City Council - 10/07/1980 Mi
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f APPROVED
EDEN PRAIRIE CITY COUNCIL MINUTES
TUESDAY, OCTOBER 7, 1980 7:30 PM, CITY HALL t
COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
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COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; Finance Director
John Frane, 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
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The following items were added under the City Engineer' s report: I. Change #
Order No. I to Contract No. 51 -325 D-G, Progressive Contractors , Inc. ,in the
amount of $18,365.00 for watermain extension to serve the Community Center at
.. Round Lake Park as VII. E. 8, and 2. Resolution No. 80-202, authorizing permit
application for connection to Metropolitan Waste Control Commission interceptor
sewer on Industrial Drive, I .C. 51-288 as VII. E. 9.
MOTION: Redpath moved, seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
II. APPROVAL OF MINUTES
A. Housing & Redevelopment Authority meeting held Tuesday, September 2,
1980
2nd para. , last line, strike "Council" and insert "Commission" ; 6th para. ,
5th line, strike "Council " and insert "Commission".
MOTION: Osterholt moved, seconded by Pauly, to approve the Housing &
Redevelopment Authority minutes of September 2, 1980, as amended and
published. Motion carried unanimously.
B. City Council meeting held Tuesday, September 2, 1980
Pg. 1, 4th para. , last line, strike "Bukelich" and insert "Vukelich" ; Pg. 5,
last para. , 1st line, strike "Sather" and insert "Sathee" ; Pg. 8, 5th para. ,
6th line, strike "impervious" and insert "pervious" ; and on Pg. 9, 9th para. ,
( strike "hasen't" and insert "hasn't". .
MOTION: Redpath moved, seconded by Osterholt, to approve the City Council
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minutes of September 2, 1980, as amended and published. Motion carried
unanimously.
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City Council Minutes 2 - October 7, 1980
C. City Council meeting held Tuesday, September 16, 1980
Pg. 6, 4th para. , 5th line, strike "aids" and insert "aides" ; Pg. 10, strike
the 5th para. in its entirety.
MOTION: Osterholt moved, seconded by Redpath, to approve the City Council
minutes of September 16, 1980, as amended and published.
III . CONSENT CALENDAR
A. Request to set Public Hearing for preliminary a2proval of Municipal Industrial
Development Bonds in the amount of $410,000.00 for Ryan-Lakeridge Project for
November 4, 1980
B. Request to set Public Hearing for preliminary approval of Municipal Industrial
Development Bonds in the amount oP $500,000.00 for Hustad Properties Project
for November 4, 1980
C. Request to set Public Hearing for preliminary agproval of Municipal Industrial
Development Bonds in the amount of $345,000.00 for Oldre Partnership Project
for November 4, 1980
D. 2nd Reading of Ordinance No. 80-22, rezoning properties in Southwestern Eden
Prairie to Rural
E. Petition for improvements on Bennett Place, I.C. 51-375 (Resolution No.
80-198
F. 2nd Reading of Ordinance No. 79-39, rezoning Creekview Estates from Rural to
R1-13. 5 and approval of developer's agreement
G. Set Public Hearing for Eide's Knoll , rezoning of 4 lots to R1-13. 5 for
November 4, 1980
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H. 2nd Reading of Ordinance No. 80-20, changing the street names within the
plats of Bluff' s West and Bluff's West 2nd Addition
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I. Final plat approval for Topview Acres 4th Addition (Resolution No. 80-197)
J. 100% petition for improvements from Condon-Nae ele Realty, I.C. 51-396
TResolution No. 80-200 ?
K. Reschedule Public Hearings for Cable TV from October 21 and November 4, 1980,
to November 18 and December 2, 1980
L. Clerk' s License List
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M. Resolution No. 80-194, appointing election judges for the General Election ¢
MOTION: Redpath moved, seconded by Edstrom, to approve items A - M on the Consent
Calendar. Motion carried unanimously.
City Council Minutes - 3 - October 7, 1980
IV. PUBLIC HEARINGS °
A. Timber Creek PUD by B-T Land Company. Request for Planned Unit Development
approval on 150 acres of land for single family and multiple residential , park
land and open space uses. Located north of Duck Lake Trail , west of Co. Rd.
4, and south of Townline Road (Resolution No. 80-151 - PUD, and Resolution No.
80-159 - Environmental Assessment Worksheet) Continued from September 2, 1986
Planning Director Enger explained on September 2nd the Council instructed staff
to work with the developer to obtain a higher percentage of open space within
the northern portion of the project. The staff took a two pronged approach
to this: 1) to obtain an appraisal , and 2) to work through the PUD process as
the Council has in some projects in the past to see if a density transfer would
be in order to accommodate the additional park land. Staff suggested to the
developer that he consider a clustered housing approach in the northern portion
of the project to take the 'units and cluster them over toward the west, and to
dedicate to the City the land which had been suggested from the east side of
the knoll on down. This required a modification of the plan and the developer
has now come up with a different plan. 'Rather than 60 single family lots in the
northern portion of the plan, - the developer will cluster 100 multiple units
on the west side of the development north of Purgatory Creek. A total of
of approximately 68 acres of the 159 acres will be dedicated to the City as
open space and a density transfer credit from this land given. The developer
would then pay a cash park fee of approximately $82,000 to fulfill his park
obligation. Total number of units proposed change from 253 to 302.
Director of Community Services Lambert further added staff proposed to the
developer that if he dedicated the 7.6 acres in the southwest corner of the
( plan, flood plain, the 10.4 acre northern park and the northern wooded hill
(a total of 68 acres ) , he would get a density credit over the entire area, plus
the developer would have to pay the cash park fee on top of that. The
developer thought this would be reasonable. Thus the City would get about 68
acres of park land and about $82,000.00 in cash park fees.
City Engineer Jullie reported there has been some discussion about the Townline
Road access and staff has looked at a couple of points where the curves are rather,
steep, and the sight .distance is limited. It would take a lot of expensive
grading to bring those sections down to what the City would call good design.
Jullie feels something can be done to lessen the severity of the poor sight
distance, and in the near future what th* City plans to do as part of the water
main construction is to overlay Townline between Woodland to . Scenic Heights
Road, which is to the west of the project, with a bituminous overlay and probably '
do something to correct the severe peak. Other than that, Jullie added he looks
to the future when the County would reconstruct Townline Road with a new
alignment to the north of the present location, and then the existing Townline I
Road would be a frontage road.
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Mike Reuter, 6602 Rainbow Drive, asked when Hennepin County is going to improve
Townline Road.
Jullie replied it is not on their capital improvement program right now; however,'
the City of Eden Prairie in its approval of the Crosstown extension from
Shady Oak Road to Hwy. 494 did stipulate that the upgrading of Townline Road
would go hand-in-hand with that project. The County does have preliminary
approval for federal aid urban funding on the Crosstown, so it may not be too
long before the County will be back and wanting to proceed with the Crosstown
project. At that time the City will reiterate the desire to have Townline Road
upgraded.
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City Council Minutes 01 - 4 - October 7, 1980
A. Timber Creek PUD by B-T Land Company (continued)
Mr. Reuter added he talked to a homeowner who put a driveway in a couple of
hundred feet away from the proposed road in this project, and the County told
him if he asked for permission to do so at this time he would be turned down.
Enger referred to a letter which he received from the County dated February 7,
1980, and stated he also has been in conversation with the County staff two
times on this road. In their letter they give a review of the access to Co.
Rd. 4 and they say adequate sight lines exist, but that bypass lanes and right
turning lanes will have to be provided by the developer. That is , improvements
have to be made to Co. Rd. 4 by the developer in order to make that entrance
acceptable.
Mr. Stensgaard, 6544 Eden Prairie Road, expressed concern about the road being
put onto Co. Rd. 4 right in the middle of the hill , and asked if Staff had
checked with the City's Public Safety Department as to what the results of that
road would be.
Enger replied he has not checked with the Public Safety Department. The County
is the body the City checks with on Co. Rd. 4, and they check the sight lines.
Penzel added that would have to be part of any review before any rezoning will
be accomplished.
Ed Rajack, new resident of Chatham Wood , whose property abutts Purgatory Creek, '
stated he bought the property because it was backed up to a single family dwelling
and at the time he was under the assumption it was to be park land developed on
the opposite side of Purgatory Creek. Sunday he came to find out via a letter
that now 100 multiple units are planned for that part of the creek; and he is
upset as he was under the impression the original concept for the area was
single family dwellings which he has no objection to. Feels the treatment of
the density in the area may very much lower the property values.
Harold Trocke, 15801 West 62nd Street, commented that he would like to see
buildina of the multiple units held off until there is a better road going
through on 62nd Street, and asked if a traffic study had been done on West
62nd Street as Mr. Jul fe -previously stated would be done. r
Jullie responded the present volume is 1 ,500 trips per day and this proposed
development (100 units) would add 800 - 1 ,000 trips per day assuming all
traffic would go west of Co. Rd. 4. This would bring the traffic up to 4
2,500 trips per day. The road section is about 20 feet wide and is less than
what would be desirable if we were to start from scratch and build a new facilit,
The road is reasonable and would last for a period of at least 2 - 3 years
until the Crosstown extension is a reality. The developer would be phasing his
development over a period of years. Jullie added other things can by done to
control the traffic, i .e. , stop signs , more police surveillance
Tim Pierce, 16669 Honeysuckle Lane, spoke in favor of the proposal and commended
the City staff and the proponent for the effort they have made to come up with
a modified plan which has been presented this evening.
MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 80-151 , approving the Timer Creek PUD by B-T Land Company
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath , to adopt Resolution No. 80-159,
finding the Environmental Assessment for Timber Creek a private action does not
require an Environmental Impact Statement,. Motion carried unanimously.
City Council Minutes - 5 - October 7, 1980
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B. Redevelopment Plan and Tax Increment Financing Plan (Resolution No. 80-188)
Continued from September 16, 1980
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing
and adopt Resolution No. 80-188, granting approval of a Redevelopment Plan and
a Tax Increment Financing Plan. Motion carried unanimously.
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C. 1980 Special Assessments - Duck Lake Vista Improvements , I.C. 51-367 (Resolution
No. 80-195
City Engineer Jullie spoke to Resolution No. 80-195, recommending approval
of same.
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 80-195. '.
approving 1980 Special Assessments for Duck Lake Vista. Motion carried
unanimously. _
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D. Drainage outlet for Lake Idlewild, I .C. 51-385 (Resolution No. 80-196)
City Engineer Jullie spoke to the proposed drainage improvement to provide an 4
outlet for Lake Idlewild with the estimated cost of the pipe to be $72,400.00.
The proposal would be at the time of the assessment hearing, to recommend
to the Council that it be spread on an equal per acre basis to all of the
property in the drainage area limits. The rate would be $848.00 an acre. The
project schedule would be to take bids in March or April next year, and award a
contract with construction to be completed by mid-summer. The assessment hearing
would be held about a year from now and the City Council at that time would
! determine what method of assessment would be used and the term of the assessment.
\._ Also the recommendation in the feasibility report is at that time the Council
would consider a deferment for the single family residential properties which
would last for 5 years. This would give the single family property owners a
chance to make whatever arrangements appropriate to pay the assessment.
Jullie added the project is feasible and will be a benefit to the drainage area
and a benefit to the properties that would be assessed.
Osterholt felt a formal response should be made to Rosemount,. Inc. 's letter
before any formal action is taken. (Letter attached as part of minutes)
Osterholt asked when the notices were mailed to the property owners, was there
any indication of the cost estimates. Jullie replied the notice included the
total project and not individual assessments. Osterholt commented more people
may have shown up if they knew what their portion of the costs were.
Mrs. Kooiman, 7936 Eden Road, presented a letter to the Council objecting to
the assessment against her property. (Letter attached as part of minutes)
Paul Anderson, one of the petitioners for the project, gave a brief background
on how the drainage problems came to exist, and spoke in favor of the improvement
Redpath asked if the developer plans on recapturing some of the shoreline.
Mr. Heiberg, President of Land'Sake, a company which joined with the Anderson's
in the petition for the improvement, commented they do anticipate recovering
some of the shoreline which he pointed out to the Council .
Osterholt added in other situations where the Council has considered improvements °
the Council has asked for a feasibility report from Staff and he would feel
more comfortable if we had that for this improvement. ;
City Council Minutes - 6 - October 7, 19$0
D. Drainage outlet for Lake Idelwi l d Cconti hued)
Lee Carlson, Project Engineer for Rosemount, Inc. , added they wrote the letter
to make their feelings known toward the assessment and are not trying to
oppose the project as such. Rosemount, Inc. does agree with the City Engineer 1
that the lake does not have a drain. It was noted that Rosemount, Inc. previously
opposed this improvement when it was proposed in 1976.
Osterholt stated he has some sympathy for what K.00iman said in her letter.
The single family property owners in the area get infringed upon by development
coming in. They don' t build the large parking lots which cause the runoff,
they don't build the large buildings with the runoff from their roofs, etc.
It is somewhat of an imposition, and there should be some way the single family
owners be given some kind of recognition.
MOTION: Edstrom moved, seconded by Osterolt, to continue this Public Hearing
to October 21 , 1980, and direct staff to mail out a list to all affected property',
owners informing them what their assessment will be and what the actual rate-
will be, information to be provided to the Council showing some configuration
of the lake if reduced 2 1/2 feet with a staff recommendation on what the
lake level should be as the Watershed District and Department of Natural i
Resources has come up with two different opinions. Motion carried unanimously.
Mr. Heiberg stated he is looking for some direction from the Council and property
owners, if possible, as to the level of the lake they would like and what kind
of a lake they want. From Mr. Heiberg's point of view, he would just as soon not'.
have it a low level lake or a marsh lake, but more of an amenity lake.
Penzel requested that anv of the property owners that live within the proposed
improvement district contribute information to staff which they may use
for their report, particularly factual information.
E. Lake Idlewild Office Development by Lake'Sake, Inc. Request for PUD concept
approval , preliminary pat and rezoning from Rural to Office for development
of "town-offices" . Located in the SW quadrant of US 169/212 and West 78th Stree'
(Resolution No. 80-190 - PUD, Resolution No. 80-191 - prel . plat, and
Ordinance No. 80-24 - rezoning)
Tom Heiberg, President of Land' Sake, presented the proposal and answered
questions of Council members.
Planning Director Enger explained this proposal was considered at the 8/25/80
Planning Commission meeting and the Commission recommended approval to the
Council of the PUD Concept, preliminary platting and rezoning of the 1st phase,
on a 5 - 2 vote, subject to the August 22, 1980 Planning Staff Report and
additional recommendations of the Planning Commission. One change from the
Planning Commission meeting is that the proponents have now submitted a plan for'.
an all brick building rather than 50% brick and 50% wood.
Director of Community Services Lambert stated the Parks, Recreation & Natural
Resources Commission reviewed this proposal on October 6th and the Commission
recommended unanimous approval as per the Planning Staff Report and Community
Services Staff Report.
Edstrom commented he could see by the minutes of the Planning Commission why
Mr. Levitt voted "nay" , but asked for Mr. Bearman' s reasons.
Enger replied both Mr. Levitt and Mr. Bearman mentioned after the vote was take.
that although the project was very laudible, they felt the Shoreland Managemen- :
Act would apply to this project in their opinion. For that reason they voted
against the project. Enger further added the Shoreland Management Act ha - be-
City Council Minutes - 7 - October 7, 1980
E. Lake Idlewild Office Development (continued)
adopted by the State but it does not have any legal standing until a community
adopts it as an ordinance, which hasn' t been done in Eden Prairie. If it had
been adopted as an ordinance in Eden Prairie, the Department of Natural Resources
recognizes the status of existing PUD's, and the Major Center Area is an existing
City Planned Unit Development. Enger added in staff's opinion, in order for this
site to develop at all , the requirements of the Shoreland Management Ordinance
would have to be waived.
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-190, approving the PUD Concept for Lake Idlewild Office
Development by Land'Sake, Inc. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 80-191 ,
approving the preliminary plat for Phase I of Lake Idlewild Office Development.
Motion carried unanimously.
Council expressed concerns about having a policy for variances from the
Shoreland Management Ordinance in the future, i .e. , property is basically closely
surrounded by transportation routes, has already been served by sewer and water
that has been paid for by the property owners, the quality of the lake itself,
how large the lake is, what changes have been made on the shoreline, what
surrounds it, what is the depth of the parcel , is it useable,
MOTION: Edstrom moved, seconded by Redpath, to give a lst Reading to Ordinance
No. 80-24, approving the rezoning for the lst Phase of the Lake Idlewild Office
Development. Motion carried unanimously.
Council directed staff to return to the Council with suggested guidelines for
variances to the Shoreland Management Act in the future.
MOTION: Edstrom moved, seconded by Redpath , to direct staff to draft a developer',,
agreement incorporating the recommendations of the Planning Commission, the
Parks, Recreation & Natural Resources Commission, and Staff Report dated
8/22/80. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 3310 - 3536
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos.
3310 - 3536. Roll Call Vote: . Osterholt, Redpath, Edstrom and Penzel voted "aye"
on Claims 3310 - 3536; Pauly abstained on Claim No. 3457 and voted "aye on all other
claims . Motion carried.
VI . REPORTS OF ADVISORY COMMISSIONS
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No reports.
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VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS .
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A. Reports of Council Members
1. Appointment of a member to the South Hennepin Human Services Council to Tilt
an unexpired term to 3 81
MOTION: Osterholt moved, seconded by Redpath , to appoint Rosemary Dysinger
to the South Hennepin Human Services Council to fill an unexpired term to
1/31/81 , subject to her acceptance. Motion carried unanimously.
City Council Minutes - 8 - October 7, 1980 '.
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2. Mayor Penzel referred to a letter from Dolejs Associates , Inc. ,
C consulting engineers for the Community Center, dated 10/3/80, which
the Council discussed in detail along with Director of Community
Services Lambert.
John Lobben, School Board member, stated the School Board at the end of
their regular meeting did discuss as a board and gave direction to their
administration to be in contact with the City to explore the need for a
varsity hockey storage room and also the cost considerations and
possibilities for School District participation. Lobben personally
felt this is a critical time to get dialogues together to where everybody
can be served better.
MOTION: Edstrom moved, seconded by Redpath, to authorize the increase
in the capacity of the ice refrigeration system to 135 tons , and
direct staff to secure cost figures from the contractors through the
architects on: a) expansion of the building to include a hockey team
locker room with shower and toilet facilities, and b) construction of an
outdoor hockey rink with a concrete floor and refrigeration system connection
to be used by the School District and the City for multi-use during the
summer months . Roll Call Vote Edstrom, Redpath, Osterholt, Pauly and Penzelf
voted "aye" . Motion carried unanimously.
Osterholt asked that staff call the Apple Valley rink and other rinks to
see if they have any leakage problems.
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B. Report of City Attorney
City Attorney Pauly commented that City Manager Ulstad had inquired about the
timing of the presentation of the question to the voters as to the continuation
of liquor in the City. Under the liquor laws when a municipality reaches
10,000 in population, the voters then are to be given the opportunity to
determine whether or not the municipality will continue on in municipal liquor.
After reviewing the section of the statute on that question, it provides that
within 1 year after any census becomes effective which results in a municipality
achieving a population of 10,000 people, the question of whether the
municipality shall continue its municipal liquor store will be submitted to
the voters. Another section of the statute says that the census becomes
effective when the Governor has received certified copies from the Federal
Director of the Census, and they have been filed with the Secretary of State.
After inquiring of the Secretary of State and receiving a reply back from them,
they indicated they have not received the 1980 census results as yet and don' t
expect to receive them until sometime in the Spring of 1981 . That means the
question can' t be on the ballot this November, it will have to be on next year.
It has to be on within one year, so there may have to be a special election.
MOTION: Osterholt moved, seconded by Pauly, to rescind the Council 's motion
adopted previously to place the liquor question on the November 4th ballot.
Motion carried unanimously.
C. Report of Ci] ,y Manager
1. 1981 City' Budget (Resolution No. 80-193) Continued from 9/16/80
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MOTION: Osterholt moved, seconded by Edstrom, to approve the 1981
City Budget and adopt Resolution No. 80-193, certifying the 1980
Tax Levy, collectable in 1981 . Roll Call Vote: Osterholt, Edstrom,
Pauly, Redpath and Penzel voted "aye". Motion carried unanimously.
Council commended City Manager Ulstad for an excellent ,fob,
City Council Minutes - 9 - October 7, 1980
D. Report of Director of Community Services
( 1. Red Rock Park alternate sites (continued from 9/16/80)
Director of Community Services Lambert explained that the City Council
on 9/16/80 directed him to go out and look at alternate park sites.
Lambert stated he looked at a potential park site right across the
road from Mr. Siefert's site. Lambert talked to the owners , who are the
Carmody�. did a park plan layout, and the plan does work. The land
would be" expensive to develop because there is a change in topo and the
facilities would have to be terraced. It would cost approximately double
for grading as to what was proposed for the Siefert site, and more than
double for the property. The City has not done an appraisal on the Carmody
parcel as yet, however, Mr. Carmody is thinking in the $15,000 an acre
category. At $1.5,000 an acre the cost of the land would be a total of
approximately $200,000.
Lambert added the Parks, Recreation & Natural Resources Commission on
10/6/80 asked that the City try to negotiate with Mr. Siefert to buy the
property, and maybe if Mr. Siefert realizes the City is willing to negotiate
a reasonable price, he might want to sell his property. The Commission
felt the City ought to be able to come to terms with payments to help
Mr. Siefert out as far as when he would want the money.
MOTION: Redpath moved, seconded by Osterholt, to instruct the City
Attorney to conduct negotiations with Mr. Siefert. Motion :arried
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unanimously. '
4. 2. Lake Riley Park
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Director of Community Services Lambert explained this item is on the agenda
at the specific request of the Parks , Recreation & Natural Resources
Commission for reasons outlined in memo dated October 1 , 1980. Staff
recommends that if the Council might want to consider a change in the statusr
of Riley Lake from a community park to a regional park, or to discuss
expanding the present boundaries of Riley Lake, the Council should call a
public hearing for October 21 , 1980 so all the affected property owners can
be notified.
Redpath asked if Mr. Len Swedlund was coming before the Planning Commission
now with a split off from his lots. Lambert replied in the affirmative,
commenting Swedlund's proposal is called Riley Lake Estates , which
initiated the discussion by the Parks, Recreation & Natural Resources
Commission.
Lambert stated as it stands now, it is a 40 - 50 acre community park located;
along the east shore of Lake Riley. The Commission feels because the
Swedlund property is located right on the City/County border, the type of
use it is, that there is a good share of people outside the community that
are using the park, therefore, it ought to be funded by more than Just
Eden Prairie residents.
Norm BelrVer, realtor for Len Swedlund, explained they have a particular prob
to address to the Council , which is, they need a decision as to whether the
City of Eden Prairie is going to go ahead with something regarding the
Swedlund property, or whether this is going to end up over at the Metropoli
Council . The Swedlund's are in bankruptcy and the firm is operating under
Chapter 11 and must sell the property to somebody.
City Council Minutes - - 10 - October 7, 1980
2. Lake Riley Park (continued)
Mr. & Mrs. John Kirtland, property owners on Lake Riley, and Bill Jellison,
9560 Nighview Drive, spoke in favor of leaving the park the way it is.
Lambert stated everyone should be aware the plan is not to leave it like it
is. Right now it is a nine acre park and the plan is it will be a 40 - 50
acre park someday at the maximum. It will not be a 200 acre regional park.
Osterholt felt the people around Lake Riley are saying they would like
a 40 - 50 acre community park, and the nucleus should start with the
Schaitberger property. The Swedlund property was offered to the City, and
the City felt it was too high, so the Council could not come to an agreement
on that property. If Mr. Swedlund has other thoughts on what the price could ;
be negotiated at, maybe the City could take a look at it.
Edstrom asked if the City could exclude people from other comnunities from
using the park? Lambert replied the City does not exclude anyone from using
any of the City parks, however, a charge is made to people that aren't City
residents that park there. !
MOTION: Osterholt moved, seconded by Pauly, to reaffirm the City's position
that Lake Riley remain a community park. Motion carried unanimously.
E. Report of City Engineer
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1. Request from Bloonin ton for Eden Prairie' s participatinn for storm sewer
on Riverview Road continued from 9/16/80
City Engineer Jullie spoke to his memo dated October 2, 1980, recommending
the City Council approve the request as submitted. Jullie also introduced
Russell Langseth, Public Works Director for Bloomington,
to answer any questions the Council may have.
MOTION: Osterholt moved, seconded by Redpath,` to approve the request
from Bloomington for Eden Prairie's participation for storm sewer on Rivervi
Road)and authorize the Mayor and City Manager to sign the "Agreement for
Construction and Maintenance of Storm Sewer Serving Areas in the Cities of
Eden Prairie and Bloomington". Roll Call Vote: Osterholt, Redpath,
Edstrom, Pauly and Penzel voted "aye" . Motion carried unanimously.
2. Consider bids for lime sludge removal
City Engineer Jullie recommended awarding the bid to G. L. Contracting, Inc
the low responsible bidder, in the amount of $579600.00.
MOTION: Osterholt moved, seconded by Edstrom, to award the bid for lime
sludge removal , I.C. 51-391 , to G. L. Contracting, Inc. ,- the low responsible
biddler, in the amount of $57,600.00. Roll Call Vote: Osterholt, Edstrom,
Pauly, Redpath and Penzel voted "aye". Motion carried unanimously.
3. Approve plans and specifications and order bids for improvements
on Industrial Drive, I.C. 5 - 88 (Resolution No. 8 - 99
City Engineer Jullie explained at the time of the Public Hearing for the
Industrial Drive improvement, the Council requested that the staff work
with property owners in developing plans and specifications primarily
regarding the scope of the road replacement. The plans and specifications
are now ready for Council approval and advertising. The concrete curb
City Council Minutes - 11 - October 7, 1980
3. Approve plans and specifications and order bids for improvements on
Industrial Drives I .C. 51 -288 continued
and gutter have been eliminated as part of the restoration, and the
street width cut down to 30 feet. Jullie felt the property owners are fairly
well advised as to what the new scope of the job is and requested Council 's
authorization to go ahead with advertisement for bids.
Dick Bury, representing Midwest Asphalt, 6401 Industrial Drive, asked if the
specifications include the carrying of traffic during the improvement.
Jullie replied in the affirmative, adding the City would require the
contractor to maintain local access.
Vincent Manerin, 6280 Industrial Drive, commented according to his letter
the street width was going to be reduced from 38 feet to 28 feet back-to-back
of the curb.
Jullie replied they did initially talk about 28 feet, and then Mr. Bury
responded to that and asked for 32 feet. Jullie explained he tried to
compromise with a 28 foot road down to the creek and then widen it out
slightly for the additional truck turning movement south of the creek.
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 80-199,
approving the plains and specifcations and order advertisement for bids
for T.C. 51-288, utility improvements and street restoration on Industrial
Drive. Motion carried unanimously.
4. Update on Water plant design
City Engineer Jullie spoke to his memo dated October 3, 1980, recommending
that the City Council authorize Black & Veatch Consulting Engineers to
proceed with plans and specs for Well No. 6 and a_one million gallon
storage tank.
MOTION: Pauly moved, seconded by Redpath, to authorize Black & Veatch
Consulting Engineers to proceed with plans and specs for Well No. 6 and a
one million gallon storage tank as per the recommendations of the City
Engineer. Motion carried unanimously.
5. Report on drainage Round Lake Park
City Engineer Jullie spoke to his memo dated October 3, 1980, recommending
the Council consider authorizing staff to proceed with the installation of
a 12" RCP pipe from the manhole located behind lots 6 & 7, Block 1 , Kirk
Meadows, to the ponding area located west of Co. Rd. No. 4 and north of the
entrance road to the park.
MOTION: Redpath moved, seconded by Pauly, to authorize staff to proceed
with the installation of a 12" RCP pipe as recommended by* the City Engineer.
Motion carried unanimously.
6. Report on deferred assessment for Neill Lake Storm Sewer project
City Engineer Jullie spoke to his memo dated October 3, 1980, adding he
has only received 2 calls from property owners and both seemed somewhat
satisfied.
MOTION: Osterholt moved, seconded by Pauly, to certify the deferred
assessments for Neill Lake Drainage District to the County. Motion carried
unanimously.
' City Council Minutes - 12 - October 7, 1980
7. Authorize plan4 and s_ ecjfjcations far lmpr9Yements in the Tax Increment �
f Di strii_ct CResolutign No, 80-201
4 MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-201 ,
authorizing the ordering of a Feasibility Report and preparation of plans
and specifications for improvements in the Tax Increment District. Motion
carried unanimously.
8. Change Order No. 1 to Contract No. 51-325 D,G
MOTION: Osterholt moved, seconded by Pauly, to approve' Change Order No.
1 to Contract No. 51-325, Progressive Contractors Inc. , in the amount
of $18,365.00 for watermain extension to serve the Community Center at
Round Lake Park. Motion carried unanimously.
9. Resolution No. 80-202, authorizing ermit application for connection to
Metropolitan Waste Control Commission interceptor sewer on In ustr a —
Drive, I.C. 5 -288
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No, 80-
202, authorizing permit application for connection to the Metropolitan
Waste Control Commission interceptor sewer on Industrial Drive, I.C.
51-288. Motion carried unanimously.
F. Report of Finance Director
1. Certification of delinquent water and sewer bills
MOTION: Redpath moved, seconded by Osterholt, to adopt the policy as
outlined in memo from Finance Director Frane dated 9/17/80, for the
collection of delinquent water and sewer bills. Motion carried unanimously.
VIII. NEW BUSINESS
No "New Business" .
IX. ADJOURNMENT
MOTION: Redpath moved, seconded by Pauly, to adjourn the Council meeting at
11 :15 PM. Motion carried unanimously.
�r
/p
7936 Eden Road
Fden Prairie, 1.1v. 55344
Oct. 7 , 1980 r
F_den Prairie City Council
Re: T .C . 51-385 Drainacxe Improvements/Outlet for
T.^ke idlewild
Dear Council Members :
This is to seek consider^tion and to make record of our
obir?ction to assessment against our property, Tract A of
RLS T'o . 895, for the subject improvements .
We have been in favor of a drainage system to control
the level of said lake at a maximum defined level since 1961
when we moved to our present site. It Is our belief that
there was such a system in effect in 1961 . There was an open
culvert under State Highway No . 5 (now W. 78th Street) which
corm!)ni cated with the property north of 78th Street. Maximum
level then was controlled by overflow from the north side of
76th Street to Purgatory Creek . The lake was at a low level
in the early 60' s when we first became familiar with the area.
A photograph is attached which shows the lake in about December,
1962. :Vote the muskrat houses existing at any point in the
lake . Maximum depth then, according to vivid personal rec-
ollection, was one inch above our hip boots. Upon close in- r
snection of the photo , one can even see the steel stake in
the left center of the lake which marked the northwest corner
of our lot per RLS No . 895.
The lake level rose considerably during the 60' s .
Several factors contributed to this in our estimation; Rose-
mount, Inc . moved into its present site and provided an
as.Dhalt parking lot which drained rain water and snow melt
directly into the lake ; Foto Nark Inc . , through its land de- f
velopment, apparently interrupted the overflow route to
Purgatory Creek; a governmenta", entity (perhaps Hennepin
County ) punched a large culvert under existing Highway 169,
thereby draining the area east of 169 into the subject lake ;
and the culvert under 78th Street was plugged , thereby! posi-
tive�y. eliminating~the only previously _existing
overflow roUtP.
We were not aware of the plugging of the culvert or the
potential significance of the Foto Mark development and pro-
ceeded to develop our "lake shore" in the 60' s by building
an asphalt tennis court and hauling in crushed rock to retard
erosion of the shore line since we believed it had stabilized .
2)
1
The enclosed reprint of a slide dated July, 1968 shows that
before we were to get a net around the court, the lake had
risen to an unexpected level . The rock we had put on the
"lake shore" was all under water, extending to about the edge
of the grass shown. Also as indicated , we could only mow a
small portion (about 1/5 to 1/10, see photo) of the area that
had previously extended to the "lake shore" .
Since 1968 the level has risen further, at tizes during
high water stages covering the asphalt with up to one foot of
water. The result has been that the tennis court was destroyed
alonE with four good sized trees near the lake. Also during
this period (1968 to the present) there was considerable de-
velopment and fillinE of the shore property presently ident-
ified as Minnesota State and Calvin Anderson properties.
This history is given to support our feeling that it is
not now fair to assess us for a storm sewer to correct actions
taken by others which were costly to us and completely beyond
our control. 'Re believe that such assessments should be re-
stricted to those who created the present problem by destroying
the overflow route which was in existence and by adding addi-
tional flowage into the lake (and reduced overflow area through
filling) without consideration to an overflow or outlet re-
quirement for level control . This we believe has been irre-
sponsible and we should not now have to pay further to correct
this irresponsibility .
Sincerely ,
Or-
Robert R. Koolman
�Ia C u-go oiman
f Rs W - w a
Y
t t
i
f
Rosemount
ROSEMOUNT INC., 12001 WEST 78th STREET / EDEN PRAIRIE, MINNESOTA 55344
Mailing Address: P.O. BOX 35129 / MINNEAPOLIS, MINNESOTA 55435
October 7, 1980 TEL: (612) 941-5560 TWX: 910-576-3103 TELEX: 29-0183
Eden Prairie City Council Members
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Ref: Proposed I .C. 51-385 Drainage Outlet for Lake Idlewild
The purpose of this letter is to go on record as taking exception to the
inequitable assessment being proposed against Rosemount for the above
project.
We have several concerns. They are:
1 . To our knowledge, no attempt has been made by the City to unplug
and use the existing overflow relief culvert under W. 78th Street
that provides overflow drainage to Purgatory Creek.
2. Since that culvert has been inoperative, additional drainage has
been routed to the lake in the form of a 20" culvert and surface +
drainage when T.H. 159 was upgraded. Over the past few years,
there has also been considerable fill deposited in the N.E. section
of the lake area which no doubt has had an impact on the lake level .
As of this date, there are several loads of dirt that were recently
deposited. There seems to be no control over dumping in this area.
3. A previous feasibility report for this same storm sewer was made
for Lake Idlewild under improvement contract 51-284 in 1976 and I
had a project cost of $42,510.00. The cost proposed now is $72,400,
a difference of $29,890. We are aware of inflation, however, the
increase in this project is considered excessive, especially when
it being proposed that Rosemount be assessed 41 .7% of the total
project while the petitioner and main beneficiary of this improve-
ment is only assessed 6.7% of the cost.
Rosemount is not against improvements that provide equal benefits and when the
costs are equally distributed.
We again recommend that the City make an investigation of the current overflow
culvert that crosses West 78th St. and determine if that culvert can be up-
dated or modified to relieve the lake to an acceptable level without involving
a costly project such as I .C. 51-385.
Sincerely,
•- J;'"
i. Ernest W. Echols cc: Mr. Roger Ulstad
1
Facilities 161ariager City Manager