City Council - 12/18/1990 EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
TIME: 7:30 PM Tuesday, DECEMBER 18, 1990
LOCATION: City Hall Council Chambers,
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
PLEDGE OF ALLEGIANCE
ROLL CALL All Councilmembers present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock moved, seconded by Anderson, to approve the agenda.
Anderson asked that the agenda be suspended and requested Harris to
read a proclamation declaring January 15, 1991 as Gary Peterson Day in
the City of Eden Prairie, in recognition of service to the community as
Mayor from 1985 to 1990. Mary Peterson also presented Mayor Peterson
with a flag in commemoration of his service to the City.
Under Item X.A., Pidcock requested the addition of (1) Colored Paper.
Anderson requested the addition of (2) Request for information on the
Environmental Consortium of 16 Cities. Peterson said that Item III.E.
would be considered under Item IV.C. as a Public Hearing. Jullie
requested deletion of Item H from the Consent Calendar. This Item
would be placed on a future agenda. He also requested the deletion of
Item VII, C, Red Rock Shores Land Alteration Permit:, as the issue had
been resolved.
Motion to approve the agenda as amended carried 5-0.
II. MINUTES
A. Special City Council Meeting held Tuesday, Novel2gr 27, 1990
Anderson moved, seconded by Harris, to approve the minutes of the
Speci,,Q City Council Meeting held Tuesday, November 17, 1990.
Motion approved 5--0.
City Council Minutes 2 December 18, 1990
B. City Council Meeting held Tuesday, December 4. 1990
Harris moved, seconded by Anderson, to approve the minutes of
December 4, 1990.
Harris said that on page 1 of the Minutes, Page 2789 of the packet,
the minutes reflect a correction. She would like to correct the
correction to read that she had said she believed the City Hall
should be near or proximate to a commercial area, rather than in a
commercial area.
Minutes approved as amended 4-0-1, with Pidcock abstaining.
III. CONSENT CALENDAR
A. Clerk's License List
B. Resolution Renaming the Miller Spring to the Fredrick-Miller Spring
(Resolution No. 90-278)
C. Resolution Reconstructing the Roadside Marker Designating the Site
of "The Battle of Shakopee" (Resolution No. 90-279)
D. MINNESOTA VIKING INDOOR PRACTICE FACILITY by Kraus Anderson
Company. 2nd Reading of Ordinance No. 15-90-PUD-8-90, Planned
Unit Development District Review on 15 acres with waivers and
Zoning District Amendment within I-2 Zoning District on 4 acres;
Adoption of Resolution No. 50-277, Authorizing Summary of Ordinance
No. 15-90-PUD-8-90 and Ordering Publication; Adoption of Resolution
No. 90-280, Site Plan Review; 15 acres into 1 lot for Construction of
an indoor football practice and training complex. Location: 9520
Viking Drive. (Ordinance No. 15-90-PUD-8-90 - Publication;
Resolution No. 90-280 - Site Plan)
F. Final Plat Approval of Ravenwood 3rd Addition (located in the south
1/2 of Section 4. east f Edenvale, Boulevard (Resolution No. 90-282)
G. 1st Reading of Ordinance Ng. 1-91 Rglating to the Licensing of
Collectors of Solid Waste
H. Agproval of Fox. McCue & Company to serve as Independent Auditors
for 1990 Calendar Year
1. CGM BUILDING - Adoption of Resolution No. 90-281, Site Plan Review
for a 1,000 Square- Foot Building Addition. Location: West of
Highway 212, east of City West Parkway.
City Council Minutes 3 December 18, 1990
J. Resolution No. 90-286 Relating to Tax Division of Property Owned by
U.S. Fish & Wildlife and Darril Peterson
K. Special Counsel Services
MOTION
Anderson moved, seconded by Harris, to approve the Consent
Calendar with the changes noted.
Enger said he wished to call Council's attention to Item D on the
Consent Calendar which was the second reading of the Vikings
Rezoning. The one issue that was left outstanding at the time of
first reading was the color of the building. Color samples were
available for Council viewing. The proposal was for a gray roof and
a bone color for the walls which the Planning Commission believed to
be the best choices. Anderson asked if it would better to have a
green roof. Gary Tushie, the architect for the Vikings, said gray
blended in better than green and that the darker color would be
more visible during all times of the year.
Pidcock asked why the Item G referred to the Licensing of Collectors
of Solid Waste rather than to the Licensing of Collectors fir Multi-
Family Dwellings. Dawson explained that this was an amendment to
the ordinance for licensing of solid waste haulers which extended the
section of the ordinance requiring collection of recyclable items to
multi-family dwellings.
Motion approved 5-0.
IV. PUBLIC HEARINGS
A. Vacation 90-10 - Rpsegrch Roa4l from Flying Cloud Drive to Staring
Lake Parkway (Resolution No. 90-285)
Jullie said that notice of the public hearing was published in the
November 29, 1990 issue of the Eden Prairie News and mailed to
affected property owners. With the construction of Staring Lake
Parkway and its new intersection with Anderson Lakes Parkway by
the Oak Point Intermediate School, that portion of Research Road was
no longer necessary and served no public function. It was
recommended that that portion of the road be vacated.
MpTIO
Anderson moved to adopted Resolution No. 90-285 to vacate Research
Road from Flying Cloud Drive to Staring Lake Parkway. Seconded
by Pidcock. Motion approved 5-0.
City Council Minutes 4 December 18, 1990
B. Order Improvements and Preparation of Plans and Specifications, I.C.
52-16- (Street and Utility Improvements on Dell Road between T.H. 5
and CSAH 1 and Scenic Heights Road between CSAH 4 and Dell Road)
Resolution No. 90-283
Jullie said notice for the public hearing was mailed to property
owners involved and was published in the December 6 and 13, 1990
issues of Eden Prairie News. The project was proposing to extend
improvements, utilities, and streets on the Dell Road Extension south
of Highway 5 and Scenic Heights Road west of Eden Prairie Road.
Details of the project were included in the feasibility report which
the Council received on November 20, 1990.
City Engineer Alan Gray reviewed the feasibility study, giving
background on the southwest area study, and background on the
cost analysis of and cost-sharing between the various properties and
the City as well as some detail on the feasibility study- itself. The
latest proposal would assess property owners $50.00 per front-foot
or 24.3% of the project, the City's share would be 30.8%, and 45.8%.
would be paid for by an area assessment. Total cost of the project
would be $6,402,342. He said the plans were to do the work on
project in two phases to be completed over a 3 to 4 year period.
The final assessments would be determined prior to awarding the
contracts.
Dietz called attention to written communications from property
owners. He said this was not a typical project and said that the
front-foot assessments and the area assessments were similar to what
was done in the Ring Road area a number of years ago. He said the
project was a package and might seem costly because the streets
were in a State-Aid street system. However, the offsettftig benefit
was that the City would not be assessing any adjacent roadway
improvements. He identified other projects that would be necessary
in the next five years witli costs totalling $13,400,000 and which
would be furcied partially through Municipal State Aid funds and
partially through General Obligation Bond Funds. Each year $400,000
was levied towards road improvements. He projected a net need in
the next five years of $12 million and available revenues could be
expected to be about $1.4 million each year.
Tenpas asked if the MSA funds would stay the same or go up. Dietz
answered that in 1990 the collections were $966,000. He was not
certain if the new census figures would be in place for allocations
for 1991, but because of the population increase in the City, a
higher revenue allocation could be expected. However, other areas
of the metro area had increased in population and road needs as
well, so MSA funds would not necessarily be significantly greater.
Also, as some of the projects were built the roadway needs would go
down. As there would be an upward pressure from population and a
downward pressure from the projects being completed, the competing
needs would be offset.
City Council Minutes 5 December 18, 1990
Peterson requested Dietz to clarify his statement that at some point
in the future the City could participate at a higher level than it
currently would be able tv do. Dietz said that if the two roadways
under discussion were to be a higher priority than any others, the
project could be done on State Aid funds. But as needs exist in
other parts of the cornrnurt ity, the Dell Road-Scenic Heights Road may
not be first priority. As other projects were built and more funds
generated, there would be money available in State Aid funds to
fund a higher portion of tle cost of this project.
Tenpas asked what other whys there were of financing road projects.
Dietz replied that if there were not enough money in the MSA pool
for the City, bonds could be sold and the cash flow used to pay
them off. Tenpas asked if NSA cash flow could be predicted over the
next ten years. Dietz said that it could be estimates within 10-20
percent based on population and per capita income.
Harris asked if it were possible to carry the MSA funds over from
year to year. Dietz said it was. There was $1,700,000 in the fund
this year. The City's allocation was $966,000 this year and there was
some left from last year. Dietz stressed that with State Aid funds,
the roads must be built to meet traffic demands for 20 years.
Pidcock asked if this project could be Put into a TIF District. Jullie
said that in checking with the financial consultants it was
determined that with the revisions in State statutes, TIF was not an
option for this project. The benefitting project must be something
such as subsidized housing or manufacturing.
Harris asked if there were ever a time in the past when the MSA
funds had been reduced. Dietz said that it would take a
Constitutional amendment to change this law as the formula for
allocation was in the State Constitution.
Anderson asked if there were► to be a drop in the purchase of gas in
the state, would the fund be lowered. Dietz said this was a
possibility.
Stephen Wagner, 8430 Eden Prairie Road, said he objected to the
project because of how it impacted his property. His assessments
for recent improvement prof-ects have totaled $75,000, which he did
not believe had added to the value of his property. It seemed to
him that the pressure was put on the current property owners while
the developers reaped the 6-enefits.
Eugene Ruud, 8420 Eden Prairie Road, spoke in opposition to the
development because it wou14 cut his property into two pieces. He
said it would be a burden to him financially with no benefits to him.
City Council Minutes 6 December 18, 1990
Spencer Kluegel, attorney for Jacques/Ballack Property and George
Schroers Property, said that the two major parcels over which Dell
Road would pass would be homestead property. Assessments on
these parcels would be for front footage, but the properties would
also get the area assessments. He said that the assessments
proposed were out of proportion to the value of the property. He
also said that the plan that the road right-of-way be given to the
City by the landowners and assess them in addition to this gift was
unfair.
Lee Johnson, U. S. Home Corporation, requested that the Council not
act immediately on this project. He said that he believed the system
as set out in the feasibility study was over-designed, that phased
construction was more appropriate, and that the benefitting parties
outside the southwest sector were not bearing their fair share of the
cost. He would like the Council to affirm that this would not be a
freeway and take into account how it would impact the- residential
area. He proposed that Scenic Heights Road be built as a 35-foot-
wide collector street and paid for on the basis of $50.00 a front-foot
with the balance being assessed to the area. He said any costs
above this design should be paid out of the MSA funds. He believed
Dell Road should be built in stages with two lanes being built now
and the balance with MSA funds as needs develop.
Paul Anderson, an attorney with LeVander, Gillen & Miller,
representing Mrs. Jacques, said he believed the assessment against
this property was too high and not justified as value added to the
property. He believed the City should bear more of the cost. He
suggested that the area south of County Road 1 be assessed and
that the City fund anything over what a 32-foot road would cost.
He believed the assessments were unfair to the Jacques property
because the property would receive an area assessment for Scenic
Heights Road, an assessment for the oversized Scenic Heights West,
and an assessment oversized road on Deli Road as well. He urged
the Council to review this situation again with the properties in the
southwest quadrant of the proposed project.
Joe Boston, 16375 Candlewood Parkway, said that the residents in the
Fairfield Addition had not received information on the subject. He
requested that copies of the feasibility study be made available to
the residents of this area.
Dick Feerick, representing BD&D Partnership, said he believed the
process on the project could have been done faster and in a spirit
of cooperation rather than in an adversarial manner. He believed a
better way of assessing benefits could be found. He expreased his
concerned about the impact of these policies on the citizens of the
City. He encouraged greater involvement of the Council and staff to
resolve matters in a timely manner as far as development issues were
concerned.
D
City Council Minutes 7 December 18, 1990
Neal Frisch, 15855 Village Woods Drive, questioned whether the road
was needed. He asked what happened to the funds if the project
came in under estimates and who shared the burden if it came in
over estimates.
Brian Gensmer, a developer, spoke in support of the road. He
favored the City paying a greater share and stated that he believed
56 percent to be a fair assessment. He said that in other cities that
he surveyed, landowners were not asked to pay nearly the amount
that landowners in Eden Prairie were being asked to pay in
assessments.
Rick Packard, project manager for the Sienna Corporation, stated
that he did not believe the City share of the project was high
enough because 56 percent of the traffic on the roads was projected
to come from other areas. He said that the wetlands have not been
property factored in to the area assessment.
John Howarth, resident, said he believed the assessment to be
reasonable for the developers.
There were no further comments from the audience.
Peterson asked Dietz to respond to the questions raised in the
hearing in writing to the Council.
Harris said she would like to continue this item until she had
opportunity to review all the information presented.
Peterson suggested that those residents attending the hearing leave
their names and addresses so that information Dietz presented to the
Council could be mailed to them.
Anderson said he would like to know costs that other cities were
incurring and how they compared to Eden Prairie. He said he would
also like to know the costs of designing roads such as design of a
two-lane road compared to a three-lane or four-lane road.
MOTS
Pidcock moved that the public hearing be continued to February 5,
1991. Seconded by Harris. Motion approved 5-0.
C. CDfJG. Request by Staff to Transfer the Balance of Funds in the
Year XV Scattered Site Budget to the Housing Rehab Program Budget;
Adoption of Resolution No. 90-276, Authorizing Transfer of Fund
Balance
Dawson said a request had been received to reprogram monies in the
Community Block Grant Program. Funds set aside for a scattered
site housing program were unable to be spent as new rules were
City Council Minutes 8 December 18, 1990
being made at a Congressional level to make Eden Prairie's
application valid iRri the future. There were needs in the Housing
Rehabilitation program and federal statutes required a public hearing
for this type of transfer.
There were no comments from the audience.
MOTION
Harris moved to close the public hearing and adopt Resolution No.
90-276. Seconded by Harris. 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
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Agricultural Preservation Designation (Continued from December 4,
1990)
Jullie said this item was continued from December 4, 1990 in order to
provide Mr. Marshall an opportunity to address the Council
regarding the proposal for the Agricultural Preservation Designation.
Enger said a response from Mr. Marshall to the staff memorandum
was distributed to Council members. Mr. Marshall had said that he
would prefer that the Council have an opportunity to review his
correspondence and had requested that the item be continued for
this reason.
MOTION
Pidcock moved to continue this item until February 5. Seconded by
Anderson. Motion approved 5-0.
B. T.I.F. ComMittee - Teceive T.I.E. Committee Capital Improvement
Project Rezaort
George Bentley made a report on the recommendations of the T.I.F.
Committee so that Council and staff could determine the priority of
the projects identified for construction in the next three years using
T.I.F. revenues.
City Council Minutes 9 December 18, 1990
Bentley reported that the Committee consisted of Bette Anderson,
Karen Joyer, Bill Naegele, Laurie Pennebaker and Ed Schuck. He
reviewed the main points in the written report received by the
Councilmembers.
He said that the Committee began its work in June by reviewing the
laws and defining the parameters of the review process. Specific
parameters were (1) Cities could hold monies from Tax Increments
collected and apply them to the payment of costs identified in the
Tax Increment Financing Plan after the T.I.F District had expired.
(2) It was possible to expand the development district boundaries
but not any of the T.I.F. Districts. (3) Additional projects could be
added to the list as approved by the City Council on April 17,1990
without penalty. (4) Changes in the development district boundaries
or approved project list would require the same discussion, public
hearing, and Council findings as for the revisions made in April,
1990. (5) $9.3 million was expected to be available and a number of
projects provide special benefits to adjoining properties and a
portion of the cost could be specially assessed. (6) $12.5 to $12.6
million would be available for projects within the T.I.F. district.
A public meeting was held on October 24 for discussion of the
special projects. He reviewed the suggested projects and priorities
listed in the written report of the Committee with the use of maps
and charts.
He made the following recommendations:
1. That Council adopt the T.I.F. Capital Improvement budget as shown
Table 1.
2. That a public hearing be scheduled to meet the statutory
requirements to amend the project list as recommended.
3. That City Staff be authorized to proceed with development of
plans and specifications necessary to implement 1991 projects.
MOTION
Pidcock moved to thank Mr. Bentley and the Committee for the work
on the project and to accept the recommendations in the report as
presented. Seconded by Tenpas. Motion approved 5-0.
D. Southwest Metro Transit - Review of Final Draft of the Southwest
Metro Park & Ride Study
MOTION
Tenpas moved, seconded by Harris, to accept the recommendations of
the Southwest Metro Park and Ride Study. Motion approved 5-0.
i
City Council Minutes 10 December 19, 1990
E. Amendment to Joint Powers ^eement for Southwest Metro Transit
(Resolution No. 90-287)
MOTION
Pidcock moved to recommend approval of Resolution No. 90-287
approving the Amendment to Joint Powers Agreement for Southwest
Metro Transit. Seconded by Harris. Motion approved �--0.
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. ApRow j:MENTS
A. 2 Appointments to the Southwest Metro Transit Commission (1
Councilmember to fill a one-year term. and 1 representative for a
three-year term)
MOTION
Pidcock moved to continue the appointments to the Southwest Metro
Transit Commission until January 22. Seconded by Anderson. Motion
approved 5-0.
X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS
A. Reports of CouncilmeMbers
1. Colored Paper
Pideock complimented the staff on the use of colored paper for
different items in the Council packets.
2. Environmental Cities Coalition
MQj:TON
Anderson moved to request staff and the Waste Management
Commission to obtain more information on the Environmental Cities
Coalition so that the City could consider being involved with this
group. Seconded by Tenpas. Motion approved 5-0.
B. Report of City Manager
C. Report of City Attorney
D. Report of Director of PIA_nninrt
r
City Council Minutes 11 December 18, 1990
E. Report of Director of Parks, Recreation and Natural Resources
1. Review Status of Land Donations in Lower Purgatory Creek Valley
Lambert said that the City had inadvertently filed three of the
deeds in this area and the Parks, Recreation and Natural
Resources Commission requested that the City deed the parcels
back to the original owners so that the properties could be
deeded properly to the City according to the timetable agreed to
with Hustad Development.
MOTION
Harris moved, seconded by Tenpas, to have Pauly draw up the
appropriate papers to deed the property back to the original
owners in order that the properties could be deeded properly to
the city at the appropriate time. Motion approved 5-0.
F. Report of Finance Director
G. Report of Director of Public Works
H. Council Vacancy Appointment Process
Peterson turned the chair over to Anderson temporarily for this
portion of the meeting. Peterson was not present for the discussion.
Tenpas said that he did not realize that the deadline for applications
was December 13 and he had several calls from persons inquiring
about the process since that date. He had asked them to send their
applications. He also said he would like to have the Council
determine what to do in case of a tie vote.
Harris suggested that rather than refer to a tie vote, discussion
should be held on what constituted a majority. She said she would
consider a majority a 3-1 vote. She suggested that the Council
should vote until one candidate received a majority and a limit on
the number of ballots should be set.
Pauly said that the Council could come to an agreement on this
subject, and urged it to do so. However, any agreement would not
be legally binding until the new Council was sworn in.
Tenpas suggested a maximum number of ballots be set and a tie
would be considered a tie vote if nobody had a majority of three
votes.
City Council Minutes 12 December 18, 1990
After discussion, Pauly was instructed to to provide the Council with
a recommendation that included the following: (1) Three votes would
be considered a majority and that a maximum of five ballots could be
taken. If no one person received a majority after five ballots, the
mayor would appoint the fifth Councilmember. (2) Each Councilmember
would select two persons for recommendation to the Council position
and present his or her selections at the January 8, 1991 meeting. (3)
The voting would take place on January 22, 1991.
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION
Harris moved adjourn at 11:00 p.m. Seconded by Pidcock. Motion
approved 5-0.
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CAMERA OPERATOR'S CERTIFICATE.
I hereby certify that the microphotographs appearing on this rot of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN: CITY OF EDEN PRAIRIE
RECORD SERIES: CITY COUNCIL MINUTES
INCLUSIVE DATES/NOS: 1956 - 1990
ROLL 3
BEGINS WITH: 1986
ENDS WITH: 1990
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1/26/94
DATE CAMERA OPERATOR'S SIGNATURE
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CONCEPT 9LCRO 1MA GING WA-W ETONX4. MN
PRODUCING LABORATORY CITY/STATE