City Council - 07/17/1979 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 17, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Sidney
Pauly, Paul Redpath and Dave Osterholt
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City Engineer
Carl Jul 1 i e ; and Joyce Prr-vo , Recording
Secretary
INVOCATION: Reverend William Bonner, Eden Prairie. Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item II . B. Special City Council meeting held Tuesday, July 10, 1979, was moved
to item VIII. B. 1
The following items were moved to the Consent Calendar: VI. C. Request for
approval of Cooperative Power Association developer's agreement; VII . C. 2nd
Reading of Ordinance No. 79-21 rezoning 10 acres from Rural to Public for
Eden Prairie Assemblies of God Church anddeveloper's agreement; VIII . F. I .
Reaffirmation and Assumption Agreement for Circle Rubber; VIII . F. 2. Request to
set a Public Hearing for Municipal Industrial Development Bond approval for
Cooperative Power Association for August 21 , 1979;. and VIII . F. 3. Request to
set a Public Hearing for Municipal Industrial Development Bond approval for
Ryan Construction Company for August 21 , 1 779.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and
published. Motion carried unanimously.
II. MINUTES
A. City Council meeting held Tuesday, June 19, 1979
MOTION: Redpath moved, seconded by Edstrom, to approve the 6inut;es of the
City Council meeting held Tuesday, June 19, 1979, as published,. Motion carried
unanimously.
B. Special City Council meeting held Tuesday, July 10, 1979
This item was moved under the City Manager's report (VIII , B, 1 )
III , CONSENT r:ALE,lDAk
A. Request to set a Public Hearing for Sunset Crest for August 7i 1979
B. Request to set a Public Hearing for Shea rezoning for August 7. 1979
C. Request to set a Public Hearing for Opus II Office Center PUD for August ?, 1979
Council Minutes - 2 - Tues. ,July 17, 1979
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D. Request to set a Public Hearing for Independent Millwork Properties rezoning
and revised PUD for August 7, 1979
E. Approve specifications and order bids for seal coating
F. Request for approval of Cooperative Power Association developer's agreement
fonnerly item VI . C.
G. 2nd Reading of Ordinance No. 79-21 , rezoning 10 acres from Rural to Public
for Eden Prairie Assemblies of God Church and develo er's agreement
formerly item V11 . C. '
H. Reaffirmation and Assumption Agreement for Circle Rubber (formerly item
I. Request to set a Public Hearing for Municipal Industrial Develo ment Bond
approval for Cooperative Power Association for august 21 , 1979 (formerly
item VIII . F. 2. )
J. _Request to set a Public Hearing for Municipal Industrial Development_
[SOnQ approvdi TUC' ti afI i,Ui1S L('idG t.I or, li V! rtiiiaii-)tr c.1 , 1 .7i 7 ct I y
item VIII. F.
MOTION; Osterholt moved, seconded by Redpath, to approve items A - J
on the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
. A. Bluff' s West 3rd & 4th by Hustad Development Corporation. Request for PUD concept
approval , rezoning from Rural to R1-13. 5, RM 6. 5 and RM 2.5, preliminary plat
approval for approximately 640 units on 168. 5 acres , and approval of EAW, finding
no significant impact. Located north of Bluff's West 2nd and east of Homeward
Hills Road (Resolution No. 79-94 - PUD, Ordinance No. 79-14 - rezoning,
Resolution No. 79-96 - preliminary plat) Continued from May 15, 1979
City Manager Ulstad explained this Public Hearing was continued from the
May 15th Council meeting and staff has been working with the proponents
and have not come up with a proposal for them to go back to the Planning
Commission for consideration. Therefore, Ulstad requested the Council continue
this Public Hearing to the August 21st Council meeting.
MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing
for Bluff' s West 3rd and 4th by Hustad Development Corporation to the August 21 ,
1979 Council meeting. Motion carried unanimously.
B. Guide Plan Public Hearing (continued from June 12, 1979)
City Manager Roger Ulstad referred to the updated draft of the preliminary
Guide Plan which has been distributed to each Council member, Ulstad suacaested
the Council consider this Guide Plan and if an agreement can be made on the
changes, it can be forwarded to the Metropolitan Council , The Metropolitan
Council would review the Guide Plan in its preliminary form and, in turn,
it would come back to the City Council for final approval , At that time the
Council would also entertain some changes in the Cty's ordinances,
City Planner Enger spoke to the preliminary Guide Plan in generai and Lu the
suggested changes forwarded on to him prior to this evening 's meeting by Council
members. Additional changes were made by Council members along with suggested
language by City Attorney Pauly to be incorporated into the Guide Plan
before it is forwarded on to the Metropolitan Council for review.
Council Minutes - 3 - Tues. ,July 17, 1979
B. Guide Plan Public Hearin (conti.nued)
Frank Smetana, Sr. , Smetana Lane, requested that the Guide Plan be made up in a
sunriarized form so people would not have to go through 400 pages to find out
what it is all about. Penzel replied there will be visual aids readily
available at City Hall once the document is finalized.
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MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing
and give preliminary approval to the Guide Plan and forward it to the
adjoining and otherwise affected governmental agencies .and the Metropolitan
Council for review. Motion carried unanimously.
C. Request for Municipal Industrial Development Bond approval in the amount of
1 ,350,000. 00 for Donald Russ Resolution No. 79-72 Continued from July 3, 1979
City Manager Ulstad explained this is a continued Public Hearing from the July
3rd COUncil meeting.
Marvin Ingber, bond counsel , summarized the application which is for a proposed
office building to be located at the intersection of Flying Cloud Drive and
. Washington Avenue. it will be a multi-tenant building to be owned by Donald C.
Russ and leased to a number of tenants in the decorating business, who are
listed on the application. The project itself is for revenue bond funding in the
amount of $1 ,350,000. 00 to be placed in the form of a mortgage transaction
with an institutional lender.
Ingber referred to letter from Mr. Russ dated July 3 whereby it was indicated
one of the tenants, Designer' s Gallery, was to have a financial interest in the
project itself. The interest at that point in time was for a leasing fee. The
owner, Mr. Russ, has entered into an agreement with Mr. Richard Anderson to
provide for a leasing fee to pay for the tenants to occupy the project. Mr.
Anderson, in turn, has an agreement with Mr. McCorkell of Designer' s Gallery
to pay him a fee if Mr. McCorkell provides the leasing tenants for the
project. There was no written instrument indicating that Mr, McCorkell would
receive an equity interest in the project in lieu of receiving cash for having
provided tenants for the project. Thus, Mr, McCorkell 's only interest in the
project would be leasing fee earned for services rendered in the providing
of tenants for the building.
Edstrom questioned if the commitments for leases were oral or written commitments?
Anderson replied they have written commitments for approximately 90% of the
space. Mr. McCorkell , Designers Gallery, also commented his company represents
80% of the names and they are commitments and since the list was made out there
have been additional interested parties.
Mr. Russ explained he has four sons and they are working with him in the real
estate business. Russ indicated they are planning on building 2 more buildings
and he doesn' t know which of the buildings they will be located in.
Edstrom pointed out that Mr. Russ is not on the tenant list for building 1 ,
which is being dealt with this evening. Mr. Russ replied if it is a require-
ment they would be a tenant. The reason they are staying out of the first
building is that there are so many people that want to get in it that they are
not sure space will be available for them. Russ commented it is possible he
will end up with space in each of the buildings in lieu of the several types
of operations they have.
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Council Minutes - 4 - Tues. ,July 17, 1979
C. Request for MIDB' s for Donald Russ (continued)
Edstrom asked for a clarification on who would be the long term owner of the
building. Mr. Russ replied he would be and intends to be for a long time.
Osterholt questioned if the tenants leasing rates would be reflected by the
fact there are revenue bonds financing this project. Mr. Anderson replied
they definitely would be as the rental rates are $6.00 per square foot, and
the prevailing rental rate in the market is somewhere around $9.00 to $9.50
per square foot.
MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing and
adopt Resolution No. 79-72, approving the request for Municipal Industrial
Development Bonds in the amount of $1 ,350,000.00 for Donald Russ. Redpath ,
Pauly and Edstrom voted "aye" _ Osterholt and Penzel voted "nay" . Motion
carried.
D. Suburban National Sank, request to rezone 4. 4 acres from Rural to Office for a
bank and office facility. Site is located at present drive-up facility, 11401
West 78th Street ,Ordinance No. 79-24)
Ms. Michelle Foster, Governmental Affairs Coordinator with the Rauenhorst
Corporation representing Suburban National Sank, displayed graphics showing
the site plan and the proposed development. Ms. Foster explained the only
particular request they made of the Planning Commission was that they not be
required to construct all of the parking that would be necessary to meet the
City ordinance at this time. If the additional parking is needed later, then
they .,iill be happy to deal with that problem if it should arise. Essentially
the proponents are supportive of the decision of the Planning Commission and
have no problems with any of the provisions that the Planning Commission has
placed on the rezoning, the site or building plan approval . The proponents
are asking for rezoning of the entire site and approval of the site
and building plans as proposed at this time.
Redpath asked to be excused from taking part in this proposal as he has a
minute interest in the Suburban National Bank.
City Planner Enger explained this item was considered at the June llth Planning
Commission meeting and a motion recommending approval of the rezoning
contingent on the site plan as shown was approved on a 6 - 1 vote, subject to
the recommendations of the Staff Report. There were a couple of recommendations
in the Staff Report that were deleted and additions made as indicated
in the Planning Commission minutes which Enger outlined in detail .
Osterholt referred to the Staff Report where it was originally recommended
that only a 2.4 acre site be rezoned and the balance of the site not be
rezoned. The recominendation was to delete that, and Osterholt asked Enger if
he agreed with that recommendation. Enger replied he thinks the City has better
control technically and legally over the site if the balance is not rezoned
at this time. However, an office zoning is completely consistent with the
Guide Plan and Major Center Area Report and the staff is not uncomfortable
with the rezoning of the entire site if the commissions have a chance to
review it prior to building permit issuance.
Enger further explained the proponents do have an area on the site where they can
provide the additional parking. In addition the City' s ordinance doesn't
speak specifically to drive-up bank facilities and they do meet the 5 spaces
per thousand as far as office space is concerned. Ulstad commented the
proponents do have the area to provide the parking, but are requesting not to
surface the entire area at this time.
Council Minutes - 5 - Tues. ,July 17, 1979
D. Suburban National Bank (continued)
Councilwoman Pauly asked who makes the decision as to when the extra parking
spaces are needed.
Ms. Foster stated it is her understanding that the City would tell the bank
if there is a parking problem and they will put in the spaces.
MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing K
and Rive a 1st Reading to Ordinance No. 79-24, rezoning 4.4 acres from 5
Rural to Office for a bank and office facility for Suburban National Bank..
Osterholt, Edstrom, Pauly and Penzel voted "aye" ; Redpath was excused from
voting. Motion carried.
k
MOTION: Pauly moved, seconded by Osterholt, to direct staff to draft a
developer' s agreement including the Findings and Conclusions in the Staff
Report dated June 7, 1979, deleting item 1 , defining item 3 to include
"City reviewal of the necessity for the extra 11 lots and that the City
would have the power to require the extra parking spaces" , and adding
"V I Vy %%.Mail,.l f 'rev Iew, Lo t tell, 1 1 na4iy, v>Ucrw i t, EV,trV..1l ul- ,a^n`ol
voted "aye" ; Redpath was excused from voting. Motion carried.
E. Schoenfelder PUD, request by G. P. Schoenfelder for Planned Unit Development
concept approval for 46.3 acres zoned Regional-Commercial and Rural for uses
of Commercial , Office and mu tiple residential purposes Resolution No. 79-129)
Rick Sathre, McCombs-Knutson Architects, representing the proponents , explained
they requested to appear before the Council to explain the proposal made to the
City for the Council ' s benefit , recognizing the fact that the Planning
Commission has voted to recommend denial of the PUD concept plan. On behalf
of the proponents Mr. Sathre stated he wished to explain what their purpose
is and to ask that the Council do one of several things : 2) concur and approve
the concept plan or 2) give the proponents and the Planning Commission guidance
and send it back to the Commission. Sathre spoke to the proposal for Council 's
consideration.
i
City Planner Enger commented the Planning Commission first considered this item
at their May 14th meeting and the Planning Commission at that time was somewhat
unclear as to what the actual request was for. There weren't individual land
use areas identifiable at that point, but rather the sites were split up and
there was a list of different uses ranging from industrial to office to various
types of highway commercial and regional commercial that were proposed to be
on any one of the sites. The Planning Commission felt this was somewhat ill-
defined and suggested that the developer go back and define an actual land
use request for PUD. The proposal was subsequently considered at the June llth
Planning Commission meeting and at that time the Commission recommended to the
City Council denial of the PUD concept as presented on a 6 "no" , 1 "abstention"
vote because they felt that the grading information was unclear, that the Guide
Plan update illustrated clustered high density residential use of the site and
there was no commitment for use of this site as residential in the plan
illustrated, there were unanswered questions as to the amount of cutting of
hills, filling of flood plain and the amount of trees that would be removed,
and there was general lack of traffic information and uncertainty as to their
r road system and how the road system would be implemented and how it would carry
the capacity of the traffic.
Paul Enblom, 10610 Valley View Road, trustee for the Peterson property which is
enclosed on 3 sides by the proposal , stated they do not object to the general
idea of developing the land and feet that more sensitivity given to the land
Council Minutes - 6 - Tues. ,July 17, 1979
Sch enfelde PUU continued
would reduce their objections. Enblom spoke to three primary concerns
which they have: 1) removal of the hilltops and hoped there would be more
imaginative or creative ways to use the hills; 2) substantial part of the
site is flood plain and they would strongly object to filling the flood plain
or impinging on the creek itself, and 3) that delicate handling of the oak
woods on the site be required.
Penzel asked Mr. Enblom if he would be willing to work with the proponents
to make the proposal a more acceptable one. Mr. Enblom replied in the
affirmative.
Gary K.ostecka; 10805 Valley View Road, expressed two main concerns : 1) the
excess traffic that will be put on Valley View Road, and 2) doesn't believe
any of the corporations or co.itractors should be able to fill any of the flood 4;
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plain.
Frank Smetana, Sr. , Smetana Lane, asked how Mr. Schoenfelder got the land
as he owned the land and never signed it over to Mr.Schoenfelder. Council
requested that the proponent furnish information as to the time and parties fi
+ . the
l .! Lase hies thil s proposal i c` F�ofnrn +ha r/ntinri l Again.
tnV(i1VeC1 i(i Ltie IQ116t �.JI,tI I.tIQJC rIt1C�t l.�t �J �tvrvou . J ..... .....
Mr. Sathre commented they are not requesting that the land be graded prior to
a user being sought and review by the Planning Commission and City Council
of those plans.
MOTION: Redpath moved, seconded by Osterholt, to continue the Public Hearing '
�{ for the Schoenfelder PUD to the September 18, 1979 Council meeting,and
refer the proposal back to staff and the proponent for modification and
recommendations. Further that the Public Hearing process be held before
Planning Commission and that staff be instructed that the Public Hearings
before the Planning Commission and Council be published and that notices
be mailed out once again. Motion carried unanimously.
F. Request for Municipal Industrial Development Bond approval for Lloyd Miller
Energy Controls in the amount of 1,150,000. 00 Resolution No. 79-107
Marvin Ingber, bond counsel , summarized the application as presented to the
City and answered questions of Council members.
Phillip H. Semmer, Box 163 , Shakopee, spoke against the use of Municipal
Industrial Development Bonds for venture capital coming into a community.
Edstrom suggested Mr. Semmer direct his criticism to the State Legislature
and U. S. Congress as those are the entities that are determining the policies
for Municipal Industrial Development Bonds.
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing
and adopt Resolution No. 79-107, granting approval for Municipal Industrial
Development Bonds in the amount of $1 ,150,000.00 for Lloyd Miller/Energy Controls.
Motion carried unanimously.
G. Request for Municipal Industrial Development Bond approval for Parker-Hannifin.
in the amount of $2,000,000. 00 (Resolution No. 79- 32T--
Mr. Richard Anderson summarized the application as presented to the City
and answered questions of Council members .
Council Minutes - 7 - Tues. ,July 17, 1979
G. Request for MIDB' s for Parker-Hannifin (continued)
Penzel asked how many people would Parker-Hannifin employ? Mr. Anderson
replied Parker-Hannifin would employ 65 people,
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing
and adopt Resolution 79-132, granting approval for Municipal Industrial
Development Bonds in the amount of $2,000,000,,00 for Parker-tlannifi.n,
Motion carried unanimously.
H. Request for Municipal Industrial Development Bond a . roval for Robert Murray
in the amount of 1 ,150,000,00 (Resolution No.. 79-r-133
Mr. Robert Murray spoke to his request stating he recently sold his business
and several of his real estate holdings in the state and out of state, and it is
his intention to spend fulltime erecting several buildings and seeing that
they are leased and properly maintained. Murray commented he has already
erected two buildings in Eden Prairie, one which he is leasing to the former
company he owned (Detroit Diesel ) . It. is his intention now to put up an
actdi+in►,al hiii1dinn nimttina revenue bonds for the Durpose of reducing the I
cost of rental rates to attract triple "A" tenants into the City of Eden
Prairie.
Marvin Ingber, bond counsel , summarized the application as presented to the
City.
Osterholt stated he intends to vote against this request as it will be placed
on a private mortgage.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 79-133, granting approval for Municipal Industrial
Development Bonds in the amount of $1 ,150,000.00 for Robert Murray. Redpath
and Edstrom voted "aye" ; Osterholt, Pauly and Penzel voted"nay" . Motion
failed.
V. REPORTS OF ADVISORY COMMISSIONS
No reports. '
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for transmission line and substation development in Eden Prairie through
the early 1990's continued from July 3, 1979)
Mike Sullivan, Environmental Quality Board, outlined to the Council the routing
and siting process for locating a substation in Eden Prairie. Sullivan
distributed material , i . e. , Power Plant Siting and Power Line Routine in
Minnesota, The Power Plant Sitip Act of 1973, as amended 1977, and Minnesota
Code of/ency_Rules - Environmental ua tl Board - Routing High Volta e
Transmission Lines and Siting Large Electric Power Generating Plants. All
documents listed are on file at the Eden Prairie City Hall) .
Penzel questioned if the City were to encourage NSP' s request for an exemption,
would the EQB be able to assist the City from a technical standpoint in the i
review process.
Sullivan replied NSP as part of applying to the EQB for the exemption is
required to put a mini -application together, That information would come to the
Council Minutes - 8 - Tues. ,July 17, 1979
A. Request for transmission line and substation development in Eden Prairie
through the early 1990' s continued
EQB staff and would be reviewed as to its completeness. The EQB staff can and
does raise questions that they request the uti 1 i,ty answer, and Sullivan made a
commitment they would be more than happy to work with the City on any questions
the City may have.
Penzel questioned the justification for the request by NSP for a substation
and if it is borne out by the facts. Sullivan stated they have on their staff
electrical engineers who can look into that and can work with their sister
agency, the Minnesota Energy Agency, in that regard.
Penzel stated the question which would be th� most desirable process to
proceed with as far as the City is concerned. Should we go through the EQB
normal process , or do we feel more comfortable with the exemption process
which would leave the greater degree of control with the City?
Sullivan noted with an exemption application there are two key regulatory
control points in that process : 1) the EQB can attach as a part of its
acr_eptance and approval of an exemption application such conditions as it deems
necessary, and 2) once the Board has, in effect, granted an exemption the .
utility is then subject to whatever the local ordinances are in the community
where they would like to locate a facility. NSP would then be subject to any
permit requirements, zoning ordinances, rules, etc. , that the City may have.
Donald Chmiel , Staff Assistant, Environmental & Regulatory Activities Depart-
ment of NSP, explained previously they indicated there could possibly be some
additional 115 KV lines through the City. The existing 115 KV line they have
now would be upgraded from a 180 MVA capacity to 400 MVA capacity, which
consists of double circuit lines. Those two double circuit lines
would then go from this proposed substation to Westgate in the City of Eden
Prairie, and then to the Edina substation. The location under consideration
NSP feels to be one of the most feasible with the least amount of intrusion,
but yet providing the City with the capacity that is going to be required.
Larry Hartman, EQB, Project Manager, outlined the exemption process as detailed
on page 16 of the Minnesota Code of Agency Rules and in the Statutes on page
11 of the Power Plant Siting Act of 1973 (both documents on file at City Hall ) .
Redpath asked if we have a 500 yard line and the City owns the property it is
running over, can the adjoining property owners object. Hartman replied
in the negative, and that it is only those that own the property who can object
as opposed to the adjacent land owners.
Redpath questioned if NSP had options on the land the property is going to run
over. Chmiel replied they have options on the land, but may be required to
get easements from one of the other property owners.
Osterholt asked if the City were to go to outside authorities for expertise,
to what extent would NSP contribute to costs?
Frank Flourde, NSP, stated they have not brought that proposal to their
management as to whether or not they would be willing to support an outside
consultant to make an evaluation, and would have to do so before committing
to any dollar amount.
Mr. Wi etecki , NSP,further explained NSP would probably contribute more"than
$1 ,000 or less than $100,000,depending on what kind of studies the City would
like done. Mr. Wietecki stated he would have to review exactly what the City has
in mind, ;
Council Minutes - 9 - Tues. ,July 17, 1979
A. Request for transmission line and substation development in Eden Prairie k
through the early 1990' s continued
l Penzel stated the City needs some assistance in technical expertise which
\ would give the City the assurance from an unbiased standpoint that NSP
projections for need, etc.) would be realistic and would justify the
proposal that is being made.
Sullivan asked if it is possible for the utility company to lay the project out
in such a way that everybody can ask the questions before the process begins.
Mr. Wietecki replied they would be happy to prepare a draft application laying
out need, location and alternatives to serve the load and formally submit
a copy to the EQB, Minnesota Energy Agency and the City Council and would
be willing, to meet in about two months with the City Council to discuss what
questions still remain, what questions the City 'has , what answers NSP can
provide, what answers the state and various agencies can provide, and what
questions the City may have where answers are not available.
No action necessary.
B. Discussion on liabi-lity for temporary signalization and channelization_ at
Co. Rd. 1/T.H. 169 and T.H. 169/Vo-Tech
Penzel stated the City Council has discussed this issue with the State Highway
Department and the County Highway Department for a number of years, and for
various reasons the original promise that improvements would be made by 1978 and
then by 1979 have not come true. The City Council is working to resolve this
♦ issue and has been discussing within the last months, specifically with the
4. County F'ighway Department and Mn/DOT District 5, the possibilities for making
some temporary improvements along Highway #169 as indicated.
Bill Crawford, Mn/DOT District 5, explained since their last appearance tivo
weeks ago before the City Council they have had speed checks taken to see if a
reduction in speed would help. The checks show substantially the same average
speed of the drivers on this particular stretch as in 1978 when the last checks
were taken.. Crawford feels the speed limit that is zoned (50MPH) is realistic -
85% drive 45 to 50 MPH and this is what they based their zoning on as a rule.
They have looked at the possibility of temporary signals and they will work;
however, Crawford is not comfortable with allowing temporary signals in without
the proper turn bays , . as they must protect the left turner and the right turner.
To put these signals in at the roadway cross section as it is today would
undoubtedly increase accidents. Crawford commented at County Road l/T.H. 169
the accident history is much more severe than at the T.H. 169/Vo-Tech entrance.
The Vo-Tech is undoubtedly a problem and an inconvenience, but of 82 intersections
in this district the Vo-Tech intersection does not show up on their priority
list. Its accident history is not that of 82 other intersections. If Mr.
Crawford were to spend state funds for a signal at the Vo-Tech he would have
to answer for 82 other places that have worse situations.
Penzel commented the Council has discussed the possibility of the City installing
temporary signals at County Road 1 and Highway #169 at the City's expense
and he would like to know if that can be done and how quickly with the cooperation
of Mn/DOT. Second, has there been discussion by Mr. Crawford ' s office and
4 the Vo-Tech administration regarding the commitment by the Vo-Tech to
participate in the cost of temporary signals at the northern entrance of the
campus.
Council Minutes - 10 - Tues„July 17, 1979
B. Discussion on liability for tempora ,y si nal i zation and channel i zati on at
Ca. Rd. 1'/T.H.169 and T.H. 169/Vo-Tech continued
Crawford stated he is unaware of the discussion with the school ; however, his
traffic engineer did furnish him with a proposal that was submitted by somebody :
at the Vo-Tech school . Mr. Crawford' s traffic engineer felt it was a good idea
and will work. A capacity analysis was run and found with some minor '
modifications it would work.
Penzel asked, assuming the Vo-Tech administration and board were willing to
pick up the tab for the northern signalization, and the City were to pick up
County Road 1 ,, how quickly al l owing those two agencies to do the necessary
bidding and contracting could we have Mn/DOT's approval and cooperation to do
its s
Crawford explained he is the one that signs the permits and if the proper
roadway geometries are submitted to him he can sign the permit tomorrow morning.
City Manager Ulstad commented as he listens to Mr. Crawford talking about the
access to the Vo-Tech school , there are some improvements to the highway itself. :r `
Ul stad asked if the City would be responsible for those improvements to the
highway proper itself in addition to the construction of the temporary signals.
If we would limit the construction time to just the temporary signats, he would
guess they could be completed in 90 days. If we are talking of physical
improvements to the highway perse, this is going to require additional
specifications for street improvements and alignments necessary for that
intersection.
Crawford stated he is prepared to offer their forces to do the signal design.
9 9
They do not have the forces to do the roadway design, neither do they have
the forces to erect the signals nor do the roadway work.
Penzel questioned what kind of time frame would the engineering require for
the design of a center median. Jullie responded it would probably take four
weeks to get a plan put together, assuming the state would do the signal design
and give the City some of the basic design perimeter for the turning lane bays,
etc.
I;
Penzel asked if the state would on an experimental basis reduce the speed from
50 MPH to 45 MPH. Crawford replied if the City could commit to the enforcement
he would agree to experimenting with a reduced speed. The State would loan the
signal heads and controllers free of charge to the City.
Osterholt asked if there was room on the present asphalt on County Road 1 and
Highway 169 to at least stripe the turn lanes. Crawford replied he was not
sure but would check into it. Crawford further stated he would recommend not
striping but putting in temporary raised medians.
Pauly asked if going ahead with the temporary signals in any way would affect
the time table for the permanent repair. Crawford replied it would not affect
the timetable for the permanent improvement.
Penzel questioned what the Vo-Tech would contribute toward the signals.
Tom Tonkin, Vo-Tech School , stated their school board will be meeting Thursday
evening at which time they will be bringing a proposal to pay for certain
expenditures for this project, one of them being in the installation of the
lights.
Council Minutes - 11 - Tues. ,July 17 , 1979
B. Discussion on liability for temporary s ignal i zati on and channel i zation at
Co. Rd. 1/T. H. 169 and T.N. 169/Vo-Tech
Penzel asked what the cost would be for signals and a raised median. City
Engineer Jullie responded we are talking in the terms of $20,000 - $30,000 for
the total project; $10,000 - $15,000 for the signal and an additional $15,000
for the raised median and any overlays that may have to be done.
Jerry Boogaard, Student Association at Vo-Tech, thanked the Council for the
expediency shown to this problem. Boogaard commented one of the other parts of the
project he was interested in were the three proposals for covering the center
line: 1) a curb, 2) concrete median to keep the traffic apart, and 3) barrels
filled with sand. If any are more feasible than extra construction costs
which will be torn up again in 1 1/2 years , Boogaard stated he would rather see
them addressed than an asphalt curb.
Bill Mamel , director of the south campus for Vo-Tech, stated he is very pleased
with the action that has been considered this evening. Feels the students have
acted honorably in a courteous fashion in a very difficult situation. Hopes
..� ... . . .w .v w � ia �:rcinaitCii t cuiiS l,Tl:'U L 1 Uil 1 fl f 9(� i atld that the temporary
signals wi II be in as soon as possible.
Mr. & Mrs. Simchuck, 9145 Flying Cloud Drive, spoke in opposition to the place-
ment of the temporary signals where Proposed as it will make it almost impossible
for them and their neighbors to go north or south on Highway #169.
Penzel suggested Mr. Crawford look at this situation when preparing the
necessary design specifications, and take this concern into consideration.
Phillip Semmer, Box 163, Shakopee, read from a letter direct to Governor
Quie regarding the dangerous traffic situation on Highway #169 (attached
as part of minutes).
Mr. Carson, father of the young man that was involved in the recent accident +
while trying to enter the Vo-Tech Center, thanked the Council and Mr. Crawford
along with the Hennepin Technical. School and Mr. Tonkin for their concern.
Carson stated he will do everything he can to prevent another accident like
what happened to his son on Highway #169. i
MOTION: Edstrom moved, seconded by Redpath, to instruct staff to proceed
with the design, if necessary through the hiring of a consultant, in cooperation i
with Mr. Crawford's office of Mn/ROT District 5, and that they would return to #
the Council with specifications for these improvements at the earliest possible
opportunity and then proceed with the installation of temporary signals with
all due haste. Roll Call Vote: Edstrom, Redpath, Osterholt, Pauly and Penzel
voted "aye" . Motion carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-142,
requesting the Mn/DOT to lower the speed limit on U.S. 169 north of County Road
1 to 40 MPH. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, that it is the City's intent
to deed to the State of Minnesota the necessary right-of-way for the
improvement of Highway #169. Motion carried unanimously.
Council Minutes - 12 - Tues. ,July 17, 1979
C. Request for approval of Coo eerrative Power Association developer's
a reement
This item was moved to the Consent Calendar (V. F. )
VII . ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 79-15 and/or adoption of Resolution No. 79-135,
w;tablishing a Code of Ethics for Officials of the City of Eden Prairie
continued from July 3, 1979
City Attorney Pauly spoke to his memo dated July 12, 1979 regarding the revised fl'
ordinance and resolution.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-135,
relating to disclosure of certain information by public officials. Roll
Call Vote: Redpath, Osterholt, Edstrom, Pauly and Penzel voted "aye" . Motion
carried unanimously.
Osterholt stated he objects to the ordinance on the grounds he feels i.t i!�
unconstitutional and the resolution discloses all of the information on a
voluntary basis without the penalty.
Fred Baumann, 8345 Tamarack Trail , spoke in favor of the ordinance as it is the
right of the people to know what and who their public officials are.
MOTION: Pauly moved, seconded by Penzel , to give a 1st Reading to Ordinance
No. 79-15 , establishing a Code of Ethics for Public Officials of the City of
Eden Prairie and to include reference in the ordinance to Resolbtiori No.
,., 79-135. Roll Call Vote: Pauly, Penzel and Edstrom voted "aye" , Osterholt
and Redpath voted "nay" . Motion carried.
MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the
11 :30 PM scheduled adjournment time to 12 :30 AM. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 79-01 , rezoning 10 acres from Rural to C-
Commercial located in the southwest quadrant of Anderson Lakes Parkway and
County Road 18 for Super Valu Shopping Center, and developer's agreement
General discussion took place regarding the flipping of the shopping center.
Penzel referred to a letter from Mr. Ryan dated July 10, 1979, whereby it was
outlined this would not be feasible for the proponent. Mr. Benshoo, BRWr and
Mr. Ryan also appeared in person before the Council stating the reasons why
changing the location of Super Valu would be prohibitive, (Letter attached
as part of minutes) .
Penzel pointed out on the agenda this evening is a request for MIDB's for this
center and he has a real concern about financing a building on speculation
unless there are people actually committed to the structure. Mr, Ryan replied
they have ironclad leases; however, initially when the project was first
considered they didn't envision the need for MIDB' s.. However since they went
into a delay they are up 1 1/2 to 2 points in interest and 10 to 15% in
construction costs. Another factor that came into play is they were asked to
( help support a traffic problem at the intersection,
Osterholt questioned if the City were not to approve the revenue bonds would
the proponents still go through with the project. Mr. Ryan replied without
the revenue bond financing he did not think they would go ahead with the
project.
Minutes - 13 - Tues. ,July 17, 1979
B. 2nd Reading of Ordinance No. 79-01 , Super Valu Shopping Center (continued)
Penzel acknowledged he, along with Mr. Osterholt, were contacted earlier today
by some of the residents in the adjoining subdivi--ion. The residents would
like to have a chance to look at the development agreement for potential
suggestions or recommendations to the City Council prior to the City's approval .
Y
Penzel requested that the proponents consider either flip-flopping the center
or restricting hours of operation for Super Valu.
MOTION: Osterholt moved, seconded by Pauly, to continue the 2nd Reading of
Ordinance No. 79-p1 and approval of the developer's agreement for Super Valu
Shopping Center to the August 7th Council meeting, allowing the residents
and their attorney an opportunity to review the developer's agreement. Motion
carried unanimously.
C. 2nd Reading of Ordinance No. 79-21 , rezoning 10 acres from Rural to Public
for Eden Prairie Assemblies of God Church and developer's agreement
This item was moved to the Consent Calendar (III . G. )
D. 2nd Reading of Ordinance No. 79-22, rezoning Lot 1 , Block 3, from I-2 Park
to Rural , Yorkshire Point
Mr. Leroy Peterson stated before the Council he mould like to keep the I-2
zoning on hi,s property until at least the first of the year, as by that time
he will either have to lose or develop the property,
MOTION: Redpath moved, seconded by Osterholt, to continue consideration of
the 2nd Reading of Ordinance No. 79-22 until the December . 41 1979 Council
meeting. Motion carried unanimously.
`1OTION: Pauly moved, seconded by Redpath, to continue the Council meeting until 1 :00 AM.
Motion carried unanimously.
VIII. REPORTS OF OFFICERS, BOARDS 8 COMMISSIONS
A. Reports of Council Members
1 . Councilman Redpath - Cable TV
Redpath brought the Council up-to-date on what has been happening
at the Southwest Suburban Cable Commission meetings , and the items
which will be considered at the next meeting on July 18th,
B. Report of City Manager
1. Special City Council meeting held Tuesday,_ July 10 1979 (formerly
item II. 3
City Manager lllstad requested Council 's ratification of action taken
on July 10th by mutual consent over the telephone.
/ MOTION: Osterholt moved, seconded by Edstrom, to ratify the action
( taken by the Council on July 10, 1979, authorizing the City to enter
into a cooperative agreement with the Mn/DOT regarding the signalization
and realignment of State Highway 5 and West 78th Street. Roll Call
Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye
Motion carried unanimously.
Council Minutes - 14 - Tues. ,July 17, 1979
C. Report of City Attorney
No report.
D. Report of Director of Community Services
1. Tree Program Report
Penzel referred to the Tree Program Report which the Council received.
2. Senior Citizens Transportation Program
Director of Community Services Lambert spoke to his memo whereby staff
is recommending a continuation of the Senior Citizens Transportation
Program for a one year period. The Parks, Recreation & Natural Resources
Commission also recommended the Council consider continuing this
program for another year.
MOTION: Edstrom moved, seconded by Osterholt, to continue the Senior
Citizens Transportation Program for 1 year. Motion carried unanimously.
3. Ai1kovich Appraisal
Director of Community Services Lambert spoke to his memo dated July 12,
1979,. requesting authorization to make an offer to the Milkovich's based
upon the appraised value of $92,500.
MOTION: Osterholt moved, seconded by Redpath, to make an offer to
Milkovich's for the property located at 9561 Timber Trail for $86,000.
Motion carried unanimously.
4. Hidden Ponds Park Sites Appraisals
Director of Community Services Lambert spoke to his memo dated July 13, 1979.
MOTION: Pauly moved, seconded by Osterholt, to ;direct staff to investigate
an option on the eastern most site. Motion carried unanimously.
5. Petition of Prairie East residents on pathway connection
Director of Community Services Lambert spoke to his memo dated July 12, 1979
recommending that the City now grade and seed outlots A and B.
MOTION: Edstrom moved, seconded by Osterholt, to direct staff to grade
and seed outlots A and R, the trail connection between Prairie East and
Prairie East 2nd Addition, as per staff recommendation in memo dated
July 12, 1979. Motion carried unanimously,
E. Report of City Engineer
1. Approval of revised preliminaU plans for traffic signals at Co. Rd. 18
and Anderson Lakes Parkway, I .C. 51-33 8 Resolution No. 79-134
MOTION: Osterholt moved, seconded by Pauly, to continue this item
to the August 7th Council meeting, Motion carried unanimously.
_..
Council Minutes - 15 - Tues. ,July 17, 1979
2. Change Order No. 1, I .C. 51-312, street improvements in Country Vista
Addition
140TION: Pauly moved, seconded by Redpath, to approve Change Order
No. 1 , T.C. 51-312, street improvements in Country Vista Addition.
Roll Call Vote: Pauly, Redpath, Edstrom, Osterholt and Penzel voted
"aye". Motion carried unanimously.
F. Report of Finance Director.
1. Reaffirmation and Assumption Agreement for Circle Rubber
This item was moved to the Consent Calendar ( III . H.) .
2. Request to set a Public Hearing for Municipal Industrial Development
Bond approval for Cooperative Power Association for August 21 , 1979
This item was moved to the Consent Calendar (III, I, )
3. Request to set a Public Hearina for Municipal Industrial Development
Bond approval for Ryan Construction Company for August-2—T,-11-979
This item was moved to the Consent Calendar ( III. J. )
4. Payment of Claims Nos. 4872 - 5041
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of
Claims Nos. 4872 - 5041 . Roll Call Vote: Osterholt, Redpath, Edstrom,
Pauly and Penzel voted "aye Motion carried unanimously.
IX. NEW BUSINESS !
f
No New Business.
X. ADJOURNMENT
MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1 :00 AM.
Motion carried unanimously.
�t
Box 163
Shakopee, Minnesota 55379
t
t July lit 1979
A
Govenor Al Quie
State of Minnesota
State Capitol
St. Pauly Minnesota
NY dear sir
Consider this letter a protest agai.nat the continuing abysmal Unarance
And total disregard for the safety of the citizens of Shakopee and Chaska �
area. I refer specifically, Sir, to the "Y* intersection of U. S. Hwy
169 at the point of merger with U. S. Hwy 212.
I became aware of the intolerable actuation May 1978 upon my purchase of
the Brookside Motel at that intersection. .nine 1978 sax we directing {
traffic prior to the appearance of the concerned authorities on three z
different occasions.
The realignment of the so called "Y" was set for a contract award in �
Y,=-ch of 1979. It was delayed for ninety days. To the best of any know.
a.
ledge it is now scheduled for a programod ng of 1980.
y
This morning at 6:45 1 observed 50 to 100 cars waiting for a break in
the flow of traffic on U. S. Hwy 3.69. Continuing compounded stupidity
coupled with a continuing lack of money on behalf of the state DOT
because of the lack of reimbursement on a federal level makes me sickd
I mist urge your, as the govenor of this states, to exsralim your
executive authority and move these people oft from dead center.
It is my intent to communicate with the editors of these surro trading
small towns to seek their aid to alleviate this continuing hazard to
their life.
After observing your regard for the welfare of the citizens of this
state as identified by your willingness to preserve the lax of this '
state, I: think it proper for you to order forthwith a uniformed state
highway patrol officer to control the traffic five days a week frost the
hours of 6:00 until 8:04.
I an your obedient servant*
Phillip H. Sommer
a
w .
rl
Do construction company
P y
QP MINNESiOTA lNCORfaC7RATEO
July 10, 1979
Mr. Roger Ul s tad
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55343
re: Super•Valu Center
Eden Prairie, Minnesota
Dear Roger;
I am enclosing two copies of the Developer's Agreement regarding the above
referenced project. We have thoroughly reviewed and considered the City's
request to flip the building, reversing the position of the supermarket with
the hardware, drug and variety. Our design engineers point out a serious
traffic problem being created with the supermarket parcel pickup positioned at
the point of ingress/egress from the proposed Anderson Lakes Parkway, and
therefore, from the standpoint of both safety and function, the plan needs to
remain as submitted.
Additionally, the question of restricting the center from possible future
24-hour operation is one that, from our position in financing, leasing and
ownership, could not be lived with, and therefore, has not been incorporated
into the agreement.
It is our understanding on item #7 that the $70,000 (representing the City's
share of improvement costs for turn signals and lane improvements will be assess-
able against the property and not due and payable as an up-front cost.
As we discussed, item #9 does not prevent customers from picking up their
shopping items from the parcel pickup during the hours between 10:00 P.M. and
6:30 A.M. , or prevent necessary standard maintenance such as snow removal
during those hours.
We will be meeting with the City on Tuesday night, July 17, 1979, hopefully
for final agreement. I appreciate your cooperation.
Very truly yours,
RY CONSTRUCTION COMPANY
Ames Ry
Vice President
JRR,/jw
Enc.
HOME OFFICE: RYAN BUILDING. HIBBING, MINNESOTA 557i46 -- TELEPHONE 218/263-6888
MINNEAPOLIS OFFICE: 7401 METRO BOULEVARD. EDINA, MINNESOTA 55435 -TELEPHONE 612/835.7990