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City Council - 08/07/1979 APPROVED MINUTES ' . EDEN PRAIRIE CITY COUNCIL r TUESDAY, AUGUST 7, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the agenda as follows : III. F. Set Public Hearing for Cardinal Creek, Phase 2, for September 4`. 1979; and VIII. A. 2. Request. from residents in the Hidden Ponds area regarding the moving of a home into that area without appropriate City approval . The following items were moved from the regular agenda to the Consent Calendar: VI. A. Request for approval of Alpine Estates 2nd Addition developer's agreement; VI. B. Request for approval of Preserve Center Addition Replat developer' s agreement; VII. D. 2nd Reading of Ordinance No. 79-242 rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement; VIII . A. 1 . Appointment to the Waste Disposal Advisory Commission Mayor Penze appointed Councilman Edstrom with the consent of Council members ; VIII . D. 1. Round Lake Park Development; VIII. E. 2. Consider bids for Shady Oak Road im rovements, I .C. 51 -3449 Resolution No. 79-143; VIII . E. 3. Consider bids for improvements in Hi 's Mitchell Heights 4th, I. C. 51-353 Resolution No. 79-144 ; and VIII. E. 9. Change Order No. 2, improvements in Lake Trail Estates, I. C. 51 -315A. MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 3, 1979 MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of the City Council meeting held Tuesday, July 3, 1979, as published. Edstrom , Osterholt, Pauly and Penzel voted "aye"; Redpath abstained. Motion carried. III. CONSENT CALENDAR A. Clerk's License List B. Plans and specifications for temporary traffic signals at T.H. 169 (Resolution Wo-:--77'9--147) C. Plans ans specifications for improvements in Chatham Woods I . C. 51-343 d Reso ution No. 79-148 City Council Minutes - 2 - Tues. ,August 7, 1979 D. Set Public Hearing for LeParc, J, C,, Kohl rusch, for 'September 4 1979 E. Set Public Hearing for Mitchell Heights townhouses for September 4, 1979 F. Set Public Hearing for Cardinal Creek, Phase 2, for September 4, 1979 G. Request for approval of Alpine Estates 2nd Addition developer's agreement (formerly item VI. A.) H. Request for approval of Preserve Center Addition Re tat developer's agreement formerly item VI . B. 5 I. 2nd Reading of Ordinance No. 79-24, rezoning 4. 4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement formerly item VI I . D. J. Appointment to the Waste Disposal mm' Pe zel appointed . Councilman Edstrom with the consent of Council members) - formerly item VIII. A. I K. Award bids for 2 emergency sirens (formerly item VIII. B.1 . ) L. Authorization to seek proposals for codification of ordinances formerly item VIII . C.1 . M. Round Lake Park Development (formerly item VIII. D. 1) N. Consider bids for Shady Oak Road improvements , I.C. 51-3448 (Resolution ` No. 79-M - formerly item VIII . D. 2 0.. Consider bids for improvements in Hi 's Mitchell Heights 4th, I. C. 51-353 (Resolution No. 79-144 - formerly item VIII. D. 3 P. Change Order No. 2, improvements in Lake Trail Estates, I.C. 51-315A formerly item VIII . D. 9 MOTION: Redpath moved, seconded by Pauly, to approve items A - P on the Consent Calendar. Roll Call Vote : Redpath, Pauly, Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Shea rezoning, request to rezone .8 acre from Rural to R1-13.5 for 1 existing house and 1 additional building lot. Located at 6991 West 192nd Avenue Ordinance No. 79-25 Alice Shea spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was considered at the July 9th Planning Commission meeting and the Commission recommended the Council consider approval , which included the stipulations in the July 2nd Staff Report. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-25, rezoning .8 acre from Rural to R1-13. 5 for 1 existing house and l additional building lot. Motion carried unanimously. City Council Minutes - 3 - Tues. ,August 7, 1979 B. Sunset Crest by Audrey Buss, request to rezone and preliminary plat 1 .35 acres from Rural to R1-13. 5 for l existing home and 2 additional lots. Located north of Lotus View Drive and west of Tartan Curve Ordinance No. 79-26 and Resolution No. 79-135) Planning Director Enger explained this item was considered at the July 9th l Planninq Commission meeting and the Commission recommended the Council consider approval of the rezoning and preliminary platting subject to the Staff Report dated July 3, 1979. � � Jayne Kuhar, legal counsel for the proponent, spoke to the proposal and answered questions of Council members. x} MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a lst Reading to Ordinance No. 79-26, rezoning 1 .36 acres from Rural to R1-13.5 for 1 existing home and 2 additional lots, Sunset Crest by Audrey Buss. Motion carried unanimously. ;AFL MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-136, approving the preliminary plat for Sunset Crest by Audrey Buss. Motion carried unanimously. C. Opus II , PUD Revision, request to amend the Opus II PUD 74-06 for the expansion of American Family Insurance Building . Located northwest quadrant of Co. Rd. 62 and CSAH 18 Resolution No. 79-137) Robert Worthington, Director - Planning & Governmental Affairs, Rauenhorst Corporation, spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was cons,jdered at the July 9th Planning Commission meetinq and the CQpgi,ssiQn recommended the Council consider approval on a 6 - 0 vote that the PUD amendment be approved as per the material dated June 18, 1979 and the Staff Report of July 5, 1979, with the modification that a strong recommendation that any further parking development on the site incorporate the use of a parking ramp to decrease parking coverage of this area. Enger also spoke to the action taken by the Parks, Recreation & Natural Resources Commission at their July 16th meeting, whereby the Commission voted 5 - 1 that the Council consider approval of the proposal . The Planning Commission recommended approval of the concept of expansion of the buildings but with the concern when zoning information came in that the parking area be shown considerably smaller in order to preserve as much of the tree area as possible. MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-137, amending the Opus II PUD 74-06 for the expansion of the American Family Insurance Building, stressing the recommendations by the Planning Staff and Planning Commission particularly reconunendation 8 in the Staff Report dated July 5, 1979. Pauly, Redpath, Edstrom and Penzel voted "aye" , Osterholt voted "nay". Motion carried. D. Independent Millwork by Darkenwald Real Estate, request for PUD Concept approval of 8.30 acres for commercial and rezoning from Rural to Commercial for one lot Located north of W. 78th Street, south of the Presbyterian Church and Leona Road residential area, and east of Eden Prairie Auto Body Shop. (Resolution No. 79-138 - PUD, and Ordinance No. 79-27 - rezoning) Gil Darkenwald, Darkenwald Real Estate, spoke to the proposal . Planning Director Enger outlined the past history of this PUD and explained this item was considered at the July 9th and July 23rd Planning Commission meet- ings. The Commission recommended approval of the rezoning and preliminary platting on a 5 - 0 vote, subject to the Staff Report dated July 5th and the other stipulations outlined in Motion 2 of the Planning Commission minutes dated .1,o1 1. 91 1070 City Council Minutes - 4 - Tues. ,August 7, 1979 D. Independent Millwork by Darkenwald Real Estate Ccontinued) Pat Fitzsimmons displayed drawings decicting__the racquetball club plan. John Wolcott, 9508 Garrison Way, questioned how the idea for 5 parking spaces per court was arrived at. Enger explained that is what he has been able to determine as an industrial standard in other communities. Wolcott felt this was an excessive amount of parking to be required. A MOTION: Redpath moved, seconded by Osterholt, to continue the Independent Millwork Public Hearing to September 18, 1979, to further explore the issues of: 1) uses of adjoining lots in greater certainty rather than the loose concepts which have been mentioned, 2) treatment and handling of storm drainage from an engineering standpoint and financial standpoint, 3) need for the extension of the road to the north and how it might interface with the properties to the north and also whether the presently platted location is the most appropriate one, 5} detailed landscaping plan, and 6) screening and treatment of the mechanical equipment which will be required on top of the building. Motion carried unanimously. E. Old Farn Audition, Dirlam Properties, request for PUD Concept approval of 14.8 acres for multiple residential uses and community commercial . rezoning from RM 2. 5 to RM 6.5 and preliminary plat the property into 19 lots for four- lexes and l for future community commercial Resolution No. 79-140 - PUD, Ordinance No. 79-28 - rezoning , and Resolution No. 79-141 - preliminary plat 19 lots and 1 community commercial) Don Peterson, Dirlam Properties, spoke to the proposal which is located i at the intersection of Chestnut. Street and Mitchell Road. The corner piece ILof ground is tied up in a life estate and the proponents are asking for PUD designation and no rezoning on the commercial corner with the idea that it could be brought back in as the market develops. The controversy at the Planning Commission has been over the commercial site. Mr. Peterson explained they proposed the commercial site because the Eden Prairie Comprehensive Guide Plan shows a neighborhood center somewhere in the general locality and felt because of the location near a lot of housing units it would be a good location for a neighborhood covenience center. However, Mr. Peterson emphasized they are pretty much open to what the Council determines they would like to see in the area. City Planner Enger explained this item was first considered at the June 25th Planning Commission and was recommended to the Council for approval on a 6 - 0 vote for rezoning of 18 four-plex lots from RM 2.5 to RM 6.5 as per the Staff Report of 6/22/79 and brochure of May 1979 with modifications as follows: j Lots 10 and 11 , Block 1 , be designated as an outlot with no recommendation for future use, and maintenance agreements be submitted. The Planning Commission also instructed the developer to work with staff and the landowner to the south to determine if an access to the southern property would be desirable. Enger noted Staff has met with the property owners to the south and resolved the question. General discussion took place as to the pros and cons of a commercial site being located in the site under consideration. Sandra Shepherd, 14242 Chestnut Drive, spoke against the covenience center as she felt Penny's was close enough for the people to shop at. John Wolcott, 9508 Garrison Way, questioned the size of the covenience center. Pen rl replied the covenience center would consist of 6,000 square feet. City Council Minutes - 5 - Tues. ,August 7, 1979 E. Old Farm. Addition (continued) ItMOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-140, granting PUD concept approval on 14.8 acres for multiple residential uses (RM 6. 5) . Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to give a 1st Reading to Ordinance No. 79-28, rezoning 14.8 acres from RM 2. 5 to RM 6.5 for 20 four-plexes for the Old Farm Addition, Dirlam Properties. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-1419 approving the preliminary plat consisting of 20 lots for residential use. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to direct staff to draft a developer' s agreement including 20 four-plex units incorporating items from the June 20th Planning Staff Report and recommendations of the Planning Commission from meeting held June 25th. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for approval of Alpine Estates 2nd Addition developer's agreement This item was moved to the Consent Calendar (III. G. ) . B. Request for approval of Preserve Center Addition Replat developer's agreement This item was moved to the Consent Calendar (III. H. ) . VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-41 approving the request for rezoning from Rural to RI-13. 5 on 108 acres for Bluff' s West 2nd Addition by Husta Development Corp oration, Dr. & Mrs. Brandt and 9. F. I . , and developer's agreement Edstrom stated he learned yesterday after some inquiry that his firm has a small relationship with Hustad's, and since his firm has been retained for unrelated real estate matters in Eden Prairie under the circumstances, even though he is not involved, Mr. Edstrom felt it would be appropriate for him to abstain on this matter. I Penzel requested modification of the plat prior to filing so the streets may be given proper names. City Attorney Pauly .explained since the developer's agreement was drafted the City has been presented with a further draft of the preliminary plat and para- graph 19 of the agreement refers to a 15 acre parcel to be conveyed as a park. Pauly suggested that the approval include a reference to the 15 acres as being Outlot A of the proposed plat of Bluff' s West 2nd Addition. The proponents and Council concurred with the change as outlined by Mr. Pauly. MOTION: Redpath moved, seconded by Pauly, to approve the 2nd Reading of Ordinances No. 78-41 , approving the request for rezoning from Rural to R1 -13. 5 on 108 acres for Bluff' s West 2nd Addition by tiustad Development Corporation, Dr. & Mrs. City Council Minutes - 6 - Tues„August 7, 1979 a ' s A. 2nd Reading of Ordinance No. 78-41 (continued) Brandt and B.F. I. Redpath, Pauly, Osterholt and Penzel voted "aye", Edstrom "abstained". Motion carried. MOTION: Redpath moved, seconded by Osterholt, to approve the developer's agreement for Bluff' s West 2nd Addition including the suggested change outlined bys City Attorney Pauly. Redpath, Osterholt, Pauly and Penzel voted "aye", Edstrom "abstained". Motion carried. f B. 2nd Reading of Ordinance No. 79-01 ,rezoning 10 acres from Rural to C-Commercial 5 located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 for Super Valu Shopping Center, and developer's agreement continued from July 17, 1979 4 Penzel asked City Manager Ulstad how the modifications by Super Valu respond to the Council ' s questions and to the letter submitted by the homeowner's attorney. Ulstad replied the concerns the legal counsel of the homeowner's association presented were basically screening and lighting, and the proponent is in a position to talk about the changes which are being proposed for both. The parking in the legal counsel ' s communication speaks to 5.8 parking spaces per thousand that were approved in the PUD and they referred to the ordinance requiring 8 spaces per thousand square feet. This situation has been reviewed by Staff with the Planning Commission with other like uses in the general area and they arrived at a parking ratio which is felt to be adequate. The proponent is also prepared to speak to the request that the shopping center be closed at midnight. The last request was that a signal be installed at Garrison Way and Anderson Lakes Parkway which staff feels is very difficult to comply with and also very costly at this time. City Engineer Jullie spoke to the intersection of Garrison Way and Anderson Lakes Parkway, stating that he did drive out and there is a site distance problem now, but believes it is primarily due to the growth of sumac along the steep slope and probably some grading and cutting back of the vegetation will greatly improve the site distance. Doesn't feel there is warrant for traffic signals. John Wolcott, 9508 Garrison Way, Mr. & Mrs. Frank Pfau, 9400 Garrison Way, and Fred Shuberg, 9405 Garrison Way, feel the Super Valu Shopping Center as proposed would present a dangerous traffic situation, especially for those people living in Garrison Forest as the hill is too steep and grading would not alleviate the problem. Penzel asked with some redesign of the intersection and adjustment of the grades if the problem can be alleviated. Jullie replied in the affirmative. Don Hadd, 9805 Garrison Way, stated he thinks the developer has done a good job on a majority of the items that were questionable. The major problem is traffic and Mr. Hadd feels something can be done with Anderson Lakes Parkway by filling in the dip and widening a small portion of the roadway and putting in a stop- light to help prevent someone from being killed or seriously injured. MOTION: Redpath moved, seconded by Edstrom, to approve the 2nd Reading to 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. Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. City Council Minutes - 7 - Tues. ,August 7, 1979 B. 2nd Reading of Ordinance No. 79-01 (continued) MOTION: Redpath moved, seconded by Edstrom , to approve the developer' s agreement incorporating the changes in the plan as shown and that prior to the issuance of building permits that the City has a resolution of the site distance problems on Garrison Way. Redpath , Edstrom, Pauly and Penzel voted "aye" , Osterholt voted "nay". Motion carried. C. 2nd Reading of Ordinance No. 79-I8, rezoning approximately 17 acres from R1-22 To R1-13. 5 for Topview Acres 4th Addition by Mi ller' s and developer's agreement Mayor Penzel referred to alteration in the developer's agreement which Mr. Jerrold Miller has requested. Mr. Miller spoke to his request that only if the proposed trail were to continue , completely around the lake at the 876 level and the City has easements from all property owners fronting the lake, will he and his wife agree to execute the agreement. Mr. Miller further commented he has never received any notices of Public Hearings on Cardinal Creek and after checking with City Hall he learned none of the people on the south of Cardinal Creek received notices. Karen Hanson, 13008 Gerard Drive, also stated they have not received any notice or word of a Public Hearing on Cardinal Creek, and were told when they appeared at the Parks, Recreation & Natural Resources Commission it was too late for them to have any input because they had not appeared at the Planning Commission. Penzel requested staff look into the matter of lack of notices for Public Hearings. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-1.8, rezoning approximately 17 acres from R1-22 to R1-13.5 for Topview Acres 4th Addition by Miller's. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to approve the developer's agreement including the changes proposed by Mr. Miller. Motion carried unanimously. Council recommended the proponents of Cardinal Creek meet with the property owners south of the proposed residential plat to answer any questions and concerns regarding the layout and proposed street patterns. John Reedy, 7262 Gordon Drive, requested that residents living in Topview be informed of future hearings for Cardinal Creek. Council directed staff to send notices as requested by Mr. Reedy. D. 2nd Reading of Ordinance No. 79-24, rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement This item was moved to the Consent Calendar ( III . I . ). VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Waste Disposal Advi sorry Committee This item was moved to the Consent Calendar (III . J. ) City Council Minutes - 8 - Tues. ,August 7, 1979 i 2. Re guest from residents in the Hidden Ponds area regarding the movtn of a home into that area without appropriate City approval µ Penzel spoke to the issue of the moving of a ready built house into Eden Prairie which was brought to his attention Monday evening upon the i arrival of the structure in the Hidden Ponds 2nd Addition. The neighbors felt this particular structure creates a lot of contrast to the existing homes in the neighborhood. A variety of questions were raised by neighbors as to the appropriateness of this structure being moved on to the site, i .e. , concern about the nature of the placement of the unit, it is totally unprotected and not fenced, and the lot it was placed on is muddy and unsafe. Penzel explained in discussing this matter with Wally Johnson, Building Inspector, this morning, the City has not issued a permit to move that structure on to the site. Penzel further stated he requested Mr.. Johnson look into an amendment to Ordinance No. 176 with City Attorney Pauly which would regulate the movement of fully constructed homes, and asked the Council to concur with the request to instruct staff to develop necessary background information and, if it is feasible, a possible amendment to Ordinance No. 176 which would give the City the power of review of such a proposed move prior to the next occurrence, MOTION: Osterholt moved, seconded by Redpath, to instruct staff to take whatever appropriate remedial action as is necessary under the City's ordinances toward correcting the violations of existing ordinances, and report back to the City Council on August 21 ? 1979, Motion carried unanimously. Mrs, Fischer, 18830 Partridge Circle, stated she would like some way for people in the community to be notified when a home is going to be moved into their neighborhood before it actually happens, Bev Cronk, 18895 Pheasant Circle, commented the man who bought the lot and the contractor are the same according to information which she received at City Hall , Also the size of the home moved into the area is the same as shown on plans at City Hall , Jim Asselstine, 7205 Green Ridge, explained the neighbors are concerned that the house does stick out in the street and is a hazard to children, Penzel stated he has asked Wally Johnson to attempt to find out who has control of the house at the moment and to assure that some protective fencing be placed around the unit as quickly as possible, Carol Ellison, 18925 Pheasant Circles asked how the neighbors could find out' what will be happening to the house. Penzel asked that a sheet of paper be circulated throughout the Council chambers and a letter will be sent informing the neighbors of the progress. Jim Strom, 7284 Tartan Curve, asked that the situation be looked at immediate) to get the best remedy because as time goes on the more permanent the structure may become. City Attorney Pauly stated he would look into the situation first thing Wednesday morning. Vern Skallerud, 7350 Green Ridge Drive, questioned if an injunction can be filed by the people in the community to stop the house from going in. City Attorney Pauly replied under certain circumstances injunctions may be obtained by persons that are affected by a violation of zoning and building codes. There are cases whereby such injunctions have been granted to individuals. However, Pauly stated, he does not know if this is one as he doesn't know enough of the facts to have an nni n i r%n City Council Minutes — 9 - Tues. ,August 7, 1979 3. Cable TV Councilman Redpath spoke to Resolution No. 79-150 and requested the Council to consider adoption of same. MOTION: Pauly moved, seconded by Edstrom, to adopt Resolution No. 79-1500 approving the Joint Franchising Process. Motion carried unanimously. B. Report of City Manager 1. Award bids for 2 emergency sirens This item was moved to the Consent Calendar (III. K. ) . C. Report of City Attorney 1. Authorization to seek proposals for codification of ordinances This item was moved to the Consent Calendar (III. L. ). D. Report of Director of Community Services 1. Round Lake Park Development This item was moved to the Consent Calendar (III. M. ) . 2. Petition from Topview neighborhood City Manager Ulstad explained a number of who live in Topview people P stopped in to the City Hall to discuss the history of Topview relative to a tot lot. Staff suggested to the people that were in the office that possibly a petition outlining their reasons for requesting acquisition of a smaller park in that area be submitted to the City Council and also to the Parks , Recreation & Ka tural Resources Commission, which they have done. (Petition attached as part of minutes) Ulstad further spoke to the action taken by the Parks , Recreation & Natural Resources Commission on August 6th that the Council direct City staff to study the suitability of the site for a mini park and if the site is suitable allow the staff to contact the owners on an acquisition price to be reported back to the Commission for further recommendations. The site is described as Lots 14 and 15, Block 1 , Topview. Penzel called the Council 's attention to a letter from David W. Ekback 7255 Gerard Drive, which speaks to the proposal and generally opposes it as being too narrow to meet the needs of the Topview area and he is suggesting the City look at something larger than the two lots , and something where the acquisition and development costs might be less expensive than the two residential lots requested in the petition. (Attached as part of minutes):. John Reedy, 7262 Gordon Drive, recapped the history of the Topview area and spoke on behalf of the petitioners requesting the Council consider the acquisition of Lots 14 and 15, Block 1 , Topview, for the establishment of a mini park, as he feels there is no other choice for easily accessible property for park land in the Topview area. MOTION: Osterholt moved, seconded by Redpath, to instruct staff to contact the owners of Lots 14 and 15 in Topview to obtain price quotes for what they would be willing to sell their property for. Motion carried unanimously,. City Council Minutes - 10 - Tues. ,August 7, 1979 MOTION; Pauly moved? seconded by Redpath, to continue the Council meeting past the 11 :30 PM scheduled adjournment time to no later than 12:00 Midnight. Motion carried unanimously. 3. Letter from Eden Prairie Athletic Assoc tati on City Manager Ulstad spoke to the communication from the Eden Prairie Athletic Association indicating their need for additional space for ball fields and their request that the Council consider instructing staff to negotiate for additional fields at Flying Cloud. MOTION: Osterholt moved, seconded by Redpath, to instruct Staff to negotiate with the Metropolitan Airports Commission for additional space needed for more fields at Flying Cloud. Motion carried unanimously. 4 4 4. Counter offer on Mi 1 kovi ch property Penzel explained Mr. Milkovich has counter-offered the City's offer of $86,000 to $92 ,500, which is the appraised value of the property. MOTION: Osterholt moved, seconded by Redpath, to counter-offer at one-half the cost of the real estate commission to be deducted from the $92,500; however, if the law requires that the City pay the full amount that staff be authorized to pay the appraised value. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. E. Report of City Engineer 1. Final plat approval of Bluff's West 2nd Addition (Resolution No. 79-149) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-149, approving the final plat of Bluff's West 2nd Addition with the stipulation that the streets be designated properly. Osterholt, Redpath, Pauly and Penzel voted "aye", Edstrom "abstained". Motion carried. 2. Consider bids for Shady Oak Road improvements I .C. 51-3448 (Resolution No. 79-143 This item was moved to the Consent Calendar (III . N. ) . 3. Consider bids for improvements in Hi 's Mitchell Heights 4th I.C. eso ution No. - This item was moved to the Consent Calendar (III . d. ) 4. Consider bids for seal coating, I .C. 51-339 City Engineer Jullie spoke to his memo dated August 6, 1979, recommending . awarding of the contract to Allied Blacktop Company, the lowest responsible bidder, in the amount of $48,870.00. MOTION: Pauly moved, seconded by Redpath, to award the bids for seal coating for I.C. 51-339 to the lowest responsible bidder, Allied .. Blacktop Company, in the amount of $48,870.00. Roll Call Vote: Pauly, Redpath, Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously. City Council Minutes - 11 - Tues. ,August 7, 1979 5. Revised preliminary plans for traffic signal at Co. Rd. 18 and Anderson Lakes Parkway, I. C. 51-338 Resolution No. 79-134 Continued from July 17, 1979 MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-134, approving the revised preliminary plans for traffic signal at Co. Rd. 18 and Anderson Lakes Parkway, I.C. 51-338. Motion carried unanimously. 6. 100X petition from Jason Investment Company for extension of storm sewer on 69th Avenue, I.C. 51-344 Resolution No. 79-145 a Councilman Edstrom indicated that he would abstain from voting on this matter due to a conflict of interest. Mr. Edstrom and his law firm act ' as counsel for Jason-.Mork Industrial Properties, the petitioner, and for Jason Investment Company, the General Partner of the petitioner. In addition, Mr. Edstrom's brother is the President and a significant stockholder of Jason Investment Company. MOTION: Redpath moved, seconded by Penzel , to adopt Resolution No. 79-145, receiving 100% petition, ordering improvements for Jason Investment Company Storm Sewer ( I . C. 51-344A) . Redpath, Penzel , Osterholt and Penzel voted"aye" , Edstran "abstained". Motion carried. 7. Feasi bi�1 i tXReport for Va 1 l e View Road extension west of Co. Rd 4 I. C. 51-325 (Resolution No. 9-146 City Engineer Juliie spoke to Resolution No. 79-146 and answered questions of Council members. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-146, receiving the feasibility report and calling for a Public Hearing for September 4, 1979 for 1 . C. 51 -325, Valley View road extension west of Co. Rd. 4, including portions of Dell Road plus uti:'if i.1es. Motion carried unanimously. 8. Change Order No. 1 to provide granular backfill material Shady Oak Roa improvements, I.C. 51-344A City Engineer Jullie spoke to Change Order No. 1 , commenting he is not sure the granular is present or not, and would like to have this Change Order approved in case the granular doesn't appear he would have authority to bring the material in. i MOTION: Redpath moved, seconded by Edstrom, to approve Change Order No. 1, Shady Oak Road improvements, I.C. 51-344A, in the amount of $110,000.00. Roll Call Vote: Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. 9. Change Order No. 2, improvements in Lake Trail Estates: I .C. 51-315A This item was moved to the Consent Calendar (III . P. ) . City Council Minutes - 12 - Tues. ,August 7, 1979 F. Report of Finance Director 1, Request to set a Public Hearing for Municipal Industrial Development Bond approval or kobert Murray Off i ce-11arehouse roject in the amount $T, ,000.00 for September 4, 1979 City Manager Ulstad explained the attorney for the proponents have called and asked that this item be withdrawn from the agenda, Council concurred with request of the proponents to withdraw the request from the agenda. f 2. Payment of Claims Nos. 5042 - 5266 MOTION: Osterholt moved, seconded by Edstrom, to approve Payment of Claims Nos. 5042 - 5266. Roll Call Vote: Osterholt, Edstrom, Redpath and Penzel voted "aye", Pauly "abstained Motion carried. IX. NEW BUSINESS X. ADJ OURNMENT MOTION; Redpath moved, seconded by Edstrom, to adjourn the Cqunci.l meeting At 11:55 PM, Motion carried unanimously, V Aye r L_J R. r!- T-.T construction cQmQany OF MINNESc]TA INcoppoPATEO August 3, 1979 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road z; Eden Prairie, Mn. 55343 ' re: Super Palu Center Eden Prairie, Minnesota 4 Dear Roger; As you know, we have previously signed a Developer's Agreement for the above project. This was sent to you with a cover letter dated July 10. Be- cause of the expressed concern of the mayor and city council regarding the adjacent residential neighbors, we are prepared to make the following additional concessions and include them in a revised Developer's Agreement: 1.) We have, at the direction of your planning department, increased the landscape planting in the green areas facing the adjacent residences to make our berms and wood screens more pleasing aesthetically. The wood screen has been extended on the south side of our east property Line to completely screen the parking area from the existing resident at this location. We have revised our drawings and will be prepared to show and explain these changes at Tuesday night' s council meeting. 2. ) We have lowered the exterior lighting level for our parking lot from 2' candles to 1' candles and are proposing to use Gardco Formten high perform- ance, sharp cutoff luminaire as submitted to your planning department. The light standards are 20' in height, but with the proposed parking lot elevations, will be from 3' to 8' lower than the top of our center which, of course, must be completely screened from all immediate residences. 3. ) We will agree to restrict the operating hours in the shopping center to from 6:00 A.M. to 11:00 P.M. The 6:00 A.M. opening is important to the breakfast trade in the restaurant in Jerry's Super Valu. If competition within a three-mile radius operates on a more extended hours basis, we want to preserve the right to come back to the council and request an extension of these operating hours. This would, of course, let more accurate judgment: be made on our completed building, landscaping, screening and operations. As per our July 10 letter, it is our understanding this $70,000 contribution for traffic signs and intersection improvements will be assessed. Also, the restriction of deliveries in item #9 from the hours of 10:00 P.M. to 6:30 A.M. would not restrict customer parcel pickup between the hours of 10:00 P.M. and I1:00 P.M. , or necessary standard maintenance, such as snow removal. HOME OFFICE: RYAN BUILDING.HIBBING, MINNESOTA 55746 --- TELEPHONE 218/26368" MINNEAPOLIS OFFICE. 7401 METRO BOULEVARD.SUITE 500 ONE CORP CENTER.EDINA, MINNESOTA 55435 — TELEP140NE 612.835.7990 Mr. Roger Ulstad August 3, 1979 Page 2 We believe these concessions will help to create a more pleasing environ- ment for the adjacent residences and a high quality shopping center Eden Prairie can be proud of. truly yours, RY CONSTRUCTZ O Ames R. Ryan ice President JRR/jw • Hon. Wolfgang Penzel . Mayor Eden Prairie City Council City Hall Eden Prairie , Minnesota 55344 August 7 , 1979 Dear Mayor Penzel, I am writing to you in regard to a proposed Park Board recommendation for a Kint Park to be located in Topview Acres, third addition. As a resident of Topview Acres , located at 7255 Gerard Drive, I have a keen interest in this matter as the property deemed most suitable by the neighborhood group lies adjacent to my property. Let me preface, I am not against parks, nor chi"dren, nor places for children to play. I am however. strongly against this particular park proposal. y I have patiently and diligently listened to all the discussion put forth on this matter at the recent Park Board meeting of 6 August 1979. The discussion was both informative and interesting. After tracing the potential park in this area over the years and learning that all that is now w over the dam " , including the t mistake of not purchasing five designated lots for a neighborhood park which would have included facilities for baseball, tennis, #; basketball , btc. , the discussion switched to the need for a Mini Park to be located on Gerard Drive , lots number 14/15. The need stated for this area was to set aside a portion of land on which children could play. Discussion disclosed the number of homes in the area, the number of children per home and concluded that because of the number of children a park site was in fact needed. s How4wer there are some interesting drawbacks to this arguement. It appears that a vocal minority want their needs met without the consideration for the total neighborhood and the community as a whole. In discussion it was pointed out that there were some 150 children In 94 homes or a ratio of 1 .5 children per home. Each home in this neighborhood is situated on one half acre of land or more. With this ratio of children per home to the amount odd land it would appear that there should be enough room for children on existing proties . Also, to purchase the said property at an estimated price of $ 36,00o x plus the improvements needed in the site, proper equipment for a Mini Park for young children,landsoaping to a level comparable to the rest of the existing neighborhood, and proper maintenance could cost well over S 1 ,000 per child. This seems to be a very high price to pay to discriminate against the rest of the residents of Topview Acres ; the older resident with no children and the young who have no children but who like everyone else are paying for park services but getting very little in return. r P 5. page 2. I trust that you Mayor Penzel, as well as members of the city council, will not be myoptic in your judgements but will consider what is in the best interests of the ne rhood and city an a whole, Topview Aerea and surrounding d�ping areas like Cardinal Creek need places where the young oan come to play, where teens and s . adulXs can come to exercise, play baseball, soccer, ,dog etc. , and where Seniors can come to walk and enjoy the beauty of the area as well as Natures wonders, I fully recognize that a facility of this magnitude is expensive. However it will in the long run meet the needs of more of your constituents rather than a small minority. Please do not allow yourself to make the same mistakes that have been made in the past. Take the time to build aft develop facilities which are geared to the whole family, places where families can come and have fun and play ' together not just have a convenient babys itter park. Let tunnel vision be a thing of the pas t i Be progressive and meet the needs of your growing city today. It is my desire that with the development of neighboring Cardinal Creek we can have such a facilities that would be beneficial to all. .. . I trust that you will register my objection to the present proposed action and will give careful consideration to the needs of this area. Sine ely, vid W. Ekback er, 11 r rie, "inner of . ?-'ear Cgrancil. e the: ,:�l_lc rill rc c;icetat:; o "' >rvi!vz . erf s 2nd ar)d 3r,!, aeditfonu reque=Ft the C.4tv .fo ;der T-Irra ri.e to --;urchase; Lots 1.1. ar 15, ?lcck 1, Tc-,r. eti^r or tYs 1 e ,nucli needed asr- of a "in- Park- in our Topv ew area. There ,%re se-feral for this ref?t:est: 1. Our area core-ists of 94 ouses and 147 children unc'er years of age. 2. `;'Mere are no park areas Within walking or safe hike riding distance _for the residents of our area. 3. (7.-Cr ar ea is an eotablished a-rea as rontrastej with the newl-- d.evelopin;; areas anri apparently foresii,,ht in ,planri_ng was not to our .�rer to provide adecaate park space. 4. Cur area )ayn t,,(!ual or greater taxes than any other area;.. r �,.,_ 11. ,,or-i-no rc:ial e abl i;;s Lments are infringi n�; upon our aria and we feel. the nonpy they w-L3_.L b � the Park and Recreat on. Department should benefit our people first since we will be: the most greatly affected 1).y tl,C,-,I. �. 11rn,rent? the on,l;• area 4'f3r IfPlay round or, `.q eels F' to meet is on i;.xe street. t This is not only teaehin., our children to play in the stre,at_;, Y:ut is a safety hazard not only to the children but also Ti.ni_ pare rvc ee—nire shoul.ci not be costly;, nor do we desire elaborate facilities. Ctir basic desire is to obtain ar. area similar to lots 14 and 15 and to Leave ;.his lane: pretty much in its natural state except for occasional l.aw7ff-.ovrin,- dur:'i.n;, the summer and flooding of the land for an ice rink in the winter. 'Y:ic- area would then be conducive to such neighborbood activities as football, lhaseball, soccer, etc. 7e t1ni.nk thin request deserve-s t?-e immediate attention of the C vincil as the need 7s wv;el.l established for this tie of Tniri. park. Furthermore, without quid- ;action, this sr,ace w:il_l no longer be available in this area. par, Ot4, {jam t � �`J �.-�• „r I/rIA '00ed r4^ a.,)3 7/ 7Y AV, 644-t"- '71 13 -7eL 73 0.3 7-p ov A _ P Cl /t")7 70 aA a-�t a J - Jlov E� t J Le .,A /2 7 y ��� . 77 C - r /,fie.