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City Council - 02/20/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCH TUESDAY, FEBRUARY 20, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCIL AIEM BERS: 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 Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL All members were present. PROCLAMATION PROCLAIIVIING EDEN PRAIRIE VARSITY DANCE TEAM RECOGNITION WEEK IN EDEN PRAIRIE, FEBRUARY 26-MARCH 1, 1996 Mayor Harris read the Proclamation proclaiming February 26 - March 1, 1996, as Eden Prairie Varsity Dance Team Recognition Week in Eden Prairie. She presented certificates to each member of the dance team. DONATION OF THREE AUTOMATIC EXTERNAL DEFIBRILLATOR FROM FAIRVIEW AUXILIARY, FAIRVIEW SOUTHDALE HOSPITAL MEDICAL STAFF, FAIRVIEW FOUNDATION, AND THE FAIRVIEW FOUNDATION ANESTHESIA FUND Mayor Harris welcomed representatives from Fairview Southdale Hospital who presented the City with a donation of three automatic external defibrillators to be used by our emergency responders. Representatives of the Police and Fire Departments accepted the donation on behalf of the City, and Mayor Harris presented a plaque to the Fairview representatives thanking them for their donation. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Case, to approve the agenda as published. Motion carried unanimously. II. OPEN PODIUM CITY COUNCIL MINUTES February 20, 1996 Page 2 A. CITY COUNCIL/STAFF WORKSHOP REGARDING NSP ISSUES HELD TUESDAY, FEBRUARY 6, 1996 B. CITY COUNCILMA MEETING HELD TUESDAY, FEBRUARY 6, 1996 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the City Council/Staff Workshop Regarding NSP Issues held Tuesday, February 6, 1996, and the minutes of the City Council/HRA Meeting held Tuesday, February 6, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERKS LICENSE NSE LIST B. 2ND READING OF ORDINANCE 4-96 AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS C. RESOLUTION 96-30 AMENDING RESOLUTION NO, 96-1, REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS D. 2ND READING OF ORDINANCE 5-96 AMENDING PARK USE ORDINANCE, CITY CODE SECTION 9.04 E. 2ND READING OF ORDINANCE 6-96 CHANGING STREET NAME OF OLD COUNTY ROAD 18 F. 2ND READING OF ORDINANCE 7-96 AMENDING CITY CODE CHAPTER 2, SECTIONS 2.100 2.16, 2.21 AND 2.29 RELATING TO BOARDS & COMIVIISSIONS G. SUNNYBROOK WOODS by Stephen J. Kroiss. 2nd Reading of Ordinance 8-96 for Zoning District Change from Rural to R1-13.5 on 4.0 acres; and Approval of a Developer's Agreement for Sunnybrook Woods by Stephen J. Kroiss. Location: North side of Sunnybrook Road. (Ordinance 8-96 for Zoning District Change) H. RESOLUTION 96-31 APPROVING PLANS AND SPECIFICATIONS FOR BIRCH ISLAND ACRES 2ND ADDITION FOR PUBLIC F"ROVEMENTS AND ORDERING ADVERTISEMENT FOR BIDS, I.C. 96-5396 I. APPROVAL OF RESOLUTION 96-32 AUTHORIZING THE SALE AND ISSUANCE OF MULTI-FAMILY HOUSING REVENUE REFUIyDIN BONDS IN THE AMOUNT OF$886,000 FOR OLYMPIC RIDGE PROTECT CITY COUNCIL MINUTES February 20, 1996 Page 3 Regarding the issuance of a liquor license to Fuddruckers, Inc., per item A, Pidcock said she assumed the issuance would be contingent upon receiving all of the proper paperwork. Jullie assured her that was true. MOTION: Tyra-Lukens moved, seconded by Pidcock to approve items A-I of the Consent Calendar. Motion carried unanimously. V. PUBLIC HE RINGSIMEETINGS A. ROGER'S CO DIERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. (Resolution for Comprehensive Guide Plan Change) Continued from February 6, 1996 Jullie noted this item was continued from the February 6, 1996 Council meeting. Roger Lindeman, representing proponent, presented their request for a Comprehensive Guide Plan Change on 1.91 acres from Industrial to Neighborhood Commercial. Enger said the Planning Commission reviewed this proposal at the January 8, 1996, meeting and recommended denial of the request on a vote of 7-0. The Commission noted the abundance of convenience gas stations in the area, and this project would impact the residential areas to the south. Ory Hein, 9135 Flying Cloud Drive, reviewed his letter outlining his concerns about the proposal, including the negative influence on home values of a 24-hour gas station in the neighborhood, the precedent such a variance would set, and the potential heavy traffic that would share his 350-foot driveway. Jim Simchuk, 9145 Flying Cloud Drive, said his property is directly across the driveway from the proposed site. He was concerned about the agreements made for the driveway access to this property, and thought N NDoT might have an interest in changing the configuration of the intersection if this project is approved. Lynn Eichman, representing Rogers Body Shop, said there are alternatives for the entrance, noting the City's long term plans show a city street to go into an undeveloped area to the east. He said there are, in fact, other commercial establishments located in that area. Pidcock asked what options would be available to them under the industrial zoning and whether they had looked into those options. Eichman said industrial is very difficult on this site. CITY COUNCIL MINUTES February 20, 1996 Page 4 Tyra-Lukens asked what zoning existed when the property was purchased. Eichman said it was rural but they requested industrial for the body shop they intended to build at the time of purchase. Mike O'Leary, 6697 Promontory Drive, thought a body shop on this site would also generate a lot of traffic, and a gas station at this location would serve the community better. MOTION: Pidcock moved, seconded by Case to close the Public Hearing. Motion carried unanimously. Case asked if we would be more inclined to consider this for commercial if the plan was for a retail store. Enger replied we probably would not because the Council and the Planning Commission have been trying to deal with land use along Highway 169 for 20 years to keep it from becoming a strip commercial highway. He reviewed the current businesses in the area, all of which were zoned industrial. Harris asked what kinds of development could be put in under industrial zoning. Enger said it could be used for office/showrooms, leaning towards very light industrial or high tech usage. Harris asked if the ravine is considered a natural transition zone. Enger said it could be, as could the future road; however, the ravine is significantly south of this site. He said we have a lot of experience recently with problems created when residential and commercial establishments share the same road. MOTION: Case moved, seconded by Tyra-Lukens, to direct Staff to prepare a Resolution with Findings for Denial of this project for Council action at the March 12, 1996, meeting. Case said, while his original thought was that this was an ideal location for a 24-hour gas station, he now has great concern about deviating from our two acre minimum. He was also concerned about having three gas stations in proximity. Tyra-Lukens expressed concern about the amount of traffic that would be generated by a gas station at this location. Hams was concerned about the lot size and the problems that would be created by additional traffic. She thought there are some alternatives that proponent can pursue without changing the zoning to commercial. Pidcock thought the traffic generated by a gas station would impact the residential driveways, and proponent does have some alternatives. VOTE ON THE MOTION: Motion carried unanimously. CITY COUNCIL MINUTES February 20, 1996 Page 5 B. BLUFFS EAST 16TH ADDITION - LOT 1, BLOCK 1 by Hustad Land Company. Request for Rezoning from RM-6.5 to R1-13.5 on 0.4 acres. Location: Franlo Road and Normandy Crest. (Ordinance for Rezoning from RM 6.5 to R1-13.5) Beth Simenstad, representing Hustad Development, reviewed their request for a Zoning District Change from RM-6.5 to R1-13.5 to build a single-family home instead of a twin-home unit. Enger said the Planning Commission recommended approval on a 6-0 vote at their February 12, 1996, meeting. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing and to approve 1st Reading of the Ordinance for Rezoning from RM 6.5 to R1-13.5 for Lot 1, Block 1, Bluffs East 16th Addition. Motion carried unanimously. C. SOUTHWEST METRO TRANSIT HUB by Southwest Metro Transit Commission. Request for Comprehensive Guide Plan Change from Public Open Space to Regional Commercial on 8.5 acres, PUD Concept Review on 22 acres, Zoning District Change from Rural to C-Reg-Ser on 8.5 acres and PUD District Review, Site Plan Review on 8.5 acres and Preliminary Plat of 22 acres into one lot. Location: South of Highway 5, north of Technology Drive and west of Prairie Center Drive. (Resolution 96-33 for Comprehensive Guide Plan Change, Resolution 96-34 for PUD Concept Review, Ordinance for Zoning District Change and PUD District Review, and Resolution 96-35 for Preliminary Plat) Kate Garwood and Kyle Williams, representing Southwest Metro Transit, reviewed the purpose of the development and the details of the project. Williams also reviewed the traffic patterns in the area that will occur during construction of the project. Enger said the Planning Commission reviewed the project at their January 22, 1996, meeting and recommended approval on a unanimous vote, subject to the recommendations of the January 19th Staff Report. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the proposal at their February 5, 1996, meeting and recommended approval on a 6-0 vote. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to adopt Resolution 96-33 for Comprehensive Guide Plan Change; to CITY COUNCIL MEWTES February 20, 1996 Page 6 adopt Resolution 96-34 approving the Planned Unit Development Concept Review for the Southwest Metro Transit Hub; to approve 1st Reading of the Ordinance for Zoning District Change and PUD District Review; to adopt Resolution 96-35 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. VACATION 96-02: SNOW FENCE EASEMENT AT 6509 FLYING CLOUD p$Iy� (Resolution 96-36) 7ullie noted this is a housekeeping item. Pidcock asked why the easement was there. 7ullie said the highway department was accustomed to putting up snowfence years ago, but they don't use it now that the area is developed. There were no comments from the audience. MOTION: Case moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution 96-36 vacating the snow fence easement at 6509 Flying Cloud Drive. Motion carried unanimously. VI. PAYMENT OF CLAIMS 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." VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 6, BY AMENDING SECTION 6.06, SUBD. 5, RELATING TO THE PLACEMENT OF SNOW OR ICE IN A PUBLIC RIGHT-OF WAY 7ullie said we have been experiencing growing numbers of problems with snow from commercial parking lots being dumped on City sidewalks. He said this ordinance will expand the existing code restriction to include any area within a public right-of-way. Pidcock asked about the penalty for violation of the ordinance. Rosow said it is a misdemeanor. Tyra-Lukens was concerned about the date of effectiveness for the amendment since many businesses have seasonal contracts for snow removal in place that may not be subject to change in order to accommodate the ordinance for this season. 7ullie said we would have to deal with a transition period for enforcement, and that CITY COUNCIL MINUTES February 20, 1996 Page 7 the ordinance would be effective upon 2nd Reading. MOTION: Case moved, seconded by Pidcock, to approve 1st Reading of the Ordinance amending Section 6.06, Subdivision 5, relating to placing snow or ice in a public right-of-way. Motion carried unanimously. VIII. PETITIONS,IFQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS SIONS A. Third Quarterly Report from Senior Issues Task Force Bette Anderson, Co-Chair of the Senior Issues Task Force, presented a report on recent activities of the Senior Issues Task Force. They have the demographic report nearly completed. The report will show a much increased senior population during the next ten years, and an explosion in the numbers of frail elderly by 2015. She noted the Metropolitan Area.Agency on Aging is considering coordinating with the Family Services Collaborative in order to provide whole community service. Pidcock thanked Anderson and the rest of the Task Force for their many hours of work. Hams thanked Anderson for her report. B. Preliminary Recommendations for Habitat for humanity Housing Project Dave Lindahl reported, as requested by the Council on January 16, 1996, the Housing, Transportation and Social Services Board (HTSSB) has reviewed the request from the Common Ground Church Consortium for the City to assist in finding a lot for the construction of an affordable single-family house in Eden Prairie by Twin Cities Habitat for Humanity. The staff agenda report of February 20th summarizes the recommendations from the HTSSB regarding how the City participates in developing affordable single family detached housing. Lindahl said the HTSSB members were concerned that we be sure to help low income people, or at least those who are at 80% of median income. They recommend setting aside$20,000430,000 for 1996 to be used to acquire or help to acquire a site. The funds could be used to help pay the assessment on tax-forfeit property. They recommend limiting the amount of subsidy to one family to $15,000. Lindahl said Rosow reviewed some of the issues regarding tax-forfeit property in his memorandum of February 13, 1996. We have not been able to determine the cost of acquisition from the county. We would acquire the property and deed it over to the non-profit agency. He cautioned we should be sensitive to where such a home is placed, and make sure that it will provide transition into an existing neighborhood. CITY COUNCIL MINUTES February 20, 1996 Page 8 MOTION: Thorfmnson moved, seconded by Pidcock, to adopt the recommendations of the Housing, Transportation and Social Services Board regarding City participation in developing affordable single-family detached housing. Motion carried unanimously. X. APPOINTMENTS A. ARTS CONMV ESSION-2 Appointments for terms commencing April 1, 1996 -March 31, 1999 Thorfmnson nominated Deb Campbell Potter. Case nominated Ann Birt. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the nominations and cast a unanimous ballot for Deb Campbell Potter and Ann Birt. Motion carried unanimously. B. BOARD OF ADAYSTMENTS & APPEALS-3 Appointments for 3-year terms commencing April 1, 1996-March 31, 1999 Pidcock nominated Del Dye. Tyra-Lukens nominated Louis Giglio. Case nominated Tim Nelson. MOTION: Case moved, seconded by Thorfmnson, to close the nominations and case a unanimous ballot for Del Dye, Louis Giglio, and Tim Nelson. Motion carried unanimously. C. ENVIRONMENTAL & WASTE MANAGEMENT CO SSION - 2 Appointments for 3-year terms commencing April 1, 1996-March 31, 1999 Thorfinnson nominated John Blankenship. Case nominated Sabina Kitts. Pidcock nominated Ellen Richard. MOTION: Tyra-Lukens moved, seconded by Case, to close the nominations. Motion carried unanimously. Following are the results of the written ballot: Blankenship--4 votes; Kitts--4 votes; Richard--2 votes. MOTION: Pidcock moved, seconded by Case, to cast a unanimous ballot for John Blankenship and Sabina Kitts. Motion carried unanimously. D. FLYING CLOUD AIRPORT ADVISORY COMMIS ION-2 Appointments (1 citizen representative and 1 Flying Cloud Business rep) for 3-year terms commencing April 1, 1996 - March 31, 1999 CITY COUNCIL MINUTES February 20, 1996 Page 9 Tyra-Lukens nominated Tom Heffelfinger as the Citizen Representative. Pidcock nominated Allen Nitchman as the Flying Cloud Business Representative. MOTION: Pidcock moved, seconded by Case, to close the nominations and cast a unanimous ballot for Tim Heffelfinger as the Citizen Representative and Allen Nitchman as the Flying Cloud Business Representative to the Flying Cloud Airport Advisory Commission. Motion carried unanimously. E. IMUTAGE PRESERVATION COMMIS ION- 2 Appointments for 3-year terms commencing April 11996-March 31, 1999 Case nominated Betty McMahon. Pidcock nominated James Mason. MOTION: Thorfinnson moved, seconded by Pidcock, to close the nominations and cast a unanimous ballot for Betty McMahon and James Mason. Motion carried unanimously. F. HUMAN RIGHTS & DIVERSITY COMMSSION - 2 Appointments for 3-year terms commencing April 1, 1996-March 31, 1999 Thorfinnson nominated Munna Yasiri. Case nominated Gloria Winans. Thorfinnson nominated Vladimir Kozyrev. Pidcock nominated Nancy Westby MOTION: Pidcock moved, seconded by Thorfinnson, to close the nominations. Motion carried unanimously. Following are the results of the written ballot: Gloria Winans--five votes; Munna Yasiri--five votes. MOTION: Pidcock moved, seconded by Thorfinnson, to cast a unanimous ballot for Gloria Winans and Munna Yasiri. Motion carried unanimously. G. PARKS, RECREATION & NATURAL RESOURCES CONIlVIISSION - 3 Appointments for 3-year terms commencing April 1, 1996-March 31, 1999 Tyra-Lukens nominated John Bell Wilson. Case nominated Claire Hilgeman. Thorfinnson nominated Richard Brown. MOTION: Thorfinnson moved, seconded by Case, to close the nominations and to cast a unanimous ballot for John Bell Wilson, Claire 11ilgeman, and Richard Brown. Motion carried unanimously. H. PLANNING COMMISSION- 2 Appointments for 3-year terms commencing April 1, 1996 - March 31, 1999 Tyra-Lukens nominated Bill Habicht. Case nominated Douglas Sandstad. Pidcock CITY COUNCIL.MINUTES February 20, 1996 Page 10 nominated Gretchen Schellhas, Bill Ford, and Bill Jackson. MOTION: Pidcock moved, seconded by Case, to close the nominations. Motion carried unanimously. Following are the results of the written ballot: Bill Habicht--4 votes; Douglas Sandstad--4 votes; Bill Ford--1 vote; Gretchen Schellhas--1 vote. MOTION: Thorfinnson moved, seconded by Case, to cast a unanimous ballot for Bill Habicht and Douglas Sandstad. Motion to cast a unanimous ballot failed on a 4-1 vote with Pidcock opposed. Bill Habicht and Douglas Sandstad were appointed to the Planning Commission for 3-year terms commencing April 1, 1996 to March 31, 1999. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set date for Annual Awards Banquet Jullie asked the Councilmembers to choose Wednesday, May 1 or Thursday, May 2 as the date for the Annual Awards Banquet. The consensus was to select Wednesday, May 1, 1996 as the date. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES 1. Concept Plan and Cost Estimate for Miller Park Skating Rink As outlined in the Staff Report of February 20, 1996, Lambert said Staff was not satisfied with the quality of the building that could be provided for the estimated budget. The architect was asked to revise the design to expand the building and the parking lot in order to provide a summer playground site. Those revisions resulted in an increase in cost from the original estimate of$150,000 to$235,000 for the current design. Lambert said the Parks Commission reviewed the project and recommended approval of the revised design and the $235,000 budget on a unanimous vote. MOTION: Case moved, seconded by Harris, to approve the concept design and the cost estimate of$235,000. Tyra-Lukens was concerned about a 150% increase over the original estimate and about the comment that these increased costs may indicate CITY COUNCIL MINUTES February 20, 1996 Page 11 similar increases for other buildings in this project. Lambert replied the $150,000 was a budget cost estimate for the purpose of developing five-year capital improvement projects and was not based on any specific program or building size. He said we need to use very durable materials that will withstand vandalism because the park is in a remote area and is screened from view. We also need a building constructed for heavy use and one that meets ADA requirements. So far we have spent $3.8 million on the park, and our efforts will be judged from the quality of the buildings there. We increased the size of the building and parking lot in order to accommodate our summer play program. The metal roof added $15,000 to the cost. Harris was not uncomfortable with the price increase because it would give us a low maintenance, multi-purpose building with parking. Case shared the concern about the cost increase; however, because this is one of three high use parks, he thought we should put money into this to ensure quality. Thorfinnson was concerned we will be spending cash park fees on this project, while we just recently turned down the purchase of some property in order not to spend cash park fees. Tyra-Lukens questioned what items increase the total to $235,000. Lambert said much of the increase comes with the additions that the City will do to enlarge the parking lot and construct the rink, and the cost of the asphalt. Tyra-Lukens said she thought we may have some alternatives and asked if we could cut expenses by not building the cupola. Lambert said the cupola is $5,000, and the main increase for the building is changing from a truss building to using steel beams. VOTE ON THE MOTION: Motion failed with Thorfinnson, Tyra-Lukens and Pidcock opposed. Thorfinnson said he thought we have to come up with a different design or find some way to cut this back. Lambert asked what figure we should cut it back to. Case suggested Staff and the Parks Commission review the prioritized list of cash park fee expenditures for the purpose of bringing the Council up to speed on how this proposed skating rink fits into the revised list of cash park fee future projects. Harris suggested Staff work with Councilmembers on a structured option list that would also consider the maintenance costs involved with the CITY COUNCIL MINUTES February 20, 1996 Page 12 options. Thorfinnson added we would need to see the present value cost of maintenance. Lambert said Staff will come back to the Council with what the different component costs will be within the building. 7ullie suggested Staff work with a subcommittee of the Council to address the concerns and return with recommendations. Harris appointed Thorfinnson and Tyra-Lukens to serve on the subcommittee. 2. Puck Lake Management Plan Lambert said the Council directed Staff to work with the DNR and the developer to see if there could be a public access designation on Duck Lake. After looking at two possible locations with the developer, it was determined that neither one was feasible. Duane Shodeen of the DNR has agreed to designate the City property as a public access if the City will pass an ordinance that would restrict use of Duck Lake to no motors. The DNR would also set aside some fish to restock the lake if we approve the public access and pass the no motors designation. Lambert said the Parks Commission recommended approval of this earlier this evening; however, we will have to have a Public Hearing and draft an ordinance for DNR approval. It will be a 90-day process at best. Tyra-Lukens asked if there will be a fishing pier on the City property. Lambert replied the DNR has a grant program to donate a certain number of piers each year. We could probably get one in 1997. Tyra-Lukens asked if there will be a problem with restricting use to no motors. Lambert said he thought there are two property owners on the lake that have electric motors; however, he did not think anyone would oppose this because of the benefit from DNR management. Case asked if the use of paddleboats would be a problem. Lambert said the DNR indicated those would not be a problem. Pidcock asked if the DNR provides fishing piers for rivers. Lambert said he was not aware of such a program, and they provide piers for lakes in the metropolitan area to encourage safe access for kids to fish. He said he would check on the issue of whether they provide them for rivers. Thorfinnson said this would help to alleviate the problem on Duck Lake Road with kids fishing along the road. CITY COUNCIL MINUTES February 20, 1996 Page 13 MOTION: Case moved, seconded by Thorfinnson, to approve the proposed Duck Lake Management Plan as recommended in the staff report of February 20, 1996. Motion carried unanimously. 3. Natural and Scenic Grant Program Lambert said in 1995 the City turned back a$50,000 grant we received for acquisition of the Peterson property because it was not enough incentive to pursue acquisition of the $280,000 property. As outlined in the Staff Report of February 20, 1996, the State Legislature is considering changing the maximum grant amount from $50,000 to $200,000 for the 1996 program. If the maximum amount is changed, we could now get$150,000 towards the purchase price. We would have to spend about$1,000 to get a current appraisal of the property in order to apply for the grant. MOTION: Pidcock moved, seconded by Tyra-Lukens, to authorize staff to apply for the 1996 Natural and Scenic Grant Program, per the recommendations of the staff report of February 20, 1996. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Bearpath Public Access Referring to the staff report of February 20, 1996, Enger said staff has had several meetings with Bearpath management and have developed the proposed regulations for public pedestrian and biking access to the private street system of Bearpath. The public would be considered guests of the Bearpath Homeowners Association and would register at the gatehouse. Access would be limited to daylight hours only, and visitors would be allowed to use the streets only, not the golf cart paths. MOTION: Pidcock moved, seconded by Tyra-Lukens, to grant consent to the proposed easement regulations for the Bearpath development public access, per the recommendations of the staff report of February 20, 1996. Motion carried unanimously. E. REPORT OF DIItECTOR OF PUBLIC WORKS Dietz said he wanted to begin with item 2 to accommodate those in the audience who were here for that item. 2. Storm Drainage Problems in the Westwind Addition of the Preserve (Continued from 12/19/95) CITY COUNCIL MINUTES February 20, 1996 Page 14 As outlined in the staff agenda report of February 20, 1996,Dietz said we are proposing this be a partnership process to deal with the drainage problems that exist. Evelyn Law, 10680 Lake Fall Drive, read a letter from the Preserve Association Board of Directors in which they stated that nothing the Preserve Association has done or fails to do contributes to the drainage problem that exists for the property owners. The Preserve Association is willing to grant permanent drainage easements across the property for improvements. The annual assessments provide for maintenance, and they could not assess on all 680 units for a drainage problem involving only a few units. Case asked to what extent this problem results from an inadequate storm water drainage infrastructure. Dietz replied some of the drainage ways have silted in. Case asked if there is precedent in other areas. Dietz said there is, and the concept of storm water utility funds could be used for this sort of project,but probably not as a top priority. Dietz said there should be some participation by property owners in the solution; therefore, staff suggested the 50% funding. This area is all privately owned, and the outlots and trails are owned by the Preserve Association. When the Preserve was developed 20 years ago design standards were not as rigorous as today's standards. Pidcock asked if we participated in solving the problems with the Association at Penny I U near Bent Tree. Dietz said he thought the regrading of the golf course may have resolved those problems. Jullie said he thought the City may have picked up part of that expense. Case asked if the mitigation would occur on the Dominick property or on the Association outlot. Dietz said the drain tile would be on Mr. Dominick's property. Case then asked if we would be setting a precedent by entering into a 50% funding agreement. Dietz thought funding split has the best chance of success. He showed the proposed project on a map of the area, and said the total cost for the project he described would be about$20,000. Case asked if there is federal money available for old properties to retrofit with drainage. Dietz said storm water utility fees have been used to deal with flooding and water quality,however,this is a difficult site to work with. Case liked the idea of the different parties participating in the cost. Leo Dominick, 8675 Westwind Circle, presented a letter summarizing the problems that he believed were not addressed by the staff report. He said those problems go beyond those described in the staff report and include storm sewer catch basins that do not have enough capacity and inadequate CITY COUNCIL MINUTES February 20, 1996 Page 15 storm drainage ditches in other areas.He said he represents 23 of the adjacent property owners. He said all of the property that would be involved in the project is on Preserve Association property or City property. Dietz was concerned doing the kind of work proposed may not solve Mr. Dominick's problems and suggested he may need to look at how the grading has been done around his home. Mr. Dominick said he has no problem with water coming in from the outside,however,three or four years ago a problem developed with water in his basement when there was water standing in the drainage ditch on the Association property. Dietz said dealing with the additional problems presented by Mr. Dominick would increase the cost estimate tremendously. Harris thought there was more than one problem involved in this issue, and we will not be able to resolve it all this evening. The central issues are a clear definition of the problems and how the solution would be paid for. We also need to determine what the true cost would be, and there are some policy issues involved. Dietz said further investigation would probably take more than two weeks. Case asked if we would be viewing this differently if the Preserve outlot area were owned by the City. Dietz said that was possible; however, we don't know what has been done, and a public trail might have been done differently. Case said he would like to have some information regarding precedent and the issue of culpability. MOTION: Pidcock moved, seconded by Case, to return this item to Staff for further study of the issues, including how this might look in different type of projects where the City owns the land and the impact on other areas that would have similar concerns, and to bring back a report as soon as possible. Motion carried unanimously. 1. Approval of Water, Sewer and Storm Water Utility Enterprise Budget for 1996 Dietz presented the highlights of the proposed 1996 Water, Sanitary Sewer and Storm Water Utility Enterprise budgets, as per the staff report of February 20, 1996. Thorfinnson said he would like to include the enterprise funds in our next budget workshop. Dietz said he would do that and would also provide projections. MOTION: Thorfinnson moved, seconded by Case, to approve the proposed CITY COUNCIL MINUTES February 20, 1996 Page 16 1996 Water, Sanitary Sewer and Storm Water Utility Enterprise Budgets, per the staff report of February 20, 1996, with the stipulation that these be included in future budget discussions. Motion carried unanimously. 3. Resolution 96-37 Authorizing Disposal of Tax Forfeited Land Referring to the staff report of February 20, 1996,Dietz reviewed the three parcels that are scheduled for tax forfeiture. Staff is recommending all three parcels be withheld from auction for up to one year so that we can develop a more detailed plan for them. MOTION: Pidcock moved, seconded by Case,to approve Resolution 96-37 authorizing the referenced parcels be withheld from auction for up to one year and classified as non-conservation land, as recommended in the staff report of February 20, 1996. Motion carried unanimously. F. REPORT OF CITY ATTORNEY G. DIRECTOR OF ASSESSING XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:35 p.m.