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City Council - 09/18/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, SEPTEMBER 18, 1990 7, n PM- ( TTV HAUT. r.0TTNrTT. CH°►MBERS, 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick i _.:DGE OF ALLEGIANCE ROLL CALL All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Anderson, to approve the agenda. f Under Item X.A., Councilmember Reports, Pidcock requested that (1) l Appointments Procedure for Council Vacancies be added. Anderson requested thsit three items be added: (2) Airport Commission Report; (3) Wildlife Refuge; and (4) Landfill. Jullie said that on Item III.E., Anderson Lakes Center 2nd Addition (Eden Prairie Post Ulf ice), staff had prepared the paperwork for the second reading of Ordinance No. 26-90 and had been distributed to the councilmembers. Jullie requested the following additions: Item III. the Consent Calendar, Item I, Proclamation for Toastmasters Week, September 23-29; Item VII, Petitions, Requests and Communications, Item B, Petition from the Red Rock West neighborhood regarding sidewalks; Item X.B., Report of the City Manager, (1), September 25 Special Council Meeting date, and (2) Fire Department Retirement Fund. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council. Meeting held luesday. September 4. 1990 MOTION Anderson moved, -seconded by Pidcock, to approve minutes of September 4. City Council Minutes 2 September 18, 1990 Pidcock requested on page 3 of the Minutes, that the motion read Approved 5-0, for Item III, Consent calendar,as that she did not abstain on this vote. Peterson requested that on page 4 of the minutes, third paragraph, the sentence should read "She described three parcels and said that a .6-acre outlot would be dedicated to the City for trail purposes." Minutes approved as amended 5-0. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 34-90 amendinx City Code Section 5.39 Relating to Licensing of Liquor Establishment Employees C. Final Plat Approval for Anderson Lakes Center 2nd Addition, Future Site of U.S. Post Office (located at the N.W. Corner of Hwy. 169 and Anderson Lakes Parkway) Resolution No. 90-241 D. Maintenance for the More Property E. ANDERSON LAKES CENTER 2ND ADDITION ( DEN PRAIRIE POST OFFICE) by William. S. Reiling. 2nd Reading of Ordinance No. 26-90, Rezoning from Rural to Office; Adoption of Resolution No. 90-235, Authorizing Summary of Ordinance No. 26-90 and Ordering Publication of Said Summary: and Adoption of Resolution No. 90-238, Publication of Said Summary; and Adoption of Resolution No. 90-238, Site Plan Approval. 5.4 acres for construction of branch post office facility. Location: West of Highway 169, east of the Columbine Road/Garden Lane Intersection. (Ordinance No. 26-90 - Rezoning; Resolution No. 90- 235 - Authorizing Summary and Publication; Resolution No. 90-238 - Site Plan) F. ST, ANDREW'S PARKING LOT EXPANSION by St. Andrew Church. 2nd Reading of Ordinance No. 27-90, Zoning District Change from Rural to Public; Approval of Supplement to Developer's Agreement for St. Andrew Church Parking Lot Expansion; Adoption of Resolution No. 90- 234, Authorizing Summary of Ordinance No. 27-90 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-237, Site Plan Approval. 3.2 acres for construction of parking lot expansion. Location: Northwest corner of Baker Road and St. Andrew Drive. (Ordinance No. 27-90 - Rezoning; Resolution No. 90-234 - Authorizing Summary and publication; Resolution No. 90-237 - Site Plan) G. 1st Reading of Ordinance No 35-90 - Amending Distribution of Lawful Gambling Proceeds• It City Council Minutes 3 September 18, 1990 H. Change Regularly Scheduled Council Meetiniz of November 6 to 7:30 PM oil T ut:tsdny, Nuvember 13, 1990 Due to Conflict with Election Day. I. Proclamation for Toastmasters Week, September 23-29, 1990. MOTION Pidcock moved, secoxided by Anderson, to approve the Consent Calendar as amended, with Pidcock abstaining on Item F only. Approved 5-0. IV. PUBLIC HEARINGS A. VILLAGE KNOLLS by A►rgus Development. Request for Planned Development Concept Review on 42.7 acres, Planned Unit Development District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13 District on 8.7 acres. Preliminary Plat of 42.7 acres into 23 single-family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Ordinance No. 21-90 - Zoning Amendment; Resolution No. 90-2,10 - Preliminary Plat) A continued Public Hearing from August 21, 1990 Jullie said a letter Prom the proponent had been received requesting r a continuance to October 16, 1990. MOTION Harris moved, seconded by Anderson, to continue this item to October 16. Motion approved 5-0. B. EDEN PRAIRIE ASSE_KBLY OF GOD by Eden Prairie Assembly of God. Request for Comprehensive Guide Plan Change from Industrial and Public Open Space to Church on 32.7 acres, from Industrial to Neighborhood-Commercial on 3 acres, and from Industrial to Office on 2.5 acres, Planned Unit Development Concept Review on 39.21 acres, Planned Unit Development District Review on 32.7 acres with waivers, Zoning District Change from I-General, R1-22 and Rural to Public on 32.7 acres. Site Plan Review on 32.7 acres, Preliminary Plat of 39.21 acres into 4 lots and road right-of-way for construction of a church and other commercial and office uses to be known as Eden Prairie Assembly of God. Location: State Highway 5 at Dell Road. (Ordinance No. 33-90-PUD-12-90 - Rezoning; Resolution No. 90-228 - Preliminary Plat; Resolution No. 90-229 - PUD Concept Amendment) Continued from September 4, 1990 Jullie said that at the September 4 meeting the Parks, Recreation and Natural Resources Commission had not had an opportunity to review the request. The Couarkcil requested that the staff and proponent discuss the issues of donating the marshlands to the City and building a trail. Jullie said that the proponents were willing to a l City Council Minutes 4 September 18, 1990 donate the marshlands and build the trail, although they may ask for ' the trail to be done as a public improvement. Lambert reported that the Parks, Recreation and Natural Resources Commission had recommended approval subject to the marshlands being donated to the City and that the proponent would build the trail Tenpas asked if any progress had been made on access to this trail. Lambert said that he had spoken with Bud Rotter of Rottlund Homes and related that it would be very expensive to plat for an easement to the trail and that providing an outlot was not possible. Rotter would write a letter regarding his position on this request by October 3. Anderson said he would like to discuss optional ways of finding an entrance to the trail and marshlands. Harris asked Lambert if these considerations were taken into account in the discussions with the proponent. Lambert said that the trail to be provided by the church would be at the north side of the property which connects to the marsh and to Dell Road. There would be access but it would not be direct. Harris said that she believed the trail should be a separate issue. ( There were no comments from the audience. MOTION Harris moved that the public hearing be closed and that the first reading of Ordinance No. 33-90-PUD-12-90 for Rezoning be approved. Seconded by Tenpas. p n Motion approved 5-0. 1MOTION Harris moved approval of Resolution No. 90-228 - Preliminary Plat. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved adoption of Resolution No. 90-229 approving the PUD Concept Amendment and directing staff to prepare a Developer's Agreement incorporating Commission and staff recommendations. Seconded by Tenpas. Motion approved 5-0. City Council :Minutes 5 September 18, 1990 .A C. lggn A.q-, SSMENT H.—V DTI !'_ ta'acsolution i`t 10 o• -GYL./ Jullie said proper notices for this public hearing were published in the Eden Prairie news and mailed to all property owners listed on the assessment rolls. Dietz said there were seven projects to approve for special assessments, plus a number of supplemental assessments. 1. I. C. No. 52-51, Street and Utility improvements on Mitchell Road, Starinx Lake Parkway and Twin Lakes Crossing. Dietz explained the project was to construct a 32-foot-wide street along what had been Mitchell Road, now Staring Lake Parkway, from Anderson Lakes Parkway to County Road 1, Twin Lakes Crossing between Staring Lake Parkway, plus a small section of Mitchell Road to the north. The project included sanitary sewer and water main, as well as street improvements and storm sewer improvements. Feasibility study had estimated the project at $1,949,000. Total project cost was $1,967,588. All of the property owners had received a notice as to what the special assessments would be. Julia Larson, 9705 Mitchell Road, spoke about the letter she had sent to the City regarding the special assessment. She said she believed that homesteads that have larger frontage have other benefits from the larger frontage and that each homestead should be assessed at the same rate lineal foot. Because of the $15,000 cap on special assessments, her property was being charged at a higher rate per lineal foot than a property with a larger frontage which, if assessed at the same rate, would exceed the $15,000 limit. She was also concerned that her homestead was the only one to which the sanitary sewer was not available. Her concern was how she would be assessed at a later point when the sewer was brought into the Siefert property. She was also concerned if at that time, the limit on the special assessments would apply. Dietz clarified the question of the sanitary sewer to the Larson property. He said that the best way to get sanitary sewer to the Larson property was when the Siefert property developed. He said that the most likely way of paying for the sewer would be that the sanitary sewer be extended to the east lot line at the time of development. It had been the experience of the City that a developer developing that size of a parcel would not go through a feasibility study and special assessment process for one five-acre parcel to benefit from the sewer hook-up. The cost for administration would be prohibitive. The sewer would be available and the Larsons would be liable only for the connect fee. City Council Minutes 6 September 18, 1990 Arly n G usslxig, reprersented Douglas Corporation. It had $300,000 in assessments for sanitary sewer, water, and streets and walkways. He was objecting to paying for the improvements to the intersection for two reasons: (1) It had been assessed $400,000 for Anderson Lakes Parkway in 1987, and was now looking at costs of approximately $63,080 for the improvements at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. He asked that the assessment be reduced to $31,540 because he believed that there was no real benefit to the Douglas Corporation's property as a result of this intersection; (2) lie objected to the $27,852.50 for the pedestrian underpass at Purgatory Creek as he believed this to be of no benefit to the Douglass Corporation's property. Grussing also said that in 1988 Douglas was going to be assessed $211,261 for the streets; it was increased to $281,365 or 20%, because of cost overruns. He asked for a reduction of $27,851.81. These three items would reduce the assessment to Douglas Corporation from $299,000 to $211,000. Dietz said that Grussing was basically correct.. Dietz said he believed the issue was what the signature on the special assessment agreement meant. The agreement did not enumerate every last item that could potentially have been on the project, such as left-turn lanes, but he believed that a 32-foot-wide street with those kinds of improvements at the intersection was not unreasonable. Overruns on projects were not unusual and to to make a reduction in special assessments on the basis of cost overruns was a not good idea. The agreement said that the owner waived its rights to object to the amount. There was room for compromise in the some of the areas, but the least room for ) compromise would be in the area of cost overruns. Peterson asked if the roads in the property would serve all the needs within the property and whether there would be no access to Staring Lake Parkway. Dietz said this was correct as the project was conceived at this time. Dietz said that in the future there could be some other special assessments for improvements with such a large parcel. Grussing said Douglas anticipated some access to Staring Lake Parkway but only for emergency vehicles. Dietz said that in the original area, Research Road went through the property to Highway 169 and, as part of the consideration for this whole development process, that right-of-way would be abandoned. It worked best for the Douglas Corporation not to have that roadway. The City and Douglas negotiated to realign Research Road or Staring Lake Parkway. There was not an City Council Minutes 7 September 18, 1990 intersection at the location. It would costa lot to build a connection with Anderson Lakes Parkway. Anderson said he would agree to compromise on the underpass area, but that he believed the rest of the project costs to be reasonable. Tenpas said he would like to see staff discuasasion involving the intersection in lieu of the fact that the school was across the street and the Douglas Corporation would n.ot have access there. Also, he would like to have staff discuss with► Douglas Corporation some relief for the culvert under the road. He would not want to negotiate the cost overrun. Harris said she agreed with Tenpas on looking at relief for the underpass and the intersection improvements.. Dietz said that he recommended consideration. of a reduction of the intersection part of the assessment by approximately $10,000. That would reduce the paving costs down to a 32-foot-wide street on Staring Lake Parkway and take out Douglas Corporation's share of the turn lane costs on Anderson Lakes Parkway. Dietz did not recommend a further reduction because the median cut on Anderson Lakes Parkway was part of the 32-toot-wide street. Regarding the underpass, Dietz believed the ]primary benefit was to the school with little benefit to the DougLais Corporation property. He recommended reducing the cost of the project by the amount of Douglas Corporation's share of the underpass, approximately $28,000. The total reduction w-ovuld be approximately $38,000. There were no further comments from the asudience. MOTION Anderson moved to recommend Item 52-051 of Resolution No. 90- 242, approving special assessments levied in 1991 with Council modifications and recommendations by staff. Seconded by Harris. Motion approved 5-0. 2. I.C. No. 52-066. Dietz explained that this was a 1O0% petition project and was for an extension of utilities across the westerly extension of City West Parkway. The total ccoBt would be $14,552.48. A five-year assessment period wraas recommended for the project. There were no comments from the audience, '1►. E City Council Minutes 8 September 18, 1990 3. IC No. 52-123. Dietz explained that this project was a storm sewer project only in the vicinity of County Road 1 and County Road 18 to correct flooding problems in a ponding area. Estimated project cost from the feasibility study was $109,000; actual cost $108,514.66. The City would like to reserve the right to assess some of the homestead properties in this area should they develop. The net assessable cost was $49,510 for a 20-year assessment period. There were no comments from the audience. 4. IC No. 5 -144. Dietz explained that this project was for improvements on Franlo and Bluff Road and was to construct Bluff Road from the western boundary of the subdivision to County Road 18. It included sanitary sewer and water main and storm sewer. The feasibility study estimated $634,000; actual cost was $523,000. There were a number of homestead parcels in the area and a front-foot assessment system was recommended for special assessments. Net assessment would be $519,000 and the City's share of approximately $3,700 for some over-sizing of water main. Delores Williams, 9599 Bluff Road, said her property was being assessed a total of $72,000 for the improvements that she believed were of no benefit unless the property was developed. Her main objection was to paying $4,800 a year in interest on deferred assessments for the improvements that were not needed. She requested deferment of the assessment without interest. Dietz pointed out that the interest was being deferred as well with everything coming due at the time of development. He also said that the cost today was $57,000; the cost 15 years from now was $57,000 plus interest. The cost would never come due if the property was not developed. It was reasonable to expect that the property would develop and it would not be fair to expect the rest of the neighborhood to pay for the benefits to that property. Tenpas said that he believed that the interest on this amount would prohibit any development. He also said consideration should be given to the property's proximity to Country Road 18 which would become four lanes. He would favor a compromise on this issue. Williams also said that the frontage road for County Road 18 would be put on her property, taking away more of the potential for development. Dietz said one thing to consider was that Hennepin County acquired some of this property, it would be in Williams's interest to contend that the property would be developed. He believed City Council Minutes 9 September 18, 1990 fk that in order to be sure that the right party paid, in this case Hennepin County, the assessments needed to be there. The availability of the road and utilities to the 670 feet would enhance the property value. There were no further comments from the audience. 5. I. C. No. 52-152. Dietz said this was for the Cedar Ridge storm sewer which began on the west side of County Road 4 and emptied into Red Rock Lake. The reason for the storm sewer was to allow for development in the area. The feasibility estimate was $463,900; final cost $420,709.58. City and County shares were $90,000 and $20,000 respectively. Net assessment of $309,337.00. Because it was benefitting largely undeveloped properties, it was shown to be on an acreage rate of $1,030.04 per acre. The assessment period was 20years. Kay Schumacher, part-owner of one of the special, assessment parcels, referred to the Southwestern Eden Prairie Phasing Study which said sub-areas 2A and 2B required the completion of Cedar Ridge School Loop Road and water main loops between sub-areas 1A and 1B before they could support development. He believed that the border should be moved over one property length because it included property that could not be developed under the guidelines, but yet was being assessed $25,000 for the storm sewer, Dietz said the line on the map represented a drainage area as opposed to a development line. Dietz said that the Schumacher property had tributary to the system that the City would install. In the end there was a benefit to the property because it was necessary for the development of the community. He suggested that a deferment with interest was a possibility. Dietz also pointed out that the Southwest Area Study was a guide only and that as projects were developed, perhaps the Southwest Area Study needed to be made more flexible. Tenpas said he believed there should be some deferment until development could occur. Gray said that it was anticipated that the City would be dealing with a petition for the school road to support that Cedar Ridge Second Addition project and provide the school with better access. This could be in 1991 or 1992. Harris said she believed there could be three options: (1) the deferment, which she agreed was reasonable; (2) the inclusion option;, or (3) the likelihood of the school road going in within a year-an d-a-half. g City Council Minutes 10 September 18, 1990 Pauly said Uhat ti"^ a e___.—_-. ..� ueaCt tllCll4 of unimproved property had t0 be 5 based upon a specific future year, until the platting of the property, or until the construction of improvements thereon. It could not be tied into an adjacent improvement. Further discussion was held on the development probabilities in this area and how the addition of some flexibility in the Southwest Area Study would impact the assessments on the property. There were no further comments from the audience. MOTION Tenpas moved to defer this assessment with interest until platting or construction, whichever occured first. This would also include the Rogers property adjacent to Schumacher property. Seconded by Harris. Motion approved 5-0. 6. I.C. No. 52-155. Dietz said this was the bypass and turn lane on the School Road into Cedar Ridge Elementary School. Estimated cost from the feasibility study was over $87,0N; actual cost was $47,893. There were three benefitting properties to the project: Westar, Z & S, and Cedar Ridge Elementary School. The recommendation was for assessment of the entire cost. Schumacher said he believed this improvement to be solely for the benefit of the school and the school should bear the burden of the assessment. Dietz replied that there was a higher benefit to the school district which would pay 20% of the project cost. There were other turn lanes such as this one in other are&s and the turn e 3 lane was a County requirement in order to construct a new street facility. If it were to be constructed now, it would not have to be done again when the property was developed. ' MOTION Pidcock moved that deferment of assessments to Z & S properties be granted until such time as the property was platted or until commencement of construction. Seconded by Anderson. Motion approved 5-0. There were no further comments from the audience. 7. I.C. No. 52-171. Dietz explained that the project was a 100% petition project for the Country Glen PUD. The total project cost was $360,339 to be divided equally among the 19lots in the subdivision. He called Council's attention to a letter from the Coffman Development Company regarding assessment for the City Council Minutes it September 18, 1990 1" improvements in the Country Glen subdivision requesting relief from the assessment policy of granting a five-year payback period for 100% petitions projects. It requested 15-year term of assessment. Dietz recommended allowing a ten-year payback period recognizing the high value of the assessments. There were no further comments from the audience. MOTION Pidcock moved that the payback period be extended to ten years on the Country Glen assessments. Harris seconded. Motion approved 5-0. 8. Supplemental Assessments. Dietz presented the list of supplementals. The first page contained development projects for sewer and water. He pointed out the letter from Mr. Flaherty discussing the $7,680 assessment for the movie theater proposal that had not materialized. The request was that the assessment be deleted and reconsideredwhen development occured. This type of request had been granted in the past because development did not occur. MOTION Pidcock moved that Item 14-34-0025 regarding the Flaherty 2nd Addition property be deleted per request from Mr. Flaherty. Seconded by Anderson. Motion approved 5-0. Bill Gilk, representing Red Rock Shores, discussed a letter he had written regarding Red Rock Shores requesting a substantial adjustment because of calculation errors. These were for PID Numbers 16-33-0004, 16-33-0005, 17-44-0008, 17-44-0010. MOTION Pidcock moved, seconded by Harris, to refer the item including four properties to staff for further discussion. Motion approved 5-0. Maureen Moorhead, 9969 Bennett Place, asked how the figures were calculated. She said she had subdivided her property into three lots with a flag lot and would like to know where the extra $4,330 came into play. Dietz explained that the amount was based on $3,000 per acre, computed with the first half-acre being assessed as homestead property at $520, and the balance of the acreage was assessed at $3,000 per acre. 3 t City Council Minutes 12 September 18, 1990 mr)TTON Harris moved that this question be referred to staff for further explanation. Seconded by Pidcock. Motion approved 5-0. Dietz pointed out several changes on the last page. On Item 25- 32-0002 he stated that the amount had already been paid. No. 35- 13-0017 should be deleted. On Item No. 52-011A the three properties listed should be deleted per Resolution No. 85-270. MOTION Anderson moved to amend the motion to include those items referred to staff to be continued until the October 2 meeting. Seconded by Tenpas. Motion approved 5-0. MOTION Pidcock moved that Resolution No. 90-242 be adopted approving the 1991 Special Assessments with modifications. Seconded by Harris. Motion approved 5-0. D. DONNAY'S EDENVALE AND DONNAY'S EDENVALE II by Sunset Homes Corporation. Request for Zoning District Amendment within the RM-65 Zoning District on 7.3 acres, Site Plan Review, and Preliminary Plat of 7.3 acres into 11 lots for construction of 54 multi-family units within 8 buildings. Location: South of Tuwnline Road and Northwest of Edenvale Boulevard. (Ordinance No. 36-90 - Zoning Amendment; Resolution No. 90-239 - Preliminary Plat) Jullie said notice for this public hearing was mailed to 128 property owners in the project area and published in the September 6, 1990 issue of Eden Prairie News. . Paul Donnay, representing the proponent, explained the plans for Donnay's Edenvale and Donnay's Edenvale II by Sunset Homes Corporation. There was a total of 50 units proposed, reduced from the original plan for 54. These units would be similar to what had been built in the past and would have a price range of $85-120,000. Enger said the Planning Commission reviewed this item at the August _97; t 4qn mopting and recommended unanimous approval subject to the site plans dated August 13 and August 17, 1990 and the staff report dated August 24, 1990. Recommendations in the staff report were: (1) Prior to Council approval, the proponent would revise the landscape plan, provide additional evergreen trees on the south side of the property line, and include an irrigation system plan, revise the exterior building elevations to include some additional face brick and submit samples of exterior building materials for review. The developer would provide detailed storm water and erosion control { j City Council Minutes 13 September 18, 1990 plans to the City Engineer and the Watershed District prior to final plat and prior to grading they would notify the City and stake all construction limits with snow fencing to protect trees in the area. (2) Submit homeowners association documents for review by the City and receive all necessary construction permits for storm sewer discharge into Birch Island Lake. (3) The project should not proceed to second reading until storm water outlet plan to Birch Island Lake had been completed. Lambert said the Parks, Recreation and Natural Resources Commission reviewed the proposal at its September 17, 1990 meeting and recommended approval per the August 24, 1990 Planning staff report. Anderson asked if the storm water discharge would have any effect on Birch Island Lake. Gray said that this system would provide tt.e runoff that ultimately became part of the ground water that may feed Birch Island Lake, but there was no direct surface route. With the suggested storm sewer facilities, runoff would head toward the lake because there was a culvert to the northeast. It should enhance the flow of storm water and add a few acre-ft:et of water to the lake. �. There were no comments from the audience. MOTION Harris moved that the public hearing be closed and the first reading of Ordinance No. 36-90 the Zoning Amendment, be approved. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved the adoption of Resolution No. 90-239 approving the preliminary plat and directed staff to prepare a developers agreement incorporating Commission and Staff Recommendation. Seconded by Pidcock. Motion approved 5-0. E. VACATION NO. 90-08 - DRAINAGE AND UTILITY EASEMENTS ON BLUFFS AST FIFTH AD12 'PION (Resolution No. 90-243) Jullie said that notice for this hearing was properly published and posted. It was for vacation of drainage and utility easements over a couple of lots in Bluffs East Fifth Addition. There were no comments from the audience. P City Council Minutes 14 September 18, 1990 MOTION Anderson moved to close the public hearing and to adopt of Resolution No. 90-243 for Vacation No. 90-08. Seconded by Pidcock. Motion approved 5-0. V. PAYMENT OF CLAIMS Pidcock moved the payment of claims, seconded by Anderson. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. Composting Ordinance - 1st Reading of Ordinance No. 30-90 Jullie said staff had responded to inquiries by residents regarding ways to handle yard waste and compost piles. Staff and the City Attorney had drafted an ordinance defining maximum size and setback requirements for composing on residential properties. The Board of Appeals and Adjustments had reviewed the ordinance and recommended approval. The Planning Commission reviewed the proposal on September 10, 1990 and recommended three changes: (1) Permit yard waste within a designated garden area as cover material; ! (2) define the garden area; (3) permit not more than six inches of yard waste to be placed in a designated garden area. Jullie said that the Waste Management Commission discussed the proposed ordinance at its September 13 meeting and recommended that such materials as vegetable waste and coffee grounds, but not animal and dairy products, be permitted also in the compost. It also suggested that compost not be required to be in a fenced area or container if the compost were located in an area not easily visible from the neighboring properties. Jullie said it was recommended that Council approve the first reading of Ordinance No. 30-90, specifying which revisions to incorporate in the ordinance prior to second reading. Anderson asked if any part of the ordinance stated that a. compost area may UC i`Ct3ii1i'Ci:a w vc ac&"v'vcaA vca.aa.�.. .:.. ..... .. Pauly said that the first prescription was that the compost shall be established in such a manner so as not to create an odor or a nuisance. Enger said that there had been several cases where composting had become a nuisance. The ordinance was meant to limit the size and location of the compost and was specific about the odor. If there were a complaint on the odor, the City would make specific City Council Minutes 15 September 18, 1990 sugstestionR to allevief the ' 'aCrn• i aaa.. proOa/ The feature of rile ordinance that a property owner could use only yard waste from his/her own property would help limit the size of the compost piles. Harris said that she believed this to be a necessary ordinance given the situation with recycling and disposing of yard waste. Peterson asked about the inclusion or exclusion of vegetables and coffee grounds. £nger said this had been a recommendation from the Waste Management Commission. Leslie Ellis, Chair of the Waste Management Commission, said the proposed ordinance on composting had been presented to the Commission for review. It favored such an ordinance. He said that household waste activated composting and reduced the amount of waste taken to a landfill, and these were the reasons for its recommendation. Peterson asked if the household waste aright not create problems with odor and enforcement. He believed that requiring no other wastes than yard wastes would create fewer problems. Anderson suggested evaluation of the ordinance after a year to see how many complaints were received and it could then be revised as necessary. Tenpas said his concern was that there was no provision for fencing or container for the compost. He would like to see some clarification of the fencing requirements. Jim Dean said that he would be happy to see the ordinance passed and cited particularly the provision that a property owner could not bring in extra leaves as he had been having a problem with a neighbor who had been doing this. MOTION Anderson moved the approval of the first reading of Ordinance No. 30-90 for a year's trial, and that evaluation be done at the end of the first year. Seconded by Harris. Motion approved 5-0. VII. PETITIONS. RQUESTS& CQMMUNICATIONS A. Approve Hennej2in Countyt Plan for QgA 18 between the Minnesota River (Resolution No. 90-244) Dietz said that the County held a public hearing on this project in December 1989, and had asked that the City approve the layout plan for County Road 18. Dietz summarized the issues using the map 1 City Council Minutes 16 September 18, 1990 outlining the nrn DorPd plan A--nld the comments 4,L c Cc AN +o ...a., ✓Z% A tca AJ".V%JU L Plan in the memo dated September 18, 1990, Items 1-12. Dietz said that the section of this project that the County planed to begin immediately was the section between County Road 1 and Riverview Road. The rest of the project had not been funded. MOTION At I 1:00 P.M. Pidcock made a motion to continue for 15 minutes. Seconded by Harris. Motion approved 5-0. MOTION Pidcock moved that Resolution No. 90-244 be adopted subject to concerns expressed in the September 19, 1990 memo. Seconded by Harris. Motion approved 5-0. B. Petition from Red Rock Lake Residents. Jullie said a petition had been received from approximately 12 property owners in the Summit Drive area requesting the Council to reconsider a prior action which deleted a stretch of sidewalk. Dietz explained the background of the situation and discussed the survey form which had been sent to property owners in the neighborhood. He had recommended deleting the segment of sidewalk because there had been only two property owners interested in it, according to the survey. Since that time, some of the residents had requested reconsideration of this position. The majority of the people had stated that they would like to have the sidewalk installed. e Greg Lappin, 15790 Summit Drive, spoke in favor of the sidewalk. The primary reason was to provide better the safety for the children in the area. MOTION Anderson moved that the sidewalk be put in this area. Seconded by Pidcock. Motion approved 5-0. VIII. REPORTS OF ADVISORY ( 0MMTgAT0K9 A. Historical & Cultural Commission - Discussion on Heritage Preservation Ordinance Juliie said that a draft of an ordinance to amend Chapter 2 of the City Code had been prepared to establish a Heritage Preservation Commission and allow the Planning Commission to make recommendations to this Commission relating to historic sites and structures. There were two forms of the ordinance which would also City Council Minutes 17 September 18, 1990 amend Chapter 11 by providing for the designation of Heritage r acaca vatavat .a-At ca naau a'c4uaa'aaaLi aliCl'1, - SILe AlLex—aLiuss PerjUlL 111 connection with any changes in a site so designated. Version A provided that the Public Hearing on the matter would be held by the Council and the Council would make the final decision on the request for the permit. The Commission would review the application and make recommendations to the Council. Version B provided for a public hearing to be held by the Heritage Preservation Commission and the initial decision to be made by the Commission. Appeal could be made to the City Council within 10 days. If no appeal were filed the Commission's action would be final. Pauly said that in both versions of the ordinance the Commission would hold the hearing and make the recommendations with respect to historic sites, separate and apart from the hearing process on the alteration of the sites. Tenpas said he would prefer Plan A. Harris and Peterson agreed. MOTION Pidcock moved that this item be referred to the Planning Commission for review and for setting a public hearing. Seconded by Anderson. Motion approved 5-0. { IA. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Procedure far Appointments for Council Vacancies Because there would be a vacancy after the November elections, Harris asked the City Attorney if there was a procedure for dealing with such an occasion, what options would be available to the Council to deal with the position, was there a precedent for a particular option, and were the decisions made by this Council binding upon the Council that would be seated in 1991. Pauly replied that state law controls the disposition of vacancies on a Council. Basically the vacancy occurs at the time that a Usk-eas office as mayor. -here was no authority for a Council to make provision or appoint an anticipated vacancy that might occur in the future. The procedure was by vote of the Council and if there was a tie vote on the Council then the mayor would cast the vote to break the tie. In this case the 1991 Council would have the authority to fill the vacancy. S City Council Minutes 18 September 18, 1990 2. Airport Commissions Report Anderson said that he had discussions with the Airport Commission regarding its master plans, but since that time it had. been decided that the FAA was going to change everything. His recommendation was to wait for the FAA recommendations before making any decisions. 3. Wildlife Refuste Anderson said that because the City was part of the Minnesota Valley National Wildlife Refuge, he encouraged every Council- member to take the tour of the Refuge on Thursday. 4. Landfill MOTION Anderson moved that the staff and City Attorney to prepare recommendations for closing the Flying Cloud Landfill and to present them to the Council at the second meeting in October. Ter,pas said that he believed the City was in a very strong position at this time to influence how the landfill would be closed. Motion approved 5-0. B. Report of City Manager I. Meetinst with Watershed District on September 25, 1990 Jullie suggested this meeting be cancelled because two members of the Watershed District as well as its attorney would be unable to attend. MOTION Pideock moved, seconded by Anderson, to cancel the September 25, 1990 meeting with the Watershed District. Motion approved 5- 0. 2. Fire Department Retirement Fund Jullie said the Fire Department Relief Association was looking at some ammendments in their Pension Fund. Staff would be coming forward with the details of this. C. Report of City Attorney D. Report of Director, of Planning I4 a a e City Council Minutes 19 September 18, 1990 E. Report of Director of Parks. Recreation and Natural Resources F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT MOTION Pidcock motioned to adjourn at 11:15 p.m. Seconded by Anderson. Motion approved 5-0. 4 i i } i S{ 7