City Council - 12/15/1981 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 15, 1981 7: 30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley , Dean
Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Plannina
Director Chris Enger, City Engineer Eugene A.
Dietz , and Recording Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: all were present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX. C. 2. Newsletter Publication ,
I;( ._ C. 3._ Employee Benefits, and IX_ C. 4_ Transportation Ad-.,isoryBoard.
The following items were removed from the Consent Calendar: III . D. to IX_ B. 1_._
2nd Reading of Ordinance No. 81-26 , rezoning from Rural to Regional Commercial_
.Service for Kentucky Fried Chicken (west of #169 & south of Hardee s� by Deiaria
Kitchens and developer' s a reement and III . F. to IX. B. 2. Final plat approval
for Eden Glen 2nd Addition(belar a' s Kentucky Fried Chicken) Resolution No. 81-244
NOTION: Bentley moved, seconded by Redpath , to approve the Agenda as amended and
published. Motion carried unanimously.
II . MINUTES
A. Minutes of the Special City Council Meeting held Tuesday , November 10, 1981
MOTION: Bentley moved, seconded by Edstrom, to approve the minutes of the
Special City Council Meeting held Tuesday, November 10, 1981 . Motion carried
unanimously.
B. Minutes. of the- Canvassing Board meeting held Tuesday, November 17, 19gl
MOTION: Edstrom moved, seconded by Bentley, to approve the minutes of the
Canvassing Board held Tuesday, November 17, 1981. Motion carried unaninously.
City Council (Minutes -2- December 15, 1981
C. Minutes of the e Regular City Council Meeting held Tuesday, November 17, 1981
Page 2, last para. , 3rd line: change "grains" to "grain."
Page 4, item C. , 3rd para. , 2nd line: change "it" to "in."
Page 6, 2nd para. , line 1: change "rational" to "rationale" ; line 2: change
"parking lot to be flipped" to "construction phases of the parking lots to be
reversed; and last para. , 4th line: change "flipped" to "remain as per ori-
ginal plan. "
MOTION: Redpath moved, seconded by Tangen , to approve the minutes of the
regular Council meeting held Tuesday, November 17, 1981 , as amended. Motion
carried unanimously.
D. Minutes of the Reqular City Council Meeting held Tuesday, December 1,, 1981
Page 3, last para. , 3rd sentence: change "should be affected" to "cast to
the renter should be reduced. "
Motion: Tangen moved, seconded by Bentley, to approve the minutes of the
Council meeting held December 1 , 1981 , as amended. Motion carried with
Redpath abstaining.
III . CONSENT CALENDAR
A. Clerk' s License List
B. 2nd ReadjM of _Ordinance No. 81-27, rezonin approximately acres_from
Rl- i3. 5 to R_r-i 6. 5 ��du�leres��for Overlook Place Pioneer Tr'ai1 & Creek Knoll
Road _ by Hustad Development Corporation and Developer's Agreement
C . 2nd Readin_U_of Ordinance No. 81-27 , rezoning from Rural to Public for Wood-
dale Baptist Church Wiest of 'Flying Cloud Drive and south of Shady Oak Road} i
and Developer' s Agreement
D. 2nd Readin_g_of Ordinance 81-26 , rezoning from Rural to Regional Commercial
Service for Kentucky Fried Chicken(west of #169 and south of Hardee's
Delaria' s Kitchens and Developer' s Agreement - moved to IX. B. 1.
r
E. 2nd Reading of Ordinance No. 81-21 , rezoning 8 acres from Rural to RM 2. 5 t
for construction of 2 buildings for a total of 124 condominiums for Preserve
Condominiums south of Anderson Lakes Parkway and east of Preserve Boulevard
b rairie Lakes Corporation and Developer's Agreement
F. Final plat approval for Eden Glen 2nd Addition Delaria ' s Kentucky Fried Chicken)
Resolution No. 81-2 4 - moved to IX. B. 2.
G. Sunnybrrook Road Improvements, Change Order No. 1 I .C. 51-381 (Sunnybrook Road
east of Homeward Hills Road
C
City Council Minutes -3- December 15, 1981
H. Round Lake Area Utilities, Change Order No. 1, I .C. 51-315 & I .C. 51-351
hies- t of Round Lake, north of TH 5�~
I. Receive petition for sewer and water improvements on Kilmer Avenue at Atherton
and authorize the preparation of a feasibility report, I .C. 52-013 Resolution
No. 81-245
J. Set Public Hearing to consider vacation of Jest 72nd Street between CSAH 4
and Duck Lake Road for January 19, 1982 at_ 7:30 p.m.
K. Agreement between City of Eden Prairie/Chicago & Northwestern Railroad/Mn/Dot
for installation of railroad signals at Riley Lake Road (Resolution No. 81-246 )
L. 2nd Reading of Ordinance No. 81-1.1, rezoningfrom Rural to RM 6 .5 for Bluff' s
East south of Co. Rd. 1 and west of Franlo Road by Hustad Development Cor-
poration and Developer's Agreement T
M. Final approval for Municipal Industrial Development Bonds in the amount of
690,350(Resolution No. 81-247 and 142 ,570 Resolution No. 81-248 for
Volunteers of America
4 N. Final approval for Munical Industrial Development Bonds in the amount of
$242 ,240 Resolution No. 81-249 _and 548,450 _ Resolution No. 81-250 for Town
& Country Claim Service —
0. Final ap roval for Municipal Industrial Development Bonds in the amount of
5314 ,420 Resolution No._81-251and M,884 Resolution_ No.�81-252 for
Spencer Dean, Sr.
MOTION: Bentley moved, seconded by Tangen , to approve items A - C , E, and G - 0
on the Consent Calendar with items M-N-O subject to final review by the City Attor-
ney. Motion carried unanirously.
IV. PUBLIC HEARINGS
A. Reconvene Public Hearing for Westwood Industrial Park and adjacent area im-
provements and authorize preparation ofplans and specificiations , I .C. 52-015
south of Co. Rd. 67,west of Baker Road_ - continued from December 1, 1981 ,
Resolution No. 81-237�__ -`
City Engineer Dietz spoke to the proposal ,
Mayor Penzel asked if Richard Anderson i.s still involved with the project.
Mr. Anderson said he is; Al Michels , attorney for Bury & Carlson concurred.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
to adopt Resolution No. 81-237, ordering preparation of plans and specifications
for Westwood Industrial Park and adjacent properties subject to modifications
by City Attorney Pauly. Motion carried unanimously.
City Council Minutes -4- December 15 , 1981
B. SGL Office/Warehouse by SGL, Inc. Request to rezone from Rural to I-5 and
preliminary plat approximately 8.3 acres for construction of an office ware-
house building. Located south of Eaton CharLynn and north of Eden Prairie
United Methodist Church (Ordinance No. 81-31 and Resolution No. 81-241)
Don Goetzman, President of SGL , spoke to the proposal . Gary Yenger, represent-
ing Tipton Corporation, which is connected with the construction of the building ,
noted the building will be "built to suit the occupant. "
Planning Director Enger stated the Planning Commission had recommended approval
of the rezoning and preliminary plat at its November 9, 1981, meeting subject
to Staff recommendations contained in the Staff Report of November 6 , 1981 .
This proposal was not reviewed by the Parks , Recreation and Natural Resources
Commission.
Edstrom asked how many employees will be located at this facility. Yenger
thought about 85.
Tangen inquired how this relates to the Highway 212 corridor. Enger said this
parcel is right in the center of the diagonal route. This parcel has been land-
locked for years. He noted there is still quite a distance between where this
building will be built and the CharLynn building to the north; the City will be
placing a road in the center of the 212 corridor.
Bentley expressed a concern regarding the traffic flow and the impact on
Mitchell Road and potential access to 14aliace Road as a consequence of this
development. Penzel concurred.
City Engineer Dietz reported on the status of the feasibility reports for
projects in this area. They will be presented to the Council early in 1982.
Penzel said he is concerned about the access and has strong reservations about
access in this area_
MOTION: Redpath moved , seconded by Tangen, to close the Public Hearing and
to give 1st Reading to Ordinance 81-31 . Motion carried unanimously.
MOTION: Redpath moved , seconded by Tangen, to adopt Resolution No. 81-241 ,
approving the preliminary plat of SGL Office/Warehouse. I-lotion carried unan-
imously.
MOTION: Bentley moved, seconded by Tangen, to request Staff to draft a Developer' s
Agreement subject to the recommendations contained in the Staff Report and the
recommendations of the Planning Commission. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
City Manager Jullie said the Development Commission has requested a special meeting
with the Council to consider the merits of a Reserve Fund Vehicle proposal with
respect to Industrial Development Revenue Bonds. The Development Commission had
met on December 4th with representatives from O' Connor & Hannan regarding this issue
and would like the Council to hear about it also.
/ MOTION: Bentley moved, seconded by Redpath, to schedule a special meeting of the
City Council and the Development Commission for 6:30 p.m. on Tuesday, January 19,
1982, prior to the regular C-+k- Council meeting. Motion carried unanimously.
City Council Minutes -5- December 15, 1981
VI . PAYMENT OF CLAIMS
MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims Nos .
9506 9736 and 9739. Roll call vote: Bentley, Edstrom, Redpath, Tangen and
Penzel voted "aye. " Motion carried unanimously.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Kinder-Care Learning Center by Kinder-Care Learning Centers . Request for site
plan amendment to locate a Kinder-Care Learning Center in an Office District.
Located north of TH 5 and east of Chester' s Restaurant.
Robert Fors, representing Kinder-Care Learning Centers , spoke to the pro-
posal .
Planning Director Enger noted the original proposal which was for
an office building with a wood exterior. The day care center usage is
allowed in the office district. The building.which is brick) is suitable
for use as an office.
Penzel asked if the bell tower falls into the sign category. The concensus
was that it depends on the interpretation of Ordinance 261.
MOTION: Redpath moved , seconded by Bentley, to approve the site plan amend-
ment fcr a reduced square ;uotage hui lding under the condition that all roof
surfaces be of the same color (brown . ) Motion carried unanimously.
B. Final aq roval for Municipal Industrial Development Bonds in the amount of
250,000 for Kinder-Care Resolution
MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 81-243 ,
final approval for Minnesota Industrial Revenue Bonds for Kinder-Care in the
amount of $250,000. Motion carried unanimously.
C. AID Insurance Company by_ AID Insurance Company. Request for site plan review
and approval of Registered Land Survey to divide 7.7 acres zoned Office into
2 lQts and to construct an office on the southerly five acres. Located approxi -
mately 1500 feet southeast of Hartford Insurance Company, 11000 Prairie Lakes
Drive.
Scott Stouffer, architect, spoke to the proposal.
Planning Director Enger stated the Planning Commission had reviewed the pro-
posal at its December 14, 1981 , meeting and had recommended approval of the
Registered Land Survey and the site plan subject to the recommendations included
in the December 19, 1981 , Staff Report.
h
_ _ _
=;
City Council Minutes -6- December 15, 1981
The Parks , Recreation & Natural Resources Commission did not review this
proposal because it is a part of the Preserve Plan (therefore cash park fees
are not applicable) and the Anderson Lakes ' Wildlife Area .
Concerns were expressed as to what will happen to the two acre parcel which
will be left after this parcel is subdivided. Enger said it would be best
if this two acre parcel were made a part of the parcel north of it.
City Engineer Dietz will contact Hartford's engineer to discuss drainage
problems in the area.
MOTION: Redpath moved, seconded by Edstrom, to approve the site plan amend-
ment and to approve a Registered Land Survey for re-subdivision of Prairie
Lakes Business Park. Motion carried unanimously.
D. Request from Richard Miller Homes for a 1-year extension on the Mitchell
Heights Townhouse Developer' s Agreement
Edstrom noted he would abstain from discussion on this item because the
law firm with which he is associated represents Richard Miller.
MOTION: Redpath moved, seconded by Tangen, to grant a one-year extension
on the Developer's Agreement for Mitchell Heights Townhouse development.
Motion carried with Edstrom abstaining.
V III. " "ICES & RESOLUTIONS
,a Readinc_of Ordinance No. 81-20 , rezoning from Rural to I-2 for Westwood
Industrial Park west of St. John ' s and south of Co. Rd. 67j by Richard W.
Anderson, Inc . , and Developer' s Agreement - continues! From December 1, 1981
MOTION: Redpath moved, seconded by Edstrom, to give 2nd Reading to Ordinance
81-20, rezoning from Rural to I-2 for Westwood Industrial Park. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Redpath , to approve the Developer' s Agree-
ment for Westwood Industrial Park as modified. Motion carried unanimously.
1X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel - noted a copy of a letter to Charles Weaver, Chairman of. thg Metropolitan
Council , from Richard M. Feerick regarding the City West proposal , Mr. Feerick
outlined his opposition to the proposal .
B. Report of City^ Attorney
I. 2nd Reading of Ordinance No. 81-26, rezoning from Rural to Regional Commer-
cial Service for Kentucky Fried Chicken west of #169 & south of Hardee's
by Delaria Kitchens and Developers Agreement
�. I
City Council Minutes -7- December 15, 1981
City Attorney Pauly explained the change which had been made to
to the Developer' s Agreement.
MOTION: Tangen moved, seconded by Redpath , to give 2nd Reading to
Ordinance No. 81-26, rezoning from Rural to Regional Commercial Service
for Kentucky Fried Chicken by Delaria Kitchens. Motion carried unani-
mously.
MOTION: Tangen moved, seconded by Redpath , to approve the Developer' s
Agreement. Motion carried unanimously.
2. Final_plat approval for Eden Glen 2nd Addition (Delaria ' s Kentucky Fried
Ch cken__TKesolution No. 81-244--T—
MOTION: Tangen moved, seconded by Penzel , to adopt Resolution No. 81-244 ,
approving final plat of Eden Glen 2nd Addition. Motion carried unanimously.
C. Report of City Manager
1. Architectural Services Contract with InterDesign , Inc .
City Manager Jullie discussed the draft agreement with InterDesign which
had been submitted to Council members prior to the meeting.
MOTION: Redpath moved , seconded by Edstrom, to approve the draft agree-
ment with InterDesign , Inc. for architectural services subject to review
by the City Attorney. Motion carried unanimously.
2. Newsletter Publication
City Manager- Jullie said discussions had been underway regarding
publishing "Happenings" , the City newsletter, in one of the local
newspapers . The Eden Prairie News ,Prairie Register, and Eden Prairie
Pilot had been requested to submit proposals, Jullie recommended
the City accept the proposal submitted by the Prairie Register,
The decision to consider publishing "Happenings" as a part of the Prairie
Register on a trial basis , keeping the City' s options open , was con-
tinued to the December 19, 1981, special meeting of the City Council,
3. Employee Benefits
City Manager Jullie outlined recommendations for an employee benefit
package for 1982:
1. The City will reimburse dental expenses incurred during
1982 by a family unit (employees and the employees' depen-
dents) subject to the following limitations:
A. Eighty (80%) of the first $200 in expenses will be re-
imbursed by the City within 30 days after receipt of
claims.
City Council Minutes -8- December 15, 1981
B. Payment by the City for orthodontics work will be
limited to 500 of the first $200. (Note: the life-
time limit for orthodontics is $1,000. )
C. The maximum annual payment under #A. and B. combined
is $160.
D. The Council has allocated $20,000 towards the plan
for 1982. There are 114 employees eligible to par-
ticipate. Any balances remaining in the fund as of
year end will be pro-rated to those family units having }.
claims in excess of $200. All claims for services incurred
during the year (January 1 - December 31) must be submitted
before 4/1/83. The prc-rated balances will be paid in May
1 83
2. The City pays the premium of $7,500 term life insurance and
accidental death or dismemberment insurance for each employee.
(This had been $5 ,000 in 1981 . )
3. One additional day of vacation will be added in 1982. This
will be taken as 4 hours on Christmas Eve and 4 hours on Good
Friday. Employees who must work at these times may use this
extra day as usual vacation time.
4. Two percent shall be added at each level to the amount of sever- i
ence pay paid to employees who leave the City in good standing .
1 ,. (This is unused sick leave. )
5. The City will reimburse 100°0 of the employee expenses for
tuition fees and books required for job-related educational
courses upon completion of the course with grade "C" or better.
Books and equipment paid for by the City shall remain the City' s
property. All courses to be approved by Department Head and
City Manager.
MOTION: Tangen moved, seconded by Bentley, to approve the Employee
Benefit Package for 1982 as shown above. Roll call vote: Bentley,
Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unani-
mously.
4. Transportation Advisory Board
MOTION: Tangen moved, seconded by Redpath, to nominate Dean Edstrom
for appointment to the Transportation Advisory Board of the Metropolitan
Council . Motion carried unanimously.
City Council Minutes -9- December 15, 1981
D. Report of Director of Public Works
1. Receive feasibility reports for Schooner Blvd. and related improvements.
and set Public Hearing for January 19, 1982, at 7:30 p.m. , I .C. 's 340A,
51-34OB, 51-308C and 51-335 Resolution No. 81-253
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-253 ,
receiving feasibility report and calling for a hearing for Schooner Blvd.
Motion carried unanimously.
X. NEW BUSINESS
Burdell Wessells of the Eden Prairie Lion ' s Club presented a check to the City
for $5,000 which is for playground equipment at Round Lake Park. Mayor Fenzel
accepted the check on behalf of the City and thanked the Lion's Club for their
continued support of City projects.
XI . ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 9:56 P.M.
Motion carried unanimously.
j
I►N
1. 6, ' 9t^F'.;a:, a c5�:^,r,:;;r m'q^•'^T'�r." a� .'
p,
x
_ =
Y