City Council - 11/03/1992 APPROVED MINUTES
• EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 3, 1992 IMMEDIATELY FOLLOWING HOUSING &
REDEVELOPMENT AUTHORITY MEETING
CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCH24EABERS: Mayor Douglas Tenpas, Richard Anderson,Jean Harris, H.
Martin lessen, and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl 1. 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, and Director of Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
• Dawson deleted Item III.K. from the agenda.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended.
Motion carried unanimously.
II. MINUTES
A. Special City Council Meeting held Tuesday, October 13, 1992
MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the Special City
Council meeting of Tuesday, October 13, 1992, with the corrections as submitted by the City
Attorney. Motion carried on a 3-0-1 vote, with Tenpas abstaining.
B. City Council Meeting held Tuesday, October 20, 1992
MOTION: lessen moved, seconded by Anderson, to approve the minutes of t2he City Council
meeting of Tuesday, October 20, 1992, as submitted. Motion carried on a 3-0-1 vote, with Tenpas
abstaining.
III. CONSENT-CALENDAR
49 A. Clerk's License List
City Council Minutes 2 November 3, 19920
B. Acceptance of September 1992 General Fund Budget Status Report
C. Adjustment to Contract with Sterling Group, Inc. for City Hall Acquisition Services
D. Resolution No. 92-241 for Submittal of 1993 Municipal Recycling Grant Application to Hennepin
County
E. Award Contract for I.C. 52-282 - George Moran Drive Improvements (Resolution No. 92-239)
F. Approve Change Order No. 1 for Traffic Signals at TH 169/212 and Leona Road/Eden Road,
I.C. 52-233
G. Approve Supplemental Agreement No. 2 for Dell Road, I.C. 52-126
H. 1st Reading of Ordinance No. 37-92, Amending Chapter 2. Section 2.30, Changing Name of
Planning Department to Community Development Department
I. Approval of Bylaws for the South Hennepin Regional Planning Agency
J. Receive 100% Petition for Public Improvements within Lake Shore Drive and Berger Drive to
Support the Victory Lutheran Church Development, I.C. 52-284 (Resolution No. 92-238) •
K. GLENSHIRE 2ND ADDITION by Associated Investments. 2nd Reading of Ordinance No. 28-
92-PUD-5-92, Rezoning from Rural to R1-9.5 on 6.1 acres:Approval of Developers Agreement
for Glenshire 2nd Addition; Adoption of Resolution No. 92-187, Authorizing Summary of
Ordinance No. 28-92-PUD-5-92 and Ordering Publication of Said Summary. Location: East of
Edenvale Boulevard, North of Valley View Road (Ordinance No.. 28-92-PUD-5-92 - Rezoning
to R1-9.5; and Resolution No. 92-187- Authorizing Summary and Publication) (WITHDRAWN
BY PETITIONER)
MOTION: Pidcock moved, seconded by Anderson, to approve items A. - J. of the Consent
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS/MEETINGS
A. SPECIAL ASSESSMENT HEARING (Resolution No. 92-233A) Continued from Tuesday,
October 20, 1992
Staff reported on the three projects of the October 20, 1992, Special Assessment Hearing which had
been continued to this meeting.
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•City Council Minutes 3 November 3, 1992
Eden Prairie Assembly of God (07-116-22-43-0000 and Hedquist Properties (10-116-22-11-0042
through 10-116-22-11-0046
Regarding the Eden Prairie Assembly of God property, Staff reported they had spoken with
representatives of the church and answered their questions. Regarding the Hedquist parcels, Staff had
reviewed the files with the Hedquists, providing them with copies of information showing the basis
for the assessments. The Hedquists pointed out that a dedication of property to the City bad been part
of the development and, based on the dedication, asked for a reduced assessment. Staff concurred
and recommended the assessment at $1,464 per lot.
MOTION: Pidcock moved, seconded by Anderson, to close the public hearing and adopt Resolution
No.92-233A approving the Special Assessment Roll as presented for Eden Prairie Assembly of God
Church, Parcel #07-116-22-43-0004, and approving the amended Special Assessment Roll for the
Hedquist properties, Parcels #10-116-22-11-0042 through #10-116-22-11-0046. Motion carried
unanimously.
Donald and Leroy Hedquist explained their concerns about notification of the assessments. After three
searches prepared by consultants and title companies on their behalf, there was no evidence found of
assessments for these properties.
• Council asked the Hedquists to check with their consultants and title companies as to how the
information was obtained and what was found and to submit their findings to the City.
Councilmembers shared the concern of the Hedquists that such information is recorded on the property
in a timely fashion for prompt notification of interested parties.
Ruzic Property (02-116-22-41-0020)
Staff had prepared a memorandum relating further information about proposed assessments for the
Ruzic property, parcel #02-116-22-41-0020, and recommending continuance to March 2, 1993, to
allow the City an opportunity to obtain its own appraisal of the property.
Don Sorenson, attorney for Ruzic, stated objections to the extended deadline. Staff noted that there
would be no additional cost accrued to Mr. Ruzic in the interim.
Pauly stated that it would be prudent for the City to obtain an appraisal from a professional appraiser
to compare to the one prepared for Ruzic by Mr. Smith.
MOTION: Anderson moved, seconded by Pidcock, to continue the hearing regarding the Ruzic
parcel, #02-116-22-41-0020, to March 2, 1993. Motion carried unanimously.
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City Council Minutes 4 November 3, 1992•
Harvey Schmidt - 15480 E. Sunrise Circle
Dietz stated that, with respect to the Harvey Schmidt parcel which had not been assessed as part of
.the Supplemental Assessments for the E. Sunrise Circle improvements, the parcel would be added to
the assessment roll in 1993. A letter had been sent to Mr. Schmidt explaining the process.
B. PETFOOD WAREHOUSE by Prairie Entertainment for PUD Concept Amendment on 6.42 acres,
PUD District Review on 6.42, Zoning District Amendment in the C-Reg-Ser District on 6.42 acres,
and Site Plan Review on 6.42 acres for a 14,000 square foot building. Location: Eden Place Center.
(Resolution No. 92-237, PUD Concept Amendment; and Ordinance No. 43-92-PUD-8-92, PUD
District Review and Zoning District Amendment)
Paul Strother, representing the proponent, reviewed the proposed plans for this retail use. Enger
reported that the Planning Commission recommended approval of this project at its October 26th
meeting. He noted that the proponent had requested an early footing permit and that Staff supported
the request subject to the condition that it be done at the proponent's own risk.
Concern was raised by Councilmembers regarding the possibility of a future use in this location which
required more parking than the proponent. Staff stated that one of the recommended conditions was
that a covenant be prepared stipulating that any future use for this parcel may not generate a need for
more than 96 parking spaces. •
There were no comments from the audience.
MOTION: Anderson moved, seconded by Pidcock, to:
1) Close the public hearing;
2) Adopt Resolution No. 92-237 for PUD Concept Amendment;
3) Approve lst Reading of Ordinance No. 43-92-PUD-8-92 for PUD District Review and Zoning
District Amendment; and
4) Direct Staff to prepare a developer's agreement incorporating Commission and Staff
recommendations and including a requirement for a covenant stipulating that future users of the
property be limited to uses requiring no more than 96 parking spaces.
Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to grant an early footing permit for the property,
with the understanding that developer would begin construction at it's own risk. Motion carried
unanimously.
•City Council Minutes 5 November 3, 1992
C. VACATION 92-07, Drainage and Utility Easements on Lot 1, Block 1. Mitchell Lake Estates
(Resolution No. 92-240)
Easements to be vacated would accommodate the replat of property on which the recently-approved
Walgreens store would be constructed.
There were no comments from members of the audience.
MOTION: lessen moved, seconded by Pidcock, to:
1) Close the public hearing; and
2) Adopt Resolution No. 92-240 approving vacation of drainage and utility easements on Lot 1, Block
1, Mitchell Lake Estates.
Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented.
• Motion carried on a roll call vote, with Anderson, Jessen, Pidcock, and Tenpas voting "aye."
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. Request from Michael &Jill Shavlik, 7353 Williams Lane, to have the Council review the Board
of Adjustments & Appeals denial of their variance request.
MOTION: Pidcock moved, seconded by lessen, to review the decision of the Board of Appeals
regarding the request of Michael and Jill Shavlik regarding a variance for a deck. Motion carried
unanimously.
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMNUTTEES
IX. APPOINTMENTS
X. REPORTS OF OFFICERS
A. Reports of Councihnembers
B. Report of City Manager
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City Council Minutes 6 November 3, 1992•
C. Report of Director of Parks. Recreation & Natural Resource
D. Report of Director of Planning
E. Report of Director of Public Works
F. Report of City Attorney
G. Report of Finance Director
XI. OTHER BUSINESS
XII. ADTOURNMENT
MOTION TO ADJOURN was made by Anderson, seconded by Pidcock. Mayor Tenpas adjourned the
meeting at 8:50 p.m.
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