City Council - 06/03/1986 1
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 3, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J . Jullie , City
Attorney Roger Pauly, Planning Director
Chris Enger, Director of Community
Services Robert Lambert, Director of
Public Works Eugene A. Dietz, and
Recording Secretary Jan Nelson
PLEDGE OF A LLE GIA NC E
ROLL CALL: All members were present . t
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS f
The following items were added to the Agenda: IX . B . 2 .
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Consideration of Ordinance 1-86 - Changes in Sprinklin Ban
Ordinance ; IX . B . 3 . Part-time c— ler cal help for Fir Division.
MOTION: Anderson moved , seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously .
II . MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 1986
MOTION: Bentley moved , seconded by Anderson, to approve the 3
Minutes of the City Council meeting held Tuesday, May 20, 1986,
as published . Motion carried unanimously .
III . CONSENT CALENDAR
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A . Proclamation proclaiming Friday, June 13, 1986 as "Curt
Connaughty Day in Eden Prairie"
B . Approve Findings of Fact of No Sianificant Impact on EAW for
Valley View Road Improvement Project between CSAH 4 and
ffl'tchpll Road I .0 C . - 2 (Resolution o . 0
C . Receive petition for street and utility improvements for
Riverview Road between Concord Drive and Mooer Lane and
Riverview Drive/East Riverview Drive adjacent to Bluffs
West 5th Addition, I .0 . 32-101 (Resolution No.86-111
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D . Proposed change to retention pond at the southwest quadrant
of Homeward Hills Road and Chesholm Lane
E . Final Plat approval for Apple Groves 2nd Addition (North o_f
Chica o Milwaukee St. Paul & Pacific Railroad; south of
Valley View Road ) Resolution No . -112
F. Receive l OQg _petition for street and utility improvements
for Hidden Glen rd Addition and authorize re ration of
laps and s ecsfications I .C . 2- 02 Resolution No . 86-
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G. Final Plat approval for Ho -Roberts 2nd Addition West end
of Technology Drive Resolution No. -1 5
H. Final Plat approval for D . Holand Addition Southwest corner
of Creekrid e Drive & Bennett Place Resolution No . -10
I . Change Order No . 1 , Technology Drive , I.0 C . 52-101D
J . HOLAND ADDITION, by David and Sharon Holand . 2nd Reading
of Ordinance 20-86, Zoning District Change from Rural to
R1-13 .5 ; Approval of Developer' s Agreement for Holand Addi-
tion; and Adoption of Resolution #86-97, Authorizing Summary
of Ordinance #20-86 and Ordering Publication of Said Summary.
Five single family residential lots. Location: Southwest
corner of Creekridge Drive and Bennett Place . (Ordinance
#20-86 , Rezoning; Resolution #86-97, Authorizing Summary and
Publication)
K . HOYT ROBERTS ADDITION PHASE III , by Hoyt Construction . 2nd
Reading of Ordinance 22-8 , Zoning District Change from
Rural to I-2 Park; Approval of Developer' s Agreement for
Hoyt-Roberts Addition Phase II ; and Adoption of Resolution
#86-121 , Authorizing Summary of Ordinance #22-86 , and Order-
ing Publication of Said Summary. Location: West of Mitchell
Road on Technology Drive . (Ordinance #22-86 , Rezoning;
Resolution #86-121 , Authorizing Summary)
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L. Clerk's License List
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M . Resolution No . 86-120� authorizing the submission and alp rov-
al of proposed Community Development Block Grant activities
for the City of Eden Prairie to Henne-pin -County as art of
the Year XII Urban Hennepin County CDBG Program
N. Approve Plans and S ecific.ations and authorize bids to bo
receive or aker Road Sanita ewer and Watermain north
o envale ou eva , -094 (Resolution No . '
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0 . Approve Plans and SDecifications and authorize bids to be
received for Valley View Road between Mitchell Road and
CSAH I.C . -2 2 (Resolution No. - 2
MOTION: Redpath moved, seconded by Anderson, to approve
items A-0 on the Consent Calendar. Motion carried unani-
mously.
IV . PUBLIC HEARINGS
A. WESTOVER WOODS by Tandem Corporation. Request for Planned
Unit Development Concept Amendment Review on 98.9 acres,
Planned Unit Development District Review on 15 acres with
Zoning District Change from Rural to R1-9.5 on 11 .9 acres
with variances and Shoreland Management variances to be re-
viewed by the Board of Appeals, Comprehensive Guide Plan
Change from Low Density Residential and Open Space to Medium
Density Residential on 15 acres and Preliminary Plat of 15
acres into 42 single family lots, 2 outlots, and road right-
of-way . Location: South of Anderson TAkes Parkway and new
Cumberland Roads intersection. (Resolution #86-122, PUD a
Concept Amendment = Ordinance #PUD-4-86-28-86, PUD District
Review and Zoning District Change; Resolution #86-123 ,
Comprehensive Guide Plan Amendment; Resolution #86-124,
.- Preliminary Plat )
City Manager Jullie stated notice of this Public Hearing had
been published and property owners within the project
vicinity had been notified .
Jim Ostenson and Dennis Marhula, representing proponent,
addressed the proposal .
Planning Director Enger said this request was first reviewed
at the April 28th meeting of the Planning Commission at
which time it was continued to the May 12th meeting to allow
time for the developer to revise the proposal to comply
with the Shoreland Management Ordinance, to improve the
visual impact of the lots along Purgatory Creek and to mini-
mize tree loss . He said that , at the May 12th meeting,
the Planning Commission recommended approval of the project
on a 7-0 vote , subject to the recommendations of the Staff
Report dated May 9th and revised plans dated May 8th.
Director of Community Services Lambert said that the Parks,
Recreation & Natural Resources Commission reviewed this pro-
posal at their May 19th meeting and recommended approval per
the recommendations of the Planning Staff .
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City Council Minutes -4- June 3, 1986
Bentley asked Enger to clarify whether proponent was re-
questing a 13 .5 zoning on the strip of lots nearest the
creek since this was not mentioned in the Agenda or the
Memorandum. Enger replied that this was an oversight, that
the original request was for 9 .5 zoning but that it was
changed to 13 .5 for the strip of lots along the creek on
recommendation of the Planning Staff. He noted that this
item was published correctly with the notices and publica-
tions stating the request for 13 .5 zoning.
Anderson asked Lambert what the plans are for developing a
trail along the creek corridor in that area. Lambert re-
plied that the trail along the creek is on a different par-
cel of land that is owned by Tipton Corp. , and that an
appraisal of the strip had been put on hold because the
School District is in the process of acquiring the entire
site for a middle school and they have agreed to allow a
trail to be built . A discussion of the topography in the
area and the access available to trails along the creek
valley followed . '
Anderson noted that he thought we make it difficult for
people to use public lands when access is limited and resi-
dents must walk a long distance to get into an area . Lam-
bert responded that there is a trail along Anderson Lakes
Parkway as well as one that comes down onto the creek corri-
dor, and that Cumberland Road, the main street through
Westover, has concrete sidewalks on both sides .
Enger noted that the current plan is not as shown in the
drawings distributed to Council and that the current plan
reflects the change to allow a 150 foot set-back. Marhula
pointed out the location of the trail and sidewalk system
on -the current drawings of the project .
Anderson expressed his concern that there is no access to
the creek corridor or Staring Lake from the Centex develop-
ment to the south . Redpath noted that a sewer easement
exists in that area and might be developed as a trail access .
Pidcock said that she believed trail access must be planned °
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during the development stage rather than after the houses
are built . Peterson noted that he believed it is a question
of advisability as well as feasibility in this case where
access from this project would require a stairway down to
the creek valley .
Anderson reiterated his concern that it is essential to
provide accessibility to parks and the trail system and
City Council Minutes -5- June 3, 1986
that plans for parks and schools must make it easy for
people to get to them. A discussion of the issue of
accessibility followed .
Todd Walker, 8926 Pine Bluff Court, expressed his concern
that the land along the creek and Staring Lake cannot be
accessed from within Westover. He urged the Council to
pay further attention to the trail access issue .
Pat Lambert, 8616 Saratoga, also commented on the lack of
accessibility from the Centex development .
Bentley noted that if this proposal receives first reading
this evening that, as part of second reading, a plan be
worked out between Staff and developers to find an access
point to the creek trail from this development if at all
possible .
Pidcock asked what the elevation of thee project is . Osten-
son responded that it is 50 feet above the creek
Anderson stated that he believed we have been caught in a
bind as far as access for the Centex residents is concerned .
He said that if it is possible to develop the existing road
or sewer easement in the area of the Centex development,
then we should do it .
Bentley noted that the issue appears to be whether we are
to put a trail down through the easement, which is not
technically part of this project , or to put it down the
slope to the creek from some point in the project . He
also noted that he was not in favor of putting the trail
down the slope to the creek .
Pidcock asked about the size of the set-backs on the lots .
Enger described the set-backs .
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MOTIONS Bentley moved , seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No. 86-122 for PUD
Concept Amendment . Motion carried unanimously.
MOTIONS Bentley moved, seconded by Redpath, to adopt First
Reading of Ordinance #PUD-4-86-28-86 for PUD District
Review and Zoning District Change from Rural to RI-9 .5 and
R1-13 .5 . Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt
Resolution No . 86-123. approving the Comprehensive Guide
Plan Amendment . Motion carried unanimously .
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MOTION: Bentley moved, seconded by Anderson, to adopt {'
Resolution No . 86-124, approving the Preliminary Plat of
Westover Woods for Tandem Corporation. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct
Staff to prepare a Developer's Agreement incorporating
recommendations of the Planning Commission and Staff.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct
Staff to pursue the feasibility of developing a trail down
the sewer easement per the previous discussion and to
report back within one month . Motion carried unanimously.
B . ANDERSON LAKES CENTER by Anderson Lakes Center Partnership.
Request for Zoning District Change from Rural to Neighborhood
Commercial on 4.3 acres with variances to be reviewed by
the Board of Appeals and Preliminary Plat of is acres into
3 lots and 2 outlots for construction of a commercial cen-
ter. Location: Northwest corner of Highway #169 and
Anderson Lakes Parkway. (Ordinance #30-86, Rezoning from
Rural to Neighborhood Commercial; Resolution #86-125,
Preliminary Plat)
City Manager Jullie stated that notice of this Public
Hearing had been published and property owners within the
project vicinity had been notified .
Don Brauer, speaking for proponents addressed the proposal .
Planning Director Enger said that this project was reviewed
at the April 28th and May 12th meetings of the Planning
Commission. He referred to the Staff Reports dated April 25
and May 9, 1986 and said that, at the April 28th meeting,
the Commission continued the item to allow time to resolve
the issues of orientation of the fast-food restaurant to the
site , greenspace interior to the project and landscape f
screening. He said that the Planning Commission then voted
to recommend approval on a 7-0 vote at its May 12th meeting
per the revised plans and recommendations of Staff.
Director of Community Services Lambert said that this item
was reviewed at the Parks, Recreation & Natural Resources
Commission at its May 19th meeting, at which time they recom-
mended approval per recommendations of the Planning Commission
and Staff .
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Pidcock asked if the project still included a gas station.
( Brauer said there was no service station in the project .
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There were no comments from the audience .
MOTION: Bentley moved, seconded by Pidcock, to close the
Public Hearing and adopt 1st Reading of Ordinance No. 30-86
for rezoning from Rural to Neighborhood Commercial. Motion
carried unanimously.
MOTION: Bentley moved , seconded by Redpath, to adopt
Resolution No . 86-125 approving the Preliminary Plat of
Anderson Lakes Center for Anderson Lakes Center Partnership.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff
to prepare a Developers Agreement incorporating the recom-
mendations of the Flanning Commission and Staff. Motion
carried unanimously .
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Brauer then asked the Council for issuance of a grading pei=-
mit prior to the 2nd Reading. Enger noted it could be as
long as six weeks for 2nd Reading to be scheduled . A dis-
cussion followed as to how much grading was involved .
MOTION: Redpath moved, seconded by Bentley, to approve the
request from Anderson Lakes Center for preliminary grading
with the understanding that they proceed at their own risk
should the 2nd Reading not be approved . Motion carried unani-
mously .
C . WILLIAMS MINI-STORAGE by Finn Daniels , Inc . Request for
Comprehensive Guide Plan Amendment from Low Density Resi-
dential to Industrial on 3 .4 acres , Zoning District Change
from Rural to I-2 Park on 4 .1 acres, and Preliminary Plat
of 45 .28 acres into one lot and one outlot . Location: East
of Highway #1691, South of Darnell Road .
Mayor Peterson noted that a letter had been received from
the proponents requesting withdrawal of the application for
rezoning and Comprehensive Guide Plan Amendment .
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MOTION: Pidccck moved, seconded by Anderson, to acknowledge
withdrawal of the request by Williams Mini-Storage . Motion
carried unanimously .
D . VACATION OF UTILITY EASEMENTS ON LOT 10 BLOCK 1 CITY WEST
Resolution No .
City Manager Jullie stated that notice of this Public Hearing
had been published and posted .
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City Council Minutes -8- June 3. 1986
There were no comments from the audience .
MOTION: Redpath moved , seconded by Pidcock, to close the
Public Hearing and adopt Resolution No . 86-116 for Vacation
of Utility Easements on Lot 10, Block I , City West . Motion
carried unanimously.
E . VACATION OF A PORTION OF TECHNOLOGY DRIVE ADJACENT TO HOYT-
ROBERTS 2ND ADDITION Resolution No . -117
City Manager Jullie stated that notice of this Public Hear-
ing had been published and posted .
There were no comments from the audience .
MOTION: Redpath moved, seconded by Pidcock, to close the
Public Hearing and adopt Resolution No . 86-117 for Vacation
of Right-of-Way and Drainage and Utility Easements in Hoyt-
Roberts Addition. Motion carried unanimously.
F . FEASIBILITY REPORT FOR SANITARY SEWER AND WATERlr►.AIN IMPROVE-
MENTS IN BAKER ROAD NORTH OF EDENVALE BOULEVARD I.C. 52-094
Resolution No . 13
City Manager Jullie stated notice of this Public Hearing had
been published and posted .
There were no comments from the audience .
MOTION: Redpath moved, seconded by Bentley, to close the
Public Hearing and adopt Resolution No . 86-113 ordering im-
provements and preparation of plans and specifications for
Baker Road Sanitary Sewer and Watermain (north of Edenvale
Boulevard ) , I .C . 52-094. Motion carried unanimously.
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V . PAYMENT OF CLAIMS NOS . 27397 27700
MOTION: Redpath moved , seconded by Bentley, to approve the
Payment of Claims Nos . 27397 - 27700 . Roll call vote : Anderson,
Bentley, Fide ock, Redpath and Peterson voted "aye" . Motion
carried unanimously.
V I . PETITIONS, REQUESTS & COMMUNICATIONS
A . EMMA COVE ADDITION by Robert R. Gersbach . Request for Pre-
liminary Plat of 5 .7 acres into eight single lots and one
outlot . Location: South of Baywood Zane . West of County
Road #4, north and east of Duck Lake . (Resolution #86-126,
Preliminary Plat)
City Council Minutes -9- June 3 , 1986
Planning Director Enger briefly reviewed the proposal,
noted that the Planning Commission had reviewed this item
at its May 12. 1986 meeting, and stated that owners of the
surrounding properties had been notified prior to the meet-
ing of the Planning Commission. He said that, at the May
12th meeting, the Commission recommended approval of the
request for Preliminary Plat on a 7-0 vote, per the recom-
mendations of the Staff Report of May 9th .
MOTION: Redpath moved, seconded by Anderson, to adopt
Resolution No . 86-126, approving the Preliminary Plat of
Emma Cove Addition for Robert R. Gersbach . Motion carried
unanimously .
MOTION: Redpath moved, seconded by Anderson, to direct
Staff to prepare a Developer' s Agreement incorporating
recommendations of the Planning Commission and Staff.
B . WESTWOOD INDUSTRIAL PARK by Hoyt Development, Inc . Request }
Tor Preliminary Plat of 4.58 acres into two lots with vari-
ances to be reviewed by the Board of Appeals. Location:
West of Bury Drive, east of Carlson Drive . (Resolution #96-
12 7, Pre l im i nary Plat )
,,. Planning Director Enger noted that the project is already
properly zoned and that the Planning Commission recommended
approval of the project at its May 27 , 1986 meeting, with
the stipulation that the granting of a variance for the
project be contingent upon relocating 80000 square feet of
greenspace required by ordinance to another location on the
site and other recommendations in the Staff Report of May
23, 1986 . He said that the proponent had been contesting
the stipulation regarding the gree nspace requirement but
that, at a meeting this afternoon, proponent presented re-
vised plans that met the approval of Staff.
MOTION: Bentley moved, seconded by Redpath, to adopt
Resolution No . 86-127 approving the Preliminary Plat of
Westwood Industrial Park for Hoyt Development , Inc . Motion
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carried unanimously.
MOTION: Bentley moved , seconded by Pidcock, to direct Staff
to prepare an amendment to the Developer ' s Agreement incor-
porating the recommendations of the Staff. Motion carried
unanimously.
VII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
City Council Minutes -10- June 3 , 1986
V I I I. APPOINTMENTS
There were none .
IX . REPORTS OF OFFICERS, BOARDS & COMMISSIONS r
A . Reports of Council Members
There were no reports .
B . Report of City Manager
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1 . Status of MUSA Line Amendment
Planning Director Enger referred to his memo of May 29th
to the Council explaining the background of this item
and his request for authorization to submit a letter
to the Metropolitan Council staff withdrawing the 169-
acre amendment request . He noted that correspondence
frorn Sandra Gardebring. Chair of the Met Council, in- a
dicated their position that the request is in violation
of the spirit of the Lake Ann Interceptor agreement.
MOTION: Bentley moved , seconded by Pidcock, to author-
ize Planning Director Enger to submit the letter to the
Metropolitan Council requesting withdrawal of the MUSA
Line Amendment request . Motion carried unanimously.
2 . Consideration of Ordinance 31-86 - Changes in Sprinkling
Ban Ordinance
City Manager Jullie noted the change to the odd or even
numbered address system for the regulation of sprinkling
rather than the old method of north or south of Hwy #$ .
MOTION: Bentley moved , seconded by Redpath, to adopt
1st Reading of Ordinance No . 31-86 amending City Code ;
Section 3.30, Subd . 6, Para . B . , and adopting by refer-
ence City Code Chapter 1 and Section 3.99, which, among
other things, contain penalty provisions . Motion car-
vied unanimously.
Peterson asked if there was any noticeable effect of the
ordinance application on Saturday. Dietz said there was
not but that the temperature drop helped to ease the
situation . Peterson then asked if the ban was still in
effect . Dietz replied that it would remain in effect
all summer.
Bentley expressed his concern that some members of the
Fire Department were not aware of a potential water
problem on Saturday.
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City Council Minutes -11- June 3, 1986
3 . Part-time clerical help for Fire Division
City Manager Jullie noted that . due to a substantial
increase in the paperwork since the referendum, there
is a need for more clerical help. He asked the Council
to authorize the hiring of a part-time fire clerk for
about 2$_ hours per week to help with the increased paper-
work and to assist the Fire Marshall .
Bentley asked if this position would be part of the ad-
ministrative aspect of the bond issue or part of the
general fund . Jullie replied that the position will be
part of the staffing request for the 1987 budget and
thus would be part of the general fund .
Peterson asked if the person hired could work out of ;
Public Safety so that some work could also be done for
that department . Jullie said it could be looked into .
Bentley said he felt the position sqnould be a temporary
one to get through the extra paperwork created by the
referendum and that it should be paid for out of the ad-
ministrative end of the bond issue. He said that if
someone is then necessary on a permanent basis he thought
we would then need more justification and that it should
come through the regular budgetary process .
MOTION: Bentley moved, seconded by Redpath, to author-
ize the request for part-time clerical help for the Fire
Division on a temporary basis during the bond issue and
construction phase with the funding to be from the admin-
istrative portion of the bond issue , and with the stipu-
lation that the position be sunsetted with the completion
of the building phase ; further, that if additional staff
is required after that timeg the request would have to
come through the regular budgetary process . Motion car-
ried unanimously.
C . Report of City-Attorney
City Attorney Pauly stated that the lawsuit against Woodlake
has been continued until the latter part of August, despite
our opposition to the continuance .
He also reported on the request for a variance from the E .I.S .
requirements that has been made by Woodlake to the E .Q.B .
and the question of the E .I .S . relative to the transfer sta-
tion. He reviewed the meetings scheduled in June to consider
the two issues and said that we will appear before the appro-
priate committees and the Metropolitan Council .
City Council Minutes -12- June 3. 1986
City Manager Jullie commented on todayes action of the
County Board in approving the resolution reviewing the in-
terim expansion of the landfill . He said that their action
was not approving the expansion, but that it was okay for
the P.C .A . to issue that permit .
D . Report of Director of Community Services
1 . Metropolitan Council Agreement
Director of Community Services Lambert reviewed his memo
of May 28. 1986 , regarding the Metropolitan Council
Audit on Bryant Lake and Anderson hakes Contracts and
the proposed agreement resolving the issue . He said
he believed that the agreement negotiated by the City
and the Met Council to resolve the park grant differ-
ences is a very good deal for Eden Prairie .
MOTION: Bentley moved , seconded by.Anderson, to approve
the Agreement Resolving Park Grant. Audit Differences
between The Metropolitan Council and the City of Eden
Prairie . Motion carried unanimously.
2 . Senior Transportation Program
Director of Community Services Lambert said that, be-
cause of the increased awareness of our liability situa-
tion in different areas, the City should take the steps
necessary to receive the certificate of compliance re-
quired of all providers of special transportation serv-
ices . He referred to the memo of May 29, 1986 from
Sandra Werts reviewing the process necessary for receiv-
ing the certificate of compliance . He said they are
proposing that all drivers of the senior van be certi-
fied as of August 6th as outlined in the memo .
MOTION: Anderson moved , seconded by Bentley, to approve {
the actions recommended by Staff in order to receive a
certificate of compliance , including the requirement
that drivers of the van complete the Passenger Assistance
and First Aid class, the cost for which will be paid by
the City. Motion carried unanimously.
Anderson asked if all drivers of the van would be re-
quired to have a Class B license . Lambert said no,
because the Class B license is required if the van holds
more than nine passengers and ours holds only nine .
Redpath asked if PROP could handle the problem. Peterson
(, noted that the van is a City-owned vehicle . A discussion
of liability and insurance coverage while driving private
vehicles to transport seniors followed.
City Council Minutes -13- June 3, 1986
Pidcock asked if the van is considered the Community Services
van or the senior van. Lambert replied that it is actually
the City van. Pidcock then asked who uses the van when the
seniors are not using it . Lambert responded that the van
is not used most of the remainder of the time; but that he
is in the process of discussing with Gerry Beckman its
possible use by PROP.
Pidcock noted that she would like information and cost
figures back regarding use of the van more often than three
days a week. Peterson suggested that Lambert notify Pidcock
of further discussion with Gerry Beckman or of other possible
uses of the van.
X . NEW BUSINESS
There was none .
X I . ADJOURNMENT
MOTION: Bentley moved, seconded by Anderson, to adjourn the
meeting at 9: 30 PM. Motion carried unanimously .
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