City Council - 02/05/1985 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 5, 1985 7:30 PM, SCHOOL ADMINISTRATION ►BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George
Bentley, Patricia Pidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawson, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community
Services Robert Lambert, Director of Public
Works Eugene A. Dietz , and Recording Secretary
Karen Michael
FLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I . PRESENTATION OF FLAG FROM THE EDEN PRAIRIE AMERICAN LEGION #409
American Legion Post #409 representatives Vern Seck and Dennis Bertrand
presented an American flag to the City. Mayor Peterson accepted the flag
on behalf of the residents of Eden Prairie and extended the City ' s appre-
ciation to the Legion Post for the flag.
II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: XII . A. Discussion of
Invocation.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and
Other Items of Business as amended and published. Motion carried unanimously.
III . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBE'R 4, 1984
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the
City Council Meeting held Tuesday, December 4, 1984, as published . Motion
carried unanimously.
IV. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Reading of Ordinance No. I-85, changing name of South Shore Lane
between Ticonderoga Trail and Muirfield Addition to South Shore Lane west
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C. Resolution authorizing preparation of Feasibility Report for Valley View 3
Road in_rovements between CSAH 4 and Mitchell Road , I .C . 51-272 (Reso-
lution No. 85-43 ^�
D. Receive Feasibility Report for Valley View Road improvements between_
CSAH 4 and Mitchell Road. I .C. 51-272 Land set a Public Hearing for
March 5, 1985 , at 7:30 p.m. Resolution No. 85-44
E. Final Plat approval for Mitchell Lake Estates 3rd Addition (Resolution
No. 85-45) _
F. Final Plat approval for Preserve Commercial Park North 4th Addition
�Resol uti on No. 85-46)
G. Final _Plat approval for Autumn Woods 2nd Addition (Resolution No. 85-47)
H. Appointment of Assistant Weed Ins ector
I. Final Approval for Housing Revenue Bonds in the amount of $6,000,000.00
for- Eames Apart is Pro 'ect Resolution No. 85-49)
MOTION: Anderson moved, seconded by Bentley, to approve items A - I
on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. PRAIRIE VILLAGE APARTMENTS by Derrick Land Company. Request for Comprehensive
Guide Plan Change from Office and Medium Density Residential to High Density
Residential for 6 . 61 acres ; Planned Unit Development District Review, with
variances , on approximately 40 acres; Zoning District change from Rural to
RM-2 .5 on 6.61 acres ; preliminary plat of 14.25 acres into two lots and one
outlot for two 56-unit apartment buildings . Location: Gonyea 4th Addition,
Outlot B. (Resolution No. 85-42 - Comprehensive Guide Plan Amendment,
Ordinance No. 2-85-1-PUD-1-85 - Planned Unit Development District Review
and Zoning District Change from Rural to RM-2.5, and Resolution No. 85-39 -
preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Dick Krier, Derrick Land Company, addressed the proposal . Also present
was Will Montgomery, architect„ Tushie-Montgomery Associates.
Planning Director Enger stated this request had been reviewed by the
Planning Commission at its meeting on January 14, 1985, at which time
the Commission voted to recommend approval subject to the recommendations
included in the January 11 , 1985, Staff Report and with the provision
that a pedestrian access across County Road 4 be provided. Enger stated
there were no definite answers regarding the scheduling of improvements
to Highway 5. He also said the County has indicated County Road 4 will
be improved at the same time the State schedules improvements for TH5.
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Director of Community Services Lambert said this request had been
reviewed by the Parks, Recreation & Natural Resources Commission at
its meeting on February 4, 1985, at which time it voted to recommend
approval subject to the recommendations included in the Planning
Staff Report as amended by the Supplemental Report of January 31 , 1985.
Anderson asked if provisions had been made for recreational facilities
for Senior Citizens in this building. Montgomery said they had been
included. Pidcock asked the size of the facility. Montgomery said
the room was approximately 30' x 30' .
Bentley asked if the pond on the property has an outlet. Director of
Public Works Dietz said it does and explained the drainage situation in
that area. Bentley asked if the pond was adequately sedimented. Dietz
said it was and that had been approved by both City Staff and the Water-
shed District.
Bentley asked if a traffic study had been done for this area . Krier
explained what had been done in this regard; he noted the directional
flow. Bentley asked if this intersection could handle the volume of
traffic to be generated by this proposal . Enger said a 1980 study
showed that traffic and storm water were two of the major issues in
this area. He indicated that the traffic as proposed now is less than
thatwhich would have been generated by the earlier proposal which called
for more commercial and office development on this site.
Bentley said he has long agreed that this is a good site for elderly
housing but said he has a concern about the transition aspect of what
is proposed. He stated he would like to see some significant berming
and screening if there is to be good transition.
Redpath asked if doubles had been proposed. Enger said in 1980 duplexes
had been discussed in the northern tier of this quadrant. Redpath said
he felt that transition is sometimes carried too far and said that, in
the case of duplexes, twice as many people are put into an area.
Anderson said he felt the crossing of County Road 4 was a very important
consideration. He also expressed concern about recreational facilities for
Senior Citizens. Krier stated that it was the developer's hope to create
a "life style" -- that besides the 900 sq. ft. room within the building,
a social service unit would attempt to involve all the residents and a
social director would be employed.
Bentley said he recalled that last Fall Krier had appeared before the
City Council with a very complex financing package for this project,
Bentley asked if Krier was willing to make a commitment this evening
for elderly housing without a financing package ready for this site,
Krier said if they were goi na to request the "50% program" he would
have to say they would not made a commitment; but if they were to use
another program, the answer would be yes . Bentley asked what the time-
table was in regard to financing. Krier said they hoped to have that
taken care of in the next month. Bentley asked if Krier would be willing
to withhold 2nd Reading of the Ordinance until the financing package
had been before the City Council . Krier said he would be willing to
do that.
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Redpath expressed concern about the handicapped parking and cited a
recent incident in another apartment building where this had posed a
problem for a handicapped resident.
Pidcock asked what the timetable was for completion of this building.
Kri er said they hoped to begin construction in late Spring with the
building scheduled to be open in November or December. '
Joe Lawler, 7621 Ontario Boulevard, expressed concern about the amount
of traffic to be generated from this proposal . He said he would 1 i ke
to see both buildings as elderly housing as this would take some of
the pressure off of the traffic.
Leo Burton, 7662 Superior Terrace, said he would like to see a traffic
study done in this area. He noted the number of commercial facilities
in the area which are traffic generators. He said he was concerned about
the fact that there were single family residences proposed for the area
adjacent to the apartment buildings and wondered whether or not the pro-
ponent would be back to request rezoning for those lots in the near future.
Jolene Burton, 7662 Superior Terrace, said she would hate to see a crisis
created by this proposal . She said she has many questions regarding elderly
housing. She indicated she would like to know the history of the zoning
changes which have been regUested for this site.
Peterson asked if the City might be able to get an agreement from the
County regarding signals at Wagner Way and County Road 4 prior to the
improvements to CSAH 4. Dietz said that could be discussed with the
County.
Pidcock said she was concerned about the crosswalk and wondered if it
would be possible to have an underground walkway under CSAH 4. Dietz
said that would be possible. Burton said she felt a tunnel would not be
good; crime would be a problem.
Donald Sorensen, 7121 Willow Creek Road, wondered whether or not the
developer would rent the underground parking spaces or would a space
be provided for each unit. He noted that would made a difference as
to how the spaces were used, Kri er said the spaces would be rented,
Pidcock asked about those residents who never drive. Kri er said they
would attempt to work something out with other elderly housing residences
so perhaps a private transportation system could be developed.
Lambert stated the Community Services Department is the place called
when people don't have facilities and/or services provided for them,
Krier said there is a need for more sharing of resources -- such as
cars -- in a facility such as this.
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Larry Schuster, 7666 Superior Terrace, asked if the pond behind the
apartment buildings might not be an attractive nuisance for children
living in the apartments. Lambert said there has never been a need
to fence any ponds or lakes in the City and said he would recommend
this policy be continued.
Sorensen expressed concern about underground parking in the apartment
building. He said it creates a security problem and this should be
looked into.
Bentley noted the City has been looking at elderly housing needs for
a number of years particularly in the area of CSAH 4 and TH 5. He
said the City has been banking CDBG funds for this purpose. He said
he was not certain how the financing which is yet to come before the
Council will work ; but, in terms of the City's planning and zoning ,
the questions have been answered. He said that tying this into the
financing package would further mitigate his concerns .
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 85-42, amending the Comprehensive Guide
Plan. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to grant 1st Reading to
Ordinance No. 2-85, rezoning. Motion carried unanimously.
MOTION: Bentley moved. seconded by Anderson, to adopt Resolution No.
85-39, approving the preliminary plat of Prairie Village Apartments
for Derrrick Land Company. Motion carried unanimously.
NOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
a Developer's Agreement per Commission and Staff recommendations and
with the provision that 2nd Reading will not occur until the financing
package is determined, there is a discussion with Public Safety regarding
security questions, the handicapped parking issue is resolved. and the
question of a crossing at CSAH 4 is resolved. Motion carried unanimously.
B. EDEN PRAIRIE PUBLIC LIBRARY by Hennepin County. Request for Zoning
District Amendment within a Public Zoning District on 2.51 acres for
the construction of a 10,000 square foot building. Location: southwest
corner of Prairie Center Drive and Preserve Boulevard. (Ordinance No.
3-85 - rezoning within the Public District)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
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Lyle Langstrom, Hennepin County Property Management, and Gretchen
Wunderlich, Hennepin County Area Librarian, were present to address
the request. 1
Redpath said he would recommend the County be allowed to put in the
sidewalk in stages. Langstrom said the sidewalks would be included
as a bid alternate (an add alternate) when the bids for the Library
are let. Peterson expressed concern about the timina of the sidewalks
should money be unavailable at the onset of construction. Bentley said
he would suggest that, as a part of the Developer's Agreement, a two-
year period be allowed for construction of the sidewalks . Langstrom
said he would like to have that as a viable option.
Bentley asked where the sidewalk was going to go along Preserve Boulevard
since the right-of-way has not been determined for the planned four-lane
roadway. Director of Public Works Dietz stated a consultant is working
on a feasibility report on that now. Dietz suggested that perhaps the
City could offer the County the City' s special assessment program.
MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing
and to give 1st Reading to Ordinance No. 3-85. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare
a Summary Resolution and work out a provision relative to sidewalks
which will then be brought back to the City Council at the time of 2nd
Reading. Motion carried unanimously.
C. BERGIN AUTO BODY by James J. Bergin . Request for Site Plan Review within
the I-2 Park Dist► ict for one acre, with variances , to be reviewed by the
Board of Appeals, and preliminary plat of 4.74 acres into three lots for
an auto body repair shop. Location- north of Martin Drive, west of
Corporate Way. (Ordinance No. 4-85 - rezoning within the I-2 Park Dis-
trict and Resolution No. 85-40 - preliminary plat)
City Manager Jul i i e indicated notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Jim Bergin, proponent, addressed the request.
Planning Director Enger stated the Planning Commission had reviewed this
request at its meeting on January 14, 1985, at which time it voted to
recommend approval and noted that a variance is required. The Pl anni nq
Commission suggested that an outlot be created since there would be a
lot for which there would be no use.
This request was not reviewed by the Parks, Recreation & Natural Resources
Commission.
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Redpath questi onned the drainage in the area . Peterson asked if it
would not be better to have the parking area in gravel rather than a
bituminous surface so there would be less run-off into the creek.
Enger explained that there were a number of problems with gravel and
that bituminous surfacing is required by City Code.
Bentley questionned the setbacks. Enger stated no variances had been
requested; the variance request is for lot size.
Gary Berqren, Power Systems, asked for clarification as to what would
be done with the remaining acreage. Bergin said that would be put into
an outlot. Bentley said there was no proposal at this time for that
property.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 4-85. (lotion carried unanimously.
!10TION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-40,
approving the preliminary plat of Bergin Auto Body for James J. Bergin.
Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley. to direct Staff to prepare
a Summary Resolution of Approval per Commission and Staff recommendations
with the variance to be approved prior to 2nd Readi na of the Ordinance.
Motion carried unanimously.
D. ROBERTS LITHO by Hoyt Development. Request for Zoning District Change
from Rural to I-2 Park on approximately 4.7 acres and preliminary plat
of 9.62 acres into one lot for the construction of a 42,500 square foot
office/warehouse building. Location: south of Highway 5, west of Mitchell
Road at Technology Drive (Ordinance No. 5-85 - rezoning from Rural to
I-2 Park and Resolution No. 85-41 - preliminary plat)
City Manager Jul l ie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Brad Hoyt, developer, spoke to the request.
Director of Planning Enger said the Planning Commission had reviewed this
request at its meeting on January 14, 1985, at which time it voted to
recommend approval subject to the recommendations included in the Staff
Report dated January 11, 1985,
Pidcock asked how far north of the Methodist Church was the location of
the proposed building. Hoyt said he did not have the exact number of
feet. Pidock asked if the evergreen trees would remain. Hoyt said they
were on the church`s property and would remain as screening.
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Redpath asked if Technology Drive would be extended from the west
property line of the proposed to Wallace Road Director of Public
$ Works Dietz said this would be an appropriate time to review that
however it was a difficult process. i
There were no comments from the audience.
MOTION: Bentley moved, seconded by Pi dcock , to close the Public Hearing
and to give 1st Reading to Ordinance No. 5-85, rezoning for 4.62 acres
from Rural to I-2 Park. Motion carried unanimously.
MOTION: Bentley moved , seconded by Redpath, to adopt Resolution No.
85-41, approving the preliminary plat of Roberts Litho for Hoyt Develop-
ment. (lotion carried unanimously.
MOTION: Bentley moved , seconded by Redpath, to direct Staff to prepare
a Summary Resolution of Approval per Commission and Staff recommendations
and with the following :1 owi ng : there will be no administrative land division
allowed on this site -- all divisions must go through the City Council ;
the developer must petition for the extension of Technology Drive through
the property; and approval is contingent upon the developer accepting
the special assessments for Technology Drive. Motion carried unanimously.
E. Request for Housing Revenue Bonds in the amount of $11 ,000,O00.00 for
Tana er Creek Resolution No. 85-48)
City Manager Jul l ie indicated notice of this Public Hearing had been
publ i shed. Jul l ie noted that the currently approved site plan calls
for a private road terminating in a cul -de-sac at the north end of she
project and therefore there will be no connection to St. John ' s Drive
to the north. He stated that should the proponents desire a chanoe in.
their site plan, they would have to come back to the Council for approval .
Thomas Maplewood, Miller-Schroeder, and Dennis Govednik, Centurion/
Cheyenne Land Company, addressed the request.
Redpath asked why the proponent was now proposing rental units rather
units for sale. Govedni k said the trend is towards rental units due
to the unaffordability of for sale housing.
Bentley asked how many rental units had been approved by the City Council
during the past two years . Director of Planning Enger stated that there
have been 1,000 uni is approved and bui 1 t and another 1 ,000 uni is approved
and not built. Bentley said he has seen reports based on information in
this area which say that the rental market is glutted and the market is
rapidly declining
Bentley asked if what is proposed could be considered a change in the
site plan. Enger said he felt it was; the original plan called for
nine single family units and this plan calls for 60 single family units.
City Council Minutes -9- February 5, 1985
Enger said there was some discussion as to which plan is beino
put forth with this request. Peterson said he felt there would be '
a significant revision if the 60 unit plan were under consideration.
Pidcock said she questioned the affordability issue regarding single
family housing; she also had questions regarding the land lease program.
Anderson asked how long it would take for Staff to review this. Enger
said about two weeks unless the plan is a different one and then it
would have to go back through the Commissions .
MOTION: Bentley moved, seconded by Anderson, to continue action on
this request to February 19, 1985, and to refer this back to Staff for
its review; if Staff feels the revisions are significant, then it should
go through the Commissions. Motion carried unanimously.
VT. PAYMENT OF CLAIMS NOS. 18324 - 18562
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos. 18324 - 18562. Roll call vote: Anderson, Bentley, Pidcock, Redpath and
• Peterson voted "aye." Motion carried unanimously.
VII . ORDINANCES & RESOLUTIONS
There were none.
It VIII . APPOINTMENTS
A. Appointment of Ad Hoc Committee Members to Study Referendum Issues for
-the C'i t of-den Arai rie
Anderson expressed concern that there were a number of people on the
committee representing athletic interests. Bentley said he was concerned
because there were not any "at large" residents. Lambert reviewed how
committee members were selected and noted that he had not received any
recommendations for other members of the committee.
Anderson restated the motion he had made regarding the committee and
called attention to the fact that this committee was to be "broad-based" .
Redpath noted that the School District has already stated its needs.
MOTION: Anderson moved, seconded by Pidcock. to continue this item
to the February 19, 1985, meeting of the City Council . Motion carried
unanimously.
IX. PETITIONS, REQUESTS & COMMUNICATIONS
There were none.
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X. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
XI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Bentley - requested that Council members be kept informed as to what
is happening in the opt-out process. Assistant to the City Manager
Dawson stated that five opt-out proposals are presently being reviewed;
the Council will be receiving this information in the very near future.
Redpath - noted that a Cable Commission meeting had been held last Thurs-
day. He indicated this issue will be on the Council Agenda at a future
meeti nq.
B. Report of Ci t, Manager
1. Proposed Employee Benefits Changes (continued from January 8, 1985)
City Manager Jullie noted his memorandum of January 4, 1985, in
which he addressed additions to the employee benefits package.
The four additional categories were: 1) fitness program; 2)
disability plan; 3) an increase in the City' s contribution for
family coverage of health insurance -- this portion of the package
was approved by the Council earlier this year) ; and 4) work uniforms
for maintenance personnel .
Bentley said the only portion with which he had a problem was
the fitness program.
Redpath said he would like to see a sliding scale on uniforms ; he
cited his experiences with a uniform allowance and how after a period
of time the amount of money needed when a program or an employee begins
is no longer necessary. Jullie said Staff is looking into leasing
of clothing also. He said that he would suggest including Building
inspectors in the uniforma program also.
Peterson asked if employees in those d-epartments would be required
to wear uniforms. Jullie said they would be; an informal poll had
been taken and all of them had said yes.
Pidcock asked how this would compare to those programs in effect in
private industry. Redpath noted that many employees are provided
uniforms -- Coca Cola, Minnegasco; etc .
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City Council Minutes -11- February 5, 1985
Bentley said he felt benefit programs are turning out to be very
costly. He said this was one area he would take a careful look
at should the City have to do some budget cutting in light of
State and Federal cutbacks.
The consensus of the Council was that the uniform program and the
disability plan were acceptable, but the fitness program needed
more discussion and refinement.
Lambert explained that this was a fitness program and not a wellness
program; this was to provide an incentive for employees to take ad-
vantage of City facilities. Anderson noted this type of program is
preventative in nature with the result being fewer sick days, lower
rate of major health programs, etc ,
After further discussion of the fitness program it was determined
that the portion which provided an employee with a free individual
membership to the Community Center would be deleted as would the
stop smoking treatment program.
MOTION: Redpath moved, seconded by Anderson, to approve the
employees benefit program changes as outlined in City Manager
Jullie' s January 4, 1985, memorandum with the exception of items
1. a. and 1. d. (lotion carried with Bentley voting "no" on the
Fitness Program and Pidcock voting "no" on the motion.
C. Report of City Attorney
1. Findings in connection with Welcome Home
City Attorney Pauly stated that attorneys Donald Sorensen and John
Koneck (attorneys representing Willow Creek residents) had requested
this matter be continued to the next meetinq of the City Council .
MOTION: Bentley moved, seconded by Pidcock, to continue action on
this item to the February 19, 1985, meeting of the City Council .
Motion carried unanimously.
XII . NEW BUSINESS
A. Discussion of Invocation
MOTION: Pidcock moved, seconded by Redpath, to direct Staff to contact
the Eden Prairie Ministerial Association to request a representative of
that group to give an invocation before the City Council meeting once
a month.
City Council Minutes -12- February 5, 1985
Redpath noted that the Ministerial Association had been contact in 1967
and had agreed to have a minister give the invocation. When this "fell
through" it then was done by Staff and later by Council members .
Peterson said he was not in favor of asking the Ministerial Association
to do this . He said the point was whether or not this was an appropriate
forum for the practice of religion. If the Ministerial Association were
asked to do this, then representatives of other religious groups should
be asked. He said he felt there was a difference between religion and
politics and he felt it was inappropriate to foster religion in this
forum.
Pidcock said she was not asking to do anything more than what is done
at the State and Federal levels of government. Redpath said those
bodies have paid chaplains while they are in session.
Bentley said the concept of an opening prayer at the first meeting of
the year seemed appropriate to him; it did not have to be an on-goinq
item an the Agenda.
Anderson said he felt each Council member represented all types of
people -- all races and religions -- the Council Meetings were not the
time or place to practice religion.
VOTE ON THE MOTION: Motion was defeated with Anderson, Bentley, Redpath
and Peterson voting "no. "
XIII . ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at
11:32 p.m. Motion carried unanimously.
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