City Council - 07/19/1988 APPROVED MINUTES
EVEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 19, 1988 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, Senior Planner
Mike Franzen, Director of Parks,
Recreation & Natural Resources Robert
Lambert, Director of Public Works
Eugene A. Dietz, and Recording
Secretary Deb Rdlund
PLEDGE OF ALLEGIANCE
ROLL CALL: Al? members present .
1 . APPROVAL OF jQ8NDA AND OTHSR ITEMS OF BUS r HRMS
,MOi T I ON:
Anderson moved, seconded by Pidcock to approve the Agenda as
published and amended .
Add to the Agenda Item X.A.1, Discussion of August 2, 1986
Council Meeting.
Add to the Consent Calendar Item III .L, Resolution for public
Improvements for Wyndham Nob, item iii .M, 2nd heading of
Ordinance 0 21-88 and Approval of Development Agreement for
Wyndham Nob addition, Item III .N, 2nd Reading of ordinance 0
26-88 and Approval of Development Agreement for Hidden Glen
IV.
Motion carried unanimously.
City Council minutes 2 July 19, 1988
II . MINUTES
A. Rggular City Council Meeting held Tgesday. June 7- 12§8
MOTION:
Harris moved, seconded by Pidcock to approve the minutes
of the Regular City Council meeting held Tuesday, June 7,
1988 as published and amended .
The following corrections were made:
Page 81 Item IV.A, Motions 1, 2, and 3 should read :
Pidcock moved, seconded by Bentley. . .
Page 16, Item X.A. paragraph 5 should read : Harris
commented that based on Dietz's concern about the need for
further restriction there could be a benefit to imposing
them earlier so that the City could avoid a crisis
situation.
MotLon carried unanimously.
B.
I ON:
a
�r larris moved, seconded by Pidcock to approve the minutes
4 of the Special City Council meeting held Tuesday, June 7,
1988 as published and amended .
The following correction was made :
Page 2, paragraph 7 should read : Harris believed that the
program should involve the City's total population, . . . . .
Motion carried unanimously.
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C. City Council Meeting held TUesdiky, June 21. 1988
MOTION:
Harris moved seconded by DD Piduvck to approve the minutes
of the City Council meeting held Tuesday, June 21, 1988 as
published and amended.
The following correction was made:
Page 1, Item I, paragraph 2 should read: Pidcock wished
to report on two meetings of the Chairmans Advisory
meeting of RTB.
Motion carried 4-0 with Anderson abstaining.
City Council Minutes 3 July 19, 1988
III . CONSENT CALENDAR
A. Clerk 's L ggnse Lt,s
B. Hetrovelitan Wazte Controlm o
(Resolution No. 88-141)
C. MQtX022lItan
Existing Facili&iga for Z .C. 52-051 Mitchell/Research Road
(Resolution No. 88-142)
D. D,egs=tmgnt Qf Natural Resourcen Permit to Cross Public
Veters for I .C. 2-051 ditchell/Research oad (Resolution
No. 88-143 )
E. Approve special Agsgaament AgEeenent vith United iiortaage
CgrD. RegardIn9 1m2roye_m2nts to Dell Road
F. Change Order No.,, 2, _ Hidden Gle;n.3rd Addition. I .C. 52-102 r
G. Apprgve Agreement with Barton-Aachman Associated. Inc. for
Engineering Services for the Design of TH 5 from CSAH 4 in x
Saen Prairie to CgA17 in Chanhassen
z
G
H . 2nd Reading of Ordinanct No. 7-88, Amending 3. 30 Qfthe
Qty Code to Provide for Use Reg,tricti, one During_- ter
Esergancies
I . ggsglution amending the Fee gggolUtign_ alloying the
IM2031tiOD of a 225. 00 surcharge for violation of Use
Rentrictiona DuKing Water ,&=rgencieg (Resolution No. 88-
147 )
J . ADDKQve Plans and St>eCifigationn foX Traffic Signal
Installations in the Maio= Center Area and Seta Bid
0220ing Date of August 11, 1988 (Resolution No. 88-148 )
a
K .
t
s
of .Financial�Statements Relating to Recess and
Disbursements by CAndidatge and Committees in Connection
with City Elections
L. Resolution receiving 100% petition, ordering improvements
and preparation of plans and specifications for public
Improvements for I .G. 52-145, Wyndham Nob (Resolution No.
88-120) .
M. WXND„HAH NOS ADDITION, by Burl Corporation. 2nd Reading of
Ordinance 021-88, Zoning District Change from Rural to Rl--
13.5 on 7 . 96 acres; Approval of Developer's Agreement for
Wyndham Nob; and Adoption of Resolution 088-111,
Authorizing- Summary of Ordinance 026-88 and Ordering
tl
City Council Minutes 4 July 19, 1988
Publication of Said Summary. 30.03 acres into 14 single-
f.Amily lots, one outlot and road right-of-way. Location:
South of Townline Road, east of Dell Road, west of
Purgatory Creek . (Ordinance M 21-88, Rezoning; Resolution
888-111, Authorizing Summary and Publication) .
N . HIDDEN GLEN IV, by Derrick Companies . 2nd Reading of
Ordinance 826-880 Amending Ordinance #21-86-PUD-2-86
within the RM-6 .5 Zoning District; Approval of Supplement
to Hidden Glen North Developer 's Agreement for Hidden Glen
IV; and Adoption of Resolution 888-136, Authorizing
Summary of Ordinance 826-88 and Ordering Publication of
Said Summary. PUD Amendment on approximately 68 acres,
Zoning District Amendment within RM-6 . 5 Zoning District on
8 . 5 acres for the construction of 40 twinhome units .
Location: South of Townline Road, west of Dell Road, east
of Highway 101 . (Ordinance 826-88, Amending Ordinance
821-86-PUD-2-6; Resolution 8 88-136, Authorizing Summary
and Publication) .
!!OT I ON
Bentley moved, seconded by Harris to approve the Consent
Calendar as published and amended .
Motion carried unanimously.
IV. PUBLIC HEARItIGB
A. RIGHT-OF-WAY, VACATION No. 88-05. Vacation of a Portion of
School Road Right-of-Way North of the Central Middle
School (Resolution No . 88-140 )
Jullie reported that notice of this Public Hearing was
published in the June 29, 1988 issue of the Nden Prairie
News .
MOTION•
Harris moved, seconded by Anderson to close the Public .
Hearing and adopt Resolution No. 88-140 for vacation of
right-of-way for pert of School Road.
Motion carried unanimously.
B. FAIRFISLD by Tandem Properties . Request for Comprehensive
Guide Plan Change from Industrial to Medium Density
Residential on 49 . 5 acres and from Industrial to Low
Density Residential on 24 . 4 acres, Planned Unit
Development Concept Review on 148 . 2 acres, Planned Unit
Development District Review with variances for street
fronLuge and lot size on 148 . 2 acres, Zoning District
Change from Rural to R1-9 . 5 on 92 . 7 acres and from Rural
to R1-13 . 5 on 53.6 acres, Preliminary Plat of 148 . 2 acres
City Council Minutes 5 July 19, 1988
into 367 single family lots, 28 outlots and road right-of-
way, review of an Environmental Assessment Worksheet for
construction of a residential development . Location:
West of County Road 4, southeast of the Minneapolis and
st . Louis Railroad . (Ordinance No . 29-88, Rezoning;
Resolution 088-137, Preliminary Plat )
Jullie reported that notice of this Public Hearing was
sent to owners of 53 surrounding properties and published
In the July 6, 1988 issue of the Eden Prairie News .
Jim Ostensen representing the proponent presented the
project . Ostensen stated that the request tonight was for
approval of the Preliminary Plat and the Rezoning of Phase
I of the project. Ostensen stated that originally they
were requesting rezoning of the entire project, but the
Planning Commission recommended that only Phase I be
rezoned until the Southwest Area Study could be completed.
Ostensen requested a Guide Plan Change fro■ Industrial to
Low to Medium Density for approximately 40 acres .
F,
Ostensen stated that two collector roads were being
proposed for the project and sewer was being installed
now.
Tom Boyce, President of Centex Homes, stated that the
entire project would take approximately 6 to 8 years to
complete. Boyce presented the 3 types of homes being
proposed and emphasized the success of the cluster homes.
Mike Franzen reported that the Planning Commission had
reviewed this item 3 times during May and June . At the
June 27, 1988 meeting the Planning Commission voted for
approval of Phase I of the project with a 4-0 vote.
Franzen reported that Phase I would have a minimal impact
for traffic on County Road 4 .
Franzen stated that discussion on Phases 2 through 6 would
continue after the Southwest Study was complete. Franzen
reported that the developer had been directed to work with
SLsff regarding concerns of tree loss, access trails and
road right-of-way for Highway 212 for Phases 2 through 6 .
Franzen reported that on July S. 1988, the developer
requested Staff to consider a modification to the phasing
area as approved by the Planning Commission to include
additional R1-9 . 5 lots and reduce the number of R1-13. 5
lots . This was acceptable to Staff, since the number of
lots for Phase I would remain the same.
Lambert reported that the Parks and Recreation Commission
reviewed this item July 18, 1988 and voted for approval of
Phase I with a 5-0 vote .
City Council Minutes 6 July 19, 1988
Peterson asked Franzen if there was any change in road
circulation and if there were two access points to County
Road 4 . Franzen replied that two access points were
provided . Peterson questioned if the northerly extension
road going to future Highway 212 would connect to County
Road 4 and what was the timing for this road. Rick
Sather, a member of the proponent team, replied that the
exact alignment of Scenic Heights Road was not established
at this time and that the timing for the alignment was not
known.
Bentley asked Sather how the sever was being proposed to
connect to the school . Sather replied that the sewer was
being proposed to come from the south and would require
the second phasing of the project . Bentley stated that
there was another property owner between this development
and the school and that the property owner had expressed
concern about being cut off from sever . Bentley stated
that he would like to see the sewer line come from the
south and then go north. Bentley was concerned about the
need for a lift station if the sewer were to go in as
developer was proposing now. Sather replied that he
believed it could be served without a lift station and
that the only difference in providing the sever from Phase
I or from the road would be timing.
Bentley asked Dietz if his assumption that a lift station
,( would be necessary if the line came from the north . City
Engineer Alan Gray stated that the sewer being proposed
for Phase I of the Fairfield project could be extended in
the future to provide gravity service for the Cheyenne
Place development. The sewer would come from the south
and then to the vest and a lift station would not be
necessary to serve the proposed Cheyenne Place . Bentley
asked that if the line only came from the north to serve
the school would a loop be necessary,,• which way would it
flow, and when would the school need service. Gray
replied that the school would need sever service by August
1989 . The sewer service could come through Phase II of
the Fairfield development as Sather has outlined or as an
alternative it could come through the Cheyenne development
and then through Phase I of Fairfield . Gray stated that
at this time the sever was proposed to cone through the
Phase II development of the Fairfield protect, but if this
project were delayed it could come through the Cheyenne
Development .
Ostensen stated that what had motivated the timing of this
project was to get sewer and water to the school by next
fall . He was disappointed with the recommendation to
approve only Phase I because it did not allow for planning
for the sewer and water for the school Ostensen stated
that they have worked closely with Cheyenne .
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City Council Minutes 7 July 19, 1988
Bentley asked if the cluster homes would be the only homes
proposed for the R19 . 5 zoning. Ostensen replied that
there would be cluster homes and standard homes on the
R19 . 5 lots . Ostensen further commented that he understood
the Council concern about constructing large houses on
small lots and said that in this particular situation
specific model homes were designated for specific lots.
Bentley questioned if the density would be 2 . 5 units per
acre or lower . Ostensen replied that the only place the
density would be higher was in the clusters with a density
of 3 .07 .
Peter Knaeble, representing the Cheyenne Place
development, stated that they had been working with the
Fairfield personnel and Staff and have had a good working
relationship . Knaeble asked the Council to clarify that
utilities would be available to the south property line as
part of Phase I of the development so that Cheyenne could
extend utilities to their property. Peterson replied that
this had been so clarified.
MOTION :
Bentley moved, seconded by Anderson to close the Public
Hearing and approve 1st Reading of Ordinance No. 29-88 for
Rezoning. Motion carried unanimously.
MOTION:
Bentley moved, seconded by Anderson to adopt Resolution
No . 88-137 approving the Preliminary Plat. Motion carried
unanimously.
MOTION: '
Bentley moved, seconded by Anderson to direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations and Council conditions to
include a stipulation that utilities be stubbed out to the
south end of the property line for potential extension.
Motion carried unanimously.
C. LARIAT CENTER by Edward F. Flaherty i M. Austin Smith.
Planned Unit Development Concept Review on le acres,
Planned Unit Development District Review on 18 acres with
waivers within the C-Reg-Service Zoning District, Zoning
District Change from Rural to C-Reg-Seer on 4. 8 acres,
Preliminary Platting of 4 . 8 acres Into 2 lots for
construction of a 18,845 square foot auto mall and a
22, 180 square foot retail center . Location: South of
Prairie Center Drive, east of Joiner Nay, north of Medcom
Boulevard . (Resolution No. 88-138, Planned Unit
Development Concept; Ordinance No. 28-88-PUD-7-88r -PUD
City Council Minute: 8 July 19, 1988
District and Rezoning; Resolution No . 88-139, Preliminary
Plat )
Jullie reported that notice of this Public Hearing was
sent out to 57 surrounding property owners and published
in the July 6, 1988 issue of the Eden Prairie News .
Brian Cluts, representing the proponent presented the
protect. Cluts stated that two buildings were being
proposed, one a retail center and one an auto mall . Cluts
reported that buffers had been provided between the two
properties, parking requirements have been worked out, and
all issues raised by the Planning Commission had been
resolved. Cluts expressed a concern about the requirement
for the developer to enter into a special assessment
agreement for the extension of Medcom Boulevard .
Ed Flaherty reported that the Auto Mall was approximately
80% leased and the Retail Center was approximately 30%
leased . The Retail Center tenants proposed were,
Applebees, Paper Warehouse, Proex, and Horst. The Auto
Mall was entirely leased with the exception of one space
to the following businesses : Eden Prairie Transmission,
Precision Tune, Auto Max and a car wash.
Flaherty stated that he would like to break ground in
early September . He said that one of the concerns of the
Planning Commission was access to the property and
_ commented that he owned the 14 acres to the south of
Medcom Boulevard and would be coming before the Planning
Commission with a proposal for the development of this
property in the near future . Flaherty further commented j
that he has had discussions with Staff regarding opening
up the center median on Prairie Center Drive at Joiner Way
to make a left turn lane for the westbound traffic to
access the property. He believed the long term solution
for access to the property would be to extend Medcom
Boulevard into Franlo Road and would be prepared to submit
that petition. Flaherty .said that in the discussions with
City Engineer Gray he had proposed the possibility of a
temporary access through the Joiner Nay turn lane and
would agree to close this up when Medcom Boulevard was
extended. Flaherty said that better access to the
property would be necessary within the next year .
Franzen reported that the Planning Commission reviewed
this item at the June 27, 1988 meeting and recommended .
approval on a 4-0 vote. Franzen stated that several plan
revisions had been required before review by the City.
Council, and that all changes had been made and reviewed
by City Staff.
Bentley asked if Staff had a recommendation regarding the
median cut proposal . Dietz replied that this had been
City Council Minutes 9 July 19, 1988
discussed and that there would be some short term
advantages to the left turn lane at Prairie Center Drive,
( but any long term benefits could not be determined at this
time. Dietz stated that the left turn lane would not
cause any major problems within the next 2 to 3 years, but
raised the following concerns: 1) The potential stacking
distance with Highway 169 . 2 ) The reduced the incentive
to extend Medcom Boulevard . 3) Consistent City efforts to
keep the median closed in this area . Dietz suggested that
If Medcom Boulevard could not be extended, then the median
could be opened .
Peterson questioned if Medcom Boulevard would be extended
before access to this project was needed. Dietz replied
that even without a median cut or the extension of Medcom
Boulevard the project had access and Staff believed the
extension of Medcom Boulevard to be a superior solution to
provide access for the entire area . Peterson questioned
what conditions would be necessary to get Medcom Boulevard
extended . Dietz believed that a development would have to
come between the Flaherty property and Franlo Road, but
could not predict when this would occur. Flaherty stated
that Gray had indicated that the extension of Medcom
Boulevard was feasible within a year and agreed with Staff
that the extension of Medcom Boulevard was the best long
term solution. Flaherty stated that he would just like to
know if the extension of Medcom Boulevard were going to be
/ several ■ore years away, so that he could return to the
t,. City Council and address the temporary opening solution;
It Medcom could be extended within a year, then the median
cut would not be an issue.
Bentley asked if the Developer needed to deal specifically
with the median cut tonight . Flaherty replied that the
project would go ahead either way.
MOTI OH:
Pidcock moved, seconded by Bentley to close the Public
Hearing and adopt Resolution No. 88-138 for PUD
Development Concept Approval. Motion carried unanimously.
HQT I ON:
Qidcock moved, seconded by Bentley to approve 1st Reading
of Ordinance No. 28-88-PUD-7-88 for PUD District Approval
and Rezoning. Motion carried unanimously.
City Council. Minutes 10 July 19, 1988
NOTION•
Pidcock moved, seconded by Bentley to adopt Resolution No .
88-139 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement incorporating
Commission and Staff recommendations . Motion carried
unanimously.
D. pORENKEMPER EgTATFA by Alex Dorenkemper. Request for
Planned Unit Development Concept Review on 46 acres,
Planned Unit Development District Review on 46 acres with
waivers within the Rural Zoning District, Preliminary Plat
of 46 acres into 4 single family lots, 1 outlot, and road
right-of-way. Location: South of Pioneer Trail, west of
Riley Creek .
City Manager Jullie stated that a letter had been received
requesting the withdrawal of the project. s
d
3
MOTION:
Anderson moved, seconded by Harris to c+:.ae the Public
Hearing and accept withdrawal of the Proposal without
Prejudice. Motion carried unanimously.
V. PAYMENT OF CLAlba
MOTION:
Pidcock moved, seconded by Anderson to approve the Payment of
Claims No. 43681 to No . 44002 . Roll Call Vote : Anderson,
Bentley, Harris, Pidcock, and Peterson all voting "Ayes" .
Motion carried unanimously.
VI . QRDINAtfQES fi RESOLUTIONS
VII . PETITLON$, REQVr&6Xg 6s COMMUNICATIQNS
VIII . REPORTS OF ADVISORY CQK1fifi1ON&
IX . AregINTMENTS
A. A2Rolntoent of g g2pr2sentlItIve
Commission
MQT I O :
Bentley moved, seconded by Anderson to nominate Mr. Jay Olson
for appointment to the Plying Cloud Airport Advisory
Commission . Motion carried unanimously.
city Council Minutes 11 July 19, 1988
NOTION:
Bentley moved, seconded by Pidcock to close non►inatiuns and
cast a unanimous ballot . Motion carried unanimously.
X . REPORTS QF OFFICERS. BQARD„S a COMMISSIONS
A. Reports of Council Mgmbers
I . Discmsion
Peterson reported that he and Anderson vould not be able
to attend the August 2, 1988 meeting .
Bentley stated that action could not be taken on any
zoning matters with only three members and suggested
changing the date .
Dietz reported that a Public Hearing vas scheduled for the
Hamilton Road project and had been published, but that
there would be time to republish.
4
MOTION:
Bentley moved, seconded by Anderson to reschedule the
August 2, 1988 City Council meeting to August 9, 1988 at
7: 30 PM in the Council Chambers . Motion carried r
unanimously.
tJOT I ON :
5
Bentley moved, seconded by Anderson to direct Staff to
republish and re-notice any and all necessary hearing
statements. Motion carried unanimously.
B. Re2Qrt of City Manager
I .
L,i,.augg store
Jullie reported that Staff had been looking at the
potential of purchasing a portion of the Prairie Court
Shopping Hall . Jullie said that currently the City pays
substantial lease payments for space at the Prairie
Village Mall and believed the purchase of space would be
economically advantageous . Jullie said that he vould like
the council 's concurrence to continue further
negotiations .
Pidcock asked if it vould not be costly to relocate .,
Jullie replied that the City vould purchase the property
and this vould be paid off over several years after vhich
the City vould not have property payments.
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City Council Minutes 12 July 19, 1988
Harris questioned why the City was in the liquor business.
Peterson said that he would prefer that the City phase out
of this business . Pidcock concurred .
Harris believed that the time had come to review the
Issue, in light of the fact that residents are being
encouraged not to use and abuse these substances .
Jullie reported that this was a referendum issue in 1971
or 1972 as to whether the City should continue and it was
the choice of the community to continue the operation.
Jullie agreed that there were several concerns and issues,
but stated that the Prairie Court developer had come to
the City with the opportunity to purchase the property and
this prompted the proposal at this time.
Bentley suggested that the issue to continue in the liquor {
business should be a separate discussion, but that if the
City did decide to terminate the liquor business the City
would be in a better position + f the City owned the
property. Bentley believed that the direction of
ownership would make sense . Peterson asked Bentley why
the City would be in a better position owning rather than
leasing if it were derided at a latter date to terminate
the liquor business. Bentley replied that if the City
owned the property it would be sold, but with a lease the
City would be obligated for the term of the lease.
Harris questioned if the time to look at the issue was
when the lease expired .
Bentley stated that the City was currently operating on a
voter referendum and that he believed the direction
indicated by City Manager Jullie should be persuade.
Anderson questioned if the City Staff had considered if
the sales would be affected by moving this location. The
accessibility of the current facility wan good. The funds
that come tarom the liquor store are dedicated to law
enforcement and to the Parks and Recreation Department and
questioned if the move affected sales what the
consequences would be to these groups . Jullie replied
that sales information would be available and that the
indications were that the new location would be more
conveniently located . Jullie further commented that the
liquor store wan proposed for the northeast corner of the
mall at Highway 5.
Peterson questioned if the communities ideas had changed
on the issue since the referendum. pidcock commented that
the whole nation' s attitude had changed regarding this
Issue and questioned if a referendum could be put on the
November ballot. Pidcock asked if a grocery store would
i
City Council Minutes 13 July 19, 1988
be located in the mall . Jullie replied Lliat Liquor
Operations Manager Dahlberg had indicated it was
beneficial to have a grocery store in the vicinity, but
the ability to drive up closer would be the advantage in
the location .
Harris believed that further discussion of the issue was
required before putting it to a referendum. Peterson
asked Jullie to check into having this on the agenda at
another time for further discussion and check into the
timing necessary if a referendum was requested. Jullie
replied that he would check into the time frames required.
2 . Avard Contract foX Aerial LaddgX Fire Truck
Dawson reported that bids were opened July 11, 1988 for an
aerial ladder fire truck and recommended that Simon Ladder
Towers, Inc. be awarded the contract in accordance with
plans and specifications puL the bid submitted July 11,
1988 .
Harris asked Dawson to explain the optional progress
payment . Dawson replied that in the payment procedures
there are two maJor items Involved in the delivery of
material to the manufacturer, one was the chassis and one
was the aerial ladder . By making a progress payment was a
way the City would cover the interest costs the
manufacturer would have to pay on these items and that the
City would, in turn, have to pay for.
a
MOTION :
Bentley moved, seconded by Anderson to award the contract
for the aerial ladder fire truck to Sisson Gadder Towers,
Inc . in accordance with plans and specifications and bid
submitted July 11, 1988 .
Pidcock said that the Clarey bid was lower than the Simon
bid . Peterson replied that Simon had offered a S8,500
deduct if the same material was used as Clarey was using.
Harris commented that a safety load factor was considered
making the Simon bid the preferable purchase. Dawson
stated that the Simon product was a better value and had
better safety factors .
Peterson asked Fire Chief Ron Johnson if other companies
guaranteed the 400-600 pound tip load and if this load was
adequate . Johnson replied that the tip load dupended on
the operation of the apparatus at the time. e00-600
pounds would be adequate for Just the flow of water . The
Eden Prairie Fire Department recommended the additional
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City Council Minutes 14 July 19, 1988
load factor to allow for water flow and personnel on the
ladder at the same time if necessary, which increases the
stress load, as the optimum safely factor .
Motion carried unanimously.
3. Reschedule date for Mid-Year State9Ic Planning Session
M03!I QN.
Anderson moved to schedule the Mid-year Strategic Planning
Session for Saturday, September 10, 1988 from 9 AM to 1
PM.
Motion failed for lack of a second . r
MQT I Off '
Anderson moved, seconded by Harris to schedule the Mid-
year Strategic Planning Session for Tuesday, September 13,
1988 from S PM to 9 PM. Motion carried unanimously.
C. Report Qf City Attorney
1. Rra f t o f rd i nan_e Regard i ng outs td!g Storage of
Recreational Vehicles
Pauly reported that the language had been changed in that
a pickup mounted with a topper had been removed from the
definition of a recreational vehicle, some verbiage had
been incorporated from the Bloomington ordinance and
section F had been added to prohibit housekeeping in a
parked or stored recreational vehicle .
Bentley said that the original intent was that occasional
use would be allowed for a day or two, but a permanent
arrangement would not be permitted . Pauly said this would
be difficult to enforce, but a time frame would be
necessary before the final draft was written .
Madeline St . James, 6440 Duck Lake Road, questioned the
height and length restrictions and asked what the.
definition of a street was . St. James was given a copy of
the ordinance to explain the height and length
restrictions and Pauly defined a street as a thoroughfare
on which vehicles traversed, that was owned by the public,
that would include a cul-de-sac, unless the cut-de-sac was
privately owned. St . James asked if there would be a
grandfathering policy. Pauly replied that uses already in
effect at the time the ordinance was adopted could
continue as a non-conforming use, but that if there was an
obvious visual violation it would be up to that individual
to prove that the use was non-conforming at the time of
the ordinance adoption. St . James commented that at this
City Council Minutes 15 July 19, 1988
time there are no storage facilities in Eden Prairie, the
closest facility being in Shakopee .
Mike McCosky, 7251 Topviev Road, stated that he and his
neighbors held a neighborhood meeting and were concerned
about the grandfathering policy. McCosky believed that a
dividing line for height restrictions vas necessary and
that anything over 7 ' should be prohibited . He believed
that ordinance would be an asset to the community.
Marlu Brekke, 16460 Bayvood Lane, submitted a letter to
the Council stating opposition to the ordinance. She
believed that the people wanting the ordinance were in the
minority.
Pidcock moved, seconded by Harris to send the results of
the ordinance to the Planning Commission for a public
meeting.
Peterson stated that his positive vote did not indicate a
strong preference for passing of the ordinance . Peterson
further stated that he vould like to hear more public
comment from the public meetings.
Motion carried unanimously.
D. RsDor& Qf Director of Planning
t Recr tion a Natural
E . �4.Qor� o� ��.XS�tQ.i; o� Parks, �
Resources
1. A_terngte .MCA Earh Entra ge Locatign Study z
a
Lambert reported that the Brauer & Associates study had
been completed and the north end of the Flagship Athletic
Club property vas the preferred site . Lambert said that
he would like authorization to approach three property {
owners- Naegele, Feerick, and the Canadian imperial Bank
of Commerce representatives on the southern site to
obtain quotes on the price of these properties .
NQT ION :
Bentley moved, seconded by Anderson to authorize Staff to
negotiate for the acquisition of the property in the north
study area as the preferred site, and to obtain a price on
the southern site in order to provide comparable options .
Peterson asked Lambert if it would be feasible to enter
into negotiations with only Feerick and if that property
vould be sufficient, if Naegele van not interested.
Lambert replied that Naegele vas not favorable when last
City Council Minutes 16 July 19, 1988
approached and that because of the proposed alignment of
Technology Drive, the City would prefer the northern
4 parcel .
Pidcock believed that the Council had discussed having
someone with expertise to negotiate for this parcel .
Pidcock was concerned that some things might not be
covered in the Contract for Deed.
Peterson commented that he was pleased to see this project
moving along as well as the development of the recreation
area.
Motion carried unanimously.
2 . Recommenda n e n i n 2f the- Pur9at9K
Creek_ Recreation Area
Lambert requested authorization to approach all of the
various property owners that own floodplain property to
obtain either options, Contract for Deed, or dedication of
the property. a
z
QTIION:
Anderson moved, seconded by Harris to authorize Staff to
meet with the property owners to discuss an acceptable
for6 of option or Contract for Deed for transfer of
property to the City in lieu of City commitments for
development of the park area . Motion carried unanimously.
F. Report of girctor of Public Works
1 .
Mitchell Roadleggglarch, Rgad, I .C. 52-051 (Resolution
No. 88-144)
4
Dietz reported that the Mitchell Road bid came in
approximately 15% under the feasibility estimate and Staff
would recommend awarding the contract to the low bidder,
Northdaie Construction in the amount of $1, 314# 379 .50.
HQTIQN :
Harris moved, seconded by Pidcock to adopt Resolution 888-
144 accepting the bid for Project I .C. 52-051 . Motion
carried unanimously.
2 .
goad. i . Q,, 52-132 (Resolution No. 88-145)
Dietz reported that Northdale Construction was the low
bidder . Dietz said that some discrepancy came up in the
City Council Minutes 17 July 19, 1988
bid, in that a new bid sheet had been issued as part of an
addendum, but Northdale Construction had used the original
bid form and consequently left out the section for signs
and striping. Dietz said that Northdale Construction had
been notified of this and agreed that it would complete
the project for the bid that was trade . Dietz suggested a
change in Resolution 088-145 to read : subject to written
verification by Northdale Construction that its bid
includes all signing and striping as provided in Addendum
0 1, that the cost of which shall be incidental to and
part of the total bid price of $237, 172 . 75 .
MOTION :
Harris moved, seconded by Pidcock to adopt Resolution 088-
145 accepting the bid for Project I .C. 55-132 and as
amended to read: subject to written verification by
Northdale Construction that its bid includes all signing
and striping as provided in Addendum 8 1, that the cost of
which shall be incidental to and part of the total bid
price of $237,172 . 75 . Motion carried unanimously.
ti
3 . Reggive
ParjS Ut1litigs . I &, 52-,1,13 (Resolution No. 88-146)
Dietz reported that Northdale Construction was once again
the low bidder and recommended awarding the contract for
Protect I .C. 52-133.
Harris moved, seconded by Pidcock to adopt Resolution 088-
146 accepting Northdale Construction as the low bidder for
Project I .C. b2-133. Motion carried unanimously.
4 V
Dietz reported that several meeting had been held to try
to resolve the Graffiti Bridge situation. He said that
the Soo Line and the Chicago Northwestern had a hand shake
agreement to abandon that 13 mile line, a portion of which
ran through Nden Prairie; however, there would be a site
necessary in. Shakopee to divert the trains so that Chicago
Northwestern could have the right-of-way. The
construction of this site could cost approximately
$900, 000. Dietz said that there were a number of parties
who could benefit if this abandonment were expedited.
Dietz Said that Sden Prairie could save approximately
$800,000, Hennepin County approximately $900,000, State of
Minnesota approximately $200,000, and the Soo Line .
approximately $300, 000 per year . Dietz asked for Council
concurrence to continue to negotiate with the Soo Line,
Chicago Northwestern, Hennepin County and MnDOT to
expedite this abandonment progress . Dietz said the
City Council Minutes 18 July 19, 1988
timeline was tight . He said that the ultimate goal would
be to remove the existing railway embankment so that the
City would not have to build a bridge in the future .
Dietz did not believe the bridge adequate for light rail
transit . He did not believe that by striking an agreement
and paying the $25O,ODO the City would not be guaranteed
that a bridge would never have to be constructed, but that
the best approach would be not to address the issue now.
Dietz further commented that this solution had the
potential for a win-win situation for everyone .
Peterson said that if the City could save money it would
be a good return on the investment for the taxpayers .
Dietz pointed out that if the City did nothing at all the
City might get by with paying nothing . It was his opinion
that if the City would be assured the abandonment would
take place this year, the money to be paid would be a good
investment.
Lambert said that the City should also consider the
property for a trail . Lambert assumed that by paying this
money the City would obtain ownership of the land. Dietz
said this was correct . Peterson said that a trial would
need a bridge. Lambert said that many trails could be
provided for the area without a bridge.
/ Bentley was concerned about spending 0250, 000. He said
1 that the City had waited for sometime on this item and
wondered how such longer the City might have to wait to
save the $250,000 . Dietz replied that there was the
potential of a "death strike„ for the Chicago Northwestern
and this could leave the door open for many things. Dietz
believed the timing was right and that if the City could
get the bridge requirement out now there would be a
potential for substantial savings . Dietz believed that 3
waiting had the potential to backfire and the City could
end up spending much more.
Pidcock said that the residents that drive Valley view
Road everyday want something done .
MOTION:
Harris moved, seconded by Pidcock to authorize Staff to
continue the current posture in negotiations with
authorization to expend up to $250, 000 in the process.
Motion carried unanimously.
G. Roport of Finan,.gc Director
City Council Minutes 19 July 190 1988
XI . NEW BUSINESS
X I T . &Qg"j&.BENT
Meeting adJourned at 10:05 PM.
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