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.
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Arse SI/0.4.444
ed. 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.