City Council - 10/23/1990 - Special Meeting APPROVED MINUTES
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY , OCTOBER 23 . 1990 7 : 30 PM , CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCILMEMSF.RS : 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 ,
Director of Public Works Gene Dietz ,
City Engineer Al Gray . Director of
Parks , Recreation & Natural Resources
Bob Lambert. and Recording Secretary Jan
Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL -- All members were present .
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I . (BALL TQ ORDER
May®r Peterson called the meeting to order at 7 : 35 PM .
II . APPRDYAL. OF AGENDA
City Manager Jullie added an item regarding the Eden Prairie
Crime Prevention Fund ' s request to include a notice with the
homestead application cards . Pidcock added an item regarding
information on the Flying Cloud Landfill issue . Anderson added
an iztem regarding Birch Island Lake .
MOTION: Pidcock moved . seconded by Harris , to approve the Agenda
as published and amended . Motion carried unanimously .
III . DISCUSSION OF FLOODPLAT-N STORAGE IN EDENVALEGOLF T
WOODS TOWNHOMES
City Manager Jullie introduced Bob Obermeyer , engineer for the
Watershed District , and Conrad Fiskness , President of the Riley-
Pur6—atory-Bluff. Creek Watershed District .
Mr . f)bermeyer reviewed the findings of the flooding investigation
within the Riley-Purgatory-Bluff Creek Watershed District as
presented in the report included in the Council packets . He said
the report concerned the flooding produced by the approximately
15 znches of rainfall received in Eden Prairie during the week of
.July 27 . 1987 .
City Council Meeting " October 23 , 1990
Obermeyer said the City asked the Watersheds District to
reevaluate the management elevation that they use in regulating
development adjacent to the Purgatory Creek floodplain . He said
the policies currently use the City ' s comprehensive land use plan
and the 100-year frequency rainstorm event . He noted that this
is consistent with the 1969 `^.innesota state floodplain rules and
regulations .
Obermeyer said the analysis indicated that the management
elevations in use since 1973 do not need to be modified despite
the fact that the 1987 rainstorm event exceeded the design
parameters . He said the report addressed the request presented
by the Fairway Woods Townhome Association to alter the culvert at
Mitchell Road to allow additional water to be discharged
downstream in such a storm .
Obermeyer said the report presented several options including one
dealing with the construction of a culvert beneath Mitchell Road ,
another that would lower the road to provide emergency overflow ,
a third option to floodproof existing structures that are above
the flood elevation but experienced flooding during the 1987
event , and a Fourth to suggest residents purchase flood
insurance .
Peterson noted that the Council met with the entire Watershed
f Board on October 9th .
l Al Bruce , 14388 Fairway Drive , said he thought the report was
well done and very objective . He said he would prefer the
alternative of they 40-foot weir although he realized it would be
the most expensive of the three proposed alternatives .
Director of Public Works Dietz said he thought a summary of the
discussion Council had with the Watershed District might be
helpful . He said one concept discussed was that of trying to
change the standard in one area and then having to be concerned
with what to do in the other areas . He said the state has
mandated protection to the 100-year frequency storm . He noted
that , while the cost to provide additional protection to the
Mitchell Road area is not very large , there are other areas that
might need to be changed in order to provide similar levels of
protection that would cost much more . He said he thought it is
important to consider that the likelihood of quch an event
happening again is very remote , and that flood insurance might be
the most cost effective method of dealing with the situation .
Gordon Justus , 14451 Fairway Drive , asked what the costs would be
to put in the extra culvert in Mitchell Road . Obermeyer said it
was $ 130 , 000 . Justus said the Homeowners Association spent
$40 , 000-50 , 000 to repair homes after the flood . Regarding the
alternative to construct berms , he said he W-S concerned that
they would obnt.ruct the view .
Justus said he thought a lot of changes have occurred since the
original study was done in 1973 and those changes might cause
water to run off more rapidly . Obermeyer said the flood
City Council Meeting 3 October 23 , 1990
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elevation is based on ultimate development conditions determined
by the Cits ' s comprehensive land use plan .
Dietz said , in s previot..Ls discussion with Mr . Dye , he determined
that the water in some of the flooded units was about 6 inches
deep . Based on that_ depth , he said a dike as small as one foot
high would have sowed tht, flooding problem in those units and
would not affect the view . In addition , he rioted that a dike
would be less expensive than the changes in Mitchell Road .
Bob McCarthy , 14363 Fairway Drive , said it was the excess water
that caused the problem and that could be disposed of with the
extra culvert underneath 'Mitchell Read . He said he understood
that would not disturb the 100-year frequency protection so he
didn ' t see any ramifications on a City-wide basis if the culvert
were to be constructed .
Obermeyer said the culvert would provide a greater level of
protection for a storm in excess of the 100-year frequency event
and there art? homes in other areas that might qualify for similar
protection levels . Jullie noted there were several neighborhoods
that were flooded in the same storm that might demand similar
treatment if changes are made to the Mitchell Road area .
President of the Fairway Woods Condominium Association , Delevan
( Dye , 14405 Fairway Drive , reviewed the letters and petition sent
to the Council on this situation and the history of development
in the Mitchell Road area . He said he believes something can and
should be done to :alleviate the situation , especially because
their resale values have been affectf-d . He said tie thought a
culvert could be put in that could be opened only when the water
would not affect areas downstream .
Peterson said he was satisfied with the probabilities that have
been proposed and with the policies that have been developed in
the development philosophy of the City . While he was sympathetic
to those who suffered damage , he said he thought the calculations
that inform us as to the 100-year event and then prescribe our
building codes are adequate . He said he would not be in favor of
City expenditure for additional protection for this area nor for
additional protection to the entire City , as it would not be
economically feasible , lie noted that the recently approved
dredging plan for the Edenvale Golf Course should improve the
value of property in the area .
Harris asked what level the flood was , since it. exceeded the 100-
year event . Obermeyer said they can only say it exceeded the
100-year frequency event because they only have 100 years of data
to work with .
Harris asked what implications alterations made at: this site
would have to areas downstream and what_ modifications would then
have to be made in those areas . Dietz said there would be
erosion problems downstream as more water was let go , and we
could expect the people downstream to want the same
consideration .
City COl]nCll "feetint; '+ October 23 , 1990
City Engine- er Cray said he rec-ilIed that at the time the Edenvale
Corporation designed the culvf•rt the study was underway of the
entire Watershed area and there was a preliminary design
available . He said there was discussion a` that time about the
size of the culvert and that the intent was that Mitchell Road
would be a dam . He said holding the excess water behind Mitchell
Road after the flood had :a lot to do with mitigating the damage
in the lower creek vallev .
Harris asked if the dredging planned in the golf course would
provide additional movement of water . Gray said it will have
very little impact on the 100-year flood elevation but it should
improve the aesthetic features and the playability of Lhe golf
course .
Pidcock asked if Larry Laukka got variances when he built the
project . Dietz replied that he did not and that the same
standards for elevation were applied there as are :applied in
other areas of the city .
Tenpas said he thought the perception that a flood may reoccur is
affecting the v:zlue of the Fairway Woods townhomes . He said he
would not be opposed to look for a cast-effective remedy to the
situation . He said he thought a low berm could be built at
r limited expense to the City that would improve the property
values .
Anderson noted that the worst_ floods he has seen have occurred
from rapid snow melt , and he asked if that was taken into
consideration in the 100-year flood calculations . Obermeyer said
it is taken into account in setting elevations .
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Dye said the question raised in their August 7t h letter was
whether the evaluation made in 1972 when the culvert was built
under Mitchell Road was in error . Dietz said the purpose of the
City ' s request to the Watershed District was to see if there were
errors made , and the results of the study show that it was
correctly designed for a 100-year frequency event . Dietz said
the primary storage area for this part of Eden Prairie is the
golf course and the culverts hav4a been designed so that flooding
does occur on the golf course following heavy rainstorms .
Pidcock asked if the report that four units were flooded was
correct . Dye said there were eight homes flooded . Oberme.yer
said there were four structures with a total of eight units
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flooded .
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Barris said that berming would add a measure of protection and
would give a kind of intermediate option . She suggested the
possibility of the homeowners participating in the construction ,
thereby setting the precedent for owner participation . She said
that enlarging the culvert would not solve the over-100-year
frequency problem and that berming seems to be a simple remedy . �
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City Council Meet ing S nctotjer 23 . 1990
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MOTION : Tenpas moved , seconded by Pidcock to direct St.iff to
analyze what size berm would !,e needed to give the same
protection as alternatives 1 and 2 .and to return to the Council
with the size And cost figures .
Tenpas said his motion woceJd deal with a perceived problem of
property values in the area rind would not change policy regarding
flood protection levels .
Harris said she felt we are establishing a policy and that the
same criteria would apply to other areas iit the City .
Peterson said he would oppose :any expenditcre of money by the
City to design :a berm as he felt the Connell would be morally
bound to plan the same levels of protection► for everybody in the
city .
Harris and Anderr:nn noted that the berm was not an acceptable
solution to the homeowners who said that they would only accept a
change in the culvert . Dye said they want a relief culvert that
would control the release of water so that water would never
reach the hei ht it did when they were flooded .
Tenpas called the question .
VOTE ON THE MOTION: Motion defeated with Anderson , Harris
Peterson and Pi.deock opposed .
Pidcock asked Mr . liatik , attorney for the Watershed District , for
his suggestions . Mr . Haik said he advises the district regarding
the standards that public policy has set . He said the problem is
occurring in other areas such as Edina where there have been
lawsuits about the standard . He said a decision as to the
standard is not with the Watershed District but with the state
legislature . He said if it. had not been for the standards , the
damage would have been much more from a storm of this size .
MOTION : Tenpas moved , seconded. by Pidcock . to reaffirm the
standards and policies of the Watershed District in the City of
Eden Prairie . Motion carried unanimously,
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IV . OTHER BUSINESS
A . InforMa ion on Birch Islam Lake
Anderson said several residents around Birch. Island Lake
have complained about lower water levels in the lake . He
said a report from the Nine Mile Creek Watershed District
shows that the lake is :as low as it has ever been . Anderson d
asked why the lake is so low . O bermeyer responded that it
is a function of the dro►sght conditionE� and that it has a �
;mall watershed-to-lake-area ratio . t
Obermeyer said that drought condition% have a tremendous
impact on this type of lake . He said it will take a long,
City Council Meeting 6 October 23 , 1990
time for tht- lake to come hack up :as it is about r,t—:en feet
below its outlet. Elevation .
Anderson asked if there is any remedy . Obermeyer said the
only other option would be to install an augmentation well
such as the one in Penn Lake in Bloomington, which is a very
expensive option .
Anderson said tie was concerned about the trees growing in
the lake bed as tho lake fill : back up . Obermeyer said the
trees may have to be removed but that the district has
provisions to enter into a cooperative agreement with the
City for maintenance if that is necessary .
Anderson asked if there is anything that can be done now .
Obermeyer said he would suggest_ that he meet with City staff
to take a look and come back with recommendations .
MOTION: Anderson moved , seconded by Harris , to have the
Watershed Di strict engineers meet with Staff and report bacl:
to the Council with possible remedies for the lake . 'Mot ioil
carried unanimously .
B . Iden Prairie Crime Prevention Fund ReQuest
Jullie said they are proposing to send a notice with the
homestead cards that would inform residents about the Eden
Prairie Crime Prevention Fund and would solicit donations
fur the fund . fie said this; is done in other communities .
YOTION : Harris moved , seconded by Pidcock , to send such a
notice :-jith the homestead application cards . Motion carried
unanimously .
C . UDS]ate on Flying Cloud Landfill Issue
Pidcock announced that Woodlake withdrew their application
for expansion of the landfill . Jullie noted that the
Minnesota Court of Appeals dismissed the appeal by Woodlake
regarding the airport proximity rule .
D . Adopt a Highway Discussion
Pidcock said she would like staff to return with some
information on the Adopt-_ a Highway program that could be
given to organizations that .are interested in that program .
Anderson said he would like to know who is responsible for
this program in the City as he has had inquiries about it .
Jullie said he thought it was a MnDOT }grogram .
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Pidcock said she would like to get the information so that
we can get the program organized . Tenpas said he would like
to secs the program extended to the :"ia jor Center Area .
City Council Meeting 7 October 23 , 1990
V I I . ADJQURNMENT
MOTION: Pidcock moved , seconded by Harris , to adjourn the
meeting at 9 : 35 PM . Motion carried unanimously .
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