HomeMy WebLinkAboutCity Council - 04/06/1993 • MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, April 6, 1993 IMMEDIATELY FOLLOWING HRA MEETING
CITY COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL AIF,MRERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin
lessen, 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,
Senior Planner Mike Franzen, Planner David Lindahl, Park Planner,
Barbara Penning Cross, and City Engineer, Al Gray
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:40 p.m. All members were present.
RESOLUTION AWARDING SALE OF GENERAL OBLIGATION PARK BONDS, SERIES 1993A (the
"Park Bonds") IN THE AMOUNT OF $3,400,000
MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-54, awarding sale of General
Obligation Park Bonds, Series 1993A, in the amount of$3,400,000. Motion carried unanimously.
RESOLUTION AWARDING SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES
1993B (the "Improvement Bonds") IN THE AMOUNT OF $2,695,000
MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-55, awarding sale of General
Obligation Improvement Bonds, Series 1993B, in the amount of$2,695,000. Motion carried unanimously.
RESOLUTION AWARDING SALE OF GENERAL OBLIGATION WATER AND SEWER REFUNDING
BONDS, SERIES 1993C (the "Water and Sewer Refunding Bonds") IN THE AMOUNT OF$6,715,000
MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-56, awarding sale of General
Obligation Water and Sewer Refunding Bonds, Series 1993 C, in the amount of$6,715,000. Motion carried
unanimously.
MOTION: lessen moved, seconded by Harris, to adopt Resolution #93-57, authorizing the execution and
delivery of a first amendment to Series B Lease Agreement with respect to certain revenue bonds of the
Housing and Redevelopment Authority. Motion carried unanimously.
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City Council Minutes 2 April 6, 1993
• I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added Item X.A.3., Registration for Programs at Community Center: Item X.A.4..
Use/Support of Transportation Services of Southwest Metro.. Tenpas added Item X.A.S..Update
on Legislative Session at State Capitol.
MOTION: Pidcock moved, seconded by Harris, to approve the agenda as presented and amended.
Motion carried unanimously.
U. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 16, 1993
MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the meeting held March
16, 1993, as submitted. Motion carried unanimously.
III. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. 2ND READING FLOOD PLAIN REGULATION ORDINANCE FLOOD PLAIN ORDINANCE
REVISION(Ordinance#7-93,Amending City Code;Resolution#93-58,Authorizing Summary for
Publication)
C. ST. ANDREW LUTHERAN CHURCH by St. Andrew Lutheran Church. 2nd Reading of an
Ordinance requesting PUD District Review with waivers on 59.70 acres and Rezoning from Rural to
Church on 4.8 acres; Approval of Developer's Agreement for St. Andrew Lutheran Church; Adoption
of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and
Adoption of a Resolution Approving Site Plan for St. Andrew Lutheran Church. (Ordinance #8-93-
PUD-1-93,PUD District Review with waivers and Rezoning from Rural to Church;Resolution#93-
59, Authorizing Summary and Publication; and Resolution #93-60, Site Plan Review)
D. MARKHAM ADDITION by John Markham. 2nd Reading of an Ordinance requesting Rezoning from
Rural to R1-13.5 on 22.97 acres; Approval of Developer's Agreement for Markham Addition;
Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said
Summary. Location: South of Townline Road. (Ordinance #11-93, Rezoning from Rural to Rl-
13.5; and Resolution #93-61, Authorizing Summary and Publication)
E. RESOLUTION#93-62, APPROVING THE FINAL PLAT OF MARKHAM ADDITION (located
south of Townline Road and west of Heathbrook Drive)
F. FAIRFIELD SOUTH by Centex Real Estate Corp. 2nd Reading of an Ordinance requesting Zoning
District Change from Rural to R1-13.5 on 16.2 acres and from Rural to R1-9.5 on 26.6 acres; Approval
of Developer's Agreement for Fairfield South; Adoption of a Resolution Authorizing Summary of an
Ordinance and Ordering Publication of Said Summary. Location: South of Townline Road.
. (Ordinance #10-93, Rezoning from Rural to R1-13.5; and Resolution #93-63, Authorizing
Summary and Publication)
City Council Minutes 3 April 6, 1993
• G. RESOLUTION #93-64, APPROVING THE FINAL PLAT OF FAIRFIELD SOUTH (located at
the southwest corner of CSAH 1 and the future Braxton Drive)
H. EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND REMODELING by I.S.D.272. 2nd Reading
of an Ordinance requesting Zoning District Amendment within the Public Zoning District on 47 acres;
Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said
Summary; and Adoption of a Resolution Approving Site Plan for Eden Prairie High School. Location:
17185 Valley View Road. (Ordinance#9-93, Zoning District Amendment within the Public Zoning
District; Resolution #93-65, Authorizing Summary and Publication; and Resolution #93-66, Site
Plan Review)
I. PROCLAMATION FOR VOLUNTEER RECOGNITION WEEK (April 18 - April 24. 1993)
J. RESOLUTION #93-67, APPROVING THE FINAL PLAT OF BELL OAKS ESTATE 2ND
ADDITION (located south of Riverview Road, east of Homeward Hills Road)
K. RESOLUTION#93-68. APPROVING THE FINAL PLAT OF BLUFFS WEST 12TH ADDITION
(located north of Wild Heron Point)
L. RESOLUTION #93-69, AWARDING FIRE HYDRANT PAINTING CONTRACT, I.C. 93-5319
M. RESOLUTION #93-70 AWARDING MAINTENANCE MATERIALS/WATER TREATMENT
CHEMICALS CONTRACT
N. RESOLUTION #93-71. APPROVING COOPERATIVE AGREEMENT FOR STORM SEWER
COSTS ON TECHNOLOGY DRIVE S P 2762-15 I.C. 93-5307
O. RESOLUTION #93-72, AUTHORIZING SALE OF LAND TO MnDOT FOR T.H. 212, I.C. 51-
348
P. RESOLUTION#93-73,APPROVING PLANS AND SPECIFICATIONS FOR BRAXTON DRIVE
IMPROVEMENTS, I.C. 52-189
It was noted that item I. represented a proclamation for school volunteers, only. Staff explained that a
proclamation for all the City's volunteers would be forthcoming, but that this particular proclamation was
to be presented at a special school event during the week specified.
MOTION: Harris moved, seconded by Pidcock, to approve Items A. - P. of the Consent Calendar.
Motion carried unanimously.
IV.PUBLIC HEARINGS/MEETINGS
A. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary Plat
of three acres into three lots and Zoning Code variances to be reviewed by the Board of Adjustments
and Appeals: Location: Willow Creek Road (Continued from March 16, 1993)
City Council Minutes 4 April 6, 1993
• MOTION: Pidcock moved, seconded by lessen, to continue this item to the April 20, 1993, meeting.
Motion carried unanimously.
B. SPECIAL ASSESSMENT HEARING, I.C. 52-067 (Resolution)
Gray explained the proposed utility improvements for Rowland Road and the assessments to be levied
for each parcel involved. He noted that a letter of objection had been received from Interstate Diesel.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by lessen, to close the Public Hearing and adopt Resolution#93-
74, approving the assessment roll for I.C. 52-067. Motion carried unanimously.
C. VILLAGE KNOLLS 2ND ADDITION by Wooddale Builders. Request for PUD Concept on 34 acres,
PUD District Review on 34 acres and Zoning District Amendment in the R1-13.5 on 19.1 acres,
Preliminary Plat of 19.1 acres into 44 lots. Location: East of Homeward Hills Road (Resolution for
PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment in the
R1-13.5 Zoning District; and Resolution for Preliminary Plat)
Randy Hedlund, consultant for the developer, presented the proposal details noting that it represented
Phase II of the Village Knolls PUD approved in 1990. The 2nd Addition showed one lot less than was
conceptually approved in 1990.
Councilmembers raised questions about erosion at the Creek. Steve Schwieters, developer, stated that
he had not witnessed any evidence of erosion over the last few weeks while walking the property.
Hedlund added that the trees on the property and the protective measures planned during development
would help insure against any erosion during construction.
Tom Maser, Horseshoe Trail, asked about plans to lower the grade of the slope near his house. The
slope was 12-15 ft. higher than the yard. Schwieters said he would contact the neighbors in that area
about dealing with the slope during construction.
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the Public Hearing;
2) Adopt the Resolution #93-75, adopting PUD Concept Review;
3) Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment
in the R1-13.5 Zoning District;
4) Adopt Resolution #93-76, approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
• recommendations.
Motion carried unanimously.
City Council Minutes 5 April 6, 1993
• D. COMMUNITY DEVELOPMENT BLOCK GRANT YEAR XIX (1993 - 1994) Funding
Recommendations
For grant year XIX, the City's entitlement had increased to $168,603.00, an increase of 90% over the
previous year due to changes in census data. The Human Rights &Services Commission recommended
activities to be funded. The major difference from previous years was several significant allocations
for compliance with the Americans with Disabilities Act (ADA).
Councilmembers asked about the number of families served by the child care allotment. Lindahl
responded that this amount helped between five and nine families, depending on the number of children
involved in each family. Councilmembers asked for a report from the Greater Minneapolis Day Care
Association about how recipients moved through the system. Grace Norris, representing the
Association, said that she would forward a report to the Council as soon as possible.
Sharon Johnson, Mortgage Foreclosure Prevention Project, explained her program. The agency acted
as a facilitator to provide information, or aid, to families needing mortgage assistance. She said that
the second greatest number of calls had been received from Eden Prairie residents.
MOTION: Jessen moved, seconded by Pidcock, to:
1) Close the Public Hearing; and
• 2) Adopt Resolution #93-77, approving the proposed program for CDBG Year XIX, and authorizing
its submittal to Hennepin County.
Motion carried unanimously.
E. RESOLUTION AMENDING CHAPTER 4 OF THE COMPREHENSIVE GUIDE PLAN ADDING
PROVISIONS FOR NATIONAL URBAN RUNOFF PROGRAM PONDS AND MINNESOTA
POLLUTION CONTROL AGENCY URBAN. "BEST MANAGEMENT PRACTICES"
Councilmembers agreed with the importance of good management practices involving the protection of
environmental resources. They also agreed that requirements of this type by other agencies, sans
funding foi implementation and maintenance in the future, tended to force the costs of housing to be
even higher and to thwart the efforts for development of affordable housing. They believed that it was
important for other agencies to be cognizant of this problem. There were no comments from the
audience.
MOTION: Jessen moved, seconded by Harris, to:
1) Close the Public Hearing; and
2) Adopt Resolution #93-78, amending Chapter 4 of the Comprehensive Guide Plan.
iMotion carried unanimously.
City Council Minutes 6 April 6, 1993
• F. "MINING OPERATION. LAND ALTERATION AND ENVIRONMENTAL PRESERVATION
REGULATION" Providing for National Urban Runoff Program (Ordinance)
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the Public Hearing; and
2) Approve the 1st Reading of the Ordinance revising Section 11.55 of the City Code.
Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Hams, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye."
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS, REQUESTS AND COMMUNICATIONS
• A. Request from Eden Prairie Land Trust (EPLT) Continued from March 16, 1993
Jullie explained the restraints on the City in terms of meeting the requests of the EPLT. Diane Lynch,
representing EPLT, said the organization understood the restraints on the City's resources and explained
that the organization was more interested in the support of its efforts by the City.
Councilmembers discussed its support of other organizations and expressed concern that all such groups
requesting support of any type from the City be treated consistently.
VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
IX. APPOINTMENTS
A. Appointment of Community Representative to the South Hennepin Regional Planning Agency
(SHeRPA) Continued from March 16, 1993
MOTION: Pidcock moved, seconded by lessen, to appoint Peg DuBord as the Community
Representative to the South Hennepin Regional Planning Agency (SHeRPA). Motion carried
unanimously.
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City Council Minutes 7 April 6, 1993
B. Appointment of a Citizen Representative to fill an unexpired term to February 28, 1994 on the
Flying Cloud Airport Advisory Commission
MOTION: lessen moved, seconded by Harris, to appoint Rob Kilpatrick to fill the unexpired term to
February 28, 1994, on the Flying Cloud Airport Advisory Commission. Motion carried unanimously.
X. REPORTS OF OFFICERS
A. Reports of Councilmembers
1. Council Ethics and Gift Practices
Pidcock said she believed the City was fortunate that it had an ethical Council and ethical
employees. She recommended a written policy incorporating standards or principles of ethics to
be followed by the City and suggested that the standards be set high. Councilmembers rearmed
the need for elected officials and employees to recognize that perception is reality, especially with
respect to ethics. Council directed Staff to prepare a value statement or code of ethics for the City.
2. National League of Cities Conference Report
• lessen and Pidcock summarized the workshops attended by them at the National League of Cities
Conference in Washington, D.C. Workshops in which they participated included study of such
topics as privatization of public services, environmental preservation, cable television, and diversity
training.
3. Registration for Programs at Community Center
Pidcock noted a recent article in the Eden Prairie News regarding registration procedures at the
Community Center. Laurie Helling explained the changes which had already been implemented in
the registration procedure and changes which were planned for the future. She noted that, while
the article was critical of the process, the Center Staff was well aware of problems and had been
studying other methods for over six months. She said that additional recommendations would be
coming to the Council for review soon.
Councilmembers concurred that the changes proposed would be helpful. It was suggested that this
be an item on the agenda for a joint meeting with the School Board.
4. Southwest Metro
Pidcock reported on the upcoming reverse commute event scheduled for April 14th. She also
reported that, for the job fair scheduled for April 27th, it was expected that 80 businesses would
be represented. Pidcock suggested that the City could use the services of Southwest Metro more
• frequently, for example, in sending employees to seminars, and thereby set an example for other
businesses to follow in utilization of mass transit.
City Council Minutes 8 April 6, 1993
5. Update on Legislative Activities
Tenpas reported on several proposed bills in the Legislature which would impact Eden Prairie. The
Orfield housing bill was of particular concern because of conditions which would, in effect, remove
local controls over development and housing, particularly in developing suburban communities like
Eden Prairie. He also mentioned the proposed bill to coordinate all the radio communications
within the seven-county metro area and commended Jim Clark and Gary Therkelsen for their input
on the bill on behalf of the City.
B. Report of City Manager
1. Naming of New City Hall Continued from March 16, 1993
Councilmembers discussed options for naming the new building at 8100 Mitchell Road, which
would eventually serve more functions than just being a City Hall. A city-wide naming competition
was suggested. Councilmembers agreed to postpone their decision on a name at this time.
2. Schedule for Joint Meetings with Boards & Commissions
Council directed Staff to begin scheduling joint meetings with Boards and Commission starting at
6:00 p.m. before regular meetings. Staff was also directed to schedule a joint meeting with the
• School Board.
C. Report of Director of Parks, Recreation & Natural Resource
1. Cedar Forest/Hilltop Neighborhood Park Acquisition Status Update Continued from March
1691993
Cross reported on two parcels which Staff was pursuing for park acquistion purposes in the
southwest area of the City. She explained that an appraisal had been completed on the Swanson
parcel, but that the Atkins parcel had not been appraised. Councilmembers concurred that it would
be best to keep all options open at this time and directed Staff to proceed with an appraisal of the
Atkins property.
2. Recommendation from the Natural Resources Study Committee
Cross reported on the progress of the Natural Resources Study Committee and explained its
recommendations to the Council.
MOTION: Harris moved, seconded by Jessen, to adopt the following recommendations of the
Committee:
a. Direct City Staff to purchase aerial interpretive contour maps for the remaining bluff property
• and Riley Creek corridor at an approximate cost of$5,350.
City Council Minutes 9 April 6, 1993
• b. Direct Staff and the Committee to limit the study to the seven sites described by the Committee
and authorize Staff to notify all the property owners in the original study area regarding the
study and possible eventual purchase by the City.
Motion carried unanimously.
3. Recommendation for Hiring a Consultant for Evaluating Community Center Pool
MOTION: Jessen moved, seconded by Pidcock, to retain the services of Lundquist, Willmar,
Potvin and Bender, Inc. to conduct a study and make recommendation for improvements to the air
handling and disinfectant systems at the Eden Prairie Community Center pool. Motion carried
unanimously.
XI. OTHER BUSINESS
XH. ADJOURNMENT
MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Motion
carried unanimously.