Loading...
City Council - 04/02/1991 EDEN PRAIRIE CITY COUNCIL • .APPROVED MINUTES TIME: 7:30 PM Tuesday, April 2, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and H. Martin Jessen. 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, Richard Anderson, H. Martin Jessen, Patricia Pidcock Absent: Jean Harris PRESENTATION OF THE POLICE & FIRE DEPARTMENTAL COMMENDATION TO JOAN • JOHNSON A commendation was presented by Mayor Tenpas to Joan Johnson for her clear thinking, quick actions, and an outstanding lifesaving effort in administering CPR to a neighbor who was in cardiac arrest. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Anderson, to approve the agenda. Jullie requested that Item III.D. on the Consent Calendar, Award Contract for Portable Engine-Generator Set, I.C. 52-215 (Resolution No. 91-75) be continued to April 16. Jullie also requested the addition of Item X.B.2, Quality and Productivity Conference, and X.B.3, Quality Customer Service Consultant. Agenda approved as amended 4-0. II. MINUTES A. Special City Council Meeting held Tuesday, February 26, 1991. MOTION Jessen moved, seconded by Pidcock, to approve the Minutes of the • Special City Council Meeting held Tuesday, February 26, 1991. • City Council Minutes 2 April 2, 1991 Motion approved 4-0. B. g1 Council Meeting held Tuesday, March 19. 1991 MOTION Jessen moved, seconded by Pidcock, to approve City-Council Meeting Minutes of Tuesday, March 19, 1991. Motion approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. Release of Special Assessment Agreement between the City and Hestia Homes, Inc. for the Construction of Valley View Road through the Prairie Knolls Subdivision C. Award Contract for Street Sweeping, I.C. 52-222 (Resolution No. 91- 76) D. Award Contract for Portable Engine-Generator Set, I.C. 52-215 (Resolution No. 91-75) (Continued to April 16, 1991) • E. Authorize Mayor and City Manager to Execute Agreement and Restrictive Covenant for Each of 4 Properties Purchased through the Metropolitan Right-of-Way Acquisition Loan Fund F. TIMBER BLUFFS by Brown Land Company. 2nd Reading of Ordinance No. 50-88-PUD-14-88, Rezoning from Rural to PUD-14-88-R1-22 on approximately 4 acres, from Rural to PUD-14-88-41-44 on approximately 15 acres; Approval of Developer's Agreement; Adoption of Resolution No. 91-86, Authorizing Summary and Ordering Publication of Ordinance No. 50-88-PUD-14-88; 44.4 acres into 14 single family lots, and 2 outlots. Location: Southeast Eden Prairie, south of Riverview Road, west of County Road 18, and east of Huntington Drive. (Ordinance No. 50-88-PUD-14-88 - Rezoning; Resolution No. 91-86 - Authorizing Summary, Order Publication) G. Receive Petition and Order Feasibility Study for I.C. 52-189, Braxton Street and Utility Improvements (Resolution No. 91-85) MOTION Anderson moved, seconded by Pidcock, to approve the Consent Calendar as amended. Motion approved 4-0. • • City Council Minutes 3 April 2, 1991 IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications for I.C. 52-205 Street and Utility Improvements on Sunrise Circle Resolution No. 91-78. Jullie said notice of the Public Hearing was mailed to. property owners in the project area and published in the March 21 and March 28, 1991, issues of the Eden Prairie News. He also said a neighborhood meeting had been held on March 25, 1991, to inform property owners about the project details. Alan Gray, City Engineer, presented the details of the project with the use of maps and charts. He said the total cost for the street improvements and storm sewer was estimated at $219,614. This amount could be assessed to 28.15 units with $7,801 assessed to each unit of property. He pointed out that several properties had two units of scheduled assessments because it was believed the properties had subdivision potential. He said the cost for the sanitary sewer was estimated at $235,000, benefitting approximately 40 residential units. $589941 would be assessed to the Mason Homes property, making the unit rate • assessment for the remainder of the properties $4,417. Gray further stated that the cost for an outlet for the storm sewer was $46,680, which would mean a $1,167 assessment to each property unit. He said the total cost for the water main would be $100,184; $3,579 per unit assessment to 28 units. He also pointed out that there would be approximately $1,700 in additional fees to be paid to the City at the time connection to the water and sewer system plus $1,500-3,000 for a plumbing contractor to make the connection. He said plans for scheduling the project were as follows: (1) Plans prepared and available for Council approval by May 21; (2) Opening of bids approximately June 14; (3) Contract awarded approximately June 18; (4) Special Assessment Hearing held in the fall of 1991; (5) Hook-up to the system could be made in November, 1991; (6) Final completion of the project in 1992. He said this project would be merged with the Staring Lane project into one construction contract, with two separate divisions for accounting purposes. He pointed out the City share of the project would be $2,000 per unit because assessments to each of the homestead lots in the neighborhood would be $17,000, or $2,000 over the assessment cap for homestead property of $15,000. • Pat Hartell, 9140 W. Staring Lane Parkway, asked if the assessments would be deferred completely until the street was developed. Gray City Council Minutes 4 April 2, 1991 said that assessment, with interest, would be deferred until development. Hartell said she objected to the deferment with interest because there would not be any usage. She suggested that a hook-up fee would be more equitable. She would like consideration of her request because she was unable to develop her property until some of the other properties in the area were developed. Gray said other options could be considered at the time of the.final assessment hearing. Gerald Schwankl, 9090 W. Staring Lane Parkway, said he was not sure he would receive any benefit from the assessment because he would be paying assessments on four lots. He would prefer to see the, road installed on property lines. Dowain Lacourse, 15482 W. Sunrise Circle, said he did not believe his lot had potential for subdivision and for this reason objected to being identified with assessments for two units. There were no further comments from the audience. MOTION Jessen moved to close the public hearing and adopt Resolution No. • 91-78 Ordering the Improvements. Seconded by Pidcock. Motion approved 4-0. B. FAIRFIELD 1991 AMENDMENT by Centex Real Estate Corporation. Request for Zoning District Amendment within the 111-9.5 Zoning District on 23 acres; Adoption of Resolution No. 91-64, Planned Unit Development Concept Amendment on 118.2 acres; Planned Unit Development District Review with waivers on 23 acres; Adoption of Resolution No. 91-65, Preliminary Plat of 23 acres into 62 single family lots and road right-of-way to be known as Fairfield 1991 Amendment. Location: North of Stanley Trail, north of Candlewood Parkway (Ordinance No. 10-91-PUD-4-91 - Zoning District Amendment; Resolution No. 91-64 - PUD Concept Amendment; Resolution No. 91- 65 - Preliminary Plat) Jullie said notice for the public hearing was mailed to 27 property owners and published in the March 21, 1991 issue of the Eden Prairie News. Dan Blake, representing Centex Real Estate, explained the details of the project using maps and charts. He said the proposed plan was for 62 single-family, ordinance-standard lots. This was a change from the original plan approved in 1988 of 75 cluster lots and four ordinance-standard lots. He said the schedule would be to construct the southern part in the summer of 1991. • • City Council Minutes 5 April 2, 1991 Mike Franzen, Senior Planner, said the Planning Commission recommended approval of the plan on a unanimous vote at the March 11, 1991 meeting. Lambert said the Parks, Recreation and Natural Resources Commission voted to recommend approval of the plan on a 6-0 vote at its April 1, 1991 meeting. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and approve first reading of Ordinance No. 10-91-PUD-4-91 for Zoning District Amendment. Seconded by Anderson. Motion approved 4-0. MOTION Pidcock moved to Adopt Resolution No. 91-64 for PUD Concept Amendment, to Adopt Resolution No. 91-65 for approval of the Preliminary Plat, and direct staff to prepare a Development Agreement incorporating Commission and staff recommendations. Seconded by Anderson. Motion approved 4-0. • C. VACATION 91-04, Vacation of Drainaae and Utility Easements and Street Right-of-Way within an Undeveloped Portion of Bluffs West (Resolution No. 91-73) Jullie said this was the hearing for vacating an easement in Bluffs West subdivision and that notice of the public hearing had been properly mailed and published in the Eden Prairie News and mailed to persons with property interest in the area. The existing easements for this area had been replaced by the plat of the Village Knolls Project. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-73 to vacate the easements and rights-of-way. Seconded by Anderson. Motion approved 4-0. D. VACATION 88-01 RIGHT-OF-WAY VACATION FOR PART OF ONTARIO BOULEVARD (Resolution No. 91-74) Jullie said that this was a right-of-way vacation action because the right-of-way was no longer needed. Notice for the public hearing had been properly mailed and published in the Eden Prairie News. is There were no comments from the audience. • City Council Minutes 6 April 2, 1991 MOTION Anderson moved to close the public hearing and adopt Resolution No. 91-74 to vacate part of the Ontario Boulevard right-of-way. Seconded by Pidcock. Motion approved 4-0. V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Jessen, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. WELTER'S PURGATORY ACRES 6TH ADDITION by Peter Andrea Company. 2nd Reading of Ordinance No. 7-91, Zoning District Change from Rural to R1-13.5 on 10.95 acres with variances reviewed by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-82, Authorizing Summary and Ordering Publication • of Ordinance 7-91; 10.95 acres into 7 single-fa.inily lots, 1 outlot and road right-of-way to be known as Welter's Purgatory Acres 6th Addition. Location: North of Welter's Way and south of Sunnybrook Road. (Ordinance No. 7-91 - Zoning District Change; Resolution No. 91--82 - Authorizing Summary and Ordering Publication) Jallie said the trail connection situation had been reviewed at Council's request and that staff recommended the plan that had been reviewed in the packet. Lambert said the plan would require the developer to construct a trail through the dedicated outlot to the creek. He said this would be in the alignment for the future trail and it would be relatively simple to connect the trail to Homeward Hills Road at any time. MOTION Jessen moved to approve second reading and adopt Ordinance No. 71-91 for Zoning District Change; adopt Resolution No. 91-82 approving the Summary for Publication; and authorize execution of the Development Agreement. Seconded by Pidcock. Motion approved 4-0. B. 1st Reading of Ordinance No. 11-91 Regarding Dumping Household Refuse in Public Trash Receptacles • Jullie said this was an ordinance to make dumping of household waste in public trash receptacles a misdemeanor. City Council Minutes 7 April 2, 1991 MOTION Anderson moved, seconded by Pidcock, to approve First Reading of Ordinance No. 11-91. Motion approved 4-0. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Eden Prairie Chamber of Commerce Business Survey Jullie said this item concerned the Eden Prairie Chamber of Commerce's request for the City to assume the balance owing for the Chamber's business survey in the amount of $850 payable to Decision Resources, Inc. Jullie said the Chamber had stated it would reimburse the City at a future time for its portion of the survey. Pauly said that it was his understanding that the City had the obligation to pay the provider of the service and that the arrangement with the Chamber of Commerce was a subcontract. Therefore, the City had the primary responsibility to pay for the contract. He also said he believed it was appropriate for the City to request reimbursement from the Chamber of Commerce MOTION • Jessen moved, seconded by Pidcock, to pay Decision Resources, Inc. in the amount of $850 for surveys conducted of the business and residential communities in the City. Motion approved 4-0. MOTION Jessen moved to submit an official invoice for $3200 to the Chamber of Commerce, with notice that 6% interest would accrue on the unpaid balance per annum. Seconded by Pidcock. Motion approved 4-0. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS. .& COMMITTEES IX. APPOINTMENTS A. Human Rights & Services Commission - Appointment to fill two unexpired terms to 2/28/92 on the Human Rights & Services Commission MOTION After two ballots, Jessen moved to appoint Linda Senes and Dr. K. Ramakrishnan to fill the unexpired terms on the Human Rights and Services Commission. Seconded by Pidcock. Motion approved 4-0. • • City Council Minutes 8 April 2, 1991 X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of Ql Manager 1. Revenue Bond Fees Jullie referred to the information in the packet regarding the City$s charge of 1/8% for Revenue Bond fees. Jessen said that he believed that the fee should be consistent, whether it was new construction or refinancing. Anderson said he agreed with Jessen on this point. Tenpas said he viewed the fee as an additional tax because it was a revenue-producing fee that did not relate to actual costs involved in refinancing. He said he favored having no fee. MOTION Jessen moved, seconded by Anderson, to continue to charge the • 1/8 point fee on all new revenue bonds, whether for refinancing or new construction. Jessen and Anderson voted Aye. Pidcock and Tenpas voted Nay. Motion failed, 2-2. MOTION Tenpas moved that the City charge no fee. Seconded by Pidcock. Pidcock and Tenpas voted Aye. Jessen and Anderson voted Nay. Motion failed, 2-2. MOTION Pidcock moved to continue this item until the April 16, 1991 meeting. Seconded by Jessen. Motion approved 4-0. 1. Quality and Productivity Conference Jullie announced that he would be attending this conference on April 11-12 at the University of Wisconsin - Madison. 2. Quality Customer Service Consultant Jullie said he had met with Tom Buckner of St. Thomas about the issues of quality and productivity in the City. Jullie said that he and Buckner concluded that it would be helpful if Buckner spent • time interviewing department heads and staff regarding service opportunities, barriers to productivity, appropriate training. City Council Minutes 9 April 2, 1991 Jullie recommended beginning with a short-term contract with Buckner, not to exceed $3,000, to begin the interviewing process. Tenpas suggested beginning with a mission statement to refocus on the direction the City should be heading. He said he believed that Jullie should attend the conference on Quality and Productivity in Madison, Wisconsin as he had planned, before a consultant was hired to interview City staff. Jullie suggested waiting until the next Council meeting at which time he would be able to present a report on the Conference and a decision could be made at that time on hiring a consultant. There was Council agreement for proceeding in this manner. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Jessen moved, seconded by Anderson, to adjourn at 9:15 PM. Motion • approved 5-0. •