City Council - 08/17/1993 MINUTES
EDEN PRAIRIE CITY COUNCIL
*TUESDAY, AUGUST 17, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: 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. Hams was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added items VII.A.,Fertilizer Ordinance; XI.A.1., Requirement for Sanitation Facilities at
Construction Sites; XI.A.2., Arbitrage Refunds from IRS for Bond Sales; and XI.A.3., Request for
• Preservation of Prairie Grass Site. Jullie added item VI.Payment of Claims, Check #14194, Stahl
Construction for $1,237,485.00; item VIII.A., Set Date for Hearing for Appeal from Decision of the
Board of Appeals for Satherstrom, and XI.B.3., Agenda Packet Process and Content.
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.
III. MINUTES
A. JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COM IISSIONMEETING
HELD TUESDAY, AUGUST 3, 1993
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the joint City
Council/Flying Cloud Airport Advisory Commission meeting of August 3, 1993, as submitted.
Motion carried on a 3-0-1 vote with Jessen abstaining.
B. REGULAR CITY COUNCIL MEETING HELD TUESDAY, AUGUST 3, 1993
• MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council
meeting of August 3, 1993, with an amendment to page 3, paragraph 2, of item V.A., changing
"negations" to "negotiations." Motion carried on a 3-0-1 vote with Jessen abstaining.
City Council Minutes 2 August 17, 1993
.IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST (INCLUDES RESOLUTION #93-168, APPROVING CLASS A
GAMBLING LICENSE FOR THE HARTINGER FOUNDATION)
B. RESOLUTION #93-169,_APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY FOR CITY COSTS ASSOCIATED WITH CSAH 18 PROJECT (AGREEMENT PW
38-49-93)
C. WEBBER ADVERTISING by Eden Trace Corporation. 2nd Reading of an Ordinance for Zoning
District Amendment in the I-2 Park Zoning District on 4.8 acres; Approval of a Developer's
Agreement for Webber Advertising; and Adoption of a Resolution Approving Site Plan for Webber
Advertising. Location: Martin Drive. (Ordinance #32-93, Zoning District Amendment and
Resolution #93-170 Site Plan)
D. SPECIAL ASSESSMENT AGREEMENT WITH T. AHCHAEL CLARKE
E. RESOLUTION_#93-171. APPROVING FINAL PLAT OF WEST FIVE_ BUSINESS CENTER
(located along Fuller Road, South of TH 5)
F. RESOLUTION #93-172, APPROVING FINAL PLAT OF EDENVALE INDUSTRIAL LOTH
ADDITION (located north of Martin Drive and east of Mitchell Road)
• G. RESOLUTION #93-173, APPROVING FINAL PLAT OF FAIRFIELD SOUTH 2ND (located
at the NW Ouadrant of Pioneer Trail and Braxton Drive)
H. RESOLUTION_ #93-174.APPROVING FINAL PLAT OF FAIRFIELD WEST 2ND ADDITION
(located south of proposed_Scenic Heights Road and north of New Market Drive)
I. RESOLUTION #93-175 AUTHORIZING MAYOR AND CITY MANAGER TO SIGN
CERTIFICATE OF CORRECTION AMENDING THE PLAT OF FAIRFIELD SOUTH
J. CHANGE ORDER NO.2.ROWLAND ROAD/OLD SHADY OAK ROAD IMPROVEMENTS,
I.C. 52-067
MOTION: Pidcock moved, seconded by Anderson, to approve items A. - J. of the Consent Calendar.
Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. BLUFFS EAST 14TH ADDITION by Hustad Development. Request for Planned Unit
Development Concept Review on 186 acres, Planned Unit Development District Review on 10.65
acres, Zoning District Change from Rural to R1-13.5 on 10.65 acres and Preliminary Plat of 10.65
acres into 24 lots. Location: Bluff Road and Wild Duck Pass. (Resolution for PUD Concept;
Ordinance for PUD District Review and Zoning District Change from Rural to RI-13.5; and
• Resolution for Preliminary Plat)
City Council Minutes 3 August 17, 1993
• Beth Hustad, developer, presented the development plans. Enger reported that the Planning
Commission had recommended approval of the development.
Councilmembers discussed concerns related to the stormwater drainage for the area, including
capacity and timing of improvements. Dietz said current capacity of the pond had been sufficient
to handle recent large rain events. He added that the plan for stormwater management in this area
had always included a pumping station for storm water on the final site, which was owned by the
same developer, Hustad Development. Timing of the construction of the pumping station and
development of the final parcel were dependent upon the timing of Hennepin County Department
of Transportation with respect to improvements on County Road #18.
Hustad concurred about the timing, adding that her company had every intention of putting in the
stormwater facility as part of the final development.
Arnold Stevens, 10424 Fawns Way, expressed concern about drainage in this area with respect to
the adjacent townhome structures.
MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing. Motion carried
unanimously.
MOTION: Jessen moved, seconded by Anderson, to:
1) Adopt Resolution #93-176, approving the PUD Concept;
2) Approve 1st Reading of the Ordinance for PUD District Review and Rezoning;
3) Adopt Resolution #93-177, approving the Preliminary Plat, and
4) Direct Staff to prepare a Development Agreement incorporating Commission, Staff, and
Council concerns. Further, Council directed Staff to review the storm water drainage plans
for the overall area prior to second reading to assure the adequacy of the system with respect
to Fawns Way residents and overall system capacity for future needs and to report findings to
the Council prior to second reading of the ordinance for this development.
Motion carried unanimously.
B. 7901 BUILDING RENOVATION AND PARKING EXPANSION by Smith Architects. Request
for Zoning District Change from I-General to I-2 on 0.17 acres and the Preliminary Plat of 9.05
acres into 2 lots. Location: 7901 Fuller Road. (Ordinance for Zoning District Change from I-
General to I-2 and Resolution for Preliminary Plat)
John Smith, architect for the developer, explained the request and presented the plans for the
proposed development. The Planning Commission recommended approval of the development.
There were no comments from the audience.
• MOTION: Pidcock moved, seconded by Anderson, to:
1) Close the Public Hearing;
City Council Minutes 4 August 17, 1993
• 2) Approve 1st Reading of the Ordinance for Rezoning;
3) Adopt Resolution #93-178, approving the Preliminary Plat; and
4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
C. VACATION 93-02,DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOTS 5 AND
6, BLOCK 8. WINDFIELD 3RD ADDITION
There were no comments from the audience.
MOTION: Jessen moved, seconded by Pidcock, to:
1) Close the Public Hearing; and
2) Adopt Resolution #93-179 vacating the drainage and utility easements.
Motion carried unanimously.
• D. VACATION 93-03, SNOW FENCE EASEMENTS ALONG BRYANT LAKE ROAD
There were no comments from members of the audience.
MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the Public Hearing; and
2) Adopt Resolution #93-180, vacating the drainage and utility easements.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims with the addition
of Check #14194, Stahl Construction for $1,237,485.00. Motion carried on a roll call vote, with
Anderson, Jessen, Pidcock, and Tenpas voting "aye."
VH. ORDINANCES AND RESOLUTIONS
A. Fertilizer Regulations
Pidcock had examples of ordinances relating to use of lawn chemicals and potential environmental
• damages from their use. She suggested that the City consider adoption of such an ordinance.
Dawson explained that he and Councilmember Anderson served on an environmental cities
organization which was addressing this issue as a group.
City Council Minutes 5 August 17, 1993
• Council directed Staff to begin work on a draft ordinance and to work through the Waste
Management and the Parks, Recreation, and Natural Resources Commissions on the matter.
VIII.PETITIONS. REQUESTS AND COMMUNICATIONS
I
i A. Set Date for Bearing for Appeal from Decision of the Board of Anneals for Satherstrom
i
MOTION: Pidcock moved, seconded by Anderson, to set it for September 7th for review of the
Satherstrom appeal from the decision of the Board of Appeals regarding a requested variance.
Motion carried unanimously.
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Portable Sanitation Facilities at Construction Sites
Pidcock reported that she had received complaints about the sanitary conditions at construction
• sites. Councilmembers concurred that the problem was not only unsanitary, but also unsightly.
Staff was directed to include requirements for sanitary facilities in all developer's agreements
for all non-residential developments, and for any residential development consisting of five(5),
or more building sites.
2. Arbitrage Refunds from IRS for Bond Sales
Pidcock referenced Federal legislation regarding refunds potentially available to the City from
arbitrage for bond sales. Staff reported that legislation had been evaluated as it might impact
the City; however, it was found the City would not receive any refunds.
3. Request for Preservation of Prairie Grass Site
Pidcock recommended that the City respond to the letter from Mr. Paul Moss regarding his
observations and concerns about the prairie grasses on the parcel near Flying Cloud Airport.
Staff said a follow up letter would be sent to Mr. Moss.
B. REPORT OF CITY MANAGER
1. Award Contract for Telephone System for City Center
Councilmembers raised concerns that, with a new telephone system in place, Staff must develop
and implement a procedure for employee accountability with respect to clearing their voice mail
and doing so promptly to avoid the frustrations experienced in other organizations.
City Council Minutes 6 August 17, 1993
• MOTION: Jessen moved, seconded by Anderson, to authorize execution of the contract with
Tie Systems, Inc. per its proposal and subsequent modifications. Motion carried unanimously.
2. Set Date for Budget Session Workshop
Council directed Staff to set August 31st at 6:00 p.m. as the date and time for the Budget Session
Workshop. If possible, the meeting would be held at the new City Center facility.
3. Agenda Packet Process and Content
Jullie introduced Dean Barry, a communications consultant recently hired by the City. It was
explained that, due to changes involved with cablecasting of the meetings, the agenda process and
content would require some change. Barry would be contacting Councilmembers directly
regarding their opinions and concerns.
XH. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION TO ADJOURN: Pidcock moved, seconded by Anderson. Mayor Tenpas adjourned the
meeting at 8:30 p.m.
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