City Council - 06/15/1993 MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, JUKE 15, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCIL MF_MBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Markin 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
• Anderson added Item X.A.I.. Report on Meeting re: Hennepin Parks CIP. Pidcock added Item
X.A.2.,Report on League of Minnesota Cities Conference. Jullie added Item IV.N. RESOLUTION
#93-132, SALE OF LAND TO MNDOT FOR TH 212 (Lot 5, Block 2, Eden School Addition).
MOTION: Anderson moved, seconded by Harris, to approve the agenda as submitted and amended.
Motion carried unanimously.
(Pidcock arrived at 7:35 p.m.)
H. OPEN PODIUM
Dave Hetland, Field Representative from Congressman Ramstad's office, said that the Congressman
wanted the City of Eden Prairie and its citizens to be aware that his office was available to help on issues
whenever needed and invited people to call or visit.
M. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, TUNE 1, 1993
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the June 1, 1993, meeting
as submitted. Motion carried unanimously.
IV. CONSENT CALENDAR
• A. CLERK'S LICENSE LIST
B. 2ND READING OF ORDINANCE#21-93 AMENDING CITY CODE CHAPTER 8, SECTION
8.07, SUBD. 3.B., RELATING TO PARKING HOURS AND SIGNAGE
City Council Minutes 2 June 15, 1993
• C. 2ND READING OF TRAPPING ORDINANCE #19-93. AND ADOPTION OF RESOLUTION
#93-121 AUTHORIZING SUMMARY FOR PUBLICATION
D. CHANGE ORDERS FOR MILLER PARK
E. RESOLUTION #93-122, APPROVING FINAL BUDGET FOR 1992
F. CENTRAL MIDDLE SCHOOL PHASE U by the Independent School District#272. 2nd Reading
of an Ordinance for Zoning District Amendment within the Public, R1-22 and I-2 Zoning District on
20.5 acres; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication
of Said Summary; and Adoption of a Resolution Approving Site Plan for Central Middle School Phase
11 Location: Scenic Heights Road. (Ordinance #20-93, Zoning District Amendment within the
Public, R1-22 and I2 Zoning Districts; Resolution #93-123, Authorizing Summary and
Publication; and Resolution #93-124, Site Plan Review)
G. EDEN PRAIRIE TRANSPORTATION BUILDING by Independent School District #272. 2nd
Reading of an Ordinance for Zoning District Amendment within the I-2 Zoning District on 8.31 acres;
Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said
Summary; and Adoption of a Resolution Approving Site Plan for the Bus Garage. Location:
Technology Drive and Wallace Road. (Ordinance#18-93, Zoning District Amendment within the
1-2 Zoning District;Resolution#93-125, Authorizing Summary and Publication; and Resolution
• #93-126, Site Plan Review)
H. A FINDING OF NO SIGNIFICANT IMPACT FOR THE EAW WORKSHEET FOR MARSH
CREEK PLANNED UNIT DEVELOPMENT (Resolution #93-127)
I. RESOLUTION #93-128, APPROVING FINAL PLAT OF RIVERVIEW HEIGHTS (located
south of Riverview Road and east of Homeward Road)
J. RESOLUTION #93-129, APPROVING FINAL PLAT OF GLENSHIRE 2ND ADDITION
(located at the NE Quadrant of Valley View Road and Edenvale Boulevard)
K. RESOLUTION#93-130,APPROVING FINAL PLAT OF VILLAGE KNOLLS 2ND ADDITION
(located east of Homeward Hills Road and west of Purgatory Creek)
L. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR BOULDER
POINTE
M. RESOLUTION #93-131, APPROVING PLANS AND SPECIFICATIONS FOR VILLAGE
KNOLLS 2ND ADDITION AND AUTHORIZE BIDS TO BE RECEIVED, I.C. 93-5325
N. RESOLUTION #93-132, SALE OF LAND TO MNDOT FOR TH 212 (Lot 5, BIock 2. Eden
School Addition)
• MOTION: Harris moved, seconded by Anderson, to approve items A. -N. of the Consent Calendar.
Motion carried unanimously.
City Council Minutes 3 June 15, 1993
• V. PUBLIC HEARINGS/MEETINGS
A. FAIRFIELD WEST PHASE 2 by Centex Homes. Request for PUD Concept Review on 23.5 acres.
Planned Unit Development District Review on 23.5 acres. Rezoning from Rural to R1-13.5 on 6.76
acres. Preliminary Plat of 6.76 acres into 11 lots and road right-of-way. Location: West of
Fairfield, south of Scenic Heights Road #212. (Resolution for PUD Concept Review; Ordinance
for PUD District Review and Rezoning from Rural to R1-13.5; and Resolution for Preliminary
Plat) Continued from 5-18-93
On May 18th, the Council requested further detailed analysis of the tree protection plan proposed by
Centex. Stuart Fox, Manager of Parks & Natural Resources, reviewed his report analyzing the
Centex tree preservation plan, which Councilmembers discussed in great detail. Councilmembers
asked if a zoning classification of R1-44 would help preserve more trees. Fox responded that it may
help; however, the amount of any preservation would depend strictly on the details of the development
on the property, such as the placement of utilities, length of driveways, location and size of house
pads, size of yards planned for sodding, etc.
Jim Ostenson, Tandem Properties, owner of the property, said if the Council would grant the
preliminary approvals requested for the 1 Mot plat at this meeting, that Tandem would be willing to
hold off requests for any final approvals until after the report of the Natural Resources Committee
was made in July. Ostenson said if the remainder of their property (aka "the Big Woods") was
• designated as one of the top three sites for preservation by the Natural Resources Committee, Tandem
would cooperate as much as possible with the City.
He said if this site (the Big Woods) was chosen, it would be Tandem's intention to hold off any
further development plans for the property beyond the 11 lots being reviewed at this meeting in order
to allow the City an opportunity to raise funds to purchase the site through a Fall 1993 referendum
process. If the site was not chosen, or in the event a Fall 1993 referendum failed, it would be
Tandem intention to proceed with development of the site.
Scott Wallace, 12465 Sunnybrook Road, was concerned that homeowners moving into the homes be
made aware of the restrictions on the property. Centex had provided covenants covering these issues
to Staff.
Diane Lynch, representing Eden Prairie Land Trust, said the consultant for the Natural Resources
Committee had ranked the site as one to be preserved. Lambert noted that the Committee had not
yet finalized its recommendations and that there were other factors besides the ranking of the
consultant to consider before a ranking of all sites was completed and recommended to the Council.
MOTION: Jessen moved, seconded by Harris, to close the Public Hearing. Motion carried
unanimously.
MOTION: Jessen moved, seconded by Harris, to adopt Resolution #93-133 for PUD Concept
• Review. Motion carried on a 4-1-0 vote with Anderson voting against.
City Council Minutes 4 June 15, 1993
• MOTION: Jessen moved, seconded by Harris, to approve the 1st Reading of the Ordinance for PUD
District Review and Rezoning from Rural to R1-13.5. Motion failed on a 3-2-0 vote, with
Anderson and Pidcock voting against. (Requires a super majority vote for approval)
Mayor Tenpas declared a recess at 8:30 p.m.; the meeting was reconvened at 8:45 p.m.
MOTION TO RECONSIDER: Pidcock moved, seconded by Jessen, to reconsider the previous
motion. Motion carried on a 4-1-0 vote with Anderson voting against.
The previous motion regarding PUD District Review and Rezoning from Rural to R1-13.5 was up
for discussion once more.
In response to inquiry from Councilmembers, Pauly explained that Council could grant the
preliminary approval requests of the developer at this time, contingent upon proponents offer to
withhold further requests for final approvals pending the recommendations of the Natural Resources
Committee regarding this and the adjacent wooded property owned by Tandem. Pauly affirmed that,
in the event the recommendations of the Natural Resources Committee would affect Council's final
decision about the development of the property, Council could deny any final approvals of the
development.
The majority of the Council concurred in acceptance of proponent's offer to await the
• recommendations of the Natural Resources Committee regarding the adjacent Big Woods area, and
further concurred that it would be appropriate to grant preliminary approvals, only, at this time
because of proponents' offer to postpone further requests for final approvals on their property as
previously stated.
MOTION: Jessen moved, seconded by Harris, to approve the 1st Reading of the Ordinance for PUD
District Review and Rezoning from Rural to R1-13.5, with due consideration of the timing of future
actions on the development as discussed at this meeting. Motion carried on a 4-1-0 vote, with
Anderson voting against.
MOTION: Jessen moved, seconded by Harris, to adopt Resolution #93-134 approving the
Preliminary Plat, with due consideration of the timing of future actions on the development as
discussed at this meeting. Motion carried on a 4-1-0 vote, with Anderson voting against.
MOTION: Jessen moved, seconded by Harris, to direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations, with due consideration of the timing of future
actions on the development as discussed at this meeting. Motion carried on a 4-1-0 vote, with
Anderson voting against.
B. JIFFY LUBE by Danco Development Corporation. Request for Rezoning from Rural to Commercial
Regional Service on 1/2 acre and Site Plan Review on 1/2 acre. Location: Singletree Lane and Eden
Road. (Ordinance for Rezoning from Rural to Commercial Regional Service)
• John Anderson, Danco Development Corporation, reviewed the proposed development. The Planning
Commission has recommended approval of the proposal. There were no comments from the
audience.
City Council Minutes 5 June 15, 1993
MOTION: Anderson moved, seconded by Harris, to:
is 1) Close the Public Hearing;
2) Approve 1st Reading of the Ordinance for Rezoning; and
3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
C. EDEN PRAIRIE FORD - CAR STORAGE by Eden Prairie Ford. Request for Zoning District
Change from Rural to Commercial Regional Service on 4.8 acres. Site Plan Review on 4.8 acres
with variances to be reviewed by the Board of Adjustments and Appeals, Preliminary Plat of 14.4
acres into 1 lot. Location: Valley View Road, east of Prairie Center Drive. (Zoning District
Change from Rural to Commercial Regional Service; and Resolution for Preliminary Plat)
Joe Clement, consultant for the project, reviewed the plans, adding that the developer was also
requesting an early grading permit for the project. Staff reported that the Planning Commission
recommended approval of the development.
Councilmembers raised questions about the screening of this land use from the adjacent residential
• neighborhood, which was higher in elevation than this site. Enger explained the landscaping and
screening plan, noting that the majority of the site would be dropped fifteen feet in elevation from the
road, and that an eight-foot high berm, topped by a decorative fence, would be added at the edge of
the property. Enger added that, because this screening was so complete, the Ford use should not
precipitate any particular type of use on the north side of Valley View Road.
Dave Ekback, 7255 Gerard Drive, expressed concern about the view and about safety with two access
points on Valley View Road. George McGuire, representing Ford, said that there would be security
gates at the two access points which would be used only by Ford. No public traffic would be allowed
through the two access points.
MOTION: Harris moved, seconded by Jessen, to:
1) Close the Public Hearing;
2) Approve 1st Reading of the Ordinance for Rezoning;
3) Adopt Resolution #93-135 approving the Preliminary Plat;
4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations; and
5) Authorize issuance of an early grading permit and caution that the proponent proceed at its own
• risk.
Motion carried unanimously.
City Council Minutes 6 June 15, 1993
• MOTION: Jessen moved, seconded by Harris, to schedule a review of an appeal of the decision of
the Board of Appeals for July 6th, regarding the size of the American Flag to be displayed on the
Ford site. Motion carried unanimously.
Councilmembers continued discussion of the land uses in the neighborhood and decided that the City
should determine the exact uses soon for the benefit of the existing residents and other uses in the
vicinity. Council directed Staff to schedule this item for an upcoming workshop meeting.
D. BLOCKBUSTER VIDEO by Northco Corporation. 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 with variances to be reviewed by the Board of Adjustments and Appeals.
Location: Northwest corner of the intersection of County Road 4 and Highway 5. (Ordinance for
Zoning District Amendment within the Community Commercial Zoning District; and Resolution
for Preliminary Plat)
MOTION: Pidcock moved, seconded by Jessen, to continue this item to the July 6th meeting.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting
0 "aye "
VII. ORDINANCES AND RESOLUTIONS
VHI. PETITIONS, REQUESTS AND COMMUNICATIONS
A. PETITION FOR STOP SIGNS THROUGHOUT THE FAIRFIELD AREA
Based on a communication from the Eden Prairie School District, residents of the Fairfield
neighborhood requested that four-way stop signs be installed at three intersections along Candlewood
Parkway due to concerns about safety for children. Mary Tjenstrom, 8805 Stanley Trail, representing
the neighborhood, spoke to the residents' concerns.
Dietz said he had spoken with the school district transportation representatives and would work with
the neighborhood toward solutions. Council directed that this be an item of discussion on the next
joint Council/School Board meeting.
B. REQUEST FROM CARL MANSON REGARDING STORM SEWER/EASEM ENT ON
PROPERTY AT 12870 ROBERTS DRIVE
Larry Jennings, attorney representing Carl Manson, explained the request that the City provide
payment for an easement over Manson's property or financial relief to allow development of a home
on the property. Pauly reviewed the history of the issue with the Council. It was pointed out that
• the cost of relocating the storm sewer pipe within the easement would be approximately $10,000 -
$12,000.
City Council Minutes 7 June 15, 1993
MOTION: Harris moved, seconded by Pidcock, to defer action on the Manson request pending
• further research of the issue. Motion carried unanimously.
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
X. APPOINTMENTS
A. APPOINTMENT OF ONE MEMBER TO THE HUMAN RIGHTS COIVIlVIITTEE TO FILL AN
UNEXPIRED TERM TO 10/31/94
MOTION: Harris moved, seconded by Jessen, to appoint David Grant to the unexpired term ending
October 31, 1994, for the Human Rights Committee. Motion carried unanimously.
B. RECOMMENDATION FOR APPOINTMENT TO THE METROPOLITAN COUNCIL
Mayor Tenpas was appointed to the nominating committee for a new representative to the
Metropolitan Council district representing Eden Prairie and other communities. Councilmembers
suggested that nominees be questioned about their opinions regarding Flying Cloud Airport expansion,
water quality of the Minnesota River, the mission of the Metropolitan Council, preservation of
regionally significant natural features, MUSA line extensions, sanitary landfill sitings, and future
growth in the Twin Cities Metropolitan Area.
•Mayor Tenpas declared a recess at 10:00 p.m.; the meeting was reconvened at 10:10 p.m.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1.Hennepin County Parks - Capital Improvement Programming
Anderson had attended the meeting setting priorities for capital expenditures for the Hennepin Park
System, which included three projects in Eden Prairie. He said he spent time updating the
Commission on growth in the City and recommended the City pursue memberships on commissions
and committees which controlled expenditures affecting Eden Prairie.
2. LMC Conference
Pidcock reported on the recent League of Minnesota Cities conference, noting several seminars
focused on reinventing government, which were of import to Eden Prairie. She observed that Eden
Prairie was already reinventing its governance with its focus on Total Quality Management.
B. REPORT OF CITY MANAGER
1. Authorization to Execute Purchase Agreement
• MOTION: Anderson moved, seconded by Pidcock, to authorize the Mayor and City Manager to
enter into a purchase agreement with Brunswick Bowling for City-owned property. Motion carried
unanimously.
City Council Minutes 8 June 15, 1993
2. Council Workshop of June 22. 1993
• The time for the workshop was set at 6:30 p.m., with a location to be announced. Topics to be
included were Data Practices Training, a joint meeting with School District, budget revisions
procedures, and signs.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES
1. Swimming Pool Report
MOTION: Jessen moved, seconded by Harris, to authorize the use of General Fund Reserve (Fund
Balance) to fund the improvements to the air handling system for the pool at the Community Center
in an amount not to exceed $75,000. Motion carried unanimously.
2. Wildlife Management Program - Deer Control
Diane Lynch, Bruce Bowman, and Dick Brown of the Parks, Recreation, and Natural Resources
Commission discussed plans to form a Deer Management Study Committee in response to a growing
number of complaints about deer in the community. Councilmembers discussed the Commission and
Staff recommendations, in particular, the advisability of working with adjacent communities.
MOTION: Harris moved, seconded by Pidcock, to authorize formation of the Deer Management
Study Committee and to support the recommendations of the Staff report of June loth, including
• working with the adjacent communities. Motion carried unanimously.
3. Scholarship Funding
MOTION: Harris moved, seconded by Anderson, to authorize an additional$1,500 from the General
Fund Reserve for the recreation scholarship program to fund the program through the balance of
1993. Motion carried unanimously.
4. Request for Clarification on Locating Promotional Signs for Commumfty Events
The Recreation Staff requested clarification from the Council regarding the placement of signage
pertaining to community events. During discussion, it was agreed that signs for Community Events
sponsored by the City could be placed on City property. The use of signs in such locations by non-
profit organizations was also discussed. Councilmembers emphasized the importance of fair treatment
of all parties, and not allowing special privileges for the City.
The Council advised Staff to continue with its current plans for the 4th of July event and further
directed that the sign issue be discussed at its upcoming study session on June 22nd.
D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
1. Midwest Asphalt Plant Action Plan
• At its meeting June 1st, Council requested that Staff prepare an plan to work with Midwest Asphalt
Corporation toward correction of the problems from its facility.
City Council Minutes ' 9 June 15, 1993
MOTION: Harris moved, seconded by Pidcock, to direct Staff to pursue necessary enforcement
. measures to ensure compliance with City Code. Motion carried unanimously.
XII. ADJOURNMENT
MOTION TO ADJOURN: Anderson moved, seconded by Pidcock, to adjourn the meeting. Mayor
Tenpas closed the meeting at 10:55 p.m. and entered a closed session with the City Attorney.
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