City Council - 04/21/1987 r
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRII, 21 . 1987 7: 30 PM. CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris , and
Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant
to the City Manager Craig Dawson. City
Attorney Roger Pauly, Finance Director
John D . Frane , Director of Planning
Chris Enger, Director of Community
Services Robert Lambert . Director of
Public Works Eugene A . Dietz , and
Recording Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present .
{ I . APPROVAL OF' AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: I . A . Presenta-
tion on Ice Show at Eden Prairie Community Center; X . A . 1 .
Peterson - Proposed Proclamation rom the Optimist C U;
X . A. 2 . -Peterson - Rescind evious Motion on Strategic
Planning; X . A . Harris - Discussion of Memo Regarding
Referendum- Flyer; X . A . 4. Anderson - Request for Speed
Limit Change on County Road ; X . B . 3 . Set a Special
Meeting to Deal with International School .
MOTION: Harris moved, seconded by Bentley, to approve the
Agenda and Other Items of Business, as amended and published .
Motion carried unanimously.
A . Presentation on Ice Show at Eden Prairie Community Center
Rick Bolinski, Superintendent of Recreation, presented Council-
members with tickets to the upcoming Ice Skating Show at the
Eden Prairie Community Center on May 2 and 3 , 1987 . He said
the figure skating program has grown from 50 members to 4.00
members in just one year .
II . MINUTES
A . City Council Meeting held Tuesday. March 24, 1987 '
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The following change was made to the Minutes: page Five ,
paragraph six, sentence three -- change "McDOT" to "MnDOT" .
City Council Minutes -2- April 21 , 1987
MOTION: Anderson moved, seconded by Bentley, to approve
the Minutes of the Special City Council meeting held
March 24, 1987 , as amended and published . Motion carried
unanimously.
B . City Council Meeting held Tuesday, April 7, 1987
MOTION: Harris moved, seconded by Pidc ock, to approve
the Minutes of the regular City Council meeting held on
April 7, 1987, as published . Motion carried unanimously .
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III . CONSENT CALENDAR
A . Clerk ' s License List
B . Resolution No . 87-100, Proclaiming the week of April 21 -
25 as Local Chamber of Commerce Wee'
C . AMETIDMIE1VT Or CriA Pi E R 11 , CITY CODE . 2nd Reading of
Ordinance No . 9- 7 Amending C ti y Code Chapter 11 , Entitled
Land Use Regulation (Zoning) , and REadoption of City Code
Chapter 11 in its Entirety as Amended Herein, 1 ) by Re-
numbering Several Paragraphs Under Definitions ; 2 ) by
Including Definition for a Maximum Base Area Ratio; 3 ) by
Changing Special Requirements for Filing and Recording of
Legal Descriptions and Zoning District Changes ; 4) by
Including a Column Designating Maximum Base Area Ratio;
5 ) by Amending Mechanical Equipment Screening Standards;
6) by Including Provisions for Required Landscaping in
Residential Districts ; 7 ) by Changing Provisions Relating
to Off-Street Parking Space Requirements for Office Use
and Amending Exterior Material Design Standards to Omit
Factory Fabricated and Finished Metal Framed Panel Con-
struction; 10) by Adding Golf Courses as Permitted Uses
in Rural Districts Exclusively; 11 ) by Providing for a
Maximum Square Footage. Requirement for Supporting Commercial
Sales and Services to Office Users within Large Office
Structures; 12 ) by Adding a Requirement Limiting the
Square Footage Maximums for Neighborhood Commercial Serv-
ices and Community Commercial Services ; 13 ) by Providing
for a Maximum Percentage of Gross Building Area That
Supporting Minor Commercial Uses Can Occupy in Industrial
Districts; 14) by Adding a Requirement to Specify "End
Land Use" After Land Alteration Occurs and Identify Zoning
of Property After Land Alteration Occurs Under Section
Entitled Mining Operation and Land Alteration Regulations ;
15 ) by Providing for a Maximum Size of Name Plates as
Permitted Under Home Occupation Code; 16 ) by Renumbering
Several Paragraphs Under Subdivision 2, Entitled Sign
Permits; 17) by Adding a Definition for Sign Base; 18)
by Adding Area Identification Regulation Criteria Under
City Council Minutes
3 April 21 , 1987
Subdivision 3 Entitled General Provisions ; 19) by Adding
Sign Base Criteria Under Residential Districts ; 21 )
by Amending That Poi pion of the Commercial Sign ordinance
by Consolidating Permitted Commercial Sign Criteria Under -A
One Heading for All Commercial Districts ; 22 ) by Deleting
Paragraph D of Subdivision Four of Section Entitled Sign
Permits; 23 ) by Amending That Portion of the Office Sign
Ordinance by Including Provisions for Wall Signs for Each 4
Elevation and Including Sign Base Criteria; 24) by Adding
Sign Base Criteria to Industrial Districts; 25 ) by Adding
Sign Base Criteria to Public Districts; 26 ) by Relettering
Paragraphs under Section Entitled Sign Permits; 27) by
Adopting Zoning Map Entitled "Zoning Map of the City of
Eden Prairie , " dated January, 1987 ; and 28 ) Read option of
City Code Chapter 11 in its Entirety as Amended Herein.
D . 2nd Reading of Ordinance No . 1 -87, Re eating Section 2 .12
Entitled "Development Commission- , of the City Code
E . TOPVIEW ACRES 5TH ADDITION by Jerrold T . Miller and Cris R .
Miller. Approval of Amendment to Developer' s Agreement for
Topview Acres . 3 .7 acres into six single family lots and
one outlot . Location: Northwest quadrant of Gerard Drive
and Beehive Court .
F. PRAIRIE VIEW CENTER 2ND ADDITION by Prairie View Associates .
Approval of Amendment to Developer' s Agreement for Prairie
View Center. 14.6 acres into two lots . Location: North
of Plaza Drive, east of Prairie Center Drive .
G. Change Order No . 2, Valley View Road Improvements, I .C .
51 -272
H. PreliminaEy-and Final Plat Approval for Willow Creek 3rd
Add ition- for approximately eight acres; App oval of Amend-
ment to Developer' s Agreement for Willow Creek Farm.
Location: (West of U .S . Hwy. 169 and south of Willow
Creek Road ) (Resolution No . 87-91 - Preliminary and Final
Plat Approval )
1 . Final Plat Approval for Edenvale 21st Addition (SE Corner
of Woodland Drive and Edenvale Boulevard) Resolution No .
87-94
J . Final Plat Approval for To iew Acres 5th Addition (Beehive
Court l Resolution No . 87-96
K. Final Plat Approval for Meadow Park 3rd Addition (NW corner
of Homeward Hills Road and Su!MXbrook Road ) Resolution No .7
87-97
L. Receive Southwest Suburban Cable Commission 's (SWSCC)
Annual Report for 198Z
City Council Minutes -4- April 21 . 1987
MOTION: Anderson moved , seconded by Pidcock, to approve
Items A - L on the Consent Calendar . Motion carried
unanimously.
IV . PUBLIC HEARINGS
A . BLOSSOM RIDGE ADDITION by G . W . Pearson . Request for
Zoning District Change from R1 -22 to R1-13 .5 on 1 . 7 acres,
and Preliminary Plat of 3 .1 acres into four single family
lots and one outlot . Location: South of Blossom Road,
east of Bennett Place . (Ordinance No . 15-87 - Rezoning;
Resolution No . 87-86 - Preliminary Plat )
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City Manager Jullie said proponent has requested that this
be continued to the May 19, 1987 meeting of the Council .
MOTION: Bentley moved , seconded by Anderson, to continue
this Public Hearing to the May 19 , 1987 meeting of the
City Council . Motion carried unanimously.
B . CARDINAL CREEK RIDGE by Countryside Investments, Inc .
Request for Comprehensive Guide Plan Change from Medium
Density Residential to Low Density Residential on 23 .1
f acres, Planned Unit Development Concept Review on 23 .1
acres, Planned Unit Development District Review, with
Zoning from Rural to R1-13 .5 with variances on 23 .1 acres,
and Preliminary Plat of 23 .1 acres into 37 single family
lots and road right-of-way . Location: East of Baker w
Road and Edenvale Boulevard intersection, west of Inter-
state I-494. (Resolution No . 87-87 - Comprehensive Guide
Plan Amendment ; Resolution No . 87-88 - PUD Concepts Ordi-
nance No . 16-87-PUD-3-87 - Rezoning and PUD District
Review, Resolution No . 87-89 - Preliminary Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Ron Kruger, representing proponent , addressed the proposal .
Planning Director Enger said the Planning Commission re-
viewed this item at the March 23rd meeting and recommended
approval on a 6-0 vote , subject to the recommendations of
the Staff Report of March 20th and based on plans dated f
March 6, 1987. Since that time they have received revised }
plans dated April 1 , 1987 .
Enger noted this is a difficult site to develop and the
decision to develop it as single family has ramifications
as to the natural features on the site . He said the site
has a combination of steep-sloped hills, mature oak woods
and a pond . In accordance with the tree replacement
City Council Minutes -5- April 21 , 1987
policy established by the Council, proponent will have
to replace approximately 50;r or roughtly 1700 caliper
inches of the trees .
Enger said proponent is required to provide for the right-
of-way needed to construct the east-west cul-de-sac on
the property line to the north, prior to final plat .
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this
item at the April 6th meeting and , on a 7-0 vote, recom-
mended approval per the Planning Commission and Staff
recommendations .
Pidcock asked Enger if he was saying that a medium density
project would be less impactful on this site . Enger res-
ponded that an alternate approach to development on this
site would be to build primarily in the clear areas, and
that would most likely mean development as townhouses or .
cluster-type housing.
Anderson said he was concerned about the amount of grading
and asked for further details on the amount of grading
and fill proposed for the site . He said a lot of work was
done with the County to not cut back the banks of some of
the hills and to put in retaining walls, and he hoped
those efforts would not be wasted by development of this
project . Enger said there will be a couple of hundred
feet of woods that will be saved between the road , the
retaining walls on Baker Road and the subdivision.
Anderson asked if the 20-foot cut through the project is
necessary -to make this project work. Enger replied that
Staff had suggested a different land use but proponent
wanted to pursue single family. He said they then suggested
that the end of the cul-de-sac on the east be pulled back
in order to save more trees on the southern knoll and that
there be fewer but larger lots . Staff had also suggested
that the R1-44 zoning district be used in this development
in order to save more of the natural features . He said,
however, that the project tonight is the program proponent
chose to pursue .
Anderson asked if there are any assurances from the
developer regarding the maintenance of the water level
in the Fond . Mr . Kruger said there won' t be an outlet
installed ; so it will remain as it is . Anderson said that
means, then, that the pond will just be allowed to dry up
during dry weather.
City Council Minutes -6- April 21 , 1987
Dick Burry, representing the owner of property on the
west of the development , said their piece of property is
being chopped up. He said they had suggested to the
proponent that their property be combined with this devel-
opment to make more lots . He said this development will
leave 1-112 acres of their property as an isolated
island .
Art Roberts , representing the Cardinal Creek Homeowner' s
Association, said they are generally enthusiastic about
this proposal , but they do have some concerns about traf-
fic safety and traffic flow as well as duplicating the
name Cardinal Creek for any streets or for the name of
the development itself .
Bentley said he thought the issue comes down to whether
this is an appropriate land use . He said in light of
surrounding development to the south and the southeast,
this does become an appropriate use ; therefore , we take
on the additional responsibility of allowing a greater
amount of cut , fill and tree loss than would occur with
a multiple type of development . He said , while he under-
stood Mr. Burry' s dilemma, he did not feel there is much
that can be done at this time as there are no alternate
proposals before the Council .
Enger said that access to Mr . Burry' s property would prob-
ably best be provided off this subdivision, but it would
create a considerable amount of damage in that area,
particularly to the trees . Mr . Kruger said they had looked a
at the property but it didn ' t fit into their proposed lot
size .
Pidcock asked what the price range will be . Mr. Kruger
said the lots start at approximately $75 , 000 .
Anderson said he was concerned about the visual impact of
large two-story houses, as they may be noticeable above the
tree line from surrounding neighborhoods . Kruger said
the trees are white oaks and as such are not as high as
red oakst however, all of the roofs in the subdivision
will be constructed of cedar shakes so there will be no
color variation from house to house . He said the covenants
will specify cedar shake roofs .
Pidcock asked if we have a copy of the covenants and if
they will be part of the Developer' s Agreement . Enger
said we have a copy and they will be part of the Developer' s
Agreement
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City Council Minutes -7- April 21 , 1987
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MOTION: Harris moved, seconded by Pide ock, to close the
Public Hearing and to adopt Resolution No . 87-87 approving
the Comprehensive Guide Plan Amendment , subject to approval
by the Metropolitan Council . Motion carried unanimously.
MOTION: Harris moved, seconded by Pide ock, to adopt
Resolution No . 87-88 approving the PUD of Cardinal Creek
for Countryside investments , Inc . Motion carried unani-
mously .
MOTION: Harris moved , seconded by Bentley, to give 1st
Reading of Ordinance No . 16-87-PUD-3-87 for rezoning from
Rural to R1-13 .5 for 23 .1 acres a4id for PUD District Re
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view . Motion carried unanimously . 6
MOTION: Harris moved , seconded by Bentley, to adopt
Resolution No . 87-89 approving the Preliminary Plat of
Cardinal Creek Ridge for Countryside Investments, Inc .
Motion carried unanimously .
MOTION: Harris moved , seconded by Pidcock , to direct
Staff to prepare a Developer' s Agreement incorporating
Commission and Staff recommendations . Motion carried
f unanimously.
t C . Feasibility Study, for Prairie View Drive/St . Andrew Drive
Improvements, I .C . 2-1U Resolution No. 87-92 )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified . He said the purpose of the
Hearing is to determine if the Council wishes to order 1
in the proposed improvements . If the decision is made
to go ahead with the improvements, the final cost to be
assessed will be the subject of a future Public Hearing
held after the completion of the project .
Director of Public Works Dietz noted that a petition for
the improvements was received last year from the majority
of the property owners along Prairie View Drive . As a
result of the feasibility study, Staff determined it would
be beneficial to include St . Andrew Drive in the project
He reviewed the improvements proposed and said the total
cost for the project is approximately $448 ,000 . He then
reviewed the preliminary Assessment Roll for the project j
and the alternative methods of assessing the project costs.
Dietz said 13 people attended the informational meeting
held last week. Discussion at that meeting centered
around the merits of special assessments and if there was
a benefit to the properties as a result of this project .
He said he had determined that the properties on Prairie
City Council Minutes April 21 , 1987
View Drive are scheduled for reappraisal for the January,
1988 assessment; therefore the proposed project , if com-
pleted, would very likely affect the valuation of the lots
to some extent . He noted that the average cost to connect
the homes to the service stubs would be about $2 , 000 .
Dietz said the City has a policy established in the early
1970s to give a $1 , 000 credit to homesteaded property
built prior to June , 1971 in order to recognize that
those properties would lose some value for their septic
and well systems .
Peterson asked what the improvements are to St . Andrew
Drive . Dietz replied the improvements to both streets
would be concrete curb and gutter, gravel-based bituminous
street surface , and the installation of storm sewer.
Pidcock asked what is the average assessed valuation of the
properties there . Dietz said he didn 't know.
Paul Shee, 7288 Prairie View Drive, said the homes in
the area are generally $100, 000 or less . He expressed
concern that the process of notification for the Public
Hearing and the informational meeting did not clearly
indicate what would happen and when . Dietz responded that
Staff decided to send out the official notification within
the assessment booklet .
Peterson asked if a booklet which includes a letter notify-
ing residents of a Public Hearing is legally acceptable .
City Attorney Pauly said he thought that was sufficient,
although it might not be as clear . Peterson said he
thought that wasn' t a very effective way of handling
notice of Public Hearings .
Peterson asked if there are a number of residents who are
not aware of this meeting tonight . Mr . Shee said he had
gone around the neighborhood yesterday reminding peoples
however, his concern was with the question of whether
there would be formal action taken that would constitute
a levy assessment . Peterson said this is not an assess-
ment hearing, but he wanted to be sure that the neighbor-
hood was properly notified .
Bentley noted that the Feasibility Study presents estimated
costs only, and the actual costs may be higher or lower.
He said the purpose of this meeting is to determine whether
the project should be ordered in. If it is ordered in, then
at some point someone will have to pay for it and that
determination will be made at a separate Public Hearing
for all the Special Assessment issues that have occurred .
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City Council Minutes -9- April 21 , 1987
Pidcock noted that if this project is approved tonight , y
all property owners will have a pending assessment against
their property .
Peterson said he wanted to resolve the propriety of the
Public Hearing notice . I-e said he didn't know if there
was any to determine if there are people not present
tonight because of not knowing about the meeting. Mr .
Shee said that he had tried to contact several people
who are not here tonight .
Anderson asked if there would be any problem with continu-
ing this item for two weeks . Dietz said there would be no
problem, but noted that by sending out the report and
offering an informational meeting more effcrt had been .
spent on this project than on any previous feasibility
study . He said the notice of the Public Hearing was in
the report and was properly published in the newspaper.
Peterson said no one is questioning the intention of the
Staff, but if several people couldn't find the notice in
the booklet , then we have to believe that the best inten-
tions of Staff weren' t successful .
MOTION: Anderson moved, seconded by Pidcock, to continue
this Public Hearing until the next meeting of the City {
Council and to direct Staff to send a letter to all
property owners affected informing them of the continu-
ance of this Public Hearing to May 5th . Motion carried
unanimously .
D. Feasibility Study for Bennett Place and Blossom Road
Improvements, I .C . , 2- OS Resolution No . 7-9
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
had been notified .
Peterson asked those residents present for this hearing j
if there were any problems with the notices . There were
none stated .
Director of Public Works Dietz reviewed the details of
the proposed improvements for Bennett Place and Blossom
Road and pointed out the location on a map. . He said the
City received a petition from the property owners of
Bluestem Hills and others for the construction of Bennett
Place and the improvements that would go with it . After
discussion it was agreed that the Blossom Road improve-
ments should be included in the feasibility study .
Dietz said they are suggesting Bennett Place be constructed
as a 28-foot wide street with a 50-foot right-of-way after
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City Council Minutes -10- April 21 , 1987 y
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the intersection with Blossom Road because of the steep
grade and vegetation . He said after much discussion on
the alternatives, they are recommending that Blossom r.
Road be realigned onto County Road 1 rather than terminat-
ing it in a cul-de-sac . He reviewed the other details of
the project and said the total cost will be approximately
$533, 000 .
Dietz then distributed a revised Preliminary Assessment
Roll for the project and reviewed the alternative methods
for assessing -the project . He also distributed copies of
a letter from Mr. Ray N . Welter, Jr. , dated April 13 , 1987
objecting to the realignment of Blossom Road . (Attachment
A ) s
Mrs . Moorhead, 9969 Bennett Place, said it is the developers
who are requesting that these improvements be made . She
said with her proposed assessment of $31 ,000 she will be
forced to sell the property to another developer or not
be able to pay the taxes . She was concerned that there
were so few of them to absorb the costs just for the
benefit of the developers .
Ray Welter, Jr. , 11650 Pioneer Trail, said his house will,
in effect , become an island in the middle of tar and cars
if this project is completed . He said he thought the
alternative of a cul-de-sac was a much better idea .
Sharon Holand, 11231 Creekrid ge Drive , asked why there is
no assessment for Lot 29 . Dietz said that with the con-
struction of Bennett Place there was an extremely heavy
assessment to the adjoining properties and that particular
lot was included in the previous improvements to Bennett
Place .
Carol Burnett, 9940 Bennett Place, said she will be assessed
$43 ,000 and is concerned about how much extra it will
cost her to hook up to the sewer and water once it is
available .
Harold Johnson, 9995 Bennett Place , said he was involved
in developing a portion of his property and didn't believe
he should be assessed for the entire three acres . Dietz
said this had been discussed , and there are no assessments
accruing to this property because of water or sanitary
sewer construction on Blossom Road .
Bentley noted that the actual assessments to be levied
and the conditions of the assessments would be determined
( after construction is completed at the Special Assessment
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hearing. He then noted that such conditions might possibly
City Council Minutes -1 1 - April 21 , 1987
include provision for deferring the assessments on those
properties that would probably be subdivided in the
future until such time as the properties were hooked up
or were subdivided or provision for placing a cap on the
amount of interest that would accrue on the assessment .
He then said the question of Mr. Welter' s house will have
to be dealt with before we can take action this evening.
Pidcock asked if the Moorhead property of 1 .85 acres will
be given one hookup or will it be done so that it could ti
be subdivided . Dietz said it will be done so that it can
be subdivided in the future . He said the feasibility
study provides that we will put services at all locations
where it appears there will be some type of development
in the future .
Justin Moorhead , 9969 Bennett Place, expressed concern
about a draft plan of development for his property . Dietz
said that the Planning Staff had asked for and received
a proposal from the developer about what could be done
in that area, but that it was a draft only.
Peterson said the residents would have an opportunity
to work with Staff on the details of the improvements, and
.. they would also have the benefit of the Assessment Hearing
to have input in that process .
Don Sorenson, 7121 Willow Creek Road , noted that all
assessments will have to be paid by someone , even though
assessments may be deferred or otherwise dealt with, and
the City may ultimately have to pay for such deferred or
non-assessable items .
Pidcock asked Dietz what he would propose for Mr. Welter' s
property . Dietz responded that , concurrent with the
development of construction plans, we should get appraisals
of the property to see what the cost will be to build the
road as we show it, and then return to the Council for a
final determination to see if it will be worth the cost .
MOTION: Anderson moved , seconded by Harris, to adopt
Resolution No . 87-93, ordering preparation of plans and
specifications for I.0 . 52-1050 Bennett Place and Blossom
Road Utility and Street Improvements.
Bentley noted that the Council has been aware of the need.
for improvement of Bennett Place and Blossom Road for some
time and , regardless of the action here tonight, the
properties in that area will ultimately be developed in
some other manner.
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City Council Minutes -12- April 21 , 1987
VOTE ON THE MOTION: Motion carried unanimously .
V . PAYMENT OF CLAIMS NOS . 34032 - 34362
Pidcock asked about Item No . 34035 to the Mn . Dance Theatre
for $1200 . Director of Community Services Lambert said
this was for a concert by that group at the High School
sponsored by the Historical & Cultural Commission. She
then asked about Item 34059 to the City of St . Anthony for
$93 .50 . Natalie Swaggert said this was for a dinner with
guest speaker for City employees sponsored by the League of
Minnesota Cities .
Pidcock asked about Item No . 34161 to Dorsey & Whitney fox
$5300 . Bentley said that item was for a bond issue . She
then asked about Item No . 34170 to E . P. Liquor #1 for
$54.46 . City Manager Jullie said that was for pop for the
employees on moving day .
MOTION: Bentley moved, seconded by Harris, to approve the
Payment of Claims Nos . 34032 - 34362 . Ro]U call vote:
Anderson, Bentley, Harris, Pidcock and Peterson voted "aye . •'
Motion carried unanimously .
VI . ORDINANCES & RESOLUTIONS
A . CARDINAL HILLS by New American Homes Corporation. 2nd
Reading of Ordinance No . 6-87 , Rezoning from Rural to
R1 -13 .5; Approval of Developer ' s Agreement for Cardinal
Hills ; and Adoption of Resolution No . 87-58, Authorizing
Summary of Ordinance No . 6-87 and Ordering Publication
of Said Summary . 39.5 acres into 59 single family lots,
three outlots, and road right-of-way. Location North of
Cardinal Creek Road , west of I-494 (Ordinance No . 6-87 -
Rezoning; Resolution No . 87-58 - Authorizing Summary and
Publication)
City Manager Jullie noted that typically 2nd Reading of
a project is handled on the Consent Calendar; however
the question of access was of primary concern on this
project so it is being considered as a separate item.
He said the documents are in order except that the Owner ' s
Supplement to the Developer' s Agreement has not yet been
signed .
Bentley asked if this can be given 2nd Reading, subject
to final signing of the Developer' s Agreement on the part
of the developer. Jullie said it might be appropriate
to grant approval and direct Staff to not issue any per-
mits until that document is in hand and that the proponent
acknowledge this evening that that will be the case .
Mr . Kramer, representing proponent, said they concur with
that .
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City Council Minutes -13- April 21 , 1987
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Pidcock asked about it being called Cardinal Hills rather r
than Cardinal Creek Hills . Planning Director Enger said a`
the name of the subdivision has been changed to Cardinal
Hills .
MOTION: Bentley moved , seconded by Anderson, to give 2nd
Reading of Ordinance No . 6-87 for rezoning, with the
understanding that no permits will be issued until such 4
time as all necessary signed documents are received from
the developer.
Pidcock asked City Attorney Pauly for his opinion. Pauly
responded that his personal view is not to approve things
on condition because fulfillment of the conditions is
nct a part of the record and the undoing of a zoning
statute requires certain procedures . A discussion followed
as to the best method of proceeding on this matter.
AMENDMENT TO THE MOTION: Pidcock moved, seconded by.
Harris, to amend the motion to add "and with the under-
standing that Staff will provide a Resolution at the next
Council meeting indicating that all documents relative
to this project have been approved . "
VOTE ON THE AMENDMENT: Motion carried with Bentley opposed .
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
MOTION: Bentley moved , seconded by Anderson, to adopt
Resolution No . 87-58, authorizing the Summary of Ordinance
No . 6-87 for Publication. Motion carried unanimously.
B . 1st Reading of Ordinance No . 14-87, Relating the Posses-
sion, Service and Consumption ofLiguoi� Beer Keys, Beer
and Wine in Public Parks
City Manager J ullie reviewed the proposed ordinance re-
garding the use of alcohol in public parks .
MOTION: Bentley moved, seconded by Anderson, to give
1st Reading of Ordinance No . 14-87, Regulating the Posses-
sion, Service and Consumption of Liquor, Beer Kegs, Beer
and Wine in Public Parks .
Anderson said he thought the people who use the beverages
are part of the problem. He said he believes the greatest
cause of complaint is about softball teams using the parks .
He said he would like to see stronger enforcement of those
groups of people who do not handle alcoholic beverages.
well . Director of Community Services Lambert said there
are City ordinances regard Ing drunk and disorderly conduct
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City Council Minutes -14- April 21 , 1987
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as well as the use of foul language, but enforcement is
a difficult thing. He said people should talk to the
Park Ranger if they feel offended .
Harris said she understood this to read that liquor is
prohibited without exception and that wine is prohibited
only in Round Lake Park . Lambert said the intent was to
allow beer and wine everywhere except at the Flying Cloud
Athletic Fields and the part of Round Lake Park that is
north of Valley View Road . A discussion followed regard-
ing the interpretation of the proposed ordinance .
VOTE ON THE MOTION: Motion carried unanimously .
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A Request from CSM (Fountain Head Apartments ) for an exten-
sion to November 1 1987 to start development of up to
9 units 9, 0 000 Re solut o�n No . 87-90
City Manager Jullie said the CSM project is a multi-family
residential project along Hwy . 169 south of Prairie Center
Drive . He said they have requested an extension of the
construction date in the bond agreement from May 1 to
November 1 , 1987 . He also noted they have reduced the
project so that it would go up to 495 units . In December,
1985 the City Council approved issuance of $64,000,000
in Housing Revenue Bonds ; however, proponent now foresees
the use of $39,600,000 of the HRBs, so the balance of the
bonds will be called .
Bentley said one of the initial concerns on this project
was the intensity of development proposed ; however, the
project is obviously being scaled back at this point . He
said his only question is whether we can legally grant an
extension of HRBs when they are technically not being
allowed on a tax exempt basis . City Attorney Pauly replied
that these bonds have already been placed so the sale has
already occurred and it is just a question of refunding
them.
Bentley asked if it could be impacted under the new tax
laws by the fact that the construction has not yet taken
placer therefore it might be determined that the bonds
are no longer tax exempt . Finance Director Frane said f
the reduced scope of the project is acceptable and the
temporary sale of the bonds with expected resale in the
future is okay. He said the dates for calling of the bond
issue were dates imposed by the City.
Harris expressed concern about the delay and asked if we
have assurances that the project will go forward .
dr City Council Minutes -15- April 21 , 1987
Gary Holmes, President of CSM, said the delays have
occurred because it is a difficult site with a number
of issues involved such as proposed roads in the area,
wetlands, and the terrain.. He said it will. take from
now until November to get through the process and begin
construction. He said that they have spent in excess of
$1 .2 million on this project already so he would certainly
hope the project would continue .
Pidcock asked if they have closed on the property.
Holmes said they have not .
Bentley noted that this issue was granted at a time when
it appeared there would be a dramatic change in the tax
law, and there was a big rush for a lot of HRBs. He said
it was understood on our part that the project was specu-
lative in nature .
A discussion followed regarding the reason for delays in
this project when other projects have gone ahead . Holmes
said the scope at the start was an 800 unit project with
larger acreage . He said the process of dealing with
several property owners, proposed roads, working with the
Planning Staff and arranging financing has taken several
.. months to put together . He said the bond financing alone
is very complicated ; however, they now have commitment
from a lender and are ready to go.
MOTION: Bentley moved , seconded by Anderson, to adopt
Resolution No . 87-90 extending the construction date
required in the bond agreement to November 1 , 1987.
Motion carried with Harris abstaining.
B . Concept Plan Approval for T .H. 212 Corridor/Official
M_ppi�_Process
Director of Public Works Dietz reviewed the alignment of
the proposed T.H. 212 corridor concept plan . He said it
is only a concept plan that was drawn from an aerial flight
in the area. He said the State is asking that we adopt a
resolution approving the concept plan. They will then
develop the necessary surveying data to go through the
final mapping process . He also reviewed the changes pro-
posed by the Planning Staff on the western portion of the
corridor plan and noted that those changes had been dis-
cussed with the State .
Bentley asked if by approving this concept plan, we are
approving the intersection configurations. Dietz replied
that as a result of this concept approval, they will get
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City Council Minutes -16- April 21 , 1987
legal descriptions of the area to be encompassed ; there- -'
fore we would be approving the configurations, with some
possible future flexibility . He said the purpose of this
is to protect a corridor for the highway .
Bentley said he thought the concept for the intersection
of Prairie Center Drive is the most expensive one that
can be put together in terms of soil correction and other
items . He said he also thought a folded diamond intersec-
tion makes very poor use of the land and makes for very
poor traffic flow. He said he thought we should be care-
ful about committing ourselves to a particular type of
intersection.
Dietz said the process is really
y just beginning and the
environmental work has yet to be completed on the project .
He said the Met Council will have something to say on
intersection location and design. .
Planning Director Enger said Staff worked with MnDOT to
suggest the folded diamond intersection when it was de-
cided to hold the opportunity for an intersection there
after the Met Council refused to extend the MUSA line
and Dell Road had to be moved to the east within the cur-
rent MUSA line . He said it was possible that there might
be further discussion of not having that intersection at
all .
Anderson said the concept is the important part and we
a
must recognize that we have to preserve the right-of-way
somewhere along the line . He said he believed this is
the proper time to approve the T .H. 212 concept plan .
City Attorney Pauly said the alignment will ultimately
have to go through the Planning Commission and a Public
Hearing must be held prior -to the final adoption.
Peterson asked if we have any sensing as to how Chanhassen
might go on this . Dietz said that Chanhassen wants the
road and their staff feels this alignment does more for
their downtown improvements than the southern alignment
would.
Peterson then asked if our approving of this concept would
limit the people and the staff in Chanhassen in their
deliberations . He asked if we should have any formal
conversation with the staff in Chanhassen prior to any
formal approval of the concept plan.
Bentley said historically Eden Prairie ' s position has not
been in favor of the route that goes south of Lake Riley
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. City Council Minutes -17- April 21 , 1987
as that would have a detrimental effect on our park
development , but rather has been in favor of the northerly
alignment . He said he felt this is really a reaffirmation
of previous action by the Council which set the corridor
after a large hearing was held on the subject .
MOTION: Pidcock moved, seconded by Anderson, to adopt
Resolution No . 87-95, T .H. 212 Concept Approval . Motion
carried unanimously .
VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
IX . APPOINTMENTS
A . Anointment of Steve Cwodzinski to the Bicentennial of
the U.S. Constitution Committee
MOTION: Harris moved , seconded by Pidcock, to appoint
Steve Cwodzinski to the Bicentennial of the U.S . Consti-
tution Committee . Motion carried unanimously.
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X . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A . Reports of Council Members
1 . Peterson - Proposed Proclamation from the Optimist
Club
Peterson referred to the letter from the Optimist
Club of Eden Prairie dated April 18, 1987 with an
attached Proclamation. He said they wanted to call
attention to their "Just Say No" Program and, after
discussions with Rick Bolinski, decided to join with
the City on the Arbor Day Walk .
Peterson said he would prefer to reword the fifth
paragraph of the draft proclamation as he felt it
implies a joint-sponsorship of the Arbor Day Walk.
MOTION: Pidcock moved, seconded by Bentley, to adopt
Resolution No . 87-101 declaring May 2, 1987 as "Just
Say No" Day in the City of Eden Prairie, with the
fifth paragraph of the Resolution to read as follows:
"WHEREAS, The Eden Prairie Optimists have planned
a "Just Say Not, Walk against drugs in
the City of Eden Prairie, in conjunction
with the City' s Arbor Day Walk; "
Motion carried unanimously.
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City Council Minutes -18- April 21 , 1987
2 . Peterson - Rescind Previous Motion on Strategic
Planning
Peterson noted that at the April 7, 1987 meeting
the Council moved to retain a consultant for Strate-
gic Planning and to schedule meetings to begin the
process . Subsequently the Councilmembers had decided
not to proceed at the present time and to reschedule
this for the fall .
MOTION: Pidcock moved, seconded by Anderson, to
rescind the action of the Council at the April 7,
1987 meeting regarding the Strategic Planning process
and to reschedule this item for the fall of 1987 .
Motion carried unanimously.
3 . Harris - Discussion of Memo Regarding Referendum
Fl rye r
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Harris said she was struck by the memo from Mr. Lambert
which addressed the issue of a flyer that was circu-
lated during the recent Park Bond Referendum. She said
she was not aware of the flyer at the time of the
referendum; however, she thought it was important to
correct the record for those who may have been mis-
guided by this misinformation. She said she thought
there should be some indication in the official City
newspaper calling attention io the fact that there
was misleading information circulated via this flyer
and explaining what the correct information is .
While it may not be possible to identify the individu-
als involved in perpetrating what she considers to be
fraudulent information, Harris urged that the Council
take a position publicly by identifying the action, the
inaccurate information and the correct status regarding
the park system.
Bentley said he would support what Mrs . Harris suggested s
but would further suggest that, per Mr. Pauly' s memo,
the election does fall under the definition of special
elections in the State laws and therefore the dis-
semination of unsigned literature by persons unknown
is a violation of the law. He said he would urge that
the City Manager be directed to ask Public Safety to
mount an investigation of the identify of individuals
involved and, if so identified, that the proper prosecu-
tion be undertaken.
Anderson said he would strongly concur as he was ex-
tremely irritated by the erroneous information contained
City Council Minutes -19- April 21 , 1987
Ar
in the flyer. He said he believes such a letter or
flyer is misleading and is dishonest .
Bentley said he doesn't discourage anyone from speak-
ing out in opposition to anything, but he is irritated
when people make misleading statements that could poten-
tially impact an election, and thereby influence public
policy without identifying themselves .
Peterson said the issue is the requirement that we
expect literature or expressions to come with the
force of a person, not whether a person is accurate
or inaccurate .
MOTION: Bentley moved, seconded by Anderson, to
direct Staff to work with the City newspaper to make
known the position or the City Council regarding the
misleading information about the Park Bond Referendum
circulated prior to the referendum and to make known
the correct information regarding the Eden Prairie
park system; further, to direct the City Manager to
work with Public Safety to mount an investigation of
the identity of the individuals involved and , if so
(( identified, to undertake the proper prosecution of
1. those individuals . Motion carried unanimously .
4. Anderson - Request for Speed Limit Change on County
Road
Anderson noted that the speed on County Road 1 is
presently 50 MPH and that a six year old girl was hit
by a car on that road last week . lie said this is
essentially a residential area from Hwy. 169 to Hwy. 18
and there is a heavy amount of pedestrian traffic as
well as some churches in the area. He said he thought
we should contact the County and request that the speed
limit be lowered to 40 MPH.
Director of Public Works Dietz said we could bring a
resolution back at the next meeting. He said, however,
that there is a chance that they might actually raise
the speed limit . Anderson said we don't have sidewalks
or wide shoulders along the road in that residential
area and, as a Council , we really have to look out for
the welfare of the residents .
MOTION: Anderson moved, seconded by Bentley, to
direct Staff to prepare as strong a resolution as
possible requesting that the speed limit on County
Road 1 be lowered . Motion carried unanimously .
City Council Minutes -20- April 21 , 1987
Pidcock commented on the lack of lighting in the
parking area at the new City Hall facility . Jullie
noted that we are checking into the installation of
lighting but noted that the City will probably have
to pay for it .
B . Report of City Manager
1 . Restructuring of Benefit Program
City Manager Jullie noted that about a year ago James $
Bissonett & Assoc . came to the City with a study they
had done of employee benefits in other cities and
suggested that it might be good for the City to review
some changes and perhaps go away from the County system.
Referring to the memo of April 16, 1987 from Ms
Swaggert, Jullie said the benefit feasibility study is
complete and the proposed restructured program is
summarized in the attachment to the memo . Jullie
said there will be a substantial savings to both the
City and the employees from the restructured program.
Bentley said he thought the proposal looks good and
asked who is the carrier of the disability program.
Mr. Azen, of James Bissonett & Assoc . , said the carrier
is Mutual Benefit . Bentley then asked what their defini-
tion of disability is . Mr . Azen replied it is the
inability to perform the duties of your occupation.
A discussion followed regarding the details of the
disability provisions .
Bentley asked who is the carrier of the life insurance
under the basic provision and if it is level term.
Azen said it is level term and the carrier is Guarantee
Mutual .
Anderson asked if the City Staff has been surveyed on
these changes and noted that changing medical coverage
can be a traumatic experience for some people . Jullie
said there has been substantial discussion with Staff
and that the major impact is to the 14 employees now
enrolled in Group Health who will no longer have that
option; however, he didn't anticipate a serious problem
with that . Bentley asked if there would be a pre-
existing condition clause that would affect those 14
employees. Azen said neither MedCenter nor PHP will
subject them to a pre-existing condition clause .
Pidcock asked if the providers are Minnesota companies .
Azen said that , while Minnesota companies were asked
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City Council Minutes -21- April 21 , 1987
to bid, the providers of the disability and life rt
insurance are not Minnesota companies .
MOTION: Bentley moved, seconded by Harris, to author-
ize the City Manager to proceed with the implementa-
tion of the restructured benefit plan, in accordance
with the memorandum of April 16, 1987 from the Director
of Human Resources . Motion carried unanimously .
2 . Recommendation for Consultant on Human Services Model
Referring to the memo of April 17 , 1987 from Natalie
Swaggert , Peterson commented that the report prepared
on this subject was well done and well presented .
MOTION: Bentley moved , seconded by Pidcock, to accept
the recommendation to select Michael Groh as the
consultant to conduct a study of human services needs
in Eden Prairie . Motion carried unanimously.
3 . Set a Special Meeting to Deal with International School
City Manager Jullie noted that the Council had deter-
mined not to have 2nd Reading of the International
School until the school had all of the negotiations
worked out with the Met Council and Hennepin Parks .
He said they expect to complete those negotiations
prior to May 1 and have requested a special meeting
of the Council in order to complete the process prior
to their closing date on May 1 , 1987 .
MOTION: Anderson moved, seconded by Bentley, to set
a Special Meeting of the City Council for Thursday,
April 30, 1987 at 4: 00 PM in the Council Chambers .
Motion carried unanimously.
C . Report of City Attorney
There was no report .
D . Report of Director of Planning
There was no report .
E . Report of Director of Community Services t
1 . Re nest Authorization for 1st Phase Development of I
Willow Park
Director of Community Services Lambert referred to his
memo of March 12, 1987 regarding the development of
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City Council Minutes -22- April 21 , 1987
of Willow Dark . He said they have been preparing
this site for a number of years and it is now ready
for finish grading and seeding. He said it would be
funded through cash park fees .
MOTION: Bentley moved , seconded by Anderson, to
approve the development of the 1st phase of Willow
Park . Motion carried unanimously .
2 . Award Bids for Bituminous Overlay on Tennis Courts
at Round Lake Park
Referring to his memo of April 15 , 1987, Lambert said,
while this item was not included in the budget , the
condition of the tennis courts is deteriorating and
they should be resurfaced now. He said bids were
received for this project and Staff is recommending
that the bid of Plehal Blacktopping for $34, 6?9 be
accepted . He also noted that an agreement with the
School District provides for their contributing 50%
of maintenance costs for the courts .
MOTION: Bentley moved, seconded by Anderson, to
accept the bid received from Plehal Blacktopping in
the amount of $34,6?9 for the overlay and color coat-
ing of the Round Lake tennis courts . Roll call vote :
Anderson, Bentley, Harris, Pidc ock and Peterson voted
"aye . " Motion carried unanimously .
Harris asked if the School District had been made
aware of the possibility of this action . Lambert
replied that they are aware of it and will reimburse
the City after their July 1st fiscal year .
F. Report of Director of Public Works
1 . Award 198Z Seal Coat Project, I .C . 52-113 (Resolu-
tion No . 7-9
Director of Public Works Dietz reviewed the bids
received for the 1987 seal coating and noted the Staff b .
recommendation to award the contract to Allied Black-
top Company, Inc .
i
MOTION: Bentley moved , seconded by Anderson, to
adopt Resolution No . 87-98 accepting the bid of
$121 .898.15 from Allied Blacktop Co . , I .C . 52-113,
1987 Seal Coating. Roll call votes Anderson,
Bentley, Harris, Pidcock and Peterson voted "aye .
Motion carried unanimously.
CityCouncil Minutes -2 - April 21 198
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XI . NEW BUSINESS
There was none .
X I I. ADJOURNMENT
MOTION: Bentley moved, seconded by Harris, to adjourn the
meeting at 11 : 28 PM. Motion carried unanimously.
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