City Council - 10/04/1988 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 4, 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 6 Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL : All members present.
I . P'ROVAL OF AGENDA AND OTHER ITEMfi OF BUSINESS
MOTION•
Harris moved, seconded by Pidcock to approve the Agenda as
published.
Remove the following: Items III .M, IV.G, and IV.H.
A new draft of Resolution No . 88-213 was presented to the
Council for Item III . I .
Motion carried unanimously.
II . MINUTES
A.
Restoration Committee Meeting held Tuesday duly 19. ,1,98 .
MOTION:
Harris moved, seconded by Pidcock to approve the Minutes
of the joint City Council, Historical a Cultural
Commission, and Restoration Committee meeting held
Tuesday, July 19, 1988 as published and amended .
City Council Minutes 2 October 4, 1988
CORRECTIONS :
Page 2, paragraph 5 should read : Harris questioned
whether the security. . .
Page 4, paragraph 3 should read : the small size of the
firm, . . . .
Page 4, paragraph 4 should read: was trying to purchase
the Jacques Farm on Riley Lake.
Motion carried unanimously.
III COtISENT CALENDS
N. Clerk 's License Ligj;
S. Review Bids for rommUnity !Center Tile Project
C. Change Order No . 5. Wtllhouae Construrtion, I .C. 5 -07
D.
best of Staring Lane)
X . w
&ndgrssgn Lakes ParkwaX an!, Chestnut_Qr ive)
r . Resglution a22roying Jgint Agre2ment to dev2log -
Environmen al impact atatenent (Resolution No . 88-219 )
G . CHEYENNE PLACE, by Westar Properties, Inc. 2nd Reading of
Ordinance 841-88-PUD-12-88, Planned Unit Development
District Review, with waivers, and Zoning District Change
from Rural to R1-13 . 5 on 38 . 27 acres; Approval of
Developer 's Agreement for Cheyenne Place; and Adoption of
Resolution M88-221, )authorizing Summary of Ordinance 841-
88-PUD-12-88, and Ordering Publication of Said Summary.
38. 27 acres into 76 single family lots, 6 outlots and road
right-of-way. Location: North of County Road N1, 640
feet vest of County Road #4 and County Road 81
intersection . (Ordinance N41-88-PUD-12-88, PUD District a
Rezoning; Resolution 188-2210 Authorizing Summary and
Publication .
H_
I _ fl2oolution No . 88-213
N2vember 8 General Ejection
J.
Development (Aka Cabrsgje Contgr ) !
City Council Minutes 3 October 4, 1988
K . Resolution No . 88-232. Authorizing Permit Application for
Fairfield
L . Resolution No. 88-233 to Execute License to Crols Public
Waters with Sanitary Sewert t
M. PANNEKOKEKEN H&JIS_ Resolution No . 88-229 Denying 2nd
Reading of Ordinance No . 33-88 from Office to C-Reg-
Service (REMOVED FROM THE AGENDA)
MOTION:
Bentley moved, seconded by Harris to approve the Consent
Calendar as published, removing Item M and noting the
revisions for Resolution No. 88-213 for Item I .
ITELI B
Bentley asked City Manager Jullie if letters of apology
were being sent to the parties negatively affected by the
rescheduling of the Community Center Tile Project. Jullie
replied that Staff would send the necessary letters .
ITEMS D 4E
MOTION:
I
Bentley moved, seconded by Harris to amend Items D 6 E to
have an additional condition to read : the developer
proceeds at his own risk . Motion carried unanimously.
ITEM I
Bentley asked Enger for clarification on what was meant by
partial compliance. Enger replied that some of the
conditions of the developer 's agreement had been completed
and some of the items were necessary to complete to have
full compliance; therefore, the developer was requesting a
certificate of partial compliance for the items completed
at this time .
Peterson asked Enger why a Statement of Partial Compliance
was necessary. Enger replied that mortgage companies were
asking for statements because they consider the
Developer 's Agreement as a condition on the property.
Bentley asked Enger if this proposal would indicate the
possibility for a second phase of development for the
building. Enger replied that Lexington Properties did
have a design for a second phase and would move forward as
soon as a prime tenant was found .
City Council Minutes 4 October 4, 1988
ITEM K
Pidcock stated that she had received inquiries from
concerned property owners regarding the alignment of
Scenic Heights Road. Dietz replied that the proposed
alignment of Highway 212 would be discussed in November .
Dietz stated that some properties would be divided further
south, but did not relate to the Fairfield project .
Motion carried unanimously.
IV. PUBLIC HEARINGS
i
A. Tgunk WItermain rkxt!anaion on Pioneer Trail ( C2AH 1) from
1700 feet west Qf Mitchell Road to ARproximately 2000 feet
vest of Elden Prairie Road (CSAH 4 ) and on Eden Prairie
Road (CSAH 4 ) from Pioneer Tr!2 1 (CSAH 1 ) to 600 feet
north gf Scenic Heights Road. I .C. 52-147 (Resolution No.
88-218 )
City Manager Jullie reported that notice of the Public
Hearing had been sent to affected property owners and
published in the September 21 and September 28, 1988
issues of the Eden Prairie News.
j
Dietz presented project I .C. 52-147 which would run along
the west side of County Road 4 and along the north side of
County Road 1. Dietz described the assessment district
and noted that the corner lots on Summit Drive were not
recommended to be assessed at this time because service
was not to be extended to these lots now; assessments
should wait for a lateral project for Summit Drive. Dietz
reported the estimated cost for the project to be
$608, 000 . He said that the assessment would be the cost
equivalent to a 6" vatermain estimated at 0282, 6380 with
the City share to pick up the difference in cost of the
12" watermain at an estimated cost of $3250000 . Dietz
stated that the front-foot gate would be $21 . 06 . He
recommended that the 5-year exclusion policy be in effect
for the homesteaded properties . Dietz informed the
property owners that in addition to the assessment there
were permit fees required for plumbing permits . He said
that the additional permit fees were usually not discussed
at the feasibility hearing and property ovners are urged
to contact the Building Inspection Department for a
thorough breakdown of the additional fees . Dietz said
that the contract vould be awarded by November 1, 1988 and
the project completed by July 1989 .
Dietz stated that the catalyst for the project was the
commitment by the City to have utilities to the Cedar
Ridge Elementary School by September 1989 . He said that
the Fairfield and Cheyenne Place developments were
expected to be able to extend the utilities to the school,
City Council Minutes 5 October 4, 1988
but an alternate plan was provided in the report in case
the developments did not proceed in time . Dietz stated
that if the City used the contingency plan the cost to
extend service from CSAH4 to the school would be
approximately $324,000 and the entire amount would be
assessed to the adjacent properties in the Fairfield and
Cheyenne Place developments .
Peterson asked Dietz when sewer would be available for the
east side of County Road 4 and the north side of County
Road 1 . Dietz replied that Staff did not have projections
for sewer in that area at this time . Dietz said that a
subdivision or petition from the property owners would be
needed to start a project in the area .
Bentley asked Dietz from what direction the construction
would take place . Dietz replied that had not been
determined and that the contractor would have flexibility;
however, it was part of the specifications that the
project must be completed by June 1989 .
Pidcock asked Dietz if water pressure would not be
effected by only having a 124 pipe . Dietz replied that
the size of pipe did effect water pressure; however, the
study indicated that a 12" pipe would adequately serve the
area and that in the interior of residential projects a 6"
pipe could provide adequate pressure .
Anderson asked Dietz how much the project would be delayed
if next year was a rainy year . Dietz replied that the
project would not be delayed more than 30 days due to
weather conditions . Anderson stated a concern about
delays of any kind preventing the school from opening on
schedule . Dietz stated that Staff would do everything
possible to make sure that the completion dates were met
and utilities provided for the school in time for its
opening day. Dietz said that a date would be set and if .
Fairfield and Cheyenne Place were not at a specified point
of development, the City would take over the project .
Steve Wagner, 8430 Eden Prairie Road, questioned
disparities in the assessment of the property. He said
that his property would be assessed at approximately
$2, 600 per acre while property in the Fairfield project
would be assessed at approximately $249 per acre . Wagner
questioned who would be acquiring the easement/right-of-
way, the City or the County. Magner believed that there
would be a negative impact to his property with the
proposed alignment of Scenic Heights Road and the easement
requirements . Dietz replied that there was a disparity in
the assessments between the Wagner and Fairfield
properties . Dietz said that the City was proposing to
assess lateral benefit. He said thct Wagner had a large
amount of front footage on his parcel which would have
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P
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City Council Minutes 6 October 4, 1988
direct access to the watermain as opposed to the limited
direct access to the Fairfield project .
Wagner stated that his property would be bisected by the
Scenic Heights Road alignment and questioned how access
could be obtained to his property. Bentley stated that
the realignment of Scenic Heights Road would not happen
until Highway 212 was constructed and at this time there
were no dates estimated in the near future . Magner said
that several weeks ago it had been discussed at a Council
meeting that further development of the Fairfield property
past Phase r could not take place until Scenic Heights
Road was extended . Wagner believed that the 4-lane road
would not add value to his property. Dietz replied that
Councilmember Bentley was correct in that the realignment
of Scenic Heights Road east of CSAH4 would not occur until
Highway 212 was constructed and Hr . Wagner was also
correct in that the proposed extension of Scenic Heights
Road to the west would take place in advance to
construction of Highway 212. Dietz stated that he was not
prepared to answer the questions related to the road
Issues .
9
Peterson asked Dietz to answer the question related to the
Improvement to the Wagner proPerty. Peterson stated that
If Scenic Heights Road were extended then a portion of the
Wagner property could not be developed . Dietz concurred
with Mayor Peterson; however, it was the City's position K
that the benefit of utilities added value to property.
Dietz stated that the only known factor at this time was
the watermain and that when the right-of-way for the road
was obtained the value of the property would have
Increased because of the watermain.
Harris asked Dietz for clarification on the disparity of
the assessments . Dietz replied that for any of the lots
in the Fairfield project to receive water an 8" extension
would be necessary to come from the trunk watermain and
the developer would build watermain along each of the
streets in the development . Dietz stated that the
properties were being treated the same. He said that the
assessment was for a 6" water main which was the City
policy; however, because of the significant amount of
property involved with the Fairfield project the per acre
amount was a lower rate . Dietz said that the Wagner
property was a unique case in that it had the longest
front footage of any of the properties for the project and
that he had noted in the Staff report that the Council
might wish to consider deferment until the property was
developed, which would be determined at the time of the
Assessment Hearing . Anderson commented that the property
was homesteaded and that a 5-year deferment was currently
the policy and believed that within the 5-year period the
area would develop . Dietz believed that the pressure to
City Council Minutes 7 October 4, 1988
develop this area would be well in advance of the 5-year
period .
Wagner asked who would obtain the right-of-way. Dietz
replied that the City would negotiate the easement for the
watermain. Dietz stated that it would be at least 2 years
before the County would be in a position to obtain road
rights-of-way. Wagner asked how the trees and vegetation
would be impacted by the easement . Dietz replied that at
this time he could not answer the question, but that Mr .
Wagner would be included in the negotiation process .
Greg Anderson, 8711 Eden Prairie Road, stated that because
of the shape of his property he considered the assessment
to be doubled . Anderson suggested that a formula similar
to cul-de-sac properties would be more equitable .
Anderson believed that the assessment far exceeded that
benefit to his property. Dietz replied that this could be
reviewed in advance of the Assessment Hearing.
MOTION :
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No . 88-218 ordering the
watermain improvement .
Pidcock requested that the project be considered on a per
unit basis rather than an acreage basis . Dietz replied
that a per unit basis would be taken into consideration.
Motion carried unanimously.
B. REPRURN BUILDING by Bud Redburn Insurance Agency, Inc .
Request for Comprehensive Guide Plan Amendment from
Industrial to Neighborhood Commercial on 1 . 5 acres and
from Industrial to Office on 0. 58 acres, Zoning District
Change from Rural to Office on 0 . 58 acres, and Preliminary
Plat of 2. 33 acres into 2 lots and road right-of-way for
construction of a 3,000 square foot office building.
Location: East of Terrey Pine Drive, south of Highway 05,
east of Burger King. (Resolution N 88-223, Comprehensive
Guide Plan Amendment; Crdinance 845-88, Rezoning;
Resolution 888-224, Preliminary Plat )
Jullie reported that notice of this Public Hearing was
sent to owners of 17 surrounding properties and published
In the September 21, 1988 issue of the Eden Prairie News .
Dennis Tristler, President of Northland Construction
Management, represented that proponent . Tristler stated
that a 1. 5 story, 3000 square-foot building would be
constructed and that access to the building would be
through the Burger King parking lot which had been
negotiated. Tristler stated that Commercial Zoning was
City Council Minutes 8 October 4, 1988
being requested . He said that the building was proposed
to allow for 5 to 6 tenants . Tristler stated that two
signs were being requested . He said that utilities would
be obtained from the adjacent property. Tristler stated
that increased berming had been completed per Staff
recommendations.
Enger reported that this item was reviewed at the
September 1.2, 1988 Planning Commission meeting and
recommended approval on the project with a 7-0 vote per
Staff recommendation of September 9, 1988. Enger noted
that the Comprehensive Guide Plan Change included the
Burger King lot of 1. 5 acres from Industrial to
Neighborhood Commercial and the 0 . 58 acre for the Redburn
Office Building from Industrial to Office .
Bentley asked if the cross-easement agreement would be
permanent and would become part of the titles for both
properties . Tristler stated that the agreement would run
with the land .
T
Harris asked if the sewer service issue had been resolved .
Dietz replied that at this time it had not been resolved
but believed that it could be resolved . Dietz stated that
the sewer in this development was privately owned by the
E. A. Sween Company. Dietz said that Redburn needs to
r meet with the Sween Company to acquire access to the
sewer .
Anderson asked Redburn if he had any objection to
Installing a private sprinkling system to maintain the
landscaping. Redburn replied that he would like to have a
sprinkling system; however, there was a cost factor which
he had not explored at this time . Anderson was concerned
about protecting the landscaping because of the visibility
of the project .
Harris asked Enger what was meant by traffic service
levels B and C. Enger replied that service level A would
be the best traffic circulation and F would be the worst.
He said that with the proposed improvements to the
Intersection at Highway 5 and County Road 4 the
intersection would go from a level F. which was the
current level, to a level B or C. Enger stated that the
Redburn Office Building would not generate a significant
amount of traffic and would not affect the intezaection as
it exists today.
MOTION:
Bentley moved, seconded by Anderson to close the Public
Hearing and adopt Resolution No . 88-223 for Comprehensive
Guide Plan Amendment . Motion carried unanimously.
f
City Council Minutes 9 October 4, 1988
MOTION•
Bentley moved, seconded by Anderson to approve 1st Reading
of Ordinance No . 45-88 for Rezoning. Motion carried
unanimously.
MOTION:
Bentley moved, seconded by Anderson to adopt Resolution
No. 88-224 approving the Preliminary Plat . Motion carried
unanimously.
MOTION:
Bentley moved, seconded by Anderson to direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendation and request negotiations
regarding sprinkler system installation. Motion carried
unanimously.
C. PRAIRIEVIEW II by Curt Johnson Properties, Inc . Request
for Zoning District Amendment within the C-Regional
Service Zoning District on 2 . 17 acres for construction of
a 12, 658 square foot retail/office use. Location: North
of Plaza Drive, east of the Prairie View Shopping Center .
(Ordinance •43-88, Rezoning) ?
Jullie reported that notice of this Public Hearing was
sent to owners of 7 surrounding properties and published
in the September 21, 1988 issue of the Eden Prairie News .
Enger presented the protect for the proponent . Enger
stated that the building would be constructed where the
Bonanza Restaurant was originally proposed. He said that
the new proposal would be for a two-story retail/office
building.
Enger reported that the Planning Commission reviewed this
item at its September 12, 1988 meeting and recommended
approval on a 7-0 vote based on the Staff Report of
September 9, 1988 . Enger said that Staff recommended that
the road behind the shopping center become a one-.way
service drive and that a median be constructed at the TCBY
drive-thru area to allow the traffic to be directed to the
south . Enger stated that the Planning Commission did not
approve the recommendation for a canopy for the building
as stated in Item 1 .A of the Staff report .
Harris complimented the Planning Commission in denying the
request for a canopy.
Bentley suggested that a street light be placed at both
entrances to the shopping center .
City Council Minutes 10 October 4, 1988
Glenn Johnson, 7067 Springhill Circle, stated that he
believed that the road behind the shopping center was a
fire lane and questioned if the City was responsible for
posting that designation. linger replied that he would
check into this and that if the road was designated as a
fire lane it should be signed as such.
Anderson moved, seconded by Bentley to close the Public
Hearing and approve 1st Reading of Ordinance No . 43-88 for
Rezoning. Motion carried unanimously.
MOTION:
Anderson moved, seconded by Pidcock to prepare a
Development Agreement incorporating Commission and Staff
recommendations and the Council condition to request the
developer to consider the installation of a sprinkling
system. Motion carried unanimously.
D. 1 iDHAM NOR 2ND ADDITION by Burl Corporation . Request for
Zoning District Change from Plural to R1-9 . 5 on 7 .2 acres
and from Rural to R1-13 . 5 on 18 . 9 acres with variances to
be reviewed by the Hoard of Appeals, and Preliminary Plat
of 27 . 2 acres into 41 single family lots, 3 outlots, and
road right-of-way. Location: South of Townline Road,
east of Chennault stay within Hidden Glen 3zd Addition .
(Ordinance 8 46-88, Rezoning; Resolution $88-225,
Preliminary Plat )
Jullie reported that notice of this Public Hearing was
sent to owners of 91 surrounding properties and published
in the September 21, 1988 issue of the Eden Prairie Neva .
Don Patton presented the project . Patton said that the
plan showed the property being divided into 91 lots;
however, only 38 of the lots were new lots . He said that 1
3 of the lots from the original Wyndham Knoll development
were being replatted to become part of the Wyndham Nob 2nd M
Addition. Patton stated that 16 units would be included
in the R1-9. 5 area and 22 units in the R1-13 . 5 area .
Patton said that the proponent had received the permit
from the U.S . Army Corps of Engineers . He stated that DNR
did not require a permit . Patton stated that the
proponent concurred with the request that a construction
road be developed . Patton requested a grading permit to
allow for the water to be brought into the project .
.:anger reported that this item was reviewed by the Planning
C mmission at its September 12, 1988 meeting and
recommended approval of the project on a 7-0 vote
according to the recommendation outlined in the Staff
report dated September 9, 1988 . Enger stated that the
City Council Minutes 11 October 4, 1988
proponent was scheduled to appear before the Board of
Appeals and Adjustments on October 14, 1988 regarding the
variances required for this project . He said that if the
variances were not granted the elimination of 1 lot could
be necessary if the lot pattern could not be adiusted to
meet the requirements .
Lambert reported that the Parks, Recreation 6 Natural
Resources Commission reviewed this item at its October 3,
1988 meeting and recommended approval of the project as
per the Planning Commission Staff Report dated September
9, 1988 . Lambert stated that a trail easement would only
be necessary if the outlot were to remain privately owned.
Peterson asked what the percentage of tree loss would be .
Patton replied that the tree loss would be approximately
13 to 15
Patton wished to comment at this time on the variance
request . He stated that the 70-foot frontage with a 30-
foot building would appear more uniform with the rest of
the project . Enger replied that Staff suggested that the
frontage be increased by 5 feet to bring the front footage
to 75 feet . Enger stated that variances had been approved
for 75 feet by the City in the past .
Bentley asked Enger if this proposal was not part of a PUD
Plan. Enger replied that this was land that was
separately held and was not part of the PUD Plan. Bentley
asked Enger why the project was being presented on a PUD
basis . Enger replied that the variances were not
anticipated originally.
Bentley asked Patton if Chennault Nay would be constructed
completely at the beginning of the project. Patton
replied yes .
Anderson stated concern about more R1-9 . 5 lots being
constructed in this area of the City. He commented that
the northwest section of the City had the most R1-9 .5 lots
and believed that a better mix needed to be considered .
Rich Sohre, 18704 Chennualt Way, stated a concern about
the water pattern being changed due to landscaping and
causing the water to run onto his property. Patton
replied that the lot would be changed; however, the water
should be directed into the catch basin . Sohre vas
concerned about the additional traffic on the road due to
the construction because of the children in the area and
the width of the road . Peterson replied that the
construction traffic had been addressed and a construction
road would be built to the north.
City Council Minutes 12 October 4, 1988
Anderson asked Dietz If any precautions could be taken at
this time to guarantee that the current property owners
would not be affected by drainage problems from the new
development . Dietz replied that Staff would look into the
drainage issue at this location.
MOTIQV:
Pidcock moved, seconded by Harris to close the Public
Hearing and approve the 1st Reading of Ordinance No . 46--88
for Rezoning. Motion carried unanimously.
MOTION: j
Pidcock moved, seconded by Harris to adopt Resolution No .
88-225 approving the Preliminary Plat . Motion carried
unanimously.
KQTION•
Pidcock moved, seconded by Harris to direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations with special emphasis on the
drainage issue . Motion carried unanimously.
MOTION:
Bentley moved, seconded by Pidcock to grant a grading
permit in accordance with the appropriate Staff review and
requirements with the understanding that proponent would
proceed at their own risk . Motion carried .
E. C_RQSSTQWIN ,ERAI RIE OF]ElrE WAREHOUSE by Gary A. H i lden.
Request for Site Plan Review on 1 . 89 acres within the I-2
Zoning District with variances and Shoreland variances to
be reviewed by the Board of Appeals, Preliminary Plat of
1. 89 acres into one lot and road right-of-way for
construction of a 19,216 square foot office warehouse.
Location: South of County Road 67, east of Nine Mile
Creek, north of the Chicago, Milwaukee, St . Paul & Pacific
Railroad . (Ordinance 847-88, Zoning District Amendment
within I-2; Resolution 8 88-226, Preliminary Plat)
Jullie reported that notice of this Public Hearing was
sent to owners of 14 surrounding properties and published
in the September 21, 1988 issue of the Eden Prairie Neva .
Gary Hilden, owner of A & H Welding, stated that the
proposal was to redevelop the property and construct a new
office/warehouse building of which approximately 45% of
the building would be occupied by A & H Welding with the 1
ff balance of the building space to be leased.
s`
{
City Council Minutes 13 October 4, 1988
Enger reported that this item was reviewed by the Planning
Commission at its September 12, 1988 meeting and
recommended approval of the project with a 7-0 vote based
on the recommendation of the Staff Report dated September
9, 1988 . Enger reported that this proposal was for
redevelopment of a current facility, which was not to City
standards . Enger stated that the property did have
conflicts with Nine Mile Creek; however, there was not a
problem with drainage during the super storm. Enger said
that all parties involved in this project had to allow for
compromises . Enger stated that Hilden had reduced the
floor-area ratio to 24%, which would make the degree of
variances less . He said that when the development was
completed Nine Mile Creek would be cleaned up and would
have a better appearance .
Anderson commented that he was pleased to see this
project . Anderson asked Hilden if he was taking the
responsibility to maintain the appearance of the creek
area . Hilden replied that at one time he had looked into
regrading the area along the creek, but the permits
required from the DNR were overwhelming. Hilden said that
he would live within the DNR guidelines and do what he
could to improve the appearance of the creek . Anderson
stated that he hoped that the City would do whatever
possible to make sure that the area was cleaned up.
Lambert concurred with Hilden that the area could be
regraded to look nicer; however, a large number of permits
would be necessary. Anderson believed that the City
should look into what exactly would be required . Hilden
stated that a catch basin was being constructed to prevent
further erosion and that curb and gutter was being
installed .
MOTION•
Pidcock moved, seconded by Bentley to close the Public
Hearing and approve the lst Reading of Ordinance No . 47-88
for Zoning District Amendment . Motion carried
unanimously.
MOTION:
Pidcock moved, seconded by Bentley to adopt Resolution No.
68-226 approving the Preliminary Plat . Motion carried
unanimously.
MOTION:
Pidcock moved, seconded by Bentley to direct Staff to
prepare a Development Agreement incorporating Commission
and Staff recommendations . Motion carried unanimously.
i
City Council Minutes 14 October 4, 1938
MOTION :
Pidcock moved, seconded by Anderson to direct Staff to
prepare a plan to clean up the Nine Mile Creek area and
present this plan to the City Council . Motion carried
unanimously.
F. 11LUESTEM 5TH AQDII'ION by Brown Land Company. Request for
PUD Concept Review on 15.92 acres, PUD District Review on
15 . 92 acres with waivers, Zoning District Amendment within
the R1-13 . 5 Zoning District on 2 . 26 acres and Rezoning
from Rural to R1-13. 5 on 10 . 57 acres, Preliminary Plat of
12 . 83 acres into single family lots, 3 outlots, and road '
right-of-way. Location: West of Bluestem Lane, north of
Purgatory Creek . (Resolution 888-227, PUD Concept for
Bluestem 5th Addition; Ordinance 848-88-PUD-13-88, PUD
District, Zoning District Amendment within R1-13 . 5
District and Rezoning; Resolution 888-228, Preliminary
Plat)
Jullie reported that notice of this Public Hearing was
sent to owners of 78 surrounding properties and published
In the September 21, 1988 issue of the Eden Prairie News .
Bob Smith, representing the proponent, stated that the
project had been reduced from 19 lots to 15 lots at
approximately 1 . 2 units per acre . Smith said that the
price range of the homes would be from $250,000 to
$500,000 . Smith stated the tree loss had been reduced to
approximately 13.5 1. Smith stated that an agreement had
been made between the Bluff Company and the Brown Land
Company to install a road jointly on the property line,
dedicating right-of-way, and jointly participating in
utility installation. Smith read a letter dated September
20, 1988 from Wallace Hustad stating agreement with the
alignment of Bluestem Lane as proposed and agreed to share
In the costs for developing the road . Smith requested
consideration for the granting of a grading permit prior
to 2nd Reading to allow the roads and utilities to be
Installed this fall .
Peterson asked if the grading permit would include the
driveway and the retaining wall . Smith replied yes .
Enger reported that this item was reviewed by the Planning
Commission at its September 26, 1988 meeting and
recommended approval with a 7-0 vote based on the
recommendations of the Staff Report dated September 23,
1988 . Enger said that Staff concurred with the current
road layout which would reduce the number of retaining
walls needed. Enger commented that this project was the
first one in Eden Prairie to be in a heavily wooded area
which also contained steep slopes . Enger stated that an
City Council Minutes 15 October 4, 1988
additional 10% tree loss could take place depending on the
pad sizes of the homes.
Lambert reported that the Park, Recreation & Natural
Resources Commission reviewed this item at its October 3,
1988 meeting and recommended approval of the project based
on the Staff Report dated September 22, 1988 . Lambert
recommended that Outlot C be dedicated to the City.
Lambert stated that the Developer had requested a revision
to original sidewalk plan and asked Smith to explain the
request . Smith stated that the existing homeowners had
the understanding that sidewalks were not to be installed
In this area and consequently had installed ornate
driveways and sprinkling systems . Smith requested that an
on-site inspection be completed by the Parks, Recreation &
Natural Resources staff to determine if a sidewalk was
necessary. Lambert stated that the rationale for the
sidewalk to the south was the large population base across
from Homeward Hills Park . Lambert said that of the 3 lots
involved only b lot would be required to have a sidewalk,
the other 2 lots which already have homes constructed on
them are not in favor of a sidewalk . Lambert believed
that the sidewalk to the south was an appropriate based on
the overall trail system . Lambert stated that the on-site
inspection would be to determine how much it would cost to r
install a sidewalk in the area.
Peterson asked Smith if the corner lot was the only lot '
that was not constructed along Bluestem Lane . Smith
replied that the other two lots had homes and only the
corner lot was undeveloped . Smith commented that none of
Bluestem Lane had a sidewalk . Peterson asked if the
sidewalk could be constructed on the south side of the
road . Lambert replied that there were already homes along
the south side . j
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Anderson stated that there were several other streets
throughout the City with the same problem. Anderson
suggested that if it were determined to be too costly to
install sidewalks that no parking signs be placed on the
roads to allow for pedestrians to walk safely. Anderson
believed that the parked cars were the greatest hazard to
pedestrian traffic . Anderson commented that other cities
had done this and was an alternative that should be
considered .
Smith stated that larger homes had been taken into
consideration relating to the size of the building pads .
Harris asked Smith if both outlot A and C were being
dedicated to the City. Smith replied that both outlots
were being dedicated to the City and would include
approximately 3 acres of land which was twice the normal
dedicated land requirement.
City Council Minutes 16 October 4, 1988
Peterson asked Smith if the 20 ' easement along the
driveway to the home on the point would allow room for
snow storage. Smith replied that adequate room would be
available in the area opposite the retaining wall .
Peterson asked if an agreement had been made with the
developer to the north related to the compatibility of the
sizes of the lots . Smith stated that an agreement had
been made that the lot sizes on the north and south side
of the road would be compatible .
MOTION:
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No . 88-227 for PUD Concept
Approval . Motion carried unanimously.
MOTION:
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Harris moved, seconded by Pidcock to approve the lst 4
Reading of Ordinance No. 48-88-PUD-13-88 for Rezoning.
Motion carried unanimously.
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MOT LO tom:
Harris moved, seconded by Pidcock to adopt Resolution No.
88-228 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement incorporating
Commission and Staff recommendations and Council
Conditions to Include the dedication of Outlots A and C
and that the sidewalk issue resolved prior to the 2nd
Reading . Motion carried unanimously.
MOTION
Bentley moved, seconded by Anderson to grant a grading
permit subject to the appropriate conditions with the
understanding that the proponent would proceed at its own
risk . Motion c&rr ied unanimously.
Anderson commented that this project was a much better
development than originally presented and would commend
the developers fox coming back with this new project.
Bentley commented that the Planning guff should be
complimented on their research regarding the building pad
size issue .
G. V
in Forest K02112 (Resolution No. 88-215) (REMOVED FROM
THE AGENDA)
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City Council Minutes 17 October 4, 1988
H . Vacation 88-09, Vacation of Drainage and Utility Eagements
in CoAchman' ;5 Landing 5th Addition (Resolution No . 88-216)
(REMOVED FROM THE AGENDA)
V. P_AYMENT OF CLAIMS
MOTION:
Harris moved, seconded by Pidcock to approve Payment of Claims
No . 45672 to No . 46045.
Pidcock questioned No. 45711 for Shakopee Ford. Pidcock
believed that the City was to deal with local businesses .
Dietz replied that the City of Eden Prairie did not have a
Ford dealership. Dietz commented that Staff did try to buy
the majority of parts locally; however, when there was a
significant price difference Staff would purchase at the best
available price .
Pidcock stated that No. 45716 and 45913 were for the same item
and questioned why they were not purchased at the same time
and possibly utilize volume buying. y
ROLL CALL VOTE : Anderson, Bentley, Harris, Pidcock, and
Peterson all voting "Aye" .
VL . ORDINANCES 6RESOLUTIQM
s.
VI I . PFdT1TIQNS, REQUESTS b COMMUk!JCJJ !IQNS
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A. 61990at fQX CItX A22rgvaln i
from the Kockgy Association of Aden Prairie (Continued
from 9/20/88)
Bob Mizell, President of the Hockey Association of Eden
Prairie (HAEP) , stated that hockey vas one of the most
expensive sports to participate in and the Association
wanted to be able to reduce the fees . Mizell said that
currently approximately 6 children were not able to play
hockey because the parents could not pay the high fees .
Mizell said that the funds from the pull tabs would also
go toward a second sheet of ice. He stated that the Eden
Prairie ice was at full capacity currently and HASP was
purchasing ice time from other communities . Mizell stated
that 500 children have registered for the hockey program
already and more are expected with late registrations . He
said that because of the numbers registering for the Mite
program that a limit of children accepted might have to be
established . Mizell stated that half of the yearly budget
goes to purchase ice time . He said that this year $590000
was budgeted for ice time with approximately 20% of that
amount going to otter communities to purchase necessary
Ice time .
City Council Minutes 18 October 4, 1988
- Mizell stated that charitable gambling was not a new
concept to hockey associations, with approximately 59
Minnesota communities already using pull tabs for funding.
Mizell believed that gambling or a 2nd sheet of ice were
not the issues; but to give the children an opportunity to
participate in whatever sport they choose .
Pidcock asked Mizell if both boys and girls participated
in hockey. Mizell stated that currently there were not
girls in the Eden Prairie programs; however, girls were
not discouraged from participating.
Harris asked Mizell what revenues were expected to be
generated from the pull tabs . Mizell replied
approximately $50, 000 per year .
Bentley asked Mizell how he proposed to help specifically
the children who needed financial assistance and how would
it be determined who needed help. Mizell replied that
specific details had not been proposed at this time;
however, registration fees had been subsidized in the
past .
Peterson asked Mizell if the intent was to reduce the
overall costs to all those participating. Mizell said
HAEP would like to be able to reduce the registration
costs . Peterson asked City Attorney Pauly if reducing the
registration for all those participating would conform
with the charitable gambling regulations . Pauly replied
that the Statute was very broad in its language. City
Attorney Pauly read the Statute to the Council and stated
that he believed that HAEP 's proposal would fall within
the guidelines .
Harris asked Pauly if annual licensing was required and if
the license could be reviewed on a yearly basis . Pauly
replied that the license had to be renewed by the State
Gambling Board; however, it was not required to come
before the local government body. Harris asked if an
annual review by the Council could be a condition placed
for granting the license . Pauly believed that a condition
could be written as part of the license . Harris stated
that she was sympathetic to what HAEP was trying to
accomplish and did not see any reason why the proposal
should not be considered positively.
Pidcock stated a concern about setting a precedent .
Pidcock said that by giving one group permission other
groups would follow. Harris stated that HAEP had come
before the Council with a request, and that each group
making such a request should be reviewed on its own merit .
Harris believed that HAEP 's proposal had merit in the
sense of helping youths who would otherwise not be able to
participate. Harris believed that by reviewing the
City Council Minutes 19 October 41 1988
license at designated intervals the City would have the
necessary controls . Pauly stated that after looking
further into the State Statute there was a provision for
local reviews .
Anderson stated that after talking with residents he found
that there were mixed feelings regarding the gambling
Issue. Anderson was concerned about the precedent being
established . He said that Eden Prairie was not a
depressed area and he was concerned about supporting youth
athletics with gambling money. Anderson concerned about
the numbers of other activities which would come before
the Council with the same request. Anderson said that he
would not oppose the Lions Club or the Rotary Club
requesting a charitable gambling license because the money
would go to several areas in the community.
Harris believed that the proposal served a social purpose .
Harris stated that if this funding could help construct a
second sheet of ice then another purpose was being served .
Anderson questioned if funding for a second sheet of ice
was part of the proposal . Peterson commented that the
Council had not heard specific details regarding the
distribution of money. Mizell stated that HASP had first
wanted to gain the approval for the license. Mizell said
that specifics had not been worked out; however, a major
portion of the funds would go toward the construction of a
second sheet of ice.
Peterson asked Mizell to furnish the Council with what
percentage of the funds would go toward subsidizing the }
participants and what percentage would go toward a second
sheet of ice.
Pidcock stated that she might review the proposal
differently if a percentage was to be allocated for a
second sheet of ice .
Mizell stated that many of the teams can not get decent
ice hours . He said that the little children have to skate
at 5AM. Mizell stated that by getting a second sheet of
ice HASP could expand the programs available and provide
decent hours .
Bentley stated that if the City could have received enough
support from HASP the 1987 bond referendum probably would
have passed . Bentley believed that a bond referendum was
the correct and quickest way to have a second sheet of
Ice . Bentley was opposed to having an organization owning .
the second sheet of ice; however., HASP could certainly
donate money to the City for the construction of a second
sheet of ice . Bentley stated that operating expenses for
( a sheet of ice wexe costly.
City Council Minutes 20 October 4, 1988
Bentley questioned if HAEP had exhausted every other
possibility to raise funds . Bentley commented that the
pulltab proposal would fund a youth activity in which only
adults could participate . Bentley believed that HAEP
needed to provide the Council with more information
regarding how the funds would be distributed and policed .
He would like to be informed about how other communities
break down the distribution of funds .
Petetson stated that he would like more information and
more comments from residents . Peterson stated that he
would not vote in favor of the license if the fees were to
be reduced for every hockey participant .
Tom Bushard, 8750 Darnel Road, stated that the State
governed the controls placed on HAEP . He commented that
HAEP had the State 's approval . Bushard stated that
Information had been submitted twice .
Bentley stated that based on the information presented to
date he would vote no. j
Mizell stated that HAEP would provide the information
requested . Mizell commented that he too would have
preferred to get a second sheet of ice through a
referendum; however, he did not believe it would pass .
Mizell said that the purpose of tonight's presentation was
to obtain feedback from the Council .
Doug Tenpas,10005 Amsden way, asked what types of fund
raising had been tried already. Mizell replied that the
main fund raising was done by the "Hockey Moms" and that
last year they had raised approximately $13,000 from candy
sales . Tenpas asked how many families in the Community
were involved in hockey and how many more would be
involved if assistance could be provided. Mizell replied
that 500 children were currently registered . Mizell said
that it was difficult to determine how many more families it
would participate if funding was available . Mizell stated
that in the past special payment arrangements were made
and HAEP had tried to be as flexible as possible .
Tom Krmpotich, 10456 Devonshire Place, stated that
Bloomington Hockey Association sponsored the sale of
calendars, which was another form of gambling. He did not
believe that a precedent was being set since charitable
gambling had been done in other communities before .
MOTION:
Bentley moved, seconded by Anderson to refer the
charitable gambling issue back to Staff and have the item
presented again when the appropriate information had been
submitted . Motion carried unanimously.
City Council Minutes 21 oct obey 4, 1988
H. Communication from Marc and JoAnn Severson revuestinS
Screening from OjjFranlQ Road
Marc Syverson stated that he wished to address the issue
of grading on Franlo Road and the use of the adjacent
property for the dumping of fill, which had a financial
benefit to the City, the developer, the residents along
Franlo Road . Syverson stated that an agreement had been
reached after the August Council meeting that designated
trees would be left untouched . He said that the trees had
now been removed and new plantings had not been placed on
the berm. Syverson believed that the excavation had
affected his property. Syverson believed that a breakdown
In communication had occurred between the contractor and
the City of Eden Prairie . Syverson stated that the intent
for coming before the Council was to see what can be done
regarding the screening of the property, what can be done
to assure that the grading was done properly, and that
drainage would not become a problem for his property.
d
Dietz replied that Syverson had met with members of Staff
regarding these issues. Dietz believed that what had been
agreed to at the Council meeting was that the City would
make every effort to make sure that drainage problems were
not created and that the land would not be allowed to grow
back to weeds . Dietz stated that the Staff had met on the
site and that conversations did occur after the Council
meeting between Syverson and the contractor regarding
relocating trees on the berm . Dietz stated that after
discussions with the City Forester it was determined that
the trees in question could not be transplanted . Dietz
stated that the transplanting of trees was discussed only
on a Staff level and was not a promise made by the
Council . Dietz stated that it was determined that the
likelihood of the willow and boxelder trees surviving was
slim. Dietz stated that Staff had spent a considerable
amount of time on the site. He said that several trees
closer to the Syverson property had been saved . Dietz
stated that the grading of the site was not complete .
Dietz believed that what had been done on the site did not
run contrary to the Council ' s wishes .
Peterson stated that he did not recall talking about
saving specific trees.
Syverson stated that there were not boxelder trees in the
cluster of trees to be saved . He said that after meeting
with Lee Johnson, the contractor and Jeff Johnson of the
City's Staff everyone had agreed that the trees could be
left without jeopardizing the future development of that
property. Syverson stated that the City Forester had told
him the trees could be saved even if the level of the land
were increased.
City Council Minutes 22 October 4, 1988
Peterson asked Syverson what he vas asking the Council to
do . Syverson replied that he was requesting some type of
screening from Franlo Road .
Pidcock asked if the City could provide trees on the berm.
Lambert replied that the trees would have to be taken from
the City nursery.
City Manager Jullie suggested that the matter be referred
back to Staff .
Ray Hoveland, 11924 Joy Circle, stated that at the Council
meeting Director of Public Works Dietz had replied to a
question from Councilmember Anderson that there would not
be a drainage problem created for his property. He said
that one week after the Council meeting the contractor had
graded approximately 20 feet onto his property. After so
informing the contractor, the contractor replied that he
was just doing what the City had instructed him to do . He 4
said that the contractor had said that the property was an
outlot . Hoveland stated that a City surveyor had come out
and concluded that the grading had occurred on my
property. He said that the dirt was currently 8 feet
above the berm. Hoveland stated that Franlo Road was nov a
completely graded and still mountains of dirt were on his
property. Hoveland questioned what was going to be done
and when.
Peterson stated that the problem would not be resolved
tonight . He said the matter would be directed back to
Staff .
Bentley questioned if the contractor doing the grading was
the City's contractor or a contractor hired by the
property owner . Dietz replied that it was the City's
contractor.
City Council Minutes 23 October 4, 1988
MOTION •
Harris moved, seconded by Anderson to refer this matter
back to Staff to determine the exact facts and
circumstances surrounding both properties and to determine
the appropriate action for relief by the next meeting .
Motion carried unanimously.
C. Request fQX Licuor License for Ciatti ' s Italian Restaurant
MOTION:
Anderson moved, seconded by Harris to grant an on-sale
Intoxicating liquor license to Ciatti 's, Inc. Motion
carried unanimously.
MOTION :
Bentley moved, seconded by Harris to direct Staff to
establish a criteria for further issuance of licences .
Motion carried unanimously.
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VIII . REPORTS OF ADVISORY COMMISSIONS
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IX . APPOINTMENTS
X. REPORT OF OFFICERS, BOARDS A COMMISSIONS
A. Re20Xt* of ggUngil Members
B. R§2ort Qf CLty Manager
1 . 1989 City Budget Rsvityl (Resolution No. 88-230)
Continued from 9/14/88
Bentley stated that the memo from the Director of Human
Resources 6 Service did not directly address the issue
that he had questioned regarding how and if the City was
going to fund human service matters. Bentley believed
that the City should not fund the human service
organizations unless it could be determined that a benefit
could be seen in Eden Prairie . Bentley was concerned
about the implication of the memo that the amount spent
was small and should not be a matter of concern. Bentley
believed that this was an issue to watch.
Harris believed that this memo had been misinterpreted .
Harris questioned what the City would be able to offer if
the human service funding was stopped . Harris stated that
the funds are in conjunction with four other communities.
Anderson stated that all the organizations listed as
receiving the funding were tried and proven organizations .
Anderson believed that the City did use the programs.
City Council Minutes 24 October 4, 1988
Bentley stated that he was not in opposition to any of the
programs . Bentley believed that the County and the State
should be responsible for these programs . He believed
that if the funding was for a private organization
specific criteria for funding should be approved by the
Council .
Peterson stated that he understood Councilmember Bentley's
position; however, services are being decentralized which
would increase the responsibility to communities .
Peterson said that the Human Rights 6 Services Commission
believed that the organizations listed did have a direct
Impact the well-being of the residents of Eden Prairie .
Peterson stated that he did not want the City of Eden
Prairie to get involved generously in any kind of welfare
programming; however, when the Human Rights & Services
Commission stated there were residents in need of the
services offered, then he believed the expenditure to be
appropriate .
Harris commented that the alternatives could be very
costly.
Pidcock asked Bentley if he concurred with the
recommendation to go with the Hewlett Packard Computer and
Epson printers . Bentley believed that Staff ' s choice was °
an excellent one .
Pidcock stated that she would like to see the item
regarding the cablecasting of Council meeting deleted from
the budget . Pidcock questioned the need to have the
meeting televised at this time .
Peterson believed that the cablecasting was needed . ;.
Peterson asked Jullie what percentage of the residents had
access to cable . Jullie replied approximately 80% of the
community had the opportunity available to connect to
cable with approximately 50% actually connected.
Bentley believed that cablecasting could be an excellent
tool in improving the communication with the residents of
the City. He stated that the equipment was expensive;
however, it could be utilized in other areas. Bentley
believed that it should be kept in the budget .
Pidcock believed that the only benefit would be to shut-
ins . She commented that she had received negative
responses to the expense involved in providing the
service .
Harris stated that she would feel more comfortable if
there was more of a demand.
City Council Minutes 25 October 4, 1988
Peterson stated that the cablecasting would be an
effective means of communicating with the residents .
Peterson believed that the residents would like to know
what goes on at the Council meetings . Peterson stated
that he was committed to doing the cable:casting_
Anderson stated that the City was moving into the 21st
century and that communication was going in this
direction. Anderson believed that the capacity as a
communication tool was important .
Pidcock believed that the money could be put to better
use .
Bentley complimented Captain Jim Clark on the memo
regarding staffing of the police force .
MOTH
Bentley moved, seconded by Anderson to adopt Resolution
No . 88-230 with the changes that Staff had indicated .
Motion carried unanimously.
Pidcock stated that she approved the Resolution with the
exception of the cable Tv.
f 2 . Fund ing Reagest from Assgglation, of fttronol itan
` Municipalities
tiOTI ON :
Pidcock moved, seconded by Harris to approve the request
from the AMM for funds to develop computer analysis
capability of property tax proposals and government aid
formulas . Motion carried unanimously.
3. HecomMCndMtjgn _2j Financial Consultants for the City of
Eden prairie
MOTION
Bentley moved, seconded by Harris to recommend that
Springsted, Inc . be retained as the City's financial
consultant.
Pidcock asked Jullie why only two companies had been
considered . Jullie replied that those considered were
Interested in the community and one of the companies had
worked with the School District . He said that
Springsted's clients included several cities which were in
the same mode as Eden Prairie.
Motion carried unanimously.
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City Council Minutes 26 October 4, 1488
C. Resort of City Attorney
D . Re a of _Director of Planning
E . QiregtoK gf Parks. BecXeatLon 6 N!atursil Regources
1 . Pet itio from Rrs den!;s Along Duck Lake TKa i j to
Eliminatef the H kew ike jeatb
Lambert stated that the petition from the residents was
discussed at the Park, Recreation & Natural Resources
Commission meeting last night . He reported that the
Commission recommend that the 4 ' concrete sidewalk be
taken out and an 8 ' bituminous trail be constructed .
Anderson believed that the trail needed to be upgraded .
He said that currently the trail was narrow and dangerous . r
a
NOTION
Anderson moved, seconded by Harris to approve Staff
recommendations to install an 8 " bituminous trail along
Duck Lake Trail between Duck Lake Road and Barberry Dane .
Bentley asked Lambert how the sidewalk was originally paid
for . Lambert replied that he believed the sidewalk was
included as part of the development costs . Bentley said
the residents then had actually paid for the sidewalk
through assessments . Bentley cautioned the City in areas
similar to this one where the residents had already paid
for the sidewalk and then the City says now it does not
meet the standards . He said that now the City as a whole
Is paying for the trail in this area.
Motion carried unanimously.
F. Report gf Director of Public Works
1 . ApRrove 1!1!2Ds and ARegifigations and o,ragr.
(Resolution No . 88-217)
hQT are
Harris moved, seconded by Pidcock to adopt Resolution No.
88-217 . Motion carried unanimously.
2 . Prairie View Drive Sod Restoration
Dietz reported that the City had purchased sod for the
properties along Prairie View drive which had been
discussed at the Special Assessment Hearing and that the
property owners were to be responsible for the
t
City Council Minutes 27 October 4, 1988
Installation of the sod. Dietz stated that Staff
recommended that a minimum $100 credit be given as a
credit against the Special Assessment. He said that the
credit would increase in $50 increments based on the
amount of the sod that had been taken care of .
G . Regort of Finance Dire!;tor
IX . [EX BusrNESS
X . ADJOURNMEtiT
Meeting adjourned at Midnight. i
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