City Council - 03/25/1986 r
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, t4ARCN 25, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary 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 Attor-
ney Roger Pauly, Finance Director John D.
Frane, Planning Director Chris Enger,
Director of Community Services Robert
Lamhart, Director of Public Works Eugene
A. Dietz - and Recording Secretary Karen
Michael
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PLEDGE OF ALLEGIANCE
ROLL CALL: Counciimembers Anderson and Pidcock were absent.
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were deleted from the Agenda: IV. I . Menard 's
Expansion; IV. J. F1jing Cloud Office Building; IV. K. Tff'e Farm; TV_.C-_
Flood Plain Map; V. R. Cardarelle�TTT Amendment; V. Blb�ono_ay'_s_Toun3Tak
sE Cafes;`V. . �lympic�A�=T�tE_Td�ion and�V. D. of C ass
Tn e�iors.'
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MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and
Other Items of Business as amended and published. Motion carried d
unanimously.
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MOTION: Bentley moved, seconded by Redpath, to continue action on items
IV. I . Menard's Expansion; IV. J . Flying Cloud Office Bui�ld_ina; IV. K. The
Tarm; an . L. - Flood Plain a� to April;1986. M,oEion carrTe"d
unanimously.
MOTION: Bentley moved, seconded by Redpath, to continue action on items
V. A. Cardarelle III Amendment; V. B. _Doonn_M'_s_ Round Lake Estates; V. C.
ITT MP Tic—'Hills�7 h Addition; and V. D. Touch of ZTss Tnter�trs to tFe
pri 5,�'1zS �'fee't�ng "irhe City Count T�otton carrie unanimously.
II . PRESENTATION BY LARRY OPPOLD EXECUTIVE DIRECTOR OF SOUTH HENNEPIN HUMAN
9ERVrn-5 `i3UNCTL Transportation Pro ect an t er-Ttems
Larry Oppold, Executive Director of South Hennepin Human Services Council,
reviewed the goals of the Sout',", Hennepin Human Services Council and gave
an overview of the Council 's activities .
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City Council Minutes -2- March 25, 1986
III . MINUTES
A. City Council Meeting held Tuesday' October 15, 1985 j
MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of
the City Council Meeting held Tuesday, October 15, 1985, as published.
Motion carried unanimously.
B. Special Joint City Council /Watershed Districts Meeting held Tuesda ,
Dece e!r T, -3 885
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
the Special Joint City Council/Watershed Districts ' Meeting held
Tuesday, December 3, 1985, as published. Motion carried unanimously.
IV. CONSENT CALENDAR
A. Clerk 's License List
B. Autumn Woods Special Assessment Agreement
C. Cooperative Signal Agreement with Mn/DOT (Resolution No. 86-51)
D. Revocation and RedesiQnation of CSAH 1 (Resolution No. 86-52)
E. MWCC Permit for solid waste facility at S.E. corner of Townline Road
an n Tan Chi Roa ( elF s67u oir�on No. 96-alj - �-
F. Contract approval for review of BFI "Remedial Investigation"
G. Final_ptat approval for Crossroads Center (Resolution No. 86-54)
H. Final plat aR2roval for Anderson lakes. Commercial Center 2nd Addition
eso ution No. - )
I. MENARD'S EXPANSION by Menard's, Inca 2nd Reading of Ordinance No. 46-
onin4 District Amendment within the Commercial Regional Service
District; approval of Developer's Agreement for Menards; and adoption
of Resolution No. 86-43, authorizing Summary of Ordinance No. 46-85
and ordering publication of Said Summary. Location: Menard's
Building, adjacent to Plaza Drive. (Ordinance No. 46-85, rezoning and
Resolution No. 86-43 - authorizing Summary and Publication) -
continued to April 1, 1986.
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J. FLYING CLOUD OFFICE BUILDING by Oakwood Builders. 2nd Reading of
rdinance No. 1-96. zoningTistrict change from Rural to I-2 Park ;
approval of Developer 's Agreement for Flying Cloud Office Building;
City Council Minutes -3- March 25, 1986
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and adoption of Resolution No. 86-44, authorizing Summary of Ordinance
No. 1-86 and ordering publication of Said Summary. Location: south
of Pioneer Trail, east of Highway #169. (Ordinance No. 1-86 -
rezoning and Resolution No. 86-44 - authorizing Summary and
Publication) - continued to April 1, 1986.
K. THE FARM by Countryside Investments. 2nd Reading of Ordinance No. 5-
9T-, zoning district change from Rural to R1-13.5; approval of
Developer 's Agreement for The Farm; and adoption of Resolution No. 86-
46, authorizing Summary of Ordinance No. 5-86 and ordering publication
of Said Summary. Location: north of Duck Lake Trail, east of King of
Glory Church. (Ordinance No. 5-86 - rezoning and Resolution No. 86-46
- authorizing Summary and Publication) - continued to April 1, 1986
L. FLOOD PLAIN P1AP - 2nd Reading of Ordinance No. 37-85, adopting Federal
nsurance a e ap (FIRM) for Eden Prairie as part of Chapter 11, City
Code - continued to April 1 , 1986
M. Resolution No. 86-40 supporting local outdoor recreation funding
N. 2nd Reading of Ordinance No. 11-86 changing the number of members on
tsie oar of U.Justinents anU_A s fromfivetoo seven
0. Reappointment of four members to the Board of Adjustments and Appeals
one a for one-year erm an tree i•— three-year eT�rms
P. > esoTutlon- No. 6=42 decTarng Apr'i-1�I986 as te2is€ration Awareness
Q. Receive petition for sanitary sewer and watermain improvements to
serve area a7T on�� east side of Road north �of Eden-valeSoulevar-J
and"- auu orize ation o eF asbi�T� fie or�'TC. -
�solution No. 8Z re ar f a
R. Authorize fencing for softball fields at Round Lake Park
S. 1987 LAWCON App 1 i cation
MOTION: Bentley moved, seconded by Redpath, to approve items A - H and M
- S on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning
istrict change from Office to C-Regioanal-Service on one acre for
existing building. Location: northwest quadrant of Regional Center
Road and Eden Road. (Ordinance No. 8-a6 - rezoning) - continued from
February 18 and March 14, 1986 Meetings. - Continued to April 15,
1986.
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City Council Minutes -4- March 25, 1986
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B. DONNAY`S ROUND LAKE ESTATES
by LAD Properties, Inc. Request for
Planned ni eve opmen Concept Amendment from Low Density
Residential to Medium Density Residential on 14.71 acres and Planned
Unit Development District Review on 34.92 acres, Zoning District
change from Rural to R1-13. 5 on 9.58 acres and from Rural to RM-6.5,
with variances, on 14.71 acres and preliminary plat of 34.92 acres,
into 69 lots and one outlot. Location: north of Highway #5, south of }
Lorence Way and west of Atherton Way. (Resolution No. 86-48 - PUD
Concept Amendment, Ordinance No. 12-86 - PUD District and rezoning,
and Resolution No. 86-49 - preliminary plat) - Continued to April 15,
1986.
C. OLYMPIC HILLS 7TH ADDITION by Olympic Hills Land Corporation. Request
or Zoning istrict c ange from Rural to R1-13.5 on 1.05 acres for
construction of three single family homes. Location: 10602, 10632,
10662 Mount Curve Road. (Ordinance No. 13-86, rezoning) - Continued
to April 15, 1986.
D. TOUCH OF CLASS INTERIORS by Kate and Craig Halverson. Request for
ComprelienTive Guide Plan Amendment from Low Denisty Residential to
Office, and Zoning District change from Rural to Office for an
interior design studio. Location: southwest quadrant of County Roads
#1 and #18. (Resolution No. 86-50 - Comprehensive Guide Plan
Amendment and Ordinance No. 14-86 - rezoning) - Continued to April
15, 1986.
E. Street Name Change West 78th Street (West of TH 169 to Prairie Center
rive) to Technology Drive r finance No. 15-86)
City Manager Jullie stated notice of this Public Hearing had been
published and the six affected property owners had been notified.
Director of Public Works Dietz spoke to the reasons for the change and ?'
addressed the public safety issue. Dietz noted the letter from Foto
Mark which was included in the Council Packet.
Bentley said part of the problem was the fact that West 78th Street
was originally Highway 5.
Dan Kleinpaste, Director of Operations, American Baptist Homes, stated
it will cost his company $3,00O to change its letterhead and other
items. He said they have a five- to seven-year stockpile of brochures
with their West 78th Street address on them. j
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Redpath asked if the change could be structured over a period of time. '
Dietz said it could be done so the change is effective in six months
which would allow those affected to have a longer time to make the
necessary changes. Bentley said that any excuse a company has to send
its clients a mailing helps to keep the name of that business in the
forefront.
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City Council Minutes -5- March 25, 1986
MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to give 1st Reading to Ordinance No. 15-86 with the
provision that this is to become effective on October 1 , 1986. (lotion
carried unanimously.
F. Vacation of Grier Lane (Resolution No. 86-57)
City Manager Jullie said notice of this Public Hearing was published
and owners of the five affected properties were notified.
Director of Public Works Dietz stated this is largely a housekeeping
item.
There were no comments from the audience.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
86-57, vacating of part of Grier Land and adjoining drainage and
utility easements in Darkenwald 1st Addition. Motion carried
unanimously.
G. YEAR XII PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
City Manager Jullie stated notice of this Public Hearing had been
published.
4 Planning Director Enger noted Assistant Planner David Lindahl 's
memorandum dated March 20, 1986, in which this matter was addressed.
Redpath asked how the word gets out that the City has funds available
for rehabilitation. He said he would like to see the amount raised
from $15,000 to $25,000.
Grace Norris, Greater Minneapolis Day Care Association, thanked the
Council for its support and said there is a continuing need in Eden
Prairie for the funds allocated.
Larry Oppold, Director of South Hennepin Human Services Council , said
his agency appreciates the support given by the City to the H.O.M.E.
program.
MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to approve the Proposed Year XII Community Development
Block Grant (CDBG) Program as follows: Home and Outside Maintenance
for the Elderly (H.O.M.E. ) Program, $2031; Greater Minneapolis Day
Care Association (G14DCA) , $6023; Housing Rehabilitation, $25,000' with
the remaining $20,645 to be re-allocated to other participating
Hennepin County communities (Eden Prairie will not be penalized for
not utilizing the funds ) . Motion carried unanimously.
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` VI . PAYMENT OF CLAIMS NOS. 25885 - 26266
MOTION: Bentley moved, seconded by Redpath , to approve the Payment of
Claims Nos . 25885 - 26266. Roll call vote: Bentley, Redpath and Peterson
voted "aye". Motion carried unanimously.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
City Manager Jullie noted the Council had suggested some time ago that
Staff look into employing a firm which would review the City 's risk
management position. He called attention to materials included in the
Council Packet which further outlined the proposal before the Council. l
Brian Coleway, representing Corporate Risk Managers, Inc. , was present to
answer questions.
MOTION: Bentley moved, seconded by Redpath, to approve the Staff
recommendation to retain the risk management services as stated by
Corporate Risk 1anagers, Inc. in its March 20, 1986, letter of proposal.
Roll call vote: Bentley, Redpath and Peterson voted "aye". Motion
carried unanimously.
VI I I . REPORTS OF ADVI SO;'.Y COMIMISSIONS
There were none.
IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Council members
There were no reports.
B. Report of City Manager
1. City 's Housing Code Update
City Manager Jullie said work is in progress on a Housing Code for
the City. The Code will go to the Human Rights and Services
Commission for its review in April and then cone to the City
Council for its review..
2. Proposed Fire Hall Site
City Manager Jullie stated Staff has idenitifed an optional site
for Fire Station No. 4 at the northeast corner of Sunnybrook Road
and Homeward Hills Road. He noted the March 20, 1986, memorandum
in which this matter was discussed.
City Council Minutes -7- March 25, 1986
Bentley asked when Homeward Hills Road might be extended to
provide access to the south. Jullie said the City would hope to
get that underway this Fall.
MOTION: Redpath moved, seconded by Bentley, to direct Staff to
take an option on property located at the northeast corner of
Sunnybrook Road and Homeward Hills Road and that the purchase
price not exceed $50,000; Staff is authorized to execute a
purchase agreement for this property after May 7, 1986. Roll call
vote: Bentley, Redpath and Peterson voted "aye". Motion carried
unanimously.
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3. Update on City Hall Site Selection 6
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City Manager Jullie noted the March 21, 1986, memorandum from
Director of Community Services Lambert regarding this matter.
Jullie called attention to the proposal which the City had s
received in the past few days from Myde/Feeder's Inc. in which
property in the vicinity of Technology Drive and Prairie Center g
Drive was offered as a City Hall site. }
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Peterson suggested Staff be directed to work with the proponent
(Hyde) to come up with a final proposal which would then be
presented to the Council at its meeting on April 1, 1986.
Lambert said he would suggest an option through the date of the
referendum be negotiated. He said he would also like to see the
proponent dedicate his 40 acres of floodplain for the park. t
MOTION: Redpath moved, seconded by Bentley, to direct Staff to }
negotiate with Hyde an option agreement through the date of the
referendum; and to negotiate for the dedication of floodplain for
the park. Motion carried unanimously.
C. Report of City Attorney
City Attorney Pauly noted the Metropolitan Council had authorized
Staff to enjoin the City of Eden Prairie regarding the Landfill suit.
D. Report of Director of Community Services
1. Lighting 2 softball fields at Round Lake Park
Director of Community Services Lambert called attention to his
memorandum of February 27, 1986, in which this matter was
addressed,
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City Council Minutes -8- March 25, 1986
MOTION: Redpath moved seconded b Bentley, to accept the
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recommendation of Staff and to accept the low bid of Gunnar
Electric for design number two, a six-pole lighting system, for a
total cost of $54,537, for lighting the softball fields at Round
Lake Park. Roll call vote: Bentley, Redpath and Peterson voted
"aye". Motion carried unanimously.
2. BMX Races
Director of Community Services Lambert addressed his memorandum
dated March 20, 1986, in which this matter was discussed.
Gary Anderson, spokesman for the BMX Association, spoke to the
need for more organized racing which is what is proposed by David
Fischer, Hawk BMX of Shakopee.
Redpath asked about the insurance coverage. Gary Anderson said
insurance coverage is included in the fees which are paid by the
individual participants; coverage is for 365 days per year, 24
hours per day.
Lambert noted the Parks, Recreation & Natural Resources Commission
had voted to recommend approval on a race-by-race basis with
someone from City Staff to monitor the situation. Lambert said he
j had discussed with Skip Lane, the City 's insurance agent, whether
@._ or not the BMX license holder is registered in the State of
Minnesota. Lambert said the policy held by the Fischer is for $1
million.
MOTION: Bentley moved, seconded by Redpath, to approve the
request of the Eden Prairie BMX Association subject to the
following: 1) the BMX Association can provide liability insurance
that is approved by the City 's insurance consultant; 2) the Eden
Prairie BMX Association and Hawk BMX can prove to City Staff that
each race if a non-profit event, and will allow the City Staff to
review all receipts for trophies and other expenses associated
with each race, as well as review of the revenue from that race;
3) that no concession be operated at that track other than a
concession approved by the Director of Community Services, and
that is operated by an Eden Prairie non-profit public service
organization; 4) that no Eden Prairie child is charged for any
single point race other than the initial insurance fee; 5) that
the Eden Prairie Community Services'Staff monitor each race to
ensure the races are being operated per the requirements of the
City Council ; 6) that the race operator provide City Staff a list
of the total number that participate in each race and a list of
the names and addressed of the Eden Prairie children participating
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City Council Minutes -9- March 25, 1986
in the race; and 7) that at the end of the season the Eden Prairie BMX
Association submit a report to the Parks, Recreation & Natural Resources
Commission that indicates the number of children in Eden Prairie who
participated in each race to ensure that a significant number of Eden Prairie
children are being served by this use of public facilities. Motion carried
unanimously.
X. NEW BUSINESS
There was none.
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at
9:35 p.m. Motion carried unanimously.
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