City Council - 12/21/1993 MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 21, 1993 7:30 PM, CITY CENTER
•
Council Chamber - 8080 Mitchell Road
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 Bob Lambert, Director
of Public Works Gene Dietz, and Council Recorder Jan Nelson
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Tenpas called the meeting to order at 7:35 PM. All members were present.
PROCLAMATION FOR MARTIN LUTHER KING, JR. EVENT
Mayor Tenpas read the Proclamation and Bill Jackson of the Human Rights & Services Commission gave a
presentation regarding the event.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
• Pidcock added Item XI.A.1. Items on Codes that were to be Removed. Jessen added Items XI.A.2.
Discussion of Weekend Signs; XI.A.3. Discussion of Report Calling for Wetlands Banking. Jullie
noted that Item F of the Consent Calendar could remain and added Items X.A. Appointment of
Representative to the Southwest Metro Transit Commission; and XI.B.3. Set Meeting to Interview
Board and Commission Candidates in February.
MOTION: Pidcock moved, seconded by Harris, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
There were no comments or presentations made during this portion of the agenda.
M. MINUTES
A. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 1993
MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting
of November 16, 1993, as submitted. Motion carried unanimously.
B. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7. 1993
• MOTION: Anderson moved, seconded by Harris, to approve the minutes of the City Council meeting
of December 7, 1993, as submitted. Motion carried with Harris, Jessen, Pidcock and Tenpas
abstaining.
City Council Minutes 2 December 21, 1993
•IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BENTEC EXPANSION by Bentec Engineering. 2nd Reading of an Ordinance for Zoning District
Amendment within the Office zoning district on 1.58 acres; Adoption of a Resolution Approving Site
Plan Review for Bentec Engineering and Approval of a Developer's Agreement for Bentec Expansion
for Bentec Engineering. Location: 13050 Pioneer Trail. (Ordinance #45-93, Zoning District
Amendment within the Office Zoning District and Resolution #93-222, Site Plan)
C. RESOLUTION #93-223, APPROVING FINAL PLAT OF EDEN PRAIRIE FORD
D. RESOLUTION#93-224 RECEIVE PETITION AND ORDER FEASIBILITY STUDY FOR WEST
82ND STREET, I.C. 93-5341
E. APPROVAL OF PROPOSAL BY FOX. McCUE & COMPANY TO SERVE AS THE CITY'S
INDEPENDENT AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1993
F. BREAM TOWNHOUSES by Bream Builders. 2nd Reading of an Ordinance for PUD District Review
on 6.71 acres and Zoning district Amendment in the RM-6.5 Zoning District on 6.71 acres; Adoption
of a Resolution Approving Site Plan Review for Bream Townhouses and Approval of a Developer's
Agreement for Bream Townhouses. Location: West of Dell Road and North of Pioneer Trail.
• (Ordinance #44-93-PUD-15-93, PUD District Review and Zoning District Amendment in the RM-
6.5 Zoning District on 6.71 acres and Resolution #93-225, Site Plan)
G. AWARD BID FOR 1ST PHASE OF MILLER PARK PLAY STRUCTURE
H. RESOLUTION #93-226 APPROVING FINAL PLAT FOR PRAIRIE VILLAGE MALL
I. RESOLUTION #93-227 APPROVING REFINANCING OF SUPER VALU MUNICIPAL
INDUSTRIAL DEVELOPMENT BONDS
J. RESOLUTION #93-228, APPROVING REFINANCING OF ROTT-RIVETT CORPORATION
(SUPER-8 HOTEL) MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS
K. APPROVING CHANGE ORDER NO.1 FOR SINGLETREE LANE TRUNK WATERMAIN,I.C.
NO. 93-5337
L. RESOLUTION #93-229. APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY AND PLANS FOR CSAH 62
Councilmembers questioned whether there should be consideration given to other auditing firms in
addition to Fox, McCue & Company. The consensus was to discuss this before a decision is made for
the 1994 audit. Councilmembers directed Staff to prepare information regarding the process to issue
additional liquor licenses for the 2nd meeting in January.
• MOTION: Harris moved, seconded by Pidcock, to approve items A. - L. of the Consent Calendar as
presented. Motion carried with Jessen voting against Item H.
City Council Minutes 3 December 21, 1993
• V. PUBLIC HEARINGS/MEETINGS
A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural
to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest corner
of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from Rural to
R1-13.5 and Resolution for Preliminary Plat) Continued from November 16, 1993.
MOTION: Pidcock moved, seconded by Anderson, to continue this item to the January 18, 1994
meeting per petitioner's request. Motion carried unanimously.
B. BENT CREEK RESIDENTIAL by Bent Creek Development Corporation. Request for Comprehensive
Guide Plan Amendment from Medium Density Residential to Low Density Residential on 34.72 acres,
PUD Concept Review on 58.8 acres for 111 housing units, PUD District Review with waivers on 58.8
acres for 111 housing units, Rezoning from Rural to RM-6.5 on 10.2 acres for 20 twinhomes, Rezoning
from Rural to R1-13.5 on 34.72 acres for 61 single family homes, Rezoning from Rural to R1-9.5 on
13.13 acres for 30 single family homes, and Preliminary Plat on 58.8 acres into 91 single family lots
and 20 twinhome lots. (Resolution for Comprehensive Guide Plan Amendment;Resolution for PUD
Concept Review; and Ordinance for PUD District Review and Rezoning from Rural to RM 6.5,
Rezoning from Rural to R1-13.5, Rezoning from Rural to R1-9.5 and Resolution for Preliminary
Plat)
Mark Ecklo, representing Bent Creek Development Corporation, addressed the proposal. Lambert said
• the Parks Commission had concerns about the number of variances requested and the potential conflict
of the rear yard setbacks and a future light rail right-of-way.
Councilmembers expressed concern about the tree loss, the grading of the hilltops, the variances
required, possible problems with drainage, and potential conflict with future light rail right-of-way.
Gray said Staff has worked with proponent on the elevations so that none of the units are particularly
vulnerable to flooding.
Paul Bulver, 6749 Vermar Terrace, said this is a good example of a procedure that works when the
developer and the neighborhood work together to resolve problems. He said he thought the Parks
Commission should have stated their objections earlier in the process.
MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing, to adopt Resolution#93-
230, amending the Comprehensive Guide Plan, to adopt Resolution #93-231, approving the PUD
Concept Review on 58.8 acres, to approve 1st Reading of Ordinance for PUD District Review with
waivers on 58.8 acres and Zoning District Change, and to adopt Resolution #93-232, approving the
Preliminary Plat.
Council directed that, prior to 2nd reading, Staff was to check into possible conflicts with the light rail
right-of-way that could occur when future residents apply for permits to construct decks. Staff was also
directed to make sure that residents attending Public Hearings at Planning Commission meetings are
made aware that the Parks Commission will also review the project at its next meeting.
• VOTE ON THE MOTION: Motion carried unanimously.
City Council Minutes 4 December 21, 1993
• MOTION: Harris moved, seconded by Pidcock, to approve an early grading permit for the twinhome
portion of the project at the developer's own risk. Motion carried unanimously.
MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations and including the requirement that notice be given
to purchasers of the units about possible future light rail being built in the trailway corridor. Motion
carried unanimously.
C. SUAE%4ERFIELD by The Rottlund Company. Request for Comprehensive Guide Plan Change from
Public to Medium Density Residential on 19.59 acres, Comprehensive Guide Plan Change from
Neighborhood Commercial to Medium Density Residential on 3.03 acres, Comprehensive Guide Plan
Change from Office to Medium Density Residential on 2.5 acres, PUD Concept Review on 39.14 acres,
PUD District Review with waivers on 38.14 acres, Rezoning from Rural to RM-6.5 on 5.53 acres,
Rezoning from Public to RM-6.5 on 19.59 acres, Preliminary Plat-of 38.14 acres into 78 lots, and 1
outlot for 180 multi-family units. Location: Dell Road and Highway 5. (Resolution for
Comprehensive Guide Plan Change from Public to Medium Density Residential, from
Neighborhood Commercial to Medium Density Residential, and from Office to Medium Density
Residential;Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers
and Rezoning from Rural to RM-6.5 and from Public to RM-6.5; and Resolution for Preliminary
Plat)
Don Jensen, representing The Rottlund Company, addressed the proposal.
• Councilmembers questioned the use of cottonwoods as replacement trees and whether the trail would
built or an easement would be put in place. Enger said the cottonwood was added as a significant tree
for replacement. Jensen said they are approaching MnDOT to request an easement for grading and
planting done as well as tying into the trail system.
Enger reviewed the recommendations of the Planning Commission and Staff. Lambert said the Parks
Commission recommended approval subject to the recommendations of the Staff Reports and with the
additional recommendation that, with regard to the outlot to be dedicated, the boundaries should be
expanded to include 8-10 feet for the trail along the wetlands so that the trail will be completely on
public property.
Councilmembers expressed concern about the effect the Parks Commission recommendation might have
on the back-yard setbacks and whether any of the quad units could be changed to duplex units.
Lambert said the Parks Commission also said we should not hold to that recommendation if it causes
variance requirements. Staff was directed to analyze the effect of the Parks Commission
recommendation between lst and 2nd Reading. Enger said the Planning Commission had asked that
also and had decided to recommend the project as is.
Tom Briant, 7578 Kimberly Lane, and Julia Foote, 7603 Kimberly Lane, supported the development
and said they appreciated the developer working with the neighborhood to refine the proposal in order
to maintain the appearance of the neighborhood.
• Councilmembers asked Staff to work with the developer to put in the rest of the trail. Lambert said
they will work with the developer if they are able to obtain the easement from the State.
City Council Minutes 5 December 21, 1993
• MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing; to adopt Resolution#93-
233 for Amendments to the Comprehensive Guide Plan; to adopt Resolution #93-234 approving PUD
Concept Review on 38.14 acres; and to approve 1st Reading of the Ordinance for PUD District Review
with waivers and rezonings. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Jessen, to adopt Resolution #93-235 approving the
Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations and including the request that the masses along the ridge be broken up and the
recommendation of the Parks Commission regarding the extension of the outlot boundaries for the trail
along the wetlands. 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. ORDINANCE AMENDING THE CITY CODE REGULATING USE OF PUBLIC PARKS
Lambert reviewed the staff recommendations, noting that there were funds in the budget to pave the
hockey rink at Forest Hills School/Park in order to provide a place for in-line skate hockey games.
• Councilmembers questioned what the effect would be if the ordinance was passed and what the costs
were to resurface the courts. Lambert replied that resurfacing cost$3500-$4000 per court and that the
rules have been in place but we have had no means to enforce them.
Council directed Staff to publicize the rules of the rink at Forest Hills in addition to enforcing the rules
at the other courts. In response to Council concern over an hour not being 'sufficient time for a tennis
game, it was decided that the Parks Commission will check into the time limit and make a
recommendation.
MOTION: Anderson moved, seconded by Harris, to adopt lst Reading of the Ordinance to amend
Section 9.04 of the City Code. Motion carried unanimously.
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. REQUEST BY INTERSTATE COMPANIES FOR A LAND ALTERATION PERMIT AT
ROWLAND ROAD AND SHADY OAK ROAD
Lee Henderson, representing Interstate Companies, reviewed their request for a land alteration permit.
Rosow reviewed the points in the settlement agreement in the case of Interstate Companies versus the
City and the EAW petition from the residents. He then outlined the options available to the Council
in dealing with this request.
• Councilmembers expressed concern about the effect of the new State wetland mitigation regulations that
become effective December 31, 1993. Rosow said the Nine-Mile Creek Watershed is grandfathered
in as long as something is done before June of 1995.
City Council Minutes 6 December 21, 1993
• Councilmembers expressed concern about the grading request occurring before there is a development
proposal for the property. Henderson said his client is not a real estate developer and that he has been
advised that the best way to sell it is to do the grading. Rosow explained that a grading permit was
permissible because the applications for Guide Plan change had been received.
Councilmembers questioned what the impact of the proposed change to Medium Density/Office would
be. Enger reviewed the potential development under that classification.
Bill Griffiths, representing the Homeowners Association, Steve Yunger, 6549 Cherokee Trail West,
representing five neighborhoods, and Rick Ahmann, 6604 Golden Ridge Drive, discussed concerns of
wetlands, developability of the land, and timely methods of notification from the City about the potential
development of the City. Enger explained that the earlier proposal came before the Planning
Commission in 1991, but proponent withdrew the request before the Council reviewed it.
MOTION: Harris moved, seconded by Pidcock, to approve issuance of a land alteration permit subject
to the conditions in the Staff memorandum of December 17, 1993 and subject to approval of the Guide
Plan change, review of the Rezoning request, and full site plan review.
AMENDMENT TO THE MOTION: Harris moved, seconded by Pidcock, to include "and subject
to the withdrawal of the request for an EAW by the neighborhood group."
VOTE ON THE AMENDMENT TO THE MOTION: Motion carried unanimously.
• VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
MOTION: Harris moved, seconded by Pidcock, to continue the meeting until 11:15 p.m. Motion carried
unanimously.
B. TRAFFIC ON NORTH LUND ROAD (Ronald Pashina) (Continued to January 4, 1994)
TX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
X. APPOINTMENTS
A. APPOINTMENT OF REPRESENTATIVE TO SOUTHWESTMETRO TRANSIT COMMISSION
MOTION: Pidcock moved, seconded by Anderson, to appoint Scott Rollin as representative to the
Southwest Metro Transit commission. Motion carried unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
• 1. Items on Codes that were to be Removed (Continued to January 4, 1994)
2. Discussion of Weekend Signs (Continued to January 4, 1994)
City Council Minutes 7 December 21, 1993
• 3. Discussion of Report Calling for Wetlands Banking (Continued to January 4, 1994)
B. REPORT OF CITY MANAGER
1. Approval of 1994 Enterprise Fund Budgets
MOTION: Harris moved, seconded by Pidcock, to approve the 1994 Proposed Budgets for the
City's Enterprises. Motion carried unanimously.
2. Discussion on Combining Building Code Board of Appeals and Board of Appeals &
Adjustments
MOTION: Pidcock moved, seconded by Harris, to assign the Building Code Board of Appeals
functions to the Board of Appeals & Adjustments. Motion carried unanimously.
3. Set Meeting to Interview Board and Commission Candidates in February
Councilmembers set February 8, 1994 as the meeting date to interview Board and Commission
candidates.
C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES
• 1. Recommendation to Change Open Skating Hours at Community Center
Lambert explained changes in open skating and open swimming hours at the Community Center
with respect to decreasing the number of problems that had occurred in recent months.
Councilmembers expressed concern that this does not directly address the problem and that it may
adversely affect participation. Lambert said the problems have occurred primarily after 10:00 p.m.
Bob Kershaw, 14304 Forest Hill Road, said he thinks that Eden Prairie has too many hours of open
skating compared to other communities and the extra hours may result in kids using the time to
"hang out" rather than skate.
MOTION: Pidcock moved, seconded by Harris, to change the times for open skating and open
swimming at the Community Center per Staff recommendations. Motion carried unanimously.
2. Recommendation to Provide Position at Community Center to Supervise Open Skating
Staff requested approval of a part-time position for Community Center "building security" on Friday
and Saturday evenings to help with the problems that are occurring. He said funding for the
position would come from an increase in the fees from $1.00 to $1.50 for children and $1.50 to
$2.00 for adults, which would be in line with other similar facilities in the area.
MOTION: Harris moved, seconded by Jessen, to authorize the part-time building security staff
• for the Community Center as proposed. Motion carried unanimously.
Council directed Staff to report on the usage and status of the Community Center in 60 days.
City Council Minutes 8 December 21, 1993
• 3. Cash Park Fees for 1994
MOTION: Jessen moved, seconded by Harris, to approve the cash park fees of $900 per
residential unit and $3,250 per acre for commercial/industrial developments. Motion carried
unanimously.
4. Request to Increase Garden Plot Rental Fees to Cover Costs (Continued to January 4, 1994)
5. Gift Book (Continued to January 4, 1994)
D. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Resolution#93-236.Awarding Contract for 1994 Maintenance Materials and Water Treatment
Chemicals, I.C. 93-5340
MOTION: Pidcock moved., seconded by Anderson, to adopt Resolution #93-236, awarding the
Contract for I.C. 93-5340 for 1994 maintenance materials and water treatment chemicals as
amended by Staff. Motion carried unanimously.
2. Resolution #93-237. Awarding Contract for City Well No. 11 and 12, I.C. 93-5337
MOTION: Pidcock moved, seconded by Harris, to adopt Resolution #93-237, awarding the
• contract for city Well No. 11 and 12, I.C. 93-5337 to Layne Minnesota Company. Motion carried
unanimously.
3. Resolution#93-238. Requesting Metropolitan Council Authorization to Purchase PropgM for
TH 212 Using Right-of-Way Acquisition Loan Fund (RALF)
MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution #93-238, requesting
Metropolitan Council Authorization to purchase property for TH 212 using Right-of-way
Acquisition Loan Fund (RALF) money. Motion carried unanimously.
4. Authorization to Hire Appraisals for RALF Purchases for TH 212
MOTION: Harris moved, seconded by Anderson, to authorize Staff to hire appraisers for the
RALF purchases for the TH 212 project. Motion carried unanimously.
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Motion
carried unanimously. Mayor Tenpas adjourned the meeting at 11:15 p.m.
•