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City Council - 04/02/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 2, 1985 7:30 P.M. , SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson , George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jut 1 i e, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane , rlanni ng Director Chris Enger. Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Council Member Richard Anderson was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda : IX. E. 2. Review and Approval of Signal Agreement - TH 169/Prairie Center Drive and IX. E. 3. Authorize („ Feasibility Report - Technology Drive west to Wa l ace Road MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published, Motion carried unanimously. II . CONSENT CALENDAR A. Clerk' s License List B. Final plat approval for Edenvale Industrial Park 8th Addition (Resolution C. Consider approval of RLS for Leonard F. & Bessie V. Uherka (Resolution No. 85-84 D. Approval of plans and specifications and order advertisement for bids or Sanitary Sewer Imr ovements for .Paulsen's 1st and 2nd Additions and Tpple Groves , I .C. -0 1 (Resolution No. 85-86) E. Award bid for final phase of Staring Lake Bike Trail F. Proclamation congratulating Eden Prairie Recreation Team State Champions City Council Minutes -2- April 2 . 1985 MOTION: Bentley moved. seconded by Redpath, to approve items A - F on the Consent Calendar. Motion carried unanimously. III. PUBLIC HEARINGS a x r A. Feasibility Report for Preserve Boulevard Improvements between Prairie Center Drive and Anderson Lakes Parkway, I .C. 52-071 Resolution No. 85-83) City Manager Jul l ie said notice of this Public Hearing had been published and the hearing notice and feasibility report were mailed to all property owners listed on the preliminary assessment roll . Director of Public Works Dietz addressed the report. Redpath asked if the semaphore at TH 169 and Prairie Center Drive would affect this road. Dietz said the consultant had taken this into consider- ation. Redpath inquired as to whether or rot the location of the new ele- mentary school had been taken into consideration; he noted that Jerry' s is the only grocery store in the area and Preserve Boulevard is the route to be used for access to the new library as well as apartments to be constructed. Dietz said he did not think the new school had been considered by the consultants; this could be taken back to the consul - tants for further review, Bentley said there are no catch basins or storm sewer along Preserve Boulevard at the present time. He asked what the estimated cost might be to extend the four-lane portion of the roadway to Westwi nd rather than to Franlo. Dietz said he could not answer that at this time. Bentley said he felt a mistake had been made in the calculations and that the road should be four-lane to Westwind. Redpath concurred and said he felt it would be best to build the roadway four-lane all the way to Anderson Lakes Parkway; he noted that in the near future Home- ward Hills would be extended from Pax Christi Church (County Road 1) to Sunnybrook Road which would also increase the traffic on Preserve Boulevard, Pidcock asked how the assessment roils were arrived at. Dietz explained the methodology used. Pidcock asked for the rationale behind the side- walk on the west side of the road. Dietz said Staff had concluded this would be a good idea because of the library •and park facilities in that area as well as the fact a school was under consideration on the west side. Bentley asked when the traffic study was conducted for the counts used in the Feasibility Report, Dietz said the study was two or three years old and had been done by City Staff. Bentley said he felt the figures were too low; the opening of Target and Prairie Center Drive had sub- stantially increased traffic in. that area. Peterson asked what the cost would be to build a four-lane roadway in five years compared to the cost today. Dietz said it could be expanded to a four-lane undivided facility relatively easily; cost comparisons C were not available. Peterson said he felt the Council should either accept the study of the consultants or send it back for further study. City Council Minutes -3- April 2, 1985 Bentley indicated the portion of Preserve Boulevard between Franlo j and Westwind is the part that is the worst right now. He said he felt it would be best to make that four-lane right away. Dietz said he felt the consultant should be requested to take another look at that. Carlton Moore, 10735 Fieldcrest, asked if there would be left-turn 1 anes to the two entrances to the townhomes on the east side of Preserve Boulevard and to the west for the library and Eden Commons ; would there be a compl etely new road surface. Moore said he felt a four-lane section should be considered to Westwind Drive and consideration should be given regarding access to the school which is proposed. Dietz said the road which is in place is intended to be incorporated in the final section. He indicated this will be widened and thickened as some of it is salvageable. Lyle Landstrom, Hennepin County Library System representative , stated he was pleased that access to the library had been made via a curb cut. He said he would like to see this preserved . Doug Reuter, 8750 Black Maple Drive, said he felt the roadway should be four-lane to Westwind. He stated he had talked to people in The Preserve Association regardi" an agreement the Association had made with the City which indicated The Preserve would pay for the cost of the road when it was built and the City would pay for anything which came later. Dietz said what exists there today is a 24'-wide street. The City proposes to assess the cost of curbs and gutter and a bit of the storm sewer to The Preserve. The City will do whatever the agreement states , if there is an agreement. Bentley said he had heard about the agreement for years and had never seen an agreement. Jul l i e said there was discussion of such an agreement back when the improvements were made. He stated a draft of the agreement had been found, but there was never an agreement executed to the best of the City's knowledge. Jullie stated that before an assessment is agreed to this would be researched further. Bentley asked if notification of The Preserve Homeowners' Association was adequate as the assessment would be passed onto the homeowners, City Attorney Pauly said such notice is adequate as it gives notice to the entity or the owner of record. Bentley asked if the public hearing on this issue should be continued or could it be closed pending an interim report from the consultant. Pauly stated it would be best to continue the public hearing; the scope of the improvements might be changed, MOTION: Bentley moved, seconded by Redpath, to continue the Public Hearing to April 16, 1985, for further study by the consultant regarding the concerns expressed by the Council and residents at this evening's meeting. Motion carried unanimously. City Council Minutes -4- April 2, 1985 B. BRYANT LAKE BUSINESS CENTER. PHASE II by Welsh Companies . Inc. Request s or Comprehensive Guide Plan change from Regional Commercial to Industrial for 7.96 acres, Zoning District change from C-Regional to I-2 Park for 7.96 4 acres, with variances to be reviewed by the Board of Appeals, and $ preliminary plat of 7,9E acres into two lots for construction of three office/warehouse buildings. Location: south of Valley View Road, east of Market Place Drive. (Resolution No. 85-79 - Comprehensive Guide Plan change; Ordinance No. 8-85 - rezoning from C-Reg to I-2 Park; and Resolu- tion No. 85-80 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Dunn, Vice President, Welsh Companies, addressed the proposal . Also present was Dennis Mulvey, architect, who reviewed the plans . Director of Planning Enaer said the Planning Commission had reviewed this request at its meetings on March 11, 1985, and March 25, 1985. At the latter meeting the Commission voted to recommend approval subject to the recommendations included in the Staff Report dated March 22, 1985. as revised. Peterson asked for clarification as to what would happen if the County does not agree to the proposed grading. Enge r ;showed on the map what was contemplated and noted the detailed drawings which had been included in the Council packets, Enaer said if the County does not allow the grading then there is not enough room left in the plan to provide for the berm. Peterson suggested that, should this proposal be accepted, the approval be contingent upon permission being granted by the County for additional land. Pi dcock said she found it interesting that a proponent would come before the Council with a plan in which the whole area was filled with buildings and then ask the County to provide the open areajgreen space which would then allow them to conform to the setbacks. Pidcoc k asked why the proponent did not work within the space available. Mulvey explained there is a lot of right-of-way which is no longer needed. He noted the proposal is under the required floor area ratio (2.65 vs , 3.0) and stated the additional land would be used to provide extra screening and planting. Mulvey said the excess right-of-way has taken some of the area which could best be used for bermi ng. Bentley asked what percentage of the buildings would be for office, storage and assembly. Dunn said there would probably be a 50/50 split; parking would be provided as though the buildings were going to be 70% office use. r City Council Minutes -5- April 2, 1985 Bentley asked if it would be preferable for the City to not grant a Guide Plan change but to have the proponent request a variance. Enger i said it would be preferable not to use the variance route. He explained what was proposed and how this was different from "normal " situations. He said the proponent could have ignored the excess right-of-way and it would have appeared to be a deeper setback. He said the project i would look the same whether the County owns the right-of-way or the proponent. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 85-79, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Redpath moved, seconded by Pidcock, to give 1st Reading to Ordinance No, 8-85, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No, 85-80, approving the preliminary plat of Bryant Lake Business Center, Phase II , for Welsh Companies. Motion carried unanimously. MOTION: Redpath moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement contingent upon the proponent obtaining right- of-way from the County. Motion carried unanimously. C. CARDARELLE III by Frank Cardarelle. Request for Zoning District change from Rural to Office for 1.05 acres, and preliminary plat of 1 .05 acres into one lot for an 8,150 sq. ft. office building. Location: north of Regional Center Road, west of Eden Road. (Ordinance No. 9-85 - rezoning from Rural to Office and Resolution No , 85-81 - preliminary plat) City Manager Jul 1 i e stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Frank Cardarelle spoke to the request. Director of Planning Enger indicated this request had been reviewed by the Planning Commission at its meeting on March 11 , 1985. at which time the Commission voted to recommend approval subject to the recommendations included in the March 8. 1985, Staff Report. Enger noted that sidewalks along this portion of Eden Road were included. This request was not reviewed by the Parks . Recreation & Natural Resources Commission. Bentley expressed concern about the metal panels to be used. Cardarelle said these panels were consistent with what is on the buildings in the area. City Council Minutes -6- April 2, 1985 Peterson asked if this issue had been discussed by the Planning. Enger g said it had not. Enger said his personal opinion was that glass spandrel panels are nicer looking; they also provide more continuity and make it appear there is more glass. Pidcock asked if it was the function of the City Council to order the type of materials to be used. Enger said over the last few years the Council had expressed concern about the way in which the entire Major Center Area is being developed; it wanted to make certain it was done in the tighest i quality. Enger said this does get into a more subjective area but it # was a conscious effort on the part of the Council to do this. Peterson said he felt the intentions of the City Council regarding this should be conveyed to the Planning Commission and the Planning Staff so discussions of this nature do not occur very often. Redpath concurred. Bentley said there were other property owners in this area who are extremely concerned about this building and they have expressed a concern that this will set a precedent for this area. There were no comments from the audience. Cardarelle indicated the building would have to be redesigned if the glass spandrel panels were to be used. He said the architect does not want to change the building and neither does he. Enger said he felt this was largely an aesthetic concern: he did not feel the entire building would have to be redesigned. Enger said not all the metal panels would have to be replaced with glass spandrels. Bentley agreed. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No, 9-85. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-81, approving the preliminary plat of Cardarelle III for Frank Cardarelle. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. City Manager Jullie suggested the Council consider a change order if it decided that was appropriate. MOTION: Redpath moved, seconded by Pidcock, to direct Staff to request a change order so that sidewalks will be installed on both sides of Eden Road at the time the street improvements are made. Motion carried unanimously, City Council Minutes -7- April 2, 1985 D. PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR XI . In accordance with the Housina and Community Development Act of 1974, as amended, the City Council will hold a Public Hearing, to obtain the views of citizens on local and urban county housing and community development needs. The City Council will review and make recommenda- tions for proposed funding of CDBG Year XI , to be submitted to Henne- pin County. (Resolution No. 85-78) City Manager Jullie said notice of this Public Hearing had been publi- shed. Director of Planning Enger noted Assistant Planner Durham' s memorandum of March 26, 1985, in which this matter was reviewed. Also included in the Council packet was a memorandum from Director of Community Ser- vices Lambert which included the recommendations of the Community Ser- vices Department. Enger stated the Planning Commission had recommended inclusion of the H.O.M.E. program, Greater Minneapolis Day Care Associ- ation , Comprehensive Guide Plan, Scattered Site Housing and Senior Center Improvements. Enger reviewed each of the programs . Redpath said he would not like to see the Scattered Site Housing program dropped. Enger explained how the City might be involved in this type of program. Pidcock noted the Minnesota Housing program which is available to first- time home buyers with a combined income of $30,000 or less. Assistant Planner Durham said Staff does refer people to the Minnesota Housing Finance Agency. Helen Watkins, Greater Minneapolis Day Care Association staff member, called attention to her letter of March 5, 1985, which was included in the Council packet. She stated the Greater Minneapolis Day Care Associ- ation encourages people to work harder to earn more; helping low-to- moderate income families with day care costs enables this to happen. Pidcock asked how many Eden Prairie residents are presently on the waiting list for this kind of assistance. Watkins said there are 5 Eden Prairie residents on the list; no advertising has been done to this end and this has occurred by "word of mouth Bentley asked if the Civic Plaza program in the Major Center Area would be eligible for funding. Director of Community Services Lambert stated it would only be fundable if serving low-to-moderate income people. Pidcock asked how must it would cost to roof the Senior Citizen Building. Lambert said that information was not available yet. 4 s City Council Minutes -8- April 2, 1985 Bentley said he would suggest the funds be allocated in the following manner: H.O.M.E. - $2,700; Greater Minneapolis Day Care Association - $9,000; Comprehensive Guide Plan - $14.000; Scattered Site Housing - $15,650; Playground Improvements at Edenvale Park - $4,000; Warming House Improvements at Edenvale Park - $2,000; Parking Lot Improvements at Edenvale Park - $10,000; and Senior Center Improvements - $15,000. Bentley stated that any excess funds be allocated to scattered site housing. Y Enger stated he felt the funding of park projects is questionnable. Bentley said if that were the case, then he would like to see the money go into the scattered site housing program. Pidcock said she would like to see more money included in the day care program. Durham noted that only 15% can be allocated to public services; $8700 would be the maximum in that category if the H.O.M.E. program were also to be funded. Redpath said he would like to see the allocations as recommended by the Planning Commission adopted by the City Council . Bentley said since parks probably would not be fundable, he would propose items 1, 2, 3, 4, and 9 as outlined in the memorandum. Redpath said he would not like to lose sight of the housing needs . MOTION: Redpath moved, seconded by Pidcock, to accept the recommendations of the Planning Commission: H.O.M.E. ,- $2,700; Greater Minneapolis Day Care Association - $9,000; Comprehensive Guide Plan - $14,000; Scattered Site Housing - $31 ,650; and Senior Center Improvements - $15,000. Bentley indicated he would vote "no" on the motion, not because he was opposed to the recommendations, but because he felt the Council was limiting itself too much on scattered site housing and that an effort should be made to fund some of the other projects . VOTE ON THE MOTION: Motion carried with. Bentley voting "no." MOTION: Bentley moved. seconded by -Redpath , to adopt Resolution No. 85-78, for approval of Hennepin County to transfer funds from Year X, Project #826 from Contingency Account to Land Acquisition for Assisted Senior Housing Year X. Motion carried unanimously, IV. PAYMENT OF CLAIMS NOS. 19336 - 19586 MOTION: Bentley moved, seconded by Pidcock : to approve the Payment of Claims Nos. 19336 - 19586. Roll call vote: Bentley, Pidcock, Redpath and Peterson voted "aye." Motion carried unanimously, V. ORDINANCES & RESOLUTIONS There were none. f City Council Minutes -9- April 2. 1985 VI . PETITIONS, REQUESTS & COMMUNICATIONS 1 A. VALLEY GATE by Sigmund and Herliev Helle. Request for Site Plan Review on 4. 18 acres within the I-2 Park District: with variances to be reviewed by the Board of Appeals , for an office/warehouse building. Location: southeast quadrant of Valley View Road and future Golden Triangle Drive, (Ordinance No. 10-85 - Amending Ordinance No. 26-84) City Manager Jullie noted the prior zoning for this site did not include a specific site plan; accordingly, the developer was required to come back to the City for approval of a specific site plan when the project was ready to proceed. Sigmund Helle, proponent, addressed the request. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on April 25. 1985, at which time the Commission voted to recommend approval of the site plan amendment. Redpath asked when Golden Triangle Drive would be completed. Director of Public Works Dietz said it would be completed as soon as development in the area is approved, MOTION: Bentley moved, seconded by Redpath, to adopt the site plan as presented, based on plans dated March 5 , 1985, and revised as of March 27, 1985, Motion carried unanimously. VII . APPOINTMENTS A. Appointment of members to the Advisory Panel to review property valuations MOTION: Redpath moved, seconded by Pidcock, to appoint Joanne Irvine, Jerry Kingrey and Regan Massee to the Advisory Panel to review property valuations with respect to the upcoming Board of Review meeting. Motion carried unanimously. VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Ben�tle - suggested a buzzer system and/or telephone lines b�e installed water plant to alert others when the water level is dropping and the plant is unattended. City Manager Jullie said a system is being worked on so a situation such as that which occurred on March 31, 1985, does not happen again. City Council Minutes -10- April 2, 1985 B. Report of City Manager 1. Work Uniforms # City Manager Jullie called attention to a. March 26, 1985, memorandum from Assistant to the City Manager Dawson which outlined relative costs as well as the advantages of renting and purchasing uniforms. Pidcock said she felt employees who wear uniforms would take better care of them if they owned them. Redpath noted his experience with a uniform allowance. Bentley asked if consideration had been given to having the City purchase and manage the uniforms . Peterson asked City Attorney Pauly about the restrictions the City could place on dress and/or the care of uniforms. City Attorney Pauly explained there might be some problems in imposing sanctions. MOTION: Redpath moved, seconded by Bentley, to authorize the Mayor and City Manager to execute an agreement with Unitog, Inc. to rent work uniforms for a one-year period based on its quote for services dated March 1, 1985. Motion carried with Pidcock voting "no. " C. Report of the City Attorney There was no report, D. Report of Director of Community Services x 1. LAWCON 1986 Grant Application Director of Community Services Lambert spoke to his memorandum of March 26, 1985, in which he addressed the LAWCON Grant Application. MOTION: Redpath moved, seconded by Bentley, to authorize Staff to apply for an athletic field development grant for lighting fields 2 and 3 at Round Lake and fencing fields 1 through 5 and the base- ball field , and for a LAWCON/LCMR grant for phase III acquisition at Riley Lake Parke Motion carried unanimously. 2. Hendrickson Property Purchase on Ri 1 ey Lake Director of Community Services Lambert noted his memorandum of March 26, 1985, in which he addressed this issue. Pidcock stated Riley Lake is one of the better lakes in the metro- politan area. She said that 280' of Lakeshore is quite a bit and she did not feel the City's offer was fair; it was too low. -1 City Council Minutes -11- April 2, 1985 1 P Bob Hendrickson, property owner, said he would like to be able to replace the home which he now lives in. He said he would be willing to receive $125,000 for his home which would be a compromise but would probably be less in the long run for both parties since the issue would be settled. Lambert said the City's offer was $95,000. Pidcock said she felt this was a unique piece of property; she said she felt the house was worth $60,000 - $70,000 exclusive of the lot. Lambert said the appraisers felt the home itself was worth $30,000 - $40,000; however, the replacement cost would be $50,000 - $60,000. Peterson said the options before the Council were to negotiate a price, vote on the recommendation of Staff, or express a sentiment regarding the price and have the negotiations continue at the Staff 1 evel . Redpath said he would like to see this continued since there was such a discrepancy with the appraisals. Peterson said he would like to see the figure be somewhat higher than the $95,000 but not as high as $125,000. Bentley said he felt the City had hired appraisers and they should not be second guessed. He suggested the City proceed with acquisition via eminent domain proceedings. MOTION: Bentley moved to authorize Staff to proceed with acquisition via eminent domain proceedings. Motion died for lack of a second. MOTION: Redpath moved, seconded by Pidcock, to allow another 30 days for negotiations to continue. Motion carried unanimously. 3. Round Lake Water Elevation Director of Community Services Lambert addressed his memorandum of March 26, 1985, in which this matter was discussed. MOTION: Redpath moved, seconded by Bentley, to authorize Staff to request approval of the Watershed District to lower the water elevation of Round Lake. Motion carried unanimously. E_ Report of Director of Public Works 1. Award contract for 1985 Street Sweeping, I.C. 52-076 (Resolution No. 85-85) ' Director of Public Works Dietz called attention to a memorandum dated April 2, 1985, which addressed this issue. Dietz noted the problems with the bids and said Staff would recommend that the bids be rejected on the basis that the bid was irregular and 23% over the budget amount. Dietz indicated the City's street sweeping could be accomplished using City crews with help from a private contractor(s) with quotes on such to be received by the City this week, He said the cost for this would be approximately $13,000 for contracted services and $4,000 for overtime. 7-777- - - City Council Minutes -12- April 2, 1985 MOTION: Redpath moved, seconded by Bentley, to reject the bid for I .C. 52-076 and to use City crews with the assistance of a private contractor or contractors to sweep the City's streets. Jeff Green. representing Clean Sweep, Inc. , indicated his company would like to work with the City on this project. He reviewed what Clean Sweep, Inc. could do to assist the City with the street sweeping proposal . Peterson said concern had been expressed by Clean Sweep, Inc. that the other- street sweeping companies would now have an unfair advantage when it came to submi tti nq quotes since they would know what Clean Sweep, Inc . had submitted for the original proposal. Bentley asked what the maximum dollar amount was before something had to go through the bidding process. Dietz said the amount was $15,000. VOTC ON THE MOTION: Motion carried unanimously. 2. Review and Approval of Signal Agreement - TH 169/Prairie Center Drive Director of Public Works Dietz stated approval of this Resolution would authorized execution of an agreement with the State of Minnesota for a traffic signal at TH 169!Prairie Center Drive, MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-89, authorizing the execution of an agreement. between the City and MnDOT for a traffic signal at TH169/212 and Prairie Center Drive. Motion carried unanimously. 3. Authorize Feasibility Report - Technology Drive west to Wallace Road Director of Public Works Dietz indicated adoption of this Resolution would order a feasibility report to be done for Technology Drive from its present westerly terminus to Wallace Road. MOTION: Bentley moved, seconded by Redpath , to adopt Resolution No. 85-88, ordering feasibility report I .C. 52-010A, Technology Drive from its present westerly terminus to Wallace Road. Motion carried unanimously. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 12: 10 a.m. Motion carried unanimously.