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City Council - 02/05/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, February 5, 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 All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Anderson, to approve the agenda. Tenpas requested the addition of one item under X.A. Councilmembers • Reports (2) Meeting with Tom Mosgaller on Quality Management. Jullie requested the addition of one item VI.B. Revised Military Leave Resolution, and X.B. Report of the City Manager: (3) Borchert-Ingersoll Bankruptcy Settlement. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meeting held Tuesday, January 22, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, January 22, 1991. Jessen noted two corrections on Page 4 of the minutes. In Paragraph 5, the first line regarding Kent Barker's statements should read "asked if there would be extra assessments....". The second correction was in the last sentence on Page 4 and should read "Gray said there was not a requirement...". Minutes approved as amended 4-0-1 with Harris abstaining. • City Council Minutes 2 February 5, 1991 • III. CONSENT CALENDAR A. Clerk's License List B. Resolution Authorizing Participation in the Minnesota Municipal Money Market Fund ("The 4M Fund") Resolution No. 91-26 C. Final Plat Approval of Jamestown (located south of T.H. 5 and west of Mitchell Lake) Resolution No. 91-36 D. Resolution Authorizing Submittal of an Application for the 1991 Hennepin County Municipal Source-Separated Recyclables Program (Resolution No. 91-29) MOTION Jessen moved, seconded by Harris, to approve the Consent Calendar. Motion approved 5-0. IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications. I.C. 52-160 (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. 91-40) Continued from 12/18/90 Jullie said staff had reviewed ways to make amendments to the project that would be more satisfactory to property owners. The new plans were reviewed with the property owners at a meeting on Friday, February 1. Dietz summarized the new plan for the new road which would be a 32-foot-wide collector street to be assessed on a front-foot basis with no area-wide assessments for the project. The estimated cost was $100 per front-foot. It was recommended that right-of-way be dedicated by property owners for the complete project. Dietz further stated that the plans called for a four-lane divided roadway on Dell Road and a two-lane roadway on Scenic Heights Road with turn lanes at intersections as appropriate. He said the proposed project would be completed in four phases. Phase One would be from Highway 5 to the Highway 212 corridor; Phase Two would be east to west on Scenic Heights Road; Phase Three would be to connect the two pieces; Phase Four would be to complete Dell Road south of Scenic Heights Road at some time in the future. He said the hope was that MnDOT would begin land acquisition in the Phase Three areas before construction began. • City Council Minutes 3 February 5, 1991 • Dietz suggested that the Feasibility Study be revised for Phases One through Three and mailed to property owners. He further suggested that the public hearing be continued to March 5, 1991 Council meeting. If the project were to be ordered at that time, it could be designed, bids requested, final assessment hearings held, and right- of-way secured prior to awarding the contract. For Phase 3 either MnDOT acquisition would be requested or the City could work through the Right-of-Way Acquisition Loan Fund Program. Harris asked if the cost to the City would be $1 million or if this would be an additional cost. Dietz said that the total project cost was approximately $6 million. Approximately half of the cost would be assessed and half would be the City's share, so the estimated cost to the City would be $3 million, or $1 million more than the original financing proposal. Tenpas said he was concerned that the landowners in the area would not be able to do anything with the land with this project pending. Dietz said that it would be a handicap for the landowner but the land acquisition would begin as soon as possible during Phase One, either through MnDOT acquisition or through the Right-Of-Way Acquisition Loan Fund. • Anderson asked whether a three-lane or four-lane road was better for the cost involved. He pointed out that Hennepin County has gone back to three-lane roads because it believed that three-lane roads could handle as much traffic safely as four-lane roads. Dietz said that this had not been investigated fully; however, he said that volumes in the 13-20,000 range would warrant a four-lane facility. Since the portion of the project Dell Road south of Scenic Heights Road was being delayed, designs of this portion had not been investigated at the present time. Dietz said that it was the turning movement that necessitated extra lanes and often a two-lane road was adequate if there were no accesses to the road. In the case of Dell Road south of Scenic Heights Road, the design needs would be investigated at a later date when more was known about Highway 212. Jessen asked if there would be landscaping in the divided roadway. Dietz said trees would be replaced as part of the Tree Replacement Policy. However, the center median would be 18 feet wide and too narrow for trees. Bill Gilk, 8485 Eden Prairie Road, said he would like to see work begin as soon as possible as he was unable to develop his property with the existing situation. He was in favor of the roadway but believed that the link between Phase One and Phase Two should not be delayed. He would like his property included either in Phase One or Phase Two. He also said he was interested in discussion of right- of-way dedication. He also asked that the assessment proposal be City Council Minutes 4 February 5, 1991 • reconsidered as the two roads were collector streets with no particular benefit to the abutting properties. Curt Delegard, 5410 Mt. Normandale Drive, Bloomington, representing the Delegard parcel, said since they no longer had potential buyers, they were not interested in any roadway through the Delegard property. Steven Wagner, 8430 Eden Prairie Road, said that he had been victimized by developers who assumed that surrounding landowners should share in the developmental costs. He asked that the Council: (1) Be certain what was assessed and what was levied against the properties; (2) Give consideration to property owners who had become caught in the developmental shuffle and to allow them to get out of the property and not be heavily taxed in the process; and (3) Consider rezoning so that if developers want a road put in, they would be required to purchase property for a fair market value from those persons not interested in development. Dan Blake, representing Centex Homes, expressed support for the project as presented. He requested that the Council work with Mr. Ruud and Mr. Wagner to build that section of the road in Phase 2. • Dick Feerick, an Eden Prairie resident, said that a development company was in the cancellation process on the Delegard property. He said he liked the plan for Phase One, but would like to see the connection between Phase One and Phase Two done as soon as possible. Harris said she would be comfortable with ordering the improvements and approving the concept. Tenpas said he would like to see the City be aggressive in the land acquisition. Dietz said he would prefer that MnDOT bought the land directly. He said it was difficult to speed the process for the Right- of-Way Acquisition Loan Fund. Tenpas said he would like to see staff explore ways to mitigate some of the problems the residents in this area were having because of the project. There were no further comments from the audience. MOTION Pidcock moved that this item be given concept approval and continued to the March 5, 1991 meeting. Seconded by Harris. Motion approved 5-0. • City Council Minutes 5 February 5, 1991 • B. KMSP CORPORATE HEADQUARTERS by Kraus Anderson Company. Request for a Planned Unit Development Concept Amendment to 109.68 acres; Planned Unit Development District Review on 5.63 acres with a waiver for a broadcast tower height of 120 feet; Zoning District Change from C-Reg to C-Reg-Ser on 5.63 acres with shoreland variances to be reviewed by the Board of Appeals; Site Plan Review on 5.63 acres; Preliminary Plat 7.2 acres into one lot and one outlot for construction of a 47,700 square foot building to be known as KMSP TV, Channel 9. Location: Northwest Quadrant of Viking Drive and Prairie Center Drive (Resolution No. 91-31 - District Change; Resolution No. 91-32 - Preliminary Plat) Jullie said notice for the public hearing was mailed to the owners of nine properties in the project area and published in the January 16, 1991 issue of the Eden Prairie News. Ron Krank of KKE Architects, representing the proponent reviewed the plans through the use of maps and drawings. He pointed out that the size of the building would be 47,000 square feet with the potential for 15,000 square feet of additional space. The parcel was 5.6 acres. The tower would be 120-feet high with four microwave dishes. • Stuart Swartz, General Manager of KMSP, expressed the company's desire to be part of the Eden Prairie community and thanked the City staff for the help and cooperation KMSP had received. Enger said the Planning Commission reviewed the proposal on January 14, 1991 and recommended approval subject to the staff report. The Planning Commission recommended approval of the latticework tower and the grant of a waiver from the City ordinance which specified only monopole towers; in this case it believed KMSP had met the criteria for granting the waiver. A waiver from the Ordinance will also be needed to proceed with Phase Two of the building which would be the extra 15,000 square feet mentioned previously. Enger also said that 1.2 acres on the site was an outlot which was being zoned for'commercial regional service with the proposal. There was no site plan for this 1.2 acres at the present time, and the recommendation of staff and Planning Commission was at the time there was an actual plan for that area, the plan would be brought through the City Site Plan Review process. Enger also said that KMSP would like the building completed by November 1, 1991. Therefore, the proponent would like as strong as an expression as possible at first reading as to the Council's approval of the project. • City Council Minutes 6 February 5, 1991 Lambert said the Parks, Recreation and Natural Resources Commission approved the recommendation on a 5-0 vote. Harris complimented the proponents and staff on a job well-done on this proposal. Tenpas asked Pauly if a letter of understanding could be written to the proponent stating that it was likely this project would proceed as planned. Pauly said he would be able to do that, stating in the letter that the proponent would be expected to comply with the conditions outlined in the staff report. Herb Margolis, account manager for the proponent, said the purpose for the letter was that the Board of Directors of United Television needed this assurance before they could purchase the property. There were no comments from the audience. MOTION Harris moved that the public hearing be close and that Resolution No. 91-71 for PUD Concept Amendment be approved. Seconded by Jessen. Motion approved 5-0. • MOTION Harris moved the approval of First Reading of Ordinance 4-91-PUD-1- 91 for Zoning. Seconded by Jessen. Motion approved 5-0. MOTION Harris moved adoption of Resolution No. 91-32 approving preliminary plat and direct staff to prepare a Development Agreement incorporating the Commission and Staff Recommended and a letter from the Mayor on behalf of the Council. Seconded by Jessen. Motion approved 5-0. C. AMOCO by Amoco Oil Company. Request for Planned Unit Development Concept Amendment on 21 acres; Planned Unit Development District Review on 21 acres with waivers; Zoning District Amendment and Site Plan Review within the Community Commercial District on 0.8 acres for construction of a gas station/food shop to be known as Amoco. Location: Southeast corner of Mitchell Road and Martin Drive (Resolution No. 91-34 - PUD Concept Amendment; and Ordinance No. 5-91-PUD-2-91 - Zoning District Amendment) Jullie said notice for this public hearing was mailed to 81 property owners in the project area and was published in the January 16, 1991 issue of the Eden Prairie News. • City Council Minutes 7 February 5, 1991 • John Bablock, representing Polk and Associate Architects, who had been retained by the Mitchell Five Group and Amoco Oil Company, explained the project with the use of drawings and maps. Enger said the Planning Commission reviewed this item at its January 14, 1991 meeting and recommended approval on a 5-0 vote subject to staff recommendations of January 11, 1991. Changes were summarized in a memo dated January 31, 1991. The Planning Commission recommended that independent signs for the gas station and food shop could be installed but that the signs be tied together in design for the entire shopping center. A detailed plan for this sign design would be required to be submitted prior to construction of the facility. Lambert said the Parks, Recreation and Natural Resources Commission approved the plan on February 4, 1991 on a 5-0 vote according to the staff report of January 11. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. • 91-34 for PUD Concept Amendment. Seconded by Anderson. Motion approved 5-0. MOTION Pidcock moved to approve first reading of Ordinance No. 5-91-PUD-2- 91 for Zoning District Amendment and direct staff to prepare a Development Agreement incorporating Commission and staff recommendations. Seconded by Anderson. Motion approved 5-0. D. IRRIGATION ORDINANCE by City of Eden Prairie. Request for amendment of City Code Chapter 11, Section 11.03, Subdivision 2.B and 3.G, entitled "District Standards" and "Screening and Landscaping" respectively, requiring the installation of landscaping irrigation systems as part of the issuance of a building permit in the following zoning districts; RM-6.5, RM-2.5, OFC, N-Com, C-Hwy, C-Reg, I-2, I-5, I-Gen. (Ordinance No. 2-91) Jullie said notice of this public hearing had been properly published in the Eden Prairie News. At Council's direction an ordinance had been drafted which would require in-ground irrigation systems in all zoning districts except single-family and public. He said the Planning Commission considered the proposal at the January 14, 1991 meeting and recommended that Council not approve the ordinance. • City Council Minutes 8 February 6, 1991 • Pidcock asked how the irritation systems would be affected by a water shortage and rationing. Dietz said that the goal was that everyone complied with the odd/even policy so there would be no water shortages, but it was easy to cheat on this policy. He said that because there was less wasted water with an irrigation system, perhaps this would be balanced out. In the long run, the extra number of facilities that would be affected by the ordinance would be limited. Anderson said he was in favor of a sprinkling system requirement because the City looked better when there was a watering system for berms and plantings. Jessen said even though sprinkling systems were more efficient than watering with hoses, he would like to consider looking at landscaping materials that would be drought-resistant and eliminate the need for sprinkling. Harris said she would like to continue the present policy without putting it into an ordinance, because she believed developers wished to keep their properties looking attractive and would be installing watering systems without being mandated to do so. • Tenpas asked what percentage of developers had complied with the present policy. Enger said they all had agreed to comply with the policy. Harris asked if it were possible to achieve the same end through the use of incentives such as reduction in the bonding. Enger said that with 100% compliance without an ordinance or incentive, he would question if either the ordinance or an incentive was necessary. Jessen said he would favor looking at incentives to encourage 100% compliance. Tom Robertson, 6963 Woodland Drive, a developer in the area, said his biggest opposition to the ordinance was that he believed this was a time when water sources were becoming more and more limited. He said he favored investigating landscaping plans that would not require sprinkling or irrigation. Char Johnson, President of the Eden Prairie Chamber of Commerce, said that the Developer's Forum supported the statements made by Tom Robertson. She was concerned that all the sprinkler systems would be managed correctly so they would not be on when it was raining, for example. This ordinance could conceivably result in more mandates. She urged the Council to support the decision of the Planning Commission. • City Council Minutes 9 February 5, 1991 • Jim Hawkins, 7289 Green Ridge Drive, he believed the question was what was required for a complete development. He said that where the City required berms or other designs that would replace natural water flow, it made sense that irrigation be in place. He said irrigation systems should be installed on a selective basis. Anderson said if the irrigation systems were not required, then it would be necessary to revise the plans for plantings on berms and other areas. Tenpas said he favored maintaining the present policy as long as it was working well. Harris said she would like to continue the present watering policy without an ordinance. There were no further comments from the audience. MOTION Pidcock moved to close the public hearing and accept the recommendation of the Planning Commission to not approve Ordinance • No. 2-91. Seconded by Harris. Motion approved 4-1 with Anderson voting nay. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Anderson, to approve the payment of claims. Payment of claims approved with Jessen, Pidcock, Harris, Anderson and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. Amendment to Resolution No. 91-08, Regulating Fees and Charges for Business License and Municipal Services (Continued from 1/22/91) f Jullie said the amendment relating to the fee resolution was the issue regarding the City's 1/8% charge on revenue bonds. He pointed out the research done with other communities as listed in the packet and said the City's charges were in line with what other communities were doing. Tenpas said he believed that the City's policy of charging the 1/8% fee at any time there was a refinancing was conceivably unfair because refinancing was very loosely defined. • • City Council Minutes 10 February 5, 1991 Pauly explained that prior to 1985 a fee was not charged, but at that time it was determined a fee should be charged, but only on projects commenced at that time. The only retroactive application occurred during a refinancing and that was the issue with this item. Jullie said the actual verbiage for charging the fee at the time of refinancing was not included in the ordinance, but the ordinance had been interpreted as if it had been included. Tenpas said he was concerned that this was only a revenue- producing fee and exceeded what the City required to administer the bond issue. Jullie said this was in fact a revenue source. Jessen asked what the total revenue to the City had been on all bonds subject to the 1/8% fee. Jullie said it was estimated to be $80,000. Harris suggested that the discussion on this issue should be continued in a workshop session. MOTION Pidcock moved to continue this item to an appropriate Council work • session. Seconded by Harris. Motion approved 5-0. B. Resolution Regarding Military Leave Policy (Resolution No. 91-27) Jullie said that staff suggestion was that the City would pay the salary differential between military pay and regular salary for any employee called to active duty be limited to the present war situation and that there be a one-year cap. MOTION Harris moved to adopt Resolution No. 91-27 as recommended by staff. Seconded by Jessen. Motion approved 5-0. VII. PETITIONS. REQUESTS & COMMUNICATIONS A. Agricultural Preserve Designation (Continued from December 18, 1990) Jullie said this item was continued from December 18, 1990 at which time Mr. Marshall and proponents of the Agriculture Preserve District requested an opportunity for the Council to take more time to review the questions and concerns. Since that time staff had prepared a memo which responded to Mr. Marshall's questions. Harris said that she favored leaving this property in a Green Acres status and providing a guarantee that the City would not purchase • the property. This would leave Mr. Marshall free to use his land as he was at the present time. City Council Minutes 11 February 5, 1991 • Anderson said he agreed with Harris and it was in the City's best interest to keep the land in Green Acres status. Tenpas said he favored making the land an Agricultural Preserve because this would protect Mr. Marshall for eight years. He questioned whether or not a guarantee, as suggested by Harris, would be binding on future Councils. Pauly said that he did not believe it would be possible to give an absolute commitment to a landowner that the land may not be acquired in the future either through condemnation or negotiation outside of the designation of Agricultural Preserve. Harris said that she was concerned that if other residents in the area voiced concerns about the apple orchard, or similar types of businesses in an area, the Council would not be in a position to address these concerns if the land were designated as an Agricultural Preserve. William Marshall, 17591 Pioneer Trail, explained his reasons for wanting his land designated as an Agricultural Preserve. He cited the Metropolitan Council's policy of protecting urban farmland from urban pressures, and to tax such property in a way similar to that used for farmlands in non-urban parts of the State. He encouraged the Council to designate his land as Agricultural Preserve. Pidcock asked Jullie if it would mean a tax loss to the City if the property were designated as an Agricultural Preserve. Jullie said that there would be a small amount but it was not significant. Enger said it would be a $22,800 loss to the City at the end of the eight-year period. Anderson asked how many other parcels in the community would be eligible for a similar change. Marshall said that property within the MUSA Line could be denied Agricultural Preserve Status for that reason alone. Since his property was outside the 10-year MUSA Line and he was looking for a tenure of eight years, it would not be setting a precedent for property inside the MUSA Line. Tenpas said that he believed Mr. Marshall's property conformed to all the requirements for Agricultural Preserve status. Harris said she didn't see that to be the question but rather was there benefit to taking this action now. After further discussion, it was agreed that the subject needed more study. City Council Minutes 12 February 5, 1991 MOTION Anderson moved to continue this item to a later date after a planning session on the Southwest area had been held. Seconded by Jessen. Motion approved 5-0. B. Presentation of Revised Flying Cloud Airport Noise Abatement Plan Gary Schmidt, representing the Metropolitan Airports Commission, gave the Council an update on the noise abatement plan for the Flying Cloud Airport. Specifically the changes had been to tighten up the enforcement procedure, add language to clarify the intent of the plan, and establish a specific complaint procedure to help the Airports Commission monitor the effectiveness of the plan. The plan would be brought to the next Council meeting on February 19, 1991, to request approval. Pidcock asked about the plans for monitoring the noise abatement plan. Schmidt said that monitoring would be done monthly from May-September. At other times of the year the monitoring would be done at least quarterly. Those would be brought back to the Flying Cloud Airport Advisory Commission. • David Brown, 9801 Spring Road, said he questioned the effectiveness of the system without some way of knowing peak hours, peak wind conditions or peak flight conditions. He encouraged a careful look at the monitoring system. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Report on City Hall Site Selection Tenpas reviewed the recommendations from Harris and himself for a City Hall site. He said they had decided to recommend the Purgatory Creek Park entrance site for the following reasons: (1) This site was in the generally desired area around the major business core of Eden Prairie. (2) The City already owned 5.47 acres on this site. He said he would like to designate this site for City Hall with the understanding that additional facilities could be incorporated in this area and additional acreage may be needed for the park. Mr. William Naegele, who owned adjacent properties had agreed to • make some acreage available. City Council Minutes 13 February 5, 1991 • He recommended a formal public comment process and a vote on this location at the February 19, 1991 Council Meeting. MOTION Anderson moved to accept the report and schedule the proposal for public discussion the site for City Hall for February 19, 1991. Seconded by Pidcock. Motion approved 5-0. 2. Scheduling of Meeting with Special Consultant Tenpas said that Tom Mosgaller, who was in charge of quality management for the City of Madison, Wisconsin, had indicated a willingness to speak to Council. Tenpas suggested that the Eden Prairie School District and Chamber of Commerce personnel also attend this meeting as well. Monday, March 4 or Monday, March 18 were suggested as possible dates, and Tenpas requested that staff coordinate these dates with the Chamber of Commerce and the School District. B. Report of City Manager • 1. Summary of January 29, 1991 City Council Workshop Jullie said that he had put together a summary of the issues identified at the January 29 workshop and put them into topic areas for future workshop sessions. If Council concurred, meetings would be set up along the formats outlined in the memo. The Council indicated its agreement with the outline. 2. News Media Information Jullie said that the Mayor had asked that this item be placed on the agenda for discussion as it relates to centralizing information from City staff which goes to the news media. He said that at the present time, staff from each department was authorized to talk with the news media and to explain certain factual and public data. The City Manager's office was to be advised whenever something was perceived to be very newsworthy or controversial. The policy had been to be very accessible to the news media and ready to share information. Staff had been cautioned to be careful to give only correct and factual information. It would be difficult to have one spokesperson for the City because of the multitude of projects and issues involved. Tenpas suggested restricting contact with the news media to department heads. Harris said she believed the policy that Jullie described was reasonable. On policy issues, she believed that the • City Manager or Councilmembers should be the City's spokespersons. • City Council Minutes 14 February 5, 1991 Anderson said that he did not want to put any censorship on any staff members; however, each person would be responsible for what he or she said. Lambert said that he would not be able to answer all the questions about his department as many of his staff were more knowledgeable than he was about specific programs. Tenpas said he was concerned that the information going to the media was factual and consistent. 3. Borchert-Ingersoll Bankruptcy Settlement Pauly said that the City's claim against the company had been for $33,000 and the decision had .been to pay unsecured creditors 12% to 14% of the claim, which would be $4,000 to $4,500 for the City's claim. Pauly recommended that this amount be accepted. MOTION Jessen moved, seconded by Pidcock, that the amount of $4,000- 4,500 be accepted as the bankruptcy settlement claim against Borchert-Ingersoll. Motion approved 5-0. • XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Pidcock moved, seconded by Anderson, to adjourn and 11:10 PM. Motion approved 5-0. •