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HomeMy WebLinkAboutCity Council - 10/23/1990 - Special Meeting APPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY , OCTOBER 23 . 1990 7 : 30 PM , CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMSF.RS : Mayor Gary Peterson , Richard Anderson . Jean Harris , Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF : City Manager Carl J . Jullie , Assistant to the City Manager Craig Dawson , Director of Public Works Gene Dietz , City Engineer Al Gray . Director of Parks , Recreation & Natural Resources Bob Lambert. and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL -- All members were present . i I . (BALL TQ ORDER May®r Peterson called the meeting to order at 7 : 35 PM . II . APPRDYAL. OF AGENDA City Manager Jullie added an item regarding the Eden Prairie Crime Prevention Fund ' s request to include a notice with the homestead application cards . Pidcock added an item regarding information on the Flying Cloud Landfill issue . Anderson added an iztem regarding Birch Island Lake . MOTION: Pidcock moved . seconded by Harris , to approve the Agenda as published and amended . Motion carried unanimously . III . DISCUSSION OF FLOODPLAT-N STORAGE IN EDENVALEGOLF T WOODS TOWNHOMES City Manager Jullie introduced Bob Obermeyer , engineer for the Watershed District , and Conrad Fiskness , President of the Riley- Pur6—atory-Bluff. Creek Watershed District . Mr . f)bermeyer reviewed the findings of the flooding investigation within the Riley-Purgatory-Bluff Creek Watershed District as presented in the report included in the Council packets . He said the report concerned the flooding produced by the approximately 15 znches of rainfall received in Eden Prairie during the week of .July 27 . 1987 . City Council Meeting " October 23 , 1990 Obermeyer said the City asked the Watersheds District to reevaluate the management elevation that they use in regulating development adjacent to the Purgatory Creek floodplain . He said the policies currently use the City ' s comprehensive land use plan and the 100-year frequency rainstorm event . He noted that this is consistent with the 1969 `^.innesota state floodplain rules and regulations . Obermeyer said the analysis indicated that the management elevations in use since 1973 do not need to be modified despite the fact that the 1987 rainstorm event exceeded the design parameters . He said the report addressed the request presented by the Fairway Woods Townhome Association to alter the culvert at Mitchell Road to allow additional water to be discharged downstream in such a storm . Obermeyer said the report presented several options including one dealing with the construction of a culvert beneath Mitchell Road , another that would lower the road to provide emergency overflow , a third option to floodproof existing structures that are above the flood elevation but experienced flooding during the 1987 event , and a Fourth to suggest residents purchase flood insurance . Peterson noted that the Council met with the entire Watershed f Board on October 9th . l Al Bruce , 14388 Fairway Drive , said he thought the report was well done and very objective . He said he would prefer the alternative of they 40-foot weir although he realized it would be the most expensive of the three proposed alternatives . Director of Public Works Dietz said he thought a summary of the discussion Council had with the Watershed District might be helpful . He said one concept discussed was that of trying to change the standard in one area and then having to be concerned with what to do in the other areas . He said the state has mandated protection to the 100-year frequency storm . He noted that , while the cost to provide additional protection to the Mitchell Road area is not very large , there are other areas that might need to be changed in order to provide similar levels of protection that would cost much more . He said he thought it is important to consider that the likelihood of quch an event happening again is very remote , and that flood insurance might be the most cost effective method of dealing with the situation . Gordon Justus , 14451 Fairway Drive , asked what the costs would be to put in the extra culvert in Mitchell Road . Obermeyer said it was $ 130 , 000 . Justus said the Homeowners Association spent $40 , 000-50 , 000 to repair homes after the flood . Regarding the alternative to construct berms , he said he W-S concerned that they would obnt.ruct the view . Justus said he thought a lot of changes have occurred since the original study was done in 1973 and those changes might cause water to run off more rapidly . Obermeyer said the flood City Council Meeting 3 October 23 , 1990 r elevation is based on ultimate development conditions determined by the Cits ' s comprehensive land use plan . Dietz said , in s previot..Ls discussion with Mr . Dye , he determined that the water in some of the flooded units was about 6 inches deep . Based on that_ depth , he said a dike as small as one foot high would have sowed tht, flooding problem in those units and would not affect the view . In addition , he rioted that a dike would be less expensive than the changes in Mitchell Road . Bob McCarthy , 14363 Fairway Drive , said it was the excess water that caused the problem and that could be disposed of with the extra culvert underneath 'Mitchell Read . He said he understood that would not disturb the 100-year frequency protection so he didn ' t see any ramifications on a City-wide basis if the culvert were to be constructed . Obermeyer said the culvert would provide a greater level of protection for a storm in excess of the 100-year frequency event and there art? homes in other areas that might qualify for similar protection levels . Jullie noted there were several neighborhoods that were flooded in the same storm that might demand similar treatment if changes are made to the Mitchell Road area . President of the Fairway Woods Condominium Association , Delevan ( Dye , 14405 Fairway Drive , reviewed the letters and petition sent to the Council on this situation and the history of development in the Mitchell Road area . He said he believes something can and should be done to :alleviate the situation , especially because their resale values have been affectf-d . He said tie thought a culvert could be put in that could be opened only when the water would not affect areas downstream . Peterson said he was satisfied with the probabilities that have been proposed and with the policies that have been developed in the development philosophy of the City . While he was sympathetic to those who suffered damage , he said he thought the calculations that inform us as to the 100-year event and then prescribe our building codes are adequate . He said he would not be in favor of City expenditure for additional protection for this area nor for additional protection to the entire City , as it would not be economically feasible , lie noted that the recently approved dredging plan for the Edenvale Golf Course should improve the value of property in the area . Harris asked what level the flood was , since it. exceeded the 100- year event . Obermeyer said they can only say it exceeded the 100-year frequency event because they only have 100 years of data to work with . Harris asked what implications alterations made at: this site would have to areas downstream and what_ modifications would then have to be made in those areas . Dietz said there would be erosion problems downstream as more water was let go , and we could expect the people downstream to want the same consideration . City COl]nCll "feetint; '+ October 23 , 1990 City Engine- er Cray said he rec-ilIed that at the time the Edenvale Corporation designed the culvf•rt the study was underway of the entire Watershed area and there was a preliminary design available . He said there was discussion a` that time about the size of the culvert and that the intent was that Mitchell Road would be a dam . He said holding the excess water behind Mitchell Road after the flood had :a lot to do with mitigating the damage in the lower creek vallev . Harris asked if the dredging planned in the golf course would provide additional movement of water . Gray said it will have very little impact on the 100-year flood elevation but it should improve the aesthetic features and the playability of Lhe golf course . Pidcock asked if Larry Laukka got variances when he built the project . Dietz replied that he did not and that the same standards for elevation were applied there as are :applied in other areas of the city . Tenpas said he thought the perception that a flood may reoccur is affecting the v:zlue of the Fairway Woods townhomes . He said he would not be opposed to look for a cast-effective remedy to the situation . He said he thought a low berm could be built at r limited expense to the City that would improve the property values . Anderson noted that the worst_ floods he has seen have occurred from rapid snow melt , and he asked if that was taken into consideration in the 100-year flood calculations . Obermeyer said it is taken into account in setting elevations . I Dye said the question raised in their August 7t h letter was whether the evaluation made in 1972 when the culvert was built under Mitchell Road was in error . Dietz said the purpose of the City ' s request to the Watershed District was to see if there were errors made , and the results of the study show that it was correctly designed for a 100-year frequency event . Dietz said the primary storage area for this part of Eden Prairie is the golf course and the culverts hav4a been designed so that flooding does occur on the golf course following heavy rainstorms . Pidcock asked if the report that four units were flooded was correct . Dye said there were eight homes flooded . Oberme.yer said there were four structures with a total of eight units e flooded . 4 Barris said that berming would add a measure of protection and would give a kind of intermediate option . She suggested the possibility of the homeowners participating in the construction , thereby setting the precedent for owner participation . She said that enlarging the culvert would not solve the over-100-year frequency problem and that berming seems to be a simple remedy . � i i l 4 I City Council Meet ing S nctotjer 23 . 1990 i MOTION : Tenpas moved , seconded by Pidcock to direct St.iff to analyze what size berm would !,e needed to give the same protection as alternatives 1 and 2 .and to return to the Council with the size And cost figures . Tenpas said his motion woceJd deal with a perceived problem of property values in the area rind would not change policy regarding flood protection levels . Harris said she felt we are establishing a policy and that the same criteria would apply to other areas iit the City . Peterson said he would oppose :any expenditcre of money by the City to design :a berm as he felt the Connell would be morally bound to plan the same levels of protection► for everybody in the city . Harris and Anderr:nn noted that the berm was not an acceptable solution to the homeowners who said that they would only accept a change in the culvert . Dye said they want a relief culvert that would control the release of water so that water would never reach the hei ht it did when they were flooded . Tenpas called the question . VOTE ON THE MOTION: Motion defeated with Anderson , Harris Peterson and Pi.deock opposed . Pidcock asked Mr . liatik , attorney for the Watershed District , for his suggestions . Mr . Haik said he advises the district regarding the standards that public policy has set . He said the problem is occurring in other areas such as Edina where there have been lawsuits about the standard . He said a decision as to the standard is not with the Watershed District but with the state legislature . He said if it. had not been for the standards , the damage would have been much more from a storm of this size . MOTION : Tenpas moved , seconded. by Pidcock . to reaffirm the standards and policies of the Watershed District in the City of Eden Prairie . Motion carried unanimously, i IV . OTHER BUSINESS A . InforMa ion on Birch Islam Lake Anderson said several residents around Birch. Island Lake have complained about lower water levels in the lake . He said a report from the Nine Mile Creek Watershed District shows that the lake is :as low as it has ever been . Anderson d asked why the lake is so low . O bermeyer responded that it is a function of the dro►sght conditionE� and that it has a � ;mall watershed-to-lake-area ratio . t Obermeyer said that drought condition% have a tremendous impact on this type of lake . He said it will take a long, City Council Meeting 6 October 23 , 1990 time for tht- lake to come hack up :as it is about r,t—:en feet below its outlet. Elevation . Anderson asked if there is any remedy . Obermeyer said the only other option would be to install an augmentation well such as the one in Penn Lake in Bloomington, which is a very expensive option . Anderson said tie was concerned about the trees growing in the lake bed as tho lake fill : back up . Obermeyer said the trees may have to be removed but that the district has provisions to enter into a cooperative agreement with the City for maintenance if that is necessary . Anderson asked if there is anything that can be done now . Obermeyer said he would suggest_ that he meet with City staff to take a look and come back with recommendations . MOTION: Anderson moved , seconded by Harris , to have the Watershed Di strict engineers meet with Staff and report bacl: to the Council with possible remedies for the lake . 'Mot ioil carried unanimously . B . Iden Prairie Crime Prevention Fund ReQuest Jullie said they are proposing to send a notice with the homestead cards that would inform residents about the Eden Prairie Crime Prevention Fund and would solicit donations fur the fund . fie said this; is done in other communities . YOTION : Harris moved , seconded by Pidcock , to send such a notice :-jith the homestead application cards . Motion carried unanimously . C . UDS]ate on Flying Cloud Landfill Issue Pidcock announced that Woodlake withdrew their application for expansion of the landfill . Jullie noted that the Minnesota Court of Appeals dismissed the appeal by Woodlake regarding the airport proximity rule . D . Adopt a Highway Discussion Pidcock said she would like staff to return with some information on the Adopt-_ a Highway program that could be given to organizations that .are interested in that program . Anderson said he would like to know who is responsible for this program in the City as he has had inquiries about it . Jullie said he thought it was a MnDOT }grogram . Y 1 Pidcock said she would like to get the information so that we can get the program organized . Tenpas said he would like to secs the program extended to the :"ia jor Center Area . City Council Meeting 7 October 23 , 1990 V I I . ADJQURNMENT MOTION: Pidcock moved , seconded by Harris , to adjourn the meeting at 9 : 35 PM . Motion carried unanimously . l } i A