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City Council - 09/19/1978 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie; Director of Community Services Bob Lambert; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. ;r I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion on Cable TV ' B. Discussion of property at 8920 Count Road 18 p p .Y y _ z C. Color chart for fire stations D. Side yard requirements for residential development MOTION: Pauly moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II . PROGRESS REPORT ON ROAD ALIGNMENT OF VALLEY VIEW ROAD/ROUND LAKE PARK City Manager Ulstad reported that he, along with City Attorney Pauly, met with the Legal Counsel of the School District and Mr. Gamm on Monday, September 18, 1978. Ulstad stated he will be meeting with same parties next week and will have a report back to the Council on October 3, 1978. A summary was submitted to Council Members from City Attorney Pauly dated September 19, 1978. III . CONSIDERATION OF DRAFT MOTION_REGARDING STREET ALIGNMENT FOR LAKE TRAIL ESTATES Mayor Penzel referred to the memo submitted by the Luther Way/Meadow. Lane residents, and also the information submitted by the Heritage Park residents. _ City Engineer Jullie commented that the Council motion as formulated at the 9/5/78 Council meeting is the best solution. In creating a north/south collector road there poses some problems . Also Jullie stated he has trouble justifying the cost benefit analysis of the proposed signal at Highway #5. b k- aiici i i,onULeS - G - lues . ,JepteniDer 19, 19/b I I I . CONSIDERATION OF DRAFT MOTION REGARDING STREET ALIGNMENT FOR LAKE TRAIL ESTATES (continued) T Jullie reiterated a more appropriate !procedure is to follow the Council motion as proposed and then address any problems that may come up at a future time when traffic volumes occur, and to make reasonable and appropriate changes at that time. i Meyers questioned if the City went with the three year easement suggestion, who would have authority on the continuation of that easement? City Attorney Pauly responded the authority would be with the City Council . It would be the same problem or same question presented in any other situation where it would be necessary to open a road. The Council would have the right to determine that a permanent road should be installed and if determined, should that be the case, the City would have to attempt to acquire the property by negotiation and in the ultimate by condemnation. MOTION: Meyers moved, seconded by Pauly, that Luther Way Road connection F be opened to the west in a circuitous route as laid out in the revised plat of Lake Trail Estates with two "T" intersections with stop signs, and continuing circuitously through Round Lake Estates and Heritage Park as depicted on Transportation Alternate lA as recommended by City Staff, Public Safety Department is directed to monitor speed on Luther Way and issue tickets when appropriate, direct the Engineering Department to periodically monitor traffic counts on Luther Way and when the traffic exceeds the estimated 1100 trips per day, the City Council will initiate action to reduce traffic volumes. When connection from Round Lake Estates to the north at Valley View Road is made, a Public Hearing will be held to review the vacation of the connection to Luther Way. Also to rescind the motion of 8/15/78 Council meeting regarding road connection to Luthet^ Way and adopt this motion in lieu thereof. Roll Call Vote: Meyers, Pauly, Bye and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Pauly moved, seconded by Meyers, to instruct staff when the warrants are met on Lake Trail Estates, Luther Way and Heritage Park, installation of a light on the Lake Trail Estates road connection to Highway #5 be taken up with the potentially affected areas. Motion carried unanimously. Bye stated it should be noted that the City has very little control of the if, when and where of traffic lights on Highway #5. IV. CONSENT CALENDAR A. Payment of Claims Nos. 1474 - 1641 B. Set Public Hearing for Eden Prairie Grocery for October 17, 1978 f b C. Set Public Heariag for Menards for November 8, 1978 D. T.H. 169/I-494 Ramp Signals Agreement with D.O. T. (Resolution No. 78-i 71 This item was moved to Item VI I 1. D. 3. r E. Approve plans and specifications and oreer advertisement for bids for Lotus View Drive I C. 51-321f street iraprovements Resolution No 78-17 Cri, fnci l tjinutes -� - 3 - i ues . ,z�epLernoer ito, i�sits T IV. CONSENT CALENDAR (continued) F. Final plat approval for Yorkshire Point (Resolution No. 78-173) This item was moved to Item VIII , D. 2. Councilman Osterholt requested that bids be tabulated and given to him on Claim Nos. 1492, 1568, 1577, 1592 and 1596 before approval is considered. MOTION: Bye moved, seconded by Osterholt, to approve Item A, excluding Claim Nos. 1492, 1568, 1577, 1592 and 1596, and approving Items B, C and E. Rolf Call Vote: Bye, Osterholt, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, to rezone from Rural to RM 6.5 and Preliminany plat a2proval Resolution No. 78-106 and Ordinance No. 78-31 I Mayor Penzel explained she proponents have requested a continuation of the Prairie East 7th Public Hearing. MOTION: Pauly moved, seconded by Osterholt, to continue the Prairie East 7th Public Hearing to the October 3, 1978 Council meeting. Motion carried unanimously. B. Anderson Lakes Parkway Apartments by The Preserve, request to rezone approximately 9 acres from Rural to Rm 2.5 for 126 rental apartment units Ordinance No.. 78-40 Mayor Penzel referred to communication from The Preserve dated September 13, 1978 requesting the Council to close the Public Hearing while they continue discussion with The Preserve residents on this project. Further that at a later date they will request that a new Public Hearing be scheduled at which time they will assume the costs of republication and notice. MOTION: Osterholt moved, seconded by Meyers, that the Anderson Lakes Parkway Apartments project be denied without prejudice and that the Public Hearing be closed at this time. Motion carried unanimously. C. Bluff's West 2nd Addition by Hustad Development Corporation by Hustad, Dr. & Mrs. Brandt, and B.F.I . Request for rezoning from Rural to R1-13.5 and approval of revised preliminary plat of approximately 194 units on 97 acres. Site is located north of Riverview Road and west of Homeward Hills Road (Ordinance No. 78-41 & Resolution No. 78-154) City Planner Enger responded to questions raised at the September 5, 1978 Council meeting: 1) Whether the joint airport zoning board has been apprised of this plat. Enger explained this board has not yet convened and may not be convened until after the first of the year. Staff has sent a copy of the plat and pertinent information to the Director of Planning for MAC, Bill Olson, and we expect his comments to be forthcoming. Have also submitted a copy of the plat to the Lower Minnesota Watershed District about 2 months ago and at Mr. Enger's council Minutes � - 4 - iues. ,--Jepzemuer i �s, iys/ s C. Bluff' s West 2nd Addition (continued) last conversation with the Watershed District engineer, the engineer was waiting for a commOnication from the developer. Mr. Putnam has been informed of this. 2) Mr. Enger has talked to Mr. Putnam regarding the Environmental Assessment Worksheet, which speaks to the possibility of artifacts on the site. 3) Enger further commented he has been in touch with the School District and this is one of the major developments which was foreseen.. Enger referred to conversation with. Dr. Fallon whereby Dr. Fallon assured him that the posture of the School District is that they will plan for development. Also talked to Tom Myers, Principal of Prairie View Elementary, and he is working with the City' s building department staff to keep building permit counts . 4) Question of the 60% grading. Enger responded there will be at least 60% grading on the site as proposed in the development. This is a somewhat different type of development than a 50 lot subdivision done by a smaller builder. The initial grading is a minimal type of thing - it is confined to the road area. ) On the face it seems an insensitive way to treat a site, but when you are dealing with over 170 lots, it is advantageous to have the development developed as soon as possible. The Riley Purgatory Creek Watershed District has commented that from their perspective it would be wise to stage the development as this would be a safeguard against major erosion problems occurring. Director of Community Services Lambert responded to concerns of the Council : 1 ) Was there a need for tot lots in this area? Lambert explained the Parks, Recreation & Natural Resources Commission met on September 18th and they do not feel there is a need for tot lots in Bluffs West. 2) Mr. Lambert further stated he has met with Mr. Kager and BFI is in agreement with the proposed park boundaries; however, a decision could not be made on the price of the parcel . Bye commented on 9/5/78 the Council 's major concern was "where is the park and, if we don't determine where the park is and what the price is, does the possibility of the price of the land go up. It seems somewhat strange that one of the proponents for this rezoning is BFI and the owner of the site the City would like to buy is BFI . Until the City knows where the park is going and a bona fide price established on the park land, Bye does not feel the Council can get down to considering the Bluff's West 2nd Addition proposal . Richard Putnam, Hustad Development Corporation, explained the proponents have an agreement with BFI to purchase 14 acres of their 350 acres and it took them many, many months to negotiate the purchase of that 14 acres . Could not tell the Council how 'bong it would take BFI to negotiate the price with the City. Osterholt referred to previous question as to whether there shouldn't be a park area in the site for the use of the residents. He is surprised that the Parks, Recreation & Natural Resources Commission are opposed to this. Wondered if it wouldn 't be better to go back to the Commission. Does not believe the facility as proposed is what the Council had in mind for the types of homes proposed. There are needs for neighborhood parks and we are not getting them. Osterholt also spoke to the lack of erosion control in this section of the community as there is substantial erosion. Council Minutes 5 - Tues . ,September 19, 1978 t C . Bluff's West 2nd Addition (continued) Osterholt requested that a map �e shown at the October 17th Council meeting depicting the subdivisions approved or those being considered adjacent to where the Airport A and B zones fall . Pauly stated she would like the airport law clarified and the price on the neighborhood park pinned down. Meyers expressed her hesitancy to vote in favor of the proposal because of the lack of grading controls , would like to have an artifacts survey done, would like to see the original proposal before the commissions made revisions, and would like to know what the ultimate use of Outlot C is going to be along with staff recommendations on what we should do with Outlot C. MOTION: Pauly moved, seconded by Meyers , to continue the Bluff's West 2nd Addition to the October 17, 1978 Council meeting. a D. 1978 Special Assessment Hearing (Resolution No. 78-169) City Manager Ui s tad read the introduction to the special assessment hearing, and stated if anyone in the audience is interested in - special amounts there are people in the Engineering Department that will answer questions of them. City Engineer Jullie spoke to Resolution No. 78-169, and each proposed assessment project was discussed separately: 1. I . C. 51-270 - Street improvements on Scenic Heights Road between Mitchell Road and Eden Prairie Road City Engineer Jullie responded to questions raised by Dominick Londino, 8238 Tamarack Trail , and Harlan Fritz, 8226 Tamarack Trail . 2. I. C. 51-300 - Sewer and water in Edenview and Kurtz Lane areas City Engireer Jullie responded to questions asked by Jim Cardinal , 15701 West 62nd Street, Lewis Witt, 6328 County Road 4, Clifford Thompson, 6559 Kurtz Lane, Earl Drebenstedt, 15620 South Eden Drive, Milford Terwedo, 15424 North Eden Drive, Carl Norman, 15415 North Eden Drive, Vic Carlson, 15703 South Eden Drive, and Harold Trocke, 15801 West 62nd Street. (Petition attached Roland Pashina, 15600 Oak Ridge Road, questioned if plastic pipe could be used for water services rather than copper that is presently used. City Engineer Jullie responded he would look into the possibility of using plastic versus copper. a= -.. .. ..ounce i snnuzes .� - o - ►ues . ,aeNLL1h,cer iv, iyips D. 1978 _ped al Assessment Heariq (continued) 3. I . C. 51-309 - Water extension and street improvements on Homeward Hills Road No questions asked. f 4. I . C. 51-312 - Utilities and Street improvements in Country x Vista Addition No questions asked. 5. I. C. 51-316 - Utilities and street improvements in Nygren Estates Addi ti on No questions asked. 6. I. C. 51-319 -Utility improvements in the Norseman Industrial Park 2nd Addition City Engineer Jullie referred to communication from Condor Corporation dated September 19, 1978, objecting to any assessment as their property is serviced entirely by the utilities in Washington Avenue South and they have already been assessed for same. 7. I. C. 51-320 - Sewer Improvements on Eden Road City Engineer Jullie responded to questions raised by Mr. Bert Menke, 8018 Eden Road. 8. I. C. 51-326 - Street Improvements on Dell Road through the Edengate area No questions asked. 9. Supplemental Assessments No questions asked. Osterholt requested that an amendment be made in Resolution No. 78-169 in item 2, 5th line, the figure be changed from 8 per cent to 6.86 per cent. Council members concurred with this amendment. Bye stated those that pay should not be ;penalized for those that do not pay,, and advocated charging more on delinquencies . Frane explained that the City_could have more than 1 rate for special assessments. _ This possibility to be discussed at another Council meeting. MOTION: Osterholt moved, seconded by Penzel , to close the Public Hearing , and adopt Resolution No. 78-169, approving 1978 Special Assessments, as amended with the 6.86 per cent figure used rather than the 8 per cent. Motion carried unanimously. E. 1979 City Budget Osterholt requested staff provide the Council with alternate audit firms. �.ouncil Minutes ,� - 7 - Tues . ,September 19, 1978 E. 1979 City Budget (continued) Meyers expressed concern for buggeting for programs where we don't even have a program. Penzel felt we have been moving far too slowly in developing a program for senior citizens . Meyers expressed concern about the budget of the Public Safety Department and asked if the performance and administration of that department has been evaluated in terms of cost-benefit. Meyers noted this department is at least 25% of the budget and asked if we are getting the most for the dollar. MOTION: Osterholt moved, seconded by Pauly, to continue the 1979 City Budget to the October 3, 1978 Council meeting. Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS No reports. VII . ORDINANCES & RESOLUTIONS A. Discussion of issuing MIDB`s using mortgay es instead of bonds City Attorney Pauly referred to memo dated September 15, 1978 i from Finance Director Frane, explaining he has been in the process of gathering ideas on guidelines from other communities and as yet has not had a chance to completely review the information nor has he formulated any specific recommendations to cover the overall guidelines . Osterholt felt the memo says if a company doesn' t have big numbers to work wi th) they aren't eligible and this is unfair to the small businessman. Penzel stated when the Council adopted its first policies there was a limit of $500,000, which was about five years ago. The premise at that time was that a business of a substantial nature which would be interested in seeking such financing would have potentially a better chance of meeting its obligation because of the past performance and size of the operation than a smaller operation would have. The City wants to be assured there will actually be a financial ability to defer the obligation, particularly when one considers the potential long range effect it may have on the City 's rating. Bye agreed somewhat when talking about the bonds, but does not agree at all on the mortgage. He does not feel at all responsible on the mortgage which is owned by a financial institution. Also shares Mr. Osterholt's concern that it would appear we are a City that is advocating big things coming out here which he believes is wrong. Should ,( encourage small companies that may eventually become big ones. 'l. Osterholt stated he was not a member of the Council when these.yu i del i nes were drawn, but is sure the thought was because revenue bonds were new at that time some reasonable guidelines should be established. When you get into the bonding business the market place will automatically rule �aunci I Minutes - is - I ues ,September 19, 1978 ti 4 j A. Discussion of issuing MID6 's using mortgages instead of bonds (continued) out some of those things for the smaller business establishments. Feels ( this whole thing has been amended and added to and will be changed by future legislators and it has gotten to be an extremely attractive financing arrangement now,and doesn't think it should be parceled off to just big companies. If anybody should be able to afford to pay the going rate commercially, it should be the large corporations. Osterholt requested that item 1 be struck from the 9/15/78 memo. Meyers felt there should be more definitive guidelines after 2, 3, 4 and 5 if we are going to lower our figures. Even though we are talking about a financial institution holding a mortgage, there should be some business experience represented in the City 's reviewing of that because we still don't want to get to the point where the City has small businesses vacant throughout the community even though a financial institution is responsible for meeting the payments on that building. f With our I-2 zoning Meyers doesn ' t know how realistic we are in saying we are going to tower this and attract small industrial and i smaller struggling businesses onto 2 acre industrial park sites . Believes there is an opportunity for a small business locating t individually in some of our PUD commercial areas, but we need to have a background of financial and business responsibility along with some of those guidelines . Osterholt comet--nted there should be a great deal more input that has to be developed before we can say this is our new set 'of guidelines. Would like to see us go to our bond consultant and perhaps seek information from other communities and see what they use. Penzel explained the 9/15/78 memo was merely trying to address the question of the mortgage route of municipal industrial development bonds. . Mr. Pauly and Mr. Frane have indicated the regular bond rate guidelines are still in the development stage & they will be coming before the Council at a later date. City Attorney Pauly suggested in the general overall review of the subject the Council may wish to incorporate these suggestions in -the, overall guidelines which will be applicable to all types of industrial revenue financing. No action required. B. Resolution No. 78-174, granting preliminary approval for MID 8"s for Blackbourn, Inc. Finance Director Frane spoke to Resolution No. 78-174, and introduced Mr. Mary Xngber, bond counsel for the applicant, who answered questions of Council members . MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-174, granting preliminary approval for MIDB' s for Blackbourn, Inc. ' in the amount of $750,000. Motion carried unanimously. C Council Minutes - 9 - Tues. ,5eptember 19, 1978 C. Resolution No. 78-175,_ granting �re7iminary an�roval for MIDB's for Thrift-Way, Inca _ Finance Director Frane spoke to ,'Resolution No. 78-175, and answered questions of Council members. 'Frane explained the applicants will be coming before the Council with a request for proper zoning. Thrift-way is a retail grocery type of operation. This is in the form of a mortgage. Meyers pointed out on page 2301E of the resolution under item 3 - the property is hereby given preliminary approval subject to approval of the ultimate details of the project. This property is currently zoned rural , but there is an approved PUD concept on the property which did not include neighborhood or community commercial use or community commercial scale use for that area. There is already a designation in the City' s guide plan in concept _of community commercial scale areas in the area - one in the Eden Prairie Center, another on County Road 18, and one in The Preserve. By approving this resolution giving preliminary approval we are giving more than just the bond go ahead, we are also making an amendment to the Titus PUD and also areas of the guide plan. Feels she is not prepared to give preliminary approval without having a } review by the staff and commissions . Osterholt agreed with Mrs. Meyers and stated he would not entertain a motion on any MIDB's for other than what was approved for that property. Until the proponents have received that kind of rezoning assurance, Osterholt commented he would not be in favor of granting any preliminary approval for MIDB's. Osterholt suggested if the rezoning is proposed to goat the same time a submittal should be made requesting preliminary approval for MIDB's. Then those two actions could come before the Council concurrently. Bye questioned if the proponent would concur with the order of events suggested by Mr. Osterholt. Mary Ingber, bond counsel for the applicant, explained as he understands these transactions, rezoning may be one of many problems that have to be resolved and preliminary approval is nothing more than a go ahead. If everything else can be negotiated to the Ci ty's satisfaction and the proponent's satisfaction, then it comes back to the Council for final approval . Mr. Engber stated he has never believed it would be an implied position that the City has to give the proponent everything after adoption of preliminary approval of the MIDB's. Meyers recalled in a discussion of this same issue not too long ago, that the Council was advised that while it is true this is a preliminary action, usually the final action becomes a formality because all the things get worked out. City Attorney Pauly commented it is printed in the resolution this is not a firm commitment; however, agreed when the initial approval is given it does give kind of a moral support from the Council at that point. Council Minutes - 10 - Tues . ,September 19, 1978 i C. Resolution Na. 78-175 granti npreliminary a royal for t�ll_DB' s for Thri ft--Way, Inc. Conti nued�' Osterholt personally felt he would not be comfortable in adopting this resolution without some type of action taken concerning the zoning as this has kind of evolved as part of the City 's policy. Osterholt further stated this is not a reflection in any way on the proponents. Bye noted if the zoning were accomplished, he would expect that this exact proposal would be approved. MOTION: Osterholt moved, seconded by Bye, to lay Resolution No. 78-175 s on the table for consideration at such time as the proponents come back with a rezoning request. Motion carried unanimously. D. Resolution No. 78-177, granting final approval for MIDB 's for the Gelco Corporation MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 78-177, granting final approval for MIDB's for the } Gelco Corporation. Motion carried unanimously. x VIII .REPORTS OF OFFICERS, BOARDS & COMMISSIONS 3 i A. Report of City Manager 1. Addition to liquor Store Operation City Manager Ulstad explained staff has been reviewing the expansion of the City's liquor store operation and referred ._ to memo dated 9/15/78 from Finance Director Frane. Ward Dahlberg, manager of the liquor store, answered questions of Council members, and stated that the addition is needed. Frane commented the memo implies if we expand our store, we expand our sales, and if we expand our sales, we will expand our profits Meyers questioned if the assumptions on profit take into account by 1984 or sooner that the Prairie Village Mall will not be the only community commercial operation in town. Frane responded this has been taken into account. Osterholt explained he would like to have some numbers from other cities in the retail liquor business. City Manager Ulstad suggested that the City secure audit reports from other communities. Uls tad recommended expansion of the liquor store this fall based on the information submitted by Finance Director Frane and Mr. Dahlberg. MOTION: Osterholt moved, seconded by Bye, to expand the liquor store operation this fall as recommended by City Manager Ulstad. Osterholt, Bye, Meyers and Penzel voted "aye", Pauly "abstained". Motion carried. Council Minutes N - 11 - Tues. ,September 19, 1978 MOTION: Osterholt moved, seconded by Bye, to continue the Council meeting past the 11 : 30 PM scheduled adjournment time. Motion carried unanimously. B. Report of City Attorney City Attorney Pauly brought the Council up-to-date on the Condon/Naegele signs. Pauly stated in 1971 the City adopted an ordinance essentially prohibiting outdoor advertising signs, except in areas which were specifically created as sign zones. Such a zone was one that was created on the northerly side of Highway 494, and there is also a zone on the north side of Highway 169. Pauly explained the sign which has come into question particularly is the one in the intersection of Highway 169 and County Road 39. In 1976 the property was rezoned and concept approval given for automobile deaierships and there was a provision in the rezoning agreement to the effect that the time building permits are taken out, the present signs would be removed, and then there was a lette ' sent by Condon/Naegele that talks about getting permission to establish 4 designated signs and removing the 6 signs already there. The letter designated a location at the intersection of Highway 169 and County Road 39 where they have placed a sign. The letter only commits the City to do that after building permits are taken out, and building permits were never taken out. Pauly stated he could not find the authority for Condon/Naegele placing the signs and further stated he would check further into this matter. MOTION: Osterholt moved, seconder: by Meyers, that in light of City Attorney Pauly's report that Condon/Naegele be advised that the City plans to take action to have the sign removed at Highway 169 and County Road 39. Further to direct Staff to check the extensions on all of the Condon/Naegele signs to see if they meet the sizes designated in the Sign Ordinance. Motion carried unanimously. Penzel requested that the old semi-trailers parked on the property which are used for the purpose of signs be removed at the same time. C. Report of Director of Community Services 1. Receive and award bids for tennis courts at Prairie View and Round Lake Director of Community Services Lambert spoke to memo dated September 13, 1978 and answered questions of Council members. MOTION: Osterholt moved, seconded by Pauly, to award the bid to the lowest responsible bidder, Bituminous Roadways, in the amount of $26,980, contingent on the School Board 's concurrence. Roll Call Vote: Osterholt. Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Leaf Recycling Center Director of Community Services Lambert spoke to memo dated 9/14/78 and answered questions of Council members. (" Osterholt questioned if the City owns the proposed site for the Leaf Recycling. Center. Lambert responded the City has a deed on the property, but has not yet received a signed copy from Hustad's attorney. Further that Hennepin County has requested that we receive at least a letter from Hustad indicating the City does have the deed coming. Council Plinutes t, 2. Leaf Recycl i„nq _Center (continued) MOTION: Osterholt moved, seconded by Meyers, to inform Hustad Development Corporation the Council intends to stop issuing building permits on Prairie East additions until lease is received from Hustad's . Motion carried unanimously. Mr. Monteleon, Hennepin County, spoke to the proposal and stated Hennepin County will maintain the road in the spring and fall when the site is open. Meyers requested changes to be made in the agreement, i .e. , page 2, 7th line, after "Center" add"with notice to and approval by the City" and an additional paragraph be added that "The County shall respond as possible and reasonable to complaints of nuisance regarding dust, noises, odor, etc. , as reported by adjacent property owners" . City Attorney also requested that the last paragraph in the agreement be tightened up on page 3. MOTION: Meyers moved, seconded by Osterholt, to approve the cooperative agreement with Hennepin County regarding the leaf Recycling Center and insert the lease price at $2,000.00 along with other corrections noted by the City Attorney and other Council members. Motion carried unanimously. 3. Relocation Assistance for John Bren MOTION: Osterholt moved, seconded by Meyers, to approve the relocation assistance for John Bren in the amount $15,500. Motion carried unanimously. D. Report of City Engineer 1. Receive 100% petition and order watermain, storm sewer and street improvements on E/W road past AMOCO site between T.H. 169 and Eden. Road Resolution No. 78-170 MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-170, receiving 100% petition, ordering improvements and preparation of plans and specifications for public improvements on AMOCO, Teman & Ball Properties (I .C. 51-334). Motion carried unanimously. 2. Final plat approval for Yorkshire Point_ (Resolution No. 78-173) MOTIOIJ: Os tarhol t moved, seconded by Bye, to adopt Resolution No. 78-173, approving the final plat for Yorkshire Point, amending Staff Report of 9/13/78, recommendation 4, by striking i ; "six (6)" and inserting n lieu thereof "two (2)" . Further to direct Staff to look into the question of erosion and pollution control and advise the developers about the Council 's concerns. Motion carried unanimously. 3. T. H. 169 I-494 Ram Signals A reement with O.O.T. Resolution No. 78-171 Osterholt questioned the total cost. Council Minutes 3. T. H. 169 I-494 Ramp Signals A reement with D.O.T. (continued) Jullie responded $97,000 for 78th Street signal at the south ramp, $11 ,000 for the temporary signal at the north ramp, and the State cost is ,100% for the permanent signal at the north ramp. The City's total cost would be $32,000 to $33,000 for our share of the permanent signal at the south ramp and the temporary signal at the north ramp. MOTION: Osterholt moved, seconded by Penzel , to adopt Resolution No. 78-171 , T.H. 169/I-494 Ramp Signals Agreement with the Department of Transportation, and reaues t that Staff inquire about a temporary signal on the south ramp. Motion carried unanimously. Penzel thanked Homart and Mr. Robie for their contribution of $10,000 for the temporary signal at the north ramp. IX. NEW BUSINESS A. Discussion on Cable TV Meyers expressed her concern if Eden Prairie does nothing now on Cable TV, the way the Cable rules read parts of Eden Prairie could be annexed into other cable service territories and the City would lose some of its prime service areas to other communities without having franchise control over them. Meyers stated the City should get started on making application to establish a Cable TV territory and then go forward with the franchise ordinance and a citizens advisory committee. City Manager Ulstad explained he is going to be recieving a model ordinance on this subject and will review same with City Attorney Pauly. A draft ordinance will then be sent to the City Council for their review. MOTION: Bye moved, seconded by Osterholt, to instruct the City Manager to proceed in drafting a franchise ordinance to be considered by the City Council . Motion carried unanimously. B. Discussion of property at 8920 County Road 18 Meyers expressed her concern about the misuse of the lease at 8920 County Road 18. City Manager Ulstad explained he will be meeting with. Wayne Brown on Wednesday to go over and review with him the use of the site and will come back with a report to the Council . C. Color chart for fire stations City Manager Ulstad went over the color scheme for the fire stations, Council Minutes - 14 - j ues. ,aepLeinoer i y, E y�ts D. Side yard requirements for residential development City Manager U1 s tad con.mented that Ordinance No. 135 calls for 10 and 15 foot side. yard setbacks{and questioned if the Council in the past has ever established a policy i nceeats i ng the 10 foot side yard to 15 foot side yard setbacks when living facilities are provided for on both sides of the home. The Council stated 15 feet is not required on both sides of the home for side yard setbacks. X. ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1 :15 AM. Motion carried unanimously. G k w 1 TO THE CITY COUNCIL "''. 18, 197R We the undersigned taxpayers of EDFN PRAIRIE do not think the filling of our septic tanks and holding tanks should be mandatory. We do not think that there is any environmental or safety hazards involved by not filling these tanks. Furthermore our surrounding communities do not require that the tanks be filled. By not filling the talks there would be a saving of $50.00 to 310O.00 per resident. We wish that the City Council would reci.nd this order. NARKS ADDRESS NAME ADDRESS j _ w $• At 5Q90e) to . l i s� s LL IF 00" �76 el A-lfll�t 13 e'.- �� g Oat, 63 011we Z:e�� lr7ol 4a. - t 5 70 3 ,jam •� - :. _ _ , � I A I j 1 f •a I y 1 Z pQ� aDO� � OEM N�' r September 19, 1978 City Council of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: Please be advised that Condor Corporation takes the following position with regard to the proposed assessments for utilities and West 74th Street: 1) With regard to the storm sewer: We are willing to pay our fair share for this service. 2) With regard to the construction of West 74th Street: We object to any assessment for this improvement as it is primarily for the benefit of Mr. Helle so that he may develop his land. Fur- ther, we neither require nor desire access to this street and, therefore, consider it of no benefit to ourselves. Further, we already have had a portion of our land confiscated without compen- sation for this street which is entirely to Mr. Helle's benefit and we most heartily object to any further expenses or inconveniences in this matter. 3) With regard to water and sewer: We object to any assessment for these items as our property is serviced entirely by the utilities in Washington Avenue South and we have already been assessed for same. Very truly yours , CONDOR CORPORATION James R! iley ,-Prudent JRR:jmb I 7414 w ashindten avenur.eden prairie.minnrae1a.Sf344.944.14&& area 612 I. We support the Council motion and feel it is the best for long range planning given the circumstances of the area: 1 . Because of not knowing the impact of traffic until the area is completed with homes 2. Suggestions to alleviate some concerns of Luther Way would be a) Diagonal Road, b Access to shopping center by the Church property. 3. If traffic is a problem in the area, devices such as stop signs, one way streets, Mo Left Turns, No Left Turn 4 - 6, etc. can be -installed. II. After a three hour meeting on September 12, 1978 with four residents of Luther Way, the following was proposed by those four residents: 1 . When access is provided to Heritage to the north 5y the Lake Trail Road, then the following will happen: a) Heritage Road will be a cul de sac, b) Petition for semaphore at Lake Trail Road at Highway 5, c) Access between Lake Trail Estates and Luther Way will be closed. III. In reference to Item II above, the following is noted: 1 . The proposal-'is what we have objeeteiLto all along (different version) a) end uO with two accesses. b) one access into a more congested,,Area. 2. Not what City has recommended all along. 3. The Council motion has four accesses, and Luther Way has two. 4. In view of the given circumstances, residents cannot justify a semaphore on Highway 5. 5. The amount of traffic that Luther Flay will have is unknown. { 6. Council indicated no street improvements on Luther Way sewer and water. 7. Luther Way suggestion will not lessen the traffic on County Road 4 because of access to the north, thence east to County Road 4 a) Petition by residents to the east is not justified, b) drive by less homes using Luther Way. 8. Semaphore located at proposed street in plat at Highway 5 will empty into congested area ar) filtration onto Heritage from Highway 5 to go north or northeast. L, :♦ ... �+1-�- -•WSJ^ -.-YJ y �TY�•�Im�}L •... r'1il"i�I'iv J�f It T S � '� � • r�� �," 9 .�.� .',: a �� ��,-�_ � ��i � �g• t� �'� f � ��Id i '\ jo Gn 17- c ;,, •? .n 2 2! S' Z o 1p a � .. e oILI L �Z - E ' l b O�A�OiIRi� w• sp LU �. 4 Sul jams�,,► � s� •r►d'j�o�e DUN OF ad Ban Him \' !MM Inv Mrs �� Ir pt����