City Council - 09/07/1993 MINUTES
• EDEN PRAIRIE, CITY COUNCIL
TUESDAY, SEPTEMBER 7, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson,Jean Harris, H.Martin
Jessen, and Patricia Pidcock
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 Community Development Chris Enger,Director
of Parks, Recreation & Natural Resources Robert Lambert, and
Director of Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present.
PROCLAMATION FOR NATIONAL LITERACY MONTH
0Mayor Tenpas presented the proclamation declaring September as Literacy Month on behalf of the Adult
Literacy Group.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI.A.1., ISTEA Funds for Southwest Metro Transit and XI.A.2., Appointment
of Jessen to National League of Cities Policy Committee. Tenpas added item XI.A.3., Unkent
Residential Properties. Jullie added item XI.B.1., Authorization for Mayor and Manager to Execute
Purchase Agreement and XI.C.1., Hennepin County Highway Funding Policy.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
Jim Eckblad, 15406 Village Woods Drive, asked about the City's efforts regarding the bogs surfacing
within Red Rock Lake. Dietz said that Staff was continuing its work on this to obtain necessary approvals
for removal of the bogs. Council directed Staff to keep Mr. Eckblad informed of progress on the matter.
M. MINUTES
A. REGULAR CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 1993
• MOTION: Anderson moved, seconded by Pidcock, to approve the minutes as submitted. Motion
carried on a 4-0-1 vote, with Harris abstaining.
City Council Minutes 2 September 7, 1993
• IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. EXECUTION OF SUBRECIPIENT AGREEMENTS FOR YEAR XIX CDBG PROGRAM
(Resolution #93-181)
C. VALLEY SPORTS & TRAVEL by J. Randall Iverson. 2nd Reading of Ordinance for Zoning
District Change from Rural to Commercial Regional Service on 0.8145 acres and Approval of a
Developer's Agreement for Valley Sports & Travel. Location: South of Valley View Road, east
of Prairie Center Drive. (Ordinance for Zoning District Change from Rural to Commercial
Regional Service) (Continued to September 21, 1993)
D. MINNESOTA PLASTICS by Ryan Construction. 2nd Reading of an Ordinance for PUD District
Review with waivers on 3.17 acres and Zoning District Amendment in the I-2 Park Zoning District
on 3.17 acres and Approval of a Developer's Agreement for Minnesota Plastics and Adoption of a
Resolution Approving Site Plan for Minnesota Plastics. Location: Valley View Road and Equitable
Drive. (Ordinance #35-93-PUD-10-93, PUD District Review and Zoning District Amendment
and Resolution #93-182, Site Plan)
E. 7901 BUILDING RENOVATION AND PARKING EXPANSION by Smith Architects. 2nd
• Reading of an Ordinance for Zoning District Change from I-General to I-2 on 0.17 acres. Location:
7901 Fuller Road. (Ordinance #33-93, Zoning District Change from I General to I 2)
F. BLUFFS EAST 14TH ADDITION by Hustad Development. 2nd Reading of an Ordinance for
PUD District Review on 10.65 acres and Zoning District Change from Rural to R1-13.5 on 10.65
acres and Approval of a Developer's Agreement for Bluffs East 14th Addition. Location: Bluff
Road and Wild Duck Pass. (Ordinance #36-93-PUD-11-93, PUD District Review and Zoning
District Change)
G. FINAL PLAT APPROVAL OF BLUFFS EAST 14th ADDITION, located south of Franlo Road
and north of Bluff Road (Resolution #93-183)
H. REQUEST FOR LAND ALTERATION PERAM FOR PRAIRIE LAKES BUSINESS
CENTER, located east of Prairie Center Drive and west of Anderson Lakes
I. AUTHORIZE EXECUTION OF SUPPLEMENTAL AGREEMENT. for Townline Road,
Hennepin County Project No. 6312, City I.C. 52-173
J. CHANGE ORDER NO. 6 FOR THE COMMUNITY CENTER ADDITION
K. CHANGE ORDER NO. 1 FOR THE COMMUNITY CENTER PLAZA
• L. RESOLUTION #93-184, AUTHORIZING PAYMENT OF CERTAIN CLAIMS WITHOUT
PRIOR COUNCIL APPROVAL
City Council Minutes 3 September 7, 1993
• M. RECEIPT OF 100% PETITION FOR THE INSTALLATION OF SANITARY SEWER TO
SERVE THE BEARPATH SUBDIVISION (WITHDRAWN)
MOTION: Harris moved, seconded by Pidcock, to approve items A., B., and D. - L. of the
Consent Calendar, continuing Item C. to September 21st and deleting item M. Motion carried
unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from
Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest
corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from
Rural to R1-13.5 and Resolution for Preliminary Plat)
MOTION: Pidcock moved, seconded by Harris, to continue this item to September 21st, as
requested by Mr. Ruzic. Motion carried unanimously.
B. BACHMAN'S by Bachman's Inc. Request for PUD Concept Review on 23 acres, PUD District
Review with waivers on 5.8 acres, Rezoning from Rural to Commercial Regional Service on 5.8
acres and Preliminary Plat of 12.57 acres into 2 lots and 1 outlot. Location: Northwest corner of
Prairie Center Drive and Singletree Lane. (Resolution#93-185,PUD Concept;Ordinance for PUD
• District Review and Rezoning from Rural to Commercial Regional Service; and Resolution#93-
186, Preliminary Plat)
Dale Bachman and Dan O'Brien presented the details of the proposed development. Enger explained
that the proponent had requested a reduction in the size of the site to be zoned. Staff reported that
the Planning Commission recommended approval of the development. An early grading permit and
early foundation permit were also requested.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-185, PUD Concept; and
3) Approve 1 st Reading of the Ordinance for PUD District and Rezoning;
4) Adopt Resolution #93-186, approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
• Motion carried unanimously.
City Council Minutes 4 September 7, 1993
• MOTION: Pidcock moved, seconded by Harris, to authorize the proponent to proceed with early
grading and early foundation permits, with the understanding that the proponent would be proceeding
at its own risk. Motion carried unanimously.
C. BOULDER POINTE 5TH ADDITION by Robert H. Mason, Inc. Request for PUD Concept
Review on 150 acres, PUD District Review on 31.21 acres, Rezoning from Rural to R1-13.5 on
31.21 acres, Preliminary Plat of 31.21 acres into 30 lots and one outlot. Location: Boulder Pointe
Road and Mitchell Road. (Resolution#93-187,PUD Concept;Ordinance for PUD District Review
and Rezoning from Rural to R1-13.5; and Resolution#93-188, Preliminary Plat)
Randy Travalia, President of Robert H. Mason Homes, Inc.,presented the details of the development
for review. Enger reported that the Planning and Parks, Recreation, and Natural Resources
Commissions recommended approval of the development, noting that shoreland ordinance variances
were recently approved for Lots 3, 4, and 5, by the Board of Appeals and Adjustments. Travalia
requested an early grading permit for the development, as well. There were no comments from the
audience.
Councilmembers discussed the park dedication for the overall project and asked that, prior to review
of the developer's agreement for the property, a summary be presented to the Council regarding the
park dedication for the overall Red Rock Ranch/Boulder Point development.
• MOTION: Harris moved, seconded by Jessen, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-187, PUD Concept approval; and
3) Approve the 1st Reading of the Ordinance for a PUD District Review and Rezoning;
4) Adopt Resolution #93-188, approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
MOTION: Harris moved, seconded by Jessen, to authorize developer to proceed with early grading
on the property, with the understanding that the developer would be proceeding at its own risk.
Motion carried unanimously.
D. VIROMED LABORATORIES by Opus Corporation. Request for Comprehensive Guide Plan
Change from Office to Industrial on 5.22 acres, PUD Concept Amendment on 5.22 acres, Rezoning
from Office to Industrial on 5.22 acres, and Site Plan Review on 5.22 acres for construction of a
50,550 square foot building. Location: Opus Circle Blue east of American Family Insurance.
(Resolution #93-189, Comprehensive Guide Plan Amendment; Resolution #93-190, PUD
Concept; and Ordinance for Rezoning from Office to Industrial)
City Council Minutes 5 September 7, 1993
• Dr. Bonnie Baskin, President and founder of Viromed, explained the nature of microbiological
testing which occurred in her business, noting that she employed approximately 85 full time
personnel, and over 100 personnel with part-time staff.
Staff reported that the Planning Commission had recommended approval of the proposal. There
were no comments from the audience.
Councilmembers raised questions regarding tree preservation in light of future parking needs, the
types of materials handled by the laboratory, and mass transit considerations.
The proponent responded that future parking would be constructed in the form of a deck to avoid
any further removal of trees or any encroachment into the treed areas. With respect to hazardous
materials, Dr. Baskin explained that there would be no chemicals involved in the testing processes.
She added that the business had a license from the Nuclear Regulatory Commission for small
amounts of tritium used in their procedures, noting that the regulations were quite strict in order to
maintain the permit.
Enger stated that Southwest Metro Transit staff regularly participated in development review at early
stages of a development application and had been made aware of the proposed Viromed development.
Council directed Staff to provide proper notification to the City's Emergency Response personnel
• regarding the materials on the site.
MOTION: Harris moved, seconded by Jessen, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-189, Comprehensive Guide Plan Amendment;
3) Adopt the Resolution #93-190, PUD Concept approval;
4) Approve 1st Reading of Ordinance for Rezoning District Amendment; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
E. MODIFICATION OF DEVELOPMENT DISTRICT NO. 1 (Resolution #93-191)
Staff explained the proposed boundary amendments to Tax Increment District No. 1, noting that the
major additions would be the Purgatory Creek Recreation Center and Eden Prairie City Center.
There were no comments from the public.
• MOTION: Pidcock moved, seconded by Harris, to:
1) Close the Public Hearing;
City Council Minutes 6 September 7, 1993
• 2) Adopt Resolution #93-191, amending the Development District Amendments.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson,Harris,Jessen, Pidcock, and Tenpas voting"aye."
VII. ORDINANCES AND RESOLUTIONS
A. 1994 BUDGET AND TAX LEVY (Resolution #93-192)
MOTION: Anderson moved, seconded by Pidcock, to adopting Resolution #93-192, Adopting the
Proposed 1994 Property Tax Levy, Setting Truth-in-Taxation Hearing Date(s), and Accepting a
Proposed 1994 Budget for the General Fund and Tax-Supported Debt Obligations. Motion carried
unanimously.
VIILPETITIONS. REQUESTS AND COMMUNICATIONS
A. Satterstrom Variance Appeal
• Mr. Jim Satterstrom requested that the Council consider a variance which was denied by the Board
of Appeals and Adjustments for his property at 9818 Squire Lane. The purpose of the request was
for construction of a ten-foot addition on the front of a three-car garage facing into a cul-de-sac.
Mr. Satterstrom submitted a petition from his neighbors, indicating they were in favor of the addition
he proposed.
MOTION: Jessen moved, seconded by Pidcock, to authorize a front yard setback variance to allow
an eight-foot addition to the front of the three-car garage at 9818 Squire Lane. Motion carried
unanimously.
IX. REPORTS OF ADVISORY BOARDS. COMiVIISSIONS & COMMITTEES
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Funding Received by Southwest Metro Transit
Pidcock announced that Southwest Metro had been successful in obtaining federal ISTEA
• (Intermodal Surface Transportation Efficiency Act) funds totalling$3.5 million for purposes of
building the City's transit hub on Technology Drive.
City Council Minutes 7 September 7, 1993
• 2. Appointment of Jessen to Policy Committee
Pidcock stated that Councilmember Jessen had been nominated by the League of Minnesota
Cities for and received appointment to the Environment, Energy, and Natural Resources Policy
Committee of the National League of Cities.
3. Unkept Residential Properties
Tenpas related several incidents within his neighborhood regarding a particular home which was
unkept and unsightly. He explained that, while Staff had worked with every ordinance of
record to encourage clean up of the property, there was really little that could be done.
After brief discussion, Council directed Staff to prepare a tougher ordinance which could aid
in attaining compliance by owners of such unkept properties.
B. REPORT OF CITY MANAGER
1. Authorization for Mayor and Manager to Execute Purchase Agreement
MOTION: Jessen moved, seconded by Pidcock, to authorize the Mayor and City Manager to
execute a purchase agreement with Bachman's for property within the Eden Prairie
• Marketcenter. Motion carried unanimously.
C. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Hennepin County Highway Funding Policy
Jullie and Dietz discussed the implications of the proposed amendments to the County's cost-
participation policies. After review of the proposed position statement and Staff input, Council
authorized Staff to present a modified position, more representative of Eden Prairie, to the
County Board on September 9th.
XII. OTHER BUSINESS
X]II.ADJOURNMENT
MOTION TO ADJOURN: Pidcock moved, seconded by Harris. Mayor Tenpas adjourned the meeting
at 9:20 p.m.
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