City Council - 05/19/1987 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , MAY 19, 1987 7 : 30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris and
Patricia Pidcock a
CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant n
to the City Manager Craig Dawson, City T
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
F
ROLL CALL: All members were present . '
Upon advice from the City Attorney on the question of whether the
Council meeting could properly begin before the closing of the polls
for the School Board election, Mayor Peterson began the meeting with
the first Public Hearing, ANDERSON' S GARDEN SHOPPE . For the purpose
of consistency in the Minutes , those proceedings will appear in order
as Item IV . A .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VII . C .
Request of Minneapolis Rowing Club; X . A . 2 . Pidcock
Discussion regarding extra vehicles around residential areas ;
X . A. Peterson Request or Councilparticipation in
dunk tank '-
MOTION: Bentley moved , seconded by Anderson, to approve the
Agenda and Other Items of Business, as amended and published .
Motion carried unanimously.
II . MINUTES OF SPECIAL CITY COUNCIL MEETING HELD THURSDAY, APRIL 30,
MOTION: Bentley moved , seconded by Harris, to approve the
Minutes of the Special City Council meeting held on April 309
1987, as published . Motion carried unanimously.
III . CONSENT CALENDAR
A . Clerk ' s License List
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City Council Minutes -2- May 19, 1987
B . Final_ Plat A-p.2roval for Jennifer Addition (Bank at N.E ._
Corner at TH 5 and CSAH 41 Resolution No . 87-116
C . Final Plat A roval for Storaga... Complex (Williams Mini-
Storage, TH . 69) Resolutin No . 87-117
D. Final Plat Approval for Wilson Pointe (Flying Cloud Drive,
north of Valley View RLoLdl Resolution No . 7- 1
E. Authorize preparation of Feasibility Study for Rowland Road
Improvements, I .C . 52-0'- Resolution No . 87-120T —
F. Award bids for Edenbrook Play Structure
G. Change Order No . 2 for Wyndham Knoll Improvements, I . C .
2-C9
H. Request Authorization to hire Architect for Renovation of
old City Hall— or Senior Center 3
I . Authorize and request Hennepin County to install "No
Parking" signs along Pioneer Trail County Road� 12 near
Homeward Hills Road (Resolution No . 7-126 )
Bentley asked with which project Item E, Feasibility Study
for Rowland Road improvements, was in conjunction. Director
of Public Works Dietz said the possibility of redoing that
feasibility study was discussed at the meeting regarding
Bryant Pointe . Bentley asked if this was for the entire
length of Rowland Road . Dietz said it would be from Town-
line Road to Shady Oak.
Bentley asked what caused the 12% increase for the Wyndham
Knoll improvements, Item G. Dietz said this was a 100%
petition project with the developer responsible for grading
the site . After the City began to install the utilities,
it was determined that a subcut would be necessary to
stabilize the road .
Bentley asked if .Item H to hire an architect for renovation
of Old City Hall for a Senior Center was on this year' s
community development block grant . Director of Community
Services Lambert said we reapplied for some funds that were
returned . He said we were approved for $30, 000 and we have
determined that we want to use those funds for this project .
Harris noted that a date on page 1097 of the Consent Calendar
items should be 1986 rather than 1987 . Regarding Item I.
she asked if there are any other options at this time rather
than installing "No Parking" signs along Pioneer Trail .
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City Council Minutes -3- May 19. 1987
Peterson said he assumed an option would be to expand the
church parking lot .
Regarding Item B, Pidcock said she was questioning all the
signage on the property as she thinks it is a mess there .
City Manager Jullie said he would suspect some of them are
construction signs; however, Staff will review the site
and get back to the Council on that .
MOTION: Anderson moved, seconded by Harris, to approve
Items A - I on the Consent Calendar. Motion carried unani-
mously .
IV . PUBLIC HEARINGS
A . 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 RT-22 to C-
Commercial on 1 .6 acres and from RI -22 to R1-13 .5 on 1 .86
acres, with variances to be reviewed by the Board of Appeals, i
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 . A continued
public hearing from 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 . He said this Public Hearing
had been continued from the May 5th Council meeting.
Fred Hoisington, representing proponent , addressed the
proposal .
Planning Director Enger said the Planning Commission reviewed
this proposal at the March 23rd meeting and continued the
item to the April 13th meeting. At the April 13th meeting
the Commission recommended on a 7-0 vote denial of the
request for Comprehensive Guide Plan Change and the rezon-
ing request, subject to the recommendations of the Staff
Reports of April 10, 1987 and March 20, 1987 . He said the
Commission recommended approval of the rezoning for the
southern portion of the Li ' l Red property to Neighborhood
Commercial as that action had been taken by a previous
Council but was never consummated .
Enger said Staff has received additional information since
the Planning Commission meeting in April . He said the
Commission was concerned about the appropriateness of
zoning this site to commercial; rather they felt low-
density residential was appropriate for this site .
City Council Minutes -4- May 19. 1987
Proponent has provided additional information that shows
low density residential is not feasible . Enger said
Staff has done further work on this and it appears that
it would be feasible under certain conditions.
Enger said the Planning Commission was concerned about
land use and the ability to control the land use on a
day-to-day basis for the long term . He said proponent
has indicated a willingness to place restrictive covenants
on the property in order to provide additional control
by the City; however, such covenants would be helpful for
long-term control . '
Enger said proponent has put forth additional changes
including some design and building material changes . He
suggested that new elevations be required from proponent
to illustrate the exterior to be used and that the materials
be in conformance with the ordinance, should this project
be approved . He said additional parking and traffic infor-
mation has been provided ; however, it is difficult to {
predict just what traffic will be generated from a project
such as this .
Enger said the new proposal including outside storage and
display areas will be about three times as large as the
use at the current location. He said this would require
a minimum of 36 parking spaces or 48 spaces by Code . He
said it would be difficult to provide the 48 spaces without f
using the buffer area to the south .
Bentley asked Mr. Hoisington to elaborate on what the
proposed restrictive covenant might contain or what it
might accomplish. Mr. Hoisington said they were looking
at restrictions on use, such as parameters on types of
things sold , reuse, and generally narrowing it to a level
that is comfortable for both parties. Bentley asked if the
restrictions would preclude outdoor storage of such items
as landscaping ties and fertilizer bags . Hoisington said
they are agreeable to that .
Anderson asked City Attorney Pauly if such an agreement
could be binding. Pauly said such agreements have been
entered into in the past and he believes they are binding.
He said the level. of control requires additional adminis-
trative oversight .
Peterson noted he would rather have restrictions related
only to future use so that a future Council would have the
,r opportunity to approve an alternate use .
+� Harris asked about the proposed signs for the Garden Shop.
Hoisington said they will be a maximum of six feet high
City Council Minutes -5- Muy 19, 1987
and will be placed in the front of the building in order
to be seen from Eden Prairie Road .
E . F . Grover, 16390 Westgate Drive , said they bought their
property with the assurance that the Westgate subdivision
was zoned low-density residential . He said their sense
of privacy is threatened by this change to Community Com-
mercial for the property adjoining their backyard, and he
vehemently opposes this change in the zoning.
Rhoda Grover, 16390 Westgate Drive , said a six-foot fence
would not be adequate to block out the view or the noise a
from the proposed parking area and noted it is only 40
feet from their yard to the parking lot .
Todd Bollig, 16251 Westgate Lane , said he thought the
project was a great idea and would be an improvement to
the current building on the property.
Ken Johnson, 16370 Westgate Drive , said he was in favor
of the project as his greatest fear is high-density resi-
dential on that property . He said he thought the proposed
project will be very attractive and will be landscaped
very well . He thought it might provide a buffer from the
traffic noise on Hwy . 4.
Roger Skogman, 16251 Westgate Trail , said he was in favor
of the project , particularly the homes that will be built
as part of the project, as it would improve the entire
neighborhood .
Tom Reigart , 16391 Westgate Drive , said he is concerned
with the traffic problems and with customers parking
along his street if there is not enough parking provided
in the project .
Haakon Nyhammer, owner of Li 'l Red Grocery, said he
thought this would be a low-key and very compatible use
for the property adjacent to his store . He said their
current shop is well kept up. He said the problems with
traffic through the parking lot is under control as a
result of the ordinance recently passed .
Bruce Lindbloom, 7370 Walnut Court , said he believes the
issue is that this property is zoned residential for a
reason; that is, in order to separate commercial and
residential areas . He said there are plenty of locations
for commercial development; however, the Andersons made a
speculative purchase in a residential area and then asked
to have it rezoned .
City Council Minutes -6- May 19, 1987
Bill Kenny, 17651 W. 78th Street , said he thought it
would be difficult to sell a single-family residence on
that property because of the traffic volume on Hwy. 4,
the lights from the ballpark, and the noise from Li ' l
Red . He said he was in favor of the project .
Christine Dodge, 15850 Westgate Drive, said she is concerned
with the problem of traffic south on Hwy. 4 trying to make
a U-turn into this project . She said this would be a prob-
lem for anything built on this property.
Don Anderson, proponent, said trere will be no outside
storage whatsoever. He said the sign is in conformance
with the ordinances . He said they felt this would provide
the best buffer for the surrounding neighborhoods . He
noted that if this project is not approved, Eden Prairie
residents will have to go outside of the City for their
garden needs . He submitted a petition signed by many
customers and neighbors in favor of the project . (Attach-
ment A )
Mr. Anderson said their proposal is for 3000 square feet,
as opposed to 2000 square feet plus 500 square feet of
storage at their current location. He said all of the
operations will cover only 25% of the property. .
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Jan Goettsch, 16221 Westgate Drive, asked what the hours
of operation will be . Mr. Anderson said it will be open
only during daylight hours--9: 00 AM to 7 :00 PM in the
height of the season. Ms . Goettsch said she has a problem
with the traffic that will be generated by this project .
Regarding the question of buffering and compatibility,
Bentley said he could relate to the Grovers ' concerns
having experienced a similar episode in his neighborhood;
however, such a facility can be a very good neighbor and
it can be adequately screened . He said he thought the
Planning Commission and Staff should be complimented on
doing a very thorough job of reviewing this proposal .
He said he thought one of the reasons for Staff and Cora-
mission recommendations on this project was previous
Council statements made concerning the future of this
property. He said he believes the Council needs to retain
flexibility as to appropriate land use and whether a
proposed use represents the highest and best use of the
property . He said he thought this project is an approp-
riate land use and does represent the highest and best
use of that property .
Councilmember Anderson said he thought you make a commit-
ment to people when you zone a parcel of property so that
City Council Minutes -7- May 19, 1987
People who buy in an area can rely on the zoning commit-
ment . He said the neighbors were very concerned about
traffic in this area previously and this will add to that
problem. He said he was also concerned about how long
this property will remain a garden store once it is re-
zoned .
Harris said she was troubled by certain aspects of this
project , particularly the traffic issue ; however, she is
also sensitive to some of the alternative uses of the
property . She said she agreed with Mr. Bentley that this
could be and probably is an appropriate utilization of
this piece of property. She said she was also interested
in Mr . Enger' s alternative resolutions for development of
this property .
Enger said , subsequent to denial by the Planning Commission,
Staff spent some time discussing alternatives, primarily
involving additional residential area, changing access to
the property, or incorporating Anderson' s store into the
Li 'l Red building.
Peterson said he thought there was validity on both sides
of this issue . In his opinion we have been presented with
a low-intensity, high-quality and aesthetically-pleasing
development . He said another use might actually further
increase the traffic and that the project may well be an
asset to the neighborhood .
Pidcock said she thought the quality of life
would be improved with this type of project.
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearin; and to direct Staff to prepare the necessary
Ordinances and Resolutions for approval, with such Ordinances
and Resolutions to include the items discussed tonight
regarding development of restrictive covenants for land
use, a higher fence along the side adjacent to the Grovers '
property, proponent providing additional information on
building elevations and materials proposed , proof of
parking to meet the ordinances, the question of signage ,
and variances to be reviewed by the Board of Appeals, and
with the understanding that this represents preliminary
approval of the project and of the Comprehensive Guide
Plan Amendment .
Pauly noted that the Comprehensive Guide Plan Amendment
4
has to be approved by the Metropolitan Council before the
final rezoning can occur. Hoisington asked if they would
be coming back for 2nd Reading within a month. Enger
said the Met Council approval would be a summary approval
and we would probably receive it back within a month.
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City Council Minutes -8 May 19, 1987
VOTE ON THE MOTION: Motion carried with Anderson voting
"No ••
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B . LAVONNE INDUSTRIAL BUILDINGS I I AND III, by LaVonne
Industrial Park Partnership. Request for Site Plan Review
within the I-2 District on 7 .84 acres, Zoning District
Change from Rural to I-2 on 1 .2 acres, from Rural to R1 -22
on 2 acres , and from I-2 to R1-22 on 1 .3 acres for con-
struction of 95, 100 square feet of industrial space within
two buildings together with 3 single family lots . Loca-
tion: East of Chicago Northwestern Railroad, north of
Stratford Road , and west of Leesborough Avenue . (Ordinance
#21 -87, Rezoning within I-2 District ; Ordinance #22-87,
Rezoning from I-2 to R1 -22 ) {
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Jim Noreen, representing proponent , addressed the proposal .
6
Planning Director Enger said the Planning Commission re-
viewed this item at the April 27th meeting. He said the
twc lots for proposed industrial exist within the approved
LaVonne Industrial Park and there are three lots proposed
for single-family residences to the south of Edenvale Blvd .
He said the Planning Commission voted 7-0 to recommend
approval of the request , subject to the recommendations
in the Staff Reports of April 24, 1987 .
Pidcock asked about the truck traffic onto Edenvale
Blvd . Mr . Noreen said there is a potential of 55-foot
trucks at this facility and noted that there are existing
truck route signs on Edenvale Blvd.
Pidcock said she understood that Edenvale Blvd . was to be
a minor collector street . Enger said the original intent
was to divert truck traffic from the Edenvale and Tanager
Creek residential areas and the medians were set up to
direct truck traffic in that area. A discussion followed
regarding the possible problems with truck traffic in the
area.
Enger said the quickest access route is by Carlson Drive
to the Crosstown. Anderson said we need to take a look
at the truck signage in the area so that we can divert
any truck traffic through the industrial area.
Bentley asked Enger if the Planning Commission and Staff
are in agreement with the external materials proposed for
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City Council Minutes -9- May 19, 1987
this project . Enger responded that the Industrial Park
District still allows concrete materials .
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There were no comments from the audience .
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MOTION: Bentley moved, seconded by Harris, to close
the Public Hearing and to give 1st Reading of Ordinance a
No . 21 -87 for Rezoning within the I-2 District . Motion
carried unanimously . a
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MOTION: Bentley moved, seconded by Harris, to give 1st q
Reading of Ordinance No . 22-87 for Rezoning from 1-2
to RI -22 . Motion carried unanimously.
MOTION: Bentley moved, seconded by Pideock, to direct r
Staff to prepare an amendment to the Developer' s Agree-
ment incorporating Commission and Staff recommendations .
Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct
Staff to analyze, review and return to the Council with
recommendations relative to truck traffic on Edenvale
Blvd . by the next Council meeting. Motion carried unani-
mously .
MOTION: Pidcock moved that the Staff recommendations
relative to truck traffic on Edenvale Blvd . will be acted
upon by the Council .
Motion died for lack of a second .
d
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C . FAITH CHURCH OF THE NAZARENE . Request for Comprehensive
Guide Plan Amendment from Low Density Residential to
Church on 5 .87 acres, Zoning District Change from Rural
to Public , and Preliminary Platting of 5 .87 acres into
one lot for construction of a church . Location: South of
County Road #1 , east of Blossom Road . A public hearing.
(Resolution #87-121 , Comprehensive Guide Plan Amendment ;
Ordinance #23-87, Rezoning; Resolution #87-122, Preliminary
Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
6
Rev . Dave Frisbee, pastor of Faith Church of the Nazarene,
addressed the proposal.
Planning Director Enger said the Planning Commission re-
viewed this item on April 27th and recommended on a 6-1
vote approval of the Comprehensive Guide Plan change to
public and rezoning from Rural to Public to allow for a
City Council Minutes -10- May 19, 1987
church, subject to the recommendations of the Staff
Report of April 24, 1987 . He said the primary concerns
were with the traffic problem on County Road 1 ; however,
this church will add very little to the traffic problem
on that road . He said they will check again with the
County staff to see if they would recommend the installa-
tion of right and left turn lanes on County Road 1 .
Enger said one of the Staff recommendations included a
slight modification to the site plan so that the parking
and the building could be shifted further west in order
to leave a wider buffer area to the townhouse area. He x
said the church representatives have agreed to those
changes .
Director of Community Services Lambert said the Parks , x
Recreation & Natural Resources Commission reviewed this
last night and recommended approval on a 5-0 vote, per
the recommendations of the Planning Commission and Staff .
Anderson asked Enger what his feelings were about a right-
only for out-going traffic as he felt the left-hand turn
traffic causes problems in traffic . Enger said he agreed
that the left cross turning traffic causes problems, and
he thought it was important to work further with the County
on this . He said a right-only might create different prob-
lems further to the west .
Anderson then asked whose responsibility and cost it would
be for the turning lanes if the decision is made that they
are necessary . Enger said normally if the County recom-
mends such lanes, Staff then makes that recommendation to
proponent and the proponent would pay for the improvements
however, we have not received that recommendation from the
County .
Bentley asked if there is any alternative exit available
for this church . Enger said an additional access to Blossom
Road through an intervening lot might be possible . Director
of Public Works Dietz noted that this area has been re-
viewed and it is now being recommended that Blossom Road
be cul-de-sated rather than brought out to County Road 1 .
Dietz said alternative access for this site would be diffi
cult because of the grade .
Anderson said there are still no sidewalks or trails along
County Road i despite the addition of two churches and
i other development and asked when we plan to put pathways
in . Iambert said that was included in the Parks Referendum
t4at was defeated; however, they are requesting all
developers to grade in the pad and give a trail easement .
City Council Minutes -11 - May 19. 1987 s
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It will then be easy to put in the trail in those areas
but there are still some very rough areas to get through
as far as obtaining easements and construction on steep
slopes is concerned .
Anderson then asked if it was necessary to wait for a
referendum on this . Lambert said the only other source of
funds would be the General Fund and the trail system would
be a minimum of $60-70, 000 for the trail from Homeward t
Hills to Franlo Road . Pidcock noted that a lot of people
walk to church , and it is very unsafe in this area.
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Doug Moran, 10788 Jackson Drive , said his backyard will a
have a view into the parking lot of the church because the
proposed berm won 't cover that area. He said the proposed '
tree plantings in that area are only six feet high and
won 't block the view for several years .
Ron Szmergaiski . 10648 Jackson Drive , said he is concerned
with drainage coming into their area and with the traffic
problem. �
Jim Russell, 12220 Travois Road , said as a member of the
church he was concerned that they will be good neighbors
and add something to the community. He said they will
make the adjustments necessary. He said they are also
concerned about the traffic on County Road 1 and pedestrian
safety along that road . He noted that their church will
contribute at most Orie.tenth the traffic of the other two
churches located along County Road 1 .
MOTION: Harris moved, seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No . 87-121 , amend-
ing the Comprehensive Guide Plan . Motion carried unani-
mously.
MOTION: Harris moved , seconded by Pidcock, to give 1st
Reading of Ordinance No . 23-87 for Rezoning. Motion
carried unanimously.
MOTION: Harris moved , seconded by Pidcock, to adopt Reso-
lution No . 87-122 , approving the Preliminary Plat of Faith
Church of the Nazarene . Motion carried unanimously .
Anderson asked if proponent would be allowed to not put
a coating on the parking lot for a number of years . Enger �
replied that they would be required to hard surface the
parking needed for the church initially.
Peterson asked if the concerns of the neighbors to the east
regarding screening of the parking lot should be addressed
in the Developer ' s . Agreement . Enger said as a minimum
City Council Minutes -12- May 19, 1987
six-foot trees are proposed to act as screening, and he
felt the limited view of the parking lot would not be
inappropriate . Peterson said that since the church has
offered to be good neighbors, perhaps they would be willing
to rectify the neighbor' s concerns by planting taller trees .
Anderson asked if the question about drainage had been
answered . Director of Public Works Dietz said there is
an outlot from the pond that was constructed with the
townhouse development and the development of Jackson Drive .
He said the elevation of the homes is said to be two feet
above the high water mark of the pond .
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Anderson asked how deep the drainage pond is . Dietz said
the current water elevation is low now, but could become
deeper during a wet season. He said we have created
similar ponding areas elsewhere in the City. Anderson
asked about our liability as a City for a potential hazard
such as a storage pond . City Attorney Pauly said there
is a potential for some liability but it is also a matter
of what alternatives exist and how reasonable are those
alternatives .
MOTION: Harris moved , seconded by Pidcock, to direct
Staff to prepare a Developer 's Agreement incorporating
Commission and Staff recommendations . Motion carried
unanimously.
D. RIDGEWOOD WEST 6TH by Centex Homes Corporation. Request
for Planned Unit Development Concept Amendment on approxi-
mately 101 acres, Zoning District change from. RI-13 .5 to
RM-6 .5 on 8 .1 acres and Preliminary Plat of 8 .1 acres into
60 lots and 10 outlots for construction of 60 townhouse
units . Location: North and east of Wellington Drive, north
and west of Cumberland Road . (Resolution ##87-123 , PUD
Concept Amendment to Overall Ridgewood West Planned Unit
Development ; Ordinance ##24-87, Rezoning; Resolution #87-124,
Preliminary Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Tom Boyce , representing proponent, addressed the proposal .
Planning Director Enger said previous to this request,
Centex had a request for condo units which they withdrew
after a visit to the Planning Commission . At the April
27th meeting the Planning Commission reviewed this proposal
and, on a 6-I vote , recommended approval of the requested
zoning change . based on revised plans dated April 2 4th and
subject to the recommendations of the Staff Report of April
24, 1987 .
City Council Minutes -13- May 19 , 1987
Enger said the Staff recommendations included revising the
plans to reflect a five-foot wide concrete sidewalk along
the north side of the private Loop road with appropriate
connections to be made to the sidewalk along Cumberland
Drive , details of interior lighting locations and any
signage, and screening of the property across the private
loop road and Wellington Drive intersection . He also
noted that the original request for 60 units has been re-
vised to 55 units .
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed the
proposal on May 18th and recommended approval on a 5-0 F
vote, per the recommendations of the Planning Commission
and Staff.
Anderson asked what the selling price of the units will be .
Boyce said their current base price in Bloomington is
$77-$90, 000 . R
Steve Doms , 13949 Wellington Drive, said this project is
entirely surrounded by single family homes . He said he
had been told by Staff at City Hall that this area was
zoned R1 -13 .5 and would be single family homes, and he
made an economic decision based upon that information.
He wondered whether this was a question of spot zoning and
added that he believed the zoning should not be changed .
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John Ginn, 8961 Knollwood Drive, said he agreed that this
project would be an island and he thought the existing
single family neighborhood has a character different from
a multi-family neighborhood . He said the Centex sales-
people had told buyers that it would be single family.
Dallas Reuter, 13805 Carmody, said he too was under the
impression that this area would be single-family homes .
He said he thought this project seems totally out of place .
Kevin Davidson, 13947 Wellington, said he didn' t think the
Council should change the zoning as it is all single-family
in the area . He said he was also concerned about the
traffic level on Cumberland Road as it is currently used
as a shortcut from Mitchell Road to Anderson Lakes Park-
way, and that would increase with multi-family housing
on this site .
Tom Carmody, 8595 Mitchell Road, reviewed the history of
the land purchase and development for their project which
is near this one . He said their request for development
of quads was turned down so they went along with the single
City Council Minutes -14- May 19, 1987
M
family residences although the assessments are tremen-
dous . He said they feel picked on .
Mike Carmody, 8595 Mitchell Road . said they were told by
the Planning Staff that they were going to maintain the
single-family cluster to the southwest . He noted that
this multi-family development makes their lots less desir-
able .
Anderson asked Enger to explain the PUD agreement with
Centex . Enger reviewed the history of the Westover Woods
area since the late 1970' s .
Pidcock asked how many buildings there will be in the
project . Boyce said there are 12 buildings . Pidcock
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then asked if it would be possible to have units like the
ones in Westover on this site. Boyce said they had made
a number of economic decisions and believe this proposal
is better . Pidcock then said she has a problem with single
family all around and then going in with townhomes .
Anderson asked what the current price is on the cluster
homes . Boyce said they are sold out ; however, the base $
price was about $76-92 , 000, with the average sales price
a little over $100, 000 . Anderson noted that is about the k
same as these proposed townhouses .
Bentley noted that the concept of cluster nomes which is
being referred to as single-family was actually looked
upon as an experimental type of housing unit that was an
alternative to townhouses . He said it was looked upon as E
multiple , medium-density development . He said he thought
this was a nice development but it was being planned for
the wrong site, and he thought they could accomplish close
to the same thing in a cluster setting.
MOTION: Pidcock moved, seconded by Bentley, to close the
Public Hearing and to direct Staff to prepare a Resolution
of Denial with Findings of the request for rezoning and
PUD Concept Amendment .
Peterson said he believed the interim decisions made by
the developers to modify the PUD at various times has
modified the entire PUD .
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Anderson said he was concerned that Eden Prairie is running j
out of this type of housing and the cluster homes were a
type of successful first owner homes.
VOTE ON THE MOTION: Motion carried unanimously.
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City Council Minutes -15- May 19, 1987
Pidcock said she wanted to restate that the reason for
denial is because the property is surrounded by single
family on all sides and the developer did modify the PUD
at various times .
V . PAYMENT OF CLAIMS NOS . 34570 - j34885
MOTION: Pidcock moved , seconded by Harris, to approve the
Payment of Claims Nos . 34570 - 34885 . Roll call vote:
Anderson, Bentley, Harris, Pidcock and Peterson voted "aye ."
Motion carried unanimously .
V I . ORDINANCES & RESOLUTIONS
There were none .
VII . PETITIONS , REQUESTS & COMMUNICATIONS
A . Approve Plans and Specifications for Chain of Lakes Project
Resolution No . 7- 19
Director of Public Works Dietz reviewed the plans for the
Chain of Lakes drainage improvement- project . He said it
was very similar to the Feasibility Study prepared by
Barr Engineering. The Watershed District could open bids
within 45 days; however, they have not yet acquired all
of the easements. He said we don't know the final costs
the City will incur for this project as yet ; those costs
will include some maintenance work and ?5% of the easement
acquisition costs .
MOTION: Anderson moved , seconded by Bentley. to adopt
Resolution No . 87-119. approving Plans and Specifications
for Chain of Lakes Drainage Improvements . Motion carried
unanimously.
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B . Request from Naegele Outdoor Advertising regarding bill-
boards
MOTION: Bentley moved, seconded by Pidcock, to table
this request until further notice . Motion carried unani-
mously.
C . Request of Minneapolis Rowing Club
Referring to his memo of May 19, 1987 , regarding the
Minneapolis Rowing Club request, Director of Community
Services Lambert said they want to install temporary marker '
buoys on Bryant Lake so that the club can hold the Minnea-
polis Regatta there on June 6 , 1987 . He said the Park
City Council Minutes -16- May 19, 1987
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Reserve District Board has reviewed this and approved it
on a one-time , trial basis . The Parks , Recreation &
Natural Resources Commission reviewed this last night and Y
recommended approval with the conditions that the Club g
secure a hold-harmless agreement for the date of the
event and that the Club provide a copy of a letter notify- y
ing residents around the lake of the event by May 25th .
Lambert said the .Park District will control access for that
date . He said the letter to the residents will explain
what the Club is proposing to do and request them to not k
interfere with the races on that day.
Lambert said approval of this item should be given with
the understanding that if there is some other hazard or
problem with this that we are unaware of, we have the
right to change our mind and withdraw the approval . 4
Peterson said he was concerned about the voluntary compli-
ance of the neighbors and a letter doesn 't get any com-
mitment from them . Seth Ahlborn, Director of the Minneapolis
Rowing Club, said voluntary compliance in any area is a
concern. He said boats outside of the designated course
are not a problem.
Peterson asked how many residents might be affected by
this . Lambert responded about 50 residents .
Pidcock noted that this is done in communities on the
East Coast all the time and asked how those areas handle
this . Ahlborn said he thought people there are more
aware of such events and support the activity .
Lambert noted that the Parks Commission thought this was
a great idea for the community as there will be free rowing
lessons all day and other benefits . He said their primary
concern was the issue of liability.
Peterson asked if we could have some of our Public Safety
personnel helping to patrol during the race . Pauly said
that we could ; however, there is no ordinance in the City
Code that prohibits other persons from going on the lake
during an event such as this . Such an ordinance would be
the best solution .
Anderson said he was also concerned about the problems
with the airplanes on the lake . Lambert said the Parks t
Commission was also concerned about that and that was why
they limited the placing of buoys to Saturday only. A
discussion followed regarding the airplanes on the lake . s
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City Council Minutes -17- May 19, 1987
MOTION: Anderson moved , seconded by Pidcock, to give
preliminary approval to the request of the Minneapolis
Rowing Club to hold the Minneapolis Regatta on Bryant
Lake , Saturday, June 6 , 1987 , subject to the recommenda-
tions of the Parks, Recreation & Natural Resources Com-
mission and Staff . Motion carried unanimously.
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VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
IX . APPOINTMENTS
There were none .
X . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
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A . Reports of Council Members
1 . Discussion to schedule I-494 presentation
Peterson said this item was continued from the prev-
ious meeting. ' He suggested that Councilmembers view
the 15-minute video and then decide whether an addi-
tional meeting was necessary .
2 . Pidcock - Discussion regarding extra vehicles around
residential areas
Pidcock said she was concerned about situations where
there are six or eight vehicles in one driveway and
asked if we have an ordinance to control such a situa-
tion. Peterson said he agreed it was a problem, but
he didn't know what can be done about it . A discus-
sion followed regarding the possible control of such
situations .
3 Peterson - Reca uest for Council pELrticipation in dunk
tank
Peterson said the Schooner Days Committee would like
Councilmembers to consider spending a half hour each
in the dunk tank during Schooner Days .
B . Report of City Manager
There was no report .
C . Report of City Attorney
There was no report .
" City Council Minutes -18- May 19, 1987
D . Report of Director of Planning
There was no report .
E. Report of Director of Community Services
1 . Request authorization to hire Planning and Engineering
Consultant for Parks
Referring to his memos of May 13 and 14, 1987, Director
of Community Services Lambert said they need assistance
in planning for the proposed 1987 projects . He said
there was an error in the May 1 4th memo and 1% should
be changed to 10%.
Bentley asked how we monitor this . City Manager
Jullie said Staff has set out some priorities and
has determined how to monitor this type of consulta-
tion . Bentley asked if this would be paid out of cash $
park fees . Jullie said it would .
MOTION: Anderson moved, seconded by Harris, to approve
the concept of using consultants for park planning,
engineering and surveying assistance . Motion carried
unanimously .
2 . Request authorization to proceed with Referendum Voter
Study
Director of Community Services Lambert reviewed his
memo of May 13 , 1987, which outlined the estimated cost
to conduct the Park Bond Referendum Study . The cost
will be $1800-2000 .
MOTION: Harris moved , seconded by Pidcock, to approve
the Park Bond Referendum Study for a total cost not
to exceed $2, 000 .
Bentley said he still thinks that the idea of doing
such a survey is pointless and unnecessary. He was
strongly opposed to the concept . Anderson said he
agreed with Mr . Bentley.
Peterson said that he thought it was important that we
learn for what reasons this small group of people who
regularly vote in our elections chose to vote as they
did .
VOTE ON THE MOTION: Motion carried with Bentley and
Anderson voting "No . " .
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City Council Minutes -19- May 19, 1987
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Harris noted that we are primarily seeking information
as to what the citizens are thinking and are not
trying to reverse the decision.
3 . Eden Prairie Edina Adaptive Recreation Program
Proposal
MOTION: Bentley moved, seconded by Harris, to approve
the concept proposed in the memorandum of May 4. 1987,
whereby Eden Prairie and Edina have agreed to pursue
a cooperative agreement to join with Richfield and
Bloomington to offer adaptive recreation programs .
Harris said she thought this represents an efficient
use of resources; that such a collaborative effort
is a cost effective way to develop this type of service .
Peterson asked what the source was of the statistics
on the number of participants . Lambert said that was
from the School District . Peterson said he would also
like to see some projections as to participation.
Anderson asked how many people will avail themselves
of this program. Lambert said we have a good idea
as most of them are now using the Bloomington-Richfield
program .
Anderson asked how the City fits into this if the School
District is taking care of it . Lambert said cities
are responsible for the youth recreation programs . He
said the programs will be offered after school and in
the summer .
VOTE ON THE MOTION: Motion carried unanimously.
F. Report of Director of Public Works
1 . Award Contract for Valley View Road Improvements west
of Golden Triangle Drive I .C . 2-0 Resolution
No . 87- 2
Director of Public Works Dietz reviewed the details
of this project and the bids received .
MOTION: Harris moved, seconded by Pidcock, to adopt
Resolution No . 87-125, accepting bid of Preferred
Paving Inc . for I.0 . 52-089, Valley View Road west of
Golden Triangle Drive .
Bentley asked why there was such a big difference
between the estimate and the actual amount . Dietz d
said the engineer' s estimate assumed a disposal site
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City Council Minutes -20- May 19, 1987
would be available adjacent to the property; however
there is none and excess soil material will have to
be trucked and disposed of off the site .
VOTE ON THE MOTION: Motion carried unanimously.
XI . NEW BUSINESS
There was none .
X I I . ADJOURNMENT
MOTION: Pidcock moved , seconded by Bentley, to adjourn the
meeting at 12: 02 AM . Motion carried unanimously.
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