City Council - 04/04/1989 y
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Y
EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
TUESDAY, APRIL 4 , 1989 7 : 50 PM CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS : Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock , and
Douglas Tenpas
CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant
to the City Manager Craig Dawson, City rt
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation & Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund 5
PLEDGE OF ALLEGIANCE a
ROLL CALL : All Members Present
1 . APPROVAL_ OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION :
Pidcock moved, seconded by Harris to approve the Agenda as
amended .
ADDITIONS :
ADD Item K to the Consent Calendar, Resolution No . 81-68
Approving the Final Plat for Elim Shores . ADD Item X .A. 1,
Public Access to Mitchell Lake and Red Rock Lake . ADD Item
X.A. 2, Traffic Fatality on Anderson Lakes Parkway. ADD Item
X.A. 3, Recyclable Packaging. ADD Item X.A. 4, Personal Comment
by Tenpas . ADD Item X .A. 5, City-wide Clean-up Day. ADD Item
X. A . 6, Waste Management Commission Report . ADD Item X .A. 7,
Confirmation of Meetings Scheduled for the City Council with
Boards and Commissions . ADD Item X.A. 8, Personal Comment by
Harris.
Motion carried unanimously.
II . MINUTES
III . CONSENT CALWJ
A . Clerk 's License List,
B . ELIM SHORES by Elise Homes, Inc . 2nd Reading of Ordinance
No. 56-88, Zoning District Amendment within the RM-2 . 5
Zoning District on 8 . 36 acres; Approval of Developer 's
City Council Minutes 2 APRIL 4 , 1989
Agreement for Elim Shores; and Adoption of Resolution No .
89-36, Authorizing Summary of Ordinance No . 56-88 and
Ordering Publication of Said Ordinance . 8 . 36 acres into 3
lots for construction of a 64-unit senior housing
development . Location: West of County Road 4, east of
Mitchell Lake (Ordinance No . 56-88-Zoning District
Amendment; Resolution No . 89-36 - Authorizing Summary and
Publication)
C. Final Plat Approval for Boulder Pointe (located west of
Mitchell Road and east of Red Rock Lake ) Resolution No .
89-61
D. Approve Agreement with Chicago and Northwe,steXn
Transportation Company for watermain installation on CSAH
4 (Resolution No . 89-63)
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E. Apprgve PIsIns and Specifigations for Street Improvements
on Hamilton Road and buthorizebg Rggglygd. I . C . p
52-L31 (Resolution No . 89-64 ) }
F. Receive F_ Study forw f
Improvemgnts and Set Public Hearing, I .C. 52-152 �
(Resolution No . 89-65)
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G. Change Order No . 5, Fire Stt i ons Contract
H . jaes9lution N - 6 H ty Egong iic
Development Consortium
I . Change Order Ng , I fox t1!@t5jtor1um Remodelling
J . "Spring fro m " -
and Eden egair a Community Center
K . A=Kgye F o .
MOTION:
Harris moved, seconded by Pidcock to approve Items A
through K on the Consent Calendar .
Jullie reported that Randy Travalia had requested to
address the Council regarding Item C.
Randy Travalia, representing Mason Homes, Inc. , stated
that the proponent was in total agreement with all of the
Staff recommendations, with the exception of No. 5, which
requested the revision of the street names . Travalia
requested that the Plat be approved with the names as
proposed, Boulder Pointe Road and Boulder Rise . He noted
that the Police Department had recommended the names be
changed because of the potential for confusion by
emergency vehicles due to the existence of a street with a
City Council Minutes 3 APRIL 4, 1989
similar name. Travalia believed that the numbering system
( would be an aAq-r =te m .i t Q�-s .,..a :
7 nc aciciea that Boulder
Pointe Road would have 15000-block and that Boulder Rise
would have 4-digit numbers .
Jullie reported that a street called Boulder Bay Road was
located in the northeastern portion of the city and that
Staff was concerned about the possibility of people not
familiar with the city being confused by streets with
similar names, especially in emergency situations . Jullie
added that this would not conform with the City' s policy.
City Engineer Alan Gray, stated that the Police Department
had experienced residents calling for help in emergency
situations were easily confused and did not always give
the entire nacre of the street; therefore, the policy was
not to allow the use of similar root names in choosing
street names . Gray added that Staff had hoped that the
street names used in this subdivision would compliment the
division.
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Pidcock stated that the City had already asked the
proponent to change the name of the subdivision.
Peterson stated that the City was far beyond the point of
s
being able to be completely original when chosing street
names, there were several streets which had Eden as part
of the name . Peterson added that he was comfortable
allowing the names as proposed by the developer.
Anderson asked Jullie how the address appeared when a 911
call came into the Police or Fire Department . Jullie
replied that the entire address appeared on a screen;
however, the confusion could take place with the emergency
vehicle drivers . Jullie added that this was not as big a
problem since the development of 911. Anderson asked
Jullie how many mistakes had been made in the past because
of addresses . Jullie stated that he could recall only one
Instance.
Harris stated that the difference in the numbering systems
would be a sufficient distinction and she was comfortable
allowing the nacres as proposed by the developer.
MOTION
Pidcock moved, seconded by Tenpas to amend Item C to
permit the use of the street names as originally proposed
by the developer as Boulder Pointe Road and Boulder Rise .
Motion carried unanimously.
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City Council Minutes 4 APRIL 4, 1989
ITEM J
Harris 'tic's pleased to ace the "Spring a is tv .ausuu.cL +. a....m C:.
the Consent Calendar .
Peterson thanked Staff for the background information
provided on this item.
Motion carried unanimously to approve the Consent
Calendar .
IV. PUBLIC HEAR
A. BLUFFS BEST 7TH ADDITION by Hustad Development . Request
for Zoning District Change from R1-13 .5 and R1-22 to R1-
13 . 5 on 4 . 66 acres , and Preliminary Plat of 26 . 3 acres
Into 11 single family lots, 2 outlots, and road right-of-
way. Location : North of Bluestem Lane , north of Bluestem
Hills 5th Addition . (Ordinance No. 9-89 - Rezoning :
Resolution No . 89-30 - Preliminary Plat ) Continued from
March 21, 1989
Jullie reported that this item had been continued from the
March 21, 1989 meeting .
Mary McCawley, representing the proponent, presented
revised plans which had been agreed upon by Hustad
Development and David Nelson. McCawley stated that the
revised plan did not affect the grading or tree loss
signi f scantly. She added that a variance would be
required for front footage on Lot 5 .
Enger reported that Staff had mot with the proponent and
the owner of the adiacent property to the north. Enger
noted that the two flag lots proposed and Lot 5 would be
reviewed by the Board of Appeals. Engex believed the
revised plan to be the best compromise.
Peterson asked Enger what rationale would be presented to
the Board of Appeals to support the variance request .
Enger replied that the plan being presented was a better
site plan which would reduce grading and would save
additional trees .
Anderson asked Enger what the size of the building pad
would be . Enger replied 80 feet deep by 90- to 100-feet
vide . Anderson asked how big the houses would be which
would go on these lots . He added that his concern was
that the larger homes on this size lot typically limited
the number of trees saved . Enger replied that with lots
of this size the owner utilized the entire lot .
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City Council Minutes 5 APRIL 9, 1989
MOTI gu:
Pidcock moved, seconded by Harris to close the Public
Hearing and approve 1st Reading of Ordinance No . 9-89 for
Rezoning . Motion carried unanimously.
MOTION:
Pidcock moved seconded by Harris to adopt Resolution No .
89-30 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement incorporating
Commission and Staff recommendations . Motion carried
unanimously.
B . WOODLAND PONDS by Michael Halley Homes, Inc. Request for
Zoning District Change from Rural to R1-9 . 5 on 20 acres,
Preliminary Plat of 20 acres into 99 single family lots, 1
outlot, and road right-of-way. Location: East of Juniper
Lane extension, north of County Road 1 . (Ordinance No .
11-89 - Rezoning; Resolution No. 89-62 - Preliminary Plat )
Jullie reported that notice of this Public Hearing had
been sent to owners of 111 surrounding properties and
published in the March 22, 1989 issue of the Eden Prairie
News .
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John Uban, representing the proponent, stated that the
property had several constraints which had not been a
anticipated originally. Uban said that the proponent had
worked with the neighborhood related to the park i
development and the development of a trail system r
throughout the subdivision . Uban noted that access to the
subdivision would come from Juniper Lane and Pioneer
Trail . He added that the road system had been adjusted to
meet the County standards . Uban stated that berming and
additional screening would be provided along Pioneer Trail
and added that 2 to 3 trees would be planted on each lot .
Uban explained that the drainage plan for the site
depicted the two ponds connected by a storm sewer system
which would drain into Bloomington . He said that the
sanitary sewer would be extended through the Hustad
property and added that a written agreement to this effect
would be obtained before the final approval by the City
Council . Uban concluded by stating that he believed the
park would be a great asset to the subdivision and the
City.
Enger reported that this item was reviewed by the Planning
Commission at its March 13, 1989 meeting and approval was
recommended on a 5-0-0 vote, subject to the March 10, 1989
Staff Report . He added that the plans had been revised in
accordance with the Staff recommendations . Enger noted
that the retaining walls required must be reviewed by the
Building inspections division. Enger said that Staff
City Council Minutes 6 APRIL 4, 1989
anticipated the need for bypass lanes along County Road #1
to provide safe access . Enger reported that one lot would
require a variance for front footage .
Lambert reported that this item had been reviewed by the
Parks, Recreation & Natural Resources Commission at its
March 6, 1989 meeting and recommended approval of the plan
based on the Staff Report dated March 1, 1989 . Lambert
noted that the trail around the pond had been removed
because the Parks, Recreation & Natural Resources
Commission did not believe a trail was necessary in this
location. Lambert stated that the Parks, Recreation &
Natural Resources Commission recommended taking land in
lieu of Cash Park Fees .
Peterson asked Gray if the realignment of County Road 18
and County Road 1 would affect this project . Gray replied
that the changes would occur east of this subdivision;
however , it would impact the proposed Hustad development .
Peterson asked if the revision to County Road 1 would
encroach on the berming and planting being proposed . Gray
replied that the right-of-way would be 50 feet and should
not affect the berming.
Tenpas commented that consideration needed to given to
reduce the speed limit on County Road 1 . Gray replied
that the City had requested a speed reduction before and
the County denied the recommendation.
Pidcock asked how high the berming would be . Uban replied
the berm would be 4 to 6 feet high.
Pidcock asked Gray if Staff had any objection to the cul-
de-sac . Gray replied that the only alternative would be a
connection to County Road 1, which would not be
recommended because of the sight distance .
Pidcock asked Uban what the price range would be for the
homes . Uban replied between $140,000 and $200,000 .
Peterson asked Gray if this project would affect the
drainage in the area . Peterson added this area had a
history of water problems . Gray replied that a request
for a feasibility study would be before the City Council
in two weeks and added that an additional pond would be
recommended to the south of County Road 1 which would
connect to this development .
Pidcock asked if there would be a problem with the name
Woodland Ponds when there was already a subdivision named
Hidden Ponds . Gray replied that Staff did not have a
problem with the plat name . Michael Halley replied that
the name had been approved by Hennepin County.
City Council Minutes 7 APRIL 4, 1989
Anderson asked Gray where the natural drainage for the
pond to the north was located . Uban replied that the
uialriage c::u►nc5 LLum Cite north into the two ponds and will
eventually outlet to the new southern pond. Gray replied
that this was an outlet controlled structure, with the
second pond overflowing into the third pond . Anderson
asked if it would be better to allow the flow to occur
naturally through the existing swale . Gray replied that
the piping would maintain the level of the pond and added
that without this control system the trees adjacent to the
ponds would be lost. Lambert stated that to allow for a
natural flow the pond elevation would have to rise 10
feet, which would kill the trees.
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MOTION : r
Harris moved , seconded by Pidcock to close the Public
Hearing and approve 1st Reading of Ordinance No . 11-89 for
Rezoning. Motion carried unanimously.
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MM ON:
Harris moved , seconded by Pidcock to adopt Resolution No.
89-62 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement incorporation
Commission and Staff recommendations. Motion carried
unanimously.
C. FLIM SHORES Modif led Tax Increment Financing Plan
(Resolution No . 89-67)
MOT I OK-:
Pidcock moved, seconded by Tenpas to close the Public
Hearing and to adopt Resolution No . 89-67 giving approval
to a Modified Tax Increment Financing Plan for the Elim
Shores protect. Motion carried unanimously.
V. PAYMENT OF' CLAIMS
NOTION:
Anderson moved, seconded by Pidcock to approve Payment of
Claims No . 49745 through No . 50019 . ROLL CALL VOTE:
Anderson, Harris, Pidcock , Tenpas, and Peterson all voting
"AYE" .
VI . ORDINANCE i BrSOLUTI4NS
V11 . PETITIONS, RFQU TS CQ► MUN'J Ch'I QNg
A. Request from Lions Club regarding Charitable Gambling
( License Application (continued from March 21, 1989 )
City Council Minutes 8 APRIL 4, 10-89
The Lions Club submitted a letter asking the Council
consideration of its charitable gambling license request
be continued to the Council 's April 18, 1989 meeting .
Ha;or Peterson so ordered this continuance .
Council wished to have general discussion on the topic of
charitable gambling.
Harris believed that this request would be the first of
many requests for charitable gambling and recommended that
Staff look at various option to regulate gambling in Eden
Pra i r ie .
Anderson stated that the State Legislation had changed
some of the gambling laws and recommended that before
making any decision he would like to know what the
benefits of charitable gambling would be for City, the
pros and cons of all types of gambling, and exactly what
are the types of gambling permitted . Anderson questioned
If by eliminating gambling entirely would the Community be
hurt .
Harris believed that the City needed to treat all groups
equitably. Harris questioned if there was any difference
in granting a charitable gambling license to the Legion
versus the Lions Club. Harris added that before making
any decision she would like to have Staff examine the
possibility of a means to control. the process .
Peterson suggested the appointment of and ad hoc
committee; however, he was concerned if adequate time
would be allowed for a response due to the time constraint
placed on the City by the Lions Club request . Peterson
noted the alternatives before the Council : I ) vote no, 2 )
do nothing and let it pass automatically, or 3) to ask the
Lions Club to withdraw the request and resubmit .
Tenpas questioned what type of image the City wanted to
project. He commented that: he was not opposed to
gambling . Tenpas said that at the Legion the gambling was
confined to its members and to its building. He added he
was not comfortable with gambling at Greenstreets . Tenpas
recommended a Public Meeting to hear the residents
comments .
Anderson believed the Council needed to be informed and to
know what options were available before making a decision.
Pidcock asked if Edina had pul ltabs . Frane replied that
Edina did not sell pulltabs because typically they were
sold in cn-sale liquor establishments and Edina did not
have on--sale liquor .
City Council Minutes 9 APRIL 4 , 1989
Tenpas believed that asking the Lions Club for a 90 day
extension was reasonable .
Pidcock favored an ad hoc committee .
MOTION •
Pidcock moved, seconded by Anderson to appoint an ad hoc
committee of seven members to review the gambling issue.
The Council 's recommendations for committee members would
be available at the April 18, 1989 meeting . Motion
carried unanimously.
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Peterson asked Staff to write to the Lions Club and the
Legion to ask for withdrawal of their requests at this
time.
Anderson stated that there was a difference between a
renewal of a license for the Legion and a request for a
license by the Lions Club. Anderson did not believe the 4
City had the right to pull the license from the Legion
without just cause .
vIII . REPORTS OF ADVISORY COMMISSIONS
IX . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports-of Council Members
1 . Public Access for Red Rock flake and Mitchell Lake
Pidcock asked why the City did not consider the accesses
to Red Rock Lake and Mitchell Lake public accesses .
Lambert replied that the DNR defined a public access as
having the same access to the lake as a lakeshore property
owner . Lambert added that these lakes did not have a
place where the public could launch a boat .
Harris commented that the letter sent to Mr . Eames was
educational and suggested it be published in the news
media . Lambert stated that the letter would have to be
revised for the media .
Anderson believed that Mitchell Lake was an asset to the
community and was disturbed to think that the City could
not keep the natural resource from dying out because of
the laws .
Peterson commented that it was not a community resource at
this time, but rather a private amenity.
Anderson stated that access was obtainable and it was a
public lake . He added that he regretted the fact that
. nothing could be done to help the fish . Lambert replied
City Council Minutes 10 APRIL 4, 1989
that an aeration system could be used if approved .
Anderson stated that he would like to know what an
aeration system would cost .
Peterson asked Lambert when the City would get a public
access for Mitchell Lake . Lambert replied 1990 .
2 . Anderson Lakes Parkway Fatality
Council discussed a traffic fatality which occurred on
April 2, 1989 on the east side of the intersection of
County Road 18 and Anderson Lakes Parkway. A 12-year-old
boy riding his bicycle was struck by a vehicle and killed _ b
Pidcock asked If there was a bike path in the area cif
Anderson Lakes Parkway and County Road 18 which the child
could have used .
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'den as stated that the accident had hap
pened peened on the
Bloomington side of County Road 18 . He added that because
of the increased development in this area and due the
speed of the traffic any accident had the potential to
create serious and/or fatal injury.
Pidcock asked if the City Council could do anything .
Anderson stated that Eden Prairie 's trail system ends on
the north side of Anderson Lakes Parkway because of County
Road 18 . Jullie replied that residents needed to write to -.
the County and request the intersections be upgraded .
Pidcock asked if signs could be placed, which stated
"accident reduction zone" . Peterson replied that the City
needed to have a program established first .
Anderson stated that approximately one year ago he had
made a motion to request the speed limit be Towered on
County Road 1 and that since that time 2 fatal accidents
have occurred . Anderson believed that the 2 fatalities
should justify another request.
MOTION :
Anderson moved, seconded by Pidcock to direct Staff to
write a letter to the County requesting a reduction in
speed for County Road 1 and County Road 18 and to upgrade
the intersection at County Road 18 and Anderson Lakes
Parkway. Motion carried unanimously.
Tenpas asked what the County' s Justification was for not
lowering the speed limit . Jullie replied that the County
believed that traffic patterns had to change, that it was
not enough to just change the speed limit sign .
Pidcock asked what the Police Department 's policy was for
monitoring speed limits . Jullie replied that the police
City Council Minutes 11 APRU 4 , 1989
would go into a neighborhood upon the request of neighbors
and concentrate on that area heavily fora short period of
time; however, the police found that the effect was short-
lived .
3. Recyclak?le Packaging
Pidcock believed that Eden Prairie should follow the lead
of Minneapolis and St . Paul to adopt a Resolution to ban
styrofoam in the stores .
Pauly presented an Ordinance adopted by Minneapolis, which
prohibited the sale of foods not packaged with
environmentally-acceptable packaging . The acceptable
packaging was biodegradable , refillable, and recyclable .
He added recyclable packaging would be defined under a
program established by the City. Pauly noted that the
Ordinance would not take effect until mid-1990 . Pauly s
stated that the packaging industry was concern about
distribution to various cities if the individual cities
could regulate packaging.
Anderson stated that it was a bold step and he would like
to see Eden Prairie be one of the first suburban Y
communities to support this type of action.
Harris stated that she would be more comfortable with the k
support of other south metro communities .
Tenpas believed it would be a great step.
Peterson stated that he would prefer the matter be
presented to the Waste Management Commission for review
before Council taking action. Peterson questioned if
there would be a hazard in burning the plastic . He added
that he would not vote in favor of what was being proposed
because he did not believe the Council was aware of all a
the facts .
Anderson stated that the Resolution could always be
amended . Anderson believed that this action would give
industry the incentive to push toward recycling . Anderson
stated that he would like to give Minneapolis credit and
would like to be a part of the push to promote recycling .
Tenpas believed this would be a first step toward cleaning
up the environment .
Pidcock stated that this action would let residents know
that the City is serious about recycling.
Pauly noted that the Minneapolis Ordinance was not in a
form which could be adopted by Eden Prairie .
City Council Minutes 12 APRIL 9 , 1989
Jullie suggested a resolution urging strong support of the
Minneapolis ordinance .
tIOTION
Pidcock moved, seconded by Anderson to adopt a Resolution
similar to that of the Minneapolis Ordinance relating to
Environmentally Acceptable Packaging and be presented to
the City Council by the May 2, 1989 City Council meeting .
Pauly noted that currently a committee in the State House q
of Representatives was considering action which would
prohibit cities from passing this type of ordinance . F
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Tenpas stated that the public sentiment on recycling had
never been greater and believed the time was right to take a
action.
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Pidcock stated that the problem was not just local, but a
state, national, and international problem.
Harris was concerned about the cost to Eden Prairie
consumers and merchants which could be ameliorated by a
consortium of cities in the western suburbs coming
together to create a common market area in order to make
alternatives attractivA .
Tenpas recommended passing the ordinance and then talking
to other communities to follow suit .
Pidcock believed the City needed to send out a message .
Peterson stated that he would note "No" due to lack of
information and because this item was added to the agenda .
Motion carried 3-1-1 . Peterson voted "NO" . Harris
abstained .
9 . ersona comment by Tenpas
Tenpas commented that he had participated in the Red Cross
Swim-A-Cross and found it to be a rewarding volunteer
experience in which other Councilmembers should consider
participating.
5 . Citv_Wida ..= 0ut) Day
Anderson oFfered a challenge to the other Councilmembers
to participate in the City-wide Cleanup Day on April 15,
1989 . He believed that it was important for the City
leaders to do their share . Anderson suggested that each
Councilmember pick a park close to his or her residence
and to inform the residents through the news media to help
their Councilmembers clean up the City.
City Council Minutes 13 APRIL 4, 1989
6 . Waste Management Commission
Peterson commended the Waste Management Commission on its
work thus far . Peterson asked Dawson if the County would
designate the City's waste to go to Reuter Recycling .
Dawson replied that it would not, and that if the City had
a contract prior to the County having its designation
ordinance take effect on June 1, 1989 the City's contract
would take precedence.
7 . Schedule for Meeting with Commis ign end Boards
MQTION •
Harris moved, seconded by Pidcock to approve the dates as
scheduled for the meetings with the Commissions and
Boards . Motion carried unanimously.
8 . Personal CoMment by Karr i,
Harris shared with the Council an award presented to her
by the Phillip Morris Company. The award was the part of
the First Annual Serwa Awards . Harris explained that
serwa meant noble woman. Harris also shared a picture
taken with President Reagan as part of a special committee
she had participated in.
B . ttepgrt of City Hanaggr
1 . Par!;Igiyationt
of Richfield and Bloomington
Jull ie reported that the cities of Richfield and
Bloomington would like Eden Prairie and other south metro
cities to participate in a review of the original Airport
Adequacy Study, He added that there was concern about the
conclusions for relocation of the airport and the economic
Impact to Eden Prairie . Jullie stated that the cost would
be approximately $10, O00. He added that other cities were
being asked to participate, which could lower the cost .
Peterson stated that the intent was not to review the
recommendations, but to focus on data that was already
gathered which had not been given sufficient attention .
Peterson did not believe that the economic impact vas
given adequate consideration.
City Council Minutes 19 APRIL 9, 1989
MgT I O :
Harris moved, seconded by Anderson to authorize the City
of Eden Prairie to participate in the Airport Studv as
proposed, subject to Staff recommendations . Motion
carried unanimously.
C. ReDgrt of City Attorney
D. Report of DirSckor of Planning
E . irector of Parks,, Recgeation & Natural Resources
F. RC2Qrt of Qixecrgr of E!ublic Works
G. 8920rt of Finance Qirector
X . NE-1 BUSINESS
XI . ADJOURNMENT
MOTION:
Pidcock moved, seconded by Harris to adjourn the meeting at
10: 00 PM. Motion carried unanimously.
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