City Council - 10/21/1986 fi
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 21 , 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING
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
Attorney 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
Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: X . A . 2 .
Pidcock - Acknowledge Welcome Home letter; X . A. 3 . Pidcock -
Traffic Study; X . A . 4. Pidcock - Status of Disclosure Reso-
lution; X . A . 5 . Pidcock - Status of Liquor License for
Mexz n Village
MOTION: Anderson moved , seconded by Redpath , to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously.
II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 16
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MOTION: Bentley moved , seconded by Pidcock, to approve the
Minutes of the regular City Council meeting held Tuesday, Sep-
tember 16 , 1986 , as published . Motion carried unanimously.
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III . CONSENT CALENDAR
A . Clerk 's License List
B . Special assessment agreement , Research Road (Agreement with
School an oug as orpora ion provlalng ror im-
provements)
"l. C . S ecial assessment agreement, Blossom Road (Agreement with
Prairie Lutheran Church.,, pr7oviding for utility and street q
improvements
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City Council Minutes -2- October 21 , 1986
D. Final plat approval for_ Baypoint Two (south of Anderson
Lakes Parkwa and west of Center Way) Resolution N377196-
264
E . 2nd Reading of Ordinance No . 50-86 , amending City Code
Section 2 .05 relating to the salaries of Mayor and Council
Members
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F . 2nd Readina of Ordinance No . 53-86 , amending City Code
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Section 9 .40 relating to Discharge of Weapons
G. DOUGLAS CORPORATION HEADRUARTERS . Approval of Developer's
Agreement for Planned Unit Development Concept for approxi-
mately 68 acres for construction of 320, 000 square feet of
office/warehouse . Location: West of Highway #169, south of
Anderson Lakes Parkway.
H . J & L SUBDIVISION, by Frank R . Cardarelle . 2nd Reading of
Ordinance ?_-86, Zoning District Change from R1-22 to
R1-13 .5 ; and Adoption of Resolution #86-267, Authorizing
Summary of Ordinance #47-86 , and Ordering Publication of
Said Summary. 3 .0 acres into seven single family lots .
Location: Southeast quadrant of Blossom Road and Bennett `
Place . (Ordinance #47-86, Rezoning; Resolution #86-267,
Authorizing Summary and Publication)
I . REUTER dRDF PLANT , by Reuter, Inc . 2nd Reading of Ordi-
nance - Zoning District Changge from Public to I-2
Park; and Adoption of Resolution #86-268, Authorizing Sum-
mary of Ordinance #52-86, and Ordering Publication of Said
Summary. Rezoning of 1 .3 acres and Preliminary Plat of
10 .63 acres into one lot . Location: Southeast corner of
County Road #67 and Indian Chief Road . (Ordinance #52-86,
Rezoning; Resolution #86-268, Authorizing Summary and Fh.xb-
iication )
J . PARKWAY OFFICE-SERVICE CENTER, by Contract Lodging Corpora-
tion. Amendment to Developer' s Agreement for Parkway Office
Service Center. Location: Northeast corner of Anderson
Lakes Parkway and Highway #169 .
K . WILSON LEARNING CENTER, by Ryan Construction Company of
Minnesota, Inc . 2nd Reading of Ordinance #48-86-PUD-8-86,
amending Ordinance #24-84-PUD-3-84 within the Office Dis-
trict ; Approval of Developer' s Agreement for Wilson Learning
Center by Ryan Construction; and Adoption of Resolution #86
270, Authorizing Summary of Ordinance #48-86-PUD-8-86 , and
Ordering Publication of Said Summary. Location: East of
Highway #169, west of Valley View Road, south and west of
Flying Cloud Drive . (Ordinance #48-86-PUD-8-86 , PUD Re-
zoning; Resolution #86-270 , Authorizing Summary and Publi-
cation)
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City Council Minutes -3- October 21 , 1986
Regarding Item H, J & L Subdivision, Peterson asked if the
tree inventory was complete . Enger said he checked with
the planner and all construction was outside the treed area .
Peterson asked if that means there was none required . Enger
said he would have to check on it .
MOTION: Anderson moved . seconded by Pidco,--k, to approve
Items A - G; Items I - K; and Item H, pending submission
of a tree inventory if deemed necessary by the Staff.
Motion carried with Bentley abstaining on Item K, Wilson
Learning.
IV. PUBLIC HEARINGS
A . FEASIBILITY STUDY, BAKER ROAD SANITARY SEWER north of
St . Andrew Drive I.C . -0 Resolution No . 86-20BY
Continued from August 19, 1986
City Manager Jullie noted that this item is continued from
the August 19th meeting. He said there were questions on
the part of residents as to what the alignment should be
and the alternatives for land use . He said Staff under-
stands that the residents have hired a consultant to help
with their planning efforts and that they plan to submit
a request for a zoning change . He said , after approval of
some sort of a zoning plan, another petition for utilities
would probably be forthcoming. He said Staff is recommend-
ing the Council close the Public Hearing and reschedule the
Hearing subsequent to the resolution of some of the ques-
tions
Redpath asked where the service would be . Jullie said
there is a real question as to where the service would be .
Anderson said he had talked to some of the people and he
understood they had not yet resolved the alignment or how
the property is to be served .
Anderson asked what the guidelines are as to where notices
of such utility hearings are sent . Jullie said notices are
sent to those on the preliminary assessment rolls and it
is published in the newspaper . Anderson said he thought
it should be a larger area if it is an extension of a road
as well as utilities . Judie said he would make a point of
expanding the notice area on this .
John Mallo , 14000 Forest Hill Road , said he had heard via
the grapevine that the sewer, and possibly the road, was
going to be extended and he thought his area should have
been included in the notice . He said he had two other
City Council Minutes -4- October 21 , 1986
options for the property--one was to leave it as a dead-
end road and the other was to develop a playground area
since this is a high-density residential area without a
playground area .
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearing and refer the item back to Staff for re-
scheduling as deemed appropriate . Motion carried unani-
mously.
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B . FEASIBILITY STUDY CRESTWOOD TERRACE STREET IMPROVEMENTS
I .C . -O 9 Resolution No . - 0 Continued from
August 9, 1986
City Manager Jullie noted that this item was continued
from the August 19th meeting. Referring to the memorandum
of October 15th from Director of Public Works Dietz, Jullie
said Staff is recommending that the Council order the re-
duced form of improvements which would be the paving of the
gravel portion on the west end . He said the costs would
be levied throughout the petitioned area, as documented
in the Feasibility Study, with construction scheduled for
next summer.
Jim Vohs , 9576 Crestwood Terrace , said he was in favor of
this but there had been a breakdown in the communications
procedure as many people did not receive notification of
the meeting tonight .
Jullie noted this is a continued Public Hearing so the
original notices suffice for the legal process and, further,
that most residents did get a copy of the petition form
that they were asked to sign and return.
Vohs asked if there would be an assessment hearing. Jullie
said after the work is completed there would be an assess-
ment hearing next fall. Vohs then noted that most of the
people were in agreement with the revised proposal.
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No . 86-210 for
Paving Improvements of Crestwood Terrace , I .C . 52-079.
Motion carried unanimously.
Pidcock expressed concern about the confusion that seems
to exist when Public Hearings are continued and asked if
there is any way we can clarify the process . Peterson said
perhaps it should be emphasized at the time it is continued
to a date certain.
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City Council Minutes -5- October 21 , 1986
Bentley said he thought it would be a good idea for Staff
to monitor the situation and if the emphasis on the con-
tinued date doesn' t seem to be adequate, then perhaps we
should look into notice on continued hearings .
Anderson said he thought if the residents say there is
a lack of communications , then there is . He said he would
like to have Staff check into a better way of informing
people .
Redpath said there is a time lag for residents getting on
the tax rolls so that a year could pass before they were
on the list for notification.
Peterson expressed concern about the reduced graphics on
some of the notices making it difficult to read or deter-
mine the precise location of the proposed project . He said
he thought we should look into a more effective way of do-
ing the graphics .
Bob Kanduth, 9601 Crestwood Terrace , said his notice was
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sent to his old address in Crystal. .
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V . PAYMENT OF CLAIMS NOS . 30337 - 30642
d bout Item 061 to Su lee Enterprises Inc .
Redpath asks a 3 5 PP P
for light bulbs. City Attorney Pauly said the lease most
likely says that the tenant pays for light bulbs .
Pidcock asked about Items 30524 and 30529 to Carl Jullie and
Robert Lambert for September 86 expenses . City Manager Jullie
said those items included conference expenses for both of them.
MOTION: Bentley moved , seconded by Anderson, to approve the
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t'11yUlt:111, U_L k. _L L1111.7 i�va • JvJ/ ! Jv.. �«. • ♦k_y.
son, Bentley, Pidcock and Peterson voted "aye" with Redpath
abstaining on Item 30636 (Wilson Tanner Graphics) . Motion t
carried .
VI . ORDINANCES & RESOLUTIONS
There were none .
V I I . PETITIONS , REQUESTS & COMMUNICATIONS
A . RESEARCH FARM �RD ADDITION, by School District #272 . Re-
quest for Preliminary Plat of 116 acres into one lot and
three outlots . Locations West of Highway #169, south of
Anderson 'Lakes Parkway, east of Purgatory Creek . Resolu-
tion #86-269, Preliminary Plat )
City Council Minutes -6- October 21 , 1986
City Manager Jullie said notification of this item had
been published and referred to the Staff Report of Sep-
tember 19th that described the request for Preliminary
Plat . He said the Planning Commission recommended approval
at its September 22nd meeting, subject to the recommenda-
tions of Staff.
Peterson asked what is the sum total acreage the school
will need . Jullie said it was 28 or 29 acres . Arlyn
Grussing, representing Douglas Corp. , noted that part of
the School District ' s acreage is on the west side of the
creek.
Pidcock asked about the 25% park dedication or scenic ease-
ment . Grussing responded that they have questions regarding
liabilities that need to be answered before they dedicate
the land as a scenic easement .
Planning Director Enger said the Staff Report refers to
the requirement of a scenic easement on part of the School
District property east of Purgatory Creek . He said the
school representatives did not want to do that at this time .
He noted , however , that a request was received from Mr.
Mitchell to relocate some of the outbuildings on the
Northrup King property. He said there was some confusion 5
as to where the outbuildings would be located and that there
might be a problem if they were relocated onto the scenic
easement .
Anderson said he had talked with Mr. Lambert earlier about
his concerns regarding the location of the school site and
access from the neighborhoods to the school . He said he
would really like to get all the information before we ap-
prove anything.
Anderson asked Mr . Gamm about the precise location of the r
school and what the School District is going to give the
City as far as scenic easement is concerned . Mr . Gamm said
it will be located adjacent to Anderson Ickes Parkway.
Merle Gamm, representing the School District, said the
district has about 28 acres of land , seven of which are
located on the western side of the creek . He said at
some time that is appropriate , the School District intends
to provide ownership to the City for the property on the
west side of the creek but it did not seem appropriate to
do so at this time . He said the question of outbuilding
storage was a preliminary discussion only and was meant to
determine whether such a storage area was a possibility.
He said it would be down in the southern portion next to
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City Council Minutes -?- October 21 , 1986
the creek . He also said they were interested in what they
could do to enhance the existing structure so that it would
look acceptable .
Jullie suggested that the records show that Mr. Gamm repre-
sented that the School District had no intention at this
point to pursue any sort of encroachment into the proposed
scenic easement area and if there is any such intent it would
come back through a permit process as required by Code .
Peterson asked about dedication on the east side of the
creek. Gamm replied that they were not discussing that
but that they were aware of the restriction as to no struc-
ture being within 150 feet of the creek.
Keith Orner, 8880 Knollwood Dr. , asked if there were draw-
ings of the site development available. Peterson said
they were not that far yet . Orner said he had not been
informed of any action regarding the Douglas Corp. Peter-
son said there hadn' t been any.
MOTION: Redpath moved , seconded by Bentley, to adopt
Resolution No . 86-269, approving the Preliminary Plat of
a. Research Farm 3rd Addition for School District #272, with
the understanding that at this point there is no intent by
the School District to pursue any sort of encroachment into
the proposed scenic easement area and, if there is any such
intent , it would come back through the permit process as
required by City Code .
Redpath said he thought the discussion regarding the east
side was with the Douglas Corp.
Anderson said he thought the School District should be
aware of the long-range plans for the creek corridor.
VOTE ON THE NOTION: Motion carried unanimously.
VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
IX . APPOINTMENTS
There were none .
X . REPORTS OF OFFICERS . BOARDS & COMMISSIONS
A . Reports of Council Members
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City Council Minutes -8- October 21 , 1985
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1 . City Manager Salary Review
Peterson noted that he was pleased and impressed at
the list of opportunities to which the City Manager
availed himself this year.
MOTION: Redpath moved, seconded by Pidcock, to in-
crease the City Manager' s salary by $5,000, effective
October 1 . Motion carried unanimously.
Bentley noted Mr. Jullie has proposed that a base rate
adjustment of $2500 would go into effect as of January
1st every year and that a merit increase of up to $2500
would be based upon results of his annual performance
review. He said in his mind this poses a new concept
in salary adjustments . He said he would prefer to have
more time to think about that concept so he would rather
not deal with it tonight .
MOTION: Bentley moved , seconded by Pidcock, to con-
tinue consideration of Mr . Jullie ' s suggestion regarding
an annual base rate adjustment and merit increase to
the second meeting in November and to request Mr. Jullie
to report at that meeting on his progress resulting
from the conferences he attended and his goals regard-
ing conferences and on-going training for the conning
year .
Redpath noted that he would prefer to consider this at
a special meeting in order to give sufficient time for
Mr. Jullie 's report . The consensus was to set a special
meeting to consider Mr. Jullie 's suggestion.
Jullie noted that Superintendent McCoy wants to meet
with us on November 20th at 6: 00 PM and that the two
meetings m i r.L.+ 1.e+ n.....b a T �
. t,.. v .... wutiJZlacu • 111C' �:iviia�iiau5 was that
November 20th was not a good date for the meeting.
AMENDMENT TO THE MOTION: Bentley moved, seconded by
Anderson, to set a Special Meeting for Tuesday, Novem-
ber 25, 1986 , at a time to be determined by Mr . Jullie ,
for the purpose of considering Mr. Jullie 's suggestion
and to invite the School Board to join the Council at
that meeting.
VOTE ON THE AMENDMENT: Amendment to the motion carried
unanimously.
VOTE ON THE MOTION AS AMENDIDa Amended motion carried
unanimously.
City Council Minutes -9- October 21 , 1986
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2 . Pidcock - Acknowledge Welcome Home letter
Pidcock acknowledged the Staff Report on Welcome Home .
She noted that it looks like Welcome Home is complying
with all the City codes and regulations and there
appears to be no need for the Council to be concerned
about the activities there .
Bentley said he thought it will require on-going moni-
toring on the part of the City to be sure that com-
pliance is adhered to .
3 . Pidcock - Traffic Study
Pidcock asked to what date this had been continued .
J ullie said it would probably be the second meeting in
November as there are a lot of people who have expressed
concern and they will have to be notified .
4 . Pidcock - Status of Disclosure Resolution
Pidcock asked City Attorney Pauly what the status of
the resolution was . Pauly said he was still looking
at it and will probably have something on it in late
November or early December.
� . Pidcock - Status of Liquor License for Mexican Village
Pidcock asked for information on the liquor license at
Mexican Village . Jullie said it was on the Clerk's
License List at a prior Council meeting and was approved .
He noted that , since the law was amended, we no longer
have Public Hearings for liquor licenses .
He said Staff researches the applicants and it is then
Placed a an the C l e nk' s License List on the Council Agenda .
Bentley said he wanted to propose a change in the pro-
cedure for new applications only so that new applica-
tions are made a separate Agenda item. He said he
didn' t think a Public Hearing was necessary but he did
want the opportunity to take a closer look at the ap-
plications .
Redpath noted that it was very helpful in the past when
we saw the Public Safety report and the credit checks.
MOTION: Bentley moved, seconded by Anderson, that all
future new liquor license applications be made a sepa-
rate Agenda item and that appropriate information be
included with the Agenda materials . Motion carried
unanimously.
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City Council Minutes -10- October 21 , 1986
B . Report of City Manager
City Manager Jullie expressed his thanks for the salary
increase .
C . Report of City Attorney
Regarding disclosure, City Attorney Pauly said that , if the
State statutes are changed to base disclosure on the amount
of a candidate 's expenditures rather than population figures , f
it would automatically apply to all communities for the
next election. He said he would recommend that the Council
not act on anything until we see if the legislature makes
such a change .
Peterson asked when such a change would occur. Pauly said
it would be next spring.
Pauly also noted Mr. Lipke has just filed an appeal with the A
Court of Appeals .
D. Report of Director of Community Services
There was no report .
E. Report of Director of Public Works
1 . Award Contract for Bluffs West 5th Addition and Vicinity
Drain e Improvements,_ -0 (Resolution No. 86-
265 )
Design Engineer Rodney Rue reviewed t::c *0ids received
for these improvements . He said that Staff is recom-
mending the bid be awarded to J . P. Norex , Inc .
MOTION: Bentley moved , seconded by Pidcock, to adopt
Resolution No . 86-265 . accepting the bid of $204,592 .85
from J . P. Norex , Inc . , as the lowest responsible bid- E
der for I .0 . 52-D69, Bluffs West Storm Sewer Improve-
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Anderson asked what happens if we refuse a low bid for
any reason. Rue said we would have to show justifica-
tion for refusing it by proving that they were incapable
of doing the work .
Pidcock asked what happens if we run into something
like Anderson Lakes Parkway. Rue said that would have
to be addressed at the assessment hearing.
VOTE ON THE MOTIONz Motion carried unanimously. I
City Council Minutes -11- October 21 , 1986
2 . Award Contract for Riverview Road and Riverview Drive
Utility and Street Improvements , I .0 . 2- O Resole-
t ion No. db-Zb ) —
Design Engineer Rue reviewed the bids received for
'these improvements . He said that Staff is recommending
the bid be awarded to J . P. Norex , Inc . , and noted that
the bid of $309,572 .68 is 17% below the engineer' s es-
timate.
Peterson asked how they manage to do the work for that
amount. Rue said another contractor had commented
that they must really want the job . Redpath suggested
that change orders be watched very carefully.
MOTION: Anderson moved, seconded by Redpath, to adopt
Resolution No . 86-266, accepting the bid of $309.572 .68
from J . P. Norex, Inc . , as the lowest responsible bidder
for I.0 . 52-101 , Riverview Road and Riverview Drive .
Motion carried unanimously.
XI . NEW BUSINESS
Pidcock asked if revenue from the liquor stores goes into the
recreation fund rather than the general fund . Jullie noted
that, while the money goes into the general fund , when the
liquor stores opened it was decided that the profits should be
used for Public Safety and Park and Recreation programs .
XII ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the
meeting at 8 :55 PM