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City Council - 10/15/1996 APP D EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfmnson, 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 Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL All members were present. Mayor Harris recognized members of Boy Scout Troop 479 in the audience. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added items M.A.1. Review SACs and WAC& and XI.A.2s Recognition of Police Department. Case added item XI.A.3. Discussion Regarding Water and Air Quality at the Community Center Pool. Julie added item XI.B.1. October 22 Workshop. Harris added item XI.A.4. Appoint City Council Representative to Eden Prairie Crime Prevention Fund. MOTION: Pidcock moved, seconded by Thorfmnson, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM M. MrAITES A. JOINT CITY COUNCIL/ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION MEETING HELD TUESDAY, OCTOBER 1, 1996 Harris said page 4, paragraph 7, should be changed to add two sentences: "Over time expensive users voluntarily lowered their costs to those of their peers without coercion. No one wants to be a high-end user." Harris also noted her name was misspelled on page 4, paragraph 5. Case said page 4, paragraph 2, should be changed to "Dietz said we do put door hangers out and try to inform the public." CITY COUNCIL AGENDA October 151 1996 Page 2 MOTION: Case moved, seconded by Pidcock, to approve as published and amended the Minutes of the Joint City Council/Environmental & Waste Management Commission meeting held Tuesday, October 1, 1996. Motion carried 4-0-1, with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 1996 MOTION: Pidcock moved, seconded by Case, to approve the Minutes of the City Council meeting held Tuesday, October 1, 1996, as published. Motion carried 4-0-1, with Tyra-Lukens abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN HILLS TOWNHOMES by Zachman Development Corporation. 2nd Reading of Ordinance 44-96 for Zoning District Change from Rural to RM-6.5 on 5.18 acres, Adoption of Resolution 96-177 for Site Plan Review on 5.18 acres and Approval of a Developer's Agreement for Eden Hills Townhomes. Location: Franlo Road, west of Eden Commons Apartments, south of Lund's Center. (Ordinance 44-96 for Zoning District Change and Resolution 96-177 for Site Plan Review) C. RESOLUTION 96-178 APPROVING FINAL PLAT OF STARING LAKE- PULTE TOWNHOMES D. RESOLUTION 96-179 APPROVING FINAL PLAT FOR IMPACT MARKETING ADDITION (located at the Southwest Quadrant of Baker Road and West 62nd Street). E. APPROVAL OF LAND ALTERATION PERMIT FOR 9500 DELL ROAD F. APPROVE CHANGE ORDER NO. 1 FOR BIRCH ISLAND ACRES 2ND ADDITION, I.C. 96-5396 G. APPROVE INVESTMENT RETAINAGE AGREEMENT FOR WATER TREATMENT PLANT EXPANSION CONTRACT, I.C. 94-5350 Case asked that item C be pulled for separate discussion and approval. MOTION: Thorfinnson moved, seconded by Pidcock, to approve items A, B, and D-G of the Consent Calendar. Motion carried unanimously. Regarding item C, Case asked if it is okay that the language about the outlot states "intended to be dedicated". Dietz noted the staff memo recommends approval subject to several conditions, including receipt of a warranty deed for Outlot B. CITY COUNCIL AGENDA October 15, 1996 Page 3 MOTION: Thorfinnson moved, seconded by Pidcock, to approve item C of the Consent Calendar, subject to the recommendations of the Staff Report. Motion carried 4-1 with Tyra-Lukens opposed. V. PUBLIC HEARINGS/MEETINGS A. 1996 SPECIAL ASSESSMENT PUBLIC HEARING (Resolution 96-180) 7ullie said the official notice of this Public Hearing was published on September 26, 1996 in the Eden Prairie News and mailed to all property owners proposed to be assessed under each respective improvement. Staff held a meeting prior to the Council meeting for those with questions about the assessments. City Engineer Gray called attention to the revised memorandum with last minute changes to the Special Assessments. 1. I.C. 93-5334 Gray said this is an assessment for sanitary sewer improvements done as part of the County Road 62 construction project. The costs are no being passed along to the developer. There were no comments from the audience. 2. I.C. 96-5396 Gray said this assessment is for street and utility improvements that have been completed to Birch Island Acres 2nd Addition. There were no comments from the audience. 3. Structure Demolition at 8510 Franlo Road Gray said this was done on a Special Assessment agreement to assess the costs back to the property owner. There were no comments from the audience. 4. SUPPLEMENTALS I.C. 52-166 Trunk Exclusions and Lateral Exclusions Gray said these properties were previously assessed for streets. He noted that the grey-shaded items have been prepaid. There were no comments from the audience. CITY COUNCIL AGENDA October 15, 1996 Page 4 I.C. 52=203 Trunk Exclusions and Lateral Exclusions Gray said these properties are in the Staring Lane neighborhood. There were no comments from the audience. I.C. 52-205 Trunk Exclusions and Lateral Exclusions Gray said these properties are in the Sunrise Circle neighborhood. There were no comments from the audience. I.C. 52-212 Trunk Exclusions and Lateral Exclusions Gray said all but 12 of the properties in the Cedar Ridge Road/Corral Lane neighborhood have been previously assessed. There were no comments from the audience. Thorfinnson asked why PID 21-116-22-32-0003 is $7,139.42 when the others are all$7,073.41. Tyra-Lukens noted that PID 21-116-22-23-0003 is $220.00 while the others are $520.00. Gray said PID 21-116-22-23- 0003 should be $220.00, and he will check on PID 21-116-22-32-0003. I.C. 94-5360 Trunk Exclusions and Lateral Exclusions Gray said these properties in the Golden Ridge neighborhood have now connected so they are being assessed. There were no comments from the audience. Trunk Sewer & Water Gray said these trunk sewer and water assessments are for subdivision assessments and one business property. He said we have received a letter from Physical Electronics, the owner of a large parcel part of which was sold to Opus Corporation. The portion sold to Opus Corporation is part of this assessment, and Physical Electronics has sent a letter that reserves their right to appeal. There were no comments from the audience. City &Metro SAC, Special Assessment Agreement SAC/WAC, Storm Water Treatment Special Assessment Agreement, Storm Sewer Special Assessment Agreements and Special Assessment Agreement CITY COUNCIL AGENDA October 15, 1996 Page 5 There were no comments from the audience. Tax Forfeiture Gray said there was a special assessment agreement with Hustad Development that reassesses the tax forfeiture amount due from the American Lutheran Church 2nd Addition. There were no comments. Weed & Tall Grass, Connections Fees Harris asked if the assessment for weed and tall grass is used by the City to cut the weeds. Gray said we do not cut on a regular basis. There were no comments from the audience. MOTION: Case moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution 96-180 ordering the 1996 Special Assessments. Motion carried unanimously. Pidcock asked if the new owners of Rogers Homestead have been notified of the assessment for Connection Fees. Gray said notice goes to property owners of record. Since Hennepin County has not assigned PID numbers, this is only sent to the underlying property. B. TIRES PLUS by Tires Plus. Request for PUD Concept Amendment Review on 15 acres, PUD District Review on 1.15 acres, Zoning District Amendment in the Commercial Regional Service District on 1.15 acres and Site Plan Review on 1.15 acres. Location: Eden Road and Glen Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Continued from October 1, 1996 Jullie said the applicants for this project have withdrawn their proposal as per the attached letter of October 2, 1996. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing and to return the project plans to the proponent. Motion carried unanimously. C. REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR FOUNTAIN PLACE APARTMENTS PROTECT - PHASE I IN THE AMOUNT OF$20,900,000 (Resolution 96-181) CITY COUNCIL AGENDA October 15, 1996 Page 6 Jullie said the official notice of this Public Hearing was published on October 1, 1996 in the Minneapolis Star Tribune, and in the Eden Prairie News on October 10, 1996. As per the attached staff agenda report of October 15, 1996, the proposed Resolution will allow the reissuance of bonds for Phase I of the Fountain Place Apartments Project. The amendment will include an interest rate which floats with an index and extends the maturity to December 1, 2018. In addition, the owners of the project have agreed to accept Section 8 vouchers for up to 10% of the 490 units. Pidcock asked how many Section 8 vouchers they have agreed to. Jullie said 10% of the 490 units, or 49 units. Case noted the wording says up to 10% and asked if that would allow them to not have 10%. Harris said because it is voluntary they might not be able to get 10%. Rosow said there is an agreement being drafted that states they must accept a maximum of 10%. Pidcock noted they had a meeting of the Work Force group, an outgrowth of the Reverse Commute group from Southwest Metro, and discussed the need for the City to target scattered site housing and more moderately priced housing for employees in the various business neighborhoods. A representative of Capital Apartment Properties, Inc., was available to answer any questions regarding this item and the next one. In regard to Section 8, he said it is their intent to do their best to get to the 10% number. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution 96-181 approving reissuance of Multifamily Housing Revenue Bonds for Fountain Place Apartments Project Phase 1 in the amount of$20,900,000. Motion carried unanimously. Tyra-Lukens asked if we are to give staff direction on the issue of TEFRA hearings. Rosow said there are many projects with refinancing involved where it would be more appropriate for staff members to conduct the hearings. MOTION: Tyra-Lukens moved, seconded by Pidcock, to direct that TEFRA hearings for refinancing projects be convened by City staff. Motion carried unanimously. D. REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR FOUNTAIN PLACE APARTMENTS PROTECT - PHASE U IN THE AMOUNT OF$12,600" (Resolution 96-182) Jullie said the official notice of this Public Hearing was published on October 1, 1996 in the Minneapolis Star Tribune, and the Eden Prairie News on October 10, 1996. As per the attached staff agenda report of October 15, 1996, the proposed CITY COUNCIL AGENDA October 15, 1996 Page 7 Resolution will allow the reissuance of bonds for Phase II of the Fountain Place Apartments Project. The amendment will include an interest rate which floats with an index and extends the maturity to December 1, 2018. In addition, the owners of the project have agreed to accept Section 8 vouchers for up to 10% of the 490 units. Rosow distributed a replacement resolution with a minor change in the resolution. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution 96-182 approving reissuance of Multifamily Housing Revenue Bonds for Fountain Place Apartments Project Phase II in the amount of$12,600,000. Motion carried unanimously. E. VACATION 96-07; VACATION OF DRAINAGE AND UTILITY EASEMENT IN RESEARCH FARM 3R12 ADDITION (Resolution 96-183) Jullie said this utility easement is no longer needed because the existing utilities are being relocated, per the approved plat of the Staring Lake Townhomes. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 96-183 vacating the drainage and utility easements in Research Farm 3rd Addition as described. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, 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 VH1. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOT_VI MENTS A. APPOINTMENT OF STUDENT/YOUTH MEMBERS TO COMMISSIONS MOTION: Tyra-Lukens moved, seconded by Pidcock, to reappoint John Katzung to the Heritage Preservation Commission and Cory Knudtson to the Human Rights CITY COUNCIL AGENDA October 15, 1996 Page 8 &Diversity Commission for one additional term each; and to appoint Eric Formico to the Environmental &Waste Management Commission, John O'Donnell to the Human Rights&Diversity Commission, Melody Hasse and Jennifer Freemyer to the Parks, Recreation & Natural Resources Commission, and Jessica Lind to the Planning Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCUMMBERS 1. Review SACs and Pidcock asked staff to explain the terms SAC and WAC. Jullie said the SAC is a Service Availability Charge started by the Metropolitan Waste Commission that is paid by all new connections. The City has a similar charge levied at the time of hook-up that is set annually by the City Council. The WAC charge is tied to water usage and is based on a pre- determined number of SAC units. He said heavy water users such as restaurants and car washes can get fairly substantial connection charges. Dietz said we get funds to pay the debt we incur to build our facilities by charging the trunk assessments, the sewer and water access charges and the $12.50 fee on the water bills. Pidcock thought it was important to know the economic impact on anyone putting in a restaurant in the City and what effect it has on the business community. Harris asked if other cities have the same type of arrangement. Dietz replied they looked at other cities when the Bearpath subdivision was reviewed and found that some cities have it and some don't. Case asked if there is any evidence that these charges have caused a prospective restaurant owner to not build a restaurant. Dietz thought it has happened. The consensus was that staff should review the charges imposed on the business community, survey some of the other communities to see what they are charging, and return to the Council with a report. 2. Recognition of Police Department Pidcock thought the Police Department deserves special recognition for the work they did in the recent drug bust. Harris asked Staff to draft something for the Council to present. CITY COUNCIL AGENDA October 15, 1996 Page 9 3. Discussion Regarding Water and Air Quality at the Community Center E441 Case received some concerns from residents about the air and water quality at the Community Center pool. He would like to know what is happening and what steps we are taking to correct the situation. Jullie said Bob Lambert sent a memo through regarding meetings we have had with the teams that use the pool. He believes the situation is under control; however, we haven't determined any funding mechanism for the changes that will have to be made next year. Case asked if the Oak Point pool has met our expectations in terms of moving some of the open swim time over there. Jullie said the team activity will stay at the Community Center pool, and we will then be able to drop the temperature in the pool area which will help the chlorine problem. Pidcock noted this is an on-going problem at the Community Center pool, and she has received a lot of complaints over the years. Case thought we may need to discuss the issues and the possible solutions at a Council meeting if we continue to have sickness and other problems occur at the Community Center Pool. Jullie said we can schedule a discussion for the next meeting or in the near future. 4. Appoint City Council Representative to Eden Prairie Crime Prevention Fund Harris said she will not be able to continue as the Council representative to the Eden Prairie Crime Prevention Fund. She has asked Councilmember Case to serve, and he has agreed. The consensus was that Case should replace Harris as the Council representative. B. REPORT OF CITY MANAGER 1. October 22 Workshop Jullie said the original workshop schedule called for a second workshop to discuss boards and commissions on October 22, 1996. Staff has determined that we are not prepared to present the recommendations needed for the second session. Thorfinnson said the primary reason is that we will not complete our joint meetings with the boards and commissions until January. CITY COUNCIL AGENDA October 15, 1996 Page 10 The consensus was to postpone the workshop until the joint meetings have been completed and staff can present recommendations. C. REPORT OF DIRECTOR OF PARKS, RECREATION &FACIDLITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMI DEVELOPMENT 1. Award Contract for Municipal Liquor Store No. 4 (Resolution 96-184) Enger said bids were opened on Friday, October 11, for the construction of Municipal Liquor Store No. 4 at the Cub Food site. Staff recommends the contract be awarded to Hunerberg Construction, who submitted the lowest bid at$1,216,000. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-184 Awarding the Contract for Municipal Liquor Store No. 4 to Hunerberg Construction in the amount of$1,216,000. Motion carried unanimously. Case said the issue of whether the City should be in the liquor store business came up at the candidate meeting. He noted that three of the current Councilmembers never had to address this issue, and he thought we should review the issue at a workshop somewhere down the line. He thought there are some side issues about selling tobacco that should be addressed. The consensus was to wait until the new City Council is in place to schedule the workshop. Harris thought it makes sense to review this periodically as questions seem to arise every two or three years.. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Amendment to Contract for Architectural Services for Parks/Public Works Maintenance Facility, I.C. 96-5417 Dietz said staff has been working with our architectural consultant to develop plans and specifications for the new Public Works/Parks Maintenance Facilities. Over the past five months, we have determined that the anticipated scope of services and preliminary cost estimate for the total project were too low. Accordingly, we find it necessary to recommend an adjustment in the Contract for Services with Kodet Architectural Group. Based on a revised construction cost of$4,100,000, the fees will be increased from $230,000 to $310,000. This contract revision commits the architect to provide at least$400,000 in alternates so as to insure the project coming in on budget, and reducing their risk of having to redraw the project. The City will save $11,250 in fees. Plans CITY COUNCIL AGENDA October 15, 1996 Page 11 and specifications for this project will be presented to the Council for review and approval prior to authorization to advertise for bids. At such time, an updated budget for the financing to cover the cost of this project will be presented. Thorfinnson wanted to make sure we are not approving the project, and this amendment is just for the architectural services. Harris said that was true. Tyra-Lukens asked if the primary issue is the sale of the existing facility to MNDoT because she is getting nervous about having an empty Police building and an empty public utilities building. Dietz said MNDoT agreed with purchasing all the remaining right-of-way for Hwy 212 during the public hearings for Hwy 212. We are in the process of scheduling a meeting with them to talk through the issue. We have an offer on the table now, but it is for about one-half of what we think the buildings are worth. Dietz thought we have a well-stocked arsenal to present our point of view and he believes we will arrive at a reasonable price. Pidcock noted that MNDoT has spent almost$100,000,000 in acquiring the right-of-way for Hwy 212. MOTION: Pidcock moved, seconded by Case, to approve the Professional Services Supplement with Kodet Architectural Group as per the staff agenda report of October 15, 1996. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:45 p.m.