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City Council - 10/06/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL k 14 TUESDAY, OCTOBER C, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Retie,=th , and George Tangen COUNCIL STAFF: City Manager Carl Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, City Engineer Eugene A. Dietz,: and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Peniel ROLL CALL: All members were present - Councilman Edstrom was late. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VII . B. 3. Status Re ort on the City Services Bond Issue and VII. B. 4. Valley View Road Project Change Order. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended and d ished. Motion carried unanimously. II . MINUTES A. Joint City Council/Development Commission/Planning Commission meeting held Tuesday, September 1, 1981 Page 1, last para. , lines 1 and 2: delete "density would be affected, and this would have" and replace it with "there would be. " MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the Joint Meeting held September 1, 1981, as amended and published. Motion carried unanimously. B. Special City Council meeting held Saturday, September 12, 1981 Add as para. 4: "Tangen left at 5:15 p.m." "MOTION" para. : change "Tangen" to "Bentley." MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the Special City Council meeting held September 12, 1981, as amended and published. Motion carried unanimously. " City Council Minutes -2- October 6, 1981 w C. Regular City Council meeting held Tuesday, September 15, 1981 MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the City Council meeting held Tuesday, September 15, 1981, as published, Motion carried unanimously. D, Special City Council meeting held Thursday, September 24, 1981 MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the Special City Council meeting held Thursday, September 24, 1981 , as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk' s License List B. Award reforestation bids C. Award bid for Fly ingCloud Concession/Storage Building ,h D. 2nd Reading of Ordinance No. 81-24, an ordinance amending Ordinance No. 79-34 wfiich provides regulations prohibiting the parking of vehicles and which author- izes the designation of the areas where parking is prohibited and the ordering and placing of signs relative thereto E. Receive petition from Mariann DrivL residents and authorize feasibi1 .t report or the installation of sanitarysewer and watermain, I .C. 52-017 Resolution o. 1 20) - F. Approve plans and specifications for improvements to Autumn Wood Addition and authorize bids to be received on October 20 1981 at 10:00 AMp. I .C. 52-016A Resolution No. 81-204 G. Final plat approval for Smetana's Creekside Addition (Resolution No. 81-205) H. Set Public Hearing to consider request for Municipal Industrial Development Bonds for Kinder-Care Proect in the amount o 250,000.00 for November 3, 1981 I. Reschedule Public Hearing from October 20 1981 to November 3 1984 to consider request-from Spencer Dean St. Project for Munic al Industrial Deve o ment Bonds in the amount of 378,000.50 J. Request from Prairie Lakes Corporation for a minor amendment to Developer's_ Agreement to allow 76 units in 1 building instead of 75 units Concern was expressed by Bentley and Penzel regarding the reforestation bids and the fact that the low bidder raises trees in a different growing zone. MOTION: Bentley moved, seconded by Redpath, to approve items A - J on the Consent Calendar; item B. contingent on the trees being compatible to our zone with a warranty being provided by the nursery. Motion carried unanimously. C City Council Minutes -3- October 6, 1981 k N } r IV. PUBLIC HEARINGS A. COR PUD AMENDMENT by Karl F. Peterson. Request for a revised PUD Concept approval to utilize 4.21 acres for office use with variances for parking, sideyard setback and a lot with no public road frontage. Located in the southwest corner of Co. Rd. 4 and TH 5 behind Superamerica (Resolution No. 81-176) Continued from 9-1-81. MOTION: Tangen moved, seconded by Bentley, to continue this item to the October 20, 1981, Council Meeting at the request of the proponent. Motion carried unanimously. i B. OVERLOOK PLACE by Hustad Development Corporation. Request to rezone approx- imately 10 acres from R1-13.5 to RM 6.5 and pre iminary plat 30 duplex lots and 9 single family lots. Located north of Pioneer Trail and East of York- shire Point (Ordinance No. 81-17 and Resolution No. 81-175) Continued from 9-15-81. MOTION: Moved by Tangen, seconded by Bentley, to table this item to 8:30 p.m. because no one was present to represent the proponent. Motion carried unanimously. C. Public Hearing for 1981 Assessment Projects - items continued from 9-22-81: I.C. 51-325, I .C. 51-343, I.C. 51-359, I.C. 51-395, and supplemental trunk sewer and water assessments for Haynes property. (Resolution No. 81-206) ^ 1. I.C. 51-325 (Valley View Road Extension) : City Attorney Pauly reviewed e�avelka agreement. i Councilman Edstrom arrived at 7:47 p.m. MOTION: Bentley moved, seconded by Redpath, to enter into agreement with the Pavelkas regarding special assessments, contingent on acceptance. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to initiate eminent domain pro- ceedings amounting to $22,400.00. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. 2. I.C. 51-343 (Chatham Woods) City Manager Jullie explained the City is willing to extend the payment period on this project to 10 years at a 12% interest rate due to the high 1 cost of the project. City Engineer Dietz answered questions posed in a letter of September 30, 1981, addressed to the Mayor and City Council and signed by Residents of. Chatham Wood. , t I City Council Minutes -4- October 6, 1981 Dietz said the soil conditions were extremely poor which accounted for cost overruns because additional rock was needed to stabilize the roadway. Nodland + and Associates was the General Contractor with Schoell & Madson acting as the Consultant. The City Engineer was the Project Manager for the City. Costs were documented monthly via a pay estimate form. Normal contract language allows for a 20% plus or minus cost overrun without having to renegotiate. Because of anticipated additional costs the project was not put on the assess- ment rolls last year. x Dick Sampson, 16752 Whittington Walk, asked if the cost overrun of 20% was a total overrun or a per item overrun. Dietz explained the entire project was overrun by 20%. City Attorney Pauly said a contract can increase by 20% without being rebid -- this is according to State law. Sampson also wondered about the total per lot cost. Penzel explained this was due to specific pro- ject costs. Pat Strigel , 16767 Whittington Walk, asked about procedures involving a 100% petition and soil conditions. Penzel explained the same soil tests are made. Strigel asked what the previous all-time high per lot cost had been. Penzel thought about $9.000. Donna Heelan, 16795 Whittington Walk, wondered why the price had jumped from $14,700 to over $17,000 in a two week period. Jullie explained the $14,700 figure quoted was taken from the pending assessment rolls. The administrative procedures had not been completed to update the information at that time -- the preliminary figures are kept on the rolls until the final assessments fig- ures are known. Heelan asked if the cost of the railroad tie wall along 168th Avenue was being assessed to Chatham Wood. Jullie said the City was paying for the labor, Chatham Wood residents are assessed for the materials. Jim Thomas, 16763 Whittington Walk, noted he was one of the first buyers in Chatham Wood; as such he has watched the improvements be made. Water problems were visible before construction of the streets began. Scott Harry of Schoell $ Madson said two feet of aggregate base was needed to stabilize the roadway. About two feet of fill was necessary throughout the area. John Muehlberg, 16776 Whittington Walk, inquired as to what the soil borings showed -- did they not show ahead of the time contracts were let that the soils were bad. Jullie explained they had been taken. The soils were dis- turbed by utility construction which also added to the problem. Jullie noted similar problems have occurred in the Sunnybrook Road project which is now underway. Thomas asked if decisions are made on the basis of engineer's data and therefore these decisions are not the responsibility of the City or the developer. Penzel said that was correct. - - - as r City Council Minutes -5- October 6, 1981 / Heelan asked if there was ever a point where the cost was so prohibitive the project was shelved? Penzel said it could happen, but so far the City had not run into that. x Muehlberg asked why there is not a feasibility study done on each project -- even those where there is a 100% petition. Penzel said a feasibility study is an unwarranted cost where there is a 100% petition. Usually the property owner will ask not to have a feasibility study made because he/she would have to pay for that which would add a few thousand dollars to the cost. A developer using the 100% petition runs a risk, but it is the developer's choice. Lynette Leising, 16756 Whittington Walk, asked if the payment period could be extended to 17 years since many of the property owners have assumptions. Jullie said that was not an unreasonable request; circumstances warrant that on indi- vidually owned lots. 3 t Tom Selseth, one of the Chatham Wood developers, asked what the normal procedure is for appealing the assessment. City Attorney Pauly explained a written objection should be submitted this evening; a period of 30 days to file an appeal with the Court. p The hearing on this item was tabled to 9:30 p.m. to allow reisdents times to file a written notice of appeal . MOTION: Bentley moved, seconded by Edstrom, to accept the assessments for I .C. 51-343 taking into consideration Staff recommendations with the conclusion that those who have purchased and occupied residences and who have assumed assessments as their private obligation will be put on a 17 year schedule at 12% interest. Motion carried unanimously. 3. I.C. 359 (Norseman Industrial Park 4th Addition) City Manager Jullie said the assessment had been modified to increase the length of assessment from 12 years to 17 years. The "Condor" property will be assessed at 50% instead of 20%. Herleiv Helle, 6138 Arctic Way, spoke to the method of levying assessments. MOTION: Bentley moved, seconded by Tangen, to accept the assessments for I.C. 359. Motion carried unanimously. 4. I .C. 51-395 (Kirk Meadows) MOTION: Redpath moved, seconded by Edstrom, to accept the assessments for I.C. 51-395. Motion carried unanimously. 5. Supplementals MOTION: Edstrom moved, seconded by Tangen, to accept the assessments for the Supplementals. Motion carried unanimously. City Council Minutes -6- October 6 , 1981 MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 81-206 as amended by previous action. Motion carried unanimously. B. OVERLOOK PLACE - (continued - see page 3) Dick Putnam, representing the developer, spoke to the latest proposal which calls for 28 double units and 9 single family lots. s Redpath asked if the developer would commit to single family lots only on Creek Knoll Road. Putnam said Wally Hustad had agreed to that via a letter to the Council at the last meeting. This provision would be incorporated into the Devel- oper's Agreement. John Kelley, 9576 Yorkshire Lane, would like to see the totlot completed before building permits are issued. He noted a previous Staff Report had recommended the totlot/park be built before building permits were issued. Director of Commu- nity Services Lambert said he could not recall if the recommendation was to have the totlot completed prior to issuance of building permits or occupancy permits. Putnam said the way to protect everybody best would be to include the totlot in the bonding for the project. He said tying it to a certain construction phase might be difficult because of other equipment necessary for a later phase of con- struction causing damage. Sue Schultz, 9395 Creekwood Drive, wanted a clarification on the meaning of the 0 developer's agreement relative to construction of single family homes on Creek Knoll Road. Pauly said the way to do it would be to place a restrictive covenant on those lots. Putnam thought it could be done via the standard Developer's Agreement. Roland Peterson, 9507 Creekwood Drive, asked if there could be some restrictions as to the colors of the houses on Creek Knoll Road. Penzel said it is difficult to legislate aesthetics. Pauly noted the City has not done this and it is a very difficult thing to enforce. Bentley said in areas such as The Preserve homeowners' associations assume the responsibility for setting the regulations and for enforcing' them. Carol Gallagher, 9448 Creekwood Drive, said the character of what has been pro- posed tonight is the same as previously proposed. She cannot see where much has changed. She would like the Council to somehow make the single family lots legally binding. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to give lst Reading to Ordinance 81-17. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft a Developer's Agreement including recommendations contained in the Staff Reports, recommendations by various Commissions, bonding for public improvements including totlots, restric- tions in regard to the single family lots on Creek Knoll Road, and request Staff to look into the question of access control to and from the totlots prior to the 2nd Reading of the Ordinance. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 81-175, approving the preliminary plat for Overlook Place. Motion carried unanimously. - City Council Minutes -7- October 6, 1981 D. PRESERVE CONDOMINIUMS by Prairie Lakes Corporation. Request for PUD Development stage approval , plat approval , and rezoning of 8 acres from Rural to RM 2.5 for construction of 2 buildings for a total of 124 condominiums . Located south of Anderson Lakes Parkway and west of Preserve Community Center. (Ordinance No. 81-21 and Resolution No. 81-201) Larry Peterson, representing The Preserve; Mr. Boe, the architect for the project; and Mr. Klugness, representing the owners, Prairie Lakes Corporation, were present. Peterson spoke to the proposal . Planning Director Enger stated this item had been reviewed by the Planning Commission at its August 24, 1981 and September 14, 1981, meetings. The Planning Commission recommended approval of the rezoning and preliminary plat for the project by a 6-0 vote subject to the recommendations contained in the Staff Report dated August 13, 1981. Director of Community Services Lambert noted the Parks, Recreation and Natural Resources Commission had reviewed the proposal at its September i 21, 1981, meeting and forwarded it to the Council without any recommendation because they did not feel there were any park and recreation issues involved. ! Lambert explained this action was taken prior to a discussion he had with G Enger relative to the trail around Neill Lake and the commitment The Preserve had made regarding the trail . Bentley had questions about the location of the entrance road and what will happen to the hill to the west of the site. Enger said the grade will be cut back to alleviate sight line problems. The wooded knoll will remain; the western building will be moved a bit so the knoll will not be disturbed. Penzel called attention to the letter from Douglas A. McLeod, a resident of The Preserve, in which he voices his opposition to the proposed development. That letter is attached to the minutes. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-21. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to direct Staff to draft a Developer's Agreement including Staff recommendations and the recommendations of the various Commissions. Also to be included is a provision for the com- pletion of the trail around Neill Lake and appropriate bonding provisions. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-201, approving the preliminary plat of Preserve Condominiums. Motion carried unanimously. i i i r City Council Minutes -8- October 6, 1981 E. MID-AMERICAN HOMES INC. OFFICE by Mid-American Homes Inc. Request to pre- liminary plat and rezone the 4.9 acres from Rural to Office for construction of office uses. Located north of TH 5 and west of Purgatory Creek. (Ordinance No. 81-22 and Resolution No. 61-202) John Kosmos, K.K. Design representing Mid-American Homes, spoke to the pro- posal , Also present was Greg Gustafson, attorney for the developer. Planning Director Enger stated the Planning Commission had consider this item at its meetings on September 18, 1981 and on September 28, 1981. It had voted to recommend (4-0-1) its adoption subject to the recommendations contained in the September 25, 1981, Staff Report, Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had reviewed the proposal at its October 5, 1981, meeting and had unanimously recommended its approval . Edstrom asked about the impact this development would have on plans for TH 169/212. Enger said one of the alternatives might come in conflict with the buildings north of TH 5. , Bentley expressed concern about how the project relates to the traffic flow in the area. His main concern was with the private road which separates Mr. Steak, Chester' s, and McDonaid's. Enger said without radical changes we are stuck with that road system. Gustafson spoke to the right-in, right-out issue regarding the Mid-American Homes site, City Manager Jullie said the City is aware of the problems in the area and the City might have to order public improvements to alleviate the problems. Penzel noted the right turn lane is being used for through traffic and as a roadway; he suggested the Highway Department be asked to place appropriate signs along TH 5, Tangen asked if the City will have the proper easements for putting a trail through the property. Gustafson said they are willing to give the land to the City -- an outlot. Lambert noted they wish to give this to the City as a gift; according to statutes if there are any restrictions on the property, it can no longer be designated as a gift. Gustafson said they will be turn- ing the property over to the City in a manner in which his client will be receiving a charitable donation benefit. Tangen inquired why a variance had been allowed in the number of parking spaces required in the proposal . Enger said the Ordinance may be a little behind the times in that it does not reflect the smaller size of cars in use now. Tangen is concerned that spaces are not available for larger cars. Enger said the request for a variance would have to go before the Board of Appeals and Adjustments before it would be granted. MOTION: Bentley moved, seconded by Red'path, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-22. Motion carried unanimously. / f. City Council Minutes -9- October 6, 1981 MOTION: Bentley moved, seconded by Penzel , to request Staff to draft a Developer's Agreement incorporating the recommendations in the Staff Report and those of the various Commissions. Motion carried unanimously. MOTION: Moved by Bentley, seconded by Redpath, to adopt Resolution No. 81-202, approving the preliminary plat of Mid-American Homes . Inc. Office. Motion carried unanimously. The concensus of the Council was to direct Staff to look into the problems of the road intersections in the Highway 5/Mitchell Road area and to come back to the Council with recommendations for improving the traffic situation in that area. Also to contact the Highway Department about the problem with right turns in the same area. s z V. PAYMENT OF CLAIMS NOS. 8466 - 8702 F. MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims Nos. 8466 - 8702. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . RUPORTS OF OFFICERS, BOARDS & COMMISSIONS reports of Council Members Bentley- reminded everyone the Friends of the Library Book Sale will be held on Saturday, October 17, 1981, at the Prairie Village Mall . B. Report of City Manager i 1. 1982 City Budget (Resolution No, 81-207) - continued from 9/24/81 City Manager Jullie addressed the questions members of the Council had regarding various specific items on the Budget, Jullie noted the cost of two mosaics (aerial photos) would be $2400, Tangen said it would be wise to defer this item from the Budget due to the general state of the economy, Blueprints of the same would be $20. It was the consensus of the Council to purchase blueprints, The consensus regarding the diseased tree program was to continue marking diseased trees, the City will continue to pick up the cut-up trees; trees will be made available to residents who lose trees at what it costs the City to purchase such trees. (Alternative 4) The Council agreed to budget 1 the cost of a medium rescue unit in the 1982 Budget (the other k will be requested in the 1983 Budget. ) MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-207, a resolution certifying 1981 tax levy, collectable in 1982, as amended. Motion carried unanimously. City Council Minutes -10- October 6, 1981 e¥ , Bentley requested a future Agenda item regarding animal control -- specifically animal droppings. 1t 2. Public Safety Department Canine Program MOTION: Edstrom moved, seconded by Bentley, to expand the canine program to two dogs. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. 3. Status Report on the City Services Bond Issue City Manager Jullie explained a dollar amount must be designated so the proper wording which will appear on the ballot can be deter- mined. Jullie recommends $2.9 million for the Public Safety Building and Park and Public Works Maintenance facility. ' After discussion on whether or not to include the liquor proposal on the November 17, 1981, ballot, the consensus was to restrict the ballot to a single issue. Jullie recommended O'Connor & Hannan firm as the City's bond counsel . The Dorsey firm will be used for special circumstances. Edstrom inquired whether or not there hed been discussion of fees. Jullie said their pro- fessional fee schedule is consistent; with other firms. 4, Valley View Road Project Change Order City Manager Jullie explained construction delays have resulted in higher labor costs which mean additional costs to the City of about 4% or $42,000. Jullie recommends the additional costs be pa;d. NOTION: Edstrom moved, seconded by Tangen, to accept the Staff recom- mendation of 4% on cost overruns on the Valley View Road project with the hope that these costs can be negotiated downward. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. VIII . NEW BUSINESS Penzel called attention to the October 6, 1981, memorandum from City Attorney Pauly regarding the publication of Ordinances. Action by the Legislature now permits Cities to publish summaries of Ordinances prior to their enactment. The Council must approve the text of the summary and determine that it clearly informs the public of the intent and effect of the Ordinance. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meetinq at 10:56 D.M. Motion carried unanimously. t ol L!. z (. , }1 ' Gf/G GO GLo�el��� 1 } }�1 1 r11 ,j �r 1 i 1 Honeywell August 20 , 1981 Eden Prairie Planning Commission Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Rezoning Request Prairie Lakes Corporation Lot 2 , Block 1 and outlot A. Preserve Center Dear Commissioners: As a four-year resident of Eden Prairie, at the Preserve, I appeal to you to stop the continuing erosion of the original concept of the Preserve, of the amenities and life quality which we were promised at the purchase, and of the natural beauty of the Preserve area. F The residents of the Preserve actively fought the present construction of Preserve condominiums due to their mass, the number of p-- ...Ie that would be added to the Preserve, the additional p:7 . -e on existing amenities, and the additional traffic burden. y Pa of the final compromise was a reduction in the number of condominiums that would be built. However, just short months later, here we go again, and the request is for a parcel that makes even less sense for high density multiple residential use. The particular parcel is one of the most picturesque in the Preserve. Most of the public views of Niel Lake have been shut off from Preserve residents because of other construction disasters, and the Preserve Center and the subject lots are the remaining "quiet and beauty" areas available to all residents. To pave this area with 124 living units, and add the environmental pressure of that many families adjacent to the ecology of Neil Lake would be a terrible shame. The quality of life in the Preserve, that originally held so much promise for the area, is rapidly being detroyed by the greed of the developers and the ready accession by the Planning Commission to these requests. I hope you'll represent the pride in the Preserve that the long-term residents have (had?) and reject this most inappropriate use of our land. Cordially, Douglas A. McLeod 10830 Forestview Circle Eden Prairie, MN 55344 DAMs1at HONEYWeLL INC..NONEYWELL PLAZA,MINNEAPOLIS.MINNESOTA SS408.TELEPHONE 4/I/870-5240