City Council - 04/07/1992 APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 79 1992 8:00 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIIMEMBERS: 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, Director of Planning Chris Enger, Director
of Parks, Recreation & Natural Resources Robert Lambert, Director of
Public Works Gene Dietz, City Engineer, Alan Gray, and Council
Recorder Kate Garwood
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Tenpas called the meeting to order at 8:10 p.m. due to the Primary Election. All
members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pidcock moved, seconded by Anderson, to approve the Agenda as published, with the
following additions: Item X.A.1.: City Soccer Fields; Item X.A.2., Proposed Bill in the State Legislature
Imposing Sales Tax on Government Purchase;Item III.A., Welsh Sierra Partnership DBA Cadillac Ranch
for Dance Hall Permit; Item III.L. and Item VI. B., 1st and 2nd Reading of Ordinance No. 8-92 for Street
Name Change for a portion of Equitable Drive to Anagram Drive.. and Item X.B.3., Purgatory Creek
Recreation Area Fill Permit. Motion carried unanimously.
H. MINUTES
A. Joint City Council/Flying Cloud Airport Advisory Commission meeting held Tuesdays March 10,
1992
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Joint Meeting of
the Flying Cloud Airport Advisory Commission of March 10, 1992, with the following deletions and
additions:
1) On Page 2, paragraph 1, line three amend "specific" to read "specifications".
Is2) Delete the second sentence, paragraph 3, on Page 5.
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3)' Add to the sixth paragraph, Page 6: "lessen said he was for a safer, better airport but against
isnoise and the other adverse effects of the airport expansion."
Motion carried unanimously.
B. Special City Council Meeting held Tuesday, March 10, 1992
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the regular City Council
meeting of March 10, 1992, as published. Motion carried unanimously.
M.CONSENT CALENDAR
A. Clerk's License List
B. Resolution Prohibiting Parking on Rowland Road-MSA 181-118-01,I.C. 52-067 (Resolution No.
92-53)
C. Resolution Prohibiting Parking on Dell (south) - MSA 181-113-01 (Resolution No. 92-70)
D. Resolution Prohibiting Parking on Dell Road (north) - MSA 181-108-03 (Resolution No. 92-71)
E. Award Contract - Street Sweeping, I.C. 52-250 (Resolution No. 92-54)
F. Award Contract for Four-Wheel Drive Mid-Size Tractor
G. NORMARK CORPORATE HEADQUARTERS by Normark Corporation. 2nd Reading of Ordinance
No. 4-92, Zoning District Change from Office to I-2 on 3.77 acres; Approval of Developer's
Agreement; Authorizing Summary of Ordinance and Ordering Publication of Said Summary; and
Approval of Site Plan Review. Location: East of Golden Triangle Drive, north of Nine Mile Creek.
(Ordinance No. 4-92- Zoning District Change; Resolution No. 92-62-Authorizing Summary and
Publication; and Resolution No. 92-65 - Site Plan Review)
H. Establishing Precinct Boundaries (Resolution No. 92-51)
I. Participation in 1992/93 Minnesota Cities Participation Program (MCPP) (Resolution No. 92-61)
J. Approve Plans and Specifications for Dell Road Improvements between Cascade Drive and West
82nd Street, I.C. 52-160 (Resolution No. 92-59)
K. Approve Plans and Specifications for Dell Road Improvements between TH 5 and Twilight Drive,
I.C. 52-156 (Resolution No. 92-60 & Resolution No. 92-72)
L. 1st Reading for Street Name Change for a Portion of Equitable Drive to Anagram Drive
(Ordinance No. 8-92)
MOTION: Harris moved, seconded by Pidcock, to approve Items A - F and H - L on the Consent
Calendar. Motion carried unanimously.
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MOTION: Harris moved, seconded by Pidcock, to approve Item G, 2nd Reading of Ordinance No.
4-92, Approve Developer's Agreement, Authorize Summary and Publication of Ordinance Summary,
and Approve Site Plan Review for Normark, on the Consent Calendar.
Vote on Motion: Motion carried 4-1-0, with Anderson opposed.
IV.PUBLIC HEARINGS/MEETINGS
A. Amendments for Tax Increment Financing - 1992 Amendment of Development Program for
Development District No. 1 and 1992 Amendment of Tax Increment Financing Plans for Tax Increment
Districts Nos. 2, 3, 4, 5, 6, and 7 Continued from March 17, 1992
This Public Hearing had been continued from March 17, 1992. At that meeting the Council reviewed
a recommended list of projects to be funded with $8.8 million of TIF receipts. Two projects were
added to the list, and it was determined that the County and School Districts should be re-notified and
the new Public Hearing held April 21, 1992.
Jullie explained that the addition of the two projects presented a time constraint with respect to
availability of TIF funds for obligations on Columbine Road for the Wal-Mart project. This portion
of the project had been properly published, noticed, and addressed for the March 17 meeting and could
be acted upon at this meeting. The added items could be acted upon separately on April 21, 1992.
MOTION: Jessen moved, seconded by Harris, to close the Public Hearing, and adopt Resolution No.
92-46, the 1992 Amendment of Development District No. 1. and 1992 Amendment of Tax Increment
Financing Plans for Tax Increment Districts Nos. 2, 3, 4, 5, 6, and 7. Motion carried unanimously.
Pidcock requested that the Southwest Metro Transit Commission be involved with Columbine Road and
asked that Staff have discussions with Administrator of Southwest Metro regarding public transportation
in this area.
B. Heritage Road Closure (Continued from February 4, 1992)
On February 4th, the Council requested further information about the potential impacts of closing the
Heritage Road/Highway 5 intersection. During the interim, Benshoof and Associates prepared a traffic
study and looked at four alternatives.
Staff had also received a petition from the neighborhood showing that 78% of the 264 households
contacted preferred the intersection remain open. Jim Benshoof, Benshoof and Associates, reviewed
the study in detail with the Council, noting that the primary issue was the form of access.
Pidcock asked about the reactions of the School District Staff to the traffic movement information at
the intersection of Valley View Road and the High School driveway/Hames Way intersection. Dietz
responded that City Staff had not yet with the School District Staff, but that they intended to soon.
Pidcock asked how the project would be financed in the event Heritage Road was widened. Dietz
• responded that MnDOT would likely pay for a right-in/right-out intersection, if that was the decision
at this time; however, the City would likely be required to pay for any upgrade in the future.
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Chris Geason - 7596 Carnelian Lane, and Jack Wheeler - 7575 Carnelian Lane, representing those in
• favor of an open intersection, discussed the neighborhood poll and their concerns for efficient, safe
traffic flow.
Dick Brown -7685 Heritage Road, Doug Morey-7741 Heritage Road, Cindy Aldrich -7711 Heritage
Road, Don Sabinske - 7740 Heritage_Road, Judson Freed - 7669 Heritage Road, and Emma Eames -
17345 W. 78th Street, representing those in favor of closure of the intersection, discussed concerns
about noise, pollution, traffic, and safety.
Mayor Tenpas called a recess at 9:20 p.m.; the meeting was resumed at 9:25 p.m.
During discussion, Councilmembers stated their positions as follows:
Pidc k: Favored the right-in/right-out solution, with a berm to a maximum possible height for noise
control. She added that the goals of the Southwest Corridor Coalition would coincide with the meeting
the safety needs of such an intersection, but would disagree with the signalization of the intersection.
Harris: Favored leaving Heritage Road open at Highway No. 5, without signalization; however, she
believed that the right-in/right-out solution at this time would be best, retaining as many options as
possible for the future in terms of other intersection controls.
Jessen: Favored the right-in/right-out solution as best for the neighborhood overall, but did not favor
widening Heritage Road.
Anderson: Favored right-in/right-out solution, meanwhile retaining as many options as possible for the
future in terms of other intersection controls.
Tenpas: Favored right-in/right-out solution as best for mitigating safety needs and meeting as many
concerns as possible for the overall neighborhood; also, he believed sidewalks for safety of the residents
were essential.
During discussion, Jessen questioned the special study of the intersections of Heritage Road/Kilmer
Avenue, Atherton Way/Kilmer Avenue, Valley View Road/Hames Way-High School driveway, and
Hames Way/Evener Way as to whether such study was beyond the scope of direction given to the
consultant. Jullie explained that the study of these intersections was requested by the residents during
a neighborhood meeting.
MOTION: Pidcock moved, seconded by Harris, that the right-in/right-out intersection for Highway
No. 5 and Heritage Road be approved, subject to the following design features: terming to the
maximum extent possible for noise mitigation; sidewalks to be installed for safer pedestrian traffic; no
widening of Heritage Road; options for alternate designs may be discussed in the future, if, and when,
needed. Motion carried unanimously.
C. Order Improvements and Preparation of Plans and Specifications for Creek Knolls, I.C. 52-194
• The project area, also known as the Bluffs East loth Addition, included developed and undeveloped
lots. The lot-unit basis of assessments would result in costs of approximately $10,000 per lot.
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Gray stated that a petition for improvement from the developer started this proposal. If approved, the
• project would start in the Summer, and finish in the Fall, 1992, with the special assessment hearing to
take place in September.
No one was present to discuss the item.
MOTION: Jessen moved, seconded by Harris, to close the Public Hearing and to adopt Resolution
No. 92-55 to order I.C. 52-194, Creek Knolls improvements. Motion carried nnan»nously.
D. Order Improvements and Preparation of Plans and Specifications for Braxton Drive, I.C. 52-189
Two of the three major owners of property were in favor of construction of the entire roadway,
including street and utility improvements; the third owner had objections. The roadway project was
proposed in two phases to allow for continued access to the elementary school through the school year,
with the northerly section proposed for 1992.
Gray explained that the School District would provide 10 ft. to the 70 ft. right-of-way needed. It was
proposed that the improvement be assessed on front-foot a basis.
K. E. Schumacher, President of Eden Land Company, 14875 Martin Drive, owner of the western-most
parcel, stated his concerns regarding the proposed assessment method, noting that the Eden Land
Company property would be required to pay twice as much per unit, or lot, as the adjacent developable
properties. He suggested a "per unit" assessment, rather than the "front-foot" method of assessment.
Councilmembers discussed the method of assessment, alternative methods for service and access to the
Rogers property to the north, and the needs of the School District with respect to the timing of the
improvement proposed. Dietz suggested that alternate means of assessment may be available and that
Staff could review and report on such means at the next meeting.
MOTION: Pidcock moved, seconded by Hams, to continue this item until the April 21st meeting.
Motion unanimously carried.
E. FAIRFIELD 1992 AMENDMENT by Centex Real Estate. Planned Unit Development Concept
Amendment on 148.2 acres to the overall Fairfield PUD; Planned Unit Development District Review
with waivers and Zoning District Amendment within the R1-9.5 District on 21.8 acres; Preliminary Plat
of 21.8 acres into 71 single family lots and road right-of-way. Location: North of Candlewood
Parkway, west of Braxton Drive.
Dan Blake, Centex Real Estate, explained that the zoning amendment would essentially change the
previously approved cluster lot arrangement to the more standard single family lot arrangement.
Anderson questioned the availability of trail connections from the development to the park system.
Council directed that the screening of the back yards of single family lots from the trail activities should
be addressed by the Parks, Recreation, and Natural Resources Commission and the Planning
is Commission.
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There were no further comments from the audience.
MOTION: Harris moved, seconded by lessen, to:
1) Close the Public Hearing and adopt Resolution No. 92-13 for PUD Concept Amendment;
2) Approve 1st Reading of Ordinance No. 5-92-PUD-2-92 for PUD District Amendment;
3) Adopt Resolution No. 92-27 for the Preliminary Plat, and direct Staff to prepare a Developer's
Agreement incorporating Commission and Staff recommendations.
Motion carried unanimously.
F. VICTORY LUTHERAN CHURCH-Request for Comprehensive Guide Plan Amendment from Low
Density Residential to Church on 6.6 acres; Zoning District Change from R1-22 to Public, and Site
Plan Review on 6.6 acres; Zoning District Amendment within the R1-22 District on 3.4 acres,
Preliminary Plat of 10 acres into 5 lots for construction of a 7,600 square foot church and 4 new single
family lots. Location: East of Eden Prairie Road, west of Red Oak Drive and north of Bergen Drive.
Steve Wagner - 8430 Eden Prairie Road, raised questions regarding easements needed for the
development. He welcomed the development of a church in this area, but did not want to give his
property away for needed easements. Enger indicated that the City Staff would work with Wagner and
the County to resolve this matter.
There were no further comments from the audience.
MOTION: Pidcock moved, seconded by lessen, to:
1) Close the Public Hearing and adopt Resolution No. 92-63 for Comprehensive Guide Plan
Amendment;
2) Approve 1st Reading of Ordinance No. 9-92 for the Zoning District Change;
3) Adopt Resolution No. 92-64 for the Preliminary Plat, and direct Staff to prepare a Developer's
Agreement incorporating Commission and Staff recommendations, and to resolve the easement
situation for the Wagner property.
Motion carried unanimously.
G. CENTRAL MIDDLE SCHOOL by Independent School District 272. Request for Site Plan Review
within the Public, I-2 and R1-22 Zoning Districts on 60 acres for construction of a approximately
60,000 square foot addition and parking circulation improvements to the Central Middle School.
Location: 8025 School Road.
Steve Thompson, architect for the School District, explained the redesigned entrance to the school
• involving a land swap with the Highway No. 212 project and the proposed development of the north
with athletic facilities.
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Roald Nielsen - 7924 School Road, asked if the upgrading of the school would have any impact on the
timing of takings planned for Highway No. 212 in the adjacent residential neighborhood. Thompson
responded that the school project would not have any impact on those takings by MnDOT.
There were no further comments from the audience.
MOTION: Anderson moved, seconded by Jessen, to close the Public Hearing and to adopt Resolution
No. 92-66 for Site Plan Review. Motion carried unanimously.
H. PRAIRIE VIEW ELEMENTARY SCHOOL by Independent School District 272. Request for Site
Plan Review within the Public Zoning District on 9.9 acres for construction of a 15,800 square foot
addition to the Prairie View Elementary School. Location: 17255 Peterborg Road.
Jim Touve - 17216 Peterborg Road, was concerned about the narrowness of Peterborg Road, noting
that parking was difficult at many times during the year. He was concerned that assessments may be
levied for street improvements caused by wear and tear caused mostly by buses and asked for fair
consideration of the residents of the area.
Enger reported that he had spoken with Mr. Merle Gamm of the School District Staff. Gamm told him
that he would recommend that the School District pay for its share of the road improvements.
Regarding parking problems, Enger pointed out that there would be an additional hard-surfaced area
constructed for that purpose as part of the improvements. Council directed Staff to keep Mr. Touve
informed about the decisions on these issues in the future.
Jessen asked if the hard surfacing proposed would impact the City's park. Lambert responded that two
tennis courts near the school would be eliminated. He noted that the School District would replace
those two courts at Central Middle School, and the overall number of courts would remain balanced
throughout the City.
There were no further comments from the audience.
MOTION: Anderson moved, seconded by Jessen, to close the Public Hearing and adopt Resolution
No. 92-67 for Site Plan Review. Motion carried unanimously.
I. FOREST HILLS ELEMENTARY SCHOOL by Independent School District 272. Request for Site
Plan Review within the Public Zoning District on approximately 58 acres for construction of an 18,350
square foot addition with parking and circulation improvements to the Forest Hills Elementary School.
Location: 13708 Holly Road.
Anderson had been contacted by residents from the Kings Forest neighborhood regarding the lack of
trail connections for safe pedestrian access to the school. Jessen suggested that the City work with the
School District to resolve the pedestrian access issue. Other Councilmembers concurred.
There were no comments from the audience.
MOTION: Jessen moved, seconded by Anderson , to close the Public Hearing and adopt Resolution
No. 92-68 for Site Plan Review, subject to resolution of a safe pedestrian access from the Kings Forest
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neighborhood, and subject to satisfactory resolution of the status of LAWCON/HUD grant as affects
the property. Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to continue the meeting to 11:30 p.m. Motion
carried unanimously.
J. CDBG YEAR XVHI PROGRAM FUNDING
The City was eligible for $88,731 in Year XVHI CDBG Funds through the Urban Hennepin County
CDBG Program. The scattered-site housing program was eliminated this year, as those needs were
being addressed through the Minnesota Cities Participation Program (MCPP)of the Minnesota Housing
Finance Agency (NIHFA), and addition. Also, $15,000 was designated toward an elevator at the Senior
Center. The Human Rights & Services Commission reviewed the proposed use of these funds at its
March meeting and recommended approval.
Grace Norris, Greater Minneapolis Day Care Association thanked the City for past contributions and
for continued support for the Day Care program.
There were no further comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No.
92-69 to submit the proposed Year XVIH Program. Motion carried unanimously.
K. AMENDMENT TO YEAR XVII CDBG PROGRAM
Enger reported that the scattered-site housing program objectives were being met through the MCPP
program of the MHFA. It was proposed that $15,000 previously designated for the Housing Rehab
Program, and an additional$9,400 be allocated to the remove architectural barriers at a new City Hall.
This latter transfer would help the City to comply with the provisions of the new Americans with
Disabilities Act. The Human Rights &Services Commission recommended approval of these transfers
at its March meeting.
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No.
92-49 for the Amendment to the Year XVH Program. Motion carried unanimously.
L. VACATION 92-01 - Vacation of Drainage and Utility Easements on Part of Outlot Az Menard
Addition
Existing easements would be vacated and new easements would be dedicated for drainage and utilities
on the Eden Prairie Ford site.
No one was present for the public hearing.
MOTION: Jessen moved, seconded by Harris, to close the Public Hearing and adopt Resolution No.
92-73 to approve Vacation No. 92-01. Motion carried unanimously.
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M. VACATION 92-02 - Vacation of Drainage and Utility Easements on Lots 1 and 2. Block 1,
Wyndham Knoll
Existing drainage and utility easements would be vacated and new easements would be dedicated on
property southwest of Dell Road and Pleasantview Road.
No one was present for the public hearing.
MOTION: lessen moved, seconded by Harris, to close the Public Hearing and adopt Resolution No.
92-74 approving Vacation No. 92-02. Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by lessen, to approve payment of claims. Motion carried, with
Anderson, Harris, lessen, Pidcock, and Tenpas voting "Aye."
VLORDINANCES AND RESOLUTIONS
A. FAUtIULD 1992 AMENDMENT by Centex Real Estate. 2nd Reading of Ordinance 5-92-PUD-2-92,
Planned Unit Development District Review with waivers, and Zoning District Amendment within the
R1-9.5 District; Approval of Developer's Agreement; Authorization of Summary of Ordinance and
Ordering Publication of Said Summary; Final Plat Approval for Fairfield 9th Addition; and Final Plat
for Fairfield loth Addition. Location: North of Candlewood Parkway, west of Braxton Drive.
Final approvals for the Developer's Agreement, zoning and plats for this subdivision were requested
by the Developer.
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to:
1) Approve 2nd Reading of Ordinance No. 5-92-PUD-2-92, Planned Unit Development District
Review, with waivers, and Zoning District Amendment within the R1-9.5 District on 21.8
acres;
2) Approve the Developer's Agreement for Fairfield 1992 Amendment;
3) Adopt Resolution No. 92-29, Authorizing Summary of Ordinance and Ordering Publication of
Said Ordinance; and,
4) Adopt Resolution Nos. 92-57 and 92-58, Approving Final Plats for Fairfield of Eden Prairie
9th and loth Additions.
Motion carried unanimously.
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B. 2nd Reading of Ordinance No. 8-92, Street Name Change for Portion of Equitable Drive to
is
Anagram Drive
Final approval of the ordinance amending the street name for a portion of Equitable Drive to Anagram
Drive was requested by the land owner.
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock to approve 2nd Reading of Ordinance No. 8-92, for
a Street Name Change for a portion of Equitable Drive to Anagram Drive. Motion carried
unanimously.
VH. PETITIONS, REQUESTS AND COMMUNICATIONS
VM. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COAD TTEES
IX.APPOEWMENTS
A. Human Rights & Services Commission - Continued to April 21st meeting.
B. Parks, Recreation & Natural Resources Commission - Continued to April 21st meeting.
X. REPORTS OF OFFICERS
A. Reports of Councilmembers
1. Soccer Fields - Continued to April 21st meeting.
2. Resolution against Legislation Extending Sales Tax to City Purchases - Continued to April
21st meeting.
B. Report of City Manager
1. Goals & Objectives - Continued to April 21st meeting.
2. Guidelines for Appointing Board/Commission members - Continued to April 21st meeting.
3. Update on Fill Permit in Pur ag tort' Creek Recreation Area - Continued to April 21st
meeting.
C. Report of Director of Parks, Recreation & Natural Resource
1. Consideration for Construction of Second Ice Rink
46 On February 4th, the Council authorized a budget maximum of$2.3 million for a second ice
rink at the Community Center. Plans, specifications and cost estimates have been prepared
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based on a December, 1992, operating deadline. Lambert discussed the four actions required
to accomplish this by that deadline.
Questions were raised by Councilmembers regarding the action item requiring a land trade with
the Eden Prairie School District. The property owned by the City, but used by the School
District at the Forest Hills Elementary School, consisted of 2.2 acres, which had been acquired
via a LAWCON grant. lessen questioned whether the City could complete the land trade with
property involved in a LAWCON grant. Lambert stated that there were other land trade
opportunities between the School District and the City, if this particular one was not possible
due to the LAWCON grant.
Concern was expressed by Councilmembers regarding the cost of maintenance for the new ice
arena, and some members stated they would not be in favor of any tax increase for such a
purpose. Staff was challenged to provide for the maintenance within the general operating
budget.
MOTION: Hams moved, seconded by Pidcock, to authorize Staff to 1) seek bids for the ice
rink addition within the proposed budget; 2) request a land trade with the School District for
2.2 acres at Forest Hills Elementary School, if possible, given the underlying LAWCON/HUD
grant; 3)prepare for lease revenue bond project for funding this proposal; and 4) prepare plans
and specifications for the second ice rink at the Community Center.
lessen reiterated the importance of clearing up the LAWCON/HUD matter with respect to any
land trade at Forest Hills Elementary School.
Motion carried unanimously.
D. Report of Director of Planning
1. Summary of Transportation Demand Management Strategy Plan I494 Corridor
Commission - Continued to April 21 st meeting.
E. Report of Director of Public Works
F. Report of City Attorney
XI.OTHER BUSINESS
XIC.ADTOURNMENT
MOTION: lessen moved, seconded by Pidcock, to adjourn the meeting. Motion carried
unanimously. The meeting was adjourned at 11:40 P.M.
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