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City Council - 10/01/1985 APPROVED MINUTES - EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 1 , 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Community Services Director Robert Lam- 1 bert, Public Works Director Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Ali members were present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VII. B. R!�quest from the Community Theatre and IX. D. 1. Contract Amendment ©. ,_ Anderson Lakes a�rkway MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. City Council Meeting held Tuesday, June 18, 1985 MOTION : Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, June 18, 1985, as published. Motion carried with Anderson abstaining. B. Special City Council Meeting held Tuesday, September 10, 1985 f4OTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Tuesday, September 10, 1985, as published. Motion carried with Anderson abstaining. III . CONSENT CALENDAR A. Clerk 's License List B. Change Order #4 northern segment of MCA roadway system, I.C. 51-308C City Council Minutes -2- October 1, 1985 C. Preliminary & Final Plat Approval for Pralle Addition. Location: southeast corner of Paulson Drive& Ullman an Circle(Resolution No. 85- k 219 - preliminary plat and Resolution No. 85-221 - final plat ) s D. 2nd Reading of Ordinance No. 32-85, an Ordinance amending City Code Chapter 4, relating to er, wine, and liquor licensing an regulation E. 2nd Reading of Ordinance No. 28-85, Round Lake Water Surface Use r finance F. Authovization for Grading Permit Issuance -- Eden Place Apartments, Tipton orpora ion G. Final approval for Housin2 Revenue Bonds in the amount of $17,000,000 or Parkway Apartments (Resolution No. - ) MOTION: Bentley moved, seconded by Anderson, to approve items A - G on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. 1985 SPECIAL ASSESSMENT HEARING (Resolution No. 85-213) - continued from 9-17-85 Director of Public Works Dietz noted this was a continuation of the Public Hearing which was held on September 17, 1985; the two items before the Council this evening were continued from that meting. Dietz addressed I .C. 52-065. George Hoff, representing Herliev Helle, said the agreement which had been reached with the City on behalf of his client called for an adjustment of $40,000. MOTION: Bentley moved, seconded by Redpath, to approve the assessment for I.C. 52-065 with the inclusion of an agreement reached with Helle as outlined by Dietz. Motion carried unanimously. Dietz spoke to the assessment for I .C. 52-059 A & B. Dietz noted a letter (attached to these Minutes) from Roger E. Farber, M.D. which addressed his property. Anderson asked if there had been any other situations in the City similar to this. City Manager Jullie stated that City trunk systems have been levied to general areas and in some cases areas have been left out until the pipes are reasonably available. C City Council Minutes -3- October 1, 1985 Anderson said he was concerned with the question of the burden of the interest on the landowner. Bentley said a cap could be placed on the interest. Peterson said he felt a 50% cap on the interest on the Farber property would make sense since the property is not accessible. Dietz said he would agree since that is a unique property. Clifford Bodin, 6400 Shady Oak Road, asked what portion of his property is considered to be developable. Dietz said four of the ten acres are developable and would be assessed. Roger Farber, 6525 Rowland Road, said it was his intent to donate his land to the City. Farber suggested that the developer, Hans Hagen, be assessed for 90% of the improvement cost. Hakon Torjesen, 6605 Rowland Road, said the Council must face the policy question and should also find a more reasonable way to look at situations such as this. Bentley said he would like to have the City Council discuss the process used. Anderson asked for information regarding land hold. Jullie said he would recommend against this method. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to approve the assessments for I .C. 52-059 A & B with deferments allowed until the properties are developed. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to direct Staff to investigate various policies whereby the process of assessing areas such as Carmel might be improved upon in the future. Redpath noted that one-fourth of the City is undeveloped and under multiple ownership; assessment situations such as this might occur in these areas . Bentley said that Staff should specifically invite Hakon Torjesen to the meeting at which this is to be considered. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-213. Motion carried unanimously. B. EDEN POINTE APARTMENTS by Eden Pointe Partnership. Request for Planned n eve opment District Review, Zoning District Change from RM-6.5 to RM-2.5, and Preliminary Plat of 15.3 acres for 149 units. Location: southeast quadrant of Pioneer Trail and Homeward . Hills Road. (Resolution No. 85-217 - PUD Concept Amendment; Ordinance No. 33-85 - rezoning from RM-6.5 to RM-2.5; and Resolution No. 85-218 - preliminary plat ) City Council Minutes -4- October 1, 1985 City (Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Peter Beck , attorney for the developer; Jack Brandt, proponent; and John Bergly, Wehrman & Associates were present to address the request. Planning Director Enger stated this request had been reviewed by the Planning Commission at its August 12, 1985, and September 9, 1985, meetings. The Commission voted to recommend approval of the request subject to the recommendations included in the Staff Reports dated August 9 and September 6. Enger said the concerns of the Parks, Recreation & Natural Resources Commission regarding this proposal involved the trails. Enger stated there is a sidewalk along Homeward Hills Road and there will be a trail extended along the northern boundary of the property on Pioneer Trail to the eastern boundary of the Mill Creek property. Doug Drexler, 11765 Runnel Circle, expressed concern about the traffic on Homeward Hills Road from the entrances to the proposed development. He stated he would prefer to see these units be owner--occupied rather } than rental units. Peterson asked if there was a particular problem with this section of Homeward Hills Road regarding the entrance. Public Works Director Dietz said he thought the grade in this area was 7 - 8%. Anderson asked about the site distance. Dietz said it was acceptable. Bentley said he would suggest increased mainentance on Homeward Hills Road. He said he thought the City should discuss with the County the possibility of installing a semaphore at County Road 1 and Homeward Hills Road with the proponent being a participant in that project; Pax Christi should also be asked to participate in the cost. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 85-217, approving the Eden Pointe Planned Unit Development Concept Amendment to the overall Mill Creek Planned Unit Development. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to give 1st Reading to Ordinance No. 33-85, rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 85-218, approving the preliminary plat of Eder, Pointe Apartments for Eden Pointe Partnership. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations and to discuss signalization of the Pioneer Trail/Homeward Hills intersection prior to 2nd Reading. Motion carried unanimously. i x F _ .:_.. ... .. .. .. .. .d/+i �Fr' Y 'tF'.'� �„'L._' Fes' ..L ff 1✓..'�, i, t City Council Minutes -5- October 1, 1985 C. USE OF FEDERAL REVENUE SHARING FUNDS City Manager Jullie noted this Hearing was required under revenue sharing rules. i MOTION: Pidcock moved, seconded by Bentley, to close the Public y Hearing. Motion carried unanimously. i D. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $2.226,000 FOR PRAIRIE VILLAGE APARTMENTS PHASE T esolution No. 95- ) MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-224, relating to the issuance of revenue bonds or notes pursuant to Minnesota Statutes, Chapter 462C, for the purpose of financing a multifamily housing development; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval . Motion carried unanimously. E. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $2,226,000 FOR PRAIRIE VILLAGE APARTMENTS SIT (Resolution No. 85-225) MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 85-225, relating to the issuance of revenue bonds or notes pursuant to Minnesota Statutes, Chapter 462C, for the purpose of financing a multifamily housing development ; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval . Motion carried unanimously. F. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $13 OOO,OOO FOR BARNETT RANGE Finance Director Frane explained this Public Hearing was being held in order to speed up development of the project and to take advantage of present Federal tax laws. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing. Motion carried unanimously. G. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $1 300 000 FOR i (Resolution No. 85-223) MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 85-223, amending a program and ratifying a resolution giving preliminary approval to a project and its financing, under Minnesota Statutes, Chapter 462C and authorizing submission of the program to the Minnesota Housing Finance Agency for M1 review. Motion carried unanimously. City Council . Minutes -6- October 1, 1985 V. PAYMENT OF CLAIMS NOS. 22869 - 23082 MOTION: Redpath moved, seconded by Pidcock, to approve the Payment of ' Claims Nos. 22869 - 23082. Roll call vote: Anderson, Bentley, Pidcock, Redpath , and Peterson voted "aye". Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS 9 x A. Request from Charles Koshenina to waive the requirements of Chapter 12 of GitZ sae City Manager Jullie reviewed the requirements for an administrative subdivision and explained why this request was before the City Council . Charles Koshenina addressed the request. MOTION: Bentley moved, seconded by Anderson, to approve the administrative subdivision as outlined by City Manager Jullie. Motion carried unanimously. B. Request of Community Theatre Bentley stated the Community Theatre has requested funding for lighting and lighting equipment for its performances. The capital expenditure would be up to $4,300. Bentley said there is a possibility the Eden Prairie Foundation might pay for this but that is not a certainty at this time and, if so, the City would be reimbursed by the Threatre. Bentley called attention to his memorandum of October 1, 1985, in which this matter was addressed. City Manager Jullie indicated funds would be available in the City's general fund surplus. MOTION: Bentley moved, seconded by Redpath , to allocate up to $4,300 to the Eden Prairie Community Theatre for the purchase of lighting and lighting equipment. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were none. IX. APPOINTMENTS There were none. City Gounci 1 Minutes -7- October 1, 1985 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members Bentley_ - asked if Staff could look at the intersection of Westwind x and nter Way; there is the need for a stop sign on the east side of this intersection. Peterson - said he would like the Council to consider a third meeting each month or determine a way in which the meetings might be streamlined. City Manager Jullie said consideration could be given to starting the meetings at 6 p.m. with supper followed by perfunctory items. At 7:30 the public hearing portion of the meeting could begin with a timed agenda and could be done in a more formalized manner with speakers signing up, etc. Redpath said he believed the City Council is the last resort for some people and limiting debate is not necessarily a good thing. He stated that Staff should be able to gauge which public hearings are going to be controversial and scheduling can be done accordingly. Bentley said he would prefer not to have the debate period limited or to have a sign up sneet for those who wish to speak. Redpath said he thought Staff should be able to determine whether or not another meeting is needed in a particular month. Anderson said he would prefer to meet earlier in the evening; he did not think meetings after 11 p.m. were very productive. Anderson said he would like to see the sign-up sheet implemented as well as the procedure whereby a speaker could not speak again until everyone else had been heard. Pidcock said she would prefer not to have a third meeting; she suggested the meetings be scheduled for an earlier time if the agenda was long. Peterson said he believed the consensus of the Council was to look into this further; the sign-up sheet was worth consideration. Peterson - noted he had received a letter from the League of Minnesota itties requesting financial assistance for those who had gone to Washington D.C. to lobby regarding tax legislation. MOTION: Pidcock moved, seconded by Bentley, to authorize the expenditure of $70 to the League of Minnesota Cities to help defray lobbying expenses. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. B. Report of City Manager M I. 1986 City Budget (Resolution No. 85-226) - continued from 9-10-85 City Manager Jullie called attention to his memorandum of September 25, 1985, in which this matter was addressed. Jullie said he had received a memorandum from the League of Minnesota i Cities which stated there could be cutbacks in revenue sharing and r City Council Minutes -8- October 1, 1985 local government aid if the there is a shortfall in State funds. This would decrease the City `s budget about $308,000. Finance Director Frane indicated there would be about $900,000 in the general fund reserve. He said in the past when there has been a delay in payment of State aids or the aids have been cut, Eden Prairie has not been in dire straights because it does not receive much in aid. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-226 and to include an expenditure of $1200 to the Mores for driveway improvements. Anderson asked if there was a five-year capital improvements program available. He said he would like to be able to tell the public that a project is not in the budget for the coming year but is in the capital improvement program for a certain time. Jullie said the City does have a capital improvements program which includes parks, trails, etc. Jullie noted his recommendations for the budget each year are based on discussions with each department head and are based on capital improvement projections. VOTE ON THE MOTION: Motion carried unanimously. C. Report of C i t�y Attorney The City Attorney asked to meet in private session with the Council following the meeting at which time pending litigation would be discussed. D. Report of Director of Public Works 1. Contract Amendment No. 2 to Anderson Lakes Parkway MOTION: Bentley moved, seconded by Redpath, to approve contract amendment No. 2 to Anderson Lakes Parkway. Motion carried unanimously. XI . NEW BUSINESS There was none. XII. ADJOURNMENT At 11:35 p.m. the Council adjourned to a closed session at which time pending litigation was discussed.