City Council - 11/04/1980 APPROVED
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 4, 1980 8:00 PM, CITY HALL
COUNCIL MEMBERS; Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney i
Roger Pauly; Planning Director Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Consent Calendar as V. H. : Preliminary approval
of MunicipalIndustrial Development Bonds in the amount of $635,000.00 for pp
Prairie Partners Resolution No. 80-221 .
Item IX. D. 4. Parks, Recreation & Natural Resources Commission request concerning
identifying signs for lakes in the City was moved to the Consent Calendar ,V. I . ) .
MOTION: Redpath moved, seconded by Pauly, to approve the agenda as amended and
published. Motion carried unanimously.
II . PRESENTATION OF CHECK IN THE AMOUNT OF $1 ,350.00 TO BE USED AS PARTIAL PAYMENT
OR A FOUR-WHEEL DRIVE VEHICLE FOR EDEN PRAIRIE PUBLIC SAFETY DEPARTMENT
Presentation to be made by Dick Gran and Doug Meyer representing the Eden
Prairie Lions Club
Doug Meyer, Past President of the Lions Club, and Dick Gran, President of the
Lions Club, presented a check to Mayor Penzel in the amount of $1 ,350.00 to be
be used as partial payment for a four-wheel drive vehicle for the Eden Prairie
Public Safety Department. _
Mayor Penzel thanked the Lions Club on behalf of the City Council for the 3
contribution- of $1,350.00, and. for the support which the City has received
from the Lions Club in the past.
III . UPDATE OF COMPREHENSIVE STUDY OF HUMAN SERVICES IN THE SOUTH HENNEPIN AREA (.Russ
S tricker, Executive Director of the South Hennepin Human Services Council
Russ Stricker, Executive Director of the South Hennepin Human Services Council ,
brought the Council up-to-date on the study they are preparing. They will be
making a decision November 5th on how to report the information to the Council
so it can be in the most usable form, and the study should provide the Council with
the kinds of information originally requested of this project,
ouncil Minutes - 2 - Tues. ,November 4, 1980
IV. APPROVAL OF MINUTES
A. Special Eden Prairie City Council meeting held Tuesday, September 30, 1980
Pg. 3, paragraphs 1, 2 and 9, stroke "Doleis" and insert "Dolejs" .
MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of
the Special City Council meeting held Tuesday, September 30, 1980, as amended
and published. Motion carried unanimously.
B. Regular City Council meeting held Tuesday, October 7, 1980
Pg. 6, add the following language to the 1st paragraph: "It was noted that
Rosemount, Inc. previously opposed this improvement when it was proposed in
1976."
MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the
Regular City Council meeting held Tuesday, October 7, 1980, as amended and
published. Motion carried unanimously.
C. Regular City Council meeting held Tuesday, October 21, 1980
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the
Regular City Council meeting held Tuesday, October 21 , 1980, as published.
Osterholt, Redpath, Edstrom and Penzel voted "aye" ; Pauly "abstained". Motion
carried.
V. CONSENT CALENDAR
A. Request to set Public Hearing for Prairie House for December 2, 1980
B. Request to set Public Hearing for Edengate Single Family by Catco, Inc. for
December 2, 1980
C. Final plat approval for Anderson Lakes Addition (Resolution No. 80-217�_
D. Developer's agreement for Anderson Lakes Parkway Neighborhood Shopping Center
E. 2nd Reading of Ordinance No. 80-23, rezoning from C-Req. to Office for 7.7 acres_
for Bryant Lake Center/Lakeridge Office Park and developer's agreement
F. 2nd Reading of Ordinance No. 80-06 rezoning Opus Office Plaza to Office and
approval of deve oper s agreement
G. 2nd Reading of Ordinance No. 80-26, rezoning 2 acres from Rural to R1-22 for
Dolejsi Addition by Joseph Dolejsi
H. Preliminary approval of Municipal Industrial Development Bonds in the amount
0 6 5,000.00 or rairie Partners Resolution No. 80-221
I. Parks, Recreation & Natural Resources Commission request concerning identifying
signs for lakes in the City formerly item IX. D. 4.
MOTION: Osterholt -moved, seconded by Edstrom, to approve items A - I on the Consent
Calendar. Motion carried unanimously.
Council Minutes - 3 - Tues. ,November 4 , 1980 fir,
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VI. PUBLIC HEARINGS
A. Request for preliminary approval of Municipal Industrial Development Bonds
in the _amount of $410,000.00 for Ryan-Lakeridge Project Resolution No.
80-212
See VI. C.
B. Request for preliminary approval of Municipal Industrial Development Bonds
in the amount of $500,000.00 for Hustad Properties Project Resolution
No. 80-213
See VI. C.
C. Request for preliminary approval of Municipal Industrial Development Bonds
in the amount of $345,000.00 for Oldre Partnership Project Resolution No.
80-214 _
C#ty Manager Ulstad explained the individual requests as listed in item A, B
and C, although separate in one sense, are in another sense a collective approach
to put together a project for financing in total . The reason for this is to
save some front end costs, administrative costs, legal costs, etc.
Tom Ryan spoke to the requests for preliminary approval of the three industrial
revenue bond issues, those being: 1) the building which Mr. Ryan' s company
will occupy within the Lakeridge project, 2) the building that Mr. Hustad's
firm will occupy, and 3) the building that will be owned and occupied by Mr. Oldre. '
The reason they have taken this approach is that each of the three buildings ,
although owned independently and occupied by its owner, will be separate bond
issues, and they are asking the Council to approve each of the three tonight.
Mr. Ryan spoke to the application as submitted, displayed a site plan of the
area, and answered questions of Council members.
MOTION ON ITEM VI . A. : Redpath moved, seconded by Osterholt, to close the Public
Hearing and adopt Resolution No. 80-212, approving the request for preliminary
approval of Municipal Industrial Development Bonds in the amount of $410,000.00
for Ryan-Lakeridge Project. Motion carried unanimously.
Osterholt commented he has had some discussions personally with Mr. Ryan on an
interest in possible future offices for his firm in this area; however, there
have been no business contracts of any kind and he feels comfortable in voting
for this request.
MOTION ON VI . B. : Redpath moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 80-213, approving the request for preliminary approval
of Municipal Industrial Development Bonds in the amount of $500,000.00 for
Hustad Properties Project. Motion carried unanimously.
MOTION ON ITEM VI. C. : Redpath moved, seconded by Osterholt, to close the Public
Hearing and adopt Resolution No. 80-214, approving the request for preliminary
approval of Municipal Industrial Development Bonds in the amount of $345,000.00
for Oldre Partnership Project. Motion carried unaninously.
.ouncil Minutes - 4 - Tues. ,November 4, 1980
D. Eden Prairie Community Church, Request to rezone 5 acres from Rural to Public
r for construction of a church. Located west of the new High School and north of
Valley View Road (Ordinance No. 80-28)
Mayor Penzel relinquished the Chair to Acting Mayor Pauly as he is a member of
the Eden Prairie Community Church.
William Bonner, pastor of Eden Prairie Community Church, spoke to the proposal
and answered questions of Council members.
Planning Director Enger explained this item was reviewed by the Planning
Commission on 10/14/80 and the Commission recommended to the City Council on a
5 - 0 vote approval of the request for rezoning from Rural to Public use subject
to the Staff Report dated 10/9/80.
Director of Community Services Lambert added the Parks , Recreation
& Natural Resources Commission reviewed this proposal on October 20, 1980, and
recommended unanimous approval to the City Council .
Osterholt asked that staff look at the underpass that has just been completed
for the Susan Lakes Addition in Chanhassen and obtain information relative to
their construction costs and compare these costs with the estimated cost of
the underpass originally proposed at Valley View.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
give a lst Reading to Ordinance No. 80-28, rezoning 5 acres from Rural to Public
for construction of the Eden Prairie Community Church subject to the
recommendations in Staff Report dated October 9, 1980. Redpath, Osterholt, Edstrom
and Pauly voted "aye"; Penzel "abstained". Motion carried.
Mavor Penzel resumed the Chair after discussion on this item was completed.
E. Eide's Knoll by Orris Eide. Request to rezone 2 acres from Rural to R1-13.5 and
preliminary plat 4 lots for 3 new homes. Located at 15601 Valley View Road.
(Ordinance No. 80-29 and Resolution No. 80-220)
Planning Director Enger asked that this item be continued to November 18, 1980,
as there was not proper notification for this Public Hearing,
MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing
for Eide's Knoll to the November 18, 1980 Council meeting. Motion carried
unanimously.
VII . PAYMENT OF CLAIMS NOS. 3714 - 3863
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MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos.
3714 - 3863. Roll Call Vote: Redpath, Edstrom and Penzel voted "aye" on Claims
Nos. 3714 - 3863; Pauly abstained on Claim No. 3810 and "aye" on all other claims; 3
and Osterholt abstained on Claim No. 3838 and "aye" on all other claims. Motion
carried.
VIII. REPORTS OF ADVISORY COWIISSIONS
No reports.
-uncil Minutes - 5 - Tues. ,November 4, 1980 a,
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointments to the Joint Transportation Committee between Eden Prairie
and Bloomington (1 Staff Representative, 2 citizens , and 1 Council
member
MOTION: Edstrom moved, seconded by Osterholt, to appoint Chris Enger
as Staff Representative, Joseph Adams and Dr, James Osberg as the
citizen representatives , and George Bentley as the Council representative.
Motion carried unanimously.
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2. Set date and time to meet as Canvassing Board
t MOTION: Osterholt moved, seconded by Edstrom, to set Wednesday,
November 5, 1980, 5:00 PM, for the Canvassing Board to meet. Motion
carried unanimously.
e.
B. Report of City Attorney
5
City Attorney Pauly brought the Council up-to-date on Codification and
the Joint Powers Agreement for animal patrol.
C. Report of City Manager
1. Property acquisition for Public Safety Building and Maintenance Building
City Manager Ulstad explained the Council previously authorized consultants
to develop plans and specifications for the expansion of the water plant
facilities. Also in the Park Referendum which was approved there was money
allocated for the expansion of the physical parks and also for a swimming
pool and ice arena. As a result, the maintenance of just parks alone has
continued to expand. Ulstad added in a couple of years the water plant
facilities are going to be such that it is going to make it more difficult
for the Public Safety Department to operate in the water plant and the
State Health Department has looked at that situation with a jaundice eye right
along. Ulstad suggested that the City at this point step out and acquire
some additional property in and around the City Hall for the purpose of
constructing a Public Safety Building and also maintenance facilities for the
City' s park maintenance department and the City's street department at a
central location.
Ulstad commented Councilman Redpath and Mayor Penzel have been in contact
with officials that have somewhat suggested that if the City or if private
enterprise had property that consideration could be given to the construction
of a Post Office in Eden Prairie.
Ulstad suggested the City at this point acquire 15 acres (5 acres to the
west, 5 acres to the north, and 5 acres to the south) . The 5 acres to the
south are owned by Mr. Rogers. The Council will recall that the present
shop facility that the City has that is being used by the Parks Department
is a building ,that is also shared with Mr. Rogers with the property line
running right down the middle. Possibly from Mr. Rogers point of view and
also in the best interests of the City, the Council should consider negotiating
a purchase of 5 acres from Mr. Rogers and in turn "trade off with the
85 foot frontage that the City has which projects out into the area F
and could be added to Mr. Rogers' holdings to better serve his property and
make it a much more attractive piece of property. Ulstad commented he
would like the Council to consider acquisition of these parcels.
:ouncil Minutes 0 - 6 - Tues. ,November 4, 1980
1. Property acquisition for Public Safety Building and Maintenance Building
(continued)
In addition if the Council were to approve this acquisition, the task force
from six or seven years ago that studied park locations in the City did
designate this area as a possible location for a neighborhood park site.
There is approximately 200 acres in this quadrant that is under contract or
option by the Eden Prairie Developer's Association. The Association has
requested a feasibility study of extending sewer into the area so that
within 2 - 3 years the City may see some requests in the development of
the 200 acres. Ulstad added as that develops he would hope that either through
the cash park fee or outright dedication of land the City could comply with
the task force recommendation in establishing a neighborhood park in this
area. Ulstad felt the park site location in this area would
assist in the screening of the street and park maintenance building.
This is an area where the City is going to have to consider storage of
materials, whether it be inside storage or outside storage depends- on the
scope of materials that are necessary. The park facility could be designed
together with a maintenance building that would provide its own screening
from future residential development as presently proposed for land use in this
area. _
Penzel suggested that staff be instructed to obtain an option on the property
and then once the City has that in hand, authorize staff to publish for
a Public Hearing and go through the regular process. Also the option on the
property should be contingent on successful adoption of the rezoning.
MOTION: Osterholt moved, seconded by Edstrom, to instruct staff to obtain
an option on the property contingent on the successful adoption of the rezoning
of this property. Motion carried unanimously.
D. Report of Director of Community Services
1. Park Use Ordinance (continued from October 21 , 1980)
Council felt the ordinance should have a more positive approach rather than
the negative approach which it has now, and also questioned the enforceability
of such an ordinance.
Pauly felt too much authority would be given to Staff in this ordinance.
Mrs. Hartell , 9140 Staring Lane, explained she talked to a few people about
this ordinance being on the Council agenda and no one knew it was coming
before the Council . Mrs. Hartell felt it is a negative rather than a positive
ordinance. Also as a horse owner she feels there is a lack of communication
and people should be educated as to what is allowed and not allowed in the
community as far as horses are concerned.
Dick Hedlund, Pack Master for Cub Scout Troup at Prairie View. stated he
would not want to call the Director of Community Services every time he
wants to take a group of boys to the park unless he needed the pavillion or
something.
C Nancy Hedlund, whose home backs Red Rock Lake, suggested when the Council
considers the ordinance to let everybody have a part of the park, i.e. ,
horses, motorcycles, etc.
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Council Minutes - 7 - Tues . ,November 4, 1980
1. Park Use Ordinance (continued)
{ MOTION: Redpath moved, seconded by Osterholt, to refer the Park tse
Ordinance to the City Attorney for revisions to be back on the November 18th
Council agenda, and that the revised ordinance also be reviewed by the
Parks, Recreation & Natural Resources Commission. Motion carried
unanimously.
Osterholt suggested when the final ordinance is agreed upon that it should
be published in the HAPPENINGS to let the people know the Council is
considering adopting a park use ordinance and then a Public Hearing could
be held..
2. Report from Architect concerning addition to Community Center (preliminary
plan and cost estimates
Director of Community Services Lambert introduced Gary Nyberg, architect
from the Smiley-Glotter firm.
MOTION: Osterholt moved, seconded by Redpath , to accept the Staff memo
dated October 29, 1980, and authorize the increase in the capacity of the
refrigeration system to 135 tons with an estimated cost of this increase
in capacity to be approximately $19,000.00. The additional cost for
locker, toilet & shower, etc. , facilities be deferred until the information
of costs can be reviewed with the District No. 272 School Board. Roll
Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye" .
Motion carried unanimously.
! 3. Report from Architect concerning Round Lake Shelter
Gary Nyberg, Architect for Smiley-Glotter Associates, spoke to and
distributed a brochure to Council members with preliminary estimate
information for Round Lake Park Shelter(s) , Community Center Varsity
Hockey Room, and the Community Center Outdoor Ice Rink. (Brochure on file
at City Hall )
MOTION: Redpath moved, seconded by Edstrom, to instruct the architects
to proceed with specific design drawings for the Round Lake Shelter
in order to prepare for bids. Motion carried unanimously.
4. Parks, Recreation & Natural Resources Commission request concerning
identifying signs for lakes in the City
This item was moved to the Consent Calendar (V. I. )
E. Report of City Engineer f
K
1. Aareement for participation in signalizing railroad grade -crossings on
Riley Lake Road and Birch Island Road Resolution Nos. 219 and 216
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 80-216,
contributing to the cost of installing railroad crossing signals on Birch
Island Road,, Roll Call Vote: Redpath, Pauly, Edstrom, Usterholt and
Penzel voted "aye" . Motion carried unanimously.
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Council Minutes - 8 - Tues. ,November 4, 1980
1. Agreement for participation in signalizing railroad grade crossings on
• Riley Lake Road and Birch Island Road continued
MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No.
80-219, contributing to the cost of installing railroad crossing
signals on Riley Lake Road. Roll Call Vote: Pauly, Redpath, Edstrom,
Osterholt and Penzel voted "aye" . Motion carried unanimously.
2. Consider bids for improvements on Industrial Drive (Resolution No.
80-218
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No.
80-218, awarding the bid to Nodiand Associates, Inc. , the lowest responsible
bidder, for I.C. 51-288, Industrial Drive Sanitary Sewer, Storm Sewer,
Watermain and Street Improvements, in the amount of $239,566.00. Roll
Call Vote: Osterholt, Pauly, Edstrom, Redpath and Penzel voted "aye".
Motion carried unanimously.
3. Public Participation Work Plan for alternate sanitary waste disposal
study for southwest Eden Prairie
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City Engineer Jullie explained this study is mandatory according to the i
Environmental Protection Agency and the Pollution Control Agency., and this
study is called Step 1. The study is just to identify if there is a problem.
Step 2 to the program is an option where the City may decide whether or
not they want to proceed.
As there were questions raised by Council members, Jullie suggested the
Council might want to continue this item to the next meeting and he
will try and redraft the study and the Council may have another look at it.
MOTION: Edstrom moved, seconded by Redpath, to continue consideration of
this item to the November 19, 1980 Council meeting allowing staff and
the consultants time to review the study further. Motion carried
unanimously.
X. NEW BUSINESS
No "New Business".
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Osterholt, to adjourn the meeting at
9:20 PM. Motion carried unanimously.
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City of Eden Prairie
Canvessing Board
November 5, 1980
5:00 P.M.
The results of the election in the City of Eden Prairie on November 4, 1980
are certified as follows:
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PRECINCT }
I II III IV V VI TOTAL
For Mayor (2 year term)
Wolfgang H. (Wolf) Penxel 1077 1046 949 1015 891 1774 6852
For City Council (4 year terms)
George Bentley 1022 865 827 866 812 1564 5956
George V. Tangen 1003 893 883 917 755 1503 5954
Registered at 7:00 A.M. 1562 1438 1373 1347 1374 1914 9005
Registered on Election day 335 .319 191 265 397 814 2321
Total Eligible 1897 1757 1561 1612 1771 2728 11326 '
( TOTAL VOTED 1498 1345 1198 1271 1147 2280 8739
Voted absentee* 49 47 39 37 35 109 316
There were 26 persons receiving write-in votes for the Office of Mayor; no one received
more than 3 votes
There were 13 persons receiving write-in votes for the Office of City Council ; no one
received more than 2 votes
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ATTEST
a
fga H Penzel , Mayor
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Jo City Clerk
*Included in total voted