City Council - 10/20/1981 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 20, 1981 7: 30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane , Director
of Community Services Bob Lambert, City Engineer
Eugene A. Dietz, and Recording Secretary Karen
Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Dean Edstrom was absent
I. PROCLAMATION PROCLAIMING SATURDAY, OCTOBER 24 1981 AS UNITED NATIONS DAY
Resolution No. 81-221
Mayor Penzel read the proclamation proclaiming Saturday, October 24, 1981 , as
United Nations Day.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were moved from the Regular Agenda to the Consent Calendar:
VIII . D. 1. Accept bids for Summer Hockey School becomes IV. M. ; VIII . D. 2.
Request to institute trail easement with Hennepin Vo-Tec becomes Iii.-N. ; VIII .
D. 4. 1st Rea i ng of Ordinance No. 81- 3 regul ati ng bi keways ecomes IV. U. ; and
III . E. 2. Approve agreement with Mn DOT specifying cost sharing or watermain
improvements to TH 169 at Hennepin Vo-Terh intersection - 1- 11 reement
No. 60 Reso u-tli No. 81-210 ecomes I
The following items were added to the Agenda: IV. Q. Resolution No. 81-214 con-
cerning- the November 17 1981 bond referendum; VIII. C. 2. Discussion on metal
buy ings; VIII C. 3 Set October 31, 1981, as date of Special Counci Meeting.
MOTION: Redpath moved, seconded by Tangen, to approve the Agenda as amended and
published. Motion carried unanimously.
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City Council Minutes -2- October 20, 1981
III. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 22, 1981
MOTION: y Bentley,Red path moved, seconded b , to p y approve the minutes of the meeting
of the City Council held Tuesday, September 22, 1981 , as published. Motion carried
unanimously.
IV. CONSENT CALENDAR
A. CIerk's License List
B. Resolution No. 81-208, approving election judges for November 17, 1981, Bond_
Referendum
C. Approve Change Order No. 4 for Valley View Road, Phase II , I .C. 51-325
D. Resolution regarding conformance with Developer s Agreement for Lot 1,
Block 1, Crosstown Industrial Park 2nd Addition Resolution No. 81-211)
E. Approve Change Order No. 2 for Water Treatment Plant Addition, I .C. 51-354,
Phase 4 i
F. Resolution No. 81-213, authorizing and directing the acquisition of certain
lands by eminent domain Wineberg property) °
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G. Revised agreement between the Ci!�y of Eden Prairie and Pavelka's regarding
Special Assessments Resolution No. 81-212
aprove Change Order for Staring Lake Park and Red Rock Park grading
I. Approve Change Order No. 1 for Eden Road Project, I .C. 52-005
J. Approve Change Order No. 4 for Dell Road Project, I .C. 51-326
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K. Znd Reading of Ordinance No. 81-15 rezoning 13 acres from Rural to RM 6.5
oar-38,single f_ami_ly lots and Developer's Agreement for Autumn Woods by Dennis a
firuempi
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L. 2nd Reading of Ordinance No. 81-16� rezoning 20 acres from Rural to RM 6.5
andDeveloper's Agreement for Sundquist Addition by Nils Sundquist
M. Accept bids for Summer Hockey School
N. Request to institute trail easement with Hennepin Vo-Tech
0. 1st Reading of Ordinance No. 81-23, regulating bikeways
P. Approve agreement with Mn/DOT speciaing cost sharing for watermain improvements
to TH 169 at Hennepin Vo-Tech intersectionI .C. 1-311 ; Agreement No. 60579
Resolution No. 81-210
Q. Resolution No. 81-214 determiningnecessityof issuinggeneral obligation public
buy ding bon s and prov dingy for an election thereon—
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City Council Minutes -3- October 20, 1981
City Attorney Pauly said he had recommendations regarding items K. and L.
In the case of Ordinance No. 81-15 he noted it is different from the normal
Developer' s Agreement because the request is for rezoning from Rural to two
different residential districts. Pauly would like to rewrite the Developer's
Agreement slightly to reflect what is being requested. In both Ordinance No.
81-15 and Ordinance No. 81-16 changes must be made in the Ordinance regarding
the setback requirements for duplexes so they can straddle the lot line. Pauly
felt these were technical problems.
MOTION:. Tangen moved, seconded by Bentley, to adopt items A through Q on the
Consent Calendar; with action on items K. and L. subject to revisions in Ordi-
nances and Developer' s Agreements as referred to by City Attorney Pauly. Motion
carried unanimously.
V. PUBLIC HEARING
A. COR PUD AMENDMENT by Karl F. Peterson. Request for a revised PUD Concept
approval to utilize 4.21 acres for office use with variances for parking,
sideyard setback and a lot with no public road frontage. Located in the
southwest corner of Co. Rd. 4 and TN 5 behind Superamerica (Resolution No.
81-176) Continued from 10/6/81
A letter from Karl F. Peterson was introduced in which he requested a
cancellation of his request.
'OTION: Redpath moved, seconded by Bentley, to deny the request without
rejudice. Motion carried unanimously.
MOTION: Redpath moved, seconded by Tangen , to close the Public Hearing.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS NOS. 8703 - 8892
MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims
Nos. 8703 - 8892. Roll call vote: Bentley, Redpath, Tangen, and Penzel voted
"aye. " Motion carried unanimously.
VII . REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel - 1) Called attention to the letter from the Larkin, Hoffman, Daly
& Lindgren, Ltd. firm on behalf of Browning-Ferris Industries regarding a
concept proposal for the Flying Cloud landfill site. 2) Posed the question
of how to address the problem of outside storage. 3) Noted the letters
sent to residents in the area near City Hall by R.A. Putnam and Associates,
Inc. inviting them to a meeting regarding Red Rock Ranch.
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City Council Minutes -4- October 20, 1981
Bentley Asked about the status of appointees from the community at large
to the Task Force on Housing. City Manager Jullie noted an announcement
inviting residents to apply to serve on the Task Force will be included in
the Happenings issue to be published early in November. It is expected this
Task Force will begin meeting in January.
g. Report of City Attorney
City Attorney Pauly brought the Council up-to-date on the Tax Increment
Financing Plan and what is happening at the County level . Last week the
Public Service Committee met to review the rollback provision of the Plan.
The vote was 3-1-2 - one commissioner was absent - to adopt the Resolution;
however, according to Committee Rules, there must be four votes to approve.
This morning the issue came before the regular Board meeting. A motion was
made to continue the issue to a future time; this motion was withdrawn. The
matter was put to a vote; a vote of 2-1-3 - once again one commissioner
was out of town - so the vote was inconclusive.
Pauly noted he will be having an informal meeting with a Supreme Court
Judge tomorrow morning regarding the appeal . i
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C. Report of City Manager rri
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1. Set date for discussion on Codification
City Manager Jullie distributed the rough drafts of Chapters 1 through 11.
Chapter 12 is the section on subdivision requirements and is being reviewed
by the attorney prior to distribution. Penzel said the 2nd Tuesday of the
month for the next two to three months might be a logical time to review
the various chapters,
2. Discussion on metal buildings
City Manager Jullie noted that metal buildings are allowed by Ordinance
only by variance. Consequently these matters appear before the Board of
Appeals and Adjustments; this Board is now requesting direction from the
Council since changes in technology have meant changes in what one normally
thinks of as a metal building. City Attorney Pauly stated what, the present
Ordinance says, noting its ambiguity relative to metal buildings. Redpath
noted pole barns are allowed in Rural-,zoned areas. He -also related what
had transpired at the Board of Appeals and Adjustments meeting recently.
Bentley said the policy should be flexible enough to take into consideration
changes in technology.
MOTION: Bentley moved, seconded by Redpath, to direct City Attorney Pauly
to make the necessary changes in the Ordinance to allow metal buildings
under certain conditions. Motion carried unanimously.
City Council Minutes -5- October 20, 1981
3. Set October 31, 1981, as date for Special Council Meeting
On Saturday, October 31, 1981, at 10:00 a.m. there will be a Special Meet-
ing of the City Council at which time Minnesota Industrial Revenue Bonds
will be acted upon. The concensus of the Council was that this meeting
will also be used to determine how to proceed with reviewing the chapters
in the codification process.
D. Report of Director of Community Services
' 1. Accept bids for Summer Hockey School
Moved to Consent Calendar as IV, M.
2. Request to institute trail easement with Hennepin Vo-Tech
Moved to Consent Calendar as IV. N.
3. Approve hiring architect for shelter at Staring Lake Park and Neighborhood
Parks
Director of Community Services Lambert spoke to his memo of October 14,
1981, which addressed this matter. He stated the Parks , Recreation and
Natural Resources Commission voted unanimously to recommend to the Council
the hiring of Schwartz/Weber Architects.
MOTION: Bentley moved, seconded by Tangen, to hire Schwartz/Weber Archi-
techts to design the Staring Lake Park Shelter and to provide a design for
a neighborhood park shelter with four variations. Motion carried unanimously.
4. 1st Reading of Ordinance No. 81-23, regulating bikeways
Moved to Consent Calendar as IV. 0.
E. Report of City Engineer
1. Award bid for improvements for Autumn Wood Phase I , I.C. 52-016A (Resolu-
tion No. 81-209
City Engineer Dietz explained bids were opened this morning. Because
they were higher than anticipated, the developer requested permission
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to withdraw his 100% petition at this time.
MOTION: Redpath moved, seconded by Bentley, to reject all bids for im-
provements for Autumn Wood, Phase I. , I.C. 52-016A. Motion carried unani-
mously.
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City Council Minutes -6- October 20, 1981
2. Approve agreement with Mn/DOT specifying_ cost sharing for watermain im-
provements to TH 169 at Hennepin Vo-Tech intersection I .C: 51-311A;
Agreement No. 62579 Resolution No. 81-210
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Moved to Consent Calendar as IV. P.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 8:34 p.m.
Motion carried unanimously.
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