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City Council - 05/15/1979 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL LSDAY , MAY 15, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Sidney Pauly, Paul Redpath and Dave Osterholt i COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; City Engineer Carl Jul l i e; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. Osterholt was excused from the meeting at 12:55 AM, I. APPROVAL OF AGENDA AivD OTriE'R 1TL1iJ ^vF °USINEcc Mayor Penzel requested that items VII . A. 2nd Reading of Ordinance No. 79-06, United Methodist Church, rezoning .9 acre from Public to R1-22 of an existing home at 15190 Scenic. Heights Road and developer's agreement, VII . B. 2nd Reading of Ordinance No. 79-05, Cardinal Creek by Cardinal Creek Associates, rezoning from Rural to R1-13.5 or 53 acres and developer' s agreement, and VIII_ E. 1. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Cardinal Creek Estates, I .C. 51-355 Resolution No. 79-101 a -placed an the Consent Calendar. Council concurred with Penzel 's request. Osterholt requested that the agenda be amended on item IV. A. to indicate the Super Valu Public Hearing was continued from Ma 1 , 1979 and not A ri1 17 1979 as indicated on the agenda. MOTION: Osterholt moved, seconded by Redpath , to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, APRIL 17, 1979 MOTION: Redpath moved, seconded by Pauly, to approve the City Council minutes from the meeting held Tuesday, April 17, 1979, as 'published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk' s License List B. Final plat approval for Prairie East 7th (Resolution No. 79-97) C. Final plat approval for Prairie East 9th (Resolution No. 79-98) D. Final plat approval for Maple Leaf Acres 7th (Resolution No. 79-99) E. Plans and specifications for utility and street improvements in High Trail Estates, I.C. -322 Reso ution No. 9-100 F. Set Public Hearing for Stewart Sandwiches for June 5, 1979 • •• �^ Inn �..�hnr•i v i nfl narmi t application for Metropolitan tan Waste �_ a ...... Cnwar Council Minutes - 2 - Tues. ,May 15, 1979 III . CONSENT CALENDAR (continued) H. 2nd Reading of Ordinance No. 79-05, United Methodist Church, rezoning .9 acre from Public to R1-22 of an existing home at 15150 Scenic Hei hts Road and developer's agreement formerly item VII. A. I. 2nd Reading of Ordinance No. 79-05, Cardinal Creek by Cardinal Creek Associates , rezoning from Rural to R1 -13.5 for 53 acres and deve o er's agreement formerly item VII. B. J. Receive 100% .petition, order improvements and preparation of plans and specifications for utility and street im rovements in Cardinal Creek Estates, I .C. 51-355 Resolution No. 79-101 formerly item VIII. E. l . MOTION: Osterholt moved, seconded by Edstrom, to approve items A - J on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Super Valu Shopping Center at County Road 18/Anderson Lakes Parkway, request to preliminary plat and rezone from Rural to C-Commercial , 10 acres located in the ii tj cnthwact nadranfi of Anderson I aka-, Parkway an (minty Rnari 1R Tnriiinanra Nn. 7o-ni and Resolution No. 79-22) Continued Public Hearing from May 1 , 1979 i . ` Ulstad explained there was a question raised at the last Council meeting regarding i the legal position the City may have relative to the County denying the request for installation of signals. Since that time Ulstad stated he has been in contact with the City of Bloomington as recent as last Wednesday afternoon, and at their request and invitation he met with the City Manager of Bloomington together with Bloomington's City Attorn ey,at which time a new proposed layout was discussed. The new location would be about 170 feet south of the present intersection (attached as part of minutes along with memo dated May 9, 1979) . Jim Ryan, Ryan Construction Company, stated they were asked to look at the revised alignment to see what affect it would have on their proposal . Basically the proponentrs drawing as shown has been revised to incorporate the new alignment. From Super Valu' s standpoint there is some loss of parking approximately 25 cars, and the proponents have the responsibility within the setback requirements of Eden Prairie to pick up 12 cars across the bottom of the plan, In either case, the proponents surpass the requirement that has been discussed with the City staff and will reach approximately 6 cars per thousand. Ryan reiterated the proponents have agreed to the additional dedication and to the new proposed layout location for the traffic signal at Anderson Lakes Parkway and County Road 18. It is Super Valu's understanding the intersection would be improved; the lights would go in, and Super Valu has committed to an expenditure of $70,060, and The Preserve has committed to an additional $10,000. The other change they have incorporated in this plan is initially there was 75 feet from center line to center line between the two cuts entering the center, now they have relocated their service cut an additional 50 feet to the east making it 125 feet, which seems to be a workable situation. Ryan also addressed the landscaping and screening and answered questions of Council members. Penzel requested City 'Engineer Jullie to give an opinion on the separation of Garrison Way and the service entrance as proposed, as well as the main entrance to the center on the curve. Jullie responded the separation of their service entrance from Garrison Way is 125 feet as proposed and Ordinance No.93 requires 150 feet. Jullie stated he does not see a large traffic volume, it is basically trucks serving the Center. Council Minutes - 3 - Tues. ,May 15, 1979 A. Super Valu Shopping Center (continued) According to Jullie there is- plenty of stacking distance back from County Road 18 at the entrance on the beginning of the curve, which is one of the most important concerns that cars don't stack up on to County Road 18 to get into the Center. !' Jullie noted the grades are relatively flat so that there is not a steep curve where cars would be accelerating and going at higher speeds than would be ! anticipated at an intersection. Jullie felt this is an acceptable design. Osterholt noted the shopping center under consideration has essentially one entrance, or two if you count the service entrance that the truck traffic would use for serving the center; however, there is only one entrance on County Road 18. Therefore all the traffic will be congregated from the proposed shopping mall in one location and this is not the best traffic plan. Jullie added the County required that no access be provided off County Road 18 as they felt access could be gained off of the parkway, thus the County recommended denial of that access. Linda Flavin;-9360 County Road 18, asked the Council to consider the teelings of everyone woo would hp located around the nrnnnsed shoppi nn ranter rl Mvi n av,Ml a;no.� they have put a lot of money in their home and they would be looking directly into the parking lot. Judy Gilberstadt, 9480 Garrison Way, does -not feel the adjacent property owners know about the proposed shopping center and that real estate next to the shopping center would go down. John Wolcott, 9508 Garrison Way, asked what appreciable change the direction of the road made, if any, to berming or snugging the shopping center closer to the houses. Ryan responded they have not changed the layout of the shopping center and the berming is remaining as initially indicated with the exception of the property to be dedicated. Penzel referred to petition received this evening in support of the shopping center and requested same be made part of the minutes. Wolcott asked if the City has done any studies on what the traffic patterns would be from bending Anderson Lakes Parkway? Jullie replied the radius on the curves are about 300 feet on the center line and he felt that was acceptable, and that the grades are relatively flat and that with a good stacking distance of about 400 to 500 feet back from County Road 18 from the entrance he feels it is acceptable. Rick Hester, 9360 Garrison Way, stated it seems a shopping center that size with one intersection and one entrance would have a large amount of traffic, and questioned what it would be like at 4:30 PM in the afternoon when people have to go past it on their way home. Joe Duffy, 9440 Clubhouse Road, spoke in favor of the shopping center as he does not think it is fair to have one shopping center on the far end of town. Tim Pierce, 16669 Honeysuckle Lane, commented if people bought a home and were lead to believe nothing was going to happen at this location, they should have legal recourse against the people that told them. Joe Bilcik, 9432 Clubhouse Road, spoke in favor of the shopping center as now it takes;° him 25 - 30 minutes to get to a grocery store and with the energy problem this is too far to drive. Council Minutes - 4 - Tues. ,May 15, 1979 A. Super Valu Shopping Center (continued) z Don Urban, 11345 Lanewood Circle, explained he bought property in this area for his daughter not knowing a shopping center was being considered at this location. Mr. Urban commented he lived for seven years by Shopper's City in St. Louis Park which people hated because of the semis, garbage and noise. Penzel questioned what would the recommendation be on addressing the concern of the access from County Road 18 to the existing trail into The Preserve? Jullie replied it would be staff's suggestion that when the signalization plans, the widening plans and the improvement of Anderson Lakes Parkway from County Road 18 going to the west are developed, a provision for a 8 foot bituminous trailway to run parrallel with Anderson Lakes Parkway would extend all the way back westerly over to The Preserve underpass trail connnection back by the Trail 's townhouses would be included. Thus, that could be part of the whole improvement package. Ed Sharockman; 9250 Overlook Trail , spoke in favor of the proposed Jerry's Super Valu as he used to shop at the one in Edina and feels it is an excellent store. 3 Further Sharockman felt signing in the area indicated a possibility of such a shopping center happening. MOTION: Redpath moved seconded b Edstrom to close the Public Hearing. Motion P Y �- 9 l carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give a 1st Reading to Ordinance No. 79-01, rezoning 10 acres from Rural to C-Commercial located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 for the Super Valu Shopping Center. Osterholt spoke in opposition to the motion statinq he does feel the imaact on the homes that adjoin the property is severe, the traffic problem is going to accelerate on Anderson Lakes Parkway because it is a poor traffic plan, and it is not in the highest and best use of the land. The land as originally proposed was for a combination of a covenience center and multiple dwelling. Redpath spoke in favor of the motion and commented he agrees this is an intersection which has to be straightened out. Further if people go to Applebaum's store in the Eden Prairie Center the only way people will get there is through Anderson Lakes Parkway, and multiple housing would also make a traffic pattern. This is also a good way to get signalization. Edstrom spoke in favor of the motion commenting this section of Eden Prairie needs this type of development. The City needs a shopping center in this portion of the City for people that are there and *also for those who are moving in. Also from the standpoint of the City, this proposal assists in solving a very difficult transportation 'situation at the intersection of County Road 1.8 and Anderson Lakes Parkway. Pauly spoke in favor of the motion and commented the traffic situation which was originally discussed with the high density multiple use ssn't really that different in the number of trips per day as the shopping center. Pauly stated she was in favor basically for the reasons of the previous PUD, the traffic, and the fact that it has been demonstrated by The Preserve that there are an awful lot of people in the area that do want the shopping center. It appears to be a good project and a project that has been called for in the City' s new guide plan somewhere in that inunediate area. Council Minutes - 5 - Tues. ,May 15, 1979 A. Su er Valu Shopping Center (continued) Penzel comented in weighing the pluses and minuses this makes for a very difficult decision. Ultimately he concluded he is interested in traffic safety for the whole r� City, interested in protecting people as much as possible from things that might affect them in their surroundings, and weighing those things he came to the con- clusion that while he is not crazy about the proposal he will support the motion. Penzel felt the proposal has improved substantially since it was first proposed. MOTION: Redpath moved, seconded by Edstrom, to call the previous question. Motion carried unanimously. 1 VOTE ON MOTION FOR A 1ST READING OF ORDINANCE NO. 79-01 : Redpath, Edstrom, Pauly and Penzel voted "aye" , Osterholt voted "nay Motion carried. Resolution No. 7'_1-22, approving the preliminary plat for the Super Valu Shopping Center, was adopted at the April 3, 1979 Council meeting. Council suggested the proponents consider widening the primary entrance to accommodate the service traffic. patily rentioctPrt Staff an hack to the County with a reauest for a right-in. right-out on County Road 18. MOTIONN: Pauly moved, seconded by Edstrom, to direct staff to draft a developer's agreement including recommendations of the Staff Report dated 7/21/78, the Planning Commission and Parks , Recreation & Natural Resources Commission recommendations, shielding of the dock area and disposal areas, the bicycle trail along Anderson Lakes Parkway from County Road 18 to The Preserve underpass, occupancy permits be issued subject to the functioning in;:ersection improvement and the provision of adequate berming to screen the site lines to a minimum in all cases of from 5 feet above the first level of the adjoining properties, and a thorough investigation of the access to Anderson Lakes Parkway particularly as related to the service entrance to be accomplished prior to signing of the developer's agreement. Further that staff be directed to investigate the feasibility of restricting deliveries to no later than 10:00 PM and the store hours to less than 24 hours a day. Motion carried unanimously. 8. Cooperative Power Association, request for PUD approval on I-5 zoned land for exceeding 50 office use and for construction of a tower. Located in the southwest corner of Mitchell Road and T.N. 5 Resolution No. 79-93 Don Brauer, Brauer & Associates, Ltd.. ,Inc. , spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was reviewed by the Planning Commission at their April 9th meeting and was recommended for approval to the Council on a 7 - 0 vote subject to items in the April 6th Staff Report. O'sterholt stated he would prefer to see the utilities in the street right-of-way. Larry Harrison, Registered Engineer with Cooperative Power Association, spoke to the brochure entitled "Biological Effects of Microwaves" dated 9/17/65, and commented they have filed and received approval from the Federal Aviation Administration for the erection of the tower and it does not have to be marked with lights or anything. Redpath referred to his conversation with Mr. Fred Schmidt, 15101 West 78th Street, who was present at the meeting earlier. At that time Mr. Schmidt indicated he does not have any problem with the proposal . Council Minutes - 6 - Tues. ,May 15, 1979 B. Cooperative Power Association (continued) Mr. Brauer answered concerns Mr. Wineberg, 7900 Mitchell Road, had regarding the pond on the bulk of his property and explained they would try to maintain the level that the pond is at now which is below the existing vegetation. Osterholt referred to District. Engineer Crawford's letter dated March 21 , 1979 (attached as part of minutes) . Osterholt asked if the City has new cost estimates on providing utilities using Mitchell Road upgraded as opposed to the plan presented. Jullie responded City Staff could review how service can be provided to the other properties and maybe this could be included with this project somehow so we know the other properties are taken care of. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing for Cooperative Power Association. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-93 , approving the Cooperative Power Association Planned Unit Development and amending the 1968 Comprehensive Guide Plan. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct Staff to draft a devPlnn-r'-, aarPPment incornnratina recommendations of the Staff Rennrt dateA 4/6/79, that the utilities for sewer and water be worked as per staff recommendations, and that the cash park fee to be paid be those in effect at the time the building permit is issued. Motion carried unanimously. Council asked Staff to request a letter from the State Highway Department regarding the most recent plans for new Trunk Highway #212. C. Immanuel Lutheran Church, request to rezone .8 acre from Public to R1-22 for the existing single family home located at 16515 Luther Wa Ordinance No. 79-13 Bob Hendrickson was present representing Immanuel Lutheran Church and offered to 3 answer questions of Council members. City Planner Enger explained this item was reviewed at the April 9th Planning Commission meeting and was recommended for approval to the Council subject to the conditions of the April 4th Staff Report. Enger noted the church is expecting to carry through an administrative land division. MOTION: Osterholt moved, seconded by Redpath, to close ,the Public Hearing and give a Ist Reading to Ordinance No. 79-13, approvinq the request of Immanuel Lutheran Church to rezone .8 acre from Public to R1-22 for the existing single family home located at 16515 Luther Way, and direct staff to draft a developer's agreement incorporating the recommendations in the April 4th Staff Report. Motion carried unanimously. D. Hartford Real Estate, request for PUD, rezonin from Rural and I-5 to Office and Commercial Regional Service, preliminar at approval , and a rova o , finding no significant impact upon 15 acres. Located west of AndersoF Lakes , south of West 78th Street, and east of Eden Prairie Shopping Center. (Ordinance No. 79-12, ,( Resolution No. 79-91 - EAW, and Resolution No. 79-92 - preliminary plat) Edstrom requested that the following statement be entered into the record; "Prior to September, 1973 1 was associated with the New York law firm of Davis, Polk & Wardwell , which acted as Counsel to ITT, the parent company of the Hartford group. During that period I worked extensively with ITT, including a shall amount of time Council Minutes - 7 - Tues. ,May 15, 1979 D. Hartford Real Estate (continued)_ on questions relating to Hartford, Since 1973 I have had no rel Wonshlp with ITT or Hartford and in my view no present conflict exists, I believe I am in a position to judge the Hartford proposal on its' merits on behalf of the City of Eden Prairie. " Frank Sparicio, Hart Insurance Company, gave a brief background of their company and showed slides of other properties they have throughout the country.. Spa ricio explained he met with two resident groups at two meetings and a lot of concerns were surfaced which helped Hartford to refine their proposal . The proponents have tried to cover no more than 50% of the total land with hard surface covering. Hartford hopes to open the building by January of 1981 if the zoning is favorable. Herb Ketcham, Architect with Architectural. Alliance, representing the proponents, spoke to the landscaping, berming and the proposed development concept plan, including roads and parking area. A scaled model of the proposal was also displayed. ;l City Planner.-Enger explained this item was reviewed at the March 26th and April 9th Planning Commission meetings and was recommended to the Council for approval on a 7 - 0 vote, subject to the items in the Apr ill► 5th Staff Report. Cann" n.e tcri there has been a voluntary Environmental Assessment Worksheet done on this project. The Planning Commission felt that the proposal for the Hartford site was generally consistent with the proposed '79 guide plan update and the Major Center Area Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission reviewed the Hartford proposal on April 2nd and April 16th, . and on April 16, 1979 the Commission recommended approval to the Council contingent on the Planning Staff Report dated April 5th and the Community Services Report dated April 12th. Jim Book, Barton-Ashman Associates , spoke to the use of de-icing chemicals intended to be used at the Hartford development as outlined in communication dated March 30, 1979. Osterholt questioned who would be responsible for cleaning and maintaining the grit chambers for the runoff. Book explained they would be on a regular scheduled maintenance basis and the grounds people will still watch for possible problems which may occur. The City would not be resonsible for this maintenance. Penzel commented since the original conception of The Preserve ana as a standing policy of some vears, the Citv -has pursued the avoidance o` over lonq cul-de-sacs. Given that consideration. Penzel felt it time to carry out the plan and provide for the alternate access to the neighborhood and at least qive people a chance to exit in two directions. He believes the connection of Center Way would be proper at this time and urged the connection be made at the third phase of the proposed road system. George Bentley, 10800 Fieldcrest Drive, spoke in opposition to a direct Center Way connection as Center'Way connects straight down to Anderson Lakes Parkway and Anderson Lakes Parkway is planned on being a major thoroughfare and will be lighted at Highway 169 and County Road 18. Bentley believes in five years it will be a safety hazard with bicyclists, pedestrians and cars as it is the only way to get to the park and to the pool . I MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing on the Hartford Real Estate Company. Motion carried unanimously. Council Minutes - 8 - Tues. ,May 15, 1979 D. Hartford Real Estate (continued) MOTION: Redpath moved, seconded by Pauly, to adopt the 1st Reading of Ordinance No. 79-12, rezoning from Rural and I-5 to Office and Commercial Regional Service for Hartford Real Estate Company. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-91 , finding the Environmental Assessment Worksheet for Hartford Real Estate Company a private action does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-92, approving the preliminary plat for Hartford Real Estate Company. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to direct Staff to draft a developer's agreement incorporating the Planning Staff Report dated April 5, 1979, the Community Services Report dated April 12, 1979, and the Planning Commission and Parks, Recreation & Natural Resources Commission recommendations. Further that 1 the possibility of Center Way be explored for an access. Motion carried a unanimously. ` MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the scheduled 11 :30 PM adjournment time. Motion carried unanimously. E. Bluff's West 3rd & 4th by Hustad Development Corporation. Request for PUD Concept approval , rezoning from Rural to Ri-13.5, RM 6.5 and RM 2.5, preliminary plat ,.. approval for aproximatel,y 640 units on 168.5 acres, and approval of EAW, finding of no si nificant impact. Located north of Bluff's West 2nd and east of Homeward Hills Road. (Resolution No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution No. 19-95 - EAW, and Resolution No. 79-96 - preliminary plat) Dick Putnam, Hustad Development Corporation, spoke to the proposal commentinq that both the Parks , Recreation & Natural Resources Commission and the Planning Commission recommended denial and asked for direction from the Council as to what they would . like to see in this area. The Council felt they were not in a position to tell the proponents how to develop their property; however, would not object to the proponents coming back with alternatives. City Planner Enger explained the Bluff's West 3rd & 4th proposal was heard at 3 consecutive Planning Commission meetings and spoke to the Staff Report dated April 2, 1979. Enger noted the Planning Commission's recommendation was one of denial . Mrs. Koshenina, 10541 Riverview Drive, stated the Planning Commission made it very clear they were to act on the proposal before them, which they did by recommending denial . Putnam requested the- Council continue this item in order to give the proponents a chance to come back with a revision. Enger read motions passed at the Flying Cloud Advisory Commission meeting held right before the Council meeting. (Attached as part of minutes) MOTION: Edstron moved, seconded by Redpath, to refer the Bluff's West 3rd & 4th proposal back to Staff and commissions, and that a new notice of Public Hearing be issued at the time the Public Hearing comes before the Council the 2nd meeting of Aoil v. Mnf-i nn rarrioti unanimrnstl v. Council Minutes - 9 - Tues. ,May 15, 1979 F. Power' s Department Store Wine License !' MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing f on Power's Department Store's request for a wine license. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI . PETITIONS, REQUESTS b COMMUNICATIONS A. Lund Interim Use Agreement Change. American Baptist Homes of the Midwest, Inc. , requesting interim use permit on 7928 Eden Road with expansion of upper level . Mr. Lund spoke to his request to transfer hats interim use permit to the American Baptist Homes of the Midwest. City Planner Enger explained this item was reviewed at the Planning Commission � and the motion recommending approval to the Council was defeated on a 4 - 3 votes Osterholt questioned if the American Baptist Homes are a non-profit/tax exempt organization. Mr. Higgins, Executive Vice President of American Baptist Homes of the Midwest, Inc. , replied in the affirmative Osterholt stated he has some concerns about the assessments in the Major Center Area if* they do in fact qualify as a tax exempt/non-prof i t organization, City Attorney Pauly commented assessments are not exempt by virtue of the exemption for taxation. However, in order that this is understood Pauly suggested that this be a provision in the agreement, Mr. Higgins stated they have worked out an agreement with Mr. Calvin Anderson stipulating they will agree with the City of Eden Prairie and adjoining property owners that they will not object to commercial use for property that would be approved by the Planning Commission and City Council . Penzel requested that this also be included in the City's agreement. MOTION: Edstrom moved, seconded by Pauly, to approve the request of Mr. Lund to" transfer his interim use permit to the American Baptist Homes of the Midwest, Inc. , and direct staff to draw up an interim use agreement. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-06, United Methodist Church, rezoning .9 acre from Public to R1-22 of an existing home at 15 550 Scenic Heights Road and developer's agreement This item was moved to the Consent Calendar ( Item III . H. ) B. 2nd Reading of Ordinance No. 79-05 Cardinal Creek by rdinal Creek Associates rezoning from Rural to R1-13. 5 for 53 acres and developer's agreement This item was moved to the Consent Calendar (Item III . I. ) C. 2nd Reading of Ordinance No. 78-229, Park Dedication Ordinance (Continued from 5/l /79) ,4 This item was continued to the June 5, 1979 Council meeting. Council Minutes - 10 - Tues. ,May 15, 1979 D. 1st Reading of Ordinance No. 79-15, establishing a Code of Ethics for Public Officials of the City of Eden Prairie_ ' General discussion took place regarding Ordinance No. 79-15, and City Attorney Pauly was directed to redraft the ordinance to be brought back before the Council at the June 5th Council meeting. E. Resolution No, 79--103granting final approval for M,I ,D,B 's for Ruben Anderegg in the amount of $550,000.00 MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 79-103, granting final approval for M. I . D.B. 's for Ruben Anderegg in the amount of $550,000.00. Motion carried unanimously. F. Resolution No. 79-104, granting preliminaryapproval for M. I .D.B. 's for Crown Plastics/Hanson-Eggerichs in the amount of 1 ,150,000. 00 MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-104, granting ? preliminary approval for M. I . D.B. 's for Crown Plastics/Hanson-Eggerichs in the amount of $1 ,150,000.00. Redpath, Edstrom and Pauly voted "aye" , Osterholt and Penzei voted "nay" . M"- L'i un carried. G. Resolution No. 79-105, granting preliminaryapproval for M. I .D.B. 's for Suburban National Bank/Suburban Associates in the amount of 1 ,600,000.00 Roy Terwilliger, President of the Suburban National Bank, spoke to the request and answered questions of Council members. Edstrom stated he was a stockholder in Suburban National Bank and since has disposed of that stock. Osterholt commented here is a banking institution taking advantage of the tax situation to go out and promote a bank, and he does not believe that is what the law was intended to do. Edstrom felt that problem had to be resolved at the 1 legislative level . MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 79-105, granting preliminary approval for M. I.D.B. 's for Suburban National Bank/Suburban Associates in the amount of $1 ,600,000.00. Edstrom, Pauly and Penzel voted "'aye" , Osterholt voted "nay" , and Redpath "abstained". Motion carried. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. 4 Appointments of representatives to serve on advisory committee to help reduce the number of alternative route locations for TH 212/169 to be considered in the Draft Environmental Impact Statement Council members appointed the following to serve on the TH 212/169 advisory committee: Councilwoman Sidney Pauly, Don Peterson, Virginia Gartner and Haakon Nyhammer. _.. _ . Council Minutes - 11 - Tues. ,May 15, 1979 N. B. Report of City Manager 1. Discussion on swimming pool fencing r City Manager Ulstad suggested if the Council considers a swimming pool ordinance that the material of the fencing not be specified, other than to state the fence be a certain height to keep intruders out. Lambert explained he had been asked earlier by two residents in the s" audience, Jenny Nicpon, 15981 North Hillcrest Court and Gayle Tyson, 15980 North Hillcrest Court, to relay their recommendations to the Council , i.e. , that the fence be at least a six foot vertical board unclimbable fence and also questioned how the ordinance would affect existing swimming pools. MOTION: Redpath moved, seconded by Edstrom, to direct the City Attorney to draft a swimming pool ordinance for Council 's consideration. Motion carried unanimously. C. Report of City Attorney No report. D. Report of Director of Community Services 1. Valley View Road Bike Trail (continued from 5/1/79) This item was continued to the June 5, 1979 Council meeting. 2. Eden Prairie Stables (continued from 5/l/79) Director of Community Services Lambert reviewed with the Council the Parks, Recreation & Natural Resources Commission's action taken at the May 7th Commission meeting, whereby the Commission recommended to the Council if the Eden Prairie Stables is used as stables that Vo-Tech be granted the Tease, and, if not. then the Hockey Association seems like a good use. The Department of Natural Resources will not address anything that is above the nonnal ordinary high water mark. MOTION: Redpath moved, seconded by Edstrom, to accept the Parks, Recreation & Natural Resoures Commission"s recommendation of May 7th to grant the Vo-Tech the lease for a period of 5 years, and direct staff to draw up a lease agreer•ent incorporating the staff recommendations. Motion carried unanimously. E. Report of City f n9i Weer 1. Recei vj► Inn', petition, order improvements and preparation of plans and s�eci ( if .11Ions for utility and street improvements in Cardinal Creek Estates (Resolution No. 79-101 This itow, way moved to the Consent Calendar (see item III . J. ) F. Report of f ill,'"( a Di rector 1. Di H• ! D.B. Guidelines Genvy r11 'i o ••� ',',- ion took place regarding the memo from Finance Director Frane vi-1 ,1I01 ' ;'vending the MIDB guidelines adopted by the City Council , and Frall.v to questions asked by Council members. u ,� I Council Minutes - 12 - Tues. ,May 15, 1979 1. Discussion on M. I .D.B. Guidelines (continued) Osterholt spoke in favor of the proposed amendments commenting the public . _ or whoever develops is entitled to some formula or some idea of what the City requires, and if we leave it openended then ft becomes the pleasure of the Council . One of the problems is the law has been rewritten and when there is a situation where the mortgage is placed with the private lender, the present guidelines don't apply. Tim Pierce, Acting Chairman of the Development Commission, explained the commission felt no further revisions ought to be put on the guide— lines as additional guidelines might hamper the Council or discourage some worthwhile projects. Redpath felt if each application was taken on its merits, the Council could deny much easier then with the proposed amendments. MOTION: Osterholt moved, seconded by Penzel, to amend the guidelines as outlined.-in memo from Finance Director Frane. Osterhnl t and Penzel vote+ Edstrom, Pauly and Redpath voted "nay". Motion failed. 2. Insurance Proposals MOTION: Redpath moved, seconded by Pauly, to award the bid for Insurance to M. E. Lane as per recommendation of Finance Director Frane in the amount of $131 ,962. 00. Roll Call Vote: Redpath, Pauly, Edstrom and Penzel voted "aye". Motion carried unanimously. (Osterholt had already been excused at the time this vote was taken) 3.. Payment of Claims Nos. 4124 - 4284 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 4124 - 4284. Roll Call Vote: Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. (Osterholt had already been excused at the time this vote was taken) . IX. NEW BUSINESS No new business. X. ADJOURNMENT MOTION: Edstrom moved, seconded by Pauly, to adjourn the Council meeting at 1 :24 AM. Motion carried unanimously. "a MEMO TO: Mayor Penzei and Members of the City Council FROM: Roger Ulstad, City Manager DATE: May 90 1979 SUBJECT: Anderson Lakes Parkway/Co. Rd. 18 Signal Location , On Wednesday, May 9, the Bloomingtod City staff proposed a compromise location for the •traffic signal at Anderson Lakes Parkway and Co. Rd, 18. The new location would be 170 feet south of the present intersection, as shown on the atia'ched drawinna- The curve radii Anderson -kcs Qaik -ra y.s , u Nmmc; would be 300 feet, which is minimal but still acceptable because of the relatively short length of curves to travel. Mr. Klossner from Hennepin County has agreed that this compromise location is acceptable to the County. Mr. Jim Ryan, on behalf of Ryan Construction Co. , has reviewed the new location and finds it acceptable. Mr. Ryan also agreed to move the westerly entrance on Anderson Lakes Parkway to provide 150 feet of separation from Garrison Way, rather than only 75 feet as pre- viously proposed. if the Council chooses to proceed we would recommend that the Council direct the staff to request Hennepin County to revise their preliminary plans and prepare a cooperative agreement based upon the new location. RKU:kh • PROPOSED, SHOPPING CENTER 1 � Mae� , - _ .. t 101 i � ,If I -c � � l CO. RD. 18 _ / 170 t , x ffi PLEASE SIGHN IE YOU WOULD LIFE TO SEA THE SUPER VALU STORE GO UP ON THE SOUTHWE5�' CORKER OF ANDERSONLAKE PORK WAY". NAME ADDRESS ..) ui/ oeoo 13. zm r�qLL jfzo zwee,? qwAx If ao ol �a ,:Pe/ MAI j.51979 3�. 3:� �3 . it _" ;' .a Minnesota - .. �' •,.� a Dc:p�u•t�n���!-�t of Traizshcart��;io:� District 5 2055 No. Lilac Drive Golden Valley, 1 Iinnesota 55422. March 21, 1979 Mr. Rod Sf:ndstrom Chairperson, Planning Commission, City of Eden Prairie a City Hall - - d 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Sundstrom: The Department of Transportation is developing plans for a new Trunk Highway 212 from Eden Prairie to Norwood. One_of thte proposed' alternatives will cross the proposed Cooperative Power Association P.U.D. at its southeast corder. This alignment has many positive features. These features may qualify it as the preferred alternative In the new 1981 new Draft Environmental Impact Statement. We encourage the Planning Commission, City Council and developer -to consult with us to obtain more information. Please call R.- H. Paine, Project Manager (545-3161 ext. 118) , or Susanne Pelly, Planner (ext. 157). Sincerely, ,, t, W. M. Cra:�for , P.E. District Engineer ' WMC zbn AN Equal oppostivaity 6e11ployee '