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