City Council - 03/16/1993 AIRNUTFS
EDEN PRAIRIE CITY COUNCIL
•
TUESDAY, MARCH 16, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCI AIEMBERS: 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
Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
• Pidcock added Items X.A.I.Update on Council Request for Code of Ethics re:Receipt of Gifts;Jessen
and Anderson added Item X.A.2.,Report on National League of Cities Conference-Washington DC;
Tenpas added Item X.A.3., TOM Report on Inspections File System Projects. Jullie added Item
X.B.2., Schedule for Joint Meetings with Boards and Commissions.
MOTION: Pidcock moved, seconded by Hams, to approve the agenda as submitted and amended.
Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY MARCH 2 1993
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council meeting
held Tuesday, March 2, 1993, as submitted. Motion carried unanimously.
M. CONSENT CALENDAR
A. Clerk's License List
B. Declaring Costs and Setting Hearing Date regarding Rowland Road Improvements (Resolution
#93-44)
C. Release of Special Assessment Agreement for Hawk High Ridge
• D. Approve Ruzic Special Assessment Agreement
E. Approve Musech Special Assessment Agreement
City Council Minutes 2 March 16, 1993
• F. Receive 100% Petition and Order Preparation of Plans and Specifications for Public
Improvements for Riverview Heights
I.C. 93-5320 (Resolution #93-45)
G. Approve Architect/Engineer Agreement for construction of Water Plant facilities and Police
Station entrance necessary due to TH 212 construction
H. Change Order No. 5 for Eden Prairie Community Center Ice Arena Addition
I. Approve Agency Construction Agreement with MuDOT for Fairfield West Sanitary Sewer
Revision (Resolution#93-46)
J. Request by Bent Creek Golf Club for a Grading Permit for Improvements to Driving Range
K. 2nd Reading of RIVERVIEW HEIGHTS, by Hustad Development. 2nd Reading of an Ordinance
requesting Rezoning from R1-22 to R1-13.5 on 11.0 acres; Approval of Developer's Agreement for
Riverview Heights; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering
Publication of Said Summary. Location: South of Riverview Road. (Ordinance#6-93 for Rezoning
from R1-22 to R1-13.5; and Resolution Authorizing Summary and Publication.) (Resolution#9347)
MOTION: Harris moved, seconded by Anderson, to approve Items A. - K. of the Consent Calendar.
Motion carried unanimously.
IV.PUBLIC HEARINGS/MEETINGS
A. CARMODY VILLAGE by Centex Real Estate Corporation. Request for PUD Concept,PUD District
Review and Rezoning from Rural to RM-6.5 on 27.2 acres, and Preliminary Plat of 27.2 acres into
18 lots. Location: North of Anderson Lakes Parkway at the Carmody Drive Intersection. (Ordinance
for PUD District Review and Rezoning from Rural to RM 6.5;Resolution for PUD Concept; and
Resolution for Preliminary Plat)
Dan Blake, Centex Homes, reviewed significant details of the proposed development. It was noted
that the two-bedroom units would be 1,100 - 1,400 sq. ft. in size and in the price range of$60,000 -
$90,000, possibly higher. Enger reported that the Planning Commission recommended approval of
the project at its February 22nd meeting. Lambert reported that the Parks, Recreation, and Natural
Resources Commission recommended approval of the project at its March 1st meeting.
Councilmembers raised questions regarding the timing of the trail construction through this area and
when the City would receive the land proposed for dedication along the creek valley. Concern was
expressed that the residents be made aware of the future trail installation.
Lambert said it would be to the City's advantage to wait until the Watershed District was ready with
its project in the area, which included paying for 50% of the cost of the trail. He noted that the
• property along Purgatory Creek would be dedicated to the City at the time of final plat.
The Council complimented Centex on development of a project in this price range, which would allow
for more starter home housing stock in the City.
City Council Minutes 3 March 16, 1993
• MOTION: Harris moved, seconded by Pidcock, to:
1) Close the Public Hearing; and
2) Approve 1st Reading of the Ordinance for PUD District Review and Rezoning;
3) Adopt Resolution #93-48 approving the PUD concept;
4) Adopt Resolution #93-49 approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
B. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary
Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of
Adjustments and Appeals: Location: Willow Creek Road (Resolution for Preliminary Plat)
Maryjo Feltl presented revised plans for this previously approved development. Uram reported that
the Planning Commission recommended approval of the plan at its February 22nd meeting. The
• Parks, Recreation, and Natural Resources Commission recommended approval at its March 1st
meeting.
Councilmembers raised concerns regarding sanitary sewer for the lots and the general area, water
quality of Bryant Lake, and the status of previous approvals for the property.
Regarding sanitary sewer, Dietz explained that all the lots were on private sewer systems and that the
Staff was not aware of any leaking tanks at this time. He added that the topography of the area was
prohibitive with respect to installation of a traditional sewer system.
With respect to water quality in Bryant Lake, Gray said that data did not yet exist regarding recent
changes made to the shoreland uses on the lake, including the removal of a stable. He said that
proposal for three lots would have no impact on water quality. Lambert added that it would be five
years, at least, before a study being conducted by the Watershed District would yield any findings
about the water quality.
Pauly discussed the history of this property, including the City's previous decisions on the parcel. He
also spoke to variances, noting that court decisions tended to support the landowner instead of the
municipality in such issues.
Gary Gandrud, Faegre and Benson, representing the Estate of Hayner Larson, questioned legalities
of previous approval as to whether it was still valid. Stuart Nolan, 7020 Willow Creek Road,Estelle
• Knutson, 7120 Willow Creek Road,Brian Duoos, 7160 Willow Creek Road, Dan Duoos,7160 Willow
Creek Road, Peter Larson, Bart Knutson, son of Knutsons at 7120 Willow Creek Road, grandson of
Hayner Larson, and Dan Grote, 7061 Willow Creek Road, supported a two-lot configuration for the
parcel, instead of a three-lot configuration, and expressed concern that the third lot was being
City Council Minutes 4 March 16, 1993
• requested for profit reasons, only. Neighbors were also concerned that the number of variances
requested was excessive and that others in the area would begin to split their lots, if this subdivision
was allowed. Jim Perkins, 7012 Willow Creek Road, spoke in favor of Feld proposal.
Maryjo Feld responded to residents' concerns, stating that there was no profit motive involved and
pointing out that others in the neighborhood had obtained variances for their properties. She said the
reason for three lots was to allow for one for themselves and one each for their two children in the
future.
MOTION: Pidcock moved, seconded by Harris, to close the public hearing. Motion carried
unanimously.
Councilmembers continued discussion about several issues including the "easement" providing access
to the lake for parcels without lake frontage; maintaining the integrity of the neighborhood, and status
of the previous approvals on the property, including variance approvals. Council directed Staff to
research and clarify the lake access issue.
Pauly suggested that one way the City could maintain the existing lot sizes in the neighborhood would
be to rezone all the lots to an R1-44 category so that no lot would be allowed to be smaller than one
acre in size. Regarding the previous approvals, Pauly stated that it was his opinion that the previous
three-lot approval did stand. With respect to the variances, he stated that he felt it was likely that
• they, too, were valid.
Councilmembers believed that a postponement was in order and asked the proponent and the residents
to review the concerns raised. Feltls were asked to consider whether three lots in the previously
approved configuration would be acceptable and the other residents were asked to consider whether
they would be interested in a rezoning of their lots as suggested by the City Attorney.
MOTION: Pidcock moved, seconded by Anderson, to reopen the public hearing on this item and
continue such hearing to the April 6th meeting. Motion carried unanimously.
Mayor Tenpas declared a recess at 9:45 p.m. The meeting was reconvened at 9:55 p.m.
C. ST. ANDREW LUTHERAN CHURCH by St. Andrew Lutheran Church. Request for
Comprehensive Guide Plan Change from Industrial to Church on 4.8 acres, Zoning District Change
from Rural to Church on 4.8 acres and PUD District Review with waivers for building height on
59.70 acres, PUD Concept Review on 59.70 acres and Preliminary Plat of 59.70 acres into three lots
and one outlot. Location: Technology Drive, South of Highway 5 adjacent to Purgatory Creek.
(Resolution for Comprehensive Guide Plan Change from Industrial to Church; Ordinance for
Rezoning and PUD District Review;Resolution for PUD Concept;and Resolution for Preliminary
Plat)
• Pastor Anderson introduced Tom Domac, architect for the project, who reviewed the development
plans for the property. Enger reported that the Planning Commission recommended approval at itc-
City Council Minutes 5 March 16, 1993
• meeting February 22nd. Lambert said the Parks, Recreation and Natural Resources Commission
recommended approval of the development at its March lst meeting.
Councilmembers raised questions regarding the compatibility of the church within the office/industrial
area, the floodplain area adjacent to the church, and trail connections to other trails in the area.
Enger stated that the compatibility issue was mitigated by the treatment of the street frontage with
respect to landscaping, lighting, etc., consistent with the City's Main Street area theme.
Lambert said the floodplain would remain in its natural state and pointed out that MTS would retain
ownership of that area. Regarding trail connections Council directed Staff to return prior to approval
of the developer's agreement for the property with information regarding trail connections.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-50 approving the Comprehensive Guide Plan Change;
• 3) Approve 1st Reading of Ordinance of Rezoning and PUD District Review;
4) Adopt Resolution #93-51 approving the PUD Concept;
5) Adopt Resolution #93-52 approving the Preliminary Plat; and
6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
D. NORMANDY CREST by Associated Investments, Inc. Request for Zoning District Change from
Rural to R1-13.5 on 3.77 acres and Preliminary Plat of 5.4 acres into 8 lots and two outlots.
Location: South of Pioneer Trail and west of Normandy Crest. (Ordinance for Rezoning and
Resolution for Preliminary Plat)
Tom Robertson, Associated Investments, Inc., reviewed the proposed development plans. Enger said
the Planning Commission recommended approval of the plan at its February 22nd meeting; Lambert
said the Parks, Recreation and Natural Resources Commissions recommended approval at its meeting
of March 1st.
There were no comments from the audience.
• MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the Public Hearing;
City Council Minutes 6 March 16, 1993
• 2) Approve 1st Reading of the Ordinance for Rezoning;
3) Adopt Resolution #93-53 approving the Preliminary Plat; and
4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
E. FLOOD PLAIN REGULATION ORDINANCE FLOOD PLAIN ORDINANCE REVISION
(Ordinance to Amend City Code)
Staff had prepared revisions to the City Code relating to the Flood Plain Regulations in order that the
City standards would meet the intent of the model ordinances approved by the Federal Emergency
Management Agency and the Minnesota Department of Natural Resources. The DNR had indicated
that the City's revised ordinance meets Federal and State requirements. The Planning Commission
had reviewed the draft ordinance and recommended approval.
MOTION: Jessen moved, seconded by Pidcock, to:
1) Close the Public Hearing;
• 2) Approve 1st Reading of the Ordinance Amending the City Code provisions for Flood Plain
Regulations.
Motion carried unanimously.
V.PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Hams, to approve the Payment of Claims as presented. Motion
carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye."
VLORDINANCES AND RESOLUTIONS
A. 2nd Reading of Ordinance Related to Trapping
Diane Lynch, representing task force, explained the differences between the previous ordinance and
the proposed ordinance.
Ronald Peterson, 5940 Oaklawn Avenue, MN Trappers' Association, Michael Don Carlos, DNR, and
Bert Noterman, asked the Council to reconsider allowing leghold traps, listing various situations and
reasons for their use, including helping trappers with their service to cities in handling nuisance animal
problems and the legally allowed rights of trappers.
• Charlotte Cozzetto spoke in favor of the ordinance as presented, suggesting that nuisance animals
could be handled in ways other than by using leghold traps.
City Council Minutes 7 March 16, 1993
• Councilmembers suggested that other expertise be added to the Task Force and that the ordinance be
amended with a focus on a concept of balancing the needs of nuisance control and trapping in suburban
area.
MOTION: Harris moved, seconded by lessen, to reconvene Task Force on Trapping/Wildlife
Management Ordinance to discuss the issues raised at this meeting. Motion carried unanimously.
MOTION: lessen moved, seconded by Anderson, to continue the meeting to complete items VIR.A., and
X.C.2. continuing all other items to future meetings. Motion carried unanimously.
VII.PErIMONS, RE UESTS AND COMMUNICATIONS
VIII.REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
A. Discussion of Housing Recommendations from Planning Commission
Kathy Kardell, Planning Commissioner, representing the Task Force on Housing, spoke to the
concerns which prompted the formation of the committee. Basically, the Task Force found that the
City was doing well when assessing the City's progress against its housing goals which were set ten
• years ago as part of the Comprehensive Plan.
The Task Force recommendation was to reaffirm those goals, proactively support developers' efforts
to build new affordable housing, establish the existing housing base, and formulate definition of
moderate priced housing.
The Council thanked the Task Force for its work, endorsing its proactive stance on housing and
directed them to continue their efforts, reporting back to the Council periodically.
IX.APPODaWIENTS
A. Appointment of Community Representative to the South Hennepin Regional Planning Agency
(SHeRPA) (Continued to April 6th)
X.REPORTS OF OFFICERS
A. Reports of Councihnembers
1. Update on Council Request for Code of Ethics re: Receipt of Gifts (Continued to April 6th)
2. Report on National League of Cities Conference in Washington DC (Continued to April 6th)
• 3. TOM Report on Inspection Conversion (Continued to April 6th)
City Council Minutes 8 March 16, 1993
• B. Report of City Manager
1. Naming of New City Hall (Continued to April 6th)
2. Schedule for Joint Meetings with Boards and Commissions (Continued to April 6th)
C. Report of Director of Parks. Recreation & Natural Resource
1. Cedar Forest/Hilltop Neighborhood Park Acquisition Status Update (Continued to April 6th)
2. Reauest from Eden Prairie Land Trust
Pauly had reviewed the request of the Eden Prairie Land Trust (EPLT) for services from the City
and reported that, since the City cannot expend or donate funds inappropriately, it appeared that
some of the requests of the EPLT could not be met. Monetary contributions, including Staff time,
would be in violation of State Law.
Council directed Staff to again review the requests of the EPLT for clarification and to respond
in writing as soon as possible so the EPLT could seek other sources for their needs.
Councilmembers underlined their support of the goals of the EPLT, but with caution to be legal.
Councilmembers discussed land use aides which the City could implement to help protect
• significant natural features as a parallel path of support for the efforts of the EPLT. Pauly
suggested it would be possible to enact ordinances or regulations relating to those properties for
low/non-density development of these areas. Council directed Staff to begin review of regulations
for this purpose.
D. Report of Director of Community Development
E. Report of Director of Public Works
1. Consideration of a Stormwater Utility to Finance System Maintenance and Water Ouality
Management Programs (Continued to April 13th)
F. Report of City Attorney
G. Report of Finance Director
XLOTHER BUSINESS
XILADJOURNMEWT
MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas
adjourned the meeting at 12:05 A.M.
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