City Council - 04/06/1982 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 6, 1982 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. Juliie, City Attorney Roger
Pauly, Planning Director Chris Enger, Director of
Public Works Eugene A. Dietz, Director of Community
Services Bob Lambert, and Recording Secretary Karen
Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
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ROLL CALL: Councilman George Tangen was absent '
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1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: VIII . C. 1. Dues for 911 Emergency
Call Organization.
MOTION: Bentley moved , seconded by Redpath, to approve the Agenda as amended
a and published. Motion carried unanimously.
II . MINUTES
A. Regular City Council Meeting held Tuesday, March 16, 1982
Page 3, para. 6, add after the first sentence: "He noted that this was another
in a series of recent proposals by Preserve developers which involved very large
and massive appearing buildings. He inquired. whether more architectural diversity
couldn' t be introduced."
MOTION: Edstrom moved, seconded by Redpath, to approve the minutes of the
Regular City Council Meeting held Tuesday, March 16, 1982, as amended and
published. Motion carried unanimously. °
B. Canvassing Board P1eetincg held Tuesday_.. March 16, 1982 -
MOTON: Redpath moved, seconded by Edstrom, to approve the minutes of the
Canvassing Board Meeting held Tuesday, March 16, 1982, as published. Motion
carried unanimously.
City Council Minutes -2- April 6, 1982
C. Special City Council Meeting held Tuesday, March 23, 1982
MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Tuesday, March 23, 1982, as published.
Motion carried unanimously.
D. Special City Council Meeting held Tuesday , March 30, 1982
Page 1, last pa ra. , 3rd line: change "in" to "on. "
Page 2, first para. , add: "and the City had encouraged the efforts put forth
by its law firm_ "
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MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Tuesday, March 30, 1982, as amended and
published. Motion carried unanimously. a
III. CONSENT CALENDAR
A. Award bids for mowers
B. Clerk' s License List
C. Receive feasibility report for Golden Ridge Utilities and set Public Hearing
for 7.30 PM, May 4, 1982, I .C. 52-008 Resolution No. 82-61
D. Receive feasibility report for Utility Improvements on Kilmer Avenue and
Atherton Way and set Public Hearin for 7 :30 PM, May 4, 1982, I .C. 52-013
Resolution No. 82-62
E. Receive feasibility report for Ontario Blvd./Storm Sewer Improvements and set
Public Hearing for 7:30 PM, May 4, 1982, I .C. 51-298B Resolution No, 82-63
F. Agreement between the City of Eden Prairie and. Woodlake Sanitary Services , Inc.
MOTION: Redpath moved, seconded by Bentley, to approve items A - F on the Consent
Calendar. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye" with
Edstrom abstaining on item "A" (because the law firm with which he is associated
represents Toro. ) Motion carried.
IV. PUBLIC HEARINGS
A. SHERATON INN Eden Glen PUD) by P & L Investment Company. Request to rezone
from Rural to Regional Service Commercial District and preliminary plat the
property for a Sheraton Inn which property is part of the Eden Glen Planned
Unit Development. 5 acres located south and east of Eden Road and west of
Glen Road (Ordinance No. 82-05 - rezoning; and Resolution No. 82-50 - prelimin-
ary plat) -- Continued from March 16, 1982
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City Council Minutes -3- April 6, 1982
Ronald Krank, architect for the project, introduced Loren Pederson and
Paul Thomas, principals , and spoke to the proposal . The hotel is designed
for 152 guest rooms, four meeting rooms capable of holding 20 people in each,
a swimming pool , a banquet room, and a strong amenity package.
John Shardlow, planner with Howard Dahlgren and Associates, addressed the site
plan for the area.
Krank said there would be a request for four variances : the floor area ratio,
setback, parking and building height. He noted these are not unusual requests
since this is the "central business district."
Shardlow reviewed his "Parking Need Analysis" and stated shuttle service, if
and when necessary, might be provided to other parking areas in the area.
Planning Director Enger stated this proposal had been reviewed by the Planning
Commission at its March 8, 1982 , meeting at which time it recommended approval
(7-0) of the rezoning and of the preliminary plat subject to the recommendations
contained in the Staff Report of March 4, 1982. He noted the developer has obtained
the necessary variances from the Board of Appeals and Adjustments.
City Manager Jullie said the Parks, Recreation & Natural Resources Commission did
not make a direct review of this proposal . The cash park fee will apply to this
land.
Edstrom asked what is assumed to be the average number of persons per vehicle
for the parking. Shardlow said their calculations were based on one person per
vehicle per room and one vehicle per employee; for the purposes of support facili-
ties the figures were based on the requirements of the Ordinance (one space per
every three seats. ) The ballroom estimates were based on dining capacity. Penzel
asked Shardlow how realistic these estimates really are. Shardlow said the Urban
Land Institute and. Department of Transportation are now going to standards for
motor hotels which call for one car per room, one car per employee and 50% of
what had been the requirements for the remaining facilities due to the carryover
in use of these facilities.
Edstrom asked what the maximum capacity of the meeting rooms will be, Enger i
said 80 people is the capacity of the first floor meeting rooms.
There were no questions or comments from the public regarding this proposal .
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to i
give first reading to Ordinance #82-05, rezoning frorm Rural to Regional Service
Commercial . Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to request Staff to draft the
Developer' s Agreement including the recommendations of the March 4, 1982,
Staff Report, the recommendations of the Planning Commission, 20% of the parking
lot to be striped for compact cars, and arrangements be made to O rovide shuttle
service to parking nearby in the event additional parking is needed. Motion
carried unanimously.
City Council Minutes -4- April 6, 1982
MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-50,
( approving the preliminary plat of Sheraton Inn (Eden Glen 3rd. ) Motion carried y
unanimously. i
B. LAKE EDEN CARRIAGE HOMES by Zachman Homes, Inc. Request to rezone and prelimin-
ary plat 8. 7 acres from Rural to RM 2.5 which land is part of the Edenvale South
Planned Unit Development (PUD 73-11. ) Included with the zoning area variances
for setbacks and the use of wood as an exterior material . Located north of
Anderson Lakes Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning;
and Resolution No. 82-51 - preliminary plat) - Continued from March 16, 1982
All
MOTION: Bentley moved, seconded by Redpath, to continue this item to the
April 20, 1982, Council meeting at the request of the proponent. Motion carried
unanimously.
C. CITY WEST PHASES 1 - 3 by Richard W. Anderson, Inc. Request for approval of
rezoning from Rural to Office District and preliminary plat of part of the
City West Planned Unit Development. Included in the Public Hearing on the
proposed preliminary plat will be the consideration of the granting of vari-
ances , pursuant to Sec, 11 (relating to Planned Unit Developments) , Ord. 135
from the provision of said Ordinance applicable to the Office District, Lo-
cated east of New Shady Oak Road (Co. Rd. 61) and south of Crosstown 62 and
west of US 169/212 (Ordinance No. 82-07.,- rezoning; Resolution No. 82-60 -
preliminary plat)
Dave Sellergren, Larkin, Hoffman, Daly & Lindgren, Ltd, , representing Richard
Anderson, introduced Richard Anderson; Scott Anderson; Russ Saulon, architect;
and Warren Israelson, civil engineer. Sellergren then gave a brief history
and an overview of the project.
Director of Planning Enger stated the Planning Commission had reviewed this
proposal at its February 22, 1982 at which time it had recommended some revisions ,
At its March 8, 1982, meeting it unanimously approved the proposal subject to
the recommendations included in the March 5, 1982 Staff Report plus the addi-
tional recommendations noted in the Planning Commission Minutes of March 8, 1982.
Included in the recommendation is the cash park fee of $1400 per acre. Enger
noted the Parks, Recreation & Natural Resources Commission had reviewed the
proposal at its March 15, 1982, meeting and found it to be consistent with the
Planning Commission recommendations and recommended its approval.
Penzel asked if site restoration bonding was recommended. Enger said that can
be included in the Developer's Agreement. Dietz noted there is a standard clause
in the Developer' s Agreement which calls for bonding Qf restoration and land-
scaping.
Penzel asked Sellergren about the grading to be done in Phase 1. Sellergren
said the grading proposed now is the same degree of grading as was proposed last
Fall . Israelson used a map to show where and when grading would take place. Enger ;,
said the most extensive grading will be done in the first phase; «the key to it is
in the restoration.
City Council Minutes -5- April 6, 1982
Penzel asked if any consideration had been given to planting trees in the
ramps to soften the appearance. Saulon said the perimeter of the ramp would
have to be extended; it is a matter of the lesser of two evils -- extending
the ramp or not having trees.
Penzel inquired as to where the financing of these structures stands. Anderson
said he has a commitment for the first phase. Phase 1 will be completed in No-
vember of this year, phase 2 in April of 1983. The contractor will be Knutson
Construction.
Penzel noted there will be a request before the Board of Appeals and Adjustments
regarding signage on this site -- 8' x 10' multi-color signs . Enger said the
sign ordinance does allow a different procedure for review of planned unit de-
velopment sign packages. The developer could proceed through the Planning Com-
mission and return to the Council with a recommendation rather than going to the
Board of Appeals and Adjustments on a request of this size.
Bentley asked about the expansion and its effect on the berms along the roadway. a
Sellergren said they are waiting for the Shady Oak feasibility study to be
completed -- this might have some affect on the berms . Bentley asked about
storm water drainage. Sellergren said the storm water drainage on the site
will be self contained in the pond. Israelson further elaborated using maps .
Jerry Steelman, 6601 Golden Ridge Drive, asked if screening wili be taken into
consideration for residents of Golden Ridge who will be affected. Sellergren
said this was a condition of approval by the Planning Commission. They will
be contacting residents in the near future.
Warren Gerecke, 6622 Golden Ridge Drive, asked how long the grading will take.
Israelson said they hope to begin in about three weeks and it will take about
one and a half months to complete. At that time landscaping along the berm will
begin; landscaping on the site itself will begin when the buildings are fairly well
along.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Nearing and to
give first reading to Ordinance 82-07, rezoning from Rural to Office District,
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Bentley-, to request Staff to draft a Develop-
er' s Agreement taking into consideration the recommendations of the Staff Report,
Planning Commission , Parks, Recreation & Natural Resources Commission, and comments
made by the Council including ground coverage seeding. Also the successful comple-
tion of the feasibility study of Shady Oak Road should be done prior to the 2nd
Reading. Efforts should be made to contact the Golden Ridge Drive property owners
regarding screening. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-60,
approving the preliminary plat of City West Phases 1 - 3. Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Redpath, to have the Planning Commission
review the sign package and temporary sales office requests of the developer
and to advise the Council as to their recommendation. Motion carried unanimously.
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City Council Minutes -6- April 6, 1982
D. Public Hearing to consider request of Canterbury Restaurant, Inc. (Chester's)
for a liquor license Located at 7765 Mitchell Road
City Manager Jullie noted that record checks and background investigation of
all the prinicpals listed on the application submitted by Canterbury Restaurant '
Enterprise Incorporated had been completed by the Public Safety Department and
were found to be acceptable.
Doug Perkins, one of the principals , addressed the request.
Penzel noted that the number of licenses available in the City is 12 and
this, if granted, would be the the sixth. Bentley asked if consideration
had been given to requesting a beer/wine license. Perkins said they had,
but had concluded they wished full service.
Penzel expressed concern that should this license be granted, there would
not be any restaurants in Eden Prairie which do not serve liquor; some families
are unwilling to go to a place where liquor is served. Perkins said surveys now
show the majority would prefer this service and 'there is less of stigma than there
was even a few years ago.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
to grant 1st reading to the request of Canterbury Restaurant, Inc. for a
liquor license. Motion carried unanimously.
E. Vacation of Easements in Cardinal Creek
MOTION: Redpatn moved, seconded by Bentley, to continue the Public Hearing a
on the vacation of easements in Cardinal Creek to May 18, 1982. Motion carried
unanimously.
F. Feasibility_ report for Mariann Drive Utility Improvements, I .C. 52-017
Resolution No. 82-65
Director of Public Works Dietz spoke to the feasibility report which was
done after receiving a petition from two residents. He called attention to
a March 23, 1982, letter from Richard W. Jacobs, owner of one of the properties
which would be affected. (Letter is attached. ) Dietz said the difference in
cost between that proposed in the feasibili-ty study and that in_Jacobs' letter
would be about $500.
Bentley asked about the reference in Jacobs' letter to the comment that there
are currently no petitioners of record. Dietz said the Council has the pre-
rogative to issue special assessments and could do so+ if it felt necessary on
this proposal .
Walter B. Grannes, 4004 Standish, Minneapolis , joint owner of one of the properties.
and one of the original petitioners, spoke to the need for this improvement.
Mr. and Mrs. Barney Bjornsen , 6975 Mariann Drive, said the price 1s awfully high
for something they don' t need.
City Council Minutes -7- April 6, 1982
Gladys Grannes, 6990 Mariann Drive, asked what is equitable when the lots
to the south are not assessed. City Manager Jullie noted those lots had been
included in the Forest Hill Road project and were assessed at that time.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and
to adopt Resolution No. 82-6 5, ordering preparation of plans and specifications
for Mariann Drive Utility Improvements, I. C. 52-017. with the City assuming
responsibility for the cost of the storm sewer. Motion carried unanimously.
G. Feasibility report for Martin Drive Drainage Improvements , I. C. 52-007
(Resolution No. 82-64
Director of Public Works Dietz addressed the project and the findings of
the study.
Dick Kast, Metro Machine & Engineering, 8001 Wallace Road, asked if anyone
north of Highway 5 had helped pay for the storm sewer south of Highway 5.
Dietz replied he thought not_ Kast said he did not see why Metro Machine
should have to be assessed for the Martin Drive Improvement.
John Lassen, Equitable , said they have a an open drainage ditch and they
would be happy to pay their fair share of the project. They have the same
problem directly across the street from the area proposed to be served by
the improvement under consideration.
M. E. "Skip" Lane, F961 Alpine Trail , project supporter, spoke to the problems
r created by the open ditch.
MOTION: Bentley moved, seconded by Edstrom, to refer the matter back to Staff
for additional review specifically annual cost figures and to continue the
Public Hearing to April 20, 1982. Motion carries unanimously.
V. PAYMENT OF CLAIMS NOS. 1001 - 1269
MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos.
1001 - 1269. Roll call vote: Bentley, Edstrom, •Redpath, and Penzel voted "aye."
Motion carried unanimously.
VI . PETITIONS, REQUESTS & COMMUNICATIONS
A. Request by Lion' s Tap, Inc, to allow selling of beer at 10:00 AM on Sundays
City Attorney Pauly referred to the letter of March 17, 1982, from Anthony
L. Notermann, on behalf of Lion's Tap, Inc. Pauly said the State Statute
requires esta�)lishments selling beer to be closed from 1 a.m, on Sundays
to 12 o'clock noon. The City has no authority to vary that. He will send
a letter to Notermann regarding this.
City Council Minutes -8- April 6, 1982
( VII . REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
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A. Reports of Council Members
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1. Proclamation declaring May 7th as "Bob Carling Day_
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Bentley had noted the Chamber of Commerce has selected May 7th as the
day on which to honor Carling as"Minnesota' s Small Business Person of the
Year'at a dinner. The Mayor has proclaimed May 7th as "Bob Carling Day."
2. Tree City USA
Penzel said Eden Prairie has been named "Tree City USA" for its efforts
in reforestation. There will be a recognition event on April 29, 1982,
at 2 p.m. in the Governor's Reception Room at which time the award will
be officially received. All a re invited to attend.
B. Report of City Attorney_
City Attorney Pauly called the Council 's attention to developments in the
prosecution field: he has been advised by the County Attorney that the new
drunk driving law places the responsibility for gross misdemeanors under the
City Attorney rather than the County Attorney; the municipal court is requiring
the appearance of City Attorneys at arraignments of misdemeanor cases. The
latter has required additional time each month.
C. Report of City Manager
1. Dues for 911 Emergency Call Organization
City Manager Jullie said Hennepin Emergency Communication Organization
(HECO) dues are due. This organization has pursued the 911 emergency
number.
MOTION: Redpath moved, seconded by Bentley, to approve $416 in dues for
the Hennepin County Communication Organization. Roll call vote: Bentley,
Edstrom, Redpath, and Penzel voted "aye. " Motion carried unanimously.
D. Report of Director of Community Services
1. Community Center Policies
a) Racquetball Court Fees
MOTION: Redpath moved, seconded by Bentley, to change the racquetball
court fees as outlined in Director of Community Services Lambert's
memo of March 30, 1982. Motion carried unanimously.
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City Council Minutes -9- April 6, 1982
b) Policy on meeting room use
MOTION: Redpath moved, seconded by Edstrom, to adopt Staff recommendations
as outlined in the March 30, 1982, memorandum regarding the policy on
meeting room use. Motion carried unanimously.
c) Membership for foreign exchange students
MOTION: Redpath moved, seconded by Bentley, to offer a membership to
the Community Center for Eden Prairie's Foreign Exchange students. Motion
carried unanimously.
2. Quotes on roof for Grill House
Director of Community Services Lambert spoke to his memo of April 1, 1982.
MOTION: Edstrom moved, seconded by Bentley, to set April 20, 1982, as
the date for a Public Hearing for the purpose of amending the 1981 Community
Development Block Grant to include the roofing of the Cummins/Grill House.
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Bentley, to set April 27, 1982, at 7:30 p.m. as the
date and time for a special meeting of the City Council at which time codification will
be discussed. Motion carried unanimously.
3. Staring Lake Park Shelter
MOTION: Redpath moved, seconded by Bentley, to accept the base bid of
$74,637 and approve change order No. 1 as outlined in Director of Community i
Services Lambert' s memo of March 31 , 1982. Roll call vote: Bentley, Edstrom,
Redpath and Penzel voted "aye. " Motion carried unanimously.
4. LAWCON application for 1983
MOTION: -Redpath moved seconded by Edstrom that the City apply for develop-
ment
funds for Staring Lake Park for the 1983 LAWCON/LCMR grant application.
Motion carried unanimously. "
E. Report of City Engineer
1. Award contract for Autumn Woods , Phase I, I . C. 52-016A (Resolution No. 82-66)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-66,
accepting bid for Autumn Woods Phase 1, I .C. 52-016A. Motion carried unani-
mously.
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2. Modern Tire Water Service (Resolution No. 82-67)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-67,
requesting Mn/DOT to install a watermain crossing near Modern Tire in con-
junction with Vo-Tech/TH 169 project. Motion carried unanimously.
City Council Minutes -10- April 6, 1982
3. Administrative split of part of RLS No. 751 on Sunnybrook Road west of
Homeward Hills Road; request by R. J. Ekert
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Director of Public Works Dietz spoke to his memo of April 1, 1982, which
addressed the subject.
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Dennis Moriarity, attorney for the estate of the fee owner, spoke to the
desire for the split.
R. J. Eckert, proponent, reviewed the steps he had gone through and the
Staff members with whom he had spoken in the process of attempting to
subdivide this property. He noted he had been granted a variance by the
Board of Appeals and Adjusments.
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Edstrom asked how this property is zoned. Dietz said it is zoned Rural .
Edstrom stated lots of less than 5 acres are not allowed in Rural areas.
Moriarity said he thought it would be wise for the Council to abide by the
decision of the Board of Appeals & Adjustments since it appears they are
the Board which deals with matters such as this on a regular basis.
Dietz said Staff had reviewed the Board of Appeals & Adjustments findings
and had noted the lot size -- one tract would be divided into two lots ,
one of 3.8 acres and another of 0.75 acres. Staff felt that going to a '
Tot this small was a matter of rezoning and not of granting a variance
4Land therefore chose to call it to the Council 's attention.
Bentley said perhaps the proponent should seek a rezoning through the
normal process.
City Attorney Pauly stated if it is the CouncillIs intent to review the
Board of Appeals and Adjustments decision within 45 days of the date the
action was taken by the Board, which was March 18th, then the Council
must set a date for a Public Hearing within a period of 60 days.
MOTION: Edstrom moved, seconded by Redpath, to review the action of the
Board of Appeals & Adjustments and to set a Public Hearing for May 4, 1982.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath , to direct City Manager Jullie
to discuss with Staff the matter in which matters such as this are reviewed
by the Staff. Motion carried unanimously.
4. Schooner Blvd. Grading and Access (Resolution No. 82-68)
City Manager Jullie addressed the grading to be done and access in the
Schooner Boulevard area.
The Council discussed various ways of accomplishing what needs to be done.
Tim Pierce, agent for the City in negotiating rights of entry and easements,
stated he has verbal approval and signed agreements in hand pending the
adoption of this Resolution.
City Council Minutes -11 April 6, 1982
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MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-68, 1
recognizing grading and access necessary for development in the MCA. Motion
carried unanimously.
5. Edenvale land alteration permit
City Manager Jullie stated this request had been withdrawn.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 11:56 p.m.
Motion carried unanimously.
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