City Council - 09/21/1993 • MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 21, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive
Drive
COUNCIT A FAIEBERS: 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, Senior Planner Michael Franzen, Director of Parks,
Recreation & Natural Resources Robert Lambert, and City
Engineer Alan Gray
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:30 p.m. Harris arrived at 8:15 p.m.
PRESENTATION OF PLAQUE TO NORWEST BANK - EDEN PRAIRIE IN APPRECIATION OF
V INANCIAL CONTRIBUTION TO THE 4TH OF JULY CELEBRATION
Mayor Tenpas presented a plaque to Norwest Bank in appreciation of its financial contributions to the 4th of
July Celebration.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added items XI.A.1., Purging of City Code and XI.A.2., Municipal Tax Rating. Anderson
added items XI.A.3., Funding of Wildlife Refuge and XI.A.4., Park Referendum. Jullie added items
IV.K.,VIROMED LABORATORIES by Opus Corporation. 2nd Reading of Ordinance for PUD District
Review on 5.22 acres and Rezoning from Office to Industrial on 5.22 acres, and Approval of Developer's
Agreement for Viromed Laboratories, and IV.L. VIROMED LAND DEDICATION - Accepting Deed
for Pond, and X.A., Appointment of Liaison to Community Partnership Program of National
Organization on DisabilitX, and deleted item IV.I. APPROVE CHANGE ORDER NO. 1 FOR
ELEVATED WATER STORAGE FACILITY. I.C. 52-248.
MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
Jim Eckblad, 15406 Village Woods Drive, asked about the progress of bog removal in Red Rock Lake.
• Gray explained Staff activities on obtaining permits. He said the City was in the process of contacting
contractors for the work.
City Council Minutes 2 September 21, 1993
OM. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF TUESDAY, SEPTEMBER 7, 1993
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the regular City Council
meeting held September 7, 1993. Motion carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. VALLEY SPORTS & TRAVEL by J. Randall Iverson. 2nd Reading of an 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#34-93, Zoning District Change from Rural to Commercial
Regional Service)
C. AUTHORIZE EXECUTION OF LEASE FOR HIGH-VOLUME COPIER
D. BACHMAN'S by Bachman's Inc. 2nd Reading of an Ordinance for PUD District Review on 5.0
acres and Rezoning from Rural to Commercial Regional Service on 5.0 acres and Approval of a
Developer's Agreement for Bachman's. Location: Northwest corner of Prairie Center Drive and
Singletree Lane. (Ordinance#37-93-PUD-12-93,PUD District Review and Rezoning from Rural
. to Commercial Regional Service)
E. BOULDER POINTE 5TH ADDITION by Robert H. Mason, Inc. 2nd Reading of on Ordinance
for PUD District Review on 31.21 acres and Rezoning from Rural to R1-13.5 on 31.21 acres and
Approval of a Developer's Agreement for Boulder Pointe 5th Addition. Location: Boulder Pointe
Road and Mitchell Road. (Ordinance#38-93-PUD-13-93,PUD District Review and Rezoning from
Rural to R1-13.5)
F. APPROVE CORPS OF ENGINEERS PERMIT APPLICATION FOR WETLAND IMPACTS
FROM THE PLANNED CONSTRUCTION OF DELL ROAD AND SCENIC HEIGHTS ROAD
G. RESOLUTION#93-193,APPROVING FINAL PLAT OF DEERFIELD (changed to Hawthorne
of Eden Prairie) located north of the proposed intersection of Dell Road and TH 212
H. RESOLUTION#93-194,APPROVING FINAL PLAT OF BOULDER POINTS 5TH ADDITION
(located between Mitchell Road and Red Rock Lake)
I. APPROVE CHANGE ORDER NO. 1 FOR ELEVATED WATER STORAGE FACILITY, I.C.
52-248 (WITHDRAWN)
J. RESOLUTION #93-195, APPROVING FINAL PLAT APPROVAL OF EDEN PRAIRIE
MARKETCENTER 2ND ADDITION (located at the N.E.quadrant of Prairie Center Drive and
Singletree Lane)
K. VIROMED LABORATORIES by Opus Corporation. 2nd Reading of Ordinance for PUD District
Review on 5.22 acres and Rezoning from Office to Industrial on 5.22 acres, and Approval of
City Council Minutes 3 September 21, 1993
• Developer's Agreement for Viromed Laboratories. Location: Opus Blue Circle Drive, east of
American Family Insurance. (Ordinance#39-93-PUD-14-93,PUD District Review and Rezoning;
Resolution #93-197, Site Plan)
L. VIROMED LAND DEDICATION - Accepting Deed for Pond
MOTION: Pidcock moved, seconded by Anderson, to approve items A. - H. and 1. - L. of the
Consent Calendar, deleting Item I. 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) Continued from September 7, 1993.
MOTION: Pidcock moved, seconded by Anderson, to continue this item to the October 5, 1993,
meeting as requested by the developer. Motion carried unanimously.
(Harris arrived at 8:15 p.m.)
• B. PETER ANDREA 5TH ADDITION by Peter Andrea. Request for Zoning District Change from
Rural to RM-6.5 on 8.89 acres, Rezoning from Rural to R1-44 on 6 acres and Preliminary Plat of
14.89 acres into 16 twin home lots and 6 single family lots. Location: Willow Creek Road and
Bryant Lake Drive. (Ordinance for Zoning District Change from Rural to RM 6.5 and
Resolution for Preliminary Plat)
Gary Hams, consultant for the developer, explained the details of the development proposal, noting
the changes to the plan which had occurred based on neighborhood concerns and Planning
Commission recommendations. Staff reported that the Planning and Parks, Recreation, and Natural
Resources Commissions had recommended approval of the development proposal.
Councilmembers asked about the methods of grading proposed. The developer responded that the
twin homes would be mass graded; however, the single family homes at the top of the hill were to
be custom-built homes for which grading would be done individually to preserve the hill and
vegetation.
Elaine Sorenson, 7121 Willow Creek Road, complimented Staff and the developer for their
sensitivity to the land and the concerns of the neighborhood. She listed four remaining concerns:
1) conservancy deed restrictions so that future residents could also be held accountable for
maintaining the conservancy area by the City and the adjacent residents; 2) City control over
replacement of trees on the property; 3) because of the volume of traffic on Bryant Lake Drive, a
traffic study of the area was requested; and, 4) possibility for a limestone trail, instead of asphalt.
• Pauly said the deed restrictions typically were granted in the form of an easement to the City, but
not to the residents. Council directed further research on this prior to approval of any developer's
agreement for the property. Franzen noted that the Staff would monitor tree replacement for this
City Council Minutes 4 September 21, 1993
• project in the same manner as other projects and that the details to do so would be included in a
developer's agreement. Council directed Engineering Staff to review the possibility of a traffic study
for the area. Lambert said that the location of the trail adjacent to the road dictated that the trail be
constructed of asphalt.
MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the Public Hearing;
2) Approve 1st Reading of the Ordinance for Rezoning;
3) Adopt Resolution #93-196 approving the Preliminary Plat; and
4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations and with continued work on trails, conservancy easements to
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Jessen 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
VH. ORDINANCES AND RESOLUTIONS
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. Request from HAEP to Operate Concession Stands at the Eden Prairie Community Center
The Hockey Association of Eden Prairie requested Council consideration of an agreement to allow
the HAEP to operate the concession stands at the Community Center. The Parks, Recreation, and
Natural Resources Commission recommended approval of the request per the recommendations of
the Staff Report on September 15, 1993, but with a 25% of gross fee. Joy Hiemark HAEP, was
present to discuss the request.
During discussion, Councilmembers directed the inclusion of the following provisions in any
agreement with the HAEP: The City shall remain "whole" financially; the contract should be drawn
for a period of one season, October lst through March 31st; during the term of the agreement, the
City and the HAEP will communicate any difficulties to each other and adjust the terms of the
contract as agreed; revenues are approximated at 25% of gross, not to exceed $11,000; and sales tax
will be subtracted from the gross profits of the concessions.
MOTION: Anderson moved, seconded by Pidcock, that Staff prepare an agreement to authorize
the HAEP to operate concessions at the Community Center per the terms recommended by the Staff
in its memorandum dated September 15, 1993, as modified by Council direction at this meeting.
Motion carried unanimously.
City Council Minutes 5 September 21, 1993
•IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
X. APPOINTMENTS
A. Liaison to Community Partnership Program of National Organization on Disability
MOTION: Pidcock moved, seconded by Anderson, to appoint Scott Moore as the Liaison to the
Community Partnership Program of the National Organization on Disability, as recommended by
the Human Rights and Services Commissions. Motion carried unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCH MEMBERS
1. Purging of Cites
Pidcock suggested that a process be developed to review the City Code for unnecessary and
outdated ordinances. Council directed the Staff to review the Code and report back to the
Council at its October 20th meeting.
2. Municipal Tax Rating
• Pidcock noted a recent article wherein Eden Prairie was ranked l6th in taxes within the
Metropolitan Area. This was a change from a 2nd place ranking last year. The comparison
pointed out that approximately 50 cents of every tax dollar in Eden Prairie is spent on schools.
3. Funding of Wildlife Refuge
Anderson said that at a recent meeting on the Wildlife Refuge, it was announced that the
Federal Government was planning to expand the size of the refuge. Funding for this purpose
was expected to be available from Congress. He said he would update the Council on future
developments.
4. Park Referendum
Anderson asked about the status of a referendum for acquisition of open space in the City.
After brief discussion, Council asked Staff to prepare an update on this issue for possible
discussion at the next meeting.
B. REPORT OF CITY MANAGER
1. Set Tuesda, October 5. 1993, 6:45 PM, to interview candidates to fill vacancy on the Board
of Appeals & Adjustments for a term to expire 2/28/95
• Council directed Staff to schedule October 5, 1993, at 6:45 p.m., to interview candidates to fill
the vacancy on the Board of Appeals and Adjustments.
City Council Minutes 6 September 21, 1993
• C. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Awarding Contract for Sand Blasting and Painting Baker Road Ground Water Storage
Tank, I.C. No. 93-5335
MOTION: Harris moved, seconded by Jessen, to award the contract for I.C. 93-5335. Motion
carried unanimously.
XH. OTHER BUSINESS
A. LEASE FOR HIGH-VOLUME COPIER
Elizabeth Lunaas, 6354 St. John's Drive, expressed concerns regarding the Council's decision to
lease a high-volume copier earlier in the meeting. Lunaas said she represented one of the bidders
in the process, but was also concerned as an Eden Prairie resident. She stated that the specifications
were too tightly written, allowing for only one vendor to meet all the parameters of the bid. Lunaas
said that, based on her experience as a government account representative, this type of bid eliminates
competition. She added that, based on the prices shown, the City would be paying more for service
and supplies than would be necessary from other bidders, as well. She also expressed concern that
she was blocked from obtaining information about this issue from the City prior to the meeting.
• Councilmembers discussed the possibility of reopening the bid. Pauly advised that there may not
be an opportunity to do so, depending on the process used. Swaggert explained the process she used
for the bid preparation.
Councilmembers were concerned that this item was placed on the Consent portion of the agenda
when it was known that it would be challenged. They were also concerned that the bid process may
not have allowed the City to obtain the best equipment possible for the best price in this situation.
It was suggested that Councilmembers should have a procedure to review bid specifications for items
involving such large dollar amounts before bids were let.
After further discussion, Council directed Staff to place the issue of bids on the next available work
session agenda for review.
XIII. ADTOURNIVIENT
MOTION TO ADJOURN: Anderson moved, seconded by Pidcock. Mayor Tenpas adjourned the
meeting at 9:15 p.m.
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