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HomeMy WebLinkAboutCity Council - 02/05/1980 p& 5 y� APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 5, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath ll= i COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; Finance Director John Frane; City Engineer Carl Jull ie; and Joyce Provo, Recording +¢ Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar: IV. Request for approvaT of Liquor License for Brothers Restaurant to be located in the Eden Prairie Center, VIII . A. 2nd 4LReading of Ordinance No. 79-40, rezoning from Rural to C-Rem Ser for a Crown Auto Store in Menard's Second Addition and developer's agreement, VIII. B. 2nd Reading of Ordinance No. 80-04, rezoning properties around County Road 4/TH 5 back into Planned Study, and VIII , C. Resolution No. 80-24, amending Resolution No. 1088, the Personnel Policy. MOTION: Edstrom moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 22, 1980 Pg. 3, 5th para. , 2nd line , strike "rpelied" and insert in lieu thereof "replied"; Pg. 4, last para. , 5th line, strike "Alman" and insert in lieu thereof "Ullman" ; Pg. 5, 2nd para. , 4th line, strike "nothing" and insert in lieu thereof "anything" ; and on Pg. 13, 2nd para. , strike "Councilman Edstrom" and insert in lieu thereof "The Council" . MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the Council meeting held Tuesday, January 22, 1980, as amended and published. Motion carried unanimously. III . CONSENT CALENDAR A. Request from Rauenhorst Corporation to change the Opus Office Plaza Public Hearing from February 19, 1980 to March 4, 1980 B. Approval of traffic signalagreement No. 59743M with Mn DOT for si nabs at TH 169 Co. Rd. 1 and TH 169 Vo-Tech Resolution No. 80-3 C. Request for approval of Liquor License for Brothers Restaurant to be ca-ted 'ra i,ii a en ter:(Torrrier y i em , Council Minutes - 2 - Tues. ,February 5, 1980 D. 2nd Reading of Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser for a Crown Auto Store in Menard' s Second Addition and developer' s agreement - - r formerly item VIM . A. E. 2nd Reading of Ordinance No. 80-04, rezoning properties around Count Road 4/TH 5 back into Planned Study formerly item VIII . B. IY i. F. Resolution No. 80-24, amending Resolution No. 1088 the Personnel Polic formerly item VIII . C. MOTION: Osterholt moved, seconded by Redpath, to approve items A - F on the Consent Calendar. Motion carried unanimously. r IV. REQUEST FOR APPROVAL OF LIQUOR LICENSE FOR BROTHERS RESTAURANT TO BE LOCATED IN THE EDEN PRAIRIE CENTER continued from January 22, 1980 This item was moved to the Consent Calendar (item III . C. ). ' s V. PAYMENT OF CLAIMS NOS. 7163 - 7332 x. k; MOTION: Redpath moved, seconded by Edstrom, to approve the Payment of Claims Nos. 7163 - 7332. Roll Call Vote: Edstrom, Osterholt, Redpath, Pauly and Penzel voted "aye". Motion carried unanimously. VI. PUBLIC HEARINGS A. COR Investments Office & Multiple by COR Investments, Inc. Request to 4Lrezone 2.8 acres from Planned Study to Office and 1 .4 acres from Planned Study to RM 2.5. Located south of TH 5 and West of Superamerica Station Ordinance No. 80-01 ) Continued from January 22, 1980 City Manager Ulstad explained this item was before the Council on January 22nd and there was a question on the right in/right out which the Council was concerned about. Planning Director Enger referred to communication from Mr. Katz of Mn/DOT dated February 1 , 1980, in which he addressed discussions he had with Bruce Knutson, representing COR Investments, and Mr. Geoff Martin of Howard Dah1gren & Associates, representing Superamerica. Mr. Katz felt after reviewing both plans they' re in general agreement with a proposal to allow a right turn off of TH 5 to a proposed street between the two properties, with the understanding that the other two Superamerica entrances to TH 5 would be removed. Enger added COR Investments is happy with the right-in access to their property. Mr. Scott Bradley, representing Knutson Architects, commented the proponents agree with the right-in at the westerly point. Osterholt asked for a clarification, i .e. , would there only be one access to the COR property, Qr would there be one at the westerly part and one for the Superamerica boundary.? Enger replied the Highway Department is suggesting one access only. Super- america is not before the City at this point for any type of approval . a If Superamerica did not proceed the access to the COR property would be best to the westerly property line with an easement to provide future access for Superamerica. Enger added Superamerica is acceptable to the joint access ' Council Minutes - 3 - Tues. ,February 5, 1980 F` A. COR Investments Office & Multiple by COR Investments , Inc, (.continued) on the property line and closing the existing two entrances as part of a it' property improvement. Pat Minton , 7994 Mitchell Road asked how a person travelling west on P 9 Highway 5 would get into the access. Enger replied if a person turns left and goes south on County Road 4, at this time there is a full access to the Superamerica Station. At some point in time the City expects an improvement which would put a median down Co. Rd. 4, the access to the ,I Superamerica Station would then be via a new street and up through the COR proposal to Superamerica. 1 MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and give a lst Reading to Ordinance No. 80-01 , rezoning 2.8 acres from Planned Study to Office and 1 .4 acres from Planned Study to RM 2.5 for COR Investments Office &Multiple by COR Investments, Inc. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer' s agreement incorporating the recommendations of the Planning ' Commission and the Pa►-ks , Recreation & Natural Resources Commission, includinc2 the latest access and berming commitment. Language should also be included that if Federal approval is not given for elderly housing, any modifications of the land use will be returned to the City for approval . Motion carried unanimously. B. Ordinance No. 79-34, amending the Firearm' s Ordinance Ordinance No. 337 revising hunting zones continued from September 18, 1979 ° City Manager Ulstad referred to petition received from the Mitchell Lake area received October 1 , 1979 (attached as part of minutes), requesting that the Council consider removing that area from the permissible hunting area. Ulstad added as it was so close to the hunting season the Council felt that was not a proper time to start discussing changing boundarrlines and requested that this -item be reviewed the first of the year. Ulstad displayed a Snap of present boundaries where hunting is permissible today. The Public Safety Department received very few complaints during the past hunting season , except they did receive some calls from the Mitchell Lake area. Pauly asked if it was or was not permissible by our ordinance to permit hunting where the land is platted. Ulstad replied the ordinance says a person shall not hunt on platted property. Captain Wall added if the people that were issued permits would stay where they are allowed to hunt, they. would not have a lot of problems except with the people who do not under"stand F the range of shotguns and the noise they create. Wall commented the tickets issued this year by the Public Safety Department were not issued to people who received permits. Osterholt requested if the Council is going to reconsider boundaries that something more comprehensive be done, i .e. , consideration of eliminating hunting near the Major Center Area as it is a heavily traveled area . Rita Rove, 7900 Island Road, Pat and Patricia Minton, 7994 Island Road, spoke in support of the petition to exclude the Mitchell Lake area from the hunting boundaries. Council Minutes - 4 - Tues. ,February 5, 1980 B. Ordinance No. 79-34 (continued) Mike Eames, 17345 W. 78th Street, and Lorraine Loscheider, 17660 Hest ' 78th Street, stated they do not want Mitchell Lake excluded from the hunting boundaries as they would like to continue hunting on their own property. • Osterholt stated limiting hunting to 500 feet from a platted area or house !` is not sufficient, and if the Council is going to do anything it should be lengthened to 1 ,000 feet. Osterholt felt the ultimate solution is not to permit hunting anywhere in Eden Prairie, except in the area along the River bottoms where the hunting club is located. Edstrom suggested drawing a line down the middle of Mitchell Lake: the area east of the lake where no hunting would be permitted, and the area to the west where hunting would oe permitted. Mr. Minton commented drawing the line down the middle of the lake would help. Pauly commented the Council should review the hunting boundaries on a six- month or annual basis. Penzel suggested forming a citizens committee of concerned individuals to. study the question specifically and report back to the City Council within a given period of time. and that the Council would then consider taking action on their recommendation. MOTION: Redpath moved, seconded by Osterholt, to defer action on this item and solicit volunteers to participate on a Hunting Zone Study Committee consisting of seven members to be appointed by the Council at the March 4th meeting, with a reconxnendation to the Council by June 3, 1980. Redpath, Osterholt, Edstrom and Penzel voted "aye"; Pauly voted "nay" . Motion carried. Pauly added she is against the idea of a citizens committee as it is something the Council should be doing and something that could be moved on tonight. The appointment of a committee is an unnecessary step to take and there will be extreme points of view depending on who is put on the committee, MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing on Ordinance No. 79-34 to the June 3, 1980 Council meeting. Motion carried unanimously. Mayor Penzel referred to a communication received from the Insurance Services Office regard- ing Eden Prairie's fire ratinq which has been increased from Class 8 to Class 5 as of February lst. In effect this means that the average-residential rate can be expected to drop in the neighborhood of 8% as far as fire insurance costs are concerned. C. Public Hearing to order removal of diseased trees (Resolution No. 80-26) City Forester Stuart Fox spoke to his memo dated February 1 , 1980, recommend- ing the Council require abatement of the trees on the list submitted to the Council by adopting Resolution No. 80-26. Fox commented he has been contacted by some property owners responding to the letter and have noted their responses as far as their reaction and their initiative to take the trees down; however, a substantial amount remains. F Osterholt stated last season a number of trees were taken down and left along the roadway, which meant there was a lengthy time when the City didn' t take care of their obligation. Council Minutes - 5 - Tues. ,February 5, 1980 C. Public Hearin to order removal of diseased trees (Resolution No. 80-26) Continued it Fox replied this year, with the purchase of a new truck in July, the City is up-to-date in hauling and are prepared to secure additional help in case the backlog becomes too severe. Donald Nemec, 9449 Creek Knoll Road, stated he has taken down some dead trees and they were subsequently hauled away. They have one huge tree left; however, along side of it across the creek are a dozen big dead elm trees that don' t belong to him1which he believes belong to the City. Nemec added he called Mr. Fox and said when those trees are taken out he will be pleased to pay for the removal of his huge tree. At that time Mr. Fox told him they are not going to take those trees out as they have been dead for years , which Mr. Nemec does not believe to be true, Nemec commented there have been a few dead one;.but about a dozen of them were dying at the same time that his huge tree died, and there are some other ones there that will subsequently die. ;l Fox responded he has had conversation,with Mr, Nemec regarding those trees a; and explained to him that the City does not own all the property down in the creek bottom on Purgatory Creek. Part of the property was platted and subsequently the City was supposed to receive part of the property as part of the original plat. However, the City did not receive this property until recently (November 1 , 1979) , The property was owned by Hustad, who had some trees taken out Spring - the trees were assessed against the property and the City had to absorb the cost when the property was picked up by the City. There are several trees down there which have been dead in excess of 4L 3 years - the bark is completely sluffed off of them and they are skeletons. The trees that would belong to the City are gone. Penzel asked who the trees belong to in the area if they do not belong to the City. Fox replied the other trees are incorporated in the list submitted to the Council . Penzel requested Mr. Fox meet with Mr. Nemec to identify trees which may not be marked at this time. Mrs. Henderson, 16850 Duck Lake Trail , stated between 168th Avenue and County Road 4 there are many, many trees that have already been marked that have not been taken down on private land. Before the City takes down this year's diseased trees, the rest of the trees should be caught up with. Also on her land is a tree marked that belongs to NSP, and when NSP takes that tree down, Mrs. Henderson stated she will take her tree down. Mrs. Henderson further questioned if there is any way a person can have their tree tested for a second opinion other than by the City. Fox responded typically any of the tree inspectors which are used during the summer are certified by the State Department of Agriculture. In the case where the City notifies property owners of a diseased tree and they feel the tree is not diseased, the normal procedure is to sample it and send the sample into the State Department of Agriculture, which is the only certified Lab which will diagnose dutch elm disease. The Lab is not open during the winter season, it is only open during the summer. Fox added he could call the University and see if they could set up something in their pathology Lab to take a sample there. Fox conunented the other trees referred to by Mrs. Henderson are included on the list submitted to the Council. Fox explained typically during the summer NSP is very booked up as far as helping property owners remove trees, and they were not aware of the tree that was marked on the corner of 168th Avenue and Duck Lake Trial until he brought „ Council Minutes - 6 - Tues. ,February 5, 1980 C. Public Hearing to order removal of diseased trees (continued) it to their attention approximately December 1st. It is in the City right-of- way, it is a City tree, it is not NSP's tree. The City has contacted NSP numerous times and has not received a response, and it is also on a 22,000 volt power line which the City crews will not work around. Hopefully within the next 30 days NSP will be out to take that tree down. Penzel suggested staff contact Mr. Chmiel , NSP, to ask his assistance in getting the tree down. Council requested an amendment to the Resolution referring to only diseased elm trees. MOTION: Osterhol t moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-26 as amended, ordering a public improvement for the removal of diseased elm trees. Motion carried unanimously.. Penzel requested that a memo be sent to the Council by the end of February apprising the Council of the outcome with the Nemec and Henderson situations. VII . REPORTS OF ADVISORY COMMISSIONS A. Human Rights_& Services Commission 1. Request for a joint meeting with the City Council MOTION: Osterholt moved, seconded by Edstrom, to set Monday, • March 10, 1980, 7:00 PM, for a joint City Council/Human Rights & Services Commission meeting. Motion carried unanimously. 2. Proposal for the Organization of Citizen Participation in Hennepin Count Rosemary Dysinger, Chairperson of the Human Rights & Services Commission, spoke to the recommendations of the Commission as outlined in memo dated January 29, 1980, from Rae Bly. MOTION: Redpath moved, seconded by Edstrom, to adopt the recommendations of the Human Rights & Services Commission as outlined in memo dated January 29, 1980, on the draft Proposal for the Organization of Citizen Participation in Hennepin County and to pass these reconnnendations on to Hennepin County,emphasi zing the fact that the Council believes local control originating through the local appointment process is the only viable way of making it a truly representative system from the communities. Motion carried unanimously. VIII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser for a Crown Auto Store in Menard's Second Addition and developer's agreement This item was moved to the Consent Calendar (III . D. ). B. 2nd Reading of Ordinance No. 80-04, rezoning properties around County Road 4 TH 5 back into Planned Study This item was moved to the Consent Calendar (III . E. ). m t Council Minutes - 7 - Tues. ,February 5, 1980 C. Resolution No. 80-24, amending Resolution No. 1088, the Personnel Policy I, This item was moved to the Consent Calendar (III . F. ). IX. PETITIONS, REQUESTS & COMMUNICATIONS i A. Request for an extension of the developer's agreement for Master's Condominiums for l ,year continued from January 22, 1980 Penzel referred to request from the proponent to continue this item to February 19, 1980. MOTION: Osterholt moved, seconded by Redpath, to continue the request for an extension of the developer' s agreement for Master's Condominiums as per the proponent's request to the February 19, 1980 Council meeting. Motion carried unanimously. B. Request for reconsideration by Marvin H. Anderson Construction Company that the Council waive the cash park fee on Valley Knolls Second Addition and amend the developer's agreement accordingly Y Dale Happe, Attorney for Marvin H. Anderson Construction Company, gave his understanding of what took place regarding Valley Knolls Addition in 1972 as follows: Back in 1972 the developer came into the City and proposed a plat (Valley Knolls Addition) consisting of 49 lots, and worked out a i development with the City donating a park. The Parks, Recreation & Natural Resources Commission and the Planning Commission recommended the Valley Knolls Addition for preliminary approval . When it came for final approval the ` City realized they didn 't want to put the improvements in for Duck Lake Road so they approved the plat, platting Lot 1 , Block 4, and Lot 1 , Block 3, which takes the place of the 10 lots along Duck Lake Road. However, the park donation stayed the same from the preliminary approval of 49 lots to the subsequent final approval of Valley Knolls Addition leaving out the 10-lots. There was no waiver on that park donation. The ordinance passed in 1979 provides for cash park deposit in lieu of land. Marvin Anderson Construction Company takes a position they already gave the City land back in 1972 and the City shouldn't ask cash now instead of land. City Attorney Pauly reviewed the state of the ordinance as it existed in 1972, i .e. , the ordinance, originally Ordinance No. 93, which was adopted in 1967, and the provision relating to park land and open space was in effect at that time as well as in 1972 when this plat was approved, and provided that as a pre- requisite to approval of the subdivision the owner could be required to convey to the village for public purposes a minimum of 5% of the area being platted or subdivided. Further that such land was to be suitable for public use such as parks and playgrounds, or that the owner could at their option contri- bute an equivalent amount in cash provided payments were then to be placed in a special fund. In late 1978 the ordinance was amended and, as the Council correctly points out, the ordinance as it is presently drafted and presently in effect provided for the dedication of land for public use as parks, playgrounds or open spaces of a reasonable portion of the land up to 10% thereof. Then there is a subsequent subdivision 2 that says at the City's option the subdivider shall contribute an equivalent amount in cash and sets out the $325.00 for single family detached units and there is also some additional language that gives the Council the right to determine whether the amount of cash park fee is equivalent to what the value of the 10 would be and to make some adjustments. The platting that was included in 1979 is a new platting, and therefore the Council is entitled to look at the situation anew Council Minutes - 8 - Tues. ,February 5, 1980 B. Request for reconsideration by Marvin H. Anderson Construction Company continued and determine whether or not the land owner/developer should be required to contribute land or cash. You really have to go back to 1972 and determine j as a factual determination whether the contribution of land was to be ultimately the contribution for the entire parcel , and that would be as applied to our own ordinance. If the requirements of the contribution change from 1972 to 1979, then the Council could impose the additional requirements. City Attorney Pauly asked Director of Community Services Lambert to comment ! on the usability of the land that was contributed. Lambert replied that in his mind the major difference between 1972 and this plat are the rules today - the park dedication has changed. It added a number of things other than tK the amount of land, it requires acceptable and usable land and it also refers to density transfers. If this entire plat was under the rules today it would have to comply to 2 units per acre density. They could use the entire park area and we would still charge the cash park fee because using the acreage for the park, they still have 2 units per acre density. In effect, this is a new plat therefore the cash park fee should be paid. General discussion took place regarding the past history of the area. Fred Haas, Vice President of Land Development for Marvin H. Anderson Construction Company, reiterated it is their position that they paid the park deposit in land not in cash back in 1972, and the City accepted that land for the 49 lots, and the proponents are asking the Council to honor that commitment from a previous Council . Ed strom stated he has not seen that commitment anywhere in the records . MOTION: Osterholt moved, seconded by Edstram, that the request for the Council to reconsider the developer's agreement for Valley Knolls Second Addition be denied and that the Council reaffirm the action on the adoption of the developer's agreement as originally drafted as a condition of the platting for Valley Knolls 2nd Addition . Motion carried unanimously. X. APPOINTMENTS A. Board of Appeals & Adjustments. Appointment of two members to serve 3 year terms commencing March, 1980. The names of James Dickey and James Wedlund were placed into nomination. MOTION: Redpath moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of James Dickey and James Wedlund for three year terms to the Board of Appeals & Adjustments, Motion carried unanimously, B. Building Code Board of Appeals. Appointment of two members to serve 3 year terms commencing March, 1980 The names of Anthony Hirt and Robert Lapic were placed into nomination. MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Anthony Hirt and Robert Lapic for three year terms to the Building Code Board of Appeals . Motion carried unanimously. l,ouncl i 1"IinuLe�> - y - 1ues. ,reDruary 3, 19bu C: Development Commission. Appointment of three members to serve 3 year terms commencing March , 1980 iy The names of Donald Opheim, Robert Moore and Kent Barker were placed into nomination. l MOTION: Edstrom moved, seconded by Osterholt , that nominations be closed and a unanimous ballot be cast for the appointments of Donald Opheim, Robert Moore and Kent Barker for three year terms to the Development 1 Commission. Motion carried unanimously. a D. Historical & Cultural Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Judy Ellingson, Allene Hookom and Janene Connelly were placed into nomination. ;MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Judy Ellingson, Allene Hookom and Janene Connelly for three year terms to the Historical & Cultural Commission. Motion carried unanimously. E. Human Rights & Services Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Ann Hodgson Thiel , Bob Norberg and John Reedy were placed into nomination. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, that nominations be closed 4L and a unanimous ballot be cast for the appointments of Ann Hodgson Thiel , Bob Norberg and John Reedy for three year terms to the Human Rights & Services Commission. Motion carried unanimously. F. Parks, Recreation & Natural Resources Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Robert Kruell , Dr. George Tangen, Pat Breitenstein, James Murphy, Gloria Pond, Fred Baumann, Robert Huntley and Charles Iltis were placed into nomination. Upon tabulation of ballots, Dr. George Tangen, Pat Breitenstein and Gloria Pond were selected to serve on the Parks, Recreation & Natural Resources Commission. MOTION: Osterholt moved, seconded by Redpath, to cast a unanimous ballot for the appointments of Dr. George Tangen, Pat Breitenstein and Gloria Pond for three year terms to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously, G. Planning & Zoning Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Elizabeth Retterath, George Bentley and Grant Sutliff were placed into nomination. MOTION: Osterholt moved, seconded by Edstrom, that nominations be closed and a unanimous ballot be cast for the appointments of Elizabeth Retterath, George Bentley and Grant Sutliff for three year terms to the Planning & Zoning Commission. Motion carried unanimously. Council Minutes - 10 - Tues. ,February 5, 1980 H. Flying Cloud Advisory Commission. Appointment of two members to serve 3 year terms commencing March , 1980 The names of Les Lewis and Robert Gartner were placed into nomination. MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Les Lewis and Robert Gartner for three year terms to the Flying Cloud Advisory Commission. Motion carried unanimously. ` I i.` XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1 1. Councilman Redpath requested the Council set a Public Hearing for March 4, 1980 for the purpose of the City to authorize the Southwest Suburban CATV Study Commission to issue invitations for bids. t MOTION: Osterholt moved, seconded by Pauly, to set March 4, 1980 for the Public Hearing for the purpose of the City to authorize the the Southwest Suburban CATV Study Commission to issue invitations for bids. Motion carried unanimously. B. Report of City Attorney t 1. Request from Robert Kurland for the cost of removal of diseased `: elm tree4L 1. i Finance Director Frane explained he had a conversation with Mr. Kurland early last week at which time Mr. Kurland indicated he would like to see the documents the City had. Mr. Frane invited him to stop in at the City Hall at his convenience, however, Mr. Kurland did not come into City Hall and knows his item is on the Council agenda this evening. i MOTION: Osterholt moved, seconded by Redpath, to deny the request of Mr. Robert Kurland for the cost of removal of his diseased elm tree j as per the legal opinion from City Attorney Pauly dated January 31 , 1980. Motion carried unanimously. C. Report of City Manager No report. D. Report of Director of Community Services 1. Letter from Elliot Perovich Chairman of the Metropolitan Parks & Open Space Commission regarding Anderson Lakes Park continued from January 22, 1980 Director of Community Services Lambert stated at the last Council meeting there were a number of concerns voiced reaardino the proposal from Mr. Perovich and the Metropolitan Parks & Open Space Commission. Lambert referred to his memo dated January 31 , 1980, which replied to the Council 's concerns and provided the dollar amount that would be reimbursed. Osterholt added he had asked Mr. Frane to develop numbers of what the property would represent in terms of fully developed property. Frane replied the taxes from that property on a fully developed basis would generate to the City and School District about $1 ,200,000.00 a year. LIL Council Minutes - 11 - Tues. ,February 5, 1980 1. Letter from Elliot Perovich (continued) MOTION: Redpath moved, seconded by Pauly, to approve the proposal that Eden Prairie cease to be an implementing agency both at Anderson Lakes and Bryant Lake, as outlined in Mr, Elliot Perovich's letter under the following conditions: 1 ) Bryant Lake Park stay in continuous operation except during major redevelopment projects, 2) the City of Eden Prairie be reimbursed a net amount of $189,065. 94 (subject to audit) ) - the reimbursement to be $312,458.74 at the time of the agreement, the City will then reimburse the Metropolitan Council $123,392.80 (the amount the City has receivable from LAWCON) upon receipt from LAWCON , 3) Hennepin County Park Reserve District, as the implementing agency, commit to constructing an 8 foot asphalt bikeway along Anderson Lakes Parkway prior to 1982, 4) Hennepin County Park Reserve District, as the implementing agency, commit to policing of these two parks , 5) a nature interpretive facility of some type be constructed west of County Road 18 in the "Blacklock Intrepretive Area" , and that the City of Eden Prairie be allowed to program interpretive programs , in cooperation with the Park Reserve ' District, out of that site, 6) the Eden Prairie Historical & Cultural Commission be allowed to use the Wayne Brown house and barn, located on County Road 18, as their historical and cultural center through 1982, 7) Eden Prairie, Richfield and Golden Valley be allowed to phase out the Tree Trust Nursery located in Anderson Lakes Park through 1985, and 8) Hennepin County Park Reserve District, as the implementing agency, commit to removing all diseased elm and oak: trees within Bryant Lake Park and Anderson Lakes Park in conformance with City policy on removal of r trees on public lands. Motion carried unanimously. 2. Metropolitan Airoorts Commission lease for Flying Cloud ballfield expansion continued from January 22, 1980 Director of Community Services Lambert spoke to changes which are being made in the lease, and will be available for the Council to consider at a future meeting. MOTION: Redpath moved, seconded by Edstrom, to direct staff to work out the language in the lease for Flying Cloud ballfield expansion, and return same to the Council for consideration when completed. Motion carried unanimously. 3. Advertisement for bids for 1980 light industrial tractor MOTION: Osterholt moved, seconded by Redpath, to authorize advertisement for bids for a light industrial tractor. Motion carried unanimously. 4. 1975 Tax Forfeited Lands (Resolution No. 80-25) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-25, regarding application for conveyance of tax-forfeited lands as per staff recommendation of January 28, 1980. Motion carried unanimously. S. Community Center Committee interview Director of Community Services lambert spokes to his memo dated February 1 , 1980, inviting Council members to attend a meeting on Wednesday, February 6, 1980, where the top four firms will be interviewed. Commission members have also been invited to attend this meeting. Council Minutes - 12 - Tues. ,February 5, 1980 E. Report of City Engineer 1. Approval of Layout No. 7B (ALT.), Project No. 6839 Hennepin Count 62nd Street Crosstown highway project (Resolution No. 80-27) ° City Engineer Jullie requested that this item be returned to staff to be brought before the Council at a later time. Council members concurred with Jullie's request. j 2. Resolution No. 80-28, directed to Hennepin County retarding funding for 62nd Crosstown project City Engineer Jullie requested that this item be returned to staff to be brought before the Council at a later time. Council members concurred with Jullie's request. 3. Approval of plans and specs. and order bids for improvements on Valley View Road west of Co. Rd. 4, including grading at Round Lake Park , I .C. 51-325A Resolution No. 80-29 MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-29, approving plans and specifications and ordering advertisements for bids for Valley View Road, I .C. 51-325, Phase I. Motion carried unanimously. 4. Approval of Layout No. 1 , Hennepin County Project No. 7928 for traffic signal and intersection improvements at CSAH 4 and Valley View Road Resolution No. 80-30 Council requested that Valley View Road not be opened until signals are installed. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-30, approving preliminary plans for Alternate No. 1 , Hennepin County Project No. 7928, County Road 4 at Valley View Road. Motion carried unanimously. 5. Selection of Engineering Consultant for Water Plant expansion MOTION: Osterholt moved, seconded by Redpath, to approve the selection of Black E Veatch Consulting Engineerings for the Water Plant expansion as per staff recommendation. Motion carried unanimously. F. Report of Finance Director 1. Municipal Industrial Develo ment Bond Guidelines (continued from anuary 8, 1980 Finance Director Frane discussed the statement submitted to the Council which could be attached to the application forms as a cover letter. Council members accepted the idea as outlined by Mr. Frane to be given to potential applicants for Municipal Industrial Development Bonds in the form of a cover letter. Council Minutes - 13 - Tues. ,February 5, 1980 2. Tax Increment Financing (continued from January 8, 198O) General discussion took place regarding information submitted by Finance Director Frane. MOTION: Redpath moved, seconded by Pauly, to instruct Staff to develop a program schedule of needed improvements in the Major Center Area which could utilize the tool of tax increment financing. Motion - carried unanimously. 3. Clerk's License List MOTION: Osterholt moved, seconded by Redpath, to approve the ClerktS License List as submitted. Motion carried unanimously. XII. NEW BUSINESS No "flew Business". XIII. ADJOURNMENT MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 10:45 PM. Motion carried unanimously.