City Council - 08/02/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
JAY, AUGUST 2, 1983 7:30 PM, CITY HALL
,CIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George;'
Bentley , Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Manning Director Chris Enger, Director of '
Community Services Robert Lambert , Director of
Public Works Eugene A. Dietz , P)irActor of Public
Safety Jack Hacking, and Recording Secretary Karer;
Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: III_; L . Resolution No. 83-189,
establ ;sh_ina just compensation and authorizing offer to_ acguire acquisition
4Lparcel number 28, Edendale site , _prperty identification number 08-116-22-43-0028
and Resolution No. 83_190, authorizing sale of 2.95 acres of land to Fdendale
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Residence,_ylnc� and IX . A-.- 1. hentley.
110FION: Bentley moved, seconded by Tangen , to approve the Agenda and other
items of business as amended and published. Motion carried unanimously.
II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY , JULY 5 . 1983
Page 5, last para. , line 3: change "Cabriolle" to "Cabriole" ,
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City
Council meeting of July 5, 1983, as amended and published, Motion carried with
Bentley abstaining.
CONSENT CALENDAR
A. Clerk ' s License List
B. MWCC Permit Application - Edendal a El derl,y Hous i n� Project (Resolution No,
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83- 185�
C. Contract_ Amendment Number 2, Mitchell^Road/Technology Drive_ _I_C_. 52-010
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D, Change___ ge __Order Number 2, Southwest-------__- _ _ Leg Prairie _Center Drive, I .C_, 51-398
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City Council Minutes -2- August 2, 1983
E. Set Public Hearing for sanitary sewer easement vacation , Lot 4 Block 1 ,
Prairie Fast Fourth Addition for September 6, 1983
F. Set Public Hearingfor easement vacation, Lot 8, Block 1 , Edenvale 14th
Additian _for September 6, 1983
G. Set Public Hearing for easement vacation, Lot 2,_ Block 3, Creekview
Estates for September 6,_ 1983
H. Special assessment agreement between City_of Eden Prairie, Mr. & Mrs`
Uherka and Amoco Oil Company regardi n�_utility improvements_ for Shades Oak
Road, I :C. 52-049 (Resolution Na. 83-186�
I . Approve Rl ans and specifications for Shady _pa _Road Utilities L_I-.C._52-049
and authorize bids to be received on Auoust 16 , 1983, at 10:00 a.m. �Reso
J. Award Contract for County__Road 67 Watermain , I ,C. 52-052 (Resolution No.
83-18$
K. 2nd_ Reading_ of Ordinance No. _34-83, Commercial Stables Ordinance, (Commercial
Stable Code] amen di n Ci t Code _Chester 11 z Section 11. 10, Subdi vi si on_2 b�
adding thereto Subparagraph E which adds_ Commerce al Stables as permitted uses
in certain portions of the Rural District and Section 11 . 02, 43, defining -
redefl ni ng 11_,02, Item 3�"Agri cut Lure" , to _ReEmi t
Comrierci al_ Stables , __ __ __ __
Comme rci al Stables , and redefining Item 43 `"Stable-Pubic" to "Stable-
Conrnerci al ", and amendi nq_ City Code Chapter 5 by addi nq_thereto Sect 5. 70
rela.t-i nQ_to _the 1 i censin� and_ rec,�u�l ati on of Commercial Stables and_ adopt n
4L by reference City_Code Chapter 1 , Section 5,01 throu_ h 5, 11 and Section 5.99
and 11 . 99 which anon other thins contain
_ _ . _. __-- - __ _ __._----_--- --�---._-----_._.__� penai_ty provisions .
L. Resolution No. 83-189,_ establishing just compensation and authorizing offer
_�.
to acquire acquisition parcel number 28 Edendale site _-pn9p-erly identi #ica-
tion number 08-116-22-43-0028 and Resolution No, 83-190, authoriz ngsale_ of
2. 95 acres-ofland to Edendale. Residence,_ Inc,
MOTION: Bentley moved, seconded by Tangen, to approve items A - L on the
Consent Calendar, Motion carried unanimously,
PUBLIC HEARINGS
A. LEN SWEDLUND & REPUBLIC SUPPLY COMPANY, Request for Preliminary Plat of
24 acres into three {',3�7 lots of- approximately 4,6 acres for single family
detached homes . Location: south of Riley Lake Road and east of Carver/
Hennepin County boundary, (Resolution No, 83-158 - preliminary plat) -
continued from July 5. 1983.
City Manager Jullie noted the Board of Appeals and Adjustments had met
on July 14, 1983, at which time it voted to approve the variances needed
to accommodate the proposed subdivision, The variances would allow three
lots under 10 acres in size (approximately 4,6 acres each) and would also
allow a 30 foot yard setback instead of the required 50 feet for the exist-
ing building.
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City Council '11inutes -3- August 2, 1983
Greg Frank, McCombs-Knutson Associates , Inc. , spoke to the request. Also
present were Len `twedlund and Rita Lukes representing Republic Supply.
irDirector of Planning Enger reviewed the action taken by the Board of
Appeals and Adjustment.
Bentley asked if the recommendation was changing that which was included
in the Staff Report. Enger said he did not think so because there are no
other parcels which would fall into this same category. Penzel said he
did not feel this would be precedent setting. Bentley said he was concerned
because this would not meet the 5 Q%cr eS mvi n i di:iidTi4 1104.
his concern about this property goes back a number of years to the time
when the City was considering purchase of it for park purposes.
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There were no comments from the audience.
MOTION: Tangen moved, seconded by Anderson , to close the Public Hearing
and to adopt Resolution No. 83-158, approving the preliminary plat of
.-ake Riley Estates for Len Swedlund & Republic Supply Company. Motion
carried unanimously,
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- B. JAME_S REFRIGERATION. Request for zoning from Rural to Office fo 2. 16 acres
f( an office building. Location: southwest corner of Shady Oak Road and
Highway 169. (Ordinance No. 31-83 - zoning) continued from July 5, 1983.
City Manager Juliie noted this item had been continued from the July 5,
1983, meeting at which time the Council had directed the proponent to
show a 4-story building with rooftop mechanical equipment vs. the proposed
4L 5-story building without rooftop mechanical equipment,
Tim McCoy, architect, spoke to the proposal . Also present was Charles
James, proponent.
Director of Planning Enger said Staff had reviewed the sight lines with
James; it would be very difficult to tell a four-story building from a
five-story building. He said Staff would recommend approval subject to
the recommendations included in the Staff Report which was presented at
the July 5, 1983, meeting.
Redpath said the reason he had requested seeing a 4-story building with
the mechanical equipment on the top was to show that there is virtually
no difference in the height of the two; aesthetically speaking, the four-
story with the mechanical equipment showing is less desirable than the
five-stor, building.
Tangen said he felt the visual impact would be a negative one on the entire
City and not just the residents of Golden Ridge,
Bentley asked about the drainage. Director of Public Works Dietz said
there is an adequate amount of drainage capacity available.
City Counc i l I-I`i r ,z s -4- August 2, 1983
Bentley asked about the number of parking spaces and how that was determined.
Enger said 15 additional spaces were required because this will house a
banking facility; banking is figured at 8 spaces (vs . 5/office) per 1 ,000 square
feet. Bentley ::ondered if there was space on the site to expand parking.
Enger said the parking structure could provide "in-fill " to accommodate
additional spaces. James noted a letter from Wooddale Baptist Church in
which sharing of parking is discussed. Enger said there is no provision
so far for a pedestrian link between the two parking areas/buildings.
Bentley said he felt this was a very attractive building and would have
a positive effect on this part of the City.
Penzel said shared parking was a nice thought but one which does not
seem to work in most instances.
Tangen said he was opposed to a building of this height in the City,
particularly in this location. He said the buildings of similar height
which have been built in other locations within Eden Prairie were built
because of unusual circumstances . He said this is the wrong site for this
building. He asked what the City was going to get in return for the vari-
anccs which would be necessary. Enger said the variances are necessary
because this is an atypical site; the variances are the result of a hard-
ship and not a trade-off.
Redpath said he felt this is a good project. The only other thing he felt
this site might be used for is a fast food restaurant or a gas station.
Tangen recalled that the Welsh project was similar to this and very few,
4Lif any, variances were necessary.
Redpath asked if it was necessary for a bank to have 8 parking spaces per
thousand square feet of space. Enger said Suburban National Bank was given
a variance from the 8 spaces per thousand square feet because it is able
to use space at the Eden Prairie Shopping Center, if necessary .
Anderson said he would rate this building very highly; it ineets the type of
developcient which has occurred in the City. He said he is concerned about
the parking but likes the idea that the church parking lot can be used. He
felt it would be the responsibility of James Refrigeration to provide access
to the church parking lot.
There were no comments from the audience.
Tangen said he would vote "no" because of the number of variances.
MOTION: Bentley moved, seconded by Anderson , to close the Public Hearing
and to give 1st Reading to Ordinance No. 31-83. Motion carried with
Tangen voting "no. "
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City Council 11-li notes -S- Auo_ust 2 , 1983 3
MOTION: Bentley moved, seconded by Anderson , to direct Staff to summarize
the specific conditions of approval in a Resolution to be approved at
time of 2nd Reading of the Zoning Ordinance. These shall be included:
no mechanical equipment shall be above the parapet, the building materials
will be of natural stone or brick which will be approved by Staff prior to
issuance of the building permit, parking requirements dust be met on site =`
or proof of additional parking shown prior to 2nd Reading of the Ordinance,
and Staff and proponent will discuss provisions for a sidewalk on the south
side of Shady Oak Road prior to 2nd Reading. Motion carried with Tangen
voting "no. "
City Attorney Pauly noted the Staff Report had indicated the variances
which will be requested will go before the Board of Appeals for its review.
C. PUSLIC DISTRICT SIGN CODE. (Ordinance No. 37-83, amending City Code Section
5ubd. 1. , 6. ,u r :.
edefine directional signs for churches and to ado ,
a definition for directional signs for schools and publicly owned land or
buildings; amending City Code Section 11 .70 , Subd. 3. , T. , to include direc-
tional signs for schools and publicly owned land and buildings ; adopting
City Code Section 11 .70, Subd. 4. , I . , relating to Public District signs ;
and adopting by reference City Code Chapters 1 and Sections 11 .99 which,
among other things, contain penalty provisions)
City Manager Jullie stated notice for this Public Hearing was published
and mailed to all churches in the City and schools in the Eden Prairie
School District. He reviewed what would be allowed under the new provisions
of the Ordinance,
Redpath asked if daily vacation Bible schools could be advertised. Enger
said they could not. Redpath asked if St. Andrews ' message board would
preclude a directional sign. Enger said the provisions of the Ordinance
would only pertain to new churches and/or new signs.
Redpath said he had heard the pastors are concerned about what they will
have to take down. Redpath suggested someone from the City Staff appear
at a Ministerial Association, Meeting to allay their fears and to further
explain just what is included in the Ordinance. Enger noted this was to
have been a permissive Ordinance; it will allow things which are not
presently included in the City Code.
Penzel asked at which point does a religious symbol stop and a sign begin.
Enger said each sign would have to be looked at independently; it is a
matter of interpretation.
Anderson concurred with Redpath that these matters should be discussed
with the Ministerial Association.
Bentley said he thought the Council had two options : to approve the
Ordinance as it is , or to continue consideration pending further discussion
with members of the Ministerial Association. He felt the latter would
provide the necessary input which might lessen the possibility for amend-
ments later on.
City Council Minutes -6- August 2 , 1963
A representative of Wooddale Baptist Church, which had its ground breaking
on Sunday, said he was present to seek clarification regarding a cross as
a part of a sign. He said he was pleased that issue; had been raised earlier
in the evening and would be addressed in the Ordinance.
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 37-83 and to direct Staff to meet
with the Ministerial Association prior to 2nd Reading and to indicate any
significant changes. Motion carried unanimously.
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D. RIDGEWOOD WEST 2ND/WESTOVER by_Centex_ Corporation. Request for Planned
U nit Development District Review for medium density clustered single family
residential development, zoning district change from R1-13.5 to R1-9.5 for
a medium density land use, and preliminary plat of 18. 39 acres for 83 lots.
Location: Knollwood Drive, south of Cumberland Road. (Ordinance No. 38-83 -
zoningJPUD and Resolution No. 83-182 - preliminary plat)
City Manager Jullie stated notice of this Public Hearing was published
and notices had been mailed to property owners within the project vicinity.
Tim Eller, President , Minnesota Division of Centex Homes, addressed the
` request.
Director of Planning Enger stated the Planning Commission had reviewed
this proposal at its July 11 , 1983, meeting at which time it voted (5-0-1)
to recommend approval subject to the recommendations included in the July
8, 1983, Staff Report.
4LDirector of Community Services Lambert said the Parks , Recreation & Natural
Resources Commission had reviewed this at its July 18, 1983, meeting at '
which time it voted to recommend approval subject to the recommendations {
included in the Planning Staff Report and those in the Supplementary Report
dated July 14, 1983.
Anderson asked who would have control over the scenic easement and who
would be responsible for enforcing it. City Attorney Pauly said the
responsibility or rights run to the City. Any enforcement would have to
be done by the City. Penzel asked Eller what would be done to notify
residents of the scenic easement. Eller said after this evening, he
would make certain that those buying homes in that area would be notified
of the scenic easement. City Attorney Pauly said the scenic easement is
a formal document that runs from the owner to the City and is recorded.
it is recorded with the parcel of land that it covers but not necessarily
with adjacent lots.
Redpath commended Eller for a fine job. Bentley concurred but expressed
concern about the number of houses in a row rather than the cluster effect
which is demonstrated by the model homes. Penzel asked if perhaps there
could be a revision showing more clustering. Eller explained why clustering
had not been done: people were expressing a desire to have a home as shown
but were reluctant to live in a cluster and wished to have street frontage.
City Council 114nutes -7- August 2 , 1983
Redpath asked how many units there would be and how many acres were
involved. Eller said there would be 336 units on 64 acres. There
was discussion as to how more clustering might occur as well as the
reasons for and against more clustering vs. houses in a row on the street.
Anderson asked if this proposal was in conformance with the Purgatory
Creek Study. Lambert said it was.
MOTION: Redpath moved , seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 38-83. Motion carried unanimously.
MOTION: Kedpdth moved , Secondeud by AnUderson,, to adopt "..00lution No.
83-182, approving the preliminary plat of Ridgewood West 2nd Addition for
Centex Corporation and to examine redesigning the plat prior to final
plat approval . Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
a Developer' s Agreement subject to the recommendations included in the
Staff Report and noting both written and oral restrictions be placed on
the scenic easement.
Redpath said he is concerned the Council is not allowing the opportunity
for a developer to come into the City with an innovative plan. He does
not feel it is proper for the Council to redesign a plan after it has
been before the Staff and Commissions. Bentley disagreed,
VOTE ON THE MOTION: Motion carried unanimously.
E. CRC by Ryan Construction. Request for zoning district change from Rural
to Office for 21,000 square foot building and preliminary plat of 1 .5
acres for one lot for an office land use. Location: City West Parkway.
(Ordinance No. 39-83 - zoning and Resolution No. 83-183 - preliminary
plat)
City Manager Juilie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified,
Jerry Junkman, Ryan Construction, presented and reviewed the request.
Planning Director Enger noted this item had been reviewed at the July
11, 1983, meeting of the Planning Commission at which time it voted (5-1)
to recommend approval subject to the recommendations included in the Staff
Report dated July 8, 1983.
This request was not reviewed by the Parks . Recreation & Natural Resources
Coiruni s s i on.
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City Council fli nutes -8- August 2, 1983
Penzel asked what types of materials were to be used on the other
buildings in City blest. Enger said the high tech office buildings
were to be built of burnished block with bronzed glass and bronzed
metal appointments around the windows and cedar siding into the court-
yard recessess of the building.
Penzel asked if there was an agreement with the property owners regarding
the assessments for Shady Oak Road. Enger said they are aware as to what
the range of assessments might be; there is no written agreement at this
time.
Penzel asked Scott Anderson, representing ADI , what the status is of the
three office buildings which had been proposed for the interior of City
West. Anderson indicated they are still in neo_ otiation with a developer
of that property.
Bentley asked what use might the CRC building have if it were not a studio.
Enger said this had been reviewed with the proponent and it could be used
for office space.
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There was discussion as to the types of materials which might be found
on the premises.
There were no comments from the audience.
MOTION: Bentley proved, seconded by Anderson, to close the Public Nearing
and to give 1st Reading to Ordinance No. 39-83. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-138,
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approving the preliminary plat of Creative Resource Center (CRC) for Ryan
Construction. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a
draft summary Resolution of approval per Commission and Staff recommendations.
Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 8754 - 9018
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos . 8754 9018. Roll call vote: Anderson, Bentley, Redpath, Tangen and
Penzel voted "aye. " Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
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City Counci 1 t'i nut-es -9- August 2, 1983
PETITIONS, REQUESTS & COMMUNICATIONS
A. PERMIT REQUEST from Bill and Claudia Bea rman to _develop a driveway
"steep slope ground. "
Bill Bearman , proponent, addressed the proposal .
Planning Director Enger noted this item had been reviewed by the Planning
Commission at its meeting on July 21 , 1983, at which time it had voted ,
to recommend approval subject to the recommendations included in the
Staff Report of July 21 , 1983.
MOTION: Anderson moved, seconded by Tangen, to approve the request
of Bill and Claudia Searman as per the recommendations included in
the Planning Staff Report dated July 21 , 1983. Motion carried unanimously.
B. 14N-TX_ Request for Site plan Review and Developer's Agreement amendment
for 18.9 acres for office/warehouse use. Location : 10301-10379 West
70th Street.
Bill Sikera, architect representing PIN-TX, addressed the proposal .
` Director of Planning Enger noted this request had been reviewed by
the Planning Conunission at its July 18, 1983, meeting at which time
it voted to recommend approval subject to the recommendations included
in the Staff Report of July i8, 1983.
This request was not reviewed by the Parks , Recreation & Natural Resources
Commission.
Bentley inquired as to the status of 14est 70th Street extending to the
west from Flying Cloud Drive. Enger noted the extension of West 70th Street
is covered in the Lee Data Developer ' s Agreement.
Tangen asked if there were any controls regarding the lighting in the
parking areas. Enger said the City Code prohibits lights which cast
glare off the site; Staff will attempt to see proper measures are taken .
Tangen said he would like to see cut-off luminars and down lighting in-
eluded in the Developer 's Agreement.
MOTION: Bentley moved, seconded by Tangen, to approve the revised site
plan and Developer 's Agreement amendment as per the July 18, 1983, Staff
Report and the recommendations made by the City Council . Motion carried
unanimously.
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City Council Minutes -1C- August 2 , 1983
II . ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 22-83, zoning from Rural to R1-9. 5, R1-13. 5
Ir and R1-22, approval of Developer's Agreement for Hidden Glen, and adoption
of Resolution No. 83-167, approving Summary of Ordinance No. 22-83 and
ordering the publication of said Summary for Hidden Glen. 22 .8 acres
for 59 single family lots south of Townline Road, east of Highway 101.
(Continued from July 19, 1983)
City Manager Jullie reviewed the issues which are yet to be resolved
regarding this request .
MOTION: Redpath proved , seconded by Anderson, to continue action on
this item to August 16 , 1983., Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COP•?MISSIONS
A. Reports of Council Members
1 . Bentley - noted that improvements have been made on the Hartford
sfte with the berm now being built; asked that the City !Feed In-
spector visit the Northmark II neighborhood because the yards are
full of thistle seeds from the berms ; thanked the Community Se►,vices
Department for the signs regarding "picking up after your dog" which
have been put up in various parks ; and expressed concern about the
Eden Road intersection and recommended perhaps it be closed off
during the duration of the road construction in that vicinity.
(Staff was directed to look into this matter and to talk to the
manacernent of Hardee's and Kentucky Fried Chicken as to their
feelings on the situation. In the meantime, it was determined
that good temporary signage should be provided. )
Anderson - commented and expressed concern about the highway pro-
blem at Valley View Road and West 78th Street. He noted that
people should be made aware as to how long construction projects
will take.
Penzel - reminded Council members of the 7:30 a .m. meeting on
Thursday, August 4th, with Highway Commissioner Braun regarding
Highway 212. Stated Fritz Rahr had contacted him urging the City
Council to participate in further action regarding the County Road
18/river crossing issue; particularly requesting financial assis-
tance towards legal costs . This matter was deferred to Staff and
the City Attorney for review and recommendations. Penzel noted
he had received requests from the Eden View residents for additional
trails along County Road 4. He asked what the ordinance(s) are
regarding bikes on roadways when there are adjacent trails. City
Attorney Pauly said he would look into this matter.
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City Council Minutes -11- •".:gust 2 , 1983
B. Report of City Manager
City Manager Jullie said he would be on vacation from August 4th
until August 16th.
C. Report_of City Attorne,�r
City Attorney Pauly stated the Court did not entertain Terry Douglas 's
motion as no action had been taken. The City then asked for a terr-porary
injunction. Pauly said it appeared that Douglas will secure a permit
from the City subject to the City 's requests.
Pauly reviewed the City' s position relative to the Viking Press strike.
We said some concern had been expressed by the Company regarding the
arrests which had been made.
D. Report_ of Director of Community Services
1 . Staring Lake Trail Easement
Director of Community Services Lambert addressed his memorandum of
July 27, 1983, regarding the Staring Lake Park Trail Easement in
which terms of the lease were discussed.
MOTION: Bentley moved, seconded by Anderson, to approve the terms
of the lease between Joint Independent School District No. 287 and
the City of Fden Prairie as outlined in Lambert 's memorandum of
July 27, 1983. Motion carried unanimously.
2. Round Lake Parking Expansion
Director of Community Services Lambert spoke to his memorandum of
July 27, 1983, in which the needs for Expanding the parking lot at
Round Lake Park were addressed.
MOTION: Bentley moved, seconded by Anderson, to approve the Staff
recommendations to expand the parking at Round Lake Park utilizing
cash park fees and city maintenance crews. Roll call vote: Anderson,
Bentley, Redpath , Tangen and Penzel voted "aye. " Motion carried unan-
imously.
E. Report of _P1 anni ng _Di rector
There was no report.
F. Report of Director of Public Works
There was no report.
X. NEW BUSINESS
There was none.
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XI . ADJOURNMENT
MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11 :06 p.m.
Motion carried unanimously.
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