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City Council - 10/20/1992 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL •TUESDAY, OCTOBER 20, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCI AIVUBERS: 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, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Acting Mayor Anderson called the meeting to order at 7:30 p.m. Mayor Tenpas was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added Items X.A.I., Report on Hennepin County Social Services Commission Meeting and X.A.2..AAM Legislative Proposals. Pidcock added Items X.A.3..Report on Metropolitan Airports • Commission Meeting and Star Tribune Article of October 20, 1992. Jullie added Item X.B.I., Research on Weight Restrictions at Flying Cloud Airport and X.E.I., Status of Downtown Water Tower. MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. H. MINUTES A. Joint City Council/Parks, Recreation &Natural Resources Commission Meeting held Tuesday,, October 6, 1992 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the Joint City Council/Parks, Recreation&Natural Resources Commission meeting held Tuesday, October 6, 1992, as submitted. Motion carried unanimously. B. City Council Meeting held Tuesday. October 6. 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting of October 6, 1992, as submitted with the following correction: Page 6, first motion, delete the words "adopt 1st reading of Ordinance No. 39-92". Motion carried unanimously. 0111. CONSENT CALENDAR A. Clerk's License List City Council Minutes 2 October 20, 1992 B. General Fund Budget Status Report • C. Adjustment to Contract with Sterling Group, Inc. for City Hall Acquisition Services (Remove from Consent Calendar and addressed below separately.) D. Authorize Clean Water Partnership Grant Application and Designating Project Representativ, (Resolution No. 92-227) E. Final Plat Approval of Hidden Glen 5th Addition (located at the N.W. Corner of Barringto.° Drive and Dell Road (Resolution No. 92-231) F. Final Plat Approval of Eden Lake Townhomes (located south of Medcom Boulevard) (ResolutioK. No. 92-232) G. Approve Change Order No. 1 for Creek Knolls,Bluffs East 12th Addition and Valley View Roar Sidewalk, I.C. 52-194, 52-256, and 52-2421 H. Authorize Permit Application/Agreement for Pedestrian Bridge over Twin Cities and Westerr Railroad at CSAH 4 I. VICTORY LUTHERAN CHURCH by Victory Lutheran Church. 2nd Reading of Ordinance Nc- 9-92, Zoning District Change from R1-22 to Public on 6.6 acres and Zoning District Amendmer within the R1-22 District on 3.4 acres; Approval of Developer's Agreement for Victory Lrar, Church; Adoption of Resolution No. 92-210, Authorizing Summary of Ordinance No. 9MWanc Ordering Publication of Said Summary; and Adoption of Resolution No. 92-212, Approving Site Plan for Victory Lutheran Church. Location: East of Eden Prairie Road, west of Red Oak Drive ant. north of Bergen Drive. (Ordinance No. 9-92 - Zoning District Change from R1-22 to Public anr; Zoning District Amendment within the R1-22 District on 3.4 acres; Resolution No. 92-210 Authorizing Summary and Publication; and Resolution No. 92-212 - Site Plan Review) J. EDEN LAKE TOWNHOMES by Eden Lake Townhomes Partnership. 2nd Reading of Ordinanc No. 22-92, Rezoning from Rural to RM-6.5 on 8.7 acres; Approval of Developer's Agreement fu Eden Lake Townhomes; Adoption of Resolution No. 92-191, Authorizing Summary of Ordinance No 22-92 and Ordering Publication of Said Summary;and Adoption of Resolution No. 92-192, Approvin€ Site Plan for Eden Lake Townhomes. Location: South of Medcom Boulevard, East of the Eder Prairie Medical Building (Ordinance No. 22-92 - Rezoning to RM 6.5; Resolution No. 92-191 Authorizing Summary and Publication; Resolution No. 92-192 - Site Plan Review) K. Approval of Amendments to Kinder-Care Project Revenue Bond Documents L. Change Order No. 3 for Community Center Addition M. Recommendation to Accept Proposal to Sponsor Ice Arena Scoreboard N. 2nd Readings of Ordinance No. 41-92 and Ordinance No. 42-92 Relating to Com ensat foi Mayor and City Councihnembers. and Resolution No. 92-234, Authorizing Summ , fo: Publication (Removed from Consent Calendar and addressed.separately below.) City Council Minutes 3 October 20, 1992 • O. Resolution No. 92-235, Authorizing Summary for Publication of Ordinance No. 38-92 Relatinug to Name Change from Historical & Cultural Commission to Cultural Commission MOTION: Pidcock, moved, seconded by Hams, to approve Items A, B, D - M and O of the Consent Calendar. Motion carried unanimously. C. Adjustment to Contract with Sterling Group, Inc. for City Hall Acquisition Services Councilmembers discussed the contract adjustment in detail. A discussion regarding services for the future downtown development followed. Councilmembers concurred that several options should be made available for their consideration at such time as the downtown development services were required. MOTION: Harris moved, seconded by Anderson, to approve the proposed adjustments to the Sterling Group Services contract as presented. Motion failed on a 2-0-2 vote, with Pidcock and Jessen abstaining. The Council continued this item to the November 3, 1992, meeting. N. 2nd Readings of Ordinance No. 41-92 and Ordinance No. 42-92, Relating to Compensation for Mayor and City Councilmembers. and Resolution No. 92-234, Authorizing Summary for Publication • Councilmembers concurred that a correction was required to Ordinance #42-92 creating a maximum of$50.00 per day in per diem. MOTION: Harris moved, seconded by Pidcock, to adopt 2nd Readings of Ordinance No. 41-92 and Ordinance 42-92, as corrected, and to adopt Resolution 92-234, authorizing summary for publication. Motion carried on a 3-1-0 vote, with Jessen voting against. IV. PUBLIC HEARINGS/MEETINGS A. Special Assessment Hearing (Resolution No. 92-233) Gray explained the individual projects and adjustments to the assessment roll. I.C. 52-067 - Street Improvements on Rowland Road Written objections had been received from three parties: Willette (Parcel #02-116-22-14-0009 and #02-116-22-23-0002);McKee(Parcel#01-116-22-32-0011);and Interstate Diesel(Parcel#02-116-22- 14-0010). Two objections were noted from the proposed improvements to Rowland Road, I.C. 52- 067. Dietz explained that, wiht respect to the Willette and McKee parcels, it was City policy to allow deferments in situations involving retired persons on fixed incomes and that these costs would be applied to the cap of$15,000 for homestead properties with future assessments. The second objection was from Joseph Ruzic regarding the amount of assessment on his property at 6602 Rowland Road. • Donald J. Sorensen, an attorney representing Ruzic, reviewed concerns regarding the Po ro sed P assessment of the parcel. He compared the Ruzic parcel to several others within the same assessment City Council Minutes 4 October 20, 1992 area and asked detailed questions of Mr. Russell Smith regarding his appraisal of property on behalf of Ruzic. • Councilmembers discussed the information presented by Sorensen. Pauly advised that the City could review the values and consult an appraiser regarding the Ruzic parcel. MOTION: Harris moved, seconded by Pidcock, to continue to the hearing regarding the Ruzic parcel, #02-116-22-41-0020, to November 3, 1992. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve the special assessment roll for street improvements on Rowland Road, I.C. 52-067, with the exception of parcel #02-116-22-41-0020, owned by Joseph Ruzic. Motion carried unanimously. I.C. 52-126-Dell Road Street and Watermain Improvements -Hwy. 5 to Twilight Trail within Autumn Woods 4th Addition, The Ridge 2nd Addition, the Bedor Property, and Assembly of God Property Lee Armstrong, representing Eden Prairie Assembly of God Church, stated he was present to request continuance of the hearing regarding the church parcel. He stated that the church would be prepared with questions regarding the assessment by the next meeting. MOTION: Pidcock moved, seconded by Hams, to continue the hearing regarding the Eden Prairie Assembly of God Church parcel #07-116-22-43-0004 to November 3, 1992. Motion carried• unanimously. MOTION: Harris moved, seconded by Pidcock, to approve the special assessment roll for street and watermain improvements on Dell Road, I.C. 52-126, with the exception of parcel #07-116-22-43- 0004, owned by Assembly of God Church. Motion carried unanimously. I.C. 52-160 - Street and Utility Improvements on Dell Road from Cascade Drive to West 82nd Street There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to approve the special assessment roll for street and utility improvements on Dell Road, I.C. 52-160. Motion carried unanimously. I.C. 52-199 - Street and Utility Improvements on Wild Heron Point Dave Nelson, former owner of property in this area, questioned the engineering fees involved. Gray explained the basis for the fees and the services provided by the consulting engineering firm, noting that smaller projects often did have relatively high fees. However, the total unit cost for this particular project was actually lower than adjacent projects. MOTION: Harris moved, seconded by Jessen, to approve the special assessment roll for I.C. 52-199 for street and utility improvements on Wild Heron Point. Motion carried unanimously. • I.C. 52-199A - Street and Utility Improvements on Hawk High Court City Council Minutes 5 October 20, 1992 There were no comments from the audience. MOTION: lessen moved, seconded by Pidcock, to approve the special assessment roll for I.C. 52- 199A for street and utility improvements on Hawk High Court. Motion carried unanimously. I.C. 52-217- Street and Utility Improvements on Leona Road There were no comments from the audience. MOTION: Pidcock moved, seconded by lessen, to approve the special assessment roll for I.C. 52- 217 for street and utility improvements on Leona Road. Motion carried unanimously. I.C. 52-223 - Storm Sewer in Bluffs East 8th Addition There were no comments from the audience. MOTION: lessen moved, seconded by Harris, to approve the special assessment roll for I.C. 52-223 for storm sewer in Bluffs East 8th Addition. Motion carried unanimously. I.C. 52-224- Street, Storm Sewer, Sanitary Sewer and Watermain Improvements in the Bluffs .West 9th Addition There were no comments from the audience. MOTION: lessen moved, seconded by Harris, to approve the special assessment roll for I.C. 52-224 for street, storm sewer, sanitary sewer, and watermain improvements in Bluffs West 9th Addition. Motion carried unanimously. I.C. 52-225 - Utilities and Street construction in Cedar Ridge Estates 2nd Addition There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to approve the special assessment roll for I.C. 52- 225 for utilities and street construction in Cedar Ridge Estates 2nd Addition. Motion carried unanimously. I.C. 52-229 - Median Opening at Prairie Center Drive and Joiner Way There were no comments from the audience. MOTION: Pidcock moved, seconded by lessen, to approve the special assessment roll for I.C. 52- 229 for the median opening at Prairie Center Drive and Joiner Way. Motion carried unanimously. I.C. 52-243 - Utility and Street Improvements on Audobon Court • There were no comments from the audience. City Council Minutes 6 October 20, 1992 MOTION: Pidcock moved, seconded by Jessen, to approve the special assessment roll for I.C. 52. 243, utility and street improvements on Audobon Court. Motion carried unanimously. Supplemental Assessments Trunk Sewer and Water Exclusions One written objection had been received from Kate Laseski regarding I.C. 52-069 and I.C. 52-101. Staff responded to her issues and made recommendations regarding the specific situation. Lois Tobias, 9140 E. Sunrise Circle, Harvey Schmidt, 15480 E. Sunrise Circle, and Shirley Larson, 15380 W. Sunrise Circle, raised questions regarding improvements installed in their neighborhood. Staff explained the procedures to the residents. Schmidt said he had not received a notice regarding the assessment even though he had connected to utilities during the year. Staff was directed to research the assessment of the Schmidt parcel. Harvey Larson, 15380 W. Sunrise Circle, suggested that the language of the notices should be rewritten in a form people could understand more clearly. Council directed Staff to review the language prior to the next assessment hearing. Don Hedquist questioned why assessments were proposed on his property, a recent five-lot subdivision located north of Gerard Drive. Leroy Hedquist, 7030 Donley Lane, owner of one of the lots, also questioned the assessment on his parcel., MOTION: Harris moved, seconded by Pidcock, to continue the assessment hearing regarding th five-lot Hedquist subdivision, parcels #10-116-22-11-0042 through #10-116-22-11-0046, to th* November 3, 1992, meeting. Motion carried unanimously. Tamara Coument, 18591 Valley View Road, asked about the assessment on her parcel. Dietz explained that the parcel had previously been tax forfeited and in order to obtain the remaining amount of the assessment from the lot, the City was required to reassess the parcel for the unpaid portion. Dietz explained the adjustment proposed to the Laseski property as presented in the agenda packet materials. MOTION: Jessen moved, seconded by Harris, to approve the Supplemental special assessment roll as presented, with the exception of the Hedquist parcels, #10-116-22-11-0042 through#10-116-22-11- 0046. Motion carried unanimously. MOTION: Harris moved, seconded by Jessen, to close the public hearing and adopt Resolution No. 92-233, approving the special assessment rolls, with the exception of the following parcels: #02-116-22-41-0020 owned by Joseph Ruzic #07-116-22-43-0004 owned by Eden Prairie Assembly of God Church #10-116-22-11-0042 through #10-116-22-11-0046 owned by Don and Leroy Hedquist • Motion carried unanimously. City Council Minutes 7 October 20, 1992 •Acting Mayor Anderson declared a recess at 9:25 p.m.; the meeting was reconvened at 9:40 p.m. B. FAIRFIELD SOUTH by Centex Real Estate Corp. Request for Zoning District Change from Rural to R1-13.5 on 16.2 acres and from Rural to R1-9.5 on 26.6 acres and Preliminary Plat of 49.9 acres into 94 lots, 4 outlots and road right-of-way. Location: North of County Road 1, west of Braxton Drive. (Ordinance No. 40-92 - Rezoning from Rural to R1-13.5; and Resolution No. 92-230 - Preliminary Plat) Enger reported that the Planning Commission had recommended approval of the development at its meeting on September 28th; Lambert stated that the Parks, Recreation, and Natural Resources Commission had also recommended approval at its meeting. Dan Blake, Centex Homes, reviewed the features of the development proposal, stating that Centex had agreed to all Staff and commission recommendations. He noted that the details of the sanitary sewer construction needed to be worked out with Staff. Regarding sanitary sewer, questions were raised by Councilmembers as to whether the details could be worked out prior to their review of the developer's agreement and about the timing of construction for Braxton Drive connecting to the school. Complaints had been received from the neighborhood about the fact that there would be no direct access to the school or park through this area until Braxton Drive was complete. • Dietz said he expected the details about sanitary sewer to be worked out in plenty of time to be included in the developer's agreement. With respect to the extension of Braxton Drive connecting to the school, Dietz reported that the north portion of the road would be completed this Spring, making the connection to the school and park area. Councilmembers discussed the R1-9.5 District and whether the intent of providing "affordable housing" was being met in a development such as this. They also questioned why cluster homes were not being constructed as much today. Enger stated that a study prepared by Staff showed that, while the original intent to provide lower cost housing had not generally been met, a niche of housing not possible within the R1-13.5 District was now available in Eden Prairie, which added to the housing opportunities and diversity within the City. Enger said that 25% of the homes in Fairfield were sold to first-time homebuyers, but not necessarily to buyers in the low to moderate income brackets. Tom Boyce, President of Centex Homes, said that these buyers often added $20,000 in upgrades to the homes. He pointed out that buyers were able to purchase much more in a house at the current interest rates than was possible in the 1980's when interest rates were consistently in double digits. Enger stated that the Centex-type homes on R1-9.5 lots were still the most affordable home in Eden Prairie. He added that the Planning Commission commented that if this type of home was eliminated, it could push this first-time homebuyer out of the City. With respect to the cluster homes, Boyce explained that in 1983 16% of the homes sold by Centex • were cluster style homes. Since then, the City had raised its standards for cluster homes for a variety of reasons. Now there were requirements for parks, mailboxes, fences, setbacks, decks, and other such features, which did not exist in the early 19801s. Boyce said that while these were positive City Council Minutes 8 October 20, 1992 C changes in the cluster home neighborhood design, they also drove up prices of the units. It appeared th*, too, that the cluster home was no longer as popular as it was in the 1980's. Boyce noted that cluster homes first developed in the Westover subdivision were now turning over and becoming the new "starter" home in the City. Councilmembers discussed the difficulty in attracting starter, or affordable, housing to Eden Prairie. Boyce said he believed it would be necessary for the City to rethink the financial considerations involved, such as abating the assessments in such a development, providing for smaller lots, or building the parks, instead of having the developer responsible for such costs. Discussion continued regarding activities in other cities, such as the Edina program for second mortgages. Councilmembers discussed the development costs resulting from City requirements and how concessions might be made. The Council concluded that it would be worthwhile to set up a workshop on this specific issue in the future and directed Staff to coordinate the details, including investigating the programs in other cities. Ann Christoferson, 9235 Cedar Forest Road, asked about the connection to the school, the timing of the development, and the price range of the homes. Boyce responded that the connection to the school would be made with this development and that the homes would be under construction in the Spring. He added that the price range of the homes would be $130,000 to $220,000. Christoferson said she was also concerned that no additional access points would be allowed to County Road #1 (Pioneer Trail) as part of this development as she believed that traffic was already a concern on the curving portion of County Road #1. Staff pointed out that none had been approved. • MOTION: Harris moved, seconded by Pidcock, to: 1) Close the public hearing; 2) Approve first reading of Ordinance No. 40-92 for rezoning; 3) Adopt Resolution No. 92-230 for the preliminary plat; and 4) Direct Staff to prepare a developer's agreement incorporating Commission and Staff recommendations, including completion of the final details regarding sanitary sewer for the property. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, and Pidcock voting "aye." VI. ORDINANCES AND RESOLUTIONS 0 City Council Minutes 9 October 20, 1992 • VH. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request for Land Alteration Permit from Williams Brothers Pipeline to Perform Tree Clearing within the Pipeline Easement at Riley Creek/Pioneer Trail, and at the Minnesota River south of Riverview Drive As a matter of information, Staff explained that Williams Brothers Pipeline Company was planning to do work within its pipeline easement which would result in the removal of trees and other vegetation. With vegetation removed, leaks in the pipeline could be observed from aircraft. Tree removal would be necessary at Riley Creek/Pioneer Trail, and at the Minnesota River south of Riverview Drive. The Williams Brothers Pipeline Company staff had reduced easements in various parts of the City to avoid activity on private property. In addition, they had been making contact with residents in the vicinity of the pipeline to inform them of their activities. City Staff concluded that no permit was required as the disturbance anticipated was less than 10%, the threshold to require a land alteration permit or to have the Tree Preservation Ordinance take effect. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMY]PTEES IX. APPOINTMENTS • A. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to 2/28/94 (Continued from October 6, 1992) MOTION: Jessen moved, seconded by Harris, to appoint Corrine Lynch to the unexpired term on the Board of Appeals and Adjustments ending February 28, 1994. Motion carried unanimously. B. Appointment to fill vacancy on the Human Rights & Services Commission for a term to expire 2/28/95 MOTION: Jessen moved, seconded by Harris, to appoint Jim Biwer to the unexpired term on the Human Rights & Services Commission ending February 28, 1995. Motion carried unanimously. C. Appointment of Four (4) Members to the Human Rights Committee MOTION: Jessen moved, seconded by Harris, to appoint Richard C. Greig, Keith H. Halleland, Paul E. Rondeau, and William R. Tyler to the Human Rights Committee. Motion carried unanimously. D. Appointment of Four (4) Members to the Human Services Committee MOTION: Jessen moved, seconded by Harris, to appoint Peg DuBord, Susan M. Kamp, Dan Roselli, and Lawrence D. Schram to the Human Services Committee. Motion carried unanimously. • City Council Minutes 10 October 20, 1992 CE. Appointment of Youth/Student Representatives to Boards and Commissions • MOTION: lessen moved, seconded by Harris, to appoint the following students as the Youth/Student Representative to the City Boards and Commission: Lisa-Marie Gualtieri Planning Commission Adam J. Har u Parks, Recreation, and Natural Resources Commission Sara Heck Human Rights and Services Commission Tata A. Sheedy Human Rights and Services Commission Motion carried unanimously. X. REPORTS OF OFFICERS A. Reports of Councihnembers 1. Hennepin County Social Services Commission lessen reported on the orientation meeting he attended recently. He noted that changes in the budget for the organization appeared to be more focused on a community service orientation. 2. AMM Legislative Proposals lessen asked about Transportation Advisory Commission and its recent request for new meiT*. Dietz reported that he had served on the Commission for two years and recommended that there may be other agencies where the City would be better served. lessen raised questions about the proposed AMM Policy Statements for 1993. Councilmembers concurred that a City position on these issues should be submitted to the AMM and directed Staff to review the policies and report back to the Council. 3. Metropolitan Airports Commission (MAC) Meeting Pidcock reported that she attended the recent meeting of the Metropolitan Airports Commission and that the City's position regarding the Flying Cloud Airport Expansion was discussed. She reported that MAC overruled Eden Prairie's objections to fact that the City had not had an opportunity to review the proposal. She recommended that the City should be prepared to do whatever was needed with Metro Council and other representatives to make the City's position known. 4. Star Tribune Article of October 20, 1992 Regarding_Development in Eden Prairie and Other Suburbs Pidcock complimented Staff on the front-page article of the Star and Tribune regarding development in Eden Prairie and noted that she believed the City was represented well e Carticle. 0 City Council Minutes 11 October 20,,1992 ' r B. Report of City Manager ` 1. Research on Weight Restrictions at Flying Cloud Airport Steve Yerkes informed Staff that his research on Flying Cloud Airport had revealed documents that led him to believe that the Metropolitan Airports Commission had accepted certain conditions regarding weight restrictions on planes. Jullie said that Staff would review the information and report back to Council. C. Report of Director of Parks, Recreation & Natural Resource D. Report of Director of Planning E. Report of Director of Public Works 1. Status of Downtown Water Tower Dietz reported that Staff had investigated the ideas discussed regarding a "landmark" water tower in Downtown Eden Prairie. He stated that investigation into the possibility of paying for extra improvements via selling space on the tower to various antenna users had proven to be less lucrative that previously thought and recommended abandoning this part of the plan. Because of this, it would be possible to consider other locations within the Downtown area for the tower, including the recently purchased site on Eden Road, which would be a less expensive proposition for the City. Dietz noted that other basic features, such as the City logo, would be maintained as part of the tower design. F. Report of City Attorney G. Report of Finance Director XI. OTHER BUSINESS XII. ADJOURNMENT MOTION TO ADJOURN was made by Harris, seconded by Jessen. Acting Mayor Anderson adjourned the meeting at 10:25 p.m.