City Council - 05/01/1984 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 1, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL Y Wolfgang Mayor MEMBERS: Ma Wolf an H. Penzel Richard Anderson,
George Bentley, Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the
City Manager Craig Dawson, City Attorney Roger
Pauly, Planning Director Chris Enger, Director
of Community Services Robert Lambert, Director
of Public Works Eugene A. Dietz, Senior Planner'
Michael D. Franzen, and Recording Secretary
Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present.
Mayor Fenzel introduced several- third graders from Prairie View Elementary School who
led those present in reciting the Pledge of Allegiance. . The third graders are studying
government.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: IX. A. 2. Anderson - Bridge on County
Road 4.
MOTION: Redpath moved, seconded by Anderson, 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 , APRIL 3, 1984
MOTION: Anderson moved, seconded by Redpath, to approve the Minutes of the City
Council Meeting held Tuesday, April 3, 1984, as published. Motion carried unani-
mously.
III . CONSENT CALENDAR
A. Clerk 's License List
B. Receive 100% petition for street and utilities in Flying Cloud Drive through
Wilson Ridge Plat and authorize preparation of plans and s ecff.ications , I .0
-06 Reso ution No. 4-100 (see page 7 - third moti.gn, )
C. Request from the Flying Cloud Airport Advisory Commission for Council to set
a�ublic Hearing date of May 15, 1984, to consider a City Code Amendment to
ection 11.70 to regulate signs at Flying ou -Airport
City Council Minutes -2- May 1 , 1984
D. Receive petition for trunk sewer and water improvements for the vicinity
of CSAH 1/18 and authorize the preparation of a feasibility re ort, I .C.
52-062 Resolution No. 84-95 J
E. Final Plat approval for Woodlawn Heights 2nd Addition (Resolution No. 84-98)
F. 2nd Reading of Ordinance No. 21-84, Valley View Manor Homes. Zoning District
change from Rural to RM-6.5 for 20 acres, with variances, and adoption of
Resolution No. 84-79, approving development plan subject to conditions. 112
units in 14 buildings. Location: north of Valley View Road, 4 miles east
of Mitchell Road.
G. 2nd Readina of Ordinance No. 22-84, Paulsen's 2nd Addition, Zoning District
change from Rural to R1-9.5 and adoption of Resolution No. 84-80, approving
development plan subject to conditions. 6.3 acres into 18 single family lots.
Location: norht of C.M.St. Paul and Pacific Railroad, south of Hidden Ponds
Park.
H. 2nd Reading of Ordinance No. 23-84, Gon ea 3rd Addition. Zoning District change
from Rura' l to R1-13.5, with variances, and adoption of Resolution No. 84-81,
approving development plan subject to conditions . 37.19 acres into 33 resi-
dential lots and five outlots. Location: northeast quadrant of State Highway
#5 and County Road #4.
a
I . 2nd Reading of Ordinance No. 25-84, Autumn Woods 2nd Addition . Zoning District
change from RM-6. 5 to R1-9.5 and from R1-13.5 to R1-9.5 for 11.09 acres, adoption
of Resolution No. 84-83, approving development plan subject to conditions. 31
acres for 74 single family lots and 8 duplex lots (8 units) for a total of 82
units. Location: east of Highway #101, north of C.M. St. Paul and Pacific
Railroad.
J. Final Plat approval for Montgomery Addition (Kinder Care) (Resolution No. 84-101)
__.
31
K. Approval of Municipal Legislative Commission Joint Powers Agreement
L. _Prairie Center Business Park by Opus Corporation. Resolution for PUD Concept.
Resolution No. 84-102
M. 2nd Reading of Ordinance No. 35-84, Minnegasco Franchise Ordinance
N. Approve plans and specifications and authorize bids to be received for bike/
walkwa along Edenvale Boulevard between Valley View Road and Woodhill Trail ,
I.C. 51-356A. (Resolution No. 84-99) (open bids May 24, award contract May 29)
MOTION: Bentley moved, seconded by Anderson . to approve items A -- N on the
Consent Calendar. Motion carried unanimously. (see page 7 for further action. )
IV. PUBLIC HEARINGS
A. FEASIBILITY REPORTI, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY,
I .C. 2-059A Reso ution No. 84-90 continued from 4-17-84
City Manager Jullie noted Staff had met with the developer and residents
from the neighborhood in an attempt to resolve the concerns and objections
raised at the previous meeting. Jullie called attention to a letter of April
j
City Council Minutes -3- May 1, 1984
23rd from Hans Hagen in which he indicated he is not prepared to assume addi -
tional assessment costs.
Director of Public Works Dietz reviewed the assessment calculations and how
the preliminary assessment roll was arrived at during the process . He said
he had met with property owners since the last meeting; letters had been sent
to all property owners within the project area along with expanded minutes
of the April 17th proceedings. He indicated the cost of the project was
anticipated to be $113,000 which would be divided by those acres which
are within the project resulting in a cost of $513 per acre for sewer and
$438 an acre for water. He said he would ask the City Council to defer in-
terest on assessments but not to exceed 50% of the principal ; this has been
the policy in the past. Dietz noted two additional letters which had been
received; Dr. Ferber and Michael and Patricia Loosen .(letters are attached
to these Minutes . )
Penzel asked if the petition issued had been resolved. Dietz said he would
defer to City Attorney Pauly on that question. Pauly said that requirement
or reference is that in the case where you have owners of not less than 35%
of the frontage of real property abutting the streets named in the petition
at the location of the improvement' the resolution ordering the improvement
in must be adopted by a majority o� the Council; if the petition is signed
by less than 35%, it must be adopted by a 4/5 vote of the Council . He felt
the petition did not meet the 35% requirement and he recommended that, in
order to be ordered . in,. the vote would have to pass by a 4/5 vote of the
City Council . Pauly also said that notice of the continued hearing as well
as the expanded Minutes had been sent to members of the City Council and to
landowners.
Wayne Kinion, 6401 Shady Oak Roads stated he was against_tbF project .:as it
i6 presently designed. He referred to a letter dated May V.' 1984, (see
attached) in which he expressed his opinions and requested that his property
be excluded from the assessment district; Tangen asked for clarification
regarding Kinion' s reference to taxes being increased due to sewer and water
being available. Jullie said the City's approach is that until lateral
pipes are available for hooking up there would not be an initial increase
in valuation.
Dean Holasek, 6475 Rowland Road ; said he thinks this project is premature.
He said he thought this area would be developed into large acreage developments;
this is not the case with Hagen as the lots are 212 - 3 acres. He noted that
his property has been in his family for 130 years.
Hans Hagen, developer, said approval of the project must be separated from
the assessment procedure. The question of assessment is one of fairness.
He noted that once a project is approved it would seem that .the utilities
must be installed to serve that project. He urged the City Council to
approve the project.
Marlene Larsen, 6615 Rowland Road, said she would not like to see sewer
and water come in at the expsense of the homeowner. She cited examples
of how her lifestyle has been affected by the Carmel development.
City Council Minutes -4. May 1, 1984
Bentley noted that property is not assessed until it is developed or
until it is hooked up to the sewer and/or water system.
Mrs. Kinion said they had not been consulted prior a meeting in November.
Penzel said the City has gone through a lengthy review process regarding
the Carmel development and related projects. Mrs . Kinion said they had
not been informed at the time the hearings were conducted. Director of
Planning Enger said notices are sent to residents on a quarter/quarter
section basis. This will be looked into further.
Roger Farber, 6525 Rowland Road, said the essence of the issue from his
perspective was contained in his letter of April 24, 1984 (see attached . )
He said perhaps the City could look at a better way of accomplishing this
project. Penzel explained the manner in which trunk and lateral sewer
and water charges are assessed .
Hakon Torjeseq,6605 Rowland Road, said he felt the issue was one of fair-
ness and what is and is not feasible. He said the quality of life in this
area has been ruined.
Redpath asked if perhaps the City Council could put a perpetual stop on
further development by some of the property owners in the area thereby
excluding them from assessments . Pauly said that would not be possible.
Penzel asked if it could be done via a covenant attached to the deed.
Pauly said the City cannot agree to something like that.
Holasek asked what would become of the assessments should a property owner
decide to donate property to Hennepin County, what would happen to the
assessments which had been already paid: Penzel said these would show
up as accrued savings on taxes ,
Kinion said he would like to see the covenants presented as a written offer.
Pauly said a restrictive covenant would provide for various kinds of restric-
tions limiting the use to which property could be putt' these limitations
would restrict development of the property except for what it is presently
used for. Bentley said in this instance a property owner would be at the
mercy of a future Council; he felt any consideration along these lines would
be capricious. Pauly said a covenant cannot be removed or amended without
all persons agreeing to it, The City could not arbitrarily amend the coven-
ant.
F
Dietz further explained the deferment process and policy of the City. z
Larsen said the neighbors have had no say in this and she felt she would end
up paying $25,000 for laterals , streets , etc.
Torjesen said all the residents of Eden Prairie will be paying for the interest
which is being deferred by this project and he questioned the validity of this.
Hagen said he felt he had been trying to be fair. He said he had sold the
City a park for $20,000 while his cost was $100,000. He also indicated he
had paid $20,000 towards the maintenance of Rowland Road. He noted that this
process is done this way throughout the metropolitan area. He indicated he
cannot put any more money into this as had been suggested by the residents.
City Council Minutes -5- May 1 , 1984
ti
MOTION: Redpath moved , seconded by Tangen; to close the Public Hearing
and to accept the Feasibility Report and to adopt Resolution No. 84-90,
ordering improvements and preparation of plans and specifications for
Carmel Addition and vicinity.
Bentley indicated he would abstain from voting on this issue as has been
his past practice in matters with Hans Hagen. He noted that perhaps this
project might be a bit premature but it would not be responsible on the
part of the City to not provide utilities since the project itself had
been approved. He said it has to be done; the question is how.
VOTE ON THE MOTION: Motion carried with Bentley abstaining.
B. O' NEILL OFFICE BUILDING. Request for Zoning District change from Rural to
Office and preliminary plat of 1.70 acres for an office building. Location:
northeast quadrant of City West Parkway and County Road #61 . (Ordinance
No. 29-84 - zoning; Resolution No. 84-86 - preliminary plat)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Jim Swedenborg, Swedenborg Constructton , addressed the proposal .
Planning Director Enger said this request had been reviewed by the Planning
Commission at its meeting on March 26, 1984, at which time it voted to recom-
mend approval subject to the recommendations included in the Staff Report
dated March 16, 1984. Enger said this request will go before the Board of
Appeals and Adjustments on May 7, 1984, with requests for setback variances
as well as height variances.
This item was not reviewed by the Parks , Recreation & Natural Resources
Commission.
Bentley asked if the building would be moved to preserve more trees. Sweden-
borg indicated it would be.
Tangen asked what the building elevation would be compared to that of James
Refrigeration. Enger said this building would be 57' ; Jams Refrigeration
will be 74' . Tangen said he felt this to be a much more appropriate height
in that area.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 29-84. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath; to adopt Resolution No. 84=86
approving the preliminary plat of O'Neill Office Building for Jack Boss and
Partners. Motion carried unanimously.
City Council Minutes -6- May 1 , 1984
MOTION: Bentley moved, seconded by Anderson , to direct Staff to prepare a
Summary Resolution as ,per Commission and Staff recommendations. Motion
carried unanimously.
C. LEE DATA E)OPANSION by Opus Corporation/Lee Data. Request for Planned Unit
Development District, zoning and site plan amendment to add 72,000 sq. ft.
of office use to existing Lee Data building. Location• southeast quadrant
of 70th Street and Flying Cloud- Drive. (Ordinance No. 30-84 - zoning)
City Manager Jullie said notice of this Public Hearing had been published and
property owners within the project vicinity had been notified.
Bob Worthington, Executive Director of Governmental Affairs for Opus, spoke
to the request.
Director of Planning Enger said this request had been reviewed by the Planning
Commission at its March 26, 1984, meeting at which time it voted to recommend
approval subject to the recommendations included in the March 16, 1984, Staff
Report. They have also promised to provide the City with proof of ownership
of the Hanson parcel to demonstrate proof of parking. Enger noted that the
plans before the Council are revised plansr the landscaping has been strengthenedr
This request was not reviewed by the Parks , Recreation & Natural Resources Com-
mission.
Penzel said he would request Staff to look into preparing a technical feasi-
bility report regarding the relocation of West 70th Street. Dietz said the
information which the City now has regarding tie soils in that area is from
a third party. John McKenzie , project manager; said they have had soil borings
done but have not received the recommendations yet. He indicated there appears
to be a viable route.
Bentley asked what Torjesen and Bearman's objections to this request were at
the Planning Commission. Enger said Torjesen was concerned about the lack
of an overall plan for the Lee Data site; Bearman felt more comfortable with
the site used in the manner which had been proposed as the "Michelangelo
Garden" site. Bentley asked if a campus concept was envisioned. Worthing-
ton said it is felt that they can accommodate the most ambitious plans
and optimistic growth plans by utilizing the Hanson piece in Lee Data's
expansion.
Tangen expressed concern about expanding parking onto the existing wooded
knoll . Worthington explained what is planned for that particular area .
Enger showed, using slides'; what is intended to be done. Tangen asked what
form the Hanson parcel would be left in prior to development. He said it
does not look attractive now. Worthington. said they intend to create more
green on the site than there presently is . There was some discussion as
to what has been done to date and whether or not a land alteration permit
had been applied for. Bentley suggested that this issue be resolved before
2nd Reading of the Ordinance and also that some sort of restoration of the
site be completed.
There were no comments from the audience.
City Council Minutes -7- May 1, 1984
MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing
and to give 1st Reading to Ordinance No. 30-84. Motion carried unanimously.
MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare an
amendment to the Lee Data Developer's Agreement, incorporating the recommen-
dations of the Planning Commission , the Planning Staff Report, and the comments
of the City Council . Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to reconsider the Consent Calendar
and to amend item "B" to include preparation of plans and specifications subject
to the receipt of a 100% petition; and .to readopt the Consent 'Calendar. . Motion
carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff and the proponent,
prior to 2nd Reading of the Ordinance, resolve the issue of the grading permit/
land alteration permit and that a restoration plan for the site be included .
Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to ask the developer to provide
information necessary in regard to the technical feasibility for West 70th
Street; this information is to be provided prior to the 2nd Reading. Motion
carried unanimously.
Enger asked, as a point of clarification, if a 12' berm was ok. Council
concurred that it was .
D. HIDDEN GLEN 2ND ADDITION by Derrick tand ,Compan` , Request for,,Zoning Dis
e trict chang from Rural and' R1-22 to R1-13.5 �n� R1,.9,5 for 56,09 acres and
preliminary plat of 56.09 acres for 78 single family lots and two outlots .
Location : southeast quadrant of Highway #101 and Townline Road. (Ordinance
No. 31-84 - zoning; Resolution No. 84,87 z. preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Richard Bloom, Vice President of Planning for Derrick Land Company, spoke
to the request, Jullie noted that all the issues have not been resolved
with this project and additional work is necessary.
Planning Director Enger stated this request had been before the Planning
Commission at its meeting on April 9, 1984, at which time the Commission
voted to recommend approval subject to the recommendations included in the
April 6, 1984, Staff Report,
Director of Community Services Lambert stated the Parks, Recreation & Natural
Resources Commission had reviewed this request at its last meeting in April .
He called attention to the great amount of park frontage which will be on
Dell Road; he said alternatives to the cost involved to the developer in
regard to the bikeway had been discussed, He said a purchase agreement has
been prepared and will be submitted to the Council for approval . He said
a contract must be put together with the developer for the grading of the
park; details of this have to be worked out.
City Council Minutes -8- May 1 , 1984
Bentley asked for clarification as to what items remain unresolved.
Enger said the method of payment for the construction of Dell Road,
the actual unit types must be reviewed by Staff, and the grading contract t
and price must be negotiated. Bentley asked if these issues 'might be
resolved prior to 2nd Reading. Enger said he did not know; these were
the same issues that were present with the 1st Phase of the project.
Penzel said that either they are resolved or there won't be a 2nd Reading.
Redpath concurred.
Dick Feerick noted a five page letter which had been sent to Director
of Public Works Dietz which he said addressed the problems. Dietz said
he will be responding to that letter.
Tangen asked if there would be grading prior to the 2nd Reading. Feerick
said a grading permit had been applied for with the 1st Phase but has run
out. Bloom stated it was not economically feasible to do Hidden Glen Phase
1 but with the additional 30 lots it is feasible.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing
and to give 1st Reading to Ordinance 31-84. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen , to adopt Resolution No. 84-87,
approving the preliminary plat of Hidden Glen 2nd Addition for Derrick Land
Company. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare
a Developer's Agreement as per Commission and Staff recommendations.
Motion carried unanimously.
E. MIN-TEX. Request for zoning and site plan amendment for 18.97 acres for
two 2 office/warehouse structures in I-2 Park Zoning District. Location:
West 70th Street west of Shady Oak Road. (Ordinance No. 33-94 - zoning. )
City Manager Jullie indicated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Bernie Frye, Min-Tex, addressed the proposal .
Senior Planner Franzen stated the Planning Commission had reviewed this
request at its April 9, 1984, meeting at which time it voted to recommend
approval subject to the recommendations included in the Staff Report dated
April 6, 1984. He noted there were additional materials handed out this
evening.
There was some discussion about the shape of the retaining pond and Frye
noted it had been overdesigned.
There were no comments from the audience.
I
City Council Minutes .9- May 11 1984
MOTION: Redpath moved, seconded by Anderson , to close the Public Hearing
and to give 1st Reading to Ordinance No. 33-84. Motion carried unanimously.
MOTION: Redpath moved. seconded by Anderson , to direct Staff to prepare a
Summary Resolution of Approval as per Commission and Staff recommendations.
Motion carried unanimously.
F. EDEN GLEN CENTER by Urban Associates_ Request for zoning district change
from Rural to Commercial Regional Service for 1.633 acres for 11 ,000 sq. ft.
strip shopping center. Location: east side of Glen Lane between Singletree
Lane and Eden Road. (Ordinance No. 34-84 - zoning)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Dave Reimer, Urban Assoicates , addressed the request.
Senior Planner Franzen said the Planning Commission had reviewed this
request at its April 19, 1984, meeting at which time it recommended approval
subject to the conditions included in the April 6, 1984, Staff Report.
Bentley asked if there was adequate parking and if there was proof of parking
on the site. Franzen said there was proof of parking unless all the establish-
ments were in commercial use. Planning Director Enger stated it has been found
that there are 512- - 6 spaces per 1000 sq. ft. in most places in the City where
there is commercial use which is adequate -tihereas the Code calls for 8 spaces
per 1000 sq. ft. Bentley said perhaps this should be looked at.
Penzel asked what the proposed construction schedule was . Reider said they
hoped to begin this month.
There were no comments from the audience,
MOTION: Anderson moved, seconded by Ta ngen; to close the Public Hearing
and to give 1st Reading to Ordinance No. 34-84. Motion carried unanimously.
MOTION: Anderson moved, seconded by Ta ngen, to direct Staff to prepare a
Summary Resolution of Approval as per the Planning Commission and Planning
Staff recommendations and any amendments thereto. Motion carried unanimously.
G. VACATION OF EASEMENTS for parcels at the northeast corner of 78th Street and
Prairie Center Drive Wes Texas Instruments. (Resolution No. 84--97
City Manager Jullie said notice of this Public Hearing had been published.
Director of Public Works Dietz summarized the purpose of the vacations.
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to adopt Resolution No. 84-97, vacation of utility and drainage easements
and temporary slope and road easements on Lots 5 and 6, Block 1, Leona 2nd
Addition and part of Lot 8, Auditor's Subdivision No. 335. Motion carried
unanimously.
City Council Minutes -10- May 11 1984
H. NATIONAL. CHILD CARE. Request for Planned Unit Development Concept Amendment
and Planned Unit Development District Review and zoning from Rural to Neighbor-
hood CDmmerci al' for a day care facility and preliminary plat of 17.28 acres
into four lots. Location: southeast quadrant of Anderson Lakes Parkway and
Highway ##169. (Ordinance No. 32-84 - zoning ; Resolution No. 84-88 - prelimin-
ary plat. )
City Manager Jullie said notice of this Public Hearing had been-published
and property owners within the project vicinity had been notified.
1
Jack Lynch, Westwood Planning and Engineering, representing the proponent,
spoke to the proposal .
Senior Planner Franzen stated this request had been reviewed by the Planning
Conmi ssion at its meeting on April 9, 1984, at which time it had voted to
recommend approval subject to the recorrunendations included in the Staff Report
dated April 6, 1984.
Penzel asked what type of access there would be off of Anderson. Lakes Parkway.
Franzen said there would be full accesss. Planning Director Enger said a median
cut had always been shown at this location.
Anderson asked what type of fencing would be used around the school area. i
Jack Voss, representing National Child Care, said the original plan did not
identify the type of chain link fencing, He stated Staff had recommended
that a berm be placed along Anderson Lakes Parkway which would hide the
fencing. Enger noted that if it is bermed and screened it does not matter
whether or not it is vinyl clad fencing,
Penzel asked if a storm shelter was provided. Voss said he was unable to
answer that question. Penzel said this must be addressed prior to 2nd Reading.
Nancy Furst, 8693 Darnel Road, said it was too late in the evening for many
people to be here tonight and also a group had been told at the Planning Commis-
sion Meeting that this was going to be on the May 15th Council Agenda . She said
the Council should have received a letter from the Child Care Worker's Alliance.
Furst indicated that Day Care centers are not well monitored -- not as well as
they should be. She went on to state that Eden Prairie will have only one
kind of child care available that being the franchise-type operation. She
said this is not the quality of care the city deserves: other options should
be available to children and their parents . Redpath said the market dictates
the type of day care by what the parents are going to choose. Penzel said
this is a parental responsibilty which then keeps those centers going which
are in demand. Penzel indicated the issues at hand: the propriety of the
land use and does the City have adequate supervision of day care providers
via State and City regulations. He noted that this issue should be referred
to the Human Rights and Services Commission for its review. These two issues
should be separated. The second issue is not before the Council this evening.
City Council Minutes -11- May 1 , 1984
Furst asked that the decision to rezone the land be held until the matter
is reviewed by the Human Rights and Services Commission. City Attorney Pauly
stated the number of day care centers in the City is not a proper matter
to be considered by the City Council ; the issue before the Council is one
of zoning. rHe noted that currently the City has no regulations which apply
to the control of day care centers so the City has nothing upon which to
base a decision. Furst said she would like to see other types of child
care encouraged rather than have more rules and regulations imposed.
Voss said that all of their day care centers are licensed and have. certi-
fied day care instructors.
MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing
and to give 1st Reading to Ordinance No. 32-84. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-88,
approving the preliminary plat of National Child Care for Eden Prairie
Real Estate Investment Corporation. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare
a Developer's Agreement as per Commission and Staff recommendations and
and amendments thereto, Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson ' to direct the Human Rights
and Services Comrhi ssion to do a review of day care needs and
alternatives in Eden Prairie and to make recommendations to the City Council
as to what is needed. The matter of researching statutory regulations and
increased licensing requirements was referred to the City Attorney. Motion
carried unanimously.
V. PAYMENT OF CLAIMS NOS. 13309 . 13507
MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims
Nos. 13309 - 13507. Roll -call vote: Anderson, Bentley, Redpath, Tangen and
Penzel voted "aye. " Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIOrNS
There were no reports.
VII . APPOINTMENTS
A. Appointment of two (2) representatives to the Human Rights and Services
Commission to fill unexpired terms to 2/28/86
MOTION: Anderson moved, seconded by Redpath, to appoint Bill Jackson
and Woodrow Bjork to the Human Rights and Services Commission to fill
unexpired terms to 2/28/86. Motion carried unanimously.
City Council Minutes -12- May 1 , 1984
VIII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Letter from Vera P . Keller, Vice President of Operations - Factory Outlet
Center, regarding request to amend Developer' s Agreement regarding sign
restrictions
Mayor Penzel called attention to a letter from Vera P, Keller in which she
requested an amendment to the Developer's Agreement so that the Factory
Outlet Center might construct more signs. He referred to a memorandum
of April 27, 1984 , from Planning Director Enger which further addressed
this request.
Dan Leiberthol , center manager, spoke to the request noting that four
canopy-type signs which would be for the purpose of identifying the build-
ing are requested.
Bentley asked if the request meets the Code. Enger said the original pylon
sign was in exchange for the requirements of the Ordinance; a trade-off was
made.
Penzel asked if perhaps restrictive covenants might be required so that
there would not be a proliferation of signs by individual stores within
the center. Enger said this had been suggested.
There was discussion regarding the size of other signs within that quadrant
of the City. Enger said he was not sure that four signs are not excessive.
Lieberthol outlined the reasons for the four signs. The Manager of one of
the stores in the Center addressed the problems people have stated in finding
the actual Center once they get into the area due to the lack of signs.
MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30
p.m. deadline to 12:30 a.m. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to move the request with the
stipulation that Staff work with Factory Outlet Center about reducing the
size of the signs on the north and west sides of the building and that
this be accomplished via restrictive covenants and not via an amendment
to the Developer' s Agreement.
Tangen said he felt the motion was too vague to support. He said he could
not go along with the size of the proposed signs. Tangen said he would
favor having this returned to Staff and then come back to the Council for
its review.
THE MOTION WAS WITHDRAWN.
MOTION: Tangen moved, seconded by Anderson, to refer the matter back to
Staff for renderings showing the entire structure and how the signs would
look. This will then be reviewed the by Council at its meeting on May 15,
1984. Motion carried unanimously.
City Council Minutes -13- May 1, 1984
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS .
A. Reports of Council Members
1. Evaluation Review Form (Continued from 4/17/84)
Penzel suggested that City Manager Jullie draft a job description
and present that to the Council at its meeting on May 15 , 1984.
The consensus was to continue this matter to the May 15, 1984,
meeting.
2. Anderson - Bridge on County Road 4
Anderson stated the bridge over the railroad tracks south of Baywood
Lane is unsafe for bike riders. Staff was directed to draft a letter
to the County Commissioners noting a bikeway was created along County
Road 4 with no provision for a bridge crossing.
3. Penzel - noted there will be a meeting of the Municipal Legislative
Commission on Thursday, May 17, 1984, at the Oecathlon Club.
B. Report of City Manager
~ There was no report.
C. Report of City Attorney
There was no report.
D. Report of Director of Community Services
1. Community Education/City Recreation Programs ' Duplication
continued from P1arch 27. 1984
Director of Community Services Lambert called attention to his memorandum
of April 26, 1984, in which this issue was addressed.
Carol Hone, 9001 Eden Prairie Road , said she felt the City programs are
a good public relations tool for the City with over 2600 adults partici-
pating in the various programs. She said she did not agree with the City
releasing a program which is revenue producing. Hone said she wondered
about asking the School District to add programs when it is attempting
to make cutbacks . She said she felt the programs should remain with
the City.
Barbara Johnson; chairman of the Historical and Cultural Commission,
stated Eden Prairie is a community of young families and the need for
programs such as those offered by the City is only going to increase
rather than decrease.
City Council Minutes -14- May 1 , 1984
Bentley asked how the Council had gotten to this point: he said
he thought the talk was that of combining the brochures and not
transferring responsibilities to the School District. Penzel said
he had received complaints over the last couple of years regarding
the duplication of efforts by two agencies within the community.
Anderson pointed out that the State Legislature approved a $5 per
head tax which is used by the Community Education arm of the School
Districts in the State. These monies cannot be allocated for anything
but community education and/or recreation.
Redpath asked if these programs raise money for the City. Lambert
indicated it was a "wash."
Lambert said the City would anticipate continuing to operate summer pro-
grams and music in the parks, etc. He said initially the present
coordinator position would be reduced to part-time. Lambert indicated
the City would work on not duplicating what the School District is
doing. Sandy Werts ,, Recreation Supervisor, noted that some of the
City programs are run out of the Community Center.
Bentley said he had concern about relinquishing control and program
delivery. He said he felt that would be a loss of balance in the
community. Lambert said there would be no money transferred to the
School District. Bentley asked if a good effort had beer made at
trying to coordinate efforts. Lambert said this would be possible
once things are computerized within the City -—there has been
good coordination between City Hall and the Community Center. He
stated that the City and School District have rarely duplicated classes
although they have had classes which are similar. Problems were
created when the City and the School District had separate brochures.
MOTION: Andersow moved', seconded by Redpath, to approve the transfer
of recreation instruction programming to the Eden Prairie School District,
and to direct Staff to work with the Community Education Department to
assure proper implementation. Motion carried with Bentley voting "no. "
2. Eden Prairie Horsemen' s Request
Director of Community Services Lambert referred to his memorandum of
April 25, 1984, in which this request was addressed.
Redpath asked what the City's liability would be. Lambert said he had
discussed this issue with the City' s insurance carrier and he was going
to research it further.
Tangen asked how the improvements which would have to be made to build
a riding ring would be paid for. Lambert said this would come out of
cash park fees; this was not programmed for this year and thus would
have to be deferred.
City Council Minutes -15- May 1 , 1984
Penzel said he was inclined to suggest to the Horsemen that they do
not have the participation to justify this type of expenditure.
Pat Hartel l , Eden Prairie Horsemen President, said there- is no facility
in Eden Prairie presently which is open to the general public -- the
only facilities are in connection with private stables.
Redpath said he was bothered by the liability question.
Anderson asked how many other communities have riding rings. Lambert
said Plymouth and Minnetonka have rings. Anderson asked how many City
residents ride or have horses; do the numbers justify the cost?
Hartell stated their club has about 55 members some of which are
family members .
MOTION: Bentley moved, seconded by Tangen, to refer this matter back
to Staff for further review of the question of liability and to come
back to the Council with further information on May 15, 1984. Motion
carried unanimously.
3. Staring Lake Play Structure Proposal
Director of Community Services Lambert called attention to his
memorandum of April 11, 1984.
MOTION: Tangen moved, seconded by Anderson, to authorize development
of the Staring Lake Play Structure Site, Phase I , as per Director of
{ Community Services Lambert's memo of April 11 : 1984. Roll call vote:
Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion
carried unanimously.
E. Report of Director of Public Works
1. Award contract for signal installation at Flying Cloud Drive and Shad
Oak Road, I .C. 6-05 Resolution No. 4-96
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No.
84-96, accepting bid for traffic signals at Flying Cloud Drive and Shady
Oak Road, I .C. 52-057. Roll call vote: Anderson, Bentley, Redpath,
Tangen, and Penzel voted "aye. Motion carried unanimously.
X. NEW BUSINESS
XI . ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 12:35 a.m.
Motion carried unanimously,
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