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City Council - 08/20/1991 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: 7:30 PM Tuesday, August 20, 1991 LOCATION: City Hall Council Chamber, 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: Mayor. Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, Patricia Pidcock. COMMENDATION BY THE POLICE & FIRE AWARDS COMMITTEE TO ANGELA TETRAULT • Mayor Tenpas awarded Angela Tetrault a commendation from the Police and Fire Awards Committee for her quick, life-saving action in administering the Heimlich maneuver to a person who was choking at the Bent Creek Golf Course. RECEIVE AWARD FROM THE MINNESOTA RECREATION & PART ASSOCIATION FOR SAFETY CAMP Mark McQuillan, representing the Awards Committee of the Minnesota Recreation and Park Association, presented the City with a Citation for its 1991 Safety Camp program. Mayor Tenpas credited particularly Lyndell Frey, Recreational Supervisor, and Curt Oberlander of the Eden Prairie Police for their contributions to the success of this program. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Harris, to approve the agenda. Under Reports of Councilmembers Item XI.A., Pidcock requested the addition of (1) School District Referendum. Harris requested the addition of (2) Redistricting. Anderson requested the addition of (3) Councilmember Total Compensation Package. • Eden Prairie 2 August 20, 1991 City Council Minutes Approved • Dawson requested an addition under Item XI.D.: (2) Discussion of the Expansion of a Second Ice Arena; Under Item XI.E. (2) Eaton Building and Earnest Money Offer. Dawson also suggested that Item XI.D.1., Comments on Scoping Documents for Flying Cloud Airport Revised Master ! Plan, be scheduled to follow the four public hearings, as he believed a number of people were present to address this particular issue. Agenda approved as amended 5-0. II. MINUTES A. City Council Meeting held Tuesday, July 16, 1991 MOTION Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting held Tuesday, July 16, 1991. Motion approved 5-0. B. City Council Meeting held Tuesday, August 6. 1991 Pidcock moved, seconded by Harris, to approve the minutes of the ' City Council meeting held Tuesday, August 6, 1991. • Pidcock requested several corrections: On Page 7 of the minutes; after the seventh full paragraph, it should be noted that she requested a point of order stating she had requested a recess at this point in the meeting. On Page 8, the vote on the motion should be 3-0 instead of 4-0. On Page 10 of the minutes, under item X.A.1. The heading should read "Request from the Revenue Committee of the Association of Metropolitan Municipalities." Also the first sentence should read "Pidcock said that the Revenue Committee of the Association ....". The third sentence should read "These suggestions should concern particularly local government aid ..." Minutes approved as amended 4-0, with Anderson abstaining. III. SALE OF GENERAL OBLIGATION BONDS Jerry Shannon, representing Springsted, Inc., the City's financial advisor, reviewed the bids received on three bond issues offered for sale on Tuesday, August 20, 1991 as listed in the agenda. He believed that of major importance to the City was that Moody's Investment Services had upgraded the City's rating from A to Al because of the continue growth and development, the diversity of tax base, the fine debt-to-market ratios, and the retirement of the Tax Increment Debt. He cited the best bid for the Equipment Certificates had been submitted by • Norwest with a TIC rate of 5.87%, the Improvement Bonds by Prudential Eden Prairie 3 August 20, 1991 • City Council Minutes Approved Bache Securities, Inc. at 6.76%, and •the Water and Sewer Certificates by Prudential Bache Securities, Inc. at 6.539%. He also mentioned the resolution for establishing the terms and condition of sale of the refunding issues, again looking at three separate issues totaling $10,375,000 of debt which will refinance existing bond issues. At the present time a net savings to the City of approximately $1.28 million in interest was anticipated over the life of the refunding program. A. Resolution No. 91-194, $1,900,000 Equipment Certificates MOTION Jessen moved, seconded by Pidcock, to approve Resolution No. 91- 194, and the sale of $1,900,000 Equipment Certificates to Norwest Investment Services Incorporated. Motion approved 5-0. B. Resolution No. 91-195, $6,050,000 Improvement Bonds MOTION • Pidcock moved, seconded by Harris, to approve Resolution No. 91-195, sale of $6,050,000 Improvement Bonds, to Prudential Bache Securities, Inc. Motion approved 5-0. C. Resolution No. 91-196, $9,500,000 Water & Sewer Bonds MOTION Harris moved, seconded by Pidcock, to approve Resolution No. 91-196, sale of $9,500,000 Water and Sewer Bonds, to Prudential Bache Securities, Inc. Motion approved 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. JAMESTOWN VILLAS by the Rottlund Company, Inc. 2nd Reading of Ordinance 21-91-PUD-7-91, Zoning District Amendment within the RM- . 6.5 Zoning District on 8.5 acres; Approval of Developer's Agreement; Adoption of Resolution 91-185, Authorizing Summary and Ordering Publication of Ordinance 21-91-PUD-7-91; Adoption of Resolution 91- 161, Site Plan Review on 8.5 acres; 12 lots for construction of 96 townhouse unites to be known as Jamestown Villas. Location. South of Highway 5, north of George Moran Drive. (Ordinance 21-91-PUD- 7-91 - Zoning District Amendment; Resolution 91-185 - Summary and Publication; Resolution 91-161 - Site Plan Review) 40 Eden Prairie 4 August 20, 1991 City Council Minutes Approved • C. CARPENTER NORTH PUD by Donald G. Brauer. Approval of Developer's Agreement; 27.2 acres for future development of commercial and multiple residential land uses to be known as Carpenter North PUD. Location: North of the intersection of Valley View Road and Prairie Center Drive. D. BOLDER POINTE 2ND ADDITION by Robert H. Mason, Inc. 2nd Reading of Ordinance 23-91, Zoning District Change from Rural to R1-13.5 on 43.7 acres; Approval of Developer's Agreement; Adoption of Resolution 91-186, Authorizing Summary and Ordering Publication of Ordinance 23-91; 68 acres into 75 single-family lots, one outlot and road right- of-way to be known as Bolder 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- 186 - Summary and Publication) E. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM by City of Eden Prairie. Adoption of Resolution 91-184, Authorizing Mayor and City Manager to execute subrecipient agreement with Hennepin County for the urban Hennepin County CDBG program. (Resolution 91-184 - Authorizing execution of agreement) (Moved to VII.A. Ordinances and Resolutions) F. FINAL PLAT APPROVAL OF FAIRFIELD OF EDEN PRAIRIE 6TH ADDITION • (located west of Eden Prairie Road and north of Pioneer Trail) (Resolution No. 91-189) G. APPROVE DIAGONAL DATA CORPORATION AGREEMENT FOR COMPUTER SOFTWARE H. REQUEST TO METROPOLITAN COUNCIL FOR HARDSHIP ACQUISITION OF ROLES' PROPERTY, I.C. 51-348 (Resolution No. 91-192) I. SENIOR CENTER ADVISOR COMMITTEE - Request for Funding for a Poster of the "Heritage Quilt" J. RESOLUTION NO. 91-193, RECORDING CONFORMANCE WITH DEVELOPER'S AGREEMENT FOR CHASE POINT/SUPER AMERICA DEVELOPMENT K. RESOLUTION 91-197, AUTHORIZING THE ISSUANCE AND SALE OF $7,235,000 G.O. IMPROVEMENT REFUNDING BONDS, $420,000 OF G.O. STATE-AID ROAD REFUNDING BONDS, AND $3,130,000 IN G.O. WATER & SEWER REFUNDING BONDS Harris said she had not had the opportunity to review Item E. Tenpas requested that this be moved from the Consent Calendar to VII., Ordinances and Resolutions. Eden Prairie 5 August 20, 1991 • City Council Minutes Approved MOTION Pidcock moved to approve the Consent Calendar as amended, seconded by Anderson. Motion approved 5-0. V. PUBLIC HEARINGS A. ORDER PREPARATION OF PLANS AND SPECIFICATIONS FOR ROWLAND ROAD, I.C. 52-067 (Resolution No. 91-190) Dawson said that notice of the public hearing had been mailed to owners of the affected properties and properly published in the Eden Prairie News. He called attention to a letter received on August 19, 1991, from Helen B. Pavelka, 6324 Shady Oak Road, regarding the project which had not been included in the Council packet. Dietz said that property owners in the affected areas had received a copy of the Feasibility Report. He explained how special assessments were determined. He said that there were two parts to this project: First was the feasibility study to determine whether or not the project should proceed; second was to debate the actual cost of the • project and amount of assessments. City Engineer Alan Gray explained the project with the use of maps and drawings. He said that the project costs would be $1,097,000 for the street and storm sewer improvements with pedestrian trails. Construction and engineering costs would be $1,262,000. Hennepin Parks would participate in the cost of the portion of the street which would front its property. He said the assessment would be $68.23 per front foot to abutting properties. The remainder of the project would be assessed $1,507 per lot in the subdivision. He said the cost of the sanitary sewer was estimated at $110,031 of which Hennepin Parks would contribute $27,000. The remainder would be assessed to abutting properties at an estimated rate of $37.30 per linear foot. He said Hennepin Parks would contribute $20,519.85 for the cost of the watermain, with the remainder assessed to abutting properties at the rate of $21.85 per linear foot. He said the City would apply for $800,000 in state aid and also to reimburse the City for other projects where the City had not applied for State aid. Sandra Landucci, 6529 Rowland Road, spoke in opposition to the project because she saw nothing in the report that spoke to the impact of the new street upon the residents living along Rowland Road. She was concerned that widening the, street would cause , greater speeds from cars and thereby causing safety hazards. She • would prefer the street be 28 feet wide. She also said she would prefer the walkway on the north side of Rowland Road and that it be Eden Prairie 6 August 20, 1991 City Council Minutes Approved • four feet wide. She was concerned that an eight-foot walkway would result in tree loss. She was also concerned that a new entrance to Bryant Lake Park near the Raspberry Hill neighborhood would create more traffic hazards in the neighborhood. She presented Council with a petition signed by the residents of the area. Judd Peterson, 11563 Raspberry Hill Road, said he disapproved of the park access on Rowland Road. He also said he was concerned with the perception that a wider street gave to motorists, encouraging higher speeds. He said he believed the 28-foot street was adequate and that a turn lane into the park would create a hazard. He suggested a six-foot-wide trail instead of an eight-foot-wide trail. He encouraged the City to save as many trees as possible. He believed the estimated engineering costs on the project were high. Richard Lee, 11539 Raspberry Hill Road, spoke in opposition to the 32-foot-wide road. He said he believed that aligning the park entrance to Raspberry Hill Road was dangerous and would encourage more traffic in the neighborhood. Ron Suchodolski, 11599 Raspberry Hill Road, said that there was a dangerous school bus stop on Raspberry Hill Road and Rowland Road, and he encouraged the City to take this into consideration as the road was designed and built. • John Rice, Attorney, representing Joseph Ruzic of 6825 Rowland Road, presented a letter to Council dated August 20, 1991 which he had written on behalf of Mr. Ruzic. He believed Mr. Ruzic's property would be unfairly assessed for the proposed improvements and the improvements would not provide benefit to the property. He said the plan was to divide the Ruzic property into four sublots and he believed the assessment should be $1,577 for each lot which would be proportionate to other property in the project area. He also believed that a greater portion of the cost should be assumed by Hennepin Parks. Shea Johnson, 11881 Thornhill Road, representing the Carmel neighborhood, was concerned that the plan had been first proposed in 1984 and nothing had been done until 1991. She said she believed that 8% interest was too high. She asked why, when the park encompassed 50% of Rowland Road, it was being assessed only 23% of the cost while the homeowners were being assessed for 36%. She was also concerned about increased traffic generated by the park and safety hazards created on Rowland Road as a result. Ari Fuad, 6645 Cherokee Trail, suggested putting the pedestrian trail on the southwest side of the road rather than the northeast side as currently proposed. He said that there were 13 driveways and roadways that intersect would the proposed path and he believed it • Eden Prairie 7 August 20, 1991 • City Council Minutes Approved would be preferable to locate the trail in the park rather than along side the houses on Rowland Road for safety reasons. Don Ogren, 11689 Thornhill Road, disagreed that the southwest side of the road was the best location for the trail. He said he would rather see the trail located on the northeast side of the road and believed the path should be 8-feet wide. Roger Henke, 11833 Thornhill Road, said he believed the existing road was dangerous and needed improvement. He cited a particularly dangerous spot between Cherokee Trail and the entrance to the Raspberry Hill neighborhood where there was a school bus stop. He asked how the neighbors could have input in design of the road. Dietz said the City could work with property owners on specific issues, but that the road would be designed to be safer than it was at the present time. Elizabeth Combs, 6255 Fallbrook Road, requested Council to vote against the proposal and said she would like to see a new proposal. Steve Yungner, 6529 Kingfisher Lane, said he wanted a safe and functional road, but he did not want a wider road because he could • not see benefit to the residents. He believed it would benefit only the park. He suggested tarring the road and putting in a new sidewalk which could be done for less money. Lynn Ferguson, 6517 Cherokee Trail, was concerned about traffic problems with boaters coming down Shady Oak Road and through her neighborhood. She also expressed concern for the wildlife if the road were improved. Scott Peterson, 11780 Boulder Bay Road, said he believed that Rowland Road should be widened and made safer. He was concerned about the speed limit on Shady Oak Road which was 50 mph and suggested it should be 30 mph. He suggested that a representative from Hennepin Parks meet with the neighborhood to explain the reasons for the location of the entrance to the park. There were no further comments from the audience. MOTION Pidcock moved to close the public hearing. Seconded by Jessen. Motion approved 5-0. After further discussion, there was Council consensus that the suggested improvements were necessary. • Eden Prairie 8 August 20, 1991 City Council Minutes Approved • Jessen encouraged saving as many trees as possible and to plant as many boulevard trees as possible. He also said he would favor consideration of a different location for the park entrance. Harris believed the most important consideration was safety and for this reason favored a 32-foot-wide street and the 8-foot-wide walkway. She said she would favor reconsideration of the location of the park entrance. Pidcock agreed and would like to assure the residents that trees would be replaced. Tenpas said he did not believe there was reason to make Rowland Road less than 32-feet wide. He also said he would favor the 8-foot- wide trail. He suggested contacting the City or the Police Department if there were speed problems on the road. He said he believed the residents were receiving good value for their money. He said he believed the issues of tree replacement and park entrance could be worked out. MOTION Pidcock moved, seconded by Jessen, to Adopt Resolution No. 91-190 • to order preparation of plans and specifications for Rowland Road, I.C. 52-067, with the understanding that the City investigate offsetting the park entrance, and every effort be made to save as many trees as possible and to plant new trees where feasible. Motion approved 5-0. 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). (Continued from 8/6/91) Dawson said that this item was a continued public hearing on the Singletree Plaza proposal. Kelly Doran, representing Robert Larsen Partners, said the only change since the last Council meeting had been in the architecture of the building relative to the site plan. He explained by the use of drawings changes in the lighting on the building, horizontal and vertical reveals, a design in the brick pattern which could be used in other buildings in the area, horizontal and vertical banding, and a canopy across the front of the building. He said the changes were • made in agreement with the City's urban design consultant. He said Eden Prairie 9 August 20, 1991 • City Council Minutes Approved he had reviewed the staff report and agreed with the Planning Commission's report of August 19, 1991. He said the issues still outstanding were regarding the extension of Regional Center Road/Columbine Road along the southern edge of the property and the discussion of the "hold still" agreement. Enger said the Planning Commission had a special meeting on this item August 19, 1991 and recommended approval on a 7-0 vote subject to staff recommendations in the memo of August 20, 1991. He said all the details will be include in the development agreement and recommended approval of the request. Lambert said the Parks, Recreation and Natural Resources Commission had not made a recommendation on this item because there was no vegetation or significant grading, and all the requirements for trails had been met by the proponent. Also there was no cash park fee as the property was not being subdivided. Dietz said the only outstanding question was on the cost sharing for construction of Columbine Road/Regional Center Drive. Jessen asked why the report did not include information on the cost • sharing of the roads. Enger said that the Planning Commission, after reviewing the traffic consultant's report and planning and engineering recommendations, recommended that the road on the south side of the property be a public road instead of a private street as originally proposed. Enger said a preliminary cost estimate had been received from Strgar-Roscoe. The report had stated that the cost of the street without right-of-way acquisition would be approximately $400,000 for construction of either a public or a private road. It would be approximately $30,000 less for a private street because it was proposed as a 30-foot-wide street in the site plan and the traffic consultant had recommended a 37-foot-wide street. He said a large portion of the cost was for the rebuilding of the intersection at Regional Center Drive and Commonwealth in order to realign it and raise the grade. The intersection at Prairie Center Drive would also need to be combined with the service road. Costs anticipated for these intersections were not reflected in the $400,00 figure. He said right-of-way acquisition was estimated at $175,000 which would bring the total cost to approximately $600,000. Enger said the Planning Department recommended that the City share half the cost and at this point the proponent had agreed to pay $150,000, or one-quarter, leaving the City's share $450,000. Tenpas said he believed one-quarter participation from the proponent seemed reasonable. • Eden Prairie 10 August 20, 1991 City Council Minutes Approved • Jessen said he was not convinced that Regional Center Drive was necessary at this point. He said the real cost to the City was getting from Regional Center Drive to where Columbine Road ends west of Prairie Center Drive, and the amount of property required to accomplish this. He also said he favored the "hold still" agreement until it had been determined if the City could acquire the property along Highway 169. Harris said she favored the construction of Columbine Road because she was concerned about internal circulation in the City without using the highway. Pidcock said she was pleased with the project and the developer's willingness to negotiate with staff. She said she wanted the road to be part of the project. She said she did not want to approve the project subject to a "hold still" agreement. She believed the project should be approved with the road in place. Enger said that on August 7, 1991 a letter was received from the C. Chase Company which, in his opinion, changed the conditions for the "hold still" agreement as understood by the City. The letter had requested, in addition to an even swap, that the City pay for the cost of right-of-way acquisition of Columbine Road which would be • $175,000 and to provide a site large enough for a 5,000-6,000 square- foot restaurant on Highway 169. Enger said providing a 1.0-to-1.5- acre site for a restaurant was not possible. The right-of-way issue brought another $175,000 into the consideration. He asked if the "hold still" agreement applied to the original terms or to the terms outlined in the letter from Chase Company. Pauly said there was nothing in the Code that gave authority to impose a "hold still" agreement as a condition to approving a project. The only method available would be a moratorium on the project. There was a statute which stated that if the City wished to study an entire area to consider changes in zoning regulations, it could accomplish this with a moratorium. He said he believed the "hold still" agreement was acceptable as long as it was agreeable to both parties and entered into in good faith. However, it was not appropriate to use the hold still agreement as a condition to approval. Jessen said he questioned whether the project should be approved with the road included. Harris said she would not vote until she had had the opportunity to review the contents of the letter from Chase Company. Kelly Doran said the concept of the dual track was that the project would be approved as if it were to be built on the Bermel property, • and there would be a period of time set aside to allow both sides to Eden Prairie 11 August 20, 1991 • City Council Minutes Approved explore all the ramifications of turning the building around in the event the City assembled the property along Highway 169. He said the letter from the Chase Company merely represented issues that needed to be resolved, and did not represent changes in the agreement. Enger said the understanding of the original "hold still" agreement was to give six months to the City to look into the feasibility of assembling properties along Highway 169, whether there were willing sellers, and also in that period to make them ready for Wal-Mart. The western portion of the Bermel property westerly of the power line easement encompassing about 12-1/2 acres, would be traded for the 6.55 acres that would be made up of the existing office buildings and the vacated right-of-way of Eden Road. The addition outlined in the August 7, 1991 letter from Chase Company said that for the trade to be equal, Wal-Mart, in exploring the western site further and looking at the price it had negotiated with Bermel, needed to be paid for the right-of-way for Columbine Road and also needed a free- standing site for a restaurant that it could sell as an outlot. This transaction would bring cash into the deal so Wal-Mart could afford the approximately 19 acres of the Bermel property. The letter now said that in order for the deal to be fair, the acquisition of • Columbine Road and the equivalent of a 5-6000-square-foot restaurant site needed to be added to the swap. Enger said that concept was not included as part of the original agreement with the dual track. Harris said she was not prepared to go forward with the new conditions. Pauly said that his understanding that the reason for the "hold still" agreement was to delay the building of the Wal-Mart store in order to permit the parties to explore the feasibility of some kind of trade. Because it was not known what the cost of the properties might be, an attempt to work the considerations of the trade into a "hold still" agreement when there were so many unknowns, was premature. The City, under the "hold still" agreement, wasn't bound to make the acquisition and trade the property for the 12 acres because it was not known at this time what the cost to the City would be. Conversely, the City could not expect a specific commitment from the proponent. He said he believed the main focus ought to be on the "hold still" agreement while more information was gathered, and the second part of the process then was to negotiate not only what the acquisition costs would be, but what the trade would be. Enger said that the Code allowed the City to require a subdivision if a public road were part of the consideration. If Council determined • that a public road was required, he said it seemed that a subdivision Eden Prairie 12 August 20, 1991 City Council Minutes Approved • could be required. He said an agreement had not been reached on whether the right-of-way would be dedicated or purchased. Pauly stated that the road could be required if it were a subdivision. If the project required a public road, that would be a basis to deny the rezoning unless a road was constructed. He said the real issue was whether or not the evidence formed a basis to require a road. He explained that the State statute which required a dedication of land for a road was in the subdivision portion and not the zoning portion, and this was a zoning hearing, not a subdivision hearing. He said that if a public road were decided to be beneficial and useful, not necessarily that the development needed the road, then the method was to order it in as an improvement project and assess the cost against the benefitting properties. Tenpas asked Pauly if Council could approve the project and leave the details of who was going to pay for what until second reading. Pauly said if necessary, a public improvement could be done through the normal process. He said he believed it could be approved based upon an agreement between the developer and the City because it would be to the developer's advantage to resolve the issue. Doran said his company would be willing to attempt to work out an agreement to solve the issue of the road, and in lieu of that • resolution, The Robert Larsen Partners, Inc. understood that the City would have the right to improve and assess in the same manner as any other improvement project. Jessen said he was prepared to rezone subject to the "hold still" agreement and subject to an agreement about paying for the road. He also suggested they discuss the project further at the proposed August 27, 1991 special meeting. Tenpas encouraged all Councilmembers to review the traffic study before the meeting on August 27, 1991. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and approve 1st Reading of Ordinance No. 16-91 for Rezoning. Seconded by Harris. Motion approved 5-0. MOTION Pidcock moved to direct staff to prepare a development agreement incorporating commission and staff recommendations and Council conditions regarding the road. Seconded by Harris. Motion approved 5-0. • Eden Prairie 13 August 20, 1991 • City Council Minutes Approved MOTION Pidcock moved that staff and developer work together on a "hold still" agreement to be discussed at the special Council meeting of August 27, 1991. Seconded by Harris. Motion approved 5-0. C. BLUFFS E. 10TH ADDITION by Hustad Development. Request for Planned Unit Development District Review within the overall 150-acre Bluff Country Planned Unit Development on with waivers and Zoning District Change from R1-22 to 25-91-PUD-Rl-13.5 on 12.3 acres; Adoption of Resolution 91-188, Preliminary Plat of 12.3 acres into 20 single-family lots, six outlots and road right-of-way to be known as Bluffs East loth Addition. Location: southwest of Bluff Road between White Tail Crossing and Wild Duck Pass. (Ordinance 25-91- PUD-8-91 - Zoning District Change; Resolution 91-188 - Preliminary Plat) Dawson said notice of the notice of the public hearing was sent to property owners in the development area and properly published in the Eden Prairie News. Wally Hustad, representing Hustad Development, explained the details • of the plans for the Bluffs East loth Addition with the use of drawings. Jessen asked Dietz if the properties being assessed for the Bluffs E. loth Addition would be subject to the $15,000 assessment limit and if the assessments were limited to this amount, would this cover the cost of the project so there would be no additional costs to the City. Dietz said the properties were subject to this limitation but that the total cost of the project would be covered from the assessments levied against the property in the project area, and the amount would not exceed $15,000 for each parcel involved. Enger said the Planning Commission recommended approval on a 5-0 vote at its July 22, 1991 meeting subject to recommendations of the staff report. Lambert said the Parks, Recreation and Natural Resources Commission recommended approval of the project per the Planning staff report. Lambert asked Hustad if he anticipated a trail easement across a corner of one of the properties would be a problem. Hustad said he did not believe this would be a problem. Harris requested clarification on exactly where the trail easement would be required before 2nd Reading. There were no comments from the audience. • MOTION Eden Prairie 14 August 20, 1991 City Council Minutes Approved • Harris moved to close the public hearing and approve 1st Reading of Ordinance 25-91-PUD-8-91 for Zoning District Change. Seconded by Pidcock. Anderson requested that before 2nd Reading, there be a clarification of the boundary lines and how the trail along the creek would be affected. Motion approved 5-0. MOTION Harris moved adoption of Resolution 91-188 to approve Preliminary Plat and direct staff to prepare a development agreement incorporating Commission and staff recommendations, and Council concerns relating to clarification of the trail easement. Seconded by 3 Pidcock. Motion approved 5-0." MOTION At 11 PM Harris moved to extend the meeting to 11:30 PM. Seconded by Anderson. Motion approved 5-0. D. HAMILTON ADDITION by Bernard Y. Hamilton. Request for Zoning • District Change from Rural to R1-13.5 on 0.98 acres; and adoption of Resolution 91-187, Preliminary Plat of 0.98 acres into 2 single-family lots and road right-of-way to be known as Bernard Hamilton Addition. Location: 14380 Staring Lake Parkway. (Ordinance 26- 91 - Zoning District Change; Resolution 91-187 - Preliminary Plat). Frank Cardarelle, representing Bernard Y. Hamilton, presented a drawing outlining the plans for this property. Enger said the Planning Commission recommended approval of the project at its July 22, 1991 meeting subject to staff recommendations of July 19, 1991. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Ordinance 26-91 for Zoning District Change. Seconded by Anderson. Motion approved 5-0. MOTION Pidcock moved to adopt Resolution 91-188 for Preliminary Plat and instruct staff to prepare development agreement subject to • Eden Prairie 15 August 20, 1991 • City Council Minutes Approved Commission and staff recommendations. Seconded by Anderson. Motion approved 5-0. XI. REPORTS OF OFFICERS D. Report of Director of Planning 1. Comments on Scoping Documents for Flying Cloud Airport Revised Master Plan (Resolution No. 91-198) (Moved to this point in the agenda per Council agreement) (See Page 18 for details of discussion) VI. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Anderson, to approve payment of claims. Payment of claims approved with Anderson, Harris, Pidcock, Jessen and Tenpas all "AYE". Motion approved 5-0. • VII. ORDINANCES AND RESOLUTIONS A. Community Development Block Grant Program by City of Eden Prairie. Adoption of Resolution 91-184, Authorizing Mayor and City Manager to execute subrecipient agreement with Hennepin County for the urban Hennepin County CDBG program. (Resolution 91-184 - Authorizing execution of agreement) (Originally Item E on Consent Calendar) MOTION Harris moved, seconded by Jessen, to adopt Resolution 91-184, Authorizing Execution of the Community Block Grant Program. Motion approved 5-0. VIII. PETITIONS, REQUESTS & COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS, & COMMITTEES A. Historical & Cultural Commission - Request from the Eden Prairie Foundation for the City to Accept All Remaining Les Kouba Prints along with the Profits Mike Kallas, member of the Eden Prairie Historical and Cultural Commission, related the request of the Foundation to transfer ownership to the City of the remaining 400 prints of the Cummins/Grill Homestead rendered by Les Kouba, as well as the • $26,000 in proceeds .from the sale of the prints to date. The Foundation also requested that the $26,000 and whatever proceeds Eden Prairie 16 August 20, 1991 City Council Minutes Approved • collected in the future be used only for the restoration and preservation of the Cummins/Grill Homestead. The original painting would remain in the ownership of the Foundation. MOTION Pidcock moved to accept the recommendation and terms of the Eden Prairie Foundation regarding the proceeds from and the prints of the Cummins/Grill Homestead. Seconded by Anderson. Motion approved 5-0. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. Reports of Councilmembers 1. School District Referendum Pidcock asked if there had been discussion with the Eden Prairie School District regarding the timing of its referendum. MOTION At 11:30 PM Jessen moved, seconded by Pidcock, to extend the meeting to • 12:00 midnight. Motion approved 5-0. Dawson said that the School District staff had indicated an intent to follow up on a citizen task force recommendation to hold a referendum in the fall of 1991. Lambert added that the School District had originally planned its referendum for 1992 or 1993 but because of the growth in population, it had been decided to move it to 1991. Pidcock asked if there was any way the City and School District could combine the two referendums. Lambert said it would be premature for the City to conduct its referendum in the fall of 1991. 2. Redistricting Harris asked staff for information on how precinct boundaries were determined and what the role of the Council, if any, was in this process. 3. Councilmember Total Compensation Package Anderson said he would like information on what the compensation packages were for Councilmembers in other • communities. He was specifically interested if elected officials Eden Prairie 17 August 20, 1991 • City Council Minutes Approved were allowed to join City health insurance programs, and if so, how was it paid for. He believed Councilmembers should be allowed to join the health insurance program but that they should pay for it themselves. Other members of the Council agreed with this position. MOTION Anderson moved that Councilmembers be allowed to join the City's group insurance health plan and pay for it themselves. Further he requested staff to investigate compensation packages provided by other cities. Seconded by Harris. Motion approved 5-0. B. Report of City Manager 1. Set Special City Council Meeting for Budget Review on August 27, 1991 Dawson requested that Council set a special meeting for budget review on August 27, 1991. • MOTION Jessen moved to set August 27, 1991, 7:30 PM as a special Council meeting for the purpose of discussing the proposed 1992 tax levy and budget and to set the truth-in-taxation hearing, and that a second agenda item be discussion of Singletree Plaza issues. Seconded by Pidcock. Motion approved 5-0. C. Report of Director of Parks, Recreation & Natural Resources 1. Petition to Riley-Purgatory-Bluff Creek Watershed District for Construction of the Staring Lake/Purgatory Creek Recreation Area Basic Water Management Project (Continued from July 16, 1991) Lambert said this item had been continued from the July 16, 1991 meeting to give Jessen and Anderson an opportunity to meet with property owners in the area. He said Mr. Naegele and Mr. Bermel had agreed to provide trail and drainage easements, but nothing had been heard from the other two property owners involved. MOTION Jessen moved, seconded by Anderson, to petition the Riley- Purgatory-Bluff Creek Watershed District for construction of the • Staring Lake/Purgatory Creek Recreation Area basic water management project. Motion approved 5-0. Eden Prairie 18 August 20, 1991 City Council Minutes Approved • 2. Community Center Addition Lambert reported that the School District was not interested in the space for locker rooms at the Community Center at the present time as it anticipated building additional space for locker rooms for both boys and girls sometime in the future. Therefore, Lambert suggested that the North Stars space be used for team locker rooms at the Community Center since the City will be acquiring the space from the North Stars. D. Report of Director of Planning 1. Comments on Scoping Documents for Flying Cloud Airport Revised Master Plan (Resolution No. 91-198) Enger introduced Jim Fortman from the Metropolitan Airports Commission staff. He also called attention to the resolution prepared by City staff commenting on the Environmental Assessment Worksheet prepared by MAC and analysis from City staff of the Worksheet. He said the comment period for the EAW would officially end on August 21, 1991, and the City would like to forward comments by Resolution. He said staff believed consideration of the EAW was premature because of many • unanswered questions. He called Council attention to the fact that the proposal was to not only extend the east-west runway but to shift it 500 feet to the west; the City had become aware of this aspect of the project only within the last 30 days. This shift would have fairly dramatic impact on the properties to the west of the airport. Jim Fortman, representing the Metropolitan Airports Commission, explained the process that MAC was using which consisted of writing an Environmental Impact Statement mandated by the State for the proposed 5000-foot extension of the runway at Flying Cloud Airport. The EAW was intended to define the preliminary scope of the EIS. He said the deadline for City and Council comments could be extended. Tenpas asked why the runway was being shifted to the west. Fortman said that the federal government had proposed this design standard. He said the federal government provided a great portion of the funds for the project and had refused to negotiate on this change in the plan. He said he intended to ask for a waiver from the FAA but could not guarantee he would be successful. Eden Prairie 19 August 20, 1991 . City Council Minutes Approved Enger said the City had requested a determination from the Environmental Quality Board as to which agency was the proper one to write the EIS and this had not yet been received. It was possible the City could be involved with the MAC on the project or MnDOT would write the EIS. Steve Yerkes, 16575 Hilltop Road, questioned how the FAA could change its guidebook in 1989 and the City or the MAC did not learn of it until 1991. He also questioned why the City's noise abatement plan and testing requirements were not included in the MAC master plan. Jessen said that he would like time to study the impact of the new plan of placing the runway 500 feet to the west. Tenpas asked Fortman if there was anything the City could to help mitigate some of the problems of moving the runway. He also asked for an extension of 30 days to allow the City to study the problem further, and possibly hold another meeting with the residents in the affected neighborhood. Fortman agreed to this extension. • Anderson said he was not willing to approve the resolution because the City had not previously been notified of the new location of the runway. Dawson suggested that 60 days would give staff sufficient time to look at the outstanding issues. Fortman agreed to this 60- day extension. MOTION Jessen moved to adopt Resolution No. 91-109 with the following revision: Now, therefore be it resolved that the Council of the City of Eden Prairie requests that the Metropolitan Airports Commission grant a 60-day extension for the purpose of commenting on the draft Environmental Assessment Worksheet. Seconded by Anderson. Motion approved 5-0. E. Report of Director of Public Works 1. Award Contract for Cedar Ridge Estates 2nd Addition, I.C. 52-225 (Resolution No. 91-191) Dietz reported that Richard Knutson, Inc. was the low bidder on this contract at $482,698.99 and recommended the City accept this bid. • Eden Prairie 20 August 20, 1991 City Council Minutes Approved • MOTION Jessen moved, seconded by. Pidcock, to approve Resolution No. 91-191, and award contract for Cedar Ridge Estates 2nd Addition, I.C. 52-225 to Richard Knutson, Inc. Motion approved 5-0. 2. Eaton Building and Earnest Money Offer Dietz requested authorization for $50,000 earnest money to purchase the Eaton Site for the replacement public works and parks maintenance facility. MOTION Pidcock moved, seconded by Jessen, to authorize $50,000 expenditure for earnest money to negotiate purchase of the Eaton site for the replacement facility. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION • Pidcock moved, seconded by Anderson, to adjourn at 11:51 PM. Motion approved 4-0. •