City Council - 05/07/1985 APPROVED MINUTES .
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 7, 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 Davison, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
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 nnember Pidcock was absent .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item III . A. BRYANT LAKE BUSINESS CENTER, PHASE II _by Welsh Cornpanies , Inc_
was continued to the May 21,1985, meeting of the City Council .
Added to the Agenda was itei-ii I_I ._ M. _ Guide Plan Change, Research Farm.
MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously.
II . MINUTES
A. Minutes of C t Council Meeting held Tuesday , February_ 19, 1985 (continued
from April 16, 1935�
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
City Council Meeting held Tuesday , February 19, 1985 , as published.
Motion carried unanimously.
B. Minutes_ of Cif-Council Meeting held Tuesday, March 19, 1985
MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of
the City Council Mo cting held Tuesday, March 19, 1985, as published.
Motion carried unanimously.
C. Minutes of City Council Meeti nq held _Tuesday, April 2, 1985
MOTION: Bentley movod . seconded by Redpath, to approve the Minutes of
the City Council Meeting held Tuesday, April 2, 1985, as published.
Motion carried with Anderson abstaining.
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City Council Minutes -2- May 7, 1985
D. Minutes of Joint City Counci l/Devel qpment _Commission Meeti na_hel d Tuesday,
Aori 1 1-6, 1985
MOTION: Bentley moved, seconded by Anderson , to approve the Minutes
of the Joint City Council/Development Commission Meeting held Tuesday,
April 16, 1985, as published. Motion carried unanimously.
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III. CONSENT CALENDAR
Reading of Ordinance NENTER, PHASE II
by Welsh Companies , Inc. 2nd i A. BRYANT LAKE BUSINESS C
o. 8-85, Zoning District Change from C-Regional to
I -2 Park for 7. 96 acres ; approval of Developer's Agreement for Bryant Lake
Business Center , Phase I I ; and adoption of Resolution No. 85-99, approving
Summary of Ordinance No. 8-85 and ordering publication of said Summary.
7. 96 acres into two lots for construction of three office/warehouse buildings.
Location: south of Valley View Road , east of Market Place Drive.
(Ordinance No. 8-85 - rezoning from C-Regional to 1-2 Park and Resolution
No- 85- 99 - approving Ordinance Summary and Publication) - continued to
May 21, 1985, Meeting of the City Council
B. PRIMEIECH PARK, PHASE I by MRTT Joint Venture. 2nd Reading of Ordinance
No. I0-85 , amending-ordinance No. 74-84 for zoning district change from
I-2 Park to Office on 1.93 acres ; approval of Amendment to Developer' s
Agreement for Prinetech Park; and adoption of Resolution No. 85-100,
approving Summary of Ordinance No. 10-85 and ordering publication of
said Summary. 1 . 93 acres for 31 ,500 square foot office building. Location:
north of S".ady Oak Road, east of City blest Parkway. (Ordinance No. 10-85
- amending Ordinance No. 74-84 rezoning from I-2 Park to Office and Reso-
lution No. 85- 100 - approving Ordinance Summary and Publication)
C. 1985 Jaycees Donations
D. Hendrickson Property Purchase_ on Riley Lake (Resolution No . 85-110) -
continued from April 2, 1985
E. Final Plat Approval,for Bluffs West 3rd (Resolution No. 85-104)
F. Final Plat A)Woval for Bluffs West 4th (Resolution No. 85-95)
G. Set a hearing for May 21 1985, Mr. & Mr. Patrick Lueck to consider their
obj ctizn to the sei,,er grater connection fee
H. Set Public fleari ng _for May_ 21 1985, to reconsider__a request for a
revised PUD Conceit- for Cardinal Creek Village
I . Participation in ICMA Retirement Corporation
J . 2nd Read i nq of Ordinance No. 11 l85. Tree Ord i nance
K. Resolution No. si -It12 Proclainrin May__5-12, 1985, "Small Business Meek in
Eden_ Pia i n- e� _ _ ___ _._.__ _.-._ _ _ ___..._.
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L . Approval of Rc f i n,-rnc:i pg Conds in the amount of $2,700,000.00 for TECH Park
- --M. Guide .Plan _Clianor, Research Farm (Resolution No. 85-113)
City Council Minutes -3- May 7 , 1985
MOTION: Anderson moved. seconded by Bentley, to approve items B - M on the
( Consent Calcricar. Motion carried unanimously.
* Peterson noted that he, Redpath, City Manager Jullie and Director of Public
Works Dietz had toured the property at the end of Phaeton Drive and other
properties in that vicinity where there are erosion problems . Peterson
asked that other Council members also tour the area so they might be aware
of the extent of the potential for construction problems.
IV . PUBLIC HEARINGS
A. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $11 ,000,000.00 FOR
TANAGER CREEK (Resolution No . 85-97) - continued from April 16, 1985
City Manager Jullie stated notice of this Public Hearing had been published
and referred to information provided Council members regarding the offering
prospectus . Jullie also called attention to a letter distributed this
evening to Council Memhers which further explained the financing.
Bentley asked if the bonds would be approved based upon the letter which
the Council received this evening. City Attorney Pauly suggested it would
be appropriate to have a separate resolution regarding issues of this
nature. Pauly stated the recommendation was to impose a 1/8 of 1% fee
which should be formalized by a resolution adopted by the City Council .
Tom Maple, Miller & Schroeder, said the credit enhancement would guarantee
dd payment of the total principal and interest.
1 A representative of the bonding company, Kutak, Rock & Huie, addressed the
question as to how the bonding would be accomplished.
City Attorney Pauly noted there is more of a burden on the City with
this kind of offering.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-97, adopting a housing bond program for the issuance of multifamily
housing revenue bonds for the Tanager Creek Apartments project and
authorizing submission of same to the Minnesota Housing Finance Agency.
noting the letter dated May 7 , 1985, addressed to Mr. John D. Frane,
Finance Director, regarding the manner in which the financing will be
secured. Motion carried unanimously.
MOTION: Bentley moved , seconded by Redpath to adopt Resolution No.
85-114, imposing a 1/8 of 1A fee on the initial amount of the housing
revenue bonds for the Tanager Creek Apartments project and an $800
application fee on same. Motion carried unanimously.
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City Council Minutes -4- May 7, 1985
B. AUTUMN WOODS 3RD ADDITION by Trmp uy_ Homes . Request for Zoning District
Change from Rural to R1-9. 5 on 2. 64 acres , RM-6. 5 to R1-9.5 on 2. 37 acres,
and preliminary plat of 5.01 acres into twelve single family lots . Loca-
tion: east of Highway #101 , north of Chicago, Milwaukee, St. Paul and
Pacific Railroad. (Ordinance No. 14-85 - rezoning from Rural to R1-9. 5
and from RM-6.5 to R1-9. 5 and Resolution No. 85- 101 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Dennis Truempi , proponent, addressed the proposal .
Planning Director Enger stated this request had been reviewed by the
Planning Conunission at its meeting on April 8, 1985, at which time it
voted to reconunend approval subject to the recommendations included in
the Staff Report dated April 5, 1985.
Redpath asked if Dell Road was going to be constructed. Jullie said the
right-of-way would be dedicated and the residential street equivalent would
be paid for.
Peterson asked why sidewalks were not required on both sides of the street.
Enger said Eden Prairie has taken a middle ground position whereby side-
walks on most streets are only required on one side; in the case of major
streets the City has been requiring sidewalks and/or hkeways/bikeways on
both sides of the street.
Bentley asked about where the water in the ponding area comes from. Dietz
said it was from the inunedi ate area.
Anderson asked about the location of the City park in relation to this
proposal . Truempi located the park on a map and also indicated the
location of the City's water tower.
Peterson expressed concern about the drainage and the fact that more trees
might be lost because of additional water in the ponding area , Dietz
explained the drainage plan for this proposal in relation to that of
Paulsen' s Addition to the east. Bentley cited problems in Bloomington
where ponding areas were used prior to storm sewers be built.
Anderson asked how ankh of this area is wooded. Enger stated about
half of it.
Wally Hustad, Jr. . asked if most of the trees would be lost either because
Of construct.ian in the area . Enger said it would be possible to save a
number of the trees in the si deyards. Ron Krueger, surveyor, said it would
be very difficult to identify every tree on the property; he noted that
a tree inventory had been made for the area from the street to 60' back
from the street.
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Anderson indicated the most significant feature of this area is the
trees. He said he was concerned because other developers have not
considered some trees significant which really were significant trees.
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Hustad asked how many lots there would be if this were zoned 13.5 rather ;
than 9. 5. Truenipi said there would be four lots rather than six.
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Krueger noted there were 66 significant trees in this area (Outlot C. )
MOTION: Redpath moved , seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 14-85, rezoning, with 2nd
Reading of Outl of C subject to a tree inventory/location of building
pads. Motion carried unanimously.
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No.
85-101 , preliminary plat approval , with final plat approval subject to
the same conditions as iiposed on the zoning matter. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
a Summary Resolution of Approval per Connission and Staff recommendations.
Motion carried unanimously.
C. Amendment to Landscape Ordinance and Amendment to R1-9. 5 and R1-13.5
Districts ^(Ordi nance No. 15-85-j�
City Manager Jullie noted the purpose of the proposed amendment is to
quantify the amount and size of landscaping expected by the City pro-
portionate to the size and height of the building. Jullie said this
amendment is similar to ordinances in effect in Plymouth and Minnetonka.
He also said the ordinance amends the minimum width requirements for
residential lots in the RI -9. 5 and R1-13,5 districts, ultimately this
will provide for greater variety of housing styles to be places on
lots within these districts. Official notice of the Hearing was published.
Planning Director Enger stated this amendment had been recommended for
approval by the Planning Commission.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 15-85, amending the Landscape
Ordinance and R1-9.5 and R1-13.5 zoning districts. Motion carried unani-
mously.
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D. Approval of Housing Revenue Bonds in the amount of $7, 300,000.00 for
Baypoi nt Manor I I TReso1 u t i o n No. 85-111T�-
City Manager Jullie indicated notice for this Public Hearing had been
publ i shed.
Brent Behrens , representing the proponent, addressed the request.
Bentley asked if this was a previously approved project. Director of
Planning Enger said it was previously approved and most of the changes
would occur on the interior; any changes to the exterior were felt, by
Staff, to be positive changes.
Bentley asked if this would be a private placement. Behrens said it
would be, but that there was the possibility of a public offering. {
Finance Director Frane stated he had notified the proponent that, if
there would be a public offering, the proponent would have to come
back before the Council .
Enger noted the proponents had indicated today they would like to
increase the number of units by six per building.
MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 85-111 , relating to the issuance of revenue
bonds pursuant to Chapter 462C , Minnesota Statutes ; giving preliminary
approval to the project, adopting a multifamily housing program and
authorizing submission of the housing program for review. Motion
ff carried unanimously,
PAYMENT OF CLAIMS NOS. 19841 - 20175
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of
Claims Nos . 19841 - 20175. Roll call vote: Anderson, Bentley, Redpath
and Peterson voted "aye." Motion carried unanimously.
VI . ORDINANCES & RESOLUTIONS
A . Appeal from the Decision of the Board of Appeals -- Variance Request
of Jerry_Hal mras t and William Gi 1 k for Red Rock Heights
City Manager Jullie indicated notices had been mailed to property
owners who were notified of the original variance request before the
Board of Appeals . He said that Ron Krueger, surveyor, had submitted
the proposed plat to the DNR and preliminary indications were that
they had no problems with it.
Director of Planning Enger stated a letter had been received from
Judy Reaudreau, DNR, dated May 2, 1985, in which concern was expressed
that the City had not taken into consideration the 1 ,000' setback
from School Pond . Cnger said that body of water is not shown on the
Ci ty' s Shorel and neap; the DNR indicates it as a "natural environment" .
Ender said lie felt any resident on the south side of Scenic Heights
Road his to be niore concerned about how the views across the pond
are treated than any concerns regarding the pond itself. Enger called
City Council Minutes -7- May 7, 1985
attention to the fact that the DNR does not feel it has approved
the City' s Shoreland Management Ordinance; Enger reviewed the
steps which had been taken by the City at the time the Ordinance
was adopted. Enger stated that one lot will be removed from the
lake-front area and that the average lot size will be 20,000 square
feet.
Bentley asked City Attorney Pauly what form the motion should take
should the Council decide to reverse the action taken by the Board of i
Appeals . Pauly reviewed the procedures open to the Council .
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Peterson asked if the storm water run-off from this area goes right
i nto Red Rock Lake. Director of Public Works Dietz stated that every-
thing from this development would go into Red Rock Lake. Krueger said
sump manholes would take care of any sediments .
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MOTION: Bentley moved, seconded by Redpath, to reverse the decision
of the Board of Appeals regarding variances for Red Rock Heights based
upon modifications discussed this evening and based on the hardship
demonstrated by bringing in utilities ; and to grant the variances
necessary for completion of this request. Motion carried unanimously.
M B. RED ROCK HEIGHTS by Jerry Haloirast & Bill Gilk. 2nd Reading of Ordinance
No. 7-85 , Zoning District Change from Rural to RI-13. 5 for 22.6 acres;
approval of Developer' s Agreement for Red Rock Heights, and adoption
of Resolution No. 85-87, approving Summary of Ordinance No. 7-85 and
Ordering Publ i^ati on of said Summary. 33.9 acres into 50 single family
lots and three outlots . Location: south of Scenic Heights Road ,
.. East of County Road 4. (Ordinance No. 7-85 - rezoning from Rural to
R 1-13.5 and Resolution No. 85-87 - approving Ordinance Summary and
Publ ication) -- continued from April 14, 1985
MOTION: Bentley moved, seconded by Redpath , to grant 2nd Reading of
Ordinance No. 7-85 , rezoning.
Anderson stated he would vote in favor but was not happy about reversing
the decision of an advisory Board. He said he felt that the Board
should have had the same information available to it as was: available
to the City Council . Peterson concurred.
VOTE ON THE MOTION : Motion carried unanimously.
MOTION: Bentley inoved, seconded by Anderson, to approve the Developer's
Agreement for feed Rock Heights. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No.
85-87, approving Sunxrra ry of Ordinance No. 7-85 and ordering Publication
of said Sununary. Motion carried unanimously.
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City Council Minutes -8- May 7 , 1985
MOTION: Bentley moved, seconded by Anderson, to forego the issuance
of grading permits until the DNR has granted its approval of the
proposal .
Peterson indicated he would vote against the rnction because it did not
appear to him that the DNR found any major points of contention .
Planning Director Enger stated he had asked Ms. Beaudreau of the DNR
if she felt comfortable with the City going ahead with all actions
regarding this matter except for the final plat. She had told Enger
this would be acceptable.
VOTE ON THE MOTION: Motion carried with Peterson voting "no. "
C. Final Plat Approval of _Red Rock Heights (Resolution No. 85-103)
MOTION: Bentley moved , seconded by Anderson, to continue action on
this Zesolution to the May 21 , 1985, Meeting of the City Council .
Motion carried unanimously.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
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A. Letter from Gerard L._ Severson, Executive Vice President/Real_Estate,
Factory Outlet Centre, reqardin request for second amendment to
Dev_el oper s Rareenie_nt_and Decl ara_ti on of Restrictions regarding!
tenant identification on_p Ion at east entrance.
City Manager Jul l ie noted the memoranda of April 21 and 19, 1985 ,
which addressed the request and reviewed the history relating to
signage at the Factory Outlet Centre.
Dan Lieberthai , representing Factory outlet Centre, called attention
to a letter of April 19, 1985, from Gerard L. Severson which addressed
the proposal .
Jullie said the signage on the building was specifically approved with
commitments made by the proponent which were to have been recorded.
Jul 1 i e said he felt the record should be clarified regarding these
commitments,
Planning Director Enger indicated this was a "custom" situation.
Redpath said he was not as much concerned with the change in the sign
as with the size of the sign.
Bentley said he recalled very specific discussions regarding the color,
size of letters , etc. of the sign when this was before they Council a
year ago. He said there was to be no advertising on the outside of the
building for any tenant. Bentley asked why the covenants had not been
signed . Lieberthal said he did not have an answer to that.
Bentley said the Council could give the proponent 30 days to sign the
covenants and then, if that were not done , the large sign would have
to be ronioved . Jul 1 i e noted the covenants could be amended.
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City Council Minutes -9- May 7, 1985
�10TION: Bentley moved, seconded by Redpath, to authorize Staff to
redraft the covenant agreement regarding si gnage with the proponent {
being required to sign this agreement within 30 days or the City' s sign 4
ordinance would apply to the entire parcel ; all future matters pertaining
to signs and/or substantial changes regarding Factory Outlet Centre
should come before the City Council .
Redpath said he felt this Centre was in need of some help, but he would
like to see them stay within the permitted square footage of signage.
Anderson said he had a problem with this in that it was a change to what
had previously been agreed to.
City Attorney Pauly indicated the covenant needs only to have the date
changed.
VOTE ON THE MOTION: Motion carried with Anderson voting "no. "
VIII . REPORTS OF ADVISORY COMMISSIONS
A. Recycling Advisor Conmrittee - Organized/Contracted Refuse Collection.
MOTION: Bentley moved, seconded by Redpath, to accept the report
and to thank the Conu»i ttee for reviewing this item; this item will
be tabled until such time as the Metropolitan Council study has been
completed and its effect on Eden Prairie can be assessed. Motion
carried unanimously.
B. Historical & Cultural Commission - Marketing proposal for the Kouba
print and request for funds.
Redpath noted that the Eden Prairie Foundation bank account has money
in it from the sale of the kouba print and suggested that this money
should be used to promote further sales.
The consensus was to turn this matter over to the Eden Prairie Foundation.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Redpath - called attention to the continuing water problem on Padon Downs.
He stated he would like to see an outlet from the lagoon sandbagged to
relieve the problem. City Manager Jull ie reviewed what Staff has done
regarding this and stated there would be substantial cost involved in
rectifying the problem. Director of Public Works Dietz stated the causes
of the on-going problems . There was discussion as to the various actions
which might he taken to alleviate the problem. Staff will further review
the situation .
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City Council Minutes - 10- May 7, 1985
Peterson - expressed his appreciation for the kindnesses shown at
the time of the death of his step-mother. He thanked Paul Pedpath
for acting as Mlayor during his absence.
Peterson - asked for two Council members to serve as judges on Sunday
afternoon, June 2, at 1 p.m. for the Kiddie Parade. The entire Council
will be invited to serve as Judges since everyone volunteered to do this .
Peterson requested all Council members to physically view Sally Brown' s
property to view the erosion which has occurred.
Peterson - noted that Gene Grover had slipped and fallen at the Community
Center and asked what might be done so this would not happen to other
users. Staff will review this matter.
B. Rb ort of City Manager
City Manager Jullic gave an update on the response to the Flying Cloud
Landfill permit.
C. Report of City Attorney
1. Discussion on Welcome Home
City Attorney Pauly called attention to his memorandum of May 2,
1985, in which the Opinion of the Attorney General concerning
the Welcome Home matter was included.
D. Report of Director of Public Works
1. Award Contract for Apple Grove/Paulsen ' s A_dditiori Sanitary Sewer
(Resol utian No. 85-106) � �~� ~�
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
85-106, accepting the bid of F.F. Jedlicki , Inc, for I .C. 52-061 ,
Apples Grave/Paul sen' s Addition Sanitary Sewer Project. Roll call
vote: Anderson. Bentley, Redpath and Peterson voted "aye. " Motion
carried unanimously.
2. Award Contract for 1985 Seal Coat Project, I .C. 52-077 (Resolution
No. 85-1'0'7T _ ___��___
MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No.
85-107, accepting the bid of Allied Blacktop Co. , Inc. for I .C. 52-077,
1985 Seal Coat. Roll call vote: Anderson, Bentley, Redpath and
Peterson voted "aye. " Motion carried unanimously.
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City Council Minutes -11- May 7, 1985
3. Award Contract for Tractor Backhoe I .C. 52-078 (Resolution No.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No.
85-108, accepting the bid of Long Lake Ford Tractor for I .C. 52-078,
tractor backhoe. Roll call jote: Anderson, Bentley, Redpath and
Peterson voted "aye. " Motion carried unanimously. '
4. Award Contract for Signals at Prairie Center Drive/TH 169, I .C.
5 398K-Resolution No. 85-109) - y
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution
No. 52-398A, for I .D. 52-398A, for signals at Prairie Center Drive
and TH 169, subject to approval by the State. Roll call vote:
Anderson, Bentley, Redpath and Peterson voted "aye. " Motion
carried unanimously.
E. Report of Finance Director
1. Clerk' s License List
MOTION: Bentley moved, seconded by Redpath, to approve the Clerk's
License List, with the provision of a waiver for the requirement
of a Performance Bond for the Lions Club gambling license for
Schooner Days. Motion carried unanimously.
X. NEW BUSINESS
There was none.
XI . ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 10: 55
p.m. Motion carried unanimously.
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