City Council - 04/16/1985 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL Y
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TUESDAY, APRIL 16, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM 1
COUNCIL MEMBERS: Mayor-4Gary D. Peterson, Richard Anderson,
George Bentley, Patricia Pidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J . Jul l i e, Assistant to the
City Manager Craig Dawson, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enqer, Director of Community Ser-
vices Robert Lambert, Director of Public Works
Eugene A. Dietz , and Recording Secretary Karen
Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item III. B. Red Rock HHeei 9-hts b _Jerry Halmrast & Bi lT Gawk was moved to be
considered red w~i tali tem YID B. on May 7, 1985.
The following item was added: III . I . Znd Reading for Bluffs West 4th Addition,
.. (Resolution No. 106-84),
MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other
Items of Bu« ness as published and amended,' Motion carried unanimously.
II . MINUTES
A. Minutes of City Council Meeting held Tuesday, February 19, 1985
MOTION: Bentley moved, seconded by Anderson, to continue approval of these
Minutes to the May 7, 1985, Meeting of the City Council for expansion of the
discussion Bluffs West Vicinity Storm Sewer. Motion carried unanimously.
B. Minutes of Joint City Council School Board Meeting held Tuesday, March 5,
1985
MOTION: Anderson moved, seconded by Redpath, to approve, the Minutes of
the Joint City Council/School Board Meeti ne held Tuesday, March 5, 1985,
as published. Motion carried unanimously.
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City Council Minutes -2- April 16 , 1985
C. Minutes of City Council Meeting held Tuesday. March 5, 1985
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of
the City Council Meeting held Tuesday, March 5, 1985, as published.
Motion carried unanimously.
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III. CONSENT CALENDAR
A. Clerk' s License List
B. RED ROCK HEIGHTS �y Jerry Halmrast and Bill Gilk . 2nd Reading of Ordinance
No. 7-85, zoning district change from Rural to R1-13.5 for 22.6 acres;
approval of Developer' s Agreement for Red Rock Heights , an-, adoption of
Resolution No. 85-87, approving Summary of Ordinance No, 7-85 and ordering
publication of said Summary. 33.9 acres into 50 single family lots and ;
three outlots. Location: south of Scenic Heights Road, east of County
Road No. 4. (Ordinance No. 7-85 - zoning district change and Resolution
No. 85-87 - approving Summary of Ordinance) - continued to May 7, 1985
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C. CARDARELLE III b Frank Ca darelie. end Reading of Ordinance Na. 9 8 0r
zoning district change from Rura to Office for 1.05 acres: adoption of
Resolution No, 85-91, approving development plans for Cardarelle III Office
Building; and adoption of Resolution No. 85-93 approving Summary of Ordinance
No. 9-85 and ordering publication of said Summary. 8,150 square foot office
building. Location: north of Regional Center, west of Eden Road. (Ordinance
No. 9-85 — zoning district change, Resolution No. 85,91 - approving development
plans and adoption of Resolution No. 85-93 approving Summary of Ordinance No,
9-85 and ordering publication of said Summary. )
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D. Change Order No. 1, Grading contract for Homeward Hills Park, I .C. 51-374
E. Set Tuesday, May 28, 1985 6:00 .m. School Administration Building, as
the time and date for a Joint Meeting of the City Council School Board and
Adhoc City Needs Study Committee
F. Final Plat approval for Eden Commons (Resolution No. 85-95)
G. Proposed revision to Tree Ordinance (Ordinance No, 11z85)
H. Authorize execution of Quit Claim Deed to the Independent Millwork
I . 2nd Reading for Bluffs West 4th Addi-t,ion (Ordinance No,. 106-84)
MOTION: Bentley moved, seconded by Anderson, to approve items A and C - I
on the Consent Calendar. Motion carried unanimously.
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City Council Minutes -3- April 16, 1985
IV. PUBLIC HEARINGS
A. Feasibi 1ity Report for Preserve Boulevard Improvements between Prairie
Center Drive and Anderson Lakes Parkway, I .C. 52-071 (Res;:i ution No.
85-83) continued Public Hearing from April 2. 198
City Manager Jullie stated there was now some clarification available
from BRW on the traffic data which indicated substantially different
traffic volumes dependent upon future upgrading of County Road 18 south
of I-494. Jullie noted that Hennepin County Staff said County Road 18
is tentatively scheduled for upgrading in an 1989- 1990 project.
Director of Public Works Dietz said it would cost $21,400 to extend the
four-lane portion of Preserve Boulevard to Westwind Drive {from Franlo. )
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Pidcock said she had talked with engineers at BRW and it was her impression
that the volume of traffic would not be greatly increased, Bentley said
he coulcj not go along with that viewpoint and would highly recommend
that portion of Preserve Boulevard be increased to four lanes at this
time.
Anderson asked if there were projections made as to the amount of traffic
ti to be generated by a new elementary school . Dietz said there were no
specifics on this,
Redpath said the City should look at what Bloomington has done; it has
constructed four-lane roads just east of County Road 18. Redpath said
he would like to see a four-lane roadway all the way from Prairie Center
Drive to Anderson Lakes Parkway but, if that !i s not agreeable, then he
would suggest a four-lane to Westwind Drive.
Doug Reuter, 8750 Black Maple Drive, related his experiences in travelling
on Preserve Boulevard. He said he would like to see the roadway be four-
lane from Westwind north to Prairie Center Drive, He asked about the
alleged agreement between The Preserve and the City regarding roadways.
Bentley said it was not unusual for a developer to pay for 100% of a
road within a development and this is what The Preserve had done.
Carlton Moore, 10735 Fieldcrest Road, stated it is now easy for Preserve
residents to take the Highway 169 route via Preserve Boulevard and Prairie
Center Drive which also avoids County Road 18. He indicated his support
for the project.
MOTION; Pidcock moved , seconded by Anderson, to close the Public Hearing,
Motion carried unanimously,
MOTION: Bentley moved, seconded by Redpath; to adopt Resolution No. 85,83,
ordering Project No. I .C. 51-071 with four-lanes to be constructed to
Westwind Drive and with right-lanes designated for through traffic southbound
and as a "free" right-turn from Westwind onto Preserve Boulevard northbound.
Motion carried unanimously,
City Council Minutes -4- Apri 1 16, 1985
B. Vacation of excess right-of-way and easements in Bluffs Vilest 4th Addition
(Resolution No. ^^
City Manager Jullie stated notice of this Public Hearing had been
published.
Director of Public Works Dietz indicated this was a "housekeeping'type"
matter.
There were no questions from the audience.
MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing,
Motion carried unanimously.
MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No.
85-96, vacating excess right-of-way and drainage and utility easements in t
Bluffs West Addition. Motion carried unanimously. i
C. PRIMETECH PARK, PHASE I , by MRTT Joint Venture. Request for Planned Unit
Development Concept Amendment on approximately 20 acres, Planned Unit
District Amendment on six acres, zoning district change from I-2 Park to
Office on 1.93 acres for a 31,500 square foot office building. Location:
north of Shady Oak Road, east of City West Parkway. (Resolution No. 85-92 -
PUD Concept Amendment and Ordinance No. 10,85 - amending Ordinance No .
14-84 from I-2 Park to Office)
City Manager Jul 1 i e said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
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David Broesder, architect for the proponents ; addressed the proposal .
Director of Planning Enger stated this proposal had been reviewed by the
Planning Commission at its meeting on March 25, 1985, at which time the
Commission voted to recommend approval subject to the recommendations
included in the Staff Report of March 22, 1985.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing
and to adopt Resolution No. 85-92 . approving the Primetech Park Phase II
Planned Unit Development Concept Amendment to the Primetch Park Planned
Unit Development Concept. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to
Ordinance No. 10-85, amendinq Ordinance No. 14-84 from I-2 Park to
Office, Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
an amendment to the prior Developer's Agreement per Commission and Staff
recommendations . Motion carried unanimously.
City Council Minutes -5- Apri1 16, 1985
D. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $11 ,000,000.00 FOR
TANAGER CREEK Resolution No. 85-97
City Manager Jullie indicated notice of this Public Hearing had been
published.
Thomas Maple, representing Miller Schroeder, bond consultant,and Len
Thiel , repesenting Cheyenne Land were present to address the proposal ,
Also present was Kenneth Dodds , attorney for the project.
Redpath asked if this would be a public sale of the bonds. Finance Director
Frane said it would be and noted there was no provision made for a third }
party guarantee via a letter of credit or such. There was discussion as
to the necessity for such a guarantee. Maple indicated Richard Neslund,
principal in Cheyenne Land Company, had pledged his own net worth above
and beyond that of Cheyenne Land Company; Neslund has not revealed his
own net worth, however. Redpath said he would like to see more specific
figuii-es in regard to the guarantees, hicple stated these figures had been
made available to the City of Plymouth last year when a similar project
was developed.
City Attorney Pauly said the financial information requested would be
appropriate for the City to have.
Anderson said he would like to have a recommendation from the City Attorney
based on the additional materials requested by the Council .
Maple and Thiel stated what types of information had been made available
to the City of Plymouth. It was the consensus of the Council that this
material be provided to the City of Eden Prairie also .
MOTION: Redpath moved, seconded by Pidcock . to continue this item to the
May 7, 1985, Pleeting of the City Council . Motion carried unanimously,
V. PAYMENT OF CLAIMS NOS. 19587 - 19840
MOTION: Pidcock moved , seconded by Bentley, to approve the Payment of Claims
Nos. 19587 - 19840. Roll call vote: Anderson, Bentley. Pidcock, Redpath and
Peterson voted "aye." Motion carried unanimously,
VI . ORDINANCES & RESOLUTIONS
A. Findings and Conclusions relating to the request of Welcome Home to operate
a J ensed residential facility Continued from March 19, 1985
MOTION: Redpath moved, seconded by Anderson, to adopt the Findings and
Conclusions relating to the request of Welcome Home to operate a licensed
residential facility at 7170 Bryant Lake Drive'. Motion carried with
Anderson, Redpath and Pidcock voting "yes"; Bentley and Peterson voting
"no. "
Steve Schele, representing Welcome Home, indicated he had sworn affidavits
to present to the Council . Bentley suggested these come to the Council via
Staff.
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City Council Minutes -6- April 16, 1985
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B. CATV Relief Ordinance _(Ordinance No. 12-85) ; Ordinance Amending Cable TV
Franchise Ordinance No. 80-33 Ordinance No. 13_-85 ; and Review and
Adoption of Performance Agreement
City Manager Jullie reviewed what had happened during the past year when
the Cable company first went to the Cable Commission to indicate it was
having financial problems and wanted financial relief. Jullie said the x
financial relief package between Rogers Cablesystems and the Southwest
Suburban Cable Commission was now ready for formal action by the five
City Councils. Jullie called attention to the memorandum from the
Commission' s Attorney as well as the memoranda from the Commission's
Administrator.
Ralph Campbell , Southwest Suburban Cable Commission Administrator;
Dottie Reitow, attorney for Rogers Cablesystems; Gary Mizgah, Cablesystems
Administrator; and Wayne Popham, attorney, were present to answer questions .
Redpath noted the Edina City Council had acted favorably upon this at
its meeting last evening.
Bentley asked what would happen if the City did not approve the Ordinances
or if the City approved them with changes . Campbell said if any city chose
not to adopt the agreement, the other cities would then have the option to
back out of the agreement if they had already passed i t. If changes were
made by one city, it would again allow the other cities to back out of
the agrzement. Bentley noted the ordinance before the Council was a
compromise agreement.
C:ty Attorney Pauly said his office had participated in drafting the
agreement.
There were no comments from the audience.
Anderson asked where we are headed with cable. Redpath said that seems to
be a universal question; he said cable systems throughout the country are
running into problems which are largely due to the advent of video cassette
recorders. Redpath indicated he felt this was an opportunity to help the
company to get back on its feet.
MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance
No. 12-85, relating to cable television service, providing for modification
of their requirements of the City' s cable communications ordinance (CATV
Ordinance) . Motion carried unanimously.
MOTION: Redpath moved, seconed by Bentley, to give 1st Reading to Ordinance
No. 13-85, amending Ordinance No. 80-33 as amended by Ordinance No. 25-83
and No. 46-83 to change the name of grantee; to extend the franchise term;
to change the insurance requirements; and to change the computation of the
purchase price to be paid by the City upon expiration of the franchise .
Motion carried unanimously.
City Council Minutes -7- April 16, 1985
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MOTION: Bentley moved, seconded by Anderson , to authorize execution
of the Performance Agreement which includes Exhibits A and B to be
executed by the Cable Cornmission. Motion carried unanimously.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. St. John' s Drive - Road Connection
City Manager Jul l i e noted this item was before the Council because
the developers of Tanager Creek are ready to proceed with preparation
of final construction plans and wish to know which alternative should
be used regarding the connection to St. John' s Drive.
Bentley said he had serious questions about connecting a private street
and a public street. He stated he would support Alternate B as outlined
in Director of Public Works Di etz' s memorandum of April 10, 1985.
Redpath said he favored Alternate B also.
Peter Stalland representing the S . John' s Wood Homeowners Association,ep g t c ,
spoke to his letter of April 9, 1985, which discussed this matter.
Len Thiel , representing Cheyenne Land Company, , Tanager Creek developer,
asked for clarification regarding the three alternatives. Bentley
explained them as outlined in Dietz' s memorandum. Planning Director
Enger suggested the developer could work with Staff if there was a
problem relating to reorienting the units due to the location of the
street.
MOTION: Bentley moved, seconded by Anderson, to adopt Alternative B
(St. John' s Drive would be vacated and become a private street, etc. -
see Director of Public Works Dietz's memorandum of April 10, 1985,
with attached map) and to authorize Staff to work with the developer
to make minor modifications to the site plan and to direct Staff to .
set a Public Hearing date for the vacation of St. John's Drive. Motion
carried unanimously.
B. Request by William Gilk and Jerry Halmrast to review decision of Board of
Appeals & Adjustments regarding Red Rock Heights variances
City Manager Jullie stated the Board of Appeals & Adjustments had voted
to deny the variances requested by Gi 1 k and Halmrast. Jul l ie said the
matter before the Council was to set the date for a time the decision
of the Board of Appeals & Adjustments. He said the proponents had asked
if the Council would give some input as to amendments to the site plan
to make it more acceptable. Bentley asked if this would be appropriate
to do. City Attorney Pauly said it would be "gratuitous" at this time to
do so.
City Council Minutes -8- April 16, 1985
Jerry Halmrast, 15117 Scenic Heights Road, said they could take out one
lot and still be ok with the proposal . Ron Krueger, consultant for the
project, asked what would happen if they removed one lot and the DNR
found the project unacceptable. Director of Planning Enger reviewed the
DNR' s recourse according to the Shoreland Management Act; it has the
right to review and comnent, but has ro veto power.
Bentley suggested the developer get together with Staff to see what might
be done to mitigate the situation regarding the DNR' s regulations.
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MOTION: Bentley moved, seconded by Redpath, to review the decision of
the Board of Appeals and Adjustments regarding Red Rock Heights variances
at the May 7, 1985, Meeting of the City Council to be held at 7: 30 p.m.
in the School Administration Building. Motion carried unanimously. l
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VIII . REPORTS OF ADVISORY COMMISSIONS
A. Recycling Advisory Committee - Request authorization for community survey
on recycling
City Manager Jullie addressed a memorandum dated April 12 , 1985, in which
this issue was discussed.
MOTION: Bentley moved , seconded by Anderson, to authorize a survey on
recycling to be done by the tk associates and to authorize Staff to
pursue a grant from the Metropolitan Council and/or Hennepin County
to pay for the study. Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Bentley - suggested the Council act on the City Manager's salary request
and to conduct a performance review by July. Redpath said he would like
to see the performance review done sometime during the month of July so
new Council members would have had six months to work with Jullie.
Peterson said he assumed salary and performance were tied together and
stated he was not prepared to vote on a salary increase tonight. Bentley
said he felt there should be a salary increase and that a performance
review should be conducted independently from that action. Redpath, Ander-
son and Pidcock concurred.
MOTION: Bentley moved, seconded by Redpath , to increase City Manager Jullie' s
salary to $55,000 per year, effective April 15, 1985; and to conduct a per-
formance review at a date to be determined during the month of July. Roll
call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "yes. "
Motion carried unanimously.
Pidcock asked if there were provisions in the Data Practices Act for
a private review. City Attorney Pauly said it was his understanding
that there were no exceptions; there was presently a bill before the
Legislature creating an exception but it had not been passed to date.
Bentley said he felt Pidcock had raised a valid point; it was hard to
make an objective review in a public format. There was discussion as
to whether or not forms used in performance evaluations would have to
be signed by the Council members. Pauly said he would look into this.
City Council Minutes -9- April 16, 1985
Peterson - announced the Hoisington Group will be making a presentation
regarding the landfill tomorrow evening .
- recommended a commendation be given to Jan Flynn and the Human
Rights and Services Commission for the Day Care Fair which they planned
and presented on Saturday. Peterson' said it was very well done.
B. Report of City Manager
1. Fitness Program
City Manager Jul 1 i e called attention to a memorandum of March 18, 1985,
in which this issue was addressed.
MOTION: Pidcock moved, seconded by Redpath, to approve the fitness
program for City employees as outlined in the March 19, 1985, memor-
andum. Motion carried with Bentley voting "no. "
2. Finance Department
City Manager Jul 1 ie stated there is a need for more help in the
Finance Department; the position which is reconnnended is that of
a full-time clerk.
Director of Finance Frane said this would be preferrably someone
with a bookkeeping background.
Bentley asked where the money would come from for this person.
Jullie said it would come from the General Fund reserve. Bentley
asked why this position was not considered at budget time. Frane
said there had not been any staff added to the. Finance Department
in four years. He said he had wanted to keep staffing at its present
level , using part-time help when necessary, as long as possible;
the time had now come when that was no longer proving to be feasible.
MOTION: Redpath moved, seconded by Bentley, to authorize the City
Manager to hire an additional person in the Finance Department.
Motion carried unanimously.
Peterson said he does not like to see an additional person added
three months into the budget year and would hope that staffing needs
can be better assessed prior to adoption of next year' s budget.
C. Report of City Attorney
City Attorney Pauly noted that regulation of gambling is now done by
the State (as adopted during the last Legislative session. ) He stated
the City Code will have to be amended to reflect that fact. He suggested
the Council give consideration as to what form the City might like to
have this take as the City can adopt regulations in this regard.
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City Council Minutes -10- April 16, 1985
Redpath said he would like to see the City adopt some type of ordinance
which would reject what is going on in other communities regarding
gambling for charities . n
City Attorney Pauly will further research this .
X. NEW BUSINESS
There was none.
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 10: 10
p.m. Motion carried unanimously. ;.
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