City Council - 05/01/1990 EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
TUESDAY, MAY 1, 1990 CITY HALL COUNCIL CHAMBERS, 7:30 F.M.
7500 Executive Drive
COUNCILMEMBERS: 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, Finance Director
John D. Frane, Director of Parks,
Recreation A Natural Resources Robert
Lambert, City Engineer Al Gray, and
Recording Secretary Roberta Wick
PLEDGE OF ALLEGIANCE
ROLL CALL All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following additions were made to the agenda. Harris added the
following items: (1) City Manager Evaluation, (2) Goals, (3) BFI
Incinerator application, (4) Landfill Advisory Committee; (5) Debris on
Mistral Lane. Pidco:k requested the addition of the following: (6)
Update on Coachman's Lame and Williamsburg Court situation; (7) A
meeting with the subcommittee of the Landfill Advisory Committee on a
video; (8) Clean-up of Prairie Center Drive; (9) Meeting with the Board of
Appeals; (10) Public information regarding sewer backups. Anderson
requested addition of the following: (11) Cigarette machines; (12)
Recognition of people who worked on Earth Week and Clean-Up Day; (13)
Trail easement on the International School property; (14) Clean-
up/redevelopment of Industrial Drive area Peterson said he wanted to
share with the Council some correspondence from the Councils of the
cities of Edina and Minnetonka regarding support to oppose expansion of
the Flying Cloud Landfill.
Motion to approve the agenda as amended carried 5-0.
II. MINUTES
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A. City Coyaril Meeting held Tuesday. April 17. 1990
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Picock requested corrections on Page 7 of the minutes, Page 1017 of
the packet. The fourth paragraph should read "R1-44 instead of R-
144" and "R1-22" instead of "R-122". Also the first sentence should
be corrected to read as follows: "Tree replacement was a tool allowed
to the development community as a substitute for different types of
approaches to a project." In the last paragraph, second line, the
r date should be April 9 instead of April 19. On Page 8 of the minutes,
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City Council Minutes 2 May 1, 1990
Page 1018 of the packet, middle of the fifth paragraph, "proposed"
should read "propose."
Motion to approve minutes of April 17 as amended approved 5-0.
III. CONSENT CALENDAR
A. Clerk's License List
B. TREE ORDINANCE. 2nd Reading of Ordinance No. 17-90, Amending City
Code Chapter 11 entitled "Land Use Regulations (Zoning)" by adding
an Environmental Preservation Regulations Section which will regulate
tree removal, damage, or destruction in all districts, among other
things.
r' C. 2nd Reading of Ordinance No. 19-90 Chanstinst Name of Grantee from
Robers CablezZatems of the Southwest. Inc. to KBL CAblesystems of
the Southwest, Inc., D/B/A Paragon Cable
D. Ar.bor Month Proclamation (Resolution No. 90-128)
E. Award Bids for Rotary Mowers
F. Award Bids for Tennig Court Construction and Repair
G. Final Plat Approval of Eden Prairie Center 7th Addition (located at
the N.E. Corner of TH 169 and Prairie Center Drive) Resolution No. 90-
122
H. Final Piet Approval of Red Rock View (12 ated north of Summit Drive
and west of Meadowvale Drive) Resolution No. 90-123
I. Receive lQ0X petitionSanitary ew r Watermaila, gtorm Sewer,
and Street IMprovements within the Sandy Pointe Development and
Order )?reparation of Plans and SpecjfiQM& ons, IC. 52-201 (Resolution
No. 90-124)
J. Appr2ve Agreement No. FW 64-4,9-89 with Hennepin County fo
netruction of Traffic Contml Signal Systems at
CSA)i 1 with F anlo )toad and Homeward Hills Road (Resolution No. 90-
125)
K. Resolution No. 90-1 9 ARRrovinxt Am-endmentLs to the Loan Agreement
for Parkway A2artments and Giving Preliminary A»prgyal,to the
Issuance of Refunding Bonde #
L. Final latApvroval t2r the Internatiqn&l Schqgj (located south of the
Crosstown Freewg- &nd East of I-494) Resolution No. 90-121
M. Award Bid for Upgrading Police DeipartMenj Phon2 System
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City Council Minutes 3 May 1, 1990
N. Approve Ammendment No. 2 for Contract with Barton-Aschman for
T.H. :5
O. Red Rock View Addition by Mark Olsen. Approval of Developer's
Agreement for Red Rock View. 3.2 acres into 7 single family lots and
road right-of-way. Location: West of Meadowvale Drive, east of
County Road 4, north of Blue Sky First Addition
P. New Horizon Chilli Care by G. P. Bair, Inc. 2nd Reading of Ordinance
No. 38-89, Rezoning from Rural and Public Districts to C-Reg-Ser
District; Approval of Developer's Agreement for New Horizon Child
Care; Adoption of Ordinance No. 38-89 and Ordering Publication of
Said Summary; and Adoption of Resolution No. 90-131, Site Plan
Authorizing Summary and Publication; Resolution No. 90-131 - Site
Plan Review).
MOTION
Harris moved, seconded by Pidcock to approve the items on the Consent
Calendar. Motion approved 5-0.
Anderson said he would like to question Item L, Final Plat Approval of the
International School (located south of the Crosstown Freeway and East of
I-494) Resolution No. 90-121. The concern that he had was regarding the
trail. The headmaster believed that the school needed to be protected
with fences and even guards, which was totally contrary to the way
things are done in this country. Anderson said he believed the trail was
necessary in order to give residents a way of getting into the large
K county
park.
Peterson asked if Anderson was suggesting the Council reject plat
approval. Anderson said if there were good reason or rationale to do it,
this was what he would recommend. Pauly said he reviewed the history
of this trail and park dedication and there had been a lot of discussion
on the amount of land to be dedicated for park purposes and the trail.
At that time the question of the trail was going to be solved by the
Suburban Hennepin Regional Parks. Hennepin Parks had required as
part of the Developers Agreement, that the Hennepin Parks and the
International School would negotiate for the purchase of the trail by the
Hennepin Parks. If they couldn't arrive at a price, then that price would
be determined through proceedings, and would be a separate agreement
in addition to the Developer's Agreement. Subsequent to that, the
Hennepin Parks did commence negotiations, were able to arrive at a price,
and then the Hennepin Parks started the condemnation action.
Apparently during the course of the condemnation action, the
administration of the Hennepin Parks changed, and the new
administration decided that it wasn't prudent to acquire it, so it
abandoned the condemnation proceeding and did not acquire the trail. As
a result City had committed itself, through the first Developer's
Agreement, to the terms of its position it said with regard to the trail.
This proceeding that was before the Council was governed by the original
City Council Minutes 4 May 1, 1990
developer's agreement because the platting was part of the nnprowal_
The International School had not submitted the final plat in a timely
manner, but that fact did not present the City with the opportunity to
unravel the whole agreement at this point. The question of the trail was
not a legal basis on which to deny the plat.
Peterson asked if there were legal recourse to encourage Hennepin Parks
to perform on the original agreement. Pauly said he did not think
Hennepin Parks gave the City a contractual agreement to do this. The
agreement was between the International School and the Hennepin Parks
and not the City. Anderson stated that it was because of the agreement
between the City, the Hennepin Parke, and the International School that
he gave his approval. One party did not follow through. As a result, the
people of Eden Prairie have no way to get through there. Pauly said that
the City had not given up the right of condemnation and there would
always be that prerogative. Peterson asked for clarification from Pauly
that inasmuch as it would not be appropriate to withhold approval of the
final plat, then this other discussion was apart from that approval. Pauly
said this was correct. Anderson said he would like this put on the
agenda. (See Item X.A.13.)
Pauly discussed Item III. P., the New Horizon Child Care. He wished to
make a recommendation for the addition of some language in the
Developer's Agreement. When tha Arby's Development was approved,
j preceding the New Horizon Child Care Development, there was a provision
1� in the Developer's Agreement that required Arby's to secure cross-
easements to the adjoining property, then owned by Homart.
Subsequently New Horizon entered into agreements with Homart and
h during the course of consideration and approvals, there was a question
raised as to perhaps prohibiting the cross-easements with respect to New
Horizon Child Care. The City received correspondence from Arby's
attorneys indicating that Arby's was objecting and holding the City
responsible because they said they had designed and built with the
understanding that they would be able to utilize these cross easements.
The Developer's Agreement was silent on the subject, so it wasn't a
matter that the City was requiring that New Horizons not permit a cross-
easement. Pauly said he would like to make sure that it was clear in the
Developer's Agreement that the City was not precluding New Horizon from
entering into a cross-easement agreement with Arby's, and that it also
was clear to Arby's. He suggested an addition of Section 8 in the
Developer's Agreement that said something to the effect that nothing in
the Developer's Agreement would preclude New Horizon or the developer
from securing the cross easement and utilizing the cross-easement
referred to in the Developer's Agreement.
Peterson asked for clarification on Item N, on the time schedule. "The
consultant shall complete all work on this agreement by March 31, 1990."
Gray said it might be appropriate to modify that page and change the
date to May 31 because there was some work left to complete.
City Council Minutes 5 May 1, 1990
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Tenpas requested clarification on Item B on the Consent Calendar on the
status of a tree farm. coiIij% esoiu 41iAt &M-t the pC rLiuil of Urie amendmenC
which relates to the replacement of trees did not apply to a tree farm.
The requirement of a Land Alteration Permit and requirements regarding
environmental damage were still in place. The exception related only to
the tree replacement portion. This would apply to any other tree farms
that qualify under the particular definiton that was used. If there were
other tree farms, the City might want to consider an amendment.
IV. PUBLIC HEARINGS
A. ISSUANCE OF $2,740,Q0.00 IN REFUNDING BONDS FOR EDEN
INVESTMENTS PARTNERSHIP (Continued from April 17, 1990)
MOTION
Harris moved, seconded by Anderson to continue this item until May
15. Motion approved 5-0.
V. PAYMENT OF CLAIMS
Anderson moved the payment of claims, seconded by Harris.
Roil Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting
"AYE"
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONSj. REQUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
A. Az>pointment of Sev!tnMembers the T.I.F. AdviggrX ComMittee
Since several Councilmembers were not prepared to make their
suggestions for appointments at this time, it was suggested that this
item was continued to May 15. n
MOTION f
Motion was made by Harris, seconded by Pideock to continue this item
to May 15. Motion approved 5-0.
X. O S
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A. ReRerts 4f.C2uncilmeMbers
1. Ci y Managgr C,valuation
Harris said she wanted an unmarked evaluation form in order to
do this year's evaluation. Pidcock suggested that the evaluations
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be done on a rotating basis with one Councilmember and the
Mayor working on this evaluation.
2. Goals
Harris requested that goals for the coming year be discussed at
the same time. These goals should be a ,joint decision with the
City Manager. Jullie said he had in mind to have a goals session
after the Council review and then bring that to the Council for
discussion. Then he would give the Council a list of goals for the
next year. He could have a list by the next Council meeting.
Harris suggested that the goals be put in order of priority.
Tenpas suggested that the goal-setting should be done in late fall
this year so that the goals could follow the budgetary process
better.
MOTION
Tenpas moved, seconded by Anderson, that October be designated
as the month to do the goal-setting in a workshop session.
Motion approved 5-0.
MOTION
Pidcock moved that Councilmembers do the evaluation with the
Mayor on a rotating basis. Seconded by-Tenpas. Pidcock
nominated Harris for this position. Motion approved 5-0.
g 3. BPI Incinerator 1Application.
Harris requested that the situation with the BFI incinerator
application be updated. Jullie said that staff had put together a
draft of a memo. The plans were to write a letter to the PCA
Board outlining the City's concern and asking for a public
meeting. Also, the letter would ask if there has been any type of
health risk analysis done in connection with the permit that BPI
had requested. There were two burners, one of which had been
shut down because it did not meet PCA emission standards. The
other one was apparently authorized to operate but it had not
been in operation. BFI proposed a new unit that would sit
outdoors rather than in a building. The site was too small for a
building. The City was concerned how this facility would fit into
the site, and how BPI would control drainage. The smokestack
would be 40 feet in the air. The City questioned whether a site
should be more remote and larger so the equipment could be
enclosed in a building. What BFI needed was an air emissions
permit from PCA for the new burner. The Code allowed up to a
60-toot smokestack in an area zoned industrial, so BPI was within
this limit. As the equipment would need to be screened and it
was in the floodplain, there were a number of technical issues to
be addressed.
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City Council Minutes 7 May 1, 1990
Anderson asked if there was anything that could be done with
the whole area as far as clean-up as there were so many things
there that make it unsightly.
Tenpas expressed concern that a decision is required on this by
May 10. Peterson said that the City can request a public meeting
on this. Anderson said he favored a public meeting on this
subject. Harris agreed.
MOTION
Harris moved, seconded by Pidcock, that a public meeting on this
subject be requested. Motion approved 5-0.
MOTION
Harris moved, seconded by Pidcock, that a special meeting of the
Council be held at 6:00 P.M. on Tuesday, May 8 to receive
information and an update from staff and on the BPI burner
situation. Motion approved 5-0.
4. Landfill Advisory Committee
Harris wanted the Council to have an opportunity to meet with
'1 this Committee and to understand the direction it was taking.
Pidcock said that there will be a meeting of the Landfill
Committee at 7:30 a.m. on Monday, May 7 at the Flagship so
anyone wishing to attend can be updated at that time.
Harris asked if perhaps the Landfill Committee could come to the
City Council meeting. Pidcock said this would be too difficult.
Pauly said there was also the point that if more than two council
people are there, then it would have to be a public meeting.
MOTION
Harris moved that the Council have a Public Meeting at Flagship
on Monday, May 14 at 7:30 in the morning, leaving the details up
to the staff. Seconded by Pidcock. Motion approved 5-0.
k 5. Debris on Mistral Lane
Harris asked staff about the status of construction debris on the
site of a partially-constructed house on Mistral Lane. Jullie said
staff would report back to Council on this matter.
6. ,Traffic SitUation on CoachMARN lane and Williamsburgt Court
Pidcock wanted an update with what has been done with the
traffic on Coachmans Lane and Williamsburg Court. Jullie said the
City Council Minutes $ May 1, 1990
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police uepartwenL was goirso Lo do some tire markings. the issue
was whether they were parking more than 24 hours, which would
be the point of violation. A report had not yet been received.
7. Landfill Advisory Committee Video
Pidcock also said there was a subcommittee working on a video
about the landfill. It would give a visual impact on why a
current dump should not be expanded without a liner.
Tenpas stated that BFI will be taking a very agressive position in
the 1991 legislative session. Its plan is to facilitate as many
tours for legislators as it can for a site visit. Tenpas believed
that what would happen with the video, however, was that those
people would get a little different perspective on a landfill. The
Impact was much better when a site was actually visited and it
could be seen what the landfill would do to the area, to the
wildlife and other things. To utilize this video as an
informational piece would give legislators a better understanding
of what was going on. The video would highlight the nine points
in the contested case. Pidcock said the idea was to get it. to as
many legislators as possible to view it, as well as state and
federal agency officials.
s Anderson said that as many legislators as possible should be
brought out to look all around the landfill. Pidcock agreed with
this. Tenpas said what BFI's lobbyists were doing we:s using the
argument with legislators that Eden Prairie already had a landfill
and by putting an expansion there, it wouldn't be in their
backyards.
Pidcock spoke about the Landfill Committee meeting of April 30.
Tenpas said that what had been requested from Pat Forceia was a
plan for the lobbying effort. Tenpas said he believed the City
needs someone to lobby the legislators. At the same time a
proposal from Corporate Video was reviewed. Mona, Meyer and
McGrath, a public relations firm, was also there. It was also
asked to prepare a proposal to make sure that everything the
City did at every level would get as much media attention as
possible. Pidcock said that she believed the Committee was
accomplishing a lot and that it would like to get more publicity.
Tenpas added that one-fifth of the work Forceia's firm had been
doing was with environmental concerns and it had been very
active in this area.
8 . Prairie Center Drive
Pideock spoke about the roadway condition on Prairie Center
Drive by Singletree Lane. There was dirt all over the street and
it was not being cleaned up. Lambert said the fill was coming
from the Highway 169 project and was being brought to
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City Council Minutes 9 May 1, 1990
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properties owned by the Flagship and by the City. It would
probably be another month of hauling up to 70,000 cubic yards of
fill. Lambert said they would talk to the contractor about
cleaning-up.
9. Board of Appeals and Adjustments DecjsL9ns
Pidcock said she had talked with some,of the people on the Board
of Appeals and Adjustments and they were distraught when the
Council overruled them. This Board would like to get together
with the Council or get an update after the Council overrules one A
of its decisions. Pidcock said that if the minutes of the Council
meeting were sent to them after a decision, this would meet the
request of this Board. Tenpas suggested that the easiest thing
to do would be to have a representative from that Board attend a
Council meeting when a matter involving them was to be
discussed and acted upon by the Council. Pidcock said that they
have had representatives at Council meetings but requested that
the minutes be sent also.
20. Pibljc Information regarding Sewer Backups
Pideock expressed concern that people were not being informed
about what to do about sewer backups. Peterson said that this
affected a limited number of persons annually and he believed the
City should not spend a lot of money on this. Harris suggested
that the press could do a story on this. Peterson said he would
not support putting information in the utility bills.
11. jigarette Vencding Machines
,Anderson spoke regarding cigarette machines. He said he had
asked the staff to print up a list of locations that had cigarette
machines. He expressed concern that there are a few places
where young people could purchase cigarettes from machines
without being observed by an adult. He asked how the new state
law would affect private businesses. Pauly replied that the new
law did not pre-empt local regulations. Anderson asked what the
penalty was for selling cigarettes to minor* from a machine.
Pauly replied that the owner or franchisee of the machine had
the liability.
MOTIQN
Anderson moved that staff look into ways of controlling cigarette
machines so that minors are not able to purchase cigarettes from
vending machines. Seconded by Pidcock. Motion approved 5-0.
City Council Minutes 10 May 1, 1990
12. Recognition for Earth Week Participants
Anderson spoke about Earth Week and said as a whole the
response was very good and it was success. He would like to
have at the next Council meeting representatives of organizations
and people who participated to give them public recognition for
their help. There were six truckloads of debris taken out of the
City and many people made a tremendous effort on this project.
MOTIO.�T
Anderson moved that those groups and individuals who
participated in Earth Week be recognized at the next Council
meeting. Harris seconded. Motion approved 5-0.
13. Trail Fasemgnt throusth the International School to Bryant Lake
Park
MQTION•
Anderson moved that staff and the Parks, Recreation, and Natural
Resources Commission provide the Council with a recommendation
regarding an easement through the property of the International
School to get to Bryant Lake Park. Seconded by Harris. Motion
approved 5-0.
14. Industrial Drive Area
Anderson expressed concerned about the Industrial Drive area
talked about earlier. There had been a lot of violations in the
floodplain area. There were a variety of things the City, should
check on.
MOTION
Anderson moved, seconded by Tenpas, that the staff review the
situation in this industrial area and make recommendations as to
what might be done, including rezoning and redevelopment
recommendations. Motion approved 5-0.
B. Report of City► Manaster
1. Liquor More Options
MOTION:
Anderson moved that Council approve staff recommendation to
extend the lease at the Preserve Village Shopping Center for one
year and to retain a consultant to make recommendations as to
where and how many stores the City should have. Pidcock
seconded. Motion approved 5-0.
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City Council Minutes 11 May 1, 1990
C. Report of City Attorney
D. Report of Director of Planninit
E. Report of Director of Parks, Recreation and Natural Resources
1. Staring Lake Park Acquisition
Lambert showed a copy of the Guide Plan as it related to this
property. He said the owner was now willing to sell the property
for $675,000 and staff recommended that this be purchased as the
price was a fair one. He requested authorization to negotiate the
terms with Mr. Boyce for the acquisition of this property.
Harris said she agreed with the acquisition of this property, but
suggested that options be reviewed so the City would not lose
the option to acquire the Minnesota River valley property when
that time came. Tenpas said he supported this acquisition and
believed the City needed to set aside funds for land acquisition.
Anderson expressed concern that spending this money now may
put many projects behind schedule and that there were other
important parcels that the City may not have the money to
acquire.
MOTION•
Pideock moved, seconded by Anderson that staff be authorized to
proceed with negotiations to acquire this property at the price of
$675,000. Jullie requested that the motion include authorization
for a loan of $675,000 from the Trunk Debt Service Fund to
purchase the Boyce property. Notion approved 5-0.
2. Purgatory Qree is Recreation Area Update
Lambert reviewed the plans for development of this area with the
Council. He said the money that was in tax increment financing
was matched with Watershed District Funds ($2 million in its five-
year CIP). He requested that the City also send a letter to the
Watershed District asking that the raaaney continue to be shown
in the CIP. The Watershed District had basically funded all of its
budget for the next 22-18 months for the Chain of Lakes project.
The City could use tax increment financing for its portion of this
project and have the Watershed District fund 50% for the
dredging of the pond area, the trail system, and a major portion
of this park. The park should look like the plans in about five
years.
Anderson said he would like to look at the options on the
feasibility study. He was concerned about the destruction of the
vegetation in that area with the dredging of the outlet to Staring
Lake.
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City Council Minutes 12 May 1, 1990
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Lambert suggested that the City Council approve the eight steps
outlined on Page 1097A of the packet.
MOTION:
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Harris moved to authorize the staff to proceed through the steps
recommended by Lambert. Seconded by Pidcock. Motion
approved 5-0.
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F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMEt3:
MOTI'm
Harris motioned to adjourn at 9:45 p.m. Seconded by Pidcock. Motion
approved 5-0.
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