City Council - 08/09/1988 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 9, 1988 7 : 30 PM CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and
Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to .the City Manager Craig Dawson, City
Attorney- -Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation and Natural
Resources Robert Lambert, Director of
Public works Eugene A. Dietz, and
Recording Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Peterson absent.
I . APPRQMbL O gGERDA ANQ OTHER ITEMS OF BUSINESS
1
Pidcock moved, seconded by Harris to approve the Agenda as p
published.
ADD Item X.A. 1, Comment by Pidcock .
Motion carried unanimously.
i
II . MINUTES '
A. s
124 1988
c
MOTION:
Anderson moved, seconded by
Harris to approve the Minutes
of the City Council meeting held May 170 1988 as submitted
and amended .
The following corrections were made: Page i, paragraph i,
should read : Lou McCoy. Page 18, Paragraph 7, should
read : asked if the City. . . Page 20, Item E. Paragraph 4,
should read : Peterson asked Enger if this . . . . Page 27,
Item 10 .E. 1 - should read: Motion carried unanimously.
1
City Council Minutes 2 August 9, 1988
III . CONSENT CALENDAR
A. Clerk 's LiggInse List
B . 2nd Reading of Ordinance No. 30-88, m-endi0g City Code
Cha to ealing -Sectign 2 . 88 Rsguijingn
!gf Financial at
with City Elections
C. final Plat Anarovaalfor Wyndham No. tlocated sQuj;h, of west
62nd Strut. and east of Del Roa!d2 Resolution No. 86-155
D. AVDrQv
E. ins at ov!21 for- A121ne Elta&es
Clocated east of County- Rd . # 1. Mallth of the Chicago.
Milwaukee,
of Sectton 5 (Resolution No. 86-156)
F. ADDrQMC r.202OZative Agreement y1th Riley-eurgatory
Eden Prairie
7
G. lReggivt
t
Extgn.si on on Pioneer Tra_i-1 t CSAH No. 1 ) fro® Mi tcbe 11 Road
west: to Staring Lake 2nd, iddition. I .C. 52-149 (Resolution
No . 88-160 )
H. Qhange -
72B
s
I .
Knoll Subdivision
z
J• 51-272 p
j
K . -
133 (Resolution No. 88-1.63 )
L.
E ;Xfi€jd AdoLtion, I .C. 52-14Z (Resolution No. 88-164
M. APPROVING CDBG YEAR XIV AXEENRLJURE--Authorizing Execution
of Agreement with South Hennepin Human Services Council
and Authorizing Assignment of Administrative
Responsibilities to Hennepin County-- H .O.M.E. Program
(Resolution #88-154 )
City Council Minutes 3 August 9, 1988
N. PRAIRIE COURTS RETAIL CENTER--Request for Extension of
Developer 's Agreement to August 5, 1989 .
MOTION:
Harris moved, seconded by Pidcock to approve Items A - N
on the Consent Calendar . Motion carried unanimously.
IV. RQBL I C HEAR I NG,S
A. MINNESQTA MINI-STORAQE by Bruce Hubbard . Request for
Comprehensive Guide Plan Amendment from Office to
Industrial on 7 . 7 acres, Zoning District Change from Rural
to I-2 from 2 . 35 acres, and Preliminary Plat of 7.7 acres
into one lot for construction of 44, 255 square feet of
storage buildings . Location: Northwest of Flying Cloud f
Drive, southeast of U. S . Highway 8 169. (Resolution #88-
149, Comprehensive Guide Plan Amendment : Ordinance 831-88,
Rezoning; Resolution #88-150, Preliminary Plat) s
City Manager Jullie reported that Notice of this Public
Hearing was sent to the owners of 16 surrounding
properties and published in the July 27, 1988 issue of the
Eden Prairie News .
Bruce Hubbard presented the project. Hubbard stated that
he was requesting to expand the Mini-storage to the
adjacent property, provide a new entrance, create a new
office space and an additional apartment unit . Hubbard
said that the plan had been revised to show additional
landscaping as recommended by the Planning Commission.
Hubbard commented that some heated units would be
available .
Enger reported that the planning Commission reviewed this
item at the July 25, 1988 meeting and recommended approval
of a Comprehensive Guide Change from "Office to Industrial,
a rezoning from Rural to I-2 Park and replatting of the
property into one parcel on a 5-0 vote subject to plans
dated June 24, 1988 and Staff report recommendations dated
July 8, 1988 .
Pidcock asked hov the units would be heated. Hubbard
replied that the new building would be heated to
approximately 50 degrees and described how this would be
accomplished. g
Bentley asked why two separate apartment units were
i
proposed . Hubbard replied that one unit was to replace
the existing manager 's apartment and that because of an
Increase in the number of projects in the Twin Cities and
the size of this project, an assistant manager was deemed
necessary and the second unit would house this assistant
manager .
City Council Minutes 4 August 9, 1988
Anderson asked if the berm needed to be watered how this
would be accomplished? Hubbard replied that currently
they had a well and that a sprinkler system could be
attached . Anderson said that currently water could not be
placed on the berm along the highway. Hubbard said he
would have to use hoses along the berm to keep the
plantings alive.
No further comments from the audience .
MOTION•
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. 88-149 for Comprehensive
Guide Plan Amendment. Motion carried unanimously.
MOTION:
Harris moved, seconded by Pidcock to approve 1st Reading
of Ordinance No. 33-88 for Rezoning. Motion carried
unanimously.
MQT I ON :
Harris moved, seconded by Pidcock to adopt Resolution No .
88-150 approving the Preliminary Plat and direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations . Motion carried unanimously.
B. EDEN CREEK by JMS Equities, Inc. Request for
x
Comprehensive Guide Plan Change from Public Open Space to
Low Density Residential on 1 . 9 acres, Zoning District
Change from Rural to R1-13 .5 on 6 . 6 acres, Preliminary
Plat of 6 . 6 acres into 10 single family lots, one outlot,
and road right-of-vay. Location: Southeast of County
Road 84, across from Mere Drive . (Resolution 888-151,
Comprehensive Guide Plan Amendment; Ordinance 832-88,
Rezoning; Resolution 888-152, Preliminary Plat)
Jullie reported that notice of this Public Hearing vas
sent to 55 surrounding property owners and published in
the July 25, 1988 issue of the Eden Prairie News .
Jeff Schoenwetter, representing the developer, presented
the project . He said that the project was an in-fill
project consisting of 8 lots which helps to combine the
two adjacent home sites .
Enger reported that the Planning Commission reviewed this
Item at the July 11, 1988 meeting and recommended approval
on a 5-0 vote for the request of Rezoning and Replatting,
subject to the Staff Report of July 8, 1986 and subject to
C14y Council Minutes 5 August 9, 1988
further progress reports regarding the following concerns
of residents : 1 ) Transition. 2 ) Drainage . 3 )
Potential fertilizer pollution from the yards . 4 ) Park
issues . 5 ) Road Alignment.
Enger reported that a tree replacement plan had been
submitted due to a 26% tree loss and a revised plan had
been provided to reflect the reconstruction of the
existing by-pass lane on County Road 4 . Enger said there
were currently septic systems and wells on the property
and suggested the capping of these systems per City Code .
Enger stated that the sheds on lot 10 would be relocated
to meet City Code . Enger reported that the developer had
agreed to these items .
Enger addressed the concerns of the Planning Commission,
the intersection onto County Road 4 would be an offset
intersection by 150 feet . Hennepin County would prefer
that proposed Nancy Drive and Mere Drive align directly
across from each other . Enger said that having the road
align would provide a full intersection with County Road 4
and eliminate the need for two T intersections; however,
the sight distance would not be as good as with the
northern access, there wound be additional tree loss, and
some grade problems . Enger reported that the developer
was prepared to provide the road at either alignment.
Regarding the drainage issue Enger said the drainage would
be collected into two catch basins and would outlet to the
k
Purgatory Creek floodplain.
Enger reported that there was concern about lawn area into
the floodplain on lots 6 and 7 . He said the amount of
these lost in the floodplain area was kept to a minimum
and was covered by a drainage and utility easement . Enger
further commented that the City does not have park plans
for this area and that no trail access was proposed for
this area.
Enger said that residents were concerned about tree
replacement because other subdivisions in the area had not
replaced the trees . Enger said that the tree replacement
policy was relatively new and did not believe the other .
subdivisions in the area were under the new policy.
Lambert reported that the Parks, Recreation 6 Natural
Resources Commission reviewed this item at the August 1,
1988 meeting and recommended approval with a 6-0 vote.
Lambert said that concerns were raised regarding the need
for a neighborhood park . He said that the area wan within
the service area of Eden Valley Park and Birch Island
Park; howevek, neither of the parks were easily accessible r
because of County Road 4 . Lambert said that the
Commission noted that a neighborhood park was not planned
City Council Minutes 6 .'august 9, 1988
within this area and suggested that in the ultimate design
of County Road 4 that a 5 ' concrete sidewalk or an 8 '
bituminous trail be constructed from Birch. Island Park
south all the way to Highway 5. He said it was the
Commission' s belief that the City should provide safe
access to the existing parks in lieu of building another
park .
Bentley asked Lambert what the City was going to do with
this small section of property in the floodplain and if
there was maintenance required . Lambert replied that the
City had a policy to acquire floodplain on all creeks so
that the City had control of the floodplain for flood
control and conservation purposes . Bentley questioned It
the City would be able to get access to the property if
needed because the City did not own any adjacent property.
Lambert replied that the City could access through a
utilities easement if necessary, but for park purposes
there would not be an access . Bentley asked where the
utility easement was currently. Dietz replied there was a
20 ' easement proposed at the end of the cul-de-sac.
a
Pidcock asked if resolution had been made regarding the
frontage of the proposed lots and are the first three lots
already existing along County Road 43 Enger replied that
a resolution had not been made regarding the widths of
these lots and the adJacent lots to the north . Enger said
that because of the heavy vegetation along the north
property lines there was adequate transition between the
R-13 . 5 and the R . 22.
Anderson asked if there would be a passing lane for south
bound traffic on County Road 4 to allow for left turns
onto Nancy Drive . Dietz replied there would be a by-pass
lane . Anderson questioned how long that lane would be .
Dietz replied that it would be 300 ' north of the
Intersection and 50' south of the intersection. Anderson
then questioned if there would be a aright turn lane on
Mere Drive . Dietz believed there was a right- turn lane
currently at Mere Drive . Anderson commented that the
traffic shouldn• t be bottled up in this section of road
and was concerned about adding more intersections into an
area with a 40-45 MPH speed limit . Bentley said that this
would be a strong argument for favoring one intersection
rather than the two T-intersections.
Pidcock asked Dietz if the streets aligned, would it not
be preferred to have them be named the same . Dietz
replied yes, that if the streets would align it would be
an easterly extension of Mere Drive.
Mary Olson, 6615 Eden Prairie Road, stated opposition to
the intersection aligning with Mere Drive and believed it
more advantageous to have the intersections staggered .
City Council Minutes 7 August 9, 1988
she was concerned about not being able to see the children
at the bus stop. Olson believed the plan as proposed
would be adequate . She was also concerned about the
drainage run off and environmental protection and hoped to
encourage new residents to keep the area natural .
Doug McChane, 6625 Rainbow Drive, stated concern about the
overuse of County Road 4 and having the school bus stop on
County Road 4. McChane asked if the drainage from the
back of the cul-de-sac would also be going into a
sedimentation basin with adequate right-of-way allow room
as he was concerned about fertilizers draining into the
floodplain. Dietz replied that the sedimentation trap
would be a sand sump which was required of all storm
sewers before entering a creek area. Dietz said that at
the south end of the cul-de-sac there would be a deepened
area in the catch basin to catch sand and silt, but it
would not do much to help with the fertilizer or oil .
Ray Stodola, 6625 Eden Prairie Road was concerned about
the dangerous situation that would be created if Nancy
Drive and Mere Drive would align. He was concerned
because of the curve to the south and the speed of the
s
traffic.
Gail Beno, 6618 Rainbow Drive stated that her property was
zoned R1 . 22 and the lots that would back up to her
property would be R1-13. 5 and would like to request that a
transitional area be provided and that the 4 lots also be
R1. 22. She expressed concern about aesthetics of R1-13 . 5
development and openness of backyards . Bentley said that
he believed that transition would be met because even
though the lots were zoned R1-13 . 5 all of the square
footage of the lots could fit into an R1 . 22 zone with
variances . Bentley explained that the reason the Beno lot
and the others were zoned R1 . 22 was because sewer was not
x
available at the time of their development . Bentley said
that the plan showed the homes to be placed as close to
the front of the lots as City ordinances would allow.
Beno asked if this meant that they would be built as
shown. Enger replied that this placement could be made a
condition of the project.
Bentley commented that the School District controls where
the school buses stop and that this item was not under the
Council 's control . Anderson questioned if a school bus
could turn around in a cul-de-sac without backing up_.
Harris commented that the trees and shrubs would remain in
place to help with the transition.
Mike Rueter, 6602 Rainbow Drive, stated the concern about
the amount of traffic on County Rudd 4 . He favored a
straight-across alignment, but said it would be dangerous
F
z
}
City Council Minutes 8 August 9, 1988
with either alignment . Rueter was concerned about the
amount of fill being brought in and how this would effect
the water run off .
Mary Olson commented that she had talked with the School
District 's Transportation Department and a school bus
could not come into the cul-de-sac .
Dick Olson, 6615 Eden Prairie Road, stated the concern
about the sight- line distance because of the large hill
and believed this to be a dangerous traffic area .
George Grantier, 6626 Rainbow Drive, stated the concern
about traffic on County Road 4 and sight distances of the
proposed intersections . Grantier believed more traffic
control, traffic signals, and street lights were needed .
He commented that there were few major streets in Eden
Prairie running north to south. Grantier asked where the
1.9 acre open space was located and commented that part of
his property was in the floodplain . w
Grantier commented that from the information presented
tonight that nothing could be done to help with the
fertilizer and oil run off into the: floodplain, but
stressed the need for the City to deal with this problem.
Bentley agreed with Grantier; however, this was a large
scale problem that was not specific to this development
and commented that this project could not be held back
because of this factor .
Schoenwetter stated that his firm had spent a great deal
of time with Staff to come up with the best use for this
site. He said that the currently proposed road alignment
offered the greatest sight distances . Schoenwetter said
that he had talked with the olsons regarding the school
bus issue and believed that with the proposed road
alignment and Night distances of 1,000 to 1, 200 feet, the
safety issue had been dealt with. He added that the
project had been decreased by 3 lots from the original
proposal and that 1. 2 acres had been dedicated to the
floodplain . Schoenwetter said that if the road were moved
to the south there would be grading problems, a sight
distance problem upon entering the development . He
further commented that Hennepin County had looked at the
road as proposed and had given approval .
Pidcock said that she empathized with the residents '
concerns, but the Council would have to go with what would
be best for the City in the lone term. Pidcock asked
Dietz if the best solution would be the alignment across
Mere Drive . Dietz replied that. Hennepin County would
prefer the Mere Drive alignment as the best long term
solution .
City Council Minutes 9 August 9, 1988
Harris said that because of the comments tonight and the
indefinite time frame for upgrading County Road 4, she
believed the City would be best served by the alignment as
proposed by the developer . Harris further commented that
she recognized however, that once in place this location
could create problems for the upgrading of County Road 4 .
Harris said she would like to have the opinion of Staff
based on sight lines that having Mere Drive align would be
acceptable or the preferred alternative .
Anderson questioned if the County had checked the sight
lines . Schoenwetter replied that its engineers and
surveyors had measured the sight lines and that the
distance was 1,000 feet in both direction. He said that
the County had not done a physical or visual check .
Bentley said that as now proposed, lot 10 would be the ^a
only lot affected if realignment of the road were done in a
the future . Bentley said that a consideration would be w'
that this lot could be subdivided and currently no home
was involved . Dietz said that there were good reasons for
either alignment. Dietz advised Council that if it were
considering realignment in the future it would need to
reserve the right-of-way now. Dietz said the decision
point should be made now. He added that technically both
alignments would work; however, in the long term the Mere
Drive location would be best. Dietz said that initially
the northern alignment would be safer and that the trade-
off would be the safety factor now for a better situation
in the future .
Pidcock asked Stodola if this would be a hardship for him.
Stodola said he did not know at this time.
MOT 1018
Harris moved, seconded by Pidcock to close the public
Hearing and adopt Resolution No. 88-151 for Comprehensive
Guide Plan Amendment. Motion carried unanissously.
MOTr4N:
Harris moved, seconded by Pidcock to approve 1st Reading
of Ordinance No. 32-88 for Rezoning. Motion carried
unanimously.
I
City Council Minutes 10 August 9 , 1988
MOTION .
Harris moved, seconded by Pidcock to adopt Resolution No.
88-152 approving Preliminary Plat 8 l showing proposed
Nancy Drive offset to the north of Mere Drive intersection
with Eden Prairie Road . Motion carried unanimously.
Bentley said that he did not like road not lining up, but
the sight distance would be better with the proposed
alignment . He commented that the scenario was not good
either way, but considered this alignment best at this
time .
Pidcock said that she also had problems with this issue,
but believed this best at this time .
Harris said that this was a decision that no one was
comfortable with, but that considering the length of time
that the State takes for road improvements she had to
consider the residents safety first.
Anderson said that he also would like to have the roads
line up, but that the issue was safety. Anderson
commented that he anticipated the possibility of the speed
slowing and more stop signs in this area as it grows .
Motion carried unanimously .
MOTION.
Harris moved, seconded by Pidcock to direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations and the following Council
Conditions : 1) Reserve the right-of-way for possible
southerly realignment of the road. 2 ) The buildable
portion be designated as the front 50% of the lot for lots
1 thru 4. 3 ) First-floor elevations be raised for lots 6
and 7. 4 ) New driveway connections be constructed for
lots and 10.
Motion carried unanimously.
C. PANNEKQEKNN HUIS OF EDEN PRAIRIE by Marco Construction.
Request for Comprehensive Guide Plan Amendment from Office
to Regional Commercial on 1 . 24 acres, Zoning District
Change from Office to C-Reg-Service on 1. 24 acres with
variances to be reviewed by the Board of Appeals for
construction of 79, 020 square feet of office and
restaurant use . Location: Northwest of the intersection
of Eden Road and Glen Lane . (Resolution 088-153,
Comprehensive Guide Plan Amendment; Ordinance 833-88,
Rezoning)
C
City Council Minutes 11 August 9, 1988
Jullie reported that notice of this Public Hearing was
sent to 15 surrounding property owners and published in
' the July 27, 1988 issue of the Eden Prairie News.
Norman Brody, representing the proponent introduced Paul
Strother, architect for the project.
Strother presented the project as a Pannekoeken Huis
restaurant for the upper level and a 2, 200 square foot
office area for the lower level . He said that two
walkways were being proposed along with a deck and gazebo
to take advantage of the lake . Strother said that a sight
study was done per the request of the neighbors and the
results were screening being provided by a 6 ' mason screen
wall, a trash enclosure with doors and an extensive buffer
on the west property line with evergreen trees and shrubs .
Brody stated that the staff recommendations had been
reviewed and concurred with those recommendations. Brody
pointed out that the finishing of the office area was
being withheld until the traffic issue was resolved and
was requesting that the deck and gazebo not be constructed
until the office are was finished .
Enger reported that the Planning Commission reviewed this
item at the July 11, 1988 meeting and recommended approval
for rezoning and platting on a 5-0 vote for the
! construction of a restaurant subject to the Staff Report
t, of July 8, 1988 .
Enger pointed out the three alternatives that this project
had to deal with traffic. He said the trip generation for
the restaurant would be higher than what the BRK Study
recommended for this area. Enger said that Pannekoeken
Huis had furnished traffic information for all of it 's
restaurants and this report shoved a lower trip generation
and a different peak hour than that of other commercial
uses in the major center area . Enger said that the
Planning Commission considered that this might not always
be a Pannekoeken Huis; however , in terms of traffic a a
decision needed to be based on what was known today.
Enger reported the alternatives were : 1) build as proposed
and acquire additional land 2 ) construct a smaller
restaurant 3 ) accept the trip generation information from
Pannekoeken Huis . Enger said the Planning Commission
recommended alternative 1 3.
Enger said that the developer had suggested that the
finishing of the lower level for office space be delayed
until the restaurant was in operation and the traffic data
updated . Enger said that the Planning Commission
concurred . He reported that a variance was required and
city council Minutes 12 August 9, 1988
Lhat the developer would be going before the Board of
Appeals next week .
Lambert reported that the Parks, Recreation & Natural
Resources Commission reviewed this item at the August 1,
1988 meeting and recommended approval on a 6-0 vote .
Lambert said that it was recommended that the access trail
run along the eastern end of the property in the form of
an 8 ' asphalt trail or a 5 ' concrete sidewalk according to
City standard regarding grade and constructed without
steps; however , steps may be required because of the
grade. Lambert said that there was discussion regarding
land area by the lake for restaurant use . Lambert said
that there were not provisions for this, the plan had
always been to request a trail be constructed around the
lake and had not anticipated any requirement for public
space for restaurant use; however Lambert did not rule out
the possibility of a wharf or deck on the lake at some
time in the future .
Harris asked Brody if the trip generation was such that it
was not feasible to use as office space, would it be used
for storage or was another use proposed. Brody replied
that the space would be used for storage or rented out for
storage .
Pidcock asked what height the trees would be when put in.
Strother replied that the trees would be 6 to 8 feet tall .
Pidcock asked why the developer wanted: to put off
construction of the gazebo. Brody replied that this was
designed as an amenity for the office .
Pidcock asked what would happen if the restaurant was not
successful, what other use for the property did the
developer foresee . Brody replied that it was definitely a
restaurant site, but that the building was designed so
that it could be used as completely office space .
Anderson asked if an outdoor watering system was proposed
along the street and property line . Brody replied that
the plant material would be irrigated by an inground
sprinkler system.
Bentley asked if the developer had a lease with the
Pannekoeken Huis . Brody replied that they had negotiated
a lease with Dutch Magic incorporated, which was a
Pannekoeken franchisee, which currently had three other
locations in Minnesota . Dutch Magic incorporated had
indicated that if a franchise with Pannekoeken Huis was
not possible that they did want to go forward with a
breakfast house at this location. Brody stated that at
this time they were operating under the assumption that it
would be Pannekoeken Huis. Bentley was concerned that
City Council Minutes 13 August 9, 1988
what was being proposed might not be what was going to be
built .
Pidcock stated expressed disappointment that this proposal
had been represented to be a Pannekoeken Huis and now the
Council was being told that this was not necessarily so .
Brody stated that they had gone through this process
before in other areas and had every reason to believe that
this would be a Pannekoeken Huis . Anderson asked Brody if
they had a signed lease before construction at the Long
Lake facility. Brody replied that at the time
construction began they had the lease, but that at the
time they went before the Council in Long Lake they did
not have a signed lease . Enger commented that it was a
common situation; the developer knows the exterior design
of the building and it would be some type of breakfast
house . Enger suggested that the developer be asked if the f
lease issue could be resolved between the 1st and 2nd
Reading. Brody replied that if this was a condition the
Council wished to require then he would try to satisfy it.
s
Bentley was concerned about the deck and gazebo being
constructed on the property when the City was already
compressing shoreline ordinances . Enger replied that the
intent was for this lake to be an urban lake and utilized
and would encourage the idea of an outdoor dining
facility. Bentley asked if it would be possible for the
Planning Commission to develop a development scenario for
the lake that would give the type of use expected for the
lake and the type of amenities you would like to see on
this lake . Enger replied that he would like to do this.
There were not further comments from the public.
MOTION:
Anderson moved, seconded by Harris to close the Public
Hearing and adopt Resolution No. 88-153 for Comprehensive
Guide Plan Amendment . Motion carried unanimously.
MOTION:
Anderson moved, seconded by Harris to approve lst Reading
of Ordinance No. 33-88 for Rezoning and direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations and the following Council
Conditions : l ) An outdoor sprinkling system be provided.
2 ) 2nd Reading would be contingent upon a signed lease
agreement with the Pannekoeken Hula . Motion carried
unanimously.
City Council Hinutes 14 August 9, 1988
D. HAMILTON ROPED IMPROVEMENTS`I .C. 52-131 (Resolution No.
88-158 )
Jullie reported that notice of the Public Heating was
published in the July 27 and August 3, 1988 issues of the
Eden Prairie News and all affected property owners had
been notified and sent copies of the feasibility study.
Dietz reported that at the current time this road did not
have curb, gutter or storm sewer . Dietz presented
pictures of the road to show the potholes and the
deterioration of the pavement . He said that the City had
been criticized about the level of maintenance on this
road, but maintenance had been difficult because of the
amount of water on the road and the upgrading of the road
had been anticipated . Dietz said that a part of the road
had been removed and was currently gravel . He said that
one of the owners had done some excavation work and
blocked off the drainage causing an icing condition in the
winter and standing water on the road much of the time.
Dietz presented the two alternatives that were studied.
Alternate 2 would be more expensive and would not provide
any better solutions for the problems and therefore
Alternate 1 was being suggested .
Dietz said that an assessment would be proposed on an area
}
basis because the "center island" property would nave a
high assessment if a front footage assessment was used,
and as this was a drainage project it was appropriate to
use an area benefit basis . Dietz pointed out that the
assessment for the project were significant; however, the S
businesses were sizable in area . He said the area to be
assessed was 22 acres with an assessment of $16, 000 per k
acre . Dietz said there were potential easements
necessary. He said that the project ..would be best for
early spring.
Dietz presented a letter from D. A. Johnson, property
owner in the area, stating objection to the project mainly
because of the high costs. Johnson believed that the City
was taking extreme measures to correct a drainage problem.
Dietz stated that in spite of the objection he believed
the project should proceed .
Gary Clipper stated that the puddle of water pictured in
the slides was there all the time . He said that the
problem appeared after Mr. Starkey brought in fill to
provide parking for employees . Clipper said that the road
was impassable most of the time . He did agree that the
road needed repair , but believed that the extent of the
repair and expense vas excessive . .
h
City Council Minutes 15 August 9, 1988
Jack. Ciauster stated that it looks like the water was
coming from a spring. He agreed that something should be
done with the road .
Bentley was concerned about the deterioration of the road .
He commented that the road was an investment for the City
and needed to be replaced . Bentley said that the road
also needed to be brought up to industrial standards,
which would mean widening the road and installing storm
sewer, curb and gutter . He said that if the road was
repaired without dealing with the drainage problem the
road would just deteriorate again, thus the project needed
to be done properly. Bentley said that from a public
safety prospect the cul-de-sac was necessary.
Clipper said he did not believe that there was a drainage
problem. He said the area was a light traffic area and
since he was paying for the improvements, he questioned
the need for a new road.
Bentley asked Dietz if the project was approved, over what
time period would this be paid . Dietz replied the current
policy was 20 years at the interest rate at the time of
the assessment hearing, which was now at 8%.
Clauster said that he appreciated the stretch of time;
however, he believed the taxes in Eden Prairie are
probably the highest in the State . He believed that the
flood of last year had caused a lot of the damage, as it
had in other areas throughout the city. Clauster
commented that this was a low traffic area and believed
the cost was too high .
Bentley pointed out that this was not an assessment
hearing. He said the hearing would be in the Fall of 1989
and payment would begin in 1990 .
s
Dietz stated that he would agree that standing water was
not a problem in a lot of the areas; however, there were
no ditches in the area or any place for the water to go.
Dietz believed that the road needed to be brought up to
industrial standards.
Harris was concerned about the safety of traffic and
pedestrians on this road, due to the large size of the
potholes .
x
Pidcock commented that she empathized with the business
owners, but believed the improvements were necessary.
There were no further comments from the public.
a
d
City Council Minutes 16 August 9, 1988
MQTJQN
Pidcock moved, seconded by Harris to close the Public
Hearing and adopt Resolution No . 158 Ordering Improvements
and Preparation of Plan and Specifications for I .C. 52-131
for Hamilton Road Improvements . Motion carried
unanimously.
E. YACA -06 R V R V
INDUSTRIAL PARK (Resolution No . 88-159 )
JJOT I ON:
Pidcock moved, seconded by Anderson to close the Public
Hearing and adopt Resolution No . 88-159 to vacate the
right-of-vay on Edenvale Boulevard . notion carried
unanimously. a
3
V. E Y.f9N T QF Sj4k" s
Anderson moved, seconded by Harris to approve Payment of
Claims No . 44003 to No . 44371 . Roll call vote: Anderson,
Bentley, Harris, Pidcock voting "Aye" .
VI . ORDINANCES & aEgOL TIONS
x
VII . PETITION;&, COMKUNICATjQNS
A . Reo!21gtionMo , 88-Ifil,, S2Ar, & AgAesament8
Dietz said that the alternate date of September 8, 3-988
was presented because the assessment amount was
approximately $3, 000,000 and the hearing was estimated to
run approximately two hours .
MQTIQN:
Harris moved, seconded by Anderson to adopt Resolution No.
88-161 with the hearing date set for September 8, 1988 at
7 : 30 PM. Motion carried unanimously.
VI I I . HZPQR_TS QE ADVISORY CfljMI SS IONS
IX. APPOINTMENT,
X. r _-Q.EOEF.IQ 596. BOARDS & CO"tjj S,_6I ONS
A . ft..2Qrts of Council Members
1
i
i
City Council Minutes 17 August 9 , 1988
1. Comment by Pidcock
Pidcock asked the status of the Ordinance for burial of
utility lines . Jullie replied that he had spoken with NSP
and that NSP would be coming to the City after the first
of the year with a proposed franchise agreement . Jullie
had informed NSP of the potential requirement for
underground utility lines . He said that the cost for this
would be tremendous and would affect the rate structure.
Jullie suggested waiting on the Ordinance until NSP had
come to the City with the franchise agreement.
Bentley asked if the City would impact the rates
established by the Public Utility Commission. Pauly
replied that any added cost would be reflected in the rate
structure, but would not cause any direct interference .
a
Jullie said that it was currently a requirement of any new
subdivision to bury utility lines .
a
Bentley stated that STaff had been directed to draft an
ordinance and asked about its status. Jullie replied that
this had been discussed at Staff meetings and was on the
City Attorney' s list of things to do. Pidcock asked when
the Council could expect to see a draft . Jullie replied
that 60 days would be reasonable .
Pidcock asked how the sprinkling ban was going. Jullie
was not aware of any problems, compliance was being met.
B. Report of Qty I1 -,M9r
1 . 1287 Audit Report
Jullie reported the 1987 audit report had been completed
by Fox, McCue a Murphy. Jullie introduced John Brand of
Fox, McCue 6 Murphy and Finance Director John Frane.
Jullie statea that the audit showed an excess revenue over
expenditures that increased the General Fund balance by
approximately $2 . 3 million; however, approximately
0460,000 of this amount had been reserved for expenditure
in 1988 leaving approximately 01,835,000.
Bentley commented that the report was good overall and
believed that the City could not go through growth without
having some minor problems cowing out . Bentley believed
that a position for a department head for a department
called Budget and Procurement should be established and
the role of this individual should be to assist the
manager in budget preparation, help develop and maintain
an accrual budget concept, and would deal a centralized
procurement system.
City Council Minutes 18 August 9, 1988
Bentley said that he thought that the personnel manual had
been updated since 1979 . Jullie replied that this: task
was quite involved, but that the manual would be completed
by the end of the year .
Bentley asked where Staff was regarding a written
capitalization policy and doing a physical inventory.
Frane replied that the physical inventory would take a
long time to finish. He said he needed to get the costs,
see what had been bought, and see what the City had .
Jullie replied that Staff was working on the inventory;
however, it takes a lot of time and staff time had not
been available . Frane said that he needed to make
priorities and that the special assessment had taken
priority.
Bentley asked about the updating of a policy and
procedures manual for special assessments. Jullie replied
that he did not believe that a tailor made special
assessment policy book could be done because of the number
of exceptions which have been and would be made. Jullie
did believe that the deferment policy had been clarified.
Bentley asked Jullie if he did not agree with the
recommendation. Jullie replied that all the policies did
need to be put together in one place . i
I
Pidcock was concerned because several of the same issues
kept coming up year after year and nothing was being done .
Harris asked why such a big difference in revenues between
the two liquor stores . Frane replied that the MGM Liquor
opened in Bloomington and had taken approximately 1/3 of
the sales . Harris asked if the prices were the sane in
both stores . Frane said that they tried to keep the
pricing the same, but the markets were different in each 3
store . 1
Bentley said he would like more information on the
deficits in the wager fund and what was being proposed to
deal with this . Frane replied that the City had raised
the rates for the water and sewer and that the City should
be able to tell the results by the end of the year .
There was a lengthy discussion about Enterprise Funds and
General Funds as to where operating cost and capital costs
come from.
t
Harris asked if the City could not get a better rate of
return than 6 1/2% interest . Frane reported that the City
had revised the investment plan and the rate was not 7 1/2
to 8 t. Frane said the City could buy only government
securities . A lengthy discussion followed regarding
rr mutual funds and government securities .
�M
d
City Council Minutes 19 August 9, 1988
Pidcock asked how street signs were purchased without a
formal bid . Jullie replied that Staff was concerned about
quality; however, next time the signs would go out for bid
and specifications would be written.
Pidcock questioned the non-compliance regarding collateral
and how could this be corrected. Brand replied that it
was a bank problem and could be corrected by entering into
a pledge agreement.
Bentley commented that Finance Director Frane, his staff,
and Fox, McCue & Murphy should all be complimented .
Anderson asked if Staff believed that most of the list of
recommendations were achievable within the year . Frane
replied that the asset inventory would not be possible .
Bentley asked if the Council could have a report as to the
status of the progress on the recommendations . He said he
would like to hear what Staff believed would be the best
way to deal with the recommendations .
Pidcock said that she would like to get a time frame on
when the items could be implemented.
2 . Rceive and AnoroMft 2nd Quarter General Fund Repo=
Harris asked if the City was on an accrual basis. Frane
replied it was only at year-end . Harris believed the
council should know what was encumbered as well as what
was expended. Bentley agreed and said that was why he
believed the additional budget staff position was
necessary.
Pidcock asked Brand what length of time it would take to
convert to an accrual system. Brand replied that the City
had the computer system in place and if the personnel
could be acquired it could happen during 1989 . Frane said
if personnel were available, possibly in 1990.
Harris asked Lambert about what the impact would be for
next year if tree inspectors could not be hired. Lambert
replied that Stu Fox was currently inspecting the trees by
himself on an on-call basis or by Just driving through
town. He said that there are few people in the field and
they can pick the Jobs they want. Lambert said that the
City may have to accept personnel not in the forestry
field and would suggest that Stu Fox train them.
Anderson questioned if the City should continue to put the
effort and expenditure in the program. Lambert believed
that it was important to maintain the program. He said
Lhat compliance with the program had kept the tree loss
down.
a .
City Council Minutes 20 August 9 , 1988
Pidcock question why the receipts for building permits was
a concern. Jullie replied that the volume of permits was
down and it was hard to predict the construction business .
Harris asked if this was a metro problem or just in Eden
Prairie . Jullie replied it was a metro problem.
MQTIONs
Pidcock moved, seconded by Harris to recommend approval of
the 2nd Quarter General Fund Report . Motion carried
unanimously.
3. Abort of Fozmation of Naste ManaggMent ,Commi&aion
Bentley suggested that this item be continued, since the
Mayor Peterson was absent and he was the one who initiated
the proposal .
f
Pidcock moved, seconded by Anderson to continue this item t
to the August 16, 1988 City Council Meeting . Motion
carried unanimously.
9 . Jullie reported that Rogers Cable had made an agreement
to sell to an organization in Houston, Texas.
C. Reoort of City ,attorney
D. Report of DI ector gf Planning
E. Reoor o€ Director of Parks. Recreation 6 Natural
Resources
i
i. ov u
Wyndham Knoll Park. gnd Eden .Lak€ Ighool Park
Lambert explained the bid process and how specifications
were written for the playground equipment. Lambert stated
that the neighbors of Wyndham Knoll Park would not be
getting exactly what they had requested. He recommended
approval of the bids and at the Wyndham Knoll Park supply
two lower platforms, due to the number of small children
In the neighborhood.
1�5?T3�2�i
Harris moved, seconded by Pidcock to award the contract
for Eden Lake School/Park- Phase ii to Earl F. Anderson
Landscape Structures in the amount of $15, 000 . Motion
carried unanimously.
City Council Minutes 21 August 9, 1988
MOTION.
Harris moved, seconded by Pidcock to award T .S . Howard the
contract for Wyndham Knoll Park and Willow Park in the
amount of $8, 000 each with the authorization to add two
lower platforms to the Wyndham Knoll Park .
Anderson asked how long had the procedure been to talk to
the neighborhood about park equipment . Lambert replied
only when a neighborhood already was in existence .
Motion carried unanimously.
Z. ggagest from Eden Prairie Figure Skaters _Club
Lambert reported that the Eden Prairie Figure Skaters Club
had requested to hang a banner in the lobby of the
Community Center . Lambert recommended that the banners
not be hung on the wall; however, did suggest hanging a
banner from the ceiling. He believed that it was
important to have the banners of the organizations
participating, but stressed the need to be consistent. a
Lambert said that only temporary banners could be hung on
the wails.
Bentley cautioned that this not get out of hand and to use
discretion.
Harris moved, seconded by Bentley moved to approve the
banner display policy at the Community Center as per Staff
recommendations .
Lambert said that the permanent group would have permanent
banners that hang from the rafters and temporary signs
would be designated for teams on the ice . He said that
the Parks, Recreation a Natural Resources Commission would
decide when the banner had to be replaced.
Bentley said that the Council would retain the right to
take this privilege away.
Motion carried unanimously.
3. Elvinv Cloud Air-port Recommendatigna
Lambert stated that the public hearing will be held in
September and October . Lambert requested authorization to
write a letter to the Metropolitan Airports Commission to
consider other appropriate uses for the property as
outlined ,in his memorandum.
City Council Minutes 22 August 9 , 1988
MOTION:
Pidcock moved, seconded by Anderson to authorize the
Parks, Recreation & Natural Resources Commission to write
a letter to the Metropolitan Airport Commission addressing
concerns as outlined in the Staff Report and forward a
draft of the letter to the Flying Cloud Advisory
Commission for approval .
Bentley was concerned that the City was bypassing the
Flyinq Cloud Advisory Commission . Lambert said that he
would draft a letter to the Flying Cloud Advisory
Commission.
Anderson said that this was important to get included in
the Airport master plan and address issues early.
Bentley requested that the Council be updated and would
like to have a Joint meeting with the Metropolitan
Airports Commission.
Motion carried unanimously.
9 . Re_vlew of Scen Easement P211cv
Lambert reported that he had discussed the Scenic Easement
Policy with both the Parks, Recreation & Natural Resources
Commission and the Planning Commission and that both
Commission recommended approval per the report . He
suggested having the City Council hold a special meeting
with the homeowners on Mitchell Lake.
Lambert said that he had met with the Board of Timber
Lakes Homeowners Association and the board asked that if
it could transfer the scenic easement to the City, would
the City take it and then would the City take the
responsibility to enforce the easement .
Lambert suggested that a Surface Management ordinance be
brought up at the meeting.
Bentley questioned vhy not just the homeovners '
associations Lambert replied that he believed it vas
important to notify all the property owners.
Anderson asked who represents all the citizens of the
State as the water is public property. Lambert replied
that the Lakeshore was what was being discussed and the
lakeshore does not belong to all the citizens of the
State . Anderson asked if the City was talking about
backing off the original agreements . He said that what
the City had asked for was not what you see today.
A
6.
(;fJ(
ryjI
1
I
i
City Council Minutes 23 August 9, 1988
Bentley said that he saw the problem as being specific to
one area; if the Homeowners ' Association came to the
Council and said it would not manage the scenic easement,
then it would be the Councii 's issue . He believed that
surface management needs should be dealt with separately,
as it was a significant policy issue. Lambert replied
that Weston Bay residents have broken the scenic
easements. He said that other developers are wanting to
develop and the policy should be set.
Harris inquired as to the City' s legal rights. Pauly replied
that the distinction was the original restrictions placed
on the original development . The City was not a party to
the development of these restrictions and had no basis to
enforce those restriction; however , the Weston Bay area
came under a conservation easement and could be enforced
by the City. Harris believed that the Council needed to
get together with the Timber Lakes Board and determine if
it would enforce the scenic easement, and then the Council
would have the option to take over the responsibility.
Pauly stated that for Timber Lakes to transfer the scenic
easement to the City, it might require consent from all
the property homeowners to turn over their rights .
Lambert replied that Timber Lakes had checked into this ¢
and that the requirement was 90% and the residents would
s
be informed that if they did not vote it would be e
considered a "yes" vote .
Anderson asked if one or two individuals in the Homeowners
Association did not comply with the restrictions could the
other members of the Association come to the City for
help. He commented that the City was a party to the
creation of the Association. Pauly disagreed. The
property owners knew what the restrictions were when they
purchased their property.
Anderson commented that in 1947 there were 49 public
accesses on Lake Minnetonka and that today i.here are only
9 and he believed that the public was loosing control of
the lakes .
Bentley did not believe that a meeting with all the
property owners would be productive or a good way for the
City to make policy. He believed that the Council should
deal with representatives of the Homeowners Association.
Lambert said then that it was the Council's suggestion to
only meet with the Timber Lakes Homeowners Association .
Bentley said that the City had a specific problem and
would like the discussion kept to this.
Harris asked if there was any urgency to this issue .
Jullie replied that the matter needed to be cleared up_
{
City Council Minutes 24 August 9, 1988
MOXI ON :
Anderson moved, seconded by Pidcock that the Council would
meet with representatives from the Homeowners Association
on Mitchell Lake, with the date to be set later . Motion
carried unanimously.
Anderson was concerned about the need for a surface
management ordinance . After a lengthy discussion of how
this could be dealt with Bentley suggested that Lambert
have suggestions at the next Council meeting.
5.
Lambert reported that this was an information item only.
He stated the need to find money to irrigate Franlo Park
this year so that it would be useable by next year .
Lambert estimated the costs to be approximately $30 to $35
thousand dollars.
Anderson asked if the money would come from park fees . f
Lambert replied no.
4
5
Bentley believed that Staff needed to get specific prices
and determine how the money would be derived. He said
that the Council would Just be recommending Lambert to
continue with the process . Bentley asked Lambert to come
back with bids and how this would be paid for.
Anderson questioned if it was not to lame to aced this
year . Lambert replied that the fields were being seeded
now.
Lambert commented that this field would be quite valuable
If the City could get water to it.
MQTI ON :
Harris moved, seconded by Pidcock to approve Staff
recommendations for a well and irrigation system for
Franlo Park . Motion carried unanimously.
Bentley expressed a desire to begin the process to have a
referendum held to authorize the issuance of a bond for
park and recreation iemprovementu.
F. ReQQxt of pireCtor of Pul2l ir, Works
G. lRaggrt of Finance Director
City Council Minutes 25 August 9, 1988
XI . NEW .BUSINESS
Harris commented that she would like to have a special meeting
to discuss the R1-9 . 5 issue and suggested to schedule the
meeting for the first part of October.
XII . ADJOURNMENT
Meeting adjourned at 12 : 50 AM.
M1
a