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City Council - 03/03/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 3, 1981 7:30 P.M. , CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF PRESENT: Acting City Manager John D. Frane, City Attor- .; ney Roger Pauly, Planning Director Chris Enger. Director of Community Services Bob Lambert, City Engineer Carl Jullie, and Recording Sec- retary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present (Councilman Tangen errived at 8 p.m.) 4 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: VIII. C. 4. Pedestrian Bridges over Valley View Road. The following item was removed from the Consent Calendar and continued to the April 7, 1981 meeting: III. J. Final plat approval for Olympic Hills 6th Addition (Resolution No. 1-5I MOTION: Bentley moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 1981 MOTION: Moved by Bentley, seconded by Penzel , to approve the minutes of the Council Meeting held Tuesday, February 17, 1981. Motion carried with Redpath abstaining. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 80-29, rezoning 2 acres from Rural to R1-13 5 for Eide s Knoll by Orris Eide and developer's agreement C. 2nd Reading of Ordinance No. 81-02, rezoning 2 acres from Rural to Office for Bentec Office by John A. Benedict and developer' s agreement D. Request to set Public Hearing for CPT PUD for April 7, 1981 E. Set Public Hearing for reinstating ro rties around the Co. Rd. 4 TH 5 intersection ac nto Plan Study for March 17, 1981 F. 2nd Reading of Ordinance No. 80-27, Park Use Ordinance G. 2nd Reading of Ordinance No..B1-05, amending Ordinance No 248 adopting the 1979 State Building Code i City Council Minutes -2- March 3, 1981 H. Resolution No. 81-45, authorizing the Acting Manager and Mayor, to execute and deliver the assumption agreement for Circle Rubber I. Metropolitan Waste Control Commission agreement for watermain crossing J. Final plat approval for Olympic Hills 6th Addition (Resolution No. 81-51) - removed from Consent Calendar and continued to April 7, 1981 meeting K. Authorization for the Mayor to sign 2 license agreements for the City to place water and sewer under the railroad tracks of Chicago/Northwestern Transportation Company, I . C. 51-288 (Resolution 81-54) L. Reschedule discussion on TH 169/212 official map from March 3, 1981 to March 17, 1981 MOTION: Moved by Redpath, seconded by Edstrom, to approve items A - L on the Consent Calendar as amended. Roll call vote: Bentley, Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. MTS/MCC Industrial Campus by MTS Systems Corporation and Magnetic Controls Company. Request for PUD Concept approval of industrial and commercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5 (Reso- lution No. 81-35) Continued from February 17, 1981 MOTION: Redpath moved, seconded by Bentley, to continue the public hearing to April 7, 1981. Motion carried unanimously. B. Request for Municipal Industrial Development Bonds in the amount of 1,500,000.00 for G. R.Partnership Resolution No. 81-46 MOTION: Moved by Redpath, seconded by Bentley, to withdraw this item at the request of G. R. Partnership. Motion carried unani- mously. C. Preserve Center 3rd Addition by The Preserve. Request to divide an outlot zoned RM 6.5 into 2 lots for 2 duplex buildings and rezone the 25' of outlot R, Lake Eden, from Rural to RM 6. 5. Located in the Southwest quadrant of Anderson Lakes Parkway and Preserve Boulevard (Ordinance No. 81-06 and Reso- lution No. 81-44) Lee Johnson, representing The Preserve, spoke to the proposal which would include two lots on which two double bungalows would be built. Planning Director Enger stated that the Planning Commission had reviewed the proposal at its January 26, 1981 meeting and had voted 7-0 to recommend approval subject to the January 23, 1981 Staff Report. Community Services Director Lambert said that there was no report from the Parks, Recreation and Natural Resources Commission. C City Council Minutes -3- March 3, 1981 MOTION: Redpath moved, seconded by Edstrom, to close the public hearing and to give 1st Reading to Ordinance No. 81-06, rezoning the 25' of outlot R, Lake Eden, from Rural to RM 6.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-44, approving the preliminary plat of Preserve Center 3rd Addition, subject to the recommendations of the Staff Report and the Developer's Agreement. Motion carried unanimously. D. Vacating a__portion of Sunn brook Road in Olympic Hills 6th Addition Resolution No. 81-50 - continued to April 7, 1981 E. Utility improvements on Luther Way and Meadow Lane I.C. 51-395 Resolution No. 81-52 City Engineer Jullie presented the proposal . Included in the project area are twenty lots plus the Immanuel Lutheran Church site. Steve Lee, 16480 Luther Way, Donald Jacobson, 16440 Luther Way, and Wayne Traaseth,representing Immanuel Lutheran Church had questions relating to the location of hook-ups, location of fire hydrants, type of materials used for curb and gutters, and when the final assessments would be known. MOTION: Redpath moved, seconded by Edstrom, to close the public hearing and to adopt Resolution 81-52, ordering utility improvements(I .C. 51-395) on Luther Way and Meadow Lane. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5360 - 5573 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 5360 - 5573. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS S There were no reports. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Bev Cronk on review of new House Moving Ordinance No. 79-34 Continuefrom /3/81 Acting City Manager Frane read a letter from John R. Kupferer, Executive Vice President, National Association of Home Manufacturers, regarding manufactured housing. In the letter Mr. Kupferer noted that last year 4,590 of a total of 19,030 homes built in Minnesota were factory built, pre-cut, panelized or modular homes. City Attorney Paulv gave .a history of the various ordinances which have governed this matter since 1972. He also stated that he had reviewed the Zoning Ordinance relative to this matter. He noted that the State has adopted a prefabricated structures and manufacturers code which is designed to permit inspection of such buildings at the factory. t City Council Minutes -4- March 3, 1981 Mayor Penzel stated that the request was to develop adequate language to protect existing neighborhoods from detrimental impact by controlling the influx of inferior housing types; which would seem to him to be more effectively handled by a neighborhood or subdivision design review committee. Bentley said that it was his opinion that the people were not so much against prefabricated housing as they were concerned with the fact that a house appeared' in a very short time without prior notice. Tim Pierce, 16669 Honeysuckle Lane, spoke to the problems involved in posting building permits in open areas. He said that neighbors might take note of lots being staked as that will usually indicate that a building will soon go on the lot. Carol Ellison , 18925 Pheasant Circle, questioned whether or not manufactured housing can be included in the moving ordinance. City Attorney Pauly stated that it is his opinion that it cannot without being in trouble with the "equal protection under the law" portion of the Constitution. Beverly Cronk, 18895 Pheasant Circle, asked if a two-piece trailer house could be moved into the neighborhood? She also felt there are quite a few City ordinances which need updating and that, if necessary, the City should hire more people so this can be done and developers can be monitored. John Hinderaker, attorney representing Dynamic Homes, said that the Minnesota ( Prefabricated Structures Statute may exclude mobile homes by its terms. MOTION: Moved by Ben tl ey,seconded by Redpath, to instruct Staff to provide the necessary formalization of a definitive posting requirement of the build- ing permit and to have City Attorney Pauly report on mobile homes -- to be continued to March 17, 1981. Motion carried unanimously. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Councilman Edstrom - has been asked to become a member of an advisory committee to the Waste Management Board which Board has the authority to select hazardous waste sites. They are in the criteria development stage. B. Report of City Attorney Requested a closed session with the Council following the meeting to discuss pending litigation. C. Report of Acting City Manager 1. Liquor Store Lease at Preserve Village Mall Acting City Manager Frane spoke to his memo of November 13, 1980. and said that a store could be in operation in May. City Council Minutes -5- March 3, 1981 MOTION: Moved by Tangen, seconded by Edstrom, to approve the leasing arrangements for a liquor store in the Preserve. Village Center. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 2. Report on the City Radio System Acting City Manager Frane outlined the need for additional radios to serve the needs of the City. MOTION: Moved by Edstrom, seconded by Bentley, to purchase 15 mobile radios and five hand held units. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 3 . Clerical requirements in the Public Safety Department Acting City Manager Frane explained the need of a clerk/typist on the day shift in the Public Safety Department. MOTION: Bentley moved, seconded by Tangen, to authorize the addition of a clerk/typist to the staff of the Public Safety Department at a cost of $8,000. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 4. Pedestrian Bridges over Valley View Road Acting City Manager Frane referred to a February 24, 1981 memo from Bob Lambert, Director of Community Services, regarding the Bridges over Valley View Road. School Board members have indicated that the easterly and westerly bridges are not needed; the center bridge will be completed during the summer of 1981. City Engineer Jullie said that the bridges would have cost approximately $80,000 each. Councilman Tangen asked Acting City Manager Frane to send a letter to the School Board thanking them for their cooperation in this matter. 'MOTION: Redpath moved, seconded by Tangen, to accept the School Board's offer to eliminate the easterly and westerly pedestrian bridges over Valley View Road. Motion carried unanimously. D. Report of Director of Community Services 1. Round Lake Park Shelter (continued from February 17, 1981) MOTION: Redpath moved, seconded by Edstrom, to reject all bids re- ceived on the Round Lake Park Shelter and authorize the architect to complete the design changes as outlined in the February 20, 1981 memo- randum from .Gary Nyberg, Smiley Glotter Associates. Motion carried " unanimously. 2. Letter from Mr. & Mrs. Henry Eserhut Community Services Director Lambert said that the Parks, Recreation and Natural Resources Commission had considered the letter from the Eserhuts at its meeting last 'evening. They had decided that this offer is about five years too soon. ±r City Council Minutes -6- March 3, 1981 MOTION: Moved by Redpath, seconded by Edstrom, to express the regrets of the City Council and to thank Henry and Marie Eserhut for giving the City first opportunity to purchase their property. Motion carried unanimously. 3. Concession/Storage Building at Flying Cloud Ballfields Lambert, Director of Community Services, addressed his memo of February 25, 1981 relating to this matter. MOTION: Redpath moved, seconded by Tangen, to authorize construction of a building approximately 12'x2O' on a floating slab adjacent to the parking lot and centrally located at the Flying Cloud Ballfields. Motion carried unanimously. i J 4. Athletic Association Request for Funds i Director of Community Services Lambert referred to a letter from Bernie Galler, President of the Eden Prairie Athletic Association, requesting $500 from the City to help the Association complete their reorganization process. Lambert explained that about $300 of this would be used for legal costs to incorporate each Association as a non profit organization with the State of Minnesota and $200 for the initial mailing for each new Association. Discussion centered on whether or not paying the legal costs to incorporate would set a precedent. The consensus was that since the City is hiring a Recreation Director, mailing costs would be justified;but that the various Associations would be advised to seek funding for legal fees from civic associations. MOTION: Redpath moved, seconded by Edstrom, to assist in the cost of the initial mailing for each new Association. Roll call vote: Bentley, Edstrom, Redpa*1, Tangen and Penzel voted "aye" . Motion carried unan- imously. 5. Community Center Change Order Requests Director of Community Services Lambert referred to his memo of February 24, 1981. MOTION: Redpath moved, seconded by Tangen, to authorize a change order to provide electrical folding bleachers instead of the manually operated folding bleachers at an additional cost of $465; and to authorize plans for office space for the Athletic Coordinator in the second floor area now designated as storage, including the installation of windows, VAT flooring, painting the walls and installing adequate lighting for office use. Motion carried unanimously. 6. 1982 - LAWCON Grant Director of Community Services Lambert reviewed LAWCON Grant application procedures . MOTION: Edstrom moved, seconded by Redpath, to authorize staff to apply for LAWCON funding to acquire the entire Swedlund parcel for 1982. Motio carried unanimously. City Council Minutes -7- March 3, 1981 y E. Report of City Engineer I . Consider bids for improvements in Meadow Park, I .C. 51-360 Valle View Road watermain - Braun s site I.C. 51-366, and 4 Willow Creek Road/Flying Cloud Drive I .C. 51-382 Resolution t No. 81-47 s City Engineer Jullie spoke to his memo of February 26, 1981 which summarized construction bids for this project and recommended that Hennen Construction, low bidder, be awarded the. contract. MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution 81-47, accepting bid I.C. 51-360, 366 & 382 and awarding the contract to Hennen Construction with a low bid of $445,744.25. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel i voted "aye" . Motior carried unanimously. 2. Consider bids for waterworks improvements Contract No. 3 for i connecting watermain lines, I.C. 1-354 III (Resolution No. 81-48) City Engineer Jullie referred to his memo of February 17, 1981. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution ! No. 81-48, accepting the bid of Minn-Kota Excavating, Inc. , for I.C. 51-354 in the amount of $403,169.00. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye" . _ Motion carried unanimously. 3. Consider bids for waterworks improvements, Contract No. 4 for water plant expansion, I.C. 1- Reso ution No. 81-4 In a memo of February 27, 1918, City Engineer Jullie outlined the water plant expansion project. MOTION: Moved by Edstrom, - seconded by Redpath, to adopt Resolution No. 81-49, accepting the bid of Barbarossa and Sons, Inc. for I.C. 51-354, in the amount of $2,298,800.00 subject to conformance by all sub-contractors to the specifications called for; in which a case, if they cannot be met, the second low bidder would be awarded the contract. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 4. Consider bids for front end loader City Engineer Jullie spoke to his memo of February 27, 1981. - ( Rick Zweber, Road Machinery & Supplies (RMS), stated that his company did not guarantee a repurchase price because only 1% of the "buy ' back" bids are exercised. C " fi City Council Minutes -8- March 3, 1981 s MOTION: Moved by Redpath, seconded by Bentley, to. accept the proposal of Borchert-Ingersoll Inc. for the Terex 72-31 B wheel loader at the purchase price of $88,352 and net total cost bid of $4,933.50; and authorize an additional expenditure of $3,0505.00 for 23.5" wide tires, in lieu of the standard 20.5" tires. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen; to adjourn the meeting at 9:57 p.m. and to recess into a private session to discuss the litigation. Motion carried unanimously. a t b 6SO