City Council - 03/18/1980 s '
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 18, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
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COUNCIL STAFF PRESENT: Acting City Manager John Frane; Director of Community Services Bob Lambert; Planning
Director Chris Enger; City Engineer Carl
Jullie; and Joyce Provo, Recording '
Secretary
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were removed from the regular agenda to the Consent `
Calendar: V. A. 2nd Reading of Ordinance No. 79-35, rezoning .78 acres from
C-Comm to Office for Multi--tenant office building, Mile West Office Building ;
by Bud Andrus and develo er's agreement; V. B. Fina—lapproval of MIDB's McG1 nn
4LBakeries 1 ,300 000.00 Resolution No. 80-59 ; V. C. Resolution approving + .
Dedication of Elementary School Sites Resolution No. R80-62 ; VI . E. I . Consider
bids for Stage I improvements on Valley View Road and Hames Way, I .C. 51-325A,
and site grading at Round Lake Park, I.C. 51 -325B Resolution No. 80-53 Continued
from March 4 1980) ; and VI. E. 2. Survey Correction for Harry Rogers Property.
The following new item was added to the Consent Calendar: Setting a Specialm
Joint City Council/School Board Meeting for Thursday, March 20th at the Eden `
Prairie High School , 6: 30 PM.
The following item was added as item VI . D. 4. M.A.C. Lease.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Clerk's License List
B. Change Order No. 1 , I .C. 51-319, Norseman Industrial Park 2nd, West 74th {
Street
C. Confirming transfer of Outlots A and B, Shady Oak Industrial Park 2nd
D. Request to set Public Hearing for Minnesota Vikings for Municipal Industrial
Development Bond approval in the amount of 6,000,000.00 from ApR 1 , 1980
to April 15, 1980
E. 2nd Reading of Ordinance No. 79-35, rezoning . 78 acres from C-Comm to Office for
Multi-tenant office buildin , Mile West Office Building, by Bud Andrus and
developer's agreement formerly item V. A.
Council Minutes - 2 - Tues . ,March 18, 1980
F. Final approval of MIDB' s McGlynn Bakeries $1 ,300,000.00 (Resolution No. 80-59) x
Formerly item V. B.
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G. Resolution approving Dedication of Elementar School Sites (Resolution
No. R80-62) Formerly item V . C.
H. Consider bids for Stage I improvements on Valley View Road and Hames Way,
I . C. 51-325A, and sitegrading at Round Lake Park, I .C. 51 -3258 Resolution
51
No. 80-53 Continued from March 4, 1980. Formerly item E. 1.
City Engineer' s recommendation was approved continuing consideration of bids '
for this project to May 6, 1980. ! `
I. Survey Correction for Harry Rogers Proper (formerly item E. 2. )
J. Setting a Special Joint City Council/School Board meeting for Thursday,
March 20, 1980, 6: 30 PM at the Eden Prairie High School
MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the Consent
Calendar. Motion carried unanimously.
III. PUBLIC HEARINGS
A. Request for Municipal Industrial Development Bond approval for Tekcom Properties
in the amount of 1 ,250,000.00 continued from February 19, 980) Resolution
No. 80-21
John Mutschler, representing Tekcom Properties , spoke to the request for
Municipal Industrial Development Bonds , adding since the January 22nd Council
meeting when this item was first considered they have been busy leasing the
• proposed building. They now have 50% of the office space leased including a
"Letter of Intent" on '2,500 square feet of office space. The proponents also
have leases on all of the warehouse space.
Pauly asked what type of employment would be offered. Mr. Mutschler replied
Tekcom would eventually employ 45 people, primarily as 'lightessembly operators.
Edstrom questioned the terms of the proposed leases. Mr. Mutschler responded
they would be standard three year leases.
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City Attorney Pauly requested an amendment be made to Resolution No. 80-21,
as this resolution was drafted sometime ago and subsequent to that time a
provision has been inserted in resolutions of this kind, i .e. , "All commitments
of the City expressed herein are subject to the condition that within 12 months
of the date of adoption of this resolution the City and the Borrowers shall have
agreed to mutually acceptable terms and conditions of the revenue agreement,
the bonds and of the other instruments and proceedings relating to the bonds and
their issuance and sale. If the events set forth herein do not take place within
the time set forth above or any extension thereof and the bonds are not sold within
such time, this resolution shall expire and be of no further force and effect."
Council members and Mr. Mutschler concurred with this amendment.
Osterholt asked if Mr. Frane would recommend approval of this request.
Acting City Manager Frane responded in the affirmative.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-21 as amended, approving the request for Municipal
Industrial Development Bond approval in the amount of $1 ,250,000.00 for Tekcom
Properties. Redpath, Osterholt, Edstrom and Pauly voted "aye"; Penzel voted "nay".
Motion carried.
Council Minutes - 3 - Tues. ,March 18, 1980 r
B. Norseman Industrial Park 4th Addition by Herleiv Helle. Request to rezone
4.89 acres from Rural to I-2 and preliminary plat 1 industrial lot. Located
north of West 74th Street, 945 feet west of Washington Avenue (Ordinance b
No. 80-07 and Resolution No. 80-41 )
George Hoff, representing Mr. Helle, spoke to the proposal and offered to answer
questions of Council members. Mr. Hoff stated the proponent has no objections
to any of the staff recommendations .
City Planner Enger explained this item was considered at a Public Hearing
before the Planning Commission on February 11 , 1980, and the Commission
voted 4 - 1 to recommend to the City Council approval of the rezoning from
Rural to I-2 Park and preliminary platting of 1 industrial lot subject to the
recommendations of the Staff Report dated February 8, 1980,
Edstrom asked if there have been any concerns expressed from the residents
north of the parcel on the steep drop down to this property from the hill .
Enger replied staff has not received any negative comments, adding the slope
currently is about 2 - land it will be graded somewhat further back toward the
north and will remain a 2 - 1 slope.
Penzel asked when the City will come to the point when Valley View relocated I;
will be dedicated. Enger responded staff feels the road should be dedicated and
installed west of this property and north to Valley View Road with any platting la
subsequent to the 4th Additionrwhich Mr. Helle is willing to agree to. .Fl
MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and give
a 1st Reading to Ordinance No. 80-07, rezoning 4.89 acres from Rural to I-2 Park
for Norseman Industrial Park 4th Addition by Herleiv Helle. Motion carried
unanimously. !'
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 80-41 , appro-
ving the preliminary plat for Norseman Industrial Park 4th Addition by Herleiv.
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Helle. Motion carried unanimously. �.
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MOTION: Edstrom moved, seconded by Redpath, to direct Staff to draft a
developer' s agreement incorporating the recommendations of the Planning Commission
and Staff Report dated February 8, 1980. Motion carried unanimously.
C. Sunset Trails by Countryside Investments Inc. Request to rezone 9 acres
rom Rural to R1-13.5 and preliminary plat 18 lots for single family homes.
Located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls
Additions. (Ordinance No. 80-09 and Resolution No. 80-42)
Cliff Swenson of Countryside Investments spoke to the proposal .
City Planner Enger explained this item was first considered at the December 10,
1979 Planning Commission meeting, then at the January 14, January 28th and
February 11 , 1980 meetings. The Commission recommended to the City Council on a
4 - 0 vote approval of the preliminary plat dated 2/80 and the request for rezoning
from Rural to R1-13.5 for 18 lots according to the plat dated 2/80 and Staff
Report dated 217180.
Director of Community Services Lambert spoke in detail to the Parks, Recreation
A Natural Resources Commission' s motion adopted 3/3/80 recommending approval
to the City Council of the preliminary plat as proposed. Lambert added the
suggestion that the developer when he is grading High Trail Estates
grade the mini-park for the City - the City could then seed it and put in the play-
ground equipment which would be about a $3,500 cost to the City.
Council Minutes - 4 - Tues. ,March 18, 1980
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C. Sunset Trails by Countryside Investments , Inc. (continued) r
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Jim Bast, 17440 West 66th Street, commented he has met with the developer and
as a neighborhood they like the proposal . Mr. Bast did not think the trail '
p.
inbetween the lots would be feasible as on the edge there is a real swamp now and
lots of standing water.
Penzel agreed with Mr. Bast from a standpoint of useability,, and stated he does
not know if he really wants to encourage the use of the floodplain because it i
would be more destructive to the habitat thgn really a benefit to those going
through it. The beauty lies in it being there and the visual benefit to the
neighborhood. f
Mr. Bast further questioned if the trail through the mini -park along the high
ground might someday be made public. Lambert replied in the affirmative.
Edstrom asked what staff knew about the property that is located to the north
of this project. Enger replied the property is owned by Ecklund & Swedlund, and
City staff has met with Ecklund & Swedlund and McCombs - Knutson, their
engineers , who have shown preliminary layouts which indicate single family use of
that area. The current proponents , Countryside Investments , have met with Ecklund
4
& Swedlund as to the connection of Durango Drive.
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MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and give a
a lst Reading to Ordinance No. 80-09, rezoning 9 acres from Rural to R1-13.5 for
Sunset Trails by Countryside Investments, Inca Motion carried unanimously.
MOTION: Edstrom moved seconded by p P Red path, to adopt Resolution No. 80-42,
4L approving the preliminary plat for Sunset Trails by Countryside Investments, Inc.
• Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to direct Staff to draft a
developer' s agreement incorporating the recommendations of the Planning Staff
and Commissions , along with the recommendation of Director of Community Services
Lambert that the proponents grade the mini-park when 0te developer is grading
High Trail Estates. Motion carried unanimously.
D. Gonyea PUD by Gonyea Investment. Request for PUD Concept approval for medium
density residential , elderly housing, offices and restaurant uses on 37 acres.
Located in the NE corner of TH 5 and Co. Rd. 4 (Resolution No. 80-43)
Howard Dahlgren, Howard Dahlgren Associates, explained he has been working with
Dennis Gonyea for the last two years on the property which is located on the NE
corner of Co. Rd. 4 and T.H. 5. They have met numerous times with neighbors,
with the City Staff, and the Planning Commission and are trying earnestly to
do the right thing in the right way on the property to include the City's interest
which includes drainage, parks , land development that will be compatible with
existing investments in the area and will be reasonable in terms of the potential
that is there for the property. Mr. Dahlgren added the proponents met with the
Parks, Recreation & Natural Resources Commission on March 17th and the Commission
voted to consider the possibility of a trail through the property which will link
up to the shopping center and they would like to have additional time to consider
that possibility. The proponents are, therefore, not looking for any decision
4E tonight as the Council may be interested in what the Commission has in mind
in terms of the parks aspects of the property.
C. John Uban; Howard Dahlgren Assoc::tves , Inc. , landscape architect, displayed
graphics of the plan they have prepared, and the evolution of the plans they have
Council Minutes - 5 - Tues. ,March 18, 1980
dry
D. Gcnyea PUD by Gonyea Investment (continued) 14
worked out over a period of time with the neighbors. The latest plan is for
8 acres of ponding and open space, which is well over the capacity needed, a 14,000
square foot office space office building which shares an access I'q p g point with , iz
properties to the east, an elderly unit, and 31 single family homes which then
have rear yards which face the rear yards of the abutting single family homes,
2 single offices, a small 16,000 square foot clinic - which may now go to a
veterinarian which is less traffic, and a full service restaurant (family style) .
The circulation system has remained basically the same, linking up and co- h
ordinating with the entrance from the shopping center which they feel produces
the best traffic pattern on the site. Uban added they are trying to produce a
development with a variety of uses, one of which where all of the peak hours
would not come together all at the same time and that is why they want a mix of uses
• on the property so the traffic is spread over an even amount of time.
City Planner Enger reviewed the actions taken by the Planning Commission at + '
meetings held 8/13/79, 9/10/79, 10/22/79 and finally on 11/13/79. The longevity
which this project has been in the process is due to the problems with traffic
encountered and in hopes to find a solution. The Commission' s motion on a
3 - 3 tie vote was as follows: Approval of the PUD Concept dated 11/7/79 per
the recommendations of the Staff Report dated 11/8/79 with the following
additions: 1 ) under item 3 there should be an addition that the cash park fee
would not be required for the elderly housing units , and 2) under item 7 an addition
that any commercial development on this site he contingent upon specific traffic
improvement requirements and solutions to be determined prior to rezoning and/or
preliminary platting.
Penzel stated under the circumstances the Council might well want to have the
Planning Commission take one more look at the proposal with, the latest data
on the traffic situation, which would also provide the Parks , Recreation &
Natural Resources Commission a chance to look at the trails a little bit further.
This item could then be considered at the April 15th Council meeting with a rr
recommendation from both commissions.
At the request of Councilman Osterholt, Mr. Roscoe traffic consultant for the
proponents, went over the estimated trips per day and answered questions of
Council members.
Joe Lawler, 7621 Ontario Boulevard, expressed concern with the storm drainage
coming off the holding pond. Mr. Lawler felt any development on that corner +t '
may aggravate the speed of the runoff since he is a property owner along the north-
east flow area out of that drainage holding area. He already has 1/3 of his
property flooded now, as do four of his other neighbors, as a result of previous
construction and grading errors by a developer of the Meadows 3rd Addition
subdivision. Lawler asked if there is a comprehensive solution for storm drainage
from that holding area until that drainage flow gets to Purgatory Creek, and if
so, what is the comprehensive solution.
City Engineer Jullie replied sometime ago, about 2 1/2 years ago, the City did
experience problems with drainage of the low area and a feasibility report was
undertaken to determine what storage requirements were necessary and what piping
and conduits and ditching, etc. , would be necessary to properly handle the
drainage runoff expected from this development and others on the south side of
Highway 5 and west of Co. Rd. 4 which drain into that low area. The report is
partially completed, have worked up the elevations of the areas required and the
storage volumes needed, but came to an impasse in terms of the actual feasibility
of the project because of the cost of acquiring the right-of-way for the drainage
pond. If this proposal is approved through the City process and the drainage area
Council Minutes - 6 - Tues. ,March 18, 1980
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D. Gonyea PUD by Gonyea Investment (continued)
that the City needs is dedicated by the developer, then the City can proceed to
finalize the report and call a public hearing and proceed with the necessary fi
drainage improvements that are needed within the drainage district. City staff
would work with the landowner to see what his timing is, when the land could be
acquired, proper grades determined, and proceed from there. The problem the
people are having over to the east of this project relates to some constriction
in that drainage channel to the east of their properties - what that constriction
is Jullie stated he does not know at this time. With the proper design of the
storm sewer pond, although the total volume of the runoff will be increased because
of the hard surface, the flow rate should be decreased so they won' t get a big
gush of water because this pond will absorb the ups and downs of the initial flows.
�E
Stan Riegert, owner and operator of Prairie Lawn & Garden, commented �x
he has concern about the location of the driveway. x
Mr. Dahlgren pointed out the access point. Mr. Riegert added the road Mr,
Dahlgren pointed out is going to come right along his initial driveway and
the graphics which are displayed are incorrect as Prairie Lawn & Garden are not $
even shown as being in existence. Mr. Uban replied the survey was done prior to
the building of Prairie Lawn &Garden. ;r
Penzel added the Council at this point is discussing concept and not rezoning of any
of the properties , nor discussing a specific location of accesses other than those
on County Road 4 as they are existing intersections which need to be lined up with.
The design details need to be worked out during the rezoning process and each of
these parcels will require an application for that purpose, ,
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Osterholt suggested in any future drawings that are submitted that Fir, iegert's
property be specifically located so the Council can see what the impact is.
Osterholt added he would also like to see the land further north behind Mr.
Riegert' s and the other property adjoining specifically located. '
Mr. Quaal , 16191 Westgate Trail , wanted to know how cars could be kept off the
bicycle trails as this has presented a real danger. City Engineer Jullie i
responded the City is suggesting for road improvements 'a 36 foot extension from
the center line which would provide a left turn lane; a through lane, and a right
turn lane, and also a concrete sidewalk on that side of the road which would
separate the pedestrians from the traffic. The 8 fogt trail is really what is
designed for the bicyclists which would be on the west side of County Road 4.
Penzel questioned when the bikeway trail is going to be built along County Road
4 from 1 on northerly. City Planner Enger replied the City originally scheduled
four years ago the entire improvement from Co. Rd. 1 to. Minnetonka. In the current
improvement with Community Development Block Grant funds and State funds it only
goes from County Road 1 to T.N. 5, and Enger commented he does not know when the '
bikeway will be extended north of Highway 5. There were plans at one time, and ;{
there are still plans that go all the way up to Minnetonka, so the bikeway is
designed but there currently is not any funding. Director of Community Services I
Lambert added there won' t be any funding forthcoming because as far as the County
is concerned there is already a trail north of T.N. 5 on Co. Rd. 4. .
MOTION: Redpath moved, seconded by Osterholt, to continue the Gonyea PUD request
until April 15, 1980, and referred this item to Staff and the Commissions for
review. Motion carried unanimously.
Council Minutes - 7 - Tues. ,March 18, 1980 -H
E. Request for Municipal Industrial Development Bond approval for Alston and
Jean Lundgren in the amount of 300,000.00 Resolution No. 80-58
Dr. Alston Lundgren spoke to the request for Municipal Industrial Development '
Bond approval in the amount of $300,000.00 to be used for the purpose of building
a clinic close to the corner of Eden Prairie Road and County Road 5. Dr.
Alston Lundgren stated initially he will occupy the building and hopefully will
grow to a group of approximately 6 physicians over the period of the next seven
years. Eden Prairie Family Physicians will be the sole tenants .
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing
and adopt Resolution No. 80-58, approving the request for Municipal Industrial
Development Bond approval in the amount of $300,000.00 for Alston and Jean
.H
Lundgren. Motion carried unanimously.
F. Request for Municipal Industrial Development Bond approval for Steven & Bruce
Holt in t€ie amount of 2,035,000.00 Resolution No. 80-57 `
Dennis McFadden, Knutson Mortgage Company, representing the proponents , stated
they have a large parcel of land which is very difficult to divide. Their
current situation is they have one entire building consisting of 70,000 square
feet entirely leased at this point, the second building is not leased to any
extent. McFadden commented they have been advised by Finance Director Frane '
and th4 City staff that the City Council would tend to look awry on the second
building being speculative. Therefore, Mr. McFadden requested the Council continue
this item for four weeks, giving them time to secure a tenant for the second
building, and in order that they may work with Mr. Frane and come to the Council
with one project.
Finance Director Frane recommended the Council close the Public Clearing and take
no action as the proponents will be coming back with a new proposal .
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing on the
Municipal Industrial Development Bond request by Steven & Bruce Hoyt in the
amount of $2,035,000.00 and take no action, awaiting the proponents request for
another Public Hearing. Motion carried unanimously.
G. Vacation of Public Roadway in Section 1-116-22 east of Shady Oak Road
Resolution No. 80-70
City Engineer Jullie spoke to Resolution No. 80-70, concurring with the request
for the vacation of the right-of-way.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-70, vacating 20' of Public Roadway in Section 1-116-22.
Motion carried unanimously.
H. ymarland Camp 2nd Addition by Milton guam. Request to rezone 23 acres from
Rural to R1-13. 5 and RM 6.5 and preliminary plat 13 single family lots and
56 lots for duplexes
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing
granting the request of the proponents to withdraw their request and that the
Council take no further action. Motion carried unanimously.
Council Minutes 8 - Tues. ,March 18, 1980
IV. PAYMENT OF CLAIMS NOS. 7671 - 7931
MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. w
it 7671 - 7931 . Roll Call Vote: Redpath, Edstrom, Osterholt, Pauly and Penzel voted
"aye" , with Osterholt "abstaining" on Claim No. 7897. Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 79-35, rezoning .78 acres from C-Comm to Office
for Multi-tenant office building, Mile West Office Building, by Bud Andrus and
developer's agreement
This item was moved to the Consent Calendar (II. E. ).
B. Final approval of MIDB's McGlynn Bakeries $1 ,300,000 (Resolution No.
80-59
This item -Wras moved to the Consent Calendar (II. F. ).
C. Resolution approving Dedication of Elementary School Sites (Resolution No.
80-62
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This item was moved to the Consent Calendar (II. G. ) .
VI. REPORTS OF OFFICERS, BOARDS & CQMMISSIONS
A. Reports of Council Members
I. Councilman Redpath spoke to Resolution No. 80-63, recommending adoption
of 'same.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution
No. 80-63, extending the deadline date for filing "official application
forms" for supplying Cable communications service through a joint system
to the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield.
Motion carried unanimously.
2. Mayor Penzel referred to a conversation he had with a resident recently
who nqui e3 about the swimming pool ordinance which was adopted by the City
Council last year regarding the verbage on "self-closing" and"self-locking gates
The gentleman is taking issue with that primarily because he feels: 1) there is
no such thing as a "self-locking patio door", which many people have as an
entry to their pool area, and 2) just because the gates are self-locking
doesn' t provide any protection for the intent of keeping casual people out of
the area and the pool . The gentleman is requesting Council 's consideration
in amending that particular section by adding to the last paragraph: "whenever
the pool is unattended all gates within the fence or wall shall be secured so
that they cannot be opened from the outside".
Council referred this item to the City Attorney for review, and if the City y
Attorney feels the amendment should be made to the ordinance that it be
brought back to the Council for consideration.
B. Report of City Attorney
No report.
C. Report of City Manager a
No report
Council Minutes - 9 - Tues. ,March 18, 1980
D. Report of Director of Community Services
1. Appraisals of Neighborhood Park Property
it' I "',
Director of Community Services Lambert explained in December the Council
requested appraisals on three neighborhood sites that were committed
neighborhood sites in the bond referendum - Creekwood, Hidden Ponds and
Red Rock. Staff received appraisals on those and the Parks, Recreation & #
Natural Resources Commission reviewed those at the March 3rd meeting recommending
to the City Council authorization for staff to negotiate at least options on
Creekwood 1 , Hidden Ponds 1 and Red Rock 1 until the bonds are sold. Lambert
expressed some concern with the Creekwood site which he outlined for the
Council and requested the Council continue the Creekwood park site until the
April 1st Council meeting allowing him further review.
MOTION: Osterholt moved, seconded by Redpath, to authorize staff to negotiate
options on Hidden Ponds I and Red Rock I , and to bring the Creekwood site
back to the Council at the April 1 , 1980 Council meeting. Motion carried
unanimously.
2. Tree Disease Program
City Forester Stuart Fox spoke to the Staff Report dated March 13, 1980 and
recommendations contained therein. +'
MOTION: Osterholt moved, seconded by Redpath, to authorize Staff to negotiate
for a disposal site at which the City would ship elm debris and rent a chipper.
Motion carried unanimously.
4L 3. Lake Management Program
i
Director of Community Services Lambert spoke to Staff Reports dated February
26 and March 13, 1980. The Parks; Recreation & Natural Resources Commission
reviewed this item on March 17th and made the following recommendations:
1) City Staff should try to contact the University of Minnesota and also
the City' s High School Biology Department and see if any students would want
to enter into some kind of a study on a monitoring program. There may be
same costs where the City may have to buy some chemicals for them; however,
it would not be close to what Barr Engineering is proposing. 2) The City
commit to destratifying the lake in September, and the reason for that is
DNR will treat and stock the lake without destratifying; however, they won't be
able to treat the lake until late October or early November - and won't be
able to stock the lake until next year, and we would lose out on fishing. There
would be no catchable size fish,and the fish they are putting in are large
mouth bass, walleyes and sunfish, until late 1982. If we destratify this
September, they would treat the lake in September and would stock it in September
and we would have catchable size fish the summer of 1981 . The Commission
also recommended that the Council commit to an aeration program. Estimated
cost for destratification - $3,500, aeration - $12,000 (with a continuing
cost of approximately $400.00 to $500.00 a year) .
MOTION: Redpath moved, seconded by Osterholt, to approve the recommendations
of the Parks, Recreation & Natural Resources Commission and Staff and to
authorize Staff to proceed with the Lake Management Program at Round Lake.
Motion carried unanimously.
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Council Minutes - 10 - Tues. ,March 18, 1980 ►
4. M.A.C. (Metropolitan Airports Commission) Lease
Director of Community Services Lambert spoke to the M.A.C. lease commenting
after discussions with City Attorney Pauly and M.A.C. 's attorney there are two }
items of contention: 1) indemnification - under our first opinion we felt the
City did not have the authority to idemnify them. Under recent court judgements
that is not true any more; however, we are proposing that we only indemnify
them to the limit of our insurance. 2) The crucial question is the 90-day
lease termination clause as the Council felt pretty strongly on that and M.A.C.
has some FAA rules and some general policies that they have followed on other
airports and that is in there to stay. Lambert asked for some direction from a
the Council .
Osterholt commented M.A.C. is currently building a golf course in Richfield
on M.A.C. land and suggested staff see what kind of a lease they have and what
the terms are.
Lambert asked what to do about the contract on the grading. Osterholt replied 1
ask for a 30-day extension from the bidders in case the question isn't resolved.
MOTION: Edstrom moved, seconded by Osterholt, to direct Staff to request
M.A.C. ' s special consideration of the minimum 1 year notice on the proposed
lease or the terms comparable to Richfield's, whichever is more favorable .
Motion carried unanimously.
E. Report of City Engineer
1. Consider bids for Stage I improvements on Valley View Road and Hames Way, I .C.
4L 51-325A and site grading at Round Lake Park, I.C. 51-325B, and site grading at
Round Lake Park, I .C. 51-325B Resolution No. 80-53 Continued from 3/4/80
This item was moved to the Consent Calendar (II. H. ) .
2. Survey correction for Harry Rogers Property
This item was moved to the Consent Calendar (II . I. ).
F. Report of Finance Director.
1• Report from Ehlers & Associates on sale of park bonds (continued
from March 4, 1980) $
Bill Fahey, Ehlers & Associates, talked about the bond market in general
and legislation before the State House and Senate. Fahey recommended
the Council consider setting the sale of bonds for April 15, 1980.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution
No. 80-68, authorizing the sale of bonds for April 15, 1980. Motion
carried unanimously.
2. Report on additional liquor operation
Finance Director Frane spoke to the memo from Ward Dahlberg, Manager
of the Liquor Store and asked the Council 's permission to negotiate terms
for a lease for a liquor operation at the Preserve Village Center. I
Osterholt felt the liquor store sales at Prairie Village Mall being 10Z
of Penny's Grocery Store sales is too optimistic, and 8% would be more
realistic.
Council Minutes 11 - Tues. ,March 18, 1980
2. Report on additional liquor operation (continued)
MOTION: Redpath moved, seconded by Osterholt, to authorize staff to negotiate N
a lease in the Preserve Village Center for a proposed municipal -liquor
store and review the figures from Penny's as referred to in memo dated 3/13/80.
Further that the Council be provided with a report on the amount of Staff
time provided the Liquor Store at Prairie Village Mall , i .e. , building inspec-
tors, secretarial , finance director. Motion carried unanimously.
3. Referendum on Municipal Liquor E
Finance Director Frane explained if the City desires to continue its liquor
operation, State Statutes require that a referendum question on the continuance
of .liquor operations be held within one year of the effective date of a census
establishing tk& population beyond 10,000 persons. The effective date of
the 1980 census is April 1 , 1980.
MOTION: Redpath moved, seconded by Osterholt, to authorize the City Clerk
to place the question of the continuance of liquor on the November 4th
ballot. Motion carried unanimously.
VII. NEW BUSINESS
No New Business.
VIII. ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 10:40
PM. Motion carried unanimously.
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