City Council - 08/15/1989 EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
TUESDAY, AUGUST 15, 1989 7: 30 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
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
PLEDGE OF ALLEGIANCE
Y
RDLL CALL : All Members Present
I . APPROVAL OF AGEk!DA ACID OTHER ITEMS QF' BUSINESS
MOTION:
Anderson moved, seconded by Pidcock to approve the Agenda as
published and amended.
ADDITIONS:
Add Item III . J, Set Date for Variance Appeal for Marcus
Development for September 5, 1989. Add Item VII .E, Request
from Mike Levi, representing Fair Share Committee to address
the Council . Add Item X .A . l, Referenda . Add Item X.A . 2, Use
of Recycled Paper . Add Item X.A. 3, Meeting with property
owners and police regarding firearm discharge . Add Item
X. F. 3, Approve request for hardship acquisition of Miller
Property by the Metropolitan Council .
Motion carried unanimously.
II . MINUTES
III . CONSENT CALENDAR
A . Clerk ' s License Lisp
B. Resolution No. 89-175 Authorizing the Elec lopip Trgnsfer
o f.Ci ty Funds
C. Rep_9 ut �gn Ito . 89-2 4 Cgrt,. Y�I19_EiL� ro�osed 1989
Property Tax Levy
i
City Council Minutes 2 August 15, 1989
D. Resolution No . 89-185 Supporting National Drug Policy
E. Amendment to the Cooperative Construction Agre men
bgtween MnDOT and Eden Prairie` for TH 169 (Resolution No .
89-180)
F. Rgsol!jtion Declaring C•gg_t o be ,2sesged and ord!lring
Preparation o£ Pror>!2sed 1282 Spgcials essmen n
Setting Hearing Date (Resolution No . 89-181 )
G. Approve Reggniveyancew W
H . Authorization to Execute Subrecigient Agreements for Year
ACV CDHG -- Authorizing Mayor and City Clerk to Execute
Subrecipient Agreements with Hennepin County for Year XV
CDSG Projects (Resolution No . 86-167)
I . eguest by Dennis D. Gonyea for an 18-month Extensl!2n to
the Development Agreement for Outlot A. Gonyea 's 4th g
Addition
J . get September 5, 1989 as the Date to begg the Variance
Appeal by Marcus Deve lopoent (ADDED TO THE AGENQA)
4OTI QN
Harris moved, seconded by Anderson to approve Items A
t through J on the Consent Calendar as amended . Motion
carried unanimously.
IV. PUBLIC HEARINGS
A. CRESTWOQD 189 by Alex Dorenkemper . Request for Zoning
District Change from Rural to Rl-22 on 0 . 84 acres with
variances to be reviewed by the Board of Appeals,
Preliminary Plat of 2 .17 acres into 2 single family lots .
Location : North of Dell Drive . (Ordinance No. 30-89 -
Rezoning; Resolution No. 89-177 - Preliminary Plat
Jullie reported that notice of the public hearing had been
mailed to 25 surrounding property owners and published in
the August 2, 1989 issue of the Eden Prairie News .
Alex Dorenkemper stated that he concurred with the Staff
recommendations and was available for questions from the
Council .
Enger reported that Staff and Planning Commission
recommended approval of the revised request for a
Preliminary Plat of 2 . 17 acres into 2 lots . Enger noted
that previous request had been for 3 lots . The variance
for setbacks had been granted by the Hoard of Appeals and
Adjustments .
City Council Minutes 3 August 15, 1989
MOTION•
Anderson moved, seconded by Pidcock to close the public
hearing and approve 1st Reading of Ordinance No . 30-89 for
Rezoning . Motion carried unanimously.
MQJION:
Anderson moved, seconded by Pidcock to adopt Resolution
No . 89-177 approving the Preliminary Plat and to direct
Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations . Motion carried
unanimously.
V. PAYMENT OF CLAIMS
MOT I ON:
Pidcock moved, seconded by Anderson to approve Payment of
Claims No . 52937 through No . 53301. r
j
Pidcock questioned claims No . 53243 through 53247, all of
which were to the Prairie Hardware Store . Jull ie replied that
each department had a budget to work with . He added that the
City did not store paint or hardware and the departments had
been instructed to shop at local businesses when possible .
t
Pidcock asked what the screen printing was for and if bids had )
been taken. Lambert replied the printing was for the summer F
playground shirts and price comparisons had been done .
ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and
Peterson all voting "AYE" .
VI . 9RDI LU CES 6 RE90LUUTI ONS
4
A. Reading •e
Mayor Peterson left the room during the discussion.
Pidcock believed this was a good ordinance .
KgMLM:
Pidcock moved, seconded by Harris to approve the 2nd
Reading of Ordinance No . 28-89. motion carried 4-0-1
(Peterson absent ) .
VZ I . --]E- QNS_,� R�„QJESTS COMMUN CAT Q�y,S
A . Beau st gi _ orm4_Lw.. t-gr._._jVKg_tiojl of�Mitchejj Ls1he
(continued from June 20, 1989)
Dietz reported that Staff had been requested to
City Council Minutes 4 August 15, 1989
Investigate the possibility of raising the elevation of
Mitchell Lake from 871 . 0 to 871 . 5 feet . The issues raised
were the obstruction of the bike path ,and the possible
loss of additional trees . Dietz stated that any elevation
above 370 .0" would preclude the development of a bike path
along the west side of the lake . Two residents had
expressed concerns regarding tree loss . Dietz reported
that Staff had determined that the Knaak property would
not sustain additional tree loss with a higher elevation
and the Pattle property would lose some willow trees.
Staff recommended an elevation of 871 . 3 . The proposed
elevation would fall within the City's easements . The DNR
owned all the property below 871 . 5 . Dietz stated that the
City did not have control of the majority of the easements
for the Lakeshore . Dietz stated that the lake was
maintained at an elevation of 868 and a 10-day snowmelt 3
could bring the lake to a flood stage .
Hill Kinney, 17657 West 78th Street, stated opposition to
the raising the lake to an 870. 0 elevation . He said that
for 3 years the lake had been at flood stage. Kinney
stated that an elevation of 868 to 869 was the normal
elevation for the lake . Kinney said that he appreciated
the concerns of the residents on the east s ide of the
lake; however, If the lake was to remain in a natural
state it should be left at the existing level . Kinney
added that by raising the elevation he would lose
approximately 50 feet along the Lakeshore. Kinney stated
that he, Mr . Eames, and US Homes were the majority land
owners along the lakeshore . Kinney offered a compromise j
elevation at 870 . 5, which would be an increase in 1
elevation of 2 . 5 feet from its current level .
Lee Johnson, representing US Homes, stated that he did not
necessarily oppose the raise in elevation. Johnson was
concerned about how setbacks would be measured from the
high-water mark . Johnson added that how the setbacks were
measured could cause a significant impact on the US Homes
development . Peterson replied that the State of Minnesota
owned the land below the 871 . 5 elevation .
Tenpas asked what was used historically to determine
setbacks . Enger replied that the ordinary high water mark
was were the change occurred between aquatic and
terrestrial . Enger added that this mark could be changed
by the outlet level .
Mike Eames, 17345 West 78th Street, believed that an 870
elevation would be acceptable and 870 . 5 a reasonable
average . . He noted that the lake had only gone over the
high-water mark once .
A resident stated that he had removed approximately 100
trees which had been lost at an 870 .5 elevation. He
City Council Minutes 5 August 15, 1989
recommended that the lakeshore property owners be allowed
( to replant the area which had been destroyed by the higher
water elevations .
Anderson stated that this was a no-win situation; Staff
had tried to achieve a level which would accommodate
everyone . Anderson believed that it was important to
determine what would be the best for the lake in the long
term. A lake of good quality is necessary to maintain the
property values . Anderson recommended an elevation of
871 . 3.
Tenpas asked if a significant snow melt could place the
water level above the high-water mark . Dietz replied yes,
that a critical event could raise the elevation of the
lake to 873 . 5 . Dietz believed that the outlet which had
been installed by the City helped to regulate the
elevation of the lake during the spring and other critical
events . Tenpas then asked what the historical high-water
elevation had been. Dietz replied that the most prevalent
elevation was 869 . Tenpas believed that the difference
between the normal 869 and 870 . 5 would be a significant
increase .
Anderson stated that the DNR was responsible to set the
high-water mark . Dietz stated that the mark could be 1 . 5
feet below the level set by the DNR . Dietz noted that
this lake did not have a large contributory area to help
maintain a consistent level . Dietz recommended the use of
870 as the high-water mark reference point for setback
regulations and to set the level of the lake at a maximum
of 871 .
Anderson concurred with the recommendation presented by
Dietz . Anderson asked Lambert to comment on the level
from a Park, Recreation & Natural Resources perspective .
Lambert replied that the deeper the lake elevation, the
better . Lambert believed that if the elevation were set
for 871. 3, the lake would rarely go above this elevation.
Pidcock asked what elevation the lake had been at in 1987
during the major storm. Dietz replied that the elevation
was approximately 874 . Dietz noted that an outlet had
been placed approximately 1 . 5 years ago which had
contributed to a drop in elevation of approximately 2
feet .
Anderson moved, seconded by Harris to recommend an
elevation of 871 . 0 with the reference point for setbacks
f to be established at 870 . 0 . Motion carried unanimously.
1, H . gegugst for Fund
City Council Minutes 6 August 15, 1989
Coalition (Resolution No . 89 -186 ) Continued from August 1,
1989
Jullie reported the Southwest Corridor Transportation
Coalition was requesting the City to contribute $10, 000 to
assist in financing its ongoing programs . Jullie added
that this item had been continued to allow Council time to
receive and review further information. The
recommendation was conditional on the participation of
four other government agencies participation with matching
$10, 000 contributions and private contributions of $40, 000
be secured, with a caveat that the City contribution would
be returned within 60 days if the above conditions could
not be met .
Pidcock recommended that the time limit be extended to 120
days .
Harris recommended that the time limit remain at 60 days
and allow 1 60-day extension period .
Anderson asked how long the contributions would need to
continue . Pidcock replied approximately another 3 years.
Harris believed that the contribution needed to be
evaluated on a year-to-year basis . Harris questioned
where the $10, 000 difference was between the $90,000
income and the $80,000 expenditures . Jullie replied that
the Coalition was projecting a $10, 000 reserve fund .
Peterson requested that Mr . Feerick or Mr . Workman make a
presentation to the City Council as to what the money was
being used for .
Tenpas believed that it was very important for the City to
know where the money was going .
Anderson asked Feerick if the City's contribution of
$10, 000 would be necessary for several more years.
Feerick replied that the amount of the contribution
necessary would be less next year; however, some amount of
funds would be necessary for at least 4 to 5 years .
Anderson stated that he did not want to be obligated Eor
$10, 000 for the next 10 years . Feerick estimated the need
for approximately $5,000 for the next 2 years and then an
amount less than $5, 000 for approximately 2 to 3 more
years .
MQTIQN :
Harris moved, seconded by Pidcock to adopt Resolution No .
89-186 . Motion carried unanimously.
C. ATAR.ING HIGHLANDS by Cliff and Mazy Anderson. Request
City Council Minutes 7 August 15, 1989
for Preliminary Plat of 2 . 17 acres into 3 single faersily
t lots with a front yard setback variance to be reviewed by
the Board of Appeals . Location : Northwest corner of
Ridge Road and East Staring Lane (Resolution No. 89-1.76 -
Preliminary Plat )
Jullie reported that notice of the Council consideration
had been sent to 46 surrounding property owners and
published in the August 2, 1989 issue of the Eden Prairie
News . The request was for Preliminary Plat approval for
2. 17 acres divided into 3 lots on property currently zoned
R1-22.
Bob Smith, representing the proponent, presented the plans
for the 3 lot subdivision. The property was not served by
sanitary sewer . The Board of Appeals and Adjustments had
approved the variance requests for the existing home . The
setback would match the existing setbacks .
Enger reported that the Planning Commission had reviewed
this item at its July 24, 1989 meeting and had unanimously
recommended approval of the Preliminary Plat request .
Enger noted that the request was for a Preliminary Plat
only. Sewer and grater could be made available to the
property. The streets were not improved at this time .
Septic systems and wells would be required on the 2 new
lots; it would be up to the owners if they wished to wait
for sewer and water or install their own systems . An
additional lot could be platted in the future . Drainage
easements were located on the northern portion of the
property. The normal setback requirement would be 30
feet; however, in neighborhoods which were 40% or more
developed the requirement was that the setback match those
of the existing homes .
Peterson asked if the Board of Appeals and Adjustments had
reviewed the variance requests . Enger replied yes .
Peterson asked if the variances were for the existing home
only. Enger replied yes .
Anderson asked if there was time limit to require hook-up
to City sewer and water . Dietz replied that utilities
into this area would depend on the Mason Development . The
feasibility study for the extension of Mitchell Road would
be before the Council this fall; however, installation
utilities could be 5 to 10 years away . There would be the
possibility to request Special Assessments, with the 5-
year extension for homesteaded properties .
Peterson asked if hook-up to City sewer and water could be
required within a 5-year period after it was made
available . Dietz replied that if the septic systems
failed the City would have the power to require hook-up to
the City sewer and water . Dietz added that the City
City Council Minutes a August 15, 1989
i
needed to develop an on-site inspection policy.
Anderson stated that residents typically held off hooking
up to the City systems because of the costs involved .
Anderson asked if the City had any choices in requesting
that the resident hook-up to the City's systems when they
were available . Pauly replied that he would need to look
into this issue further .
Peterson stated that the sewer and water might not be
available in this area for 5 to 10 years . Dietz replied
that it could be available within 1 year depending on
other development . Dietz added that the proponent would
be requested to sign a special assessment agreement .
Smith noted that with the development of the Mason
property the utilities would only be available to County
Road 1 and would not be available for the 2 new lots being
pr oposed .
r
Peterson stated that properly operating septic systems
were not a threat to the environment . Tenpas replied that
they would fail eventually. Anderson replied that if the
systems were constructed to face and slope toward the
lake, they would eventually pollute the lake .
Pauly stated that R1-22 lots were exempt from the
Municipal sewer and water requirements . Pauly added that
this would not be an acceptable reason for denial of the
pr oJect.
M971 214=
Harris moved, seconded by Anderson to adopt Resolution No.
89-176 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement. incorporating
Commission and Staff recommendations . Motion carried 5-0-
0.
D. ppeal from DeciZion 12Y BosjXd
Rcsiuest of Bradley P . K
sctl2ack to decis . Location : 16534 South Manor Road
Jullie reported that Bradley Kuyper would like to address
the Council regarding the decision by the Board of Appeals
for the setback variance .
Tenpas stated that he had received a call from Mr . Kuyper
asking what could be done . He added that Kuyper had
letters from the neighbors which approved of the location
of the deck . Tenpas stated that he had visited the site
and believed that consideration should be given for an
appeal.
City Council Minutes 9 August 15, 1989
MOTION_•
Tenpas • moved, seconded by Peterson to set September 5,
1989 to review the appeal request for Bradley P . Kuyper .
Pauly noted that the City Code provided for a period of
only 15 days to appeal a decision . Tenpas replied that he
was unaware of this time limit when he had advised Kuyper .
Harris stated that she was uncomfortable with this issue,
because Kuyper was not in attendance to make the request .
Tenpas stated that he had told Kuyper that at this meeting
only a date for the appeal would be established and that
he did not need to attend .
Pidcock was concerned about the process being used . She
believed that it was inappropriate for an individual
Councilmember to make an appeal for a resident. Anderson
concurred that the appeal should be requested by the
resident .
Peterson requested that if the motion passed that Staff
prepare graphics of the existing properties in the x
neighborhood.
Motion carried unanimously.
i
E. Fair Shang Committee
Mike Levi , representing the Fair Share Committee, stated
that the organization 's purpose was to educate the
residents to the needs of the community and to promote
responsible spending to achieve these needs . He stated
that tax awareness was a nation-wide concept.
Levi volunteered to help in any way to promote the
televising of the Council meetings .
VI I I . REPORTS OF A2VI SORY CQMMI Sg jOKS
A . Lawful Gambling Sti .jy Committee - Einal Eeport
Pidcock recommended that a special session be scheduled to
review the report in more detail . Harris concurred .
tIgMT M=
Harris moved, seconded by Anderson to accept the Final
Report of the Lawful Gambling Study Committee and to set
September 5, 1989 for a special meeting for further
discussion . Motion carried unanimously.
IX . APPOINTMENTS
City Council Minutes 10 August 15, 1989
A . Appointment of one representative to the Parks,-- Recreation
& Natural Resources Commission to fill an unexpired term
to 2/2II/90
MOTION -
Anderson moved, seconded by Pidcock to nominate Paul . W.
Karpinko to fill the unexpired term for the Parks,
Recreation 6 Natural Resources . Motion carried
unanimously.
1HQTI ON :
Pidcock moved, seconded by Harris to cast a unanimous
ballot . Motion carried unanimously.
B. A,pgointmgnt of one_ Regzegentative to the Historical
Cultural Commission to dill an unexpired term to 2128/91
MOTION :
Pidcock moved, seconded by Anderson to nominate Mark
Peterson to fill the unexpired term for the Historical &
Cultural Commission . Motion carried unanimously. s
MOTION•
Pidcock moved, seconded by Harris to cast a unanimous
ballot . Motion carried unanimously.
X. Et.EPORT z„ OF OFEI CER3. BOARDS & COMMISSIONS
A . aeaor s 4F Council tlembra b
A. Be_ferenda
Peterson recommended that the Council set a special
meeting to discuss a referenda with Staff . Peterson
believed that it was important to establish both long and
short term goals.
_"QjLQN_:
Harris moved, seconded by Pidcock to set September S, 1989
to discuss a referenda with Staff . Motion carried
unanimously.
Peterson recommended that Staff contact the Eden Prairie
School District to consider a Joint referendum.
M�LQR:
( Harris moved, seconded by Pidcock to direct Staff to
`' contact the Eden Prairie School District to discuss the
City Council Minutes 11 August 15, 1989
possibility of a joint referenda . Motion carried
unanimously,
2 . Rgcycling in Minnegota
Anderson believed that: governments needed to help create a
market for recyclables . Anderson questioned how such the
City could use recycled paper and recommended that the
School Districts and the local newspapers be encouraged to
use recycled paper .
Harris concurred with Councilmember Anderson and added a
recommendation that the City investigate the possibility
of using double-sided xerox copies, especially for the
Council information packets .
MOTION:
Anderson moved, seconded by Harris to recommend that the
City investigate the use of recycled paper, the use of
double-sided copies, and encourage the School District and
news media to use recycled paper .
Pidcock stated that the City needed to find a way to lower
the amount of garbage at the source in order to help the
landfill situation .
c
Motion carried unanimously.
3 . rearms Regulations .
a
Tenpas reported that he had met with Captain Jim Clark and
Committee members to discuss the issue of firearms
discharge regulations in Eden Prairie . Staff was re-
writing the regulations based on the recommendations
discussed at the meeting . The area around Riley Lake
would be allowed hunting for 1 more year . Clark had
emphasized that the homeowners in the hunting areas would
need to help police the hunters . Tenpas noted that all
the areas designated for hunting were privately-owned .
Anderson stated that the present ordinance required that
the landowner accompany the hunters . He added that an
ordinance was only good if it could be enforced . Anderson
was concerned about allowing hunting in the area south of
County Road 1 .
Tenpas stated that the hunters would need a letter from
the landowner in order to receive a permit .
B . eport of City_Managgr.
1 . 123 LL..qJty .A14 it .Rep 2 r t
City Council Minutes 12 August 15, 1989
:John Brand of Fox, McCue & Murphy presented the highlights
of the 1988 City Audit Report .
Pidcock asked if the errors in the payroll time report
were being adequately addressed . Brand replied that this
item was a repeat finding from last year ' s audit and were
isolated cases with seasonal employees at the Community
Center . The supervisory staff had been notified of its
responsibility.
Pidcock asked about checks going out without a signature .
Brand replied that it could be possible that two checks
stick together; this was not a frequent occurrence .
Pidcock asked if improvement had been made regarding
accountability of the city's property and equipment .
Brand replied yes . The City's assets were being placed on
a computer system .
Tenpas asked if the amount of clerical errors for special
assessments was higher than normal . Brand replied that
the errors were not major, mainly transposing figures or f
an exclusion not being recorded on the computer system.
Dietz stated that short of a dual tracking system, some
errors would probably always exist . Dietz noted that the
errors were always corrected when brought to Staff s
t attention.
Tenpas asked if the bank would be liable to cover a check
without a signature . Pauly replied that the bank would be
responsible .
Tenpas questioned if the Preserve Liquor Store should
remain open due to the low profits. Jullie reported that
the Preserve Store was recovering; however , this was an
issue for Council consideration since the lease would
expire next year . Frane stated that a proposal would be
before the Council soon to consider the use of a "free-
standing" facility at the Prairie Village Center .
Pidcock asked if it would be possible to lower the water
bills for residents . Jullie reported that several items
were being investigated and a report would be available
within approximately 90 days .
Pidcock complimented Frane on an excellent job of
investing the City 's funds .
Peterson complimented Brand on an exceptional report.
C. R e p o r t o f ty
( D. Report of Direr of Rjsjnn jj3S
City Council Minutes 13 August 15, 1989
E. Qiregtor of Parks,, Recreation & Natural Resources
F . Reportt of Director of Public Works
1 . Receive Bids end Award Contract for Blµ� f Road
Improvements. r . C . 52-144 (Resolution No . 89-182 )
Dietz reported that the bid was below the feasibility
study estimated cost for the project and recommended
awarding the contract to Richard Knutson, Inc . for the
amount of $361, 441 . 07 .
MOTION:
Harris moved, seconded by Pidcock to adopt Resolution No.
89-182 to Award the Contract for I .C. 52-144 to Richard
Knutson, Inc. for the sum of $361, 441 . 07 . Motion carried
unanimously. F
2. Receive . Bids and Award Contract for Wintry Glen Street
and Ut i l i v Improvements . I . C . 52-171 (Resolution No.
89-183 )
Dietz reported that the bid for this project was g
approximately 6% below the estimated cost . He recommended 3
that the contract be awarded to Nodland Construction Co. , f
Inc . for the sun of $266, 822 . 00
MOTION •
Harris moved , seconded by Pidcock to adopt Resolution No.
89-183 to award the Contract for I . C. 52-171 to Nodland
Construction in the amount of $266, 822 . 00 . Motion carried
unanimously.
3 . ent for HighLray - -W
Dietz reported that this would be an agreement between the
Metropolitan Council and the City to purchase the Miller
property. He noted that the City would be obligated to
pay closing costs which were not included in the agreement
as written. Dietz stated that the City would be at risk
of not recovering these costs if the Metropolitan Council
did not agree to the new amount of $101, 500 . Dietz
recommended approval of the agreement .
MQT ON_:
Pidcock moved, seconded by Anderson to approve the Loan
Agreement for the Highway Right-Of-Way Acquisition with
the understanding that a request for the additional
closing costs would be made to the Metropolitan Council .
Motion carried unanimously.
City Council Minutes 14 August 15, 1989
Tenpas asked how the City would be reimbursed . Dietz
replied that the Metropolitan Council would pay the City
within approximately 10 days.
G. Report of Finance Qjx-e tar
XI . NEW BUSINESS
XII . ADJOURNMENT
Meeting adjourned at 10 : 20 PM.
t