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City Council - 07/07/1981 r APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , JUL.Y 7 , 1981 7:30 PM, CITY HALL COUNCIL MEMBERS : 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, Dir- ector of Community Services Bob Lambert, Director f of Public Safety Jack Hacking , Community Center Manager Chuck Pappas , and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL : Paul Redpath was absent I . PRESENTATION OF CHECK BY THE EDEN PRAIRIE LION 'S CLUB AS LAST PAYMENT ON THE Dick Gran, imrr:ediate past President of the Eden Prairie Lion ' s Club, presented a check for $1 ,350.00 to Mayor Penzel . Penzel accepted the check on behalf of the Council and the residents of Eden Prairie and thanked the Lion 's Club for its generous support. This payment is the final installment on the police re- serve vehicle. x II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was rernoved from the Consent Calendar as IV. I . to X. D. 4. Policy on public use of City facilities. The following item was added to the Agenda as item VIII . C. Addendum to the CPT Devel o.per 's Agreement. The following items were removed from the regular Agenda and placed on the Consent Calendar: X. D. 2. Request from HAEP CHockeZ_Associati_on of Eden Prairies - becomes item Iki_ K. ; X. D. 3. Tax Forfeited Lands -becomes ate IV. L. ; X. E. 1 . Receive petition and authorize plans and specifications for Eden Road between TH 169 and Eden Glen Road , I .C. 5?-005 (Resolution No. 81-116) -becomes IV. M. ; X. E._2. Final plat approval for Eden Glen (Resolution No. 81-127) - becomes IV. N. MOTION: Edstrom moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. T-. _ _ - �. . w City Council Minutes -2- July 7, 1981 k III . MINUTES A. Minutes of the Board of Review frorn meetings held May_ 26, 1981 and June 15, 19°1 MOTION: Moved by Bentley, seconded by Tangen, to approve the minutes of the Board of Review meetings held May 26, 1981 and June 15, 1981 , as published. Motion carried unanimously. B. Minutes of the City Council meet inq_ held Tuesd_y, June 16, 1981 Page 2, para . 1 following item Q. PIN #04-116-22-14-0002. Page 3 , para . 3 - add the following sentence to end of para. : Edstrom disagreed with the interpretation of the Ordnance and suggested the matter be considered by the City Attorney. Page 4, under C. 1 . - add to the last sentence: Shakopee, to pay a share of the appeal costs, and to file a brief as a friend of the Court. MOTION: Moved by Tangen, secondeu by Bentley, to approve the minutes of the June 16, 1981 , Council meeting as amended and published. Motion carried unan- imously. IV. CONSENT CALENDAR A. Clerk's License List B. Approve advertisement for bids for development of Red Rock_Park _&_Starinrj Lake Park C. Approve advertisement for bids for Round Lake Park Playground_Structures D. Approve advertisement for bids for Round Lake irrigation system E. Resolution approving Quit Claim Deed to Hennepin Count forr�ht-of-_way purposes along CSAH 4 adjacent=to Roundlake Park Resolution No. 81-128) F. Approve specifications_ and authorize bids to be received on July 30,_ 198.1, at 10:00 AM, for 10 1 Water- meter purchases, I C. 52-003 Pkesolution No. 81-129) G . Approve_ spec ificiations and authorize bids to be received on July 30,__1981 , at, 1.0:00 AM for 1981 Seal Coat pr19ject._,_ I_C 52_002 �kesolution No. 81-130� H . 2nd Reading of Ordinance No. 81-09 , rezoning 1 .1_ acres frorn Rural to Coal- ---,- _ _ __-- -- -- - -_-__ __. ._ Reg-Service for F{ardee 's Restaurant by North Central Food Systems , Inc. _. _ -_._ _.__ _ _._ . _ and developer' s agrecrr,ent I . Policy orl [Wol k- US,] 01' City facilities - moved to item X. D. 4. City Council Minutes -3- July 7, 1981 J . Set Public Hearing for use of Federal Revenue Sharing Funds forTuesday, Amu s t .4, 1981 �. � _—_� _. � ---_—.___._ K. Re quest from HAEP Hockey Association of Eden Prairies formerly item X. D. 2. R S L . Tax Forfeited_Lands - formerly item X . D. 3. M. Receive petition and authorize plans and specifications for Eden Road between 714 _169_and Eden Glen Road, I .C__ 52_005 Resolution No. 81-I16� - formerly item N. Final plat approval__for Eden.. Glen (Resolution No. 81-127) - formerly item X. E. 2. ---_ MOTION: Bentley moved, seconded by Edstrom, to approve items A - H and J - N on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. Request for_Munici al Industrial Development_Bonds in the amount of=$340,000-00 for Frana & Sons (Resolution No.Bob Ryan,Ryan, Ryan Development, builder and developer of the Lake Ridge Office Park, spoke to the request. Also in attendance were Gary Frana, Tom Ryan, and Pat Ryan. Ryan stated that this request is for the fifth building out of a total of fourteen buildings. This request is similar to four others which have come before the Council recently. Gary Frana explained that they are General Contractors and this would be their office facility. Tangen asked whether or not Ryan Development expects every building which comes into their project to come in for this special financing. Tom Ryan responded that a good number of them may very well request Municipal Indus- trial Development Bonds if they are owner occupied. He pointed out that a small businessman is afforded the opportunity of owning his own building just as a large corporation is able to do. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 81-122, requesting Municipal Industrial Develop- ment Bonds in the amount of $340,000.00 for Frana & Sons. Motion carried unanimously. 6 . Request for Municipal Industrial Development Bonds in the a_mo_unt of $_2,300,000 for Val_]ey Place Of face Associates rResal ution No. 81-123) - ~ } Jeff Halpern, Halpern & Druck, representing GSJ Developments, spoke to the request. City Council Minutes -4- July 7 , 1981 Chuck Garrity , one of the partners in GSJ Development, further explained the development which will be known as Valley Place Office Associates . He went on to say that 4 or 5 of the 9 buildings will be entirely owner occupied while the others would be 40 - 60%' owner occupied with the remaining space rented . Building owners will form the partnership. A quit claim deed will be given to William Bearman for the 11 foot strip which had been under dispute. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No . 81-123, requesting Municipal Industrial Develop- ment Bonds in the amount of $2,300,000.00 for Valley Place Office Associates . Motion carried unanimously . C . Lake Trail Estates Rezoning by Swenson & Schwartz. Request to rezone Pots y. 1 and 2, Block 1 and lots 5 & 6, block 2 from R1-13.5 to RM 6.5 for duplexes . Located along Carnelian Lane & north of TH 5. (Ordinance No. 81-10) Arvid Schwartz, Swenson & Schwartz , reviewed the location of the four lots, and stated that the oti-,ner s of lot 4, block 2, and lot 3 , block 1 have no objections for lot 2, block 1 and lot 5, block 2 being duplexes. Planning Director Enger stated the Planning Commission had reviewed this request at its June 8, 1981 meeting and voted (3-1) to recommend approval for the rezoning change for lot 1 , block 1 , but to deny the rezoning for the remaining lots . The matter was not reviewed by the Parks, Recreation and Natural Resources Commission. Bentley asked what the main reason for the request is. Schwartz said there is no market for single family dwellings on those lots because adjacent lots have been zoned for duplexes. Mark Stadind , 7656 Carnelian Lane, said he knew at the time he purchased his home that three duplexes were to be built. He is against the request before the Council . Bill Pearson , owner of one of the duplex lots (0) , stated he is preparing to build on that lot and is considering purchasing another duplex lot should one become available. Nancy Holt, 17200 Park Circle, would not like to see the density increased and therefore is against the requested rezoning. Jim Taylor, 7741 Heritage Road, recently moved to Eden Prairie because he felt the hoflies here woUld have a good resale value and compared well with Edina as an up and going community. He feels there are other areas in the community which can be used for this type of development. Pearson stated he is an Eden Prairie resident and business owner. He feels that dupl exe-, a f ford,!!1 �- housing and there is a need for that in Eden Prairie. e� City Council Minutes -5- July 7 , 1981 Raymond Ince, 17210 Park Circle , wondered why the developer does not sell all the single family lots before attempting to sell the duplex lots. r Schwartz responded that of the 46 lots in Lake Trails all but 13 have been sold. Four of these remaining 13 are those under discussion. The reason Swenson & Schwartz have not come before the Council before this time is that they wanted the owners of the lots around those they wish to have re- zoned to be aware of what they wish to do. t Ken Geason , 7621 Atherton Way, stated he has been a resident of this area for 11 years and has appeared before the Council every two years regarding development in this area . He feels the City does not follow up on what developers have agreed to do. The same issues are refought year after year. He is tired of hearing about rezoning. Mr. and Mrs. John Henry, 17250 Park Circle, were unable to be at the meeting , but called to say they wished to go on record as being in favor of the recommen- dation of the Planning Commission and opposed to the developer's request. Bentley stated he is afraid this could open a real Pandora's Box within the community -- if market conditions dictate specific parcel zonings. Tangen commended the Planning Commission for a job well done on this issue. He concurred with Bentley's remarks. Edstrom agreed and spoke in favor of rezoning only one lot. Bentley questioned the validity of rezoning only one lot. Penzel said this should probably have been done when this area was originally rezoned and the one duplex lot fronting ; on Highway 5 would create a buffer. Tangen said this would not be setting a precedent because there are already duplex lots in the area . MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing; to deny the request to rezone lot 2, block 1 and lots 5 & 6, block 2; and to give 1st Reading to Ordinance 81-10, rezoning lot 1 , block 1 from R1-13.5 to RM 6.5 subject to the recommendations contained in the Staff Report and subject to the developer' s agreement. Motion carried unanimously. Carol Scott, 7691 Heritage Road, asked if the residents can now consider the case closed. Penzel replied there is nothing in the law that prevents one from makiny such a request -- however, once a request has been denied, it can not be considered again for twelve months. D. Street and Utility Improvements on Sunnybrook Road between Homeward Hills_ Road- and 0lyrnpic_ Hills 6th Addition , I.C. 51-j81 Resolution No. 81-126) City Manager Jullie stated the feasibility report for this project had come before the Council earlier, at which time this Public Hearing was ordered. City Engine. -r Diet., explaincwd that the total project costs will be about $165,000 for sanitary sewer, water mains , paving, concrete curb and gutter, and a modest amount of storm sewer on Sunnybrook Road from Homeward Hills Road east to Olympic Hills 6th Addition . The developer of Olympic Hills 6th, h City Council Minutes -6- July 7, 1981 anticipating some resistance from Sunnybrook Road homeowners , agreed to pay the lateral water and sewer benefit for the entire project. -r Larry Russell , 12101 Sunnybrook Road, read a letter (contained as an addendum to the minutes) from Curtis S. Connaughty and Mary Connaughty of 11860 Sunny- brook Road in which they protested the recommended road assessment. Russell said the only one who benefits from a project of this kind is the developer. Ted Allen, Attorney for the Faulks and the Reynolds who are major landholders in this area , stated that the benefit of this project does not go to those who are being assessed. Penzel asked how the proposed assessment compares with those normally assessed. Dietz explained that adjacent property owners would be paying about 53% of the cost of the street, and water and sewer for the project. In most cases the prop- erty owners would be paying considerably more than this amount. A typical assessment for sewer and water on an average lot runs about $5,000; in this instance, because Olympic Hills 6th developers are picking up a large part of the cost, the assessment will be a little over 50% of that. Mrs. Russell , 12101 Sunnybrook Road, questioned the need for a Class A road on Sunnybrook Road. Dietz explained this would be the same road construction as that further east in the Olympic Hills 6th Addition. Larry Peterson , representing The Preserve, said the road would be similar to that of other City streets and is what was required by the City of Eden Prairie. Mrs . Russell stated that present Sunnybrook Road residents are content with a gravel road and see no need for the proposed improvement. Peterson spoke to the role of The Preserve in the area of special assessments. Dean Faulks, representing his son Donald Faulks from Burnsville, said they had shared an assessment with The Preserve for park property. Allen expressed a desire to see the assessment placed on the properties which would be benefited and not on those west of Olympic Hills 6th. Tangen asked for comparative figures between they type of road proposed and a typical residential street. Bentley questioned the need for such a street in this area . Jullie explained the road design is identical to that on Luther Way. Soil factors dictate the depth of surfacing. City Council Minutes -7- July 7, 1981 t Mrs . Russell asked if Homeward Hills Road would be extended to the south of Sunnybrook Road. Penzel said it would and that it would be 48' wide ; it would be the major north-south street between Franlo and TH 169. - Hakon Torjesen, 6605 Rowland Road, wondered about the size of the road -- did City Staff feel there was "play" in the 32 ' width? Dietz stated he felt a 32 ' street was justified. MOTION: Edstrom moved, seconded by Tangen , to close the Public Hearing and to adopt Resolution 81-126, ordering improvements and preparation of plans and specifications for Sunnybrook Road ( I .C. 51-381 ) . Motion carried unanimously . q. VI . PAYMENT OF CLAIMS NOS. 7089 - 7407 x t MOTION: Moved by Tangen, seconded by Bentley, to approve Payment of Claims Nos. 7089 - 7407. Roll call vote: Bentley, Edstrom (abstained on #7315) , Tangen, and Penzel voted "aye". Motion carried unanimously. VII . REPORTS OF ADVISORY COMMISSIONS . regarding A. Planning Commission communication re ardin unauthorized site work at City West by ADI . City Manager Jullie explained that the City West property is located north and east of new Shady Oak Road and south of the 62 Crosstown . He spoke to Planning Director Enger's memo of July 1 , 1981 , in which the unauthorized grading and site development was discussed . City Attorney Pauly spoke to the Ordinance which deals with the altera- tion of land and which does require a permit. The site work being done by ADI seems to be in violation of that Ordinance. Penzel expressed irritation with the developer. Bentley stated it shows a blatant breach of the Ordinance, and that the penalty clause should be invoked. Craig Anderson, representing ADI , said they had discovered recently from the DNR that they are in violation of the Nine Mile Creek Watershed District because they have moved in more than 100 yards of material , The intent of ADI was not to alter the land in any way, but to create access so the land can be shown to prospective buyers . Scott Anderson , also representing ADI , stated that some of the excessive amount of dirt --- that along Shady Oak Road -- is due to the sewer and water construction and that has been authorized. Jullie concurred that the sewer and water work along Shady Oak Road has been authorized , but that interior grading does not seem to be associated with the pipe installation . . Edstrom asked that the City Attorney look at the site and made a determination. City Council Minutes -8- July 7, 1981 Tangen asked if there had been other difficulties with ADI complying with City Ordinances in the past. Jullie said there had been . MOTION: Bentley moved , seconded by Edstrom, to refer the matter to the City Attorney for appropriate action. Motion carried unanimously. VIII . PETITIONS, REQUESTS, & COMMUNICATIONS A. Fairway Wood 3 Plat by Laukka _& Associates. Request to preliminary plat 15 acres zoned R-M 2.5 for 120 condominiums located northwest of existing Fairway Wood, and approval of developer's agreement for revised PUD (Re- solution No. 81-124) Edstrom indicated he would abstain from discussing and voting on this request because his law firm represents Mr. Laukka. Larry Laukka , representing Laukka & Associates, spoke to the proposal , the development of which would be done in four phases . City Engineer Dietz addressed the sidewalk issue. It would be desirable to have a sidewalk through the area ; the sidewalk could be closer to the back of the curb, if necessary. Planning Director Enger said he had spoken with Frank Burg, BRW, about the sidewalks. A curb walk would be acceptable on the south side of the area . The sidewalk would be on the north side in the proposed area of development . The residents of Fairway Wood would have to dedicate the right-of-way for the sidewalk. They must be willing to accept the type of sidewalk before they will do this . Don Anderson , 14312 Fairway Drive, asked why the trail which is along Valley View Road and is proposed along Mitchell Road would not be adequate -- why is a sidewalk necessary along Fairway Drive through the entire develop- ment? Director of Community Services Lambert said there will be an 8' trail on Valley View and Mitchell , but there is still a need for a sidewalk along Fairway Drive because Fairway Drive would be a natural connector/short cut ' and it would also serve the residents - particularly children - within the development, Bentley wondered if a sidewalk from the west end of the southern parking lot to the golf cart crossing on the northern end had been considered . This would provide internal useage and might alleviate some of the other problems which have been mentioned. Lambert stated it should make the connections which are necessary to connect various transportation trails and is necessary for pedestrian use. L . E. Bran,.•!^11 , 143?9 Fairwciy Drivf! , said he doe, not look forward to look- ing at any riore ceincrit if they can help it. City Council Minutes -9- July 7, 1981 MOTION: Tangen moved, seconded by Perizel , to adopt Resolution No. 81-124, Capproving the preliminary plat of Fairway Wood 3rd; and instructing Staff to meet with Fairway Wood residents to work out a sidewalk plan which z would be acceptable. Motion carried with Edstrom abstaining. B. Thorn Creek Plat by Meat Cutters Pension Fund. Request to preliminary plat 8 7ot5 on 61 acres for cumn�erciah and office uses . Located east and adjacent to US 169-212 and north of Valley View Road (Resolution No. 81-125) David Kirscht, representing the Meat Cutters , spoke to the proposal using slides which covered the location, drainage, roads, grading plan, slopes, access points , and vegetation. He expressed concern, however, on the part of the proponent, regarding the additional 17' of right-of-way to be added to County Road 39 (Valley View Road) . Planning Direc�:or Enger said this matter had been discussed by the Planning Commission at its June 22, 1981 meetingjat which time they voted to recommend approval of the preliminary plat by a vote of 6---0, Along with the recommmenda- tions contained in the June 19, 1981 Staff Report; they asked Staff to work with the developer on a solution for a pedestrian circulation plan; to have Staff work with the County concerning the County Road 39 right-of,way pro- blem; and to have Staff and developer work on other problems dealing with the right-of-way. Enger stated a pedestrian system had been agreed to in the PUD concept. A sidewalk to the area to the north (Michelangelo Gardens) wouldallow people living in that area and working in the Thorn Creek area to walk to and from work. Penzel said he works in an industrial area in which many walk to lunch, walk for recreation during the noon hour, or jog; and he feels strongly that sidewalks are a necessity, Director of Community Services Lambert said the Parks , Recreation and Natural Resources Commission had not reviewed this since last August, Edstrom questioned the practicality of the roadway system won't the southern access be the preferred one since it is closest to 169/2.12? Rick Sathre, also representing the Meat Cutters , said that is probably true but that more money is being spent to develop an outstanding main entrance -- one which the casual visitor would be more likely to use, Enger explained that this question had been raised by the Planning Commission also. The common thought by the Planning Commission was that if the developer is willing to spend money on an entrance further east on Valley View Road that was his prerogative. Sathre explained that originally this "main" entrance was not in the plan, but was put in to make circulation safer because the original plan had just called for a long cul -de-sac into the development, Paul Enblom, 10,310 Valley Vies•! Road, said he is pleased with the sensitivity of the proposed development. Discussion core t i hued on connecting the road to the north throunh the project with that propr)-,c:cf in the tlicholangclo Gardens development. - F City Council Minutes -10- July 7, 1981 f . i MOTION; Tangen moved, seconded by Edstrom, to adopt Resolution No. 81-125, approving the preliminary plat of Thorn Creek Place ; incorporating the recom- mendations of the Staff Report and Planning Commission. Motion carried unan- imously. Penzel requested consideration be given for a name for the road way within this plat as one will be necessary very soon . C. Addendum to the CPT Developer' s _Agreement City Manager Jullie spoke to the Agreement which has been reviewed by City Attorney Pauly. Pauly has recommended that item 3 on page 2 of the Agreement (dealing with the Highway 212 alignment) be dealt with in a separate agreement. Peter Beck, attorney for CPT, stated they are willing to prepare and record the necessary documents . Jerry Jenko, representing CPT; was also present. MOTION: Bentley moved, seconded by Tangen, to adopt the Developer's Agree- ment with the condition that a workable document dealing with the Highway 212 alignment be achieved. Motion carried unanimously . IX. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 81-35, authorizing the declaration of a state 2nd a dna' c� wwhi.ch tlrrie the, use o'I water steal 1, be_rec�ulatect,, __ Prescribing- _ _O- -_- F?. . __ _ Y. MOTION: Moved by Tangen , seconded by Edstrow, to give 2nd Reading to Ordinance 81-35, authorizing the declaration of a state of water emergency during which time the use of water shall be regulated, and prr-scribing a penalty. Motion carried unanimously. 1 X. REPORTS OF OFFICERS, BOAR'IS & COMMISSIONS A. Reports of Council_Members 1. Edstrom - expressed concern regarding the policy of issuing building permits on parcels of less than five acres . There is not a "grandfather clause" in the Ordinance, Edstrom suggested a joint meeting of the Human Rights and Services Com- mission and the Council be held prior to the time Rae Bly, leaves the job of Coordinator. The purpose of the meeting would be to discuss the needs and services in South Hennepin County, It was agreed that the best time to meet would be on July 27 , 1981 , at 7:30 p,m, which is the regularly scheduled nieeting of the Human Rights and Services Commission, 2. Bentley - noted the Chamber of Commerce is beginning a housing and trdn—, ortatiorr study in thr, City of Eden Prairie. This is an intensive study arid will use the resources of the City, developers , builders , schools , and any other available resources . City Council Minutes -11- July 7, 1981 B. Report of City Attorney City Attorney Pauly reported he now has a contract for deed for the Seifert property for the Red Rock Park. The Swedlund/Riley Lake property option has been declined. The Court issued an order for judgement for plaintiff in the tax increment fi- narcing case. The order is very short with a short memorandum attached to it; the essence of which is that the City terminated the plan and the plaintiff pre- vails. However, no monetary award was made to the plaintiff as he requested. Also the Court did not make any order relative to the rollback as had been re- quested by plaintiff. The memorandum contains mistatements of fact as to the relief requested by plaintiff and as to the joinder of the HRA in the case. The Court stated that plaintiff asked for an injunction, which he did not; and that the City, rather than plaintiff, asked for the HRA to be joined as a party. It is not clear from the order what judgement will be entered by the clerk. Consequently the Court will be asked to clarify the order so the resulting judgement will not have any potential effect on the City' s tax increment fi- nancing plans for the future. C. Report of City Manager 1. Status report on Public Safety Building_ and Maintenance Facilities City Manager Jullie introduced Roger Martin and Bob Lambert of InterDesign C Inc. , who have done a Site Feasibility Study for accornnodatina City services. Roger Martin gave a slide presentation and explained that an analysis of each of three sites was conducted to determine those essential land factors which might be considered in evaluating any alternative schemes for these parcels. Each alternative was then evaluated in terms of 36 different criteria which were felt critical by both the City Staff and the InterDesign Team. Details are contained in their written report. The three sites under study are: 1) present City Hall site on County Road 4; 2) Mitchell Road site, present location of Public Safety. Water Plant, and Fire Station; and 3) West 78th Street, present location of a Fire Station - near Highway 169. Planning Director Enger said the InterDesign Team and City Staff are now at a point where one or more site plans should be selected and worked on speci- fically and developed more fully. Both the Staff and the architects are rec- ommending one of two alternatives: l) everything located at the present City Hall location , or 2) Public Safety at the West 78th Street location, Public Works and Maintenance functions at the Mitchell Road location and City Hall retained at its existing location. Edstrom asked Director of Public Safety which would be his choice of locations for a new Public Safety Building. Hacking responded the West 78th site be- cause of its convenience to a fire station, it is near the commercial area which is a heavily serviced area; the City Hall site would create considerable f "dead time. City Council Minutes -12- July 7, 1981 Tangen wondered how the criteria had been weighted. Lambert explained that many factors seemed to balance out each other. MOTION: Tangen moved, seconded by Edstrom, to refer the Report to Staff so each Department Head can make a statement regarding the pros and cons of each site, and then to be referred to the Planning Commission for its comments and suggestions. Motion carried unanimously. MOTION: Bentley: moved, seconded by Edstrom, to extend the meeting beyond the 11 :30 p.m. time of adjournment to midnight. Motion carried unanimously. D. Report of Director of Community Services 1. Change Orders for Community Center Director of Community Services Lambert spoke to the memo of July 2, 1981. The Parks , Recreation, and Natural Resources Commission raet last evening and recommended tinted concrete finish for the lobby floor, and the Zamboni water valves should be changed at the expense of the architect. MOTION: Bentley moved, seconded by Edstrom, to accept the change orders as outlined in the July 2, 1981, memo, with the following: under item 1 , vinyl asbestos tile to be used for the lobby flooring; and item 3 should be at the expense of the architect. The other items remain as outlined in the memorandum. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye." Motion carried unanimously. 2. Re test fror,, HAEP (Hockey Association of Eden Prairie Moved to item IV. K. on the Consent Calendar. 3. Tax Forfeited Lands Moved to item IV. L. on the Consent Calendar. 4. Policy on public use of City facilities Director of Community Services Lambert spoke to his memorandum of June 11' 1981, which addressed the policy. The concensus was that "on a time available basis" be added to the end of the paragraph on typing. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt the policy on the public use of City facilities as outlined in the June 18, 1981, memorandum, with the addition of "on a time available basis" to the end of the paragraph on typing. Motion carried unanimously. City Council Minutes -13- July 7, 1981 7 Y 3 E. wort of City Engineer 1. Receive petition_ and author i z� ans and specifications for Eden_ Road between TH 169 and Eden Glen Road, I.C. 52-005 (Resolution No. 81-116) Moved to item IV. M. on the Consent Calendar. 2. Final plat approval for Eden Glen (Resolution No. 81-127) MOTION: Moved by Tangen, seconded by Edstrom, to extend the meeting to 12:25 p.m. Motion carried unanimously. F. Resort of Finance Director 1. Presentation of 1980 Audit Report '!�y Fox, McCue & Mur .V Jim Fox and Bill McCue answered questions of Council members regarding the 1980 Audit Report. Finance Director Frane also provided clarifi- cation. XI , NEW BUSINESS There was none. X. , . ADJOURNMENT 3 '10TION: Bentley moved, seconded by Tangen, to adjourn the meeting at 12:25 a.m. .. Motion ca;-ried unanimously. 7 i _ _. '•''. ~_.. ': ,Y,. ]Y. _1• .y.:[b�'.A`r ^2,•..._:'-.»t .3 ^?'},, "w..•A1.,V'rr1 ti'.