City Council - 07/15/1980 APPROVED MINUTES )'
EDEN PRAIRIE CITY COUNCIL
(-.JESDAY, JULY 15, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penze" , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; City Engineer
Carl Jullie; and Joyce Provo, Recording s
Secretary G
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: _Pauly, Osterholt, Redpath and Penzel present; Edstrom absent,
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were removed from the Regular Agenda and placed on the Consent
Calendar: VI . A. 2nd Reading of Ordinance No. 80-16, requiring permits for the
discharge of Firearms and amending Ordinance Nos . 337 and 347, and VI . B. Ordinance
_ o._ 80-18, amending Ordinance No. 134, increasing dog impounding fees
Amendment to item II. A. by adding "and Bryant Lake Center PUD" after "Lake Ridge
Office Park",and cha.ngi.ng the date of the hearing from 8/5/80 to 8/19/80,
Addition of a new item on the Consent Calendar: N. Request to set Public Hearing
for Thorn Creek for August 19, 1980
Addition to agenda: VII. C. 2. Bids on the Senior Citizen Center
Request by the proponent, Mr. Malcolm Reid, for the deletion of item V. A. from
the agenda: Request from Eden Prairie Partners for an extension of their
Municipal Industrial Development Bond final approval to October 7, 1981
MOTION: Redpath moved, seconded by Pauly, to approve the agenda as amended and
published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Request to set a Public Hearing for Lake Ridge Office Park and Bryant Lake
Center PUD for August 19, 1980
B. Request to set a Public Hearing for Deer Creek for August 5,1980
C. Request to set a Public Hearing for Timber Creek for August 19,- 1980
D. Request to set a Public Hearing for Feasibility Report for Tax Increment
Financing for August 5, 1980
E. �A rovclans and specifications and order bids for improvements on Anderson
Lakes Parkway, I .C. 51-341 Resolution No. 80-131
wuftGr r lues. ,vuty ib, mu
F. drove plans and specifications and order bids for 1980 seal coating program,
I C. 51-387
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G. Receive 100% petition and order sewer and water improvements for six lots ,
abutting T.H. 101 north of Valley View Road, I .C. 51-386 Resolution No.
80-129
H. Receive petition and order feasibility report for drainage outlot for Lake
Idlewild, I. C. 51-385 Resolution No. 80-130
I. Final plat approval for Norseman Industrial Park 4th Addition (Resolution No.
80-132
J. Resolution No. 80-127, regarding application for conveyance of tax forfeited
land
K. Request to set Public Hearing for Federal Revenue Sharing Funds for August 19,
1980
L. 2nd Reading of Ordinance No. 80-16, requiring ermits for the discharge of
i rearms and amending Ordinance Nos. 337 and 347 (formerly item V1. A.
M. ist Reading to Ordinance No. 80-18, amending Ordinance No. 134, increasing do
impounding fees (formerly item VI . B.
N. Request to set a Public Hearing for Thorn Creek for August 19, 1980
MOTION: Redpath moved, seconded by Pauly, to approve items A - N on the Consent
Calendar. Motion carried unanimously.
IIL. PUBLIC HEARINGS
A. Anderson Lakes Parkway Neighborhood Shopping Center by Eden Prairie Real Estate
Investment Corporation. Request for PUD Concept approval and preliminary plat
approval for 2 restaurants and 2 commercial sites. Located East of US 169 and
South of Anderson Lakes Parkway (Resolution No. 80-125 - PUD; and Resolution
No. 80-126 - preliminary plat)
Richard Krier, Westwood Planning & Engineering. representing the proponents,
spoke to the proposal which consists of restaurant and convenience type
facilities , and to the meetings held with the neighborhood. Mr. Krier stated
the proponents are willing to pay their fair share for the traffic signal at
Highway #169 and Anderson Lakes Parkway.
Planning Director Enger explained the Planning Commission reviewed this proposal
on 6/9/80 and recommended to the City Council approval of the PUD concept and
the preliminary plat subject to the staff report dated June 5, 1980, and denial
of the zoning until resolution of the intersection and signals and submission
of specific plans for each lot. Enger added the Parks , Recreation & Natural
Resources Commission reviewed this proposal on June 16 , 19800and recommended
unanimously to the City Council approval of the PUD request subject to the
Staff Report dated June 5, 1980.
Pauly asked if it has been determined if $20,000 is a fair share for the proponents
to pay for the signal at Highway #169 and. Anderson Lakes Parkway, City Engineer
Jullie replied he thought $20,000 would be a reasonable share.
council Minutes - 3 - Tues. ,July 15, 1980
A. Anderson Lakes Parkway Neighborhood Shopping Center (continued)
Pauly further questioned if it was made part of the formal Planning Commission's
motion that a fast food franchise would not be put into Outlot A? Enger
replied in the affirmative.
Enger added the Comprehensive Guide Plan indicates medium density residential
on Outlot A and the previous PUD had also illustrated medium density residential .
Those are the official documents which indicate the plans and uses the City
expects.
Osterholt indicated he has a problem with this request for PUD approval as
everything is planned except one outlot. Feels that Outlot A should also be
designated otherwise there is no merit to the PUD concept on that basis.
Osterholt further added he has a problem with the sight distance and does not
like the building so close to the single family homes.
Penzel commented the usual approach of the City is to strongly urge a mall-type
single structure rather than a multiplicity of individual buildings stretched
along the highways.
Kay Schumacher, one of the owners of the property, addressed the issue of the
size of the buildings and the type of usage.
Steve Birke, 8518 Darnel , member of the Board of Directors of the Lake Eden
South Homeowners Association,expressed concerns about the proposal : 1 ) traffic -
somehow they would like the stoplight at Anderson Lakes Parkway and Highway #169
tied in with the development so that they don't end up with the development
there and the street light coming 3 or 4 years later, 2) would not like the
.n entire development to be built at one time and requested that the building closest
to the single family homes be a second phase, and 3) a wish by some of the
residents that the restaurant be switched with the one on the corner to the
one by the lake. A concern was also brought up regarding the amount of trash
or litter that goes along with a fast food restaurant.
Mike Jiran, 8936 Darnel Road, asked that assurance be given that there will not be
two fast food restaurants to double the traffic generation.
Penzel explained if the Council were inclined to give approval of the PUD concept
this evening, it could in its approval specify the types of permitted use and
exclude others. Unless something is actually rezoned and built, future Councils
may at their discretion approve or disapprove of any proposal brought before them.
Simply because a PUD has been approved at one juncture does not mean it cannot
be changed at some time down the road.
Osterholt asked for a recommendation from City Planner Enger on Outlot A.
Enger replied in the configuration the proponents have laid out for the site he
feels multiple density housing of that sort perhaps would not be appropriate
entering through a commercial area. Elderly housing, if there were funding
available for it, perhaps would be good in that area because it puts it in close
proximity to goods and services. A church would be an excellent use there,
or some type of day care facility or institutional use would also be a good user.
Enger commented it is an ideal marketing parcel for some type of office.
Mr. Birke stated he lives on one of the lots adjacent to Outlot A and his personal
feeling is he would like to see some kind of a l-story office building vs-. multi-
density residential behind his house - definitely opposed to a retail use. A
church would also be acceptable.
Council Minutes - 4 - Tues. ,July 15, 1980
,x
A. Anderson Lakes Parkway Neighborhood Shopping Center (continued)
MOTION: Redpath moved, seconded by Pauly, to continue the Public Hearing on the
Anderson Lakes Parkway Neighborhood Shopping Center to August 5, 1980, and
instruct City Staff to meet with Mr. Schumacher to try and work out a workable
solution. Motion carried unanimously.
Penzel suggested the Council might vrant to consider item VI . C. before item III . B.
MOTION: Osterholt moved, seconded by Pauly, to withhold action on III. B. until after
consideration of VI . C. Motion carried unanimously.
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VI. C. 2nd Reading of Ordinance No. 80-13, rezoning from Rural to I-2 9.95 acres into 1
of and 1 outlot for Braun' s Fashions , Inc., and developer's agreement
Penzel explained he had a call from Bill Bearman , a nei.ghboring resident of this
proposal , who expressed concern about the traffic situation on Valley View Road.
As much as the adjustment that may have to be accomplished with Valley View in
order to make the Braun proposal a feasible and viable situation as far as road
access is concerned, it was Mr. Bearman's concern that the ultimate direction of
Valley View to the west and south of his parcel should be determined and the
access of Washington Avenue and Valley View Road should be improved because of
the tremendous increase in traffic which has occurred over the last couple of
years. He feels those situations are very critical in order to make the whole area
work out successfully. Mr. Bearman is resigned to the fact there is going to be
development, and it is going to have an impact on his property. According to
{ Bearman, his neighbor, Mr. Hillger, has the same concerns. Bearman requested
°- that the Council consider instructing staff to prepare a feasibility report for
necessary improvements on Valley View Road in order to alleviate both the access
problem presently existing on the east side, as well as the routing that will be
required as the Norseman Industrial Parks expand to the properties to the south
of the road.
Pauly asked if the benefitted property owners would be assessed,
City Manager Ulstad replied he did visit with the proponents as well as some of the
other people in the area , and also met with Hennepin County. The problem the
Council was talking about previously that relates specifically to Braun's is just
one of the major problems that presently exist in the area, The City purchased
a triangular piece of property right next to Detroit Diesel, so that at some point
in time the Council could mold a Public Hearing and realign Valley View Road so
that it would coincide with the interchange of County Road 18. Also Mr. Helle
requested some improvements to his property at the last time he was before the
Council . The thought is that a road should be extended south from Valley View
to approximately 74th Street and then east to County Road 18, for which Mr. Helle
would petition. In discussing the improvements to Valley View, the reduction
of the grade, etc. , Hennepin County. has committed to surfacing that portion of
Vallev View. By expanding this project the County would be involved with the signal
installation and some additional improvements in the Valley View/Washington Avenue
location. So far as assessments are concerned, the feasibility report would point
out how that area should be assessed and it should include a ma.ior portion of this
sector in terms of sharing at least the signalization costs. As pointed out to the
Council when the City purchased the triangle, it was assumed it would be assessed
back to the property owners at that point in time that an improvement was
established in the area. Ulstad added whether Braun's proposal is approved or
denied, a problem still exists. A Minnesota Vikings representative also brought up
the problem of traffic that exists on Washington Avenue while they are attempting
to get out on County Road 18. The Vikings are in accord with sharing some of the
cost of those imnrnvAmantc .
Council Minutes 5 - Tues. ,July 15, 1980
VI . C. 2nd Reading of Ordinance No. 80-13 (continued)
Ulstad asked City Engineer Jullie to outline the plans the Highway Department
has relative to Washington Avenue and the interchange of County Road 18.
City Engineer Jul l i e explained the State is proposing to essentially make
Washington Avenue a oneway from County Road 18 going west, so you can only come
in that way, you can't go back out at the south end of Washington Avenue where
it connects to County Road 18. This will force all of that traffic up Washington }
Avenue to this intersection. n
MOTION: Osterholt moved, seconded by Redpath, to direct Staff to prepare a s
Feasibility Report for Valley View Road and the surrounding area. Motion
carried unanimously. d
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City Manager Ulstad recommended approval of the 2nd Reading of Ordinance No.
80-13 and approval of the developer's agreement. Ulstad added all documents a
have been signed and reviewed by the City's legal counsel .
City Attorney Pauly stated there is a provision in the developer's agreement
that should be clarified to make sure that the City doesn' t have a contractual
obligation to improve Washington Avenue other than the normal procedures in
accordance with the local Improvement law.
MOTION: Osterholt moved, seconded by Redpath, to adopt the 2nd Reading of
Ordinance No. 80-13, rezoning from Rural to 1-2 9.95 acres into blot and 1
outlot for Braun's Fashions . Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, to approve the developer's
agreement with the aforementioned modifications to be made by the City Attorney..
Motion carried unanimously.
III. B. Request for Municipal Industrial Develo ment Bond approval in the amount of
$2,300,000.00 for Braun-Kaiser Resolution No. 80-- 33
City Manager Ulstad explained all documents have been submitted and are in
order.
Bob levy, bond counsel with Thompson, Nielson, Klaverkamp & James , spoke to the
proposal and answered questions of Council members, along with Gil Kaiser, one
of the partners of the Braun-Kaiser Company.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing
and adopt Resolution No. 80-133, granting preliminary approval for Municipal
Industrial Development Bonds in the amount of $2,300,000.00 for Braun-Kaiser.
Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 1305 -_ 2529
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 1305
2529. Roll Call Vote: Osterholt "abstained" on Claim No. 2480 and voted "aye" on
all other Claims , Pauly "abstained" on Claim No. 2527 and voted "aye" on all other
Claims, Redpath and Penzel voted "aye" on Claims Nos. 1305 - 2529. Motion carried.
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Council Minutes - 6 - Tues. ,July 15, 1980
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V. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Eden Prairie Partners for an extension of their Municipal Industrial
Development Band final approval to October 7, 1981 Continued from 7/1/80
See item I . , paragraph 5.
VI . ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 80-16, requiring permits for the discharge of
Firearms and amending Ordinance Nos. 337 and 347
This item was moved to the Consent Calendar (II. L. ).
B. Ordinance No. 80-18, amending Ordinance No. 134, increasing dog impounding
Ties
This item was moved to the Consent Calendar (II . M. ) .
C. 2nd Reading of Ordinance No. 80-13, rezoning from Rural to I-2 9.95 acres into
blot and 1 out of for Braun s Fashions, Inc. , and developer's agreement
This item was considered after III . A. (page 4 of the minutes) .
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
t A. Reports of Council Members
1. Councilwoman Paul - 2 Appointments to the Home Care/Home Repair Advisor
Boardy
Pauly asked that the name of the Advisory Board be changed from Home Care/
Home Repair to House Care/Home Repair. Council members concurred with this
change.
Pauly recommended the appointments of Lorena Marks and Rae Bly to the
House Care/Home Repair Advisory Board.
MOTION: Pauly moved, seconded by Osterholt, that nominations be closed
and a unanimous ballot be cast for the appointments of Lorena Marks and
Rae Bly to the House Care/Home Repair Advisory Board. Motion carried
unanimously.
2. Mayor Penzel spoke to the invitation received from the Hopkins School Board
for a meeting to be held July 24, 1980.
B. Report of City Attorney
No report.
C. Report of City Manager
1. Faulty construction of the Eden Prairie Firehouse
City Manager Ulstad referred to the communication from the City Attorneys
office to Howard Knutson regarding the Eden Prairie Firehouse.
MOTION: Redpath moved, seconded by Osterholt, to instruct the City Attorney
to inititate proceedings to compel the contractor to perform and provide a
suitable building- in conformance with plans and specifications. Motion
Council Minutes - 7 - Tues. ,July 15, 1980
2. Bids on Senior Citizen Center
City Manager Ulstad spoke to the bids received for the removal and
construction of a new screened-in porch on the west side of the Senior
Center.
MOTION: Osterholt moved, seconded by Pauly, to award the bid to
Hirsch Brothers, Inc. , the low responsible bidder, in the amount of
$7,890.00 for the removal and construction of a new screened-in porch.
Roll Call Vote: Osterholt, Pauly, Redpath and Penzel voted "aye '.
Motion carried unanimously.
D. Report of City Engineer .
1. Receive Feasibility Report and set hearin date for storm drainage
improvements in the Sutton 1st Addition, I .C, 51-370 Resolution No.
80-128
City Engineer Jullie spoke to the Feasibility Report dated July 11 , 1980,
and that the rate turns out to be $2,900.00 per acre assessed to the
drainage area shown in the report.
Osterholt asked if this was a result of the zoning on the Sutton property.
Jullie replied in the affirmative.
Osterholt added at the time of the rezoning he was afraid something like
this would happen that the people in the area would get assessed and that
( is not what the Council wanted to do.
`Q MOTION: Redpath moved , seconded by Osterholt, to continue this item
to the August 19, 1980 Council meeting, and instructed City Engineer
Jullie to review the proposed assessment roll in the meantime. Motion
carried unanimously.
2. Resolutions regarding compliance with developer's agreement - Richard W.
Anderson, Inc. Resolution Nos 80-134, 135, 136 and 137
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution Nos. 80-
134, 135, 136 and 137, affirming Richard W. Anderson, Inc. compliance
with developer's agreements based on the affirmative recommendation of the
City Attorney. Motion carried unanimously.
E. Report of Finance Director
1. 1979 Audit Report (continued from June 3, 1980)
John Fox and Bill McCue answered questions of Council members regarding
the 1979 Audit Report , along with Finance Director Frane.
MOTION: Osterholt moved, seconded by Pauly, to accept and file the
1979 Audit Report. Motion carried unanimously.
VIII. NEW BUSINESS
A. City Manager lllstad referred to the memo the Council received in the "For Your
Information" packet regarding an independent animal control service to be shared
with neighboring communities , and asked the Council 's opinion of such a service.
The Council felt it was a good idea and directed the City Manager to work with
the neighboring communities in an effort to come up with a formal agreement
for an independent animal control service.
Council Minutes_ 8 Tues. ,July 15, 1980
B. Ci y Manager Ulstad brought the Council up-to-date on his recent meeting
with the mediator and the representative from Local 49. .
. C. Mayor Penzel explained he has been contacted by the proponent of the Gonyea
property that there is no money available for elderly housing, but there is
money available for low income housing. The proponent asked how the City
would feel about low income housing on this property. Penzel suggested
to the proponent that they come before the Council when they have a proposal .
IX. ADJOURNMENT
MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting
at 10:08 PM. Motion carried unanimously.
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