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HomeMy WebLinkAboutCity Council - 03/06/1979JOHN D. FRANE EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL Mayor flolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary TUEVAY, MARCH 6, 1979 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. AWARD OF CERTIFICATE OF MERIT TO OFFICER STEVE GEIGER FROM PRESIDENT CARTER, AND AWARD OF CERTIFICATE OF APPRECIATION TO DANIEL LOBSTEIN FROM THE AMERICAN RED CROSS II. APPROVAL OF AGENDA AND OTHER ITEM OF BUSINESS III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 1979 R. CONSENT CALENDAR A. Request to set a Public Hearing for rezoning from Rural to R1-13.5 . for Cardinal Creek for April 1979 B. Request to set a Public Hearing for rezoning of Outlet A, Crestwood 73, by Mr. Dorenkemper and Mr. Wilson, for April 3, 1975 C. Rawest to set a Public Hearing for rezoning of .9 acres from Public to R1-22 for United Methodist Church for April 3, 1979 D. Set hearing date to vacate T.H. 169 slope easements for April 17, 1979 (Resolution No. 79-45) E. Receive 100% petition and order improvements for Round Lake Estates 5d—Addition, I.C. 51-351 (Resolution No. 79-461 • F. Approve specifications and authorize bids for water meters G. final plat approval for Shady Oak Industrial Park (Resolution No. 79-47) H. Resolution No. 79-49, authorizing sulicifssiOn -of-the-Cili of Eden Prairie Community Development Program to Hennepin County for consideration as part of the Urban Hennepin County Community Development Block Grant Application Y. PUBLIC HEARINGS A. Super Valu Shopping Center at Co. Rd. 18/Anderson Lakes Parkwa4 request to preliminary plat and relone from RuraTfTtqa71710 acres located in the SW gpadrant of Anderson Lakes Parka 'ad Co. Rd. 18 (Resolution No. 79-22 andlanance No. 79- (continued Vublic Hearing from February 6, 1979) Page 521 Page 544, Page 545 Page 546 Page 547 Page 549 Page 550 Pale 552 Page 202 funcil Agenda 2 .Tues.,March 6, 1979 VI. REPORTS OF ADVISORY COMMISSIONS ( A. Request from the Human & Services Comnission for a Joint Work Session Page 552A with the Council for March 13, 1979 ' VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Richard Hipp, MiPP's Mitchell Heights Fourth Addition, to Page 5528 preliminary plat 13 acres zoned RM 6.5 into 29 duplex lots (58 unitsl The site is located in the southwest corner of Tamarack Trail and Mitchell Road (Resolution No. 79-21) Continued from the February 20th Council meeting) MI. ORDINANCES & RESOLUTIONS A. Resolution No. 79-50, requesting the Minnesota Department of Transportation to put additional manpower, consulting assistance and effort into the 212 prOJaFt IX. REPORTS OF OFFICERS, BOARDS &-commassioNs Page 553 A. Reports of Council members kw , 1. Appointments to the Citizens Advisory Commission on Cable . TV 2. Appointment of Council Representative to the CATV Study fr.) Commission i Report of City Manager 1 7.) Bill from the MetropolitanWaste Control Commission 2. Amendment to Personnel Resolution No. 10 C. Report of City Attorney D. Report of City Engineer I. Right-of-entry agreement for Dell Road project, I.C. 51-326 are•c"- T--A"-- Page 569 7a -7A/5 7 2. Discuss MCA transportation plan — E. Report of Finance Director 1. Payment of Claims Nos. 3352 - 3507 NEW BUSINESS ADJOURNMENT. Page 562 Page 566 52 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 6, 1979 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath Acting City Manager John D. Frane; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; City Engineer Carl Jullie; City Forestor Stuart Fox, and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following changes were requested to be made to the Council Agenda: A. Item VII. A. to be moved to the Consent Calendar (Resolution No. 79-30) B. Item VIII. G. to be moved before item VIII. A. C. Removal of item IX. F. 2. from the Council Agenda D. Addition of item VIII. I. to the Council Agenda to read; "Appointmeas to the Citizens Advisory Commission on Cable. TV" E. Correction of legal description of the West 78th Street right-of-way abutting The Preserve property to-be added as item IX. F.g F. Discussion on Eden Prairie In Action under "New Business" category MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 16, 1979 Pg. 13, 2nd para., rephrase motion to read as follows: "Redpath moved, seconded • by Osterholt, to direct Director of Community Services Lambert and Staff to identify possible sites in the Topview area for a neighborhood park. Maim carried unanimously." Pg. 14, under item F. 3, 2nd para., 1st line, strike "properties" and insert In lieu thereof "equipment and property", MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the January 16, 1979 Council meeting as amended and published. Osterholt, Redpath, Edstrom and Penzel voted "aye', Pauly "abstained". Motion carried. Council Minutes - 2 - Tues.,February 6, 1979 III. CONSENT CALENDAR (7 A. Clerk's License List B. Accept utilities in the Raven Ridge Addition C. Amend cost participation agreement with D.O.T. for T.H. 169 project (Resolution No. 79-35) D. Final plat approval for Meadows 3rd Addition (Resolution No. 79-38) - E. Receive 100% petition and order improvements for Mitchell Lake Estates, I. C. 51-342 (Resolution Mo. 79-33) F. Receive 100% petition and order improvements for Chatham Woods, I.C. 51-343 (Resolution No. 79-34) G. Order feasibility report for T.H. 5 Frontage Road from Fuller Road to County Road 4, I.C. 51-336 (Resolution No. 79- 9) H. Resolution No. 79-40, participating in Minnesota Cities Week I. Resolution No. 79-30, requesting Local Planning Grant Funds from the Metropolitan Council (formerly item VII. B.) MOTION: Redpath moved, seconded by Osterholt, to approve items A - I on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Removal of diseased trees on private property (Resolution No. 79-37) Acting City Manager Frane explained proper notices have been sent to property owners affected by this Public Hearing, Director of Community Services Lambert spoke to memo dated February 1, 1979, recommending the Council require abatement of the trees on the list provided to Council members. Lambert explained the City is down to about 16 property owners that have not removed the trees to-date. Therefore the next step, according to the City's ordinance, would be to have the trees removed and the property assessed. Edstrom questioned if the City advertises for bids and the bids are accepted, what happens if some trees are taken down by the property owners prior to actual removal by the successful bidder. Lambert replied the City has to advertise for bids through contractors giving them an approximate number and they will bid on that number, and the City will have to pay the full amount. Frane explained the contract documents could be so constructed that the contract would be bid on a per piece basis as opposed to a lump sum, i.e., if the contractor removes 100 trees he would get paid for 100 trees. Donald Peterson, Edenvale, commented he would be agreeable to a per piece basis as outlined by Mr. Frane. Russell Marsh, 6509 Baker Road, explained he has about 40 trees to be taken down and requested an extension of taking his trees down closer to April 1, and also requested staff cooperate in helping people to get burning permits. 52 2- Council Minutes - 3 - Tues.,February 6, 1979 A. Removal of diseased trees on private property (Resolution No. 79-37) Continued City Forester Stuart Fox stated he would be willing to help Mr. Marsh fill out the application for a burning permit. Penzel acknowledged he would be inclined to grant Mr. Marsh the extension to April 1 given reasonable assurance that the job actually will get done, as there is a State law in effect which does require the City to remove the trees prior to April 15. Penzel pointed out the list shows 9 trees for Mr. Marsh, the others being left over from 1977. Fox commented the trees left over from 1977 that were not removed are beyond the stage of harboring beetles or providing breeding habitat, thus the only trees Mr. Marsh would have to remove would the 9 which are still infected. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 79-37, ordering a public improvement for the removal of diseased trees, with the understanding that the Staff will cooperate with the property owners that wish to obtain burning permits or other ways of removing trees prior to April 1, 1979. Motion carried unanimously. B. Super Valu Shopping Center at Co. Rd. 18/Anderson Lakes Parkway, request to preliminary plat and rezone from Rural to C-Comm. 10 acres located in the SW quadrant of Anderson Lakes Parkway and County Road 18 (Resolution No. 79-22 and Ordinance No. 79-01) Acting City Manager Frane explained approximately 350 notices have been sent to property owners adjacent to and in the near vicinity of the proposed project. ' Jim Ryan, Ryan Construction, owners and developers of the proposed shopping center, spoke to the proposal requesting approval for a 75,000 foot neighborhood mall shopping center. Mr. Ryan displayed a model of the project and introduced' Nick Mazany,representing Planmark Architects who will be doing the engineering and architecture, and John Boyle, representing Super Valu. Mr. Ryan commented Super Valu has taken a position with staff that 1) Super Valu is as interested as staff in the improvements at the intersection which would include a semaphore, and 2) Super Valu will bear the full brunt of the expense of Eden Prairie's share of the intersection and widening. There are also plans for expanding Anderson Lakes Parkway into a full park status and Super Valu would assume the full share of the improvements to that road, hopefully on a basis that would be assessed to Super Valu and not to exceed a figure of $70,000. Further City Staff has met with Bloomington and there has been a change requested of Super Valu in the last few days that would involve additional taking of property. Super Valu has evaluated this and are prepared to agree to this additional taking. By doing this with the required setbacks, there is a potential loss of parking. Super Valu has a ratio presently of 6.65 cars per thousand with the original 65,000 feet,and 6 cars per thousand with their future addition. That ratio seems comfortable to City Staff and it is higher than some of the existing retail in Eden Prairie. Super Valu would propose not tuttinn down that parking as they have some room to push down the blacktop area towards County Road #18. The only potential problem they have is a building setback of 50 feet off the property line. At this point they are down to a 35 foot set- back for their garden store. If possible, Mr. Ryan commented, Super Valu would like a variance and, if that is not possible, they would incorporate that spate. in changing the configuration of the remaining portion of the center. 523 Council Minutes - 4 - Tues.,February 6, 1979 8, Super Yalu Shopping Center (continued) City Planner Enger explained this project was reviewed by the Planning Commission on 2 separate occasions, the last meeting being 7/24/78. At that meeting the Planning Commission recommended to the City Council approval of the rezoning and preliminary platting of this approximately 10 acre site from Rural to Community Commercial subject to the items in the 6/9/78 Planning Staff Report, nd subject to intersection improvements made at Anderson Lakes Parkway and County Road #18 prior to the opening of the Center. Enger stated the primary reason why this project has been so long in coming to the City Council is that Super Valu and Ryan Construction agreed to wait through the study and design period by Hennepin County of the intersection. City Staff believes most of the problems with the intersection are fairly well answered and a solution on the way. The intersection improvements take the form of a widening of County Road #18 to accommodate turning movements and by-pass movements and cutting down the hump in the road north of the intersection on Co. Rd. #18 for more adequate site distance and installation of temporary signals. Enger noted Hennepin County informed City Staff that this work could progress this summer as maintenance and safety improvements, but that they were asking for participation by Eden Prairie and Bloomington as the surrounding communities. Eden Prairie's very preliminary estimates of the work anticipated by City Staff is somewhere in the range of $50,000 - $70,000, which could be the City's share of this improvement. This improvement, of course, is hastened by any type of development at this corner, but is necessary at this time regardless of future development because of the condition of County Road #18. Ryan Construc- tion, as the primary owner in this project, has agreed to bear the brunt of the City's share of the intersection improvements up to a cost of $70,000, which the Staff feels comfortable with. Enger commented Bloomington did not pass a resolution in support of the intersection where it exists today, rather they . passed a resolution contrary to that. Bloomington, of course, is ancitipating or hoping that County Road #18 would become a freeway and to that end they are not in favor of interim money being spent on County Road #18 for fear of putting off freeway construction. Eden Prairie and the Metropolitan Council have not taken the position to-date of advocating a freeway on County Road #18, rather a four-lane atgrade signalized road possibility. Mr. Enger further stated Jullie and Ulstad have met with representatives of Bloomington on various occasions and within the last week we have an agreement at their staff level that by moving the intersection another 50 feet further south to correspond with their plans, that the intersection improvements would be acceptable to them. Enger commented as Mr. Ryan indicated, the proponents can provide the additional right-of-way as necessary to accommodate the intersection improvements. In addition the Planning Commission recommended that the lighting in the parking area be of a low canopy residential nature not to exceed 20 feet, which Super Valu and Ryan Construction have agreed to. Main items of concern at the Planning Commission were: 1) appearance of the building, 2) safety problem, and 3) treatment of the parking. In the 1968 Guide Plan this area was too general and not specifically shown as commercial. In the Preserve PUD this area wasn't shown as commercial, it was shown as medium density residential to high density residential. The proposed City consultant and staff suggested guide plan illustrates this a potential site for either community commercial scale use of 100,000 to 200,000 square feet of commercial, or a neighborhood commercial use. Staff feels from planning standpoint this is an appropriate area for a community scale shopping center. John Wolcott, 9505 Garrison Way, presented a petition and letter from Tom Faranda in opposition to the proposed project and spoke to same. Wolcott cited reasons for opposition: 1) traffic patterns that could be established as a result of people crossing over from one end of Eden Prairie to the other, one end of The Preserve to the other, and one end of West Bloomington to the other end of Eden Prairie; 2) congestion; 3) lack of need; 4) possible Council Minutes - 5 - Tues.,February 6, 1979 B. Super Valu Wpping Center (continued) • deterioration of the Eden Prairie Center as a result of approval; 5) duplication of the stores already approved for the Center, and 6) the fact that when a lot of these ideas were originally being tossed around much of the support might have been generated by the fact that people in The Preserve had no place to count on for food,but now at least one food store has been approved for the Major Center Area. Wolcott stated he feels the area might be more suitably used for something like a residential/commercial mix, perhaps a Seven-Eleven store and some twin homes or some nice townhouses, but definitely not a shopping center as it is unneeded and unwanted. The following residents also spoke in opposition to the proposal: Linda Flavin, 9360 Co.Rd.18, Frank Fowler, 9400 Garrison Way, Fred Shuberg, 9405 Garrison Way, Ray Bieber, 9870 Garrison Way, Mr. & Mrs. Gilberstadt, 9480 Garrison Way, Larry Reed, 9933 Laurel Lane, Robert Louisiana, 9525 Garrison Way, and Mike Ylinen, 9300 County Road #18. The following reasons were cited: noise, bought home not knowing this area would be a large shopping center, center too large being next to a residential neighborhood, traffic, young people would congregate • around center and might cause problems, concern about Super Valu being open 24 hours a day like some of their other stores are, property values would go down, survey was misleading as it showed the majority of the traffic to be • on County Road #18 and that the proposal shown was for one or two stores - not a large shopping center as now proposed, and further that the poll was taken beforP Applebaum's was approved which satisfies most of the people in the area polled. Scott Northey, 9862 Linden Drive, spoke in support of the proposed project and stated he would rather support something in Eden Prairie than going into Bloomington and supporting their tax structure. Mr. Northey further stated there are other people in his area in support of the proposal who were unable to attend the Council meeting this evening. Edstrom questioned where the poll was taken. John Gerts, The Preserve, respond- ed in Amsden Hills, Garrison, Sherwood Forest, Highpoint and Basswoods and it covered about a 1 - 1 1/2 .iile area. Gerts also explained the poll was taken last May, and the response was 217 for the center and 105 against. Councilwoman Pauly commented when you live on a state highway or on a county road you are living on a highway that is there not to serve the neighborhood but to serve the metro area and the state. It seems no matter what happens traffic only gets worse and on County Road #18 it is going to get worse no matter what goes in on this corner. The Preserve PUD approval calls for medium to high density multiple. If it would go to multiple it would probably go to high density multiple, or if the new guide plan is accepted there would be a future intention of commercial at that corner, so it isn't going to be a park or even probably single family homes. Probably design-wise and landscape-wise, Pauly stated, the proposal under consideration is more attractive than a Tom Thumb would be although it is a lot larger. As far as the impact is concerned, If you had high density multiple you are going to have a lot of parking, a lot of people,and a lot of traffic and you are not going to have the convenience of the stores. Impact-wise it is probably about equal to what high density multiple would be with the shopping center. Both Tom Thumb and the high density multiple or a combination thereof is going to bring more traffic and yet probably will not bring the stop light in quite as a quick and efficient way that. Super Valu will. If this proposal goes through and it is built and put into place, it could turn out possibly to be about as popular and highly thought of as the Prairie Village Mall in a very similar situation. c Council Minutes - 6 - Tues.,February 6, 1979 B. Super Valu Shopping Center (continued) Councilman Redpath noted as a member of the Planning COMMUSiOn at the time this proposal was considered he voted in favor of the shopping center, Redpath stated County Road 018 is•almost as bad as State Highway #5 traffic- wise. Somehow the traffic is going to have to be broken up halfway down County Road #18. Eden Prairie cannot on their own put in the intersection with the signalization and this is one way to get signalization and also a convenience center. Councilman Osterholt felt the traffic hazards haven't been resolved and until we know exactly what is going to happen in that intersection we would be in a better position to make a judgement. Osterholt also feels this center would have an impact on the homes in the area and would tend to reduce the values of the homes that are adjacent to the property. If there is a lack in this situation, it is there wasn't more planning done when Garrison Forest went in and that piece of land at that time wasn't decided exactly what was going to be done. To put the homes in and come along now and say this is what you have to accept in the way of a shopping center is really an injustice to the homes that are there, and the section should not have been left with that piece of ground unplatted or undesignated or left in limbo. Osterholt stated he does not think the proposal under consideration is the highest and best use of the land, and for the Council to say this is the only thing we can approve, would be a mistake. Councilman Edstrom explained he has listened carefully to the views of the residents in the area and quite well understands when there is vacant land that people are not inclined to look at commercial or industrial development or multiple development or anything more than a park or single family development next to them. He also understands there may have been some state- ments made by the people who are selling the homes in the area that ran contrary to what is being proposed. On the other hand, Edstrom stated he has looked at the needs we have in southeastern Eden Prairie. At the moment we have no stores of any sort in that area and the population is growing tremendously. Eden Prairie is faced with a dilemma on how to provide for the needs of the people in the area. To suggest that the.store at Eden Prairie Center (Applebaum's) would adequately serve this area is questionnable in the sense that the traffic build up that may result in Anderson Lakes Parkway filtering people from the southeastern section of Eden Prairie could create prob- lems which really haven't been discussed. Edstrom further feels to rely on what Bloomington may or may not do in the future, also keeping in mind that they may adapt their plans to their view of County Road #18 as a freeway rather than as a parkway or something that is more accept from Eden Prairie's standpoint, would leave us out of control with respect to the appearance and the transportation in the southeastern section of our community. Consequently on balance, Edstrom stated he is inclined to support the proposal. Mayor Penzel commented he does feel we have a traffic problem on Anderson Lakes Parkway and County Road #18 and this proposal would be a step towards resolving that issue as whether the center is built or not, signalization would be a benefit. Under the given circumstances he does not believe we are assured that the matter would be taken care of in an adequate manner. Penzel stated he is not enamoured about the total size of the project that is proposed in relation to the neighborhood or its specific design as he is not convinced It is not just a pasted over version of a strip mall. Penzel suggested to the Council rather than make a final decision on this matter this evening which might be a detriment to the community, that the proponent return to the drawing board and review the proposal with the concerns in mind that were raised this • evening, and that City staff return to the discussion table with the County and Bloomington until we have finally resolved the issue as to whether there will be /;1/. Council Minutes - 7 - Tues„February 6, 1979 B. Super Valu Shopping Center (continued) participation from all of the proposed participants in the intersection improvements. MOTION: Redpath moved, seconded by Osterholt, to continue the Super Valu Shopping Center Public Hearing to the March 6, 1979 Council meeting. Motion carried unanimously. C. Norseman Industrial Park Third Addition by Herleiv Helle, request to rezone from Rural to 1-2 Park and preliminary plat 5.7 acres. The site is located approximately 775' west of Washington Avenue and 1300' south of Valley View Road (Resolution No. 79-23 and Ordinance No. 79-02) George Hoff, legal counsel for Mr. Helle, spoke to the proposal and answered questions of Council members. Hoff stated Mr. Helle agrees with all of the staff recommendations made by City Planner Enger and approved by the Planning Commission. City Planner Enger explained this item was reviewed at the January 8, 1979 Planning Commission meeting and was recommended for approval on a 5 - 0 vote for preliminary plat and rezoning from Rural to 1-2 Park contingent on the 5 recommendations in the Staff Report dated 12/27/78. Osterholt questioned if there would be more than one structure on the site. Hoff replied at the present time they are only contemplating one structure however, there is not a recommendation in the Staff Report that it be limited to one. Osterholt further questioned if any inner roads were contemplating, i.e., public roads or cul-de-sacs within the 5 acre site and that Mr. Helle not ask for any in the future. Enger replied there are none contemplated. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 79-23, approving the preliminary plat for Norseman Industrial Park Third Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to approve the 1st Reading of Ordinance No. 79-02, rezoning 5 acres from Rural to 1-2 Park for Norseman Industrial Park Third Addition by Herleiv Helle. Motion carried unanimously. MOTION: Pauly moved, seconded by Edstrom, to direct Staff to draft a developer's agreement incorporating the recommendations in the Staff Report dated 12/27/78. Motion carried unanimously. D. Lake Height5Addition by Universal Land Corporation, request to rezone from Rural to R1-13.5 and RN 6.5, and preliminary plat approval for 25 single familA, and 40 townhouses, and approval of Environmental Assessment Worksheet. Site is located south of Anderson Lakes Parkway and East of Darnell Road (Resolution No. 79-26 approving preliminary plat; Resolution No. 79-27 approving the Environmental Assessment Worksheet; and Ordinance No. 79-04) Acting City Manager Frane explained proper notices have been sent to abutting property owners and the proponent has appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission. Both Commissions have recommended approval. • 54 Council Minutes 8 Tues.,February 6, 1979 D. Lake Heights Addition (continued) Don Peterson, representing Universal Land Corporation, spoke to the proposal explaining the plan was modified after the Planning Commission meeting to consist of 32 townhouses and 29 single family dwellings. City Planner Enger explained this proposal was considered at the 12/11/78, 1/8/79 and 1/15/79 Planning Commission meetings, and by the Parks, Recreation & Natural Resources Commission meeting held 1/15/79. Enger noted the number . of units in thewestern multiple piece has been reduced.from 16 to 12 units and is in conformance with the size requirements of Ordinance No. 135. Enger stated he has met with City Engineer Jullie about the continuation of the proposed local road through Lake Heights Addition on through to the east through The Preserve area as there is a concern about timing. Enger felt it would be appropriate if the single family area went in first then the road would come through the Universal Land piece from Homeward Hills Roads. If The Preserve connection was not made by the time of construction, the buildings placed on the platted lots could end at the long cul-de-sac on the eastern end: so it would allow a turn around. The Staff Report dated 1/4179, Enger explained. detailed 3 alternatives and the developer has responded in this alternative to the main item of concern which was elimination of some of the multiple units. The developer has agreed to bear the whole construction costs of a first phase development of Homeward Hills Road to the southern boundary of this property and will be petitioning for an extention of Anderson Lakes Parkway on the north side of his property. Director of Community Services Lambert spoke to the recommendation for approval by the Parks, Recreation & Natural Resources Commission at the January 15, 1979 meeting. Lambert commented Outlot B is about an 13 acre site north of the foao owned by the School District, Outlot A is about an 11 acre site and is to be dedicated is the City. Lambert referred to letter from people living in Lake Eden South indicating they feel there is a strong need right now for some recreational facilities and requested the Council's permission to contact the School District to see if they would consider allowing the City to do some grading on the top of the school site so we could have some immediate active use for the people living to the west. Also fill is needed from the school site to develop Outlot A according to the plan that has been developed. Councilwoman Pauly asked what the status is of Outlot C. Lambert replied the Lake Eden residents would like to see the City buy Outlot C for park purposes. Pauly further questioned if it would be feasible for the City to buy Outiot C. Lambert responded because of the topo, the land doesn't lend itself for develop- ment as a park and there were no cash park fees generated to purchase the open space land to serve the area, but Outlot A should be connected with a path through Outlot C. Peterson responded he felt it would be possible for Eden Land Corporation to provide a trail easement through Outlot C to connect with Outlot A. Darcy Peterson, 8257 Mitchell Road, asked Mr. Peterson if Universal Land Corporation is considered a small, medium or large contractor. Don Peterson replied that Universal Land Corporation does not build houses. They have been developing residential projects, i.e., developing lots, putting in sewer, water and streets and then marketing them. Gloria Pond, 8819 Darnell Road, reitereated the concern referred to in petition (on file at City Hall) regarding the potential traffic problems on Anderson Lakes Parkway which will occur with further development and the need for other ways out of the park to prevent accidents. 6,2 wunt.11 minutes - 9 - Tues.,February 6, 1979 0, Lake Heights Addition (continued) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-26, approving the preliminary plat for Lake Heights Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-27, finding the Environmental Assessment Worksheet for Lake Heights Addition does not require an Environmental. Impact Statement. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to approve the 1st Reading of Ordinance No. 79-04, rezoning from Rural to R1-13.5 and RN 6.5 for 32 t o w n - house units and 29 single family dwellings for Lake Heights Addition by Universal Land Corpration, Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer's agreement including: I) recommendations of the Staff Report dated 1/4/79, 2) that development not be implemented until internal roads shown on the site plan are in place along with the completion of Anderson Lakes Parkway and Preserve Boulevard and restoration of the underpass, 3) sidewalk along Anderson Lakes Parkway and Homeward Hills Road, 4) a deed be obtained to the ll acre park site before the 2nd Reading of Ordinance No. 79-04, and 5) that an easement of no less than 20 feet be obtained across Parcel C to gain direct access to Outlets 8 and A. Motion carried unanimous l y . MOTION: Redpath moved, seconded by Pauly, to instruct Staff to investigate with the School District the use of Outlot B for a temporary park. Motion carried unanimously. E. Chatham Wood by Tome Development, request to rezone 40 acres from Rura l t o R1-13.5 for 59 single family lots, preliminary plat approval, and approval of Environmental Assessment Worksheet (Resolution No. 79-24, approving pre m nary p at; Reso tu on 5 approving the LAW; and Ordinance No. 79-03 Acting City Manager Frane stated that proper notices have been mailed to t h e affected property owners. The proponents have appeared before the Plannin g Commission and the Parks, Recreation & Natural Resources Commission and bo t h commissions have recommended approval. Tom Selseth, the proponent, spoke to the proposal and answered questions o f Council members. City Planner Enger explained this item was considered at the Planning Commission meeting on January 8, 1979 and was recommended , for approval to the City Council on a 5 - 0 vote. Enger further spoke to the specifics in the Staff Report dated 1/2/79 and to the recommendation made by the Planning Commission. Larry Hansen, Schoell & Madsen, commented to serve the property to the east there is an outlot which is not only intended for an access but for ponding. Penzel suggested that by merely extending the streef to the east just to the south of the proposed pond, the problem can be avoided and access can be gai n e d to lot 6 from that street. Hansen stated the reason there isn't a definite access shown is the people that are working with the abutting property ca l l e d them and said they do not have a layout, and they would like the proponents to provide access. Since they couldn't give the proponents a specific loc a t i o n . the proponents chose not to give a location but merely to furnish the outlet. 5 2' 530 Council Minutes - 10 - Tues.,February 6, 1979 E. Chatham Wood by Tome Development (continued) Osterholt referred to the problem of runoff and stated as areas become cultivated, and people are fertiltzing their lawns, these are the kinds of things that pollutes the streams and we are going to have some reel problems. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing, Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-24, approving the preliminary plat for Chatham Wood by Tome Development. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-25, finding the Environmental Assessment Worksheet for Chatham Wood does not require an Environmental Impact Statement. Motion carried unanmously. MOTION: Osterholt moved, seconded by Edstrom, to approve the 1st Reading to Ordinance No. 79-03, rezoning 40 acres from Rural to R1-13.5 for 59 single family lots for Chatham Wood by Tome Development. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to direct the Staff to draft a developer's agreement incorporating the recommendations of City Staff, Planning Commission and the Parks, Recreation & Natural Resources Commission, a provision be made in Outlot C for a road extension in the future to the east and that the remaining outlots be left as open space. Further that the scenic easement line be depicted by the staff in an exhibit showing the 880 contour. Motion carried unanimously. F. Round Lake Estates Second Addition by Arlo Eliason, request for preliminary plat approval of 34 acres zoned R1-13.5 into 69 single family lots, a 3.2 acre ark and a royal of Environmental Assessment Worksheet (Resolution o. 79-28, approving pre minary p at; eso ution o. 79-29, approving the Environmental Assessment Worksheet) Acting City Manager Traiw stated that proper notices have been mailed to the affected property owners and that proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission. Both commissions have recommended approval. Lynn Caswell, Consulting Engineers, Inc., representing the proponents, spoke to the proposal and answered questions of Council members. City Planner Enger explained this proposal was considered at 4 consecutive Planning Commission meetings and was recommended for approval to the Council at the 12/11/78 commission meeting. This is part of an original PUD that goes back into the 1970's by Mr. Eliason. One item of concern is that timing of the development be correlated so that construction and occupancy not take place prior to the connection of the Lake Trail Estates Road to Highway #5 and through Luther Way. It is in conformance with Ordinance No. 135 and no variances are requested. There is a 3.2 acre mini-park provided toward the center of the development. This was part of the original open space commitment of the original PUD and although it is less in acreage, staff believes the current proposal is in conformance with the existing ordinance and does believe that the mini-park will serve the neighborhood well and will provide an open space connection from the Mitchell Lake floodplain to the west over to Bound Lake, Council Minutes - 11 - Toes. ,February 6, 1979 F. Round Lake Estates Second Addition (continued) Enger went over the specifics outlined in the Staff Report dated 12/6/78, further noting one recommendation.from Staff which was not included in the report that the developer dedicate a 20 foot open space trail corridor from the existing City owned outlot lying in the southeast corner of Round Lake north along the eastern edge of lot 1, block 1, Round Lake Estates Addition. Mr. Eliason stated he has a problem with access to the east as it would be difficult for him to final plat a development under the conditions that he could build only when there was a road made useable through to the east. City Attorney Pauly further spoke to Mr. Eliason's concern that he has no control over the development of the road through Lake Trail EStates and if he will be prohibited from building on lots in Round Lake Estates until that road is opened up, he is subject to a condition over which he has no control. Thus if it is made a condition in the developer's agreement that he cannot build homes on Round Lake Estates until such time as the street is opened up, it certainly presents a legal impediment to him. Ken Geason, 7621 Atherton Way, stated he has requested that the access through Lake Trail Estates be in existence before the building commences. Geason reminded the Council the people in his area petitioned and were success- ful at a Council meeting that no new development would take place until there is another way east out of the area. The residents are still of the opinion that they don't want any building until there is another access out north or east before any development comes in. A further concern was expressed by Mr. Geason of the residents in the area that the water in the mini-park be made more difficult for youngsters to get'into. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on Round Lake Estates Second Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-28 3 approving the preliminary plat for Round Lake Estates Second Addition contingent that no building permits be issued until blacktop streets are in place in the Lake Trail Estates development and Round Lake Estates. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to direct Staff to draft a developer's agreement incorporating the recommenations of the Staff Report dated December 6, 1978, that no building permits be issued until blacktop streets are in place in the Lake Trail Estates development and Round Lake Estates, and that Luther Way and Heritage Road not be used for construction traffic. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-29, finding the Environmental Assessment Worksheet for Round Lake Estates Second Addition does not reuive an Environmental Impact Statement. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, to continue the Council meeting past the 1 1:30 PM scheduled adjournment time until 1:30 pal. action carried unanimously, V. REPORTS OF ADVISORY COMMISSIONS No reports. • 53) Council Minutes - 12 - Tues„February 6, 1979 VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Richard Hipp, Hipp's Mitchell Heights Fourth Addition, to preliminary_plat 13 acres zoned RM 6.5 into 29 duplex lots (58 units). The site is locatedin the southwest corner of Tamarack Trail and Mitchell Road (Resolution No. 79-21) Don Sorensen, legal counsel for the proponent, spoke to the proposal and specifically to the communication dated 1/4/79 from Richard Hipp. Mr. Filippi of Filippi & Associates, Inc., also was present representing Mr. Hipp and answered questions of Council members. Enger explained this item was recommended for approval to the Council at the 1/8/79 Planning Commission meeting contingent on the report of 1/6/79. There was a cash park fee assessed on the 3rd Addition which was not collected as part of the 3rd Addition and Mr. Hipp brought in the check in the amount of some $6,000 to bring that up-to-date. The proponents do propose to pay the cash park fee on the balance of this property and dedicate a tot lot park. One of the things which was of concern at the Planning Commission was the relationship of the duplex lots to the single family homes directly to the west. This has been modified and most units pulled back from the lot line. On the units in the northern cul-de-sac that are a little bit closer to the tot line, the proponents have agreed to submit a landscape plan for buffering from those single family homes. The southern cul-de-sac is a considerable grade differmice than the single family homes and operates as a transitional use. The Ruilding, Planning and Engineering departments have a concern about duplex lots on cul-de-sacs because of the limited 45' frontage and feel only the units which car combine driveways to provide only one driveway out to the cul-de-sac should be allowed on the cul-de-sac. This is in conformance with what the developer has proposed. "T"-driveways will be provided along the four lots adjacent to Mitchell Road so that cars will not have to back out on to Mitchell Road. The asphalt pathway down along Tamarack Trail and then southerly along Mitchell Road will be accomplished by the developer. The developer has also agreed to accomplish the greenway connection and bituminous pathway in the two locations and construction of a tot lot in the green area. Lambert stated the Parks, Recreation & Natural Resources Commission reviewed this proposal on 1/15/79 and recommended approval according to his Staff Report dated 1/12/79, with the exception they eliminated items "E" and "F" and also the recommendation that the bituminous path leading to the west would connect all the way to the cul-de-sac. Edstrom referred to the steep slopes and questioned if there is any danger of erosion. Enger replied the developers will have to be very careful during construction to prevent erosion of their own lots on to their own lots. Penzel asked who would be responsible for the maintenance of the retaining walls once they are up. Enger responded they end up on the individual lots and the owners of those lots would be responsible. Penzel further questioned what kind of assurance would the City have that those property owners would actually be maintaining those retaining walls or would the residents on top of the hill have to risk private suits to enforce their property should a washout occur. Enger explained it could be worked out in the developer's agreement that the developer or the property owner that has the retaining wall in his yard would be responsible for the maintenance. 63.4 Council Minutes - 13 - Tues„,February 6, 1979 A. Request by Richard Hipp, Hipp's Mitchell Heights Fourth Addition (continued) Osterholt questioned if the cul-de-sac met City requirements. Enger replied the cul-de-sac does not meet City requirements but exceeds the requirements by about 350 feet. • Osterholt stated he felt it would be a better development if the road system served the area in a loop rather than 2 cul-de-sacs and urged the developer to consider same. Bob Grimes, 8345 Heather Avenue, expressed concern about the 9 foot drop from the top lots down to the bottom lots, i.e., danger of children falling. Darcy Peterson, 8357 Mitchell Road, asked why this item was not a Public Hearing. Penzel replied the Council does not hold Public Hearings for platting. Mr. Peterson then stated he felt the 1972 plan was a super plan; however, he was opposed to the plan now under consideration. MOTION: Osterholt moved, seconded by Redpath, to continue the request by Richard Hipp to the February 20, 1979 Council meeting. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. Resolution No. 79-30, requesting Local Planning Grant Funds from the Metropolitan Council This item was moved to the Consent Calendar (item III. I.) B. Resolution No. 79-36, granting preliminary approval for MIDB's for Ruben Anderegg Acting City Manager Frane introduced Mr. Ruben Anderegg and David Frederiksen, Vice President of Miller & Schroeder Investment Corporation, representing Mr. Ruben Anderegg. Frane commented Mr. Anderegg would be personally liable for the mortgage and his request is in accordance with the City's guidelines for MIDB's. MOTION: Redpath moved, seconded by Edstrom. to adopt Resolution No. 79-36, granting preliminary approval for Municipal Industrial Revenue Bonds for Ruben Anderegg. Motion carried unanimously. VIII. APPOINTMENTS G. Planning & Zoning Commission - 3 appointments: 2 appointments for 3 year terms, commencing 2/28/79 and expiring 2/28/82; and 1 appointment to an unexpired term commencing immediately and expiring 2/28/80 (Note: Page 1, this item was moved to the top of the appointments) 3 year terms: (2 appointments) Penzel placed the names of William Beaman and Hakon Torjesen into nomination. Osterholt placed the name of John Wolcott into nomination. Edstrom placed the name of George Bentley into nomination.. 1'20 Council Minutes - 14 - G. Planning & Zoning Commission (continued) 3 year terms (2 appointments) Redpath placed the name of Fred Baumann into nomination. Pauly placed the nape of Viriinia Gartner into nomination. Upon tabulation of ballots, William Bearman and Hakon Torjesen were selected to fill the 3 year terms on the Planning & Zoning Commission. 1 year unexpired term (1 appointment) Pauly placed the name of Virginia Gartner into nomination. Edstrom placed the name of George Bentley into nomination. Redpath placed the name of Fred Baumann into nomination. Osterholt placed the name of John Wolcott into nomination. Penzel placed the name of Robert Carlson into nomination. Upon tabulation of ballots, George Bentley was selected to fill the 1 year unexpired term on the Planning & Zoning Commission. A. Board of Appeals & Adjustments - 2 appointments for 3 year terms, commencing 2/28/79 and expiring 2/28/82 Penzel placed the names of Ronald Krueger and Roger Sandvick into nomination. MOTION: Osterholt moved, seconded by Redpath, that nominations be closed and that a unanimous ballot be cast for the appointments of Ronald Krueger and Roger Sandvick for three year terms to the Board of Appeals & Adjustments. Motion carried unanimously. B. Building Code Board of Appeals - 2 appointments for 3 year terms, commencing T7211/79 and expiring 2/28/82 Penzel placed the name of Charles DeBono and Gerald Offerman into nomination. MOTION: Osterholt moved, seconded by Edstrom, that nominations be closed and that a unanimous ballot be cast for the appointments of Charles DeBono and Gerald Offerman for three year terms to the Building Code Board of Appeals. Motion carried unanimously. C. Development Commission - 3 appointments: 2 appointments for 3 year terms commencing 2/28/79 and expiring 2/28/82; and 1 appointment to an unexpired term commencing immediately and expiring 2/28/80 3 year terms (2 appointments) Redpath placed the name of Robert Hanson into nomination. Edstrom placed the names of Tim Pierce and Robert Moore into nomination. Tues.,February 6, 1974 Penzel placed the name of Dennis Truempi into nominatinn, r211 Council Minutes - 15 - Tues.,February 6, 1979 C. Development Commission (continued) 3year terms (2 appointments) Upon tabulation of ballots, ttobert Hanson and Tim Pierce were selected to fill the 3 year terms on the Development Commission. 1 year term (1 appointment) Edstrom placed the name of Robert Moore into nomination. Penzel placed the name of Dennis Truempi into nomination. Upon tabulation of ballots, Robert Moore was selected to fill the 1 year unexpired term on the Development Commission. D. Historical and Cultural Commission - 2 appointments for 3 year terms, commencing 2/28/79 and expiring 2/28/82 Penzel placed the names of Carol Hone and Albert Fiche into nomination. MOTION: Redpath moved, seconded by Osterholt, that nominations be closed and that a unanimous ballot be cast for the appointments of Carol Hone and Albert Picha for three year terms to the Historical and Cultural Commission. Motion carried unanimously. E. Human Rights & Services Commission - 4 appointments: 2 appointments for 3 year terms commencing 2/2011 and expiring 2/28/82; 1 appointment for an unexpired term commencing immediately and expiring 2/28/81; and 1 appointment to an unexpired term commencing immediately and expiring 2/28/80 Penzel placed the names of Barbara O'Grady, Marcia Lockman and Ann Hodgson Thiel into nomination. Edstrom placed the name of Duane Pidcock into nomination. Penzel recommended Barbara O'Grady and Duane Pidcock for the three year terms; Marcia Lockman for the two year term; and Ann Hodgson Thiel for the one year term. MOTION: Osterholt moved, seconded by Redpath, that nominations be closed and that a unanimous ballot be cast for the appointments of Barbara O'Grady and Duane Pidcock for three year terms, Marcia Lockman for a two year term, and Ann Hodgson Thiel for the one year term to the Human Rights & Services Commission. Motion carried unanimously. F. Parks, Recreation & Natural Resources Commission - 2 appointments for 3 year terms, commencing 2/28/79 and expiring 2/28/82 Redpath placed the name of Richard Anderson into nomination. Penzel placed the name of Robert Carlson into nomination. MOTION: Osterholt moved, seconded by Redpath, that nominations be closed and that a unanimous ballot be cast for the appointments of Richard Anderson and Robert Carlson for three year terms to the Parks, Recreation & Natural Resources Comnission. Motion carried unanimously. 535' Council Minutes - 16- Tues.,February 6, 1979 G. Planning & Zoning Commission (moved ahead of item VIII. A. as per Council request) H.- Flying Cloud.Airport Advisory Commission of Eden Prairie - 2 appointments for 3 year terms, commencing 2/28/79 and expiring 2/28/82 Penzel recommended Tom Faranda and Sally Brown for the appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie. Edstrom suggested Dr. Henry Brandt. MOTION: Redpath moved, seconded by Osterholt, to concur with the recommendations of Mayor Penzel to appoint Tom Faranda and Sally Brown for three year terms to the Flying Cloud Airport Advisory Commission of Eden Prairie. Motion carried unanimously. I. Appointments to the Citizens Advisory Commission on Cable TV Penzel recommended James Rude, Lyle Shaw and Mrs. Ismail Ismail for appoint- ments to the Citizens Advisory Commission on Cable TV, MOTION: Redpath moved, seconded by Edstrom, to concur with the recommendations of Mayor Penzel to appoint James Rude, Lyle Shaw and Mrs. Ismail Ismail to the Citizens Advisory Commission on Cable TV. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting Past the 1:30 AM time limit previously set by Council members. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members I. Councilman Osterholt requested that Staff prepare something on the water quality of our City, as residents are receiving material in the mail inferring residents need water softeners even if they are connected to City water. 2. Councilman Osterholt requested that Council members let Staff know what material they do not wish to be sent to their homes, i.e., in "For Your Information" or in the Council packets. This item to be further discussed at the February 20th Council meeting. 3. Councilman Edstrom requested that an item be on the February 20th Council agenda regarding the public information meeting on Flying Cloud Airport. B. Report of Acting City Manager C. Report of City Attorney I. Creekside Heichts Development Avreement (Yorkshire Point) City Attorney Pauly explained at the last Council meeting a request for an amendment to the developer's agreement on Creekside Hieghts (Yorkshire Point) was made and questions were raised as to the content of that agreement. The original development approval was for 27 lots - 6 single family dwellings to be made available for sale at less thatn $40,000, and the remaining number of 21 available for sale at less than $50400. Hart Homes, the builders, constructed 6 units and came to the conclusion they • couldn't complete the project. Mr. Zachman came in and said he was willing ts1(- Council Minutes - 17 - Tues.,February 6, 1979 1, Creekside Heights Development Agreement (Yorkshire Point). to complete the project of homes to be sold for $54,900 and pointed out that the additional cost of the $54,900 was actually equivalent to $50,000 or less than $50,000 value in 1978. Mr. Zachman also pointed out that the reason for tharprice included some mortgage points, financing costs and sales costs. In reviewing the agreement, Mr. Pauly, stated it indicates rather clearly there is no provision for escalating the price due to inflationary factors. The application to the Metropolitan Council indicated that, except that the houses by Hart were to be prefabricated type of houses as opposed to Zachman's homes which are built onsite, the proposals are very similar. The procedure, if the Council wishes, would be to amend the developer's agreement which is within the power of the Council to do, and approve the Zathman proposal, or to not approve it. Al Schrader, Hart Homes, spoke in favor of the requested amendment as outlined by Mr. Pauly. Osterholt questioned what assurance the Council has that the $54,900 is going to be the top price. Mr. Schrader responded he has entered into a purchase agreement with Mr. Zachman on the balance of the lots and the language of the purchase agreement falls in line with the approval of the modification to the developer's agreement requested. That is that all homes will be built at a maximum cost of $54,900 including all sales costs and all financing costs. Schrader stated the, agreement is already executed and is pending approval of the amendment to the developer's agreement by the Council. Osterholt felt the alternative would be to replat the property to larger lots, thus maybe putting in different size homes and making the development more attractive. MOTION: Redpath moved, seconded by Edstrom, to grant the modification to the developer's agreement for Creekside Heights (Yorkshire Point) to allow the marketing of the remaining homes at $54,900, all costs included, to be built by Mr. Zachman. Redpath, Edstrom and Penzel voted "aye", Osterholt and Pauly voted "nay". Motion carried. D. Report of Planning Director 1. Bluff's West 2nd Addition Environmental Assessment Worksheet (Resolution No. 79-31) Osterholt questioned Edstrom, who attended the recent meeting on Flying Cloud Airport, if these particular home sites were in question. Edstrom responded it was discussed at the meeting and the point was made that these homes were outside the A and B zones, which are the areas that are restricted as far as this type of building is concerned, so it would not present a problem. There would be a noise question regarding the aircraft, but the development itself would not present a noise hazard. As far as the airplanes themselves are concerned, Edstrom stated he doesn't know whether that has to be addressed in the Environmental Assessment Worksheet. Osterholt commented he would hate to see this item signed off on and find if we go along with the airport recommendations that we have boxed ourselves into a situation if the noise is a problem to those residents who will be purchasing homes in Bluff's West 2nd Addition. • r2-1 iu Council Minutes - 18 - Tues.,February 6, 1979 1, Bluff's West 2nd Addition EM (Continued) Penzel stated it bothers him we are putting the City in a position where two or three years from now we have people come in because of the terrible noise In. Bluffs West 2nd Addition. MOTION: Pauly moved, seconded by Penzel, to adopt Resolution No. 79-31, finding the Environmental Assessment Worksheet for Bluff's West Second Addition a private action does not require an Environmental Impact Statement. Pauly, Edstrom and Redpath voted "aye", Osterholt and Penzel voted "nay". Motion carried. E. Report of Director of Community Services 1. Eden Prairie Stables Director of Community Services Lambert spoke to his memo dated January 31, 1979, recommending the Council consider advertising for proposals for leasing the stables and operating a facility that would offer riding lessons, horse training and horse boarding. General discussion took place as to Who would run the stables during the interim. Dennis Thom, 3018 McLeod Street South, Burnsville, Mn. 55337, commented he might be willing to operate the stables on an interim basis until the City decides what to do. Council suggested Mr. Thom get together with Mr. Lambert to discuss the particulars. MOTION: Osterholt moved, seconded by Edstrom, to authorize Staff to proceed for interim employment of an operator of the Eden Prairie Stables until the matter can be resolved, not to exceed 3 months, and that this matter be placed on the February 20th Council Agenda. Nation carried unanimously. F. Report of City Engineer 1. Final Plat approval for Hipp's Mitchell Heights 4th Addition (Resolution NoT79-32) MOTION: Osterholt moved, seconded by Edstrom, to continue the final plat approval for Hipp's Mitchell Heights 4th Addition to the February 20, 1979 Council meeting. Motion carried unanimously. 2. RLS approval for Golf Vista development Note: Page 1, item I. C., this item was removed from the Council agenda. 3. Correction of legal description of the W. 78th Street right-of-way abutting The Preserve property MOTION: Pauly moved, seconded by Osterholt, to approve the Quit Claim Deed dated 2/6/79 which corrects the legal description of the right-of-way limits for W. 78th Street from Schooner Boulevard to the east. Motion carried unanimously. G. Report of Finance Director 1. Payment of Claims Nos. 2960 - 3150 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 2960 - 3150. Roll Call Vote: Redpath, Edstram, Osterholt and Penzel voted "aye", Pauly "abstained". Motion carried. 17,1W Council Minutes - 19 - Tues.,February 6, 1979 X, NEW BUSINESS A. Eden Prairie In Action General discussion took plate as to Council's attendance at Eden Prairie In Action to be held Saturday and Sunday, February 24th and February 25th. Penzel suggested a schedule be arranged so Council Members would not all be in attendance at the same time. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Penzel 1 to adjourn the meeting at 2:15 AR. Motion carried unanimously. 5 ci .95;12-- acr- c (CaPrr .Sett lt*ty 95.10 " etzie 1.4c, uotxxsi smett, lAggABY SIGI4 trf 0 ^ OrtoSt-Tiet4 -LIkE. 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Aux, ...(6.0./. February 2, nen Dear Councilmemberes I would like to state my opposition to the proposed "mini shopping center" to be located in the Preserve on the corner of county 12 and the Past-West Parkinty. The need for a localised shopping area with availability of groceries, drugs and other necessities will be more than adequately net by the new stores approved for the major center area. Duplication of these stores is not only unnecessarY. It la also dangerous as the small population of the area will not support such over-development. Another reason for my objection relates to the existing traffic problem at that corner. It is otmious that the development of a shopping mall would only Increase this problem. On the other hand, the major oentar area is well planned to handle the increased traffic load as well as the increased parking need. I believe that a petition of the Preserve area would demonstrate that Most of the homeowners are concerned about this potential shopping area. I believe a petition would Aemonstrate the disapproval of the people who willost directly affected by this project. I ask you not to make any further oommittmenta to this project until such a petition Is presented to you. Thank you for listening and considering sly opinion on this most important matter. Cordially. \•- l46.z4,14 Thomas W. Paranda FEB 2 'S 159 February 28, 1979 Mr. Roger Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, Minn. 55344 Alex Doronkemper 18925 Pioneer Trail Eden Prairie, Kinn. 55344 Phone: 445 7257 Re: Request for a Public Hear before The Ci uncil. Dear 1%.r. Ulstad: On January 26, 1979 I flied an application with the city Aar ‘the rezoning of Outlet A Crestwood 7IXtem a Rural Zoning District. to an R1-22 Residential .„Zoning District and also for the divisinn. of Outlot A into three lots. On February 26, 1979 my a lication. was brought before the City Planning Commission and they agreed .with City Staff's ReCentenda.,_ tins that my reqUest should be denied and the be*rintwat elesedi. Therefore I am now reqUeeting 4-Public Hearing before the City Council. Sincerely, Zto+144"1"4-- Alex Dorenkamper • " REAL ESTATE CONSULTANTS February 28, 1979 Roger tasted Eden Prairie City Hall Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Roger: re: Rearming ef the Eden traixie United Methodist Parsonage Could you schedule on the COunoil calendar a PPIU e Rearing for the rezoning of the above parsonage located at 15188 Scenic Heights Road at the earliest possible tine, The parsonage is on the western edge of a large weal that also holds the Church building. The rhntoh. is selling the parsonage and Is requesting the rezoning of .09 acres from Public tO The Church is selling the parsonage in order cc make it possible for our Pastor to own his own home through a housing al Avarice. We have been blessed with a buyer for the house already and wonder if it would be possible to be on the Agenda for the Council's; second Malting in March. Please advise me at your earliest convenience. Thank you for your time and attention. Sincerely, Pi-ARCS a aSEOC BY: Tie Pierce TP/110, 5-16 6440 Rest Cloud Clem EdesPretie,Minnescsa53/ area 94141N5 March 6, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 10. 79-46 RESOLUTION SETTING HEARING FOR VACATING T.H. 169 SLOPE EASEMENTS WHEREAS, it is proposed to vacate certain slope easements . which are no longer needed and which are legally described at follows: Those permanent slope easements adquired under the T.H. 169 improvement project SI466$ MOM SAP No. 274445. NOW, THEREFORE., RE IT usoINED by the Eden Prairie City Coon as follows: 1. A public heating sball he held on the 17th day cif A 1979, at the 'Eden' Prairie .City Hail to consider the vacation of said easements. 2. The City Clerk shall give proeprty legal notice of such hearing as required by law (2 weeks published and posted notice.) ADOPTED by the Eden Prairie City Council On ATTEST: John D. Frane, Clerk ATTEST: John D. Frane, Clerk SEAL March 6, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-46 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN ROUND LAKE ESTATES 2ND ADDITION, I.C. 51-361 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improvements in ROund Lake Estates 2nd Additton, I.C. 5I-361, at an estimated total cast of 6530,000 have petitioned the City Council to construct said improvements and to assess the entire cost -against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of RCM Assoc., Inc., shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on CITY OF EDEN PRAIRIE, MINNESOTA 109% PETITION FOR LOCAL IMPROVEMENTS' TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie C i t y C o u n c i l t o p r o c e e d with making the following described improvemen t s : (General Location) ____i_sanitary Sewer L L L4 ro kht csref X tatermain X .n4= Sewer )( Street Paving C (As .404`44. Other Pursuant to M.S.A. 429.031, Sub& 3, the undersigned hereby waive any public hearing to be held on said improvements, a n d further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further u n d e r s t a n d that the preliminary, estimated total cost for the said ivroVeMen t s i s •YP ° 0 Street Address or other Legal Description of Preperty to be Served Names and addresses of Petitioners Must be owners of rePord) /: Li ooup i4K5. grid T• teloinfq.),() C6441-- 44? ••• If ,t •• It S . t. • It ft (e if (For' City Use) Date Received Project No. Council Considers if, /In 6111 MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Fenzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer March 1, 1979 Bids for Water Meters Bidding specs balm been prepared for the purchase of water meters to be supplied to the City as needed for the next 12 months. We have struc- tured the specifications to allowthe-ROCRweilManufeCtoring.Co. and the Neptune Meter co. to sUbmittheir.hids. This will assure the cilt of competitive prices -An* precluding the POSSIbiritY Of . have several different meters in use, which could -result In leetetwOon and maintenance problems and confusion in motet reeetele- The ledge11 and Neptune meters are very Ostler in quality, performance and appear- ance. It is reconmended that the Council approve the water meter -9-pece awl set- a bid opening date of Monday, April 9, 1979,- at •01:410 AA CJJ:kh March 24 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-47 A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK INDUSTRIAL PARK WHEREAS, the plat of Shaky Oak Industrial Park has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 4E2 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan frild the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Shady Oak Industrial Park is ap upon compliance with the reconmendation of the City Engineer's Report on this plat dated February Vd, 1979. B. Variance Is herein granted from City Ordinance No. 93, Sec. 8. Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Resister of Deed and/Or Regis- trar of Titles for thier use as required by MBA 462.3E8, Subd. 3. D. That the City Clerk is hereby directed to supply a certified cony of this Resolution to the owners and subdividers of the above named plat. * E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on ATTEST: John D. Frane, Clerk 560 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT:. Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer February 28, 1979 SHADY OAK INDUSTRIAL PARK PROPOSAL: The developer, Richard W. Anderson, Inc., is requesting City Council approval of the final plat of Shady Oak Industrial Park. The plat consists of 4 lots containing 5 acres or more. Outlot A, as shown on the plat, shall be eliminated and the area combined with Lot 2, Block 2. HISTORY: The preliminary plat was approved by the City Council on Decem- ber 12, 1978, per Resolution #78-217. Zoning to 1-5 Park was included in Ordinance #135, description 1-7. The Development Agreement referred to in this report was executed on January 2, 1979. VARIANCES: Any variances requested must be processed through the Board of Appeals. UTILITIES AND STREETS: The developer has requested City installation of all streets and utilities within the plat. The developer will be responsible for completing all site grading prior to the installation of these utilities. PARK DEDICATION: Requirements for park dedication are covered in the Development Agreement. BONDING: No bonding will be required for this plat. A cash deposit will be required to cover the cost of street signs and first year instal- lation and maintenance costs for street lighting. RECOMMENDATION: Recommend approval of the final plat of Shady Oak Indus- trial Park, subject to the requirements of this report and the follow- ing: 1. Receipt of cash deposit for street signs in the amount of $290. 2. Receipt of cash deposit for street lighting in the amount of $787.20. 65/ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION 79-49 A RESOLUTION AUTHORIZING SUBMISSION Of THE CITY OF EDEN PRAIRIE COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART Of THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Eden Profile has executed a Cooperation Agreement with Hennepin County agreeing, to participate In the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, a three year tommonityDeVelcpment Program and • .Housing Assistance Plan, ties been Prepared tonalStantlaitbthe Comprehensive Urban Hennepin County ComMunitylleVeltPment strategy and the Community Development Program. Regulations:, and WHEREAS, the three year Community Development Program and Housing Assistance Plan has been subject to citizen revieW Pursuant to the Urban Hennepin County Citizen Participation Plan. BE IT RESOLVED, that the City Council of the City of Eden Prairie approved the proposed three year Community Development Program and Housing Assistance Plan and authorizes the appropriate execution of the application material and transmit it to Hennepin County for consideration as part of the Year V Urban Hennepin County rnmmilnity Development Block Grant Application. ADOPTED, by the City Council on the day of 1979. ATTEST: Wolfgang K. Penni, Mayor John D. Frane, City Clerk SEAL P.O. Box 67 53!3 altaeol T. H. No. 212 Task Force Phone (612) 448-3121 February 1, 1979 47 CO M tal" Chaska, Minnewla 55318 FEB 27 1979 Re: Relocated T.H. No. 212 fiom #494 to Norwood, Minnesota Dear Mayor: enclosed please find a sample resolution we. The T.H. No. 212 Task Force, would hope your municipality would consider adopting. In brief the resolution requests MnDOT to put additional manpower, consulting assistance, and effort into the 212 project. The T.H. No. 212 Task Force is a small group of people from eastern Carver County interested in seeing that eastern Carver County, together with the whole west central portion of the State of Minnesota, obtains a good four lane farm to market road. From the enclosed copy of a map of the State of Minnesota you can see that the west central portion of Minnesota is the only portion of the State without a good four lane facility serving its farmers, industry and people. The T.H. No. 212 Task Force has been organized for approximately five years and has been working with other groups from eastern Carver County to the South Dakota border attempting to obtain this facility. Some groups have been working on No. 212 for as long as twenty-five years. Through everyones' efforts new No. 212 is on the MnDOT Statewide Transportation Plan scheduled for completion in 1985. Upon completion It would provide a four lane highway from 8rmorbon to #494 and go a long way in serving west central Minnesota. However, we have recently been told that because of additional environmental studies, design, etc. that we might not see construction commencing until 1987. We think that is too long for the farmers, industry and the people of went central Minnesota to wait. We, therefore, think you would agree with us that MnDOT should, and it is our understanding that they can, put additional manpower and effort into the No. 212 project to assure its lass completion; or, if MnDOT does not have sufficient people that it can use outside consult- ing services to do the necessary work. No. 212 Task Force Page 2 - February 1, 1979 Upon your municipality adopting the enclosed resolution we would appreciate it if you would retort a copy of the resolution as adopted to us in the self-addressed stamped envelope and also mail a copy thereof to the following: Richard Braun, Commissioner MnDOT Transportation Building St. Paul, Minnesota .55155 Governor Albert Dote. State Capitol!. Building , • St. Paul, MinneSotk551!5 • Honorable Thomas Hagedorn 325 Cannon Office Building. Washington, D. C. 20515 Honorable Richard Nolan 1111 Langworth Office Building Washington, D. C. 20515. and Your State Senator and House Representative Thank you for your consideration in this matter. Very trlly yours. Luke Melthert, President T.H. No. 212 Task Force LM/dad Encl. RESOLUTION CITY OF EDEN PRAIRIE Date: marc h 6, Mg Resolution No. 79-50 Motion by Seconded by Councilman WHEREAS, the west central portion of the State of Minnesota is the only portion of the State without a four lane farm to market road; and WHEREAS, at a public hearing called by the Minnesota Highway Department in April 1970, it was stated that if all municipalities affected by Unique System Corridor D of the HNTB Study adopted a favorable resolution T.H. #212 would be completed by 1975; and WHEREAS, all affected municipalities adopted the necessary resolution but for various reasons the facility has not been constructed; and WHEREAS, MnDOT has now placed relocated T.H. #212 from #494 to Norwood on the 1983-1985 schedule in its Statewide Transportation Plan; and WHEREAS, there is in existence a draft Environmental Impact Statement but that new Federal Regulations require additional study; and WHEREAS, it appears that unless a real commitment for additional manpower or consulting assistance for Environmental study, design and right-of-way acquisition is made by MnDOT, the construction of new T.H. #212 will not meet the MnDOT time- table set forth in the Transportation Plan; NOW, BE IT RESOLVED, by the City of Eden Prairie 1. That the Governor of the State of Minnesota and MnDOT Commission are hereby requested to designate T.H. #212 as a "priority project" in order to meet the statewide needs of Minnesota. 2. That MnDOT is hereby requested to commit additional manpower or consulting assistance and effort to new relocated T.H.#212 from #494 to Norwood, Minnesota, in order to meet the schedule for said facility pursuant to the MnDOT Transportation Man. 3. That said additional manpower and effort is necessary in order to provide the west central portion of the State of Minnesota with a good four lane farm to market road. Passed and adopted by the City of _____sity_afadenicej Minnesota, this _5th day of March 1979. Attest: 5-1/.1 TO: FROM: SUBJECT: DATE: ' MEMORAND•UM Mayor and City Council Roger lasted, City Manager Metro Waste Control CO:emission 1971 and 1972 Charges February 23, 1979 Attached are letters of July 214 1977 oad may p, 1978. The was Control Commission is asking the tltyte .edppt -r*Piellition anther-14mq a revised repayment schedule as *alined in the letter Of raw 214 , 1978. The City Council will recall that beak in .10.7iot 1977 you aUtherteed the negotiation of a possible settlement of deferretreeptgyveldangi : to reserve capacity in the Metro interceptor. / have had a. number O; meetings with Staff at metro waste, and I ea that the aclumAglO:ent'. lined in the communication of May 23, 1978 would be recommended by Metro staff to the Commission as an acceptable settlement of *ha charges. geode tpr / would like to place this item on our Alexdbifitir , discussion if the Council concurs. REU:bg Encl. -7..vo-••••••" U YOU itti MD tat t4 MAIM ROAD ittrEN PR ATM. Mtithlbirtit 61311iTtt tPlIONE %MIMI May 23, 1978 Mr. Anthony Gnerre Metropolitan Waste Control CoMmision 350 Metro Square Bldg. St. Paul, Minnesota. 55101 , Mr. Gnerrer Attached is a repayment schedule Showing OM eff00 Z ineromiug the SAC surcharge in our letter of July, 3917 by 00 pa.F.Intit' :10,k new schedule indicates a surcharge of VS itartisil in the first *0, payment year to $215 in the last year and would provide i total repayment of $1, 565,000. Sincerely, •oger X. Ulstad City Manager RKU:bg Encl. • . • LETTER Or amy 21, 1977 Surcharge Yearly Amount 5/23/78 Surcharge (PRZLIMI)AR1C Yearly $1,665.00t. $1,702,500 $ 75 75 80 80 85 90 90 95 100 105 105 110 115 120 125 135 140 145 155 160 170 175 1E6 195 205 215 YEAR 3. 2 3 4 5 6 7, 8 9 3.0 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 $ 45 45 50 50 55 60 60 65 70 75 75 80 es 90 95 105 110 115 125 130 140 145 155 165 175 185 195 205 220 235 $ 22,500 22,500 25,000 25,000 27,500 30,000 30,000 32,500 35,000 37,500 37,500 40,000 42,500 45,000 47,500 52,500 55,000 57,500 62,500 65,000 70,000 72,500 77,500 82,500 87,500 92,500 97,500 102,500 110,000 117,500 17414 70::01 031. 42,50t , 45,00 45,00-:' 47,57 50,000 52,50r 57,50 , .57,5(r ?Ma- 72,50 1/4 50: 00,00c 02,50 97,50: 102,W 107,50: tel!!!!-D CZ;i4 • FD. 3Ulltdh 51)9 DTI OFFICES / IISI MN PRAIRIE ROAD ! MED PRAIRIE, MitOltSDIA 553I3 / TELEPHONE d11)141.2152 July 21, 1977 Metropolitan Waste Control Commission Attention: Richard Dougherty 350 Metro Square Building. . 7th ad Robert Street . St. Paul, Minnesota 55101' Dear Mr. Dougherty: The Metropolitan Waste Control Commission has aspigned to the City •of Eden Prairie a total charge including interest of $1,843,587 for deferred costs relating to reserved capacity in metro interceptor sewer pipes and treatment works for the years 1971 and 1972. This amount breaks down as follows: Principal 1971 . $ 664,221 1972 555 58f 1,219,802 Interest thru 9/1/77 $ 254,688 169,097 $ 423,785 Total $ 918,909 724,678 $ 1,843,587 In 1973 the service availability charge (SAC) became effective, thus discontinuing the old method of cost allocation. However, the SAC method was not retroactive to the years 1971 and 1972, and now the MWCC is pressing for an agreement with the City for the debt repayment. In response to this situation we are proposing what may be a feasible repayment plan which would be based upon a surcharge added to the normal SAC payments for future years. The attached repayment schedule shows such a surcharge ranging from $45 in 1978 to $235 at the end of the repayment. The projected total number of SAC units is consistent with current Metro Council population forecasts for Eden Prairie. We trust that this may be a reasonable approach to a most difficult problem for all concerned. Sincerely, Roger X. Ulstad City Manager ego .4 c, c) 5! c) c, 51 to m) to to g $ 0 co g co Ix,' co co 0 .3 tn to I, 41 .4 en tn tO CP CC tn 4* 40 14 Po 0 41 01 posGzugt $ s r, ig tg g tl 174 g tg C3 Ln CR Un CR ri Di ft 0 Cn en Ch CO UP CA 4% 4% V* Fs 0 vi C, Ut tn MEMORAMOUji TO: Mayor and City Council FROM: City Manager Roger Ulstad SUBJECT: Amendment to Personnel Resolution DATE: March 2, 1979 The City Council by resolution approved a Personnel Policy on February 2, 1976, which has insured uniform and equitable policy and administration for all employees. As is the case with most policies, they should be reviewed and evaluated in order to maintain reasonable adjustments of policy to keep pace with those practices of employment in other areas. I would like to suggest for your consideration an amendment to our present policy; Expand the vacation and/or leave provision of our policy as follows - Present Vacation Policy 1 - 9 years employment • 2 weeks vacation per year 10-16 3 weeks vacation per year 16 & over " • 4 weeks vacation per year Proposed Vacation Policy 1 - 5 years employment - 2 weeks vacation per year 6-16 It - 3 weeks vacation per year 16 6 over " 11 • 4 weeks vacation per year Present Accrued Sick Leave Reimburse- ment at Severance After 5 years employment 20% of accrued sick leave Proposed Accrued Sick Leave Reimburse- _ ment at Severance After 5 years employment . 6 . II 7 a 8 Ia 9 11 " 10" " n II 12 " 13 " " 14 " " 15 16 " 17 " 18 " 19 " 20 " Accumulate 12 days/year/employee Average sick leave time used per employee 4.3 days/year . • a ..... It is my opinion that the proposed changes may closely follow practices in most metmapq- litan communities. Recommend the Council consider these proposed amendment* totAir Preilekt Personnel Policy. It is my opinion that the overall morale of the City staff is good, our avow altk time used is 4.3 days per year. The personnel turn over is minimal and the :general attitude is fine: It is my recommendation that the City Council 40404erillg 44PW: proposed amendments to our present Personnel POlitY Is 11 11 11 11 11 20% of 23% " 26% 29% 32% 35% 38% 41% 44% 47% 50% 53% 56% 59% 62% 65% TO: THROUGH: FROM: DATE: SUBJECT: *mac Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer March 1, 1979 Right-of-Entry Agreement Dell Road Project I.C. 51 .-326 Mr. Pauly and his staff have been wOrking out the details. to ffhalizCtha' right -of-way acquisition necessary fer the Deli Road imprOVIant*de4t north of Duck Lake Trail. In the meantime, the attached R711044-MOrY Agreement has been signed by the owners of th0411,00erty totoiyed so thatT. the Contractor may proceed with theconstruetten oPon'APPri4141.' City. Mr. Pauly and I concur that the Agreement is Acceptable and - fore we recommend Council approval thereof. Attachment AGREEMENT This Agreement =de and entered: into in triplicate this day of 1E79 by and between Edina Puilding"; I a Minnesota corporation, and CAW', Inc., a Winrsuota oersoration, hereinafter collectively referred as "Owner" and the City of Edon Prairie, a municipal u.nwumwtion, hereinafter referred to as "City', ITENOSI TRI masa, tag tiey':halt.found it necessari.to acquire by purchase or condemnatiolla right Of way , to =flattest Pend: thereinafter 'Hight of Wee) item the Eden date Townhense havelassc.at to the North Line of buCk Lake Trail. WHEREAS, said Right cd Way will =WS ower .nrnpert Owner, more particularly donor/bed an the attached Rider A, - ." WHEREAS, the City and Owner have not yet agreed on the amount of compensation to he Paid to the OM= on account Of the purchase or taking of property necessary for the =entreaties of' the Right of Way. NOW, =WORE, the Owner and the City agree an f011ows4 . 1. The Owner .grants to the City the right to enter onto the land of the Weer to construct the Right of Way connection and to do all thine reasonably moonset"! thereto. 2. The Owner and the City shalt conduct neentletialie relative to the compensation to he void to the Vtialle on afl...,rnnt of the purchase or telling Of the PrePurti of the owner necessary for the 4UnstruOt494 41 Rieht of may, 3. Should the Owner and the City be unable to reach Agreement es to compensation to be paid be the Owner, the Owner shall have the right to demand that the City institute condemnation Otc .weesdings pursuant to Minnemota, Stetute Chapters 117 within 30 days after 'the Owner tarots written notice of ant% upon the City Manager. 4. The City retains the right tØ institute condemnation, proceedings at any time and the Owner hereby waives all tight to frit* of thereswitaktonof.sUeh petition *A Otbgrefee requited in SLS:A. MUSS 1 S. The Oansr .tfbSklOakba demi:4 to prejudice itssi to companantion,lor the PUTC1haeli ar taking of the notsusultaightefltlYby entering: imto this Agrcemen S. For purposes of establishing the value of the Property acquired or taken by the City far oonstruetien t theSightoflini.ohnther by Purehaam or condemnstion Proceedings, the date of this hereesent shall be binding upon the parties hereto as the data of taking for putiumes of valuation. 7. The City shell pay interest to the Diner at tharsta of 44 per annum from the data of this Agreemont neon. the compensation ulktialtely Paid to the eve= on iieoent of this taking whether by purchase or cnndesnamtno:pmeAW*ags. 8. The City agrees to delay asseasrent of the readigninst - that portion of the proPerty which is retainedby the Owner subsequent to the closing of the PutehaseAtMeaMeck dated July 24. MS between deraLl A. Ceuta ARO Punt Frahltlin Realty Company and Cater', lei. Until:leidrsTO. is rezoned from rural to a sorakntOneive. nee. The eld00:: shall not be deemed to preludiee its rights to contest any assessment on acr.uut of the road by entering into this Agreement. - 9. The provisions of this .Agreement shall be binding upon and enforceable against the perties hereto, their successors end assigns. In Niinjn wmpacY, the parties to this Agreement have caused their presence to be executed the day and year aforettaid4 Doted t City of Rden.Prairie, mmnioinat corporation of the Rtate ø" Nimmeseta BY Poltosng Paolo Its mayor and — Its Sanaa= Edina Builders, inc., A Micso.ota corporation, Its liff.sroi7 casco, Inc., a sulosota 54 (0 March 6, 1979 MEMO • TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer March 2, 1979 MCA Transportation Plans On Tuesday, February 27, the last in a series of four meetings was held with property owners in the Major Center Area regarding our plans for completion of Schooner Boulevard and additional improvements on T.H. 169. At this point we believe that the property owners generally agree as follows: 1. Concurrence with the location and scope of the proposed projects as listed on the attached sheet. 2. Agreement that the bid letting date for widening of the T.H. 169 bridge and expanding T.H. 169 to four lanes from W. 78th St. to Co. Rd. 39 shall coincide with the letting date for completion of the Schooner Boulevard/I-494 underpass. We have a commitment from MN/DOT that a combined letting date will be set for May, 1981, or earlier if design and right-of-way acquisition proceeds in a timely manner. 3. Acceptance of the $40 per front foot and $500 per acre additional assessments, with the City and other agencies assuming the balance of the project costs. The $500 per acre rate Shall be levied for 15 years beginning payable in the year that all segments of Schoon- er Boulevard are completed and open to traffic (estimate 1983). The $40 rate shall be applied in the year that the applicable seg- ment opens to traffic for a 17 year spread at 1.5% above the bond- ing interest rate. 4. Acceptance of previous assessments levied for Schooner Boulevard and dismissal of assessment appeals. 5. Agreement to dedicate right-of-way with compensation only where there are severence damages or extra needs for ramp right-of-ways. 6. Approval by the City of "reasonable" grading plans for the unde- veloped properties remaining in the southwest and northwest quadrants of the MCA. The owners involved are preparing grading plans to be submitted to the City staff and Council for review. 01,1: kb Attachment 2 - Our next step will be to prepare a feasibility report on the proposed Improvements and then request the Council to set a public hearing date (probably May IS, 1979). We will, try to have the feasibility. report ready for the April 17, 1979, Council meeting. Also, as a followup to our memo of February 2, 1979, it is requested that the City staff be authorized to direct BRW, Inc., consulting engineers, to make plan revisions for Project No. S at an estimated cost $4200 so that no additional right-of-way will be required from CRR property. 1 910 480 1,200 1. (1978) PROPOSED TRANSPORTATION PROJECTS EST. STATE OR NET COST COUNTY SPECIAL CITY • (01,000) SHARE ASSESSN'T SNARE & Gen. 1-494/T.H. 169 650 540 120 Lev Ramp, Signals isIVW PROJECT (constr. Yr.1 DESCRIPTION 2. (1979) 3. (1980) 4. (1980) 5. (1981) 6. (1981) 7. C? ) W. 78th St,/T.H. 5 400 370 Signal & Frontage Rd. Schooner Blvd. T.H. 169. to TB. 5 Valley View R4. Mitchell Rd. to 1-494 & Schooner Blvd. 5 Schooner OTY6./1494 'Si SO underpass & Canniotiod to W. 78th St. & Valley View Rd. Widen T.H. 16911-494 „ZOO Bridge & T.H. 160 to Valley View Rd Widen valley View' RA./ 1-494 bridge & ramps to 1-494 TOTALS 12,040 7.810 860 March 6, 1979 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following_ accounts were audited and allowed as follows: 02-15-79 3352 LA BELLE'S 3353 METROPOLITAN WASTE CONTROL COMMISSION 3354 STATE OF MINNESOTA 3355 WELCH VILLAGE 3356 JOHNSON BROTHERS 3357 INTERCONTINENTAL PACKAGING 3358 TWIN CITY WINE CO. 3359 MIDWEST WINE CO. 3360 GRIGGS, COOPER & CO. 3361 ED PHILLIPS & SONS 3362 EAGLE DISTRIBUTING 3363 GENERAL ELECTRIC CORP. 3364 MILTS SERVICE 02("1-79 3365 SUBURBAN NATIONAL BANK 3366 PUBLIC EMPLOYEES RETIREMENT ASSN. 3367 UNITED FUND 3368 STATE OF MINNESOTA 3369 FEDERAL RESERVE BANK 3370 POSTMASTER 02-23-79 3371 TWIN CITY WINE CO. 3372 QUALITY WINE CO. 3373 ED PHILLIPS & SONS 3374 GRIGGS, COOPER & CO. 3375 OLD PEORIA CO. 3376 CAPITAL CITY. DISTRIBUTING 3377 VOID CHECK 3378 JOHNSON WINE CO. 3379 MINNESOTA WINE MERCHANTS 3380 VOID CHECK 02-26-79 3381 CHAMBER OF COMMERCE 3382 MINNESOTA DEPT. OF TRANSPORTATION 03-02-79 3383 AMERICAN NATIONAL BANK 3384 ARROW STAR, INC. 3385 ACTION REDDY RENTS 3386 AKINS FIRE EQUIPMENT 3387 ARA TRANSPORTATION GROUP Cabinet for tape recorder-City Hall addition 29.87 Sac charges collected in January 17,597.25 January sales tax report 1,295.95 Ski tickets-Community Services 232.00 Liquor 649.26 Wine 491.74 Liquor and wine 405.03 Wine 1,036.69 Liquor 1,319.03 Liquor 983.57 Wine 139.97 Washer & dryer-New fire buildings 846.00 Towing service 45.00 Bonds deducted-February payroll 375.00 Employees withheld and employers contribution 2-16 payroll 6,794.36 Donations withheld 2-16 payroll 31.34 Taxes withheld in February 7,450.17 Taxes withheld 2-16 payroll 8,392.86 Postage for meter 1,000.00 Wine 154.63 Wine 419.18 Liquor and wine 859.81 Liquor 374.18 Liquor 482.50 Wine 44.20 Liquor and wine 1,371.34 Wine 87.90 Athena awards luncheon-Sidney Pauly 8.00 Map-Community Services Pshml. Service Shop desk-Water dept. Equipment rental-Water dept. Safety coats-Fire dept. Special transportation-Community Services Equipment parts 52.52 28.06 3388 ASTLEFORD EQUIPMENT 3389 BUREAU OF BUSINESS PRACTICE Books-Water dept. 3390 THOMAS BROWN 247-Schoo1 expenses-Public Safety dept. .75 50.00 164.70 4.00 3,003.00 20.00 168.51 03(7,79 3391 BATTERY & TIRE WAREHOUSE 3392 BUSINESS FURNITURE INC. 3393 BELLIS PAPER 3394 JAMES CULLEN 3395 COMPUTER ELECTION SYSTEMS 3396 CITY OF EDINA 3397 CHASE BRACKET 3398 JAMES CLARK 3399 CUTLER-MAGNER 3400 CHANHASSEN AUTO PARTS 3401 CARGILL SALT DIVISION 3402 CLUTCH & U-JOINT 3403 CROWN RUBBER STAMP CO. 3404 COPY EQUIPMENT INC. 3405 DALCO 3406 VOID CHECK 3407 EDEN PRAIRIE GROCERY 3408 EDEN PRAIRIE CLEANERS 3409 EDEN PRAIRIE CLEANERS 3410 EDEN PRAIRIE NEWS 3411 FLOYD SECURITY 3412 FEED-RITE CONTROLS 3413 FRANZ ENGINEERING REPRODUCTIONS, INC. 3414 FRONTIER LUMBER 3415 GRANT GILDERHUS 3416 DON GRAHAM CO., INC. 3417 GUNNAR ELECTRIC CO. 3418 SHARON GAGNON 3419 JUNE GILBERT 3420 TIM GAGNON 3421 JUNE GILBERT 3422 STEVEN GEIGER 3423 GOPHER ATHLETIC SUPPLY 3424 GENERAL COMMUNICATIONS 3425 W. W. GOETSCH ASSOC. 3426 GEOTYPE 3427 GENERAL OFFICE PRODUCTS 3428 GUY'S AUTO SUPPLY 3429 CARL HARTELL 3430 ROBERT HARRINGTON 3431 DIANE HANSON 3432 THOMAS A. MORGAN 3433 MARK HURD AERIAL SURVEYS 3434 THOMAS HARRER 3435 HOWARD, NEEDLES, TAMMEN 3436 HAGEN OFFICE EQUIPMENT 3437 JACK HACKING 3438 HENNEPIN COUNTY 3439 HENNEPIN COUNTY 3440 HENNEPIN COUNTY 3441 HOPKINS PARTS CO. 3442 INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS March 6, 1979 Equipment parts Desk and file cabinet-Public Safety Supplies-Liquor store Refund on magic class Supplies Water samples Appraisal services-ParkNArgrant School expenses-Public Safety dept. Lime-Water dept. Equipment parts Salt-Street Maint. Equipment parts Desk signs-City Hall and Public Safety Supplies-Engineering dept. and equipment repair-City Hall Vacuum cleaner-Fire dept. Supplies-Public Safety dept. Cleaning service-Public Safety Cleaning service-Public Safety Ads Supplies-Building dept. Chemicals-Water dept. . Supplies-Engineering dept. Materials Refund on magic class Refund on contractors license Repair services-Park Dept. Ski trip chaperone Ski trip chaperone Ski trip chaperone Refund on ski trip Expenses-Public Safety dept. Supplies-Skating rinks Radio repairs-Public Safety dept. Motor-Water dept. Lettering-Park Planning dept. Chair-City Hall addition Equipment parts Refund on magic class Refund on magic class Ski trip chaperone 0/14 Dues-Keith Wall and Jack Hacking Service-Engineering dept. Refund on ski trip Service-TH169-494 Typewriter repair-Public Safety Expenses . Microfiche tax run and tax book- Assessing dept. Supplies-Engineering dept. Prisoners board-Public Safety Equipment parts Building codes-Building dept. 611) 129.71 739.54 82.68 8.00 36.34 43.50 225.00 28.75 124.47 295.79 463.58 214.34 52.10 337.99 575.85 8.04 25.00 83.60 23.70 3.85 720.80 67.14 174.48 16.00 15.00 153.81 12.00 12.00 12.00 8.50 3.50 39.97 84.75 113.86 58.50 479.00 16.45 8.00 8.00 12.00 30.00 1,690.00 6.00 14,752.50 222.50 19.02 188.00 27.00 68.00 115.30 47.60 March 6, 1979 0311-79 3443 INTERNATIONAL UNION OF OPERATING ENGINEERS 3444 JEAN JOHNSON 3445 CARL JULLIE 3446 DONALD JOHNSON 3447 RICHARD JACOBS 3448 JAMES JENSEN 3449 JOHN'S WELDING SERVICE 3450 KENNEDY'S, INC. 3451 PAM KNAUFF 3452 LITHO TECHNICAL SERVICES 3453 LENZEN BUS COMPANY 3454 JAMES LINDSEY 3455 M-V GAS COMPANY 3456 VOID CHECK 3457 MAYVIEW RADIO 3458 MINNESOTA BLUEPRINT 3459 W.P. & R.S. MARS CO. 3460 3M BUSINESS MACHINES 3461 MINNESOTA VALLEY ELECTRIC 3462 JAMES H. MAIN 3463 MINNESOTA DEPT. Of ECONOMIC SECURITY 3464 MUTEC 3465 MEDICAL OXYGEN 3466 METRO PRINTING, INC. 3467 METROPOLITAN FIRE EQUIPMENT CO. 3468 MINNESOTA FIRE, INC. 3469 MINNEGASCO 3470 NORTHERN STATES POWER CO. 3471 NORTHERN STATES POWER CO. 3472 NORTHWESTERN BELL 3473 OFFICE ELECTRONICS, INC. 3474 PENNYS SUPER MARKET 3475 PRINTERS SERVICE, INC. 3476 PERBIX, HARVEY, SIMONS & THORFINNSON 3477 PRAIRIE OFFSET PRINTING 3478 PRAIRIE LAWN & GARDEN 3479 PRIOR LAKE AGGREGATES 3480 ROBERTS DRUG 3481 ROOT-O-MATIC 3482 RUFFRIDGE-JOHNSON EQUIPMENT 3483 RAINBOW SIGNS 3484 MICHELLE STORES 3485 STATE OF MINNESOTA 3486 SATELLITE INDUSTRIES, INC. 3487 JOE STOEBER 3488 STEPHEN SIPPER 3489 DON STREICHER GUNS 3490 SNAP-ON TOOLS CORP. Dues withheld for March 176.00 Mileage-Planning dept. 9.92 February expenses 100.00 Refund on ski trip 3.00 Refund on magic class 8.00 Mileage-Park Planning dept. 31.80 Thaw water pipes-Water dept. 350.00 Portable scales-Public Safety 1,567.25 Refund on ski lessons 14.50 Services-Engineering dept. 3.00 Special bus transportation-Community Services dept. 115.85 Refund on ski trip 3.00 L-P gas-Senior citizen center 220.00 Repairs 59.05 Supplies-Engineering, dept. 9.50 Tools-City garage A 31.80 Infrared film-City Hall 122.20 Services .e A h-c"* 5.25 Dues-Roger Ulstad M' 15.00 Employer contribution 78. Seminar-Public Works dept. 8.00 Oxygen-Fire dept. 46.74 Business cards-Public Safety 55.00 Two fire extinguishers and recharge service-Fire dept. 63.75 Supplies-Fire dept. 18.32 Service 2,962.07 Service-Public Information dept. 4.38 Service 5,541.55 Service 790.72 Printer paper-Public Safety 138.25 Supplies-Public Safety 157.68 Sharpen knives-Park Maint. 70.00 Legal service 240.00 Service-Public Safety 23.40 Equipment repair service & parts 88.78 Sand-Street Maint. 348.25 Supplies-Public Safety 2.17 Sewer service 230.00 Street flushing unit-Street dept. 37,582.00 Supplies-Public Safety 5.00 Refund on magic class 8.00 Service-TH169-494 66,451.65 Portable restrooms-Parks & rinks 400.50 Refund on ski lessons 56.00 Refund on ski trip 3.00 Two shotguns-Public Safety 388.60 Puller-Water dept. 120.10 611 47.32 106.00 25.90 240.00 3.00 100.00 262.20 10.00 6.00 290-0 5,.25 43.20 6400 85.50 11)::116 103.50 March 6, 1979 03-02-79 3491 SCHWAB VOLLHABER, INC. 3492 W. E. NEAL SLATE CO. 3493 SYNER GRAPHICS 3494 TWIN CITIES CHAPTER OF YOUNG AUDIENCES 3495 WAYNE TRAASETH 3496 ROGER ULSTAD 3497 UNION OIL 3498 VOID CHECK 3499 UNIVERSITY OF MINNESOTA 3500 DENNIS VETTER 3501 VALLEY EQUIPMENT CO: 3502 SANDY WERTS 3503 HAL WELDIN 3504 L. K. WICKLAND 3505 DEAN CONSTANTINE 3505 DIANNE HANSON 3507 CHRIS DIGER Supplies-Building dept. Control room supplies-Water dept. Microfiche viewer accessories- • Astefling dept. Tiviedts-Onnmunity services dept. Refund On ski trip Narth,expenses feeler 44t4Pmaat COnferenag-Treebise e • RefamdloOmagic eau Euisent Parts Reritinplenient ger plates expenses ,10100-toninaniter StrViteS dept. Aeualpi trtp, . Nita testftictiens lititenge4enev,a1 services •fOreary expenses TOTAL 1 41, 612.