City Council - 06/04/1985 a
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APPROVED MINUTES
/ EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 4, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson , Richard Anderson, urge
Bentley, Patricia Fidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawson , City Attorney Roder
Pauly, Finance Diroctor John D. Frane, Planning
Director Chris Enger, Director of Community
Services Robert Laclert, Director of Public
'.-:orks Eugene A. Dietz, and Recording Secret-:ry
Karen Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present.
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda : IX. A. '.4-,�odlawn He-i ;izt, nark
Grading, IX. B. Anderson Lakes Outlet Project.
The following item VII . A. Lueck sewer/water connectic:n fee was c- itinued Lo
the June 18, 1985, meeting of the City Council .
MOTION: Bentley moved, seconded by Anderson , to approve the f+,, -,d Otker
Items of Business as amended and published. Motion carried urn,,f ly.
II . MINUTES
A. City Council Meeting held Tuesday, April 16, 1985
MOTION: Bentley moved, seconded by Redpath, to approve t`r: , ,,, of
the City Council Meeting held Tuesday, April 16, 1985, as
Motion carried unanimously.
B. Board of Review Meeting held Tuesday, May 21 , 1985
MOTION: Bentley moved, seconded by Pidcock, to approve Li; mutes of
the Board of Review Meeting held Tuesday, May 21, 1985, a, dished.
Motion carried unanimously.
C. Joint School City Meeting held Tuesday, May 28, 1985
MOTION: Bentley moved, seconded by Anderson, to approve `"i "_: of
the Joint School/City Meeting held Tuesday, May 28, 1985,
Motion carried unanimously.
City Council Minutes -2- June 4, 1985
III . CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 12-85, CATV Relief Ordinance, 2nd Reading
of Ordinance No. 13-85, Amending Cable TV Franchise Ordinance No. 80-33,
and approval of Performance Agreement and authorize execution as per appoval
of City Manager
B. Change Order No. 1, Norsemen' s 6th Addition, I .C. 52-065
C. Receive feasibility report for Technology Drive Road Improvements _east
from Wallace Road and set public hearing date for July 2, 1985, at 7:30
p.m. , I .C. 52-01OA
D. Clerk ' s License List
E. THE OAKS BUSINESS CENTER by Steiner Development, Inc. Request for 2nd '
Reading of Ordinance No. 17-85-PUD-3-85, rezoning from Rural to I-2 Park ,
Approval of Developer' s Agreement for The Oaks Business Center, and ado{ on
of Resolution No. 85-129, approving the Summary of Ordinance No. 17-85_p-.0-
3-85 and ordering Publication of said Ordinance. (Ordinance No. 17-85-NiJ -
3-85 and Resolution No. 85-129 - approving Summary and Ordering Publ i c,a t;,--,n)
F. Change Order for Franlo Park Grading
G. Resolution No. 85-135, amending Resolution No, 85-1C (Fee Resolution)
establishing fees for Tax Exempt Financing
.. MOTION: Anderson moved, seconded by Pidcock to adopt items A - G on
the Consent Calendar with item A subject to City Manager Jullie*s final
review and approval . Motion carried unanimously.
IV. PUBLIC HEARINGS
A. SOUTHWEST CROSSING by Vantage Companies. Request for Planned Unit Devel- , rit
Concept Review on approximately 106 acres for 1.626 million square feet of
office and commercial uses. Location: east of Highway #169, north of
Interstate I-494, west of Viking Training facility, and south of Nine ; ti ':e
Creek. (Resolution No. 85-127 - PUD Concept Approval )
City Manager Jul l i e said notice of this Public Hearing had bean publ i ,-.'. J
and property owners within the project vicinity had been noti f i c!d.
Matt Nichol , Vantage Companies, and Dale Beckman , engineer wis.;i BRW,
the request.
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City Council Minutes -3- June 4, 19C5
Planning Director Enger stated this request had been reviewed by the
Planning Commission at its meeting on flay 13, 1985, at which time the
Commission voted to recommend approval subject to the recommendations
included in the Staff Report dated May 10, 1985. Enger noted the request
to raise Srnetana Lake had been withdrawn by the proponent. Enger addressed
the traffic study which had been recently completed by 3RW, commissioned
by the City.
Director of Community Services Lambert said the Parks , Recreation & Natural
Resources Commission had reviewed this proposal at its meeting on June 3,
1985, and had voted to recommend approval subject to the recommendations
included in the Planning Staff Report and those included in the May 23,
1985, memorandum from Lambert to the Commission. Lambert stated (a.r?
major concern of the Cortvmission was the attempt to maintain a cl',-L�k
corridor in as natural a state as possible. The Commission wi s!-.r_�s to
maintain: as many of the hardwood trees as possible.
Redpath asked if there %-.,,,uld be restrictions in the amount of � `"fic
in the Golden Triangle a. ea. Enger said Staff would be sugge! i :, i to '
the Council that there bo a 20% reduction in traffic in the Nita r, '"enter
Area.
Redpath asked what the extent was of the grading already done in '-;pis
area. Beckman indicated grading had been done for the stubbing in of
Golden Triangle Drive and for the four buildings on the east end of the
Vantage site.
Anderson expressed concern about the grading of the creek valley. He
said he felt the character of the area will be changed once thr' rn -e
buildings there. He said he hoped this could be kept as a ver ial
area. Pidcock concurred.
Redpath asked how this proposal differs from what had been pn- ly
proposed. Beckman reviewed the plans using a map. Beckman sil = ry
• would request a variance from the setback standards if the k. ;< nd
area is to be dedicated at this time.
Bentley expressed concern about the fact that the knoll to t' : -.k had
been indicated as a conservation area on the previous plan. :li:d the
new plan indicates a greater density on the eastern area. ►i,
why the preservation area had been reduced.
Don Brauer stated the plans are for the same density and for �,ame
land use which exists . He said he felt the area of preserva{,k:n is th
same. Brauer said the plans now reflect an urban space.
Enger said Staff had walked the site and a tree inventory wa�a r „iplillod.
The tree inventory indicated there were no good trees north of r•
1 i ne; the h i ghes t va l ue of trees were found on the knoll . Enyr- $ (. ci
the creek setting was determined to be attractive but not prise
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City Council Minutes -4- June 4, 1985
Peterson asked if the decrease in density in this area was due to reasons
other than just traffic . Enger said the traffic concerns are the major
reason for the decrease; he outlined measures which might be 'taken to
reduce the amount of traffic in that area.
Pidcock asked who would be responsible for seeing that this proposal
is carried out in the way it is now planned. Enger reviewed the process
which is used.
Anderson said he did not feel things should be done along the creek in a
piecemeal fashion . He said he thought there should be a plan for that
whole area . Enger said the plans for the other half of the creek will
came before the Council at its next meeting. Pidcock asked what the
setback is along Mi nnehaha Creek in Minneapolis. Enger said it varies
but there will be more of a setback in this area.
Frank Smetana, 7680 Smetana Lane, noted there have been lots of ducks
and geese on Smetana Lake over the years. He said he did not think a
trail alongside the lake would be compatible with the wildlife in the j
area. He said he was pleased to hear the lake level will not be rained.
He said he did not 1 ike the idea of having people te1.1 him hrl? ,,: )u1d have
to go a 1 ong wi th th i s or el se be condemned. Smetana said he ,.,,u l d like
to have the area be declared a "no hunting" area. Pedpath sa.id this is
a no hunting" area . Staff was asked to check into the condemnation
threat issue.
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Mrs. Gary Kostecka, 10805 Valley View Road, said she felt the proposal
was a "class project" and much better than what had been proposed earlier.
She said she hoped the City would protect the rights of the -.() ,,,,),-vners in
the area.
Bentley said he would like to have the Council apprised of a-Y :-,;i s i ng of
the level of Smetana Lake,
Beckman said he was at a neighborhood meeting which Smetana ,.:,s referring
to at which time the question was raised as to what the altr:, .Ittivr-s were
should the lake level be raised. At that time someone did ,<<«n that
condemnation would be one of the means but that comment was ) way
intended to indicate that would be done or even that it was ;, ,.,,-r con-
sideration.
Anderson said a trail along the lake is fine, but consider,al recast
be given to preserving a "backstage" area for the ducks to i+..11.J .
Marilyn Heath, 7665 Smetana Lane, stated there would be a loft: o problems
with flooding of her mother' s property if the water level in � *,ana Lake
were to be raised. She said the low level now is at 834' is the
highest it has ever been.
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City Council Minutes -5- June 4, 1985
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
�. and to adopt Resolution No. 85-127, approving the development of Planned
Unit Development of Southwest Crossings by Vantage Companies with close
attention being given to Lot 18; it is understood that no consideration is L',eing
given to the raising of the level of Smetana Lake. t1otion carried unanimously.
B. JUHL PACIFIC by Opus _Corporation. Request for Zoning District change
from Rural to I-2 Park on 4. 5 acres and preliminary plat of 4.5 acres
into one lot for construction of a 61,000 square foot office/warehouse.
Location: southeast corner of Valley View Road and Equitable Drive.
(Ordinance No. 18-85 — rezoning from Rural to I-2 Park and Resolution
No. 85-128 - preliminary plat)
City Manager Jul lie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
David Hunt, project manager for Opus Corporation, and Greg book , architect ,
addressed the request.
Planning Director Enger noted the Planning Commission had reviewed this
request at its meeting on May 13, 1985, at which time it voted to recom .
ment approval subject to the recommendations included in the May 10 ,
1985, Staff Report. Enger said the plans which are dated May 30, 1985 ,
were done with the changes recommended by the Planning Commission. I
This item was not reviewed by the Parks, Recreation b Natural Resources i
Commission as no cash park fees are indicated in the Edenva l e area.
Peterson asked how the problem with the loading area had been resolved.
Enger said the loading had been broken up into three areas ivil och area
would be bermed and landscaped.
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Bentley expressed concern about the rooftop material . Nook ° ,. i the
roof material is an architectural metal with a mylar surface. Eger
said the material is similar to that on the Public Safety Burt' ' i,g.
Enger stated his only concern was with the way this fits in wi ;.'i the
rest of the area and the design framework in that area.
Anderson noted this would be across the street from some high :Isity
residential and expressed concern about the view the residnnt,, ' 4nuld i
have. Ender said the mechanical equipment would be screenod . ';-)ok
said the metal roof screens the rooftop mechanical and also E < ales
clerestory windows,
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City Council Minutes -6 June 4 , 1985
MOTION: Redpath moved , seconded by Pidcock, to close the Public Hearing
and to give 1st Reading to Ordinance No. 18-85, rezoning. Motion carried
unanimously.
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MOTION: Redpath moved, seconded by Pidcock, to adopt Resolution No. I
85-128, approving the preliminary plat of Juhl Pacific for Opus Cor-
poration. Motion carried unanimously.
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MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare
a Summary Resolution of Approval per Commission and Staff recommendations .
Motion carried unanimously
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C. VACATION OF ST. JOHN' S DRIVE (Resolution No. 85-133)
City Manager Jul 1 i e indicated notice of this Public Hearing had been pub-
lished and stated the homeowners in the St. John Moods area are in favor
of this action.
Director of Public Works Dietz addressed his memorandum of May 30, 1985,
in which this issue was reviewed.
ti There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing
and to adopt Resolution No. 85-133, vacating St. John's Drive in the
northwest , of the northeast < of Section 3. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
the appropriate maintenance agreement and easement (Iutcuments for execution
by the Homeowner' s Association. Release of the Resolution author -,ing
the vacation is subject to receipt of these documents, Motion c ,t, ried
unanimouisly.
D. VACATION, OF EASEMENTS AND RIGHT-OF-WAY IN PART OF RIDGEW+OOD 0-ST as newly
platted as at 5 Resolution No. 85-131 _
City Manager Jul l ie stated notice of this Public Pearing had he en publish(.-,,!,
Director of Public Works Dietz reviewed the details of the vac._tion.
There were no continents from the audience.
MOTION: Anderson moved, seconded by Bentley, to close the Public !'eari ng
and to adopt Resolution No. 85-131, vacating the right-of-way .%nd drainage
and utility easements in Ridgewood West. Motion carried uni.n 'rnously.
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City Council Minutes -7- June 4, 14985
E. VACATION OF A SEGMENT OF OLD SHADY OAK ROAD IMMEDIATELY SOUTH OF 62nd
STREET Resolution No. 85-132
City Manager Jullie said notice of this Public Hearing had been published.
Director of Public Works Dietz explained the details of the vacation.
Mike Loosen, 6200 Shady Oak Road, indicated this provided access to
his property; he stated he had no objection to the vacation.
MOTION: Anderson moved, seconded by Redpath , to close the Public Hearing
and to adopt Resolution No. 85-132, vacating a portion of the Old Shady
Oak Road right-of-way in northeast k; of the northeast 4 of Section 2,
T 116 R 22. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson , to direct Staff f.o work
with Loosen to find a solution to his access problem. Motion i-a-;rried
unanimously.
F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE tF4..1, X.` �T OF
$4,850,000.00 FOR EVERGREEN PRUPERTIES Resolution No. 85-13b)
City Manager Jullie said notice of this Public Near-ing was published;
Jullie called attention to Finance Director Frane' s memorandum dated
May 30, 1985, in which this was reviewed.
Dennis Doyle, President, Welsh Companies , spoke to the request.
Wally Hustad, Sr. said he felt there were problems confronting the
City due to the limited amount of funds available for munici l-al indus-
trial development bonds. He said he would like to point out t: the
best interests of the City are not necessarily the best i me -- of
those making the rules. He stated that some of his projects -. 1 not
be rated very highly because hotels do not provide the numt)a--r o-F
• jobs that other businesses and industries do. Hustad said his ' ,tel
project is dependent on bonds. He said he was asking the Ca nciI Lo
look at what is being proposed and not just what proposals ar-_, t:;�rore
it at the present time. Hustad noted there are Eden Prairie ir, a �5, tors
involved in his project.
Anderson asked what the local cap amount was. Frane said $7 . :; 1:000
which means only one or two more proposals would be covere .i. i
Bentley asked about the State cap; were any funds available E"i-om that
source. Frane said he did not think there would be funds ilable
from the State' s cap. Bentley asked if there would be fun(;,. available j
from excess allocations. Frane said there are plenty of ru. ;.r,s but
as yet nothing concrete.
City Council Minutes -8- June 4, 2985
Bentley said he was not unsympathetic to Hustad's concerns . He noted
the City has not established criteria as to priorities. Bey)'-.ley pointed
out the the Council had established that those projects with prior zoning
would be considered before those without. Bentley also said that the
City is looking into "finding" other available MIDB money. }
Peterson asked if the City had any other options available to i t. City
Attorney Pauly said a "first come, first served" basis might be used or
else to delay the matter. Peterson asked if the Council is bound to
the procedure it has been following. Redpath said he thought the Council
had adopted a policy whereby those who had come through the proce-s would
be taken care of first. He said the Council must realize that en v,,ryone
is not going to be able to get MIDBs.
Pidcock asked Hustad how many employees his hotel would have . "ustad
said there would be about 30 full-time employees. Pidcock _.': ! what
the annual sales would be. Hustad said they were expecti„q :! }cat
$2,000,000; this hotel would be a lower-end, comparable to a ,Mon Inn.
He indicated they could get by with about $4,000,000 in MID3-> . }
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Redpath said he would suggest the Council go with what has gc -�_hrough
the process.
MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing
and to adopt Resolution No. 85-136, reciting a proposal for a commercial
facilities development project, giving preliminary approval to the project
pursuant to the Minnesota Municipal Industrial Development Act authorizing
the submission of an application for approval of the project to the Energy
and Economic Development Authority of the State of Minnesota -,nd authorizing
the preparation of necessary documents and materials in core.-.- 1:ion with
the project. (This would be "inside" the City's cap. ) Mot ' ;7 carried
unanimously.
MOTION: Redpath moved, seconded by Bentley, to direct Staff' , ) .'o
everything: possible to seek other ?1IDB monies . Motion carr ,. ,, :<;„fnimously.
G. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE A; ,_''_'NT OF
$'-Ta�� �0 FOR HAGEN SYSTEMS, RIALT ResoTu on No 8 - i 31 )
City Manager Jul l ie indicated notice of this Public Hearing
published.
Finance Director Frane addressed his memorandum of May 30, 1 = 'S, in
which this issue was reviewed.
MOTION: Bentley moved, seconded by Redpath, to close the Punic Hearing
and to adopt Resolution No. 85-137, giving preliminary approval to a
proposed industrial development project by Rialto Investments Under the
Municipal Industrial Development Act and authorizing submission of an
application to the Minnesota Energy and Economic Development Authority
for approval thereof. (This would be "outside" the City' s cap. ) Motion r
carried unanimously.
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City Council fli nutes -9- June 4, 1985
H. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
4,500,000.00 FOR HAMPTON HOTEL Resolution No. 85-138
City Manager Jullie indicated notice of this Public Hearing was published:
Finance Director Frane' s memorandum of May 30, 1985, referred to this
proposal.
MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing
and to adopt Resolution No. 85-138, giving preliminary approval to a.
project under the Municipal Industrial Development Act, referring the
proposal to the Minnesota Department of Energy and Economic Devc? ,-}inent
for approval , and authorizing preparation of necessary document. .
(This would be "outside" the City' s cap. ) Motion carried unani-- usly.
V. PAYMENT OF CLAIMS NOS. 20464 - 20795
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MOTION: Anderson moved, seconded by Pidcock, to approve the Pa;,,1e1:, of Claims
Nos . 20464 - 20795. Roil call vote: Anderson, Bentley, Pidcock, ';,,ath, and
Peterson voted "aye." Motion carried unanimously.
VI . ORDINANCES & RESOLUTIONS
There were none.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Lueck sewer/water connection fee. (Continued from May 21 , 1985)
This item was continued to the June 18, 1985, Meeting of the Cit.- rc� nci 1 .
B. RESEARCH FARM 2ND ADDITION by Northrup King. Request for prel xy prat
of approximately 177 acres into six outlots. Location: west c.. " ;ghway
169 at Anderson Lakes Parkway. (Resolution No. 85-126 - pre. ' .:' ry plat
and Resolution No. 85-130 - final plat)
City Manager Jul l i e noted the official Public Hearing fLr th i -. ,I ,I'A ng
request was held before the Planning Commission which recomm. •)proval .
He indicated the proposed platting accomplishes the right-of di ca-
tion plus the creation of parcels of property to be sold.
MOTION: Redpath moved, seconded by Pidcock, to adopt Resolu' -:; 0.
85-126, approving the preliminary plat of Research Farm 2nd . on
for Northrup King. Motion carried unanimously.
MOTION: Redhath moved, seconded by Pidcock, to adopt Resolut. ;vn �fo.
85-130, approving the final plat of Research Farm 2nd Additir,;t. Motion
carried unanimously.
VIII . REPORTS OF ADVISORY COMMISSIONS
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There were none.
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City Council Minutes -10- June 4, '911)5
IX. APPOINTMENTS
A. Nine Mile Creek Watershed District - Endorsement for the rP_-, , Antment of
Jr--ugene Davis to the Nine Mile Creek Watershed District
MOTION: Anderson moved , seconded by. Redpath, to endorse the appointment
of Dr. Eugene Davis to the Nine Mile Creek Watershed District . Motion
c cirri ed unanimously.
X. REPG ;I S OF OFFICERS, BOARDS & COMMISSIONS
A. ridcock - reported on a recent conference which she had atten ':.: ` in Boston.
)he-rioted the Council should act and not react, should create favorable
Dusiriess environment, and should know where it wants to go. " ic.cock said
-.he would share pertinent materials with Counci 1 members.
Peterson - noted that Jesse Schwartz, Jr. has resigned from i:! .a Parks ,
Recreation & Natural Resources Commission effective July 1, I• =,a . Peter- f
son stated there were eight people interested in serving on t i Commission
and suggested the Council meet at 6 p.m. prior to its June 18, 1985,
Meeting to interview those interested in serving. He asked S�aff to
determine what area of expertise is most needed on the Commission.
Anderson said he felt someone with a natural resource background or
concern was needed at this time.
B. !'e op rt of City Manager
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? Staffing Request - Public Safety Department
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City Manager Jullie called attention to his memorandum c '` :y 30,
1985, in which this matter was addressed.
Director of Public Safety Hacking spoke to the need.
Bentley asked if one officer was enough; based on the inf,_ ; ion
provided the Counci 1 he felt there might be a need for moz c- : 'lan
one officer.
Anderson asked if we have officers on duty to provide hac' .cps .
Hacking said it is not always possible to do this.
MOTION: Redpath roved, seconded by Bentley, to authorize is
addition of one Public Safety Officer at this time. Mots, �i i arried
unanimo-asly.
Redpath asked when the authorized Assistant Planner would
starting work. Planning Director Enger said he was in th, srocess
of hiring someone right now. Anderson said the City cant;,, afford
to not be competitive when it comes to salaries.
City Council Minutes -I1- June 4, : 8`5
C. Report of City Attorney
There was no report. "
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XI . NEW BUSINESS
A. Woodlawn Heights Park Grading
Di rector of Community Services Lambert reviewed the plans a r.,d ire problems
which have been encountered in this area.
MOTION: Redpath moved, seconded by Anderson , to approve th,- (°> ading ;)lan
for the Woodlawn Heights Park grading and to request a letter 4 creoit
for $25,000. Motion carried unanimously.
B. Anderson Lakes Outlet Project
City Manager Jul l ie stated this item had been before the at its !
last meeting.
Director of Public Works Dietz reviewed the options avai l ah ' ,, to the
City as well as the cost estimates.
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Director of Community Services Lambert said he felt the $I6 r i +:JO which
would be the City's share was acceptable.
MOTION: Anderson moved, seconded by Redpath, to approve the $16,000
( expenditure to provide an outlet to Anderson Lakes which will ..yid in
`°- maintaining the lake levels; a minimum water elevation is ru 1, ;1,,,iran
teed; this expenditure is contingent upon Hennepin County a r:s :~i o-
politan Council support via the Master Plan. Motion carried g ,mou,>ly.
XII . ADJOURNMENT
MOTION: Pidcock moved, seconded by Bentley, to adjourn the nieet -)� t
11: 35 p.m_ Motion carried unanimously.
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