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City Council - 10/05/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL ' TUESDAY, OCTOBER 5, 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. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE x INVOCATION: Councilman George Bentley d ROLL CALL : Councilman Dean Edstrom was absent I . COMMENDATIONS TO SUPERVISORS OF PUBLIC SAFETY RESERVE UNIT, SGT. BOB MJOLSNESS {4 AND ``GT. RON FUNK Mayor Penzel reviewed the work of the Public Safety Reserve Unit and read the letters of commendation which were then presented to Sgt. Bob Mjoisness and Sgt. Ron Funk. (Copies of which are attached. ) i II . DONATION OF PLAQUE FOR THE COMMUNITY CENTER FROM SMILEY GLOTTER ASSOCIATES, INC. s Gary Nyberg, representing Smiley Glotter Associates , Inc. , presented a plaque for the Community Center with the following message "Dedicated to the Citizens of Eden Prairie and Their Spirit of Recreation. Mayor Penzel accepted the plaque on behalf of the residents of Eden Prairie. III . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda : XI . New Business: A. Request to Authorize Repairs to City Hall Roof. The following items were moved from the Regular Agenda to the Consent Calendar: IX. A. _Resolution No. 82-23.2 , setting fees for the City of Eden Prairie becomes V. G. , and X. D. 1 _Receive 100% petition for morel imi nary grading of Si n 1 etree Line-_-and authorize preparation of plans and specifications , I .C. 52-038 (Reso- lution No. 82-242 becomes V . H. i City Council Minutes -2- October- 5, 1982 MOTION: Bentley moved , seconded by Tangen , to approve .the Agenda and Other Items of Business as amended and published. Motion carried unanimously. IV. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY , SEPTEMBER 7, 1982 The following sentence was added to paragraph 7: "Hill noted that the Walden townhomes subdivision in Burnsville which he was involved with was done -in this manner and there were no problems in marketing either the single-family or- the townhomes. " MOTION: Redpath moved , seconded by Bentley, to approve the Minutes of the Regular City Council Meeting held Tuesday, September 7, 1982 , as amended and published. Motion carried unanimously. V. CONSENT CALENDAR A. -Clerk' s License List B. Change Order Number _3_,_ Water Supply Wells ,_ I .C. 51-354, Contract #1 C. Chan_qe_ Orde r Number I , Elevated Storage Reservoir, I .C. 51-354, Contract #2 D. 2nd Reading of Ordinance No. 8-82, rezoning Edenvale 15th Addition from Rural to RM 6.5 for townhouses and approval of Developer' s Agreement. Located at the end of Edenvale Bou ievdr'd.) - (first read as Ordinance No. 82-19) E . Final Plat approval for Cif West (Resolution No. 82-238) F. Set Public Hearing Date for November 16, 1982 on modification of the development �ent Program for Develo District No. 1 and establishment of proposed Tax In- crement District No. 3 and- the adoption of a Tax Increment Financing Plat; rep Kati thereto 4---- —V- --- - — --^ - -�G. Resolution No. 82-232, settingfees _for the City of Eden Prairie (formerly H. Receive 100%petition for preliminary qradin g of_Sin letree Lane and authorize_ reparation of plans and specifications , I .C. 52-038 Resolution No. 82-242�- formerly X . D. . - ^— City Attorney Pauly called attention to the new format for Ordinances and also to the new number which was given to item "D" because of the new City Code. Bentley questioned the terminology "expires June 30th" which is referenced in the new Fees Resolution. City Attorney Pauly suggested that be deleted where ever it is mentioned. MOTION: Redpath moved, seconded by Tangen , to approve items A - H on the Con- sent Calendar with the additions and corrections as noted. Motion carried unani- mously. _ City Council Minutes -3- October 5, 1982 VI . PUBLIC HEARINGS ( A. 1982 SPECIAL ASSESSMENTS PUBLIC HEARING (Resolution No. 82-230) - Continued from September 21 , 1982 City Manager Jullie explained the procedure to be used. Director of Public Works Dietz reviewed individual project parcels which had been continued. I . C. 51-409 (#5. ) Director of Public Works Dietz addressed his discussions with the Bearmans. (See attached letter. ) Dietz recommended removal of the proposed assessment for trunk sewer and water because it had been previously assessed; the amount assessed for sanitary sewer shall be removed because it had been previously assessed; and reductions as noted. MOTION: Redpath moved, seconded by Tangen, to accept the revised recommen- dation. Motion carried unanimously. I.C. 52-001 (#6. ) Director of Public Works Dietz noted that Sutton had requested a deferment until rezoning or development; his objection to the assessment would then be withdrawn. MOTION: Redpath moved, seconded by Bentley, to adopt the revised recommen- dation. Motion carried unanimously. f I .C. 52-038 (#14. ) I MOTION: Bentley moved, seconded by Tangen to table action on this item to allow City Attorney Pauly time to review it. Motion carried unanimously. (See last page of Minutes. ) SUPPLEMENTALS Director of Public Works Dietz recommended that the assessments to the Conner property for trunk santiary sewer and water and lateral sewer and water be dropped due to the unusual circumstances. MOTION: Redpath moved, seconded by Tangen, to delete the assessments on the Conner property at 12800 Valley View Road from the assessment: rolls. Motion carried unanimously. City Manager Jullie stated there had been indications that a formal appeal would be filed by the Vikings II , Inc. and the Minneapolis Retail Meat Cutters & Food Handlers Pension Fund. Because of this , formalized testimony was taken. Assistant City Attorney Rick Rosow was present to oversee the pro- ceedings. Also present was William Belkengren, a court reporter, who made a transcript of the proceedings . City Council Minutes -4- October 5, 1982 Assistant City Attorney Rosow reviewed what had transpired to this time. He noted who would be called to testify and what the rebuttal procedure would be. David Anderson, attorney with Peterson, Bell & Converse, stated he was present to represent the Minneapolis Retail Meat Cutters & Food Handlers Pension Fund. There was no one present to represent the Vikings II , Inc. The following were sworn in by the court reporter: Bob Martz, City Assessor; Eugene A. Dietz, Director of Public Works; Russell Smith, private appraiser; and Chris Enger, Planning Director. Dietz addressed his memorandum of October 5, 1982, directed to the Mayor and Members of the City Council . City Assessor Martz spoke to his memorandum of October 4, 1982, to the City Council . t Director of Planning Enger addressed his memo of October 4, 1982, regarding i road improvements in the Major Center Area. A Russell Smith spoke to the report he had compiled. i (All of the referenced memoranda are attached as are the "Findings of Fact" for both parcels as compiled by Assistant City Attorney Rosow. ) David Anderson, representing the Meat Cutters, stated its property already had access and did not feel the benefit to the property was commensurate with the assessment. Daniel Enblom, 10600 Valley View Road, asked about his grandmother's (Mrs. Myrtle Peterson) written objection. Director of Public Works Dietz said her assessment will be deferred until the property is rezoned and/or devel- oped (as is all homesteaded property in the district) ; this parcel had not been continued. Penzel noted that the Meat Cutters had agreed to appropriate upgrading of Valley View Road when they were in with the concept plans for their parcel . Penzel asked Planning Director Enger about the ingress and egress plans for the area. Enger noted the improvements at the 494/18 intersection which were recently completed have made ingress and egress to the Viking's parcel differ- ent than before and will be improved with the improvements now underway in the Major Center Area , all of which plans were known by the Vikings prior to the start of the development of their facility. MOTION: Bentley moved, seconded by Redpath, to adopt the area-wide assessments as per Staff recommendations and to adopt the "Findings of Fact" as submitted by Assistant City Attorney Rosow for the Vikings II , Inc. and Meat Cutters parcels; and the include the various memoranda referred to this evening. Tangen stated since he did not have the opportunity to second the motion, he wished to indicate he supported the motion based on what he had heard this evening. VOTE ON MOTION: Motion carried unanimously. City Council Minutes -5- October 5, 1982 r B. CHERNE CONTRACTING CORPORATION by Cherne Contracting Corporation. Request w to rezone 17.43 acres from Industrial to Office for an 83,000 square feet corporate headquarters and approval of an Environmental Assessment Worksheet, e Located south of West 78th Street (1-494) frontage road and between Gelco and Cabriole Center. (Ordinance No. 4-82 - rezoning, Resolution No. E2-224 preliminary plat, and Resolution No. 82-223 - EAW) Continued from Septem- ber 21, 1982. City Manager Jullie noted the Public Hearing notice had been published and the proposal will have to referred to the Board of Appeals for variances. Dave Johnson, Vice President of Cherne Contracting Corporation, introduced Bill Cherne, Assistant to the President, and Tom Stahl , architect. Johnson then addressed the proposal . Director of Planning Enger stated the Planning Commission had reviewed this proposal at its August 23, 1982, meeting at which time it recommended approval of the rezoning request subject to the recommendations included in the August 19, 1982, Staff Report. The Commission also recommended approval of the finding of no significant impact for the Environmental Assessment Worksheet. The Planning Commission felt some Items in the Staff Report should be deleted and left to the discretion of the Parks, Recreation & Natural Resources Commis sion. W Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its meeting held Septem- ber 20, 1982 and had recommended approval as per the recommendations of the Staff Report and included a scenic easement dedication along aline proposed by Cherne Contracting and payment of the cash park fee. The Commission also felt a fence or vegetative barrier should be required and planted during site construction. On October 4, 1982, the Cormission reviewed the Lambert memo of September 29, 1982, to the Mayor and City Council . This referred to the dedication of land in lieu of cash park fees. The Commission unanimously recommended accepting this proposal . Redpath said he appreciated Cherne's hiring a naturalist. Tangen asked if parking was allowed on West 78th Street. Director of Public Works Dietz said parking is allowed only in some areas. Bentley said he thought it would be easy enough to extend those no parking areas to include the whole Street. Tangen thought it would be a good idea to post the street since there would be less than the usual number of parking places in the Cherne proposal . Redpath asked how the westerly delivery access drive would be shielded from the lake side. Johnson said it would be below ground level and would not be visible from the lake. Director of Community Services Lambert said the high oak hill on the lake side would also shield the delivery access point. Penzel asked what the intended use of the peninsula would be. Johnson said a walking path would be the only thing proposed. City Council Minutes -6- October 5, 1982 Bentley asked about the variance which would be necessary relative to the height of the building. Enger said the Board of Appeals would have to review that request however the height would be consistent with what is already along the north side of the lake. Bentley said he would encourage employers in this area to participate in the Chamber of Commerce's Rideshare Program which would help to reduce the number of parking spaces necessary. Johnson noted Cherne has implemented its own rideshare program within its own corporation already. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 4-82 (100' south of the. sewer easement. ) Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 82-224, approving the preliminary plat of Cherne Contracting Corporation. Motion carried unanimously. i MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-223, a . finding the Envinronmental Assessment Worksheet for Cherne Contracting Cor- poration a private action which does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft the Developer' s Agreement, taking into consideration the recommendations included in the Staff Report, those of the Parks , Recreation & Natural Resources Commission and the Planning Commission, the various dedications , and fencing Cas needed to preserve the environment. Motion carried unanimously. f Tangen requested Staff to look into fencing and/or boundaries of properties along Anderson Lakes so there will be some uniformity if barriers are necessary. Penzel concurred; Staff is advised to undertake that review. i C. REQUEST FOR HOUSING REVENUE BONDS BY G & D ENTERPRISES_ (BAYPOINT MANOR APART- +. MENTS IN THE TMOUNT OF T7—,000,000.00 (Resolution No. 82-239 City Manager Jullie stated official notice of the Public Hearing had been pub- lished and gave some background on the request. Dick Smith, representing Jim Miller Construction, and Art Piehl , Knutson Com- pany, were present to answer questions. City Attorney Pauly said he had reviewed the Resolution and as the result of his comments ,the bond counsel had supplied the City with a new Resolution. There were no Comments from the audience. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing. Motion carried unanimously. Redpath said he felt there is a need for housing in Eden Prairie and this proposal would provide that. f City Council Minutes -7- October 5, 1982 MOTION: Redpath moved, seconded by Tangen , - to adopt Resolution No. 82-239, relating to the issuance of revenue bonds pursuant to Chapter 462c, Minnesota i= Statutes. x Bentley stated he still does not have a good feeling about the use of housing revenue bonds . He said he has objected to the project from the beginning. He understands the need for rental housing in the City but felt it should be accomplished through private financing. Penzel said he appreciated Bentley's concerns but he did not feel there was much difference between industrial revenue bonds and housing revenue bonds. He said if one is legitimate then the other must be also. He said it is a legislative device. He supported the application recognizing the need for housing in Eden Prairie. VOTE ON MOTION: Motion carried with Bentley voting "no." D. BURGER KING by Burger King Corp. Request for rezoning of .8 acre from Rural to C-Reg-Serv. , and preliminary plat approval to construct a Burger King restaurant. Located in the northwest corner of Glen Lane and Singletree Lane. (Ordinance No. 6-82 - rezoning, and Resolution No. 82-234 - preliminary plat.) City Manager Jullie noted official notice of this Public Hearing had been published and property owners had been notified. John Shardlow, planner with Howard Dahlgren and Associates, introduced Chet Sazenski , president of Jesco; Paul Sutherland, regional vice president of Burger King; Dennis Trissler, site development engineer; Bill LaPanta, project realtor; Jim Benshoof, traffic engineer; and Geoff Martin, landscape architect. Shardlow then addressed the proposal . Sutherland then introduced his operations team including Jay VanDelson, area manager; Mark Roedal , district manager; and Dave Pauly, district manager. He said Burger King would hope to employ 50 - 70 full and parttime employees; they believe in community involvement - last year they sponsored a midget hockey team and this year they are planning to sponsor a bantam traveling team and a pewee house team. He reviewed their menu. Sutherland said they would love to be a part of Eden Prairie. i Director of Planning Enger stated the request was considered by the Planning Commission at its September 13, 1982, meeting at which time the Commission voted to recommend approval of the rezoning request and the preliminary plat. Enger noted the September 3, 1982, Staff Report had looked at both the pros and cons'which were then laid out in a comparative manner. Director of. Community Services Lambert said the Parks, Recreation & Natural Resources Commission had not reviewed the proposal because the only issue was cash park fees and those would be automatically included. City Council Minutes -8- October 5, 1982 Bentley questioned some of the figures in the office building occupancy rates for the Southwest Metro Area in tables presented in material in the Council packet. LaPanta later noted this was put in as a "rule of thumb" guide. Redpath stated the Council had recently allocated approximately $18 million in a ring route. He would like to see Burger King on the outer perimeter. He would not like to see the Major Center Area developed in a helter skelter fashion due to the heavy assessments which have been placed upon the property owners. Bentley said he would concur with Redpath's comments. He stated at the time of PUD approval he expressed a concern that this area was going to become a fast food strip. He noted there were conditions imposed at that time that there would be no more than two fast food restaurants on that site. Shardlow reviewed the Eden Glen Planning Unit Development document which had been submitted along with the Design Framework Manual . He said they are not advocating a fast food row but rather a a building which is of high quality and is consistent with the overall planned unit development. He noted the proposal had been reviewed by the developers of the Sheraton Hotel and they r had found it to be acceptable; and, they would, in fact, support a standard restaurant between them and the Burger King proposal . He said he felt Jesco had made a major contribution to the City in that they had spent about $400,000 in earth work to make their property developable. Helen Martin, 8482 Eden Road, said they are opposed to the restaurant because they get up at 4:30 a.m. -- their home is due west across Eden Road from the proposed Burger King. She expressed concern about the additional traffic which would be generated by the restaurant. Enger asked for direction as to where the Council would like to have fast food restaurants located. Penzel said he, too, agreed with Redpath's concerns. He asked what the hours of operation would be. Sutherland said last summer some Burger Kings tried late night drive- throughs-- some stayed open until 4 a.m. , others until 2 a.m. He said it all depended on what was warranted. During the school year, he pointed out, it is harder to find employees who are able to stay past midnight. He could not say definitely what the hours would be. Redpath noted the situation in the Southdale area off of Xerxes Avenue where there are a couple of fast food restaurants and the traffic situations which are created there during the noon hour. He reiterated his desire to see this proposal on the periphery. LaPanta said there have been numerous offers to buy this property -- all of which have been turned down because neither he nor Sasenski felt they were appropriate. He said he does not consider the Kentucky Fried Chicken a fast food restaurant because the home owner usually does not eat on the premises. He said he has been at Hardee's at 11:25 a.m. and you can hardly get in -- it is his opinion that there are people in the City to be served by a restaurant such as Burger King . ti City Council Minutes -9- October 5, 1982 Penzel said he felt there was universal recognition that there would be bene- fits froms having a Burger King type restaurant in the Major Center Area ; the question -revolves around the issue of whether this site is the appropriate location or not. He noted the Council is wrestling with whether or not the concepts of use that were provided for by Jesco in the original PUD are still there and the desire to provide for a well-structured Major Center Area with a well rounded mix of commercial development. Tangen felt the key to the development is whether or not the Sheraton will . be built. He indicated that if the Sheraton does come in, then, in a sense, the concept does change completely and Burger King might fall into a support service. At this time, however, he would find it difficult to support with- out the assurances that the other proposal will perform. He said he does not like the idea of a fast food strip. He is not anti Burger King; he appreciated the aesthetics of what they are trying to do and the quality of their operation. Sasenski said he felt the PUD indicated their intentions but also allowed a certain latitude where they might vary. He said they have turned down buyers after reviewing their plans. It is their feeling that Burger King fits into the quality of development they hope to complete. He felt the streets in the area have been built to handle the traffic which will be generated. He said he felt the Martin property would eventually be zoned commercial so theirs is a temporary complaint, if legitimate. Redpath indicated there are three restaurants west of here on TH5 which people go to. Traffic studies show the same traffic goes past the VoTech School a mile down TH169/212 as goes past Singletree Lane. Sasenski noted that Shardlow had shown what. other municipalities such as Rose- ville have allowed. Penzel said it has never been the case -- and never will be -- that the guidelines for the City of Eden Prairie are based on what is done in another city. He said there was a straight conflict situation here which might be approached thusly: a vote could be taken and if it fails things are closed as far as this proposal on this site goes for a year, or the matter could be continued for further review, or the proposal could be withdrawn. He urged the proponents to make that consideration. He said if they wished to consult among themselves , he would be glad to entertain that request and ask the Council to table consideration at this time until after discussion on the Edenvale 9th proposal . He indicated he did not think the issue would be resolved due to the polarization shown. Shardlow said he appreciated the Mayor' s candor and asked to hear from other d members of the Council -- he felt Tangen had indicated his position and what sort of change would justify consideration of the proposal and wished to find out what the feelings were of the other members of the Council . Bentley said he would be happy to see Burger King in Eden Prairie but he would not vote in favor of another fast food site on this site because of his basic premise upon which his original vote for PUD approval was based and that was the original concept for this project. He did not like the clustering effects of fast food restaurants . He would entertain another type of restaurant -- something like a Perkins , but nothing which would be classified as a fast food restaurant. p City Council Minutes -10- October 5, 1S82 Penzel said he had some sympathy with Tangen' s position. He said he believes there would be a reassurance in the knowledge of what is going to happen with the Sheraton as this will have a major impact on this whole section of the City and not only the Eden Glen PUD. Redpath said he thought Hardee's had been assured there would be no other fast food restaurants there. Sazenski said they had an agreement with Har- dee' s that there would be four fast food restaurants which would be excluded from building along Highway 169 only and not on the other side of Glen Lane. Penzel said the merits of what Hardee's agreed to was their business and should not be the concern of the Council . Sha rdlow asked if the Mayor's offer of deferring considerdation might be taken given the amount of time and effort and money which had been put into the proposal . Penzel said the matter could be tabled. Trissler, indicated he was speaking for the corporation , requested the Council 's vote. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to deny 1st Reading of Ordinance No. 6-82. Motion carried unanimously. Penzel indicated a motion on the preliminary plat would be moot. He asked if the Council members wished to restate their findings. Redpath said his vote was based on the impact on Prairie Center Drive and the ring route and he felt it would be wrong to change the PUD at this time. Penzel said that was basically his judgement. The City has consistently encouraged a variety of mixed uses. From a traffic circulation standpoint he felt this would only create problems. Tangen noted he stood by his earlier statement. Bentley said he had indicated his objections earlier. He said he had based his original vote on the fact that there would be no more than two fast food restaurants on that side. He also felt traffic problems would be created on Eden Road. Penzel said the City Attorney had suggested the Council might wish to recon- sider its action and defer the matter to Staff based on the Council 's input as had now been provided so that a resolution of denial including the findings of fact might be prepared. This resolution would be considered at the next Council meeting. Tangen said since the proponent had requested a vote, would the Council not be complying with his wishes if it were rescinded? City Attor- ney Pauly said that was correct, but in order to make the record clear formal findings should be prepared. Pauly noted that while the request of the pro- ponent would not have been fulfilled tonight, it would be at the next meeting. City Council Minutes -11- October 5, 1982 Tangen indicated he would not be at the next meeting and therefore would not be able to have the opportunity to vote -- and he wished to do so based on his comments this evening. Pauly said the matter could be continued for presentation at another meeting at which Tangen would be present. Bentley said fie felt it was a sad day in the state of governmental affairs in this country when the Council could not vote "no" on a project strictly on some pretty strong feelings. MOTION: Redpath moved, seconded by Tangen, to reconsider the motion of denial and to return the matter for preparation of a resolution of findings of fact to the Staff. Motion carried unanimously. E. EDENVALE 9th ADDITION (REVISED) By Equitable Life Assurance Society. Request for development of Edenvale PUD 70-04, Planned Unit Development Concept approval for office and industrial uses on 100 acres , preliminary plat approval , and possible variances. Located north of TH5 and west of proposed Prairie Center Drive. (Resolution No. 82-235 - PUD and Resolution No. 82-236 - preliminary plat) City Manager Jullie noted official notice of the Public Hearing had been published and notices sent to adjacent property owners. 1 } Richard Krier, Westwood Planning & Engineering, addressed the proposal . Dennis Marhula, representing the same firm, spoke to the grading plans. Director of Planning Enger stated the Planning Commission had reviewed this proposal at its September 13, 1982, meeting and recommended approval i of the PUD concept and the initial preliminary plat subject to the recommen- dations included in the September 10, 1982, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its September 20, 1982, meeting as per the Planning Staff Report. The Commission had taken a second look at the proposal at its October 4, 1982, meeting -- Lambert's memorandum j to the Mayor and Council dated September 29, 1982 =- regarding tree removal . The recommendation was to have the boulevard trees planted in conjunction } with the building of the loop road. This would lessen the impact of the trees which would have to be removed for construction. Krier speake t-- the recommendation and said they would agree to do the planting. Bentley asked what the highest point of the hill is? Krier said 940' . A discussion ensued on the sl-ope visavis location of buildings. Bentley asked what the total square footage of the project would be? Krier said 651,000 square feet. `s Tangen asked that the top of the hill be softened when the final grading is accomplished. MOTION: Bentley moved, seconded by Redpath , to continue the meeting beyond the 11:30 p.m. deadline. Motion carried unanimously. City Council Minutes -12- October 5, 1982 Penzel asked Walter Klus, representative of Northwestern Banksouth, if he would be willing to accept a 3: 1 slope. Klus said he had not had time to look at the proposal before this evening. There were no other comments from the audience. MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 82-235, approving the development of Planned Unit Development of Edenvale. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-236, approving the preliminary plat of Edenvale 9th Addition. Motion carried unanimously. 1 MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations included in the Staff Reports, those of the Planning and Parks , Recreation & Natural Resources Commissions, phased grading starting in the west with the eastern portion to be included in phase two, and the elevation to be at 921' or higher. Motion carried unanimously, F. VOLUNTEERS OF AMERICA request to amend 10-12 PUD (Bryant Lake Center PUD) to construct an enclosed walkway between buiTdin s 5 and 6 with a zero 'lot line setback. 7460 Market Place Drive. Resolution No. 82-237 MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 82-237, approving the development of Planned Unit Development for Bryant Lake Center. Motion carried unanimously. G. VACATION OF EASEMENTS IN RIDGEWOOD WEST (Resolution No. 82-214) Director of Public Works Dietz addressed the vacation of easements. MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 82-241 , vacating the utility and drainage ease- ments in Block 7 Ridgewood West. Motion carried unanimously. VII . PAYMENT OF CLAIMS NOS. 3977 4176 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 3977 - 4176. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS , There were no reports. IX. ORDINANCES & RESOLUTIONS A. Resolution No. 82-232, setting fees for the City of Eden Prairie This item was moved to the Consent Calendar as V. G. City Council Minutes -13- October 5, 1982 B. 2nd Reading of Ordinance No. 5-82, rezoning 2. 5 acres from Rural to C-Rem-Ser for Northwestern National Banksouth by Banco Properties , Inc and Developer's Agreement Walter Klus , representing Northwestern Banksouth, said he did not think they would agree to a 3: 1 slope if they had to grade Equitable's property at Banco' s expense. MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance 5-82. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft a Developer' s Agreement taking into consideration all the recommendations previously considered and contingent on a 3: 1 slope being accomplished to the top of the hill . Bentley said he found it amazing and interesting that Klus had not looked at the cost of the grading before now. Klus said he had not known what Equitable wanted until tonight. Tangen said a 3: 1 slope extended to the top of the hill was what had been proposed by the City Council at the last meeting. Penzel said publication of the Ordinance might be withheld until { the Developer' s Agreement is signed. City Attorney Pauly said that is not a good lever and is really a housekeeping matter. Redpath said he thought the two parties should work it out -- the Council could not settle it for them. Bentley asked the City Attorney if the City Council could make it mandatory to have certain requirements go beyond the perimeters of a site. Pauly said he would be very hesitant to say it would. VOTE ON MOTION: Motion carried unanimously. . X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 9 Councilman Tangen had to leave the meeting at 11:50 p.m. Prior to his departure the following items, requiring four votes, were acted upon: X. B. 1. 1983 City Budget; XI . A. City Hall Roof Repairs. Tangen noted he had no objection to the remaining items on the Agenda. Penzel said perhaps the time has come to cul-de-sac the eastern portion of Blossom Road now that Bennett Place is done due to the hazardous intersection of Blossom and County Road 1. Director of Public Works Dietz said he would look into this. Bentley spoke ,.to Resolution No. 82-243, requesting t he Metropolitan Council to modify the draft Transportation Development Policy Plan for 2000. He said he had had a call today from concern for Highway 5. The Plan will be discussed by Charles Weaver, Metro Council , at 7:30 a.m. , Tuesday, October 12, 1982 . There will be a public hearing by the Metropolitan Council that same evening in St. Paul . The City has been asked to adopt a Resolution which can be presented at that meeting. Penzel said the City should not give the Highway Department justification for not doing anything to Highway 212 by requesting improvements to Highway 5. Enger said the report does not acknowlege the fact that Highway 5 is a part of the metropolitan road system. City Council Minutes -14- October 5, 1982 Redpath said it is criminal to play their game when it must be done. The road has needed improvements for a number of years. Game playing will only result in further delays. Penzel said he did not feel the City should support improvements on Highway 5 when it has been supporting Highway 212 for 20 years. Penzel said he was sure the upgrading of Highway 5 would happen in the very near future anyway. City Manager Jullie said the City could ask for safety improvements which are called for. Bentley said he could support Highway 212 as a major transportation route through a the City but the City should note that TH5 and TH169 are deficient at this time. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-243. Motion carried unanimously. Bentley noted that Don Brauer will head up a task force for the Chamber of Com- merce which will look into drafting a Master Plan for the Major Center Area. B. Report of City Manager 1. Resolution No. 82-240, approving the 1983 City Budget City Manager Jullie spoke to his memorandum which showed the , changes which the Council had requested. Director of Finance Frane said the County will have the information back to the City as soon as possible so the mill rate can be determined. MOTION: Bentley moved, seconded by Redpath, to approve the 1983 Budget as amended — Resolution No. 82-240. Motion carried unanimously. C. Report of City Attorna There was no report. D. Report of Director of Public Works 1. Receive 100% petition for Preliminany gradin2of Sin letree Lane and authorize preparation of plans and specifications , .C, 5 ,-038 (Resolution No. 82-242) This item was moved to the Consent Calendar as item V. H. h h Jfir r+3 ` City Council Minutes -15- October 5, 1482 ` U . NEW BUSINESS A. Request to Authorize Repairs to City Hall Roof. City Manager Jullie spoke to the memorandum of October 5, 1982, from John Frane to the Mayor and City Council regarding the City► Hall roof. MOTION: Redpath moved, seconded by Bentley, to authorize roof repairs for City Hall with the cost to be approximately $20,000. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. I .C. 52-308 t This item was removed from the table -- continued from page 3 of these Minutes. City Attorney Pauly said that a problem arose because no notice has been given to the property owners telling them of the assessment. The petition for a public improvement does not preclude an assent to the assessment and amount of benefit to the property. He suggested the assessment be delayed and the assessment notice and hearing can be held at a later date with the assessment 4 not appearing on the rolls until 1984 -- this would be in accordance with the Statutory scheme of things; the alternative would be to approve the assessment this evening with qualifications --pending hearing from the property owners that they would waive the public hearing -- this would raise problems should someone question the approach. Bentley asked if the request to put in the road could still proceed since the equipment is in the area. Pauly said since the improvements have been ordered in, work can proceed. MOTION: Redpath moved, seconded by Penzel , to levy the assessment this evening and to procure written consent from the owners (draw a document which specifies the properties and owners or mortgagees and which indicates this is acceptable to them. ) Motion carried unanimously. Elderly Housing —Director of Planning Enger said Representative Frenzel 's office had notified the City that a Section 202 project for 61 units of elderly housing had been approved for the area west of Prairie Village Mall . XII . ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:24 a.m. Motion carried unanimously. - - - -