City Council - 03/05/1985 C
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 5, 1985 7:30 P.M. SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George
Bentley, Patricia Pidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawson, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger. Director of Community Ser-
vices Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary Karen
Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: X . B. 1. Proposed. Changes in the
Fitness Program for Employees.
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other
Items of Business as amended and published Motion carried unanimously.
II . MINUTES
A. Minutes of City Council Meetingh eld Tuesday, January 8 1985
Page 6, line 8: change "Purgatory" to "Nine Mile Creek"
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
the City Council Meeting held Tuesday, January 8, 1985, as amended and
published. Motion carried unanimously.
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III . CONSENT CALENDAR
A. Clerk' s License List
B. Resolution authorizing preparation of Feasibility Report Receiving Reports
and Setting Public Hearing for April 2, 1985, at 7;30 p.m. , for Preserve
Boulevard Improvements between Prairie Center Drive and Anderson Lakes
Parkway, I .C. 52-071 Resolution No. 85-68
City Council Minutes -2- March 5 , 1985
C. 2nd Reading of Ordinance No. 6-85, changing the name of Birch Island Road
between Edenvale Boulevard and County Road 67 to Indian Chief Road
D. Final Plat approval for Scenic Heights West (Resolution No. 85-70)
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E. Final Plat approval for Ashland Oil Addition (Resolution No . 85-71)
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F. Advertise for bids for final phase of Staring Lake Bike Trail
G. Approval of contract for services for Cummins/Grill Project
H. ROBERTS LITHO by Hot Development. 2nd Reading of Ordinance No. 5-85, zoning
istrict change from Rural to 1-2 Park on approximately 4.7 acres ; approval
of Developer' s Agreement for Roberts Litho, and adoption of Resolution No.
85-67, approving Summary of Ordinance No. 5-85 and ordering publication of
said Summary. 42,500 square foot office/warehouse building. Location:
south of Highway 5, west of Mitchell Road at Technology Drive. (Ordinance
No. 5-85 - rezoning from Rural to I-2 Park and Resolution No. 85-67 - approving f,
Summary and Ordering Publication)
I . Vacation Valley View Road Riqht-of-Wa ' Edenvale 4th Addition (Resolution
No. 85-73
J. Final approvalof Housing Revenue Bonds in the amount of $9 :650 0O0.00
for Eden Commons C asewoo Resolution No. 85- 4
K. "No Smoking" Policy at Community Center
_ MOTION: Bentley moved, seconded by Redpath : to adopt items A - K on the
Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. RESEARCH FARM ADDITION by Northrup King. Request for Comprehensive Guide
Plan Amendment' from Sports Center, Low Density Residential and High Density
Residential to Regional Commercial , Office, Industrial , and Multiple Resi-
dential , for 189+/- acres. Location: west of Highway 169 at Anderson Lakes
Parkway. (Resolution No. 85-53 - approving Comprehensive Guide Plan Amendment)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified. Jul l i e
also noted the Planning Commission has recommended approval based on Alternative
#i3 of the Planning Staff Report dated January 22, 1985, and subject to additional
amendments and additions as detailed on page 7 of the February 11 , 1985, Plan-
ning Commission Minutes.
Edward Roessler, Northrup King, reviewed the background of the project. He
also read a letter from Northrup King to Mayor Wolfgang Penzel dated July
18, 1984, regarding the construction of Anderson Lakes Parkway. He also
noted a letter dated December 7, 1984, to the Mayor and City Council regarding
the impact of the construction of Anderson Lakes Parkway on the sale of this
property.
City Council Minutes -3- March 5, 1985
Dick Putnam, Tandem Corporation, addressed the request. Also present
were Dick Putnam, Tandem Corporation, and Mitch Wonson, Benshoof and
Associates. Wonson addressed the traffic concerns.
Director of Planning Enger stated this request had been reviewed by the
Planning Commission at several meetings; he reviewed the proposals which
had been considered by the Planning Commission. Enger noted that an in-
dustrial proposal had been recommended for denial by the Commission and
the request was subsequently withdrawn (action taken at the November 13,
1984, meeting of the Planning Commission. ) The Commission meeting held
February 11, 1985, was a combination of information gathering and exploration
of what might be best for the site. At that meeting, the Commission indi-
cated it felt strongly that the plan shown by the proponent was not good
for the City. The Planning Commission recommended office use along TH 169
with a combination of medium and low density housing along Purgatory Creek.
Enger explained that the Commission did not wish to deny the proponents '
plan tut rather wanted to make a recommendation as to what it wanted on
this site. Enger called attention to a memo dated March 5, 1985, from
Planning Staff to the City Council . Enger stated the Planning Commission
had voted to recommend approval of a Comprehensive Guide Plan change at
its meeting on February 11, 1985, as per alternative #3 as amended. He
said the Commission would like to have a design framework manual for
this area to further control office and commercial development. Enger
stated the Planning Commission does want to see office zoning in this
area and not office/service, office/warehouse, etc. The Commission would
also like to see the City maintain a great deal of control regarding the
development in this area.
Director of Community Services Lambert indicated the Parks . Recreation &
Natural Resources Commission had reviewed this request at its meeting on
December 17, 1984, at which time two points were raised; 1) the sports
complex designation on the Guide-Plan in the area north of the Vocational
Technical Institute should be removed; and 2) the City should request dedi-
cation of the west side of Purgatory Creek with the east side being pro-
tected via a scenic easement. Lambert noted the proponent had agreed to
that. Lambert stated the March 4, 1985, meeting of the Commission had been
cancelled due to the snow storm; the Commission had intended to look at
this plan in more detail at that time.
Redpath said he had always looked upon this property as being divided into
thirds by usage; he said he felt alternate #3 accomplished that.
Anderson said he felt this was a very visible piece of property. He noted
that this was very visible from the Staring Lake Park Shelter; what the
residents of Eden Prairie have to look at becomes very important. Ander-
son asked if it would be possible for the City to acquire both sides of
the Creek ; he said he felt it would be in the best interests of the City
to do so. Lambert said there is a need for cash park fees to build parks
in this area and rather than the fees, the City might have to accept the
property instead via a density transfer or as a gift, Lambert also said
he would not encourage use of the sides of the Creek because of the steep-
ness of the slope. He said the recommended dedication and scenic easement
appeared to be the best alternative .
City Council Minutes -4- March 5, 1985
Peterson asked Putnam if a compromise could have been reached with the
Planning Commission. Putnam said that Northrup King will do what the City
Council determines is best. Putnam indicated they did not agree with the
alternative's presented by the Commission; they felt the City Council would
come up with something they wou 1 d find acceptable.
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Bentley asked what the basis was for not approving high density residential
on the northern-most portion' of the site. Enger indicated the Planning
Commission felt it wanted to see more of a spread in the density. Bentley
said he would like to see the northeastern portion of the site locked-in
to pure office. He said he felt the commercial site as indicated would
be compatible with that planned for the area across TH 169. Bentley
said the area south of Anderson Lakes Parkway has areas in which the
densities are scaled down; he said he did not know if low density
would be appropriate in that area. Bentley expressed concern regerdi ng
the industrial use and hew it is transi ti oned; he felt there should be a
transition zone further to the west.
Dave Bowers, 15800 Valley View Road, said there seems to be a lot of land
already set aside in Eden Prairie for offices which have not been built.
" He said there is a need for hotels and restaarants which would support
the residential community which is already here and which would be used
by those passing through the City. Bentley noted there is land designated
regional commercial in the Major Center Area which will eventually be
developed as restaurants and hotels.
There was discussion as to the alternatives before the Council and what
the ramifications of each would be. Anderson said he was open to suggestions
however he did not wish to see a mixture of uses on this site. Bentley
said he felt the property should be dealt with in one piece as far as the
change in the Guide Plan was concerned. Bentley said he would like to see
this request continued. Redpath said he would rather not see an industrial
area included; he called attention to the fact this is a concept. Pidcock
asked how many resi.dentfal units were included. Putnam said there would
be between 750 and 900 units which was quite close to the plan proposed
by the Planning Commission.
Enger reviewed the relationship between the need for housing and the
number of jobs created by types of uses based on industrial , commercial ,
etc. and the impact this has on a community. Bentley said he did not feel
Eden Prairie could be looked at as "an island unto itself. " Enger said,
according to a recent study undertaken by the Planning Staff, the total
population for Eden Prairie will be 70,000 and this will be reached by
2025.
Bentley said he did not feel what the Planningi Commission had requested
and what the proponent is requesting are very different; a compromise
should be able to be realized.
City Council Minutes -5- March 5, 1985
MOTION: Redpath moved, seconded by Anderson , to continue action on
this item to the March 19 , 1985, Meeting of the City Council . Motion
carried unanimously. 5
B. FEASIBILITY REPORT, VALLEY VIEW ROAD IMPROVEMENTS BETWEEN MITCHELL ROAD
AND CSAH 4, I.C. 51-272 Resolution No. 85-72 a
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City Manager Jullie stated notice of this Public Hearing had been
published and property owners listed on the preliminary assessment
roll had been notified.
Director of Public Works Dietz addressed the report.
Redpath asked if the City had explored with the railroad company some
way to get the railroad to go alone with the construction of the bypass.
Dietz said the railroad company will not contribute to the bridge with-
out legal action on the part of the City it claims this is a City problem.
Redpath noted that over the years the residents of the Kings Forest area
have expressed their displeasure with Valley View Road and he wondered if
they might be included in the assessment area. Dietz said this had been
looked into; the direct benefit would be hard to prove for these residents .
Redpath asked as to how this project will be coordinated with the plans
for TH 5 and the Crosstown since both of those project will be underway
soon_ Dietz said a shoe-fly would be built to act as a bypass for the
train traffic which now uses graffiti bridge.
Peterson asked what provisions will be made for pedestrian traffic.
Dietz said there will be an 8' hikeway/bikeway on one side of the road
and a 5' concrete sidewalk on the other side.
Pidcock said she would like to see the assessment area enlarged; she
felt it would be of benefit to the whole area. Anderson raised the
same point. City Attorney Pauly stated that the City can only assess
those benefitted -- the special benefit goes to the property. The test
of the assessment is based on the market value before and after the
improvement. Pauly said , from a practical point of view. the area-wide
approach is not valid.
Redpath said there is no question but that the road must be fixed. He
said he thought the issues with the railroad company should be explored
further.
Samuel H. Hertogs , attorney representing Edenvale Golf Club, said they
would like to have an underpass so that golfers/carts can have safe access
to the clubhouse from the back-nine holes of the golf course. He also
indicated the Golf Club would like to be hooked up to Ci ty's sanitary
sewer system. Hertogs noted the problem facing the owners with the water
in the Creek. He said they would eventually like to have a restaurant
in the existin4 clubhouse; this would necessitate staying open year round.
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City Council Minutes -6- flarch 5, 1985
Dietz said the cost of a double underpass would be about $120,000. He
said Staff and the Public Safety Department have concerns regarding
vandalism and crime in underpasses. This could be mitigated be installing
gates at each end of the underpass. Dietz said the sanitary sewer ques-
tion will be looked into as to availability. He noted that the flooding
of the golf course was planned as temporary holding ponds.
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David Seig, 7353 Franklin Circle, expressed concern about the 5' side-
walk shown on the north side of Valley View Road. If this were to be
built, it would remove a row of lilacs which are on his property and
provide screening from Valley View Road. He asked how many Valley View
Road residents had requested this improvement.Seig said the bikers do
not use the present asphalt path which is on the south side of Valley
View Road, He said he does not 'want to see these improvements voted in.
David Bowers, 15800 Valley View Road; said the assessments are less than
he thought they would be. He said he did not feel that Valley View Road
should be improved before the improvements are made to TH 5 because this
will turn Valley View Road into a major thoroughfare while TH 5 is undEr
improvement. He said he felt the City's timing was wrong in this case.
Bentley said that issued had been discussed at length by the Council at
various times . Bentley said the State keeps delaying the time schedule
for the TH 5 improvements; since the City has no jurisdiction over the
time schedule for State projects , it must take care of its own system
which is what this will do. Dietz said the State has been changing the
time lines on TH 5; this year the State will let bids for redoing the
surface -- there is something scheduled for TH 5 from now until 1990.
Fred Hoisington, representing the Chamber of Commerce Transportation
Committee, said that in 1984 the Chamber of Commerce's Board asked the
Transportation Committee to look at the City"s roadway system and its impact
on businesses and residences. The Committee ended up with two major recom-
mendations : 1) Valley View Road should be upgraded prior to work beginning
on TH 5; this will be needed by the residents of the community and 2) Home-
ward Hills Road should be constructed prior to work being done on TH 169.
Hoisington said the Transportation Committee was in support of Staff's
position and recommended that the improvements to Valley View Road be
undertaken as proposed.
Steve Cherne, 6930 Raven Court, asked who owns graffiti bridge. Dietz
said it was built in 1900. While it has not been determined who technically
owns the bridge, Dietz said he felt the City could claim ownership. Cherne
asked if the Valley View improvements would be phased, Dietz said it is
recommended that they be done at one time, Cherne expressed concern about
emergency vehicles having access to the area during the time Valley View
Road would have to be closed. Dietz explained there will be an access
road connecting Edenvale Boulevard to the western portion of Valley View
Road; the portion of Valley View Road which would be closed entirely would
be that east of Edenvale Boulevard to roughly Fairway Drive and would not
affect any residential driveways.
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City Council Minutes -7- March 5, 1985
Ken Sien, 7400 Ontario Bouevard, said once Valley View Road improvements
are made and TH 5 is closed for repairs, metro traffic control will indicate
Valley View Road as a good alternative.
Kay Schumacher, Eden Land Sales, said the closing of Valley View Road
will be something of a hardship for them as they are developing land on
either side of the bridge.
Allan Weyhrauch, 16002 Valley View Road, said he did not feel the widen-
ing of Valley View Road would do anything for the value of his home. He
wondered if the Postal Service would consider moving the mailboxes to the
other side of Valley View Road because he did not want to have to cross a
busy street to get his mail .
Dave Thompson, 16101 Valley View Road, asked if the grade of Valley View
Road would be changed. Dietz said the grade would be flattened from
8% to 7%. Thompson asked why a standard residential street width was
not proposed. Dietz said the City has developed a transportation network
and Valley View Road has been designated a collector street which necessitates
a wider roadway. Thompson asked why the residents should have to paj for
something which was only going to be detrimental . Dietz explained how
the street system is laid out and pointed out that the City can rely on
the State to provide us with local collector streets . Thompson said he
would like to know where the City right-of-way is so that shrubbery in
his yard might be replanted prior to the beginning of construction.
Deb Wargin, 7400 Bittersweet, had a question regarding the width of
the sidewalk and the roadway in relation to her property.
Janet Sieg, 7353 Franklin Circle, asked if it was necessary to have a
sidewalk on the north side of the street. Peterson said the sidewalk
would not generate pedestrians but would accommodate them. Bentley asked
why the sidewalk is being proposed. Dietz noted there have been some
serious pedestrian accidents in this area . Bentley asked what would
happen to the overall plan if a sidewalk were not put in. Anderson said
he felt safe access should be provided from this area to Round Lake Park
as well as the other community facilities west of County Road 4. He
said he felt the Council should be responsible for providing what is
best for the citizens of Eden Prairie.
Bowers asked if there would be a boulevard between the sidewalk and the
curb. Dietz said there would be wherever possible as this provides room
for snow storage; he also noted that a 61 area is too small to support
boulevard trees.
Bernard Neumann, 15917 Valley View Road, asked what would happen to the
bike paths which are now along Valley View Road. Dietz said they would
be removed and replaced as a part of this project.
MOTION: Redpath moved, seconded by Anderson , to close the Public Fearing
and to adopt Resolution No. 85-72, ordering the improvements and Prepara-
tion of plans and specifications for I ,C. 51-272, Valley View. Road improve-
ments between Mitchell Road and CSAH 4. Motion carried unanimously.
City Council Minutes -8- March 5, 1985
V. PAYMENT OF CLAIMS NOS. 18834 - 19080
MOTION: Anderson moved, seconded by Redpath , to approve the Payment of
Claims Nos . 18834 - 19080. Roll call vote: Anderson, Bentley, Pidcock,
Redpath and Peterson voted "aye. " Motion carried unanimously.
VI . ORDINANCES AND RESOLUTIONS k
There were none.
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VII . PETITIONS, REQUESTS & COMMUNICATIONS
There were none.
VIII. REPORTS OF ADVISORY COMMISSIONS
There were none.
IX. APPOINTMENTS
A. Appointment of two additional members to the City Needs Study Committee t
The names of Skip Lane and Rich Anderson were placed in nomination.
MOTION: Anderson moved, seconded by Bentley, to close the nominations
and to appoint Skip Lane and Rich Anderson to the City Needs Study Committee.
Motion carried with Pidcock abstaining.
X. REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. Reports of Council Members
Bentley - noted he had received calls after the last snowstorm from
residents expressing concern about the fact that the snowplows went
through neighborhoods twice which meant residents had to shovel their
driveways twice. He suggested the width of the snowplows be looked
into so that a wider swath could be plowed the first time.
Peterson - reviewed the status of the landfill permit process . He
noted the permit is now before the Pollution Control Agency and it
appears as though it will be granted. Peterson said Representative
Sidney Pauly and Senator Don Storm are introducing legislation which
will require any expansion of the Flying Cloud Landfill to go through
the certificate of need process. Peterson noted that Metropolitan
Council Representative John Harrington had said the Metropolitan Council
is not prepared to handle the process (certificate of need. ) Peterson
also said that he had met with Stan Johannes, a resident of the area
adjacent to the landfill , who expressed a desire to have the concerns
of the neighbors addressed. City Manager Jullie indicated a study of
the leachate protection system will be required and that a liner will be
installed. Anderson said he would like the City to conduct a check of
what is being dumped at the landfi i i . Bentley said BFI has said it
closely monitors what is dumped because they are ultimately liable.
There was discussion as to what the City's role should be in monitoring
what is disposed of at the landfill . The consensus was that the City
Attorney would check into what is the City`s responsibility.
City Council Minutes -9- (larch 5. 1985
B. Report of City Manager
1. Proposed Changes in the Fitness Program for Employees
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City Manager Jullie said legitimate questions had been raised during
the sign up period regarding the method of monitoring and/or adminis-
trating the previously discussed employee fitness program, Jullie
stated Staff would like to restructure the program to eliminate the
one-half hour of release time twice per week for employees using the
facilities at the Community Center. Instead, Staff would consider
and would poll employees about using the Community Center during
non-work periods twice a week. This would allow more flexibility i
for employees and would not create an administrative problem.
Recreation Superintendent Pappas was present to answer questions.
The consensus was that this be explored and brought back to the
Council when Staff has something in final form.
MOTION: Pidcock moved ; seconded by Redpath, to direct Staff to
study the situation further and to report back to the City Council
at an appropriate time. Motion carried unanimously.
C. Report of City Attorney
There was no report.
D. Report of Director of Community Services
1. Petition to Watershed District for Chain of Lakes Project
MOTION: Redpath moved, seconded by Anderson, to approve the petition
to the Watershed Distract for the Chain of Lakes Project, and authorize
Staff to submit this petition to the Riley-Purgatory-Bluff Creek Water-
shed District for a cost not to exceed $22,500. Motion carried unani-
mously.
XI . NEW BUSINESS
MOTION: Pidcock moved, seconded by Anderson, to direct Staff to investigate
the method used by other cities in making appointments .
Redpath said he felt it was the City Council 's responsibility to make appoint-
ments; it was not up to the Staff to tell the Council how it should be done.
Peterson said he would be willing to work on thist he indicated he would vote
"no" on the motion.
The motion was withdrawn by the mover with the consent of the seconder.
XII. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:17 a.m.
Motion carried unanimously .