City Council - 05/06/1980 APPROVED MINUTES
- EDEN PRAIRIE CITY COUNCIL
fUESDAY, MAY 6, 1980 7s30 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;
• finance Director John Frane; Director of
Community Services Bob Lambert; Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGLANGE
ROLL CALL: All members present.
I. APPROVAL -OF`-AGENDA' AND OTHER ITEMS OF BUSINESS
The following item was added to the Consent Calendar: "Request by the Wilson
Learning Corporation for the Council to set a Public Hearing for consideration
-of MIDB s in the amount of 1 , 50,000.00 for June 3, 1980".
The following items were removed from the regular agenda and placed on the Consent
Calendar: VIII. D. 1 . Fish Mana ement Pro ram; VIII. D. 2. Request for
authorization to obtain appraisal for Earl More and VIII. D. 3. Request
approval for authorizing plans and specifications for "figure skating, c ui- o room
at Community Center as bid alternate.
Item III. L. Final elat approval , Garrison Forest 4th Addition Resolution No.
80-87 was removed from the Consent Calendar to the City ngineer s report
as item VIII. E. 5.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES
A. Joint School Board/City Council Meeting held March 13, 1980
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MOTION: Redpath moved, seconded by Edstrom, to approve the Joint School Board/
City Council Meeting minutes of March 13, 1980 as published. Motion carried s
unanimously.
B. Joint School Board/Cif Council Meeting held March 20, 1980
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Pg.- 1 , 6th para. , 6th line, strike "LOWCON" and insert in Lieu thereof "LAWCON".
MOTION: Osterholt moved, seconded by Redpath, to approve the Joint School Board/
City Council Meeting minutes of March 20, 1980 as amended and published.
Motion carried unanimously.
Council Minutes - 2 - Tues. ,May 6, 1980
C. City Council Meeting held Tuesday, April 1 , 1980
Pg. 5, 8th para. , last line, strike "ungraded" and insert "upgraded".
n.
Pg. 7, lst para. , lth line, strike "indifference" and insert "in deference".
MOTION: Redpath moved, seconded by Osterholt, to approve the City Council
Meeting minutes of Tuesday, April 1 , 1980 as amended and published. Motion as
carried unanimously.
D. City Council Meeting. held Tuesday, April 15, 1980
Pg. 1 , 4th para. , 3rd line, after "et, al ." add "subject to the Governor
signing the Omnibus Tax gill ."
Pg. 3, 5th para. , 2nd line, strike "Red Rock" and insert "Riley Lake".
MOTION: Osterholt moved, seconded by Edstrom, to approve the City Council
Meeting minutes of Tuesday, April 15, 1980 as amended and published. Motion
carried unanimously.
E.--- Special City Council Meeting held Thursday, April 17, 1980
Pg. 1 , 4th para. , strike "probeem" and insert "problem".
Pg. 1 , 7th para. , 1st line, strike "rescind" and insert "amend".
MOTION: Redpath moved, seconded by Edstrom, to approve the Special City
Council Meeting minutes of Thursday, April 17, 1980 as amended and published.
Redpath, Edstrom, Osterholt and Penzel voted "aye" ; Pauly "abstained". Motion
carried.
III. CONSENT CALENDAR
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A. Resolution No. 80-8U, providing for the execution and delivery of $7,450,000.00
of Improvement Bonds
B. Resolution No. 80-81 , authorizing the issuance of $4 000 000.00 of General
0 ligation Water and Sewer Bonds
C. Resolution No. 80-82 authorizing the issuance of $3 570 000.00 of Recreation
Facility Bonds
D. Request to set a Public Hearing for Braun's Fashions , Inc. by Rauenhorst
Corporation for June 3, 1980
E. Request to set a Public Hearing for Northmark East by Ban-Con for June 3, 1980
F. Request to set a Public Hearing for Northmark West by Ban-Con for June 3, 1980
G. Request to set a Public Hearing for American Family Insurance expansion rezoning
or May 20, 1980
H. Clerk' s License List
I. 2nd Reading of Ordinance No. 80-07, rezoning 4.89 acres for Norseman Industrial
ark 4th Addition from Rural to I-2 and developer's- agreement
Council Minutes - 3 - Tues. ,May 6, 1980
J. 2nd Reading of Ordinance No. 80-09, rezoning Phase 1 , consistingof 15 acres
rom I-2 and Rural to Office for the Minnesota Vikings Training Facility and
developers agreement
K. 2nd Reading of Ordinance No. 80-08, rezoning 9 acres from Rural to R1-13.5 for
onset Trails by Countryside Investments, Inc. and developer's agreement
L. Final plat approval , Garrison Forest 4th Addition (Resolution No. 80-87)
This item was moved from the Consent Calendar to VIM . E. 5.
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M. Request by the Wilson Learning Corporation for the Council to set a Public
Baring for consideration of MIDB's in the amount of 1 ,750,050.00 for June 3,
1980
N. Fish Management Program (formerly item VIII. D. 1 . ) . a
0. Request for authorization to obtain appraisal for Earl More (formerly VIII .D.2j.
P. Request approval for authorizing plans and specifications for "figure skating"
cl ub room at Community Center as bid alternate formerly item VI II. D. 3.
MOTION: Redpath moved, seconded by Osterholt, to approve items A - K and
M - P on the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Northern States Power - Request for P.U.D. Development approval in order to
construct an N.S. P. substation Resolution No. 80-83
Mr. Chmiel , Staff Assistant Environmental A Regulatory Activites Department of
Northern States Power, spoke to the proposal and displayed slides depicting
N.S.P. substations in other communities. Mr. Chmiel answered questions of
Council members.
Mayor Penzel referred to communication received from Bruce C. Bermel , Executive
Vice President of Bermel-Smaby Realtors, and John Teman, and requested same to
be entered into the record. (Attached as part of minutes)
Keith Wehrman, Wehrman Chapman Associates, Inc. , landscape architect for N.S.P. ,
displayed a grading and screening plan for the proposed site.
Planning Director Enger explaiiied the Planning Commission recommended approval
for an N.S.P. electrical substation to the City Council on April 14, 1980 on a
4 - 2 vote according to the plans dated 4/14/80 and Staff Report dated 4/9/80.
Paul Anderson, appearing on his own behalf and on behalf of his parents, Calvin
and Helen Anderson, and his sister, Mary Ellen Bland, spoke to their concerns
and reservations about what the N.S.P. project may do with respect to the drainage
as referred to in his communication dated April 14, 1980. (Communication attached
as part of minutes)
. MOTION: Osterholt moved, seconded by Redpath, to close the Public Nearing and
adopt Resolution No. 80-83, granting Planned Unit Development Stage approval for
an N.S.P. electrical substation. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to direct Staff to draft a
developer's agreement incorporating the recommendatiorns of the Planning Commission
Council Minutes - 4 Tues. ,May 6, 1980
A. N.S.P. (continued)
and Staff Report dated April 9, 1980, amending recommendation 3 to read "N.S.P.
should prepare immediately the planting of the site at this time in order to
allow 5 years of plant material establishment" , no new construction should
impede in anyway drainage through the site, and when the 345 KVM lines going
through the City(north/south)need replacing,that the steel angular tower should
be replaced with architectural tubular steel poles. Motion carried
unanimously.
B. Rymarland Camp by Milt Quam Request to rezone 22 acres from Rural to R1-13.5
and preliminary plat 42 lots for single family attached homes. Located east
of T.H. 101 and south of Hidden Ponds Second Addition. Ordinance No. 80-10 and r
Resolution No. 80-90)
City Manager Ulstad requested that this Public Hearing be continued to May
20, 1980, due to an error in publication.
MOTION: Pauly moved, seconded by Redpath, to continue the Rymarland Camp
Public Hearing to May 20, 1980. Motion carried unanimously.
C. Cardarelle & Associates , Inc, Office, request to rezone .8 acre from Rural to
Office and setback variances. Located in the Major Center Area, east of Eden
Road and west of Hwy. 169 at 8123 Eden Road (Ordinance No. 80-11)
City Manager Ulstad requested that this Public Hearing be continued to May 20,
C,
1980. due to an error in publication.
MOTION: Pauly moved, seconded by Redpath, to continue the Cardarelle &
Associates, Inc. Office Public Hearing to May 20, 1980, Motion carried
unanimously.
D. Request for Municipal Industrial Development Bond approval in the amount of
6,000,000.00 for the Minnesota Vikings Facility Resolution No. 80-84
Grady Alderman, Minnesota Vikings, explained they will use the proceeds of the
MIDB financing to purchase approximately 15 acres and develop 11 of those acres.
The 11 acres will contain an office/practice building, which will consist of
34,000 square feet, two natural grass football fields, an artificial football
field of approximately 70 yards in length, which may be domed with an air-
supported structure, and two parking lots which will contain about 100 cars.
This leaves an additional 4 acres for future development and, according to
Mr. Alderman,, they have no plans for the development of these 4 acres at this time
and if the Vikings wish to develop the 4 acres they will come back to the City
through the proper process.
Redpath questioned the two-year term for the MIDB's. Finance Director Frane
responded to Redpath's question commenting that the Vikings are unwilling at the
present time to commit to a long term mortgage situation or long term financing
because they feel if the present economic situation were better, interest rates
would be lower, and that is the reason they are requesting an industrial revenue
bond for a two year period. Frane added one might view that cwo year period a
period of construction, and at the end of the period of construction they will
seek a lender that will give them permanent financing or long term financing. I
Bruce Parker, legal counsel for the Minnesota Vikings, stated the idea behind the
two year period is that we are in a very unusual time with interest rates and the
rates which a permanent financing would now dictate make the cost of the project
substantially more than the Vikings feel would be within the two year period, at
which time thrcP hnndr. wmild hp rPfinanrPd_
Council Minutes - 5 - Tues. ,May 6, 1980
D. Minnesota Vikings MIDB' s
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MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-84 , granting the request by the Minnesota Vikings for
preliminary approval of Municipal Industrial Development Bonds in the amount
of $6,000,000.00. Motion carried unanimously.
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V. PAYMENT OF CLAIMS NOS. 1326 - 1521
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos.
1326 - 1521. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted aye";
Pauly "abstained". Motion carried.
VI. APPOINTMENTS
A. Appointment of 1 member to fill an unexpired term on the Human Rights &
Services Commission - term to expire 2/28/81
Mayor Penzel recommended the appointment of Larry Simenson to fill the
unexpired term on the Human Rights & Services Commission.
MOTION: Pauly moved, seconded by Redpath, moved to confirm the appointment
of Larry Simenson to the Human Rights & Services Commission to fill an
unexpired term to 2/28/81 . Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
No reports.
JIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Councilman Osterholt announced he would not be a candidate for re-
election in next Fall's election.
2. Mayor Penzel spoke to the following items :
a) congratulated the staff who operate the Water Plattfor achieving
a 100% sanitation safety rating on our municipal water supply by
the Minnesota Department of Health;
b) referred to communication from the School Board regarding the
access to County Road .4 for the potential Middle School , and requested
'City Engineer Jul lie to give a brief report at 'the May 20th Council
meeting;
c) request from Hustad Development Corporation to revise their Bluff's
West 3rd Addition from 169 single family lots to allow townhouse
density on a portion of the site, and the Council requested that this
request be placed on the May 20, 1980 Council agenda; and
d) concern about possible confusion over street names because of the
f similarity between the name of Bluff' s Boulevard and Bluff Road, and
!. also the absence of individual street names of the cul-de-sacs off of
Bluff's Boulevard. City Engineer Jullie to report back to the Council
on May 20, 1980 with possible solutions.
Council Minutes - 6 - Tues. ,May 6, 1980
3. Councilman Redpath referred to complaints he has received on the 6
eve opmen going on at Shady Oak Road. Penzel commented any further
problems that may occur, the Public Safety Department will issue tickets.
B. Report of City Attorney
No report.
C. Report of City Manager
No report.
D. Report of Director of Community Services
1. Fish Management Program
This item was moved to the Consent Calendar (III . N.).
2. Request for authorization to obtain appraisal for Earl More house
This item was moved to the Consent Calendar (III . 0.). 7
3. Request approval for authorizing plans and specifications for "figure
skating" club room at Community Center as bid alternate
This item was moved to the Consent Calendar (III . P. ).
E. Report of City Engineer
1. Appeal petition from The Preserve on decision of Board of Appeals
b Adjustments on April 17, 9 0, deear and setback variances
n in r
or Eots 2 an"d 3 Block ro osed Garrison Forest 4th Aadition
Resolution No. 80-86
City Engineer Jullie spoke to the action taken by the Board of Appeals
I & Adjustments on April 17, 1980, denying certain rear yard setback variances
for Lots 2 and 3, Block 1 , in proposed Garrison Forest 4th Addition, and
the petition received from The Preserve appealing this decision.
MOTION: Osterholt moved, seconded by Edstrom, to set Tuesday,
May 20, 1980, as the date for the Public Hearing for the Council to
consider the appeal petition from The Preserve on the decision of
the Board- of Appeals b Adjustments on April 17, 1980. Motion carried
unanimously.
2. Appeal petition from John D. Dougherty on decision of Board of Appeals b
Adjustments on April 17, 1980, ranting buildin movingermit re guest
No. M80-8 for Lot , Block e
o osed Garrison Forest 4t Addition
(Resolution No. 80-85)
MOTION: Osterholt moved, seconded by Edstrom, to set Tuesday, May 20, 1980,
as the date for the Public Hearing for the Council to consider the appeal
petition from John D. Dougherty on decision of Board of Appeals b Adjustments
on April 17, 1980. Motion carried unanimously,
Council directed City Manager Ulstad to contact the Vo-Tech School in arr effort
to extend the deadline when the house in question has to be removed
from their premises.
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3. Approve glans and specifications and order bids for utility and
street improvements in Norseman Industrial Park 4th Addition I .C.
51-359 Resolution No. 80-88
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution
� No. 80-88, approving plans and specifications and ordering advertisement
for bids for utility and street improvements in Norseman Industrial
Park 4th Addition, I.C. 51-359. Motion carried unanimously.
4. Consider bids for street and utility improvements in Duck Lake Vista,
I.C. 5 -36 , and Village Woods II , I.C. 5 -362 (Resolution No.
80-89
City Engineer Jullie spoke to Resolution No. 80-89, recommending
the Council award the bid to Brown& Cris, Inc. , the low responsible
bidder, in the amount of $130.568.40, for I. C. 51-362 and I.C. 51-367,
deleting project I . C. 51-372.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution
No. 80-89, awarding the bid for I . C. 362 and I. C. 367 to Brown &
Cris, Inc. , the low responsible bidder, in the amount of $130,568.40,
deleting I. C. 51-372. Roll Call Vote: Redpath, Osterholt, Edstrom,
Pauly and Penzel voted "aye". Motion carried unanimously.
5. Final plat approval , Garrison Forest 4th Addition (Resolution No. 80-87)
Formerly item III. L.
MOTION: Osterholt moved, seconded by Redpath, to continue final plat
approval for Garrison Forest 4th Addition to the May 20, 1980 Council
meeting. Motion carried unanimously.
F. Report of Finance Director
1. Discussion on Tax Increment Financing
Finance Director Frane spoke to the communication from Mr. Endorf
of the Dorsey, Windhorst, Hannaford, Whitney & Halladay firm dated
May 2, 1980, regarding the method by which the City of Eden Prairie could
create a tax increment financing district.
MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft
a resolution establishing a Housing & Redevelopment Authority to be discussed
at the May 20, 1980 Council meeting. Motion carried unanimously.
MOTION: Osterholt moved, -seconded by Redpath, to set a Public Hearing for
June 3, 1980, to consider the possibility of establishing a Housinq and
Redevelopment Authority. Motion carried unanimously.-
Rich Robey, Manager of the Eden Prairie Center, stated to the best of his
understanding he can find only benefit in tax increment financing to the S
Eden Prairie Center and the community as a whole.
Penzel requested that the School Board be notified that the City Council
is considering tax increment financing.
IX. NEW BUSINESS
No "New Business".
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Osterholt; to* adjourn the Council meeting
St 9:46 PM. Motion rarrtipd unartiu+Gu,47.v_
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May 6, 19W
City Counci I
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Dear City Council Members:
The following comments relate to the proposed NSP substation in Eden Prairie:
1. We have been assured by the City Planner that the substation substructure wi 11
be adequately screened from our properties including a multistory building
on our highest elevation. We would like the developers agreement with NSP
to assure that the "as built" substation does in fact screen the site as represented
�.. to various neighboring property owners.
2. NSP should further agree that any plantings critical to screening be reploced
at any point in time when they fail.
3. NSP's plans for Eden Prairie should contain a firm commitment to replace, over
a reasonable period of time, the structural type towers with architectucl towers
In those areas where such towers are not compatible with existing or contemplated
land uses. We question the suitability of structural towers for any areas other than
industrial. Our personal concerns relate to these structural type towers in the
southwest quadrant of the MCA. When this 345 KV line was constructed, :t was
our understanding that NSP had agreed to use architectural towers except where
engineering considerations dictated the traditional towers such as points of angle
In the alignment. We questioned the NSP engineering position at that time.
Subsequent observations of architectural towers at the extreme 90 degree angle
confirms our original opinion.
P
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REAliOf!•
30/0 Woo SOIh Street•Edina.Minnesota 5SQ4•927.7043
MEMBER RELO—WORLD LEADER IN RELOCATION
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We consider the esthetics of the structural type towers equally as unsuitable to our
area as the esthetics of a substation. NSP will be required to screen their substation.
Towers cannot be screened. Underground lines are considered economically unfeasible.
Architectural towers are a reasonable comprise. We are being asked to accept another
esthetically negative NSP development in our area. This could be offset somewhat by
architectural tower replacements.
Very Y trul yours,
BERMEL-SMABY REALTY, MC.
1
Bruce C. Bermel John Temon
Executive Vice President
1
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LAW OFFICES HAROLD LCVANOER
ART►tUR GILLEN
LeVander, Gillen, Miller & 3Iac nuson � :�ui A. MAGNUSON
402 DROVERS DANK OYILOING • 639 SOUTH CONCORD STREET NAROLD LCVANOCR. JR.PAUL H. ANOCRSON
SOYTH ST. ►AYE. MINNESOTA 33073 • TELCPHONE 46121 431.1631 TIMOTHY J. KYNTZ
VAN 1CL J. OECSON
April 14, 1980
Chairman and Members of P1•anning Commission
City of Eden Prairie
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Northern States Power Company
Request For PUD Concept Approval To Construct
Substation North of West 78th Street & South of T.H. #5 .
Dear Mr. Chairman and Members of the Commission:
I. am writing to you on my own behalf and on behalf of my parents,
Calvin and Helen Anderson, my sister, Mary Ellen Bland, with ,
respect to the public hearing on April 14 , 1980. This hearing
is on the request of Northern States Power Company to construct
a substation upon 12 acres of land North of West 78th Street
and South of Trunk Highway #5.
Please be advised that my parents , my sister and I are owners of
a parcel of land on the easterly shore of Idlewilde Lake. This
parcel of land has betn affected by past development of Northern
States Power Company and also will be affected by the presently
planned NSP development. More particularly, Idlewilde Lake originally
drained to the North, eventually running into Purgatory Creek. This
drainage was altered by the construction of the Foto Mark parking
lot, the NSP transmission tower site and the construction of 494 .
The natural drainage for the pond originally ran on what is the
northerly edge of the parcel presently being developed by Northern
States Power Company.
5
The normal high water level of Idlewilde Lake as shown on the 1967
National Geological Survey is 852 feet S.L.D. In 1972, the
Riley-Purgatory Creek Watershed District ascertained that the ordinary b
high water level was 853. 5 S .L.D. and that at the time their sur-
vey of the lake showed that the actual water level of the lake was
856.7 S.L.D. Presently the water level on the Lake varies between
approximately 857 and 860 feet S.L.D. Presently there is no outlet
to the lake unless it were to flood over West 78th Street.
You should be aware that there is a culvert underneath hest 78th
Street connecting the lake with the property to the north . Before
the alterations caused by Foto Mark and NSP, there was a small
pond just to the North of West 78th Street. The water would run
Y
Chairman and Members of the Commission E
April 14 , 1980
Page 2
q
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from the small pond into Idlewilde Lake. When the water in
the lake went above the ordinary high water mark, the water
would then run North out of Idlewilde Lake into the small pond
and the. overflow into a ditch and would ultimately wind its
way to Purgatory Creek. When Foto Mark put in its parking lot
and NSP put in its transmission tower this small pond to the
north of West 78th Street was filled and the culvert outlet was
plugged. This left no natural outlet for the lake and resulted
In the raising of the water level and the flooding of our pro-
perty. _
In 1973 when the sanitary sewer and water were put in in this
area, we requested that the City .at that time construct a storm
sewer so that- an outlet could be provided for the pond and permit
the lake to return to its normal high water level. At that time,
we cited the alteration in the natural drainage for the lake.
Unfortunately, the Council did not authorize the installation of
the storm sewer at that time.
f Idlewilde Lake presently serves as the ponding area for surface
\. drainage for a considerable area of land surrounding it. Because
-of the blockage of the normal overflow from the lake, this has
worked to our detriment by causing flooding of our property and a
higher than normal high water level. - We believe that our property
rights have been unjustly affected by the action of Foto Mark and
USP in the past and do not wish to suffer further damage by con-
tinued development without the correction of the problems created
by past development. Accordingly, we object to the approval of
the present PUD concept until proper actions have been taken to
assure that the drainage and storm sewer for Idlewilde Lake are
taken care of by the City and all parties affected.
In support of the position that the natural drainage has been
altered, I cite my parents personal knowledge. My father has been
a resident of the City of Eden Prairie for over 70 years and is
very familiar with this area. Also, my father has obtained the
v statements from other longtime residents of Eden. Prairie who have
farmed the affected land or land adjoining this and have first
hand knowledge of- the normal drainage for Idlewilde Lake. Copies
of the statements are attached for your information and review.
It is our intent to be present at the Planning Commission meeting
on the 14th and we will be able to answer any further questions
you may have with respect to this objection at that time.
Very . 1 y yours
1
Paul It. Anderson
PHA:c j
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