City Council - 10/16/1979 APPROVED MINUTES .
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 16, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
CuUiiCIL 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: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
NULL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were moved to the Consent Calendar: VI . A. Petition from
Creekwood Homeowners Association; VII . A. 2nd Reading of Urdinance No. Z8 ,
rezoning Village Woods *Second anil approval of developer's agreemen . 2nd
Reading of Ordinance No. , regu a ing moving of bulidings in o or w T tW i nn "-
Eden rairie; V11. U. Resolution No.- -/V-194, granting Tinal approval o
unicipa rjdu s-tr—i`51 ve opment bonds in the amount o 1 ,200,000.00 Tor the
Kirscn i ornpany, Resolution No. - , appointing election judges for the
November l5th Park nd Referendum; s on ovic ome;
Amendment to Joint Powers AgreemenRound Lake Park (baliffelds) ;
Vill.
U.
4. Request to advertise or bids or improvements o e roo on a Horse
Barn at the Bryant Lake Stables; E.
l
Change Ur der o. or sewer
connection on project . �=33 , Super au site; ange Urder
No. I for su gra a correction on project - 2 ig trail Lsfates;
ange Urder No. I tor plan changes on project -
ipp s Mitchell HeightsFinal plat approval or Village Woods
n (Resolution No. Request o advertise or bids tor
sewer connection at BryantLake Stables; Virl . F . 2. Payment ot Ulaims.
Nos. 589U - 5 e 3. eso u ion o. - setting November 20th
as a sae a e for , , of General1ga ion Bonds; an . Vill . F . 4.
-Request o set a Public Hearing for Municipal Industrialeve opment' Bond
approval or McGlynn bakeries in the amount or $1 ,30U,UUMOU for ovem er 20,
1979.
The following items were added to the agenda under the "New Business" category:
I brochure proposal submitted to the Council on the Park Bond Referendum, and
2� items of concern regarding the telephone company.
MUTIUN: Edstrom moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
ry
II . MINUTES OF THE CITY COUNCIL MEETING MELD TUESDAY, SEPTEMBER 18, 1979
140TION: Osterholt moved, seconded by Redpath, to approve the Council minutes of
September 18, 1979 as published. Motion carried unanimously.
Counci 1 Minutes - 2 - Tues. ,October 16, 1979
Iii. CONSENT CALENDAR
A. Clerk' s License List
B. Final plat approval for Cardinal Creek (Resolution No. 79-187)
C. Approve plans and specifications for Cardinal Creek, Phase 1 improvements , `a
I . C. 51-355 Resolution No. 79-188
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D. Street name changes in Ridgewood West (Ordinance No. 79-38)
E. Receive petition for utility and street extension in proposed Norseman
Industrial Park 4th Addition, I . C. 51-359 Resolution No. 79-189
F. P.:?solution No. 79-190, authorizing permit application for sewer connection p
in Bluff' s West 2nd
G. Petition from Creekwood Homeowners Association (formerly item VI. A. )
H. 2nd Reading of Ordinance No. 283, rezoning Village Woods Second and approval
of developers agreement formerly item VII . A.
I. 2nd Reading_of Ordinance No. 79-34, regulating moving of buildings into or
within Eden Prairie formerly item VII , B.
J. Resolution No. 79-194, granting final apRroval for Municipal Industrial
.Development Bonds in the amount of 1 ,200,000.00 for the Kirsch Company
formerly item VII. C. n
K. Resolution No. 79-195, appointing election judges for the November 15th
Park Bond Referendum formerly item VII. D.
L. Bids on Milkovich Home (formerly. item VIII. D. 2. )
M. Amendment to Joint Powers Agreement/Round Lake Park (ballfields) Continued
from 10/2/79 formerly item VIII. D. 3..)
N. Bequest to advertise for bids for improvements to the roof on the Morse Barn
at the Bryant Lake Stables (formerly item VIII . D. 4. ) -jr/- 310L
0. Change Order No. 1 for sewer connection on project I. C: 51-322. Su er Valu
site formerly item VIII. E. 1.
P. Change Order No. 1 for sub grade correction on 12roLect, I .C. 51-322 Hi h
Trail Estates formerly item VIII. E. 2.
(�. Change Order No. I for plan changes on project I . C. 51-353 Hi 's Mitchell
Heights 4th formerly item VIII. E. 3.
R. Final plat approval for Village Woods 2nd (Resolution No. 79-191) - formerly
item VIII. E. 4.
S. Request to advertise for bids for sewer connection at Bryant Lake Stables
formerly item VIII. E. 5.
T. Payment of Claims Nos. 5890 - 6051 (formerly item VIII . F. 2. )
Council Minutes - 3 - Tues. ,October 16, 1979
III. CONSENT CALENDAR (continued)
U. Resolution No. 79-193, setting November 20, 1979 as the sale date for
T5,100,000.00 of General Obligation Bonds formerly item VIII . F. 3.
V. Request to set a Public Hearing for Municipal Industrial Development Bond
approval for McGlynn Bakeries in the amount of $l 300 000.00 for
November 20, 1979 formerly item VIII. F. 4.
9
MOTION: Osterholt moved, seconded by Redpath, to approve items B - V on the
Consent Calendar, excluding item A which is discussed below. Roll Call Vote:
Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye" . Motion carried
unanimously.
Discussion on item III. A. Clerk's License List
City Manager Ulstad referred to the two negative recommendations on the Elliott
and Farber kennel license requests.
Mr. Elliott, 14301 Crown Drive, explained they have had the 5 dogs for five years,
three which they inherited due to the death of an individual , and asked why
at this time they were requested to apply for a kennel license.
Ulstad explained it was just realized this year that the same person took out five
individual licenses for the dogs, and as a result it was determined they would
be required to have a kennel license The ordinance adopted by the Eden Prairie
' City Council back in 1969 stipulates any individual who owns three or more
dogs is required to obtain a kennel license.
Mr. Elliott was supplied a copy of the Public Safety report and responded to
comments in the report.
Pauly asked if Mr. Elliott would be amenable to the stipulation that when the two
older dogs die,that they would not replace them. Mr. Elliott replied he would
agree to that.
City Attorney Pauly referred to the ordinance which provides in the granting of
a kennel license the Council may establish whatever special conditions are necessary
to protect the public health, safety and general; welfare, thus stipulations could
be placed with the granting of a kennel license.
Mr. Hussey, 14374 Golf View Drive, who lives behind the Elliott's, stated there is
an abundance of dogs in the neighborhood and he has had several problems - not
saying with whose dogs. Penzel suggested special coverage be given in the area
by MAPSI.
Mr. Elliott added it is not their dogs that are running loose and barking as their
dogs are inside, and MAPSI does go through their area quite a bit and their dogs
have never been tagged.
Gene Johnson, 14315 Crown Drive, commented Mrs. Elliott is very kind to her
animals, however, the barking is very irritating at night when he is trying to
sleep. Mr. Elliott stated if that is the only problem, he would be willing to take
the dogs out earlier in the evening.
Ulstad commented on the recommendation for denial of the kennel license application
for the Farber' s residing at 6525 Rowland Road, which was based on visrting with
the abutting property owners.
Council Minutes - 4 - Tues. ,October 16, 1979
Discussion on item III. A. Clerk's License List (continued)
Council suggested that Mr. Ulstad talk to -both the Elliott's and Farber's and z
see what conditions attached to the license they would be amenable to.
MOTION: Osterholt moved, seconded by Edstrom, to continue the kennel license
request by Theresa Elliott and Roger Farber to the November 6th Council meeeting,
and invite the applicants and the Public Safety Officer who wrote the reports
to be present to explain the extenuating circumstances, if there are any, that would
have resulted in a recommendation that the kennel licenses not be granted. 1
Motion carried unanimously.
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IV. PUBLIC HEARINGS
A. Mile West 'Offi ce Building by Bud Andrus.. Request to rezone .78 acres from ;.
C.-Comm. to Office for multi-tenant office building. Located west of Purgatory
Creek and north of MacDonald's. Ordinance No. 79-35}
Bud Andrus, Streeter-Andrus Realtors, and Richard Schwarz, architect for the
project, spoke to the proposal and answered questions of Council members.
Planning Director Enger explained this item was reviewed at the 9/10/79
Planning Commission meeting and the Commission recommended the Council consider
approval of the request for rezoning with the stipulations outlined in the
Staff Report dated 9/6/79.
Greg Gustafson, representing the owners of the property to the east, asked if
the 26 foot wide access easement is substantially the size of the other roads
in the private road system. Enger replied 26 feet is the width of the
existing surface in the road system.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and
give a 1st Reading to Ordinance No. 79-35, rezoning .78 acres from C.-Comm.
to Office for a multi-tenant office building, Mile West Office Building by
Bud Andrus. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to direct Staff to draft a
developer's agreement incorporating the recommendations of the Staff Report
dated 9/6/79 and Planning Commission. Motion carried unanimously.
B. Nemec Knolls by Mr. & Mrs. Donald Nemec. Request to rezone from Rural to R1-13.5 ;
and preliminarX plat 3 acres into 5 single family lots. Located at 9449 Creek
Knolls Road. Ordinance No. 79-36 and Resolution No. 79-183)
The proponent, Donald Nemec, 9449 Creek Knoll Road, offered to answer questions
of Council members.
Planning Director Enger explained this item was considered by the Planning
Commission on 9/10/79 and the Commission recommended the Council consider
approval with the stipulations outlined in Staff Report dated 9/4/79.
Penzel asked if the proponent had any difficulties with the cul-de-sacing
of Creek Knolls Road which the City has talked about. Mr. Nemec replied he
i• does not have any difficulties with the cul-de-sacing and has a tentative
agreement to give the State 75 feet along Creek Knoll Road for a cul-de-sac.
Council Minutes - 5 - Tues. ,October 16, 1979
9 -
B. Nemec Knolls by Mr. & Mrs. Donald Nemec (continued)
Director of Community Services Lambert stated this proposal was heard by
the Parks, Recreation & Natural Resources Commission on 10/15/79 and received
unanimous approval . The Commission recommended that the floodpiain be
dedicated to the City to be consistent to what the City has required along
the creek, and that a scenic easement be placed on the steep slope.
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing y =
and give a lst Reading to Ordinance No. 79-36, rezoning 3 acres from Rural
to R1-13.5 for Nemec Knolls by Mr. & Mrs. Donald Nemec. Motion carried
unanimously.
MOTION: Redpath moved , seconded by. Edstrorn, to adopt Resolution No. 79-183,
approving the preliminary plat for Nemec Knolls, and direct Staff to draft
a deve)oper` s agreement including the temporary cul-de-sac notification sign
and recommendations of the Planning Commission and the Parks, Recreation &
Natural Resources Commission. Motion carried unanimously.
C. Shady Oak Industrial Park (1st) , 3rd, and 5th Addition by Richard Anderson.
Request to: rezone the ist Addition from I-5 to I-2, rezoning of the 3rd & 5th
Additions from Rural to I-2, preliminary_plat approval of 6 industrial lots
in the 3rd & 5th Addition, and finding of no significant impact on Shad Oak
Industrial. Park 1 - 5 based upon the E.A.W. dated 9/79. Located east of
169-/212, south of Crosstown 62, and west of Washington Avenue. (Ordinance
No. 79-37 - rezonin , Resolution No. 79-184 - preliminary plat, and Resolution
No. 79-185 - E.A.W.3
The proponent, Richard Anderson, spoke to the proposal and answered questions
of Council members.
Planning Director Enger explained these items were considered at a number of
Planning Commission meetings because of the total number of requests that came
before the Commission and summarized same, i .e., parking, road system,
screening, access into the property, etc. Enger further spoke to the
modifications which have been made as detailed in the Planning Commissions.
At Mr. Edstrom's request, City Engineer Jullie spoke to the drainage problems,
stating that some storm sewer construction has been added to the project and
tie assumed that would take care of the problems.
x
Greg Dumonceaux, 9377 Mill Creek Drive, architect for Rembrandt Enterprises
(Michelangelo Gardens ) , expressed concerns of screening of this particular e.
development to adjacent landowners as he has not seen a specific landscaping
plan or screening plan to this point. Mr. Dumonceaux also expressed concern
about potential access to the south.
Enger explained the recommendations of the Planning Commission as carried forth
to the Council tonight are that there be an easement given by Mr. Anderson .
to Rembrandt Engerprises to allow access to W. 70th Street
MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing and give
a 1st Reading to Ordinance No. 79-37, rezoning the lst Addition from I-5 to
I-2, and rezoning of the 3rd & 5th Additions from Rural to I-2 for Shady
Oak Industrial Park by Richard W. Anderson. Motion carried unanimously.
MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-184,
approving the preliminary plat for 6 industrial lots in the 3rd & 5th Addition
of Shady Oak Industrial Park. Motion carried unanimously.
Council Minutes - 6 Tues. ,October 16, 1979
C. Shady Oak Industrial Park (continued)
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-185,
finding the Environmental Assessment Worksheet on Shady Oak Industrial . :
Parks a private action does not require an Environmental Impact Statement.
Motion carried unanimously.
MOTION: Pauly moved, seconded by Redpath, to direct staff to draft a
developer's agreement incorporating the recommendations of the Commissions
and Staff, and also that the proponent present a detailed landscaping and
screening plan to be submitted prior to the 2nd Reading of Ordinance No. 79-37 rR
or final plat approval . Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
VI. PETITIONS, REQUESTS & COMMUNICATIONS ` '.
A. Petition from Creekwood Homeowners Association
This item was moved to the Consent Calendar (III. G. )
B. Re uest far transmission line and substation development in Eden Prairie
through the early 1990' s from NSP continued from July 17, 1979 :<..
City Manager Ulstad explained when NSP appeared before the Council on July 17,
1979 there were some questions the Council had of both NSP and the EQB
(Environmental Quality Board). Since that time NSP has formulated their applica-
tion, copies of which have been sent to the Council .
Donald Chmiel , Staff Assistant, Environmental & Regulatory Department of NSP,
showed a rendering on how they propose to locate their facility, and addressed
the information submitted to the Council , including walls, screening,
plantings, design of the substation, towers, etc.
Penzel asked that the representative from the EQB respond specifically as to
what their reaction was to the draft NSP has prepared.
John Hines, Environmental Quality Board - Power Plant Siting Staff, explained
they have looked over the draft that the utility has provided. The EQB does
not determine the need of the project - the energy agency does if that project
is of a certain magnitude. This particular kind of project falls in the
situation where no one does make a strict determination of need. Hines stated
he sees nothing in the information that they have at the EQB through their
forecast and in the document NSP submitted which would say there is a
major discrepancy. As to the actual capacity of transmission lines, etc. ,
that is something the EQB has no expertise in, it relates more to the expertise
that is -in the energy agency.
Osterholt commented he would prefer to have the substation surrounded by a wall .
Mr. Wietecki , NSP, suggested if the project gets that far this would be one of
the things that could be reviewed by the Planning Commission for them to make a
recommendation on, and stated NSP would be willing to work with the Commission
on the specific detai;s.
Oste rholt questioned if in the review of the proposal there could be seen any
potential danger to either people working in the area or surrounding it.
Mr. Hines replied he can see none from his review.
Council Minutes - 7 - Tues. ,October 15, 1979
B. Request for transmission line and substation development in Eden Prairie
through the early 1990' s from NSP Continued
MOTION: Osterholt moved, seconded by Redpath, to request NSP to pursue
the local route on the development of the proposed site as expeditiously
as possible, and when the City is contacted by the State to request exemption
on NSP' s behalf. Motion carried unanimously.
C. Request for extension of developer's agreement for Bryant Lake View Estates
Thelma Haynes) from May, 1980, to May, 1981
Edstrom explained his law firm represents Laukka & Associates, Inc. , and for
that reason he will abstain from voting on this matter.
MOTION: Redpath moved, seconded by Osterholt, to approve the extension of
the developer's agreement for Bryant Lake View Estates (Thelma Haynes) from
May, 1980, to May, 1981 . Redpath, Osterholt, Pauly and Penzel voted "aye";
Edstrom "abstained" . Motion carried.
VII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 283, rezoning Village Woods Second and approval
of developer' s agreement
This item was moved to the Consent Calendar (III . H. ) .
B. 2nd Reading of Ordinance No. 79-34, regulating moving of buildings i nto or
within Eden Prairie
This item was moved to the Consent Calendar (III . I . )
C. Resolution No. 79-194granting final approval for Municipal Industrial
Development Bonds in the amount of 1 ,200,000.00 for the Kirsch Company
This item was moved to the Consent Calendar (III . J. ).
D. Resolution No. 79-195, appointing election judges for the November 15th Park
Band Referendum
This item was moved to the Consent Calendar (III . K. )
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Osterholt questioned the notice for the Cable TV meeting to be held
Wednesday, October 17th, and asked what action, if any, the City is
expected to take.
Ulstad explained a communication was received by City Attorney Pauly
from the Attorney General 's Office and all that is necessary on behalf of
the cities is that we take no action as the cities are not being sued.
B. Report of City Manager
No report.
C. Report of City Attorney
No report.
Council Minutes - $ - Tues. ,October 16, 1979
D. Report of Director of Community tY Services
1. Round. Lake Water Quality Report
Director of Community Services Lambert spoke to his memo dated
October 11 , 1979 requesting approval by the Council to meet with Barr i
Engineering and the Department of Natural Resources to draw up a
management proposal for Round Lake for the next five years and
establish cost estimates. When completed this would be brought
before the Council for approval .
MOTION: Osterholt moved, seconded by Redpath, to instruct staff to
pursue a management proposal with Barr Engineering and the Department
of Natural Resources Commission as recommended by Staff in memo dated
October 11 , 1979. Motion carried unanimously.
2. Bids on Milkovich Home a
This item was moved to the Consent Calendar (III. L. )
3. Amendment to Joint Powers Agreement Round Lake Park (ballfields
Continued from 10/2/79)
This item was moved to the Consent Calendar(III. M. ) .
4. Request to advertise for bids for improvements to the roof on the Horse
Barn at the Bryant Lake Stables
This item was moved to the Consent Calendar (III. N. ).
5. Request from Historical & Cultural Commission to publish a book on the
history of Eden Prairie
Carol Hone, Chairwoman of the Historical & Cultural Commission,appeared
before the Council referring to men.o from Recreation Super-visor Sandy a
Werts, dated October 12, 1979, outlining in detail the request of the
Historical & Cultural Commission to publish a book on Eden Prairie. Ms.
Hone requested approval by the Council to publish a book entitled "Eden
Prairie: The First 100 Years" , which Helen Anderson has written. The
book is complete and ready for publication. Ms. Hone also spoke to the
request for the "Art in City Hall" project, where the Commission will be
advertising for local artists and perhaps others to present their work for
review by the Art Committee, and possibly have them hung in City Hall .
This request would also include installing the right kind of moldings.
If these two items are approved, the Commission hopes by the first week in
December they might have an open house at City Hall for artists displays
and the book will be available.
Helen Anderson, author of the book, gave a brief description of what will
be included in the book.
Mayor Penzel thanked Mrs. Anderson on behalf of the Council and the
people of Eden Prairie for the effort she has put forth.
Mrs, Hookum, member of the Commission, also complimented Mrs. Anderson and
told how the publisher was completely thrilled to receive a book in such
a nice manner - everything taken care of and well done.
Council Minutes - 9 - Tues. ,October 16, 1979
5. Request from Historical & Cultural Commission to publish a book on the
history of Eden Prairie
MOTION: Osterholt moved, seconded by Edstrom, to approve the Historical
& Cultural Commission' s request for funding for the publication of
"Eden Prairie: The First 100 Years", and materials to hang exhibits of
local art in City Hall . Roll Call Vote: Osterholt, Edstrom, Pauly,
Redpath and Penzel voted "aye". Motion carried unanimously.
E. Report of City Engineer
1. Change Order No. 1 for sewer connection on project I .C. 51-322, Super
a—1 u site
This item was moved to the Consent Calendar (III. 0. )•
2. Change Order No. 1 for sub, rade correction on project I.C. 51-322,,
High Trail Estates
This item was moved to the Consent Calendar(III . P. ).
3. Change Order No. 1 for •plan changes on project I. C. 51-353, Hipp's
Mitchell Heights 4th
This item was moved to the Consent Calendar(III . Q. ).
4. Final plat approval for Village Woods 2nd (Resolution No. 79-191 )
This A tem was moved to the Consent Calendar (III. R. ).
5. Request to advertise for bids for sewer connection at Bryant Lake
Stables
This item was moved to the Consent Calendar (III. S. ).
F. Report of Finance Director
1. Review of Municipal Industrial Development Bond Guidelines
General discussion took place regarding the memo from Finance Director
Frane dated October 11 , 1979.
Osterholt suggested each of the Council members study the information
submitted and make any recommendations to staff as to what they feel should "
be included in the MIDB guidelines, and the Council should consider
same. at a future meeting. Council members concurred.
2. Payment of Claims Nos. 589.10 - 6051
This item was moved to the Consent Calendar (III. T. ).
3. Resolution No. 79-193, setting November 20, 1979 as the sale date for
5 100,000.00 of General Obligation Bonds
This item was moved to the Consent Calendar (III. U- )
Council Minutes Tues. ,October 16, 1979 r.
4. Request to set a Public Hearin for Municipal -Industrial Development
Bond approval for McGlynn Bakeries -in the amount of 1 ,300,000.00
for November 20, 1979
This item was moved to the Consent Calendar (III. V. ).
IX. NEW BUSINESS y
A. Brochure proposal submitted to the Council on the Park Bond Referendum
Lambert referred to the memo dated October 15, 1979 from the Park Bond
Referendum Committee requesting the Council to approve funds for 200 small
yard signs and ten large signs, along with the cost of the brochure. The sum
being $1 ,000.00 for the brochures and $500.00 for the signs.
MOTION: Redpath moved, seconded by Edstrom, to authorize the expenditure
of $1,500.00 as requested by the Park Bond Referendum Committee, monies to
be transferred from the unappropriated surplus. Roll Call Vote: Redpath,
Edstrom, Osterhol t, Pauly and Penzel voted "aye" . Motion carried
unanimously.
B. Items of concern -regarding the telephone company
Councilwoman Pauly commented on the problems vihich have resulted in the
changing of telephone numbers in Eden Prairie.
MOTION: Pauly moved, seconded by Redpath, to direct Staff to write a letter
to the Public Service Commission outlining the problems which Eden Prairie
has had with the changing of the telephone numbers and the way in which the
telephone company handled same. Motion carried unanimously.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting
at 10:06 PM. Motion carried unanimously.
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