City Council - 02/16/1982 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 16, 1982 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney
Rick Rosow, Finance Director John D. Frane,
Planning Director Chris Enger, Director of
Community Services Bob Lambert, Director of
Public Works Eugene A. Dietz, and Recording r
Secretary Karen Michael
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INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: All were present
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS s
The following items were added to the Agenda: X. Change in Articles of InCor-
4L of The Eden Prairie Foundation; VI . AP OINTMENTS items A - I be discussed
in reverse order; IX. A. 1. Redpath -- Report on Cable TV.
The following item was deleted from the Agenda: III . D. Authorize bids to be
received for Lime Sludge Removal Contract at 10:0 , March 11 , 1982, .C.
52-029
IV. B. Franlo Road Condominiums by Prairie Lakes Corporation continued to
the March 16, 1982, Council Meeting.
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, FEBRUARY 2, 1982
MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the City
Council meeting held Tuesday, Febryary 2, 1982, as published. Motion carried
with Edstrom abstaining.
III . CONSENT CALENDAR
A. Clerk' s License List
B. Resolution No. 82-35, appointing election judges for the March 16th
Liquor Referendum
City Council Minutes -2- February 16, 1982
C. Authorization to advertise sale and removal of Schaitberger House at
Ri ley► Lake Park
D. Authorize bids to be received for Lime Sludge Removal Contract at 10:00 AM
arch 11 , 1982, I.C. 52-029 - removed from Consent Calendar by action taken
under item 1.
MOTION: Redpath moved, seconded by Edstrom, to approve items A - C on the s
Consent Calendar with Abby's Restaurant Liquor License deleted from the
Clerk' s License List. Motion carried unanimously.
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IV. PUBLIC HEARINGS
A. Franlo Road Condominiums by Prairie Lakes Condominiums by Prairie Lakes
Corporation. Request to rezone and preliminary plat approximately 13.3 acres
from Rural to RM 2.5 for construction of two 3-story condominiums for a total
of 172 units. Located west of Preserve Blvd. and north of Franlo Road
(Ordinance No. 82-04 - rezoning; Resolution No. 82-34 - preliminary plat)
MOTION: Edstrom moved, seconded by Redpath, to continue this item to the
March 16, 1982, Council meeting at the request of the proponent. Motion
carried unanimously.
B. Public Hearin on progosed improvements for Autumn Woods Phase I and adjacent
property, I .C. 2-016A. Located soutb of Rymarland Camp and east of TH 101 .
(Resolution No. 82-36, ordering improvements)
Director of Public Works Dietz spoke to the proposed public improvements
for the Autumn Woods area which include utility and street improvements.
Dietz noted the schedule for construction stating it is expected to be
completed by August.
Penzel inquired as to whether or not there would be a merging lane northerly
on 101 from Twilight Trail . He also expressed concern regarding the width
of the roadway. Dietz said he would look into these situations.
Garlan Smith, 7555 192nd Avenue West, asked if the water system might be
shortened. Penzel explained the necessity for having a complete system.
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to adopt Resolution No. 82-36, ordering utility and street improvements
for Autumn Woods Phase I and adjacent properties. Motion carried unanimously.
City Council Minutes -3- February 16, 1982 �.
C. Request for Liquor License by Abby's Restaurant Enterprises
Councilman Edstrom stated he would abstain from discussion and voting
on this item because of a relationship with a client which may have
a possible indirect interest in the matter.
City Manager Jullie noted the location of the restaurant which would
be the site of the proposed liquor license. He also called attention
to the memos from John Frane regarding conformance to ordinances and
from Chief Hacking regarding record checks and background investigations.
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Abbott Rosenthal , 15810 Corral Lane, license applicant, said the restaurant
would have 156 seats and the menu would be contemporary European with an em-
phasis on food for the health and diet conscious consumer. He noted both
he and his wife have been affiliated with different restaurants in the Twin
Cities area for a number of years.
Bentley asked if there had been any problems at the Eden Prairie Shopping
Center with The Brothers and Alladin's Castle being across from each other.
No one was aware of any. City Manager Jullie said he felt there would be
less of a policing problem with a facility such as Abby' s Restaurant than
there has been with TJ`s which is a "hang out."
Tangen asked what the hours would be. Rosenthal said they would be open
about 7 or so for breakfast and would probably close when the shopping center
closes -- but that would depend on the amount of business. They would plan
to be open for Sunday brunch.
Bentley asked if there would be a public bar. Rosenthal said there would
be a bar area but it is planned that meals would be served in this area.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to continue consideration of the liquor license for Abby's Restaurant
to March 2, 1982. Motion carried with Edstrom abstaining .
D. Public Hearing on 1982 budget adjustments
City Manager Jullie referred to his memorandum or January 28, 1982, which
addressed the budget adjustments. As noted in the memorandum, the current
estimated reductions in revenue are as follows:
Reduced Local Government Aid $49,900
Reduced Homestead Credit 8,000
Reduced Tree Program 35,000
Reduced Federal Revenue Sharing 23,100
TOTAL ESTIMATED REVENUE LOST $116,000
City Council Minutes -4- February 16 , 1982
This anticipated loss in revenue could be offset by ordering the following
adjustments in the 1982 Budget program, Jullie noted:
Deletion of new staff $ 53,000
(1 part-time street department,
1 part-time park maintenance,
112 police officer, 1 mechanic,
3/4 building inspector)
Department of Public Works $ 40,000
(dust oiling gravel roads,
seal coating)
Department of Community Services $ 20,000
(recreation, park planning,
adaptive recreation, senior
center, tree program, and
park maintenance)
In-,Service Training $ 3,000
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TCTAL ADJUSTMENTS $116,000
Concerns were expressed about the cuts in various areas; no concensus was reacho
MOTION: Edstrom moved, seconded by Redpath, to accept the adjustments
to the 1982 Budget as recommended by City Manager Jullie with the addition
of reducing the budget of the Historical and Cultural Commission. Roll call
± vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion 1
carried unanimously.
The Council noted .it would like to review the Budget on an on-going basis
throughout the year.
V. PAYMENT OF CLAIMS NOS. 10379 10603
MOTION: Bentley moved, seconded by Tangen, to approve Payment of Claims Nos.
10379 - 10603. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel
voted "aye" with Edstron abstaining on Claim No. 10493. Motion carried.
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VI . APPOINTMENTS
I. Planning Commission - Appointment of two (2) representatives to the Planning
Commission for three (3) year terms commencing March 1, 1982.
The names of William Bearman, Hakon Torjesen and John G. lavender, Jr. were
placed in nomination.
Upon tabulation of ballots William Bearman and Hakon Torjesen were selected
to serve on the Planning Commission.
MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot
for the appointment of William Bearman and Hakon Torjesen to the Planning
Commission. Motion carried unanimously.
City Council Minutes -5- February 16, 1982
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H. Parks , Recreation & Natural Resources Commission - Appointment of two (2)
representatives to the Parks, Recreation & Natural Resources Commission
for three (3) year terms commencing March 1, 1982.
The names of Richard Anderson, Austin Boulay, Robert Gartner, and Allen
Upton were placed in nomination.
Upon tabulation of the ballots Richard Anderson and Robert Gartner were
selected to serve on the Parks, Recreation & Natural Resources Commission.
Redpath noted if Gartner were appointed to the Parks, Recreation &
Natural Resources Commission, two members of one family would be on the
two ranking commissions of the City. Discussion on this point followed.
MOTION: Tangen moved, seconded by Redpath, to reappoint Richard Ander-
son to the Parks , Recreation & Naturai Resources Commission and to reconsider
the vote to appoint Robert Gartner to the Parks, Recreation & Natural. Re-
sources Commission. Motion carried with Bentley voting "no."
The names of Austin Boulay, Robert Gartner and Alien Upton were placed
in nomination.
Upon tabulation of the ballots Austin Boulay was selected to serve on
the Parks, Recreation & Natural Resources Commission.
MOTION: Tangen moved, seconded by Edstrom, to cast a unanimous ballot +
for the appointment of Austin Boulay to the Parks, Recreation & Natural
Resources Commission. Motion carried unanimously.
G. Human Rights & Services Commission . Appointment of two (2) representa-
tives to the Human Rights & Services Commission for three (3) year terms
commencing March 1, 1982.
The names of Barbara O'Grady and Jeanette Mika were placed in nomination.
MOTION: Edstrom moved, seconded by Bentley, to close the nominations and
to cast a unanimous ballot for the appointment of Barbara O'Grady and
Jeannette Mika to the Human Rights & Services Commission. Motion carried
unanimously.
F. Historical & Cultural Commission - Appointment of two (2) representatives
to the Historical & Cultural Commission for three (3) year terms commen-
cing March 1 , 1982.
MOTION: Redpath moved, seconded by Bentley, to continue appointment of
representatives to the Historical & Cultural Commission to the March 2,
1982, meeting of the City Council . Motion carried unanimously,
City Council Minutes -6- February 16, 1982
E. Flying Cloud Airport Advisory Commission - Appointment of two (2)
representatives to the Flying Clouid Airport Advisory Commision
for three (3) year terms commencing March 1, 1982.
MOTION: Redpath moved, seconded by Bentley, to reappoint Sally Brown
to the Flying Cloud Airport Advisory Commission. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Tangen, to continue appointment of a
second representative to the Flying Cloud Airport Advisory Commission to
the March 2, 1982, meeting of the City Council .
D. Development Commission - Appointment of two (2) representatives to the
Development Commission for three (3) year terms commencing March 1, 1982.
The names of Robert Hanson and Tim Pierce were placed in nomination.
MOTION: Redpath moved, seconded by Tangen, to close the iominations and
to cast a unanimous ballot for the appointment of Robert Hanson and Tim
Pierce to the Development Commission. Motion carried unanimously.
C. Building Code Board of Appeals - Aprai^t ent of two (20 representatives
to the Building Code Board of Appeals for three (3) year terms commencing
March 1, 1982.
The names of Charles DeBono and Ralph W. Werner were placed in nomination.
MOTION: Redpath moved, seconded by Bentley, 'to close the nominations and
to cast a unanimous ballot for the appointment of Charles DeBono and Ralph
W. Werner to the Building Code Board of Appeals. Motion carried unanimously.
B. Board of Appeals & Adjustments - Appointment of two (2) representatives
to the Board of Appeals & Adjustments for three (3) year terms commencing
March 1, 1982.
The names of Ronald Krueger and Rodger Sandvick were placed in nomination.
MOTION: Redpath moved, seconded by Bentley, to close the nominations and
to cast a unanimous ballot for the appointment of Ronald Krueger and Rodger
Sandvick to the Board of Appeals & Adjustments. Motion carried unanimously.
A. Assistant Weed Inspector - Appointment of Assistant Weed Inspector.
The name of Wes Dunsmore was placed in nomination.
MOTION: Edstrom moved, seconded by Bentley, to close the nominations and
to cast a unanimous ballot for the appointment of Wes Dunsmore as Assistant
Weed Inspector. Motion carried unanimously.
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City Council Minutes -7- February 16, 1982
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VII . REPORTS OF ADVISORY COMMISSIONS
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There were no reports.
VIII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for approval of the Eden Prairie Volunteer Firemen's Relief
Association ByLaws
M. E. ("Skip") Lane, Jr. , Treasurer of the Eden Prairie Fireman's Relief
Association, spoke to his letter of January 26, 1982, which addressed
the changes included in the new bylaws and was available for questions
the Council might have.
Bentley asked Finance Director Frane about the integrity of the fund.
Frane said an actuarial report must be submitted to the Council before
the Council can finally pass on the bylaws. Frane said everything
appears to be in order.
MOTION: Redpath moved, seconded by Edstrom, to give preliminary approval
to the Eden Prairie Volunteer Firemen 's Relief Association ByLaws.
Motion carried unanimously.
Penzel expressed appreciation, on behalf of the Council , to the members
of the volunteer firemen for their service to the community.
B. Approval of City West PUD Developer's Agreement
City Attorney Rosow noted he had reviewed the Developer's Agreement
and had found it to be acceptable.
Penzel said at one time Richard Anderson had stated the Major Center Area
road system would be of benefit to the more remote properties in the
area; and Anderson had indicated a willingness to contribute to the assess-
ent district. Penzel asked what the present position of ADI is on that.
Dave Sellergren, attorney with the Larkin, Hoffman, Daly & Lindgren Ltd.
firm, representing ADI, said he was unaware of the representation; but
if Mr. Anderson had said it they would entertain good faith negotiations.
He continued it would be good to consider this at the time the report
on Shady Oak Road is being prepared. Penzel said $50 a front foot was
the amount under consideration for assessment.
Scott Anderson was present representing ADI .
Planning Director Enger noted the model on display this evening will
go along with the rezoning application.
MOTION: Redpath moved, seconded by Edstrom, to grant approval of the
City West PUD Developer's Agreement. Motion carried unanimously.
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City Council Minutes -8 February 16, 1982
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
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1. Redpath - Report_on_Cable TV: A meeting of the Southwest Cable
Commission was held in Edina on Thursday, February 11, 1982. At
this meeting the City of Edina' s representative asked the other
communities to enter into a joint powers agreement to hire a cable
coordinator who would handle the day to day problems which come
before the cities. Even if the other communities do not wish to
enter into a joint powers agreement, the City of Edina will hire
a coordinator. The City of Eden Prairie's share from cable tv revenues
for this coming year would be $4,000 - $5,000.
City Attorney Rosow said he has recently reviewed a draft of a change
in the present joint powers agreement which would provide for delegation ;
of the CouncilIs/City' s power under the franchise to the Cable Commis-
sion. The Commission would act in terms of enforcement, monitoring i
of the system, and the initial rate making and setting. This change
would have to come before the Council to be enacted. He stated the
public service commission is not involved in cable.
f The consensus was to have the City Attorney look 3t the agreement.
B. Report of City Attorney
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There was none.
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C. Report of City Manager
There was none.
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` D. Report of Director of Community Services
1. Approval of Park Sign Design
Director of Community Services Lambert spoke to his memorandum of
February 10, 1982, in which designs and estimates of three types
of signs were shown.
MOTION: Redpath moved, seconded by Bentley, to adopt "Concept B"
as the design for. pai^k signs with the recommendation that funds for
the signs be solicited from service organizations in the community.
Motion carried unanimously.
X. NEW BUSINESS
Ccuncilman Edstrom stated the Articles of Incorporation for The Eden Prairie
Foundation require a change -- the words "benevolent" and "civic" must be
deleted from the Purpose to comply with the IRS. Both the School Board and
the Council must approve of the changes before they can be made.
City Council Minutes -9- February 16, 1982
MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No.
82-37, amending the Articles of Incorporation of The Eden Prairie Foundation.
Motion carried unanimously.
MOTION: Tangen moved, seconded by Bentley, to appoint Paul Redpath as a
Director of The Eden Prairie Foundation representing the City Council . {
Motion carried with Redpath abstaining.
Penzel announced there will be a Special Meeting of the City Council on
March 2, 1982, at 6 p.m. at which time the Council will meet with the
Planning Commission and the Parks, Recreation b Natural Resources Commis- s
sion for an update on the landfill expansion. The regular meeting of the
City Council scheduled for 7:30 p.m. that same evening will be rescheduled
for 8:00 p.m.
XI . ADJOURNMENT
MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 9:38 p.m.
Motion carried unanimously.
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