City Council - 06/16/1981 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 16, 1981 7:30 PM, CITY HALL
COUNCIL MEMBE-RS: Mayor Wolfgang H. Penzel , George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF PRESENT: City Manager Carl J . Jullie, City Attorney Roger
Pauly, City Engineer Gene Dietz, Finance Director
John D. Frane, Planning Director Chris Enger, Direc-
tor of Community Services Bob Lambert, Community
Center Manager Chuck Pappas, and Recording Secretary
Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was continued to a future meeting: V. A. Development Commission
Preliminary Report on Development Costs (Chairman Tim Piercej.—
The following item was added: VII . C. 3. NSP substation time extension.
MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended
and published. Motion carried unanimously.
II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 2, 1981
MOTION: Edstrom moved, seconded by Redpath , to approve the minutes of the
City Council meeting held Tuesday, June 2, 1981 , as published. Motion carried
unanimously.
III . CONSENT CALENDAR
A. Set Public Hearing on July 7 1981, to consider request for Munici al
Industrial Development Bonds for Frana & Sons in the amount of $340,000.00
B. Clerk's License List
C. 4th Amendment to Anderson Lakes Park Acquisition Grant
D . Tax Forfeited Lands (Resolution No. 81-112)
E. Consider bids for Elevated Storage Reservoir and Watermain I .C. 51-354,
Contract No. 2 (Resolution" No. 81-113
F. Resolution receiving petition from Viking Press, Inc. , and ordering pre-
paration of feasibility report for drainage improvements, I .C. 52-004
Resolution No. 81-114 !
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City Council Minutes -2- June 16, 1981
G. Authorize Change Order No. 3, Valley View Road Improvements, I:C. 51-325, II
N. Authorize Change Order No. 1 , Water Plant Improvements, I .C. 51-354 _C_________ontract )
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I . Authorize Change Order No. 1 , Well Improvements, I .C. 51-354, Contract No. 1
J. Receive correspondence from the American Water Works Association expressing
congratulations to Ed Sorensen for an outstanding safety record for 1980
K. Resolution approving plans and specifications and authorize bids to be re-
ceived July 16, 1981 , at 10:00 A.M. for Creekview Estates , I .C. 51-375
Resolution No. 81-118
L. 100q petition for Prairie East Park Playground Structure
M. Change Orders - Community Center
N. Change Order - Round Lake Park Shelter
0. Tennis Court Bids
4 P. Final approval for Municipal Industrial Development Bonds in the amount of
350,000 for S & D Properties Resolution No. 81-121
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Q. Approval of Eden Glen PUD Developer's Agreement
(� Under item D. Tax' Forfeited Lands, Edstrom questioned whether or not
it would be to the City' s advantage to retain PIN #�04-116-22-14-0002.
After discussion the concensus was that it would not.
MOTION: Redpath moved, seconded by Bentley, to approve items A - Q on the
Consent Calendar. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and
Penzel voted "aye". Motion carried unanimously.
IV . PAYMENT OF CLAIMS NOS. 6842 - 7088 ,
MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims Nos.
6842 - 7088. Roll call vote: Bentley, Edstrom (abstained on 6992) , Redpath,
Tangen, and Penzel voted "aye". Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
A. Development Commission - Preliminary Report on Development Costs (Chairman
Tim Pierce
MOTION: Edstrom moved, seconded by Bentley, to continue this item to a
future meeting. Motion carried unanimously.
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City Council Minutes -3- June 16, 1981 '
B. Slope Committee Recommendations
Planning Director Enger reviewed the history of the Committee. In Jan-
uary the Council instructed the City Attorney to draft a Slope Ordinance.
Subsequent to that, a Slope Committee was formed consisting of George
Bentley, William Bearman, Grant Sutliff, Jerry Ki ngrey, and Richard Ander-
son. Their recommendations were outlined in a memo of May 27, 1981. These
included 1) protection of significant natural slopes such as the Minnesota '
River Bluffs; and 2) review of, protection , and sensitive modification
of slopes in general throughout the community as part of the development
of the community. They also addressed bluffs protection and what type of
review of slopes should be done prior to development. The Planning Commission
reviewed the suggestions on June 8, 1981, and recommended approval with one
addition. The members felt that the same philosophical approach as was sugges-
ted for the Bluffs protection could be utilized for other significant slopes
in the Community.
Director of Community Services Lambert stated the Parks, Recreation and
Natural Resources Commission considered these recommendations on June 1 ,
1981. Their comments are summarized in a June 11, 1981 , memo. The general
feeling was that the criteria outlined should be more specific.
Edstrom hoped that lots five acres and under would not be upgraded under
the new ordinance. Enger explained that some of the parcels which are less
than five acres which were platted prior to the adoption of the Ordinance
in 1963 were grandfathered in which makes them buildable --unless they do
not have access , which might mean they would not meet that portion of the
Ordinance. Edstrom disagreed with the interpretation of the Ordinance and
suggested the matter be considered by the City Attorney.
B_ntley thought the bluff' s area should be delineated on a map. Tangen
added that other areas of the City should be included. Penzel said a mao
similar to that showing floodplain areas might be used indicating slopes.
City Attorney Pauly added that if the Ordinance applies to all slopes then
everyone applying for a building permit will have to have a site plan and
a topographic survey.
John Shardlow, Howard Dahlgren Associates, shared Burnsville's experience --
they have just adopted an Environmental Overlay Ordinance which was patterned
after the Metropolitan Council 's model ordinance. He will send copies of
the Ordinance to City Attorney Pauly and Planning Director Enger
MOTION: Moved by Bentley, seconded by Edstrom, to accept the report of
the Slope Committee and direct the City Attorney to draft the necessary
amendments to Ordinances. Motion carried unanimously.
VI. PETITIONS , REQUESTS & COMMUNICATIONS
A. HARDEE' S RESTAURANT PLAT by North Central Food Systems , Inc. Request to
preliminary plat 1. 1 acres of Eden Glen PUD. Located in southwest corner
of US 169/2I2 and Eden Road (Resolution No. 81-110)
City Council Minutes -4- June 16, 1981
John Shardlow, Howard Dahlgren Associates, was present for questions.
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Planning Director Enger reported this item had been reviewed at the June
2, 1981, Planning Commission meeting. By a vote of 4-0 approval of the
preliminary plat was recommended subject to the recommendations included
in the Staff Report of June 2, 1981.
MOTION : Redpath moved, seconded by Tangen, to adopt Resolution No. 81-110,
granting the preliminary plat request of Hardee's Restaurant. Motion
carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Bentley - requested a report on the damage done by the June 14, 1981,
storm. City Manager Jullie reported that the tornado had toucned down in
the northeast corner of the City in the vicinity of TH 169/Shady Oak t
Road. Several buildings in the industrial area received substantial
damage. Construction trailers were overturned or tipped. Public Safety
estimates there was about $2,000,000.00 damage in the area. Jullie said
Public Safety is to be commended for a job well done.
2. Penzel - expressed concern about the warning system :used by the Weather
Bureau.
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B. Report of City Attorney
Communications have been exchanged with the attorney for the Swedlunds
regarding the purchase of the Swedlund property For park purposes. Direc-
tor of Community Services Lambert stated that LAWCON funds will not be
available for 1982 and therefore purchase of the park will not be feasible.
C. Report of City Manager
1. Authorization for City Attorney to enter Amicus Curiae brief on
behalf of the City of Eden Prairie regarding Fiscal Disparities
1awsui L
City Manager Jullie explained that the City. of Shakopee has appealed
the legality of the Fiscal Disparities Law to the Minnesota Supreme
Court. They are asking the "loser" communities and others interested
in repeal of the law to enter the lawsuit supporting the City of Shako-
pee, to pay a share of the appeal costs, and to file a brief as a friend
of the Court.
MOTION : Redpath moved, seconded by Edstrom, to support the City of
Shakopee in their lawsuit and to appropriate $1,500.00 towards the
cost of the lawsuit. Roll call vote: Bentley, Edstrom, Redpath,
Tangen, and Penzel voted "aye Motion carried unanimously.
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City Council Minutes -5- June 16, 1981
2. Resolution commenting on the March 1981 Scoping Report for CSAH 62
iTCrosstown H ghwa _ (Resolution No. 81-111
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution
No. 81-111, commenting on the March 1981 Scoping Report for CSAH
62 (Crosstown). Motion carried unanimously.
3. NSP substation time extension
City Manager Jullie spoke to the request of June 8, 1981, by NSP
to extend for a year the conditions outlined in their developer's
agreement dated June 17, 1980. The Minnesota Department of Trans-
portation has denied NSP's application after all engineering for
the proposed substation site was completed -- and to which the
State had earlier concurred.
5,
D. J. Chmiel , NSP Staff Assistant, spoke to the need for the extension.
Also present representing NSP was I.S. Higuchi .
MOTION: Redpath moved, seconded by Edstrom, to grant a one year
extension to NSP for the purpose of complying to the conditions
of their June 17, 1980, developer's agreement. Motion carried unan-
imously.
D. Report of Director of Community Services
1. Proposed fees & charges - Community Center
Director of Community Services Lambert spoke to his June 4, 1981,
memo which gave a summary of proposed fees, charges and priority
usage of the Community Center. Community Center Manager Pappas
was available to answer questions.
Pappas stated the preliminary revenue projections -- a very conser-
vative estimate -- are: $275,000 income and $340,000 - $350,000 in
expenses. Edstrom asked if this included debt service. It does not,
but it does include salaries.
Questions centered on comparative fees and charges; senior citizen
charges ; charges for low income families ; etc.
MOTION: Tangen moved, seconded by Bentley, to continue this item
to a future meeting. Motion carried unanimously.
E. Report of City Engineer
1. Receive petition and authorize plans and specifications for Eden
Road between TH 169 and Eden Glen Road, I.C. 52-05 Resolution No.
�1-216 (No action taken on Resolution No. 81-116)
City Council Minutes -6- June 16, 1981
City Engineer Dietz called attention to the letter from Paul Anderson
which was received today. Also included is a petition which now means
there is a 100% petition. Dietz spoke to the questions raised in the
Anderson letter and felt that these could be worked out and/or readily
explained to the parties involved.
MOTION: Tangen moved, seconded by Edstrom, to receive the petition
and to authorize Staff to proceed with the plans and specifications*
for the project with the contingencies to be resolved in the next
couple of weeks . Motion carried unanimously.
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Calvin Anderson, 7214 Topview, expressed his concerns regarding the
project.
2. Resolution establishing "No Parking or Stopping" zone adjacent to
Flyin5 Cloud Fields on CSAH 1 kResolution No. 81-115
MOTION: Moved by Redpath, seconded by Bentley, to adopt Resolution
No. 81-115, establishing "No Parking or Stopping" zone adjacent to
Flying Cloud Fields on CSAH 1. Motion carried unanimously.
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3. Resolution appropriating Municipal State-Aid Funds for CSAH 4 and
Valle, View Road Channelization Project Resolution No. 81-117 T
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MOTION: Bentley moved, seconded by Penzel , to adopt Resolution No.
81-117, calling for appropriation of Municipal State Aid funds to
CSAH 4 and Valley View Road. Roll call vote: Bentley, Edstrom,
Redpath, Tangen, and Penzei voted "aye". Motion carried unanimously.
MOTION: Tangen moved, seconded by Edstrom, to direct City Manager q
Jullie to proceed with negotiations with Haakon Nyhammer regarding
his property on the southeast corner of Valley View and CSAH 4 and
to report back at the July 7, 1981 , Council Meeting. Motion carried
unanimously.
4. Ordinance authorizing_the declaration of water emergencies during
which time the use of water shall be regulated, and prescribing a
penalty (Ordinance No. 81-35
MOTION: Moved by Redpath, seconded by Bentley, to give 1st Reading
to Ordinance No. 81-35, authorizing the declaration of water emergencies
during which time the use of water shall be regulated, and presicribing
a penalty. Motion carried unanimously.
5. Resolution authorizing �condemnation proceedings for Valley View Road
rig th of-wa acquisition,- I.C. 51-325, Phase II (Resolution No, 81 19)
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-119
authorizing condemnation proceedings for Valley View Road right-of-way
acquisition, I . C. 51-325, Phase II . Motion carried unanimously,
City Council Minutes -7- June 16, 1981
VIII . NEW BUSINESS
There was none.
IX. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at
9: 13 p.m. Motion carried unanimously.
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