City Council - 10/21/1980 R
APPROVED
EDEN PRAIRIE CITY COUNCIL MINUTES
DAY, OCTOBER 21, 1980 7:30 PM, CITY HALL
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i;IL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dave Osterholt,
Paul Redpath and Dean Edstrom (arrived
at 7:50 PM)
:NCIL MEMBERS ABSENT: Sidney Pauly
.NCIL STAFF PRESENT: City Manager Roger K. Ulstad; Planning
Director Chris Enger; Director of Community
Services Bob Lambert; City Engineer Carl
Jullie, and Joyce Provo, Recording Secretary
:VOCATION: Councilman Paul Redpath
EDGE OF ALLEGIANCE
L-L CALL: Penzel , Osterholt and Redpath present; Edstrom arrived at 7:50 PM; and
my absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item III. D. on the Consent Calendar was changed from November 18 to November 4.
Items VII . A. Request fo preliminary plat approval for Prairie Lakes Condominiums
Anderson Lakes Addition - Resolution No. 80-206, and VIII . E. 1. Schooner
Boulevard design section were moved to the Consent Calen ar.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amendc'.
and published . Motion carried unanimously.
II. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL, PARKS, RECREATION & NATURAL
RESOURCES COMMISSION AND THE HISTORICAL & CULTURAL COMMISSION HELD THURSDAY,
OCTOBER 2, 1980
MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the
Special Meeting held Thursday, October 2, 1980)as published. Motion carried
unanimously.
; II. CONSENT CALENDAR
A. 2nd Reading of Ordinance No, 80-02, rezoning from Rural to RM 2.5 for
Michelangelo Gardens and developer's agreement
B. Mn/DOT Grant Agreement for Co. Rd. 1 Bikeway (Resolution No. 80-208)
C. 100% Petition from Braun-Kaiser & Company for Trunk Watermain extension
on Valley View Road, I .C. -356 (Resolution No. 0- 9
D. Request to set Public Hearing for Eden Prairie Community Church for
C November 4, 1980
E. Request to set Public Hearing for Single Tree Office Building for November
18, 1980
ty Council Minutes - 2 - Tues. ,October 21, 1980
F. Request for Thorn Creek Environmental Assessment Worksheet Finding of No
j Significant Impact Resolution No. 80-205
G. License agreement with Chicago & Northwestern Transportation Company for Co.
Rd. 4 bikeway railroad crossing Resolution No. 80-216)
I H. Approve plans and specifications and order bids for improvements in Sunset
y Trails , I .C. 51-392 Resolution No. 80-211
I. Request for preliminary plat approval for Prairie Lakes Condominiums (Anderson
Lakes Addition) Resolution No. 80-206 formerly item
J. Schooner Boulevard design section (formerly item VIII . E. 1 . )
Edstrom arrived at this point of the meeting.
MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the Consent
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS A. T.H. Frontage Road, Fuller Road to Co. Rd. 4 (continued from 8/5/80)
City Engineer Jullie referred to his memo dated October 16, 1980, recounting
the original hearing for the project which was held August 5th. Since that
time Jullie stated he has talked with other property owners who expressed c
a concern about the potential for a channelized left turn off of Hwy. 5, and
also sent a letter to the Mn/DOT requesting that they check into that
possibility. The Mn/DOT advised the City that they could provide a "painted"
type median which certainly is somewhat less than what the City would hope to
have there. Mn/DOT Cited the excessive costs that would be involved in widening
out the road section and feel the painted median is a possibility that may
well do the job for us. Jullie also talked to the Birchwood Lab people and
they have been talking with the E. A. Sween Company in trying to arrange some
i sort of an interconnection between their parking lot so that both companies
can use the access off of Co. Rd. 4. This would solve their problem, but the
' rest of the companies along Fuller Road would still be lacking good access .
The Council did further request at the August 5th hearing that the City look at
alternates, those being, extending a road westerly across the Birchwood Lab
property at the south property line, and also extending Fuller Road south and
connecting to Co. Rd. 4. Staff has taken a preliminary look at that and it does
appear the best solution would be to extend Fuller Road south . However, }
to analyze that further and get some cost estimates, and also because there are
additional property owners involved, Staff suggested that be a separate project
and Jullie asked that the Council close these proceedings , and direct Staff to
prepare a new feasibility report for that southerly extension. Staff would try
to work on that over the next couple of months and then be back to the Council
with a report. If the Council chooses, then there would be a new process and a
new hearing to cover the expanded assessment area. F
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing on
T.H. 5 Frontage Road to Co. Rd. 4, and instruct staff to prepare a feasibility
{ report on the extension of Fuller Road south. Motion carried unanimously.
Council asked that the traffic problem at Fuller Road and Hwy. 5, and also
at Mitchell Road and Hwy. 5, be referred to the Mn/DOT for a recommendation.
Council Minutes - 3 - Tues. ,October 21, 1980
B. Drainage outlet for Lake Idlewild, I .C. 51-385 (Resolution No. 80-196)
Penzel explained one of the major questions raised on October 7th was what
affect lowering the lake would have on the contours/shape of the lake.
City Engineer Jullie stated late this afternoon the City did receive some
surveying information with some lake depths. These surveys indicate a lake g
depth 20 - 25 feet from the shoreline to be about 7 - 8 feet, and at
places where the lake apparently has been dredged extensively there are depths i
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running up to 12 - 13 feet deep. Right across about the middle of the lake it
is about 9 feet. Jullie suggested setting the outlet pipe elevation at 853.5
(it is presently 857.4) as recommended by the Department of Natural Resources.
This could be somewhat of a trial elevation in that if over a period of time it
was determined it was too low, we could tuild a little weir around the outlet and
raise it around a foot and a half. The developer has agreed to set his minimum
floor level at 860, which would give plenty of reserve so if we have to raise it,
his buildings would still be high enough. The developer, however, would have to I
do a little filling to get a proper pad, but that seems to be a reasonable
situation.
Tony Hirt, representing the Eden -Prairie Presbyterian Church. expressed
concern about the drainage problem for the church property and assessments,
which City Engineer Jullie responded to. Mr. Hirt also asked that the
Council consider deferring the assessment against the church property in the
same manner as proposed for the residential properties , thereby putting the
church property into category 2.
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Penzel commented the specific application of a proposed assessment will only
occur at the assessment hearing. The Council at the assessment hearing will then
consider how it should actually be distributed� as at that time cost figures will
be available.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-196, ordering improvements for I . C. 51-385 Drainage
Outlet for Lake Idlewild. Motion carried unanimously.
C. Dolejsi Addition b Joseph Dolejsi . Request to rezone 2 acres from Rural to
RI-22 and preliminary plat. Located at 6445 192nd Avenue West (Ordinance
No. 80-26 and Resolution No. 80-203)
The proponent, Joseph Dolejsi , presented his proposal to the Council ,
City Planner Enger explained this item was reviewed at the 9/22/80 Planning
Commission meeting and the Commission recommended to the Council approval of
the division of the property, approval of the variance for the preliminary
plat with no frontage on a public road, and approval of the rezoning from
Rural to R1-22.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
give a 1st Reading to Ordinance No. 80-26, rezoning 2 acres from Rural to R1-22
for the Dolejsi Addition by Joseph Dolejsi . Motion carried unanimously.
( MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-203,
approving the preTiminary plat for the Dolejsi Addition by Joseph Dolejsi .
Motion carried unanimously.
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City Council Minutes - 4 - Tues. ,October 21 , 1980
D. Lake Riley Estates by Leonard Swedlund. Request to preliminary plat
14+ acres zoned Rural into 3 lots. Located north of Lake Riley and east
of Chanhassen. (Resolution No. 80-204)
Ron Bastyr, McCombs-Knutson, representing Leonard Swedlund, spoke to the
proposal .
City Planner Enger explained this item was considered at the 9/8/80 Planning
Commission meeting and the Commission recommended approval of the Lake Riley
Estates plat dated 8/11/80 as per the Staff Report of 9/4/80 on a 4 - 2 vote.
Mr. Levitt voted against the proposal as he felt the parcel could be divided
into two rather than three lots and meet all ordinance requirements.
Enger added this item did appear before the Board of Appeals & Adjustments
and a variance was granted for the minimum lot size as two of the lots
are under 5 acres in size by about 3/10s of an acre, and also granted a
variance for mean width of 300 feet as two of the parcels did not meet an
average width of 300 feet.
Director of Community Services Lambert explained the Parks , Recreation &
Natural Resources Commission reviewed this proposal on October 20th and again
recommended this parcel be purchased for park purposes and, if that is not
feasible, they would recommend approval of the preliminary plat request to
subdivide it into 3 lots.
Edstrom agreed with Mr. Levitt that the parcel should be subdivided into two
parcels, which would clearly meet the ordinance. Edstrom felt the City should
stay with the standards that have been set with ' 5 Acres'in the
Rural area when there is no rezoning.
Osterholt added it might be found when the area is surveyed that the variances
could be less than 3/10s of an acre. Also it is a matter of trying to
accommodate an individual with a financial situation where he needs the help
i right now.
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Redpath asked if the area had been surveyed. Bastyr replied in the negative.
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' MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing
and adopt Resolution No. 80-204, approving the preliminary plat for Lake
Riley Estates by Leonard Swedlund as per the recommendations of the Planning
Commission and staff report dated 9/4/80. Redpath, Osterholt and Penzel
voted "aye"; Edstrom voted "nay" . Motion carried.
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V. PAYMENT OF CLAIMS NOS. 3537 - 3713
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos .
3537 - 3713. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzei voted "aye".
Motion carried unanimously.
VI. REPORTS OF ADVISORY COMMISSIONS
a
No reports.
ff VII . PETITIONS, REQUESTS & COMMUNICATIONS
1.
A. Request for preliminary plat,approval for Prairie Lakes Condominiums Anderson
i Lakes Addition - Resolution No. 80-206
This item was moved to the Consent CaTenda r (III . I . ).
City Council Minutes - 5 - Tues. ,October 21 , 1980S
<j.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Osterholt asked that staff check and see how much of the wiring, if any,
in the Community Center is anticipated to be aluminium wiring, and see
what the costs would be to use copper wiring entirely.
2. Penzel referred to the request from Bloomington that a Joint Transportation
Committee be formed between Eden Prairie and Bloomington, and asked that
consideration of appointments to this Committee be placed on the November
4, 1980 Council agenda.
B. Report of City Attorney
No report.
C. Report of City Manager _
No report.
D. Report of Director of Community Services 1
1. Round Lake Irrigation (continued from 8J5/80)
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MOTION: Osterholt moved, seconded by Redpath, to continue this item
to the Fall of 1981 as per the recommendation of Director of Community
Services Lambert in memo dated October 16, 1980. Motion carried
unanimously.
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2. Park Use Ordinance
Penzel suggested that each Council member review the ordinance and make any
recommendations to Director of Community Services Lambert, and that the
ordinance be on the Council agenda on November 4th to be officially
considered. Council members concurred with this suggestion.
3. Request of Community Education Advisory Council
Director of Community Services Lambert spoke to his memo dated October 16,
1980, regarding an appointment to the Community Education Advisory Council .
Since there will be two new members elected to the City Council , the F
Council asked that Mick Anderson, representing the Community Education '
Advisory Council , appear before the new Council in January regarding this
request.
4. Grill House repair
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MOTION: Osterholt moved, seconded by Redpath, to authorize staff to spend
$3,200.00 for a temporary roof on the Grill House. Roll Call Vote:
Osterholt, Redpath, Edstrom and Penzel voted "aye". Motion carried
unanimously.
5. Resolution on Historical & Cultural Commission responsibilities (Resolution
No. 80-207
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-
207, defining responsibilities of the Historical & Cultural Commission
relating to historic sites, Motion carried unanimously.
City Council Minutes - 6 - Tues. ,October 21 , 1980
6. Funding sources for More House acquisition
Director of Community Services Lambert referred to his memo dated October
16, 1980, adding the More's were thinking in the range of $160,000 for their
house and felt the appraisal the City received of $125,000 was too low.
However, Lambert stated he has not formally negotiated a price with the More's
at this time.
MOTION: Edstrom moved, seconded by Osterholt, to instruct Director of
Community Services Lar,.bcrt and Councilman Redpath to negotiate an optior
with the More's for the acquisition of their house. Motion carried
unanimously.
Planning Director Enger suggested that there may be funds available through
Community Development Block Grants for rehabilitation of historical sites,
which Lambert stated he would look into.
7. Advertising in Community Center
Director of Community Services Lambert spoke to his memo dated October 16,
1980, asking if the Council would like to consider a policy for advertising
in the Community Center as a few calls have been received from companies
offering donations if their name can be displayed on the article donated.
General discussion took place regarding this item, and City Manager Ulstad
suggested staff could take the name and address of the companies interested
in advertising in the Community Center and the type of donation they would
like to give. This list of requests to be submitted to the Council for
{ review at a later date.
8. Request for BMX Trail
Penzel explained this request for a BMX Trail was brought to him by a parent
whose son has been very active in this activity, and it turns out there are
a number of people in Eden Prairie who are interested in this activity.
Edstrom questioned if there would be erosion on such a site because of the
grading. Director of Community Services Lambert replied that is taken into
consideration in the design and there is some maintenance that has t:, be done
to assure there are no erosion problems.
Redpath asked how much the liability insurance would be, Lambert responded
in talking to other communities they haven' t had any significant raises in
! their insurance, but the City would have to have special liability coverage
whenever there is a race. Generally when there is a race the City charges .
the participant enough to cover the cost which goes into paying for the
insurance.
Osterholt asked if there are any people in Eden Prairie interested in sharing
of the funding to produce the track, even if it is manpower.
John Lobben, 14090 Forest Hill Road, a BMX enthusiast, commented typically the
other cities who have put in tracks have had sponsoring groups . That group
donates a considerable amount of person power to assist in not only the races,
but also in the maintenance of the track. As far as to defray the cost for
anything, some cities have worked out an arrangement that the race fees for the
race would go to the City for the cost of working on the track, i .e. ,
maintenance and track improvements that are desired. There is not an .
association in Eden Prairie right now, however, there is a great deal of
interest. People are willing to donate labor but no money at this time.
Lobben expressed a willingness to help organize an association,
City Council Minutes - 7 - Tues. ,October 21, 1980
8. Request for BMX Trail (continued)
This item was continued to a date uncertain allowing Mr. Lobben time to
talk to people regarding an association.
E. Report of City Engineer
1. Schooner Boulevard design section
This item was moved to the Consent Calendar (III. J. ).
2. Agreement with Edina regarding trunk watermain on Washington Avenue
City Engineer Ju11ie spoke to his memo dated October 16, 1980, recommending
approval of the project and authorizing payment to the City of Edina
for construction costs from Eden Prairie's trunk fund upon completion of
the work.
MOTION: Redpath moved, seconded by Osterholt, to approve the agreement
and authorizing payment to the City of Edina for construction costs from
Eden Prairie's trunk fund upon completion of the work contingent upon
Councilman Osterholt's review of the 1968 agreement. Roll Call Vote:
Redpath, Osterholt, Edstrom and Penzel voted "aye". Motion carried
" unanimously.
IX. NEW BUSINESS
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No "New Business" .
X. ADJOURNMENT j
MOTION: Redpath moved, seconded by Osterholt, to adjourn the meeting at
8:50 PM. Motion carried unanimously.
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