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HomeMy WebLinkAboutCity Council - 12/18/1984 APPROVED MINUTES � + EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 18, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath b George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Bentley arrived at 8 p.m. ; Councilman Anderson at 8:05 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ` - The following item was added to the Agenda : V I I I . C. Edenvale. Penzel suggested the Council begin tonight's meeting with item VI . on the Agenda as items prior to those needed at least 4 Council menbers for a vote. MOTION: Tangen moved, seconded by Redpath, to approve the Agenda and. Other Items of Business as well as a change in the Order of Business while awaiting a quorum. Motion carried unanimously (Anderson, Redpath and Penzel . ) (For reasons of continuity, the Minutes are recorded in the form of the Agenda as published. ) II . MINUTES A. Regular City Council meeting held Tuesday, October 2, 1984 Bentley moved, seconded by Redpath, to approve the Minutes of the regular City Council meeting held Tuesday, October 2, 1984, as published. Motion carried unanimously. City Council Minutes -3- December 18, 1984 N. Request from Robert Worthin ton, Opus Corporation, for a three year extension on the Opus Plaza Office Building see Motion 0. Final approval for Municipal Industrial Development Bonds in the amount 0 750,000.00 for Norma r Investments (Resolution No. 84-326 P. HIDDEN GLEN 2ND ADDITION . 2nd Reading of Ordinance No. 139-84-PUD-4-84, rezoning from Rural to R1-22 to PUD-4-84-R1-13.5, approval of Developer's Agreement for Hidden Glen, and adoption of Resolution No. 84-327, approving Summary of Ordinance No. 139-84-PUD-4-84 and ordering publication of said Summary. Q. Purchase Agreement with Dolejsi' s for Hidden Glen Park R. Dolejsi Land Donation k Relative to item "H. " . MOTION: Tangen moved, seconded by Redpath, to_ authorize delay of the construction of sidewalks in Techs I b 11 until Y there is an overall plan and further development in the area. Motion carried unanimously. r Relative to item "N. ": MOTION: Tangen moved, seconded by Redpath, to grant a two-year, rather than the requested three-year, extension on the Opus Plaza Office Building. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to remove item "B. " from the Consent Calendar and to consider that with item IV. A. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to approve items A and C - R, as amended. Motion carried unanimously. IV. PUBLIC HEARINGS I A. BLUFFS EAST 3RD ADDITION by The Bluffs Company. Request for zoning istrict change rom R1-13. 5 to R1-9. 5 for 9.63 acres for 29 single family Tots. Location: west of Franlo Road, south of Lee Drive. (Ordinance No. 128-84 - amending Ordinance No. 105-84 - rezoning from RI-13.5 to R1-9.5) (Continued Public Hearing from November 20, 1984, and December 4, 1984) N City Manager Jul 1 i e stated notice of this Public Hearing had originally been published on November 7, 1984, and property owners in the project vicinity were notified at that time also. Director of Public Works Dietz addressed his memorandum of December 18, 1984, which discussed this matter. Penzel asked how the maintenance portion of the interim solution would be paid for. Dietz said that would be spelled out in the assessment agreement. r r City Council Minutes -2- December 18, 1984 III . CONSENT CALENDAR A. Set Public Hearing for January 222 1985, 7:30 p.m. , for easement vacation i n Tofu i r�i`-e`T'd B. Final plat approval for Bluffs East 3rd Addition (Resolution No. 84-323) Moved to IV A. for consideration with the zoning district change. C. Final plat approval for Technology Park 2nd Addition (Resolution No. 84-324) D. Set Public Hearing for January 22, 1985, 7:30 p.m. to consider name change of South Shore Lane E. Joint Powers agree nt to respond to NSP rate filing relating to electric rates for municipal water pumping t F. Clerk's License List G. DIGIGRAPHICS SYSTEMS CORPORATION by Welsh Construction. 2nd Reading of Ordinance No. 123-84, zoning istrict change from Rural to I-2 for 5.75 acres, approval of Developer's Agreement for Digigraphis, and adoption of Resolution No. 84-317, approving Summary of Ordinance No. 123-84 and ordering publication of said Summary. 9.63 acres for warehouse, office, research, assembly, storage facility. Location: northeast quadrant of Valley View Road and Highway #169. H. TECH THREE, by Technology Park Associates. 2nd Reading of Ordinance No. 125-84, zoning district change from Rural to I-2, approval of Develop- er's Agreement for Tech Three, and adoption of Resolution No. 84-318, approving Summary of Ordinance No. 125-84 and ordering publication of said Summary. 4. 35 acres for office/warehouse use. Location: south of West 70th Street, west of Washington Avenue. (see Motion which follows. ) I . EDEN PRAIRIE ATHLETIC CLUB by William O. Naegele, Trustee. 2nd Reading of Ordinance No. 126-84- UD-12-84, Planned Unit Development District Review of 17. 7 acres and zoning district change from Rural to Commerical Regional Service for 10. 11 acres , approval of Developer's Agreement for Eden Prairie Athletic Club, and adoption of Resolution No. 84-319, # approving Summary of Ordinance No. 126-84-PUD-12-84, and ordering publi- cation of said+ Summary. 17.7 acres for an Indoor-Outdoor Athletic & Fitness Center. Location: Prairie Center Drive at Singletree Lane. J. _Proposal from Fox McCue & Murphy to serve as Cit 's independent auditor or the 1984 calendar year i K. Resolution No. 85-10, approving Fees for the City of Eden Prairie for 1985 0 i t L. Set Public Hearing for Diseased Tree Removal for January 22, 1985, at 7:30 p.m. M. Request to the City Council to set a Public Hearin to review the decision ( of the Board of Appeals & Adjustments regarding the "Welcome Home proposal at 7170 Bryant Lake Drive for January 22, 1985 City Council Minutes -4- December 18, 1984 a There was discussion as to the sequence of terms in the memorandum. It was determined that item "C" should become "A" with items "A" and "B" then becoming items "B" and "C" respectively. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-323, approving the final plat for Bluffs East 3rd Addition subject to the conditions outlined in Director of Public Works Dietz's memorandum of December 18, 1984, as amended. Motion carried unanimously. Bentley indicated he felt the rezoning request goes against the intent of the R9.5 zoning and stated he intended to vote against the request. Wally Hustad, Sr. ,briefly reviewed the 13.5 zoning and noted the City had requested a transition area from the 9.5 zone to the 13.5 zone which is further to the south. It was his understanding they would then have some flexibility in this transition zone which would also allow for a better subdivision with added variety in house style. Redpath asked if it would not be better to go through the variance process rather than to request rezoning of these lots . Planning Director Enger said the original request from the builder was for 26 variances; since the number was that high, it was suggested to him that rezoning might be better. Bentley said the concept of transition can be looked at in two ways: the concept of density and that of the cost of housing. He said the Council might be premature in requiring a transition zone at this time. He noted that the 9.5 zone is being used to create a higher density on a smaller let. He indicated he has a basic aversion to that. Tangen said he had no problem with this at all ; he felt it has the potential to be a nice looking area. Joe Miller, builder, noted his reasons for wanting to see the request granted. Hustad said the builder has tried very hard to mix housing types. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to grant 1st Reading to Ordinance No. 128-84. rezoning on 23 lots with the lots west of Meade Lane excluded. Motion carried with Bentley voting "no. " MOTION: Tangen moved, seconded by Redpath, to direct Staff to prepare an amendment to •the prior Developer' s Agreement relating to prior Ordinance No. 107-84, Motion carried unanimously. City Council Minutes -5- December 18, 1984 B. ROCKY ROCOCO PIZZA by The Preserve. Request for Zoning district change from Rural to Commercial Regional Service for 0.89 acres for a restaurant and preliminary plat of 0.89 acres into one lot. Location: southeast quadrant of Highway #169 and Medcom Boulevard. (Ordinance No . 136-84 - rezoning from Rural to Commercial Regional Service and Resolution No. 84-325 - preliminary plat) F and k C. YOUNGSTEDT SERVICE CENTER .by The Preserve. Request for zoning district change from Rural to Commercial Regional Service for 1.53 acres for a restaurant and preliminary plat of 2.36 acres into one lot and two out- lots for an auto service center. Location: southeast quadrant of High- way #169 and Medcom Boulevard. (Ordinance No. 133-84 rezoning from Rural to Commercial Regional Service and Resolution No. 84-320 - pre- liminary plat) City Manager Jullie stated notice of these Public Hearings had been published and property owners within the project vicinity had been notified. Don Hustad, architect for the proposals, addressed the requests. Planning Director Enger indicated the Planning Commission had reviewed these requests at its meeting on December 6, 1984, at which time it voted to recommend approval subject to the recommendations included in the November 23, 1984, Staff Reports. The Flanning Commission requested the site plan for Rocky Rococo be changed so there would be better traffic circulation. Additional screening was requested along Prairie Center Drive to mitigate the effect of the Service Center doors. These channes will be made prior to issuance of a building permit. Redpath asked what the rationale was for having the service doors on the "outside" (facing the street) . Enger explained there were several alterna- tives and this one, along with proper screening, seemed to work the best. Penzei said he did not particularly find the service doors attractive and was reluctant to go along with the proposal . He asked if the Rocky Rococo canopy might be considered a sign similar to those on Kentucky Fried Chicken and Kinder Care. Enger said it is considered to be a similar situation. Tom Rutland, representing Rocky Rococo, stated a 72 sq. ft. pylon sign is usually included with their buildings in addition to the canopy. Penzel said he had a problem with the overhead doors on the Service Center and the fact that they will be visible from three blocks away on TH 169. Hustad said there will be a berm on top of a 4' wall with plantings on top of that which should provide adequate screening. f 4 p City Council Minutes -6- December 18, 1984 Anderson asked if bonding would be required for tree replacement. Enger said a surety bond guarantees replacement trees for one year, but the City can request replacement at any time. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing on the Rocky Rococo request and to give 1st Reading to Ordinance No. 136-84, rezoning. Motion carried unanimously, MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-325 , preliminary plat approval of Rocky Rococo Pizza for The Preserve. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations and with the recommendation that the sign on the building be eliminated. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 133-84, rezoning for Youngstedt Service Center for The Preserve. Motion carried unanimously, a MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-320, approving the preliminary plat of Youngstedt Service Center for The Preserve. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Surtmary Resolution of Approval per Commission and Staff recommendations and with the recommendation that, prior to 2nd Reading, a landscape plan be provided with combinations of other screening devices being considered. Motion carried unanimously. D. REYNOLDS PRINTING. Request for Planned Unit Development District Review an zoning district chance from Rural to I-2 for three acres and preliminary plat of 13.6 acres into one lot and two outlots for an office/manufacturing/. warehouse facility. Location: southeast quadrant of Valley View Road and Mitchell Road. (Ordinance No. 134-84 - rezoning from Rural to 1-2 and Resolution No. 84-321 - preliminary plat) and E. EDENVALE EXECUTIVE PARK by Welsh Construction, Request for Planned Unit Development District Review within the Edenvale 9th Industrial Park of 22.66 acres, with variance for more than 50% office use within the structure, and zoning district change from Rural to I-2 for approximately 9.0 acres for office/warehouse facility. Location: southeast quadrant of Valley View Road and Mitchell Road. (Ordinance No. 135-84 - rezoning from Rural to I-2 and Resolution No. 84-322 - preliminary plat) City Council Minutes -7- December 18, 1984 City Manager Jullie indicated notices of these Public Hearings had been published and property owners within the vicinity of the projects had been notified. Tony Feffer, Investment Services Group, spoke to the Reynolds Printing proposal . Paul Dunn, Welsh Construction , addressed the Edenvale Executive Park request. Planning Director Enger stated the Planning Commission had reviewed these proposals at its meeting on November 26, 1984, at which time it voted to recommend approval subject to the recommendations included in Staff Reports dated November 23, 1984. Anderson asked if there would be trailways to the Mr. Steak/McDonald's area. Enger said that was not included in this request. He indicated that grading is to be provided for the connection and the City is to provide the Creek crossing. Kay Schumacher, Equitable, reviewed the trails in this area. Anderson said he would like to see this connection made in conjunction with this development. Anderson expressed concern about how this overlooks the floodplain area. a There were no comments from the audience. MOTION: Bentley moved , seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 134-84, rezoning for Reynolds Printing. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-321, approving the preliminary plat of Reynolds Printing. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Supplemental Agreement to the Edenvale 9th Addition Developer's Agreement as per Commission and Staff recommendations. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 135-84, rezoning for Edenvale Executive Park. Motion carried unanimously. MOTION: Bentley moved, seconded' by Tangen, to adopt Resolution No. 84-322, approving the preliminary plat of Edenvale Executive Park for Welsh Con- struction. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Supplemental Agreement to the Edenvale 9th Addition Developer's Agreement as per Commission and Staff recommendations. Motion carried unanimously. t _ _._ _ _ City Council Minutes -8- December 18, 1984 F. NORTH BAY OF TIMBER LAKES 2ND ADDITION, by Richard Miller Homes. Request for zoning district amendment within RM-2.5 District (with variances) and site plan review for 12 units within three buildings on approximately 1.34 acres and preliminary plat of approximately 9.41 acres into three lots and one outlot. Location: northwest quadrant of County Road No. 4 and Timber Lakes Drive. (Ordinance No. 136-84 - amendino Ordinance No. 326 within the RM-2.5 District and Resolution No. 84-328 - preliminary plat) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Terry Lamb, representing Richard Miller Homes , addressed the request. Planning Director Enger stated the Planning Commission had reviewed this request at its meetings on November 13, 1984, and November 26, 1984, at which time it voted to recommend approval subject to the recommendations included in the Staff Reports of November 9, 1984, and November 23, 1984. Redpath asked if the neighbors concern regarding the landscaping and the view of the lake had been addressed. Enger said those concerns were raised at the first meeting of the Panning Commission; the first request had been . for two 4-unit buildings but this was changed to what has been discussed this evening. There were no comments from the audience. MOTION: Anderson moved, seconded by Redpath , to close the Public Hearing and to give 1st Reading to Ordinance No. 136-84, rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to adopt Resolution No. 84-328, approving the preliminary plat of North Bay of Timber Lakes 2nd Addition for Richard Miller Homes. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations, Motion carried unanimously. G. APPENDIX E. A Public Hearing to discuss Appendix E, an optional appendix to the State Building Code, which would permit the City of Eden Prairie to exceed the current requirements of the State Buidling Code in respect to the installation of automatic fire suppressions systems . (Ordinance No. 138-84) City Manager Jullie noted there is no statutory requirement for a Public Hearing for the Council to consider this item, however it was determined best to have this reviewed under the Public Hearing format to allow a fully open opportunity for the public to comment. Jullie indicated Staff had notified those property owners whose buildings might be subject to this new regulation in the event that additions to their buildings were requested. Y City Council Minutes -9- December 18, 1984 Jullie also stated the Development Commission had reviewed this matter and had recommended the adoption of Appendix E. Jack Hacking, Director of Public Safety; Phil Mathiowetz, Fire Marshal ; and Pat Coughlin, Richfield Fire Department, were present to answer ques- tions and address the proposal . Mathiowetz reviewed the buildings and what the Appendix would do. Bentley asked what the possibilities were of the State adopting this as part of the State Building Code. Mathiowetz said that was hard to predict; he noted that 14 cities in the State have adopted Appendix E. Redpath said he felt this would basically apply to new construction; he asked which other buildings might be affected. Mathiowetz said only those buildings which would have additions would be affected and only a small number of buildings in Eden Prairie would fall into that category. Penzel asked if this would lower insurance rates, Mathiowetz said there can be significant insurance breaks when a building is sprinklered. He noted that by putting sprinklers in a building, the size of the building can be increased. There are also significant payoffs in the cost of fire fighting as the result of sprinklers being included in a building. Brad Hoyt, 7201 York Avenue South, Edina, stated he has never built a building with a sprinkler system. He said the costs of insurance are borne by the tenant of a building whereas the initial cost of the sprinkler system is borne by the builder. Hoyt indicated some tenants are not allowed in some buildings because they cannot get insurance. w He said he was not in favor of this because it is another government regulation. Jerome King, 10890 Northmark Drive, said he felt that there are trade- offs -- the more money spent for sprinkling a building the less money is spent on the building itself which will then result in an inferior building. He indicated he had materials available which review this issue and indicated a willingness to share these with City officials.. The problem of getting volunteer firemen was discussed. It was noted that the number of firemen available during the daytime hours is limited. Coughlin noted that because cf the low daytime response, Appendix E helps because of the built-in fire protection. He also stated that the built-in fire protection costs are up-front costs and not an on-going cost such as that of the pay to firemen. Building Official Wayne Sanders said the main advantage to Appendix E is that it allows larger buildings to be built. He stated that the loss of business time is almost nil when there is a fire in a building which has a sprinkler system in it. City Council Minutes -10- December 18, 1984 Darrell Anderson, Design Partnership Architects, stated that fire suppression systems are very costly in small buildings . He noted the Uniform Building Code has a very stringent exit system included in it. and is used to protect the small building occupant. Redpath suggested the Council get and review the materials which King mentioned. MOTION: Redpath moved, seconded by Bentley, to continue this Public Hearing to the January 8, 1985, meeting of the City Council . Moti on £ carried unanimously. H. PROPOSED AMENDMENT TO ADVERTISING SIGN DISTRICT AND PROPOSED AMENDMENT TO PUBLIC DISTRICT DEFINITION Ordinance No. 137-84 City Manager Jullie indicated notice for this Public Hearing had been published. He noted the proposed changes, as recommended by the City Attorney, involve deletion of any reference to "quasi-public" in ; apter 11 of the Code and also an amendment relating to specific 1 anguagf: ' n the advertising sign zone which is also included in Chapter 11 of ;.rye Code. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 137-84. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 17455 - 17739 MOTION: Tangen moved, seconded by Bentley, to approve the Payment of Claims Nos. 17455 - 17739. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. APPOINTMENTS City Manager Jullie noted Sandra Werts' memo of December 12, 1984, in which this matter was discussed. MOTION: Redpath moved, seconded by Tangen, to appoint Frank Cardarelle and William McNeil to the Restoration Committee. Motion carried unanimously. (Redpath , Tangen and Penzel . ) C City Council Minutes -11- December 18, 1984 VIII . PETITIONS, REQUESTS & COMMUNICATIONS A. Dennis Maurer and Janet Rice, Southdale YMCA, regarding Youth Counseling Services for Eden Prairie Scott Beady, supervisor of the program, gave the history of the Youth Counseling Services for Eden Prairie. He introduced Dennis Mauer and Janet Rice who indicated they have an office in Eden Prairie and make presentations in the high school , middle school and elementary schools . Mauer and Rice are therapists. They reviewed the programs they have available to Eden Prairie residents -- both children and families. 4 Beady said they are not asking for funds at this time but they will be asking for the City's continued support of the program. Anderson said he was concerned about the problems which might be unique to Eden Prairie. Rice indicated those problems are transportation -for youth due to the lack of public transportation and boredom. i Bentley suggested that perhaps an improved internal mass transit circu- lation system as well as an external system would help the youth . lie asked if CDBG funds mights be available for that. Planning Director Enger said he would check into that. Penzel thanked Beady, Maurer and Rice for their efforts and for their presentation this evening. B. Doug Reuter request to speak to the issue of Residential Refuse Collection (l Contract Reuter called attention to his letter of November 27 , 1984, in which he suggested the City of Eden Prairie take bids for a residential refuse contract. Redpath said he felt the Legislature and the Metropolitan Council will probably respond to this in the very near future. Reuter said the State has charged the counties into looking at this problems. Bentley said he would not like to see the government get involved in an area in which private enterprise is doing a good job. Penzel said he felt this has merit in looking into and suggested this be sent to the Recylcing Committee for further evaluation. MOTION: Redpath moved, seconded by Anderson, to refer this to the Recycling Committee for its review. Bob Carling, 6331 Industrial Drive , said the City should not look upon this as a way to make money. He stated what he felt were some of the pitfalls of containerized cans. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -12- December 18, 1984 C. Edenvale II Apartments -- Revised Plans Planning Director Enger referred to his memorandum of December 18, 1984, in which the issue of the revised plans was addressed. Enger indicated that, normally, a change of this magnitude would require a new review by the Planning Commission. James Cooperman, architect for the proposal , stated the change was largely in the roof-line. Enger stated the Planning Commission had not seen this plan; this was to have been a transitional building. Bentley said he felt there was a significant change in what had been proposed and what was now scheduled to be built and that it should go back to the Planning Commission for its review. A rep:esentative for the proponent stated the reason for the change was that a flat roof is easier to maintain. MOTION: Bentley moved, seconded by Tangen, to refer this matter to the Planning Commission for its recommendations. !Motion carried unanimously. r IX. REPORTS OF ADVISORY COMMISSIONS y A. Charter Study Committee - Final Report Ruth Charchian and Fred Hoisington , Co-Chairmen of the Charter Study - Committee were present to address the final report of the Committee. They reviewed the Report and stated the Committee's recommendation was that the this was not the time to adopt a Charter but that the Charter rule issue be periodically reevaluated - a two-year interval basis was suggested. The Council expressed its thanks to the Committee for the time and effort it had pit into formulating the Report. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Tangen - noted this was his last meeting as a member of the City Council and indicated the past four years had been a good experience. He thanked the other members of the Council for being extremely dedicated servants of the City. He said he felt progress had been made during the past four years and was happy to have been a part of that. He thanked Mayor Penzel for al 1 of hi s hel p duri ng this period. Tangen said he had made his decisions not on friendships or influence, but on the basis of what was best for the City of Eden Prairie and he hoped that no one would hold that against him personally. i [ n City Council Minutes -13- December 18, 1984 'i Penzel - indicated it had been a real pleasure to be a part of City govern- ment. He thanked the citizens of Eden. Prairie for the opportunity to a (` serve them. Penzel also thanked the Staff of the City. Redpath - thanked Penzel and Tangen for their service to the City. He said hi7 felt the Council had worked pretty much in concert even though there had been some disagreements along the way. Penzel - stated that Gary Peterson, Paul Redpath, Carl Jullie and he had appeared before the Metropolitan Council regarding the EIS for the landfill . He noted that it will take another six months or so before the process is completed. B. Report of the City Manager There was no report. C. Report of City Attorney 1. Settlement of action against Barbarossa & Sons regarding damage to property in Water Treatment Plant City Attorney Pauly called attention to his memorandum of December 13, 1984, in which this matter was addressed. MOTION: Redpath moved, seconded by Tanqen, to approve the recommendation of the City Attorney to accept the settlement offer in the City of Eden Prairie vs. Barbarossa b Sons, Inc. , et al suit. Motion carried unanimously . (Redpath, Tangen and Penzel ). 2. Congressional Action City Attorney Pauly noted that there had been recent Congressional action regarding the granting of immunity to cities from antitrust liability. 3. State of Minnesota Action The Minnesota State Supreme Court and the Court of Appeals upheld a couple of Court cases where the requirement of bringing action on a municipality must be done within 90 days was determined to be unconstitutional . XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Anderson moved, seconded by Bentley, to adjourn the meeting at 11:40 p.m. Motion carried unanimously. " y }