City Council - 03/04/1986 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 4, 1986 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 Rick Rosow, 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.
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I. APPROVAL OF AGENDA ANO OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX. A. 1. Discussion of
Cit Manager 's Review Document; IX. A. 2. Selective Service e"�soTFion;
an I X.`Ai coc .
MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and
Other Items of Business as amended and published. Motion carried
unanimously.
II. MINUTES OF NOVEMBER 5s 1985, JOINT MEETING WITH BOARD OF ADJUSTMENTS AND
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the
November 5, 1985, Joint Meeting with the Board of Adjustments and Appeals
as published. Motion carried unanimously.
III . CONSENT CALENDAR
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A. Clerk 's License List
B. Tax Forfeited Lands (Resolution No. 86-36)
C. Set Date for S
pecial, Cit Council Meetin for Tuesday March 11 19862
at m. A-ua orium, to rev�'ew-Landf i le'por'
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City Council minutes -2- March 4, 1986
D. Set Board of Review Meeting for Thursday, May 15. 1986, at 7:00 p.m.
in th e 3chooT Administration Boardroom
E. Parade Permit for "Project Concern"
F. Final Plat, Eden Lake North (Resolution No. 86-37)
G. 1st Reading Ordinance No. 11-86 changing the number of members on the
Toara of Adjustments ands ea-°is rof om ive to seven
H. PARKWAY OFFICE/SERVICE CENTER, by The Brauer Group, Inc. 2nd Reading
of Ordinance No. 0-85 and 2nd Reading of Ordinance No. 43-85.
rezoning from Rural to Office on 0.92 acres and rezoning from Rural to
Neighborhood Commercial on 2.75 acres, respectively; approval of
Developer 's Agreement for Parkway Office/Service Center; and adoption
of Resolution No. 86-25 authorizing Summary of Ordinance No. 40-85 and
Resolution No. 86-38 authorizing Summary of Ordinance 43-85, and
ordering publication of said summaries. 3.67 acres into two lots.
Location: northeast corner of Anderson Lakes Parkway and Highway
#169. (Ordinance No. 40-85 and Ordinance No. 43-85, rezoning;
Resolution No. 86-25 and Resolution No. 86-38 - authorizing Summaries
and Publication)
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I. EDEN LAKE NORTH, by Commercial Excavating, Inc. 2nd Reading of
Ordinance o. 2-86, Zoning District change from Rural to R1-13.5;
approval of Developer 's Agreement for Eden Lake North; and adoption of 1
Resolution No. 86-34, approving Summary of Ordinance No. 2-86 and
authorizing publication of said Summary. Location: Franlo Road and I
Preserve Boulevard. (Ordinance No. 2-86, rezoning and Resolution No.
86-34, authorizing Summary and Publication)
J. AMOCO OIL COMPANY, by Amoco Oil Company. 2nd Reading of Ordinance No.
-86, Zoning District change from Rural to Neighborhood Commercial for
1.4 acres; approval of Developer 's Agreement for Amoco Oil Company;
and Adoption of Resolution No. 86-26, approving Summary of Ordinance
No. 3-86 and ordering publication of Said Summary. 1. 4 acres for
self-serve gasoline station, convenience store, and car wash.
Location: southeast quadrant of Highway #169 and Anderson Lakes
Parkway. (Ordinance No. 3-86, rezoning and Resolution No. 86-26,
authorizing Summary and Publication)
MOTION: Bentley moved, seconded by Anderson, to approve items A J on
the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. RED ROCK HEIGHTS 3RD ADDITION by Jerry Halmrast and Bill Gilk.
Request for Zoning Distric c ange from Rural to R1-13.5 on 6.4 acres,
with shoreland variances to be reviewed by the Board of Appeals, and
City Council Minutes -3- March 4, 1986It
preliminary plat of 14 acres into 7 lots and 3 outiots. Location:
southeast quadrant of Village Moods Drive and View Lane. (Ordinance i
No. 7-86 - rezoning from Rural to R1-13.5 and Resolution No. 86-27 -
preliminary plat ) - continued from February 18, 1986 s
City Manager Jullie stated this meeting had been continued from the t
Counci l 's February 18, 1986, Meeting with the major unresolved issue
being the trail connection along Red Rock Lake.
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Director of Community Services Lambert reviewed the options considered
by the Parks, Recreation & Natural Resources Commission at its meeting
on March 3, 1986, and as outlined in Lambert 's Memorandum dated
February 27, 1986. Lambert said the Commission had voted to recommend
the stairway alternative which is preferable to terminating the trail.
Peterson asked if there were any liability concerns for the City if
this stairway is not maintained in the winter. City Attorney Rosow
said there is some liability and then he reviewed similar situations
within the City of Minneapolis.
Pidcock said the trail is presently in bad shape.
Bill Gi lk, proponent, thanked the Council and said he appreciated the
help he iad received in moving this request through so smoothly.
140TION: Redpath moved, seconded by Bentley, to close the Public
Hearing and to give 1st Reading to Ordinance No. 7-86. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
86-27, approving the preliminary plat of Red Rock Heights 3rd Addition
for Jerry Halmrast and Bill Gilk. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to
prepare a Developers Agreement per Staff and Commission recom-
mendations. Motion carried unanimously.
B. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning
District change from 0fice to C-Regional -Service on one acre for
exisiting building. Location: northwest quadrant of Regional Center
Road and Eden Road. (Ordinance No. 8-86 - rezoning from Office to C-
Regional-Service) - continued from February 18, 1986
City Manager Jullie noted this Public Hearing was continued form
February 18, 1986, at which time the Council directed Staff to meet
with Cardarelle to explore reducing the precentage of building space
which would be devoted to commercial purposes.
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City Council Minutes -4- March 4, 1986
Planning Director Enger reviewed the discussions which had been held
with Cardarelle.
Bentley said he would like to be consistent and retain this as an
office use.
Pidcock asked City Attorney Rosow if restrictive covenants should be
placed on the property. Rosow said the only way to limit the use
within the building is via restrictive covenants. Pidcock asked if 3
that would not be interfering with the rights of the property owner.
Rosow said if the owner puts on the covenants it then becomes the
owner 's act; the Council is not under any obligation to rezone the
property.
Cardarelle said he would like to put on restrictive covenants but have
them apply only to the building while it is in his ownership or with
the consent of the City Cocncil. Rosow said restrictive covenants can
be set up rather specifically and/or for a specific period of time.
Bentley said he thought this was an issue concerning precedents. He
said the Council had approve the office use which was justified on
that site. He said he would hate to see the Council establish some l
precedent which would jeopardize uses in this area.
MOTION: Redpath moved, seconded by Pidcock, to close the Public
Hearing and to give lst Reading to Ordinance No. 8-86. Motion failed
with Anderson, Bentley, and Peterson voting "no".
MOTION: Bentley moved to direct Staff to prepare a Resolution No
Denial with Findings regarding the request for rezoning. Motion died
for lack of a second.
MOTION: Anderson moved, seconded by Pidcock . to continue action on
this item to the March 25, 1986, Meeting of the City Council . Motion
carried with Bentley voting "no".
C. ALPINE VILLAGE by Herlitz Construction. Request for rezoning from RI-
22 - for 8.23 acres and preliminary plat of 8.23 acres into
17 lots. Location: east of Alpine Trail , south of Chicago,
Milwaukee, St. Paul and Pacific Railroad. (Ordinance No. 6-86 -
rezoning from R1-22 to R1-13.5 and Resolution No. 86-23 - preliminary
plat ) - continued from February 4, 1986
City Manager Jullie stated this Public Hearing was continued from the
Council 's February 4, 1986, Meeting, at which time the major items to
be resolved were the site grading plan, provision for sewer, and
possible trail connection to the Purgatory Creek floodplain.
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City Council Minutes -5- March 4, 1986 k
Director of Community Services Lambert reviewed the action taken by
the Parks, Recreation & Natural Resources Commission at its meeting
last evening including approval of the revised grading plan. Lambert
stated the sewer issue is to be resolved by an agreement between the
developer and the owner of the affected adjacent property . The trail
connection to the floodplain would appear more appropriate with
development of property south of this proposed development.
Anderson stated a trailway should be proposed so residents can get to
a park particularly since this is a long cul -de-sac. Lambert said the
easiest way to resolve this would be to put through Hillcrest Court to
Edenva le Boulevard; a pedestrian crossing could be included with that.
Anderson said he thought a trail connection was pertinent to
development of this area. Planning Director Enger said the property
to the immediate east of this is developable. At the time the
property is developed a crossing and connection might be considered.
Anderson said he thought the City should have a plan in place for a
way for the residents in this area to get to a park.
Charles Habiger, Herlitz Construction, stated the property owner to
the east has no intention to sell the property at the present time.
Dwight Harvey, 16190 Alpine Way, noted that the residents of this
neighbohood use Round Lake Park which is a half mile away.
MOTION: Bentley moved, seconded by Pidcock, to close the Public
Hearing and to give 1st Reading to Ordinance No. 6-86. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No.
86-23, approving the preliminary plat of Alpine Village for Herliz
Construction. Motion carried unanimously.
MOTION: Redpath moved, seconded by Anderson, to direct Staff to
explore a crossing in the general area of H i l l cres t Court and to come
back to the Council with a recommendation in a month.
IlOTION: Bentley moved, seconded by Pidcock , to direct Staff to
prepare a Developer's Agreement per Commission and Staff recom-
mendations. Motion carried unanimously.
D. DOUGLAS CORPORATION HEADQUARTERS by Opus Corporation. Request for
Planned nit Development Concept Review or, 95+ acres of land for
office headquarters, manufacturing and distribution campus. Location:
Highway #i169 and Anderson Lakes Parkway. (Resolution No. 86-35 -
Planned Unit Development Concept)
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City Council Minutes -6- March 4, 1986
City Manager Jullie stated notice of this Public Hearing had been
published and property owners in the project vicinity had been a
notified. Jullie noted there had been a significant late development
in respect to this property and there would be a departure from the
usual hearing format.
Arlyn Grussing, Director of Planning and Development for Douglas
Corporation, asked for a 30-day continuation to allow time for the
School District to review this property as a possible site for a
middle school . Grussing stated this site had been purchased by the
Douglas Corporation as the site for their corporate headquarters.
Fred Hoisington, representing the School District, stated 30 days
might not be long enough ; 45 days would be preferable to complete
their study.
MOTION: Redpath moved, seconded by Pidcock, to continue this Public
Hearing to the April 1, 1986, Meeting of the City Council with the
likelihood of a 15-day extension. Motion carried unanimously. R
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E. FSI OFFICE BUILDING by tleyer, Scherer & Rockcastle, Ltd. Request for
oning Amendmenf within Office District on 1.6 acres of land.
Location: north of Highway #169, east of City West Parkway.
(Ordinance No. 10-86, amending Ordinance No. 39-83)
City Manager Jullie stated notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Jim Larson, architect for the proponent, addressed the proposal.
Planning Director Enger stated the Planning Commission had reviewed
this request at its meeting on February 10, 1986, at which time it
voted to recommend approval subject to the recommendations included in
the Staff Report of February 7 , 1986.
There were no comments from the audience.
MOTION : Anderson moved, seconded by Pidcock, to close the Public
Hearing and to give 1st Reading to Ordinance No. 10-86 amending
Ordinance No. 39-83. Motion carried unanimously.
MOTION: Anderson moved, seconded by Bentley, to direct Staff to
prepare a Developer's Agreement per Staff and Commission recom-
mendations. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 25702 - 25884
MOTION : Bentley moved, seconded by Redpath, to approve the Payment of
Claims Nos . 25702 - 25884. Roll call vote: Anderson, Bentley, Pidock,
Redpath, and Peterson voted "aye". Motion carried unanimously.
City Council Minutes -7- March 4, 1986
V1. APPOINTMENTS
A. Building Code Board of Appeals - two representatives; one for a 3-year
term and one for a 1-year term
The names of Bruce Long and Marcia Kolb were placed in nomination.
"OTION: Pidcock moved, seconded by Bentley, to appoint Marcia Kolb to
a three-year term and Bruce Long to a one-year term on the Building
Code Board of Appeals. The terms are to begin immediately (3-1-86 is
the date to be used. ) Motion carried unanimously.
B. Hennepin County Block Grant Citizens Advisory Board - appointment of p
one representative for an indefinite term, commencing immediately.
It was noted that "Pinky" Bramwell and Jacqueline Tornoe had expressed
an interest in serving on the Hennepin County Block Grant Citizens
Advisory Board.
The name of "Pinky" Bramwell was placed in nomination.
MOTION: Bentley craved, seconded by Redpath, to close nominations and
to appoint "Pinky" Bramwell to the Hennepin County Block grant
Citizens Advisory Board for an indefinite term, commencing
immediately. Mution carried unanimously.
Pidcock expressed displeasure with the fact those who were not appointed
to various Boards and Commissions were not called the morning after the
appo ntoents were made.
MOTION: Pidcock moved, seconded by Peterson, to direct Staff to call
those who were not appointed as well as those who were appointed as soon
as possible to announce the results. Motion failed with Anderson, Bentley
and Redpath voting "no".
VII. PETITIONS, REQUESTS & COMMUNICATIONS
There were none.
VIII . REPORTS OF ADVISORY COMMISSIONS
There were none.
IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Councilmembers
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City Council 14inutes -S- March 4, 1986
1. Discussion of Evaluation Forms
Peterson stated City Manager Jullie had received an overall-
average score of 3.34 with 4.0 being the highest which could be
achieved. Peterson then reviewed the Evaluation Forms on a
section-by-section basis and then turned the forms over to Jullie
for his review.
The consensus was that the Manager should avail himself of
opportunities for continuing education in the area of management.
City Manager Jullie thanked the Council and said he would be more
than willing to accept the Council 's offer for further education.
and looked forward to doing so.
2. Selective Service Resolution
MOTION: Bentley moved, seconded by Redpath, to direct Staff to
prepare a resolutior regarding the selective service for the
Council to consider at its meeting on March 25, 1986. Motion
carried unanimously.
3. Pidcock - noted a letter to Counci imembers from Jerry Kingrey in
wwMh Ee voiced his unhappiness at not being notified that he had
not been reappointed to the Parks, Recreation & Natural Resources
Commiss ion. Pidcock said she would like to have candidates r
notified the next day as to the results.
- said she would like to see some organized form or means
to thank commission members. It was noted that this is usually
done each year via the City Award's Dinner which is held in late
April or early May.
B. Report of City Manager
1. Comprehensive Guide Plan Amendment - Designation of Year 2000 MUSA
Line (Resolution No. 86-39)
City Manager Jullie noted that as part of the Metropolitan Council {
Sewer Facility Agreement for the Lake Ann . Interceptor, the City
needs to designate its Year 1990 MUSA Line as its Year 2000 MUSA
Line, but the Metropolitan Council has incorrectly identified it
as a Year 1990 Line for some period of time. In accordance with
these requirements of the Metropolitan Council , the Comprehensive
Guide Plan has been amended and these changes are contained in the
Council Packet.
Planning Director Enger said the Planning Commission, as required
by law, had reviewed this at a Public Nearing at its meeting on
February 10, 1986. Enger spoke to his memorandum dated February
7, 1986, and other materials included in the Council Packet in
which this issue was addressed.
City Council Minutes -9- March 4, 1986
Bentley expressed concern about the maximum sewage flow proposed
by the Metropolitan Council in a letter to Planning Director Enger
dated February 24, 1986. Jullie noted that a number of meetings
had been held with the Metropolitan Council and the Waste Control
Convr±ission to develop what is being proposed and with the idea
that things must remain flexible. Ray Odie, Metropolitan Waste
Control Commission (MWCC), stated the MWCC is an agency of the
Metropolitan Council and it carries out the Metropolitan Counci 1 's
directives. He stated the MUSA Line is determined by the Met
Council. Odie said it is up to the Metropolitan Council to
determine the number of households and residents within a given
area and then it is up to the MWCC to accommodate the flow in that
area. He said there is flexibility built into the numbers.
William Marshall , 17591 Pioneer Trail , noted a letter dated
February 7, 1986, which was included in the Council Packet. He
said he concurs with the statements made by Planning Director
Enger and agrees that supply and demand should determine use. He
said he believes the MUSA Line is really creating leapfrog zoning,
a case in point is the Lake Riley area of Chanhassen.
Director of Public Works Dietz referred to a 1969 Report and
reviewed the development of the MUSA Line since that time.
Spencer G. Kluegel, attorney for Beverly Boltig, Duane Jacques,
and Evelyn Jacques, said he would urge the City Council to pursue
Enger's request for the additional 220 acres to be included in the
Metropolitan Council 's ,review process. (See Enger 's letter of
February 13, 1980, to Ms. Pat Pahl, Planner, Metropolitan Council
for details. ) Kluegel stated that easements are going to be
requested and the easements for the Lake Ann Interceptor go right
through the property of his clients. He added that he believes
the MUSA Line should follow property lines rather than bisect 1
them. Kluegel said a condition might be that the MUSA Line would
be moved and the easements for the sewer would be granted free of
charge.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution
No. 86-39, amending the Comprehensive Municipal Plan relative to
the MUSA Line, Year 2000. Motion carried unanimously.
MOTION: Bentley moved, seconded by Pidcock, to direct Staff to
proceed with the 90-day procedure requesting that an additional
220 acres be placed inside the MUSA Line. Motion carried
unanimously.
2. Metropolitan Council Sewer Facility Agreement
MOTION: Bentley moved, seconded by Anderson, to approve the Sewer
Facility Agreement which would allow construction of the Lake Ann
Metropolitan Interceptor. Motion carried unanimously.
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City Council Minutes -10- March 4, 1986
C. Report of City Attorney
There was no report.
D. Report of Director of Community Services
1. Unauthorized Motorized Vehicles Use of Parks and Trails
Director of Community Services lambert spoke to his memorandum of
February 24, 1986, in which this matter was addressed. Lambert
noted the Parks, Recreation & Natural Resources Commission had
moved to appoint a sub-committee to study this issue. This sub-
committee will meet in late March to come up with recommendations l
which then can be put in place before the next snow season. Lt.
Jim Clarke is also involved with this sub-committee.
MOTION: Bentley moved, seconded by Redpath, tL accept the
recommendation of the Parks, Recreation & Natural Resources
Commission and to direct Public Safety to try to enforce the
City 's existing ordinances pertaining to motorized vehicles.
motion carried unanimously.
2. Riley Lake Park Safes Conditions
Director of Community Services Lambert spoke to his memorandum of
February 25, 1986, in which this matter was addressed.
MOTION: Anderson moved, seconded by Pidcock, to accept the
recommendation of Staff and to request Hennepin County post County
Road 1 as emergency parking only easterly from Riley Lake Road to
Dell Road and westerly from Riley Lake Road to Crestwood Terrace
which would encourage users of the Park to use only those areas
designated for parking. Motion carried unanimously.
X. NEW BUSINESS
Mayor Peterson reminded Councilmembers of the special meeting scheduled
for 7:00 p.m. , Tuesday, March 11, 1986, at which time the Landfill Report
will be presented.
MOTION: Anderson moved, seconded by Bentley, to appoint Councilmember
Redpath as the official City Council. Historian. Motion carried
unanimously.
XI . ADJOURNMENT
MOTION: Pidcock moved, seconded by Anderson, to adjourn the meeting at
10:30 p.m. Motion carried unanimously.
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