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City Council - 05/21/1991 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TIME: 7:30 PM Tuesday, May 21, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen 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 Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. PRESENTATION OF AN AWARD OF MERIT FOR DR. JOHN WRIGHT, D.V.M. Mayor Tenpas presented Dr. John Wright, D.V.M., with an Award of Merit for his services to the Eden Prairie Police Canine Unit. Since 1981 he had provided veterinary services free of charge to the Police-Department's dogs and thereby 'had contributed greatly to the efficiency and effectiveness of the City's Police Force. PRESENTATION OF •COMMENDATION TO KRISTY L. LAUER Mayor Tenpas presented a commendation to Kristy L. Lauer for her participation in the arrest of a person suspected of credit card fraud, thereby preventing the suspect from victimizing more businesses in the City. RECEIVE GOVERNOR'S SAFETY AWARD FOR THE HIGHEST QUALITY SAFETY PROGRAM Kevin Schmie g Director of Inspections, Safety, and Facilities, accepted the Governor's Award for Outstanding Achievement in Occupational Safety. The City's safety program, instituted in 1988, had reduced lost time injury hours from 2,976 in 1987 to 112 in 1990. This improved safety record had resulted in improved employee morale and a $151,000 refund from the City's insurance carrier. PRESENTATION OF KEY TO CITY FOR SHARI GRAHAM FOR POSSIBLE SISTER CITY PROGRAM WITH CHINA Mayor Tenpas gave Shari Graham of the Eden Prairie Chamber of Commerce a key to the City to be presented to a possible sister city in China where she will be teaching and lecturing for three months. r�3a Eden Prairie 2 May 21, 1991 • City Council Minutes -approved I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Anderson, to approve the agenda. Pidcock requested the addition of the following items under X.A. Reports of Councilmembers: (1) F-16 Flyover, Saturday May 25, 1991; (2) Trail around Red Rock Lake; (3) Erosion on Bluffs area; (4) Sister City Program; (5) Cutting weeds and grooming roadway medians; (6) Congratulations to staff for safety program. Harris requested the addition of Item X.A.7, Amendment of By-Laws of Eden Prairie Foundation. Jessen requested the addition of Item X.A.8, Roadside Dumping. Tenpas requested the addition of two items under X.A., Reports of Council Members: (9) Update on Leona Road/Highway 169 traffic signals; and (10) Building owned by Ron Krueger. Jullie requested that Items III.A. and III.B. be removed from the Consent Calendar. Julhe also requested the addition of Item X.E. 2. Report of Director of Public Works, Award of Bid for a 600-Gallon Bituminous OR Distributor. MOTION • Motion to approve the agenda as amended approved 5-0. II. MINUTES A. Board of Review Meeting held Thursday, April 18, 1991 MOTION Pidcock moved, seconded by Anderson to approve the minutes of the Board of Review Meeting held Thursday, April 18, 1991. Motion approved 5-0. B. Special City Council Meeting held Tuesday, April 23, 1991 Pidcock moved, seconded by Anderson, to approve the minutes of the Special City Council Meeting held Tuesday, April 23, 1991. Motion approved 5-0. Eden Prairie 3 May 21, 1991 City Council Minutes .approved C. City Council Meeting held Tuesday, May 7, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, May 7, 1991. Motion-approved 5-0 III. CONSENT CALENDAR A. EATON INDUSTRIAL ADDITION-by The Eaton Corporation. Approval of Developer's Agreement. Location: 15151 Highway #5 (Item removed from the Consent Calendar at request of City Manager) B. FINAL PLAT APPROVAL OF EATON INDUSTRIAL ADDITION - located South of T.H. 5 and North of Technology Drive (Resolution No. 91- _. .111.) .(Item removed from Consent Calendar at request of City Manager) C. MINNESOTA HOUSING FINANCE AGENCY'S (MHFA) MINNESOTA CITY PARTICIPATION PROGRAM (MCCP) by the City of Eden Prairie. Adoption of Resolution No. 91-121, Authorizing the City of Eden Prairie's participation in the Minnesota Housing Finance Agency's Minnesota Cities Participation Program (Resolution 91-121 - Authorize Participation) D. CLERK'S LICENSE LIST E. CENTER CARE PROGRAM F. FINAL PLAT APPROVAL OF COFFMAN WOODS - located east of Duck Lake Road and south of W. 62nd Street (Resolution No. 91-122) G. FINAL PLAT APPROVAL OF MINNESOTA VIKINGS - located at the N.W. Corner of Washington Avenue and Viking Drive (Resolution No. 91- 123) H. APPROVE PLANS AND SPECIFICATIONS FOR STARING LAKE/RIDGE ROAD UTILITY AND STREET IMPROVEMENT. I.C. 52-203 (Resolution No. 91- 124) I. APPROVE PLANS AND SPECIFICATIONS FOR SUNRISE CIRCLE UTILITY AND STREET IMPROVEMENTS, I.C. 52-205 (Resolution No. 91-125) J. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH EDWIN AND DOROTHY SISAM, PROPERTY OWNERS OF LOT 5, BLOCK 3, CREEK KNOLLS, FOR SANITARY SEWER IMPROVEMENTS ON WILD DUCK PASS • Eden Prairie 4 May 21, 1991 City Council Minutes approved K. RESOLUTION NO. 91-126 AMENDING THE SUPPLEMENTAL TRUST INDENTURE FOR THE STERLING PONDS MULTI-FAMILY HOUSING PROJECT (PRAIRIE VILLAGE APARTMENTS)_TO ALLOW INVESTMENTS OF BOND FUNDS WITH THE APPROVAL OF 50% OF THE BONDHOLDERS L. APPROVAL OF CITY'S INSURANCE FOR THE PERIOD JUNE 1, 1991 - JUNE 1, 1992 M. APPROVAL OF EXTENSION OF LEASE FOR PRESERVE CENTER LIQUOR STORE MOTION Anderson moved, seconded by Jessen, to approve the Consent Calendar as amended. Motion approved 5-0. IV. PUBLIC HEARINGS A. HIWAY 494 RACQUET CLUB by Northwest Racquet Swim and Health Club. Request for Zoning District Change from Rural to C-Com on 2.7 acres, Site Plan Review and Adoption of Resolution No. 91-81, • preliminary Plat of 19.53 acres into 1 lot and 3 outlots for construction of a parking lot and tennis court structures on the south side of the property to be known as Hiway 494/Crosstown Racquet Swim and Health Club. Location: East of Baker Road, north of Holasek Lane (Ordinance No. 12-91 - Zoning District Change; Resolution No. 91-81 - Preliminary Plat) Jullie said that notice for the public hearing was properly published in the Eden Prairie News and mailed to surrounding property owners. Alan Kimpell, representing KMR Architects, architect for Northwest Racquet Swim and Health Club, presented a plan for development of 360 extra parking stalls for the.Club, development of one contiguous property for the Club, and dedication of the property south of the Club and south of the water tower to the City. Four outdoor tennis courts would also be developed in lieu of a cash park fee donation. Enger said the Planning Commission had recommended approval of the project at its April 8, 1991 meeting, subject to the recommendations in the staff report. Enger said that the original plan had been for a parking ramp to the north rather than at-grade parking. Since that time, the Club had been able to acquire more land to the south. It had agreed to build and donate tennis courts to the City, thus providing a buffer between the Club.and the residential area. For these reasons, the Planning Commission : Ry` Eden Prairie 5 May 21, 1991 City Council Minutes approved believed this to be a better plan than the original one. Also, with the present plan, the traffic would be distributed between two major entrances rather than one, which the Planning Commission believed to be an improvement. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and approve first reading of Ordinance No. 12-91 for Zoning District Change, Adopt Resolution No. 91-81 for the Preliminary Plat, and direct staff to prepare a development agreement incorporating Commission and staff recommendations. Seconded by Jessen. Motion approved 5-0. B. ANAGRAM INTERNATIONAL by Ryan Construction Company. Adoption of Resolution No. 91-100, Planned Unit Development Concept Amendment and Planned Unit Development District Review with waivers on 15.67 acres; Zoning District Amendment within the I-2 Zoning District on 15.67' acres, Site Plan Review and Adoption of Resolution No. 91-102,_ Preliminary Plat of 15.67 acres into 4 lots for construction of a 199,210 square foot office/warehouse building in three phases to be know as Anagram International, Inc. Location: southeast corner of Valley View Road and Executive Drive. (Ordinance No. 13-91-PUD-5-91 - Zoning District Amendment; Resolution No. 91- 100 - PUD Concept Amendment; Resolution No. 91-102 - Preliminary Plat) Kent Carlson, representing Ryan Construction Company, presented the details of the project on behalf of Anagram International. He said Phase I of the project would be 116,000 square feet in a two- story building, with plans for expansion in five to seven years. He explained the details of the project by the use of maps and drawings. Enger said the Planning Commission reviewed the project at its May 13, 1991 meeting and unanimously recommended approval subject to staff report recommendations. Lambert said the Parks, Recreation, and Natural Resources Commission recommended approval of the project at its May 20, 1991 meeting. However, it recommended that a sidewalk system which would extend around the entire block on the inside of Equitable Drive be considered so persons would be able to walk around the entire block without crossing a street. l�nr Eden Prairie 6 May 21, 1991 • City Council Minutes approved After discussion, it was determined that the proponent should decide whether or not it would install the recommended sidewalk. There were no comments from the audience. MOTION Jessen moved to close the public hearing, approve first reading of Ordinance No. 13-91-PUD-5-91, Adopt Resolution No. 90-100 PUD Concept Amendment, Adopt Resolution No. 90-102 to approve the Preliminary Plat, direct staff to prepare the development agreement, and resolve the issue of the sidewalk before second reading. Seconded by Harris. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION • Pidcock moved, seconded by Harris, to approve payment of claims. Payment of claims approved with Anderson, Harris, Pidcock, Jessen, and Tenpas all voting "AYE.. VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS Eden Prairie 7 May 21, 1991 City Council Minutes approved X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. F-16 Fly-over Pidcock said that a request had been received for Council _ approval for fly-over of F-16's between 1:00 and 1:10 PM on Saturday, May 25, 1991. It was the consensus of the Council that this be. allowed. for the date and time specified. 2. Trail around Red Rock Lake Pidcock said that she believed this trail was in poor repair and was dangerous and requested staff to investigate the situation. 3. Erosion on Bluff s Area Pidcock said that the erosion in the area on the east side near Winter Place had become worse, and believed that the City should take action to prevent further erosion. Staff will assess the situation and report to-Council at the next meeting. Gray said the City had been working with the Watershed District on erosion control, and that the Watershed District had indicated it would consider including funds for erosion control in its budget. 4. Sister City Program Pidcock inquired as to what information had been received for the Sister City Program. She said she would like to begin the program as soon as possible. 5. Cutting Weeds and Grooming along Roadways Pidcock said she had received several complaints that the City was not cutting weeds and properly grooming along roadways and medians. Gray said grass cutting and spraying for weeds in the medians had been scheduled in the Major Center Area. He also pointed out that in areas where cutting of grass and weeds was the County's responsibility such as Valley View Road, State law prohibited cutting areas before a date in June because the areas were habitat areas for birds and wildlife. Eden Prairie 8 May 21, 1991 • City Council Minutes approved 6. Congratulating Staff for Safety Program Pidcock said she wanted the Council to go on record as congratulating staff for its excellent safety record. All Councilmembers agreed. 7. Eden Prairie Foundation Board of Directors Harris said the Eden Prairie Foundation had three requests to amend bylaws for Council approval: (1) To expand the number of directors from 11 to 13 to include the existing chair of the Foundation Ball as a voting member, and the immediate past-chair of the Foundation Ball in an ex-officio capacity. (2) To clarify the term of office of directors. The new language would make persons eligible to serve no more than two consecutive whole or partial terms as a director. (3) Establish a nominating committee to be designated 90 days prior to each annual meeting of the Corporation. MOTION Harris moved that these three items be approved by Council. • Seconded by Jessen. Motion approved 5-0. 8. Roadside Dumping Jessen said that the area near Riverview Road had one or two loads of brick rubble, paint cans and other construction debris that had been dumped in the area_along the roadway. He noted an increasing amount of yard waste and brush showing up on public land. Anderson added that this had become a problem throughout the state with the greater restrictions and higher costs for garbage pick-up. Dawson said the Council had determined previously not to be involved in processing yard wastes and brush, but that the Waste Management Commission could be requested to review it again. 9. Update on Leona Road Tenpas requested an update on the traffic signal at Leona Road. Jullie pointed out that there was an item on the agenda to authorize a study for Highway 169 signalization which would address this subject. 8209 Eden Prairie 9 May 21, 1991 City Council Minutes approved --10. -Building owned by Ron Krueger Tenpas.said he had received a call from First Wisconsin Bank in Milwaukee regarding this property. Because the building was scheduled to be torn down, the property owner not could sell the property or rent the building. The property owner was also behind on his taxes. First Wisconsin had asked if the City had a policy to establish a fair market value for tax purposes on a property that was scheduled for condemnation. Jullie said there was no hardship provision for commercial property. Jullie also said there was a possibility the State would purchase the property in 1991. It was the consensus of the Council that staff investigate the situation and return to Council with a plan for this and similar situations.---- ---- B. Report of City Manager 1. Set Date for Stake I Session of Quality -Management Program Jullie requested that Council set a date for 'the Stage I Session of the Quality Management Program involving Dr. Michael Tveity who will be working with Council and department heads in a strategy planning session. It was decided to set June 24, 1991 at 6:00 PM to meet with Dr. Tveity. It was also decided to move the study session originally scheduled for June 25 to a later date andto- invite the Chamber of Commerce and the Eden Prairie School Board. C. Report of Finance Director 1. Recommendations regarding Liquor Operations (continued from May 7, 1991) Frane reported that the consultants continued to recommend purchasing a store in the Prairieview Center. Anderson said he would favor accepting the recommendation of the consultants and he believed that it was less costly to own rather than lease in the long run. Jullie said it would be necessary for staff to negotiate the purchase of a site, report to Council what the cost would be, and develop a plan to finance the purchase. Jessen said he was not persuaded that the correct decision was to purchase the site. He would favor renting a site. it u� • Eden Prairie 10 May 21, 1991 City Council Minutes I .approved Pidcock said she was not comfortable with purchasing a site and would favor waiting to see if there would be a spot in the Major Center Area that would be more appropriate. Tenpas said he did not believe the consultants had done a good job with the study because an analysis of the Cub Store area had not been included. Also the study had not taken into consideration the traffic shift that would take place in the Major Center Area in the next two-and-one-half years because of road construction. He also said that there may be legislative changes in the coming years that would change where liquor could be purchased; for example, in grocery stores. Because of these factors, he-said he would prefer to remain flexible and lease a store in the Prairieview Center. Harris said she would not be adverse to owning a store because it could be sold if necessary. However, she said she was not sure purchase at this time was a good use of City funds. After further discussion it was the consensus of the Council to direct staff to compare costs for leasing and costs for purchasing a store in the Prairieview Center area and report the findings to Council for review. • 2. 1st Quarter Budget Report (continued from May 7, 1991) Tenpas said he would like to see last year compared to the current. year. Frane said this could be done easily in 1992, but it would be time-consuming to make a 1990-91 comparison. Council agreed that this comparative information could be included in the 1992 reports rather than trying to include the figures for 1990 at this time. D. Report of Director of Parks, Recreation & Natural Resources 1. Proposal for Repair of the Barn on the Riley/Jacques Homestead Lambert explained the repairs that were needed to the barn on the Riley/Jacques Homestead and that the repairs could be paid for by cash park fees. MOTION Pidcock moved, seconded by Harris, to repair the barn on this property. Anderson asked if there was a use for the barn. Lambert said that the Historical Preservation Commission would like to use it to store items that it had been collecting. He said a security • system would be installed. Eden Prairie 11 May 21, 1991 16 City Council Minutes approved Tenpas requested that a letter be sent to Elaine Jacques thanking- her for her participation in the restoration of this building, and also asking her if the original land deed signed by President Ulysses S. Grant could be preserved and displayed in the barn. Motion approved 5-0. E. Report of Director of Public Works 1. Authorize Traffic Study for T.H. 169 Signalization Gray said the City was awaiting MnDOT's 'finalization of traffic counts on the Highway 169 intersections at West 78th Street and Leona Road. Gray also called Council attention to the proposal from Benshoof & Associates, Inc. to provide traffic engineering assistance at the intersections of T.H. 169 with Leona Road and West 78th Street. MOTION Harris moved, seconded by Jessen, to authorize Benshoof & Associates, Inc. to proceed with the traffic study as outlined in its letter of May 21, 1991. Motion approved 5-0. 2. 600-Gallon Bituminous Oil Distributor Bid I.C. 52-231 Grey said the City received bids on Monday, May 20, 1991, for a 600-Gallon Bituminous Oil Distributor. He said that MacQueen Equipment had presented a bid of $18,632, but the equipment did not meet the City's specifications. MacQueen Equipment had stated that it would be necessary to add another $2,900 to the bid if it were to meet the City's specifications. The low bidder, based on the specifications which included a 20-hp diesel engine to run the distributor, is Ruffridge-Johnson for $19,436. Tenpas asked if MacQueen Equipment had been aware of the specifications when it presented the bid. Gray said that the bid of $18,632 was based on equipment which had a 10-hp motor, not the 20-hp motor as specified. Gray said that either of the two companies could have met the 20-hp specification. Pauly suggested that the motion include that it was the finding of the Council that the bid from MacQueen Equipment did not meet the specifications and therefore was rejected. l� u� Eden Prairie 12 May 21, 1991 • City Council Minutes .approved MOTION Jessen moved, seconded by Anderson, to reject the bid of $18,632 from MacQueen Equipment because it did not meet the City's specifications, and accept the bid from Ruffridge-Johnson in the amount of $19,436 to provide a 600-Gallon Bituminous Oil Distributor. Motion approved 5-0. XI. OTHER BUSINESS Harris asked Gray if Council action was required on the memo relating to water quality in the staff recommendation because the recommendation was to proceed with the NURP standards to evaluate development in Southwest Eden Prairie. Gray said Council action was not required at this time, but as projects were reviewed, the City could consider recommending that water quality features be added to the design features of the storm sewer systems. These issues would be worked out with developers and would be brought to Council only if there was a conflict or disagreement on the water quality issues. • Anderson said he wished to thank the staff and the Historical Commission for the Graffiti Bridge Sunday Celebration held on May 19, 1991. He said the effort was well-received and enjoyed by all residents of the community. Council concurred. XII. ADJOURNMENT MOTION Jessen moved, seconded by Pidcock, to adjourn at 9:25 PM. Motion approved 5-0. fI��