City Council - 07/20/1993 MINUTES
EDEN PRAIRIE CITY COUNCIL
DAY, JULY 20, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCIL A IFMBERS: 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,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 XI.A.1.. Tour of Properties Identified for Possible Park Referendum. Tenpas
• added Item XI.A.2. City Manager's Performance Review. Jullie added Item IV.M., Resolution
Approving_Final Plat for Kingston Ridge 2nd Addition and Item XI.E.3.. Agreement with the City
of Minnetonka for Sewer Utility Extension.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
There were no items presented during Open Podium.
M. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, JULY 6, 1993
MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting
of July 6, 1993, as submitted. Motion carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BEARPATH PHASE 2 by Sienna Corporation. 2nd Reading of Ordinance, PUD District Review
on 419 acres, Rezoning from Rural to R1-13.5 on 122 acres, Rezoning from Rural to RM-6.5 on
19.1 acres; Approval of a Developer's Agreement for Bearpath Phase 2; Adoption of Resolution
Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location:
East of Riley Lake, north of Pioneer Trail. (Ordinance#26-93-PUD-7-93,PUD District Review
City Council Minutes 2 July 20, 1993
• and Rezoning from Rural to R1-13.5 and RM 6.5; and Resolution #93-143 Authorizing
Summary and Publication)
C. RESOLUTION #93-144, APPROVING FINAL PLAT OF BEARPATH ADDITION (located
at the N.E. Quadrant of Lake Riley and Pioneer Trail)
D. APPROVE CHANGE ORDER NO.3 FOR RIVERVIEW ROAD WATERMAIN I C 52-255
E. CENTEX DEERFIELD by Centex Homes/Delegards. 2nd Reading of Ordinance for PUD
District Review with waivers on 94.15 acres and Rezoning from Rural to R1-9.5 on 30.1 acres;
Rezoning from Rural to R1-13.5 on 7.3 acres; Rezoning from Rural to RM-6.5 on 21.8 acres;
Approval of a Developer's Agreement for Centex Deerfield Residential & Centex Deerfield
Commercial; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering
Publication of Said Summary. Location: Dell Road and West 82nd Street. (Ordinance#27-93-
PUD-8-93, PUD District Review and Rezoning from Rural to R1-9.5, R1-13.5 and RM 6.5;
and Resolution #93-145, Authorizing Summary and Publication)
F. JIFFY LUBE by Danco Development Corporation. 2nd Reading of Ordinance for Rezoning
from Rural to Commercial Regional Service on 1/2 acre; Approval of a Developer's Agreement
for Jiffy Lube; 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 Jiffy
Lube. Location: Singletree Lane and Eden Road. (Ordinance#28-93, Rezoning from Rural
• to Commercial Regional Service on 1/2 acre; Resolution #93-146, Authorizing Summary
and Publication; and Resolution #93-147, Site Plan Review)
G. EDEN PRAIRIE FORD- CAR STORAGE by Eden Prairie Ford. 2nd Reading of an Ordinance
for Zoning District Change from Rural to Commercial Regional Service on 4.5 acres; Approval
of a Developer's Agreement for Eden Prairie Ford - Car Storage; Adoption of a Resolution
Authorizing Summary of an Ordinance and Publication of Said Summary; and Adoption of a
Resolution Approving Site Plan for Eden Prairie Ford - Car Storage. Location: Singletree Lane
and Eden Road. (Ordinance #24-93, Zoning District Change from Rural to Commercial
Regional Service on 4.5 acres; Resolution #93-148, Authorizing Summary and Publication;
and Resolution #93-149, Site Plan Review)
H. CHANGE ORDER NO. 1 FOR MILLER PARK
I. AUTHORIZING PAYMENT OF CERTAIN CLAIMS WITHOUT PRIOR COUNCIL
APPROVAL
J. RESOLUTION #93-150, AWARD CONTRACT FOR WATER. SEWER & STREET
IMPROVEMENTS FOR VILLAGE KNOLLS 2ND ADDITION I.C. 93-5325
K. AWARD CONTRACT FOR PAGING/PA SYSTEM FOR CITY CENTER
• L. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 5 FOR DELL ROAD (NORTH).
I.C. 52-126
City Council Minutes 3 July 20, 1993
M. RESOLUTION #93-151, APPROVING FINAL PLAT OF KINGSTON RIDGE 2ND
ADDITION
MOTION: Pidcock moved, seconded by Anderson, to approve items A., C. -H., J. -M., of the
Consent Calendar as presented, and item B, subject to the condition of obtaining the all signatures
required for the Owners' Supplement of the Developer's Agreement and the Special Assessment
Agreement, with requirement that Staff shall hold the final plat until such documents are fully
executed and delivered to the City. Motion carried unanimously.
Upon further discussion of Item I., Authorization for Payment of Certain Claims Without Prior
Council Approval, Councilmembers concurred that the item was better suited for a work session
topic.
MOTION: Harris moved, seconded by Jessen, to schedule item IV.I. from the Consent Calendar
for discussion at the next Council Workshop Session. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. BRUNSWICK FAMILY WORLD by Brunswick Corporation. Request for Planned Unit
Development Concept Review on 23 acres, Planned Unit Development District Review with
waivers on 5 acres, Preliminary Plat of 23 acres into 4 lots and Zoning District Change from Rural
to Commercial Regional Service on 5 acres. Location: North of Singletree Lane opposite Wal-
Mart. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning
District Change from Rural to Commercial Regional Service; and Resolution for Preliminary
Plat)
Hank Harris, Vice President of Brunswick Recreation, reviewed the development proposal. Harris
commented that the Downtown Eden Prairie Development Plan made the location of the facility
in the City an attractive proposition for Brunswick.
The Planning Commission and Parks, Recreation, and Natural Resources Commission
recommended approval of this proposal.
Gene Wright, owner of Hopkins Bowl, asked about demographics used to establish the size of the
development. Mayor Tenpas referred Mr. Wright to the proponent for specifics.
MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-152 approving the PUD Concept Review;
3) Approve the 1st Reading of the Ordinance for PUD District Review and Rezoning; and
• 4) Adopt Resolution #93-153, approving the Preliminary Plat.
Motion carried unanimously.
City Council Minutes 4 July 20, 1993
• B. WEBBER ADVERTISING by Eden Trace Corporation. Request for Zoning District Amendment
in the I-2 Park Zoning District on 4.8 acres; Site Plan Review on 4.8 acres; Preliminary Plat on
4.8 acres into 2 lots; Variances to be reviewed by the Board of Adjustments and Appeals.
Location: Martin Drive. (Ordinance for Zoning District Amendment in the I-2 Park Zoning
District; and Resolution for Preliminary Plat)
Mark Undestad, owner of the property, reviewed the details of the development proposal.
The Planning Commission recommended approval of the development. There were no comments
from the audience.
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the Public Hearing;
2) Approve 1st Reading of the Ordinance for Rezoning;
3) Adopt Resolution #93-154, approving the Preliminary Plat; and
4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
• Motion carried unanimously.
VI. 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, Harris, Jessen, Pidcock, and Tenpas voting
"aye."
VII. ORDINANCES AND RESOLUTIONS
A. BRUNSWICK FAMILY WORLD by Brunswick Corporation. 2nd Reading of an Ordinance for
Zoning District Change from Rural to Commercial Regional Service on 5 acres and Planned Unit
Development District Review with waivers on 5 acres; Approval of a Developer's Agreement for
Brunswick Family World; and Adoption of a Resolution Authorizing Summary of an Ordinance
and Publication of Said Summary. Location: North of Singletree Lane opposite Wal-Mart.
(Ordinance for Zoning District Change from Rural to Commercial Regional Service on 5
acres and Planned Unit Development District Review on 5 acres; and Resolution Authorizing
Summary and Publication)
MOTION: Jessen moved, seconded by Pidcock, to:
1) Approve 2nd Reading and Adoption of Ordinance #25-93-PUD-5-93 for Rezoning;
• 2) Adopt Resolution #93-155 Authorizing the Summary of this Ordinance for Publication; and
3) Approve the Development Agreement for Brunswick Family World; and,
City Council Minutes 5 July 20, 1993
4) Authorize developer to proceed with grading on the property at its own risk.
Motion carried unanimously.
B. 1ST READING OF AN ORDINANCE TO AMEND LIQUOR LICENSE REGULATIONS
Pauly explained that the proposed language would allow liquor service in bowling centers provided
that the sale of food and liquors comprised less than 50% of gross sales for the business.
MOTION: Harris moved, seconded by Anderson, to approve 1st Reading of the Ordinance
amending the liquor ordinance. Motion carried unanimously.
C. RESOLUTION #93-156, APPROVING FINAL PLAT OF EDEN PRAIRIE
MARKETCENTER (located at the N.E. Quadrant of Prairie Center Drive and Singletree Lane)
MOTION: Pidcock moved, seconded by Anderson, to approve Resolution #93-156, approving
Final Plat for Eden Prairie MarketCenter. Motion carried unanimously.
VIII.PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST FROM CARL MANSON REGARDING STORM SEWER/EASEMENT ON
PROPERTY AT 12870 ROBERTS DRIVE AREA (Continued from June 15, 1993)
• Staff reported on discussions held with Mr. Manson and his attorney since June 15th. Manson and
his attorney, Mr. Jennings, reviewed their position. Upon further discussion, it was suggested that
additional conversations between Staff and Manson may prove beneficial to all parties.
MOTION: Jessen moved, seconded by Pidcock, to defer this item until August 3, 1993, pending
review of additional information received at this meeting with the suggestion that Staff continue
to negotiate with Mr. Manson and his attorney. Motion carried unanimously.
IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
A. HUMAN RIGHTS COMMITTEE - Request for a Joint Meeting with the City Council
Council directed Staff to schedule a joint meeting with the Human Rights Committee for 6:00 PM
before the regular City Council meeting of September 7, 1993.
X. APPOINTMENTS
A. RECOMMENDATION TO THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO
REAPPOINT ED SCHUCK FOR A THREE-YEAR TERM ON THE NINE MILE CREEK
WATERSHED DISTRICT
• MOTION: Pidcock moved, seconded by Anderson, to recommend to Hennepin County Board
of Commissioners that Ed Schuck be reappointed to the Nine Mile Creek Watershed District
Board of Managers. Motion carried unanimously.
City Council Minutes 6 July 20, 1993
•RI. REPORTS OF OFFICERS
A.REPORTS OF COUNCILMEMBERS
1. Tour of Properties Identified for Possible Park Referendum.
Council directed Staff to coordinate a date, possibly a Saturday morning, for touring the
properties.
2. City Manager's Performance Review
Councilmembers discussed the City Manager's review, noting that, while the process had
improved, there were still some changes needed to the review process which would benefit both
the Council and the Manager.
MOTION: Harris moved, seconded by Pidcock, to $82,500, retroactive to January. Motion
carried unanimously.
B. REPORT OF CITY MANAGER
1. Award Contract for Audio Video System for City Center Project
• MOTION: Jessen moved, seconded by Pidcock, to award the contract for the
audio/video/cablecasting system to AVI Systems in an amount not to exceed $225,000. Motion
carried unanimously.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES
1. Riley Lake Park Expansion
Lambert reviewed three options with the property owners regarding eventual disposition of the
properties and recommended Option No. 1 for Council approval. He requested Council
approval to authorize negotiations for acquisition of 9300 and 9301 Riley Lake Road at this
time.
Joan Thomas, one of the owners of property on Riley Lake, expressed concern about receiving
a fair value for her property and about the timing of the process, particularly as may concern
her current renters. She also expressed concern that the negotiations consider her tax position.
Tom Owens, real estate attorney, representing Shuldiess family, stated that Option #1 a
recommended by Staff was considered acceptable by his clients. Mr. Shuldiess said he may
be willing to offer the City a right of first refusal for the property, but that he wanted to stay
on the property. Cuoncil drected Staff to continue negotiations with the Shuldeiss family about
obtaining a right of first refusal for their property.
• MOTION: Jessen moved, seconded by Hams, to authorize Staff to proceed with Option#1,
and to negotiate with the property owners involved for acquisition of the properties at 9300 and
9301 Riley Lake Road. Motion carried unanimously.
City Council Minutes 7 July 20, 1993
• D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Modification of Development District No. 1
Staff explained details involved for modification of Tax Increment Development District #1 for
purposes of funding projects as scheduled for the area and recommended a public hearing schedule.
MOTION: Pidcock moved, seconded by Anderson, to set September 7, 1993, as the public
hearing date for amendment of the Tax Increment Development District. Motion carried
unanimously.
2. Hennepin Conservation District Ground Water Plan
Staff explained the proposed Hennepin Conservation District Ground Water Plan for Hennepin
County and recommended endorsement of the plan by the Council. There was some concern that
the proposal may require further study before a recommendation was made.
MOTION: Pidcock moved, seconded by Anderson, to support the proposed Ground Water Plan.
Motion carried on a 4 - 0 - 1 vote, with Jessen abstaining.
• 3. Agreement with the City of Minnetonka for Sewer Utility Extension
MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution #93-157, Approving
Agreement with Minnetonka for Sanitary Sewer and Water Service to the Markham Knolls
Addition. Motion carried unanimously.
XH. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION TO ADJOURN: Pidcock moved, seconded by Anderson. Mayor Tenpas adjourned the
meeting at 9:35 p.m.
•