City Council - 10/02/1979 i
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 2, 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 Jul l i e; 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 moved from the regular agenda to the Consent Calendar:
VIII. A. 2nd Reading of Ordinance No. 79-33 , rezoning Shady Oak Industrial Park
4th Addition to I-2 and develo er' s agreement; IX. 13 1. Authorization to hire
codifier; IX. E.
2. inal lat approval for Shad Oa II—ndustrial 4th Addition
Resolution No. 79-180 TX. E. 3. Final plat approval for Meadow Park Resolution
No. 79-181 IX. E. 4. Approval of Mitchel] Heights Townhouses agreement; and
IX. F. 1. Payment of Claims Nos. 5750 - 5889.
Additional item to be added to the agenda as item I. B. Receipt of petition
from residents opposed to the Valley View Extension as proposed by City Council
on September 4, 1979.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
B. _Receipt of petition from residents opposed to the Valley View Extension as
proposed by the City Council on September 4, 1979
Bill McKewan, 16730 Baywood Terrace, presented and read from a petition �
consisting of approximately 1 ,050 signatures signed by residents opposed to the
plans proposed by the City Council on September 4, 1979, for the Valley View
Extension. (Page I of petition attached as part of minutes - the complete
petition is on file in the City Engineer' s office) .
Mayor Penzel thanked Mr. hlcKewan on behalf of the City Council for his efforts.
City Manager Ulstad read from position paper, which is going to the Eden Prairie
News, received and signed by approximately 200 residents in the Heritage Park
and Round Lake Estates area supporting the direct route of Valley View Road.
(Page 1 of petition attached as part of minutes - the complete petition is on
file in the City Engineer's office) . Ulstad referred to letter received from
Stephen Longman supporting the direct route (letter attached as part of minutes).
Ken Geason, 7621 Atherton Way, who presented the petition to Mrs. Pauly from
the Heritage Estates and Round Lake Estates residents, reiterated their posi tie;;
as outlined in petition read by Mr. Ulstad.
Council Minutes - 2 - Tues. ,October 2, 1979
B. Receipt of petition from residents opposed to the Val-12y View Extension as
Erg
posed by the City Council on September 4, 1979 continued
Bob Cole, 7160 Parkview Lane, explained the petition circulated by Mr. McKewan
in no way implies that they do not want to see an exit through Valley View
Road. The point they want tc make in the petition is to strongly recommend
that the road not run between the lake and the high school .
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4, 1979
MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the City
Council meeting held Tuesday, September 4, 1979, as published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. Request to set Public Hearing for Michelangelo Gardens PUD for November 6,
1979
B. Request to set Public Hearing for Hidden Glen PUD for November 6,
1979
x
C. Request to set Public Hearing for Mena rd 2nd Addition (Crown Auto Store) for
November 6, 1979
B
D. Request to set Public Hearing for Creekview Estates for November 6, 1979
E. Clerk' s License List
F. 2nd Reading of Ordinance No. 79-23. rezoning Shady Oak Industrial Park 4th
Addition to I-2 and developer's agreement formerly item VIII. A.
G. Authorization to hire codifier (formerly item IX. B. 1 . )
H. Final plat approval for Shady Oak Industrial 4th Addition Resolution No.
79-180 formerly item X. E. 2
I. Final plat approval for Meadow Park (Resolution No. 79-181 ) (formerly item
IX. E. 3
J. Approval of Mitchell Heights Townhouses agreement (formerly item IX. E. 4)
K. Payment of Claims Nos. 5750 - 5889 (formerly item IX. F. 1 )
MOTION: Osterholt moved, seconded by Redpath, to approve items A - K on the
Consent Calendar. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel
voted "aye Pauly "abstained". Motion carried.
IV. ORDINANCE NO. 79-34, REGULATING THE MOVING OF BUILDINGS INTO OR WITHIN EDEN
PRAIRIE
City Attorney Pauly outlined the proposed changes in the ordinance regulating
the moving of buildings into or within Eden Prairie as detailed in his memo
dated September 27, 1979, which have been incorporated into the preliminary
revised draft dated 9/27/79.
Council Minutes - 3 - Tues. ,October 2, 1979
IV. ORDINANCE NO. 79-34, REGULATING THE MOVING OF BUILDINGS INTO OR WITHIN EDEN
PRAIRIE continued
City Attorney Pauly referred to the two alternates on page 3 of the draft
for Council 's consideration. Pauly further explained he contacted several
citizens who have been interested in this ordinance and reviewed the suggested
changes with them and received back additional suggestions; however, they were
not received until the packet last Friday night and he has not had a chance
to incorporate them into the ordinance.
Richard Fischer, 18830 Partridge Circle, commented on various aspects of the
proposed ordinance, i .e. , if the moving of the building is not affecting the
surrounding property they shouldn't have to be notified and involved in the
process. City Attorney Pauly responded to suggestions made by Mr. Fischer. s
c
Jeff Hulting, 18825 Partridge Circle, suggested posting the lard for 30 days
where the house is going to be moved in.
MOTION: ' Usterholt moved, seconded by Penzel , to include Alternate 1 on page 3
of the proposed ordinance in the final draft of the ordinance. Osterholt and
Penzel voted "aye" ; Edstrom, Pauly and Redpath voted "nay". Motion failed.
Bev C ronk, 18895 Pheasant Circle, stated she would be more than willing to
take Alternate 2 over Alternate 1 on page 3 of the proposed ordinance.
MOTION: Redpath moved, seconded by Edstrom, not to accept Alternate 2 as part
of the ordinance as proposed. Redpath, Edstrom and Pauly voted "aye"; Osterholt
y and Penzel voted "nay". Motion carried.
MOTION: Redpath moved, seconded by Edstrom, to give a 1st Reading to Ordinance
No. 79-34, regulating the moving of buildings into or within Eden Prairie with
changes outlined by the City Attorney.
MOTION TO AMEND: Osterholt moved, seconded by Penzel , to amend Ordinance No.
79-34 by having the hearing process held before the City Council and not at the
Board of Appeals & Adjustments. Osterholt voted "aye" ; Edstrom, Pauly, Penzel
and Redpath voted "nay". Motion failed.
MOTION TO AMEND: Edstrom moved, seconded by Redpath, to amend Ordinance No.
79-34 by putting in Section 10 "No person shall move any building on any public
street or highway within the City at any time other than during the hours of 1 A.M.
and 5 AM", and Section 11 to read "Any person moving a building through the
City for which a permit shall not be required shall move such building through
the City within a period of no more than 7 days". Also that language be included
as to the protection ofthe excavation site. Further that the City Attorney
be directed to discuss the 4/5 majority vote prior the 2nd Reading of the Ordinance.
Motion carried unanimously. ----------
Redpa th called the previous question.
VOTE ON PREVIOUS QUESTION: (1st Reading of Ordinance No. 79-34 as amended)
Edstrom, Osterholt, Pauly and Redpath voted "aye". Penzel voted "nay". Motion
carried.
V. METRO PARKS & OPEN SPACE COMMISSION - REGIONAL RECREATION OPEN SPACE - MAJOR POLICY
CHANGES
Elliott Perovich, Chairman of the Metropolitan Parks & Open Space Commission, stated
he is appearing before the Council to answer questions and to receive input so
Council Minutes - 4 Tues. ,October 2, 1979
V. METRO PARKS & OPEN SPACE COMMISSION - REGIONAL RECREATION OPEN SPACE - MAJOR
POLICY CHANGES continued
the Commission can try to put together some recommendations for the hearing
which hopefully will come up the latter part of November with recommendations
to the Metropolitan Council by the first part of January. The process will be
open for a few weeks and they plan to start puttinq together some semblance
of information for that public hearing Process the latter Part of October.
Robert Nethercut. Proqram Director for the Parks & Open Space Division, gave
a brief background on the Metropolitan Parks Act passed in 1974.
Marty Jessen, Chief Park Planner, spoke to the 1974 System Plan which the ,
Metropolitan Council adopted.
General discussion took place and questions were answered by Mr. Jessen and
Mr. Perovich.
Osterholt suggested a presentation be made before the Parks, Recreation & Natural
Resources Commission. Jessen replied they would be more than willing to do so. '
No action necessary.
.h
V1. PUBLIC HEARINGS
A. Bluff's West 3rd Addition by Hustad Development Corporation. Request to
rezone from Rural to R1-13.5 and preliminary_plat 169 single family homes on
84 acres . Located west of Homeward Hills Road, north of Bluff's West 2nd
and East of B.F. I . Landfill and "A" and "B" zones of Flying Cloud Airport.
(Ordinance No. 79-14 - rezoning , and Resolution No. 79-96 - preliminary plat)
Continued Public Hearing from September 4, 1979.
Edstrom restated his conflict with Hustad Development Corporation has been
resolved with the removal of any Hustad business from his lawn firm.
Jim Ostenson, Hustad Development Corporation, commented at the last Council
meeting there were basically two areas of concern, one was the proximity of
the property to the airport and lotsthat were bordering on the flight zone,
and also the number of lots that were requiring a variance, Ostenson referred
tq the new revised plat which took into consideration both of those concerns .
Initially when Hustad proposed the plat they were requesting side yard variances
for about 60 - 65% of the lots , at the last meeting they reduced that number
to 40%, and have now reduced it further to 25%. In addition, Ostenson stated,
they have done some slight modifications of street alignment which has allowed
them to pull the lots further back from the flight zone and in doing so have
1) dropped a lot that was adjacent to the flight zone increasing the size of
the lots , and 2) increased the park size from 16 acres to 19.1 acres. The
proposal is at 169 lots and none of those lots are less than 10,000 square feet,
Ostenson displayed a map showing the revised plat with the changes in the street
alignment and 3 phases of the project.
Osterholt asked Mr. Ostenson if the developer would have any objection to the
placement of signs in the area with notice that the land is adjacent to or h
somewhat affected by the flight zone at Flying Cloud Airport and for further
information to call Eden Prairie City Hall . Ostenson stated he would be
willing to sit down and work something out as suggested by Mr, Osterholt,
Council Minutes - - Tues . ,October 2, 1979
A.
A Bluff's West 3rd Addition (continued)
\ . r
Penzel questioned if the developer would be amendable to having a qualified
archaeologist present during grading operations to insure that no signficant
finds were inadvertently destroyed. Ostenson responded he has no problems with
someone being on the site at the time of grading,but does have some concerns
regarding the liability in case somebody is injured.
Penzel further asked if Hustad were to uncover something would the contractor
agree to the request from the archaeologist to cease further action until the
question has been resolved? Ostenson replied in the affirmative.
Mrs. Koshenina, 10541 East Riverview Drive, commented she is pleased to see
the proposal as a single family addition, and Mr. Ostenson spoke to the phasing
of the project as requested by Mrs. Koshenina.
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and
give a 1st Reading to Ordinance No. 79-14, rezoning Bluff's West 3rd Addition
by Hustad Development Corporation from Rural to R1-13.5. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-96,
approving the preliminary plat of 169 single family homes on 84 acres in
Bluff's West 3rd Addition by Hustad Development Corporation. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Redpath, tc direct Staff to draft a
developer's agreement incorporating the recommendations of the Planning
Commission, that an archaeologist be present at least for the preliminary
test, and that signage of the area regarding the proximity to Flying Cloud
Airport be included. Motion carried unanimously.
B. Request for Munici al Industrial Development Bond approval in the amount of
41 ,500,000.00 for Eden Prairie Partners Resolution No. 79-173 Continued
from September 18, 1979
City Manager Ulstad explained the City has not received any further information
on this request.
Malcolm Reid, one of the owners of the buildings, stated at the September 18th
Council meeting one of the concerns of the Council had was that they had a 30-
year mortgage commitment and the tenant was only taking the lease for
approximately 3 years. The mortgage commitment in fact is a 15-year mortgage
commitment, and since the Council meeting he has spoken with Fabri-Tek and
has discussed new and revised lease terms1and the most major term is the fact
that they would be willing to take the space on the duration of the mortgage
for 15 years. Fabri-Tek itself will be investing anywhere from $50,000 to
$100,000 in specialized improvements to the building. Fabri-Tek will also have
an option to lease any additional space in the project which comes up on the
terms which will be the same as in their lease. One of the major functions
of the building will be to serve as Febri-Tek's corporation headquarters, and
also the manufacturing of memory products for the computer industry and will
be employing 150 - 200 people.
Reid further spoke to another concern expressed by Council members as to the
condition of the tenant. At the outset Reid stated the mortgage company
that would be lending the money has reviewed the project and its financial
capabilities along with the tenant, and it is their opinion that first of all
Council Minutes - 6 - Tues. ,October 2, 1979
B. Request for MIDB's for Eden Prairie Partners (continued)
they wouldn' t want to finance a project that was a spec type project. They
made a thorough examination of Fabri-Tek and feel that they would be more than
happy to have us rent to Fabri-Tek and to finance the project. .
Last year Fabri-Tek posted a loss of approximately 2 million dollars on about
30 million in revenues and 20 million in asses. That loss was primarily
made up of non-recurring losses . The projections are for the balance of the
year and beyond that Fabri-Tek will be in a profit mode.
Reid conunented public offering would be a nice way to go, but it makes
this project infeasible because the cost of public offering is approximately
$1001000.00,which makes it a negative cash flow project and no one investor
wants to be involved.
Mr. Reid answered questions of Council members.
City Attorney Pauly spoke to the amended page 4 to be substituted in the
resolution, which contains the change in Section 3.3 that provides that
"the City retains the right in its sole discretion to withdraw from its
participation should it feel inclined to do so" as opposed to the previous
language.
Penzel explained he will abstain from voting on this proposal as his employer,
Honeywell, has an interest in the present building Fabri-Tek is now leasing.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Fearing
and adopt Resolution No. 79-173, granting the request for Municipal Industrial
Development Bonds in the amount of $1 ,500,000.00 for Eden Prairie Partners.
Edstrom, Redpath and Pauly voted "aye" ; Osterholt voted "nay"; and Penzel
"abstained" . Motion carried.
v 1
C. Public Hearing for 1979 Special Assessments I . C. 51-319 and I. C. 51-334)
Resolution No. 79-174A (Continued from September 18, 1979
City Manager Ulstad stated that at the Council meeting on September 18,
1979, Resolution No. 79-174 relating to Special Assessments was adopted
excluding therefrom item 2, I .C. 51-319, Street Improvements in Norseman
Industrial Park 2nd Addition (West 74th Street) , and item 6, I.C. 51-334,
Drainage and Street Improvements on Singletree Lane, and the Public Hearing
with respect to items 2 and 6 was continued to the October 2, 1979 Council
meeting. Mr. Ulstad stated that item 6 has now been resolved inasmuch as
Amoco is going to construct the outlet for the storm sewer. With respect
to item 2, the City engaged the services of Russell Smith Associates, Inc. ,
Real Estate Appraisers and Counselors, to consult with the City as to the
benefits to the abutting property owners resulting from the improvements
to West 74th Street. Russell C. Smith of the firm investigated the matter
and prepared a written report of his findings and conclusions dated
Uctober 1, 1979 which were presented to the meeting and made a part of the
record thereof. At the previous meeting of the Council held on
September 18, 1979, City Engineer Jull ie stated that property owned by
Condor Corporation Parcel (1310) proposed to be assessed in the amount of
$34,955.62, to which Condor objected, was benefited, inasmuch as the
improvement abutts Condor's property and its representatives indicated a
desire to have a driveway access to West 74th Street, which is being provided
for in the improvement. Mayor Penzel stated his recollection that when
the Condor proposal was before the Council in the past, it was anticipated
that Condor' s land would have access to West 74th Street. Parcel (1310)
is approximately 650 feet by 742 feet and contains approximately 11 acres,
its northerly line line abuts West 74th Street approximately 742 feet, and
its easterly line abuts Washington Avenue approximately 650 feet.
Council Minutes - 7 - Tues. ,October 2, 1979
C. Public HeariM for 1979 Special Assessments (I .C. 51-319 and I.C. 51 .334)
Resolution No. 79-174A (Continued from September 18, 1979) Continued
MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing with
reference to item 2, I.C. 51-319, Street Improvements in Norseman Industrial
Park Second Addition (West 74th Street) , and item 6, I .C. 51-334 , Improvements
on Singletree Lane, 1979 Special Assessments and adopt Resolution No. 79-174A
approving the 1979 Special Assessments relative to those items. Motion
carried unanimously.
D. Request for Municipal Industrial Development Bond approval in the amount of
1 ,200,000.00 for Fred Falk & Robert t+!urra Resolution No. 79-176
Stanley Dobrin, Highland Financial Group, representing Mr. Falk, stated they
will be acting as the mortgage broker for the financing beino requested and
Proceeded to describe the project. Mr. Dobrin explained Mr. Falk owns
Reliable Automotive, and Reliable Automotive will be the sole tenants of the
building. Mr. Murray for tax reasons will stay in the ownership and there will
be a partnership created initially. Mr. Murray will be a partner in that
partnership for 13 months and then will be taken out in total which is
being done for tax reasons for Mr. Murray's benefit. The building will be
master leased to Reliable Automotive and as they don' t need the full building
at this time, but anticipate using it within the next three to five years ,
20,000 square feet will be sublet on a short term basis. Marvin Inger,
bond counsel for the proponents, also was in attendance and available to
answer questions of Council members.
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-176,
approving the request for Municipal Industrial Development Bonds in the amount
of $1 ,200,000.00 for Fred Falk & Robert Murray. Redpath and Edstrom voted
"aye"; Osterholt, Pauly and Penzel voted "nay". Motion failed.
E. Certification of 1980 City Budget (Resolution No. 79-162)
Mayor Penzel referred to the revisions the Council received in their
packet which the Council requested Staff to make. Penzel asked for any
additions or changes.
Penzel asked if there is any possibility of making available vehicles which
are taken out of police services for the Fire Department to use to drive
to and from their training site in St. Bonifacius. Ulstad replied he has z
reviewed this approach with the Public Safety Director and it is reasonable
that there may be one of two vehicles that would be available towards the
end of the year for this purpose.
MOTION: Osterholt moved, seconded by Redpath, to add an additional 1/2 mill
levy to the contingency fund of the 1980 City budget. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-179,
approving the 1980 City budget as amended and instructing the City Clerk
to certify the 1980 ad valorem tax levy: Roll Call Vote: Redpath; Pauly,
Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously.
VII . REPORTS OF ADVISORY COMMISSIONS
A. Park Bond Referendum Committee Report
Jerry Kingrey, member of the Park Bond Referendum Committee, introduced
other committee members present - Mary Lee, Sharon Levitt, Gloria Pond,
74.1
Council Minutes - 8 - Tues. ,October 2, 1979
7
A. Park Bond Referendum Committee Report (continued) h
Marie Cornett, Ed King, Jerry Wigen , and spoke to Section I of the Report
dated September 25, 1979, which the Council had received. Jerry Wigen
spoke to Section II of the Report.
Mr. Kingrey and Mr. Wigen answered questions of Council members.
Osterholt asked in terms of information that is going to be presented to the
public, are the sites going to be identified -and* more specifics as to what the
public is being asked to support. Kingrey replied they have to identify the
neighborhood sites , but would like to pose that in the wa;; of an area rather than
a site. Doesn't want to tie themselves to a site except where those sites are
acquired.
Osterholt felt the proposal would sell better if the people could identify
with it.
Wigen explained the School Board has met and has come up with a recommendation
which they voted on stating something to the effect they will approve this type
of facility, a communuity recreation center via a swimming- pool complex, w
on their property under certain stipulations from a distance of zero up to 100
feet. The advantage we may have if this can be worked out between the
School Board and City Council would be the fact that if such a facility could be
attached physically to the exterior of the High School gymnasium, costs will
be cut down on the building of the building. The other advantage to that
would be the operational costs, in the fact that one exterior wall would be
eliminated.
Osterholt questioned if the people who live in the Hopkins or Minnetonka
School District would be interested in supporting a bond referendum where the
facility would be located on the Eden Prairie School District #272 property.
Wigen stated he talked to maybe four people randomly from the Sun Directory w
who were generally not supportive of any bond referendum in Eden Prairie,
as their children play with kids from other areas and go to school with kids
from other areas. Not only were they not supportive of this type of facility,
but generally were not supportive of any bond referendum at all .
MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the
11 :30 PM scheduled adjournment time. Motion carried unanimously.
Don Redinius , 9524 Woodridge Circle, commented the Creekwood residents have a
concern on the park referendum and that is the use of the funds if the
referendum is passed. The concern being that none of this money will be used
for the acquisition of new parkland as they feel there is a need for parks in the
Creekwood area. Redinius stated having worked with the Parks, Recreation &
Natural Resources Commission on this issue, one of the obstacles they have run
into all the time is that there isn' t any money. It seems if there is some
money coming up in a referendum, it is possible some of their needs in that
area could be satisfied. Mr. Redinius suggested in the upcoming referendum a s
line item be placed in that referendum that would dedicate some funds to the
acquisition and development of a park in the Creekwood area in the neighborhood
of five to six acres. Something that would allow some open space for the people
to organize such games as football , softball , etc. , a skating rink, and also
slides and maybe a swing set for the smaller children. They are not looking
for an exotic type park system that is very expensive, Mr. Redinius noted.
Council Minutes - 9 - Tues. ,October 2, 1979
A. Park Bond Referendum Committee Report (continued)
Director of Community Services Lambert explained he has met with the residents
of the Creekwood area regarding their concern about a park and indicated to
them that he agrees with their need for a park and felt the area to look for as
a site is the area east of them. Lambert stated he has talked to Lee Johnson
of The Preserve as they own the acreage in question. Lambert indicated to
Mr. Johnson we are looking at about 5 acres of fairly flat useable, developable
land for an active use area. The Preserve indicated they would look at that
and see if it is reasonable as far as making that kind of commitment in coming
through the PUD process within the next few months . As it stands now, The
Preserve is looking at that and will come in with a concept idea and talk to
staff about it within about 30 days
Council suggested that the Creekwood park site to the east be included on the
map as a potential acquisition site within the framework of the proposal .
Penzel asked if the Council were to proceed with the report, what time frame
would be permitted under state law under which a proposal could be put forth
before the voters. City Attorney Pauly responded the process includes the
appointment of election judges, which is a 25-day requirgment, and two weeks
publication of notice of election and ten days posting of it.
Osterholt stated he would like more details on the operating costs for the ice
arena and the swimming pool , and asked what if we were to have a bond referendum
and sell the bonds and when we go to build the facility there is a million
dollars short- then where are we? City Attorney Pauly replied you either have
to find some more funds through an additional authorization or cut down
on the scope of the project.
Dick Anderson, Chairman of the Parks, Recreation & Natural Resources Commission,
commented it would be difficult to find out what the operating costs would
be of such facilities as there are very few facilities of this -natuee.
y
Pauly asked what happened to the funds which were previously collected for an
ice facility? Wigen replied that has been discussed on numerous occasions at the .
Hockey Association meetings and what they have determined is that the balance
of the funds, which are now in the bank, in the event a bond referendum is
successful that everyone who has contributed to that financially at this point
in time will be given the option of receiving their money back on so many cents
per dollar - because there have been expenses which have occurred as well ,
or the fact that money will be donated to that facility to purchase scoreboard
facilities, ice marking equipment, etc. A plaque of recognition would hang
in the building with those people's names on it. The actual cash at this
time is about $11 ,000 to $12,000.
Osterholt felt the referendum should be in the form of two questions -
one on park acquisition and one on the facilities essentially at the high
school site.
Kingrey suggested the question might be "shall the City of Eden Prairie issue
its general obligation bond in an amount not to exceed 3.5 million dollars to
provide funds for the acquisition and betterment of lands, buildings and
4r facilities for a program of public recreational development".
John Reedy, Topview, addressed the issue of a single issue bond referendum)
stating the priorities are to develop the land we have, to acquire the additional
needed lands in the community, to develop our hike/bike trail system, and to
fix up the facilities that are already being very actively used. Those summed
up would form the highest priority. Then, according to Mr. Reedy, we have some
Council Minutes - 10 - Tues. ,October 2, 1979
A. Park Bond Referendum Committee Report (continued
a whale of a lot more expensive and more importantly than that, they are
nebulous at this point. Reedy stated by tying our shirttails to one issue, by
having nebulous issues that cost us a whale of a lot of money, we may be find- ;x .
ing ourselves regreting tonight' s decision if we put it all into one item, and
thereby may lose all the things that we recognize to be high priority items .
Reedy commented the Council has an important decision to make and that is perhaps
one of postponing this issue for just a relatively short period of time and
authorizing some funds to help the people accomplish a very important mission -
that is let's get a handle on the costs so we can tell the people in a very
informed fashion exactly what the costs of this facility will be. Given {,
that, he believes we could then put it on as 1 , 2 or 3 issues, all the facts
would be on the table and we would have at least a good hope of having an
informed citizenry make an informed vote.
Kingrey explained the committee finding was that if it is placed as one = f
question they will not vote against something that they definitely need in A
order to vote against something that they don' t necessarily want or don't know
about. A single question is by far the best way of passing a referendum and
the committee is for one question.
MOTION: Redpath moved, seconded by Edstrom, to continue this item to the
Special Council meeting on October 10, 1979, however, authorizing Mr. Frane
to start the election judge selection process, and authorizing Mr. Lambert
to undertake whatever research is necessary to provide the Council with some
operational costs. Motion carried unanimously.
VIII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 79-33, rezoning Shady Oak Industiral Park 4th
Addition to I-2 and developer' s agreement
This item was moved to the Consent Calendar (III. F. ) .
B. Resolution No. 79-178, granting final approval for Municipal Industrial
Development Bonds in the amount of 2,250,000.00 for United Properties/
Northland Mortgage
Boyd Stofer, Vice President for United Properties, spoke to the project
and answered questions of Council members.
Finance Director Frane explained the City Attorney's office has reviewed
the proceedings and has determined everything is in order.
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-178,
granting final approval for Municipal Industrial Development Bonds in the
amount of $2,250,000.00 for United Properties/Northland Mortgage. Motion
carried unanimously.
Redpath was excused from the Council meeting at 12:45 AM.
C. Resolution No. 79-179, agreement with Logis and Optimum Systems, Inc.
Finance Director Frane explained this is a reaffirmation. The Council never
passed a Resolution but it was agreed to by the Logis organization and
Optimum Systems who sold us that we wouldn' t give away their system to
anybody else. We are not entitled to give it to anybody who is not a member
of Logis.
MOTION: Osterholt moved, seconded by Edstrom, to table this item and
Council Minutes - 11 - Tues. ,October 2, 1979
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Councilman Osterholt
Osterholt requested that staff try to streamline the agendas, i .e. ,
setting public hearings for a time certain and moving some items
ahead of the public hearings . Report on this request to be given to
Council members at a future meeting.
2. Mayor Penzel
a. Penzel reported that the Hennepin County Board of Commissioners did
take Eden Prairie's SLggestion to leave the Crosstown on the five-year
capital improvement program unfunded.
b. Per,zel commented the City has had a problem of the grading permit in
the Menard's area. However, in reviewing the issue with Menard's
contractor and the Menard's people, they have agreed to restore the
area including the transplanting of the appropriate trees.
B. Report of City Manager
1. Authorization to hire codifier
This item was moved to the Consent Calendar (III. G. ) .
C. Report of City Attorney
No report.
D. Report of Director of Communiy Services
1. Amendment to Joint Powers Agreement/Round Lake Park (ballfields)
Continued from 9/18/79)
City Manager Ulstad requested that this item be continued to a future
Council meeting.
MOTION: Edstrom moved, seconded by Pauly, to continue the amendment to
the Joint Powers Agreement/Round Lake Park (ballfields) to a future
Council meeting. Motion carried unanimously.
2. Hidden Ponds Park Status
City Manager Ulstad spoke to the status of the Hidden Ponds Park as outlined
in Mr. Lambert's memo.
No action necessary.
3. Historical & Cultural Commission recommendation on Grill House
`- City Manager Ulstad reviewed the memo from Director of Coninunity Services
Lambert dated 9/29/79, explaining that the Historical & Cultural Commission
is now meeting at the Brown house and has been for about 2 1/2 years. The
use of that facility is considered interim because of its location in a
regional park. The Grill house at Staring Lake Park is now the property
Council Minutes - 12 - Tues. ,October 2, 1979
3. Historical & Cultural Commission recommendation on Grill house (continued)
of the City and the recommendation -from the Commission is that we employ
an architect to give us a report on what the cost would be to restore the , .
Grill house so the Commission could meet there rather than the Brown
house. �
MOTION: Pauly moved, seconded by Edstrom, to authorize staff to try
and find an architect to give a free estimate on what it would cost to
restore the Grill house o, if that is not possible,hire an architect
to do so. Motion carried unanimously.
4. Accept bids for improvements at Bryant Lake Park
MOTION: Osterholt moved, seconded by Edstrom, to award the bid
to the lowest responsible bidder, W. J. Ebertz, Grading & Excavating,
in the amount of $68,857.50 for improvements at Bryant Lake Park as
recommended by staff. Roll Call Vote: Osterholt, Edstrom, Pauly and
Penzel voted "aye". Motion carried unanimously.
E. Report of City Engineer
1. Mn. PCA grant proqram for wastewater treatment facilities in the Rural
Service Area Resolution No. 79-192
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 79-192,- authorizing grant application for wastewater treatment
alternatives. Motion carried unanimously.
2. Final plat approval for Shady Oak Industrial 4th Addition (Resolution
No. 79-180
This item was moved to the Consent Calendar (III . H. )
3. Final plat approval for Meadow Park (Resolution No. 79-181 )
This item was moved to the Consent Calendar (III. I . ).
4. Approval of Mitchell Heights Townhouses agreement
This item was moved to the Consent Calendar (III. J. ).
F. Report of Finance Director
1. Payment of Claims Nos . 5750 - 5889
This item was moved to the Consent Calendar (III. K.)
X. NEW BUSINESS
No new business,
x
XI . ADJOURNMENT
MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting
at 1 :00 AM. Motion carried unanimously.
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4
SPECIAL ASSESSMENTS
TAX PARCELS 1 310 , 1 320 , 2005 & 8000
LAND ABUTTING WEST 74TH STREET WEST
OF WASHINGTON AVENUE
EDEN PRAIRIE , MINNESOTA
RUSSELL SMITH ASSOCIATES, INC.
Real Estate Appraisers and Counselore
1007 MIDWEST PLAZA EAST • 616-339-0659
MINNEAPOLIS, MINNESOTA W402
RUSSELL SI11I'1'H ASSOCIATES, INC.
Real Estate Appraisers and Counselors
1007 MIDWEST PLAZA FAST • fIv'-SS9-(6510
MINNFA11013S. MINNESOTA 55-Wt
RUSSELL C. GXIITII
PHILLIP C. SMITH
October 1 , 1979
Mr. Roger Pauly, Attorney
k Suite 4108
IDS Center
80 S. 8th Street
Minneapolis, Minnesota 55402
In Re: Our File #79193
Tax Parcels 1310, 1320, 2005 & 8000
Land Abutting West 74th Street West
of Washington Avenue
Eden Prairie, Minnesota
Dear Mr. Pauly:
At your request I viewed four tax parcels at the above location in order that
I might advise you of my judgement relative to the assessments for West 74th
Street, as it relates to those parcels.
I note that two of the properties parcels numbers 8000 and 1310 front on Washing-
ton Avenue, so that West 74th Street as it relates to those parcels is a side
street. I note also that curb cuts are in place or in progress of being installed
at the rear of each of these two parcels. Parcel 2005 and 1320 both front on the
new street and West 74th Street is their main method of ingress and egress. I
am informed that a partial West 74th Street existed prior to the construction of
the new West 74th Street and that right-of-way was acquired, in part, to construct
the new street. Credits were given for existing streets and charges were made
for additional right of way costs in the assessments.
9
When viewing the street and the adjacent parcels and recognizing that the con-
struction of West 74th Street provides additional flexibility and utility of the
two properties which abut West 74th Street and Washington Avenue and provide total
ingress and egress to the other two parcels, it is my opinion that the value of
each parcel has been enhanced at least by the amount of the assessment for the
construction of the street.
I am advised of the proposed assessment and note that the maximum assessment to
any of the abutting properties is approximately $4,000 per acre.
At your request, I have not prepared a formal appraisal report at this time but
rather submit the findings of my investigation in a counseling manner, subject
to the completion of a formal appraisal report. Should you desire a formal appraisal
on the property which would be an estimate of value of each individual parcel before
the installation of West 74th Street and after the installation of West 74th Street,
RUSSELL SMITH ASSOCIATES, INC.
Mr. Roger. Pauly
Page two
October 1 , 1979
I would be happy to prepare such an appraisal report for you.
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If I can be of further service to you in this matter, please advise.
Yours ve truly,
l
Russell C. Smith
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RUSSELL SMITH ASSOCIATES, INC.
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ASSUMPTIONS AND LIMITING CONDITIONS
General Assumptions
1. The legal description used in this letter is assumed to be correct.
2. No survey of the property has been made by the appraiser and no
responsibility is assumed in connection with such matters. Any
sketches in this letter are included only to assist the reader in
visualizing the property.
3. No responsibility is assumed for matters of a legal nature affecting
title to the property nor is an opinion of title rendered. The title
is assumed to be good and merchantable.
4. Information furnished by others is assumed to be true, correct and
reliable. A reasonable effort has been made to verify such informa-
tion; however, no responsibility for its accuracy is assumed by the
appraiser.
5. All mortgages, liens, encumbrances , leases , and servitudes have been
disregarded unless so specified within the letter. The property is
appraised as though under responsible ownership and competent
management.
6. It is assumed that there are no hidden or unapparent conditions of
the property or subsoil which would render it more or less valuable.
No responsibility is assumed for scup conditions or for engineering
which may be required to discover them.
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7. It is assumed that there is full compliance with all applicable
federal , state and local environmental regulations and laws unless
noncompliance is stated, defined and considered in the counseling
letter.
8. It is assumed that all applicable zoning and use regulations and
restrictions have been complied with, unless a nonconformity has
been stated, defined and considered in the counseling letter.
9. It is assumed that all required licenses , consents or other legislative
or administrative authority from any local, state or national govern-
mental or private entity or organization have been or can be obtained
or renewed for any use on which the value estimate contained in this
report is based.
10. It is assumed that the utilization of the land is within the boundaries
or property lines of the property described and that there is no en-
croachment or trespass unless noted within the counseling letter.
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1
RUSSELL SMITH ASSOCIATES, INC.
ASSUMPTIONS AND LIMITING CONDITIONS - Cont'd
General Limiting Conditions
a
1. The appraiser will not be required to give testimony or appear in
court because of submitting this letter, with reference to the
property in question, unless arrangements have been previously made
therefor.
2. Possession of this letter, or a copy thereof, does not carry with it
the right of publication. It may not be used for any purpose by
any person other than the party to whom it is addressed without the
written consent of the appraiser, and in any event only with proper
written qualification and only in its entirety.
3. No environmental impact studies were either requested or made in
conjunction with this letter, and the appraiser hereby reserves
the right to alter, amend, revise or rescind any of the value
opinions based upon any subsequent environmental impact studies,
research or investigation.
4. Neither all or any part of the contents of this letter, or copy
thereof, shall be conveyed to the public through advertisinrg,
public relations , news, sales or any other media without written
consent and approval of the appraiser. Nor shall the appraiser,
firm or professional organization of which the appraiser is a member
be identified without written consent of the appraiser.
5. The letter relating to the property described and attached is intended
as a counseling type of letter. It is not intended to be an appraisal
report as such. The opinion of value expressed is based on experience
and appraisal background but not documented in the normal method of
real estate appraisal . The letter is submitted in a counseling manner
expressly at the request of the addressee. Should a detailed appraisal
report be required at some future date, the appraiser agrees to pre-
pare such a report. Additional time and cost of preparation would
be required,
6. Acceptance of and/or use :of this counseling letter constitutes
acceptance of the foregoing general assumptions and general limiting
conditions.
RUSSELL SMITH ASSOCIATES, INC.
y:
PROFESSIONAL QUALIFICATIONS OF RUSSELL C. SMITH
Russell C. Smith has been actively and continuously engaged in the
real estate appraisal profession since 1950. During this time he
has appraised all types of property ranging from vacant land to resi-
dential, apartment, commercial and industrial property including income
properties and special purpose properties.
Mr. Smith is a graduate of the University of Minnesota with a B.A. degree
in archi tecture. He has completed real estate appraisal courses offered
by the University of Minnesota and by the American Institute of Real
Estate Appraisers. He is instructing in "The Appraisal of Special Purpose
and Industrial Buildings" in the University of Minnesota Extension Division.
For the first five years in the appraisal field, he was employed by the
Appraisal Service Company, appraising industrial and commercial properties.
For the next two and one-half years, he was employed by Investors Diversified
Services , Inc. , Mortgage Division, appraising commercial and industrial
properties and managing commercial properties, including shopping centers.
While employed by these firms, Mr. Smith completed appraisals in Milwaukee,
Wisconsin; Louisville, Kentucky; Dallas, Texas ; Chicago, Illinois; and
many of the larger cities throughout the United States.
From the fall of 1957 to January, 1972, Mr. Smith was associated with
A. D. Strong Company as Senior Vice President and Manager of the Appraisal
Department. Mr. Smith appraised a 1 l types of real estate ranging from
single family residential to special purpose properties while at that
company.
Between January, 1972, and December, 1974, Mr. Smith was a partner in the
firm of Boblett and Smith, Real Estate Appraisers and Counselors, special-
izing in appraisal and counseling related to the real estate field.
On January 1 , 1975, Mr. Smith formed Russell Smith Associates and since
that date has continued in the field of real estate as an appraiser and
counselor.
Mr. Smith has qualified as an expert witness in courts of law. He is
often appointed to serve as Commissioner in condemnation proceedings by
judges of the District Bench.
Mr. Smith has been awarded the designation "S.R.P.A." in the Society of
Real Estate Appraisers. He is an associate member of the Minneapolis
Board of Realtors and is a licensed real estate broker.
Mr. Smith has appraised property for such public agencies as the Minnesota
Department of Highways, Minneapolis Housing and Redevelopment Authority,
Hennepin County, City of Minneapolis, University of Minnesota and most
of the Minneapolis suburban communities. Some of the major corporations
for whom appraisals have been completed are General Mills, Honeywell,
Dayton's, Equitable Life Assurance of the United States , and Investors
Diversified Services. He has completed appraisals for numerous banks and
mortgage companies and many other private and public companies and individuals .
Sept. 26, 1979
Eden Prairie News
15716 West 76th St. SV
Eden prairie
To the Editor #
For the last six weeks I have been reading in the paper
how no one in Eden Prairie is in favor of the direct route for
Y'
Valley View Rd. I think it's important to remember that whenever
it'e time to complete a road that has been carefully planned for
a decade • the local neighbors rise up in shocked indignation.
a
Everyone understands this feeling, we' ve all been there ourselves.
Progress that is in the beet interest of the community must
Invariably upset a few.
Now it has been suggested by the opponents of the direct
route that Valley View be routed south of Round Lake because
the high school students cannot cross a busy street alone.
I would like to point out that a route to the south of the lake
would be a real traffic hazard to the small children who walk
or ride their bikes to the ssxf park from the large and growing
neighborhood to the south. The City Council knows how desperatly
we need this northerly "direct" route out of the Heritage Rd*
area and I know they will do what In best for all of Eden Prairie.
Stephen Longman
k A
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Eden Prafri®
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September 24 , 1979
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There has been considerable discussion in the paper recently
related to how no one is in favor of the city decision on
Valley View Road . Additionally , we have seen several letters
to the editor of the Eden Prairie News speaking out against
the current plan for Valley View Road with comments suggesting
also that no one favors the route .
We are home owners in Heritage Park and Round Lake Estates
who currently must exit and run only from Highway 5 . Last
year , and after 4-6 years of related debates , the City Council
approved a plan which provides for several means to exit and
return to the neighborhood . These are as follows :
1 ) The existing Highway 5
2 ) A circular route to Highway 4
via Luther Way ( i .e . East )
3 ) A circular route out to V311ey View
via 72nd Street ( i . e. North)
a ) Note : This northern route
opens options for traveling
East or West on Valley View
with its proposed connection
to Dell Road .
4) Future western exit to Dell Road
When the current proposed new homes in Round Lake Estates and y ?
Lake Trails are completed , there will be approximately 137
additional residences in this area . Those combined with
existing homes add up to a total in the area of in excess of
200 residences . z
The Council ' s decisions to open up entrances and exits to a
suburban home area keeping traffic flowing in all directions
is a correct one .
The existing route of Valley View assures us a fair compromise
providing safety , access to Round Lake Park and access to the
High School as well .
THE UNDERSIGNED HOMEOWNERS FAVOR THE COUNCILS DECISION.AS TO THE
DIRECT ROUTE df Vallet View and its westward connection to Dell Road.
Should Valley View not connect to Dell Road the undersigned will ' .
have grave concern as to the connection of 72nd to Valley View as
such connection will cause further traffic congestion at Heritage
Road and Hwy .5 which is now a HIGH RISK entrance and exit with only
the existing homeowners use let alone the additional development
of approximately 137 homes plus additional traffic off of Valley
View coming from the High School .
:s
i':,t:t ion to the City" C:,uncil of Edt n Prairie and to the Riley-Purgatory
„y Creek 1;atershed District Board
Ve , the undersigned citizens of Eden Prairie wish to express our strong
opposition to the plans proposed by the City Council on September 4 , 1979 , '
for the Valley View Extension. We feel that the proposed timing and
phasing is not in the best interests of the community at large. Further-
more, because of our great conc:=rn for the safety of our children, for the
water quality of our recreational lake , and our desire for an improved
park system, we specifically do not wish to see any road either splitting
Round Lake Park or going between Round Lake and our new high school.
ADDRESS DATE
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