City Council - 09/15/1987 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 15 , 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
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: All members were present . ±.
PROCLAMATION FOR OBSERVANCE OF EDEN PRAIRIE "DAY OF PEACE"
MOTION: Harris moved , seconded by Anderson, to adopt Resolution
No . 87-262 proclaiming Eden Prairie Day of Peace . Motion carried
unanimously .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The followingitems were added to the Agenda: VII . B .
g
Request from Olympic Hills for a Grading Permit ; IX . A .
Appo ment of Doug Fell to Light Rail Transit Advisory
Commission
MOTION: Bentley moved , seconded by Pidcock, to approve the
Agenda and Other Items of Business, as published and amended .
Motion carried unanimously.
8
II . MINUTES
A . CITY COUNCIL MEETING HELD TUESDAY • AUGUST u, 1287
Continued from September 1 , 1987 ).
The following changes were made to the Minutes.-
Page 5, Paragraph 2, Sentence 2--change "constructed
with street construction" to "constructed simultaneous
with street con'nstruction" ; Page. "17, Paragraph 6 , Sentences
1 and 2--change - "Graph 3" to ,"Draft 3"'; Page 18, paragraph
6 , Sentence 5--change "size and height might be" to "size
and height indicated in Draft 3 might be" .
City Council Minutes -2- September 15, 1987
MOTION Anderson moved , seconded by Pidcock, to approve
the Minutes of the City Council meeting held Tuesday,
August 4, 1987, as amended and published . Motion carried
unanimously .
B . CITY COUNCIL MEETING HELD TUESDAY, AUGUST 18, 1987
The following changes were made to the Minutes : Page 15 ,
Paragraph 2 , Sentence 3--change "Board ' s part" to "Counc il ' s
part" ; Page 18 , Paragraph 7, Sentence 2--change "tenure"
to "tenor" ; Page 20, Paragraph 2 , Sentence 1--change the
sentence to read "Harris said it ' s important to have the m
summary presented at the meeting since it outlines the
City`s role in the process and clarifies questions raised
several times by people in the community as to what the
Council is doing" ; Page 20 , Paragraph 5 , Sentence 1--
change the sentence to read -Harris said any review of that
nature should include legal review of recent court opinions
regarding governmental restraints on use of real property" ;
Page 21 , Paragraph 1 , Sentence 1 --change the sentence to
read "Jullie suggested deferring this item to let Staff
come back in a couple of weeks with a preliminary report
addressing the issues of the growth process" .
MOTION: Anderson moved , seconded by Bentley, to approve
the Minutes of the City Council meeting held Tuesday,
August 18, 198?, as published and amended . Motion carried
r
unanimously.
III . CONSENT CALENDAR
A. Clerk's License List
B. Request from Robert B:iorkland , President of New Concept
Homes, for nam ing of Park
C . Final Plat approval for Eden Pointe south of County Road
and east of Homeward Hills Road Resolution No . 87-255
D. 2nd Reading of Ordinance No . 47-87 amending City Code Sec-
tion 2 .1 , which regulates the terms for the Historical
& Cultural Commission
E. Receive petition for street and utility improvements within
Columbine Road right-of-way and authorize preparation of a
Feasibility Study, I.C . 52-10 Resolution No . 7-2 1
City Council Minutes -3- September 15 . 1987
F . ESPECIALLY FOR CHILDREN . 2nd Reading of Ordinance No..
38- 7-PUD- - 7, PUD District Review and Zoning District
Amendment within the Neighborhood Commercial District ;
Approval of Developer 's Agreement for Esppecially for Child-
ren; and Adoption of Resolution No . 87-247. Authorizing
Summary of Ordinance No . 37-87-PUD-8-87, and Ordering
Publication of Said Summary. 1 .29 acres for construction
of a day care facility . Location: South of Townline Road ,
east of Dell Road . (Ordinance No . 38-87-PUD-8-87, PUD
District and Zoning District Amendment ; Resolution No .
87-247 , Authorizing Summary and Publication)
G. Receive 100% petition for street and utility improvements
for Wyndham Crest Addition and authorize preparation of
plans and s ec fications I .C . 2- 29 Resolution No . 87-
259
x
H . 1st Reading of Ordinance No . 48-87, renaming Appaloosa
Lane to Tree Farm Road
MOTION: Bentley moved, seconded by Harris, to approve
Items A - H on the Consent Calendar. Motion carried
unanimously.
IV . PUBLIC HEARINGS
A . ROGER' S BODY SHOP, INC . , by Roger L. Lindeman. Reqquest
for Zoning District Change from Rural to I-2 on I acres
with variances to be reviewed by the Board of Appeals , and
Preliminary Plat of 1 .91 acres into one lot and road right-
of-way for construction of an auto body shop. Location:
Highway #169 across from the Hennepin County Vocational
Technical School . (Ordinance #44-,.87, Rezoning; Resolution
#87-249, Preliminary Plat ) Continued from September 1 ,
1987
City Attorney Jullie called attention to the letter of
September 15th from proponent requesting a two-week
continuance .
MOTION: Bentley moved, seconded by Pidcock, to continue
this item to the October 6, 1987 meeting. Motion carried
unanimously.
B . BLUESTEM HILLS 4TH ADDITION, by Brown Land Company .
Request for Planned Unit Development Concept Review on
15 .94 acres, Planned Unit Development District Review on
15 .94 acres with variances, Zoning District Change from
Rural, to R1-13 .5 on 10 .57 acres with Shoreland variance
to be reviewed by the Board of Appeals, Zoning District
Amendment within the R1-13 .5 District on 5 .36 acres , and
I
City Council Minutes . -4 September 15, 1987
Preliminary Plat of 15 .94 acres .into 27 single family
lots, 3 outlots, and road right-of-way. Location: West
of Bennett Place and Bluestem Lane . (Resolution #87-250,
PUD Concept ; Ordinance #45-87-PUD-11 -87, PUD District and
Zoning District Change; Resolution #87-251 , Preliminary
Plat ) Continued from September 1 , 1987
City Manager Jullie called attention to the letter dated
September 15, 1987, from proponent requesting a 60-day
continuance .
MOTION: Pidc ock moved, seconded by Harris, to continue
this item to the November 17th Council meeting. Motion
carried unanimously.
C . FALL 1287 SPECIAL ASSESSMENT HEARING (Continued from.
September 8, 1987) Resolution NNo.-97-254
i
Director of Public Works Dietz reviewed the special assess-
ment items continued from the September 8th meeting.
1 . I .C . 51-272 : Sidewalk, Bikeway, Storm Sewer and
Street Improvements on Valley View Road from Mitchell
Road to Eden Prairie Road
Regarding I.C . 51 -2 72, Dietz said two portions of
this improvement were continued while the rest was
approved . He said that after discussions with City
Attorney Pauly, Staff recommends that the four parcels
PID 09-116-22-14-0008 - PID 09-116-22-14-0011 be
eliminated from the assessment rolls . New notices
would be sent to all 120 units in the condominium
development and a new Public Dearing date of October _
6th would be set .
Dietz said 122 notices were sent out for the September
8th meeting to the owners of condominiums in Village
Green. He said notices are sent to taxpayers of
record ; and this may occasionally result in notices ,
not catching up to the correct owner in cases of
change of ownership . However, he said Staff believes
the process was completed correctly and is recommending E
that the assessment be levied per the original amount .
Peterson asked Dietz to review what happens when the
notice is sent to a former owner. Dietz said the
notice is published in the newspapers however, Staff
has no _idea of who didn't receive the notices that
were. mailed out. . He said it was likely that a number
of the properties had a closing 'after the pending
City Council Minutes 75- September 15, 1987
assessment was put into effect . He noted that the
developer may have escrowed some funds to pay the
assessments .
Mary Raabe , 14193 Bedford Drive , said there are 16
separate units for garages and they have been atempt-
ing to identify who owns those . She said she would
like to defer this a week or two to determine the
ownership.
z
Peterson asked if that information would affect the
assessment . Dietz said the intention was to assess
only the residential units, not the garage units .
2 . Z .C . 52-01OD: Creek Crossing and Street Improvements
on Technology Dr. from Prairie Center Dr. to West of
Purgatory Creek
Dietz said this improvement was adopted at the Septem-
ber 8th meeting, but Mr. Feerick has requested that
the assessment on the portion of the property on the
north side of Technology Drive be deferred until
development . He called attention to the letter from
Mr. Feerick dated Septmeber 15th in which the defer-
ment request was made .
Dietz said this proposal would result in an assess-
ment for PID 15-116-22-11-0003 of $30,275 and a
deferment of $91 ,360 with interest until the construc-
tion of improvements , but in any event the final pay-
ment of the Special Assessment would be payable not
more than 30 years hereafter.
There were no comments from the audience .
3 . I .C . 52--035: Additional Sanitary Sewer, Water,
Storm Sewer and Street Improvements on Chestnut Drive
East of Anderson Lakes Parkway
Dietz said the assessments -for this project were
approved at the September 8th meeting.
4. I .C . 52-069: Storm Sewer" Improvements on Riverview
Road in the Bluffs West 1st, 2nd & 5th Additions
Dietz said this entire item was continued from the
October 8th meeting. He revieweda graphic depicting
properties included - in the assessment district and those
not included . For. the Brandt property, .he - said Staff
is proposing the 1/2 acre be assessed at $2 , 735 .30
with the balance of $21 ,663 .62 deferred until develop-
- ment or a five year maximum, with interest not to
. City Council Minutes -6- September 15 , 1987
1 exceed 50% of the principal . He said Staff is propos-
ing that 112 acre of the Laseski roperty be assessed
at $2. 735 .30 with the balance of 979, o4g .54 deferred
until development or a five -year maximum, with interest
not to exceed 50% of the principal.
Peterson asked why a five-year maximum is proposed .
Dietz said that seemed to be the direction the last
meeting was going, and Mrs . Laseski had said she could
not develop the property until 1990. Jullie noted a
that five years has been used in prior assessments .
t
There were no comments from the audience .
5 . I.C . 52-079: Street Paving on Crestwood. Terrace from
Dell Road to Pioneer Trail
6 . I .C . 52-094: Sanitary Sewer & Watermain Improvements
on Baker Rcad from 62nd Street to Roberts Drive
Dietz said both these projects were approved last
time .
7 . I .C . 52-096 : Sanitary Sewer, Vlatermain, Storm Sewer
and Street Improements in the Bluffs East 4th Addition
Dietz noted Exhibit A now includes the correct figures
in the column for the 1993 amount . He said the project
was approved at the last meeting.
8 . I .C . 52-097: Sidewalk, Sanitary Sewer, Watermain,
Storm Sewer and Street Improvements on Dell Road
and the Interior Street within- Wyndham Knolls
Dietz said this project was approved at the September
8th meeting.
9. I .C . 52-101 : Sanitary Sewer, Watermain, Storm Sewer
and Street Improvements on East and West Riverview
Dr. and within Bluffs West 5th Addition
Dietz noted that requests for some sort of relief
were received from the Blumis and Tom Brown. He said
Staff recommends that an amount equal to the amount
levied for sewer and water ($5 , 133 .92) be deferred
for each of those properties until 1993 .
There were no comments from the .audience .
10 . I .C . 52-102: Sidewalk, Bikeway, Storm Sewer & Street
Improvements on Dell Road and in Hidden Glen 3rd Addition
City Council Minutes -7- September 15, 1987
Dietz said this project was approved at the last
meeting.
11 . SUPPLEMENTALS
TRUNK SEWER & WATER
Dietz said Staff rechecked the area included in the
assessment of Mr . Rusic ' s property after Mr . Rusic
questioned the area included . He said the review k,
reduced the assessment to $11 ,560. He said Mr . Rusic
is satisfied that figure is correct . r
Dietz said the Brown and Bluml properties have been F
excluded for the five-year period .
f
He said James Brown had requested more information
about notification, Etc . He said PID 35-116-22-27- c
0007 is the underlying property for the Bluffs West
6th Addition. He said all information about the
assessment was transferred to Wally Hustad so that an
attempt was made to notify the responsible party .
James Brown, 11551 Riverview Road . reviewed the history
of the property .
Peterson asked if he was objecting to the assessments .
Brown said they are not objecting but feel they should
have some relief for the two years while the City was
deciding whether to purchase the property . Peterson
said he would suggest Mr . Brown submit a written re-
quest to the Council to consider such relief .
REASSESSMENT OF CHATHAM WOODS
Dietz said the entire reassessment of Chatham Woods
was continued . He said there were two questions
raised . The first question was that the purchasers
received different information from the County . He
said the County was aware that we are to be paid these
assessments one year at a time and would receive 90%
of each year' s payment on that contract to retire the
Special Assessment .
Dietz said the other question was whether the interest
should be 12% or 8%. He said all the original parcels
paid 12%. City Attorney Pauly noted there is no cap
on the interest rate now . A' discussion followed re-
garding the proper interest rate tor' the assessment .-
There were no comments from the audience.
City Council Minutes -8- September 15 , 1987
MOTION: Bentley moved, seconded by Anderson, to
close the Public Hearing and to adopt Resolution No .
87-254 with changes indicated according to Exhibit A .
Motion carried unanimously .
D. Vacation of Drainage and Utility Easements over part of
Lots 1 and 3 , Block 1 , Prairie View Center located north
of Highway No . and east of Prairie Center Drive Resolu-
tion No - 7-25
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 is basically a
housekeeping item.
There were no comments from the audience .
MOTION: Bentley moved, seconded by Harris , to close the
Public Hearing and to adopt Resolution No . 87-258, vacation
of Drainage and Utility Easements on Lots 1 & 3 : Block 1 , t
Prairie View Center . Motion carried unanimously .
V . PAYMENT OF CLAIMS NOS . 37202
MOTION: Bentley moved , seconded by Anderson, to approve the f
Payment of Claims Nos . 37202 - 37538 • Roll call vote: Anderson.
Bentley, Harris , Pidcock and Peterson voted "aye . " Motion
carried unanimously.
VI . ORDINANCES & RESOLUTIONS
There were none. y
VII . PETITIONSA REQUESTS & COMMUNICATIONS
A . Request from Beijing II Inc .
- 1
City Manager Jullie referred to the letter of August 5 ,
1987 from Mel Kurnow of Beijing II Inc . which requested
the Council to consider amending the City Code to allow
the serving of strong beer at restaurants that now serve
wine and 3 .2 beer in order to be consistent with the
Minnesota State statute . Jullie said he had discussed
this with Public Safety staff and they have no objection.
MOTION: Anderson moved , seconded by Harris , to refer- this
to Staff for the purpose of preparing an ordinance to
amend the City Code .
Bentley suggested that any such amendment should contain
a provision whereby the owner of such establishment must
indicate to the patrons that they are serving strong beer.
A discussion followed regarding such a provision.
City Council Minutes. -9- September 15 . 19817
VOTE ON THE MOTION: Motion carried unanimously .
B . Request from Olympic Hills for a Grading Permit
City Manager Jullie said Olympic Hills Golf Course suf-
fered some major damage because of standing water. He
said they want to change some of the fairways to raise
them up out of the floodplain .
Director of Public Works Dieu said they are planning
to regrade three holes . The material would all come
from within the golf course . He said the regrading of
two of the holes will require approval by the Watershed
i
District . s
MOTION: Pidcock moved , seconded by Bentley, to approve
the request of Olympic Hills for regrading of the fair-
ways . Motion carried unanimously.
IX . APPOTNTMENTS 4
A . Appointment of Doug Fell to Light Rail Transit Advisory
Commission
a
MOTION: Pidcock moved , seconded by Harris , to appoint
Mr. Doug Fell to the Light Rail Transit Advisory Commis-
sion . Motion carried unanimously.
A discussion followed regarding light rail transit and
the advisory commission.
X . REPORTS OF OFFICERS. BOARDS & COMMISSIONS
A . Reports of Council Members
1 . Set S ecial Cit Council meeting for Tuesday, Septem-
ber 22 , 19 7 , 7 :30 PM. to consider the City Budget
MOTION: Pidcock moved, seconded by Anderson, to
set a Special City Council meeting for Tuesday,
September 22 , 1987 at 7:30 PM to consider the City
Budget . Motion carried unanimously .
B . Report of City Manager
I . Award Contract for construction of Fire Stations
Continued from September 1 .
City Manager Jullie reviewed the Staff memo of Sep
teMber 15 , 1987 on the bids for fire station construc-
tion .
City Council Minutes -10- September 15.. 198?
MOTION: Bentley moved; seconded by Anderson, to
accept the Staff recommendation to reject all bids
and authorize preparation of revised plans and speci-
fications and advertisement for bids, as outlined in
Alternative 6 of the memo . Motion carried unanimously .
2 . Scheduling for Strategic Planning
City Manager Jullie referred to the Staff memo of
September 10, 1987 which presented a proposed Strategic
r
Plan Schedule .
After discussion of the proposed schedule and Council-
member' s own schedules, the consensus was to return to
Staff for alternate dates .
C . Report of City Attorney
There was no report .
D . Report of Director of Planning
There was none .
t
E. Report of Director of Community Services
1 . Request from Stan Tekiela
T� Y
Director of Community Services Lambert reviewed his
memo of August 11 , 1987 with the attached request
from Stan Tekiela that the Parks, Recreation & Natural
Resources Commission and the City Council consider z
asking the County to donate to the City a 34 .08 acre
parcel of land off Birch Island Road for an addition
to Birch Island Park.
Lambert said Mr . Tekiela hopes that such an action
would decrease the practice of dumping trash there .
He said the Parks Commission reviewed this and recom-
mended approval. .
Anderson said he concurs with that recommendation and
noted that parcel contains unique hardwoods .
MOTION: Anderson moved , seconded by Bentley, to
direct Staff to prepare a formal request to the
County for consideration of transfer of ownership
of the parcel to the City for park purposes .
Peterson asked if acquiring this parcel would result
in considerable additional maintenance costs . Lambert
City Council Minutes -11- September 15, 1987
said he didn ' t think so as we are now hauling out
the trash that is dumped there .
VOTE ON THE MOTION: Motion carried unanimously.
2 . Request to approve plans and specifications and to
authorize advertisement for bids for Community Center
partial repair
Referring to his memo of September 10, 1987 . Director
of Community Services Lambert said Staff is concerned
over going through another winter with the condition
of the Community Center because of the damage from
water coming through the walls . He said the plans and
specifications for repairs have been prepared and they
are ready to go out for bids .
Wally Daniels, Architect from Setter, Leach & Lindstrom,
reviewed the plans and specifications for the repairs .
He said the estimated cost for the first phase repair
is $340, 000 for brick and $325 , 000 for block, plus
$65, 000 for architectural fees .
Mr. Daniels noted that only the outside layer of block
will need to be replaced . He said painting of the
inside walls will require the pool to be shut down
and drained and they are proposing November 2 - 23
as the dates for that repair .
Peterson asked if Daniels was proposing the use of
block and not brick . Daniels said the base bid is for
all concrete block in order that the repair not be
considered an improvement in Tight of the current
litigation.
MOTION: Bentley moved, seconded by Anderson, to
approve the plans and specifications and to authorize
advertisement for bids for partial repair of the
Community Center.
Pidcock asked why we are trying concrete block again
when we had so much trouble with it the first time.
Daniels said the existing concrete block is a light-
weight concrete block and that caused the problems.
Lambert noted that light-weight concrete block is
generally used for interior walls and standard weight 4
for exterior. He said the bid is for standard con-
crete block or an alternate which would be brick.
City Council Minutes -12- September 15, 1987
Peterson noted that we will get bids for block and
for the alternate of brick and will then select one .
Lambert said we need the block bid in order to have
an actual cost for our litigation.
s
VOTE ON THE MOTION: Motion carried unanimously.
XI . NEW BUSINESS
There was none.
XII . ADJOURNMENT
MOTION: Bentley moved , seconded by Anderson, to adjourn the
meeting at 9:20 PM. Motion carried unanimously.
e