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HomeMy WebLinkAboutCity Council - 04/03/1979 E APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL ;UESDAY, APRIL 3, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Sidney Pauly, Paul Redpath and Dave Osterholt COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie; Finance Director John Frane, Director of Community Services Bob Lambert; and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE � ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Council agenda: A. Public Relations to be added as item IX. A. under New Business B. Setting of a Public Hear6g for May 1 , 1979 for a notice of intent to amend t e Urban Hennepin County Community Development Block Grant for Year III and IV and to establish a multi-year project titled the Senior Citizen Center on Staring Lake as item D on the Consent Calendar C. Items to be added under item VIII . A. Reports of Council Members - 1. Guide Plan (Mayor Penzel ) 2. Valley View Road (Mayor Penzel ) 3. City Hall Open House (Mayor Penzel ) 4. Cable TV (Councilman Redpath) 5. Invitation. from South Hennepin Human Services Council (Council- woman Pauly 6. Highway #212 (Councilwoman Pauly) 7. Billboards (Councilman Osterholt) 8. Hazardous-Waste (Councilman Edstrom) MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. Council Minutes - 2 - Tues. ,Apri 1 3, 1979 II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 1979 Pg. 4, under item A. 2. , 1st line, strike "McCuen , Baywood Terrace" and insert in lieu thereof "Brust, 16830 Duck Lake Trail"; in the same para. , last line, _ after "solution," insert the following: "Mr. McKewan, 16730 Baywood Terrace, sent a letter expressing his concern and opposition" . Pg. 7, lst para. , last line, strike "development" and insert in lieu thereof "dedication". MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the March 20, 1979 -Council meeting as amended and published. Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt "abstained". Motion carried. - III . CONSENT CALENDAR A. Clerk's License List B. Request to set Meadow Park Public Hearing for May 1 , 1979 C. Receive 100% petition and order improvements for Hi 's Mitchell Heights 4th Addition, I .C_ 51-353 Resolution No. 79-65 D. Setting of a Public Hearing for May 1 , 1979 for a notice of in'tent to amend the Urban Hennepin Count CommunityDevelopment Block Grnt for Year III an IV and to establish a multi-year project titled the Senior Citizen Center on Staring Lake MOTION: Edstrom moved, seconded by Osterholt to adopt items A - D on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Super Valu Shopping Center at County Road 18JAnderson Lakes Parkway, request to preliminary plat and rezone from Rural to C-Commercial , 10 acres located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 continued from March 6, 1979 Resolution No. 79-22 and Ordinance No. 79-01 City Manager Ulstad explained the proponents are present to outline the progress, if any, that has occurred since the March 6th Council meeting. City Engineer Jullie stated he has had several conversations with the City of Bloomington's staff and Hennepin County's staff within the last few days, and have looked at different alignments for the proposed intersection improvements. The proponents have engaged an engineer to look at some fairly detailed designs of the various alternatives which were also reviewed with the City of Bloomington. At this point we do not have an agreement with Bloomington as to where the intersection improvements should occur. Jullie further commented that the Hennepin County staff remains non-committal and are requesting the two communities (Bloomington and Eden Prairie) to come to a common agreement before they will proceed with the intersection improvements. Jim Benshoo, Traffic Engineer with BRW, who has been retained by The Preserve, f outlined the 4 alternatives as outlined in communication from Bill Bale, legal counsel for The Preserve, dated March 28, 1979. . (Letter attached as part of minutes) Council Minutes - 3 - Tues. ,April 3, 1979 A. Super Valu Shopping Center (continued) £dstrom asked if Bloomington would not cooperate on Alternate #3, would Eden Prairie be left to its own devices. Jullie responded the County could sttll possibly participate if they determined it was a safety improvement that had to be done without Bloomington's participation, however they haven't come tQ thot point yet. At the request of Mayor Penzel , Jim Ryan, Ryan Construction Company, displayed graphics of the design of the center with modi_ficati,ons that have been made Bill Bale, legal counsel for The Preserve, spoke to the effort The Preserve has made to keep people in the area informed, ire, , 1) when they were before the Council on Garrison Forest 2nd Addition, the Council passed a resolution requiring they sign this property as possible non-residential use, and this was done pursuant to their rezoning agreement in an effort to not mislead anybody and to keep everybody fully informed as possible as to the what might happen, 2) The Preserve ran a post card survey to try and feel out opinion in the area which the Council has been advised of, and 3) The Preserve had a public meeting in the Community Center after sending a letter to the residents in the area the middle of last year so that they could come in and mace comments with the architect present. Osterholt requested a clear definftion of the dollar amounts that have been suggested that the developer is willing to pay for road improvements in the i intersection. Bale replied Super Valu is prepared to contribute $70,000 to the interchange and the signing, and The Preserve is prepared to come up with the remaininq money necessary to put the signals in that Bloomington is scheduled to pay for. The one major improvement that he has heard needs to be made is lowering of the hill north of the intersection of County Road 18 where the intersection would be, and Mr. Bale stated that is a Hennepin County highway expense that The Preserve is prepared to incur and pay for. Benshoo commented Alternate #3 is exactly the same as the County's plan, the only difference there would be no construction on Pmsden Road on the Bloomington side. John Wolcott, 9508 Garrison Way, expressed opposition to the proposal and stated he went down to Hennepin County and researched some of the same things BRW has researched and got a little bit different idea as to what Hennepin County and Bloomington feel are alternatives. Bill Steinbicker, 9152 Neill Lake Road, expressed his opposition to the proposal commenting he would like to see the area remain natural or developed as previously planned. Feels Bloomington does have a stake in this and probably should be a part of developing this intersection and widening the road. Mr. Steinbicker also spoke to the fact that Anderson Lakes Parkway is used by many residents of The Preserve for jogging, walking and bicycling. Believes it is essential that some plan be made to provide a bicycling path, walking path, etc. , along Anderson Lakes Parkway because as traffic increases it is going to become more dangerous than it is now. Steinbicker also expressed concern about the trail connection on the southern end. Pat Cassidy, 10600 Northmark Drive, and Rita Olson, 9408 Clubhouse Road, spoke in favor of the proposed Super Valu Shopping Center. Joe Duffy, 9440 Clubhouse Road, stated he went out and talked to people in his area to get their ideas and all 40 people he talked to were in favor of the proposal , including himself. rr Y ------------ ^t Council Minutes - 4 - Tues. April 3, 1979 a A. Super Valu Shopping Center (continued) Mr. Bale responded to a request from the audience as to the results of the J survey taken by The Preserve: 700 mailings went out, 338 responses were received, of the responses received, 233 were in favor and 105 against. There was a 48% return on the mailing. Results broken down were as follows: Westwind - 24 yes, 9 no; Trails - 19 yes, 19 no; Highpoint - 23 yes, 15 no; Ridgewood - 16 yes, 4 no; Garrison Forest - 8 yes, 10 no; Northma rk - 9 yes, 6 no; Basswoods - 12 yes, 4 no; Northmark II - 30 yes, 17 no; Amsden. Hills - 16 yes, 6 no; Windslope - 50 yes, 6 no; Windsor - 20 yes, 9 no, and others - 6 yes. Linda Flavin, 9360 County Road 18, and Mrs. Dinham, 9310 Overlook Trail ; stated they did not receive a survey card and felt they should have as they live close to the proposed site. Jullie explained the County had two different methods of constructing the intersection, one was total reconstruction which had a total construction cost of $136,400:00, and the other method of construction was widening and overlaying the existing surface at a cost of $109,400. 00. Under each method the City' s share was about $38,600.00, Bloomington's share was about $20,400, and the County was picking up the additional amount, not including any engineering fees, just raw construction, nor cutting down of the site distance problem to the north of the present intersection, but would include signalization. The County did subsequently revise their plan, but we have not received any cost estimates. Penzel questioned what if the County maintains its position that it will require concurrence of both municipalities or it will not participate, leaving us short in the neighborhood of $80,000 to $85,000, namely the County's share. Bale commented under that circumstance The Preserve would have to back off on that much of an investment on the roadway as it would go beyond the equities of the transaction. Fred Shuberg, 9405 Garrison Way, asked what the distance was from the west access to the shopping center and Garrison Way? Mr. Benshoo responded approximately 50 to 100 feet between the two intersections. Mr. Shuberg felt the distance to be totally inadequate making vision very limited. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on the Super Valu Shopping Center proposal . Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-22, approving the preliminary plat for Super Valu Center subject to the recommendations of the Staff Report and Commission reports, and to withhold any action on a final plat until such time as the traffic safety problems at the intersection of Anderson Lakes Parkway and County Road 18 have been resolved. Council members suggested that the County Commissioners also be contacted regarding this request. Osterholt stated the problem he has is that an approval of the resolution is essentially the City going on record officially in favor of the project, and if these other matters don' t work out you are going to have a hard time saying that is the reason for not granting rezoning. Suggested another solution by reopening the Public Hearing and continuing the Public Hearing, and then directing Staff to go to the County and say we direct you to make these maintenance improvements and let them come back and say "yes" they will or "no" they won' t, then you have no commitment of the City having made any decision on the resolution. Feels that is the better means of pursuing this matter, if that i c t ha nvprri d i nn rnnrorn of thp. Crt.�►nni._l Council Minutes - 5 - Tues. ,April 3, 1979 A. Super Valu Shopping Center (continued) City Attorney Pauly explained he feels the record is clEar that the question of traffic and control of that traffic is a very important consideration for the Council and his view is that the suggested motion does not reflect that the Council feels the problem has been resolved. For that reason , Pauly stated, if the problem is not solved the City should be free not to give final approval to the plat as it is expressly being stated as a condition, and he does not see how the preliminary plat approval would create an implication of final plat approval of that use and would not view it as setting a precedent of the type of use expected, only in the event that the condition is met. Osterholt further commented if the action under consideration is approved he feels it does put the City in a position of having gone on record as saying this type of development is ok, but we would like to have certain things happen with regard to the traffic pattern. Osterholt pointed out a more critical problem in his opinion is to have so many homes that close to the project. Bill Bala stated the proponent would ho agronahlo to sinning an agreement saying there would be no precedent set. Councilwoman Pauly gave the following reasons for being supportive of the proposal : Staff recommendations and Planning Commission recommendations for approval , the guide plan does call for these four community commercial centers, the fact that the corner was signed before the hones were built and it already ' has the PUD approval for high density multiple,a lot of the people in The Preserve and in the area want the center, signalization and improvements at the intersection will be at a much less cost than they would otherwise be, and Mr. Bale's commitment to sign an agreement this would not set a precedent. Edstrom explained he supports the concept and feels resolution of the immediate problems at the intersection is essential for whatever the City intends to . do with the parcel . That type of facility is needed in this area of Eden Prairie to serve the existing residents and future residents. Assuming transportation problems can be worked out at the intersection, it does -make sense from a transportation standpoint to put a center on County Road 18 and Anderson Lakes Parkway. Penzel commented modification should be made to allow for adequate spacing between Garrison Way and the rear entrance (the western most entrance of the center) as it is totally inadequate. Penzel acknowledged before he is willing to proceed with this proposal the question of the intersection has to be resolved. Redpath called the question. Motion to include language suggested by City Attorney and agreement to be signed by The Preserve that there would be no precedent set. Motion restated as follows: MOTION: Redpath moved. seconded by Edstrom, to adopt Resolution No. 79-22, approving the preliminary plat for Super Vale. Center subject to the recommenda- tions of the Staff Report and Commission reports, to withhold any action on a final plat until such time as the traffic safety problems at the intersection of Anderson Lakes Parkway and County Road 18 have been resolved, approval of the preliminary plat would neither expressly or impiiedly indicate any affirmative action on the part of the City to contribute any costs to the intersection at this time, and contingent on receiving a signed agreement from The Preserve stating no precedent would be set, Redpath, Edstrom and Pauly voted "aye", Osterholt and Penzel voted "nay", Motion carried, f Council Minutes - 6 - Tues. ,April 3, 1979 A. Suer Vaiu Shopping Center (continued) MOTION: Redpath moved, seconded by Edstrom, to reopen the Public Hearing and continue the matter until May 1 , 1979. Redpath, Edstrom, Pauly and Penzel voted "aye" , Osterholt voted "nay". Motion carried. Council directed staff to send notices to the neighborhood informing them of the meeting on May 1 , 1979. B. United Methodist Church, request to rezone .9 acre from Public to R1-22 of an existing home at 15150 Scenic Heights Road Ordinance No. 79-06 Tim Pierce was present representing the proponent. MOTION: Osterholt moved, seconded oy Edstrom, to close the Public Hearing and give a 1st Reading to. Ordinance No. 79-06, rezoning .9 acre from Public to R1-22 of an existing home at 15150 Scenic Heights Road for United Methodist Church. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer' s agreement incorpurating recommendations in the Staff Report dated February 22, 1979, and Planning Commission recommendations dated February 26, 1979. Motion carried unanimously. C. Outlot A, Crestwood 73 by Alex Dorenkemper & Richard Wilson, request to y rezone 2. 17 acres from Rural to R1-22 and preliminary plat approval for 3 -lots. Located north of Dell Drive and East of 9659 Dell Drive Resolution No. 79-62 and Ordinance No. 79-07) Mr. Dorenkemper spoke to hisproposal a� u p outlined in communication dated January 26, 1979, and answered questions of Council members. City Planner Enger spoke' to .the Planning Commission's recommendation for denial at meeting held February 26, 1979, and to the Staff Report dated February 22, 1979. General discussion took place regardinq this proposal and the past history of the property involved and on what basis the building permit was issued back in 1973. Edstrom stated he would like to have a clarification of the basis on which the building permit was issued before making a decision on how to vote on this matter. MOTION: Osterholt moved, seconded by Redpath, to continue the Public Hearing on Outlot A, Crestwood 73 by Alex Dorenkemper, to the April 7, 1979 Council meeting. Motion carried unanimously. D. Cardinal Creek by Cardinal Creek Associates, request for PUD Development approval , rezoning from Rural to R1-13. 5 for 53 acres, prelinina��lat approval of 58 lots, and approval of Envirionmental Assessment Worksheet (Resolution No. 79-6U, approving the preliminary plat; Ordinance No. 79-05, rezoning from Rural to R1-•13. 5; and Resolution No. 79-61 , approving the E.A.W. ) Billy Bye, Cardinal Creek Associates, spoke to the proposal as outlined in brochure (on file at City Hall ). Mr. Bye introduced Greg Gustafson, legal counsel for Cardinal Creek Associates, and Bruce Knutson, landscape architect, who displayed graphics illustrating the project on behalf of the proponents. Council Minu es - 7 - Tues. .Apri1 3. 1979 D, Cardinal Creek by Cardinal Creek Associates (continued) City Planner Enger explained this item was recommended for approval by the Planning Commission at their 2/26/79 meeting, and also by the Parks, Recreation & Natural Resources meeting of March 19, 1979. Russell Marsh commented he looks forward to the day there will be open water in that portion of property which was originally referred to as a lake. MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-60, approving the preliminary plat for Cardinal Creek. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to give a 1st Reading to Ordinance No. 79-05, rezoning from Rural to R1 -13. 5 for 53 acres for Cardinal Creek. Motion carried unanimously. S MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Commission ; from their meeting held 2/26/79, the Parks, Recreation & Natural Resources Commission.-held March 19, 1979, Staff Report dated February 21 , 1979, and to include a provision for a drainage easement. Motion carried unanimously, MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-61 , finding the Environmental Assessment Worksheet for Cardinal Creek a private action does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to continue past the 11 :30 PM scheduled adjourn- �ent time. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS A. Flying Cloud Advisory Commission - Chairperson Sally Brown s Sally Brown, Chairperson of the Flying Cloud Airport Advisory Commission, spoke to the action taken by the Commission at their March 23rd meeting whereby the Commission recommended approval of the extension of the southern airport runway. Chairperson Brown announced the two upcoming meetings: 1) April 18, 7:00 PM at the Fire Station on Highway #5 and Mitchell Road for the purpose of an Open House/Information Meeting, and 2) the Public Hearing to be held by the Metropolitan Airports Commission on April 19, 7:30 PM at the Vo-Tech for consideration of the southern runway at Flying Cloud. Brown explained the Commission would like to meet with the Council to discuss this item at a joint meeting and the Commission would prefer either April .4th, 5th, llth or 12th. i MOTION: Osterholt moved, seconded by Redpath, to meet with the Flying Cloud Airport. Advisory Commission preferably on April 17 at 6:00 PM before the regularly scheduled Council meeting , or April 12th at 7:30 PM as an alternate. Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Timothy Gagner for preliminary plat approval of 3 lots zoned R1-22 to be called Alpine Estates 2nd Addition Resolution No. 79 Mayor Penzel spoke to Mr. Gagner communication requesting that his request be withdrawn from consideration at this time, Council members concurred with Mr. Gagner' s request. c.ounciI Minutes - 6 - Tues. ,April 3, 1979 B. Request for approval of Round Lake Estates Second Addition Developer's i Agreement Mr. Eliason spoke to the changes he has requested which were submitted to the j' Council for consideration. ` City Attorney Pauly requested a change in item 9.C. , 3rd line, strike "southerly" and insert in lieu thereof "northerly". i Councilwoman Pauly felt the City should protect the pond shown on Exhibit B, lot 1 , by placing a restriction on that lot. Mayor Penzel explained this item i. could be discussed at the time the Council considers the final plat approval for Round Lake Estates Second Addition (item VIII.E.1 ). MOTION: Redpath moved, seconded by Osterholt, to approve the Round Lake Estates Second Addition developer's agreement with the amendment on item A.C. ,3rd line, by striking "southerly" and inserting in lieu thereof "northerly" , not to include the 3 changes requested by Mr. Eliason. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. 2nd Readi nd' of Ordinance No. 79-03, rezoning 40 acres from Rural to R1-13.5 for 59 single family lots, Chatham Wood by Toma Development, and developer' s 2reement MOTION: Edstrom moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-03, rezoning 40 acres from Rural to R1-13.5 for 59 single family lots for Chatham Wood by Toma Development. Motion carried unanimously. Penzel requested that the notations on the developer's agreement be initialed on page 4. MOTION: Edstrom moved, seconded by Redpath, to approve the developer's agreement for Chatham Wood with the proviso that the handwritten notations on page 4 be initialed. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Councilwoman Pauly reported on two items: A) invitation which will be orthcoming in the mail for Council members to attend the next meeting of the South Hennepin Human Services Council on April 18th at the Eden Prairie City Hall , and B) Pauly requested approval of the Council to appear before the Metropolitan Airports Commission to- alert them to the fact that Highway #212 is going to be before Eden Prairie and we will be having a Public Hearing, which does affect Flying Cloud Airport and the status of Highway #169. Council members approved of Councilwoman Pauly's request. 2. Councilman Redpath reported on the recent Cable TV meeting he attended, noting that Eden Prairie has to go along with the joint powers or Eden Prairie will not have Cable TV. Redpath explained that Eden Prairie is no further behind than any other community - at least we do have our advisory commission appointed which will have a first meeting on April loth. 3. Moor Penzel reported on several items: A) letters ready to go on Highway #212 to the various legislators and invited Council members to co-sign same if they so desire, B) Penzel commented he would like to have an open house in May both to allow the public to see the new City Hall addition and to visit the new fire stations, C) Suggested renaming ' Council Minutes - 4 - Tues. ,April 3, 1979 3. "Mayor Penzel (continued) a new section of Valley View Road between Highway #169 and where the new Menard's addition would take off because it is going to be part of Schooner Boulevard (Penzel requested Staff have this item on the agenda as soon as possible), D) hequested Staff to have the guide plan to the Council for a Public Hearing as all of the commissions have made their recommendations on the Guide Plan. 4. Councilman Osterholt spoke to request he previously made on some billboards and asked the status of same. City Manager Ulstad explained he is s pursuing this matter at the present time, and has asked the Naegele Company to remove the sign on Highway #169 and also removal of the semi- trailer. ( 5. Councilman Edstrom referred to meeting notice from the Solid and Hazardous Waste .Committee of the Legislature and questionehif at this point the Council felt he should still testify. Council members encouraged Edstrom to attend and reiterate the City' s position. B. Report of City Manager. City Manager Ulstad requested Finance Director Frane to report on an item which wild be discussed at the Joint City Council/Development Commission meeting on April llth at 7:00 AM. Frane explained there have been some recent developments in industrial revenue bonds for housing. The Commissioner of Securities is again approving MIDB's for housing. The Legislature at the present time is considering a bill which would eliminate housing from the MIDB section. It is very likely in conjunction with the elimination, they will set some time that those applications or projects could proceed. The Council may want to consider the adoption of a resolution granting preliminary approval to an organization so we would have such an instrument in hand should we consider it necessary. The Commission will discuss same with the Council on April llth. C. Report of City Attorney 1. Metropolitan Waste Control Commission Bill City Attorney Pauly spoke to memorandum dated March 29, 1979, and the proposal made by Staff on May 23, 1978. , MOTION: Redpath moved, seconded by Edstrom, to submit the proposed set-wlement for repayment of the deferred cost for the reserve capacity and the.metropolitan sewer interceptor and treatment works. Roll Call Vote:. Redpath, Edstrom, Osterholt, Pauly and Penzel voted "aye Motion carried unanimously. D. Report of Director of Conxnuni ty Services 1. Park Dedication Ordinance i Council suggested fees should be included in the Fee Ordinance, and typos on page 2 should be corrected. i MOTION: Pauly moved, seconded by Osterholt, to instruct Staff to prepare the final Park Dedication Ordinance to be before the Council on April 17. Pauly, Osterholt, Edstrom and Menzel voted ►►ava►► Aor nnf•h %iM•nrl ►'r+aa" Mntinn I-arw$pd Council Minutes - 10 - Tues, ,April 3, 1979 f 2. Removal of Net tt HouseT- Preserve Park 1 MOTION: Edstrom moved, seconded by Redpath, to authorize Staff to remove the Nesbitt House. Motion carried unanimously. 3. Bryant Lake and Riley Lake Fees Lambert explained the recommendation is that the only fee would be $1 .50 for parking for non-residents. MOTION: Redpath moved, seconded by Edstrom, to adopt the park fees as recommended by the Parks, Recreation & Natural Resources Commission and Staff in memo dated March 13, 1979. Motion carried unanimously. 4. Tennis Court -loin; Use Agreement Osterholt questioned why the City and School District should both carry- insurance, and what is the cost of sane? Lambert stated he would look into this matter. MOTION: Redpath moved, seconded by.Osterholt, to authorize the Mayor and City Manager to sign the Tennis Court Joint Use Agreement with the addition of Section 6.5 as recommended by the City Attorney. Motion carried unanimously. 5. Request for Approval of Resolution on CDBG Funds Director of Community Services Lambert requested Council consider approval of Resolution No. 79-64 with one amendment as follows : Remove the $1 ,000.00 transfer from Edenvale Park Year 3 and add it to the $10,500.00, making it $11 ,500.00, transfer from Edenvale Park Year 4. MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-64 as amended, approving transfer of Community Development Block Grant Funds to Year Four of The Preserve Park Fund. Motion carried unanimously. E. Mort of City Engineer 1. Final plat approval for Round Lake Estates Second Addition (Resolution No. 79-66 MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-66, approving the final plat approval for Round Lake Estates Second Addition, Councilwoman Pauly questioned if this motion includes placing a restriction on lot 1 . Osterholt replied in the negative. VOTE ON MOTION: Osterholt, Redpath, Edstrom and Penzel voted "aye", Pauly voted "nay". Motion carried, F. Report of Finance Director 1. Payment of Claims Nos. 3675 - 3810 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 3675 - 3810. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye", Pauly abstained. Motion carried. _sr Council Minutes - 11 - Tues. ,April 3, 1979 IX. NEW BUSTNESS A. Public Relations - Councilwoman Pauly brought up a recent letter which appeared in the Eden Prairie News, and general discussion took place regarding articles which appear in the paper. Dick Dahl , Eden Prairie News, took part in the discussion. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 12:40 AM. Motion carried unanimously. AF - 1ANS1 OP AND BALE' . Ud. LAW OFFICES tics cc��xi atic>+x.c•ti:, .« ,�.. M,nr.POlh"ills M,n t'S:)tU JJ•1;,: MAR ✓ 979 k'f�=l?tKr,t'•33ri Fi�j•i(. l.�r•(2 C,1,-' �,, i I E March 28 , 1979 i I Mr. Wolfgang Penzel - Mayor , Mr. Paul Redpath Mr. Dean Edstrom Mrs . Sidney Pauly Mr. David Osterholt - Council Members 1 iicui ::—.''oT" and ::otIZ1C1: iAi A%:+�`+ rJ : 7"his letter is written on behalf of The Preserve in 1 connection with the proposal by Super Valu Stores to construct f a shopping center upon approximately ten acres of land at 1 the intersection of Anderson Lakes Parkway and County Road 18 . As you are all aware, this matter has been before the � t Council and has been continued for reconsideration to Tuesc.ay, April 3 . Enclosed you will find four_ sheets of drawings of the lanr_i in question at the intersection of County Road 18 and i Anderson Lakes Parkway , these four drawings prepared by the engineering firm of F iF W at the request and cost of The � Preserve and titled Short Range Aiternate 1 , Short Range Alternate 2 , Short Rarige Alt:ernatc, 3 and Lang Range Plan. A discussion of the Plans follows, all of this engineering j war}: and discussion being for the. purpose, of informing you, as Counc.i ll members , prior to the scheduled :meeting on Tuesday, Apr i 1 3. SHORT RANGE ALTERNATE 1 1 � This temporary solution is acceptable to Hennepin County and , we understand, with the staff of the City of Eden Prairie. It permits the utilization of the site by � Supc-!r Valu and requires the agreement of the City of Bloomington for the connection of the Bloomington Ferry Road to County i Road 18. The work contemplated under this plan involves lowering the hill to the north of the intersection on County i Road 18, reconstructing the four-way intersections so that there are four laries on all roads approaching the intersection, installing of signals and cul de sating Amsden Road where it lies in the City of *33ooruington. This solution is the most (1 W,7MCr M 60 o1 CUt„c00 A.rin R.;Mf) wcpyno I i 0ho ► &Jsorl J 'h-VInowl Wd1K2rn G Bale W-c-11 Did J C;..V wl 0rr3:iNon 09 CO MSEL C►xrivs A Sns;.!U(J.,1 Do'J:y P Kr< i o; ,o,-.k A ',;;sc lw.d M Folk 1 �.��w2J 8(�mV C.�t7!•C '�`.�sr,-r i+:C:+dc)!R $c+►;;r R;cttc,>tdi lultxw s 2 Mr. Wolfgang Penzel Mr. Paul Redpath t Mr. Dean Edstrom Mr. Sidney Pauly Mr. David Osterholt Page 2 March 28 , 1979 direct but requires the immediate cooperation of the City of Bloomington to be effected as shown and requires the immediate taking of the residence known as 9201 County Road 18 , which immediate taking may not be preferred by the City of Bloomington. SHORT RANGE. ALTERNATE 2 This sheet represents what They Preserve and BRW understand to be Bloomington ' s preferred temporary solution. It avoids the necessity of an immediate taking of the residence referred to above and because of the location of the intersection 1 south of the existing intersection, may not require the lowering of the hill referred to above. It should be noted that the lowering of the hill would not be the obligation of either_ municipality but instead the obligation of Hennepin County, which obligation Hennepin County is willing to assume. The principal disadvantages of this temporary f solution are: ( 1 ) it requires the construction of a great deal of four-lane road which later would be abandoned , (2) the construction involves a very tight turn situation in the City of Eden Prairic thereby reducing the flow of traffic in i what is understood to be a somewhat congested area, ( 3 ,' it destroys the usability of The Preserve site during probably the next ten years, as proposed to be used by Super Valu; and (4 ) as a consequence to the foregoing , the contribution to signalling by Super Valu of $ 70 , 000 plus would not be realized by either municipality or Hennepin County. In conclusion , this is obviously not a cheap temporary solution from the paint of view of increased road construction costs , 3oss of signalling funding and loss of development of the Super Valu site. SHORT RANGF. ALTERNATE 3 This proposal permits the City of Eden Prairie to move ahead without the immediate cooperation of the City of. Bloomington, without prejudicing the rights of Bloomington to move ahead on its own schedule, at the lowest possible cost, and without in any way prejudicing the upgrading of County Road 18 should the City of Eden Prairie and the City of. Bloomington so agree to that upgrading in the future . c' a 1 E Mr . Wolfgang Penzel Mr . Paul Redpath m Mr. Dean Edstrom Mr. Sidney Pauly Air. David Osterholt Page 3 March 28 , 1979 ( I I The work involved under this proposal would he to widen � f Anderson Lakes Parkway as it intersects with County Load 18 , to widen County Road 18 on the Eden Prairie side so to permit easy on and easy off at the intersection, and the ( installation of signals at this intersection. i � n Amsden Road (in Bloomington ) need not be upgraded or closed because of the low traffic . The traffic pattern from the east tc west would flow along Veness Road and across the temporary gravel connection. to County Road 18 . The intersection of the temporary graver connection to County Road IS would not require signalization because of its long distance from the hill to the north of the intersection under consideration, 1 and in connection with the actual signalization of the intersection, Super Valu is again prepared to pay $70 , 000 plus towards the cost of this traffic control . This proposal has the advantage of permi-tting the immediat in upgrading of the intersection On the City of Eden Prairie side, the signalization of `Ile intersection, the continuation of the traffic flow in a safe manner from Bloomington to County Road 1S across the temporary gravel connection, the development of the Super Valu site, and all of this at a relatively low cost. I IONG RANGE ALTERNATE PLANS Assuming the City of. Eden Prairie would approve Short Range Alternate 3, or in cooperation with the City of. Bloomington, } Short Range Alternate 1 , both such proposals would be consistent, acceptable to the Hennepin County Highway Department and permit the expansion of County Road 18 to either arterial or freeway standards at a later date . No drawing is submitted with this letter for the arterial alternate plan since it � would be just an extension of the work done as shown on Short Range Alternate 1 enclosed. The Long Range Plan attached shows how a .freeway interchange might be constructed if approved by the ' City of Eden Prairie and the City of Bloomington. The Long Range Plan enclosed would contemplate signalling at the off :ramp in the City of Bloomington and at the off ramp at the City of Eden Prairie (opposite the Super f f .�g d Mr. Wolfgang Penzel Mr. Paul Redpath ►` Mr. Dean Edstrom ! tt Mr. Sidney Pauly I Mr. David Osterholt Page 4 March 28 , 1979 Valu store ) and would contemplate that Old County Road I8 f would become the service .road as shown by the flow of traffic design next to parking on the Super Valu site. RESIDENT OPINION POLLS The City Council has received petitions both for and against the development of the Super Valu site and the following information is simply to emphasize those petitions with which The Preserve is familiar. i The City Manager, Roger Ulstad, and members of Eden ' Prairie ' s City Council have received a petition in favor of i the development signed by 27 owners/residents. In addition, The Preserve took its own opinion poll in the form of a � postcard mailing, a copy of the form attached to this letter. The Preserve mailed out 700 of these cards and received a t ^ response of 233 Yes to 106 No. This represented a 48% j return on the mailing. 4 CONCLUSION 1 1 Based upon the enclosed engineering studies and an examination of the problem by The Preserve , Super Valu, the developer for Super Valu (Ryan Construction Company) meetings with the staff of the City of Eden Prairie and I3ennepin County, it seems that the following are reasonable conclusions. 1 . Alternate 1 is the most direct solution to the development Of the property but will probably be delayed by the City of Bloomington which is acting on its own schedule i and for its: own reasons; all in connection with the acquisition of. 9201 County Road 18 and its view of the manner in which County Road 18 should be developed. 2 . Alternate 2 is the most expensive, short-term solution E to solving the traffic congestion which now exists at County Road 18 and Anderson Lakes Parkway, due to the excessive conttruction of four--lane roadway , the physical and economic damage upon the Super Valu site and the loss of the contribution to the signalling expense. a Mr. Wolfgang Penzel Mr. Paul Redpath Mr. Dean Edstrom Mr. Sidney Pauly Mr. David Osterholt Page 5 March 28, 1978 3. Alterna°te 3 represents the least expensive solution to the problem and probably the most expedient solution to the problem. it contemplates the use of existing roads for access to County Road 18 , the development of County Road 18 on the Eden Prairie side, the immediate development j of the Super Valu site as that proposal is now before } the City Council for the City of Eden Prairie and the use of Super Valu money of $70, 000 plus as a contribution �. towards the necessary signalling at the intersection. l 4 . All of the foregoing preliminary conclusions are consistent with and do not ruin the long range plan for a full } scale intersection in the event that the City of Eden r Prairie and the City of Bloomington, in cooperation 1� with the Hennepin County Highway Department, should all ' agree that upgrading of County Road 18 should be accomplished to that level . It is not the intention of the enclosed � . material to suggest that at this time either the City of Eden Prairie or the Ci-ty of Bloomington should take a position on the Long Range Plan. The intersection diagram as presented with this material is acceptable } to Hennepin County Highway standards. On behalf of the developers and Super Valu and consistent with what The Preserve and developers understand to be the consensus of residential opinion as to the necessity for the propoGed Stiper Valu development, we would request that you approve the enclosed engineering data and the request for the rezoning and building of the shopping center consistent with Short Range Alternate 3 . Very truly yours, MASTOR AND BALE, LTD. By William G. Bale WGB/mel erna �s a » 1�je Cavjh,r�- a fif at fall. Attention : City Manager Roger Uistad MAR Members of Eden Prairie City Council We , the undersigned , are in favor of building a grocery store , hardware store , drug store etc at the corner of Highway 18 and Anderson Lake Road : �. ell 7W ��,. .J!L-St��f•r.a .+Il._•L .J L�-r).-,� �,�; Jr �r� L •'� .�.;..�-,.��-�L�,,.C� c���.-� L���.�.✓1T i�r'�� ��� elf iris/ , /�� !f"�`. `; �, t�•� •� .,i .J , •� j� , yr'�ji y / t� ` `� . �L 1 �.a �� l., L. .r G J 1•-� ��!r'GG L �!!r�G�.�-� � GiC:� � t���/` ,�'.:1 �ry /Joe Alri 47 ew 11 y %� 'LZ-✓ � , ��"� �.��. � J a j 1 Q 3 1