City Council - 09/15/1992 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
• TUESDAY, SEPTEMBER 159 1992 8:00 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCE MEMBERS: Mayor Douglas Tenpas, Richard Anderson,Jean Harris,H. Martin
Jessen, 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 Parks,
Recreation &Natural Resources Robert Lambert, and Director of
Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 8:00 p.m. All members were present.
PRESENTATION BY MINNEGASCO TO THE CITY OF EDEN PRAIRIE
Ms. Barb Blattner presented a plaque to the City from Minnegasco in recognition of 40 years of service to Eden
Prairie, along with a cash gift to be used for purchase of a tree.
• PROCLAMATION DESIGNATING OCTOBER, 1992, AS TOASTMASTERS MONTH IN EDEN
PRAIRIE
Mayor Tenpas presented a Proclamation designating October, 1992, as Toastmasters Month in Eden Prairie.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added items X.A.2.. Report on League of Cities. Harris added item X.A.3.. Resignation from
Community Needs and Resources Council. Jullie added items III. L. Appeal from the Decision of the
Board of Appeals for Edwards.and M.Receive 100%Petition for Public Improvements and Ordering
Preparation of Plans and Specifications. I.C. 52-282, Resolution No. 92-201.
MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as amended. Motion carried
unanimously.
II. MINUTES
A. Joint City Council/Waste Management Commission meeting held Tuesday. September 1. 1992
MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Joint City
Council/Waste Management Commission meeting held September 1, 1992, as submitted. Motion
• carried on a 4-0-1 vote (lessen abstained).
City Council Minutes 2 September 15, 1992
B. City Council meeting held Tuesday. September 1. 1992
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Counci�
meeting held September, 1, 1992, with the following correction: Page 5, paragraph 1, amend the date
"February 28, 1992" to read "February 28, 1994." Motion carried on a 4-0-1 vote (Jessen
abstained).
M. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Reading of Ordinance No. 32-92, Granting a Franchise to Northern States Power (NSP)
C. Final Plat Approval of Windfield 3rd Addition (located south of TH 5 and west of Dell Road)
Resolution No. 92-206
D. Approve Change Order No. 4 for Cedar Ridge Estates 2nd Addition, I.C. 52-225
E. Approve Change-Order No. 4 for Bluffs West 9th, Bluffs East 8th, Bluestein Ridge and Hawk
High Ridge, I.C. 52-224, I.C. 52-223, and I.C. 52-199
F. Approve Change Order No. 4 for Eden Hills (Bluffs East 11th Addition), I.C. 52-243 and I.C.
52-212
G. Approve Supplemental Agreement No. 1 for Dell Road Improvements, I.C. 52-126 •
H. Proclamation for Citizenship Day and Constitution Week
I. BLUFFS E. 10TH ADDITION by Hustad Development. 2nd Reading of Ordinance No. 25-91-PUD-
8-91, Rezoning from R1-22 to R1-13.5 on 12.3 acres; Approval of Developer's Agreement for Hustad
Development; Adoption of Resolution No. 92-199, Authorizing Summary of Ordinance No. 25-91-
PUD-8-91 and Ordering Publication of Said Summary. Location: Southwest of Bluff Road between
White Tail Crossing and Wild Duck Pass (Ordinance No. 25-91-PUD-8-91 - Rezoning to 111-13.5;
and Resolution No. 92-199 - Authorizing Summary and Publication)
J. Approving Third Party Agreements - CDBG Program Third Party Agreements with Senior
Community Services and Greater Minneapolis Day Care Association-Community Development Block
Grant Program. (Resolution No. 92-195)
K. Approve Traffic Control Signal Agreement for Leona Road and TH 169 Signals, I.C. 52-233
(Resolution No. 92-211)
L. Appeal from the Decision of the Board of Appeals for Edwards
M. Receive 100% Petition for Public Improvements and Ordering Preparation of Plans and
Specifications, I.C. 52-282 (Resolution No. 92-201) .
MOTION: Harris moved, seconded by Pidcock, to approve Items A. - M. of the Consent Calendar.
Motion carried unanimously.
City Council Minutes 3 September 15, 1992
IV.PUBLIC HEARINGS/MEETINGS
• MOTION: lessen moved, seconded by Pidcock to amend the agenda to consider item VII. A.. Petition
for an Environmental Assessment Worksheet for the Fairfield West Subdivision prior to other items
relating to the Fairfield West Subdivision. Motion carried unanimously.
NOTE: During the meeting,the following three items were discussed concurrently, with information
for each individual technical request applicable to the other requests.
A. Petition for an Environmental Assessment Worksheet (EAW) for Fairfield West Subdivision.
B. FAHUMLD WEST by Centex Homes. Request for Rezoning from Rural to R1-13.5 on 23.5 acres;
Preliminary Plat of 23.5 acres into 40 lots, 2 outlots and road right-of-way. Location: West of
Fairfield, south of Scenic Heights Road#212. (Reconsideration of Motion for Ordinance No. 29-
92 - Zoning District Change from Rural to R1-13.5, and Resolution No. 92-167 - Preliminary
Plat) Continued from August 18, 1992
C. BIG WOODS DISCUSSION - Eden Prairie Land Trust
Chuck Wilcox, 16427 S. Manor Road, co-chair for the Eden Prairie Land Trust (EPLT), the
organization planning to raise funds for purchase of the "Big Woods," explained the structure of the
group. He explained fundraising approaches being considered and reported on progress so far.
• On behalf of the EPLT, Wilcox expressed concerns including: the City's enforcement of tree
replacement policies; potential for setting a precedent of allowing development in the "Big Woods,"
if the entire proposal was approved; and, a desire to see Rl-44 zoning as a minimum for lots located
on the fringe of the 'Big Woods."
Jim Gilbert, a nature expert, spoke to the advantages of preservation of the Big Woods remnant, noting
that, despite the logging and grazing which had taken place in years past, the forest was still dense and
offered many educational opportunities.
Diane Lynch, representing EPLT, defined the fundraising plans in greater detail, noting that
contributions would be solicited from individuals and corporations, fundraising events would be
organized to include benefit concerts and sports clinics, and public funding would be pursued for all
available resources, including the potential of forming a partnership with the School District.
Jim Ostenson, Tandem Properties, owner of the property, reviewed discussions with EPLT regarding
the purchase of the "Big Woods" portion of the property. He explained that Tandem offered an option
until March 15, 1993, to EPLT, granting an opportunity to purchase the remaining lands owned by
Tandem which were located within the "Big Woods." Ostenson said this would include the
northwestern eight (8) lots of the proposed plat located in the fringe area of the woods. If the eight
(8) lots were purchased by EPLT, then the lots would never be developed. If the lots were not
purchased, then the developer would, after March 15, 1993, include the lots within the final phase of
the Fairfield West development.
• Councilmembers asked questions regarding the percentage of tree loss with the revised plan; how
Candlewood Parkway would be designed in lieu of the revised plan; whether a precedent would be set
City Council Minutes 4 September 15, 1992
by allowing the majority of the Fairfield West development to be zoned R1-13.5; and, whether other
areas of "Big Woods" existed in Eden Prairie. •
Ostenson stated that tree loss would remain approximately the same with the revised plan, unless, of
course, the eight(8) lots on the fringe of the woods in the option offered to EPLT were not developed.
He also explained that Candlewood Parkway would be constructed about one-third of its originally
proposed length by the revised plan, and then would connect to the east into the remaining portion of
the development.
Pauly explained that the Council would be able to require R1-44 zoning in the future, regardless of
the zoning granted for the majority of the Fairfield West development. He noted that issues related
to tree loss could provide a strong influence on such a decision.
Lambert reported that he and Kurt Rusterholtz, the Forest Ecologist who initially accompanied the tour
of the "Big Woods" of the Fairfield West proposal, had inspected another 40-acre remnant of "Big
Woods" growth located approximately one mile south of the Tandem land. Rusterholtz's findings were
that the two sites were similar, but that the site further south had about 10 to 15 acres of higher quality
woods, was better drained, and there was a greater variety of flora and fauna present. Lambert added
that 20 acres of the more southern site were designated on the City's Comprehensive Guide Plan for
preservation within a City park.
MOTION: Harris moved, seconded by Pidcock, to close the public hearing. Motion carried
unanimously.
(Mayor Tenpas declared a recess at 9:30 p.m. The meeting resumed at 9:45 p.m.) •
Councilmembers discussed the need for an EAW with Staff and the proponent. Pauly explained that
the proposal would be exempt from EAW requirements if there were less than 40 lots involved.
Ostenson stated that Tandem and Centex were further revising the plan at this time to eliminate Lot
2, Block 3 along the west side of the proposed development, in order to allow the development to fall
within the exempt category for preparation of an EAW. Enger explained that this meant the
development must remain as a 39-lot development; if not, the addition of another lot would remove
the development from the exempt category.
MOTION: Harris moved, seconded by Jessen, that the City of Eden Prairie finds that the proposed
Fairfield West development as currently constituted with 39 lots is exempt from Environmental
Assessment Worksheet review process. Motion carried unanimously.
Pauly stated that, procedurally, the Council now had on the table its reconsidered motion for the
approval of the zoning and platting request from the previous meeting.
Harris requested that the two actions be split. The other Councilmembers concurred.
MOTION TO AMEND: Harris moved, seconded by Pidcock, to amend the requested zoning by
deleting the following lots as depicted in plans dated July 29, 1992: •
Lots 1-5, Block 1
Lots 29-33, Block 2
City Council Minutes 5 September 15, 1992
Lots 1 and 2, Block 3
• Motion to amend carried on a vote of 4-1-0 (Anderson against)
The main motion on the zoning request, as amended, was then considered by the Council.
MOTION: Harris moved, seconded by Pidcock to adopt 1st Reading of Ordinance No.29-92, Zoning
District change from Rural to R1-13.5 for Fairfield West, as amended by Council motion, deleting the
following lots as depicted in plans dated July 29, 1992:
Lots 1-5, Block 1
Lots 29-33, Block 2
Lots 1 and 2, Block 3.
Through discussion, Councilmembers clarified that it was their intention that the eight(8) lots within
the option agreement between Tandem and EPLT remain Rural until EPLT purchased the lots, or until
the March 15, 1993, at which time the proponent may renew the request.
Motion carried on a 4-1-0 vote, with Anderson voting against.
Anderson stated his belief that the Rl-44 zoning district would be appropriate for areas such as this
in order to preserve and protect natural resources. He suggested that the developer's agreement be
clear about restrictive covenants prohibiting tree cutting on the lots by future residents. Enger noted
• that it was one of the conditions of approval from the Staff Report.
Councilmembers commended both the EPLT and the developer for working out a win-win situation
with creativity and cooperation, resulting in an positive outcome for the City overall. It was suggested
that the group may have other opportunities in the future for preservation of various natural resources
which deserved protection, but for which there were no City funds available.
MOTION: Harris moved, seconded by Pidcock, to approve the preliminary plat for Fairfield West,
deleting the following lots as depicted in plans dated July 29, 1992:
Lots 1-5, Block 1
Lots 29-33, Block 2
Lots 1 and 2, Block 3.
Motion carried on a 4-1-0 vote with Anderson voting against.
MOTION: Jessen moved, seconded by Harris, to direct Staff to prepare a Development Agreement
incorporating applicable Commission and Staff recommendations and Council conditions. Motion
carried unanimously.
D. LEIGHTON'S GARAGE by Hoyt Development Company. Request for Zoning District Amendment
within the existing I-2 Park Zoning District on 1.7 acres; Site Plan Review on 1.7 acres within the I-2
Park Zoning District; Preliminary Plat on 1.89 acres into one lot and road right-of-way;and Shoreland
Variances and Zoning Code variances to be reviewed by the Board of Appeals and Adjustments.
Location: South of County Road #67, north and east of Nine Mile Creek. (Ordinance No. 34-92 -
City Council Minutes 6 September 15, 1992
Zoning District Amendment within the I-2 Park Zoning District; and Resolution No. 92-202 -
Preliminary Plat) •
Enger reported that the Planning Commission recommended approval of this item at its meeting August
31st. There were no comments from the audience.
Councilmembers raised questions about the responsibility for clean up of the creek adjacent to the
property, acknowledging that the property owner had not caused the clutter and pollution which had
been observed. Enger responded that the proposal was designed with a siltation device, a strainer
pond, and a scenic easement over that portion of the property adjacent to the creek as part of the
proposal. He added these items would be conditions of the developer's agreement for the property as
well.
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the public hearing;
2) Approve 1st Reading of Ordinance No. 34-92 for Zoning District Amendment;
3) Adopt Resolution No. 92-202 to approve the preliminary plat; and
4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously. •
E. BLUFFS EAST 13TH ADDITION by Hustad Development Corporation. Request for Comprehensive
Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres;
Rezoning from Rural to RM-6.5 on .30 acres; Rezoning from Rural to R1-13.5 on 2.06 acres; PUD
Concept Review on 186 acres; Preliminary Plat of 3.1 acres into 10 lots. Location: North of Franlo
Road, west of County Road 18. (Resolution No. 92-203 - Comprehensive Guide Plan Change;
Ordinance No. 35-92 - Rezoning from Rural to RM-6.5 and Rezoning from Rural to R1-13.5;
Resolution No. 92-204 - PUD Concept; and Resolution No. 92-205 - Preliminary Plat)
Enger reported that the Planning Commission recommended approval of this item at its August 31st
meeting. There were no comments from the audience.
MOTION: Pidcock moved, seconded by lessen, to:
1) Close the public hearing;
2) Adopt Resolution No. 92-203 for Comprehensive Guide Plan Change on 0.69 acre; and,
3) Approve 1st Reading of Ordinance No. 35-92 for Rezoning from Rural to RM-6.5 and R1-13.5.
Motion carried unanimously.
City Council Minutes 7 September 15, 1992
MOTION: Pidcock moved, seconded by Jessen, to:
• 1) Adopt Resolution No. 92-204 approving the PUD Concept;
2) Adopt Resolution No. 92-205 approving the preliminary plat; and
3) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
F. WOODLAKE SANITARY SERVICE-EQUIPMENT BUILDING(BFI)by Rutledge Construction
Company. Zoning District Change from Rural to I-2 Park on 1.85 acres and Site Plan Review within
the I-2 Park Zoning District on 1.85 acres for construction of a 2,200 square foot storage building.
Location: 9813 Flying Cloud Drive. (Ordinance No. 36-92 - Rezoning from Rural to 1-2 Park)
Enger reported that the Planning Commission recommended approval of this proposal at its August 31st
meeting. There were no comments from members of the audience.
MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the public hearing; and,
• 2) Approve 1st Reading of Ordinance No. 36-92 for Rezoning.
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Jessen, directing Staff to prepare a Developer's Agreement
incorporating Commission and Staff recommendations.
Motion carried unanimously.
G. STARKEY LABORATORIES by Gavic Construction Corp. Request for PUD Concept Amendment
on 20 acres, PUD District Review within the I-5 Zoning District on 5.57 acres with a waiver, and Site
Plan Review on 5.57 acres; 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review
and Zoning District Amendment within the I-5 District; Approval of Developer's Agreement for
Starkey Laboratories; Adoption of Resolution No. 92-207, Authorizing Summary of Ordinance No.
33-92-PUD-6-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-209,
Site Plan Review. Location: 6600 Washington Avenue. (Resolution No. 92-208, PUD Concept
Amendment; 1st Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review and Zoning
District Amendment; 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District; Resolution
No.92-207,Authorizing Summary and Publication;and Resolution No.92-209,Site Plan Review)
Enger reported that the Planning Commission recommended approval of this proposal at its September
14th meeting. There were no comments from members of the audience.
• MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the public hearing;
City Council Minutes 8 September 15, 1992
2) Adopt Resolution No. 92-208 for PUD Concept Amendment; and,
3) Approve 1st Reading of Ordinance No. 33-92-PUD-6-92 for PUD District Review. •
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Anderson, to approve:
1) 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review and Zoning District
Amendment within the I-5 District;
2) Approval of Developer's Agreement for Starkey Laboratories, subject to execution of said
Agreement by Starkey Laboratories;
3) Adoption of Resolution No. 92-207, Authorizing Summary of Ordinance No. 33-92-PUD-6-92
and Ordering Publication of Said Summary; and,
4) Adoption of Resolution No. 92-209, Site Plan Review.
MOTION: Jessen moved, seconded by Pidcock, to grant permission for an early grading permit for
Starkey Laboratories, with the understanding that developers were proceeding at their own risk,
pending final City approvals of their plans.
Motion carried unanimously. •
V. PAYMENT OF CLAIMS
MOTION: Anderson moved, seconded by Pidcock, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Harris,Jessen, Pidcock, and Tenpas voting "aye."
MOTION: Jessen moved, seconded by Pidcock, to continue the meeting past 11:00 p.m. for consideration of
items VI.A., X.A.3., X.E.1. and X.G.1, continuing all other items to October 6, 1992. Motion carried
unanimously.
VI. ORDINANCES AND RESOLUTIONS
A. Resolution 92-200, Certifying the Proposed 1993 Tax Levy Approving the Proposed 1993 City
Budget
Jullie reported that the proposed net tax levy contained in the Resolution was $150,000, or 1.2%
higher, than the 1992 levy.
Councilmembers complimented Staff for their good work in looking at various financing options anqA
expressed confidence that the budget had been thoroughly reviewed to provide for minimum necessary
expenditure, without hurting important programs. The use of certificates for equipment purchases
City Council Minutes 9 September 15, 1992
appeared to be sensible, if the City followed through with creation of a sinking fund for such purchases
• in the future.
The Council expressed its hope that citizens would be able to appreciate their efforts to keep the City
portion of taxes stable.
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-200, Certifying the
Proposed 1993 Tax Levy and approving the Proposed 1993 City Budget. Motion carried
unanimously.
VII.PETITIONS. REQUESTS AND COMMUNICATIONS
VM.REPORTS OF ADVISORY BOARDS. COMMISSIONS & CONIlVIITTEES
IX. APPOINTMENTS
A. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to
2/28/92 (Continued to October 6, 1992)
X.REPORTS OF OFFICERS
A. Reports of Councilmembers
• 1. Additional Compensation for City Council (Continued to October 6, 1992)
2. Report on League of Minnesota Cities (Continued to October 6, 1992)
3. Community Needs and Resources Council
Harris reported her resignation from the Community Needs and Resources Council and
recommended the City Council maintain its representation in the organization. Tenpas volunteered
to fill the vacancy.
B. Report of City Manager
C. Report of Director of Parks. Recreation & Natural Resource
D. Report of Director of Planning
E. Report of Director of Public Works
1. Award Contract for Purgatory Creek Wetland Restoration, I.C. 52-273 (Resolution No. 92-
198)
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-198, awarding the
• contract for Purgatory Creek Wetland Restoration, I.C. 52.273. Motion carried unanimously.
2. Erosion Control Policy (Continued to October 6, 1992)
t
City Council Minutes 10 September 15, 1992
F. Report of City Attorney
G. Report of Finance Director •
1. Lease for Liquor Store No. 1 (Continued from September 1, 1992)
Frane reported that both Prairie Village Mall and Prairie Courts Mall had resubmitted their
proposals for lease options for Liquor Store #1. A discrepancy in the proposal process was
discussed.
MOTION: Anderson moved, seconded by Pidcock, to direct Staff to negotiate the details of a
lease for Liquor Store #1 with Prairie Village Mall.
Representatives from Prairie Village Mall and Prairie Courts Mall expressed concern about the
process.
MOTION TO AMEND: Jessen moved, seconded by Harris, that Staff negotiate with Prairie
Village Mall and Prairie Courts Mall representatives regarding a lease for Liquor Store #1,
evaluating the impact on sales and customer traffic. Motion carried on a 3-2-0 vote, with
Anderson and Pidcock voting against.
XI. OTHER BUSINESS
XII. ADJOURNMENT •
MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas
adjourned the meeting at 11:15 p.m.
•