City Council - 01/20/1981 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 20, 1981 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney
Roger Pauly;Planning Director Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jul1ie; and Karen Michael ,
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 items were removed from the Regular Agenda and placed-on the
Consent Calendar: J. Appointment of 5 members to the Housing & Redevelop-
ment Authority (formerly VIII. A. 1. ; K. Appointment of City Attorney for
81 tormer y VIII. A. 4. ) ; L. Consider approval of settlement on fire
station dispute (formerly VIII . C. 1. ; M. Approval of Local No. 49 Contract
and amendment to Resolution No. 1088, the Personnel Resolution formerly VIII.
C. 2. ); N. Approve lans and s ecifications and set date for accepting bids
for Round Lake Park Shelter formerly VIII. D. 1. ); 0. Approve bids for ice
resurfacing machine formerly VIII. D. 4. ) ; P. Change Order No. 1,I.C. 51-325,
Valle View Road Phase I improvements (formerly VIII. E. 2. ); Q. Resolution
No. 1-19 for eminent domain proceedings for right-of-way acquisition on Valle
View Road/Dell Road, Phase II improvements, I. C. 51-325 formerly VIII. E. ;
and R. Preliminar engineering agreement with NSP for relocating 115 KV trans-
mission line for future Schooner Blvd. from I-494 to TH 16 (Resolution No.
81-16 formerly VIII. E. 4.
Item VII. A. Belvedere Interim Use Amdendment by On-Belay, tabled.
The following items were added to the agenda: VIII. B. 1. Resolution No. 81-21 ,
Authorizing and Directing The Acquisition of Certain Lands 4y Eminent Domain,
. C. 1- . E. 5. Discussion of the Valley View Road a estr an Bridges.
The following item was added to the Consent Calendar: S. Change Bid Opening
Date for Elevated Storage Tank from February 6, 1981 to April 2, 1981.
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MOTION: Redpath moved, seconded by Bentley, to approve the agenda as amended
and published. Motion carried unanimously.
II. APPROVAL OF MINUTES
A. Housing & Redevelopment Authority meeting held Tuesday, December 16, 1980
MOTION: Redpath moved, Edstrom seconded, to approve the minutes of the
Housing & Redevelopment Authority meeting held Tuesday, December 16,1980.
Councilmen Bentley and Tangen abstained.
Ci ty ifIu ':. -2- Janua-y 20 , 1981
1 Mcething hold Tuescirlyr_,_ Decer„iwer 16 , 1980
B. F; � �l �r City_ Co„nci_ __. . _
Fly. 7, C. I. , correct. spc,11 ing of Ui stad; pg. 4, B. 6th para. ,
chr oj!;r ; i L iu;ir' to col,,,;:Cnt. "
MO ,Iasi : Eds trom moved , Redpath seconded, to approve the minutes
of th- Cni;r,c i l mce t i ng hold Tuesday, December 16, 1980, as aw-nded
a=,:i Iri.!';1 it �,Ih,,' . Counc i ltn,-,n Bentley and Tangen abs to i rr� aa.
C. Reg - 1 r City Ccjncil Me Ling held Tuesday ,, January 6, 1981
Pg. 51 G. , last para . , replace "to move this item to the"
with " Li, table this iterl to be the" ; pg. 8, C. para. 3, last
"
l i n-� , cis,-;���� aw:_,,rgs L" n to an.%,ng"
MOII0 +: Bentley moved, seconder! by Tangcn , to approw., the
n:in+ste.; of thc, Council meeting held Tuesday, Januoi-y 6, 1981,
as and published. Motion carried unanirr,ously.
D. Si,+(. ial City. Coumcil Mco-, inch held Mond.:y, 1981.
F'g. 1, Council Staff Present, replace. "Acting City Manger Roger
Ul s t +d" with "Acting City Manager John Frane" ; fourth line
und:_,r "Water Plant Expansion" extremely is mispelled; and to add
th�� ful lowing sentence after line 8, "The concf,risus was to dire, i
staff to procr cc-d on this matter. "
hi(_') i i ON Redpath moved, seconded by Eds trom, to approve the minutes
of the Council meeting held Monday, January 12, 1981 , as arrren+-'ed
and put,lished. Motion carried unanimoi,sly.
Ill . C 0 N I- t ill* CAI i" ri;Il":i,
A. Clerk' s License List
B . Approve plans and specifications and order bids for improvements in ;
Meado. .� Park , I . C. 51-360. Valley View Road Braun` s s I teO 1 0. 51-,366
and Willow Creek koad/Fly_iEa Cloud Drive, I .C. 51-3-382 (Resolution No.
81-�17)
C. Approve__plans and specifications and order bids for Waterworks improyq-
ment_s , -Contract No. 3 and 4, connecting_ lines_ and water_plant expansi-on�
I . C. 51-354 III 81-18�
D. Set _heari'ng_ date for vacatina_a _portion of Plaza Drive and related
utiTit and draie easements in the Menard Addition (-Resolution No.
E. Regt est to set a Public Hearing before the City_ Council for MTS/MCC
PUD bM_CS -& MCC for February 17, 1981 -
F. Request to set a Public Hearing before the City Council for the Eden
Glen PUD b�yi Jesco, Inc. for February 17, 1981 ��
^ity Council Minutes -3- January 20, 1981
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G. National Wildlife Refuge Resolution (Res. No. 81-08). Continued
from 1/6/81 to 2/3/81.
H. Award bid on skid steer loader
I. Award bid for tree spade
J. Appointment of 5 members to the Housing & Redevelopment Authority
formerly VIII. A. 1. appointed were: George Bentley, Dean
Edstrom, Paul Redpath, George Tangen and Wolfgang Penzel )
K. Appointment of City Attorney for 1981 (formerly VIII A. 4. ) -
Roger Pauly was reappointed
L. Consider approval of settlement on fire station dispute (formerly
III. C. 1.
M. Approval of Local No. 49 Contract and amendment to Resolution No.
088, the Personnel Resolution formerly VIII. C. 2.
N. Approve glans and specifications and set date for accepting bids
for —Round Lake Park Shelter formerly V I . D. 1.
0. Approve bids for ice resurfacing machine (formerly VIII. D. 4. )
P. Change Order No. 1, I. C. 51-325, Valley View Road Phase I
improvements (formerly VIrr. E.
{. Q. Resolution No. 81-19 for eminent domain proceedings for ri ht-of-
wa acquisition on Valley View Road/Dell Road Phase II improve-
ments, I.C. 51-325 (formerly VIII. E. .
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` R. Preliminary engineering agreement with NSP for relocating 115 KV
transmission line for future Schooner Blvd. from I-494 to TH 169
' CResolution No. 81-16 (formerly VIII. E. 4.
S. Change Bid Opening Date for February e e o Elevated Storage Tank. from eb uar
4 6, 1981 to April 2, 1981
MOTION: Redpath moved, seconded by Edstrom, to approve items A - S
on the Consent Calendar. Roll call vote: Bentlev. Edstrom, Redpath,
i Tangen, and Penzel voted "aye". Motion carried unanimously.
i IV. PUBLIC HEARINGS
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A. Fairway Woods Amendment b Laukka & Associates. Request for PUD
Amendment to construct 0 condominiums upon l5 acres zoned RM 2.5.
Located northwest of existing Fairway Woods and south of Valley View
Road (Resolution No. 81-11) .
Councilman Edstrom announced that he would abstain from consideration
at
on this item as his law firm represents the proponent.
Larry Laukka, representing Laukka & Associates, spoke to the pro-
posal and displayed graphics of the project.
City Council Minutes -4 January 20, 1981 4
Planning Director Enger explained that this item was reviewed
by the Planning Commission at its December 8th meeting and that
it voted 5 - 0 to recommend approval of the plan revision to the
Council according to Staff Report dated December 4, 1980.
Director of Community Services Bob Lambert added the Parks, Recre-
ation & Natural Resources Commission considered this item on Decem-
ber 15, 1980 and recommended unanimous approval to the Council as
per the Planning Commission's recommendation.
Bentley asked about the golf course crossing at the northwest por-
tion of the project. Enger explained that this would be made a
part of the requirements included in the developer's agreement
but that no specific recommendations have been made yet. An at-
grade crossing as well as an underpass will be looked into.
Prior to the developer's agreement, the Riley-Purgatory Creek
Watershed Conservancy District line will be clarified.
Conrad Sorvick, 14322 Fairway Drive, President of the
Homeowner's Association, endorsed the Laukka project and
stated that Mr. Laukka had been most cooperative in his
dealings with the present homeowners. The only difference
of opinion they do have is in regard to the sidewalk and
they feel that this will be resolved.
Penzel asked about financing for this project. Laukka said
that it is not currently financed but it will be under FHA and
feels that he has the financial capabilities to complete this
project. Units will be in the $60,000 range and he hopes to do some
pre-marketing of the units this winter.
MOTION: Redpath moved, seconded by Bentley, to close the Public
Hearing and adopt Resolution No. 81-11, approving the request for
PUD Amendment to construct 120 condominiums upon 15 acres zoned
RM 2. 5, by Laukka & Associates, subject to a Developer's Agree-
ment. Motion carried with Edstrom abstaining.
MOTION: Bentley moved, seconded by Redpath, to direct staff to
draft a developer's agreement incorporating the recommendations
of the Planning Commission/Parks, Recreation & Natural Resources
Commission and Staff Report dated December 4, 1980; as well as
the development of a pathway's system connecting Valley View and
Mitchell Roads, and an adequate golf crossing. Motion carried
with Edstrom abstaining. `
B. Edenvale Apartments by Edenvale Apartments,, a Pa rtnersh * .
equest for PUD Development Plan approval , platting of 2 lots
for 175 units, and rezoning from Rural to RM 2.5 for 17 of the
23 acres. Located in the northeast quadrant of Mitchell Road
and Valley View Road extended. (Ordinance No. 81-01 and Reso-
lution No. 81-12)
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City Council Minutes -5- January 20, 1981
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James Cooperman, architect for the Bar-Ett Development project,
spoke to the proposal and displayed architectural drawings of
the proposed development.
City Planner Enger explained that this proposal had been reviewed
by the Planning Commission at its December 8, 1980 meeting; and by
a vote of 5 - 0 they granted approval to the request for the PUD
Development Plan, platting of 2 lots for 175 units, and the rezoning
from Rural to TiM 2.5 for 17 of the 23 acres subject to the recommen-
dations of the Staff report plus the addition of two other recommen-
dations.
Community Services Director Lambert stated the Parks, Recreation &
Natural Resources Commission had reviewed this proposal at its
December 15, 1980 meeting;and recommended approval unanimously
with the additions as outlined in the Community Services' Staff a
Report with the exception of a trail easement instead of a trail
connection to the park northeast of the proposed site.
City Engineer Jullie spoke to the traffic and transportation
issue. ? Cooperman stated that a condition for HUD approval is
that a road (Vailey View) be in place from the east to the west
property line and that the developer is willing to do this.
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MOTION: Edstrom moved, seconded by Redpath, to close the
public hearing and give a first reading to Ordinance No. 81-01,
approving the request for PUD Development Plan, platting of 2
lots for 175 units, and rezoning from Rural to Rm 2.5 for 17
of the 23 acres. Motion carried unanimously.
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MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution
No. 81-12 approving the preliminary plat of Edenvale Apartments.
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to direct Staff to
draft a developer' s agreement incorporating the recommendations
of the Planning Staff and Commission, along with the recommendations
of the Director of Community Services and Parks, Recreation &
Natural Resources Commission. In addition the agreement should
incorporate appropriate items regarding pathways and trails;
if there is any excess fill , that it be provided to the City at
no cost; and that the question of sprinklers in the garage area
be resolved by the building department. Motion carried unanimously.
C. Bentec Office by John A. Benedict
Tim Pierce, Pierce & Associates, reviewed the proposed request.
Planning Director Enger explained the nature of the request and
explained that the structure would be brought up to code within
five years or would be removed. The Planning Commission
reviewed the proposal at its December 8, 1980 meeting and
recommmended approval with Staff recommendations.
Community Services' Director Lambert stated that this proposal
had no park or recreation or natural resource concerns and therefore
was not taken to the Parks, Recreation & Natural Resources Commission.
City Council Minutes -6- January 20, 1981
Harold Schaitberger, 12880 Pioneer Trail , stated that he lives
on the property due west of that under discussion and his property
is presently in condemnation by the State Highway Department.
MOTION: Redpath moved, seconded by Bentley, to close the Public
Hearing and to give a first reading to Ordinance 81-02, requesting
rezoning of 2 acres from Rural to Office, combining the 2 existing
lots, and using the existing structure as an office; with the provision
that the second reading be given only after, and if, the Board of Zoning
Appeals grants a five-year variance. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution a ;
No. 81-13, approving the preliminary plat of Bentec Office Plat.
Motion carried.
MOTION: Redpath moved, seconded by Bentley, to direct Staff to
draft a developer's agreement incorporating the recommendations
of the Planning Staff and Commission and those of the Board of
Appeals. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS.4742 - 4968
MOTION: Tangen moved, seconded by Penzel , to approve the Payment of
Claims No. 4742 - 4968. Roll call vote: Bentley, Edstrom - abstained
on Claim No. 4939, Redpath, Tangen, and Penzel voted "aye". Motion
carried.
VI. REPORTS OF ADVISORY COMMISSIONS
There were no reports of Advisory Commissions
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Belvedere Interim Use Amendment by On-Bela Request to change
dental office interim use at 8480 Franlo Road to an adolescent treat-
ment center to be called "Prairie House". (Continued from 12/16/80)
This item was tabled.
B. Request from Mr. Lau him house, Deerick Land Company, for 4 building_
permits upon RLS #664
Kurt Laughinghouse, representing Deerick Land Company, gave a his-
tory of the property and explained what Deerick Land Company wishes
to do with it. They nr=ose. to sell lots to individuals. They
would like the Council to authorize the issuance of building permits
and to authorize the City Engineer to accept for operation the sewer
and water facilities. The Deerick Land Company has offered each of
the four adjacent property owners 100 feet of cedar board fence or
$500 worth of plantings whichever they preferred.
City Council Minutes -7- January 20, 1981
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Penzel noted that since 1973 the issue has been what constitutes
adequate/appropriate screening? The Council in 1973 concluded that
was an issue between the property owners and once that was resolved
the Council would authorize the City Manager to issue building per-
mits on those four lots. It appears the same problem holds true
with the new property owner.
Don Braun, 15501 Park Terrace Drive; Harold Auwerter and Marlene
Auwerter, 15513 Park Terrace Drive; and Rolf Erickson, 15519 Park
Terrace Drive spoke on the various concerns of the adjacent property
owners. In addition to adequate screening their concerns included
city takeover of the street/lane, fire protection, snow removal .
and curbing, James Devore, 6428 Kurtz Lane, wondered if the size
of homes to be put on these lots would be compatible with those
homes already in the neighborhood.
MOTION: Redpath moved, seconded by Edstrom, to continue this
item for two weeks to give Mr. Laughinghouse and the residents
a final opportunity to resolve their differences. Motion carried
with Penzel voting "no
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of Council Members .
1. Appointment of 5 members to the Housing & Redevelopment Authority
This item was moved to the Consent Calendar (item III. J. )
2. Salary adjustment for Acting City Manager
MOTION: Redpath moved, Bentley seconded, to adjust the
salary of John Frane by 15% during the period of time in
which he is serving as Acting City Manager. Roll call vote:
Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye
Motion carried unanimously.
3. Appointment of Council Representative to the South Hennepin Human
Services Council to fill Sidney Pauly s unexp r term to1-3-82
Councilman Paul Redpath volunteered to fill Sidney Pauly's un-
expired term.
4. Appointment of City Attorney for 1981
This item was moved to the Consent Calendar (item III . K. )
B. Report of City Attorney
City Attorney Pauly explained the need for condemnation pro-
ceedings to begin regarding the railroad easements needed to
build Valley View Road.
City Council Minutes -8- January 20, 1981
MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution
No. 81-21, authorizing and directing the acquisition of certain
lands by eminent domain , I.C. 51-288. Motion carried unanimously.
Pauly stated that Mr. Cooley had filed a $25,000 bond in the tax
increment case; and that a motion had been made for an early trial
date.
C. Report of Acting City Manager
1. Consider approval of settlement on fire station dispute
This item was moved to the Consent Calendar (item III. L. )
2. Approval of Local No. 49 Contract and amendment to Resolution_
No. 1088, the Personnel Resolution
This item was moved to the Consent Calendar (item III. M. )
Acting City Manager Frane said he had received a letter from
the County saying that Local 49, truck drivers, may go on
strike on Friday, January 23. He also called attention to the
fact that a Board of Review meeting has been scheduled for Tuesday,
May 26, 1981.
a D. Report of Director of Community Services
1. Approve plans and specifications and set date for accenting
bids for Round Lake Park Shelter
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This item was moved to the Consent Calendar (item III. N. )
2. Hennepin County Park Reserve District Agreement
Director of Community Services Lambert referred to the pro-
posed written Agreement between the Hennepin County Park
Reserve District (HCPRD) and the City stating that this docu-
ment contains the terms agreed to by both parties regarding
the transfer of City interests in property within the boundaries
of Anderson Lakes Park and Bryant Lake Park. The Parks, Recre-
ation b Natural Resources Commission approved the agreement at
its January 5, 1981 meeting at which time they also voted to
amend the language of the Agreement to be written so the County
does not have the power, in the Agreement, of condemnation over
the proposed expansion in Bryant Lake Park; but it does have
the right to negotiate the purchase of the property for park
purposes.
Lambert introduced Marilyn Egerdal and John Sunde from the HCPRD
Staff who were present to answer any questions the Council might
have as well as questions from those in the audience.
Bentley raised questions about the special assessments and
fire insurance. City Engineer Juliie said there were no special
assessments against the property; Lambert clarified the fire in-
surance question. The question of definition of a "park access
road" was answered by Mr. Sunde.
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City Council Minutes -9- January 20, 1981 }
Penzel raised the question about connecting Rowland Road to
Beach Road which has been discussed in the past. Sunde ex-
plained that this was new information and he would have to
look at it further.
Egerdal stated that the acquisition of properties within Bryant
Park would depend on the availability of funding from the Metro-
politan Council . Certain improvements would need to be made with-
in the Park to make it a workable Regional Park. Monies are
available now for the Rodberg and Hanley properties.
Gerald Rodberg, 6580 Rowland Road; Keith Simons, attorney for
Elizabeth Hanley of 6408 Rowland Road; Warren Gerecke, 6622
Olden Ridge Drive; Jerry Brill ,attorney for Metram Properties;
and Greg 3elinski , attorney for the Uherkas of 6517 Rowland Road
expressed concerns about the power of eminent domain and the
expanded Bryant Park boundaries.
Edstrom said consideration should be given to accommodating
the people who live in the area and that adjustments might
be made which would have the least affect on those in the area.
Council requested the Staff from the City and from HCPRD to 1
meet with the affected property owners to answer their questions
and concerns, and continued this item to the February 3 meeting.
MOTION: Moved by Bentley, seconded by Redpath, to extend the meeting
beyond the 11 :30 p.m. time limit. Motion carried unanimously.
3. Petition from Southwestern Eden Prairie residents
Director of Community Services Lambert explained the petition
from Southwest Eden Prairie residents requesting a bike traii
adjacent to County Road 1 from County Road 4 to Crestwood Terrace.
He noted -that the Parks, Recreation b Natural Resources Commission
had voted to recommend Staff to pursue a grant for this trail.
Edstrom said he is very familiar with this area and there is a
definite need for a trail along County Road 1.
MOTION: Edstrom moved, seconded by Tangen, to authorize Staff
to apply for MnDOT Bicycle Trail Grant Funding for this pro-
posed bicycle trail . Motion carried unanimously.
4. Approve bids for ice resurfacing machine
This item was moved to the Consent Calendar (item III . 0.)
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City Council Minutes
-10- January 20, 1981
E. Report of City Engineer
1. Receive I00% petition and order improvements on Ontario Blvd.
Westgate Court and Bittersweet Dr ve (Resolution No. 1-15
City Engineer Juliie spoke to the proposed storm sewer and
street improvements on Ontario Blvd. , Westgate Court and
Bittersweet Drive.
Joe Lawler, 7621 Ontario Blvd. ; Bob Lestor, 7561 Ontario
Blvd. ; Gary Clifford, 7601 Ontario Blvd. ; William J. Hofius,
7501 Ontario Blvd. ; and Lynn Seppmen, 7602 Ontario Blvd.
expressed the concerns of the neighbors including their
opposition to connecting Bittersweet Drive to Ontario Blvd;
the extension of Ontario Boulevard to Highway 5; and the
problems of drainage in the area.
MOTION: Bentley moved, seconded by Redpath, to adopt
Resolution No. 81 - 15, receiving 100% petition, ordering
improvements and preparation of plans and specifications for
public improvements in Westgate Addition (I.C. 51-382) ; and
directing Staff to complete a comprehensive study of storm
drainage problems in the area. Motion carried unanimously.
2. Change Order No. 1, I.C. 51-325, Valley View Road Phase I
1 improvements
This item was moved to the Consent Calendar (item III. P. )
;
3. Resolution No. 81-19 for eminent domain proceedings for right-
of-way acquisition on Valley View Road/Dell Road Phase II
improvements T51-325
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z This item was moved to the Consent Calendar (item III. Q. )
4. Preliminary engineering a reement with NSP for relocating
115 KV transmission line for future Schooner Blvd. fromI-494
to TH 169 Resolution No. 81-16
This item was moved to the Consent Calendar (item III. R.)
5. Discussion of the Valley View Road Pedestrian Bridges
City Engineer Jullie stated that the City has been planning
for three pedestrian bridges over Valley View Road and that
the School Board has requested that the most westerly bridge
construction be delayed until a statement of need is presented
to the City. It is the School Board's thought that upon the
City's receipt of the statement of need, the overpass's con-
struction would be anticipated to be completed within one
calendar year.
MOTION: Tangen moved, seconded by Bentley, to delay construc-
tion of the westerly pedestrian bridge over Valley View Road;
should it appear the bridge is not necessary one year from now,
the berm on the south side of Valley View Road can be removed
' by the City. Motion carried unanimously.
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City Council Minutes January 20, 1981
I X. NEW BUSINESS
There was no new business.
X. ADJOURNMENT
MOTION: Moved by Tamgen, seconded by Edstrom, to adjourn the
meeting at 12:17 a.m. Motion carried.
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