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City Council - 08/06/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, August 6, 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 Present: Douglas Tenpas, Jean Harris, H. Martin Jessen, Patricia Pidcock. Absent: Richard Anderson COMMENDATION RECOGNIZING THE OUTSTANDING EFFORTS OF SAFETY CAMP STAFF AND SPONSORS • Mayor Tenpas presented a commendation to representatives from the Eden Prairie Police, Fire, and Park, Recreation and Natural Resources Departments, Eden Prairie Lioness Club, and American Family Insurance for their efforts in making the Eden Prairie Safety Camp -a success this year. COMMENDATION FOR JULY 4 CELEBRATION Mayor Tenpas presented commendations to Karen Clark, representing Norwest Bank, and Laurie Helling, Manager of Recreation Services, representing the Eden Prairie Park, Recreation and Natural Resources Commission for their contributions in making the community 4th of July celebration a success. Norwest Bank had sponsored the fireworks display. LIONS CLUB GOLF TOURNAMENT Jessen said that the City of Eden Prairie had been invited to play in the recent Lions Club Golf Tournament and won first place in that tournament. He presented a traveling trophy to the City which will be displayed at City Hall for one year. • Eden Prairie 2 August 6, 1991 City Council Minutes Approved • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Harris, to approve the agenda. Jullie requested the addition of one item to the Clerk's License List, III.0. on the Consent Calendar, Gambling License to the Sweet Adelines at the American Legion Club. Pidcock requested the addition of two items under X.A., Reports of Couricilmembers: (1) Request from Revenue Sources Committee of the League of Metropolitan Municipalities; (2) Information from the Minneapolis Area Realtor. Tenpas requested the addition of two items: (3) Stop signs on Franlo Road and Mount Curve Road; (4) Toilet facilities at construction sites. Motion to approve the agenda as amended approved 4-0. II. MINUTES A. Special City Council Meeting held Tuesday, July 30, 1991 MOTION Pidcock moved, seconded by Harris, to approve the minutes of the Special City Council meeting -held Tuesday, July 30, 1991. Motion approved 4-0. III. CONSENT CALENDAR A. TECH 10 by Hoyt Development Company. 2nd Reading of Ordinance 20-91-PUD-6-91, Planned Unit Development District Review within the I-2 Zoning District with waivers on 5.6 acres; Adoption of Resolution 91-160, Authorizing Summary and Ordering Publication of Ordinance 20-91-PUD-6-91; Location: southwest corner of West 74th Street and Golden Triangle Drive. (Ordinance 20-91-PUD-6-91 - PUD District Review; Resolution 91-160 - Summary and Publication of Ordinance 20-91-PUD-6-91) B. ZONING CODE SIGN REGULATION AMENDMENTS by the City of Eden Prairie. 2nd Reading of Ordinance 18-91, Amending Zoning Code Sign Regulations; Adoption of Resolution 91-172, Authorizing Summary and Ordering Publication. (Ordinance 18-91 - Amending Zoning Code Sign Regulations; Resolution 91-172 - Summary and Publication). C. 2ND READING OF ORDINANCE NO 17-91 CONTROLLING WEEDS AND GRASS ON PRIVATE PROPERTY AMENDING CITY CODE CHAPTER 9 • SEC. 9.71 SUBD. 1 Eden Prairie 3 August 6, 1991 • City Council Minutes Approved D. RECEIVE FEASIBILITY FOR ROWLAND ROAD IMPROVEMENTS, I.C. 52-067 (Resolution No. 91-169) E. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT BETWEEN CITY, MR. & MRS. UHERKA, AND AMOCO OIL COMPANY F. FINAL PLAT OF FARBER ADDITION (LOCATED NORTH OF ROWLAND ROAD AND WEST OF RASPBERRY HILL ROAD) Resolution No. 91-175 G. FINAL PLAT OF DONNAY'S EDENVALE SECOND ADDITION (LOCATED AT THE N.E. CORNER OF EDENVALE BOULEVARD AND LESLEY LAND) Resolution No. 91-176 H. EAW RECORD OF DECISION FOR DELL ROAD AND SCENIC HEIGHTS ROAD, I.C. 52-160 (Resolution No. 91-177) I. APPROVE CHANGE ORDER NO 2 FOR TH 5 SOUTH FRONTAGE ROAD, I.C. 52-177 J. RECEIVE 100% PETITION FOR PRAIRIE CENTER DRIVE MEDIAN OPENING AT JOINER WAY, I.C. 52-229 (Resolution No. 91-180) K. APPROVE PLANS FOR PRAIRIE CENTER DRIVE MEDIAN OPENING AT • JOINER WAY, I.C. 52-229 (Resolution No. 91-181) L. REQUEST FOR LAND ALTERATION PERMIT BY BRAD HOYT FOR AREA SOUTH OF TECH 10 M. 2ND READING OF ORDINANCE NO 22-91, AMENDMENT OF PARK USE RULES RELATION TO HORSES N. EXTENSION OF HEALTH BENEFITS TO CITY COUNCILMEMBERS 0. CLERK'S LICENSE LIST MOTION Harris moved to approve the Consent Calendar as amended, seconded by Pidcock. Motion approved 4-0. IV. PUBLIC HEARINGS A. DELL ROAD IMPROVEMENTS, I.C. 52-126 (Resolution No. 91-1.78) City Engineer Alan Gray reviewed the project and summarized the Feasibility Study. He said that one main issue with the project -was whether or not there should be a railroad crossing on Dell Road and if so, whether the crossing would be an at-grade or a separated • crossing. Eden Prairie 4 August 6, 1991 City Council Minutes Approved • Mark Troxel, 7638 Paulson Drive, said that he saw no reason to complete Dell Road as there was adequate access via Highway 101 which was scheduled for improvement and upgrading. He said he disagreed with the feasibility study as far as the need for the railroad crossing. Mike Casanova, 18559 Kristie Lane, referred to a report which had been distributed to Councilmembers and which had been prepared by the neighborhood group. He pointed out that the present railroad grade isolated the single-family residential area from the industrial area. He believed the City's plan did not take into consideration the planned upgrade for Highway 101 or the improvements to Eden Prairie Road. He questioned whether it was necessary to improve Dell Road with Highway 101 being only three-quarters of a mile away. He also said that emergency vehicles had adequate access to the area at the present time. He believed the new road could be a hazard at the railroad crossing and called Council's attention to pictures C1 and C2 in the report which illustrated the situation existing at this location. Casanova said that if the Council determined that Dell Road would be upgraded, he recommended that a. separated railroad crossing be installed rather than an at-grade crossing for the following reasons: (1) It would lessen the impact on area residents because there would • be less noise from the trains. He also pointed out that tree replacement would not be possible with an at-grade crossing. (2) Right-of-way slope guidelines could be adhered to with a grade- separated crossing. (3) Construction would comply with existing grade covenants. (4) A separate crossing would be safer for children and bicycles, and delays for traffic and emergency vehicles could be avoided. (5) There was also concern about hazardous materials traveling over an at-grade crossing.. Casanova said he believed costs would be less for a separate crossing because eminent domain awards would not be necessary and liability costs would be less. He presented Council with a petition with 74 signatures opposing the Dell Road extension and requested a roll call vote on this item. Teresa Waters, 18119 Evener Way, spoke in favor of the Dell Road Extension project as she believed it would alleviate the traffic problems experienced on Evener Way. She requested Council give time for the people in the Evener Way neighborhood to prepare a study of their concerns. Tom Boerboom, 18519 Twilight Trail, spoke in opposition to the Dell Road Extension and the railroad crossing. He believed the train noise. would be intolerable to his property and would lower its value. • Eden Prairie 5 August 6, 1991 • City Council Minutes Approved Pidcock asked whether the railroad would participate in the cost of the crossing in any way. Dietz said no and that the cost would fall to the City only. Tenpas asked what the project would cost without the railroad .crossing. Dietz said it would cost $313,000. Harris asked what the impact to the community would be if the road did not go through. Dietz replied that ordinarily collector streets were placed every third-to-half mile and that Highway 101 and County Road 4 were not collector streets. He said he believed the completion of Dell Road was necessary to make the City's road system work. Projections for Highway 101 and County Road 4 show that these roads would be very congested in 20 years and for this reason it was necessary for the City to develop its own road system. Gray added that the benefits of the project would include taking the pressure off residential streets and better distribution of traffic at certain intersections because traffic moving from southwest to north would choose Dell Road if it were available. Pidcock said she believed the Dell Road extension was needed but that she did not believe an at-grade crossing was necessary. She said she would favor another type of railroad crossing. • Harris said she agreed with Pidcock. She said she believed the road system needed to be developed and that a grade separation at the railroad crossing would mitigate some of the concerns of the neighborhood. Jessen said he agreed that Dell Road needed to be connected but would favor a separated railroad crossing. Tenpas said he believed the neighborhood had a compelling argument. However, he said he favored the Dell Road connection with a separated crossing. He said he would like staff to put together costs on a grade-separated railroad crossing. Deitz pointed out that the cost of constructing an off-grade crossing would be $700,000 more than an at-grade crossing. He said that the project was eligible for state aid funds; however, it was possible the City might not have enough money for the off-grade crossing and construction of other state-aid eligible projects such as Rowland Road. He suggested that bonds could be issued for the project. There were no further comments from the audience. • Eden Prairie 6 August 6, 1991 City Council Minutes Approved • MOTION Jessen moved, seconded by Pidcock, to order the Dell Road Improvements, I.C. 52-126 (Resolution No. 91-178) with the grade- separated railroad crossing, subject to the timing of the project in .relation to the priority of other projects. Motion approved 4-0. B. SINGLETREE PLAZA by The Robert Larsen Partners. Request for Zoning District Change from Rural to Community Commercial on approximately 19 acres with variances to be reviewed by the Board of Appeals, and Site Plan Review on approximately 19 acres for construction of 114,000 square feet of commercial uses to be known as Singletree Plaza. Location: South of Singletree Lane, east of Prairie Center Drive, west of Eden Road. (Ordinance 16-91 - Zoning District Change). Jullie said that notice of the public hearing was property mailed to owners of properties in the project area and published in the July 25, 1991 issue of the Eden Prairie News. Kelly Doran, representing The Robert Larsen Partners, said he had worked with the planning staff and the Planning Commission on the details of the project. He was requesting approval of the 1st Reading for Zoning District Change from Rural to Community Commercial. He said he would be meeting with the Planning Commission on August 12,1991 and planned to be back before Council on September 3, 1991 for 2nd Reading. He said he concurred with the staff report except for Items 1 through 3 which referred to review of the plans by the urban design consultant. He said he would be willing to work with staff to resolve the issues concerning these items prior to 2nd reading. Enger said the firm of Cluts O'Brien Strother Architects, had been retained and had begun work within the last eight days on a design for the Major Center Area. Enger also said the proponent had agreed to consider two sites for this project: (1) 100% on the Bermel site; (2) The east part of the Bermel property and additional land along Highway 169. Enger pointed out that the only project plan presented by the proponent to Council was for. the facility planned for the Bermel property only. He said the Planning Commission had not made a recommendation on the project and had continued the item to its August 12, 1991 meeting. Y Enger said that more work was necessary on the site plan. Some of the issues still to be resolved were whether the connection of Columbine Road/Regional Center Drive should be public or private, • and what the cost sharing would be if it were public; the alternative Eden Prairie 7 August 6, 1991 • City Council Minutes Approved of a private street system on the property in lieu of an extension of Commonwealth Drive as a public road; and the exterior design of the building as well as urban design feature on the site. Brian Cluts, representing Cluts O'Brien Strothers, reviewed plans for a design for the Major Center Area with drawings and explained how the elements he was suggesting could be incorporated into the Wal- Mart project. Tenpas said he was concerned about continuity and economic development in the area. He said one issue for future consideration should be how much of the cost would be incurred by the City and how much would be incurred by the developer. Also, if City did participate, he was concerned how participation would be financed. Harris said she believed it was appropriate for the City to request certain criteria in design, but she also believed some of the issues concerning costs were subject to negotiation. Jessen he favored the Wal-Mart store in this location. He agreed with the need for discussion on how much the City could require the developer to pay for concepts. He believed that if the project did not go through, it would send a bad message about the possibility of • developing downtown Eden Prairie. Pidcock said she was in favor of Wal-mart in this location. She said she would like to wait for input from the Planning Commission before : acting on the issue. Harris said she supported the INTal-Mart project for the site. However, she said she would like to continue the item.-to August 20 after the Planning Commission and the Parks, Recreation and Natural Resources Commission.-had had an opportunity to review it. At this point in the meeting Pidcock requested a point of order stating she was requesting a recess. Tenpas said that because the property was in jeopardy, he favored approving 1st reading in order not to delay the project. Kelly Doran said he believed that continuation of the project to the next meeting would create a problem with the proponent's willingness to pursue to the dual track on the location of the building as it had been doing. , There were no comments from the audience. Eden Prairie 8 August 6, 1991 City Council Minutes Approved • MOTION Jessen moved, seconded by Harris, that Council express conceptual approval of the Wal-Mart project subject to the development of agreement between the developer and the City on the unresolved _issues of building and road design, and the urban design features on the site. Motion approved 3-0. C. BOULDER POINTE 2ND ADDITION by Robert H. Mason, Inc. Request for Zoning District Change from Rural to R1-13.5 on 43.7 acres; Adoption of Resolution 91-179, Preliminary Plat of 68 acres into 75 single-family lots, two outlots and road right=of-way to be known as Boulder Pointe 2nd Addition. Location: south of Mitchell Road, west of Twin Lakes Crossing and north of Victoria Drive. (Ordinance 23- 91 - Zoning District Change; Resolution 91-179 - Preliminary Plat) Jullie said notice of the Public Hearing had been sent to owners of surrounding properties and properly published in the Eden Prairie News. Randy Travalia, representing Robert Mason Homes, reviewed the project through the use of maps and charts. He said that the proponent accepted all the recommendations made by City staff • except for Item No. 1.E. of the staff report which requested the proponent to submit surety for the replacement of 34 caliper-inches of trees. • He believed this was unncessary because the proponent would be planting several hundred caliper-inches of trees. He also requested an early grading permit. Jensen requested assurance from the proponent that proper erosion control would be done at the construction site. Gray said that Robert H. Mason, Inc. had done an exceptionally good job with erosion control and this should not present a problem. Enger said the Planning Commission had reviewed the item at its July 22, 1991 meeting. He said the purpose of the requirement for 34 caliper inches of tree replacement was to guarantee that there would be trees on the site, and that the request for waiving the surety on this item was a reasonable request. Lambert said the Parks, Recreation and Natural Resources Commission had recommended unanimous approval at its August 5 meeting. There were no comments from the audience. MOTION Harris moved to close the public hearing and approve 1st Reading of Ordinance No. 23-91 for Zoning District Change. Seconded by • Pidcock. Motion approved 4-0. Eden Prairie 9 August 6, 1991 • City Council Minutes Approved MOTION Harris moved to adopt Resolution No. 91-179 to approve the Preliminary Plat, to waive the bond requirement for tree replacement, and direct staff to prepare a development agreement incorporating staff and Commission recommendations. Seconded by Pidcock. Motion approved 4-0. MOTION Harris moved to grant an early grading permit at the proponent's own risk of a possible requirement for restoration. Seconded by Pidcock. Motion approved 4-0. At this point in the meeting, Pidcock requested that the Presentation of the 1990 Audit Report be held. (See Item X.B.2.) MOTION At 11:00 PM, immediately following the Audit Report, Jessen moved, seconded by Harris, to continue the meeting to 11:30 PM. Motion approved 4-0. • V. PAYMENT OF CLAIMS MOTION Jessen moved, seconded by Harris, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Harris, and Tenpas all voting "AYE". Motion approved 4-0. VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS • Eden Prairie 10 August 6, 1991 City Council Minutes y Approved • X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Request from the Revenue Committee of the Association of Metropolitan Municipalities Pidcock said that the Revenue Commission of the Association of Metropolitan Municipalities would like input in the area of revenue and expenses and how the City would like the Committee's policy shaped. She requested staff to prepare some recommendations for the Committee's August 15, 1991 meeting. These suggestions should concern particularly local government aid and whether or not the 2% local sales tax should be dedicated. The Committee's purpose was to lobby the Legislature on these two subjects. 2. Information from the Minneapolis Area Realtor Pidcock said that the Minneapolis Area Realtor Publication had published an article regarding code compliance and she requested that staff review and comment on it. 3. Stop Signs on Franlo Road and Mount Curve Road • Tenpas said that there seemed to be a problem at this intersection since people coming north were not required to stop. He asked why this was a 2-way rather than a 3-way stop and requested input from the Public Works Director on the subject. 4. Toilet Facilities at Construction Sites Tenpas said he had received a number of complaints about workers at construction sites using neighboring yards as toilets and asked if there was a City Code that required portable toilets at all construction sites. Pauly said he believed there was an OSHA requirement on this subject and would check into it further. B. Report of City Manager 1. Relief Agreement Extension for Paragon Cable Jullie said that the Southwest Suburban Cable Commission was preparing to approve a Relief Extension Agreement and wished to find out if the communities involved approved the concept. • Eden Prairie 11 August 6, 1991 City Council Minutes Approved MOTION Harris moved, seconded by Pidcock, to approve the concept of the Relief Extension Agreement. Motion approved 4-0. 2. Presentation of 1990 Audit Report (Moved to follow Item IV.0 on the agenda) John Brand from Fox McCue and Company reviewed the audit report. He said the general fund showed significant revenues over expenditures. The Capital Project Funds had deficits building up and he suggested there was'need for bonding in some of these funds. Public Improvement funds also showed a deficit. He said the City's Liquor operation showed a steady growth in sales and operating income and income from the utilities operations was more volatile as it was weather- dependent. For example, more water would be used in dry weather versus rainy weather. Overall, the City's financial status appeared to be favorable. MOTION Pidcock moved, seconded by Harris, to accept the Audit Report. • Motion approved 4-0. C. Report of Director of Parks, Recreation & Natural Resources 1. Recommendations for Community Center Expansion Program Lambert reviewed his memo of July 18, 1991 regarding the recommendation for Community Center Expansion Program. He said he planned -to proceed on the eight items outlined in the memo unless instructed differently by Council. He said the North Stars had offered the City a buyout on the locker space for $140,000 and recommended the City accept the offer as this was would be the cost to build new locker space. He said he would be meeting with the Eden Prairie School Public School District as it wanted locker room space in the Community Center as well as a connection from the high school building to the Community Center. He requested approval to negotiate a buyout of $140,000 with the North Stars and to negotiate locker room space and a.building connection with the School District. MOTION Harris moved to approve the Concept for the Community Center Expansion Program as outlined in Lambert's memo of July 18, 1991. Seconded by Jessen. Motion approved 4-0. • Eden Prairie 12 August 6, 1991 City Council Minutes Approved • D. Report of Director of Public Works 1. Award Contract for Bluffs West 9th Addition, Bluestem Ridge, and _Bluffs East 8th Addition, I.C. 52-199, 52-223, and 52-224 (Resolution No. 91-182) MOTION Pidcock moved, seconded by Jessen, to approve Resolution No.. 91-182 awarding construction bids for I.0 52-224 Bluffs W. 9th Addition, I.C. 52-223 Bluffs E. 8th Addition, and I.C. 52-199 Bluestem Ridge to Richard Knutson, Inc. ' Motion approved 4-0. 2. Review Alternatives for Parks/Public Works Maintenance Facility Dietz reviewed his memo dated July 25, 1991 regarding the Parks/Public Works Facility Alternative Analysis. He said the Eaton site had been found to be the most favorable by staff because it was in the best location. He said it was not as large as necessary and additional land would be needed for the long- term. He said the Eaton site also needed to be remodeled and the remodeling could not be clone in phases as would be possible on a new building. MOTION • Pidcock moved, seconded by Harris, that Dietz proceed with an agreement to purchase the Eaton property and the recommended extra, acreage. Motion approved 4-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Pidcock moved, seconded by Harris, to adjourn at 11:30 PM. Motion approved 4-0. •