City Council - 12/15/1992 APPROVED MENUTFS
EDEN PRAIRIE rITY COUNCIL
*TUESDAY, DECEMBER 15, 1992 FOLLOWING ERA MEETING
7600 Executive Drive
COUNCH2V EMBERS: 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. Frane,
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
Acting Mayor Anderson called the meeting to order at 7:45 p.m. Tenpas was absent.
RECOGNITION FOR RESIDENTS REGARDING CHEMICAL SPILL IN PURGATORY CREEK
Will Sandstad, Long Duong, and Jim Sanhamel were recognized for their help in stopping the chemical spill
�in Purgatory Creek on November 30th. Acting Mayor Anderson acknowledged their quick action in notifying
the City, noting that it was important in keeping the spill from polluting the creek and lakes any further.
MOTION: Pidcock moved, seconded by Hams, to direct Staff to prepare certificates of appreciation for
Sandstad, Duong and Sanhamel for their help with the chemical spill in Purgatory Creek. Motion carried
unanimously.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added Items X.B.2., Lease Agreement with HRA for 8100 Mitchell Road: X.B.3., Accepting
Bid for County Road #4 Pedestrian Bridge; X.B.4., 1st Reading for Liquor Licensing
Requirements; X.B.5., Adopting Resolution No. 92-262, Designating Bank Depositories: and,
X.B.6., Report on System Committee Meeting of Metropolitan Council Regarding Proposed
Expansion of Flying Cloud Airport.
MOTION: Jessen moved, seconded by Harris, to approve the agenda as presented and amended.
Motion carried unanimously.
H. CONSENT CALENDAR
A. Clerk's License List
• B. Resolution No. 92-256, Approving Final Plat for Jamestown 2nd Addition (located south of TH
5 and east of Dell Road)
City Council Minutes 2 December 15, 1992
C. 2nd Reading of Ordinance No. 45-92, Amending Peddlers Transient Merchants and Solicitors
Ordinance - Section 5.37 and Resolution No. 92-263, Approving Summary for Publication
D. Resolution No. 92-257, Amending City Development Agreement for EIun Shores
MOTION: Harris moved, seconded by Pidcock, to approve items A - D of the Consent Calendar.
Questions were raised regarding the licensee for Chi Chi's restaurant. Ms. Debra Page, attorney for
the applicant, answered the questions regarding the applicant, noting that the licensee represented the
corporation purchasing the restaurant but that the manager of the restaurant would be the same person
who had managed it from its opening.
Motion carried unanimously.
M. 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) Continued from Tuesday,
December 8, 1992
This hearing had been continued from the December 8, 1992 meeting. Mrs. Carmody responded to
concerns raised by a neighbor, Brad Moe, at the December 8th meeting. She submitted a letter with
her responses, which was placed on file with Mr. Moe's letter from the previous meeting. She noted
that there was not a designated wetland on the property, and that changing the location of the
driveway would mean removal of six mature trees. She also pointed out that, contrary to Mr. Moe's
letter, many of the lots in the area were smaller lots than that proposed by the Carmody's.
The Carmody's had spoken to several of the people who had signed the petition and reported some
did not know what they had signed, or did not agree with what they had signed after reviewing the
Carmody application in greater detail. Some who signed had their homes for sale.
Brad Moe, 14372 Westridge Drive, explained his concern that everyone abide by the requirements
set forth for development in the City. Moe believed a neighborhood meeting should have been held
for this subdivision.
Councilmembers discussed Mr. Moe's concerns and reviewed the Carmody proposal, concluding that
no preferential treatment was afforded to anyone. Enger said the subdivision met all City
requirements. He also noted that a neighborhood meeting is never a requirement but may be
suggested for larger or controversial projects; however, it is the developer's choice whether to hold
the neighborhood meeting.
MOTION: Pidcock moved, seconded by Harris, to:
1) Close the public hearing; •
2) Approve the 1st reading of the ordinance for rezoning;
City Council Minutes 3 December 15, 1992
• 3) Adopt the Resolution No. 92-258 to approve the Preliminary Plat; and
4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
B. RESOLUTION VACATING PART OF RIGHT-OF WAY FOR LAKE SHORE DRIVE,
VACATION NO. 92-08
The vacation of part of the right-of-way for Lakeshore Drive was necessary to allow development in
conformance with the plat for Victory Lutheran Church. Relocation of a U.S. West Communications
line would be necessary prior to the filing of the vacation documents.
Nancy Nicklay, 16011 Lake Shore Drive, asked about responsibility for maintenance of the road prior
to construction. Dietz said the City would be responsible.
MOTION: Pidcock moved, seconded by lessen, to:
1) Close the public hearing; and
• 2) Adopt the Resolution No. 92-259 to vacate right-of-way for part of Lakeshore Drive.
Motion carried unanimously.
C. OAK POINT SCHOOL by Eden Prairie School District. Request for Zoning District Amendment
in the Public Zoning District and Site Plan Review. Location: 13400 Staring Lake Parkway.
(Ordinance for Zoning District Amendment)
Steve Thompson, Cunningham Architects, presented plans for a 35,200 square foot addition to the
Oak Point Intermediate School. Enger reported that the Planning Commission recommended approval
of the addition at its November 23rd meeting. There were no comments from the audience.
Staff reviewed a letter from Rick Geshwiler regarding the noise from mechanical units on the
building. Thompson explained that during summer months there were tests on faulty boiler units,
which were eventually replaced. Therefore, he expected the noise would not recur.
Councilmembers asked about future accommodations for parking during school events and a pool for
the school. Thompson said that there were 80 spaces over and above those needed for faculty and
staff and that overload parking was usually dealt with on the streets for large events. He noted that
there was a designated location for the pool near the bus loop at the front corner of the building;
however, there were no plans or funds for construction of a pool at this time.
• MOTION: lessen moved, seconded by Harris, to:
1) Close the public hearing; and
City Council Minutes 4 December 15, 1992
2) Approve 1st Reading of the Ordinance for Zoning District Amendment. •
Motion carried unanimously.
D. BURNET OFFICE BUILDING by 1501 Partnership. Request for Zoning District Amendment in
the Office Zoning District on 1.6 acres and Site Plan Review on 1.6 acres. Location: Highway 5
and Terrey Pine Court.
Bruce Schmidt, representing 1501 Partnership, presented the development proposal. Enger reported
that the Planning Commission recommended approval of this proposal at its November 23rd meeting.
Councilmembers asked questions about the traffic study to be done for the intersection of Highway
#5 and County Road #4 and how the development of this site would be included in evaluations of
traffic. Staff explained that the development would be included in the study and said the Council
would be updated on progress of the study.
Dick Axel, owner of Axel Dental Clinic on an adjacent lot, discussed concerns regarding speeding
in the parking lot, traffic circulation between the buildings,landscaping on the site including the slope
to the berm, and the location and accessibility of the fire hydrant. Enger said most of these issues
could be worked out with minor adjustment to the site plan and that the hydrant was already relocated.
Council directed that these items be worked out prior to second reading and that Dr. Axel be informed
of the changes made. •
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the public hearing;
2) Approve the 1st Reading of the Ordinance for Zoning District Amendment; and
3) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations, and Council concerns about speed and safety; and,
4) The revised site plan be returned to Council for review prior to second reading.
Motion carried unanimously.
IV. PAYMENT OF CLAIMS
MOTION: Jessen moved, seconded by Pidcock, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Barris, Jessen, and Pidcock voting "aye."
V. ORDINANCES AND RESOLUTIONS
VI. PETITIONS. REQUESTS AND COMMUNICATIONS •
VII. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
City Council Minutes 5 December 15, 1992
• VIII. APPOINTMENTS
IX. REPORTS OF OFFICERS
A. Reports of Councilmembers
B. Report of City Manager
1. Approval of Enterprise Funds Budgets
Jullie presented the proposed 1993 Budgets for the Enterprise Funds-Water, Sewer, Stormwater, and
Liquor. None of the budgets proposed changes in authorized staffing levels. The Water and Sewer
Budgets would retain a positive cash position, and no changes in water or sewer rates were proposed.
Establishment of a Stormwater Utility was yet to be accomplished by formal Council action, and the
rates to support this utility needed to be finalized.
Councilmembers discussed fees. Frane explained that it would be difficult to predict the timing of
a fee increase until it was known how much rainfall would occur in the Spring. Dietz explained that
a testing fee of$5.21 per customer would be added eventually for testing water for lead and copper
required in the future.
• MOTION: Jessen moved, seconded by Harris, to approve the Enterprise Fund budgets Water,
Sewer, Stormwater, and Liquor for 1993. Motion carried unanimously.
2. Lease Agreement with HRA for 8100 Mitchell Road
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92 261, accepting the Lease
Agreement with the HRA for 8100 Mitchell Road and authorizing the Mayor and Manager to execute
the agreement on behalf of the City. Motion carried unanimously.
3. Accepting Bid for County Road #4 Pedestrian Bridge
Dietz explained the details of plans to replace the existing unsafe bridge at the intersection of County
Road #4 and the TC&W Railroad bridge. He said construction would be completed partially by the
contractor and partially by City Staff, and would likely be done in Spring, 1993. Dietz said that when
County Road #4 was reconstructed, the bridge could.be relocated elsewhere in the City.
MOTION: Jessen moved, seconded by Harris, to adopt Resolution No. 92-260, Accepting Bid for
CSAH #4 Pedestrian Bridge at TC&W Railroad from Sunram Construction, Inc. Motion carried
unanimously.
4. Liquor Ordinance Amendment
• Jullie said that the current City Code did not allow liquor licenses to be issued for any property which
had delinquent property taxes. He reported that the City had been approached by one such property
owner requesting a change in this code requirement. Jullie explained the history of this provision of
the Code, noting that this was not a requirement for any other type of license in the City. He
City Council Minutes 6 December 15, 1992
suggested that it may not be appropriate to take away a license when it would help generate revenue*
to pay delinquent taxes. It was noted that, eventually, the City would receive any delinquent taxes
owed because of protection which existed in the State law.
Councilmembers expressed concern about the added cost to the City of establishments with liquor
licenses, including additional police services. They were also concerned about helping businesses in
the City during difficult economic times. After further discussion, Councilmembers determined that
there was more information needed about the proposed ordinance change. Staff was directed to
research alternative language for the ordinance, how other cities treat such situations, and conflicts,
if any, with State laws regarding liquor licensing.
MOTION: Jessen moved, seconded by Pidcock, to table 1st reading of an ordinance amendment for
liquor licensing ending receipt of additional background information. Motion carried unanimously.
5. Bank Depositories for City Accounts
Frane reported that Staff had sent a Request for Proposal to all banks in the City regarding services
available for the City's accounts. It was recommended that three banks be used as depositories for
the City's accounts.
Jessen explained that he was a member of the Board of Directors of the Norwest Bank and would not,
therefore, participate in the discussion or vote on this issue to avoid potential conflict of interest. •
MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 92-262, approving First
Bank Eden Prairie of Eden Prairie Minnesota, the First State Bank of Eden Prairie, Minnesota, and
Norwest Bank of Eden Prairie, Minnesota as the official depositories for the City. Motion carried
on a 3-0-1 vote, with Jessen abstaining.
6. Report on System Committee Meeting of Metropolitan Council Regarding Proposed Expansion
of Flying Cloud Airport
Jullie reported on the meeting at the Metropolitan Council, stating that he believed the City had the
Committee's very serious attention regarding the issue. He explained that the item was continued by
the Committee until the two issues regarding funding sources and surface/ground water were
addressed.
Councilmembers discussed the next steps to continue opposition to the expansion. Jullie
recommended a three-part plan including continued legal work to be handled by Pauly, continued staff
research into obtaining technical assistance from an airport consultant, and hiring of a public relations
firm to make the City's position as widely-known and well-expressed as possible.
MOTION: Jessen moved, seconded by Anderson, to authorize City Staff to solicit a public relations
firm as recommended by Staff for an amount not to exceed $10,000.
Jullie said he would have recommendations to the Council within 60 days regarding a public relations•
firm. Regarding the technical assistance, Staff would report to Council at its second meeting in
i
City Council Minutes 7 December 15, 1992
January regarding the scope of work and type of expertise available. Meanwhile, Pauly would
continue efforts against the expansion from a legal perspective.
Motion carried unanimously.
X. OTHER BUSINESS
A. Praise for City's Recycling Program
Pidcock passed on praises she from a meeting she had attended recently where Hennepin County
Commissioner Randy Johnson spoke and said that Eden Prairie had one of the most efficient and
cost-effective recycling programs in Hennepin County.
XI. ADTO
MOTION TO ADJOURN was made by Harris, seconded by Pidcock. Anderson adjourned the meeting
at 9:45 p.m.
•