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City Council - 11/07/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 7, 1995 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL MEMBERS: Mayor Jean Harris,Ronald Case,Patricia Pidcock,Ross Thorfinnson,Jr.and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Hams called the meeting to order at 8:00 p.m. All members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. County Road 1 Sneed Limit. Dietz added item XI.E.1. Update on Hennepin County Proposal Regarding Solid Waste Disposal. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 1995 Case said Page 11, Paragraph 2, Sentence 2, should be changed to "within ten feet of the rear and the side yard lot lines." MOTION: Pidcock moved, seconded by Thorfmnson, to approve the minutes of the City Council meeting held Tuesday, October 17, 1995, as submitted and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AUNUTES November 7, 1995 Page 2 B. ANDERSON LAKES COnDAERCIAL CENTER 3RD ADDITION Acceptance of formal withdrawal of Anderson Lakes Commercial Center 3rd Addition by 169 Anderson Lakes Corporation C. RESOLUTION 95-189 APPROVING FINAL PLAT OF FOREST HILLS 8TH ADDITION, located West of Baker Road and South of Theresa Place D. RESOLUTION 95-190 APPROVING FINAL PLAT OF AZTEC DRIVE ADDITION, located along the East Side of TH 169/212 E. AUTHORIZE MAYOR & CITY MANAGER TO COMPLETE NEGOTIATIONS AND EXECUTE DOCUMENTS FOR SALE OF PROPERTY TO MEDIA PLAY F. RESOLUTION 95-191 APPROVING A CERTIFICATE OF CORRECTION FOR SCHLAMPP'S WALNUT RIDGE G. RESOLUTION 95-192 APPROVING CONCURRENCE OF CSAH 18 DESIGNATION, I.C. 52-175 H. APPROVE SUPPLEMENTAL AGREEMENT NO. 2 FOR ADDITIONAL DESIGN AND CONSTRUCTION SERVICES TO TKDA FOR WORK ASSOCIATED WITH THE WELL HOUSE AND WATERMAIN CONSTRUCTION, I.C. 94-5356 and I.C. 94-5357 I. APPROVE CHANGE ORDER NO. 2 FOR INTERSECTION IMPROVEMENTS AT ANDERSON LAKES PARKWAY/PRESERVE BOULEVARD, I.C. 94-5349 J. 1ST AND 2ND READING OF ORDINANCE 36-95 FOR STREET NAME CHANGE FROM FOSSIL ROAD TO BOULDER POINTE ROAD K. 1ST AND 2ND READING OF ORDINANCE 37-95 FOR STREET NAME CHANGE FOR A PORTION OF CITY WEST PARKWAY TO OLD SHADY OAK ROAD L. RESOLUTION 95-193 RECEIVING 100% PETITION FOR INSTALLATION OF PUBLIC UTILITIES WITHIN PAFKO 2ND ADDITION AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS. I.C. 96-5396 M. REQUEST BY MARSHALL'S FOR A LAND ALTERATION PERMIT AT THE NORTHWEST CORNER OF PIONEER TRAIL AND COUNTY ROAD 4 MOTION: Pidcock moved, seconded by Thorfinnson, to approve items A - M of the Consent Calendar Motion carried unanimously. CITY COUNCIL MINUTES November 7, 1995 Page 3 V. PUBLIC HEARINGS/MEETINGS A. VALLEY PLACE OFFICE - PHASE H by Design I of Edina. Request for Zoning District Amendment in the Office Zoning District on 0.67 acres and Site Plan Review on 0.67 acres for a 6,400 sq. ft. office building. Location: 9973 Valley View Road (Ordinance for Zoning District Amendment in the Office Zoning District) Robert Davis, representing Design I, reviewed the proposal. Enger said the Planning Commission reviewed the project at their October 9, 1995, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of October 6, 1995. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve the 1st Reading of an Ordinance for Zoning District Amendment in the Office Zoning District; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. VACATION 95-08 Part of Drainage and Utility easements in Woodland Ponds of Eden Prairie (Resolution 95-194) City Manager Jullie said the engineering staff is recommending approval of this request for vacating an easement. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 95-194 for Vacation 95-08, vacating part of drainage and utility easements in Woodland Ponds of Eden Prairie. Motion carried unanimously. C. 1995 SPECIAL ASSESSMENT PUBLIC HEARING (Resolution 95-195) Continued from October 17, 1995 Jullie said there is some follow-up work with a couple of assessments remaining from the October 17th meeting. City Engineer Gray asked the Council to reconsider I.C. 52-067 in order to levy the assessment and defer it without interest. MOTION: Tyra-Lukens moved, seconded by Pidcock, to reconsider I.C. 52-067. Motion carried unanimously. CITY COUNCIL MMUTES November 7, 1995 Page 4 MOTION: Tyra-Lukens moved to approve I.C. 52-067 with the understanding the assessment relating to parcel PID 02-116-22-11-0002 be approved with the interest to be deferred until the property is developed. Motion died for lack of a second. Dietz said the total assessment is $33,430.04 against the property, $18,430.04 of which will be deferred. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve I.C. 52-067 with the understanding the $18,430.04 of deferred assessments on the Helen Pavelka property will be deferred until development. Motion carried unanimously. Gray said I.C. 93-5312 was continued at the October 17 meeting. Gray noted that Dr. Robert Wetmore objected to his assessment at that meeting. Staff received documentation from U.S. Homes that indicates there is an escrow account that will cover Dr. Wetmore's assessment. Gray said the storm sewer assessment included was a concern for Bearpath. Staff believes the assessments are consistent with the development agreement and the assessment agreement with Bearpath. John Vogelbacher, Project Manager for Bearpath, requested they be treated fairly regarding how the assessments for storm sewer and Dell Road are being charged. He said they paid for the portion of storm pipe through Dell Road and for oversizing. He stated about $40,000 of the assessment is for boulevard and median seeding and restoration on Dell Road; however, only $15,000 has been paid to the contractor of the project. He objected to being assessed for costs that were not paid and noted no portion of that cost is attributable to the over sizing of the road. He said they asked staff to have the City develop a landscape plan for all of Dell Road from Highway 5 to County Road 1 and have not seen any specifications for such improvements. Gray said he thought we can work with the developers to resolve the problems regarding landscaping for Dell Road and other areas in the City. Harris asked if we have any written agreement that relates to the landscaping. Gray replied we have no understanding in the development or assessment agreements; however, there were discussions between the two staffs regarding some type of proposal where we might put some upgraded landscaping into this contract. He said it was determined such an agreement might be unfair to others and it would be difficult to explain why this development had a special agreement regarding the landscaping maintenance. Gray said they have paid only $15,000 of the landscaping costs because the work has not been very acceptable to this point. What we assess Bearpath is a function of the assessment agreement, and we will determine a theoretical cost for a 32- foot roadway based on what would ordinarily be the full construction. CITY COUNCIL AMUTES November 7, 1995 Page 5 Dietz said we did promise to look at and develop a landscaping plan by year end for Dell Road from County Road 1 to the elevated water tank. He said we would review the plan with Bearpath and consider other things they would like. Hams asked if we would do this within the context of Gray's suggestion regarding a total plan for the City. Dietz replied it would probably be just Dell Road in order to complete it by year end. Gray said we had a well-defined corridor for the construction of Dell Road before Bearpath was developed. The developer of Bearpath needed to revise the corridor and needed an agreement with the landowner to the east, U.S. Homes, to revise the alignment of Dell Road. Gray described the agreement with U.S. Homes and Bearpath and said the storm sewer assessment is being split in accordance with the development agreement with U.S. Homes and Bearpath. Hams asked if U.S. Homes is bearing part of the cost. Gray said they are. Pidcock said a lot of other concessions were made to Bearpath. We have never been unfair to Bearpath, and to her the assessments seem very logical and fair. Vogelbacher said of the four locations of storm drainage that come off Dell Road, three come on to Bearpath and one to Dellwood. He said there is a gray area in the development agreement that indicates the cost of storm water is part of the street construction. They have improvements on the property that could be attributed to Dell Road costs. They object to the fact there were agreements made that affected the cost of the road They would like to get a credit for the public improvements that they put in that would be attributable to Dell Road. Pidcock said we allowed Bearpath to put in roads that were less than the size in similar developments in other parts of the City because they would be private roads. She was concerned about the City having to maintain them at some time in the future. Vogelbacher said he thought the landscaping issue is being dealt with. The contract price for a 72-foot roadway at $40,000 and he did not understand how it relates to a 32-foot roadway. Thorfinnson said the cost is an incremental cost for a 32-foot road. Tyra-Lukens said the original assessment agreement estimated the cost at$394,000 and the proposed assessment is $383,000. She asked what Vogelbacher saw as an appropriate adjustment. Vogelbacher said the cost of the storm sewer project attributed back to the Dell Road project was$26,000 to pay for the pipe that went from Dellwood to Dell Road. He said they paid for part of that pipe and they are asking for the same calculation on their property. Harris said there is a written agreement which deals with drainage and assessments that were agreed to by all parties. Vogelbacher said he didn't think there is anything in the developer's agreement that addresses these issues. It CITY COUNCIL MINUTES November 7, 1995 Page 6 discusses building NURP ponds but not the cost of piping. Gray stated the assessment agreement specifically says the storm sewer costs are to be assessed to the properties adjoining Dell Road. He said the development agreement relies on Exhibit B which is a drawing showing the storm sewer outlets and ponds. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-195 approving the assessments as proposed for I.C. 93- 5312, Dell Road Street and Utility Improvements to the subdivisions of Bearpath, Dellwood Estates, and Big Woods. Motion carried unanimously. VI. PAYMENT OF CLAIMS Harris questioned item 35733 to "Executive Director". 7ullie replied this is the payment for PERA and they have requested it be made out that way. MOTION: Pidcock moved, seconded by Thorfmnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VU. ORDINANCES AND RESOLUTIONS VIU. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SENIOR ISSUES TASK FORCE - 2nd Quarterly Report Bette Anderson presented the 2nd Quarterly Report of the Seniors Issues Task Force (SITF). They are identifying the demographics and the needs of the senior population in 2015 - 2020. They have looked at housing issues in terms of what types of housing will be needed. There will be a need for convenience centers within walking or short driving distance for residents of senior housing developments. They have concentrated on transportation issues for the frail elderly. The Housing, Transportation and Social Services Commission is planning a questionnaire survey of the community and has involved the SITF in the question preparation. Case said he was particularly impressed by the preliminary estimate that the senior age population will match or exceed the school age population by the year 2020. Harris noted that bringing parents to the area may increase the number of seniors. Pidcock asked how the Task Force is recommending the transportation for frail elderly be tackled. Anderson said new buses on Southwest Metro have lifts; however, there are some outstanding customer service issues with Southwest Metro. CITY COUNCIL. MINUTES November 7, 1995 Page 7 Case noted there are a lot of services out there, but we need a clearing house to coordinate activities. Thorfmson said the survey to be done by the HTSS Commission should help us move toward the point where we are determining what the needs are for human services. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. County Road 1 Speed Limit Case said he gets calls weekly on the 50 MPH speed limit on County Road 1. He asked Gene Dietz to review the process required to change the speed limit. Dietz said staff determined that we have had speed studies in 1991, 1992 and 1994 on County Road 1, and each time they came back with 50 MPH. He said they might consider a decrease to 45 MPH, based on the lower speed limits in neighboring communities. He suggested we put together a resolution for the next meeting that would request a speed analysis and set a speed consistent with speeds outside Eden Prairie for the same roadway. Tyra-Lukens asked if the entire roadway has to have the same speed limit. Dietz said the most recent study was for the entire roadway. Tyra-Lukens suggested limiting the study to the eastern portion if that would make it more likely to get a change. MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to draft a request for a speed evaluation on County Road 1 and return to the next Council meeting. Motion carried unanimously. B. REPORT OF CITY MANAGER 1. Family Services Collaborative Proposal Jullie reviewed the memo of October 7, 1995, describing the network of family support resource centers being proposed by the Family Services Collaborative (FSC) to increase access and simplify the process of linking families and children to needed support services. They are asking for a commitment of 120 hours of staff time to support Phase 1 of the study which goes through June 1, 1996. Tyra-Lukens asked if we will have a good evaluation of the services up to the point at which the evaluation proposed by the grant proposal occurs. CITY COUNCIL MEWTES November 7, 1995 Page 8 Thorfmnson said we had to submit the grant proposal before October 1 even though we were not at a point where every detail was defined; however, we will be in a position to make sure we can evaluate the services by next June. He added each participating community has a resource center with a central hub. We will be able to evaluate our resource center and how the network is working. Bette Anderson stated there will be two kinds of evaluation--evaluation of customer satisfaction with the services and evaluation of the FSC resource centers' meeting the goals of the community. She said we need to have a group establish our goals. Thorfinnson said there is already a substantial amount of staff time going into SHeRPA so there will not be much of a change as far as staff commitment is concerned. MOTION: Thorfinnson moved, seconded by Pidcock, to approve Eden Prairie's participation in Phase I (through June of 1996) of the implementation of the Family Services Collaborative, including approval of Eden Prairie's in-kind contribution of 120 hours of Staff time for Phase I implementation. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Art Center Lease Agreement Referring to the staff report of November 7, 1995, Jullie said we have received a letter of intent to enter into a purchase agreement for the old police department site at a price that is reasonably close to our asking price. Staff needs additional time to review the offer. Jullie asked the Council to authorize a contract with Sterling Group at a cost of$3,200 to review the offer and report back at the 2nd meeting of December with a recommendation for a counter offer and a final purchase agreement price. He said staff is continuing to work with the Staring Arts Group since the police department building will not be available. They have looked at the Riley/Jacques property and the Senior Center is available. Harris was pleased with the opportunity to sell the police station; however, she was concerned about how to maintain the momentum of the Staring Arts Group. Pidcock questioned the need to use the Sterling Group to review the offer. She thought staff has done a very good job of getting a potential buyer for the property. Enger said they see a role for a private group to assist in evaluating the proposal and to provide information in terms of the climate in the private market as well as a second check on the asking price for the property CITY COUNCIL AGENDA November 7, 1995 Page 9 Hams asked if additional responsibilities would change the contract. Enger said they would try to work within the amount and would suggest that the contract amount be worded to not exceed $3,200. MOTION: Pidcock moved, seconded by Case, to authorize staff to contract with the Sterling Group at a cost not to exceed $3,200 to review the purchase offer for the police department building. Motion carried unanimously. Pat Beckmann, representing the Staring Arts Group, said the Jacques property has some potential but it is quite restricted. It is a two story home with steep stairs and the location is off the beaten track. They would like something more centrally located. Case asked if they could use the out buildings. Beckmann said the barn is a great space but would take a tremendous amount of money to remodel for their use. Beckmann asked if it would be possible for the Staring Arts Center to purchase the Boyce house from the City without purchasing the property. Case asked if it is too late to stop the demolition of the building so we could address the idea of a temporary location for the arts group in the house. Jullie said we are under contract for the demolition which has been somewhat prolonged because of the asbestos located in the structure. Harris said she would have a concern about their using the house if there is a problem with asbestos. Harris was concerned the house has not had adequate maintenance. Case was concerned, if we can't let them have the Boyce property, we need to get serious about helping them find something else. Pidcock thought we should investigate their buying the building and see what the legal ramifications would be to the City of leasing the land to them. Harris was concerned it would remain a liability to the City and was not convinced the cost of restoration would be any cheaper for them than for the City. Harris asked staff to rigorously pursue a home for the Staring Arts Center and to come back in two weeks with options. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Resolution for Participation Under the Metropolitan Livable Communities Act Enger reviewed the proposed resolution authorizing our participation in CITY COUNCIL AGENDA November 7, 1995 Page 10 the Metropolitan Livable Communities Act for calendar year 1996. The resolution is conditioned to provide us an opportunity to "opt-out" if reasonable housing goals cannot be negotiated with the Metropolitan Council. It is centered around the concept that we will not be held accountable for those things that are out of our control. Enger met with four Met Council staff members last week and asked them not to saddle us with the numerical goals. Pidcock said she understood Habitat for Humanity is looking for a piece of property and asked if there is any property available for them. Enger said they have given some thought to Habitat's request and are looking into whether Hennepin County is willing to participate in the Livable Communities by making some tax forfeiture land available. MOTION: Pidcock moved, seconded by Thorfmnson,to adopt Resolution 95-196 approving City participation in the Metropolitan Livable Communities Act for 1996. Motion carried unanimously. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Update on Hennepin County Proposal Regarding Solid Waste Disposal Dietz said Hennepin County held a Public Hearing on this matter and will begin to charge for the disposal of solid waste. It will be a separate line item on the tax bill. The fee will be $28.50 for an average $150,000 house. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Case moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:25 p.m.