City Council - 10/06/1992 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, OCTOBER 6, 1992 7:30 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 7:30 p.m. All members were present.
PRESENTATION OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES' INNOVATIVE
CITY AWARD TO THE CITY OF EDEN PRAIRIE BY MICHELLE VEITH, CHAIR OF THE A.R.L.E.
• COOPERATIVE
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added items X.B.I.Amendment to Purchase Agreement for Teman Property:X.D.2.Consultant
Study for Inventory of Natural Resources Sites; and, X.D.3.. Authorization to Proceed with
Appraisals for Acquisition of Prosy in Downtown Area.
MOTION: Anderson moved, seconded by Jessen, to approve the agenda as amended. Motion carried
unanimously.
II. MINUTES
A. City Council Meeting held Tuesday. September 15, 1992
MOTION: Harris moved, seconded by Anderson, to approve the minutes of the City Council meeting
of September 15, 1992, as submitted. Motion carried unanimously.
M. CONSENT CALENDAR
A. Clerk's License List
• B. Resolution No. 92-196, Approving Election Judges for the November 3 General Election
C. Proclamation for Disability Awareness Month
City Council Minutes 2 October 6, 1992
D. 1st and 2nd Reading of Ordinance No. 38-92, Amending Section 2.18, Historical and Culturap
Commission. Changing the Name of the Commission to the Cultural Commission
E. Award Bid for Construction of Staring Lake Amphitheater Storage Building
F. Approve Proposed Ice Schedule for New Ice Rink
G. Foxjet Request for Additional Pool Hours
H. Approve Request for Candlewood Crossing at Hennepin County Regional Rail Corridor
(Resolution No. 92-221)
I. Approve Addition to Scope of 1992 Drainage Study., I.C. 52-269
J. Receive Bids and Award Contract for Lime Sludge Removal, I.C. 52-271 (Resolution No. 92-222)
K. Final Plat Approval of Bluffs East loth Addition (located east of County Road 18 and south of
Bluff Road) Resolution No. 92-223
L. Final Plat Approval of Bluffs East 13th Addition (located at the southwest quadrant of Franlo
Road and Fawns Wav) Resolution No. 92-224
M. Final Plat Approval of Fairfield West (located north of Pioneer Trail and west of Braxton
Resolution No. 92-225
N. Declaring Costs to be Assessed and Ordering Preparation of 1992 Special Assessment Rolls and
Setting Hearing Date for November 3. 1992 (Resolution No. 92-226)
O. CASCADE TOWNHOMES by Sunset Homes Corporation. 2nd Reading of Ordinance No. 30-92-
PUD-7-92, Zoning District Amendment within the existing RM-6.5 Zoning District; Approval of
Developer's Agreement for Cascade Townhomes; Adoption of Resolution No. 92-214, Authorizing
Summary of Ordinance No. 30-92-PUD-7-92 and Ordering Publication of Said Summary; and Adoption
of Resolution No. 92-215, Approving Site Plan for Cascade Townhomes. Location: Dell Road and
Cascade Drive (Ordinance No. 30-92-PUD-7-92 - PUD District Review and Zoning District
Amendment within the existing RM-6.5 Zoning District; Resolution No. 92-214 - Authorizing
Summary and Publication; and Resolution No. 92-215 -Site Plan Review.)
P. FAIRFIELD WEST by Centex Homes. 2nd Reading of Ordinance No. 29-92, Rezoning from Rural
to R1-13.5 on 16.6 acres; Approval of Developer's Agreement for Fairfield West; Adoption of
Resolution No. 92-176, Authorizing Summary of Ordinance No. 29-92 and Ordering Publication of Said
Summary. Location: West of Fairfield, south of Scenic Heights Road #212. (Ordinance No. 29-92 -
Rezoning from Rural to R1-13.5; and Resolution No. 92-176 - Authorizing Summary and
Publication)
Q. BLUFFS EAST 13TH ADDITION by Hustad Development Corporation. 2nd Reading of Ordinance
No. 35-92, Rezoning from Rural to RM-6.5 on .30 acres and Rezoning from Rural to R1-13.5 on 2.06
acres; Approval of Developer's Agreement for Bluffs East 13th Addition; Adoption of Resolution No.
City Council Minutes 3 October 6, 1992
• 92-213, Authorizing Summary of Ordinance No. 35-92 and Ordering Publication of Said Summary.
Location: North of Franlo Road, west of County Road 18. (Ordinance No. 35-92 - Rezoning from
Rural to RM 6.5 on .30 acres and Rezoning from Rural to 111-13.5 on 2.06 acres; and Resolution
No. 92-213 - Authorizing Summary and Publication)
R. BRAXTON POND by Westar Properties, Inc. 2nd Reading of Ordinance No. 32-91, Rezoning from
Rural to R1-13.5 on 3.6 acres; Approval of Developer's Agreement for Braxton Pond; Adoption of
Resolution No. 92-216, Authorizing Summary of Ordinance No. 32-91, and Ordering Publication of Said
Summary. Location: South and west of the terminus of existing Braxton Drive. (Ordinance No. 32-91
-Rezoning from Rural to R1-13.5 on 3.6 acres; and Resolution No. 92-216-Authorizing Summary
and Publication)
S. LEIGHTON'S GARAGE by Hoyt Development Company. 2nd Reading of Ordinance No. 34-92,
Zoning District Amendment within the I-2 Park Zoning District; Approval of Developer's Agreement
for Leighton's Garage; Adoption of Resolution No. 92-217, Authorizing Summary of Ordinance No. 34-
92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-218, Approving Site
Plan for Leighton's Garage. Location: South of County Road#67, north and east of Nine Mile Creek.
(Ordinance No. 34-92 - Zoning District Amendment within the 1-2 Park Zoning District on 1.89
acres; Resolution No. 92-217-Authorizing Summary and Publication; and Resolution No. 92-218-
Site Plan Review)
• T. WOODLAKE SANITARY SERVICE - EQUIPMENT BUILDING BFD by Rutledge Construction
Company. 2nd Reading of Ordinance No. 36-92, Rezoning from Rural to I-2 Park on 1.85 acres;
Approval of Developer's Agreement for Woodlake Sanitary Service-Equipment Building; Adoption of
Resolution No. 92-219, Authorizing Summary of Ordinance No. 36-92 and Ordering Publication of Said
Summary; and Adoption of Resolution No. 92-220, Approving Site Plan for Woodlake Sanitary Service-
Equipment Building. Location: 9813 Flying Cloud Drive. (Ordinance No. 36-92 - Rezoning from
Rural to 1-2 Park on 1.85 acres; Resolution No. 92-219 - Authorizing Summary and Publication;
and Resolution No. 92-220 - Site Plan Review.)
U. Resolution No. 92-228, Giving Host Approval to the Issuance of Health Care Revenue Bonds,Series
1992 (Group Health Plan, Inc. Project)
V. Approve Plans and Specifications for George Moran Drive Improvements, I.C. 52-282 (Resolution
No. 92-229)
MOTION: Pidcock moved, seconded by Anderson, to approve Items A. -V. of the Consent Calendar.
Motion carried unanimously.
IV. PUBLIC HEARINGS/MEETINGS
V. PAYMENT OF CLAIMS
• MOTION: Harris 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 "
City Council Minutes 4 October 6, 1992
VI. ORDINANCES AND RESOLUTIONS •
VII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Request by Craig and Susan Edwards for Review of Variance 92-26 Not Approved by the Board
of Adjustments and Appeals. The Variance is to Allow a Deck to be Constructed 23 Feet from a
Front Property Line
Craig and Susan Edwards, 18625 Jacques Court, explained their request for a variance to encroach seven
(') feet into the front yard setback of 30 ft. in order to build a deck in one of the front yards of their
corner lot.
Enger explained that Staff and the Board of Appeals would benefit from a discussion by the Council as
to when such variances seemed appropriate and when they did not. He suggested that, based on such
a discussion, it may be apparent that a code amendment should be initiated for these situations.
After discussion of the Edwards' request, Councilmembers concurred that a review of the ordinance was
in order and that this would likely save time for citizens, the Council, the Board, and Staff.
Councilmembers acknowledged that the design of the Edwards house seemed to imply a deck should be
built due to the placement of an outer door at an elevation so high above ground. To avoid situations
like this in the future, Council directed that the Building Inspections Department review house plans fo�
these types of design features in order to avoid problems where possible.
MOTION: Harris moved, seconded by Jessen, to grant the variance 92-06 for Craig and Susan Edwards
for a front yard setback variance at 18625 Jacques Court for construction of a deck to allow a 23 ft. front
yard setback. Motion carried unanimously.
B. Review Revised Layout Plan for Anderson Lakes Parkway (west of CSAH 18) and Hennepin Parks
Proposed Tree Loss Mitigation Plan
Dietz explained the revised layout plan for Anderson Lakes Parkway which was discussed at a
neighborhood meeting on October 1st. The purpose of the meeting was to update the area residents
about the progress of design and construction of the road.
Dietz reviewed the reforestation plans for trees that would be lost by construction of the road, noting that
the County would exceed the minimum requirements of the City's Tree Ordinance in terms of tree
replacement. Traffic volumes for the road were also discussed. Dietz noted that final plans would be
available in Summer, 1993.
Anderson said he had received a complaint from a citizen that the notification area was too small and
asked about the procedures for notification. Dietz explained that even though all public hearings had
been completed on the project, City Staff called the meeting as a courtesy to those impacted, notifying
everyone with 400 ft.
Councilmembers discussed several aspects of the proposed plans, including the policy of the City to
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reconstruct roads to handle future traffic volumes, not current traffic volumes; the location of the
entrance to the nature center; interim parking for the nature center; connections to adjacent parks in
City Council Minutes 5 October 6, 1992
• Bloomington; the locations Hennepin County intended to plant replacement trees; the need for
coordination with the.Regional Transit Board and Southwest Metro Transit; and the impact on the
entrance to the Preserve Village Shopping Center.
Kevin Fox, 10560 Lake Fall Drive, presented the Council with a petition requesting a halt to the review
process without further public meetings. He added four points of concern including: 1) the four-lane
design seemed to be based on the availability of funds, not based on need; 2) the impact of any decisions
on a four-lane design would directly and adversely affect all of Anderson Lakes Parkway and the adjacent
neighborhoods; 3) the four-lane design would alter the fundamental character of the area, especially the
wooded area north of existing Anderson Lakes Parkway; and 4) part of the design philosophy for the
road should include the value of the environment that exists and the impact a four-lane design would have
on that environment.
Norbert McCrady, 10520 Lake Fall Drive, asked for additional information about the plans for the road
and for the Council's representation of the neighborhood's concerns in the process as plans became more
finalized.
After further discussion, Councilmembers directed that a public meeting be held,potentially at the second
Council meeting in November, to provide full information to all parties. Councilmembers asked that
additional information also be made available regarding connections to the surrounding park areas,
alternative plans indicating impacts on nearby roads if Anderson Lakes Parkway was not rebuilt as a
• four-lane road, and more complete information regarding the location of land swaps planned between
the Hennepin Park System and the Hennepin County Transportation.
VHI. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMNIITTEES
TX. APPOINTMENTS
A. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to
2/28/94 (Continued to October 20, 1992)
X. REPORTS OF OFFICERS
A. Reports of Councilmembers
1. Compensation for City Council (Continued from September 15, 1992).
The Council discussed its compensation compared to other similar communities, as well as the fact
that compensation had not been adjusted for many years. There had been no changes made for
inflation, nor had consideration been given to the fact that the population had more than doubled
during that time, thereby requiring more activity on the part of every Councilmember.
Councilmembers concurred that the per diem portion of compensation was the most difficult part of
• the issue as the distribution of per diem seemed unbalanced. It was acknowledged that from time to
time special situations would arise, such as the landfill closure meetings, or other such special
projects, when greater demands were placed on an individual member's time. All agreed that there
should be clear definition of per diem for activities performed on behalf of the City.
City Council Minutes 6 October 6, 1992
MOTION: Anderson moved, seconded by Hams, to adopt lst reading of Ordinance No. 39-92 as•
prepared by Staff. Motion failed on a 2-3-0 vote, with Jessen, Pidcock, and Tenpas voting
against.
During continued discussion, Councilmembers expressed uneasiness about adjusting their own
compensation.
MOTION: Jessen moved, seconded by Harris, to maintain the current levels of salary and per diem
compensation, without a cap on per diem, and adding explicitly defined criteria for per diem as
recommended by City Staff, including a provision for special circumstances requiring unusual time
commitment by a councilmember as requested by Council. Motion carried on a 4-1-0 vote, with
Anderson voting against.
B. Report of City Manager
1. Amendment to Purchase Agreement for Teman Property
Pauly and Jullie explained the details of the Amendment to Purchase Agreement involving changes
to the purchase agreement dated July 10, 1992, between John K. and Jean M. Teman and the City,
copies of which had been presented to the Council.
MOTION: Pidcock moved, seconded by Jessen, to authorize Staff to continue to pursue negotiation
for purchase and closing of the Teman property, provided, however, that if the Temans fail to execute
and deliver the proposed Amendment to Purchase Agreement amending that certain Purchase
Agreement made as of July 10, 1992 between John K. and Jean M. Teman and the City, or to close
the purchase of their property by the City, the City Attorney is authorized to initiate condemnation
proceedings for the property. Motion carried on a 4-1-0 vote, with Tenpas voting against.
MOTION: Pidcock moved, seconded by Jessen, to approve the amendment to the purchase
agreement for the Teman property. Motion carried on a 4-1-0 vote, with Tenpas voting against.
C. Report of Director of Parks. Recreation & Natural Resource
1. Staring Lake Outlet/Purgatory Creek Recreation Area Feasibility Study
Lambert explained the Feasibility Study for the improvements for the Staring Lake outlet and
Purgatory Creek Recreation Area prepared by the Riley-Purgatory-Bluff Creek Watershed District.
The District would be holding its public hearing for ordering these improvements on October 27th at
which time Council's position was requested.
MOTION: Jessen moved, seconded by Anderson, that the Riley-Purgatory-Bluff Creek Watershed
District be informed that Eden Prairie supports the Feasibility Study with a preference for the
improvements included under Option #1. Motion carried unanimously.
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City Council Minutes 7 October b, 1992
• 2. Consultant Study for Inventory of Natural Resources Sites
Based on discussions during a joint meeting with the Parks, Recreation, and Natural Resources
Commission, and as a result of the discussions and meetings over recent months regarding the "Big
Woods" near Mitchell Lake, Staff recommended that consultants be contacted regarding the potential
cost for preparation of an inventory of unique natural resources in the City. Council authorized Staff
to obtain cost estimates for such a study and report back to Council. Lambert noted that funds to pay
for such a study were available through Cash Park Fees.
3. Authorization to Proceed with Appraisals for Acquisition of Property in Downtown Area.
MOTION: Jessen moved, seconded by Harris, to authorize Staff to obtain appraisals for trails and
easements in the Downtown area and to contact the property owners involved regarding selling or
gifting those parcels to City. Motion carried unanimously.
D. Report of Director of Planning
E. Report of Director of Public Works
1. Erosion Control Policy (Continued from September 15, 1992)
• Gray explained the details of the proposed Erosion Control Policy, noting that it would involve both
Engineering and Building Departments and would apply to all projects with risk of erosion. The
proposed policy required frequent inspection and maintenance, cleanup of public and private property
and empowered Staff to correct problems when the permittee failed to do so. Key timelines for
correction of problems were also established in the policy.
During discussion, Councilmembers recommended the inclusion of additional strict conditions
regarding the clean up of lakeshore and stream areas and recommended that trails and sidewalks also
be included in the required clean up whenever erosion occurred.
A question was raised regarding the role of the watershed district in this process. Dietz explained that
the District had been contacted and appeared interested in the policy, but had not formally responded.
Councilmembers concurred that policy covered many of their concerns and appeared to be a good first
step toward management of erosion problems and water quality in the City. Council suggested that
Staff report to the Parks, Recreation, and Natural Resources Commission on a regular basis regarding
the results of the enactment of the policy on water quality.
F. Report of City Attorney
G. Report of Finance Director
• 1. Lease for Liquor Store No. 1 (Continued to November 17, 1992, meeting)
XI. OTHER BUSINESS
City Council Minutes 8 October 6, 1992
A. Future Agenda Items •
Councilmembers requested information at future meetings regarding progress on the new City Hall
and on restoration of the Purgatory Creek Area.
XII. ADJOURNMFNT
MOTION TO ADJOURN was made by Jessen, seconded by Harris. Mayor Tenpas adjourned the
meeting at 10:25 p.m.
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