City Council - 12/02/1986 f
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , DECEMBER 2 , 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 .
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
., The following items were added to the Agenda : IX . A . 1 .
Anderson - River bluffs erosion; IX , D. 1 . Acquisition of
Miller Park; IX . E . I . Summary of Water Well Construction.
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 . Final Plat approval for Alice BarneyAddition (Sul2erAmerica
Station at Hwy. 9 CSAH Resolution No . 86-256
B . Final Plat approval for Prairie View Center (N.E . corner of
Prairie Center Drive and eso ution No . 86-287
C . Ap2rove plans and specifications and authorize bids to be
received for Homeward- Hills Road connection I .C . -0 A
Resolution No . -290
D . SUPERAMERICA by SuperAmerica Stations, Inc . 2nd Reading of
Ordinance No . 55-86 , Rezoning from Rural to C-Highway and
Zoning District Amendment within the C-Highway District ;
Approval of Developer's Agreement for SuperAmerica; and
Adoption of Resolution No . 86-296 , Authorizing Summary of
Ordinance No . 55-86 and Ordering Publication of Said Summary.
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City Council Minutes -2- December 2 , 1986
1 .06 acres for service station/retail use . Location: East
of Highway #169, north of County Road #1 , west of Pioneer
Trail . (Ordinance No . 55-86 - Rezoning: Resolution No .
86-296 - Authorizing Summary and Publication)
Pidcock asked about Item C regarding plans . specifications
and bids for the Homeward Hills Road connection. Director
of Public Works Dietz replied that this is for the construc-
tion of Homeward Hills Road between Sunnybrook Road and
CSAH 1 . He said this would complete the construction of
that roadway, including curb and gutter .
MOTION: Redpath moved , seconded by Anderson, to approve
Items A D of the Consent Calendar. Motion carried unani-
mously.
III . PUBLIC HEARINGS
A . TECHNOLOGY PARK 7TH by Technology Park Associates . Re-
quest for Zoning District Amendment within the Office Dis-
trict on 3 .74 acres for construction of 27 , 700 square foot
office building. Location: East of future Golden Triangle
Drive , north of Nine Mile Creek (Ordinance No . 56-86 -
Zoning District Amendment within Office District ) Continued
from November 18 , 1986 Council meeting
City Manager Jullie stated that this item was continued
from the November 18th meeting and that notice of this
Public Hearing had been published and property owners with-
in the project vicinity had been notified . y
There was no presentation by proponents .
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Planning Director Enger said this project is a revision
downward from a 5-story building to a 3-story one . He said
the Planning Commission reviewed the proposal at their
November loth meeting and recommended approval on a 6-0
vote , subject to the recommendations of the Staff Report
of October 24, 1986 .
There were no comments from the audience .
Bentley asked Enger if he was satisfied with the exterior
materials proposed . Enger said he was and noted that the
original building was granite and glass while the current
project is brick and rock-faced block which the Commission
and Staff felt would have less impact on the trees and the #
hill and would fit into the creek setting better. i
Pidcock asked if it was possible that they would enlarge it
at a later time . Enger said it was possible , but they would
have to come back through the Council .
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City Council Minutes -3- December 2 , 1986
Anderson asked how the rock-faced block is going to fit in.
Enger replied that it will be used as trim to contrast with
the brick as in the new Eden Prairie Library building.
Anderson noted that construction in the Major Center Area
(M .C .A . ) has always been expected to be brick or better;
therefore, since this is a fringe area, he was concerned
as to whether the creek area near Smetana Lake is considered
part of the M .C .A . A discussion followed regarding the
policy for building material and the use of rock-faced
block in the construction.
Enger noted that they had applied the same rules for build-
ing materials as for structures within the M .C .A . and then
explained how Staff determined that this structure met the
requirements for external materials .
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearing and to give 1st Reading of Ordinance No . 56-
86 for Zoning District Amendment within the Office District
on 3 .74 acres for construction of a 27, 700 square foot
office building. Motion carried unanimously.
MOTION; Bentley moved, seconded by Pidc ock, to direct Staff
to prepare amendments to the Developer' s Agreement incor-
porating Commission and staff recommendations . Motion ?
carried unanimously.
B . WELTER 'S PURGATORY ACRES by Crow/Chasewood Minnesota. Re-
quest for Zoning District Change from Rural to Rl -13 .5 on
52 .4 acres and Preliminary Plat of 52 .4 acres for single
family lots . Location: North of County Road 1 , west of
Bennett Place , south of Olympia Drive . (Ordinance No . 57-
86 - Rezoning; Resolution No . 86-291 - Preliminary Plat )
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City Manager Jullie stated notice of this Pi)hl i c Nearirb
had been published and property owners within the project
vicinity had been notified .
Jim Ostenson, representing proponent , addressed the proposal .
Planning Director Enger said this item was reviewed by the
Planning Commission at the November 10th meeting and they
recommended approval on a 4-1-1 vote of the Preliminary
Plat and rezoning from rural to R1 -13 .5 , subject to recom-
mendations of the Staff Report of October 24, 1986 , and
with additional recommendations regarding a future road
connection to the north/northwest , the addition of sidewalks
within the project, alternate access to the property for
construction traffic, and dedication of the floodplain to
the City.
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Ar City Council Minutes -4- December 2, 1986
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Enger called attention to the Staff memorandum of Novem-
ber 28th to the Council summarizing the main issues raised
by the Planning Commission at their November 10th meeting.
He said Staff recommended the construction of sidewalks
along one side of all of the internal roads throughout the
project . He said Attachment A of the memo shows the two
alternatives developed by Staff for the roadway connection
to the north and , further, that Staff is recommending the
connection north to Sunnybrook (Alternative B ) as the least Y
impactful to the creek environment.
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Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this
proposal at the 2nd meeting of November and recommended
approval on a 6-0 vote, subject to the recommendations of
Staff and the Planning Commission. He referred to his memo
of November 12, 1986 , outlining the major issues concerning
the Parks Commission--grading. the Purgatory Creek flood-
plain and shoreland , and pedestrian walkways .
Enger said they have not been able to reach an agreement
with proponent as to how access for construction vehicles
will be provided . He called attention to the letter to
the Council from Paul & Linda Gustafson, residents of
Bennett Place , opposing the creation of a construction road .
Red path asked who owned the land to the north where the
proposed road connection would go . Mr. Welter, proponent ,
responded that it is owned by J B & D .
Pidcock said she was concerned about the pond behind Olym-
pia Drive and asked if it would stay wetlands . Enger said
it would . Ostenson said the pond is part of the City ' s
overall drainage system fir storm water riiin-off:
Pideock then asked about the trees on the back of the pond .
Ostenson said those would be saved . She asked if a tree
inventory had been done . Ostenson said it had been done
and that the rear lot lines will not be touched .
Anderson asked if the recommendation for dedication of land
along the creek had been followed through . Lambert respon-
ded that he hadn' t discussed it with proponent because the €
land on the other side of the creek belongs to the same
owner. He said he was not sure whether they planned to
create an outlot or attach the land to the other side of
the creek . Ostenson said he thought they would create an
outlot at the bottom of the creek that would be dedicated
to the City and that the area from the floodplain to the rear
lot conservancy line would be designated as scenic easement .
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City Council Minutes -6- December 2, 1986
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Pidcock said she thought we should be able to get some way
through this dilemma without the residents on. Bennett Place
bearing the brunt of the traffic . Dietz said he thought
the possibility of a temporary creek crossing to Homeward
Hills Road was a good idea . A discussion followed regarding
the feasibility of constructing a road across the creek .
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Bentley said it doesn't seem that we will be able to resolve
the question of construction access `tonight ; therefore , he
thought that approval could be given with the understanding
that the construction access issue be resolved prior to 2nd
Reading. Peterson said he thought that there may not be a
solution to this question. Bentley said that might be the
case , but that we could work on it to see if there is a
feasible alternative . Ostenson said that he would commit
to getting back with Staff prior to 2nd Reading and ex-
ploring the alternatives .
Anderson said he would not be prepared to vote for this pro-
posal until the construction traffic question and the ques-
tions regarding the creek and a creek trail have been re-
solved . Bentley said he understood that the proponent has
agreed to dedicate the conservancy area and . since Staff
has said the best location for a trail would be on the west
side of the creek, he didn't think we could hold up approval
of a project on the east side of the creek until a decision
is made on a trail corridor on the other side .
Pidcock said she thought something definite should be worked
out on the issues of construction traffic , dedicating the
creek area and construction of sidewalks within the project .
Peterson noted that the sidewalk issue appears to have been
resolved and that the topography in the southern portion of
the rvwu vviau Vl u�.t_L. UAL 2 iLUpVJaJi✓lc
Redpath suggested that in dealing with this we could state
that , as things stand , the trail will be considered on the
western and southern property inasmuch as Mr. Ostenson said
the floodplain would be dedicated and the conservancy would
be taken care of.
Gerard Wersal , 12645 Sunnybrook Road, said that a develop-
ment such as this is going to enhance the value of the
surrounding property, and the construction traffic is a
price to pay for the enhanced value . He said he was unclear
about the definition of the 100-year floodplain and was con-
cerned about altering the area along the creek since much
jj of the wildlife along the creek cannot be replaced.
City Council Minutes -7- December Z , 1986
Peterson replied that properties will not be able to be
developed within 150 feet of the creek, so there would be no
encroachment on the creek . Lambert explained the 100-year
floodplain concept and the conservancy district which he
said is outside the floodplain and will be a scenic ease-
ment on the properties bordering the creek .
Anderson said his major concern is that we follow our long-
range planning. He wanted to have the trail corridor de-
fined , particularly since we are dealing with the same land-
owner on both sides of the creek. Peterson asked if Mr.
Anderson would be willing to set aside the question of the '
trail for this project if we could get some additional in-
formation from Staff regarding locations where trails are
feasible and not feasible . Anderson said he did not want
to hold up this project but he did want the trail corridor
defined .
Pidcock asked City Attorney Pauly for his opinion as to what
we can do to safeguard the City' s situation in this issue.
Pauly responded that he had reviewed the statutory require-
ments with regard to dedication and platting of subdivisions
and that , in this case, the City will be getting the east
side of the creek with this project so that if the proposed
trail location is changed to the east side it would be on
City property .
Lambert noted that in most cases trails are constructed
outside the 100-year floodplain and thus require dedication
of a 10-15 foot corridor outside the floodplain. He said
we have generally traded that portion .in lieu of park fees
or as a density transfer. He suggested that within the
next two weeks he provide the Council with a report on the
status of the trail system within the Purgatory Creek valley
including trails established to date, those possible in the
f„+ M"a +hnsP that have bppn wrattPn off , HP further
noted that the Purgatory Creek study was just a study and
not a plan and that it would be necessary to determine the
feasibility of a trail for this section.
A discussion followed regarding the feasibility of a trail s
in this area, whether further discussion of the trail was
relevant to the project, and what the Council expected in
Mr. Lambert ' s proposed report on the trail system.
MOTION: Bentley moved, seconded by Redpath, to close the
Public Hearing and to give Ist Reading of Ordinance No . 57-
86 for Rezoning from Rural to R1-13 .5 . Motion carried unani-
mously.
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City Council Minutes -8- December 2, 1986
MOTION: Bentley moved , seconded by Redpath, to adopt
Resolution No . 86-291 , approving the Preliminary Plat of
Welter's Purgatory Acres for Crow/Chasewood Minnesota,
with the stipulation that the outlot along the floodplain
be dedicated to the City and with the requirement that a
road be stubbed out to the northern edge of the property
line as indicated in the Staff memorandum of November 28.
1986 . Motion carried unanimously.
MOTION: Bentley moved, seconded by Pideock, to direct
Staff to prepare a Developer' s Agreement incorporating
Commission and Staff recommendations; to direct the Park
and Recreation Department to prepare a report , prior to
2nd Reading, relative to the :'easibility of and/or piace-
ment of trails along the creek corridor; and to encourage
proponent and Staff to work together with the residents
regarding alternatives for the routing of construction
traffic . Motion carried unanimously .
C . MEADOW PARK 3RD ADDITION by J B & D, Inc . Request for
Comprehensive Guide Plan Change from Public Open Space to
Low Density REsidential on approximately 13 .5 acres, Zon-
ing District Change from Rural tc R1 -13 .5 , and Preliminary
Plat of 31 .5 acres into 29 single family lots and one out-
lot and road right-of-way. Location: Northwest quadrant
of Homeward Hills Road and Sunnybrook Road . (Resolution
No . 86-292 Comprehensive Guide Plan Amendment ; Ordinance
' No . 58-86 - Rezoning; Resolution No . 86-293 - Preliminary
Plat )
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City Manager Jullie stated notice of this Public Hearing t
had been published and property owners within the project
vicinity had been notified .
Harold Peterson. rpnresent i nv nrnponPnt . a.ddraRsed them
proposal .
Planning Director Enger said the Planning Commission reviewed j
this item at their November 10th meeting and recommended t
approval on a 6-0 vote of the Comprehensive Guide Plan
change, rezoning from rural to R13 .5 and Preliminary Plat
of 31 .5 acres, subject to the recommendations of the Staff
Report of November 7th . He said a portion of the proposed
right-of-way for the loop road is controlled by the prop-
erty owner on the northwest .
Director of Community Services Lambert said this item was
reviewed by the Parks, Recreation & Natural Resources -Com-
mission at the November 17th meeting and they recommended
,,r approval per Planning Commission and Staff recommendations.
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City Council Minutes -9- December 2, 1986
Enger said he had received a letter today from the Water-
shed District that stated this property appears to be adja-
cent to and within a protected waters area . Harold Peter-
son said he had submitted the Plan to the DNR but had not
received a response from there as yet . Enger said we would
have to ascertain from the DNR whether this is within a
protected waters area. Mayor Peterson asked what is the
implication of that . Enger said a permit would be neces-
sary to do any development that is within the Watershed
District .
Anderson said he thought that we should not make any recom-
mendations or give ap
proval pproval until we receive the information
from the DNR. Harold Peterson noted that any Preliminary
Plat approval is generally subject to Watershed District
and DNR approval .
Redpath asked if there is any future thinking about the
north end of the property. Harold Peterson pointed out
the area on the north that he said was designated as Out-
lot A and that would be deeded to the City.
Anderson asked City Attorney Pauly if there was any problem
with not having DNR approval of plans for construction on
.,, the wetlands . Pauly replied that conditional approval of
a Preliminary Plat could be givenu subject to approval by
the DNR with regard to wetlands .
Director of Public Works Dietz said there is a lot left to
be done on this project regarding drainage computations and
storm water run-off prior to 2nd Reading.
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Bentleyasked how
the question of the loop .road on the ad-
jacent property has been resolved . Harold Peterson said
they have discussed this with the property owners to the
.,.y ,... and -hey a ve asking ,the owner of the adjacent property
to allow the road to be built on his property because pro-
ponent is providing him with access to his property and
with utilities . He said if they won't agree to this, there
is room to build the road on proponent 's property.
Bentley then asked if we have a request from the adjacent
owner for platting of a road . Enger said the property
owner, Mr. Williams, is here tonight with a request for
the 'Williams Mini-Storage project . He said Williams has
made an overall schematic plan that includes the Meadow Park
subdivision so that choices can be made on the road connec-
tion.
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City Council Minutes -10- December 2, 1986
Bentley asked if we can approve a plat that shows uses out-
side of the platted property when proponent does not as yet
have the concurrence of the adjacent property owner. Enger
said it will be possible to modify the plans so that the
road is entirely on proponent ' s property, should concurrence
not be obtained .
Mayor Peterson said that he was interested in the construc-
tion planned between this project and Hwy. 169 . Enger said
proponent has been in conversation with Williams Mini-
Storage , and they were able to fit both projects into the x
road scheme developed by Williams as part of the overall '
plan they provided at the request of Staff.
Bentley asked if they were planning any grading prior to
2nd Reading and a signed Developer' s Agreement . Harold
Peterson replied that they were not .
Gerard Wersal , 12645 Sunnybrook Road, expressed concern with
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the impact on wildlife since this is a very sensitive area.
He also asked how far the requested improvements to Sunny-
brook Road would go and to whom it would be assessed .
Director of Public Works Dietz said they had received a
petition from proponents last week and that will result in
a feasibility study. He said improvements made as a result
of that study will be assessed to proponent and to adjacent
property owners .
Wersal then asked to what extent this project can be mani-
pulated since this is only the preliminary approval process.
Mayor Peterson responded that not very much could occur
after this point , only the outstanding issues discussed
tonight .
�...y ....:.a.cu if she 1ntFi.� v.,. ucoilKiuil;iiig t,111:s tii'ea as
park on the Guide Plan was for access to maintain the storm
water drainage area . Lambert said it was designated open
space because it is marsh, and that it was never required
as part of the park system.
Anderson asked where the sidewalks or trails are located
along Homeward Hills Road . Lambert said there is an 8-foot
wide asphalt trail on the east side . Anderson said he has
a major concern about access to the elementary school ; there-
fore he thought this might be an appropriate area for side-
walks on both sides of the road . Enger responded that he
thought it was a good idea but was not sure it was feasible
because the northern portion of this project is marshland
and the soil conditions are very poor. Dietz said it might
be possible to put one immediately behind the curb , but it
would be expensive . i
City Council Minutes -11 - December 2 , 1986
Enger said the Planning Commission had discussed the prob-
lem, of access to the school and noted that a problem exists
at the corner of Anderson Lakes Parkway and Homeward Hills
Road . He said the School District had discussed an over-
pass there or they may end up having to bus the children
across Anderson Lakes Parkway . A discussion of alternate
ways for children to access the school followed .
MOTION: Bentley moved, seconded by Redpath, to continue
this item to the next meeting in order to allow time to
receive a response from the DNR .
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Anderson commented that he thought continuance would give
us time to get the DNR response and possibly to get a
feasibility report from Staff on a sidewalk along both
sides of Homeward Hills Road .
Bentley said he wanted to continue this because a Comprehen-
sive Guide Plan change is involved . He was concerned that
we might end up in a situation where a permanent change to
the Guide Plan designating the area as low density residen-
tial is made and then receive a response from the DNR that
this project is not feasible .
.. Peterson asked City Attorney Pauly if a Guide Plan amend-
ment could be contingent upon satisfactory approval from
the DNR . Pauly said there are no statutory provisions for
that type of approval .
Enger said a Comprehensive Guide Plan change would be con-
tingent upon Metropolitan Council approval : therefore , tech-
nically the Guide Plan wouldn't be changed at this meeting
if Council approval is given.
Bentley noted that a two-week dA1 n,v sbmild r,nt mnlrca a w
difference now since the construction season is over and
it might allow time to receive a response from the DNR .
He suggested Staff contact the DNR for an unofficial res-
ponse , if necessary .
VOTE ON THE MOTION: Motion carried unanimously.
D . PRAIRIE ACRES by Michael N. Sutton. Request for Zoning Dis-
trict Change from Rural to R1-13 .5 and Preliminary Plat of
6 .24' acres into 13 single family lots and road right-of-way .
Location: Southwest quadrant of County Road 1 and Bennett
Place . (Ordinance No . 59-86 - Rezoning; Resolution No . 86-
294 - Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing had }
been published and property owners within the project vicinity
had been notified . !
City Council Minutes -12- December 2 , 1986
Orlyn Miller, representing proponent, addressed the pro-
posal .
Planning Director E nger said the Planning Commission re-
viewed this item at the November 10th meeting and recom-
mended approval of the Zoning District change and Prelimi-
nary Plat on a 6-0 vote , subject to recommendations in the
Staff Report of November 7th . He said the Staff Report
suggested modification of the grading plan and submission
of detailed plans to the Watershed District and the City
Engineer prior to final plat .
Sue Boutin, 11407 Creekridge Drive, asked if the develop-
ment included a right-turn lane off County Road 1 onto
Bennett Place as there had been a serious accident there
recently . Director of Public Works Dietz responded that a
feasibility study is being prepared for the extension of
Bennett Place and Blossom Road and the study will address
that issue .
Ms Boutin then asked if the homes in the development would
be of the same quality as the existing residences . Miller
said it is compatible as far as lot sizes but that the lots
will be sold to individuals and proponent has not drafted
_ any covenants for the homes to be built . He said they ex-
pect the homes to be very similar to the surrounding develop-
ments. Bentley noted that the City does not require
developers to comply with covenants such as those generally
found in Homeowners Associations .
MOTION: Anderson moved, seconded by Pidcock, to close the
Public Hearing and to give 1st Reading of Ordinance No. 59-86
for Zoning District Change from Rural to RI -1,3 .5 on 5 .04
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acres and from Rl-22 to R1 -13 .5 on 1 .2 acres . Motion
carried unanimously .
MOTION: Anderson moved , seconded by Pidcock, to adopt
Resolution No . 86-294 , approving the Preliminary Plat of
Prairie Acres for Michael N. Sutton . Motion carried unani-
mously.
MOTION: Anderson moved , seconded by Pidcock, to direct
Staff to prepare a Developer ' s Agreement incorporating
Commission and Staff recommendations. Motion carp I
E . WILLIAMS MINI-STDRAGE by Finn Daniels, Inc . Request for
Zoning District Change from Rural to I-2 Park on 2 .67 acres,
Preliminary Plat of 2 . 67 acres into one lot for construction
of a storage complex . Location: East of Highway #169, south
of the Modern Tire complex . (Ordinance No . 0-86 - Rezoning;
Resolution No . 86--298 - Preliminary Plat)
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City Council Minutes -13- December 2, 1986
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Mark Finneman, representing proponent , addressed the pro-
posal .
Planning Director Enger said the Planning Commission re-
viewed this project at the November 10th meeting and recom-
mended approval on a 5-1 vote , subject to the recommendations
of the Staff Report of November 7th and with the additional
recommendation for a masonry wall between the buildings on
the south side of the structure for screening purposes .
He said the buildings are broken down into smaller units
with spaces in between in order to internalize all of the
overhead doors . He said the Planning Commission recommended
that the south side be screened by a wall such as that
planned for the east side and proponent has agreed to do
that .
Enger said the recommendations in the Staff Report of Novem-
ber 7th included revisions to meet the Floor Area Ratio
requirements, substantial berming with heavy plantings along
Hwy . 169 and along the eastern boundary of the site , and
an overall lighting plan.
Director of Public Works Dietz said there were two items
that had not yet been discussed . He said that Staff is
proposing the drainage on the south side of the property
be put into a pipe rather than following proponent ' s plan
for a ditch to provide drainage . He also said that , under
the proposed upgrade of Hwy . 169, the access to Modern Tire
and other buildings in the area will be consolidated . He
suggested that a portion of proponent ' s property adjacent s
to Hwy . 169 be dedicated as right-of-way to rescive the
access problem . A discussion of the access problem as it #
relates to this project followed .
Bob Williams, proponent , said the Highway Department told
him they wanted 50 feet for right-of-way and now we 're talk- {
ing about 200 feet . Dietz responded that what is being pro-
posed is not a parking lot but rather the State would be
constructing a public street into the area . He said he
thought the plans for the State are far enough along to
determine the actual distance that will be required .
Peterson asked what happens to the berms and plantings
along this project if Hwy . 169 is enlarged or a service
road is proposed . Dietz replied that Hwy. 169 won't be
widened any more at that point , and there is no proposal
for a frontage road along there .
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City Council Minutes -14- December 2 , 1986
There were no comments from the audience .
MOTION: Bentley moved , seconded by. Redpath , to close the
Public Hearing and to give 1st Reading of Ordinance No. 60-
86 for Zoning District Change from Rural to I-2 Park on
2 .67 acres . Motion carried unanimously.
MOTION: Bentley moved , seconded by Pidcock , to adopt Reso-
lution No . 86-298 , approving the Preliminary Plat of Wil-
liams Mini-Storage for Finn Daniels , Inc . Motion carried
unanimously .
MOTION: Bentley moved, seconded by Pidcock, to direct Staff
to prepare a Developer' s Agreement incorporating Commission
and Staff recommendations and including the recommendations
for a masonry wall screening both the south and east sides
of the project , underground stormwater piping to replace
the proposed ditch drainage, and a mutually-agreeable right-
of-way on the entrance road to the north . Motion carried
unanimously.
F. EXCESS RIGHT-OF-WAY VACATION - CUMBERLAND ROAD WEST OF
ANDERSON LAKES PARKWAY Resolution No . 86-288)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners had been notified .
He said that excess road right-of-way was created when the
road was realigned during construction.
There were no comments from the audience .
IVIV ION: Bentley moved , seconded by Anderson, to close the
Public Hearing and to adopt Resolution No . 86-288 , effect-
ing the vacation of part of Cumberland Road in Ridgewood.
West . Motion carried unanimously.
G. EASEMENT AND RIGHT-OF-WAY FOR SUPERAMERICA STATION AT
T .H . 169 AND CS H Resolution No . - 9
City Manager Jullie stated notice of this Public Hearing
had been published and surrounding property owners had been
notified . He said vacation of right-of-way on Pioneer Trail
and drainage and utility easements on one lot in the Augusta
Addition are necessary for the progress of the new Super-
America station.
Representatives of proponent were available to answer ques-
tions .
Director of Public Works Dietz said vacation of the old
County Road 1 right-of-way will be subject to continuing
easements for public utilities .
City Council Minutes -15- December 2 , 1986
There were no comments from the audience .
MOTION: Anderson moved , seconded by Pidcock , to close the
Public Hearing and to adopt Resolution Dlo . 86-289, effect-
ing vacation of a part of the right-of-way for Pioneer Trail
(Old County Road 1 ) and Drainage and Utility Easements over
Lot 1 , Block 1 , Augusta Addition, with the vacation of the
Pioneer Trail right-of-way subject to continuing easements
for public utilities . Motion carried unanimously .
IV . PAYMENT OF CLAIMS NOS . 31240 - 315-34
Peterson asked about Item 31456 to Independent School District
#272 for $3 , 138 . 79 . City Manager Jullie said he was not sure
what was included but he would checx on it .
Pidcock asked about Item 31399 to Bloomington Locksmith Co .
for lock repairs to the Public Safety building. Jullie respon-
ded that the locks are electrically controlled and the building
was hit by lightning. He said they are putting more protection
into the circuitry .
Pidcock asked why Items 31430 to Chris Enger and 31434 to John
Frane were for the same amount . Jullie said this is a set
amount for mileage expenses . She then asked about Item 31439
to GME Consultants Inc . Director of Public Works Dietz said
they are soils consultants for the Dell Road project .
Pidcock asked about Item 31494 to Pet Cremation Service . Jullie
responded that this was for disposal of an animal .
MOTION: Anderson moved , seconded b Bentley
,y, to approve the
Payment of Claims Nos . 31240 - 31534 . Roll call vote: Ander-
son, Bentley, Pidcock, Redpath and Peterson voted "aye . "
Motion carried unanimously.
V . ORDINANCES & RESOLUTIONS
A . Resolution No . 86-296 . amending Resolution Nos . 85-224 and
85-225 regarding Multi-Family Housing Bonds for Prairie
Village Apartments increasing amount of boon. issue to
0,000 from $4,432, 000
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City Manager Jullie said this is a request to increase the
amount of the bond issue for Prairie Village Apartments
from $4, 452,000 to $5, 750 ,000. He said a public hearing
to amend the Tax Increment Plan is scheduled for December
16 , 1986 , inasmuch as they have also requested an increase
in the maximum amount of tax increment from $78,000 per
year to $124,000 per year for the purpose of lowering rents .
in the project .
i
City Council Minutes -16- December 2, 1986
Richard Krier, representing proponent, addressed the pro-
posal .
Red path asked when they are going to build it . Krier
said their plan is to close with the lender before the
end of the year .
Peterson asked if they are planning the same mix of elderly
and family . Krier said it will be the same .
Pidcock noted that the rent for a one-bedroom apartment
will be $369 per month and asked what income would be
necessary to fit the requirements . Krier said the yearly j
income would be $14, 760 . Bentley noted that amount is the
maximum income the renter can earn in order to meet the
requirements .
Pidcock asked what percentage of equity proponent would
have in the building. Krier responded that it is $1 ,1000000 ,
or about 1/7 of the total .
MOTION: Redpath moved, seconded by Anderson, to adopt
Resolution No . 86-296 , amending Resolution Nos . 85-224 and
85-225 regarding Multi-Family Housing Bonds for Prairie
Village Apartments increasing amount of bond issue to
$5 , 750,000 from $4,452 ,000, and to request proponent to
submit the Letter of Credit or bond which would secure the
City' s $124,000 interest in the project for the purchase
of the property . Motion carried unanimously .
Krier then asked to discuss the tax increment increase .
Bentley said he felt the increase was justified because of
the new tax rules producing the need for some additional z
help and the fact that the number of subsidized units has
been increased .
V I. PETITIONS , REQUESTS & COMMUNICATIONS
f
There were none .
VII . REPORTS OF ADVISORY COMMISSIONS
A . Human Rights & Services Commission - Recommendation on
facilities for PROP
City Manager Jullie called attention to the memorandum of
November 20, 1986, from Elizabeth Kelly, Chairperson of
of the Human Rights and Services Commission, which contained
a recommendation from the Commission to provide "in kind"
space for PROP in the Schultz property at 8000 Mitchell Road
beginning January 1 , 1987 . He noted that City Attorney
City Council Minutes -17- December 2, 1986
Pauly has brought up some concerns and so this should be
continued for a couple of weeks to allow Mr. Pauly to check
the statutes more closely.
MOTION: Anderson moved, seconded by Pidcock, to continue
discussion of the recommendation to the December 16th
meeting to allow the City Attorney time to research the
situation. Motion carried unanimously.
VIII .. APPOINTMENTS P OINTMENTS
There were no appointments .
IX . REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A . Reports of Council Members
1 . Anderson - Report on river bluffs erosion
Anderson said he had checked this out and is concerned
about the tremendous amount of erosion all the way along
the bluffs . He said there will be more erosion unless
drastic steps are taken to clean up the bluffs and stop
the motor vehicle traffic that is increasing the problem.
Peterson asked about the possibility of getting a report
on the maintenance and preservation of the bluffs area.
City Manager Jullie said he would think about it and
get back to the Council in a couple of weeks .
Bentley said he was concerned about the existence of
trash in the area since dumping is not permitted , and
also about the ongoing problem of off-road vehicles .
A discussion followed regarding who owned the property
involved .
Jullie commented that he thought the drainage work done
by the landfill had helped alleviate the erosion in
that area . Anderson said he agreed but a real problem
exists to the east of the landfill area.
MOTION: Anderson moved , seconded by Pidcock, to direct
Staff to study the problem of river bluffs erosion and
to return with recommendations to correct the problem.
Motion carried unanimously.
B . Report of City Manager
ff There was no report .
�r
City Council Minutes -IS- December Z , 1986
C . Report of City Attorney
There was no report .
D . Report of Director of Community Services
1 . Acquisition of Miller Park
Director of Community Services Lambert reported on the
status of negotiations with Mrs . Marjorie Ross of Apple
Valley for the acquisition of land for Miller Park .
He said both parties have agreed to a total price for
the land of $336 , 000 ; the owners would like to close
before December 31 , 1986 ; and they want to sell it `
under threat of condemnation which gives the seller
a longer time for reinvestment purposes .
Peterson asked if Mr. Sinell had commented on this pur-
chase . Lambert said he had talked to Mr. Sinell prior
to the negotiations and he said at that time he thought
$385 . 000 would be in the ball park.
Pidcock asked how this would be paid for. Lambe---t
replied that we would pay cash from park dedication
fees .
MOTION: Redpath moved, seconded by Anderson, to approve
the purchase of land for Miller Park in the amount of
$336 ,000, with the understanding that the property owner
has agreed to sell under the threat of eminent domain.
Roll call vote : Anderson, Bentley, Pidcock, Redpath
and Peterson voted "aye . " Motion carried unanimously.
E . Report of Director of Public Works
1 . Summary of Water Well Construction
Director of Public Works Dietz said there will be an
informational meeting on December 9th for residents along
Edenvale Blvd . adjacent to the new water wells to pro-
vide them with information on the water well construction.
He said the meeting will be held in the School Adminis-
tration Building Boardroom.
X . NEW BUSINESS
There was none.
XI . ADJOURNMENT
NOTION: Redpath moved , seconded by Pidcock, to adjourn the
meeting at 11 : 00 PM. Motion carried unanimously.
y ,
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