City Council - 12/15/1987 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 15, 1987 7: 30 PM, CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and
Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Asst.
to the City Manager Craig Dawson,
City Attorney Roger Pauly, Finance
Director John D. Frane, Director of
Planning Chris Enger, Director of
Community Services Robert Lambert,
Director of Public Works Eugene A.
Dietz, and Recording Secretary Sue
Anderson.
PLEDGE OF ALLEGIANCE:
ROLL CALL: Councilmember Harris was absent.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following Items were added to the Agenda: VII.
Discussion of Lot Storage Pe itit tion; X.B. 3 . Update on Hwy. 5
Power Line; XI. l. Terex Loader Buy-Back; XI.2. Set Sepcial
Council meeting for December 22, 1987 .
MOTION:
Pidcock moved, seconded by Bentley to approve the Agenda and
Other Items of Business, as published and amended. Motion
carried unanimously.
II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY NOVEMBER 17,
1987
The following changes were made: page 3, paragraph 2, line
2-3 _shall read: and should not be looked upon as a
recreational facility for an elite few; page 5, paragraph 1,
line 2, word 6 shall read: it is; 2a2e 5, paragraph 7 line
3-4 shall read: to Staff and Commission's Red Rock Interceptor
Summation Plans, which would include hard. . . ; page 5, para ra h
13 , line 4, word shall read: trail; page 6, paragraph 3 line
4 word 2 shall be deleted; page 6 are ra h 4 line 2 and 3-4
shall read: that is already a high traffic area ready for
development, and the roads shall be upgraded to handle it;
page 7, paragraph 6, line 1 shall read: MOTION: Anderson
moved, seconded by Bentley to approve lot; page ll,_ paragraph
4 shall read: Anderson suggested that in operating as an
eff c ent Council, members could decide if they wish to grade
themselves; page 11, paragraph 6 dine 1-3 shall read:
Bentley reported the 1976 Clean Air Act amended by Congress
contain a multitude of air contaminates and potential placing
of penalties on states that, in all ways, did not abide; page
11, paraSIraph 6 line 7 shall read: The impact of this is
there is the potential for total enforcement of prohibition
of; and page 11, paragraph 7, line 1, word 7 shall read: might.
City Council Minutes 2 December 15, 1987
MOTION:
Pid occocc k moved, seconded by Anderson, to approve the Minutes
of the City Council Meeting held Tuesday, November 17, 1987,
as published and amended. Motion carried unanimously.
III . CONSENT CALENDAR
A. Clerk's License List
B. Set Special City Council Meeting for Wednesday, January
13 , -1988 7 : 00 PM, to discuss Resfdent's Advisory
Committee on City Admin strative Offices Final Report
C. Resolution No. 87-330, Accepting Transfer of Pleasant
Hf11 Cemetery from the Cemetery Association the City
of Eden Prairie
D. MARRIOTT COURTYARD by Marriott Corporation. 2nd Reading
of Ordinance No. 54-87-PUD-14-87, Rezoning from C-
Regional to PUD-14-87-C-Reg-Ser on 4 . 2 acres; Approval of
Developer' s Agreement for Marriott Courtyard; and
Adoption of Resolution No. 87-316, Approving Summary of
Ordinance No. 54-87-PUD-14-87, and Ordering Publication '
of Said Summary. 13 . 94 acres into 3 lots for
construction of a 149-roam hotel. Location: East of
U.S.Highway No. 169, north of I-494, west of Prairie
Center Drive, south of Viking Drive. (Ordinance No. 54-
87-PUD-14-87 - Rezoning and PUD District; Resolution No.
87-316 - Authorizing Summary and Publication)
E. STARRWOOD, Cardarelle & Associates. 2nd Reading of
Ordinance No. 56-87, Rezoning from Rural to R1-13 . 5;
Approval of Developer' s Agreement for Starrwood Addition;
and Adoption of Resolution No. 87-323, Approving Summary
of Ordinance No. 56-87 and Ordering Publication of Said
Summary. 29. 19 acres into 42 single family lots, 2
outlots, and road right-of-way. Location: North of
Research Road, east of Mitchell Road, southeast of McCoy
Lake. (Ordinance No. 56-87 - Rezoning; Resolution No.
87-323 - Authorizing Summary and Publication)
F. AMENDING CHAPTER ill REGARDING MECHANICAL SCREENING. 2nd
Reading of'ordinance ance No. 58-87, Amending Chapter 11
Regarding Mechanical Equipment Screening
G. Final Plat approval for Lunds Center Addition (Located
south of Prairie Center Dr ve and eaeast of Franio Road)
Resolution No. 87-325
H. Final Plat Approval of Raven Wood (Located south of
Edenvale Boulevard and west of Raven Court) Resolution
No. 87-326
I . Change Order No. 2L Nemec Knolls, I .C. 52-272
J. Change Order No. 4, Valley View Road, I.C. 51-272
City Council Minutes 3 December 15, 1987
K. Appointment of Fox, McCue 6 Murphy as Auditors for Fiscal
Year 1987
L. Request Rile -Pur ato -Bluff Creek Watershed District to
participate In review in drainage systems as a result of
the July 23 Storm (Resolution No. 8 7-329)
M. Authorize Preparation of a Feasibility Study to analyze
Utility and Roadway Improvements necessary to serve the
proposed 4th elementary school on the Harry Rogers
property (Resolution No. 87-331)
N. Final Approval of $20,900,000 Multi-Family Housing Bonds
for Founts Place CSM (Resolution No. 87-332)
0. Amending the Indenture of Trust for Fountain Place CSM
(Resolution No. n7-333)
MOTION:
Pid occocc k moved, seconded by Bentley, to approve Items A-G on
the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARING
A. SOUTHGATE by William Smith. Request for Zoning District
Change from R1-22 to R1-13. 5, and Preliminary Plat of
2.29 acres into single family residential . Location:
North of St. Andrew Drive and west of Baker Road. (Ordinance
No. 61-87 - Rezoning; Resolution No. 87-324 - Preliminary Plat)
City Yanager Jullie reported that notices of the public
hearing were sent to owners of surrounding properties and
published in the Eden Prairie News. The Planning Commission
heard this item in its November 23 , 1987 meeting and
recommended approval on a unanimous vote subject to final
plat approval of 1) detailed storm water run-off, utility
and erosion control plans for review by City Engineer and
Watershed District; 2) prior to building permit issuance,
proponent shall pay the cash park fee, and notify City and
Watershed District at least 48 hours in advance of any
grading; 3) and shall enter into a special assessment
agreement with the City for the upgrading of St. Andrew
Drive. The Parks, Recreation and Natural Resources
Commission did not review this item.
Peter Knaeble, representing William Smith, stated proponent
seeks Zoning District Change from R1-22 to R1-13 . 5 and
Preliminary Plat of 2.29 acres into six single-family lots.
The property was located on the north side of St. Andrew Drive
between Baker Road and Prairie View Drive. He stated this
project would involve some grading for the construction of
building pads and roadway extension. Variances were not
required, and utilities connect onto St. Andrew Avenue.
Bentley inquired if the public street from St. Andrew Drive
was being put under contract for paving. Dietz responded
affirmatively, and noted that the first course of bituminous
had been installed.
'k
t
City Council Minutes 4 December 15, 1987
There were no comments from the public.
MOTION 1:
Bentley moved, seconded by Anderson to close the public
hearing. Motion carried unanimously.
MOTION 2:
Bentley moved, seconded by Anderson to approve 1st Reading of
Ordinance No. 6-87 for Rezoning. Motion carried unanimously.
MOTION 3:
Bentley moved, seconded by Anderson to adopt Resolution No.
87-324 approving the Preliminary Plat. Notion carried
unanimously.
MOTION 4:
Bentley moved, seconded by Anderson to direct Staff to
prepare a Development Agreement incorporating Commission and
Staff recommendations and Council conditions that the road
through the subdivision would be extended in the future.
Motion carried unanimously.
B. 1987 SPECIAL ASSESSMENT HEARING (Resolution No. 87-329)
City Manager Jullie reported that this Public Hearing was
published in the Eden Prairie News and sent to the owner of
the affected property. The assessment roll consists of one
property in the LaVonne Industrial Park with a special
assessment due of $16,822.49. E
Dietz reported that the Staff was convinced the discrepancy
was a computer error, but the error was discovered to be
human. A supplemental assessment in the LaVonne Industrial
Park for Lot 3, Block 2 for Franklin National Bank was made
in August 1983 to become payable in 1984 . The work in 1983
was not completed and, therefore, could not be assessed and
the special hearing was delayed until 1984. In 1984, a
special assessment of $83, 000 was levied with first installment
in 1985. In September of 1985, the developer requested the
balance due on this special assessment because he was selling
the property. City Staff then advised Hennepin County funds
were collected. After the audit turned up an uncollected
assessment, it was found the City had entered the special
assessment in 1983 showing first payment in 1984, when actually
the assessment was delayed to 1984 with first payment in 1985
leaving a balance of $16,822 due in 1985.
Dietz stated the City can now collect the $16,822 assessed
against the property with payment over a three year period
from present property owner.
Pidcock inquired if present owners had been duly notified.
Dietz replied owner was notified and not very pleased.
Anderson motioned to close public hearing. Bentley requested
delaying the closing of this public hearing and give property
owner an opportunity to arrive and speak later in the
evening.
City Council Minutes 5 December 15, 1987
Mr. Matthews, property owner, stated he had a copy of the original
notification of final assessment. He expressed concern that this
was a burden to them and requested that at 11% interest perhaps
r the City would levy this over a five-year period.
Council asked Staff if this was equitable and Dietz replied
affirmatively.
There were no comments from the public.
MOTION 1:
Anderson moved, seconded by Bentley to close the public hearing.
Motion carried unanimously.
MOTION 2 :
Anderson moved, seconded by Bentley to adopt Resolution NO.
87-328 approving 1987 Special Assessment over five-year
period of time. Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION:
Pid a k moved, seconded by Bentley, to approve the Payment of
Claims Nos. 39150-39467 . Roll call vote: Pidcock, Bentley,
Anderson, and Peterson voted "aye. " Motion carried unanimously.
VI . ORDINANCES AND RESOLUTIONS
A. Proposed Alarm Ordinance
City Manager Jullie reported that the number of false alarms to
which the Police Department must respond has grown out of
proportion. Responding to systems which owners should have in
proper working order results in less staff available to
respond to other emergencies. Surrounding communities have
found that adoption of an ordinance which sets a fee to be
charged after a certain number of false alarms an effective
means of controlling this abuse.
The City Attorney's office drafted a proposed ordinance
for false alarms. It stated that after three false alarms
per calendar year, there would be a fee charged assessed by
resolution of the City Council. Jullie stated the Police
Department recommends that the City adopt the graduated fee
schedule used by the City of St. Louis Park whereby user was
allowed three false alarms per calendar year without penalty;
a fee of $50 was charged for each false alarm in excess of
three; $100 per false alarm in excess of 10; and $150 per
alarm in excess of 15 false alarms per calendar year.
Jullie introduced Police Chief Keith Wall and directed questions
from Council to him.
Anderson inquired about charging a different fee if fire trucks
are called out for false alarms repeatedly at the same property
vs. the fee for patrol car false alarm. He also inquired if Staff
could investigate what surrounding cities have for ordinances of
this nature.
city council Minutes 6 December 15, 1987
Jullie stated that the purpose was not to recover cost, but
to bring attention to this situation and defer some of the
Ar cost in the process.
41
Bentley expressed his understanding of Anderson' s request and
his agreement of Jullie's statement that the initial purpose
was to obtain the attention of the chronic abuser. On behalf
of public safety, the Council should adopt this ordinance.
Different fees for different service calls can be addressed
if necessary at a later date.
Mayor Peterson inquired about security companies and their
response. Wall responded that security companies requested
the. City adopt this ordinance to encourage owners to be more
responsible for their systems.
Wall further stated that it would be less complicated in this
first year to have only one fee to deal with abusers. He
explained the reality that when officers are repeatedly
called to the same addressed for false alarms, they become
complacent when that location has an alarm.
Pidcock believed the fee should be levied after two false alarms.
Anderson believed the fee should be levied after four false alarms.
Judie stated that the issue was to adopt an ordinance to
enact a user fee for false alarms, not setting the fee or the
minimum number of false alarms which would be addressed in
the annual Fee Resolution.
MOTION:
P dcock moved, seconded by Anderson to approve 1st Reading of
Ordinance No. 62-87 which establishes the ability to set fees
for false alarms. Motion carried unanimously.
Mayor Peterson directed Staff to return to Council with its
recommendations of fee schedule at a later meeting.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
Discussion of Lot Storage: Petition
City Manager Jullie reported the receipt of a petition signed
by sixty-two residents in the Topview Road area stating a
concern about the use of side lots for storage area. They
requested Council consider adopting restrictions to prevent
this unsightly occurrence.
Jullie continued that his office suggested to the residents
to first approach the Council in the manner of this petition.
Mayor Peterson responded that this matter had been brought to
the Council's attention prior to this meeting, and in light of
the petition, he directed Staff to research this situation
and report back to Council on the second meeting of January,
1988 with their research and recommendations.
City Council Minutes 7 December 15, 1987
VIII . REPORTS OF ADVISORY COMMISSIONS
None
IX. APPOINTMENTS
None
X. REPORTS OF OFFICERS, BOARDS 6 COMMISSIONS
A. Reports of Council Members
None
B. Report of City Manager
1. EAW Meeting
Jullie stated he attended a meeting called by the Metro
Council Environmental Research for the study of a possible
EAW on the Reuter solid waste processing plant. He advised
Council they would be receiving input and it appears the
plant would make an application. He concluded from the
meeting that an environmental impact study was not necessary.
Anderson inquired if a timetable has been established.
Jullie responded not at this time.
Jullie reported on the public forum at Eisenhower
Community Center held on December 14th in reference to
the Southwest Suburban Corridor LRT line. Nearly all who
spoke to the Committee opposed or expressed reservations
about placing an LRT line on the abandoned rail line west
of Hopkins. After Committee members discussed what it
would recommend to HCRRA regarding alignment and station
locations, a motion was approved and adopted to endorse
both a northern and a southern alignment. Specifically,
it recommended that the HCRRA extend the system along the
southern alignment as soon as possible and at least as
far as Baker Road (at I-494) . Jullie concluded that it
would be important to maintain contact with County
Commissioners and County Staff regarding merits and
advantage of LRT along the southern alignment.
2. Waste Management Plan
Jullie reported on the Recycling Plan required by
Hennepin County and due on December 31, and stated the
plan outlines the work to be done and components which
might possibly be implemented during 1988. He added that
the financial data contained in the report does not
obligate the City to the expense of any fund.
Jullie asked the Council to adopt the plan allowing City
to remain open to final decisions.
City Council Minutes 8 December 15, 1987
MOTION:
Pidcock moved, seconded by Anderson , to approve the 1988
Waste Management Plan to be submitted to Hennepin County.
Motion carried unanimously.
3 . Hwy. 5 Power Line
Jullie reported that the Council had previously approved
funds to bury the NSP line on Hwy. 5 at a cost of $50, 000.
NSP has now stated a more substantial amount for this
project and he cannot recommend approval to proceed at this
exorbitant cost.
Pidcock inquired of the new cost estimate. Jullie reported
it was over $100,000.
Jullie continued that in the future there may be some
beefing up of other lines so to eliminate the above ground
line along Hwy. 5. If NSF decides to bury the line, it
would charge the City. In most areas this was cost
feasible as NSP rebates the hook-up cost to the City over a
five-year period for each new hook-up. However in this
area there was little potential for new hook-up.
Pidcock inquired if there was another approach to
negotiating with NSP. She commented there were less
service outages underground than above.
Anderson inquired if it was reasonable in the near future
to have no overhead lines in the City. Staff responded
affirmatively. 4
Pidcock stated she felt it was the City's prerogative to
allow NSP to lay lines through the City, and in turn
NSP to assess property owners using those lines.
Anderson inquired to City Attorney Pauly if NSP wanted to
run lines through our City, can the City rotate they must go
underground.
Pauly replied he was not prepared to answer at this time,
but would obtain the answer for Council.
Jullie stated the City requires underground lines in many
new subdivisions and that was an issue in the negotiations.
If the lines are going in a downtown area, NSP absorbs the
cost for underground cable.
Peterson suggested Jullie continue negotiating with NSP.
C. Report of City Attorney
Pauly requested a meeting to discuss the matter of erosion
on the bluff.
Jullie reported that the hole has not been filled. The
City has been working on right-of-entry onto the property.
City Council Minutes 9 December 15, 1987
This was a hazard to the community and Mr. Seavall would
not allow access to his property.
Jullie stated City Attorney Pauly was getting ready for
legal right-of-entry and would be pursuing that. The
right-of-entry states there was a hazardous condition and
specific work needs to be done by a specific time. if
the property owner fails to do it, the City would do the
work and assess the cost to the property owner and
collect.
Mayor Peterson stated the Council was anxious to have
this condition resolved and if it requires a special
meeting, the Council was available.
D. Report of Director of Planning
None
E. Report of Director of Community Services
1. Preserve Center Access Trail
Lambert reported that on December 7, 1987 the Parks,
Recreation and Natural Resources Commission considered
the advisability of keeping open the trail which connects
Preserve Village Mall and the residential neighborhood to
the southwest. on a 4-2 vote, the Commission recommended
that the Council leave the trail open, and that it
attempt to correct the concerns of the adjacent neighbors
through our design of the trail, extensive landscaping,
and installation of a split rail fence.
Mayor Peterson inquired to Lambert what the cost would be
to correct the concerns of the residents. Lambert stated
a ball park figure would be $3-4000.
Mayor Peterson inquired to Lambert if this cost would be
absorbed by three parties: City, Homeowner's Association,
and Ryan Construction. Lambert stated the parties indicated
they would share the cost but did not mention to what
dollar amount.
Bentley stated it might be appropriate for discussion
this evening, but to delay action until specific plans
and costs are presented.
Mayor Peterson felt the Council should hear facts available
this evening in case Council decides to approve.
Larry Paumen, 9712 Clark Circle, stated that when he
attended the special meeting of the Parks & Recreation
Commission and explained the incidents, he was informed he
did not have pictures or anything in writing stating the
events in question. on that note, he presented photographs
of the area explaining the vandalism, and property damage.
City Council Minutes 10 December 15, 1987
He questioned Ryan Construction's commitment to landscape
design when the original design was estimated at $15,000
and then abandoned due to cost. The path was not used in
the winter and he requested a sign be posted stating the
path was closed, and then see if there was any reaction
from residents.
He wanted the City to know that the path was a true
nuisance to the residents, and asked why not have a
sidewalk along Garrison Way. This path through his
property leads out to a loading dock area which was
dangerous for kids.
Lambert, responding to the idea of a sidewalk along
Garrison Way, stated this could have and should have been
done before the homes were built. Now the City would have
to contend with front yards and driveways and this was
tough because houses are in place.
Anderson commented that the traffic along the streets in
that area was heavy, and stated he would be opposed to
closing trail because there was no other access to the
stores and a safe access to businesses on the east side
of County Road 1.
Peterson inquired if the trail was maintained in the winter.
Lambert stated homeowners have done it in the past, as
well as the hardware store.
Paumen asked Council if littering was against the law,
damage to property against the law, foul language against
the law.
Anderson replied that when the kids are little, everyone
wants the trails. When the kids become teenagers a few
years later, thoughts shift to get rid of the trail because
these kids are destructive.
Pidcock commented that there are many residents who
assume this trail would never be closed. Perhaps a sign
could be posted restricting bikes from being used on the
trail. She also stated there was a curfew, and after a
certain hour no one should be on the trail.
Paumen asked Council to consider a gate with sign stating
access hours, etc.
Bob Humphreys, 9365 Garrison Way, spoke to the fact that
vandals have torn the fence down, vandalized his
property, and the City admits this was against the law.
He felt from the comments by the Council that no matter
what the residents said, the City would not close the
path regardless. The Council advised him to hold
violators until police arrive. He stated he does not want
to call police for small matters such as foul language,
littering, and riding mopeds on the trail. But if the
Council wants the Public Safety personnel 's time used
this way, so be it; they would call the police each time
City Council Minutes 11 December 15, 1987
there was a violation. He was very concerned for
safety of his family. He has found footprints in the
snow by his patio door and in view of the the recent
rapes in the area, this was very frightful. If the City
fails to aid the residents in this matter, he would be
forced to sell his home. He stated the home next to his
has had three owners in three years. When he moved into
the property in 1979 it was without a shopping center.
One year later in came the shopping center and the
residents were told to tolerate it. It has been 9 years
and the residents still tolerate it and it is getting
worse not better.
Peterson interjected that the Council is very concerned and
that was why the Council was now attempting to resolve
this, but the change was one of the consequences of living
in a bigger town.
Humphreys asked Council if their homes were sitting just 8
feet from a $1, 000, 000 operation. He believed the Council
was going to let two homes suffer for the rest of the area.
Bentley stated that the City has many trails between homes
and backyards. The comprehensive trail system was to
access, by pedestrian means, the City of Eden Prairie. He
resented the implication that Council does not care when it
does in fact care very much, and felt there was no reason
why the residents should suffer.
Anderson stated unless there was a safer way to get to
the shopping center, it was in the best interest of the
community to allow it to remain open.
Humphreys commented that the City provides a safe path
that dumps into an asphalt loading dock and busy parking
lot area.
Anderson asked residents to identify the people in
violation with specifics, and give this information to the
police in an attempt to restrict this to pedestrians.
Anderson noted the City could handle this in a different
manner before electing to close the trail .
MOTION:
Anderson moved, seconded by Peterson to approve the
recommendations of Parks, Recreation and Natural
Resources subject to review of the landscape plan, review
of the cost of landscaping, and review of the gate or the
fence. Motion carried unanimously.
Bentley requested Staff to report back to Council on the
second meeting in January about questions regarding
adequate screening on the Paumen property. Jullie
responded that work would not commence until spring.
i
City Council Minutes 12 December 15, 1987
F. Report of Director of Public Works
1. Five-Year Capital Improvements Project Budget
Y
Eugene Dietz, Director of Public Works, presented the
1988 Capital Improvements Budget for discussion and
review to Council .
Dietz further reported that the State Land Planning Act
mandates that the CIP be reviewed by the Planning
Commission, which would in turn forward it to the City
Council with recommendations. Dietz recommends that the
CIP be sent to Planning Commission for its review.
Bentley commented there was a definite lack of information
regarding proposed funding mechanism. He asked what the
sources of funds proposed would be for project to project.
He requested to see how the City's Reserve Fund would be
impacted in the long term. He saw too many items that were
funded from the Reserve and was concerned.
Dietz responded that buildings, major equipment expend-
itures, and bike trails would be an obligation of the
general fund, but as the budget becomes more defined,
they would work toward a specific source of funding for
all categories. The present goal was to get something to
Council and present this to Planning Commission for their
review. At a future date, after Planning Commission
comments are received, a funding proposal and budget would
be presented to Council for approval.
Dietz commented on the Satellite Maintenance Facility
that was proposed. The City has the opportunity to
acquire the Clean Sweep Operation as a potential site for
storage and maintenance function. It has sufficient
space for the silt sand supply. The location would be
County Road 1 east of U.S. Hwy. 169; and would be an
excellent location for the purposes intended.
Bentley indicated a concern of how these items tie into
strategic plan. Do they fit into the projected five-yeas
budget? A specific issue was the liquor store slated for
1989. Would it be public or private operation? This has
not been decided as yet. Also City Hall land acquisition
was an issue that the Council has not approved.
Bentley stated there was a need for a program that would
tell the cost of this proposal. He directed Staff to
justify the impact on the budget and reserve fund.
Dietz commented that if the City growth pattern continues,
the water system capacity would have to be upgraded within
4 years. On the subject of water, Pidcock commented that
she has been receiving complaints about water having a
strong taste of chlorine. Dietz responded that in the
City Council Minutes 13 December 15, 1987
winter the City does hwre this problem when there was not
enough chlorine in the water. The temperature change was
the reason, and the City makes adjustments on a daily basis.
Pidcock requested information for Council on the
difference of liquor store being privately-owned and
paying taxes versus City owning the liquor store.
Peterson asked the Staff to refine this elaborate
proposed budget before Council takes action. He also
felt the Council should review this before being sent to
Planning Commission which could thereby place Council in
a politically embarrassing situation if any of these
items were acted on prior to Council approval . He felt
the Council should be comfortable with all the items
before forwarding to Planning Commission.
Bentley inquired if there was a time constraint and asked
City Attorney Pauly if approval was required for proposed
budget of this nature.
Pauly stated in reviewing capital improvement projects it
does not mean that the entire picture needs to be
approved just those items that have urgency, and then
step back and look at the rest in a more relaxed fashion.
Dietz responded that some of the projects are going to be
pressing forward. one in particular was the signals at
MCA intersections. The budget indicated six signals and
the City has funds for three.
Peterson stated receipt of the plan does not constitute any.
approval of any part or all of it. Council would review
it.
Anderson asked Dietz what timeline he was looking at.
Dietz responded 2 to 3 months, and no action was required
at this meeting.
Bentley moved that this proposed budget not go to Planning
Commission until source of funding was established and
greater discussion by Council had taken place.
Anderson stated this budget should be sent to Planning
Commission for its review and comments which would assist
Council in their discussion. He also requested additional
Staff input before approval.
Pauly stated the sole function of the Planning Commission
with regards to the Capital Improvements Project Budget
was to verify that projects are in compliance with the
City's comprehensive guideplan.
Council directed Dietz to follow that language in
forwarding the budget to the Planning Commission.
City Council Minutes 14 December 15, 1987
XI . NEW BUSINESS
1. Terex Loader Buy-Sack
Eugene Dietz stated a memo in the last meeting packet to
Council spoke of the purchase of a Terex Wheel Loader in
1981. The City awarded the contract to Borchert-Ingersoll
with a guaranteed five year "buy-back" provision for a fixed
price of $92,800.00.
During the interim, due to the economy, Borchert-Ingersoll has
found themselves in a position of not being able to fulfill the
contract provision.
In lieu of litigating the matter and incurring the associated
expenses, the City Staff has been negotiating for almost a year
and felt an acceptable settlement would be to fix the value of
the present loader at $48, 500. 00. Borchert would reimburse the
City of Eden Prairie the amount of the difference between the
established value and the "buy-back" price of $44,300. 00.
Borchert would pay this back in monthly installments over a
three-year period at 10% interest. Borchert would supply the
City with a new set of tires for the loader and repaint the
machine.
Dietz continued that after verbally agreeing to this
settlement, they requested that it not be in written form.
They requested to appear before the Council and enter into a
verbal agreement with the City. Their reason was that a
written agreement would cause problems with their auditors.
Bentley stated his objection to this issue. It was not on
the agenda, details were not before the Council, and it had
legal implications.
Pidcock stated she was comfortable with discussing this
issue.
Pauly stated he was somewhat familiar with this transaction.
The City would enter into a written agreement after the first
of the year.
MOTION:
Pdcock moved and Anderson seconded to place this item on the
agenda. Motion passed 3-1-0 (Bentley opposed)
John Laipple, representative and employee of Borchert-
Ingersoll, stated a dollar figure of $44, 300.00 with 10%
interest over a 36 month period with new tires and a paint
job was the agreed settlement.
When questioned about verbal agreement, Michael stated he was
not aware of that stipulation or the reason. He was under
direction by his firm to come before the Council and confirm
the agreement.
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city Council minutes 15 December 15, 1987
MOTION:
Anderson moved, and Pidcock seconded to continue this item at
the second meeting in January. Motion passed unanimously.
2. Special Council Meetings
Jullie reported a special meeting of the City Council was
scheduled for December 22, at 6:00 PM for approval of sale of
$5,000, 000 of bonds.
A strategic planning meeting was scheduled for January Oth
from 9-5.
A meeting for discussion of the new City Hall would be on
January 13th at 7:00 PM.
XI I . ADJOUPJ MENT
MOTION:
Bentley moved, seconded by Anderson to adjourn at 10:22 PH.
Motion carried unanimously.
EXECUTIVE SESSION
The Council then not in executive session to discuss potential
s contests and litigation regarding the Flying Cloud Landfill.
This session adjourned at 21:00 PM.
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