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City Council - 10/15/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, October 15, 1991 LOCATION: City Hall Council Chambers 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 MOTION Anderson moved, seconded by Pidcock, to approve the agenda. • Jullie requested the addition of Item X.B.2. Report of the City Manager, Appointments to South Hennepin Regional Planning Board; and X.B.3. Date for the next Council Workshop; and XI.A. Public Improvements for Bluffs East llth Addition. Harris requested the addition of two items under X.A. Report of Councilmembers: (1) Major Center Area Land Acquisition; (2) Flying Cloud Airport Expansion. Jessen requested the addition of (3) Bryant Lake Park Roadway. Agenda approved as amended 5-0. II. MINUTES A. Joint City Council/School Board meeting held Tuesday, September 17, 1991. MOTION Harris moved, second by Anderson, to approve the Joint City Council/School Board meeting minutes held Tuesday, September 17, 1991. Motion approved 5-0. • Eden Prairie 2 October 15, 1991 City Council Minutes Approved • B. Regular City Council meeting held Tuesday, September 17, 1991 MOTION Jessen moved, seconded by Pidcock, to approve the minutes of the Regular City Council meeting held Tuesday, September 17, 1991. Jessen requested that that on Page 1, Item II.A. Special City Council meeting held Tuesday, August 27, 1991, the second paragraph be corrected to read, "Jessen said that on page 3 of the Minutes, the first paragraph, Columbine Road should be changed to Regional Center Drive." Harris requested -the following addition to Page-11, the last sentence-- of the second paragraph: "and the issues raised by residents in their.presentation through Council deliberations." She also noted that in the fifth paragraph, the third line should read "part of the pilots but he believed that it was necessary to find a..." Motion to approve the Minutes as amended approved 5-0. C. Regular City Council meeting held Tuesday, October 1, 1991 MOTION • Pidcock moved, seconded by Jessen, to approve the Minutes of the Regular City Council meeting held Tuesday, October 1, 1991. Anderson requested a correction to Page 11, Item X.D.Z. Revisions to Riley Lake Park Plan. He requested the addition of two items: (K) Connections to the Railroad Trail. (L) A rest area on the City-owned land on the south shore of Riley Lake. Motion to approve the Minutes as amended approved 5-0. D. Notes of Eden Prairie Foundation Forum held Tuesday, October 8. 1991 MOTION Jessen moved, seconded by Harris, to approve the Notes of the Eden Prairie Foundation Forum held Tuesday, October 8, 1991. Motion approved 4-0-1 with Pidcock abstaining. III. CONSENT CALENDAR A. CLERK'S LICENSE LIST • Eden Prairie 3 October 15, 1991 • City Council Minutes Approved B. PRAIRIE COURT AMENDMENT by L. A. Donnay. Adoption of Resolution No. 91-229, denial of 2nd Reading of Ordinance No. 27-91, Zoning District Amendment within the Neighborhood Commercial Zoning District on 3.7 acres for the addition of a gas pump and canopy facility to the Prairie Court Shopping Center. Location: northeast corner of Wagner Way and County Road #4. (Resolution No. 91-229 - Denying 2nd Reading) C. I-494 CORRIDOR COMMISSION/COMSIS CONTRACT by City of Eden Prairie. Request for approval of contract between I-494 Corridor Commission and COMSIS for consultant services. D. APPROVAL OF FINAL PLAT OF HAWK HIGH RIDGE (located west of Bennett Place and south of Pioneer Trail) (Resolution No. 91-232) E. APPROVAL OF FINAL PLAT OF-BLUESTEM RIDGE 2ND ADDITION (located adjacent to Hawk High Ridge) (Resolution No. 91-233) F. APPROVAL OF FINAL PLAT OF BLUFFS WEST 10TH (located north of Bluestem Lane and east of Purgatory Creek) (Resolution No. 91-234) G. APPROVE CHANGE ORDER NO. 1 AND SPECIAL ASSESSMENT AGREEMENT • FOR HAWK HIGH RIDGE, I.C. 52-223, AND I.C. 52-199 H. APPROVE CHANGE ORDER NO. 1 FOR EDEN HILLS, I.C. 52-212 I. APPROVE CHANGE ORDER NO. 1 FOR 1991 SEAL COAT, I.C. 52-228 J. RESOLUTION NO. 91-236. AUTHORIZING THE REMOVAL OF A HAZARDOUS BUILDING K. RESOLUTION NO 91-239 AMENDING RESOLUTION NO 91-24 - AUTHORIZING DISPOSITION OF TAX FORFEITED LANDS L. RESOLUTION IDENTIFYING PROJECT REPRESENTATIVE AND AUTHORIZING CLEAN WATER PARTNERSHIP GRANT APPLICATION FOR A PHASE I DIAGNOSTIC/FEASIBILITY STUDY OF CHAIN OF LAKES (Resolution No. 91-238) M. SET JANUARY 19, 1992 AS THE DATE FOR THE THIRD ANNUAL MARTIN LUTHER KING, JR. EVENT - "CELEBRATING OUR DIVERSITY" MOTION Pidcock moved, seconded by Anderson, to approve the Consent Calendar. Pauly called Council attention to the amendment on Item III.B. and the revision in Paragraph A. • Consent calendar approved as amended 5-0. Eden Prairie 4 October 15, 1991 City Council Minutes Approved • IV. PUBLIC HEARINGS A. BLUFFS EAST 11TH ADDITION by Hustad Development Corporation. Request for Planned Unit Development District Review within the overall Bluff Country PUP on 4.23 acres with waivers for average lot width; Zoning District Change from Rural to R1-9.5 on 2.43 acres and R1-13.5 on 1.8 acres; Adoption of Resolution No. 91-230, Preliminary Plat of 4.23 acres into 12 single family lots and road right-of-way to be known as Bluffs East 11th Addition, Resolution No. 91-235, Approving Plans and Specifications for Street and Utility Easements, I.C. 52-243. Location: North of Bluff Road, west of Falcons Way. (Ordinance No. 28-91-PUD-9-91 - Zoning District Change; Resolution No. 91-230 - .Preliminary Plat, and Resolution No. 91-235 -- Approving Plans and Specifications for Street and Utility Easements) Jullie said notice of the public, hearing was mailed to property owners in the project area and published in the October 3, 1991 issue of Eden Prairie News. Wally Hustad, representing Hustad Development Corporation, described the project by the use of maps and drawings. The project consisted of 12 lots for single-family houses adjacent to the townhouse project which had been approved in 1990. He pointed out • that some of the lots in the subdivision were greater than 9,500 square feet but less than the 13,500 square feet required by City Code for low-density residential use. Enger said the Planning Commission reviewed the project at its September 9, 1991 meeting and recommended unanimous approval of the request for preliminary platting and rezoning, subject to staff recommendations as follows: (1) Prior to final plat approval the proponent shall (a) provide detailed storm water runoff, erosion control and utility plans for review by the City Engineer; (b) Provide detailed storm water runoff and erosion control plans for review by the Watershed District. (2) Prior to building permit issuance, proponent shall pay the appropriate cash park fee. Anderson asked what the cost of the houses would be on the 9,500 square-foot lots. Hustad said the builder anticipated the selling price would be $260,000, similar to the townhouses on the adjacent land. Anderson asked Enger what the intent of the 9.5 lot had been. Enger said the original intent was to provide a small lot for a smaller, less expensive house. Anderson said he was concerned that the intent of the 9.5 lot size was not being met by building $260,000 houses on them. Eden Prairie 5 October 15, 1991 • City Council Minutes Approved Hustad said that in this case the 9.5 lot size was an attempt to make a transition between the townhouses and the single-family houses with larger lots. He added that the single-family properties would be maintained by a homeowners association in the same manner that the townhouses were being maintained. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and approve first reading of Ordinance 28-91 PUD-9-91 for Zoning District Change. Seconded by Jessen. Motion approved 5-0. MOTION Pidcock moved to adopt Resolution No. 91-230 approving the preliminary plat and direct staff to prepare a development agreement incorporating Commission and staff recommendations; adopt Resolution No. 91-235 to prepare plans and specifications for street and utility improvements within the Bluffs East 11th Addition. • Anderson said that he believed Council should always question if the original intent of the 9.5 lot size was being met. Jessen asked if all the improvements would be assessed to the property involved regardless of the $15,000 cap on assessments. Dietz said that this was true as there were no existing homesteads in the subdivision. Motion approved 5-0. B. ISSUANCE OF $6,3200,000 IN HOUSING FINANCE BONDS FOR WINDSLOPE APARTMENTS (Resolution No. 91-237) Jullie said notice for the public hearing had been properly published. He said that a buyer had been found for these apartment buildings who would be willing to retain them as Section 8 government-subsidized housing. The prospective new owner had determined that improvements were necessary in the complex and was willing to invest $165,000 in the improvements. Enger introduced Dick Brustad and Linda Donaldson of Community Housing Development Corporation, the prospective new owner of the Windslope Apartments. He explained that the company planned to sell bonds to finance the purchase of the apartments and expected the interest rate to be somewhat less than 8%. He said the plan was to purchase the property from the present owners, pay the fees associated with the transaction, establish some new reserves for the property, and make needed improvements in the complex. • Eden Prairie 6 October 15, 1991 City Council Minutes Approved • Brustad explained that Community Housing Development Corporation was established specifically for the purpose of assisting in Section 8 projects. The present owner had expressed an interest in converting the complex to .market-rate housing. He said that the public purpose of Community Housing Development Corporation was to assure affordable housing by using the full term of the Section 8 contract.for 27..years. Enger said Briar Hill and Windslope Apartments were the only family housing of this type in the community. Anderson suggested that this situation should be investigated and more housing of this type considered for the future. There were no comments from the audience. MOTION Harris moved to close the Public Hearing and adopt Resolution No. 91-237 authorizing the issuance of $6,320,000 in Housing Finance Bonds for Windslope Apartments. Seconded by Pidcock. Motion approved 5-0. C. TRANSFER CDBG FUNDS by City of Eden Prairie. Adoption of • Resolution 91-232, Approve transfer of CDBG funds from Adaptive Recreation program to the Housing Rehabilitation Program. (Resolution No. 91-231 - Transfer of funds) Jullie explained that a public hearing was required whenever there was a transfer of CDBG funds. He said that $911.75 of these funds had been used for the Sign Language Interpreters Program for hearing-impaired individuals participating in adaptive recreation activities. Since there was a remaining balance of $4,128.25, it was recommended that $3,728.25 of this amount be transferred to the Housing,Rehabilitation Program. It was anticipated that only $400 more would be needed for the Sign Language Program for the remainder of 1991. There were no comments from the audience. MOTION Harris moved to close the public hearing and adopt of Resolution No. 91-231 approving the transfer of $3,728.25 in CDBG Funds from Adaptive Recreation Program to the Housing Rehabilitation Program. Seconded by Jessen. Motion approved 5-0. Eden Prairie 7 October 15, 1991 • City Council Minutes Approved V. PAYMENT OF CLAIMS MOTION Anderson moved, seconded by Pidcock, to approve payment of claims. Motion_.for payment of claims approved with Anderson, Harris, Pidcock, Jessen, and Tenpas all "AYE". VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS AND COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Major Center Area Land Acquisition • Harris said she had received a letter dated September 25, 1991 in regard to Major Center Area land acquisition, and she would like this item put on a future Council agenda. 2. Flying Cloud Airport Expansion Harris said that after reading and hearing the concerns of those residents who lived near Flying Cloud Airport, she would like Council strongly to consider a resolution opposing the airport expansion plans. Jullie said the process had been put on hold until a decision was reached on the waiver requested by MAC on the 500-foot runway expansion. Tenpas believed it was important for the community to know that Council was opposed to the expansion of the airport. However, he believed it would be a good decision to wait until MAC had received an answer on its request for the waiver. Anderson asked Pauly what would be an appropriate procedure in this matter. Pauly said that an opinion from the Attorney General had been requested as to the City's authority with respect to land use decisions and zoning. He suggested a formal resolution be deferred until it was known whether or not the • City had rezoning authority in this case. Eden Prairie 8 October 15, 1991 City Council Minutes Approved • 3. Bryant Lake Park Roadway Jessen said he had received a phone call from Sandra Landucci telling him that several Hennepin Parks District representatives and City Engineer Alan. Gray had responded to her request for a meeting about the problems with the entrance road, and that everyone had been very cooperative. B. REPORT OF CITY MANAGER 1. Proposed 1992 Budgets for Enterprise Activities Jullie called Council attention to the information in, the Council packets. .. MOTION Pidcock moved to continue this item until November 5, 1991. Seconded by Jessen. Motion approved 5-0. 2. South Hennepin Regional Planning Board Jullie said that it was necessary to appoint two representatives to the South Hennepin Regional Planning Board by November 15, 1991. He suggested that Council refer this matter to the Human Rights and Services Commission. He said one Council member was also requested to serve on this Board. Jessen agreed to represent the Council on this Board, and Council agreed to request the Human Rights and Services Commission to appoint the other two members. 3. Date for the Next Council Workshop Jullie suggested November 12, 1991 as a date for this Workshop. Council agreed to begin the meeting at 4 PM on this date at the Spring Hill Conference Center in Orono. C. REPORT OF DIRECTOR OF PLANNING 1. Revisions to Housing Rehabilitation Program (Continued from October 1, 1991) David Lindahl, Planner, explained the proposed revision as presented to the Human Rights and Services Commission as well as comments received from the Commission. The proposed changes were as follows: A. Repay the loans when the properties sell instead of letting them expire after ten years. • Eden Prairie 9 October 15, 1991 • City Council Minutes Approved B. Five percent simple interest would be charged on the loans so that the City could recover more than the principal on the loans, making more funds available to help more people. C. It was agreed to keep the income levels at 65% of metropolitan median since the average client served to date had an income of $15,000. Jessen asked how many applications there had been for the program. Lindahl estimated 25 or 30 applications had been processed since 1985. He said most people who apply receive some funds and to date, demand had not exceeded the supply of - Money. However, he anticipated that this would change as the City housing stock aged. He said that at the present time the City- receives $75,000 in CDBG funds annually. MOTION Jessen moved approval of the Revisions to the Housing Rehabilitation Program as presented. Seconded by Harris. Motion approved 5-0. 2. Future Use of Recovered Scattered Site Housing Funds Lindahl said that the City had received $21,000 from the sale of a scattered-site housing property. He said that because of changes in the law, these funds could be used in any way the City determined was appropriate. The Human Rights and Services Commission had recommended that Council designate the funds for future rental housing programs. He pointed out that the present waiting list for Windslope and Briar Hill apartments, the two Section 8 buildings in the City, was seven to ten years. The Commission had examined ways to use the funds to help low- income families with rental housing. It had also considered assisting, the most needy people on the waiting list for subsidized rental units by allowing them to live in market-rate units and providing money for a portion of the rent. He requested Council approval for staff to investigate further options and to designate the $21,000 for future rental housing programs. Anderson said he was concerned about the lack of low-income housing in community. Lindahl said there was no longer federal money available for low-income housing projects. He also said there were very few vehicles for the City to use as incentives to the private sector to build affordable housing. Anderson believed that costs of houses built on R1-9.5 size lots should be kept as low as possible as one step to remedy the problem of affordable housing in the City. Eden Prairie 10 October 15, 1991 City Council Minutes Approved • Harris expressed concern about the waiting list for Section 8 housing and asked if there were any programs available to help low-income people with rent. Lindahl said there were Section 8 certificates administered by the Metro HRA which were issued to allow people to live in market-rate buildings which had certain rent thresholds; however, the waiting list for the certificates was even.longer than the waiting list for the Section 8 apartment buildings. Harris asked if there were sufficient apartment vacancies to enable the City to assist people in renting market- rate housing. Lindahl said there had been a 7-10% vacancy rate in rental housing and he believed some arrangement would be possible. Harris also noted that the lack of low-cost housing in the City had resulted. in. Eden Prairie employers having difficulty attracting and`maintaining adequate labor forces. Pidcock said .she supported giving aid as necessary. She asked if TIF moneys could be used for housing. Pauly said it was possible to create an TIF District for an apartment project as it had been done in the past. He also suggested investigating the possibility of using the present development district because there were more funds available. Council agreed that staff should pursue options that would • address the problem of inadequate low-cost housing in the City. MOTION Jessen moved, seconded by Pidcock, that $21,000 received from the sale of the scattered-site housing property be designated for rental housing. Motion approved 5-0. D. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Staring Lake Amphitheater - Phase 1 Barbara Penning Cross, Park Planner, explained the details of the project. She said the amphitheater would be built on the stage with a 10-foot overhang. However, this plan would cost more because of the large footings required to stabilize the building. Cost estimates for the original building had been $17,000, but the new plan would cost $48,000. She said that the Historical and Cultural Commission, the Performing Arts Committee, and the Parks, Recreation and Natural Resources Commission had all agreed with the new concept. She requested Council approval to use the $17,000 to install some of the footings, electricity, and other basic needs for the building in • Eden Prairie 11 October 15, 1991 City Council Minutes Approved 1991 so that the performing season would not have to be interrupted for this work in 1992. The rest of cost could either be put on the list of City needs, or funds could be requested from service groups or other. interested persons. MOTION Anderson moved that the $17,000 be used as recommended for the Amphitheater structure in 1991. Seconded by Pidcock. Motion approved 5-0. 2. Request for Nature Trail for Forest Hills School Chris Erickson, a fourth grade teacher at Forest Hills School, explained the plans for this project which were to put a nature trail 'in the City-owned marsh area north of Forest Hills School for the students. He work would be done by students, parents, and other volunteers. Barbara Penning Cross said the Parks, Recreation and Natural Resources Department would approve the location of the trail and the type of construction that would be used. She also said the • City would approve of any additions to the trail such as signs or bridges. The City would follow through on any necessary Corps of Engineers or Watershed District permits. Chris Erickson was looking into available grants to finance the project. Anderson said he was enthusiastic about the project and if it went well, he would like to see more projects of this type. Jessen agreed, but said the City should investigate maintenance and liability costs. Harris also expressed concern that the costs could exceed the amount of the grants. However, she said she was in favor of the project. MOTION Jessen moved to approve the request for a Nature Trails for Forest Hills School pursuant to the report of the staff. Seconded by Pidcock. Motion approved 5-0. • Eden Prairie 12 October 15, 1991 • City Council Minutes Approved XI. OTHER BUSINESS A. Cul-De-Sac for Bluffs E. 11th Addition Dietz suggested that the cul-de-sac for Bluffs E. 11th Addition be included in the public improvement contract for either to the Cedar Ridge Second Addition or, the Eden Hills Subdivision project. He requested approval of a change order to one of these projects so that the cul-de-sac could be built in 1991. MOTION Jessen.moved, seconded by Pidcock, that the cul-de-sac .for Bluffs E. 11th Addition be 'included in the public improvement contract for either the Cedar Ridge" Second Addition or the Eden Hills Subdivision project. Motion approved 5-0. XII. ADJOURNMENT MOTION Jessen moved, seconded by Harris, to adjourn at 9:00 PM. Motion approved 5-0. • •