City Council - 05/05/1987 rr
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , MAY 5 , 1987 7:30 P .M . . CITY HALL COUNCIL CHAMBERS
7E00 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and
Patricia Pidc ock
CITY COUNCIL STAFF. City Manager Carl J . Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D . Frane , Director of Planning
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: Councilmember Harris was absent .
I . APPROVAL OF ACID-rkrA AND.-OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: X . A . 2 .
Peterson - Presentation on I-4 4 Corridor Study Report ;
X . B . 1 Lease Agreement with School Di District for old
Clty Hall space .
The following item was changed: III . D . Change "West" to
"East" .
MOTION: Anderson moved , seconded by Bentley, to approve the
Agenda and Other Items of Business, as amended and published .
Motion carried unanimously.
II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, A PRIL 21 , 1987
MOTION: Bentley moved, seconded by Anderson, to approve the
Minutes of the regular City Council meeting held on April 21 .
1987, as published . Motion carried unanimously.
III . CONSENT CALENDAR
A . Clerk ' s License List
B . DEER CREEK 2ND ADDITION, by Thomas M. Carmody . 2nd Reading
of Or finance - 7- -2-87, Rezoning Planned Unit Develop-
ment District Review on 80 acres with variances and Zoning
District Change from Rural to R1 -9 .5 on 10 .5 acres ;
Approval of Developer's Agreement for Deer Creek 2nd
Additions and Adoption of Resolution #87-102, Authorizing
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City Council Minutes -2- May 5, 1987
Summary of Ordinance #8-87-PUD-2-87 , and Ordering
Publication of Said Summary . 12 .6 acres into 31 single
family lots and one outlot . Location: West of Anderson
Lakes Parkway, east of Carmody Drive . (Ordinance #8-87-PUD-
2-87, Rezoning and PUD; Resolution 87-83 Authorizing
Summary and Publication)
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C . CARDINAL RIDGE, by Countryside Investments, Inc . 2nd
Reading of Ordinance #16-87-PUD-3-87, Planned Unit
Development District Review, with Zoning from Rural to
R1 -13 .5 with variances on 23 .1 acres; Approval of Developer' s
Agreement for Cardinal Ridge ; and Adoption of Resolution
#87-80, Authorizing Summary of Ordinance #16-87-PUD-3-87
and Ordering Publication of Said Summary. 23 .1 acres into
37 single family lots and road right-of-way . Location:
East of Baker Road and Edenvale Boulevard intersection,
west of Interstate I-494 . (Ordinance #16-87-PUD-3-87,
Rezoning and PUD; Resolution #87-80, Authorizing Summary
and Publication)
D . Final Plat A roval for The Tree Farm (South of CSAH 1 ,
East of TH 9) Resolution No . 87- 09
E . Final Plat Approval for Welter' s Purgatory Acres 2nd
North of CSAH 1 West of Bennett Place Resolution No .
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F. Final Plat Approval for Deer Creek II Extension of
Carmody Drive West of Anderson Lakes Parkway) Resolution
No . 7- 0
G . Receive 100% Petition for Public Improvements for Nemec
Knolls and Order Preparation of Plans and Spec If ica7t'lons
I . C . 2- Resolution No . 7- 0
H. Authorize Conveyance of Right-of-Way for Baker Road
Project to Hennepin County
I Adopt Resolution Requesting Speed Study for CSAH 1 between
CSAH 18 and TH Resolution No . 87-111 )
J . 2nd. Readin& of Ordinance No . 14-87, Regulating _the Posses-
sion, Service and Consumption Liquor, Beer Kegs Kegs# Beer
and Wine in Public Parks
MOTION: Bentley moved, seconded by Anderson, to approve
Items A - C, corrected Item D. and Items E - J on the
Consent Calendar. Motion carried unanimously.
IV . PUBLIC HEARINGS
A FEASIBILITY STUDY FOR STREET AND UTILITY IMPROVEMENTS IN
PRAIRIE VIEW AND ST . ANDREW DRIVE, I .0 . -10 Resolution
No . 87-92 ) Continued from April 21 , 1987
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City Council Minutes -3- May 5 , 1987
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City Manager Jullie noted that this item was continued {
from the April 21 st meeting because of concern over the y
notification process for the Public Hearing.
Director of Public Works Dietz reviewed the details of
the project and the proposed method of assessment .
Tom Schramm, 7151 Prairie View Drive , distributed a
statement objecting to the project . (Attachment A )
He said he objects to the proposed cost of the project
rather than the project itself. He reviewed the details
of his objection to the proposed assessments .
Bentley noted that the cost of the proposed assessment is
based upon actual construction costs, and that the purpose
of proceeding to this point has been to answer the peti-
tion from the neighborhood . He commented that, if the
project does not go ahead , it will become more expansive
down the line .
Pidcock asked City Attorney Pauly how we justify this kind
of assessment . Pauly said the assessment cannot exceed
the benefit to the property, as determined by the market
value prior to ".he assessment and the market value after
the assessment .
Pidcock then asked if the average value of property in
this project would be increased by $13, 000 . Dietz said
his experience with similar assessments indicates that
the assessment would probably stand the test ; however,
the City would have to pay the excess, to the extent that
the value is not increased sufficiently . A discussion
followed regarding assessments and lot values in other
areas of the City.
Anderson asked if we have any basis for comparing lot
prices in adjacent subdivisions . Dietz said Steve Sinell
researched property in this project and reported the average
to be currently at $19-20,000 for the lots . He said there
are no lots available for that price in Eden Prairie now;
in fact there are none under $35 , 000 . He noted the lots
in this project are larger than the typical lots currently
for sale and that also contributes to the expense of this Y
project .
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Greg Joachim, 7298 Prairie View Drive, said he was not in
favor of the project because of the cost, and noted that
he was sure the value of his house would not increase by
$13, 000 as a result of completing this project .
Dick Olson, 7275 Prairie View Drive, said he was in favor
of the project and did not believe that the costs are out
of line .
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City Council Minutes -4- May 5 , 1987
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Mike Gust, 7280 Prairie View Drive, said he is in favor
of the project because the wells for Eden Prairie are located x
in this area and he is concerned about the effect of the
City wells on the residents ' wells .
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As a point of clarification, Bentley noted that the assess-
ments indicated here are proposed assessments and the
actual assessments will be levied . based on the actual
construction costs at an Assessment Hearing in the fall
of 1988 . At that point if it were challenged and the.
City could not prove that the actual costs benefited the
property to the extent of the assessment , then the amount
of the assessment would have to be modified accordingly.
MOTION: Bentley moved, seconded by Anderson. to close the
Public Hearing and to adopt Resolution No . 87-92 ordering
preparation of plans and specifications for I.C . 52-104,
Prairie View Drive and St . Andrew Drive utility and street
improvements .
Pidcock noted that if this motion passes, the pending
assessments against these houses will be $26,000 and that
amount will have to be put in escrow should the property
be sold . Bentley said he had asked for a discussion of
that issue later this evening.
Pidcock said she thought the project should go through, but
she thought it is unfortunate that this kind of pending t
assessment is levied against the property for those who
may have to move .
Anderson asked if the construction costs are coming in
close to bid . Dietz said it appears most are coming in
at or a little less than estimated . Anderson then said
a major concern at this time is the possibility of in-
creased interest rates if the project is delayed a couple
of years .
Pauly pointed out that this project would require a 4/5
vote of the Council for approval since it was not petitioned
for by 35% or more of the adjoining property owners .
Pidcock asked if there is some way we can alleviate this
in case of hardship. Peterson said he was going to
suggest we ask Staff to prepare a policy statement rela-
tive to such projects in existing residential areas so
that these issues don't have to be debated at every
hearing. He said he thought it was important for the
Council to be sensitive to the residents ' concerns, and
he would like to find ways of equalizing or alleviating q
hardship cases .
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City Council Minutes -5- May 5 , 1987
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Pidcock noted that a deferment wouldn 't do any good in
alleviating this hardship.
VOTE ON THE MOTION: Motion carried unanimously .
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The consensus was to direct Staff to begin work on some
policies for assessments in existing areas for consider-
ation at a future Council meeting.
B . FEASIBILITY STUDY FOR SUNNYBROOK ROAD AND UTILITY IMPROVE-
MENTS I .C . 52-109 Resolution No . 77
City Manager Jullie stated notice of this Public Hearing
was published in the April 21 and April 28, 1987 issues
of the Eden Prairie News .
Director of Public Works Dietz said this project came up a
as the result of a proposed subdivision called Meadowpark x
III . He said the developer of the property submitted a
petition for utilities and streets along the southern
boundary of that project . He said the improvements include
street paving, concrete curb and gutter, a minimal amount
of storm sewer improvements, water and sanitary sewer.
The estimated cost is $116 , 000 . He said the City would
pay a share for the street improvements along the park
property. He described the proposed method of assessment .
Construction would probably begin in July with substantial
completion yet this year.
Pidcock asked why 17 years is used as the assessment
period . Dietz responded that when the process of assessing
special assessments was begun several years ago, that was
the most favorable length of time to get good rates on the
bonds and also to give homeowners time to pay it off .
He said Finance Director Fra.ne would be the one who could
review that and decide if it is still the best length of
time .
Peterson noted that Mr. Frane probably does regularly re-
view that time period . Dietz said it is a compromise
situation to keep costs low while giving property owners
time to pay it off. He said the range of 15-20 years is
typical in metropolitan areas .
There were no comments from the audience .
MOTIONS Bentley moved, seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No . 87-68, ordering
preparation of plans and specifications for I .C . 52-109,
Sunnybrook Road goad and utility improvements . Motion
carried unanimously .
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City Council Minutes -6- May 5 , 1987
Pidcock said she would like to request that Mr . Frane
check into the question of the time period for amortiza-
tion of the assessments .
C . EASEMENT 'IACATION, WILLOW CREEK 2ND ADDITION (Resolution
No . 7-113
City Manager Jullie stated notice of this Public Hearing
was published in the April 15, 1987 issue of the Eden
Prairie News . He noted that this is essentially a house-
keeping item.
There were no comments from the audience .
MOTION: Bentley moved , seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No . 87-113 , vaca-
tion of drainage and utility easement in Willow Creek 2nd
Addition. Motion carried unanimously .
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D . ANDERSON'S GARDEN SHOPPE, by Don C . and Rita L. Anderson
and H. J . Nyhammer. Request for Comprehensive Guide Plan
Change from Low Density Residential to Community Commercial
on 2 .2 acres, Zoning District change from R1-22 to C-
Commercial on 1 .6 and from Ri-22 to RI-13 .5 on 1 .86 acres,
with variances to be reviewed by the Board of Appeals, and
Preliminary Plat of 3 .1 acres into six lots and road right-
of-way . Location: Southeast corner of County Road #4 and
Valley View Road, west of Westgate Lane .
MOTION: Bentley moved, seconded by Anderson, to continue
this item to the May 19th meeting of the City Council .
Motion carried unanimously .
E. LUNDS CENTER, by Commercial Partners, Inc . Request for
Zoning District Change from Rural to C-Reg-Ser on 6 .1
acres with variances to be reviewed by Board of Appeals,
Preliminary Platting of 6 .1 acres into one lot and road
right-of-way for construction of 58,108 square feet of
commercial uses . Location: Southeast corner of Franlo
Road and Prairie Center Drive . (Ordinance #17-87, Rezoning
from Rural to C-Reg-Serf Resolution #87-102 , Preliminary
Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
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David Shea, representing proponent , addressed the proposal .
Jim Benshoof, representing Benshoof & Associates, reviewed
the details of the traffic study conducted for the project .
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AV City Council Minutes -7- May 5, 1987
Planning Director Enger said this item was reviewed by
the Planning Commission at the March 9 and April 13 , 1987
meetings . The Planning Commission recommended approval with
modifications, subject to the recommendations of the Staff
Reports of March 6th and April loth . One of those recom-
mendations was to bring the project into conformance with
the City ' s Floor Area Ratio (F .A .R. ) maximums . He said
the project as it stands has a F.A .R . of .21 , while the
maximum is .20; thus the project would have to go to the
Board of Appeals if it is approved as it stands .
Enger said the Planning Commission is recommending against
the variance because there is essentially no hardship
created and there is a potential traffic problem with the
project . He reviewed the implications of the increased
traffic volume from this project to the overall plan for
traffic management in the Major Center Area .
Enger noted that there i5 not a lot of space to provide
transition between this project and the expected develop-
ment to the south. The developer has proposed to do the
transition with a grade change and landscaping. He noted
that the Parks , Recreation & Natural Resources Commission
did not review this, but there would be a requirement for
a five-foot concrete sidewalk along the so•ith side nf
Anderson Lakes Parkway with a connection to 6he shopping
center and to the grocery store .
Relative to the results of the traffic study, Pidcock
asked if any consideration had been given to constructing
an overpass at the intersection of Hwy . 169 and Prairie
Center Drive . Enger said that had not been given serious
thought but it would solve a lot of problems caused by
the signal at that intersection. Dietz said we have
restricted land area in that area and would need signifi-
cantly larger amounts of land to provide such an inter-
change .
Peterson asked Pidcock how that relates to this particu-
lar project . Pidcock responded that this project is part
of the development of that area and as such will add to
the already large volume of traffic on Prairie Center Drive .
Peterson then noted that this proposal does not require any
interchange improvement except at Franlo Road . t
Pidcock said the traffic report includes the intersection
of Hwy. 169 and Prairie Center Drive and the project is
within the Major Center Area. Peterson said there is no
recommendation from Benshoof & Associates to improve or
upgrade that intersection.
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City Council Minutes -8- May 5, 1987
Bentley noted that this intersection is not presently
operating at a Level F situation and , further, he believes
that any improvements to that intersection should be gener-
ated by the State of Minnesota . A discussion followed
regarding traffic levels at that intersection and on
Prairie Center Drive .
Bentley asked where the loading area for the smaller build-
ing is on the project . Shea said the drug store would
have its own area inside the building and the others would
be served by the side door or through the front .
Bentley noted that traditionally this type of facility
is serviced by a rear service entrance and asked how they
intend to screen the delivery trucks to keep them from
becoming a problem to the neighbors on the east and south .
Shea said there is a fence planned to extend along the
entire south side from the building along the back of
Lunds, and the deliveries to the smaller building would
be of short duration.
Bentley asked what would happen if the drug store or one
of the adjoining stores becomes a hF.rdware store or some
other use that would require heavier deliveries . Shea said
those stores would have to be .rented by "high-ticket" types
of stores in order to be profitable .
Bentley said this configuration doesn 't allow for screening
from the parking lot and the roadways . He then asked Shea
if they would be willing to enter into restrictive cove-
nants as to the types of uses that would be allowed . Shea
said that could be discussed with the developer.
Bentley said he had the impression that there would be
some indication from the developer tonight that they had
acquired additional land in order to bring the project
into conformity with the maximum F.A .R . or, alternatively,
that they proposed a voluntary reduction of the structure 's
size . He asked what would happen to the project if it is
approved contingent upon a .20 F .A .R . Shea saidi:this would
require the developer to go back to Lunds to discuss the
additional cost and to determine whether the project would
still be feasible .
Bentley said his personal feeling is that the Floor Area
Ratio should not be used as a means of controlling traffic
in the Major Center Area. He said he doesn't have a big
problem with a .21 F.A .R . versus the .20 maximum F.A .R.
Pidcock asked about ownership of the property. Shea said
the developer will own the property and Lunds would rent
from him. Pidcock asked who will operate the drug store .
City Council Minutes -9- May 5 , 1987
Shea said he was not sure who that will be .
Pideock noted that she was still upset about the traffic
situation in the area. She said she would like to get
more information froze Staff as to what the plans are for
both Prairie Center Drive and Hwy . 169 . Enger said BRW' s
suggestion would be for double left turn lanes and lenthen-
ing out of the free right turn lane . He said there are
other intersections in the Major Center Area that will
reach a level of F.
Dietz said there is a later agenda item asking for approval
to upgrade the traffic report which would prioritize some
of the improvements , generate some budget numbers and
develop a proposed capital improvement project for the
intersections in the area.
Anderson asked how the property to the south is guided or
zoned . Enger said it is guided high-density residential .
Anderson said that would mean the buildings would probably
be more than one story. He then asked what the view of
this project would be from the top level of such a building.
Enger said you would see the back of the store, the roof
and the parking lot area . Anderson then said that would
mean that any berming would not be of any avail to people
on the 2nd or 3rd floor of an adjoining building.
Anderson asked if it would be possible to get more trees
or spread them out more in the parking lot area . Enger
responded that the developer has expressed a concern about
the recent City change in the parking ordinance and that
Staff has indicated that this is an ideal situation in
which to designate certain areas of the parking lot to be
landscaped rather than black-topped until such time as
additional parking space is needed .
Bentley said there are two intersections that are directly
impacted by this proposal--Prairie Center Drive and Preserve
Boulevard, and Franlo Road and Preserve Boulevard . He
asked what could be done at those intersections to miti-
gate the impact . Dietz said proponent was aware of the
requirement to upgrade Franlo Road and Prairie Center
Drive as that will be the major access point . He said
they will probably do a Feasibility Study to improve all
of Franlo Road .
Bentley said there is no protected left turn lane from
Preserve Blvd . to Franlo Road . Dietz said the ultimate
intersection improvement there includes a left-turn lane
at that point . Dietz said Preserve Blvd . is a candidate
for future signalization .
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City Council Minutes -10- May 5, 1987
There were no comments from the audience .
MOTION: Pidcock moved, seconded by Bentley, to close
the Public Hearing and to give 1st Reading of Ordinance
No . 17-87 for rezoning from Rural to C-Reg-Service on
6 .1 acres. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Bentley, to direct
Staff to prepare a Developer ' s Agreement incorporating
Planning Commission and Staff recommendations .
Bentley said he would like further discussion as to whether
the Council should give some direction to the Board of
Appeals on the F.A .R. issue. .
VOTE ON THE MOTION: Motion carried unanimously . a
MOTION: Bentley moved , as a direction to the Board of
Appeals & Adjustments, to state that the Council is not
opposed to the .21 F.A .R . on this particular project .
Motion died due to lack of a second .
MOTION: Anderson moved , seconded by Pidcock, to recommend
to the Board of Appeals & Adjustments that the .20 F .A .R .
be maintained .
Peterson said he thought it was important to demonstrate
our commitment to traffic management in this area and
that this is an appropriate statement of that commitment .
Bentley reiterated his opposition to using Floor Area
Ratio to control traffic in the M.C .A . , and said we are
going to have to find some other means of traffic control .
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VOTE ON THE MOTION: Motion carried with Bentley voting
"'No .,
F. EDEN PRAIRIE ENTERTAINMENT CENTER, by Brody Associates, Inc .
Request for Planned Unit Development Concept Amendment on
15 .2 acres, Planned Unit Development District Review with
variances on 15 .2 acres with Zoning District Change from
Rural to C-Reg-Service on 1 .42 acres and Zoning District
Amendment within the C-Reg-Service District on 5 .0 acres,
and Preliminary Plat of 6 .42 acres into one lot for con-
struction of a theater/restaurant complex . Location:
Southwest quadrant of Eden Road and Glen Lane . (Resolution
#87-103, PUD Concept Amendment of Eden Glen PUD; Ordinance
#18-87-PUD-4-87, Rezoning from Rural to C-Reg-Ser and
Zoning District Amendment within C-Reg-Ser District and PUD
District Review; Resolution #87-1041 Preliminary Plat )
City Council Minutes -I1- May 5 , 1987
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Steve Hitchcock, representing proponent , addressed the
proposal .
Planning Director Enger said this item was reviewed by
the Planning Commission on March 23rd and again on
April 13th. He said the unresolved issue between the
two meetings was a question of adequate parking on the
site . After the developer revised his plans to provide
additional parking, the Commission recommended approval
on a 7-0 vote of the request for rezoning and PUD review
variance for setback, subject to the recommendations of
the Staff Reports of April 10 and April 24. 1987 .
Enger said they would like to add a. recommendation at
this time to have proponent provide a sight-line study
of the central access point to Eden Road as it will be
after modification. He said that it would be important
to preserve that access to the project if possible; how-
ever, they are concerned about the sight line distances.
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this t
item on April 20th and recommended approval per the
recommendations of the Planning Commission and Staff.
Anderson said he was concerned about this project generat-
ing more pedestrian traffic , particularly young people
who will be crossing Hwy. 169 to get to the theatre com-
plex. He asked if we have sidewalks or trails on both
sides of the road there .
Enger responded that there would be a sidewalk on both
sides of Glen Lane and there is now a sidewalk along the
north side of Eden Road that they anticipate to be ex-
tended along the north and west side of Eden Road . He
said there is a problem with constructing one on the
south and east side of Eden Road because of the retaining
wall near the oak trees .
Anderson said he was veryconcerned about how
pedestrians
will get across Hwy. 169 from the main shopping center,
as it is very unsafe at this time . Enger said they would
check into the situation .
There were no comments from the audience .
City Council Minutes -12- May 5 , 1987
MOTION: Anderson moved , seconded by Pidcock, to close
the Public Hearing and to adopt Resolution No . 87-103 ,
approving the Eden Prairie Entertainment Center PUD
Concept Amendment to the overall Eden Glen PUD . Motion
carried unanimously .
MOTION: Anderson moved , seconded by Bentley, to give
1st Reading of Ordinance No . 18-87-PUD-4-87 for rezoning
and Zoning District Amendment and PUD District Review .
Motion carried unanimously.
MOTION: Anderson moved , seconded by Pidcock, to adopt
Resolution No . 87-104, approving the Preliminary Plat of
Eden Prairie Entertainment Center for Brody Associates,
Inc . Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to direct
Staff to prepare a Developer' s Agreement incorporating
Commission and Staff recommendations and with the addi-
tional requirement that proponent provide the sight-line
study outlined by Mr. Enger . Motion carried unanimously .
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G. BRYANT POINTE, by Jyland Development , Inc . Request for x
Zoning 511strsct Change from Rural to R1-13 .5 on 20 .7 acres,
and Preliminary Plat of 20 .7 acres into 28 single family
lots and road right-of-way. Locations Southeast corner
of Hennepin County Highway #62 and Rowland Road . (Ordinance
#19-87, Rezoning; Resolution #87-105, Preliminary Plat )
City Manager Jullie stated notice of this Public. Hearing
had been published and property owners within the project
had been notified .
Jerry Hauer, representing proponent , addressed the
proposal .
Planning Director 'Enger said the Planning Commission re-
viewed this item at the April 13, 1987 meeting and
recommended approval of the request for rezoning and
Preliminary Plat on a 5-0 vote , subject to the recom-
mendations of the Staff Report of April loth. He reviewed
the City ' s tree replacement policy and how it relates
to the replacement of trees on this project .
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this
item on April 20th and recommended approval per the
recommendations of the Planning Commission and Staff.
wince that meeting Staff has decided to recommend a side-
walk in this development to allow pedestrian access to
the neighborhood park without crossing Rowland Road twice .
City Council Minutes -13 May 5 . 1987
He pointed out the proposed location of the sidewalk
and said that proponent has agreed to that .
Peterson asked if Staff had a response to the developer' s
question regarding future credit if some of the trees
scheduled for removal are not removed . Enger said Staff
agrees with that , and it would be worked out in the regular
course of administration of the tree replacement policy.
Peterson asked what length of time proponent expects for
the development process . Bob Carlson, proponent , res-
ponded that the time frame should be approximately three
years, assuming ten homes per year.
Director of Public Works Dietz said a Feasibility Study
for the upgrade of Rowland Road was performed in 1983 .
He said the approval of this project and the ghosting 3f
the Dean Holasek property provide a good idea of what will
be happening in this area . The Park Reserve District is
proposing to fund their share of the upgrade . He said the
Council may want to request that the Feasibility Study be
upgraded for review sometime this year.
Pideock asked if this project is in the Hopkins School
District . Carlson said it is .
Anderson said he would like to see if it would be possible
to move the trees on the property to other locations
rather than knocking them down. He asked what the plans
are for the roofs of the homes, as this area is very visible
from many different areas . He said he was also concerned
about the plans for pathways or sidewalks along Rowland
Road from the bridge over the Crosstown up to the park.
Lambert said there is no planned trail or sidewalk within
the right-of-way along Rowland Road because of the very
difficult terrain in that area and because there is a trail
through the park that is parallel to Rowland Road . Ander-
son said he understood the entrance to the park is going
to be changed and asked if there will be safe access for
pedestrians who will be going into the park . Lambert
said we could propose to the County to provide access
across from the entrance to this subdivision and from the
entrance to Carmel .
Mr . Carlson said there are about 650 hybrid 6-inch ash
trees on the Holasek site that have to be thinned out , and
they would like to transplant those onto their project
because of the similar soil conditions . He said they also
wanted to intersperse pine and spruce trees to provide a
greater variety of species . He also said the minimum
price for these homes will be $350, 000, which should help
to alleviate concerns about the appearance of the roofs .
City Council Minutes -14- May 5, 1987
MOTION: Pidcock moved , seconded by Bentley, to close the
Public Hearing and to give 1st Reading of Ordinance No .
19-87 for rezoning from Rural to R1 -13 .5 on 20 . 7 acres .
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Bentley, to adopt
Resolution No . 87-105, approving the Preliminary Plat
of Bryant Point for Jyland Development , Inc . Motion
carried unanimously.
MOTION: Pidcock moved, seconded by Bentley, to direct
Staff to prepare a Developer ' s Agreement incorporating
Commission and Staff recommendations and with the require-
ment that a sidewalk be constructed through the develop-
ment as outlined by Mr. Lambert . Motion carried unanimously .
H. ALPINE ESTATES 2ND ADDITION, by R . Ni . Feerick Associates .
Request for Zoning District Change from R1-22 to R1-13 .5
on 8 .4 acres, and Preliminary Plat of 8 .4 acres into 14
single family lots and road right-of-way . Location:
East of Alpine Trail, south of Chicago , Milwaukee & St .
Paul Railroad . (Ordinance #20-87, Rezoning; Resolution
#87-106, Preliminary Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Richard Feerick, representing proponent , addressed the
proposal .
Planning Director Enger said the Planning Commission re-
viewed this item at the April 13th meeting and recommended
approval on a 5-0 vote , subject to the recommendations of
the Staff Report of April 10, 1987 .
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this
proposal on April 20th and recommended approval per the
recommendations of the Planning Commission and Staff.
Bentley noted that this has been a tough project for a
long time but this item appears to have finally accomplished
a successful development proposal . He asked if we can
approve this project with 2nd Reading being contingent
upon the preparation of a Feasibility Study for the sani-
tary sewer improvements across the adjacent property. a
Jullie said he thought it would be possible to give tat
Reading to the zoning ordinance, conditioned upon the
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City Council Minutes -15- May 5 , 1987
working out of the provision for sanitary sewer before
2nd Reading could occur. . City Attorney Pauly said the
resolution for the Preliminary Plat has a specific provi-
sion that requires adequate sanitary sewer and a Preliminary
Plat can be approved subject to conditions . If those
conditions are not met , the Plat does not have to be
approved . He said it would also be appropriate to add
the condition to the rezoning ordinance .
Bentley asked what is the statutory limitation between
1st and 2nd Reading. Pauly said it is 120 days . Bentley
said the question would then be whether Staff can complete
a Feasibility Study and we can schedule and complete the
ordering of improvements within that timeframe .
Feerick said there are certain questions that have to be
answered so proponent realizes this will not be put in
the ground this year. He said they will be submitting a
petition tomorrow for all utilities and improvements .
Pauly said the 120 days has to do with preliminary approval ,
and final approval is contingent on the proponent meeting
all the conditions set up.
Dwight Harvey, 16190 Alpine Way, said he would like to
compliment Mr. Feerick on what he has done with a very
complicated piece of property and on the way he has worked
with the neighborhood . He said he was concerned about
the assessment of property owners who are not benefitted
by the sewer connection on this . He said Mr. John Anderson
has no intention of developing his five acres of develop-
able property in the near future , and he preserves the
area as a natural wildlife area; therefore , he wanted to
ask for deferral for Mr. Anderson' s property until he
develops it .
Councilmember Anderson asked if a portion of this property
is in the floodplain. Lambert said that was correct .
Anderson asked if there will be dedication of that flood-
plain area. Feerick said that issue has not been brought
forth, but it has always been his practice to dedicate
such areas if it makes reasonable use of the property and
does not diminish the lot size . Councilmember Anderson
noted that John Anderson has kept the majority of this
floodplain area as a wildlife preserve and he hoped the
developer of this project would consider giving this small
portion of the floodplain area to the City. Mr . Feerick
said they would agree to that .
MOTION: Bentley moved, seconded by Pidc ock, to close the
Public Hearing and to give 1st Heading of Ordinance No . 20
City Council Minutes -16- May 5 , 1987
E
87 for rezoning from Rl-22 to R1 -13 .5 on 8 .36 acres,
with the stipulation that 2nd Reading is conditioned upon
the resolution of and adequate provision for utilities
to this site . Motion carried unanimously .
MOTION: Bentley moved , seconded by Pidcock, to adopt
Resolution No . 87-106, approving the Preliminary Plat
of Alpine Estates 2nd Addition for R . M. Feerick Associates,
with the following stipulations: Final Plat to be contin-
gent upon the resolution of and adequate provision for
utilities to this site ; submission of a tree inventory prior
to Final Plat ; and the Final Plat to show dedication of
the floodplain area . Motion carried unanimously.
MOTION: Bentley moved , seconded by Pidcock, to prepare
a Developer's Agreement incorporating Commission and Staff
recommendations from the Council tonight . Motion carried
unanimously .
V . PAYMENT OF CLAIMS NOS . 34362 - 24569
MOTION: Bentley moved, seconded by Pidcock, to approve the
Payment of Claims Nos . 34363 - 34569. Roll call vote: Ander-
son, Bentley, Pidcock and Peterson voted "aye ." Motion carried
unanimously .
VI . ORDINANCES & RESOLUTIONS
There were none .
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V I I . PETITIONS, REQUESTS & COMMUNICATIONS
A . Receive Petition for Sanitary Sewer Improvements to Serve
Alpine Estates 2nd Addition and Authorize Preparation-of
a Feasibility Study Resolution No . 87-114)
Director of Public Works Dietz said a petition had been
received from the proponent of the previous project for
sanitary sewer improvements . He said that, technically,
this is not a valid petition; therefore any resolutions ,
would require a 4/5 vote of the Council. He also noted
that it will be a controversial project . g
a
Bentley noted that the issues of ultimate assessment or
potential deferments are contingent upon the Feasibility
Study and the Assessment Hearing after construction is
completed .
Richard Feerick, representing proponent, said the request
is being revised to include water and street improvements
in addition to the sanitary sewer .
City Council Minutes -17- May 5, 1987
Dietz said the petition that will be submitted for the
water, storm sewer and street improvements would probably
come to us as a 1O0% petition and thus would not require a
Feasibility Study .
MOTION: Bentley moved , seconded by Pidcock, to adopt
Resolution No . 87-114, receiving petition and ordering
Feasibility Report for I.C . 52-120. Sanitary Sewer for
Alpine Estates 2nd Addition . 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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1 . Discussion on City Policies Relating to Pending Special
Assessments
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Bentley said his question deals with how the City policy
relates to the requirements of the law relative to
pending special assessments, how they appear on the
deed of the property, and what the City staff' s posi-
tion is relative to those special assessments. He
asked by what right does a pending assessment that has
not legally been assessed by any governing body appear
on a property deed to the point that would require a
lending institution to escrow the amount of that pending
assessment .
City Manager Jullie said our policy has just evolved
over the years. He said once the Council has ordered
that an improvement be installed, Staff would indicate
on the City ' s Special Assessment cards that this assess- s
ment is pending and there is a potential levy. The
purpose of this has been to advise anyone who might do
an assessment search before buying a piece of property .
He said the problem of escrowing is a result of the
lending institutions wanting to ensure that there is
enough money at closing time to pay the assessments;
and that is a requirement of the lending companies, not
the City.
Jullie said research by the City Attorney indicates there
is nothing in the statutes that would require a City to
City Council Minutes -18- May 5, 1987
indicate a pending assessment ; however, he would
strongly recommend that we continue this policy in
order to allow the potential buyer to be informed of
the potential assessment .
Pidcock noted that she searches out this information
each time she sells a property . She said at the time
of closing the known taxes and the known special
assessments are paid and an amount equal to 1-112 to
2 times the pending assessment is placed in an escrow r
fund .
Peterson asked why the amount is 1-112 to 2 times the
pending assessment . Pidcock replied there has evidently
been a history of the pending assessment amounts not
being adequate to cover the actual assessments . Bentley
asked if this is done by all communities . Pidcock said
to her knowledge all communities in the metropolitan
area indicate pending assessments .
City Attorney Pauly noted that a title examination
would not reveal the pending assessments, so it is
necessary for someone to inquire at the local govern-
ment level to find out if there are any local improve-
ments in process .
Pidcock said every closer before closing goes through auto-
matically and checks with the City assessing department for
any pending assessments because there is a liability there .
Dietz said Staff has •set up a fund to allow residents
to pay off a pending assessment for homesteaded prop-
erties of the fixed $520 fee for trunk sewer and water
in certain areas . Bentley said he had a problem with
that and believes it is improper for us to collect
money before that assessment has been officially levied .
Dietz noted that this is done for the convenience of
residents only, and we do not request that people pay
it . A discussion followed regarding the legality of
such a procedure, how the procedure had evolved, and
the possibile future problems of such a procedure .
Peterson said he thought the City simply accommodates
people for their own convenience to clear up the title
and it would be up to them to follow up in the future
to see if the assessment was, in fact , levied .
2 . Peterson - Presentation on I-494 Corridor. Study Report,
Peterson noted that several weeks ago he reported that
representatives of the Met Council and BRW were prepared
City Council Minutes -19- May 5, 1987
to attend the May 19th Council meeting to provide a a
status report on the corridor study project . The z
presentation would take a minimum of 40 minutes , so
he suggested that it be scheduled before the regular
Council meeting on May 19th. Pidcock said she would b
not be able to attend .
Dietz noted that there will be a presentation at the
Edina Community Center tomorrow night .
The consensus was to defer this item and discuss it
again on the 19th .
B . Report of Cityr. Mangier
1 . Lease Agreement with School District for old City Hall
space
Assistant to the City Manager Craig Dawson said the
draft agreement for this is still with the attorneys ;
however, the School District wants to move ahead quickly
in order to have its operation open by August 1st .
Dawson said the School District has asked that the City
,._ provide a loan for three years at 8% interest to do
the remodeling work . He said the School District plans
to review the draft agreement at their May 21st meeting;
it could then be on the Council agenda for the first
meeting in June .
Pidc ock asked whether anyone else was interested in
renting this because she thought $4.00 per square foot
plus a loan such as they are requesting was a pretty
good deal. A discussion followed regarding the terms
of the draft agreement .
Anderson said he would like to get the going rate if
we are to be in the lending business . City Attorney
Pauly said the concept here is not so much a Than as
it is our improving the building and amortizing the
costs of the improvements . A discussion followed re-
garding the interest rate proposed .
MOTION: Anderson moved, seconded by Bentley, to approve
the concept of the lease agreement with the School
District for space at the old City Hall .
Pidcock said she has a problem with this as it doesn't
seem right that the City lend funds which could be
doing something better. She asked where the money was i
coming from. Jullie said it would come from the general
fund reserve .
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City Council Minutes -20- May 5, 1987
Anderson said one of the reasons we are in this
building today is that we worked out this agreement ;
and he believes the remodeling of the building is
part of that .
Peterson said this is an example of cooperation between
the City and the School District, and Eden Prairie
benefits from this cooperative atmosphere .
VOTE ON THE MOTION: Motion carried with Pidcock
abstaining.
C . Report of . City Attorney
City Attorney Pauly said there had been contact with the
attorney for the Met Council in the last few days requesting
a continuance on the hearing for our motion for a temporary
injunction. He said they reported receiving a report on
the residue of ash from the Red Wing plant, and there are
indications that the content of hazardous materials was
greater than anticipated . He said that they may be going
back to the E .R .C . and the Met Council to reconsider their
action in rescinding the supplemental E . I .S .
D . Report of Director of Planning
There was no report .
E . Report of Director of Community Services
1 . Five-Year Capital Improvement Program
Director of Community Services Lambert referred to
his memo of April 30th, 1987 with the attached updated
Five-Year Capital Improvement Program for the Community
Services Dept . and the Estimated Revenue for Capital
Improvement Projects . He said this is updated on an
annual basis, and those items listed for the year 1987
will come up before the Council sometime during the
year . He said the requested action tonight would be
for concept approval rather than single issue approval .
He noted that this kind of plan is required as a part
of applying for any State or Federal grant .
Peterson asked what the big dollar amounts for the
Community Center represent . Lambert said this includes
damage repair, a majority of which is expected to come
from the lawsuit on this item.
Peterson asked if the grant amounts listed are just
hoped for items . Lambert said none of the grants are
assured , but those projects would be eligible for
Federal or State grants .
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City Council Minutes -21- May 5, 1987 a
Anderson asked if we are presently applying for any
grant money . Lambert said an application was submitted
for a Lawcon grant for Riley Lake acquisition.
Anderson then asked about the $250. 000 in 1987 for the
Purgatory Creek Recreation area . Lambert said the
soils and water study should be completed in the next
month, and he would expect to come back to the Council
later with a request for authorization to begin ac-
quiring the land for major access to that park .
Anderson asked if we got a commitment from the Water-
shed District . Lambert said the commitment wp s that
they support the plan; however, we can formally ask
for some funding if they have any available after
their assistance on such projects as the Chain of
Lakes . Anderson then asked if Lawcon grants would
work for that area. Lambert said it would be eligible
but probably would not rank very high .
Bentley asked why this is separate from the entire
City 's capital improvement program . City Manager
Jullie said they are working on the entire program;
however, it is a lengthy process, and Mr. Lambert
needs this now in order to comply with the ant
P �'
applications.
Bentley asked what is the impact if this is approved ,
and we come back with a bond referendum that excludes
those items that would be taken care of by the capital
improvement program. Lambert said there is about a
half-million dollars in this program that was included-
on the recent bond referendum.
Councilmember Pidcock left at 11 : 40 PM.
Peterson asked what sort of long-term commitment this
represents to the Council should a budget crisis arise
in a couple of years . Lambert said this is a concept
that is generally changed significantly on an annual
basis .
MOTION: Bentley moved, seconded by Anderson, to approve
the concept of the Five-Year Capital Improvement Program
for 1987-1992 for the Community Services Department, F
as outlined in the Staff memorandum of April 30, 1987 .
Motion carried unanimously .
F. Report of Director of Public Works
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City Council Minutes -22- May 5, 1987
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1 . Authorize Update for MCA Traffic Study by BRW, Inc .
Director of Public Works Dietz referred to the proposal
from BRW of March 12 , 1987, to update the traffic study
of the Major Center Area . He said the update would
be used to put together some priorities for traffic
improvements that should be made with some budget
figures for a capital improvements budget for the
area. The update will cost about $26, 000 .
Dietz said they are contemplating requiring that
developers with new proposals for the MCA pay the cost
to run their project through the BRW traffic model in
order to see the effect of the proposal on the MCA
traffic . he said that cost would average about $2100
per project .
Peterson asked if any other consultants submitted a
proposal on this . Dietz said BRW has put together the
existing plan and has done most of the modeling work,
so they were the only firm asked to bid .
Bentley asked what the impact would be if the City were
to alternately rotate between three consulting firms
on a regular basis . Dietz said on a three-year basis
you would lose some continuity, and it wouldn't work
to ask them several times a year to plug a project into
the model .
Bentley said he thought BRW does the lion's share of
the traffic studies in the City, and he thought there
might be an advantage in the future to spreading out
the business in order to provide different viewpoints
over the long term. He said he would like to separate
out the issue of the $2100 fee for running a project
through the model , get more detail on the basis for
that fee, and then deal with that issue at another time .
Dietz said the $2100 is not a magic figure; rather the
cost would be determined on an hourly basis and this
was their estimated cost for an average development,
based on a project worked on in the past. He said the
actual cost would be time and material per. project .
Dietz noted that , if this arrangement is agreed upon,
they were planning to ask BRW to not do any further
work in the MCA . He said they have felt a lack of
continuity before, and Staff believes this arrangement
would provide that continuity. He said the developer
would be free to hire another consultant for compari-
son study . Bentley noted that would mean the developer
would pay for both studies .
City Council Minutes -23 May 5, 1987
MOTION: Bentley moved, seconded by Anderson, to
authorize the update to the regional center area traf-
fic plan. Motion carried unanimously.
XI . NEW BUSINESS
Bentley said he had a serious concern about the traffic situa-
tion at the intersection of Preserve Boulevard and Prairie
Center Drive . He said he would like to proceed with a traffic
analysis of that intersection before the BRW update is completed .
MOTION: Bentley moved to direct Staff to make a study of the
intersection of Preserve Blvd. and Prairie Center Drive to
improve traffic conditions at that intersection.
Motion died for lack of a second .
Peterson noted that there are other ones that may be more
problematic . He said he thought it would make more sense to
ask BRW to do a very quick study of all of the affected inter-
sections and then prioritize them. Anderson said he didn ' t
want to pick: specific intersections as he thought we have a
better means of identifying problem ones .
X I I . ADJOURNMENT
MOTION: Bentley moved, seconded by Anderson, to adjourn the
meeting at 11 :55 PM.
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