City Council - 05/18/1993 MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, MAY 189 1993 8:00 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCHZv1F1 0ERS: 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
Community Development Chris Enger, Director of Parks, Recreation &
Natural Resources Robert Lambert, Director of Public Works Gene Dietz,
and Director of Human Resources and Community Services Natalie
Swaggert
PLEDGE OF ALLEGIANCE & ROLL CALL
Mayor Tenpas called the meeting to order at 8:00 p.m. All members were present.
PRESENTATION OF AWARD FROM MINNESOTA SAFETY COUNCIL
The Minnesota Safety Council honored Eden Prairie with an Outstanding Achievement Award for occupational
•safety activities during 1992. The City Council accepted the award on behalf of the City and commended staff
for their work in this area.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jessen added Item X.A.1. Non-Accessory Signs, and X.A.2.. Residency Requirement for City
Employees. Pidcock added Item X.A.3., League of Minnesota Cities Conference of June 8th. and
Item X.A.4., Recreation Program Registration Complaints. Anderson added Item X.A.5., Citizen
Participation at Council Meetings. and Item X.A.6. Midwest Asphalt Plant.
MOTION: Pidcock moved, seconded by Jessen, to approve the agenda as submitted and amended.
Motion carried unanimously.
II. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 1993
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council
meeting held Tuesday, May 4, 1993, as submitted. Motion carried unanimously.
M. CONSENT CALENDAR
• A. CLERK'S LICENSE LIST
B. 1ST READING OF ORDINANCE TO AMEND SECTION 5.36 OF CODE RELATING TO
REGULATION OF COLLECTION OF RESIDENTIAL REFUSE
City Council Minutes 2 May 18, 1993
• C. RESOLUTION #93-97, AWARDING CONTRACT FOR SEAL COAT, I.C. 93-5317
D. RESOLUTION #93-98, AWARDING CONTRACT FOR 140HP WHEEL LOADER, I.C. 93-
5324
E. AUTHORIZE STUDY BY BLACK&VEATCH TO UPDATE 1990 WATER WORKS MASTER
PLAN
F. RESOLUTION #93-99, APPROVING FINAL PLAT FOR TECHNOLOGY CAMPUS 2ND
ADDITION aka St. Andrews Church (located north of Technology Drive and west of Purgatory
Creek)
G. RESOLUTION #93-100, APPROVING FINAL PLAT OF PINEBROOK (CARMODY
SUBDIVISION) located north of Anderson Lakes Parkway and west of Purgatory Creek
H. RESOLUTION #93-101, AUTHORIZING MODIFICATIONS TO YEAR XIX CDBG
PROPOSALS Amending Proposed Use of Year XIX Urban Hennepin County Community
Development Block Grant Funds
I. RESOLUTION#93-102,DENYING ZONING,PLATTING,AND SITE PLAN REQUESTS FOR
BLOCK BUSTER VIDEO/LIQUOR STORE by Northco Corporation. Denial of request for
Zoning District Amendment within the Community Commercial Zoning District on 10.8 acres,
preliminary plat of 10.8 acres and Site Plan Review on 10.8 acres into three lots. Location:
Northwest corner of County Road 4 and Highway 5.
J. APPROVE CHANGE ORDERS FOR STARING LAKE AMPHITHEATER STORAGE
BUILDING
K. REQUEST BY CENTEX REAL ESTATE FOR GRADING PERMIT TO ALLOW
PLACEMENT OF FILL IN NW CORNER OF TH 169 AND FOUNTAIN PLACE
L. APPROVAL OF CONSULTANT STUDY FOR WETLAND MITIGATION
M. KINGSTON RIDGE 2ND ADDITION by Leland Kottke. 2nd Reading of an Ordinance requesting
Rezoning from Rural to R1-13.5 on 2.76 acres; Approval of a Developer's Agreement for Kingston
Ridge 2nd Addition; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering
Publication of Said Summary. Location: South of Kingston Ridge, west of Staring Lake Parkway
(Ordinance #16-93, Rezoning from Rural to R1-13.5; and Resolution #93-103, Authorizing
Summary and Publication)
N. RESOLUTION #93-104, AWARDING CONTRACT FOR SIDEWALK IMPROVEMENTS,
GOLF VIEW DRIVE (between Allen Court and Green View Court) and PRAIRIE CENTER
DRIVE (between TH 169 and W. 78th Street), I.C. 52-270/I.C. 93-5315
• O. GLENSHIRE 2ND ADDITION by Associated Investments. 2nd Reading of an Ordinance requesting
PUD District Review on 6.1 acres and Rezoning from Rural to R1-9.5 on 6.1 acres; Approval of a
Developer's Agreement for Glenshire 2nd Addition; Adoption of a Resolution Authorizing Summary
of an Ordinance and Ordering Publication of Said Summary. Location: East of Edenvale Boulevard,
City Council Minutes 3 May 18, 1993
• north of Valley View Road (Ordinance #17-93-PUD-4-93, PUD District Review and Rezoning
from Rural to R1-9.5; and Resolution #93-105, Authorizing Summary and Publication)
P. RESOLUTION #93-106, FOR THE SALE OF $550,000 IN EQUIPMENT CERTIFICATES
Q. AWARD BID FOR LARGE ROTARY MOWER
Regarding Item H. of the Consent Calendar, Pidcock asked that Staff make the Metropolitan Council
aware of the City's efforts on housing goals. Jullie said he would follow through.
Regarding Item K. of the Consent Calendar, Anderson questioned whether it would be possible to
request dedication of a trail through the Cherne property as a condition of the grading permit.
Lambert explained that the trail would be dedicated at the time the property was developed.
MOTION: Harris moved, seconded by Jessen, to approve items A. - Q. of the Consent Calendar.
Motion carried unanimously.
IV. PUBLIC HEARINGS/MEETINGS
A. FAIRFIELD WEST PHASE 2 by Centex Homes. Planned Unit Development Concept Review on
23.5 acres, Planned Unit Development District Review on 23.5 acres, Rezoning from Rural to Rl-
13.5 on 6.76 acres and Preliminary Plat of 6.76 acres into 11 lots. Location: West of Fairfield, south
• of Scenic Heights Road #212. (Resolution Approving PUD Concept; Ordinance for PUD District
Review and Rezoning from Rural to R1-13.5; and Resolution Approving Preliminary PIat)
In September, 1992, the Council granted zoning and platting approval for phase one of the Fairfield
West PUD. At that time, Centex and Tandem agreed not to proceed with zoning or platting of the
remaining 11 lots prior to March 15, 1993, and that no development would start until after May 1,
1993.
On split votes, the Planning Commission recommended approval of the project and the Parks,
Recreation and Natural Resources Commission recommended denial of the proposal. Dissenting votes
on both commissions recommended awaiting the report of the special Natural Resources Commission
and R1-44 zoning for protection of the natural resources.
Tom Boyce, President of Centex Homes of the Midwest, presented the development plans for the
property, noting that seven (7) lots would be located within the "Big Woods."
Betty McMahon, president of the Eden Prairie Land Trust (EPLT), explained the progress of the
organization so far. She explained that the EPLT had not been able to raise the money needed to
purchase the "Big Woods" from the developer, as planned. On behalf of the organization, McMahon
asked the Council to refrain from acting on the developer's request until the report of the specially
appointed Natural Resources Commission was completed, on or about July 6th.
• Councilmembers considered the details of the tree protection plan proposed by the developer, which
would allow or protection of more trees on the property. There was concern amongst
Councilmembers about the potential impact of the development upon the mature maple and basswood
forest which was part of and adjacent to the property. The suggestion was made that R1-44 zoning
City Council Minutes 4 May 18, 1993
be considered for the property. It was noted that one of the purposes of the R1-44 district was
preservation of such natural resources. There was also concern expressed regarding fair treatment
of the developer, especially since Centex and Tandem had proposed to meet, or exceed, all ordinance
requirements with the development of the property.
MOTION: Pidcock moved, seconded by Jessen, to close the public hearing. Motion carried
unanimously.
During continued discussion amongst Councilmembers, it was determined that the City Forester
should review the Centex tree protection plan in detail and report back to Council regarding any
findings. Further, the Forester was authorized to obtain outside consultation, if necessary.
Dick Putnam, Tandem Corporation, owner of the property, explained the amount of investment that
had been made in the property. He added that Tandem Corporation had offered EPLT an option for
$1.00 on the balance of the wooded area owned by Tandem, if EPLT would allow Tandem to develop
the remaining eleven (11) lots.
MOTION: Pidcock moved, seconded by Jessen, to reconsider the previous motion to close the public
hearing. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Jessen, to withdraw the previous motion to close the public
hearing. Motion carried unanimously.
• MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing pending receipt by
Council of an analysis from the City Forester regarding the Centex Plan for tree preservation.
Further, the Forester is hereby authorized to obtain additional consultation, as deemed appropriate.
Motion carried on a 4 - 1 - 0 vote with Tenpas voting against.
Mayor Tenpas declared a recess called at 9:50; the meeting was called back to order at 10:05 p.m.
B. SOWLES PROPERTY by US Homes. Request for Planned Unit Development Concept Review of
83.55 acres, Planned Unit Development District Review on 12.06 acres, Comprehensive Guide Plan
Change from Low Density Residential to Medium Density Residential on 12.06 acres, Rezoning from
Rural to R1-9.5 on 45.92 acres, Rezoning from Rural to RM-6.5 on 12.06 acres, Rezoning from
Rural to R1-13.5 on 5 acres, and Preliminary Plat of 83.55 acres into 195 lots, 5 outlots and road
right-of-way. Location: East of Dell Road, north of County Road 1. (Resolution Approving PUD
Concept;Resolution Approving Comprehensive Guide Plan Change; Ordinance for PUD District
Review and Rezoning from Rural to R1-9.5, RM 6.5, and R1-13.5; and Resolution Approving
Preliminary Plat)
Lee Johnson, representing U. S. Homes, presented the development plans to the Council. The
• Planning Commission and Parks, Recreation and Natural Resources Commission had both
recommended approval of the development proposal. Changes recommended by the Planning
Commission for connection of neighborhood streets had been made by the developer and were
represented in Alternate C on the plans.
City Council Minutes 5 May 18, 1993
• Councilmembers discussed trail connections from the neighborhood to the school. It was agreed that
the developer would work with staff prior to second reading to provide adequate connection for the
safety of kids going to and from school.
Brian Venable, 17349 Bainbridge Drive, Rick Bailey, 16835 Hanover Lane, Roy Rosemond, 17220
Bainbridge Drive, Jim Todd, 17018 Hanover Lane, Dallas Erdmann, 17116 Bainbridge Drive, Dennis
'Brien, 8770 Danton Way, Kelly O'Brien, 8770 Danton Way, Lyn Erdmann, 17116 Bainbridge
Drive, William Swisher, 17051 Hanover Lane, expressed concerns that the new development would
invite many people to use their a traffic route through their neighborhood because of the "straight
line" that would be created by the connection of this development to the north. Neighbors were
concerned about pedestrian and biker safety, as well.
MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-107, approving the PUD Concept Review;
3) Adopt Resolution #93-108, approving the Comprehensive Guide Plan Change;
4) Approve the 1st Reading of the Ordinance for PUD District Review and Rezoning from Rural to
R1-9.5, RM-6.5, and R1-13.5;
• 5) Adopt Resolution #93-109, approving the Preliminary Plat; and
6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations including trail. Further, that developer shall work with staff regarding Alternate
C for road alignment as depicted in the plans and before second reading, staff will meet with the
neighborhood regarding consensus for alternate.
Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to extend the meeting to 11:30 p.m. Motion carried
unanimously.
C. VICTORY LUTHERAN CHURCH by Victory Lutheran Church. Request for Zoning District
Amendment within the Public Zoning District on 6.6 acres. Location: East of County Road 4, north
of Berger Drive. (Ordinance for Zoning District Amendment within the Public Zoning District)
The Planning Commission unanimously recommended approval at its April 26, 1993 meeting.
Nancy Nickolai, 16011 Lakeshore Drive, representing herself and her father, raised questions about
• drainage in the area as it impacted her home and asked that the family be notified of the timing of
construction in the area. Council directed staff to follow through to correct the drainage and
notification requests.
City Council Minutes 6 May 18, 1993
• MOTION: Pidcock moved, seconded by lessen, to:
1) Close the Public Hearing;
2) Approve 1st Reading of the Ordinance for Zoning District Amendment within the Public Zoning
District; and
3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations, including correction of the problems on the Nickolai property.
Motion carried unanimously.
D. CENTRAL MIDDLE SCHOOL PHASE U by the Independent School District#272. Request for
Zoning District Amendment within the Public, R1-22 and I-2 Zoning Districts on 20.5 acres to allow
for the construction of replacement athletic facilities and Site Plan Review on 20.5 acres for review
of grading and drainage plans for the outdoor recreational area. Location: Scenic Heights Road.
(Ordinance for Zoning District Amendment within the Public, R1-22 and I-2 Zoning Districts)
The Planning Commission had recommended approval of the plan at its meeting May loth. There
were no comments from audience.
MOTION: Pidcock moved, seconded by Anderson, to:
• 1) Close the Public Hearing; and
2) Approve 1st Reading of the Ordinance for Zoning District Amendment within the Public, R1-22,
and I-2 Zoning District.
Motion carried unanimously.
E. EDEN PRAIRIE TRANSPORTATION FACILITY by Independent School District#272. Request
for Zoning District Amendment within the I-2 Park Zoning District on 8.31 acres and Site Plan
Review on 8.31 acres for construction of a 40,000 sq. ft. garage. Location: Technology Drive and
Wallace Road. (Ordinance for Zoning District Amendment within the 1-2 Park Zoning District)
The Planning Commission had recommended approval of this request at its May loth meeting. There
were no comments from members of the audience; however, Council had received a letter from
Kleerflo Company regarding screening concerns. The school had agreed to work with Kleerflo to
provide for satisfactory screening of the site from the Kleerflo property.
MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the Public Hearing; and
• 2) Approve 1st Reading of the Ordinance for Zoning District Amendment within the I-2 Park Zoning
District.
Motion carried unanimously.
City Council Minutes 7 May 18, 1993
• V. PAYMENT OF CLAIMS
MOTION: lessen 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."
VI. ORDINANCES AND RESOLUTIONS
A. VICTORY LUTHERAN CHURCH by Victory Lutheran Church. 2nd Reading of an Ordinance
requesting Zoning District Amendment within the Public Zoning District on 6.6 acres; Approval of
amended Developer's Agreement for Victory Lutheran Church; Adoption of a Resolution Authorizing
Summary of an Ordinance and Ordering Publication of Said Summary. Location: East of County
Road 4, north of Berger Drive. (Ordinance for Zoning District Amendment within the Public
Zoning District; and Resolution Authorizing Summary and Publication)
MOTION: Harris moved, seconded by Pidcock, to:
1) Approve 2nd Reading of Ordinance #15-93 for Zoning District Amendment within the Public
Zoning District;
2) Adopt Resolution #93-110, Authorizing the Summary of the Ordinance for Publication; and
3) Approval of the Supplement to the Development Agreement.
• Motion carried unanimously.
B. RESOLUTION #93-111 APPROVING FINAL PLAT OF VICTORY LUTHERAN CHURCH
ADDITION (located south Lakeshore Drive and east of CSAH 4)
MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution#93-111, approving the final
plat for Victory Lutheran Church Addition. Motion carried unanimously.
VII. PETITIONS, REQUESTS AND COMMUNICATIONS
VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
A. HUMAN RIGHTS COMMITTEE - 1993-1994 Work Plan
Bill Jackson, Chair of the Human Rights Committee, presented the Committee's 1993-1994 Work
Plan to the Council. Councilmembers asked for the Commission's input about how the City should
respond to prejudicial actions on its property, i.e. the ice rinks and fields, and how to encourage
adults working with kids, like coaches, to help with education about prejudice. Council and
Committee members also discussed the need for a diversity coordinator.
Concern was expressed amongst Councilmembers regarding the potential difficulties which may arise
• from listing only a specific number of groups within the Manifesto, instead of all groups.
MOTION: Hams moved, seconded by Jessen, to adopt the proposed Eden Prairie Manifesto.
Motion carried on a vote of 4 - 0 - 1, with Tenpas abstaining.
City Council Minutes 8 May 18, 1993
• B. COMMUNITY NEEDS AND RESOURCES COUNCIL - Proposal for Livery Service Program
MOTION: Hams moved, seconded by Pidcock, to support a Livery Service Program for the City
using Triad Transportation, Inc., and to authorize staff to proceed with development of a such a
program. Motion carried unanimously.
C. HUMAN RIGHTS & SERVICES COMMISSION- Funding for YMCA Youth Outreach Worker
Program Expansion
MOTION: Anderson moved, seconded by Jessen, to approve$7,000 in the evolving Human Services
Program in the Community Services Budget to conduct a pilot program for a female outreach
counselor for the last half of 1993. Motion carried unanimously.
IX. APPOINTMENTS
A. Recommendation to the Hennepin County Board of Commissioners for Appointment to Riley_
Purgatory-Bluff Creek Watershed District
MOTION: Anderson moved, seconded by Pidcock, to recommend to the Hennepin County Board
of Commissioners that Perry Forester be reappointed to a three-year term on the Riley-Purgatory-Bluff
Creek Watershed District Board of Managers. Motion carried unanimously.
• X. REPORTS OF OFFICERS
A. Reports of Councilmembers
1. Non-Accessory Signs - Continued to June 1, 1993
2. Residency Requirement for City Employees - Continued to June 1, 1993
3. League of Minnesota Cities Conference of June 8th - Continued to June 1, 1993
4. Recreation Program Registration Complaints - Continued to June 1, 1993
5. Citizen Participation at Council Meetings - Continued to June 1, 1993
6. Midwest Asphalt Plant - Continued to June 1, 1993
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION TO ADJOURN: Anderson moved, seconded by Harris, to adjourn the meeting. Mayor Tenpas
adjourned the meeting at 12:15 a.m.
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