City Council - 12/08/1992 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
•
TUESDAY, DECEMBER 8, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCI MEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Hams, 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. —1 rare,
Director of Community Development Chris Enger, Director of Parks,
Recreation & Natural Resources Robert Lambert, and Director of
Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added Item X.A.I.. Endorsement for Metropolitan Council Seat for District 13: and Item
X.A.2.,Loose Gravel on Streets and Trails. Jessen added Item X.A.3.,Community Survey and Item
• X.A.4.. Council Information/Study Request Progress Report; Tenpas added Item X.A.5., National
Leazue of Cities Conference.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as printed and amended.
Motion carried unanimously.
II. MINUTES OF THE.CITY COUNCIL MEETING HELD TUESDAY NOVEMBER 17 1992
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the November 17, 1992,
Council meeting with the following correction: The first sentence of Item X.A.1., should be amended
to read, "Pidcock noted the letter she had sent to Councilmembers about the new consumer protection
law regarding cable television, adding that Councilmembers, Staff, and residents should be informed
about the new law." Motion carried unanimously.
M. CONSENT CALENDAR
A. Clerk's License List
B. Approval of Lease Agreement for 7600 Executive Drive
C. BORUCKI ADDITION by James and Pauline Borucki. Approval of Developer's Agreement for
Borucki Addition. Location: 6517 Rowland Road.
is D. SUBURBAN CHEVROLET by Metropolitan Corporation. 2nd Reading of Ordinance No. 44-92-
PUD-9-92,PUD District Review on 16.2 acres and Zoning District Amendment within the C-Reg-Ser
District on 16.2 acres; Adoption of Resolution No. 92-248, Authorizing Summary of an Ordinance
City Council Minutes 2 December 8, 1992
and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-249, Approving Site*
Plan for Suburban Chevrolet. Location: Southeast corner of Valley View Road and Plaza Drive.
E. Resolution No. 92-250. Providing for Additional Letter of Credit Security on The Park at City
West Multifamily Housing Revenue Bonds
F. Request from Team Minnesota Hockey. Inc. for Reduced Hourly Rate for Ice Time
G. Policy on Pool Water Temperature at Community Center (Moved to Item X.C.3.)
H. Resolution No. 92-251, Approving Final Plat Approval of RTH Addition(Walgreens Site) located
at the S.W. Quadrant of Terrey Pine Drive and CSAH 4
I. Resolution No. 92-252, Approving Final Plat of Cascade Townhouses (located at the S.E.
Quadrant of Dell Road and Cascade Drive)
J. Resolution No. 92-253 Ap roving Final Plat of Borucki Addition (located north of Rowland
Road and east of Fallbrook Road
K. Release of Land from Special Assessment Agreement between the City and Coffman
Development (Country Glen)
L. Approve Change Order No. 1 for Traffic Signals at Prairie Center Drive and Singletree Lan.*
(I.C. 52-245)
M. Resolution No. 92-254, Supporting Light Rail Transit/Interim Regional Recreation Trail
Corridor
-N. 1st Reading of Ordinance No. 45-92 Amending Peddlers, Transient Merchants and Solicitors
Ordinance - Section 5.37
O. Change Order No. 4 for Eden Prairie Community Center Addition (Move to Item X.C.4.)
MOTION: lessen moved, seconded by Pidcock, to approve items A. -F. and H. -N. of the Consent
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS/MEETINGS
A. CARMODY SUBDIVISION, by Thomas and Grace Carmody. Request for Rezoning from Rural
to R1-13.5 on .86 acres and Preliminary Plat of .86 acres into two lots. Location: 8595 Mitchell
Road. (Ordinance for Rezoning and Resolution for Preliminary Plat)
Enger reported that the Planning Commission recommended approval of the proposal at its November
9th meeting by a unanimous vote. There were no comments from members of the audience. •
City Council Minutes 3 December 8, 1992
• MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the public hearing;
2) Approve the 1st reading of the ordinance for rezoning;
3) Adopt the Resolution approving the preliminary plat; and,
4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
(NOTE: After the hearing was closed and the vote cast on this item, Council was asked to reopen the
hearing to listen to the concerns of citizens who were not in attendance during the public
hearing portion of the issue.)
MOTION: lessen moved, seconded by Anderson, to reconsider motion approving the Carmody
Subdivision. Motion carried on a 3-1-0 vote, with Pidcock voting against.
MOTION: lessen moved, seconded by Pidcock to reopen the public hearing for the Carmody
• Subdivision. Motion carried unanimously.
Brad Moe, 14372 West Ridge Drive, explained that the hearing notice stated that the hearing would
be held at 8:00 p.m.; therefore, he and others were not in attendance at the time this item was acted
upon by the Council.
Moe presented a list of concerns about the proposed project, including density, drainage, lot size,
home size, the work proposed on his property, and other construction, screening, and exterior
materials issues which were addressed in a letter to the Council and on file in City Hall.
MOTION: lessen moved, seconded by Anderson, to continue the public hearing to December 15,
1992) to allow all parties to be present during the public hearing. Motion carried unanimously.
B. RIVERVIEW HEIGHTS, by Hustad Development for Rezoning from R1-22 to R1-13.5 on 4.69
acres and Preliminary Plat of 26.26 acres into 19 lots and 1 outlot. Location: South of Riverview
Road. (Ordinance for Rezoning and Resolution for Preliminary Plat)
Beth Simonstead, Hustad Development, explained the revisions to the plan compared to the plan for
the same property submitted about a year ago. Enger reported that the Planning Commission
recommended approval at its November 9th meeting. The Parks, Recreation and Natural Resources
Commission recommended approval at its November 16th meeting, noting that the trail options and
trail easements should continue to be explored before construction occurs. The Parks, Recreation,
• and Natural Resources Commission intended to hold additional meetings regarding the trail.
Dietz added a report on drainage issues, recommending particular design features be incorporated into
the project, including: the NURP pond be moved to a higher elevation, out of the flood plain with
City Council Minutes 4 December 8, 1992
the outfall from the and piped to the flood lain; the open channel flow be eliminated and the storm•
P PP P P
water be piped to the pond using a 100-year design criteria; curb and gutter be added along the south
side of Riverview Road approximately to the west boundary line of the Schlampp property; catch
basins be added at the east end of the new curb and gutter and piping be constructed along the east
property line of the development and connected to the ponding basin; the driveway be constructed
with curb and gutter or with an inverted crown and catch basins added at its south end.
Councilmembers recalled the problems caused by the 1987 Super Storm, which resulted in the house
on an adjacent lot falling down the bluff, the break in the Metropolitan Waste Control Commission
(MWCC) sanitary sewer interceptor, and the exposure of and spill from the Williams Bros. pipeline.
Concerns were voiced regarding future breaks in either the interceptor or the pipeline and the
responsibility for clean up, as well as what role, if any, the City would have in such an incident.
7ullie reported that the MWCC had made an administrative determination that, environmentally, there
was no longer a cause for concern about the break in the interceptor pipe.
Regarding Williams Bros. Pipeline, it was reported that spot checks had been made for contamination
in the area. Bob Brown, owner of the property, said that grass was beginning to grow and trees were
sprouting, which were signs of recovery. Clean up necessitated by any future pipeline break would
continue to be the responsibility of the Williams Bros. Pipeline company.
Councilmembers discussed several concerns regarding the 30 ft.-wide strip of land owned by the City
which was located along the east boundary of the property, including: use of the strip for access b,.
Williams Bros. Pipeline to their pipe, both on a regular and emergency basis; the type of ownership
the City had over the land; if the land was developed with a driveway to allow for a private access
from the easterly-most lot within the plat and used by Williams Bros., whether the Williams Bros.
vehicles would destroy the driveway; the need to preserve access to the Minnesota River area for the
City; and the potential for a trail within the 30 ft. wide strip.
Councilmembers discussed the need for a different bonding procedure to protect from a catastrophic
problem, noting that because of soil conditions and storm water run-off issues, this property was
particularly susceptible to such conditions as was shown in 1987. Pauly advised that City Code
provisions allowed for bonding for land alteration in a form and amount as would be determined by
the Council. A risk analysis, including modeling, was suggested by Council, in order to determine
necessary protective measures for this type of parcel.
Dick Brown, 7685 Heritage Road, Scott Haines, 10449 Huntington Drive, Lauren and Kevin Bluml,
10549 West Riverview Drive, and Gayle Diehl, 10530 West Riverview Drive, explained their
concerns regarding the development proposal, including: clarification of responsibilities in the event
individual drainage plans for each lot did not work; safety of the pedestrian trail; a long-term plans
for trail access to the Minnesota River; desire for the trail to stay in the location planned; and how
to obtain compliance from the MWCC for completion of the landscape plan in the area damaged in
1987.
Councilmembers stated that the meetings would be held by the Parks, Recreation, and Natural
Resources Commission regarding the trail location, noting that it was the City's intention to accep,
any other dedicated park land for the sole purpose of turning it.over to the U. S. Fish and Wildlife
Service for park purposes along the Minnesota River. Council directed Staff to follow-up on the
completion of the landscape plan agreed to by the MWCC.
City Council Minutes 5 December 8, 1992
• MOTION: Pidcock moved, seconded by Jessen, to close the public hearing. Motion carried
unanimously.
MOTION: Pidcock moved, seconded by Anderson, to continue the item pending further study
regarding the following issues:
1) Greater detail on storm water drainage on the property for the individual lots and for the general
area as described by the Director of Public Works, including that all storm sewer be designed for
a minimum of a 100-year storm event;
2) More detailed information on the 30-ft. wide strip of land with respect to the type of City
ownership over the strip, alternate access available to the MWCC for access to its pipe as well as
how much damage their trucks might cause to the road bed; access needed for the most easterly
lot of the proposed subdivision over the strip of land; potential for a trail over the strip of land;
and,
3) Recommended methods for bonding of the grading and land alteration for the property due to its
soil conditions and environmental sensitivity, with recommendations for design of erosion control
procedures to prevent washouts and different grading procedures for the development, including
staged construction and other special needs.
• Councilmembers discussed the motion in detail, acknowledging that they would be setting a precedent
for a standard of treatment for such sensitive parcels in the future.
Motion failed on a vote of 2-2-0, with Jessen and Tenpas voting against.
Mayor Tenpas declared a recess at 9:45 p.m.; the meeting was reconvened at 10:00 p.m.
MOTION: Pidcock moved, seconded by Anderson, to reconsider the motion to close the public
hearing on Riverview Heights. Motion carried unanimously.
The Council discussed continuing the public hearing to January, 1993. Simonstead said that the
owners and developers would agree to a postponement at this time pending resolution of the three
items discussed.
MOTION: Jessen moved, seconded by Anderson, to continue the public hearing for Riverview
Heights to January 19, 1993, pending resolution of the issues raised at this meeting. Motion carried
unanimously.
V. PAYMENT OF CLAIMS
• MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Jessen, Pidcock, and Tenpas voting "aye."
City Council Minutes 6 December 8, 1992
VI. ORDINANCES AND RESOLUTIONS
A. 2nd Reading of Ordinance Amending Peddlers Transient Merchants and Solicitors Ordinance-
Section 5.37 and Resolution Authorizing Summary for Publication
MOTION: Pidcock moved, seconded by Anderson, to continue this item to the December 15, 1992,
meeting. Motion carried unanimously.
VII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Request from Daniel Delmerico to be Granted a Peddlers License in the City of Eden Prairie
Jullie reported that the Police Department Staff had discovered information which they believed to
be grounds for not approving the license request of Mr. Delmerico. Daniel Delmerico refuted some
of the information in the report. Council directed Staff to work with Mr. Delmerico toward
resolution of the issues and to return to the next meeting with any new findings.
VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS & COMMITTEES
IX. APPOINTMENTS •
A. Appointment of Student/Youth Member to the Parks, Recreation and Natural Resources
Commission
MOTION: Jessen moved, seconded by Anderson, to appoint Tom Marcus as a Student/Youth
Member to the Parks, Recreation, and Natural Resources Commission. Motion carried
unanimously.
X. REPORTS OF OFFICERS
A. Reports of Councihnembers
1. Endorsement for Metropolitan Council Seat for District 13
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-254, endorsing Ed
Schlampp for appointment to the Metropolitan Council Seat for District 13. Motion carried on
a 3-1-0 vote with Tenpas voting against.
2. Loose Gravel on Streets and Trails
Pidcock reported that she had received a letter from a young man names Jordan Coleman regarding
injuries sustained by his sister from sliding on loose gravel. She added that she had received oth*
complaints as well. Councilmembers discussed the loose gravel complaints on streets and trails
and directed Staff to follow up and report back to the Council about controlling the problems.
City Council Minutes 7 December 8, 1992
• 3. Community Survey
lessen made note of the report of the preliminary results of the recent Community Survey and
recommended a Council Study Session on the results when they were finalized.
4. Council Information/Study Request Progress Report
Regarding the report, lessen said he believed it was a useful tool for keeping track of the status
of various items and asked that it be updated and provided to Councilmembers on a monthly basis.
He suggested several additions, including: the MWCC landscape plan discussed during the
Riverview Heights proposal and recommendations from the auditor. Other Councilmembers
concurred that regular review was important.
5. National League of Cities Conference
Tenpas reported on the National League of Cities conference held in New Orleans. He said he
was impressed with the individual workshops, including "right-sizing" of government, the role of
government in education, gangs in suburban areas, and, in general, found the conference to be
enlightening.
Pidcock concurred that the workshops were informative and insightful. She had attended a
• workshop on creating downtown open spaces, which was particularly helpful with respect to Eden
Prairie's own plans for its downtown. Pidcock noted that the speaker recommended looking at 15-
20 proposals before making a choice, not the usual 5-6 proposals.
Both agreed that the conference served as an excellent resource, and that it had provided a renewed
focus and purpose for them as City Council members.
.-B. Report of City Manager
C. Report of Director of Parks, Recreation & Natural Resource
1. Policy on Pool Water Temperature at Community Center (Moved to Item X.C.3.)
Regarding chlorine problems in the pool, Lambert reported that the water in the pool was tested
by the City, the county and the University of Minnesota. Results showed that the air circulation
in the pool was not as good as it could be in that chlorine was being inhaled by some of the
swimmers because it tended to stay at the surface of the water. Correction would cost $80,000.
Lambert said staff would investigate further and report back to the Council with potential options
for mitigation.
Lambert noted that the major complaint was regarding water temperature. Competitive swimmers
wanted cooler water, recreational swimmers wanted warmer water. He said the temperature of
• the water did not affect the amount of bacteria in the water. Council authorized Lambert to
develop and administer a policy on the temperature of the water based on his research and
expertise.
City Council Minutes 8 December 8, 1992
2. Change Order No. 4 for Eden Prairie Community Center Addition (Move to Item X.C.4.) •
Council discussed the overall status of the project.
MOTION: Jessen moved, seconded by Pidcock, to approve Change Order#4 for the Community
Center. Motion carried unanimously.
3. Proposal from Mrs. H. R. Fowler, 13015 Riverview Road
Mrs. H. R. Fowler, 13015 Riverview Road, presented a proposal for the City to acquire her
property consisting of several buildings on 20 acres. Both the Heritage Preservation Commission
and the Parks, Recreation & Natural Resources Commission recommended that the City Council
reject the proposal in its present form. The Cultural Commission listed some preliminary findings
and had questions about the compatibility of the property to meet objectives of the City.
Councilmembers concurred that the property was an important one to the community and although
the current proposal may not be acceptable, they wanted to keep the lines of communication open
to continue negotiations with her. Jessen and Pidcock volunteered to work with Mrs. Fowler.
MOTION: Anderson moved, seconded by Jessen, to extend the meeting to 11:15 p.m. Motion carried
unanimously. •
4. Process for Natural Resource Inventory
Per Council direction, staff had begun review of ways to inventory the natural resources in the
southwestern part of Eden Prairie and the Minnesota River Bluffs. Lambert reviewed a process which
had been successful in Maplewood and had adapted it to Eden Prairie's needs. The process called
for evaluation of the sites and participation of a residents committee to develop evaluation criteria and
rank priorities for acquisition or protection. This study process would take until early Summer to
complete.
Councilmembers had questions regarding whether recommendations for development would be one
of the results of the study; whether the watershed district would be part of the committee; how the
sites would be graded, or ranked; whether a review of City ordinances and policies would also be part
of the process; and how citizens would be chosen for the committee.
Lambert said that there would be recommendations for development from the committee for each
parcel. He noted that he had contacted the watershed district, but had not yet received a response as
to their participation in the process. Lambert explained that the sites would be graded, or ranked,
in a manner similar to the way the Big Woods north of Mitchell Lake was graded, based on flora and
fauna quality. He agreed that the review of the ordinances and policies was an important and integral
part of the entire process and that it would be part of the committee and Staff responsibilities t*
review these documents thoroughly.
• City Council Minutes 9 December 8, 1992
Lambert said that the members, other than representatives from various City commissions, would be
citizens who had volunteered for such activities. He said he would try to follow the suggestion made
that non-advocates be encouraged to be part of the citizen committee. Lambert asked that the citizen
representatives be appointed in January, 1993, to aid in expediting the process.
Councilmembers directed that City Staff, including the City Attorney, and perhaps the watershed
district, plan workshops soon to begin work on the process.
MOTION: Anderson moved, seconded by Pidcock, to approve the process and authorize preparation
of a Request for Proposal for inventory of the City's natural resources as proposed by Staff. Motion
carried unanimously.
XI. OTHER BUSINESS
XII. ADJOURNMEM
MOTION: Pidcock moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas adjourned the
meeting at 11:45 p.m.
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