City Council - 08/21/1979 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
' TUESDAY , AUGUST 21, 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; Director of Community Services
Bob Lambert; Finance Director John Frane;
City Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilman Paul Redpath
*"LEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following changes were made to the agenda: Item III . D. Consider
bids for temporary signals on T.N. 169 and Co. Rd. 1 and Vo-Tech entrance
was removed from the Consent Calendar to the City Engineer's Report VIII . E.3. ) ;
and discussion on Airport Matters was added as item IX. A.
MOTION: Redpath moved, seconded by Edstrom, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 17, 1979.
Pg. 2, para. 2nd from bottom of page, last line, strike "ordinance" and insert
in lieu thereof "ordinances" ; Pg. 4, 5th para. , 2nd line, strike "minuet" and
insert in lieu thereof "minute"; Pg. 6, 5th para. , 1st line, strike "requested"
and insert in lieu thereof "requesting" , and Pg. 12, 4th para. , 1st line,
after "grounds" insert "he feels".
MOTION: Redpath moved, seconded by Pauly, to approve the minutes of the City
Council meeting held Tuesday , July 17, 1979, as amended and published. Motion
carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List (Correction made as follows: "Sidign" to "Design")
B. Request to set Public Hearing for Shady Oak Industrial Park 4th Addition
for September 18, 1979
C. Request to set Public Hearing for Overlook Place by Hustad Development
Corporation for September 18. 1979
D. Consider bids for temporary signals on T.H. 169 and Co. Rd. 1 and Vo-Tech
entrance - This item was moved to the City Engineer's Report VIII . E. 3. )
E. Receive petition and order sewer and water extension on Atherton Way, I.C.
51-351 , Change Order No. l Resolution No. 79- 55
City Council Minutes - 2 - Tues, ,August 21 , 1979
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F. Resolution declaring costs to be assessed and ordering preparation of
ro osed 1979 special assessment rolls and setting hearing date for
September 18, 1979 Resolution No. 79-157
G. Community Development Block Grant VI Program, Execution of New Joint
Cooperation Agreement for Continued Participation
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H. 2nd Reading of Ordinance No. 79-25, rezoning .8 acre from Rural to R1 -13.5
for 1 existing house and 1 additional building lots Shea rezoning
I. 2nd Reading of 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: Redpath moved, seconded by Osterholt, to approve items A, B, C, E,
F, G, H and I on the Consent Calendar.
IV. PUBLIC HEARINGS
A. Request for Muuni c�i2al Industrial Development Bond approval in the amount of
3,500,000.00 for Ryan Construction Company Resolution No. 79-152
Jim Ryan, Ryan Construction Company, summarized their application and spoke to
his letter dated August 17, 1979 (attached as part of minutes) .
Osterholt questioned if Ryan Construction Company has applied for revenue
bonds in other communities and if where? Mr. Ryan responded the only one they
as a developer applied for was a shopping center in Coon Rapids which is now
. under construction and where revenue bonds were approved. Ryan further
commented Coon Rapids is the only community they have applied for revenue
bonds as a developer, the other projects they were involved in were just as a
design builder or a builder.
Edstrom asked if the $70,000 contribution on the intersection is part of the
base on which the rental is calculated, or is that being paid by the developer
and outside the base. Ryan replied the $70,000 they would pay is in the form
of an assessment. They would take the full brunt of that assessment, and that
assessment is transferred directly to the tenants. The leases are what is
called "pure net leases" , the tenants pay taxes, maintenance, insurance and
assessments.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 79-152 , approving the request for Municipal Industrial
Development Bonds in the amount of $3,500,000,00 for Ryan Construction Company,
with the addition of the following language to the resolution in paragraph 6,
5th line, after the word "should" insert "the City at any time prior to the
issuance thereof determine that it is in the best interest of the City not to
issue the bonds, or should the parties be unable to reach agreement as to the
structuring of the financing or as to the terms and conditions of any of the
documents required for the transaction, then the City has the right to withdraw
from the participation. " Redpath, Edstrom and Pauly voted "aye". Osterholt
and Penzel voted "nay". Motion carried.
Council instructed staff to examine the pros and cons of the adopted guide lines,
and what might or might not be included, and to bring the report back to the
Council as to what is beinq done elsewhere in that area and what the advantages
and disadvantages of thair approach would be.
City Council Minutes - 3 - Tues. ,August 21 , 1979
B. Request for Municipal Industrial Development Bond approval in the amount
of $650,000.00 for Big G Imports/Galarneault ( Resolution No. 79-153) F
Richard Anderson summarized the application and answered questions of Council
members. f.
Redpath asked if anybody is going to build in Shady Oak Industrial Park without
Municipal Industrial Development Bonds? Mr. Anderson replied he believes
that will be about 5 buildings that will be non-industrial revenue bonds,
and approximately 5 at this time that are with revenue bonds.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and
adopt Resolution No. 79-153, approving Municipal Industrial Development Bonds
in the amount of $650,000.00 for Big G Imports/Galarneault. Edstrom, Redpath
and Pauly voted "aye" , Osterholt and Penzel voted "nay". Motion carried.
C. Request for Municipal Industrial Development Bond approval in the amount of r .
8,000,000. 00 for Cooperative Power Association Resolution No. 79-151 )
Steve Jacobs, bond counsel with Dain, Kalman & Quail , summarized the application
and answered questions. of Council members.
Mr. Jacobs requested a change on page 5 of the resolution, paragraph 3.06,
6th line, after "Halladay," insert "and/or Chapman & Cutler". Council members
concurred with the change as requested.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and
adopt Resolution No. 79-151 , approving Municipal Industrial Development Bards
in the amount of $8,000,000.00 for Cooperative Power Association. Edstrom,
Redpath, Pauly and Penzel voted "aye" , Osterholt voted "nay" . Motion carried.
D.- 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 Ul 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 Second Addition
and east of Homeward Hills Road (Resolution No. 79-94 - PUD, Ordinance No.
79-14 - rezoning, Resolution No. 79-96 - preliminary plat) Continued from
July 17, 1979
Edstrom explained since he found his law firm does a small amount of work for
Hustad Development Corporation, even though he is not involved, Edstrom felt
he should abstain from voting on this proposal .
Dick Putnam, Hustad Development Corporation, spoke to the revised plan which
consists of rezoning only Bluff' s West 3rd from Rural to R1-13.5 and to
preliminary plat 166 single family homes on 84 acres.
City Planner Enger explained this item was reviewed by the Planning Commission
at the August 13th meeting and was recommended to the City Council for approval
on a 5 - 0 vote, subject to the recommendations of the Staff Report dated
August 7th and subject to the material that had been submitted for preliminary
plat and rezoning, which Mr. Enger spoke to in detail .
Osterholt commented when the City receives land dedicated for park and finds out
it is going to be used for storm drainage, we shouldn't be giving density trade-
off for that land.
Penzel further asked wouldn't the requirement for park dedication be over and
above the storm drainage requirements rather than being made part and parcel of.
City Council Minutes - 4 - Tues. ,August 21, 1979
D. Bluff's West 3rd & 4th (continued)
Enger replied it all depends on the question of whether or not the City wants
to give the storm area credit for density transfer, because the proponent in
this case is meeting the requirements for park and open space through the cash
park fee and in the 2nd Addition through the cash park fee as well . Above and
beyond that the proponents have made available the 15 acre area largely for
park and open space through a density transfer. The question seems to be the
density transfer was allowed for park space in the 2nd Addition and, in fact,
the 2nd Addition was a little higher in density than this addition because
it was density allowed for the bluff area as well . With this 3rd Addition
what is being conveyed is the lower area of the park which would be the
inundation area and we are able to use part of that for overflow soccer fields
for example, i .e. , instead of 2 soccer fields we will put in 3 soccer fields and
once every hundred years one of the soccer fields will flood for 3 days. The
storm water area is still open space, it is not necessarily a park area . Enger
feels this is a valid concept if the proposal is a good subdivision.
Sally Brown, Chairwoman of the Flying Cloud Advisory Commission, defined the }
motions of the Commission from meeting held May 15, 1979, at the request of
Councilman Osterholt, i .e. , Zone "A" stipulated nothing, and Zone "B" stipulates 4
i house for 3 acres.
Osterholt asked if there were any areas in this proposal which would be included
in the "A" or "B" zones? Enger replied in the negative.
Ms. Brown commented the Commission understood there were no areas in the "A"
and "B" zones when they saw the revised plan, however, the Commission still has
questions and concerns about the density of 2.5 being lined up right next to the
"B" zone.
Osterholt thought it would make more sense for the City to cooperate with
the Metropolitan Airports Commission and have certain lands dedicated rather.
than asking that public funds be expended.
Ms. Brown questioned the percentage of variances requested for Bluff's 2nd and
3rd Additions. Enger responded the final form for Bluffs West 2nd Addition is
a 244 lot plat which consists of 65% of the lots under 13.5, 50% of the frontages
are 85 feet or larger, 14% of the frontages are 80 - 85 feet, 25% of the
frontages are 68 to 80 feet, 5% of the frontages are less thatn 68 feet and 4%
of the frontages are less than 68 feet but are on cul-de-sac lots. In
comparison the 3rd Addition has proposed 50% of the lots requiring the side
yard setback variances and the proponents have listed in their proposal the
percentage of frontage of lots is similar to the 2nd Addition.
Dick Putnam and Jim Ostensou , Hustad Development Corporation, responded to
further questions raised by Sally Brown.
Ms. Brown questioned the recommendation for having notices through brochures
and signs for people purchasing the property, as to what would happen when
people are purchasing the property the 2nd or 3rd time around. City Attorney
f Pauly replied possibly such information could be filed with the title. However,
Pauly stated he would look into this matter and report back to the Council .
Penzel reiterated the concern he expressed two years ago when Bluff's West 1st
was approved regarding a continuous street with 3 different names, which he
was assured wasn 't going to happen. At the present time we still have one
continuous street with 3 different names. Penzel requested resolution of
this situation.
City Council Minutes - 5 - Tues. ,August 21 , 1979
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D, Bluff' s West 3rd & 4th (continued) ;
Pauly stated she has reservations about this project. Concurs with Sally
Brown' s analysis it is awfully close to the "B" zone and for a high density
area with a lot of variances we are getting in return basically a water storage
area,
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Penzel also stated he shares Ms. Brown's concerns about the proximity to the
"B" zone, Believes basically it is a vast improvement over the previous plan.
However, he would like to see 1) the bond requirements as far as trails and
tot lots are concerned, 2) a re-examination of the water storage that is
proposed to the northerly 16 acre parcel to make it more concise and less harmful
to the park as proposed, and 3) a concerted effort to revise the preliminary
plat to the point of reducing the rather substantial request for variances
that are presently before the Council .
Osterholt asked Mr. Putnam is the developer is willing to do some of the things a
that are being requested. Putnam replied they cannot do so with the present
plat.
Osterholt recommended the Council meet with the Flying Cloud Advisory Commission
to receive their input regarding the "A" and "B" zones before any final
action is taken on this project.
Putnam stated in lieu of the points raised by the Council this evening, the
proponents would like to request their item be continued to the next Council
meeting of September 4th.
Penzel asked if there are any concerns the individual Council members might have
that haven 't been addressed, to make them known so they might be included
.,and responded to prior to the next consideration of this proposal.
MOTION: Osterholt moved, seconded by Redpath, that the Council hold a joint
meeting with the Flying Cloud Advisory Commission on September 4, 1979 at
6:30 PM. Motion carried unanimously.
MOTION: Redpath moved,- seconded by Osterholt, to continue the Bluff's West
3rd Addition Public Hearing to the September 4, 1979 Council meeting.
Redpath, Osterholt, Pauly and Penzel voted "aye" , Edstrom "abstained". Motion
carried.
V. REPORTS OF ADVISORY COMMISSIONS
A. Highway #212 Advisory Commission
Counc%lwoman Pauly, member of the Highway #212 Advisory Commission, introduced
other members ofthe Commission present in the audience - Virginia Gartner
and Haakon Nyhammer. Pauly explained Don Peterson is the other member, however,
he is out of town. Pauly also introduced the representatives from Mn/DOT -
Susanne Pelly, Highway #23 Planner, and Bob Paine, Highway #212 Project Engineer.
Pauly distributed information which she explained in detail (attached as part
of minutes) .
Bob Paine passed out a map of the major roadway showing the trend of what could
happen and spoke to same (attached as part of minutes) .
General discussion took place and Mr. Paine answered specific questions directed
to him by the Council and members of the audience.
City Council Minutes - 6 - Tues. ,August 21, 1979
A. Highway #212 Advisory Commission (continued)
Jerry Kingrey, 14311 Holly Road, asked if there is a possibility of expediting
the acquisition of right-of-way without regard to when the freeway will actually
be built. Paine stated right-of-way could be bought in about 1984; however,
the first thing before buying right-of-way is to know where Highway 212 is going
to go. Then an Environmental Impact Statement must be filed that has to be
approved in Washington, and it also has to be approved by the State's
Environmental Quality Board before acquisition of right-of-way can take place.
Mr. Kingrey suggested the Highway Department be advised there may be quite a11
difference of opinion in the preliminary planning as to whether the high school
sports fild should be relocated in an area outside the right-of-way, which would
then be the middle school . If the high school sports field is affected , it should =
be relocated to the high school .
Poke Eames, 17345 West 78th Street, commented the purchase of the land is
virtually impossible according to what the newspapers tell us as the State is
out of money; however, Highway #212 is a federal highway and not a state
highway. Eames asked if federal monies were also short.
Paine replied it is still a state highway even though it is funded by
federal funds. The state has to furnish 20% of the dollars and there is no state
money to match the federal funds at this time.
Bill Gilk, 15212 Scenic Heights Road, stated given the length of time and the
seriousness of the traffic situation, wouldn't there be the possibility of hay-
1ng four lanes, as the section with four lanes going by Flying Cloud is
uncongrested compared to the 2 lanes. Paine replied anything that would add
lanes to the roadway for which the State would have to buy right-of-way, would
have to go through the same process as for new Highway #212, i.e. , public
involvement, an Environmental Impact Statement, approval by Washington and
the Environmental Quality Board.
Pauly added if there are any community organizations or individuals that
would like to have coffee parties, the members of the Task Force and
representatives from Mn/DOT would be willing to meet with them.
Paine commented what Mn/DOT is looking for after all the facts are on the table
and the citizens , Council and City Staff know what is going on, would be a
decision by the City on which 1 , or which 2, they would like studied more. This
would be more detailed studies which will be part of the Environmental Impact
Statement,
VI . PETITIONS, REQUESTS & COMMUNICATIONS
A. Preserve Center 2nd Addition request by The Preserve to preliminary plat 5
acres for 6 duplex lots (12 units. . Located south of Anderson Lakes Parkway
on either side of Preserve Boulevard extended.
Penzel questioned what is supposed to become of the strip of land west of
the proposed extension of Preserve Boulevard?
Lee Johnson, The Preserve, stated nothing will be done with the site at the pre-
sent time. If he is able to purchase some land from Edenvale so there would
not be any variances, then it would be a potential building site.
MOTION; Redpath moved, seconded by Osterholt to approve the Preserve Center
2nd Addition by the Preserve to preliminary plat 5 acres for, 6 duplex lots%
Motion carried unanimously.
City Council Minutes 7 - Tues. ,August 21 , 1979
B. Request by Mr. Gil Darkenwald to move the continued Public Hearing dilte fVr
Independent } wor ron September t o Septem5er t
City Attorney Pauly explained legally the City cannot move a public hearing
back. Penzel further commented because of State Statutes the public needs to
be informed, and the public was informed this Public Hearing was continued
to the 2nd meeting in September.
No action necessary. "
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VII. ORDINANCES & RESOLUTIONS
A. 2nd. Reading of Ordinance No. 79-15, establishing a Code of Ethics for Officials
of the City of Eden Prairie
MOTION: Pauly moved, seconded by Edstrom, to approve the 2nd Reading of
Ordinance No. 79-15, establishing a Code of Ethics for Officials of the City
of Eden Prairie. Pauly, Edstrom and Penzel voted "aye" , Osterholt and
Redpath voted "nay". Motion carried.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
No reports.
B. Report of City Manager
1. Establishment of date to meet with South Hennepin Human Services Council
MOTION: Edstrom moved, seconded by Osterholt, to set September 4, 1979
as the date to meet with the South Hennepin Human Services Council .
Motion carried unanimously.
C. Report of City Attorney
1. Progress report on the house moved into Hidden Ponds
City Attorney Pauly summarized memorandum dated August 13, 1979 which
was sent to some of the neighboring residents.
Bev Cronk, 18895 Pheasant Circle, spoke to information submitted to the
City Council regarding the drafting of an ordinance pertaining to the
moving of a home into a neighborhood and requested the Council consider
adopting such an ordinance. (Attached as part of minutes)
Mayor Penzel referred to memo from Chief Building Inspector Walter
Johnson as to what the owner of the home, which was moved into Hidden
Ponds, has agreed to do.
Redpath suggested licensing, bonding or setting fees for house movers
which could perhaps be incorporated into the ordinance,
MOTION: Edstrom moved, seconded by Redpath, to direct Staff to draft
an ordinance including as many of the concerns possible of Mrs. Cronk's
letter including the Board of Appeals & Adjustments approach, and refer
same to the Planning Commission fcr review and recommendation, and
then to the City Council for consideration, Motion carried unanimously.
City Council Minutes - 8 - Tues. ,August 21 , 1979
1. Progress resort on the house moved into Hidden Ponds (continued)
Dick Mahaffey, 18975 Valley View Road, requested the house be secured
as it presents a very dangerous and tempting situation. Mahaffey suggested
the City could also check on an ordinance to protect the safety and
welfare of the people in the community.
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Penzel stated two weeks ago the Council requested Mr. Johnson take all
nece�sary action to secure the house, and asked why this hasn' t been
done.
Ulstad replied the house has not been secured and that he did talk with
the owner about a week ago and the owner has been informed to get the house
corrected and secured.
Edstrom suggested staff and the Public Safety Department look into the
possibility of prosecution; however, he commented he is less enthusiastic
about the City taking action to secure the house Lecause the City might
be taking some responsibility-in terms of liability.
MOTION: Pauly moved, seconded by Redpath, to instruct staff to take all
possible legal measures to secure the house moved into Hidden Ponds.
Motion carried unanimously.
Carol Ellison, 18925 Pheasant Circle, asked how long it would taCe to go to
the Planning Commission and when would it be back to the Council .
City Attorney Pauly replied it could possibly be on the Planning Commission
September loth, and to the City Council on September 18th
Penzel asked that Staff make sure the Public Safety Department is aware no
permits are issued for moving homes into Eden Prairie with the exception
of the Vo-Tech home which has been approved.
Councilwoman Pauly commented she does not like to see the City into some-
thing that really should be done through covenants.
Mrs. Ellison felt she does not have any say in the covenants because
they came in after she purchased her home. Mrs. Cronk explained in Mrs.
Ellison' s case and some others the covenants are not effective, thus
an overall City ordinance would be much more effective.
D. Report of Director of Community Services
1. Wetland Restrictions
Director of Community Services Lambert spoke to his memo dated August 17,
and the request of the Parks, Recreation & Natural Resources Convnission
that Council authorize staff to study the concern on the restrictions on
filling of wetlands to provide recommendations on local ordinances designed
to protect these small marshes and ponds.
Council concurred with the request of the Parks, Recreation & Natural
Resources Commission with the understanding the recommendations be +
brought back to the Council for consideration.
City Council Minutes - 9 - Tues. ,August 21 , 1979
2, Topview Mini-Park :
Director of Community Services Lambert explained Mr. Ulstad met with the
present owner of the Topview site, Mr. Tom Miller, and he is asking
$40,000 for the two lots. Lambert spoke to his memo dated August 17 , 1979
and the staff recommendation that the City acquire Lots 14 and 15 on Gerard
Drive for the price of $40,000, to be funded through cash park fees.
Further that staff recommends the development costs for this mini-park
be included in the proposed bond referendum, and if the bond referendum
passes, the cash park fees could be reimbursed. The Parks, Recreation &
Natural Resources Commission recommends securing an option at this point
for about six months, including the acquisition in the bond referendum,
and then if the bond referendum did fail bringing it bask to the Council
for consideration of acquisition at that time. The Commission felt it would a
be more appropriate to use funds through the referendum than through the
cash park fees.
Tom Miller, owner of the property under consideration , commented he would
- - like to see something resolved and it is not feasible for him to wait any
longer.
John Reedy, 7262 Gordon Drive, spoke in favor of the two lots being
purchased from Mr. Miller for a mini-park. Reedy did not feel the City
should wait for the bond referendum to be passed before purchasing the
property.
Osterholt questioned if there is any possibility for a neighborhood park
that can serve both Topview and the Cardinal Creek area? Mr. Reedy
stated he believes the people in the Topview neighborhood wish to be served
by a mini-park from a small drawing radius, and at this time he sees a
lack of available alternatives.
Lambert further reiterated he has talked to a lot of people from Topview
and tried to approach them with future park sites outside Topview, and
they feel strongly about wanting a mini-park within the area.
Redpath asked if the bond referendum passed, is there a way the cash park.
fee could be paid back, and if the referendum fails that it could be assessed :
to the benefitted property owners? City Attorney Pauly stated he would
look into the question raised by Councilman Redpath.
MOTION: Edstrom moved, seconded by Osterholt, to authorize staff to
negotiate with Mr. Miller two potential agreements : 1)„ an outright
purchase, and 2) an option, and that this item be returned to the Council
on September 4th with a recommendation. Motion carried unanimously,
MOTION: Osterholt moved, seconded by Redpath, to _continue the Council meeting past the
11 :30 PM scheduled adjournment time. Motion carried unanimously.
3. Award bid for Preserve multi-use court
MOTION: Osterholt moved, seconded by Penzel , to award the bid to
Bituminous Roadways in the amount of $7,750 for a multi-use court at the
Preserve Neighborhood Park as per staff recommendation, Roll Call Vote:
Osterholt, Penzel , Edstrom, Pauly and Redpath voted"aye Motion carried
unanimously.
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City Council Minutes - 10 - Tues. ,August 21 , 1979
4, Riverview. Springs
Penzel spoke to the request of Mr: Fransen that some measures be taken
to alleviate the problems which have caused damage to hisproperty.
Director of Community Services Lambert spoke to his memo dated August 170
1979 and referred to the criminal activities on Riverview Road submitted
by the Public Safety Department. Lambert stated it is the Staff' s
recommendation that Riverview Springs be closed to see if this does
alleviate the problems faced by the residents in that area.
General discussion took place regarding the pros and cons of closing
Riverview Springs.
Council requested that tine area be saturated by the Public Safety Depart-
ment. for a week or two to see if that will alleviate the problems which
have occurred.
E. Report of City Engineer
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1. Petition to amend flood lain elevation along PuMatory Creek south of
Resolution No. 79-156
City Engineer Jullie spoke to his memo dated August 17, 1979, and
answered questions of Council members.
MOTION: Redpath moved, seconded by Pauly, to refer this item to the
Parks, Recreation & Natural Resources Commission and the Planning
Commission for a recommendation. Motion carried unanimously,
2. Petition from Ban-Con, Inc. , regarding setback for Neill Lake
Condominiums
MOTION: Osterholt moved, seconded by Penzel , to continue this item
to the September 4th Council meeting to review the decision of the
Board of Appeals & Adjustments. Motion carried unanimously.
3. Consider bids for temporary signals on T.H. 169 and Co. Rd. 1 and
Vo-Tech entrance
MOTION: Osterholt moved, seconded by Edstrom, to award the bids
for temporary signals on T.H. 169 and Co. Rd. l and Vo-Tech entrance
to the lowest responsible bidders as follows: land widening and
channelization to Minnesota Valley Surfacing Company in the amount of
$51 ,334.40 and for signal installation in the amount of $34,825.00
to Berg & Tjepkes Electric Company. Roll Call Vote: Osterholt,
Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to provide funds out
of the Unappropriated Surplus of the General Fund for these improvements.
Motion carried unanimously.
F. Report of Finance Director
1. Pay
ment of Claims Nos. 5267 - 5471
MOTION: Osterholt moved, seconded by Edstrom, to approve Payment of Claims
Nos. 5267 - 5471 . Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath
and Penzel voted "aye". Motion carried unanimously.
Council Minutes Tues. ,August 21 , 1979
2. Request to set a Public Hearing for Municipal Industrial Development Bond
approval for Eden Prairie Partners in the amount of 1 ,500,000.00 for
September 18, 1979
MOTION: Osterholt moved, seconded by Redpath, to set September 18, 1979
as the Public Hearing Date to consider the request from Eden Prairie Partners
for Municipal Industrial Development Bonds in the amount of $1 ,500,000.00.
Motion carried unanimously.
3. Request to set a Public Hearing for Municipal Industrial Development Bond
approval for Eden Prairie Mini-Storage in the amount of $650,000.00 for
September 18, 1979
MOTION: Osterholt moved, seconded by Redpath, to set September 18, 1979
as the Public Hearing Date to consider the request from Eden Prairie Mini-
Storage for Municipal Industrial Development Bonds in the amount of $650,000.00.
Motion carried unanimously.
4. Request to set a Public Hearing for Municipal Industrial Develo neat Bond
approval or Anderson Cakes Limited in the amount of ,3 5,000.00 for
September 18, 1979
4 MOTION: Osterholt moved, seconded by Redpath, to "set September 18, 1979
as the Public Hearing Date to consider the request from Anderson Cakes
Limited for Municipal Industrial Development Bonds in the amount of $3,375,000.00
Motion carried unanimously.
(,IC IX. NEW BUSINESS
Edstrom requested an item be added to the Joint Meeting with the Flying
Cloud Advisory Commission regarding the follow-up on the 2nd resolution
that was adopted when the Council approved the airport expansion plan
regarding restricting jet traffic, and to see if the Anoka County Airport
situation is going to have an affect on Eden Prairie.
X. ADJOURNMENT
MOTION: Edstrom moved, seconded by Osterholt, to adjourn the Council meeting at
12:20 AM. Motion carried unanimously.
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construction Company
OF MINNESOTA INC=CMPO�tf:T EO
.�t'�"+ y August 17, 1979
VMS ,,.
Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55343 '
re: Super Valu Center
Eden Prairie, Minnesota
Dear Roger;
On Tuesday, August 21, the mayor and city council will be making a decision
on revenue bond financing which is critical to our proceeding with the Super
Valu Center. We have all lived with the project for well over .a year. I be-
lieve the time spent with your staff, the planning department and city council
has beeA productive from both our standpoints. The net result we have achieved
is a good, workable balance for the center, Eden Prairie and the adjacent
residential neighbors. Also in doing so, we will be providing funds for a much a4
needed traffic improvement at County Road 18 and Anderson Lake Parkway.
Unfortunately, because of the City of Bloomington's involvement, resolving
the intersection traffic improvement turned out to be a long, drawn out and
expensive process for us both. The delay in potential solution created the
following dilemma for us:
1.) A $70,000 contribution would have to be commited by us to pay for
Eden Prairie's share of the improvements.
2.) The Bloomington delay would cost us an additional $100,000 because
of construction inflation costs of nearly 1% per month. The total delay now
will cost closer to $200,000.
3.) More dramatic than the inflation, the economy changed and the resulting
increase in interest rates would mean an additional 131 to 2% on our permanent
mortgage.
The combination made our project economically unfeasible for our tenants
so in January we contacted John D. Frane, your finance director, to discuss
revenue bond financing. Under the conditions it was the only way our ,project
could proceed. .
Our shopping center is unique in that we have two firm leases which take
100% of the space. Both leases are long term and commit us to 25 year terms
and longer. The rents paid are generated on a formula basis which simply takes
fthe total costs X the rental constant which is based on interest paid for the
mortgage. The full benefit of the reduced rates created by revenue bonds is
passed to our two tenants to help bear the financial burdens discrosscd above.
HOME OFFICE: RYAN BUILDING,HIBBING,MINNESOTA 55746-TELEPHONE 218/263.6888
MINNEAPOLIS OFFICE: 740� METRO BOULEVARD.SUITE 500 ONE CORP CENTER,EDINA,MINNESOTA 55435--•TELEPHONE 612/835-7990
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Mr. Roger Ulstad August 17, 1979
Page 2
Roger, I would appreciate your passing these comments on to the mayor
and city council prior to the meeting, to help them more fully understand our
dilemma. We hope, based on these conditions and the financial merits of our
project pointed out in our revenue bond application, to seek their approval.
Very truly yours,
A.
;es
CONSTRUCTIOD MF
• �"
R. Ryan
President
JRR/'jw
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Proposal presented to the mayor and city council members of N
Eden Prairie . Minnesota on August 21, 1979.
Concerned home owners of Eden Prairie would like to recommend
that the Eden Prairie City Council make a motion to adopt a
city ordinance in regards to neighborhood approval of all
move in houses.
Y,
A. If the house is more than 10 years old , it MAY NOT
be moved into the city
B. If the house is less than 10 years old , it MAY be
moved into the city if;
1. Written approval is obtained from `
a. all six property owners nearest the said
property or,
b. all property owners within a 500 foot
radius of the said property lines
Whichever is greater. F
2. Must be at least 1100 square feet above grade
3. Must have a double attached garage
4. Must conform to surrounding homes
5. Must pass city inspection and conform to all
present city codes and ordinances
C. If the proposed house is presently located in the
city and is less than 10 years old , the house may
be moved to a different location within the city
but the above neighborhood and city approval must
still be obtained.
D. If the proposed house is presently located in the
city and is more than 10 years old, the house may
be moved to a different location within the city
but the above neighborhood and city approval must
still be obtained.
Concerned home oigier, ,r
verly 41. Cronk
18895 Pheasant Circle
Eden, Prairie . MN. 55344
i.
`a
212 ADVISORY COMMISSION INTERIM PRESENTATION TO CITY AND SCHOOL
EDEN PRAIRIE AUG 21 and SEPT. 6, 1979
PART I Need for 212 - No build is an option '
1 . Need for 212 in Eden Prairie
A. Accident rate in EP on 5 and 169 handled by EP police
467 from January 1977 - March 1979, 27 mo. 9 fatalities
52 from January 1979 - March 1979
B. Public Safety time and cost
Average 3 hrs/ accident not counting court time and paper
work - up to 150 hours on one accident
Possibly one full time officer equivalent on 5/169
C. Trucks and traffic snarls
32,000 vehicles/day on 5/169 in 1976
2. Need for 212 outstate
A. West Central Minnesota (212 area only) produces approximately
25% of state' s agricultural products. 34% of trips at
South Dakota border in Twin Cities.
B. In 1970, Highways .12, 7, 212, 19 considered - population,
employment, freight, trip volume and building costs considered
with 212 chosen by state for up-grading.
C. Regional railroads have been and will be abondoned in area
forcing freight onto trucks.
PART II - Eden Prairie Routes - pros and cons so far-
1 . Unique System D
A. Cons
1 . Wetlands - School Pond, Red Rock Lake wetlands, CPT pond
2. Affect Scenic Heights neighborhood
3. Affect Middle School
4. Complicated intersection with 494
B. Pros
1 . Corridor has mostly been kept open - what we have relied'
on for 11 years
2. Probably lowest land acquisition costs
3. Frees the largest stretch of Highway 5 for local use
4. Probably least loss of tax revenue
5. Keeps the 5/212 junction at the MCA
2. Highway 5/Residential
A. Cons
1 . Removes neighborhood and tax base
2. Takes High School track and football field even though replaced
3. Near Middle School
4. Forces City to put in better road system in Mitchell Road to replace 5.
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B. Pros
1 . Avoids H.S. pond, CPT pond and Red Rock
2. Less bridging than Industrial or System D
3. Cheaper 5/212 interchange
3. Highway 5/Industrial 4
A. Cons
1 . Enormous potential loss of tax revenue and jobs if firms
do not relocate in Eden Prairie
2. High acquisition costs
3. Affects School Road neighborhood
4. City wi71 need complementary road system
B. Pros '
1 . Saves neighborhood (doesn't want to be saved for this)
2. Saves H.S. pond, CPT pond and Red Rock
3. Less impact on School than Residential or System D
4. Highway 5/Mitchell
A. Cons
1 . High land acquisition cost and loss of tux revenue along Hwy 5
2. Severe impact on Immanuel Lutheran Church, Prairie Village Mall ,
Round Lake Estates, Luther Way and Heritage Park - all built
with Unique System D "official" .
�. 3. Difficult top at Kerber`s hill- wetlands at Mitchell Lake and
floodplain, wetlands at Rice Marsh Lake
4. Removes Highway 5 for local use
B. Pros
1. In place ROW
2. Saves HS pond, neighborhood, no effect on Middle School
S. North Riley Cut Off
A. Cons
1. Wetlands near Rice Marsh Lake and 2 ponds
2. not where anticipated
B. Pros
1 . Avoids Riley Lake and County 1 neighborhoods
2. Shorter and Straighter
3. Closer to 5 - relieves it more - probably better for our
internal road system - Dell Road etc.
6. In Place 212
A. Cons
1 . Tying 212 into 494 - destroy Lake Eden need 40 acres in MCA
2. 7 wetlands, 2 parks in Eden Prairie
3. Removes 169 from local use
4. Can only use 1 mile of existing road way
5. Grade problems for trunks to climb hill
6. Present road so close to floodplain, sometimes in floodplain,
new land must be built in bluff - very sensitive
7. Will not take pressure off of 5 (see chart)
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Page 3
7. Comparative Construction cost in Eden Prairie
1 . Unique System D 43 mil add 5 if bridge HS pond
2. Hwy 5/Residential 40 mil
3. Hwy 5 Industrial 45 mil 3
4. Hwy 5 Mitchell 38 mil
5. In place 212
Note - construction savings would probably be negated by land
acquisition costs of Mitchell and Residential
PART III - Effect on Chanhassen
212 could enter Chanhassen either North or South of Riley Lake
1 . Southern route favored as it casues less severance of community
and farms
2. Bulk of citizens could get onto 222 faster with Northern route
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