City Council - 09/02/1986 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , SEPTEMBER 2 , 1986 7 :30 PM, SCHOOL ADMINISTRATION BOARD-
ROOM
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
Attorney Roger Pauly, Finance Director
John D . Frane , Planning Director Chris
Enger, Director of Community Services
Robert Lambert , Director of Public Works
Eugene A . Dietz , and Recording Secretary
Jan Nelson
PLEDGE OF ALLEGIANCE
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ROLL CALL: Councilmember Pidcock arrived at 8 :15 PM.
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX . A . 1 .
Bentley -. Reconsideration of previous action regarding goose
hunting on Olympic Hills; IX . A . 2 Anderson - Informational
meeting on lake levels; IX . E . Resolution No . -2 re A
, arding Eden Prairie Rideshare prop; IX . B . 2 . Agreement
relating to a lost certified check; IX . E. 2 . LAWCON applica-
tion; IX . E ._ 3 . North Star Hockey Club request .
The following item was deleted from the Agenda: IX . E . 1 .
Edenvale Park Trails System (continued from August 5
MOTION: Anderson moved , seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously.
MOTION: Anderson moved , seconded by Redpath, to continue action
on item IX . E . 1 . Edenvale Park Trails S stem to October 7,
198 Motion carried unanimously .
II . PRESENTATION BY NEIL WEBER, HENNEPIN PARKS COMMISSIONER REPRE-
SENTING EDEN PRAIRIE REGARDING AN UPDATE ON WHAT IS HAPPENING
REGARDING THE REGIONAL PARK PLAN IN EDEN PRAIRIE AND LAKE INNE-
TO NKA
Neil Weber, Hennepin -Parks Commissioner, reviewed the process
that has been started to establish a regional park on Lake
City Council Minutes -2- September 2 , 1986
Minnetonka . He said there will be a series of public meetings
in the communities concerned and he encouraged participation in
those meetings . He said that Bryant Lake Park is the number
one priority for next year's capital improvement program and
that the revised plan for the park will be brought back for
Council review.
Bentley asked about the status of plans showing a mega-park
complex from Hyland Park through Anderson Lakes . Weber said
there was nothing new but that he understood the plans were
still there for such a park .
Anderson said he hoped the county would begin trying to tie in
some tralway systems between cities as there is an opportunity
for a great complex if parks such. as Hyland, Bryant Lake and
Anderson Lakes can be tied together with a trail system.
Weber said he agreed with that concept and suggested that
Director of Community Services Lambert could contact the County
staff and discuss the possibilities for such a system .
III . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 5.
12-8_
MOTION: Anderson moved , seconded by Redpath to approve the
Minutes of the regular City Council Meeting held Tuesday.
August 5, 1986, as published . Motion carried with Bentley
abstaining.
IV . CONSENT CALENDAR
A . Clerk's License List
B . Final plat approval for Westwood Industrial Park 2nd Addn.
between Bur and Carlson Drive Resolution No'. ',d6-223
C . Final Plat approval for Lake Park 2nd Addition west of
CSAH and. South of Timber Lake Dri-y—e-3 Resolution No . 86-
22
D . Prohibition of on street parking on Baker Road between
Roberts Drive and CSAH 2 Resolution No . -225
R
E. Amendment to Transit Agreement.
F . Policies for Preservation of Significant Natural Features
Continued from July 150,
G. Highway 5 Bike/Pedestrian Overpass (Resolution No . 86-222)
H . County Road 4 Bike Trail Grant Request
City Council Minutes -3- September 2, 1986
I . 2nd Reading; of Ordinance No. 43-86 amending City Code
Chapter 8, Section 8 .09, which regulates parking lots and
ramps
J . 2nd Reading of Ordinance No . 44-86 amending- City Code Chap-
ter 7 by adding thereto a new Section 7.0 , which prohibits
motor vehicles from using private property to avoid traffic
control signals and devices
K . PRIMETECH PHASE III, by MRTT Joint Venture . 2nd Reading of u
Ordinance W42-8 , Rezoning from Rural to Office; Approval .
of Developer' s Agreement for Primetech Phase III ; and
Adoption of Resolution #86-234, Authorizing Summary of }
Ordinance #42-86 and Ordering Publication of Said Summary.
5 .86 acres for construction of a five-story office build-
ing. Location: West of Highway #169, east of City West
Parkway . (Ordinance #42-86 , Rezoning; Resolution #86-234,
Authorizing Summary and. Publication) s
L. WINDSONG, by Koosman and Rice Co . 2nd Reading of Ordinance
;37-86,Zoning District Change from Rural to RM-6 .5; Ap-
proval of Developer's Agreement for Windsong; and Adoption
of Resolution #86-203 , Authorizing Summary of Ordinance
#37-86 and Ordering Publication of Said Summary. 12 .03
acres into 20 lots and outlots for construction of 72 mul-
tiple family units . Location: West of Purgatory Creek ,
east of Chestnut Drive . (Ordinance #37-86, Rezoning;
Resolution #86-203 , Authorizing Summary and Publication)
M . SHADY OAK RIDGE, by Joe Ruzic . 2nd Reading of Ordinance
;F38-86, Zoning District Change from RM-6 .5 to Rural and
to R1 -13 .5 ; Approval of Developer' s Agreement for Shady
Oak Ridge ; and Adoption of Resolution #86-235, Authorizing
Summary of Ordinance #38-86 and Ordering Publication of
Said Summary . Zoning District Change from RM-6 .5 and R1-
13 .5 on 9 .5 acres , and from RM-6 .5 to Rural on 2 acres,
and Preliminary Plat of 10 .06 acres into 16 lots and 2 out-
lots for a single family development . Location: North of
Rowland Road , west of Old. Shady Oak Road . (Ordinance #38-
86, Rezoning; Resolution #86-235, Authorizing Summary and
Publication)
MOTION: Anderson moved , seconded by Bentley, to approve
Items A - M on the Consent Calendar. Motion carried unani-
mously .
V. . PUBLIC. HEARINGS
A . PRAIRIE LUTHERAN CHURCH, by Adkins Association, Inc . i
Request for Comprehensive Guide Plan Amendment from Low
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City Council Minutes -4- September 2, 1986
Density Residential to Church on 10 .97 acres, Zoning
District Change from R1-22 to Public on 10 .97 acres, with
variances to be reviewed by the Board. of Appeals, and
Preliminary Plat of 10 .97 acres into one lot for construc-
tion of a church. Location: South of Pioneer Trail, north
of Blossom Road , and east of Bennett Place . (Resolution
#86-231 , Comprehensive Guide Plan Amendment ; Ordinance #46-
86 , Rezoning from Rural to Public ; Resolution #86-232 , y
Preliminary Plat ) t
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Roger Sjobeck, representing proponents, addressed the pro-
posal .
Planning Director Enger said that the Planning Commission
reviewed this item on August 11th and recommended approval a
of the Comprehensive Guide Plan Change and the Zoning Dis-
trict Change subject to the recommendations of the Staff
Report of August 8th. He said the Commission was concerned
about how the elevation and landscaping of the north side
of the structure would be treated . He! said additional ele-
vations have been received and staff believes the changes
made are appropriate and are recommending approval on that
basis . He noted that variance would be required for height
and exterior materials and the Commission recommended that
the height be reviewed against the Flying Cloud airport
height zone . He said staff has completed that review and
there is no conflict .
Enger said the Commission also recommended that a petition
be submitted for the upgrading of Blossom Road including
street construction, sanitary sewer and water service,
that the landscape plan be revised to meet minimum code
requirements and that documentation be submitted regarding
the scheduling of church services in conjunction with Pax
Christi to alleviate traffic problems on Sunday morning. J
Director of Public Works Dietz said that a considerable
amount of discussion had taken place with proponents re-
garding the utlilites . He said that, while there is
trunk sewer and water available, the property has never
been assessed , and so we would not allow the connection
for free . He said there were two alternatives: one, to
extend the utilities through the property north and south
along Blossom Road ; or two, the only extension would be
along Blossom Road from Bennett Place from west to east .
City Council Minutes -5- September 2, 1986
He said it would be necessary to get a special assessment
agreement for the utilities and street improvements on
Blossom Road: therefore , it may be appropriate to order a
Feasibility Study .
Peterson asked if proponents had been asked to petition
for the improvements or if they were being asked to par-
ticipate in the assessments when they are ordered in.
Dietz responded that it could be handled either way as 3
statutes allow for a Feasibility Study if the Council re-
ceives a petition signed byat least 35% of the abutting
properties or if the Council orders the study on its own E
motion. He also noted it would be possible to add this
to the current Feasibility Study on Bennett Place ordered
on August 5th .
Enger said the Council had looked at the intersection of
Blossom and County Road I previously and that the Engineer-
ing Dept . had recommended Blossom Road be relocated oppo-
site Spoon Ridge or end in a cul-de-sac at County Road 1 ,
as outlined in the Staff Memo of August 29, 1986 . He said
that staff is now recommending that Blossom continue to
intersect at County Road 1 .
Redpath asked about the location of the proposedintersec-
tion . Enger replied that it would be moved to the west
and would have a Sao intersection at Spoon Ridge .
Director of Community Services Lambert said the Parks,
Recreation and Natural Resources Commission reviewed this
item on August 18th and recommended approval on a 4-0 vote,
per Planning Staff Recommendations and with a comment on
a trail along County Road 1 . He said there are ;a,s trail
plans on County Road I between Homeward Hills Road and
Franlo but that the most likely location for one would be
on the south side of the road even though it is a diffi-
cult area to build a trail in . He said this would require
some easements along certain portions of the trailway and
so we would need some agreement with the church for that .
He said there is no cash park fee required on rezoning to
public .
Peterson asked Dietz if he was aware of any plans for up-
grading County Road 1 and if the County owns additional
right-of-way along it . Dietz said that he has received no
correspondence from the County requiring additional right-
of-way .
Peterson then asked if we have any idea of what might be
developed on the property to the west . Mr. S3obeck said
City Council Minutes -6- September 2, 1986
that at the Planning Commission meeting it was assumed
the access would be from Bennett Place and that it would
be a single-family development .
Bentley asked Lambert if they were recommending that the
path be built along County Road 1 at this time . Lambert
said no, that they wanted to make sure there was suffi-
cient easement since it is difficult terrain to build a
trail on .
Anderson asked if there wasn't a trail system proposed
there for the long-term plan. Lambert said it was in
the long-term trail plan. Anderson commented that he
believed it had been proposed as long ago as 1975 and
still has not been built .
COUNC ILMEMBER PIDCOCK ARRIVED AT 8 : 15 PM .
Bentley asked Dietz if the drainage in this entire region
is being dealt with adequately because he did not want the
same situation as in the Bluffs area where we are going to
have to create a special assessment district . Dietz said
most drainage is occurring in the county road right-of-way .
Red path asked if the church has to be built of brick .
Enger said that the Board of Appeals has usually granted
variances from the brick, stone or glass required by Code .
Peterson asked what impact the realignment of Blossom Road
would have on the residents and if they had been consulted .
Dietz said the new roadway alignment would be about 35 feet
from the closest home . Enger said Mr . Ray Welter, Jr .
who rents that house was aware of the proposed alignment
and , further, that the location met the normal 30-foot
setback requirement so it would not be an abnormal situa-
tion .
Paul Lawson, 10881 Blossom Road , said he was supportive of
the project when he first heard of it but that he doesn' t
like the access onto Blossom. Road . He reviewed the traffic
situation on County Road 1 and Blossom Road and the diffi-
culties of accessing County Road 1 from Blossom Road . He
said he favored ending Blossom Road as a cul-de-sac .
Frank Cardarelle , owner of two lots south of Blossom Road,
presented a petition for sanitary sewer, watermain, storm
sewer and street paving for Blossom Road . (Attachment A )
Redpath asked if the County would not allow access to
County Road 1 directly from Blossom Road . Enger said that
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City Council Minutes -7- September 2, 1986
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the County wants the situation resolved and would not like
additional accesses to County Road 1 . Dietz said there
are concerns about the sight lines and distances and that
this is something that can be discussed with the County.
Mr . Sjobeck said that he and a representative of the County
Highway Dept . investigated the intersection and their recom-
mendation was to line Blossom up with Spoon Ridge because
the sight lines are better there . Redpath said he thought
it would continue to be a problem until the traffic lights
are put in at Homeward Hills Road and Franlo .
Bentley said he thought what was being recommended by staff
is that we authorize the preparation of a Feasibility Study
on the realignment and upgrading of Blossom Road and that
the Council approval would not occur until after the Feasi-
bility Study is completed . With that in mind, he said he
thought the best way to address this is to go ahead with
the Feasibility Study and assume that all of the safety
concerns would be addressed in that study. Peterson said
he thought approval or denial of this proposal is not con-
tingent on the Feasibility Study.
Redpath asked if they will agree to the water and sewer
assessments . Dietz said he believed they will .
MOTION: Bentley moved, seconded by Redpath , to close the
Public Hearing and to adopt Resolution No . 86-231 , approv-
ing the Comprehensive Guide Plan Amendment from Low Density
Residential to Church on 10 .97 acres . Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Anderson, to give 1st
Reading to Ordinance ##46-86 for Rezoning from Fit-22 to
Public on 10 .97 acres with height and exterior material
variances subject to review by the Board of Appeals . Motion ?
carried unanimously .
MOTION: Bentley moved , seconded by Anderson, to adopt
Resolution No . 86-232 , approving the Preliminary Plat of
Prairie Lutheran Church for Adkins Association, Inc . Motion
carried unanimously.
MOTION: Bentley moved , seconded by Anderson, to direct
staff to prepare a Developer` g Agreement incorporating
Commission and Staff recommendations. Motion carried unani-
mously .
MOTION: Bentley coved, seconded by Anderson, to direct
Staff to prepare a Feasibility Study for street and utility
City Council Minutes -8- September 2 , 1986
improvements on Blossom Road, per the petition received
tonight . Motion carried unanimously .
Anderson asked if we were including the realignment of R.
Blossom Road with Spoon Ridge . The consensus was that
that subject would be covered in the Feasibility Study.
B . 1986 S ecial Assessment Hearing (Resolution No . 86-228)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners on the assessment
rolls had been notified .
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Director of Public Works Dietz reviewed the final project '
costs and assessment rates for each of the two projects
to be assessed . He said the Anderson Lakes Parkway project
had a total cost of $2 . 9 million. of which the City' s share
is $650, 000, and pointed out the area to be assessed on a
map of the project .
Redpath asked why the soil corrections required were not
anticipated because of the soil testing requirements . Dietz
replied that the extremely wet conditions had created many
/ of the problems encountered .
l Pidcock asked if it was possible to ever determine ahead
of time if a project would come in precisely at budget .
Dietz said that wasn't possible because of the unpredic-
tability of the weather and cost increases . He said the
costs for the earthwork were the primary cause of the over-
run for the project .
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Pidcock asked if it would be possible to obtain a second
opinion when additional costs became apparent . Dietz
replied that at the point the problems were found we were
already under contract and couldn' t turn back as develop-
ments along the alignment had started in the approval pro-
cess .
Jim Ostenson, representing Tandem Corporation, said that
they have a problem with the assessments against Outlot C
on the parcel called Westover Woods . He said they had
received a letter from the City dated January 15 , 1986 which
stated that the assessments were going to be $900000 which
they agreed with . He said they were shocked when they re-
ceived the final assessment this morning of $170,000. He
said Tandem Corp. will also be incurring the expense of
dedicating the right-of-way for Cumberland and are paying
for improvements of that road . He said he didn't know how
l they could deal with this kind of costs therefore, their only
alternative is to see if there can be some type of compro-
mise or reevaluation.
City Council Minutes -9- September 2, 1986
Peterson asked what the net effect of the increase was
per lot . Ostenson said it was about $3, 000. Dietz said
that the road was realigned after the Feasibility Study was
drafted so that it was further south and thus the frontage j
of the property concerned may have been affected . He said
that he believed the only way to proceed on this is to offer
the written objection, wait 30 days for the appraisal to
be prepared and then come back on October 7th with a recom-
mendation. Bentley asked if he was suggesting that the
entire assessment be continued . Dietz said just the parcels r
with objections an them.
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Bentley said that , based on past experience when we have
gone through the appeal and appraisal process, the Council
would then have to sit through the hearing and he was con-
cerned that a process be established so that a report of
the results from the hearing could be given to the Council
in lieu of the Council sitting through the hearing. City
Attorney Pauly said he did recall having discussed such a
process but wasn' t sure it had been decided upon.
Peterson asked if the Council would then, in effect , author-
ize a hearing examiner to make a finding and the Council
then would accept , reject or modify the finding. Pauly
said that was correct . Bentley said he thought such a
process should be considered if this appeal gets to the
point of requiring a formal hearing.
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Ostenson said that it was not their desire to get into such
a process . Peterson asked if we would know in sufficient
time to propose an alternative prior to October. Pauly
said he would recommend that if we consider alternatives ,
it should be continued to the next meeting to see the prog-
ress and could then be continued to the October meeting.
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Anderson asked if tonight was the deadline for objecting
to the assessments . Pauly said it was .
Arlyn Grussing, representing Douglas Corporation, said that
they were trying to determine how the assessments were be-
ing applied and that they are encountering difficulties
because most of the negotiations were handled between
Northrup King and the City . He said they need time to re-
view the details of the assessment in order to respond one
way or the other. Dietz said that there had been arrange-
ments with Northrup King on how the assessments would be
split .
Bentley asked Dietz to point out which of the parcels are
being contested . Dietz listed the numbers of the contested $'
parcels.
City Council Minutes -10- September 2 , 1986 .5
Pauly noted that persons objecting have to file a written H
objection tonight . Ostenson and Grussing presented written
objections from their respective companies . (Attachments
B and C )
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Bentley asked Pauly if, when dealing with special assess- a
merits, it was permissible to approve a project before we
approve the overall resolution. Pauly said lie would sug-
gest the specific projects be excepted from the description m
and continued until the next meeting.
Pidcock asked if there is anyway we can put safeguards in
future projects so that they won't come in 5O% over. Peter-
son said he wasn't aware of any . Dietz said the only alter-
native would be to set a cap on what was to be assessed
and the City would pay the rest . A discussion followed
regarding the feasibility of such safeguards . A
MOTION: Bentley moved , seconded by Redpath , to approve
I.C . 52--035 with the exception of the following parcels
to which written objections have been received and to con-
tinue the excepted parcels to the next meeting:
:
22-116-22 12 0001
22-116-22 14 0003
2.2-116-22 14 0004
22-116-22 14 0005
Motion carried unanimously.
Bentley noted that he hoped Mr . Dietz and Mr. Pauly would
make arrangements so that the Council would not have to sit
through a formal hearing process if it appears that such a
hearing will be required .
Dietz said the second project dealt with improvements on
Edenvale Blvd . and Tanager Lane and that the ma.jority of
the total cost of $383 , 000 would be paid by the developer,
except for $22 ,745 that would be paid by the City.
MOTION: Redpath moved , seconded by Pidcock to approve
I .0 . 52-060 . Motion carried unanimously .
Dietz reviewed the items included in the list of supple-
mentals . He noted the letter from Mr. Al Herlitz objecting
to the assessment on the Alpine Village parcel with an
accompanying letter in which he withdrew his application
for zoning for the project= therefore Dietz recommended
f that the assessment be deleted from consideration.
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City Council Minutes -I1- September 2, 1986
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MOTION: Bentley moved, seconded by Pidcock, to approve
-the Supplemental Assessments except for parcel No . 05-116- a'
22 44 0021 which will be deleted . Motion carried unani-
mously .
MOTION.- Bentley moved, seconded by Anderson, to close
the Public Hearing and to adopt Resolution No . 86-228
approving the 1986 Special Assessments . Motion carried
unanimously .
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V I . PAYMENT OF CLAIMS NOS . 29300 - 29576
Pidcock asked if Item 29342 paid to the Ambassador Hotel for
meeting expenses on the Canine Regional Trials should come
from the Police Dept . budget . The consensus was that it should
not . Anderson noted that at a special meeting he attended
last week regarding the locating of narcotics it was mentioned
that the finest dog in the metropolitan area for finding nar-
cotics is from Eden Prairie .
MOTION: Andersen moved, seconded by Pidcock, to approve the
Payment of Claims Nos . 29300 - 29576. Roll call vote : Ander-
son, Bentley, Pidcock and Peterson voted "aye~; Redpath abstained
on Item 29576 (Wilson Tanner Incentives) . Motion carried .
VII . PETITIONS , REQUESTS & COMMUNICATIONS
A . Petition from Jack McKusky for a sidewalk along Woodland
Drive
Director of Community Services Lambert said that Mr. McKusky
is a fourth grader who attended the Parks, Recreation &
Natural Resources meeting and presented his petition for
a sidewalk along Woodland Drive . He said the Parks Commis-
sion recommended that the Council order a Feasibility Study
to determine the project cost and how it would be paid for .
Lambert noted that we have never put in a five-foot con-
-rete sidewalk in an existing neighborhood but we have put
in eight-foot hiking/biking trails . He said that it could
be funded out of the general fund or as an assessment proj-
ect and that it makes some sense to put it in there because
of the traffic to the park .
. Peterson said he had not seen any recommendation as to
whose responsibility it would be to keep the sidewalk
cleared . Lambert said it would be the City' s but that
we do not have the smaller equipment required to clear
sidewalks .
City Council Minutes --12- September 2, 1986
Dietz said he was concerned about setting a precedent if
an assessment is not made . Bentley noted that the Feasi-
bility Study would determine how best to pay for it .
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Anderson asked what the Feasibility Study would cost . Dietz
responded that it would probably take one staff member about
a week to do it .
MOTION: Bentley moved, seconded by Pidcock, to direct
staff to prepare a Feasibility Study for a sidewalk along
Woodland Drive .
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Redpath said he thought the neighbors should have some voice
in whether they have a sidewalk or not . Dietz said he
thought those who signed the petition were not aware of a
possible assessment and so the Feasibility Study would be
done on motion by the Council rather than by petition .
VOTE ON THE MOTION: Motion carried unanimously.
B . Edenvale 9th Addition, Outlot C Grading, Plan
Kay Schumacher, representing proponent , reviewed the re-
quest for grading on the southeast corner of Edenvale In-
dustrial Park .
Redpath questioned whether the Council had ever intended
office/warehouse use for the site and said he felt that such
a prominent site deserved something "great" . Schumacher
said they were not proposing office/warehouse but rather
something like regional office and that they are proposing
only finish grading so that a road can be put in .
Bentley noted that the original Guide Plan called for office
only and that probably would have been the best use but that
it was changed to an intermixing of office and office/ware-
house . He said he noted that mass grading had occurred some-
where along the line on the site now being developed and he
did not recall having approved such a mass grading at any
-time . He said now we ' re talking about mass grading on the
east side of the site including knocking the top off a
very prominent land feature without a specific development
plan for that site and that he was opposed to that sort of
speculative grading and development .
Anderson said that much of the natural terrain in this area
has been changed as a result of repeated requests to remove
hills, trees and other features . He said the one part that
remains there should stay the same so that we don' t lose j
any more of the quality of our City or our environment .
City Council Minutes -13- September 2, 1986
Pidcock said she was totally appalled to see that hill go
down and she would not vote for any new grading before we
have a specific plan for development .
Redpath noted that we had told them last year to come back
when they had some definite plans .
Schumacher said he %was proud of what they 've done and felt
they have donated land and preserved many land features for
the City while creating places for people to live and work.
He said there would be very little perceptible difference
to the site once the proposed grading is completed .
Anderson said he had seen that other cities can build f
around natural terrain. He said we have knocked down four
or five of our largest hills and so we need to hang on to
what we have .
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Peterson said his understanding was that they wanted to
take material off the top of the hill to build a road and
level some portions of the site . Schumacher replied that
what they are proposing was consistent with the grading
and utility permits they already received .
Pidcock said that , while it may be true that they own the
hill and the Council can only approve what is in our domain,
we do represent the people and our charge is to retain the
features of the City as best we can with a view to the
profitability of the developers but also with the best
interests of the citizens of Eden Prairie in mind . Schu-
macher replied that they have a very large investment in
the community and he thought the topography issue was only
part of the issue and that they were only asking for modi-
fications to the existing grading plans .
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Planning Director Enger said that the grading plan that wa3
approved was done based upon a development plan.
MOTION: Bentley moved, seconded by Pidcock, to deny the
request for permission to grade the Edenvale 9th Addition,
Outlot C . Motion carried unanimously .
C . Petition from residents of Cardinal Creek per-taining to
lowering of speed limits n their area
City Manager Jullie noted the petition received from resi-
dents of the Cardinal Creek area requesting that the speed
limit in their neighborhood be lowered to 20 MPH. He said
{ state law requires that all residential streets not be
City Council Minutes -14- September 2, 1986
posted less than 30 MPH unless there are special circum-
stances , as determined from a review by the Dept . of
Transportation. He said Public Safety reported that when
they ticket speeders, typically those speeding are from
the local neighborhood and that he believed there are other
ways to approach the situation other than lowering the speed
limit to 20 I+iPH.
Karen Swigart, 13184 Cardinal Creek Rd . , said that people
drive faster than they should in the neighborhood and they
are concerned about the safety of their children. She said
they had organized the petition on the suggestion of the
Police Dept . but that they are open to other means of allevi-
ating the situation.
Peterson asked if there were specific instances of close
calls . Swigart said there had been several, particularly
along the curve coming up Cardinal Creek and in the area
down Sand Ridge Rd .
Bentley said that pressure from neighborhood residents might
be the most effective means of discouraging speeders .
Peterson said that Public Safety might be encouraged to spend
more time over there and that neighbors should continue to
harrass speeders . Swigart said there had been some unfor-
tunate incidents involving speeders and neighbors who spoke
to them about speeding.
Anderson said there is the possibility of putting stop signs
at intersections where several streets come together and that
he thought there was quite a bit of free movement in the area
now. Swigart said she thought they would accept stop signs
as a solution.
MOTION: Bentley moved, seconded by Redpath, to direct staff
to review the situation and return to Council at the first
meeting in October with suggestions as to how the problem
might be addressed . Motion carried unanimously .
VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
IX . REPORTS OF OFFICERS , BOARDS AND COMMISSIONS
A . Reports of Council Members
1 . Bentley -.. Reconsideratian of previous action regarding
( goose hunting on Olymp c Ha is
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City Council Minutes -15- September 2 , 1986
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Bentley said that the question of hunting geese at
Olympic Hills has raised the ire of many people and
there seems to be a great deal of misunderstanding as
to what was proposed . He said he thought there were
some valid questions raised as to the actual effective-
ness of the proposed hunt; therefore he wanted to take
a second look at the issue .
MOTION: Bentley moved , seconded by Peterson, to recon-
sider the previous action concerning goose hunting at
Olympic Hills, to set the item as a Public Meeting at
the next Council meeting, and to direct staff to notify
residents in the surrounding area of the meeting.
Redpath said he would go along with the informational
meeting because of the lack of information on the hunt
by most residents but not with reconsidering the action.
Peterson said he supported the reconsideration because
he questioned the efficacy- of this type of program.
Redpath said he thought we should go along with the
recommendations made by the experts who were present
at the previous meeting. Pidcock said she agreed with
not reconsidering the action since we did have expert
advice on this, and that she also thought an informa-
tional meeting would be appropriate .
Peterson said he was satisfied it is not a safety issue
but rather a question of the results obtained .
Anderson said that the D .N .R . was concerned as far back
as July. that what they have asked for is a chance to
obtain more information on the effectiveness of such a
hunt , and that it would be a one-time experiment to
find out how it ' s going to work . He said he would agree
to having an open meeting but not to reconsidering the
action.
Director of Community Services Lambert said he didn't
think any more information on the effectiveness of the
hunt would be obtained in a two -week period . He said
we would have to begin a trap and transfer plan if we
are going to remove them pgrmanently . Peterson asked
if there was a way to determine if those geese shot
were long-term residents of Olympic Hills. Anderson
said he believed there were some that have leg or neck t .
bands that would provide a means of identification.
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City Council Minutes -16- September 2, 1986
Bentley said he was concerned that the residents in
the area were not properly informed before a decision
was made and that there are some better long-term al-
ternatives .
A general discussion followed as to what was meant by
the motion on the floor. The consensus was that the
motion was to reconsider the approval of the hunt and
to set a Public Meeting for the next regular Council
meeting to review and discuss the proposal .
VOTE ON THE MOTION: Motion failed with Redpath,
Pidcock and Anderson opposing.
MOTION: Redpath moved , seconded by Anderson, to set
an informational meeting to be held on Thursday, Sep-
tember 21 , 1986 to provide information to the public
regarding plans for the goose hunt at Olympic Hills .
Motion carried unanimously.
Lambert asked if we wanted all the experts to attend .
Peterson said yes and that residents should be sent
notices of the meeting.
2 . Anderson - Informational meeting on lake levels
Anderson said some residents had expressed concerns
regarding the effect of stabilizing the water levels
on their property and they wanted some input with the
Watershed District and the D .N.R. He said he thought
that was reasonable and that we should have a Public
Meeting to provide information. Peterson asked if
that could be combined with the Chain of Lakes study
meeting. Anderson said he thought it was part of that
study and that he had told the residents they were en-
titled to the information .
City Manager Jullie said he thought we could have some
sort of informational hearing as part of the design
phase to show residents what is proposed and to get
input before it is finalized .
MOTION: Anderson moved , seconded by Redpath, to have
an informational meeting regarding lake levels and the
Chain of Lakes study proposals, with details as to
date and location to be set by staff. Motion carried
unanimously.
Pidcock asked if we are planning to give any award or cer-
tificate of bravery to the man who rescued the truck driver
from the truck accident on Hwy. 169 . Jullie said the Awards
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City Council Minutes -17- September 2, 1986
Committee is reviewing the situation and will come back
with a recommendation. ,
ry
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Pidcock referred to a letter the Council received from u
Trevor Gettelm-an regarding setting a speed limit higher
than 30 MPH on roads such as Anderson Ickes Parkway. She
asked Staff to get back to the Council in a month as to the
possibility of a higher speed limit .
B . Report of City Manager
1 . Resolution No 86-Q6 reggrdin Eden Prairie Rideshare
a
program
City Manager Jullie said this is an amendment of a
prior resolution sponsoring a request for funding from
the Minnesota Dept . of Energy and Economic Development
s (MDEED) for the Rideshare program run by the Eden
Prairie Chamber of Commerce . He said MDEED reviewed
the resolution and determined that it should include
the direction that the City Council ;could appoint the
Chamber 's Transportation Committee to be the Community
Energy Council . He said this new resolution includes
that direction.
MOTION: Bentley moved , seconded by Pidcock, to adopt
Resolution No . 86-236 sponsoring a request for funding
by the Minnesota Department of Energy and Economic
Development for Eden Prairie Rideshare . Motion carried
unanimously.
2 . Agreement relating to a lost certified check
Jullie said the City supposedly received a certified
check for $62, 000 with regard to a development I .R.B .
He said Staff doesn't recall receiving it and can't
V.nd it . He said that the persons whp provided the
check are asking us to enter into an agreement that,
should we find it , we will not cash it and that the
agreement had been checked by Mr. Pauly.
MOTION: Bentley moved , seconded by Anderson, to ap-
prove the agreement relating to the last certified
check . Motion carried unanimously.
Jullie reported that they are working on the City budget
and should have it ready in a couple of weeks .
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City Council Minutes -18- September 2 , 1986
C . Report of City Attorney
City Attorney Pauly . s report was given at the special
session following the meeting.
D . Report of Director of Public Works
1 . Award contract for Hidden Glen 3rd Addition I .C .
2-102 south of Townline Road and ad "acent to Dell
Road Resolution No . -22
Director of Public Works Dietz said Staff is recom- f
mending; that the contract be awarded to the Nodland
Construction Co . , Inc . , who submitted the lowest bid
for the improvements . He said the bid was slightly
under the engineer' s estimate and that it was a 10O%
petition project .
MOTION: Pidcock moved , seconded by Bentley, to adopt
Resolution No . 86-226 accepting the bid of Nodland
Construction Co . , Inc . for I .0 . 52-102, Hidden Glen
3rd Addition improvements . Motion carried unanimously .
2 . Award contract for Valley View Road west of Golden
Triangle Drive, I .C . 52-0 9 Resolution No . -227
Director of Public Works Dietz reviewed the project
and said that only two bids were received . He said
the bids were 35% over the engineer` s estimate in the
Feasibility Study . He said that no one is in a real
hurry to complete this project and so Staff is recom-
mending that all bids be rejected and the project be
returned, to Staff and consultants for appropriate
changes and then repeat the process. .
MOTION: Bentley moved , seconded by Pidcock, to reject
all bids for I .0 . 52-089 and. return the project to
Staff and consultants in order to make appropriate
changes in the project . Motion carried unanimously .
3 . Plan a roval TH 169 improvements between CSAH 1 and
Prairie Center Drive Resolution No . -21 Contin-
ued from August 90
1986
Director of Public Works Dietz noted that this item
was continued from the August 19th meeting. He pointed
out the proposed layout on a map of the project . He
said there was a median down the entire length of the
project and that the road was supposed to have been
( under construction this year. He said the State is
City Council Minutes -19- September 2 , 1986
asking for approval of the plan so that they can go
into the final design stage and acquire the necessary
right-of-way.
{
Dietz said the State held a public meeting in July and
all adjacent property owners were notified of the meet-
ing. He said , because of some of the concerns expressed,
he had suggested that the driveways in the vicinity of
Modern Tire be consolidated into one location on a
reserved right-of-way going back to the east off 169.
He reviewed other concerns expressed by residents at
the July meeting.
Peterson asked what access the residents will have .
Dietz said that the residents on the east side of the
road were concerned about left turns into their prop-
erty . He said one median cut is proposed in that area
and that the location of the cut is still subject to
our direction.
d
Peterson asked if there would be a service road for
the properties . Dietz said Columbine Road will tie in
as a frontage road on the west side but there is no fron-
tage road on the east side . creating a possible safety
problem .
Peterson asked if there wasn' t a way to provide a 12-16
foot common drive paralleling the highway that would
serve the residents . Dietz replied that the State said
there isn't and they are proposing the seven driveways
have right-in, right-out turns . Bentley suggested that
a strong recommendation from us to combine the drive-
ways by building a driveway quality roadway to consoli-
date all of thc:: eight cause the State to reconsider.
Dietz said there were two property owners who were con-
cerned about having to make a U-turn . A discussion
followed regarding the proposed median cut and concerns r
regarding safety.
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Dietz noted that he had asked them to consider doing an
urban section rather than rural section but that they {
said the cost was prohibitive for curb, gutter and storm
sewer as opposed to additional right-of-way.
Dietz said Staff had also asked them to consider a bike
path/trailway system on the west side and that, after
studying it , the State responded that there would have
to be some cost participation from the City. He said
the estimated cost was about $2259000 for the section
from Prairie Center Drive to County Road #1 and that
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City Council Minutes -20- September 2, 1986
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$130 ,000 of the cost was for extra right-of-way . He
said Staff intends to pursue the trailway issue and see
if it can be fit into the plan.
MOTION: Redpath moved , seconded by Anderson, to adopt
Resolution No. 86-216 approving preliminary plans for
TH 169 improvements between CSAH I and Prairie Center
Drive , with the addition of the Staff recommendations
regarding the consolidation of driveways and the pro-
posed trailway system . Motion carried unanimously .
4 . Plan approval, Dell Road/184th Street from TH5, north m
Dietz referred to the Letter of August 22nd from the
City of Chanhassen in which they propose constructing
a portion of the Dell Road/W. 184th Street alignment
and ask for our concurrence on the construction plans.
He said the developer who owns The Press wants to develop
the industrial area as part of a redevelopment project ;
therefore some funds are available for improvements for
road access into the area. He then reviewed the details
of the project which calls for Chanhassen to build
their part at their expense and Eden Prairie ultimately
to build our part at our expense .
MOTION: Pidcock moved , seconded by Bentley, to concur
with the proposed design plans for Dell Road/"W. 184th St .
as proposed by the City of Chanhassen with the under-
standing that at some time in the future we will have
some obligation in the development of that roadway.
Bentley commented that he thought this was one of the
most important connections in each City and that he
was glad to see them going ahead with their portion
since joint development of this road has been discussed
for a long time .
VOTE ON THE MOTION: Motion carried unanimously.
E. Report of Director of Community Services
1 . Edenvale Park Trails S stem (continued from August 5,
1986 )
This item was deleted from the Agenda and was continued
to the October 7th meeting under Item I.
2 . LAWCON Application
Director of Community Services Lambert said that earlier a �
this year we submitted an application for a LAWCON grant
to purchase additional land at Riley Lake . He said
City Council Minutes -21- September 2, 1986
because of the additional development added to this
year's application we are now ranked fourth . He said
the project is estimated at $500,000 but there is only
$135 ,000 left available from the grant and so we need
to decide whether to pursue the grant or drop out and
reapply next year.
Peterson asked what the time limit was for the project
development . Lambert said it was three years, with
the possibility of extensions .
Anderson asked what was the precedent set about re-
filing next year. Lambert said there was no prece-
dent but that no points are lost by not going ahead .
Lambert noted that Friday is the deadline for the
grant .
MOTION: Bentley moved , seconded by Anderson, to with-
draw from the application process for this year and
reapply next year.
Anderson asked if the property owners would be willing
to take an option. Lambert said he hadn' t talked to
them about it . Redpath noted he thought the owner would
like to have the property preserved by the City .
VOTE ON THE MOTION: Motion carried unanimously .
MOTION: Anderson moved , seconded by Pidcock, to direct
Staff to investigate the possibility of taking an op-
tion on the property involved . Motion carried unani-
mously.
J • ,•vi vax ✓bg i tiyt.lLC',y CluU fSeg ut is
Lambert said that, under the agreement entered into
with the North Stars regarding hours to be sold to
them, the open skating hours were considered taboo,
but that this year they had requested eight Saturday
afternoons . He said the request was refused but that
they came back with a special request for September 20th
for their training camp.
Anderson asked who would be involved in the training
camp. Lambert said they hhve players drafted from all
over the country coming to the training camp. Anderson
suggested that it could be built up as a special com-
munity event .
Pidcock said she was concerned about setting a prece-
dent by approving this request . Bentley said he thought I
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City Council Minutes -22- September 2, 1986
this wasn't necessarily the case since it would be
billed as a special event . A discussion followed .
regarding the possible precedent ' set by granting
the request .
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MOTION: Red path moved, seconded by Bentley, to ap-
prove this one-time request from the North Star Hockey
Club for Saturday, September 20th on the basis that
it will be considered a community event . Motion car-
ried with Pidcock opposing.
X . NEW BUSINESS
Councilmember Redpath announced that he would not run for re-
election this year.
X1 . ADJOURNMENT
MOTION: Bentley moved, seconded by Pidcock, to adjourn the
meeting at 12 :05 PM to a special session with City Attorney
Pauly to discuss matters in litigation. Motion carried unani-
mously .
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