spring of 1991, with final completion in August, 1992. Dietz pointed out that there was another City policy for exclusion from assessments for water and sewer for up to five years or until • connection if there was a working septic system on the property. He said $7,000 of the cost was attributable to water and sewer. City Council Minutes 4 January 22, 1991 • Jessen asked about the difference in the total assessment and the adjusted assessment in that the total assessments and the City's portion did not add up to the total cost of the project. Gray said that when assessment rates were developed a 9 percent administration fee was added, and a budget for interest during the construction period was also added. These two costs were not included in the assessments. Councilmember Anderson arrived at 8:00 PM. Gray called Council's attention to a letter from Randy Rannow, 15906 Cedar Ridge Road, expressing opposition to proceeding with the project at the present time. Bob Gibson, 15737 Cedar Ridge Road, asked how access to the area would be handled during construction. Gray answered that these problems would be worked out with the contractor during construction and some residents would not be able to drive up to their homes during construction, but every effort would be made to keep this time as short as possible. Pidcock suggested the Senior Center could be used for parking. Kent Barker, 15801 Cedar Ridge Road, asked if there would be extra • assessments if a lot were to be divided. Gray said there would be only another connection fee for utilities. Barker asked if the pathway at the cul-de-sac at the end of Corral Lake leading to the lake would be altered to be less than the 18-20 percent grade which exists at the present time. Gray said a sidewalk was proposed along the south side of Cedar Ridge Road following along the south side of Corral Lane. He said that the City would work to put in the best possible trail at this site but it was difficult because of the grade. Anderson said he believed this connection to Red Rock Lake was absolutely essential and it should be done in the best possible manner. Bob Gartner, 15701 Cedar Ridge Road, said he was concerned about the width of the road. He said that if the road were widened to 28 feet he would lose a 150-year old oak tree. He asked whether a narrower road could be considered. Gray said that a 28-foot road was preferred if possible, but possibly the alignment could be shifted in order to save trees. Clark Kube, 15909 Cedar Ridge Road, expressed concern about compensation for tree removal. He was also concerned about the elevation of the sewer and where he would be able to tie in to the sewer. Gray said that the City was attempting to hold the sewer elevation four feet below a basement elevation. Kube asked if everyone would be required to hook up to the sewer within five • years and was there a time limit for the hook-up. Gray said there was not a requirement to hook up to City utilities. Dietz said that City Council Minutes 5 January 22, 1991 • the City was under pressure to initiate a septic system inspection program. At the present time, however, the City's policy was that once the sewer was in the street, a septic system could not be repaired and the homeowner would be required to hook up to City utilities. Property owners would begin paying after five years whether or not hookup was made. He also stressed that the $15,000 assessment did not include bringing the system into a house. Dietz also said that there was approximately $1,500 in additional costs to be paid to the City to hook up to the sewer system. The plumbing cost to bring the system into a house averaged about $12-15 per foot. Thelma Frickey, 15610 Corral Lane, stressed the importance of keeping the footpath to the lake. She was also concerned about the placement of the cul-de-sac and said she was willing to work with everyone involved to find an acceptable arrangement. Al Krause, 15911 Cedar Ridge Road, said he was concerned about the stub-in of the sewer for the Lindeman property. He asked if this property could be serviced from County Road 4. He expressed concern about losing a hedge and trees if the sewer were to be installed on the property line. • Ed Martin, 15810 Cedar Ridge Road, spoke in favor of the project and said that he would favor a street which was narrower than the 28-foot street proposed. Kent Lindeman, 15901 Corral Lane, expressed concern about preserving trees and said he would favor a narrow street. Anderson said he would favor restricting parking to one side if the street were narrower than 28 feet. Pidcock she would favor consideration of a narrower street in order to save trees. Dietz said this would be possible but cautioned that changes from the street width standards should be qualified on a case-by-case basis. He recommended not less than a 25-foot width of the street, but preferred to stay with the standard. Jessen said he would favor consideration of a narrow street with a change of alignment to accommodate trees. There were no further comments from the audience. • City Council Minutes 6 January 22, 1991 • MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-17, installing a 25-foot wide street if at all possible in order to save the trees in the area. A 28-foot-wide road could be installed from County Road 4 to the entrance of Corral Lane per Gray's recommendation as there were no trees involved in this section of the roadway. Motion seconded by Anderson. Motion approved 4-0. B. Vacation No. 91-01 - Vacation of Part of a Drainage & Utility Easement on Lot 1, Block 3, Red Rock Lake First Addition (Resolution No. 91-18) Jullie said this hearing was properly noticed in the Eden Prairie News and was for the vacation of some excess drainage and utility easements in the Red Rock Lake First Addition. Dietz explained the impact of this vacation to the neighborhood by the use of a map, explaining the location of the easement to be vacated. There were no comments from the audience. • MOTION Anderson moved, seconded by Pidcock, to close the public hearing and to adopt Resolution No. 91-18. Motion approved 4-0. C. Vacation No. 91-01 - Vacation of Drainage & Utility Easements over Parts of Wilson Ridge and Wilson Ridge Second Addition (Resolution No. 91-19) Jullie said this item had been properly noticed and was for vacation of drainage and utility easements in the Wilson Ridge and Wilson Ridge Second Addition. There were no comments from the audience. MOTION Anderson moved that the public hearing be closed and that Resolution No. 91-19 be adopted. Seconded by Pidcock. Motion approved 4-0. V. PAYMENT OF CLAIMS Payment of claims approved with Jessen, Pidcock, Anderson and Tenpas all voting "AYE". • • City Council Minutes 7 January 22, 1991 VI. ORDINANCES AND RESOLUTIONS A. Amendment to Resolution No. 91-08, Regulating Fees and Charges for Business License Permits and Municipal Services Jullie said this related to that portion of the fee ordinance in regard to Industrial Revenue Bond charges by the City. Tenpas asked if the fee that the City was charging had any relationship to the administrative work involved in the project, and did it make sense to charge the 1/8 point one time, or did it make sense to charge it each time there was a restructuring or refinancing. Tenpas requested that this be continued until the nest Council meeting on February 5, 1991. Anderson said he would also like to find out what other cities were doing in this regard. MOTION Jessen moved, seconded by Pidcock, that this item be continued until February 5, 1991. Motion approved 4-0. VII. PETITIONS, REQUESTS & COMMUNICATIONS • A. Request from Lariat Companies, Inc. to Appeal Board of Appeals & Adjustments Denial of Variance Request Number 90-37 Jullie said this was a request to review a prior decision by the Board of Appeals and Adjustments regarding a variance request by the Lariat Company. Lariat was requesting a 26-inch variance within the front yard set-back for construction of a porch on a twin home property at 8776 Deerpath. The footings were in place, and on December 13, 1990, the Board of Appeals and Adjustments denied the request for a variance on a 3-2 vote. MOTION Jessen moved to grant the variance, seconded by Anderson. Motion approved 3-0-1 with Pidcock abstaining. VIII. REPORTS OF ADVISORY COMMISSIONS A. Waste Management Commission - Recommendation to Join Environmental Cities Coalition (Resolution No. 91-22) Jullie said that in December 1990 the Council asked that the Waste Management Commission review the City's potential membership in the Environmental Cities Coalition. The Waste Management Commission recommended that the City join with this Coalition and recommended that a Councilmember represent the City in this effort. • City Council Minutes 8 January 22, 1991 • Anderson asked when this Coalition met. Dawson said there was no firm meeting schedule at this time and that he believed they met every month or two. MOTION Jessen moved to adopt Resolution No. 91-022 and to nominate Anderson to represent the City on this Coalition, with an understanding that if there were a problem with meeting times for Anderson, an alternate Councilmember or a staff person would be asked to attend in his place. Motion seconded by Pidcock. Motion approved 4-0. IX. APPOINTMENTS 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) Continued from December 18, 1990 Jullie said there was a need to appoint a Councilmember and a citizen representative to the Southwest Metro Transit Commission. MOTION • Pidcock moved that Kevin Tritz be appointed for a three-year term to this Commission. Seconded by Anderson. Motion approved 4-0. MOTION Anderson moved, seconded by Jessen, that Pidcock be appointed as the Council representative to this Commission. Motion approved 4-0. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Planning Session Tenpas said he would like to set a time for a planning session. Anderson said he would like to bring in the information from the strategic planning session held in the spring of 1990. Date agreed upon was February 2, 1991, beginning at 9 AM. (After the meeting, it was rescheduled to January 29, 1991 at 7:30 p.m.) B. Report of City Manager 1. Fiscal Disparities Program Jullie said Hennepin County had been reviewing the Fiscal • Disparities Program and the City was the leading contributor on a per capita basis. The County was proposing that this was a high City Council Minutes 9 January 22, 1991 • priority item and that it would be making legislative initiatives for reform. The County was requesting communities to consider support of its efforts. MOTION Anderson moved adoption of Resolution No. 91-28 in support of Hennepin County's efforts to reform the fiscal disparities program. Seconded by Jessen. Anderson pointed out that many communities in suburban Hennepin County supported the reform. Jullie said fiscal disparities represented about 10 percent of the taxes paid by each property owner within Eden Prairie. Motion approved 4-0. 2. Impacts of Governor's Proposed Budget Cuts Jullie said the governor was suggesting reducing aid to communities by applying a formula of 2.05% times the total amount levied for property tax, or $265,000 in the case of the City. However, the City received only $25,000 in aid so this would be • the maximum the State could take away. The governor also was suggesting reducing by 6.5% the monies for transportation aid which would amount to $65,000 for the City. Jullie said the projection for the general fund budget at the end of 1990 would be at least $2.5 million so the general fund was in solid shape. Tenpas said that the League of Minnesota Cities, along with some other groups, was going to request that these cuts to local government not be made. Tenpas pointed out that the positions taken by the League of Minnesota Cities in relationship to taxes, revenue and distribution were not always in line with the City's interests. He encouraged that the Council be aware of what the League of Minnesota Cities was doing. 3. Military Leave Policy Resolution No. 91-27 Jullie said that State law required that leave-of-absence without pay be granted to persons called to active military duty, with the right of reinstatement to their former position or a position of like status and pay if available. The City's military leave complied with all the State standards, which were minimum requirements, and did not prohibit the City from exceeding them. Currently three City employees were reservists. Staff was recommending that the City continue the co-payment for dependent health insurance which was about $260 a month per person. Also staff • City Council Minutes 10 January 22, 1991 • recommended continued participation in the dental reimbursement for program for dependents; continued access for dependents to the City's Employee Assistance program; and credit for all time spent in active military duty for purposes of determining years of service with the City. Anderson said he would like to know what it would cost the City to pay the difference in the salary received from the City and that which was received from the military, and he would like the City consider making up the difference. Pauly said he believed there would be no statutory prohibition on such an arrangement. Tenpas and Jessen said they would favor paying this salary differential. MOTION Jessen moved the adoption of Resolution No. 91-27 with the addition of payment of the differential between City salary and military salary to any City employee called to active duty. Seconded by Pidcock. Motion approved 4-0. • C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks, Recreation and Natural Resources 1. Review of Draft Regional Recreation Open Space Development Guide/Policy Plan from the Metropolitan Council Lambert reviewed briefly the information in the packet and recommended adoption of the comments to the Draft Regional Recreation Open Space Development Guide/Policy Plan of the Metropolitan Council. He referred to the maps in the packet explaining the locations of the various trails. He said he also recommended that the City go on record as supporting development of Bryant Lake Park. Discussion was held on the best way to encourage the Park District to develop Bryant Lane Park. Lambert believed the first step would be to convince Hennepin Parks to consider Bryant Lake Park as a higher priority. After that the City could discuss the development of this area with the Metropolitan Council. Jessen said he believed the discussion should be with the Metropolitan Council because it was this body that wanted Eden Prairie to divest itself of this park; at the time it did not make sense for a small community to support a regional facility. • City Council Minutes 11 January 22, 1991 • Anderson suggested -getting support on this issue from Hopkins and Minnetonka. It MOTION Jessen moved to approve the comments to the Draft Regional Recreation and Open Space Development Guide/Policy Plan of the Metroplitan Council. Seconded by Pidcock. Tenpas requested that staff present recommendation by the February 5, 1991 Council meeting on the best way to deal with the Bryant Lake Park issue. Motion adopted 4-0. Jessen asked if anyone had a status report on the reuse of the Glen Lake Sanitarium Site. Jullie said that the County Board had decided to put the land .up for auction and not donate it to any of the cities. Jessen said he would like an update on this situation. F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS • XII. ADJOURNMENT MOTION Pidcock moved, seconded by Anderson, to adjourn and 9:45 PM. Motion approved 4-0. •