City Council - 09/03/1985 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and Paul
Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City Attor-
ney Roger Pauly, Finance Director John D.
Frane, Planning Director Chris Enger,
Director of Community Services Robert
Lambert, Director of Public Works Eugene A.
Dietz, and Recording Secretary Karen
Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
( The following changes were made to the Agenda: item II. B. Revised
Housing Bond Approval for Baypoint Manor II was continued to the Oct-
o ert 2, 1985, meeting of the City Council ; item II. J. Hagen Systems was
deleted; item III. B. Request from Midwest Asphalt Cor oration to appeal
decision rendered July 11 by the Board of Appeals & Ad-
justments on Variance Request No. 85-24 was tabled; and item VI. B.
Baha'i Resolution was added to the Agenda.
MOTION: Bentley moved, seconded by Redpath, 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. Revised Housing_ Bond Approval for Ba oint Manor II (Resolution No.
85-T93) - CONTINUED TO OCTOBER 2. 1985, COUNCILMEETING.
C. Cooperative construction agreement with Hennepin County for CSAH .
Agreement No. PW -49-85 (Resolution No. - - TABLEUT.
D. Special Assessment Agreement with Harold Schaitbe,rger regarding
sanitary sewer extension in the future
E. Final plat aRproval for Edenwoods Business Center (formerly The Oaks)
(Resolution No. 85-205)
City Council Minutes -2- September 3, 1985
F. Final plat approval for Red Rock Heights 2nd Addition (Resolution No.
85-
G. Final plat approval for Technology Park 3rd Addition (Resolution No. j
H. Resolution No. 85-212, supporting United Way Oaf
I . EDEN PRAIRIE PUBLIC LIBRARY by Hennepin County Library. 2nd Reading.
of Or inar.ce No. - Zoning District Amendment within a Public
Zoning District on 2.51 acres; approval of Developer's Agreement for
Hennepin County Library; and adoption of Resolution No. 85-191,
authorizing Summary of Ordinance No. 3-85 and ordering Publication of
said Summary. 10,000 square foot building. Location: southwest
corner of Prairie Center Drive and Preserve Boulevard.
J. HAGEN SYSTEMS by Hagen Systems. 2nd Reading of Ordinance No. 23-85,
Planned Unit Development District Review and Zoning District Change
from Rural to I-2 Park, on 3.02 acres; approval of Developer's
Agreement for Hagen Systems; adoption of Resolution No. 85-190,
authorizing Summary of Ordinance No. 93-85, and ordering publication
of Said Summary. Location: east of City West Parkway, west of
Highway #169. DELETED FROM AGENDA.
K. HAMPTON INN by Eden Prairie Hotel Investors. 2nd Reading of Ordinance
No. 2�, Zoning District Change from C-Regional to C-Regional
Service for 2.69 acres, with variances; approval of Developer's
Agreement for Hampton Inn; and adoption of Resolution No. 85-202,
authorizing Summary of Ordinance No. 24-85 and ordering publication of
Said Summary.
L. TECHNOLOGY PARK - Environmental Assessment Worksheet, Finding of No
Significant Impact (Resolution No. 85-149)
M. PARKWAY APARTMENTS - Environmental Assessment Worksheet, Finding of No
Significant Impact (Resolution No. 85-153)
Regarding item "I": Bentley expressed concern about the door to the trash
area. Lyle Landstrom, representing the Hennepin County Library System,
stated the County would put a door on the trash area if funds were
available to do so. He said this would have to be done via a change order
which would make it more expensive. Landstrom indicated they would make
an effort to upgrade the landscaping in the next few years.
Pidcock stated she would abstain from voting on item "F."
MOTION: Redpath moved, seconded by Bentley, to approve items A, C - I,
and K - M on the Consent Calendar. Motion carried with Pidcock abstaining
on item 'IF."
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City Council Minutes -3- September 3, 1985
III. PUBLIC HEARINGS
A. FEASIBILITY REPORT FOR TECHNOLOGY DRIVE IMPROVEMENTS FROM WALLACE
ROAD EAST TO CPTj I.C. A Resolution No. - continued
from August ZO, 1985 Council Meeting.
City Manager Jullie indicated this item was continued from the August
20th Council Meeting. He said at that time Council members had raised
concerns relating to the procedure for right-of-way acquisition and ,
the sources of funding therefore. He called attention to the August 3
28, 1985, memorandum from Director of Public Works Dietz which
responded to the concerns raised by the Council and which recommended
the proposed project schedule and financing method. City Attorney
Pauly noted the recommendation should include that the purchase of the
property should be either by the City or by an adjacent property
owner.
Director of Public Works Dietz referred to his memorandum of August
28th which outlined the proposal . He said he would like to be able to
put together this project during the Winter.
Pidcock asked how the property which the City would buy and later put
up for sale would be marketed. Dietz said at one time one of the
property owners tried to purchase that property from the present owner
of the property and the City would approach that prospective buyer
first. Pidcock asked what activity there had been in that area.
Dietz said one lot in that area had recently sold; there appears to be
some interest in the property under discussion. Anderson asked if the
City had done this before. Jullie said the City has conveyed a piece
of excess right-of-way along Flying Cloud Drive; the City had an
appraisal made of the property and the City sold it directly to the
buyer.
Bernie Bogeskov, Metro Machine and Engineering, said the taxes on that
particular piece of property, which is vacant, are about $10,000 a
year. He said he did not feel the proposal sounded right. It does
not allow them to sell that piece of property.
Jon Otterlie, property owner, said he did not feel it was fair to have
this hanging for a year. The City should decide which way it is going
to go.
Dick Kast, Metro Machine, said in 1982 he appeared before the Council
and stated none of the property owners wanted to sell any of their
property for this road. He noted the taxes on that property went up
30% last year.
Otterlie said he had intended to market his property this year.
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City Council Minutes -4- September 3, 1985
Redpath said the City is helping to do what the property owners want
p y
to do in the end and that is to sell the property. Bentley noted that
if the City does not find a buyer for the property, then the road will
not be built.
Otterlie said he cannot market his property because of the pending
road project. He asked why the City cannot purchase the property.
Peterson said it was unlikely the City was going to rescind the
decision made in 1982 to put a road through and what is being proposed
was a viable solution and would help Otterlie to ultimately sell his i
property. Anderson said he would like to see the matter tabled.
Bentley said he felt the proposal before the Council would take care
of what has to be done.
Bogeskov said he would like to meet with Dietz for further
discussions. Bentley asked if an agreement might be worked out even
if this Resolution was adopted. The consensus was it could be.
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MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to adopt Resolution No. 85-160, ordering improvements and
preparation of plans and specifications, I.C. 52-010A, Technology
Drive Road Improvements east from Wallace Road subject to the
following: 1) no contract for the street improvement shall be let
until all necessary right-of-way has been acquired; and 2) no right-
of-way shall be purchased by the City until such time as a buyer for
the excess right-of-way has entered into an appropriate purchase
agreement. Motion carried unanimously.
B. Request from Midwest Asphalt Corporation to appeal decision rendered
uty by the Board of Appeals d, ustments on Variance Request No.
8 - A Public Meeting - continued from August , 1985,Council
Meeting. TABLED TO A DATE NOT CERTAIN.
C. EDEN PLACE APARTMENTS by Tipton Corporation. Request for Zoning
District Change from Rural to RM-2.5 on 32.8 acres, Preliminary Plat
of 50.64 acres into two lots, two outlots, and road right-of-way, and
Environmental Assessment Worksheet for construction of 496 apartment
units. Location : west of Highway #169, north of Research Road, and
east of Purgatory Creek. (Ordinance No. 30-85 - rezoning from Rural
to RM-2.5; Resolution No. 85-200 - Preliminary Plat)
City Manager Jullie said notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Mike Sjeklocha, president, Tipton Corporation; Steve Young, architect;
Joseph Whitney, partner; Bob Layman, vice president, Tipton
Corporation; and Bill Hamilton, civil engineer; were present.
Sjeklocha addressed the background for the request. Young reviewed
the proposed development.
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City Council Minutes -5- September 3, 1985
Planning Director Enger said this request had been reviewed by the
Planning Commission at its meeting on July 8, 1985, at which time the
Commission continued action to its August 12, 1985, meeting.
Substantial changes were recommended by the Commission and these
changes were made between the two meetings. The Commission voted to
recommend approval of the request subject to the recommendations
included in the Staff Report dated August 9, 1985.
Director of Community Services Lambert noted this request had been
reviewed by the Parks, Recreation & Natural Resources Commission at
its meeting on August 19, 1985, at which time the Commission voted to x
recommend approval subject to the Planning Staff Reoort dated August
9, 1985, and the Supplementary Staff Report dated August 13, 1985.
Peterson asked if a couple moved in without children, would they have
to move when they had a child. Sjeklocha said they would have to move
into a building where children were allowed; he noted this policy was
made very clear right from the start and that no one was evicted
because of this.
Anderson questionned what is allowed in a scenic easement area.
Lambert explained the proponent has proposed that the City would
actually own the easement. Anderson asked if the City had any plans
for use of the easement. Lambert said the City would like to acquire
r all the property in that creek corridor on the east side -- or to at
least acquire a scenic easement on those properties so it could be
preserved.
Pidcock asked if there were any laws about renting to adults only.
City Attorney Pauly said there are laws against discriminating.
Sjeklocha said it is within the parameters of the law to have
buildings designated for certain populations. Anderson asked if there
would be units available for the handicapped. Sjeklocha stated there
would be 30 handicapped units; these would be specifically designed
for special individuals.
MOTION: Bentley moved, seconded by Anderson, to close the Public
Hearing and to give 1st Reading to Ordinance No. 30-85. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-200, approving the preliminary plat of Eden Place Apartments for
Tipton Corporation. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to
prepare a Developer's Agreement per Commission and Staff recom-
mendations. Motion carried unanimously. r
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City Council Minutes -6- September 3, 1985
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D. THE PARK AT CITY WEST by Finger Enterprises. Request for Planned Unit
Development Amen gent Review, Zoning District change from Rural to RM-
2. 5, and preliminary plat of approximately 13.5 acres for an apartment
complex. Location: City West Parkway, east of Shady Oak Road.
(Ordinance No. 31-85 - rezoc;ing from Rural to RM-2.5 and Resolution
No. 85-201 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been
published and property owners within the project vicinity had been.
notified_
Allan Huvard, Finger Enterprises; John Pope and Marshall Levin,
architects; Marvin Finger, Finger Enterprises; Joe Finley, attorney;
Gary Rosengren; Bill Sanders and Rick Craig of Finger Enterprises,
were present. Huvard addressed the proposal .
Planning Director Enger said this request had been reviewed by the
Planning Commission at its meeting on August 12, 1985, at which time
the Commission voted to recommend approval subject to the
recommendations included in the Staff Report dated August 9, 1985.
Director of Community Services Lambert stated the Parks, Recreation &
Natural Resources Commission had reviewed this request at its meeting
on August 16, 1985, at which time it voted to recommend approval
subject to the recommendations included in the Planning Staff Report
and with the addition that a trail system be worked out. The Parks,
Recreation & Natural Resources Commission was concerned about the
trail in this area. Enger noted that issue has been resolved.
Pidcock asked whether or not children would be allowed in the
buildings. Huvard said it is their feeling that Federal and State
laws do not allow them to discriminate. Pidcock asked to what
population these units would be marketed. Huvard stated the rents
would be in the $500 - $1000 per month range with 5% of the units be
designated for the handicapped.
Redpath asked what arrangements had been made with ADI, the developer
of City West, regarding the trail system. Enger said there was an
escrow arrangement in place which guarantees development of the trail.
Redpath said if it is not a part of the PUD, then it should be made a
part of this proposal .
Peterson asked the construction timetable. Huvard said they would be
coming back to the Council for Housing Revenue Bonds. He said they
would be looking to start construction about November 1st.
Anderson said he was pleased with the tree inventory presented by the
developer. He asked what was planned to be done by the developer to
protect the trees which will remain on the site. Huvard said they
will use stakes and snow fencing, they will work with the City
Forester, and they will feed the roots and trim the drip lines to
further protect the trees.
City Council Minutes -7- September 3, 1985
Pidcock asked what the density per acre would be of this development.
Huvard said the density would be 24 units per acre.
MOTION: Anderson moved, seconded by Bentley, to close the Public
Hearing and to give 1st Reading to Ordinance No. 31-85. Motion
carried unanimously,
MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No.
85-201, approving the preliminary plat of The Park at City West for
Finger Enterprises; to direct Staff to prepare a Developer's Agreement
per Commission and Staff recommendations; and, prior to 2nd Reading,
to get some commitment from the parties involved regarding the trail.
Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 22316 - 22551
!LOTION: Anderson moved, seconded by Bentley, to approve the Payment of
Claims Nos. 22316 - 22551. Roll call vote: Anderson, Bentley, Pidcock,
Redpath, and Peterson voted "aye." Motion carried unanimously.
V. ORDINANCES b RESOLUTIONS
There were none.
VI. PETITIONS, REQUESTS b COMMUNICATIONS
A. Request from Vantage Corporation to set hearing date of September
17, 1985, to appeal decision rendered the Board of Appeals
Adjustments on Variance No.
City Manager 3ullie stated Staff has checked with other communities
and Eden Prairie's parking lot dimensions are well within the range of
dimensional requirements of other cities.
MOTION: Bentley moved, seconded by Redpath, to set September 17,
1985, as the date for a hearing before the City Council as requested
by Vantage Corporation to appeal the decision rendered by the Board of
Appeals b Adjustments on Variance No. 85-28. Motion carried
unanimously.
B. BAHA' I RESOLUTION
Peterson called attention to the data which had been submitted by the
local Baha' i Fellowship including a copy of the Resolution which they
wished to have endorsed. Peterson suggested changes which he would
like to see made in the original resolution.
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Bentley asked the why the City was being asked to endorse this.
Michael Furst, 8693 Darnel Road, representing the Baha' i Fellowship,
said he was not sure but he felt that some action was better than
none.
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MOTION: Redpath moved, seconded by Pidcock, to adopt Resolution No. x
85-I98, memorializing Congress and the President to continue their
efforts to halt the persecution of the Baha' i minority in Iran.
Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII . APPOINTMENTS
There were none.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Peterson - expressed concern regarding the number of late meetings
which the Council has had and suggested thought be given to limiting
/ the number of public hearings on the agenda, limiting the discussion
on each item, starting the meetings at 6:30 p.m. , and/or having a 3 .
third meeting each month which would be dedicated to Staff reports and
background reports which would allow the Council to discuss proposals
in greater detail . Redpath stated that "good decisions are not made
after midnight." He suggested there might be a limit of three public
hearings on each agenda. Bentley asked what would happen should eight
public hearings come up; he noted that Commissions have tried limiting
the number and it does not work. Anderson said Fall seemed to be the
busiest time of the year each year; he said he was not opposed to
extra meetings but he did not like meetings which lasted past
midnight. Bentley said perhaps the fourth Tuesday could be reserved
for workshop sessions; the second Tuesday would then be available for
special meetings or it could be used as a carryover meeting. Enger
noted some of the pitfalls of limiting the discussion time at meetings
including the possibility of continuing a number of items which would
then create a backup on the next agenda. Staff was asked to work with
the Mayor on this and to come back to the Council with a specific
proposal .
Pidcock - asked if was possible to get the Council packet earlier than
ri�preceeding the Council meeting. City Manager Jullie said it is
difficult to get them out any earlier because the materials included
are from so many different sources.
City Council Minutes -9- September 3, 1985
Anderson - said he would like to see "Mayor's Report" as an item on the
Agenda so the Council would be made aware of what activities he has
been involved in as well as communications which have been received
which might be of general interest to Council members.
B. Report of City Manager
City Manager Jullie said he has been working on the City Budget and
hoped to have a draft to the Council on Friday; this will be reviewed
by the Council at its Special Meeting on September loth.
C. Report of City Attorney
City Attorney Pauly noted that there was a meeting of the Resources
and Environmental Committee of the Metropolitan Council on August 21,
1985, at which time the Committee requested a supplemental
Environmental Impact Statement.
D. Report of Director of Community Services
1. Request or approval to authorize Twin City Testing to proceed
with additional testing of Community Center
Director of Community Services Lambert addressed his memorandum of
August 23, 1985, in which this matter was discussed.
MOTION: Redpath moved, seconded by Bentley, to authorize Twin
City Testing to proceed with the tests as proposed in their August
15, 1985, letter with the total cast of the work not to exceed
$6900. Motion carried unanimously.
A. NEW BUSINESS
Redpath suggested a closed session be held to discuss personnel matters.
City Attorney Pauly explained the Council is not permitted to do that;
personnel matters, unless they are in litigation, are open to the public.
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at
10:38 p.m. Motion carried unanimously.
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